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Illinois Senate Floor Debate — May 31, 2008

95th General Assembly (2007-2008) · Legislative day 166 · Regular Session
Chamber
Senate
General Assembly
95th (2007-2008)
Date
May 31, 2008
Legislative day
166
Session
Regular Session
Speaker turns
664
Original
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Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at our -- your desks? Will our guests in the galleries please rise? The invocation will -- today will be given by Senator Koehler. Senator Koehler.

David Koehler (D)

(Prayer by Senator Koehler)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Please remain standing for the Pledge of Allegiance. Senator Maloney.

Edward D. Maloney (D)

(Pledge of Allegiance, led by Senator Maloney)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? Would all administrative assistants please send your Senator to the Senate Floor? We’re about to go to substantial Senate action. Senator Clayborne.

James F. Clayborne Jr. (D)

Mr. President, I move to postpone the reading and approval of the Journal of February -- I’m -- I’m sorry, Friday, May 30th, 2008, pending arrival of the printed transcripts.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne moves to postpone the reading and approval of the Journal of Friday, May 30th, 2008. There being no objection, so ordered. Senator Risinger, for what purpose do you seek recognition, sir?

Dale E. Risinger (R)

For a point of personal privilege, Mr. President. 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your point, my friend.

Dale E. Risinger (R)

In the balcony is a friend of mine who is an engineer for the Illinois Department of Transportation, Mr. Joe Crowe. Please give him a warm welcome to the Senate.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, Joe. Welcome. WAND seeks leave to video. Leave is granted. Leave is granted. WICS seeks leave to video. Leave is granted. Leave is granted. Paul Meincke, WLS-TV, seeks leave to video. Leave is granted. Leave is granted. Patrick Keating, WLS seeks leave to… Leave is granted. Mike Locascio from WLS-TV seek leave to videotape. Leave is granted. Leave is granted. Will all Members under the sound of my voice please come to the Senate Floor? Madam Secretary, Committee Reports.

Deborah Shipley

Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendments 2 and 3 to House Bill 1496, Senate Amendment No. 3 to House Bill 2651, Senate Amendment No. 1 to House Bill 4723, Senate Amendment No. 1 to House Bill 5618, Motions to Concur with House Amendment 1 to Senate Bill 1920 and House Amendment -- and House Amendment No. 1 to Senate Bill 2399 recommend Do Adopt. Senator Trotter, Chairperson of the Committee on Appropriations I, reports Senate Amendment No. 1 to House Bill 6339 recommend Do Adopt.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Messages. 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Deborah Shipley

I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 137. Offered by Senator Raoul, and adopted by the House, May 29th, 2008. Mark Mahoney, Clerk of the House. And it -- it is substantive.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? As you know, this is getaway day. You also recognize, I am certain, when I am in the Chair, we will be moving swiftly - kindlier, gentler, but swiftly. Would all Members under the sound of my voice please come to the Senate Floor? This is your final call. Will all Members under the sound of my voice please come to the Senate Chamber? Will all administrative assistants kindly send your Senator to the Senate Chamber? We are going to substantial Senate business immediately, immediately. Will all Members under the sound of my voice come to the Senate Chamber? Members, we are about to go to concurrences. If you want your legislation moved, I strongly recommend, strongly recommend, you come to the Senate Floor immediately. We are going to nonconcurrences right now. The Chicago Tribune seeks leave to photograph. Leave is granted. Leave is granted. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Cullerton, Co-Chairperson, and Senator Dillard, Co- 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Chairperson of the Committee on Judiciary-Civil Law, reports Senate Amendment No. 7 to Senate Bill 1029, Motions to Concur with House Amendment No. 1 and Senate Bill 2080 -- to Senate Bill 2080 and House Amendment No. 1 to Senate Bill 2489 recommend Do Adopt. Senator Crotty, Chairperson of the Committee on Local Government, reports Senate Amendment No. 4 to Senate Bill 2654 and Motions to Concur with House Amendment No. 1 to Senate Bill 2292 and House Amendment No. 3 to Senate Bill 2677 recommend Do Adopt. Senator Garrett, Chairperson of the Committee on Public Health, reports the Motions to Concur with House Amendment No. 1 to Senate Bill 2012, House Amendment -- House Amendments 1 and 2 to Senate Bill 2857 recommend Do Adopt. Senator Wilhelmi, Chairperson of the Committee on Judiciary-Criminal Law, reports Senate Amendment No. 2 to Senate Bill 2720 and Senate Amendment No. 1 to Senate Bill 2726, Motions to Concur with House Amendment No. 1 to Senate Bill 2135 recommend Do Adopt. Senator Raoul, Chairperson of the Committee on Pensions and Investments, reports Senate Amendment No. 2 to House Bill 5088 recommend Do Adopt. Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Amendment No. 1 to House Joint Resolution 49 and Motions to Concur with House Amendment No. 1 to Senate Bill 2302 and House Amendment No. 1 to Senate Bill 2327 recommend Do Adopt. Senator Lightford, Chairperson of the Committee on Education, reports a Motion to Concur with House Amendments 1 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 and 2 to Senate Bill 2482 and House Amendment No. 1 to Senate Bill 2512 recommend Do Adopt. Senator Delgado, Chairperson of the Committee on Licensed Activities, reports a Motion -- Motions to Concur with House Amendment No. 1 to Senate Bill 1869 and House Amendment No. 3 to Senate Bill 1929 recommend Do Adopt. And Senator Collins, Chairperson of the Committee on Financial Institutions, reports a Motion to Concur with House Amendment No. 1 to Senate Bill 2338 recommend Do Adopt.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? We’re about to go to the Concurrence Calendar. The Rules Committee will meet immediately in the President’s Anteroom. Will all members of the Rules Committee please report to President’s Anteroom? The Rules Committee will meet immediately - immediately, the Rules Committee, President’s Anteroom. Senator Martinez will be coming to the Chair. Will all members of the Rules Committee -- I am looking at you members of the Rules Committee. Would you please come to the President’s Anteroom? Thank you. Senator Martinez in the Chair. (SENATE STANDS AT EASE/SENATE RECONVENES)

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Hendon in the Chair.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Martinez. Would all Members come -- come to the Senate Floor? All Members under the sound of my 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 voice, you need to come to the Senate Floor. Rules Committee has just met. We’re about to go to substantial Senate action right now. We need all Members on the Senate Floor. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Hendon, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Appropriations II Committee - Floor Amendment No. 2 to House Bill 5701; and Be Approved for Consideration -- and Be Approved for Consideration - Floor Amendment No. 4, Floor Amendment No. 5, Floor Amendment 6, Floor Amendment 7 to House Bill 1496, Floor Amendment No. 2 to House Bill 6339, and House Joint Resolution 137. Senator Rickey Hendon, Chairman. May 31st, 2008.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, for what purpose do you seek recognition, my friend?

Donne E. Trotter (D)

Thank you very much, Mr. President. Purposes of announcement.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Make your announcement, sir.

Donne E. Trotter (D)

I’d like to announcement, at 1 o’clock, Appropriations I will be meeting in Room 212. That’s Appropriations I, Room 212 at 1 o’clock, and we will be looking at two motions to concur.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Appropriations I will be meeting in Room 212 at 1 p.m. Senator Schoenberg, for what purpose do you seek recognition, 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 sir?

Jeffrey M. Schoenberg (D)

Thank you, Mr. President. For the purposes of an announcement. The…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your announcement, sir.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The Appropriations II Committee will meet at 1 o’clock in Room 212 for the purposes of hearing Senate Amendment No. 2 to House Bill 5701. And in addition, on the docket will be a subject matter hearing on the contents of Senate Bill 1103, as we anticipate it’ll be amended in the House. Thank you. 1 o’clock, 212, Approp II. Be there. Aloha.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Okay. So, there will not be an Approp I, is that correct? It’ll only be Approp II? Okay. So, Appropriations II will meet at 1 o’clock in Room 212, not Appropriations I. Correct? Okay. That is correct. Appropriations II, 1 o’clock in Room 212. Senator Link, for what purpose do you seek recognition, sir?

Terry Link (D)

Thank you, Mr. President. There will be a Democratic Caucus in the President’s Office immediately, for approximately one-half hour.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Democratic Caucus in President Jones’ Office from 11:45 until 12:15 on the nose. You have exactly thirty minutes, Senator Link. Senator Risinger, for what purpose do you seek recognition, sir? 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Dale E. Risinger (R)

Thank you, Mr. President. The Republicans will caucus in Senator Watson’s Office for thirty minutes.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Republicans will caucus - it is granted - in Leader Watson’s Office from 11:45 until 12:15, also promptly. The two caucuses will begin immediately. The Senate will stand in recess until after the caucuses, 12:15. We will be returning for Floor action. The Senate is in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Will all Senators under the sound of my voice please come to the Senate Floor? Will all Senators under the sound of my voice please come to the Senate Floor? Both caucuses should be over by now. It’s been an extra forty minutes almost. Would all Senators under the sound of my voice please come to the Senate Floor? We’re about to go to substantial Senate action. Will all administrative assistants please direct your Senator that the Senate is back in Session? And we need them all to make their way to the Senate Floor and be prepared to move your legislation. This is the Presiding Officer of the day. Will all Senators please come to the Senate Floor? We are back in Session. Will all Senators under the sound of my voice please come to the Senate Floor? Will all Members under the sound of my voice please come to the Senate Floor? Will all Members under the sound of my voice please come to the Senate Floor? Greg Lipe from the Illinois Information 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Services {sic} (Service) seeks leave to videotape. Is leave granted? Leave is granted. Will all Senators under the sound of my voice please come to the Senate Floor? Madam Secretary, Messages.

Deborah Shipley

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 2198, 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 2198. We’ve received like Messages on Senate Bill 2287, with House Amendment 1; Senate Bill 2293, with House Amendment 1; Senate Bill 2336, with House Amendment 1; Senate Bill 2492, with House Amendments 1 and 2; Senate Bill 2558, with House Amendments 1 and 2; Senate Bill 2688, with House Amendment 2; Senate Bill 2690, with House Amendment 1; Senate Bill 2743, with House Amendment 1; Senate Bill 2877, with House Amendment 1; and Senate Bill 2883, with House Amendment 1. All passed the House, as amended, May 31st, 2008. Mark Mahoney, Clerk of the House.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Rules Committee will meet in the President’s Anteroom immediately. Will members of the Rules Committee please come to the President’s Anteroom immediately? Senator Martinez is coming to the Chair. The Rules Committee will meet in the President’s Anteroom immediately. 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 (SENATE STANDS AT EASE/SENATE RECONVENES)

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Hendon in the Chair.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Madam President. Will all Members under the sound of my voice please come to the Senate Floor? The Rules Committee has finished their business and just come out of the President’s Anteroom. We’re going to move on to substantial Senate action. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Hendon, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Education Committee - Floor Amendment No. 1 to House Bill 4374; and Be Approved for Consideration - Floor Amendments 8 and 9 to House Bill 1496, Floor Amendments 4 and 5 to House Bill 2651, Floor Amendments 2 and 3 to House Bill 4723, Floor Amendments 3 and 4 to House Bill 5618, Floor Amendment 3 to House Bill 6339, Floor Amendments 2 and 3 to House Bill 5215, and a Motion to Concur with House Amendment 1 to Senate Bill 2883. Senator Rickey Hendon, Chairman. May 31st, 2008.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford, for what purpose do you seek recognition, ma’am?

Kimberly A. Lightford (D)

Thank you, Mr. President. Point of an announcement.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Make your announcement. 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Kimberly A. Lightford (D)

Thank you. Senate Education Committee will convene -- Senate Education Committee will convene at 2:45 in Room 400 - 2:45 in Room 400.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Senate Education Committee will meet at 2:45 in Room 400. Will all Members under the sound of my voice come to the Senate Floor? You’ve heard this before, but this time is the real time. We’re going to go to House Bills 3rd Reading. Please turn to page 11 of your Calendar. Page 11 on your Calendar is House Bills 3rd Reading. Senator Halvorson, on House Bill 773. Out of the record. Senator Schoenberg, on 1496. Senator Schoenberg seeks leave of the Body to return House Bill 1496 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 1496. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 2, offered by Senator Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 deletes everything, becomes the bill. It establishes the parameters for a Management and Concession Agreement, a public/private partnership involving the Illinois State Lottery. It -- it also has an express ban on the sale of the Lottery. Sets the terms for that lease concession to be between fifty and sixty years, possibility of a five-year 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 extension. Sets a minimum up-front bid of no less than ten billion dollars. That up-front bid is distributed between the Illinois Works Fund, the Illinois Education Trust Fund. Anything in excess of eleven billion dollars on the up-front goes exclusively in the Pension Stabilization Fund to pay down the unfunded pension liability. There are also governing -- governing provisions in reconstituting the Illinois Lottery Control Board, including a number of more stringent ethical provisions to follow in subsequent amendments. Establishes the Lottery Concession Trust Fund, which holds the proceeds, and there are ethical requirements in here. Those are further strengthened. There’s -- allows the State to waive the sovereign immunity in some cases in regard to the Concessionaire. Be happy to debate the bill on 3rd Reading.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Leader Watson, on -- to the amendment or you going to wait until the bill? On the amendment? Any discussion? Seeing none, Senator Schoenberg moves adoption of Amendment No. 2 to House Bill 1496. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 3, offered by Senator Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, for a brief discussion -- description of Floor Amendment No. 3.

Jeffrey M. Schoenberg (D)

Floor Amendment No. 3 is a clarifying amendment requiring 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 the Treasurer to make all reasonable efforts to -- accrue the highest attainable rate of return on the investment of money in the Illinois Education Trust Fund, and also clarifies that the revenues deposited into the Concession Trust Fund are for the purposes of transferring to the State its twenty-percent share of the gross revenues after prize payouts. I urge its adoption.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion on Amendment No. 3? Seeing none, Senator Schoenberg moves adoption of Amendment No. 3 to House Bill 1496. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 4, offered by Senator Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

…you -- thank you, Mr. President. I move to table Amendment No. 4.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Amendment No. 4 will not be acted -- acted on. Are there any Floor -- further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 5, offered by Senator Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, on Amendment No. 5.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Senate. Amendment No. 5 require -- shifts the -- the threshold for which the Board -- Lottery Control Board approves contracts - shifts that threshold from a hundred thousand dollars to fifty thousand dollars. It’s a tighter procurement -- and higher procurement standard. And I urge its adoption.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion on Amendment No. 5? Senator Righter, on the amendment? Yes. Senator Righter.

Dale A. Righter (R)

Inquiry of the Chair, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your inquiry, sir.

Dale A. Righter (R)

I wonder if -- can you provide or maybe the sponsor can provide some explanation of Amendment 4 that was -- apparently was tabled and what the content of that amendment was? We’re just a little concerned here. Want to make sure that everything that we talked about last night is -- making it onto the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) That is certainly no problem for that amendment that we tabled. Correct? Senator Schoenberg, could you give a description of Amendment No. 4, which we did not act on, sir? Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you. Thank you. Amendment No. 8, which is coming, corrects an error which is in Amendment No. 4. Specifically, Amendment No. 4 had to do with the escape clause that we have in the event that any -- any -- if the Concessionaire or an executive employee of the Concessionaire were to be found guilty 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 of a criminal offense. In -- the definition of the “executive employee” was flawed in Amendment No. 4. What you’ll see in Amendment No. 8, we’ll readdress this issue in an accurate fashion.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, Senator Schoenberg moves adoption of Amendment No. 5 -- Floor Amendment No. 5 to House Bill 1496. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment -- Floor Amendment No. 6, offered by Senator Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, on Amendment No. 6.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 6 is an express prohibition of -- against constitutional officers and Members of the General Assembly, including their spouses and minor children, that receive compensation from owning a direct interest in the Concessionaire or any entity that owns, or is owned by, or is under common control with the Concessionaire during any term of office -- for a period of five years after that constitutional officer or Member of the General Assembly leaves office. I urge its adoption.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion on Amendment No. 6? Senator Rutherford. 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Dan Rutherford (R)

Thank you, Mr. President. A question.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Rutherford.

Dan Rutherford (R)

Thank you. Is there any provision from a time a constitutional officer or legislator leaves their post of office unto which they could -- they would be prohibited from owning an interest?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

That would be five years.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford.

Dan Rutherford (R)

Just so I am clear then, so if a Member of the Illinois State Senate, House of Representatives, or constitutional officer, obviously, held that office, if upon their retirement or leaving the post, they would be precluded from owning an interest for at least five years.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

That’s correct and this is -- strengthens the original bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, Senator Schoenberg moves adoption of Amendment No. 6 to House Bill 1496. All those in 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 favor will say Aye. Opposed, say Nay. The Ayes have it. Amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 7, offered by Senator Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 7 is to direct -- is -- directly addresses an inquiry that was made in the Executive Committee last night by Senator Righter. This clarifies that of the minimum ten-billion-dollar up-front payment that at least five billion of that be paid by the effective date of the Management and Concession Agreement. The balance of that is due within two years thereafter. And in addition, the amendment directs seventy percent of the initial ten-billion-dollar minimum payment to be deposited in the Illinois Works Fund, which would be the capital fund, and thirty -- thirty percent to be deposited in the Illinois Education Assistant {sic} (Trust) Fund not -- in an amount not to exceed ten billion dollars. Anything in excess of that would go into the Pension Stabilization Fund towards paying down the unfunded -- State’s unfunded pension liability. I urge its adoption.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Schoenberg moves adoption of Amendment No. 7 to -- House Bill 1496. All those in favor, say Aye. Opposed, say Nay. The Ayes have it. Amendment is adopted. Are there any further Floor amendments 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 approved for consideration?

Deborah Shipley

Floor Amendment No. 8, offered by Senator Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 8 is the stronger ethical provisions with the technical correction on the definition of what constitutes an executive employee of the Concessionaire. We addressed that in the inquiry from the other side. I’d urge its adoption.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Schoenberg moves adoption of Amendment No. 8 to House Bill 1496. All those in favor will say Aye. Opposed, say Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 9, offered by Senator Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, Amendment No. 9.

Jeffrey M. Schoenberg (D)

Thank you. This is the final amendment that I wish to offer and that states that this legislation becomes law if and only if Senate Bill -- House Bills 1496, 2651, 4723, 5618 and 6339 become law.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Schoenberg 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 moves adoption of Amendment No. 9 to House Bill 1496. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1496. Madam Secretary, read the gentleman’s bill.

Deborah Shipley

House Bill 1496. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1496, as amended, establishes progressive parameters for a public/private partnership in which the State of Illinois would engage private sector partners in a lottery -- in a -- in a lottery management concession. I want to -- we’ve had some extensive discussion here at the Capitol, both about whether or not it’s a good idea to sell a public asset. I think all of us agree there should not be any sale of any public asset and that’s expressly -- that prohibition is expressly written in the law. However, as we’ve seen the interest in the -- in the private equity capital markets investing in public assets, it’s essential that we establish the terms of that relationship to be in the taxpayers’ best interest and -- and that we on the public 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 side are equal partners in our relationship with the private sector. The -- part of that relationship means that we -- we on the public sector side, we require more stringent ethical and procurement-related provisions in any kind of agreement. We on the public side also require protections for those individuals who work in the Lottery to ensure that their wages and their -- and their retirement are -- are secure. This kind of relationship also means that we should have an escape clause in the event that there’s unethical behavior. And as far as the distribution of these proceeds are concerned, there is a detailed formula that would provide funding to go into a capital program. A portion, from seven billion to -- from seven to ten billion, go into the Education Trust Fund, which would -- with that investment which would grow from two hundred million to six hundred million over time. And it also ensures that the balance over which we do -- we would see any initial up-front payment, anything over eleven billion dollars, that that would go into the Pension Stabilization Fund, which is precisely how the bond -- the rate -- bond rating agencies would ask us to spend those kind of proceeds - not putting the money into base spending, not putting the money into -- not putting the money into operations, but rather putting a significant amount of money into reducing a significant long-term investment -- long-term liability. With that, I’d be happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Schoenberg. The Chair would appreciate succinct descriptions of your bill and succinct questions and discussion, as succinct as possible. Leader Watson.

Frank C. Watson (R)

20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Yes. Thank you, Mr. President. I know there’s been some concern in committee and as you walk through your districts and make yourself available to your constituencies about the privatization concept and what it might do to the -- to the lottery. And I’ll have to say, I -- you know, I’m -- I’m one who -- was a little bit skeptical of that, but one thing that I have found, we’re not breaking new ground here. This has been done. In fact, in -- several states have -- already have this: Nebraska, Montana, Idaho, New Mexico, South Carolina, Washington, D.C. - obviously not a state, but does have this - and Ohio just recently did it. So this is not anything new. And what we’ve found is that by privatizing, there has been some enhancement of the -- of the revenues that come in. So, with that, I -- I applaud Senator Schoenberg and -- and -- and be -- pleased to support this and hope that those on this side of the aisle will do also. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Leader Watson. Senator Risinger.

Dale E. Risinger (R)

Thank you, Mr. President. To the bill: I also rise in support of House Bill 1496. I would not be in favor of the long-term lease of the lottery if we were going to use this money for operations and -- and that type of thing. But, you know, this is part of the revenue that’s needed for a capital program that we’ve been -- that we are in sorely need of and have worked so hard to put together. So I rise in support of the bill and I hope that those on this side of the aisle can also support it.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Thank you, sir. Senator Lauzen.

Chris Lauzen (R)

Thank you -- thank you, Mr. President. Question for the sponsor, first.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.

Chris Lauzen (R)

Do I understand correctly that this is a fifty-year lease and the amount that’s going over to an education fund is three billion dollars?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you for asking that question. The terms of the lease are between fifty and sixty years with a five-year option. For public/private partnerships that we’ve seen throughout the country, that means that we are going to likely receive a smaller up-front payment than we would if it was a seventy-five- to ninety-nine-year lease agreement, but that means that it’s in our favor. In addition, I want to point out that anything between ten and eleven billion dollars that would be part of an up-front payment would also go into the Education Trust Fund. So there is even greater potential to infuse more dollars into that Education Trust Fund.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.

Chris Lauzen (R)

But, is the portion that goes to the Education Trust Fund three billion dollars in the -- in the legislation we’re looking 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 at?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

It’s not limited to three billion. If there’s -- there’s a minimum -- there’s a minimum up-front bid of ten billion dollars. We believe it’s likely that this would receive more than ten billion dollars. For the first ten billion dollars, the split is seventy/thirty, with seven billion going to the capital program -- and three billion dollars going to the Education Trust Fund. From ten to eleven billion, there’s that additional billion-dollar opportunity to invest even more in the Education Trust Fund, and then anything that would exceed eleven billion dollars would go into -- exclusively into the Pension Stabilization Fund towards paying down the unfunded pension liability, on top of our scheduled contribution.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Lauzen.

Chris Lauzen (R)

Thank you. Mr. President, to the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir, and I appreciate it. Senator Lauzen.

Chris Lauzen (R)

The -- the serious concern that I would like to share with the Senate today is that the lottery was first proposed as funding to go to education. You know that many of us were sorely disappointed that the net increase in revenue has not really gone to education. If you take a look at this proposal and the three billion dollars of -- three to four billion 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 dollars that could go into this trust fund, the numbers, I don’t think, match up. Part of the proceeds to cover -- right now, six hundred and fifty million dollars, net of prizes and all the rest of the expenses, goes to general spending and it’s supposed to go to education. But six hundred and fifty million dollars is the hole that we’d have to replace. For round numbers, let’s say that twenty percent -- our twenty percent share of what we have to replace of that six hundred and fifty million would be about a hundred and thirty million a year. Even if you were to say over the next several years that that doubles to two hundred and sixty million or even, for round numbers, three hundred million dollars, that trust fund has to produce the remaining three hundred million, three hundred and fifty million for a fifty- to sixty-year period of time. And if you think about it, three hundred million, even if that three -- three to four billion is growing at eight-percent interest a year, that money is only going to last about fifteen years, even with the twenty- percent ownership. So, I -- I think that people were disappointed years ago when the lottery money didn’t go to education. We’re creating a hole here. These -- these numbers don’t stack up and don’t fill the amount of money that we need - - that we currently have going into general spending from the lottery. So, I advise a No vote because the money -- the dollars don’t stack up.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.

Carole Pankau (R)

Thank you, Mr. President. Senator, what will happen to the employees that work for the Lottery right now? 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Senator Pankau, you know, I -- we in Illinois are very committed to protecting the collective bargaining rights of working men and women for their wages, as well as for their retirements. And what we have here, unlike -- here’s really an opportunity for us to be leaders nationally in establishing -- reaffirming the relationship that we have. We would provide -- we would ensure that after this concession is entered into, that the individuals who are part of it would remain employed by the Lottery and remain public employees. We would also -- then there would be a period of time by which an alternative could be offered so that if an individual -- I believe that’s a three- year -- there’s a three-year window, but what we would be doing is ensuring that individuals who were nearing their -- nearing their retirement eligibility, would be able to obtain that retirement eligibility through -- through the State.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.

Carole Pankau (R)

So they will -- bottom line to your answer, they will remain employees for a period of time and then other positions in the same level that they’re at, or whatever, would be found for them. Is that it?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

That’s correct. 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Senator Luechtefeld.

David Luechtefeld (R)

Thank you, Mr. President, Members of the Senate. A question of the sponsor.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Luechtefeld.

David Luechtefeld (R)

Senator, you said that if the Lottery brings us eleven million, but if it goes above eleven million, then that would be used into the Pension Fund. What -- is there any -- and -- and you also stated -- and I -- and I -- and obviously this is what you’d like to see happen, but can you guarantee that it would happen? And that is that you said it would not -- it would go into the pension, but -- and it would not take the place of our annual -- but what -- but you know that doesn’t happen around here very -- very often. For instance, with the sixteen- billion-dollar program that we talked about yesterday, that’s -- will take the place of our annual contribution into -- into that system this year. Do you have any -- any guarantee that that would happen?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Yes. Senator Luechtefeld, a couple of years ago within the -- within the budget implementation legislation, we -- I specifically created the Pension Stabilization Fund, which is -- which mirrors the Rainy Day Fund, which we -- have had in law for some time, by which if a certain threshold is attained, that 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 money exclusively goes towards specific means. The Pension Stabilization Fund, by law, was created to make payments toward the unfunded liability on top of the existing scheduled payment. So if, in fact, we exceed eleven billion dollars, that Pension Stabilization Fund, which could not be swept and which is dedicated exclusively towards the unfunded liability on top of the scheduled payment and not in lieu of the scheduled -- all or part of the scheduled payment, that would help reduce that unfunded liability. And as you know, that unfunded liability, it’s as if we’re lending ourselves that -- those dollars at a rate currently at about eight and a half percent.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.

David Luechtefeld (R)

Two other questions, Senator. That -- that Stabilization Fund has zero dollars in it right now, doesn’t it?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Senator Luechtefeld, if it has anything, it’s a very modest amount, and the reason why it’s a very modest amount is because the triggers by which funds are put into the Stabilization Fund would be if the economy is robust. So when the economy rebounds -- for example, when we created the 1995 law, we didn’t index that schedule towards -- towards economic conditions, whether it’s the CPI or the ECI. And as a result, we really missed an ideal opportunity to put a considerable amount of money, based on the economic growth that was occurring nationally and here in Illinois, into that Fund. When the economy does return, we’re 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 now positioned to put money through that Fund into the unfunded pension liability.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.

David Luechtefeld (R)

But, Senator, you know, I know this is your intention, but with a -- with thirty votes that could be changed tomorrow. Am I right about that?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Senator Luechtefeld, I believe that the long-term problems that have existed with underfunded pensions mean a reversal -- mean we need to reverse behavior. We not only need to pay the obligation, we need to reverse the behavior, and that’s exactly why we passed into law the budget -- the Pension Stabilization Fund, so that when we had revenues, whether it’s as a result -- an uptick in the economy or through a phenomena like a lease concession here, that that money would go exclusively there.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Seeing no further discussion, Senator Schoenberg -- the question is…

Jeffrey M. Schoenberg (D)

To close.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, to close, briefly.

Jeffrey M. Schoenberg (D)

I urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Thank you. The question is, shall House Bill 1496 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 43 voting Aye, 8 voting Nay, 3 voting Present. House Bill 1496, having received the required constitutional majority, is declared passed. Senator DeLeo in the Chair.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, continuing on House Bills 3rd Reading is House Bill 2651. Senator Hendon, do you wish to proceed, sir? I believe Senator Hendon is seeking leave of the Body to return House Bill 2651 back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Okay, now on the Order of 2nd Reading is House Bill 2651. Madam Secretary, has there been any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 3, offered by Senator Hendon.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hendon, to Floor Amendment No. 3, sir.

Rickey R. Hendon (D)

Thank -- thank you, Mr. President. First, let me thank both sides of the aisle, especially the other side of the aisle, for working on this amendment and -- as well as Senator Clayborne who worked on the amendment and Representative Molaro in the House. This amendment, Amendment No. 3, does a -- a couple of things. They were all things that were negotiated between the two leaders, President Jones and Leader Watson. One will replace the -- the split from sixty percent -- I mean, from 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 seventy percent down to sixty percent and that would raise up from five percent to fifteen percent the amount that goes to the ADA. As -- it also does another -- number of other things to strengthen up the fund for focusing on children. We also have a few changes to the advance deposit wagering to reflect what was in the bill sent out by Senator Cullerton. In addition, we’re - - dealt with the annual fee, not to exceed two hundred and fifty thousand dollars in a four-year period. And we will also be looking at that for boats that are under a hundred million dollars. In addition, it deals with the economic development communities and we have the fifteen-mile, non-cannibalization language in the bill to make sure that -- that one boat or one casino does not negatively affect another. Also we changed the amount of the -- the cost for the slots -- machines from fifty thousand to forty thousand a piece in order to ensure that they all are taken. And the moneys that are going into the fund lastly will have to be transferred monthly into the Illinois Education Trust Fund. I’ll be happy to answer any questions on the amendment if there are any.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? There any discussion? Senator Righter, do you rise to the amendment, sir?

Dale A. Righter (R)

I do, Mr. President. Will the sponsor yield, please?

James A. DeLeo (D)

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

Dale A. Righter (R)

Thank you. Thank you, Senator Hendon, for that rendition of what is in Amendment 3 and we appreciate your words prior to 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 listing what’s in the amendment very much. One item that I did not hear you mention, which was something that I believe was committed to last night, was language that would require a two- thirds approval from the Senate for confirmation for anyone who goes through the nomination panel for these issues. Is that in this amendment or the next amendment that is coming? I guess it’s our expectation that that will be part of this bill before it’s voted on on 3rd Reading.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

Rickey R. Hendon (D)

That -- that is -- you’re absolutely right. The two-thirds confirmation process to ensure that there’s bipartisan participation and cooperation with any nominee that goes to one of these boards is not in this amendment. There is another amendment that’s -- that’s going to come that it will be in if we get it done today. If not, then we will definitely by legislative intent. I assure you that it will be in the trailer bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Senator Hendon, I don’t think legislative intent will be applicable here. The court will read the language and if -- unless it’s vague, it will never go to legislative intent. So, it’s my hope that we will have amendatory language on House Bill 2651 before it’s called for a third-vote reading that requires a two-third vote approval in the Senate for any of these boards that go through the 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 nominating process. I think that’s very important to several Members on this side of the aisle.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

Rickey R. Hendon (D)

Thank you, Mr. President. Well, what I was speaking of of legislation intent - you know, I like to tell the truth on the Senate Floor and -- and everyone can -- trust my word - is that we do intend -- it should have been in there. Some things in the last minute may not have all been in there. If it doesn’t get done today, it will most certainly be in the trailer bill, because I agree a thousand percent that it should be a two- thirds vote for confirmation.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. I don’t mean to belabor the point, but I’m -- I’m -- I’m familiar somewhat with the trailer bill that’s been talked about. There are a laundry list of issues out there that certain groups think that they’re going to be seeing in the trailer bill. I would not want to see an issue that is the subject of a commitment - and I’m not questioning your word, Senator Hendon, I want to be clear on that - but that -- I don’t place that in the same category as maybe some of these other issues we’re talking about. And, plus, you know as well as I do, on a very sensitive and complicated piece of legislation like this, you start loading up too many things, it sinks under its own weight and then nothing survives. So, I -- again, I -- I hope, Mr. President, Senator Hendon, that we can 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 do something about the supermajority requirement that was agreed to last night and that it’s part of Senate {sic} Bill -- 2651 before it’s voted on on 3rd Reading. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Okay, Ladies and Gentlemen, Senator Hendon moves the adoption of Floor Amendment No. 3 to House Bill 2651. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment’s adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 4, offered by Senator Hendon.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hendon, to Floor Amendment No. 4, sir.

Rickey R. Hendon (D)

Thank -- thank you, Mr. President. I just wanted to assure everyone that the -- that on that previous amendment that they’re looking for, for the two-thirds, it will be a stand- alone trailer bill, Senator Righter and Leader Watson. It will be a stand-alone trailer bill, so it won’t have anything else on it that could weigh it down. Now, on Amendment No. 4, retains the underlining bill by making certain changes that were negotiated by the stakeholders. It requires that the Auditor General do certain work in Illinois Works issue and it modifies where the dollars of the FOCUS Fund is paid into the education. It also specifies that the eleventh license will go into a area not within fifteen miles of a current boat. And this is the one that also reduces the cost of the positions. So I’d be happy to answer any questions on the amendment if there are any. 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Hendon. Senator Righter, do you rise to this amendment, sir?

Dale A. Righter (R)

I do, Mr. President, and I guess I apologize. This is part of the continuing dialog that we’re having on the issue that was the subject of a commitment last night. And -- and I appreciate the fact that Senator Hendon recognizes that commitment was made. I do think, Mr. President, that procedure allows for an amendment on the bill’s face and if you -- if you and Senator Hendon would be amenable to that, then we would be interested in making that motion, amending this bill on its face to insert that language. Again, Mr. President, I don’t want to go too far with this, but I do want to emphasize again the importance of having this on the bill prior to a vote on 3rd Reading.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

Rickey R. Hendon (D)

Senator Righter, I certainly understand. We’re going to try to do it today. If not, I give you my guarantee and my word that it will be on a stand-alone trailer bill and -- and we can do those various trailer bills, stand-alone, where there will be nothing to weigh it down. I agree with you about the two-thirds and we will make sure we take care of that. If there’s -- and I appreciate an adoption of Amendment No. 4.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Hendon moves the adoption of Amendment No. 4 to House Bill 2651. All those in favor will say Aye. All those opposed will say Nay. The Ayes 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 have it. And the amendment is adopted -- adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 5, offered by Senator Hendon.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hendon, to Amendment No. 5, sir.

Rickey R. Hendon (D)

Thank you, Mr. President. Thank you, Mr. President. Amendment that ties all of the bills together and I would appreciate adoption of Amendment No. 5. It simply ties all the bills together so that we can get the -- all the moneys that we need for the capital program and the other funding programs, Mr. President. And I would appreciate adoption of Amendment No. 5. I will be happy to answer any questions if there are any on Amendment No. 5, Mr. President DeLeo. I appreciate adoption of Amendment No. 5.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon moves the adoption of Floor Amendment No. 5 to House Bill 2651. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 5 is adopted. Has there been any further Floor amendments approved for consideration, Madam Secretary?

Deborah Shipley

No further amendments reported, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading comes House Bill 2651. Senator Hendon, do you wish to proceed, sir? Senator Viverito, for what purpose do you rise, sir? 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Louis S. Viverito (D)

Thank you, Mr. President. Inadvertently, on House Bill -- 1496, I just happened to press the red and I really wanted to press the red. Would you please correct that for me? I mean the green. See what I mean? I was a little goofed up ‘cause Mr. Clayborne was talking to me a little too long. Green, 1496.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) The record will so reflect your intention, that Senator Viverito, his intention was, on 1496, to vote green, sir. The record will so reflect. Senator Hendon.

Rickey R. Hendon (D)

Thank you, Mr. President. We’d like to hold this on 3rd Reading so we can deal with some of the concerns of the other side of the aisle, since they’re being so very cooperative today. So, we’ll hold this on 3rd Reading for a few minutes.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, House Bill 2651 will be taken out of the record and be held on -- and it’s now on House Bills 3rd Reading, Madam Secretary. Out of the record. Okay, House -- continuing on House Bills 3rd Reading on the printed Calendar on page 11 is House Bill 3679. Out of the record. Senator James Clayborne, on 4132, sir. House Bill 4132. Senator Clayborne. Out of the record. Senator Sullivan, on 4179, sir. He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.

Deborah Shipley

House Bill 4179. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Senator Sullivan, to the bill, sir.

John M. Sullivan (D)

Thank you, Mr. President. House Bill 4179 stipulates that if a recipient of either exemption - the homestead exemption - becomes a resident of a facility licensed under the Assisted Living and Shared Housing Act, the exemption will continue as long as the residence continues to be occupied by the qualified person’s spouse if the spouse is sixty-five years of age or older. Be more than happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 4179 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Bill 4179, having received the required constitutional majority, is declared passed. House Bill 4191. Senator Collins. Out of the record. House Bill 4215. Senator Trotter. Out of -- out of the record for now. House Bill 4374. Senator Martinez. Senator Martinez, 4374. Out of the record. House Bill 4723. With leave of the Body, we will return to House Bill 4723. House -- and go to House Bill 4890. Senator Harmon, 4890. Out of the record. House Bill 5038. Senator Harmon. 5038. Out of the record. House Bill 5088. Senator Demuzio. Senator Demuzio seeks leave of the Body to return House Bill 5088 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 5088. Madam Secretary, are there any amendments approved for 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 consideration?

Deborah Shipley

Floor Amendment No. 2, offered by Senator Garrett.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio, to explain Floor Amendment No. 2.

Deanna Demuzio (D)

Yes. Thank you, Mr. President and Members of the Senate. Floor Amendment No. 2 to 5088, it retains the underlying bill and adds language amending various Articles of the Pension Code. But more importantly, this is to reform the downstate police and fire protection {sic} funds. This amendment prohibits fund transfers out of the Public Pension Regulation Fund. And pension impact notes are modified to grant the Commission on Government Forecasting, the COGFA, the ability to determine cost on multiple municipalities. This is basically a good downstate and -- police/fire pension fund. And I ask for your support.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Demuzio moves adoption of Amendment No. 2 to House Bill 5088. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5088. Madam Secretary, read the bill.

Deborah Shipley

House Bill 5088. 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.

Deanna Demuzio (D)

Yes. Thank you. To the bill: House Bill 5088 requires that the State Pension Fund be used for the funding of unfunded liabilities of the five State-funded retirement system. This bill will require that payments to the system from the Unclaimed Property Trust Fund be made in addition to and not in lieu of any State contribution required under the Illinois Pension Code. This is from the unclaimed property and what we’ll be doing is setting up a trust fund. This is an initiative of the Treasurer’s Office - beginning in 2011, that revenues generated by the receipts of unclaimed property will be used to pay down on the State’s unfunded pension liability.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Burzynski, sir.

J. Bradley Burzynski (R)

Thank you, Mr. President. Will the sponsor yield for a question?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Burzynski.

J. Bradley Burzynski (R)

Thank you. Senator, this is the same question I asked in committee on the original bill and just for legislative intent for clarification: Do the changes on page 9, line 9 in this Section apply only to Articles 3 and 4?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Senator Demuzio.

Deanna Demuzio (D)

Thank -- thank you, Senator. Yes, they do.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski. Senator Demuzio, to -- to close.

Deanna Demuzio (D)

Thank you. I ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 5088 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 5088, having received the required constitutional majority, is declared passed. House Bill 5141. Senator Lightford. Out of the record. House Bill 5151. Senator Trotter. 5151, sir? Out of the record. The Rules Committee will meet immediately in the President’s Anteroom. Will members of the Rules Committee quickly come to the President’s Anteroom so we can move the amendments -- discussed earlier? Senator Martinez in the Chair. Will all the members of the Rules Committee please come to the President’s Anteroom? Senator Martinez. Thank you, Senator Martinez. Senator Hendon back in the Chair. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Hendon, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Floor Amendment No. 6 to House Bill 2651. 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Senator Rickey Hendon, Chairman. May 31st, 2008.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) House Bills 3rd Reading. Middle of page 12 on your Calendar is House Bill 5215. Out of the record. House Bill 5350. Out of the record. House Bill 5585. Senator Syverson. 5585, sir? Out of the record. House Bill 5618. Senator… 5618. Senator Meeks. Senator Meeks seeks leave of the Body to return House Bill 5618 to the Order of 2nd Reading for purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5618. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 1, offered by Senator Meeks.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.

James T. Meeks (D)

Thank you so much, Mr. Chairman. This amends the Department of Commerce and Economic Opportunity Law of the Civil Administration {sic} (Administrative) Code, the Illinois Finance Authority Act and the State Finance Act to create three new programs - the Hospital Capital Investment, the Urban Revitalization Program and the House {sic} (Hospital) Capital Improvement Program.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Meeks moves adoption of Amendment No. 1 to House Bill 5618. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration? 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Deborah Shipley

Floor Amendment No. 3, offered by Senator Meeks.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.

James T. Meeks (D)

Thank you, Mr. Chairman. Floor Amendment No. 3 says that this bill will not become law unless the gaming, capital, Lottery, and the bond authorization bill passes.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, Senator Meeks moves adoption of Amendment No. 3 to House Bill 5618. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 4, offered by Senator Meeks.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.

James T. Meeks (D)

Yes, Mr. Chairman. Floor Amendment 4 just clears up the definition of moderate and low-income persons.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Meeks moves adoption of Amendment No. 4 to House Bill 5618. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported, Mr. President. 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5618. Madam Secretary, read the bill.

Deborah Shipley

House Bill 5618. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.

James T. Meeks (D)

Thank you so much, Mr. Chairman. This -- these new programs - the Hospital Capital Investment, Urban Revitalization and Capital Improvement programs - will be a part of our capital bill. They will be administered by -- the Hospital Capital Program and the Hospital Capital Improvement Program will be administered by DCEO. The Urban Revitalization Program will be administered by the Illinois Finance Authority.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. I rise with a little bit of reluctance in support of this bill. I have some concerns that the Urban Revitalization Program will be run through the Illinois Finance Authority which, obviously if we watch the newspapers knows, once had an executive director that was a little bit shady. However, I, and I want you, especially, Mr. President, to know and recognize that many of us do - we do very much care about the revitalization of neighborhoods all throughout Illinois, whether we represent upper middle-class 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 suburban districts - which is primarily mine - and I just want you to know, Mr. -- or Mr. President, Senator Hendon, that I’m for this. I understand it. I understand its need. And I would say to my friend, Senator Meeks, it’s because of my personal respect for Senator Meeks as a clergyman, a State Senator and a friend that I rise in support of this. I trust Senator Meeks to know what his area in the State of Illinois does and there are very -- and I love every Member here, but because Senator Meeks is its sponsor, I’m going to give him the benefit of the doubt and be for this. And I just want you all to know, I care as much about other parts of Illinois as I do my own area, although it may surprise you that I probably have a couple of places in my district that would qualify for urban renewal under this. So, I’m for it. Hopefully they’ve got their problems at the Illinois Finance Authority cleaned up. And out of great respect for the sponsor, Senator Meeks, I’m going to cast an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you. Senator Murphy.

Matt Murphy (R)

To the bill, Mr. President: I -- I, too, have the utmost respect for the sponsor and probably would feel a little more comfortable about this if he were the one in charge of the money. But, of course, the one billion dollars that’s going isn’t going to be in the good Senator’s hands, it’s going to be in the Illinois Finance Authority’s hands. Ali Ata, who just testified and pled guilty to giving twenty-five thousand dollars to the Governor for the -- for a job, is the past chair of the Illinois Finance Authority. This billion dollars amounts to nothing more than government-sponsored, government-provided, 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 walking-around money. It’s a sham. It’s a sham on the taxpayers. And it’s -- it -- we should not be doing this with taxpayer money. This is going to go into a capital bill that has nothing to do with capital. This is walking around money through Ali Ata for the Governor. It stinks. It’s wrong and I urge a No vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

Kwame Raoul (D)

I rise in strong support of Senator Meeks’ bill. I understand the concerns from the previous two speakers about the past. However, I know personally the Executive Director of the Illinois Finance Authority is somebody who’s qualified and somebody of great character. And we can’t cast a shadow on the respective departments of our government and the authorities that will exist long into the future forever, in -- into eternity. In addition, we have to consider the sponsor, and to characterize this as a sham, I -- I -- I personally take offense to that with regard -- because I know that the sponsor is one who’s been -- who’s had the highest integrity and who’s treated everybody -- every single person in this Chamber with great respect, no matter -- no matter the differences that may exist. The overall capital bill is about capital - capital to invest in infrastructure. And we should be interested not only to -- investing in the infrastructure in roads, but infrastructure in all of the communities which we all represent. So I rise in strong support of this.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks, to close. 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

James T. Meeks (D)

Thank you so much, Mr. President. I -- thank you so much, Mr. President. I appreciate all the comments of my colleagues and I hope that as much as I have to do with this legislation, I won’t let you down. And I ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall House Bill 5618 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 32 voting Aye, 19 voting Nay, 2 voting Present. House Bill 5618, having received the required constitutional majority, is declared passed. Chair apologizes to the Senators whose lights were lit. I’m -- I did not see them. Senator Kotowski, for what purpose do you seek recognition, sir?

Dan Kotowski (D)

Mr. President, I attempted to vote Yes on that bill and my -- my button did not go off.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Senator DeLeo in the Chair. With leave of the Body, we’re going to return to House Bill 2651 so that we can deal with the amendment raised -- question raised by Leader Watson and Senator Righter. Senator DeLeo in the Chair.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, with leave of the Body, we will return to page 11 of your printed Calendar. We will be going back to House Bill 2651. House Bill 2651. And sponsor 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 indicates that he’d like to return House Bill 2651, with leave of the Body, to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 2651. Madam Secretary, has there been any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 6, offered by Senator Hendon.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Hendon, to Floor Amendment No. 6, sir.

Rickey R. Hendon (D)

Thank -- thank you, Mr. President. Floor Amendment No. 6 addresses the question raised by Senator Righter and Leader Watson which was agreed to yesterday and we had just -- did not get it done. But we are -- now this is the amendment that gets it done that requires the two-thirds, bipartisan support for any member to come on, a member of the board -- the Gaming Board, the Racing Board and the Office of the Gaming Commission. So, I’d appreciate an Aye vote. And I thank you, Senator Righter, for pointing this out to us and we -- this is the amendment here. I appreciate its adoption.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the amendment? Is there any discussion on the amendment? Senator Righter, are you seeking recognition, sir?

Dale A. Righter (R)

I am, Mr. President. Thank you. I simply rise in support of the amendment and want to express my gratitude to Senator Hendon, the Senate President and Senator Watson for working 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 together to get this done. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Righter. Okay, Ladies and Gentlemen, Senator Hendon moves the adoption of Floor Amendment No. 6 to House Bill 2651. All those in favor will say Aye. All those opposed will say Nay. And the Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 2651. Senator Hendon, do you wish to proceed, sir? Indicates he wishes to proceed. Madam Secretary, read the bill.

Deborah Shipley

House Bill 2651. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

Rickey R. Hendon (D)

Thank you, Mr. President. To the bill, just briefly: There are a few things we’ll be cleaning up in a trailer bill. One would be the moving of the dates for the horsemen so that they won’t lose forty-seven racing dates. We will deal with that. I already mentioned that we’re going to be looking at a couple of other things, including the -- the issue brought up by my great friend Senator Jacobs. The bill has been thoroughly 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 discussed and I’d appreciate an Aye vote.

James A. DeLeo (D)

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

Dale E. Risinger (R)

Yeah. Will the sponsor yield for a question?

James A. DeLeo (D)

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

Dale E. Risinger (R)

Senator, there was some concerns about -- with the road program, that there be a good balance of the money spent throughout the districts, and in order to do that, we discussed an amendment that talked about the IDOT doing a survey of the interstate, the marked roads and the bridges. And that -- in order to get that done, the -- in order to make sure that was done, the Auditor General would do an audit every two years. Is that in this bill?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.

Rickey R. Hendon (D)

Yes, Senator Risinger, and I appreciate your question. I know we brought that up in committee. It is in the bill. It was in Amendment No. 4. Thank you for bringing that up, because I didn’t have a chance to discuss it.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger.

Dale E. Risinger (R)

Thank you, Mr. President. I urge an Aye vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Okay, Ladies and Gentlemen, seeing no further discussion, Senator Hendon, to close, sir.

Rickey R. Hendon (D)

I just want to -- I want to thank, if I can quickly, especially Senator Righter, Senator Risinger and Leader Watson, for the bipartisan cooperation. President Jones was just absolutely magnificent in allowing true bipartisan cooperation and I hope this is a indicator of what we can do from now on. I’d appreciate an Aye vote. Thank you, Leader Watson.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 2651 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 32 Ayes, 18 Nays, 5 voting Present. House Bill 2651, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen, continuing on House Bills 3rd Reading, on the bottom of page 12 of your Calendar, we’ll go -- leave of the Body, we’ll go back to where we left off. Senator Trotter. Senator Trotter, on 5701, sir. Do you wish to proceed? Out of the record. Turning the page, House Bills 3rd Reading, we will go to page 13 on -- on your printed. On the top of page 13 is House Bill 6339. Senator Trotter, do you wish to proceed, sir? Is -- and Senator Trotter, I believe, is seeking leave to return 639 -- 6339 back -- out of the record. Okay, Ladies and Gentlemen, with leave of the Body, we will be turning back to House Bills 3rd Reading, on the top of page 13 of your printed Calendar. On the top of page 13 comes House 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Bill 6339. Senator Trotter, do you wish to proceed? He indicates he wishes to proceed. But Senator Trotter also seeks leave of this Body to return House Bill 639 {sic} back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Hearing no objection, we’ll return House Bill 6339 back to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 6339. Madam Secretary, has there been any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 1, offered by Senator Trotter.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, to Amendment No. 1, sir.

Donne E. Trotter (D)

Thank you very much, sir -- Mr. President. House Bill 639 {sic} first amendment appropriates for new capital programs for a total of 34.1 billion dollars. I would like to go into more detail after we adopt the other two amendments.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, the gentleman has asked -- Senator Trotter has moved the adoption of Floor Amendment No. 1 to House Bill 6339. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 1 is adopted. Madam Secretary, has there been any other further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 2, offered by Senator Trotter.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Trotter, to Amendment No. 2, sir. 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. Senate Amendment No. 2 to 639 {sic} makes technical changes to the underlying bill by adding the word “replacing” to the amendment clause; it increases the DCEO economic development line by one hundred million and increases new local transportation projects by two hundred and fifty million throughout various lines.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Senator Trotter moves the adoption of Floor Amendment No. 2 to House Bill 6339. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 2 is adopted. …Secretary, are there any further Floor amendments approved for consideration?

Deborah Shipley

Yes, Mr. President. Floor Amendment No. 3, offered by Senator Trotter.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Trotter, to Amendment No. 3, sir.

Donne E. Trotter (D)

Thank you very much, sir. Senate Amendment No. 3 to House Bill 639 {sic} states that the bill becomes law if and only if, and not until all the following bills become law. Those are House Bill 1496, which is the Lottery lease; House Bill 2651, the gaming expansion; House Bill 4723, the bond authorization; and finally, House Bill 5618, which is the urban revitalization and hospital capital plan.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Thank you. Is there any discussion? Is there any discussion? Seeing none, Senator Trotter moves the adoption of Floor Amendment No. 3 to House Bill 6339. All those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and Floor Amendment No. 3 is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. 3rd Reading. Now on the Order of 3rd Reading is House Bill 6339. Senator Trotter, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.

Deborah Shipley

House Bill 6339. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

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

Donne E. Trotter (D)

Mr. President, Members of the Senate, if I could just have all of your attention, this is the spending plan for the capital project list that has 34.1 billion dollars which will be spent on various projects. It has 21.4 billion dollars which will be the State’s share and the remaining 12.6 billion is made up of local and federal matches for various projects. Also contained in this bill is the bond authorization for the capital proposal 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 which totals 2.5 billion. And there is a breakdown of how those dollars will be spent. We have a total of 10.8 billion dollars will be spent on a multi-year plan, 5.6 billion dollars for new bonded, local road projects goes for 1 billion, public transportation -- transit has five billion, rail has three hundred million, airports 300.5 million, school construction has 4.1 billion dollars with federal match, 3. -- three hundred and thirty million dollars for school maintenance, twenty-five million for early childhood, public universities get 1.5 billion, community colleges get three hundred million, private universities three hundred million, makes more of -- five hundred and fifty-three million dollars which will go to State facilities, economic development - we have four hundred and fifty million dollars, affordable housing fifty million dollars, health care facilities get a hundred and fifty million dollars, civic centers twenty-five million, Member projects will be five hundred million dollars, urban revitalization will get a total of a billion dollars. If there’s any questions, I’m prepared to answer.

James A. DeLeo (D)

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

Dale E. Risinger (R)

Thank you, Mr. President. To the bill: This bill is a long-awaited bill for the capital spending. It’s -- I don’t need to remind people in this Chamber that it’s been nine years since we’ve had a capital bill. We have a crumbling infrastructure. This bill takes care of -- of the school construction. There’s money in there for K through twelve for 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 school construction. There’s money in there for highways. Total, between the local and the State, is over seventeen billion dollars over a six-year period for -- for highways and bridges, which is very important to our State. We’re -- we are at the crossroads of the nation. We have all kinds of traffic that passes through the State of Illinois. We can ill afford to allow our infrastructure to go down. The transit is in here also. The transit is very important to our northeast portion of the State, as well as to other portions, but certainly critical to the northeast portion of the State. And it is funded at a -- at a level that hopefully can upgrade some of the capital equipment that needs to be done. There was a lot of people that have worked very hard on this program to get it in the -- to the stage that it is right now. And I appreciate the sponsor working on this bill. And I appreciate all of those that have worked together to put this plan together. It is not a perfect plan by any means, but it certainly is the step in the right direction. It is certainly something that we need to do because we can ill afford to allow the needs to continue to grow another year and to allow inflation to kick up the cost of construction. And certainly ask for an Aye vote on this side of the aisle, as well as on your side also.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Risinger. Further discussion? Senator John Sullivan.

John M. Sullivan (D)

Thank you, Mr. President. To the bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir. 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

John M. Sullivan (D)

I -- first of all, I want to thank Senator Trotter, obviously, for his work on this, the time and effort spent into it. We appreciate that very much. I -- I do want to comment, I think many -- many people in this Chamber realize the efforts of former U.S. Speaker of the House Denny Hastert, as well as President Glenn Poshard. The work that they put in, in trying to bring this capital bill and get us to this point right now, is -- was -- was just absolutely monumental. Those two gentlemen traveled the State of Illinois and listened to their - - listened to -- listened to input from communities, from schools, from business leaders as to the needs of those communities. And -- and this bill goes -- has -- takes a step in the right direction in trying to address those needs. The other thing that they identified -- and -- and they put together a program through Southern Illinois University to identify the jobs that would be created by a capital bill in the State of Illinois. Over five hundred thousand jobs will be created through this program and these are head-of-the-household type jobs. The money that will be generated from -- from the -- the work that takes place and from the job creation - billions of dollars in -- going to communities and also to the State of Illinois. This bill, as Senator Risinger just pointed out - you kind of took the words out of my mouth, Dale - it does not address all the needs of the State of Illinois. President Poshard and Speaker Hastert, you know, we know the greats -- they identified that the needs are much greater than what this bill does, but it is a step forward, a big step forward, and will go a long ways. The -- finally, I just want to say -- I 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 want to express my appreciation to Leader Watson on the other side of the aisle and many of his caucus members. Senator Risinger was at many of those meetings as well. I also want to point out my appreciation to Leader Cross over in the other Chamber. He -- he also had a great deal of input and there’s many, many people that tried to bring us to where we are here today and they -- our hat’s off to all of them. It’s not a perfect plan, but it’s a plan that’s going to start to address many of the needs of the State of Illinois. I ask for an Aye vote.

James A. DeLeo (D)

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

Dale A. Righter (R)

I am, Mr. President. Thank you. Will the sponsor yield briefly, please?

James A. DeLeo (D)

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

Dale A. Righter (R)

Thank you. Senator Trotter, and perhaps I misheard you, when you were going through the litany of items contained in the bill, I thought I also heard you say that it contained the -- the necessary bond authorization. Did you misspeak or did I mishear?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.

Donne E. Trotter (D)

I knew the lovefest couldn’t continue. I misspoke, sir.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. So, just to be clear, Senator Trotter, this bill does not contain the bond authorization. That is something that we plan to see a little bit later today, correct?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.

Donne E. Trotter (D)

That is absolutely correct. What I mentioned about it -- Senator Harmon will be presenting the bond authorization. What I was mentioning, specifically, that this bill cannot become law until that bond authorization bill is passed.

James A. DeLeo (D)

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

James T. Meeks (D)

Yes, sir, Mr. Chairman. I wanted to -- you’re the President - Mr. President. Thank you, Mr. President. You know, I know that after we pass this capital bill, a lot of people will give credit to Speaker Hastert and to President Poshard, and they’ve done a masterful job. They’ve done a wonderful job. But I don’t want the moment to pass without the record to reflect the marvelous job done by our President, President Emil Jones. Last year - two applause - last year we passed a spending plan for a capital bill. This year we pass a spending plan and a capital bill. I know that the gallery likes to write a lot of editorials and I know that all of those editorials have not gone in our President’s favor, but I think somebody ought to 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 write about his ability to work across the aisle. He goes across the aisle, he works and he gets the job done. And I think that he’s to be commended. He has shepherded through a capital bill. He has shepherded through a spending plan. And if it -- if it doesn’t -- if it does not pan out, it won’t be because President Emil Jones did not give it a hundred percent. And, Mr. President, I just want to commend you today for a job well done.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator, for those remarks. Senator John Jones, you seeking recognition, sir?

John O. Jones (R)

Thank you, Mr. President. To the bill.

James A. DeLeo (D)

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

John O. Jones (R)

Well, I -- I, too -- I do want to rise and thank a lot of people, because there’s been a lot of effort put into this for over a year now. As Senator Risinger said, you know, we haven’t had a capital bill since 1999, and our infrastructure is falling apart all over this State from one end to the other. And -- and this will be something that -- that starts the process and -- of recovering and -- and trying to fix those crumbing buildings and roads and schools around over the State of Illinois. But I would -- I would be remiss if -- if I didn’t personally thank my good friend, President of SIU, Glenn Poshard, and Speaker Hastert, but also President Jones and -- and our Leader Frank Watson and all the Members that’s worked on this. I know we’ve all had some input into it. You know, we -- we hope that this 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 isn’t stalled in the other Chamber. You know, there’s been -- been a lot of work done on this, not only by President Poshard and Speaker Hastert and the others, but there’s one more process to go through and we hope that we can get it done over there so it will become a reality and put people to work in the State of Illinois. The only way we’re going to recover from our economic woes in this State is to put people to work and this is the best way to do it right now, is with a capital bill. So I strongly support this bill and I -- I thank you, Senator Trotter, for all your work on it also. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Dillard, for what purpose you rise, sir?

Kirk W. Dillard (R)

Thank you, Mr. President. On a -- on a point of personal privilege and then also to the bill. Just on a point of personal privilege. I’m sorry and apologize. I was over at the press box - and you’re doing such an efficient job of moving this Chamber forward lickety-split - I missed the vote on House Bill 2651, which is a major part of how we pay for this bill. So I want the record to indicate that had I been paying attention and not been over at the press box, I would have voted Yes on House Bill 2651.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) The record will so reflect your intentions on House Bill 2651, sir.

Kirk W. Dillard (R)

Thank you. And to the bill: Like so many of the other speakers, I -- I really want to thank everybody involved. I 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 know Senator John Sullivan worked very hard. Without Senator Dale Risinger, many of us would be in the dark as to what’s in here and it sure is great to have a professional engineer in the -- in the Body. And, Dale, you did a -- a magnificent job. And Senator Meeks just heaped praise on the Senate President. But Senator Frank Watson has lived and breathed this bill with our staff day in and day out and I -- and I can’t thank Frank enough for what he’s done. So, just like I voted in favor of -- I want to vote in favor of the revenue -- you know, you got to vote in favor of the revenue if you’re going to spend the bill -- or spend the money. Nine years is way too long to go without an infrastructure bill. And this begins my -- my thirtieth year around the State Senate. I started as an intern in -- on this staff over here thirty years ago. I’m a young guy. I’m only fifty-three tomorrow, but I’ve been here for thirty years. And I guess if I have one bit of advice in the future to us all - and I just pray that this passes in the House of Representatives - it is we can’t wait nine years between capital bills. We used to do some form of infrastructure -- when Governor Thompson and Governor Edgar was around, we’d do a capital bill and a bonding bill virtually every year. And it’s like your house; you know, two years ago I painted my house, this year I’m going to re-roof my house, and you spread your capital expenses along so that it doesn’t get all pent up. And, you know, Senator Sullivan and Senator Watson and Senator Risinger will tell you how painful this has been. And one of the reasons, aside from the trust factor, is that we just wait too long to do these kinds of projects. You’ve got to do ‘em more often and then it’s not as painful to do. So, with my thanks to so many of you on both 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 sides of the aisle, I urge an Aye vote on this sorely, sorely needed piece of infrastructure legislation that’ll help our economy and move our State forward. Thank you, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Forby, for what purpose you rise, sir?

Gary Forby (D)

To the bill.

James A. DeLeo (D)

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

Gary Forby (D)

We talked a lot in here today about both sides of the aisle, Senator Watson and Senator -- President Jones, and it took a lot of hard work - and President Poshard and Hastert. But, you know, we’re forgetting some people today. I don’t care how good we are, how much we think we can do in here, there’s no way that we can get this done without the Republican staff and the Senate staff. I think they deserve a great big hand.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Forby, did that have anything to do with a pay raise for the staff or anything? Our last person seeking recognition to speak on House Bill 6339, Leader Watson.

Frank C. Watson (R)

Well, thank you. Doggone it, I was just going to mention the staff. Actually, that was very good, because we do forget them and -- and they do a lot of hard work and they are behind the scenes. And -- and we obviously appreciate them. As -- this is kind of a rerun of what we said - what was it? - last September, or whatever it was, we -- when we voted on the last 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 one. You know, I always think that -- good things come when people work together and I’ve -- I’ve believed that from the day I walked in the doors. And we’ve worked together. And as everybody has said, this is -- you know, this has been a bipartisan effort, a lot of people involved, and -- and that’s - - that’s wonderful. And I can’t say enough about Dale Risinger either. I mean, we had him down in the Governor’s Office. Then when they had -- when -- when they -- when the -- the Secretary of Transportation wasn’t there, Dale stepped up and knew what the issues were and -- and we’re able to -- to work through it and that’s important to have that kind of expertise. So, I’m very pleased to have someone of that caliber in my caucus and -- that helped negotiate this and worked with our Members on -- on their concerns. I -- I can’t also say enough about Denny Hastert and -- and Glenn Poshard. And as I’ve -- in my district and anybody that’s ever asked, I said when those two got involved, the credibility level went up considerably. Everybody certainly respects the -- the former Speaker of the House and -- and President of SIU University systems, and we respect them a great deal. And they got involved, and not only did they -- they got their hands dirty. They -- they -- they didn’t just show up and walk out for the cameras and make the presentations. They worked hard, especially Glenn Poshard. Denny had other obligations, but Glenn was on the ground right here in Springfield and -- and did a yeoman’s work of negotiating from office to office and individual to individual and -- and did a fabulous job - fabulous job. So, I can’t -- I can’t say enough about their -- their work. Obviously, we need is -- a comprehensive infrastructure program. We call it capital here 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 and sometimes the people out in the -- that we represent don’t understand when we say capital. Well, that’s where you work, isn’t it? No, a capital bill is what we need -- is an infrastructure piece of legislation that -- that is good for all of Illinois. And that’s an issue that has been important to -- to this caucus, is the -- is a distribution of the funds will be spent throughout this State, not just regionally or politically. The distribution will be fair. That’s something we’ve been very, very concerned about that’s -- that’s in the legislation. Also we -- we felt that there had to be something fiscally sound. Now we all know that -- that gambling and gaming is not necessarily a -- we’re not all enamored with that or support that as a means to finance State projects. But -- but gaming is here. It’s part of what we have in Illinois. And I’ve -- over the years has not been a great advocate of expansion of gaming, but I think, in this particular case, it was -- it was worthy. And -- and there’s other issues - obviously, the leasing of the Lottery. There’s some concerns there. But -- but basically I think that it is a fiscally sound piece of legislation. The geographic balance that I mentioned and the guarantees and the certainty, we always -- and we’ve said it, all of us have, the trust issue is a factor here. Assurances, that was something that -- common theme in my caucus was, how are we going to be assured and trust that this administration will live up to the obligations that they make. And -- and -- and obviously, that has been a -- a concern of ours. But we’ve put language in here, the limited bonding language, language that would enable us to meet regularly to talk about the issues, the memorandum of understanding. We feel that -- that maybe it isn’t everything 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 we could have got, but it is something that I think gives us the level of -- of certainty that they’ll be -- live up to our -- our -- our needs. So, I’m -- I’m all for this and I -- and I hope that the Speaker of the House will give this an opportunity to be heard on the Floor of the -- of the House. I -- I do -- I personally think it’s an obligation of the Speaker to let his Members and let every -- all hundred and eighteen Members of the Illinois House of Representatives to have input. So I’m hopeful and -- and feel comfortable that he will do that. I certainly will encourage him to. He knows how we all feel about capital, and I understand his concerns. I understand ‘em totally. So -- but sometimes we just got to lay our differences aside and do the right thing which is in the best interest of the people of this State - people as a whole - and that’s what this is about. So, I urge your support for this and appreciate all those who have been involved. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Leader Watson. Okay, Ladies and Gentlemen, at this time, Senator Trotter, to close, sir.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. Like the work on this bill, the heavy lifting has been done by all of you -- all of you guys. And by saying that, I cannot beat nor articulate any better than what has already been said. I ask for any Aye vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 6339 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 51 Ayes, 1 voting Nay, 4 voting Present. House Bill 6339, having received the required constitutional majority, is declared passed. Senator Jacobs, for what purpose you seek recognition, sir?

Mike Jacobs (D)

Point of personal privilege.

James A. DeLeo (D)

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

Mike Jacobs (D)

Mr. President, I would also like to thank the -- Secretary of State staff and the staff in our building for last night, protecting us. It was a very -- kind of an unnerving moment. And I’d be remiss, too, if I didn’t thank my friends in the snake pit. They have a tough job. Sometimes I like what they say. Sometimes I don’t. But they’re always here doing the people’s business. I just want to tip my hat to the folks in the press box.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Thank you for your remarks. Okay, Ladies and Gentlemen, can I have your attention, please? We’ll be going to Supplemental Calendar No. 1. Senate Calendar, Supplemental Calendar No. 1 has been printed and distributed. It should be on your desk. This is -- we’re going to the Secretary’s Desk, to the Order of Concurrences. Senator Hendon in the Chair.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Supplemental Calendar No. 1. Senate Bill 1869. Senator 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Cullerton. Madam Secretary, read the bill -- read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1869. Filed by Senator John Cullerton.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. I want to concur with the House amendment. It tightened up the requirement for the waiver of visiting professors to have to take the -- the test -- the general competency exam. These are visiting professors who come over here. And we passed a bill saying they didn’t need to take this test. The House -- all they did was just tighten it up a little bit and I agree with it. So, I move that we concur.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 1869. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1869. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 1920. Senator Cullerton. Madam Secretary, read the bill -- motion.

Deborah Shipley

67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 I move to concur with the House in their -- in their adoption of Amendment No. 1 to Senate Bill 1920. Filed by Senator John Cullerton.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. What the House did with this bill was to consolidate a number of our bills dealing with mass transit and put it on one bill. So, all of the bills that we passed, passed unanimously. This bill deals with free rides for the disabled and a cleanup of the RTA operations funding bill that we passed last year. I’ll be happy to answer any questions and ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Will the sponsor yield, please?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Righter.

Dale A. Righter (R)

Senator Cullerton, I know this -- this bill went through Executive Committee last night, on which I sat -- sit, and I -- I voted for it then. Since then, a couple questions have come to mind and I would ask you just to walk through very briefly. First, explain to me the language with regards to individuals with disabilities. My -- if my reading is correct, individuals with disabilities will receive free rides on public transportation as long as they fit within certain income parameters. Is that correct? 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Yes. People with disabilities get a -- half-price fares now on fixed route. What this does is to make them eligible for free rides if they are eligible for the Circuit Breaker program. That was the original Senate Bill 1920, sponsored by Senator Garrett, that -- that passed unanimously.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

…you -- thank you, Mr. President. But -- so, if this passes and becomes law, an individual who’s disabled would have to qualify -- or they’d be means-tested. But individuals who are sixty-five years of age or older will not be means-tested. Will that -- would that be an accurate statement of the law as it will exist if this becomes law?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Well, let’s -- let’s just make it clear that we’re not talking about paratransit. Paratransit are the people that are not on fixed routes. They’re the ones that, you know, have the services come to their house and take them. But if someone’s disabled and they get on a fixed route, that’s true. They -- they now have a half fare. Under this bill, they would have a full fare if they’re Circuit Breaker eligible. There is a difference the way we treat the seniors and -- and the disabled on fixed routes, you’re absolutely correct. It was, however - I 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 just want to make it clear, that you know - this was identical to the bill that we passed unanimously out of here - Senate Bill 1920.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

No -- and I -- and I appreciate that, Senator Cullerton, and -- and I’ll stand in support of the bill most certainly. The other issue that -- that has come to mind is the State match issue. It’s my understanding that there is a change in here that will -- if this wasn’t -- if this did not pass and become law, that there’s not going to be as much of a State match than what would be called for in this bill. Is that accurate?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Well, I can tell you this is -- all I can tell you about this is it’s -- it was really a technical error in the drafting of the bill that we passed, the -- the major RTA bill. And they -- the staff has told me that we -- it corrects the drafting error. It applies the five-percent State match for RTA funds to the replacement tax, which had inadvertently not been covered by the -- the bill that we passed. So, I don’t believe it -- it -- it’s inconsistent at all with what our intent was when we passed the original RTA bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Last question. Senator 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Cullerton, there’s a provision in here, it’s my understanding, that would eliminate that PACE meet the twelve-percent fare box recovery ratio for paratransit by 2009 and leaves it at ten percent. Can you explain why we’re doing that? Because -- I mean, that seems to be a permanent change, as opposed to just moving back the date by which they would meet that twelve percent. Thank you, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Senator Cullerton.

John J. Cullerton (D)

Was that a question? Yes. Currently, the paratransit riders must pay at least ten percent of the cost of operating paratransit services. That figure would increase to twelve percent in 2009. This bill does maintain that at ten percent, otherwise there would be a dramatic fare increase for paratransit riders. The RTA figured that that would -- they would not want to do that. They can absorb that cost of about two million dollars and it would allow for the paratransit riders to only pay ten percent of the -- of the cost.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.

Chris Lauzen (R)

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

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He will yield. Senator Lauzen.

Chris Lauzen (R)

Senator, are there any changes or enhancements to pension benefits under this bill?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Senator Cullerton.

John J. Cullerton (D)

Yes. I can’t determine -- I don’t know whether or not it’s an enhancement or it’s a -- I -- I can’t tell you whether the adjustment is -- would be viewed as an enhancement or not. It establishes -- you may recall that the original bill that we passed reduced the benefits of the CTA employees who were unionized - their retiree health care eligibility. What this has to do - it’s kind of complicated - it has to do with a window by which -- for people who have had at least twenty-five years of service, but less than fifty-five years of age. The bill that we passed changed the eligibility requirements for those retirees to fifty-five years of age and ten years of -- of continuous service, as opposed to twenty-five years. And as it was enacted, because of the delayed effective date, there was no opportunity for people to elect. So there was a lawsuit filed in the Circuit Court of Cook County and they opened a window through an injunction. So all this is doing is acknowledging that lawsuit, providing the short window for these people to make their election. I don’t believe it’s an enhancement of it; I think it just allows people to -- to elect a certain…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is final action. Senator Cullerton, to close.

John J. Cullerton (D)

Ask for an Aye vote. It’s a very important bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 1920. All those in favor will vote Aye. Opposed will vote No. The voting is open. Have all voted 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 1 voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 1920. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 1929. Senator Noland. Senator Noland. 1929. Out of the record. Senate Bill 2012. Senator Delgado. Madam Secretary, read the bill.

Deborah Shipley

I move to concur…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Oh! Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2012. Filed by Senator William Delgado.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.

William Delgado (D)

Thank you, Mr. President, Members of the Senate. Senate Bill 2012 -- as passed by the Senate, Senate Bill 2012 establishes an eighteen-member task force on chronic disease prevention and health promotion to examine and make recommendations concerning the structure of the chronic disease prevention and health promotion system in Illinois to the Governor and General Assembly. DPH has jurisdiction over the task force. And I would ask for your Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 action. The question is, does the Senate concur on House Amendment No. 1 to Senate Bill 2012. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The Senate concurs on House Amendments {sic} No. 1 to Senate Bill 2012. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2080. Senator Cullerton. Madam Secretary, read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2080. Filed by Senator John Cullerton.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Yes. Thank you, Mr. President, Members of the Senate. This is truly a technical amendment that the House put on. The bill is an initiative of the Uniform Law Commissioners dealing with the Uniform Commercial Code. And their amendment simply alters the reference from Act -- Act to Article. So it’s not controversial, and moves for -- that we recommend to concur with the House Amendment No. 1.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2080. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 2080. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2135. My good friend, Senator Millner. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2135. Filed by Senator John Millner.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.

John J. Millner (R)

Thank you, Mr. President, my friend. This House Amendment No. 1 amends the current aiding escape offense to add persons charged with or adjudicated delinquent for the same reason as the charge in the escape offense. I ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? This is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2135. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. The Senate concurs on House Amendments {sic} No. 1 to Senate Bill 2135. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2292. Senator Maloney. Madam Secretary, please read the 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 gentleman’s motion.

Deborah Shipley

I move to concur with the House in their -- in the adoption of their Amendment No. 1 to Senate Bill 2292. Filed by Senator Ed Maloney.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.

Edward D. Maloney (D)

Thank you, Mr. President. Senate Bill 2292 retains the original version that we sent over to the House on a unanimous vote of 54 to nothing that changes provisions and continuances regarding employees for the Metropolitan Water Reclamation District. The other provisions that the amendment does, it amends the Pension Code, adds two people to the retirement board. There’s no money involved. The trustees are unpaid. Changes the titles of certain departments, modernizes them - for example, from the general superintendent to the executive director. And there is a small annexation into the district of parcels of land from the villages of Matteson and Olympia Fields in the south suburbs. Be happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2292. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 2292. And the 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 bill, having received the required constitutional majority, is declared passed. Senate Bill 2302. Senator Bomke. Madam Secretary, please read the gentleman’s motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2302. Filed by Senator Larry Bomke.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Bomke.

Larry K. Bomke (R)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The -- the amendment alters the service members to be honored by a memorial to include those who have earned any of the following: the Southwest Asia Service Medal, the Afghanistan Campaign Medal for service in Operation Enduring Freedom, the Iraqi Campaign Medal for service in Operation Iraqi Freedom, or Global War on Terrorism Expeditionary Medal for services in either Operation Enduring Freedom or Operation Iraqi Freedom.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2302. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 2302. And the bill, having received the required constitutional 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 majority, is declared passed. Senate Bill 2327. Senator Cullerton. Madam Secretary, please read the gentleman’s motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2327. Filed by Senator John Cullerton.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cullerton.

John J. Cullerton (D)

Yes. Thank you, Mr. President, Members of the Senate. The House corrected just a -- again, another technical error in a Senate bill as we passed it. The underlying bill just calls for CMS to do a study of the -- the -- the State’s current use of certain types of computers. And the definition was wrong. Instead of saying fifty million, it was supposed to say fifteen. So that’s all they corrected. I know of no opposition and please ask you to concur with the House amendment.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2327. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendment No. 1 to Senate Bill 2327. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2338. Senator Link. Madam Secretary, please read the gentleman’s bill. 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2338. Filed by Senator Terry Link.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

Thank you, Mr. President. This amendment just -- amends the definition of financial institutions in the Illinois Banking Act to include savings banks. I know of no opposition. Be more than happy to answer any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2338. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 2338. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2399. Senator Link. Madam Secretary, please read the gentleman’s motion.

Deborah Shipley

I move to concur with the House in the -- in the adoption of their Amendment No. 1 to Senate Bill 2399. Filed by Senator Terry Link.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link. 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Terry Link (D)

Thank you, Mr. President. This is -- makes certain reenactment of the federal Genetic Information Nondiscrimination Act of 2008. It’s similar to a bill that we just passed out of the Senate. I’ll be more than happy to answer any questions on it.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2399. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 2399. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2482. Senator Lightford. Madam Secretary, please read the lady’s bill. 2482. Madam Secretary, read the lady’s motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 2482. Filed by Senator Kimberly Lightford.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.

Kimberly A. Lightford (D)

Mr. President. Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2482, Amendment 1 was a technical change. Amendment No. 2 became the bill. It actually 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 allows the Illinois Math and Science Academy to develop additional campuses throughout the State and the superintendent of the district where each campus is located is added to the board for IMSA. And it inserts the text of House Bill 4471, which passed the House 115 to zero, requiring every child enrolled in elementary or secondary schools or day care facilities, rather than every child upon enrollment, to provide a certified copy of a birth certificate, which the school must copy for its records and return. I’d be happy to answer questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments No. 1 and No. 2 to Senate Bill 2482. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 and No. 2 to Senate Bill 2482. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2489. Senator Kotowski. Madam Secretary, read the gentleman’s bill.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2489. Filed by Senator -- Dan Kotowski.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.

Dan Kotowski (D)

81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Thank you, Mr. President. And thank you for finally pronouncing my name correctly. Wow. That’s it? That’s all I got? Wow. Sorry. Thank you, Mr. Chairman. All right, pull it out of the -- just kidding. House Amendment No. 1 mandates that a claim be made within two years of the date of the death of the Armed Forces member killed in the line of duty. Just wanted to emphasize the point that this focuses on Armed Forces members, the expansion. I would encourage an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2489. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 2489 for Senator Kotowski. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2512. Senator Link. Madam Secretary, please read the gentleman’s motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2512. Filed by Senator Terry Link.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link.

Terry Link (D)

Thank you, Mr. President. This just requires that schools 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 and districts incorporate a curriculum to compound -- Internet safety to be taught once a year in each -- to each student in the grades three and above.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2512. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting - - 55 voting Aye, 1 voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 2512. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2677. Senator Crotty. Madam Secretary, please read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 3 to Senate Bill 2677. Filed by Senator Maggie Crotty.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.

M. Maggie Crotty (D)

Thank you very much. Amendment No. 3 now becomes the bill. It does reinsert the original provisions of the bill that was passed out of the Senate. That amended the Illinois Municipal Code regarding annexation by providing that when an unincorporated territory containing sixty acres or less is annexed by any adjacent municipality, that the public shall be informed of the annexation through an announcement or in the 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 newspaper at least ten days ahead of the time that -- that it would -- other -- ten days ahead of time and other notification requirements. Also added were changes to the Municipal Code in -- regarding the demolition, repair, enclosure or remediation of dangerous or unsafe buildings. And finally, it allows the board of fire and police commissioners to waive portions of required examinations for applicants who have previously served as a full-time sworn officer of a municipal fire or police department in Illinois.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? This is final action. The question is, shall the Senate concur in House Amendment No. 3 to Senate Bill 2677. All those in favor, vote Aye. Opposed, vote No. 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 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 3 to Senate Bill 2677. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2857. Senator Schoenberg. Madam Secretary, please read the gentleman’s bill -- gentleman’s motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 2857. Filed by Senator Jeff Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Madam President, Ladies and Gentlemen of the 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Senate.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Mr. President. Thank you, Mr. President. Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendments No. 2 -- 1 and 2 represent the next hospital assessment plan that we will submit to the federal government for its approval upon its becoming law in here -- here in Illinois. This critical infusion of federal dollars will help hospitals and other health care providers ensure that we have accessible and affordable quality health care in hospitals throughout the State. I think it’s fair to say that without these resources that hospitals serving residents of predominately lower and lower-middle income communities in Chicago, it’s suburban areas, and throughout downstate would be threatened with either closing their doors or severely reducing their services. There are a couple of major distinctions between the current -- three-year hospital assessment plan that we’re -- that will expire at the end of this year, a plan which has been responsible for 1.8 billion dollars in new federal funds to hospitals throughout the State and other health care providers, and the plan that’s in this proposal. The first is, this is a five-year plan we’re going to be seeking approval from the federal government for. The second major distinction is that the hospitals in the State will be getting a total of six hundred and forty million dollars -- over six hundred and forty million dollars a year for each of those five years versus the current plan where those -- where hospitals are getting four 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 hundred and sixty-five million dollars a year. The additional hundred and thirty million dollars a year - under the current plan, that can only go for health care and which cannot be spent on roads, bridges or Jack Benny statues. Here, too, in the current -- in the proposed plan, that hundred and thirty million dollars can only be spent on health care, and when it converts to the State’s share of an -- additional federal funds, it becomes two hundred and sixty million dollars. So, in short, this proposal’s worth 4.5 billion dollars. Now, there are a couple other key points that need to be made. One is, there are stricter provisions in this plan on rulemaking authority which expressly limit any rulemaking authority that the department has to changes that are required by the federal government in order for us to get the money. And in addition, I wanted to point out, for the purposes of legislative intent, that it’s the intention of this legislation, regarding the new Illinois hospital assessment plan for Fiscal Year ’09 through Fiscal Year ’13, that this plan, as well as all future plans, shall be considered by the Department of Healthcare and Family Services as a single State agency and reviewed with consideration given to the best interests of -- of the State of Illinois. Finally, in addition, I want to point out that with this legislation and the reimbursement that’s generated for the State, that the assessment program will also protect all hospital payments and the patients they serve from any cuts or freezes or reductions of service and that includes important payments that are not related to this, such as disproportionate share payments, CHAP payments, the Excellence in Academic Medicine payments that hospitals throughout the State have been receiving, and 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 outliers. That’s a rough summary of this new plan. It’s a better plan. It’s bigger. It’s more redistributive and our entire congressional delegation has already jumped into action to move towards federal approval. With that, I open up to any questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Pankau.

Carole Pankau (R)

Thank you, Mr. President. Senator, you went through the two major issues in here - the redistribution formula and also the rulemaking authority. Is there any way, anyhow, by any means whatsoever, that that rulemaking authority could be used by this administration or any future administration to expand Medicaid coverage to get around the wishes of the General Assembly and JCAR?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

No, Senator Pankau. The rulemaking authority in this plan is very narrowly and exclusively tailored to -- so that the State can adapt the technical provisions of this plan in direct response to the federal Centers for Medicare and Medicaid Services’ requests in order to make this compliant and for us to receive approval.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.

Carole Pankau (R)

Thank you. To the bill: I urge an Aye vote on this concurrence. This is a program that is really badly needed by 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 our hospitals. Some are going to be winners, some are going to be losers, but in all, the whole State is going to benefit. I urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you. Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. To the bill: The hospitals that are in my district, all three of ‘em, are pretty major losers under this proposal. But nonetheless, back when I was Governor Edgar’s Chief of Staff, we came up with the hospital assessment type of plan and it’s vitally needed for Illinois. It works well. Senator Schoenberg has done yeoman’s work year after year after year on this. And the Present vote around here has come under increased scrutiny because of someone who once sat in this Chamber. So while I support this concept - and this is a great bill - my three hospitals are losers, although two of ‘em are part of a system where the system may come out ahead. One of ‘em is just a blank loser. But because I’m a net exporter -- I don’t want anybody to think that I don’t like this bill or -- or this particular concept, ‘cause I do. It works well. Just happens that my system -- or my district loses. And I’m going to vote Present, Mr. President. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.

J. Bradley Burzynski (R)

Thank you, Mr. President. Will the sponsor yield for some questions?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Burzynski. 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

J. Bradley Burzynski (R)

Thank you. Senator Schoenberg, for the purposes of legislative intent and to clarify some of the rulemaking process. And we’ve seen the Department of Healthcare and Family Services, just ten days ago, try and do an end run in JCAR with some preemptory rulemaking, so this is just for the purposes of legislation intent. Do any of the rulemaking provisions contained in this legislation allow the Department of Healthcare and Family Services to expand eligibility to State subsidized health care programs?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

No.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.

J. Bradley Burzynski (R)

Can any of the rulemaking provisions contained in this legislation be construed by the Department of Healthcare and Family Services as granting them the authority to expand the eligibility standards for State subsidized health care programs?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

As I responded earlier to Senator Pankau’s inquiry, the answer is no. This is exclusively to be able to respond to technical changes that the federal government would require us to make in order to have our plan approved.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Senator Burzynski.

J. Bradley Burzynski (R)

Thank you, Senator. Is it the intention of you or can it be construed by the Department of Healthcare and Family Services that the eighty million dollars in funding apportioned to the General Revenue Fund be used to expand the eligibility standards of State subsidized health care programs?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

The distribution formula for the one hundred and thirty million dollars, which includes twenty million dollar -- twenty million dollars for mental health and developmental disabilities, thirty million dollars for long-term care and eighty million dollars going into the General Fund that’s matchable for existing health care commitments, that formula exists now and it would be retained in the current -- in the proposed plan.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Seeing no further discussion -- oh, I’m sorry. Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President, for your indulgence. I just want to commend the sponsor. Senator Schoenberg, like many of us here, likes to spend money, spending money on the people to make our -- our State stronger, but he has - continuously through the years - has been very creative in bringing money to this State. He has done it not only with the hospital assessment, but with other plans, with the Lottery, of -- of how 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 to maximize our dollars to make our State stronger and -- and more healthier. So, Senator, thank you so very much.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Can’t get any better close than that, but Senator Schoenberg, to close.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I want to make a couple of acknowledgements since, hopefully, this is -- five-year plan is going to be approved in its entirety. The first is, I wish to acknowledge the wonderful leadership that was shown by the House Majority Leader Barbara Flynn Currie. She and I traveled through a rather narrow sniper-free corridor in negotiating this bill and I think her leadership merits recognition. I’d also like to express my appreciation to Director Maram and his senior staff at the Department of Healthcare and Family Services for their role, as well as to acknowledge the contributions of the Illinois Hospital Association, the Academic Medical Centers throughout the State, and last, but certainly not least, those safety-net hospitals which serve the most vulnerable populations throughout our State. With that, I ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is final action. Question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 2857. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, 1 voting Present. The Senate concurs in House Amendments No. 1 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 and No. 2 to Senate Bill 2857. And the bill, having received the required constitutional majority, is declared passed. Senate Bill 2883. Senator Schoenberg. 2883, Senator Schoenberg. Madam Secretary, please read the gentleman’s motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2883. Filed by Senator Jeff Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I urge that we concur in Amendment No. -- House Amendment No. 1 to Senate Bill 2883. House Amendment No. 1 reduces in half the net -- the -- what had been the earlier increase in the bond authorization limit for the Illinois Finance Authority. Based on prior discussion of this legislation, we’re well acquainted with all the needs that would be met. And I urge…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Althoff.

Pamela J. Althoff (R)

…you -- thank you, Mr. President. To the bill: Senator Schoenberg, I think you’ll remember, in committee Republican side actually addressed two major concerns they had with this legislation, one of ‘em being the amount of the authorization, which the House amendment reduced by fifty percent, which we think is an excellent move, and number two, we discussed also 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 some of the concerns we had with transparency in going forward with many of these projects. You’ve made an offer to work with me over the summer to try and address those, specifically with making sure that we know what the terms of the loans are, what the repayment schedule is, and ensuring that, as these projects go forward, we are receiving all of our revenues. So I really look forward to working with you on this and I think this is excellent legislation and would urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Seeing no further discussion, Senator Schoenberg, to close.

Jeffrey M. Schoenberg (D)

I urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments {sic} No. 1 to Senate Bill 2883. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, 1 voting Nay and 1 voting Present. The Senate concurs in House Amendments {sic} No. 1 to Senate Bill 2883. And the bill, having received the required constitutional majority, is declared passed. With leave of the -- with leave of the Body, we’re going to go to Senate Bill 1929. Senator -- Senator Noland. Madam Secretary, read the gentleman’s motion. Read the gentleman’s motions.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 3 to Senate Bill 1929. Filed by Senator Michael Noland. 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 And a second motion: I move to nonconcur with the House in the adoption of their Amendments 1 and 4 to Senate Bill 1929. Filed by Senator Michael Noland.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.

Michael Noland (D)

Thank you, Mr. President. Senate Bill 1929 is an administrative cleanup to the expansion of the grandfather position {sic} of -- for the electrology practice Act that was passed last year. It was -- what happened last year was an unintended consequence in the passage of some carnival legislation which was -- like I say, it passed last year. Language was inserted in the drafting process by LRB that only allowed the criminal background checks to be done only consistent with the Illinois Uniform Conviction Information Act. Now, this bill amends the Carnival and Rides Safety Amusement Act {sic} to address logistical problems carnival owners are having in doing the required background checks on employees by allowing both professional background screeners to perform the checks as well as State Police. I know of no opposition and urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall the Senate concur in Amendments {sic} No. 3 to Senate Bill 1929. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 3 to Senate Bill 1929. And the bill, having received the required constitutional majority, is declared passed {sic}. Now on the Order of Nonconcurrence, Senator Noland now moves to nonconcur in Senate Amendments No. 1 and 4 to Senate Bill 1929. Madam Secretary, read the gentleman’s… Senator Noland, to the bill, sir -- to the motion.

Michael Noland (D)

Thank you, Mr. President. I am confirming that I am asking for a -- a nonconcur by this Body to simply -- to remove the -- the Speaker’s anti-rulemaking language.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the motion carries. The Senate -- the Secretary shall so inform the House. We will now -- please turn your Calendar to page 12 of your regular Calendar. It’s House Bill 4723. 4723, Senator Harmon. Senator Harmon seeks leave of the Body to return House Bill 4723 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 4723. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 1, offered by Senator Harmon.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 to House Bill 4723 becomes the 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 bill. It’s an amendment to the General Obligation Bond Act to provide additional authorization for bonds consistent with the capital plan. I’d move for its adoption and debate the bill on 3rd Reading.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Harmon moves adoption of Amendment No. 1 to House Bill 4723. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 2, offered by Senator Harmon.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 2 is a -- a technical amendment to -- refining some of the drafting issues. I’m not aware of any concerns with it. I’d move for its adoption.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Harmon moves adoption of Amendment No. 2 to House Bill 4723. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 3, offered by Senator Harmon.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, on Amendment No. 3. 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The third amendment is the amendment we’ve seen on other bills today, providing for effectiveness only if the package becomes law. I’d move for its adoption.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, Senator Harmon moves adoption of Amendment No. 3 to House Bill 4723. All those in favor, say Aye. Opposed, say Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4723. Madam Secretary, read the bill.

Deborah Shipley

House Bill 4723. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. As I said in adopting Amendment No. 1, the bill amends the General Obligation Bond Act to raise the bonding authority in various subcategories commensurate with the overall capital plan. I’d -- I’d ask for your Aye votes.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Is there any discussion? Seeing none, the question is, shall House Bill 4723 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 voting Aye, 4 voting Nay, 1 voting Present. House Bill 4723, having received the required constitutional majority, is declared passed. Appropriations II will meet immediately in Room 212. Appropriations II will meet immediately in Room 212. And Education Committee will meet at -- 4:25 in Room 400. Approp II will meet immediately. Approp II will meet immediately in Room 212. And Education will meet at 4:25 in Room -- in Room 400. Senate will stand in recess to the call of the Chair. We will return to the Floor for significant Senate action. Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Will all Members under the sound of my voice please come to the Senate Floor? Would all Members under the sound of my voice please come to the Senate Floor? If you do that, you can get out of here with some daylight. Will all Members under the sound of my voice please come to the Senate Floor? We’re about to go to substantial, significant Senate action. Madam Secretary, Committee Reports. Madam Secretary, Messages.

Deborah Shipley

A Message from the House by Mr. Mahoney, Clerk. 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 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 1102, 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 Amendments 1 and 2 to Senate Bill 1102. Passed the House, as amended, May 31st, 2008. Mark Mahoney, Clerk of the House.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Committee Reports.

Deborah Shipley

Senator Schoenberg, Chairperson of the Committee on Appropriations II, reports Senate Amendment No. 2 to House Bill 5701 recommend Do Adopt. And Senator Lightford, Chairperson of the Committee on Education, reports Senate Amendment No. 1 to House Bill 4374 recommend Do Adopt.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Rules Committee will meet immediately in the President’s Anteroom. Would the members of the Rules Committee please come to the President’s Anteroom immediately? The Rules Committee will meet in the President’s Anteroom immediately. Senator Clayborne in the Chair. The Rules Committee will meet immediately in the President’s Anteroom. Could all the members of the Rules Committee please come to the President’s Anteroom? Senator Clayborne in the Chair.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hendon in the Chair. 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, President Clayborne. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Hendon, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - a Motion -- a Motion to Concur with House Amendments 1 and 2 to Senate Bill 1102, House Joint Resolution 84 and House Joint Resolution 108. Senator Rickey Hendon, Chairman. May 31st, 2008.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger, for what purpose do you seek recognition, sir?

Dale E. Risinger (R)

Thank -- thank you, Mr. President. The Republicans would like to have a thirty-minute caucus immediately in Leader Watson’s Office.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Republicans will caucus in Leader Watson’s Office until 5:30. 5:30. Republican Caucus. The Senate -- the Senate stands in recess until 5:30. That’s twenty-five minutes. Thank you. To the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Would all Members under the sound of my voice please come to the Senate Floor? Would all Members under the sound of my voice please come to the Senate 100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Floor? Will all administrative assistants throughout the building please instruct your Senator that we are back in Session and send them to the Senate Floor? Will all Members under the sound of my voice please come to the Senate Floor? We’re about to go to substantial Senate action. Will all Members of the Senate please come to the Senate Chamber? We’re about to go to substantial Senate action and get you on your merry way to see your family. We’re going to be going to House Bills 3rd Reading. House Bills 3rd Reading, page 11. And this will probably be your last opportunity to pass or move or have your legislation fail, whichever happens. Now on the Order of 3rd Reading is House Bill 4374. Senator Martinez. 4374. Will all Members under the sound of my voice please come to the Senate Floor? Turn your Calendar to page 11. We’re going to House Bills 3rd Reading. With leave of the Body, we’re going to go to House Bill 4374. That’s 4374. 4374. Senator Lightford. Madam Secretary… Senator Lightford seeks leave of the Body to return House Bill 4374 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 4374. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 1, offered by Senator Lightford.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Mr. President. Ladies and Gentlemen of the Senate, this is our education BIMP legislation that changes the School Code to correspond for our FY’09 budget. The foundation 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 level is increased by two hundred and twenty-five dollars per pupil. That would bring our students to five thousand nine hundred fifty-nine dollars each. Transitional assistance is updated to ensure that districts receive no less, no less - which is really important and something I know that we all really worked hard for here to keep our schools growing and not maintaining and staying stagnate - so they would receive no less than what they received in FY’08. The phase-out dates for poverty grants are moved up a year so that districts receive the full payment. And then there’s a second component to this legislation that addressed with -- that dealt with school recess. It was agreed upon by CPS who originally opposed it due to some schools perhaps not having adequate space. But this bill would exempt that opportunity if principals requested that exemption. And I’ll be happy to answer questions.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion on the amendment? Senator Luechtefeld, on the amendment? Senator Luechtefeld. We’ll wait to 3rd Reading. Seeing none, Senator Lightford moves adoption of Amendment No. 1 to House Bill 4374. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any other Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4374. Madam Secretary, read the bill.

Deborah Shipley

102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 House Bill 4374. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.

Kimberly A. Lightford (D)

Mr. President, Ladies and Gentlemen of the Senate, I ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Luechtefeld.

David Luechtefeld (R)

Thank you, Mr. President, Members of the Senate. Just to let the people on this side of the aisle know, this passed unanimously out of the Education Committee. Obviously, there are things we -- other things all of us would maybe like to do in financing education. But under the circumstances, this is probably as good as we can do. So, I would advise an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, Senator Lightford, to close.

Kimberly A. Lightford (D)

Thank you, Mr. President. Just wanted the Body to know that we all seem to care about education. And I’m really grateful for the President for extending a little further than the original thought of just protecting hold harmless, but he’s gone a step further in making sure we fund our categoricals at a hundred percent, making sure that our general State aid was in fact held hold harmless. We have fast gross -- fast growth, excuse me, grants and ADA block grant payments to protect as 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 well. And I urge an Aye vote. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 4374 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 4374, having -- received the required constitutional majority, is declared passed. House Bill 5215. Senator Trotter. Madam Secretary -- Senator Trotter seeks leave of the Body… Senator Trotter seeks leave of the Body to return House Bill 2515 to the Order of 2nd Reading for the purpose of -- 5215 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate -- House Bill 5215. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 2, offered by Senator Trotter.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. Floor Amendment No. 2 to House Bill 5215, we have all seen before. This is the twenty million dollars that goes to the Road Fund to assist IDOT in covering its expenses associated with the bad winter that we had this year. It is broken out in extra help category, retirement and social security, contractual services, commodities, and operations of auto equipment.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Is there any discussion? Seeing none, Senator Trotter moves adoption of Amendment No. 2 to House Bill 5215. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 3, offered by Senator Trotter.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, on Amendment 3.

Donne E. Trotter (D)

Thank you very much, Mr. President. Floor Amendment No. 3 to House Bill 5215 fulfills obligations of the FY’08 agreed upon in House Bill 656, which increases the appropriation amount awarded to downstate operating assistant {sic} (assistance) grants for operational expenditures from the public -- Downstate Public Transportation Fund by 9.2 million. Further, it -- currently in that appropriation is one hundred and ninety-three billion dollars in other State funds -- million dollars from other State funds -- from the Public Transportation Fund for IDOT for those purposes stated in Section 4.9 {sic} (4.09) of the Regional Transportation Authority Act, as amended. And that appropriation was passed before the transfer reform bill was adopted. This corrects that and updates that appropriation to two hundred and five million dollars in other State funds. And those are the two things that it does.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, Senator Trotter moves adoption of Amendment No. 3 to House Bill 5215. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the 105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5215. Madam Secretary, read the bill.

Deborah Shipley

House Bill 5215. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President. I’ve just explained what the two amendments did which became the bill. And if there’s any questions, I will attempt to answer ‘em.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill -- I’m sorry. Leader Watson.

Frank C. Watson (R)

Just a quick question. How much money is in this budget for weed eaters, Senator Trotter?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) For what, sir?

Frank C. Watson (R)

Weed eaters. We -- we know what those are down south, but I’m just -- weed eaters. How -- how much is in here?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Senator Trotter, how much is in the budget for weed eaters?

Donne E. Trotter (D)

You know, it’s -- it’s been a long time since I’ve been back to Cairo. You’re going to have to bring me up to date on what a weed eater is.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Leader Watson.

Frank C. Watson (R)

I got to tell you what happened. We -- we’ve got grass growing everywhere and -- and all along the highways, interchanges, everywhere. People calling our office saying it’s dangerous out there. You pull up to a stop. You can’t see to the left, can’t see to the right. Grass growing everywhere. So what we do, we call the Department of Transportation, we identify the -- the intersection. You need to go out there. Get a mower out there and take care of it. So they call the -- the district office and the district office says “Take your weed eaters out there and get -- clean up this.” Well, in Bond County, my home county, one weed eater, and in Fayette County next to me, two weed eaters. So, we’re needing weed eaters bad downstate and hope -- I’m disappointed that there’s none in this budget.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) I could crack a joke about that, but Mike Flannery from CBS News seeks leave to video and, Lord knows, I don’t want to see that tape lead on us. Leave granted? Leave is granted. There being nothing further, the question is, shall House Bill 5215 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all 107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 1 voting Nay, none voting Present. House Bill 5215, having received the required constitutional majority, is declared passed. House Bill 5701. Senator Trotter. Senator Trotter seeks leave to return House Bill 5701 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5701. Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Floor Amendment No. 2, offered by Senator Trotter.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. This is the spending bill in this year’s ’09 budget and it represents 27.2 billion dollars. It covers education, the MAP grants which are in education. It raises K through 12 education by five hundred and fifteen million dollars. Fully funds mandated categoricals. Early childhood education will get a total amount of 380.3 million dollars. Bilingual education gets an increase. The one hundred and forty-eight -- million dollars for school construction is in this bill. Human Services - the Community Care for workers in Aging will receive an increase of -- increase of four hundred and forty-seven million dollars of all funds. The budget includes a five hundred ninety-two million dollars increase for Medicaid. There’s dollars in here for State Employees’ Retirement Fund, receiving six hundred and twenty-three million dollars. TRS receives 1.2 billion, which 108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 is an increase of one hundred and fifty-three million. The Judges’ Retirement Fund receives fifty-two million. There are more dollars in here for environment and public health. And we’ve heard basically the bill before. This bill represents roughly four hundred million dollars more than what we passed out of here just a couple days ago, which is 1.7 billion dollars.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion on the amendment? Seeing none, Senator Trotter moves adoption of Amendment No. 2 to House Bill 5701. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 5701. Madam Secretary, read the bill.

Deborah Shipley

House Bill 5701. (Secretary reads title of bill) 3rd Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.

Donne E. Trotter (D)

I had explained the bill as -- when I explained the amendment. If there’s any questions, I will answer them.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Maloney. 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Edward D. Maloney (D)

Thank you, Mr. President. Not a question, but just to the bill: I would, first of all, like to thank President Jones and Senator Trotter for allowing me to participate in the negotiations of the higher ed portion of this -- this budget. I think -- the -- the cooperation was great. I think -- also like the Members -- thank the members of the Senate Higher Education Committee, who I think this year sent the message everywhere we went that higher ed should no longer be ignored in this budget. There’s a task force that many of us were aware of this year. A task force called the Public Agenda for College and Career Success that urged the State to address six different issues. Two of them are very, very closely linked: the elimination of racial and ethnic disparities at the college level, educational attainment and the affordability issue. This 2.8 percent coupled with the eighteen million dollars in MAP fund will address both those issues. In discussion last night with President Poshard in the Appropriations Committee, he felt that these two -- these two elements of this budget in and of itself may stem the tide of these double-digit tuition rate increases. So, again, I’d like to thank all who participated in this process and especially thank the members of the Senate Higher Education Committee. I urge an Aye vote. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Radogno.

Christine Radogno (R)

Thank you, Mr. President. I’d like to speak to the bill, please. There’s a lot of good things in this bill. There’s no question about that. As Senator Trotter mentioned, there’s 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 increased funding for education, for health care, for a lot of good things, and so it’s very tempting to want to vote for this, because you can go home and say I supported all these great increases. But the problem is that the long-term success of the State - and that’s the success of education, health care, transportation, public safety, all the things that are really, really, really important to us - depend on having a sound financial basis in the State. The problem is, this budget doesn’t provide it. And, unfortunately, the last several years’ haven’t done that either. This budget -- will be an increase of 2.7 billion dollars, and I say 2.7, whereas Senator Trotter may have said 2.2, because the pensions are underfunded in this bill. The pension bond payment that -- plan that passed out of here probably will not pass in the House, which means the automatic appropriation is going to kick in, so there’s going to be another five hundred million dollars that will be required to be appropriated into the pension system. That’s a nine-percent spending increase this year alone. When you look back for the last few years - in ’06, we only had a two-percent increase. But guess what? That year we took a complete pension holiday which we have been paying for since. We haven’t gotten that situation back on track. In ’07, it was a 6.5-percent increase. In ’08, it was a 6.1-percent increase. That was last year and we said that’s great and the -- the Governor can manage. Well, guess what? He didn’t manage. That’s why we have a seven- hundred-and-fifty-million-dollar hole going forward. This year I heard the Senate Democrats admit, and -- and everyone knows, this budget’s out of balance as well, by probably a couple of billion dollars. And we’re saying, well, the Governor can 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 manage that. The likelihood of that happening is very, very slim and that’s based on past history. So the question that -- that we have to ask ourselves -- and what -- what I don’t want to have happen is someone come back to me and say, “well, you voted for all this spending that goes far beyond the revenues that we have available, so now you need to support a tax increase.” That’s not the way to do business. We need to get a handle on the spending first, not get backed into a corner. And anyone who votes for this budget is setting themselves up to say, “well, now you have to vote for a tax increase.” Very tempting to vote for this, but please think long term about getting this State back in financial order. That’s what we really need to be focused on. So despite all the good stuff in here, I have to vote No and I hope others will because it is so out of balance and will do so much harm long term.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.

Bill Brady (R)

Thank you, Mr. President. To the -- to the bill: Senator Trotter, let me echo Senator Radogno’s comments. There’s a lot of good things in this piece of legislation that a lot of us would feel good about and like to do. But there’s also the problem that we have to pay for it. You know, I think we -- to some perspective need to recap. You know, we started this legislative Session with a budget that we all knew was over seven hundred and fifty million dollars out of balance last year. But we passed it because we couldn’t get the second floor to cooperate with us. And we hoped that the second floor would work within the constraints of that budget and balance it, but 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 they didn’t. In fact, when we came down here, the Comptroller, a Democratic Comptroller, informed us that he had over 1.7 billion dollars in bills that he could not pay. We also know that that’s a fraction, probably, of the total unfunded obligations that we had. What’d we do after that? Well, next, you decided last week that we ought to try to borrow sixteen billion dollars for our pension obligation bonds to avoid a five-hundred-million-dollar payment. And then after that, we decided we ought to sweep five hundred million dollars from private business funds collected to -- to fund the agencies that support those businesses throughout this State. After that, we decided today we ought to try to sell the Lottery, one of our State assets, to fund those problems, to raise somewhere between eight and twelve billion dollars. And then, today, a capital bill that borrowed in its first phase nearly three billion, but its full implementation another eight billion dollars. And today what are we finally doing? We haven’t done a thing to pay back the bills that we have left unfunded from last year. We all want to get out of here. We don’t want to spend the summer here again. That’s a good thing. But we have an obligation to the people of Illinois. We all know that this budget, as it likely will pass and move over to the House and pass and go to the Governor, will be somewhere between 2.5 and 2.7 billion dollars in the red. That’s real money. Now many of us, me in particular, don’t want to support a tax increase, ‘cause I don’t think our State can afford it. In fact, I’ve argued we need to reduce the tax and fee burden on businesses to do what we really need to do to raise State revenues and that’s bring jobs back to Illinois. But let’s face it, when we spend -- 2.7 billion 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 dollars more than we have, we may not be directly increasing taxes on Illinois citizens, but we are increasing taxes because those deficits are an unfunded hidden tax. We can’t stand for that any longer. Illinois is bankrupt. We need responsible leadership in this State. We tried relying on the Governor last year to balance the budget within the means that we gave him and he failed to do so. We know that because our nursing homes and our hospitals and our pharmacists have told us they haven’t received payment. This budget further extends that problem. This isn’t something we should be supporting. You know, we’ve got three colored lights here. You vote green and you’re just voting to spend more money and hide taxes on the Illinois citizens. I’d recommend a red vote, symbolic of the red ink that we’ve put in this budget and we’ve seen the last couple years.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.

Carole Pankau (R)

Thank you, Mr. President. To the bill: Senator Trotter says 2.2 billion. Senator Radogno says 2.7 billion dollars. Either way you go, there’s not one penny in here to reduce our payments to our Medicaid providers, not one cent. We are a deadbeat State where our Medicaid bills are concerned. Our hospitals, doctors, pharmacists, nursing homes are looking for relief, and yet, in 2.2 billion dollars, we can’t start even paying the bills that we already owe. We not -- I recommend a No vote. I would like to be able to say, hey, let’s starting paying this down. But by your own words and by your own numbers, you’re telling us that we’re going to be further in 114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 debt next year at this time, even with 2.2 billion dollars more in spending. What kind of budget would I have liked to have seen? I would have liked to have seen one that, number one, pays our bills; number two, makes our pension payments; and then, and only then, do we consider any of our other programs. I urge a No vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.

David Luechtefeld (R)

Thank you, Mr. President, Members of the Senate. I -- I really don’t have a lot of new things to say that haven’t been said already. I -- I guess I -- you know, I have been with a few of you to different meetings that we’ve talked to people and -- and one of the biggest complaints is the fact that the State is not paying its bills. And -- and I’ve been with some of you who say, “That’s a shame, and that’s not right, and we need to fix that.” And -- and it is a shame and it’s not right. And I know today we’ve sort of felt good about ourselves - you know, it seems like there’s a lot of cooperation and that sort of thing. And -- and -- and I -- and I think that I’m going to go home thinking - because I think this budget will pass - that what we’re doing is kind of a shame. You know, we -- we are in debt up to our ears. It is so bad that most people don’t understand how bad the debt is. And guess what? We’re going to do it again and it’s going to be worse. And come January and February, we’re going to get calls that the State is not paying its bills - worse than this year. And -- and there doesn’t seem to be a lot of concern about how do we solve that problem. In fact, we just made the -- a bigger budget. You know, it’s easy 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 to say we’re going to give you things. And there are a lot of things in here that maybe are good and you feel good about. But if you can’t pay the bills, something’s wrong. And something’s wrong here with this, people. And I -- and I guess I’m just amazed. I -- I cannot in good conscious go down the road that makes things worse than last year. And -- and you can’t spin it any other way. There’s no other way to spin it.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Mr. President. To the bill: I know a couple of sponsors have already spoke and they say what a bad idea this is, but, Senator Luechtefeld, DuQuoin Community No. 300 in your district have been waiting since FY’02 for their funding for their school construction. And I think it’s a tragesty {sic} that you will continue to keep them on hold and to uphold not only your schools in your district that’s been waiting for their funds since Fiscal Year ’02, but Senator Bomke has Rochester Community School. They’re still waiting, Senator Bomke. John Jones, Fairfield Public School. They’re still waiting. Senator Righter, they’re still waiting in Stewardsdale {sic}. They’re still waiting, Senator Millner, Burzynski, Luechtefeld, Pankau, Peterson. You’ve got these school districts strung out since Fiscal Year ’02, waiting for funds that you said that you were going to give them, waiting for a commitment. And I know they are in contact with you, because Westchester School District in my district is in contact with me consistently. They’re waiting, too. And enough is enough. Enough is enough. We all know we need to fund the foundation level for our children. We 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 know that. We know we need to fully fund categoricals. We know we need to do all the things that we can in education to improve our school system. If you feel like we need a balanced budget, throw out some ideas. Put something on the table that would create the revenue. Just don’t simply say that it’s not a good idea to move forward with funding our schools properly. It’s just time out for every year the same argument, but you’re not putting up -- you’re not moving anything forward, you’re not bringing anything to the table, and your schools are struggling in the midst of it. I urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) There are two final speakers and then Senator -- three final speakers and then Senator Trotter to close. Senator Sandoval.

Martin A. Sandoval (D)

Thank you, Mr. President, Members of the Illinois Senate. You know, on the southwest side of Chicago, we like to call a spade a spade. And as I stand here this afternoon and listen to my friends and some of my friends on the other side of the aisle, I just got to -- my eyes just kind of turn and roll. I mean, this Chamber just spent, just a few minutes ago -- and -- and I was quite surprised to see some of my friends on the other side of the aisle vote on the largest pork-spending bill in Illinois history - thirty-three billion dollars of major pork spending, line items that don’t have any -- any nomenclatures, don’t have any justification, and you all found ways to support the largest pork-barrel-projects-spending bill in the Illinois history. And now you’re telling us about wanting to be the fiscal conservatives of -- and guardians of the Illinois 117 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 treasury. That is, Ladies and Gentlemen, bunk. You know, I support Senator Trotter’s work on this bill. I believe the work done on this budget -- it’s a good budget, it’s living within our means. It’s working within the natural growth of the revenues projected for next year - working families, children, seniors, disenfranchised children, challenged children. This bill needs to pass today. We need to bring some social justice and quality of life to working families in Illinois. And I want to applaud the work of Senator Trotter and President Jones on delivering this budget today. Let’s move on. I urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.

Dave Syverson (R)

Thank you, Mr. President. In the -- in -- in the financial world, there’s a -- a term called a “willful blindness”, which is a -- a phrase used when a person should know something is wrong, but just turns the other way. And in this case, when we look at a -- a budget that is clearly not balanced, it is not right. You know, over this last week, it’s been interesting as we’ve watched some creative financial ideas come up from Senator Schoenberg and Senator Harmon, coming up with creative financing ways, thinking outside of the box ways. Wouldn’t that have been nice if we could have sat down and worked on the budget in that same way? If we’re not going to raise taxes and we’re going to continue to spend at the levels we have, we have to come up with some creative ways to try to balance that budget, to bring that spending in -- in line. To -- to Senator Lightford, on -- regarding the school funding, we certainly support the -- the -- 118 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 the school funding and the priorities that have been -- that have been put forward before. The problem is, we have so much new spending that takes place, and if we would stick to funding those priorities first, as opposed to starting new programs…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Could you wrap it up, Senator?

Dave Syverson (R)

So -- sure. Let me just wrap it up by -- I was checking my notes to make sure I didn’t miss anything. So, I guess in closing, I appreciate the effort that’s been made, but the -- the bottom line is if we are out of budget -- if we’re out of -- out of balance, our priority ought to be working to balance a budget, because it’s not going to get any better. And I -- I think we showed in the capital plan that we are more than willing to reach across and work together to come up with a -- solutions on these budgets. And even though it’s going to pass this way this year, I’m hoping next year that we’ll have the opportunity to work as closely on the budget as we did working on the capital plan this year. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Senator Jacobs and then Senator Trotter, to close. Senator Jacobs.

Mike Jacobs (D)

Thank you, Mr. President. I’m new, but I’m not that new. I remember in 1994, when Jim Edgar was Governor and Pate Philip sat in that Chair and not Senate President Emil Jones, the budget was out of whack by 1.5 billion and we rolled it over. We didn’t roll it over once, we didn’t roll it over twice - three times. And the fact is that we did a lot of short-term 119 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 borrowing. We cut and froze Medicaid payments. We paid seventy million dollars in interest. We taxed hospitals. Our bond rating fell four times. Our payment cycle was a hundred and twenty days late - today it’s seventy. I think the point I’m trying to make is we’ve all had our day in the sun. We’ve all made mistakes. We’ve all done really good things for Illinois as well. But I think the one thing that I would like to propose today is that we form a committee that would move forward during the summer months to study how to -- how to move forward. It seems like we’re always in such a hurry to figure out how we just paid for the last -- last meal that we had, that we’re never talking about we’re going to get to the future. And I challenge my friends across the aisle. No one wants to create jobs more than I do. I’m for job creation. I’m for lower -- lower growth -- or big growth with low government and less taxes. So you have -- you have an ally on this side of the aisle and I look forward to reaching across and us becoming a less partisan Body, more gentlemanly and stately as well. And I appreciate your time.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. Senator Trotter, to close.

Donne E. Trotter (D)

Thank -- thank you very much, Mr. President, Members of the Senate. Thank -- as always, thank you all for your comments. Thank you, Senator Jacobs. And Senator Sandoval threw me off with that spade is a spade thing. So I didn’t… You know, I…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) But his comments on the budget were excellent. Senator Trotter. 120 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Donne E. Trotter (D)

You know, it just threw me off for a second. I heard him. You know. However, with all of that being said, we have acknowledged, in fact, that there is more spending in this bill than the one that we passed earlier this week. In that one we - - we passed earlier this week, we made the assumptions that it would be a balanced budget based on revenue assumptions of one billion dollars’ growth, with the sweeps that we had at five hundred and thirty million dollars - or fund transfers, as we like to call them on this side - that would go for, one, maintaining the payment cycle at seventy days and also when we get that one hundred and forty-eight million dollars, that one time spending for those schools, that we want to now get their moneys to them. You know, we also made other projections as well, that we would use the POB dollars to pay down our pension debt by getting that sixteen billion dollars, putting it in the front, lowering that principal payment and actually getting to the ninety-percent threshold eleven to twelve years earlier. I mean, to me that -- those are responsible things that we did. But as this is a negotiated process, we had to work with the Senate {sic}, who had a bill that was 3.3 billion dollars out of whack. We got them from 3.3 billion dollars down at least -- just a little - four hundred million dollars over to where we were. It’s reasonable. They had -- they had good ideas. The projects that they said we should fund, we all wanted. They put -- they helped us put the dollars in here so that we’d have dollars for LaSalle, for Senator Dahl, so we can go ahead and open up all those beds. We put dollars in here so we can deal with the Thomson issue, so we can finally get that on -- on the 121 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 rolls, and left out dollars of trying to close anything else down. We put in more dollars for education. Raised up our -- our funding for the kids. We had a plan at one sixty-six. Theirs was three hundred. We brought it down to two twenty-five - a negotiated process. Ideas that we all want and could do if we had more money. And we say that this is a irresponsible bill, I beg to differ. One, you talk about the Governor managing. Well, he can manage this. He can manage because he can use what he’s always used and that is his amendatory veto to basically reduce those programs that we all hold so dear. You know, if we do not -- we talk about putting this debt on our kids and our future. If we do not invest in them today in education, what future do they have? We do not invest in health care, what future do they have? If we do not invest in their schools and to ensure that they have an environment in which to learn, what future does any of us have? This is a reasonable budget, one that can be managed. We can look and hopefully -- and we can be the voice of doom for here on out and say things are just getting worse. We can be the Chicken Little; the sky’s going to keep on falling. But the deal is, is we have to take a positive stand. We have to take a progressive stand and do something now. This budget does that. And I ask for an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 5701 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 voting Aye, 20 voting Nay, none voting Present. House 122 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Bill 5701, having received the required constitutional majority, is declared passed. Senator Maloney, for what purpose do you seek recognition, sir?

Edward D. Maloney (D)

A point of personal privilege, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your point.

Edward D. Maloney (D)

Throughout the day, we have all justifiably been thanking staff for all the hard work they’ve done all year and certainly we appreciate that. We have one staff member who has been assigned to me, among others, this year that’s done a wonderful job and this is her last day. She’s going on to another job beginning Monday. And I would like to acknowledge Lynne Davis, who’s up the President’s Gallery, and thank her for all her hard work.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you for all of your wonderful work. Thank you, Lynne. Senator Frerichs, for what purpose do you seek recognition, sir?

Michael W. Frerichs (D)

Mr. President, on that last vote, I was pushing my Yes button, and due to the backlighting, I couldn’t see that it hadn’t registered. I intended to vote Yes on the budget.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Senator Clayborne, for what purpose do you seek recognition, sir?

James F. Clayborne Jr. (D)

For a point of -- point of an announcement -- personal 123 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 privilege.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your announcement, personal privilege or whatever you want.

James F. Clayborne Jr. (D)

The young lady that staffs Environment and Energy will be leaving us in -- in -- I mean, in July. I’m sorry. And Cassie will be going to Yale Law School, so we wish Cassie much luck.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Congratulations, Cassie. Going to law school. Okay, Ladies and Gentlemen of the Senate, we still have business to take care of, so let’s get back to it. Supplemental Calendar No. 3 should have been distributed to your desks. We’re going to go to that right now. Supplemental Calendar No. 3. Senator Righter, for what purpose do you -- you -- they don’t -- you don’t have it, Senator Righter?

Dale A. Righter (R)

I -- I don’t think that we have it. I think maybe it’s on its way out.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Okay, can we distribute Supplemental Calendar No. 3 quickly, please? We’ll get it to that side of the aisle, Supplemental Calendar No. 3. We’re going to -- it’s coming to you now. Senate Bill 1102. It’s being -- it’s -- only one bill on it. It’s coming to you right now. Now on the Order of Concurrence is Senate Bill 1102. Senator Trotter, do you wish to proceed? Madam Secretary, please read the gentleman’s motion.

Deborah Shipley

124 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 I move to concur with -- with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1102. Filed by Senator Donne Trotter.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.

Donne E. Trotter (D)

Thank -- thank you very much, Mr. President. Can you -- just one second, please.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.

Donne E. Trotter (D)

Yes, sir. Thank you very much, Mr. President and Boys and Girls. If we can pass this one out of here, this is the last you’ll hear from me today. The first amendment, essentially, just guts the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion on the amendment that -- cuts the bill? Seeing none, Senator Trotter moves adoption of… It’s on a concurrence. Okay, and -- and Amendment No. 2 does… Senator Trotter, to explain Amendment No. 2.

Donne E. Trotter (D)

Actually, we’re concurring with Amendment 1 and 2 as -- as a combined process. So what this bill does is the last part of our 29.1-billion-dollar General Revenue Fund operating budget. This realizes 2.2 billion dollars. It’s in this piece that we have the dollars for the Aging budget, which we’ve replaced -- or put back in the budget the Red Tape Cutters ombudsman program, more dollars for SIU health care workers, more dollars for Agriculture, Attorney General, Department of Corrections, 125 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 State Board of Elections, Department of Healthcare and Family Services. And, again, we basically have heard all of this earlier this week. If there’s questions, I will attempt to answer them.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Halvorson.

Debbie DeFrancesco Halvorson (D)

Thank you, Mr. President and Members of the Senate. You know, I was really excited to see this -- part of the budget, because we were able to do some really good things. The veterans’ homes are all getting a tremendous amount of increases. Manteno’s Veteran Home will receive 29.2 million dollars in total funding -- with it -- that’s including the 8.2 percent over what they got last year. I’m pleased to say that we were able to fund the LaSalle Veterans’ Home -- their eighty bed -- their new eighty beds one hundred percent. That’s twice as much as what the Governor introduced the budget to do. But it’s a new part of the veterans’ home and it’s our responsibility to make sure that that’s funded. Now, I -- I -- I had a conversation with my colleague on the other side of the aisle, the Senator that represents LaSalle, and I was so excited I went over to him to tell him we were able to get that in the budget. And I was disappointed to hear that he said that he couldn’t vote for a budget that he perceived as not balanced. But, Senator, I really hope you’re as excited as I am and we’re able to fund those new eighty beds at a hundred percent. There are quite a few other things that are really good. But, again, we’re very pleased that we were able to get the veterans’ homes funded at the level we were. And I encourage all of you to help 126 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 support that.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Dahl.

Gary G. Dahl (R)

Thank you, Mr. President. To the bill: Thank everybody for -- for their work getting this funding for the veterans’ home. You far exceeded my expectations on what you were able to do. And I’d also like to say and thank on the other side of the aisle all of you for your support and -- and, on the other side of the building, Representative Mautino for his work getting this funding in there. Now, we need to make sure, all of us in here, and have a commitment. Last year, as you all know, the Governor vetoed 2.6 million dollars out of the budget for the LaSalle Veterans’ Home. We need to make sure this year that if the Governor decides to slice this, that we all come back here as a unit and override that veto. This is extremely important and I want to thank everybody for what you did. The -- the veterans are -- are thanking you, not only in LaSalle but -- but throughout the State. This -- this was a -- this was a great -- a great moment and a great day and -- and thank you very much.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Dahl, for those kind and sincere words. Senator Delgado.

William Delgado (D)

Thank you, Mr. President. To the bill: I, too, want to join in this wonderful opportunity to celebrate some of the good points today and these last couple of days and especially to Senator Trotter, ‘cause he understands the public health in our great State and in Cook County. And I want to thank him and all 127 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 of you who came together to assist in making sure that we have community health center expansion programs, which is increased by a million dollars, as many people and many of our centers are being closed. And just at Roberto Clemente High School in my community where Dr. Bishop is working so hard and making sure that we have access, because in my particular community, the Puerto Rican community, we have twenty-one percent in diabetes in my particular district, an epidemic proportion, to where morbidity rates and amputations are sky-high. And today we also enjoy juvenile diabetes research money - and for that I want to thank you. The Alzheimer’s Association. So when we talk about the very need of making the person whole, healthy and -- wise, I want to thank you and to move forward to know that there’s a lot of help and a lot of hope to make sure our families are healthy and that we continue to pay priority to what is important to our constituents.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan and then Senator Trotter, to close.

John M. Sullivan (D)

Thank you, Mr. President. To the bill: Just -- Senator Trotter had already talked about the Department of Ag and some of the funding increases that this budget represents, especially with regard to cooperative extension, the soil and water conservation districts, CFAR funding. These are some of the initiatives that many of us have worked very hard to ensure funding for. So, my appreciation to him for that work. I just want to point out within the Department of Natural Resource’s budget, if you look at the analysis, if you look at the budget compared -- for ’09 compared to ’08, it does show a decrease. 128 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 But that’s actually an agreement that the Department of Natural Resources worked out with the University of Illinois to transfer the surveys over to the U of I. And once you take that part of the budget out and -- transfer it, that the Department of Natural Resources actually will see about a fourteen-million- dollar increase, which was something that they desperately need. I just want to conclude by saying -- give my appreciation to Senator Trotter for the outstanding work that he has done with regard to the budget and many of the appropriation bills. He’s -- when you talk about a heavy lifter on this issue, Donne, you do an outstanding job. And, finally, I just want to say thanks to Senate President Emil Jones for his -- his leadership and his hard work and his willingness to come together with some of the other leaders to address a -- the budget to make it a better budget and to help move us towards adjourning today. Thank you very much.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Sullivan. And now, Senator Donne Trotter, to close. Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President and -- and -- and all of the Members. As I promised, this -- this is my last bill of the day and probably my last time at the microphone this spring. But before I relinquish the mike, I want to thank, I mean, everyone that has been here and worked and -- and -- and agonized to get through this process. And it has been an agonizing process this year. And when you couple that with last year that seemed like it never ended, we have come a long way. And -- and one, in working together, and that’s the first thing 129 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 that has to happen - you have to have a dialogue. We started a dialogue and it -- and it shows in the various things, the various budgets that we’ve passed today. But as I thank all of you, more importantly - we are a lot of smart people here and some of us smarter than others - but there’s not a day that goes by I don’t realize that I’m not half as smart as our staff. Our staff is the greatest staff, and I’m talking about the Republican staff as well. I mean, they’re here working when we’re not here, smiling when you’re not smiling, doing our work - I mean, really making us look good, making this process work, and making this process be the best that it can be. So I would like everyone to join me in thanking our staffs for all the work they do for us.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) …Senator Trotter. The question is -- this is final action. The question is, shall the Senate concur in House Amendments No. 1 and No. 2 to Senate Bill 1102. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 38 voting Aye, 18 voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 and No. 2 to Senate Bill 1102. And the bill, having received the required constitutional majority, is declared passed. Calm down, Ladies and Gentlemen. We still have business to take care of here in the Senate. Madam Secretary, Messages.

Deborah Shipley

A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate 130 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 773, 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. 2 to Senate Bill 773. Passed the House, as amended, May 31st, 2008. Mark Mahoney, Clerk of the House.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Rules Committee will meet for the final time in the President’s Anteroom immediately. Will all the members of the Rules Committee please come to the President’s Anteroom immediately? Senator Martinez in the Chair. Please don’t go far, Ladies and Gentlemen of the Senate. We’re coming right out and going -- coming straight to finish up our action and then you can hit the road. Senator Martinez in the Chair.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Hendon in the Chair.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Let’s get a little order here in the Senate. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Hendon, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - a Motion to Concur with House Amendment No. 2 to Senate Bill 773. Senator Rickey Hendon, Chairman. May 31st, 2008.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Leader Watson. 131 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Frank C. Watson (R)

Thank you, Mr. President. Just a point of personal privilege, if I might.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Leader Watson is seeking personal privilege. Can we have some order here in the Senate? Leader Watson.

Frank C. Watson (R)

Thank you very much. I know that we’ve been throwing a lot of accolades to our staff and -- and -- and we need to do that. They do great work for us. But one of our staff members today is celebrating his birthday, May 31st, the date in which we adjourn. Can you imagine being on staff and having a birthday here that day? But Tim Nuding - Tim, right here in the aisle, center aisle - Tim, our Appropriations Director, does a fantastic job for us. It’s his birthday today. Happy birthday, Tim.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Happy birthday to you. Happy -- happy birthday, Tim. You did a great job. We’re going to Supplemental Calendar No. 2, which is being distributed to -- on your desks right now. Supplemental Calendar No. 2 should have been distributed. On the Order of House Joint Resolution 84, Senator Jacobs.

Mike Jacobs (D)

Ladies and Gentlemen, can I get your attention? I know the hour is…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Just a moment, Senator Jacobs. Madam Secretary, please read the resolution.

Deborah Shipley

132 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 House -- House Joint Resolution 84, offered by Senator Jacobs. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs moves to suspend the rules for the purpose of immediate consideration and adoption of House Joint Resolution 84. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the rules are suspended. Madam -- Senator Jacobs, on your resolution, sir.

Mike Jacobs (D)

I know the hour is late and if I could beg your attention for one moment, I think I have a story to tell that -- that is important to my district and not only important to my district, but I think it’s food for thought for all of us. Today -- I’m here today to re-designate the 280 Bridge in Rock Island County to the John F. Baker Bridge -- Jr. Bridge. And I’d like to read the citation that John received for the Medal of Honor. En route to assist another unit that was engaged with the enemy, Company A came under intense enemy fire and the lead man was killed instantly. Sergeant Baker instantly moved to the head of the column and together with -- with another soldier knocked out two enemy bunkers. When his command was -- commander {sic} (comrade) was mortally wounded, Sergeant Baker, spotting four Viet Cong snipers, killed all of them, evacuated the fallen soldiers and returned and lead repeated assault against the enemy’s positions, killing several more Viet Cong. Moving to attack two additional enemy bunkers, he and another soldier drew intense fire and Sergeant Baker was blown from his feet by an enemy grenade. He quickly recovered and single-handedly 133 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 destroyed another bunker and another soldier was wounded. Seizing his fallen comrade’s machine gun, Sergeant Baker charged through the deadly fusillade to silence another bunker. He evacuated his comrade, replenished his ammunition, returned to the forefront to brave enemy fire and continue the fight. When the forward element was ordered to withdraw, he carried one wounded man to the rear and -- returned to evacuate yet another soldier. He was taken under by enemy sniper once again and he raced beyond the friendly troops to personally kill the -- the last sniper. After evacuating the wounded man, he returned to cover the -- the deployment as it -- as it tried to leave. His ammunition was now exhausted and he dragged two more fallen soldiers to the rear. Sergeant Baker’s heroism, indomitable fighting spirit, and extraordinary gallantly {sic} are responsible for saving the lives of several Americans, and inflicting serious damages on his enemies. His acts, in keeping with the highest tradition of the U.S. Army, reflect the greatest credit upon him that the Armed Service in our country has to offer, the Medal of Honor. And it is on this basis that we are re-designating the 280 Bridge to the John F. Baker Bridge in Rock Island. Thank you very much.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) It is -- it is the opinion -- Senator Jacobs moves adoption of House Joint Resolution 84. It is the opinion of the Chair that this resolution requires the expenditure of State funds, and therefore a roll call must be taken. Those in favor of House Joint Resolution 84 will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On 134 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 that question, there are 56 voting Aye, none voting Nay, none voting Present. House Joint Resolution 84, having received the required constitutional majority, is adopted. House Joint Resolution 108. Senator Righter. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 108, offered by Senator Righter. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter moves to suspend the rules for the purpose of immediate consideration and adoption of House Joint Resolution 108. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the rules are suspended. Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Joint Resolution 108 is in honor of a lifelong resident of my district, Mr. Howard Cleff. Mr. Cleff was born and raised in Lawrence County and was a thirty-two-year member of the Illinois State Police before he passed away. But probably what Mr. Cleff is best known for and his legacy that he’ll leave on this State is that, you know, the -- when you’re driving down the road on a State highway and on the lane that you’re driving in and on the other side there’s this white line - which Dale Risinger has informed me is technically called, by the IDOT folks, the edge line - Mr. Cleff is the one who is credited with first suggesting that the State Police paint an edge line to mark the difference between the road and the shoulder, for which he received from the Illinois Department of 135 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Transportation Director at the time, a one-hundred-dollar savings bond for that suggestion. The resolution formally would direct the Department of Transportation to rename a small portion of U.S. Route 50 around the north side of Lawrenceville in his honor and I would ask that it be adopted. Thank you, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter moves the adoption of House Joint Resolution 108. It is the opinion of the Chair that this resolution requires expenditure of State funds, and therefore a roll call must be taken. Those in favor of House Joint Resolution 108 will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jacobs. Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. House Joint Resolution 108, having received the required constitutional majority, is adopted. House Joint Resolution 137. Senator Raoul. Madam Secretary, read the resolution.

Deborah Shipley

House Joint Resolution 137, offered by Senator Raoul. No committee or Floor amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul moves to suspend the rules for the purpose of immediate consideration and adoption of House Joint Resolution 137. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the -- and the rules are suspended. Senator Raoul.

Kwame Raoul (D)

136 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Thank you, Mr. President, Ladies and Gentlemen of the -- Senate. House Joint Resolution 137 is the product of hard work done by the Joint Committee for the Constitutional Convention Proposal. I’d like to, first of all, commend the staff members on both side of the aisle, because they did the heavy lifting on this. In addition, Senator Righter, Senator Althoff, Senator Harmon and myself attended several meetings to come up with the program that will be sent -- the pamphlet that will be sent to all voters and also in -- placed in the newspapers. The substantive language of House Joint Resolution 137 will become the text of the official guide provided to voters at -- at the 2008 General Election. House Joint Resolution 137 contains a neutral explanation of the question regarding whether to call a constitutional convention, together with the summary of four arguments in favor of holding a constitutional convention and a summary of four arguments against holding a constitutional convention.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. I simply rise in support of the resolution and to thank my colleagues, particularly Senator Raoul, Senator Harmon, Senator Althoff, for their work on this, as well as our colleagues in the House of Representatives. And again, particularly - they have received kudos already several times today and they deserve it again - our staff who worked so hard on getting the wording of this right and, I can guarantee you, spent far more time together working on this than the legislators actually did. So, thank you very much, Mr. 137 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul moves adoption of House Joint Resolution 137. It is the opinion of the Chair that this resolution requires expenditure of State funds, and therefore a roll call must be taken. Those in favor will vote -- of House Joint Resolution 137 will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, none voting Present. House Joint Resolution 137, having received the required constitutional majority, is declared adopted. Being distributed on your desks right now should be Supplemental Calendar No. 4. We’re going to No. 4. On Supplemental Calendar No. 4, on the -- on the Order of Concurrence is Senate Bill -- I mean, 773. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 773. Filed by Senator Jeff Schoenberg.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Amendment No. 2 becomes the bill. It’s the Fiscal Year 2009 Budget Implementation Act. As is the case with all other Budget Implementation Act, this ensures the smooth flow of funds to programming lines throughout the State budget. Just to touch on a couple of the high points: In education, 138 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 it’s -- it provides transition assistance for schools in Fiscal Year ’09, so no public school will receive less in net State aid than it received the previous year. There -- it codifies into law the increase in the foundation level per pupil from five thousand seven hundred and thirty-four per pupil in FY’08 to five thousand nine hundred and fifty-nine dollars - a two hundred-and-twenty-five-dollar increase - in ’09. The poverty grants are held harmless. There are a number of codifications of -- and -- and fund authorizations for health care and human services, including for Medicaid nursing home reimbursement rates, TANF grants, mental health contracts, for multiple sclerosis home services. Ensures that the ongoing appropriations for the Excellence in Academic Medicine hospitals will continue in future years to the extent that they did from Fiscal ’02. A number of other miscellaneous items that relate to the everyday function of State government…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator.

Jeffrey M. Schoenberg (D)

I…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg moves adoption -- to the -- to the amendment. Is there any discussion? Senator Pankau. I mean, yes, Senator Pankau.

Carole Pankau (R)

Thank you, Mr. President. Will the sponsor yield for a question?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Ladies and Gentlemen of the Senate, we are near the end and 139 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 it’s awful noisy in here. Senator Pankau, yes, he will yield. Senator Pankau.

Carole Pankau (R)

Thank you. This -- this becomes the budget implementation bill, this amendment, correct?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

That is correct.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.

Carole Pankau (R)

Sometimes in the past, we have had instances where things have been kind of snuck in here. There was an incidence with stem cell money, sometimes an expansion of Medicaid programs, et cetera. Is there anything sneaky in here?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Well, first of all, I could take great offense that you’re asking me -- asking me that very question. But I also have to tell you that I -- I don’t view any State support for stem cell research to be sneaky. I view it to be important. Having said all that, there are no surprises in this bill to paraphrase your question.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Pankau. I’m sorry. Oh! Senator Righter. Thank you. Senator Righter, briefly if possible.

Dale A. Righter (R)

140 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 I will do my best, Mr. President. Will the sponsor yield, please?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) He will yield for a question or two. He will yield, sir.

Dale A. Righter (R)

Thank you, Mr. President. Senator Schoenberg, I guess under the category there’s always a last-minute hiccup here. Our staff - which obviously we’re just now seeing this - was combing through it as quickly as they could and found, on page 11 of the amendment that you are concurring with, the creation of a new home services program for people with multiple sclerosis, but it’s been created under the Illinois Department of Public Health. Okay. Then if you go to page 141 of the -- same amendment, there is a direction to the Department of Healthcare and Family Services to seek from the federal government a waiver, a Medicaid waiver, for a home care services program for multiple sclerosis that is created within the Department of Human Services. So can you tell me whether or not we are seeking a waiver for a program under DHS that doesn’t exist or are we creating a program under the Department of Public Health that we are not going to seek a waiver from the federal government for?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Senator Righter, as I understand it - and I’m willing to have further clarifications - as I understand it, this program within the Department of Public Health for providing home services to individuals with MS, that’s also subject to 141 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 appropriation, that that -- there’s a higher level of assets which is allowed for the program, that would be executed subject to appropriations in the Department of Public Health versus the one that’s in the DHS home services program.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

I -- I guess the question, Senator, is when we already have a home services program under DHS, why are we creating one for multiple sclerosis under the Illinois Department of Public Health and then not seeking a federal waiver for it? That’s…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Schoenberg.

Jeffrey M. Schoenberg (D)

The only explanation that I can offer is that since -- since there is a discrepancy in the cap, namely that there’s a higher level of assets being allowed, and this is a new program, that we’re going to explore whether or not this is actually effective before we decide to make it -- to make it more permanent. In this new program, the cap would be seventeen thousand five hundred dollars with retirement assets up to five hundred thousand and all life insurance assets being disregarded. I think that we want to see whether this new initiative for the Department of Public Health that has the higher asset level, what the level of participation is and how effective it can be before we implement it on a permanent basis.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, to the bill, sir. Thank you.

Dale A. Righter (R)

142 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Absolutely. To the motion, Mr. President: I think the -- the short and accurate answer here is this is a mistake, and I hope that someone here is making note of that so that when we come back next year, we can seek a wavier for the program that we’re actually creating pursuant to Senate Bill 773. Thank you, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen and then Senator Schoenberg, to close. Senator Lauzen.

Chris Lauzen (R)

Thank you, Mr. President. In this bill, is -- are there any Road Fund diversions and, if yes, for what amount?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

I wouldn’t characterize this as a diversion. We would continue funding the Secretary of State and State Police from the Road Fund. We have -- we’ve traditionally had that cap in there and, as you know from prior years, if the cap’s not maintained, the money comes from -- out of GRF. The Road Fund level, more explicitly, for the State Police is a 114.7 million. The level for the Secretary of State, a 130.5. And I believe that is the only area in which the Road Fund would be…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.

Chris Lauzen (R)

Let’s see. I’m under the impression that there’s a -- a thirty-million-dollar diversion going basically to a -- a testing contract, EPA -- Illinois EPA, and then, as you 143 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 mentioned, a smaller amount going to the Secretary of State. Is it -- is the diversion in the area of thirty million?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Senator Lauzen, the IEPA expenditure that you reference is for emissions test -- emissions and we need to be able to do that if we are to be -- retain our eligibility for federal funding in this area.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir. Senator Lauzen.

Chris Lauzen (R)

Yes. Just the -- the concern that, of course, we need the EPA testing, but rather than coming out of the road funds, some folks would feel that it’s a proper purpose of government to do that out of the General Revenue Fund. So…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, to close.

Chris Lauzen (R)

…I suggest a No vote.

Jeffrey M. Schoenberg (D)

Mr. President, Ladies and Gentlemen of the Senate, before I conclude on this, I want to extend on behalf of all of us our congratulations to Senator Harmon. The House has concurred in our amendments on House Bill 824, the pay-to-play bill, and it’s now on its way to the Governor’s desk. I urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments {sic} No. 2 to Senate Bill 773. All 144 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 39 voting Aye, 15 voting Nay, none voting Present. The Senate concurs in House Amendments {sic} No. 2 to Senate Bill 773. And the bill, having received the required constitutional majority, is declared passed. We’re now going to go to the Order of Secretary’s Desk on Concurrence. The bottom of page -- bottom of page 19 on your regular Calendar. Senate Bill 62. Senator Collins. Out of -- out of -- out of the record. Out of the record. Senate Bill -- going to the next one. Senate Bill… Presiding Officer would -- is seeking another leader to come into the President’s Chair so I can do my bill. Senator Martinez coming to the -- coming to the Podium. I needed that laugh. Madam Secretary, Messages.

Deborah Shipley

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 1415, 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. 2 to Senate Bill 1415. We’ve received like Messages on Senate Bill 2231, with House Amendment No. 1, and Senate Bill 2702, with House Amendments 1 and 2. Passed the House, as amended, May 31st, 2008. Mark Mahoney, Clerk of the House. 145 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Leader Watson, for what purpose do you rise?

Frank C. Watson (R)

Thank you, Madam President. Just a point of personal privilege, if I might. I understand that the House just passed the landmark ethics bill, so, Senator Harmon, I guess I -- I owe you dinner. See -- I’ll see you at McDonald’s.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Moving on in the Calendar, Senate Bill 2015. Senator Clayborne. Out of the record. Senate Bill 2017. Senator Haine. Out of the record. Senate Bill 2047. Senator Murphy. Out of the record. Senate Bill 2102. Senator Brady. Out of the record. Senate Bill 2170. Senator Murphy. Out of the record. Senate Bill 2336. Out of the record. Senator Demuzio, on Senate Bill 2407. Out of the record. I’m sorry, out of the record. Senator Kotowski, on Senate Bill 2505. Senator Millner. Senate Bill 2415. Madam Secretary, please read the bill. Out of the record. The Rules Committee will meet immediately in the Senate Antechamber. The Rules Committee. Rules Committee immediately, please. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Hendon, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - a Motion to Concur with House Amendment No. 1 to Senate Bill 2231. Senator Rickey Hendon, Chairman. May 31st, 2008.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Madam Secretary, Communications. 146 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Deborah Shipley

Yes. I have a letter dated May 31st, 2008. Dear Madam Secretary - Pursuant to the provisions of Senate Rule 2-10, I hereby establish January 13th, 2009, as the 3rd Reading deadline for the following Legislative Measures: All House bills and Senate bills in the possession of the Senate on May 31st, 2008, that currently have a December 31st, 2007, or May 31st, 2008, 3rd Reading deadline. Sincerely, Emil Jones, Jr., Senate President.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Madam Secretary, Consent Calendar. We have now -- we will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today in -- in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolutions on the Consent Calendar?

Deborah Shipley

No objections filed, Madam President.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted with the exception of the resolutions previously withdrawn. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. And the resolutions are adopted. Ladies and Gentlemen, can I have your attention, please? We are waiting on a Supplemental, so please be patient with us. We will bring these out as soon as we can and get the -- the business taken care of. Thank you. Final action is required. Ladies and Gentlemen, we are moving onto Supplemental Calendar No. 5. That 147 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 Calendar should have been distributed on your desk. Moving on to Secretary’s Desk, Concurrence, we have Senate Bill 2231. Senator Harmon. On the Order of Concurrence, Senate Bill -- Senate Bill 2231. Do you wish to proceed, Senator Harmon? Madam Secretary, please read the motion.

Deborah Shipley

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2231.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator…

Deborah Shipley

Filed by Senator Don Harmon.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) I cannot hear the Secretary. Can you please quiet it down a little bit? Senator Harmon, to explain your motion.

Don Harmon (D)

Thank you, Madam President, Ladies and Gentlemen of the Senate. I am so sorry to keep everyone here, but this is pending business that has certain date requirements. This is an amendment to the Liquor Control Act. It started as an amendment for Triton College in my district and for City Colleges. It was amended in the House to include provisions for the University of Illinois that were identical to a bill that Senator Cullerton passed out of the Senate overwhelmingly. They’ve also added - and this is the important piece - some language to make the Illinois law with respect to open containers compliant with federal law so that we don’t lose twenty-three million dollars in federal road moneys. I’d be happy to answer any questions or elaborate if anyone needs me too. 148 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, Senator Harmon, to - - to close.

Don Harmon (D)

Ask for your Aye votes.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Okay, Ladies and Gentlemen, this is final action. The question is, shall Senate Bill 2231 -- concur in House Amendment No. 1 to Senate Bill 2231. Those in favor, vote Aye. Opposed, Nay. The -- the voting is now 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 voting Aye, 3 voting Nay, 2 voting Present. The Senate concurs in House -- House Amendment No. 1 to Senate Bill 2231; having received the required -- required constitutional majority, is declared passed. Senate President Emil Jones, what purpose do you rise?

John O. Jones (R)

Thank you, Madam President. We have practically concluded our work for this Session of the General Assembly. We had a few great accomplishments. We did pass a major jobs bill for the people of the State of Illinois, working with my -- with my good friend, the Minority Leader Frank Watson. Working collectively together, we were able to pass a major piece of legislation that’s going to benefit the people across the State of Illinois. And I think that we should call our House members and make sure they call that bill simply because we all sat down over the past month with Speaker Hastert and President Glenn Poshard. There was tremendous input from labor. There was tremendous input from the State Chamber of Commerce. So it was a major piece of 149 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 legislation. Our roads, our bridges, our schools, our universities, our community colleges, all looking forward to action on this capital bill. It will put a lot of people to work. I want to thank our staffs and the staffs on the -- on both sides of the aisle for their input and the hard work that they put forth. We did pass a budget. Listening to the debate, many said the budget’s not balanced. I recall last year the Governor amendatorily vetoed the budget and had some reductions in there to balance the budget. We, in the Senate, didn’t override it even though a lot of Members complained that we should have overridden the budget. But we are trying to do the job that’s going be in -- be in the best benefit of the people of the State of Illinois. So I’ll trust that everyone enjoyed their work this Session. It’s May 31st. There are some who wanted to go into overtime, but we were bent on trying to get out of here on the time that we had set forth on the schedule. And we went past it only by two days. And we look forward to each of you having a wonderful, wonderful summer. Perhaps I’ll see some of you on the campaign trail as we move to elect our -- one of our former colleagues, Barack Obama, as the next President of the United States. So -- so -- so let’s enjoy ourselves. I look forward to seeing many of you this summer.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Madam Secretary, Resolutions.

Deborah Shipley

Senate Joint Resolution 105, offered by Senator Link. (Secretary reads SJR No. 105)

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link moves to suspend the rules for the purpose of 150 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 immediate consideration and adoption of Senate Joint Resolution 105. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Link now moves the adoption of Senate Joint Resolution 105. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the Senate Joint Resolution 105 is adopted. Madam Secretary, Introduction of Bills.

Deborah Shipley

Senate Bill 3044, offered by Senator Righter. (Secretary reads title of bill) Senate Bill 3045, offered by Senator Garrett. (Secretary reads title of bill) Senate Bill 3046, offered by Senator Harmon. (Secretary reads title of bill) And Senate Bill 3047, offered by Senator Dillard. (Secretary reads title of bill) 1st Reading of the bills.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Madam Secretary, Messages.

Deborah Shipley

A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 3471. Passed the House, May 29th, 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 151 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2275, 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 2275. Passed the House, as amended, May 31st, 2008. Mark Mahoney, Clerk of the House.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Madam Secretary, House Bills 1st Reading.

Deborah Shipley

House Bill 2047. (Secretary reads title of bill) House Bill 2088 -- pardon me, it’s House Bill 2047, offered by Senator Link. (Secretary reads title of bill) House Bill 2088, offered by Senator Link. (Secretary reads title of bill) House Bill 2308, offered by Senator Crotty. (Secretary reads title of bill) House Bill 2310, offered by Senator Syverson. (Secretary reads title of bill) House Bill 3177, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 4127, offered by Senator Link. (Secretary reads title of bill) House Bill 4266, offered by Senator Murphy. (Secretary reads title of bill) House Bill 4443, offered by Senator Harmon. 152 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 (Secretary reads title of bill) House Bill 4678, offered by Senator Risinger. (Secretary reads title of bill) House Bill 4686, offered by Senator Crotty. (Secretary reads title of bill) House Bill 4707, offered by Senator Link. (Secretary reads title of bill) House Bill 4769, offered by Senator Althoff. (Secretary reads title of bill) House Bill 4845, offered by Senator Harmon. (Secretary reads title of bill) House Bill 4861, offered by Senator Maloney. (Secretary reads title of bill) House Bill 4905, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 4927, offered by Senator Holmes. (Secretary reads title of bill) House Bill 5032, offered by Senator Raoul. (Secretary reads title of bill) House Bill 5064, offered by Senator Silverstein. (Secretary reads title of bill) House Bill 5067, offered by Senator Delgado. (Secretary reads title of bill) House Bill 5070, offered by Senator Delgado. (Secretary reads title of bill) House Bill 5071, offered by Senator Delgado. (Secretary reads title of bill) House Bill 5157, offered by Senator Watson. (Secretary reads title of bill) 153 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 166th Legislative Day 5/31/2008 House Bill 5501, offered by Senator Delgado. (Secretary reads title of bill) House Bill 5668, offered by Senator Delgado. (Secretary reads title of bill) House Bill 5845, offered by Senator Haine. (Secretary reads title of bill) House Bill 5969, offered by Senator Pankau. (Secretary reads title of bill) House Bill 6380, offered by Senator Crotty. (Secretary reads title of bill) House Bill 6516, offered by Senator Cronin. (Secretary reads title of bill) And House Bill 6520, offered by Senator Noland. (Secretary reads title of bill) 1st Reading of the bills.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Pursuant to Senate Joint Resolution 105, the Senate stands adjourned until November 5th, 2008, in perfunctory Session. The Senate stands adjourned. 154