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Illinois Senate Floor Debate — September 22, 2008

95th General Assembly (2007-2008) · Legislative day 171 · Regular Session
Chamber
Senate
General Assembly
95th (2007-2008)
Date
September 22, 2008
Legislative day
171
Session
Regular Session
Speaker turns
237
Original
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James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desk? Madam Secretary, Reading and Approval of the Journal, please.

Deborah Shipley

Senate Journal of August 19th, 2008.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Hunter.

Mattie Hunter (D)

Mr. President, I move that the Journal just read by the Secretary be approved, unless some Senators has additions or corrections to offer.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter moves to approve the Journal just read by the Secretary. There being no objection, so ordered. Senator Hunter, for what purpose do you rise, ma’am?

Mattie Hunter (D)

Thank you, Mr. President. We have some very important guests in the President’s Gallery that I’d like to introduce. They are the -- the alcohol and drug providers. These people provide wonderful services to the people in need in this great State of Illinois. And I’d simply like to welcome them to the Illinois Senate.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Will our guests in the galleries please rise and be recognized? Welcome to the Illinois State Senate. Madam Secretary, Resolutions, please.

Deborah Shipley

Senate Resolution 839, offered by Senator Crotty and all 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Members. Senate Resolution 840, offered by Senator Lightford and all Members. Senate Resolution 841, offered by Senator Althoff and all Members. Senate Resolutions 842 and 843, offered by Senator Koehler and all Members. Senate Resolution 844, offered by Senator Dahl and all Members. Senate Resolution 845, offered by Senator Hunter and all Members. Senate Resolution 846, offered by Senators Bomke, Harmon and all Members. Senate Resolution 847, offered by Senator Forby and all Members. Senate Resolutions 848 and 849, offered by Senator Dillard and all Members. Senate Resolution 850, offered by Senator Emil Jones and all Members. Senate Resolutions 851 and 852, offered by Senator Hunter and all Members. Senate Resolution 853, offered by Senator Haine and all Members. Senate Resolution 854, offered by Senator Clayborne and all Members. Senate Resolutions 855 and 856, offered by Senator Haine and all Members. Senate Resolution 857, offered by Senator Peterson and all Members. 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Senate Resolution 858, offered by Senator Dahl and all Members. Senate Resolution 859, offered by Senator Emil Jones and all Members. Senate Resolution 860, offered by Senator Lightford and all Members. Senate Resolution 861, offered by Senator Koehler and all Members. Senate Resolution 862, offered by Senator Sullivan and all Members. Senate Resolution 863, offered by Senator Lauzen and all Members. Senate Resolutions 864 and 865, offered by Senator Wilhelmi and all Members. Senate Resolution 866, offered by Senator Dillard and all Members. Senate Resolution 867, offered by Senator Hunter and all Members. And Senate Resolutions 868 through 871, offered by Senator Haine and all Members. They’re all death resolutions, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Consent Calendar. Senator Sandoval, for what purpose do you rise, sir?

Martin A. Sandoval (D)

Just point of personal privilege, Mr. President.

James A. DeLeo (D)

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

Martin A. Sandoval (D)

3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Like to state for the record that Senator Munoz will -- is not with us today due to a family medical emergency.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. The record will so reflect his absence. Madam Secretary, Communications, please.

Deborah Shipley

Yes. I have a letter dated September 22nd, 2008. To the Honorable President of the Senate: Sir - In compliance with the provisions of the Constitution of the State of Illinois, I am forwarding herewith the enclosed Senate bills from the 95th General Assembly as vetoed by the Governor, together with his objections. Senate Bill 2298, 2321, 2676 and 2679. Respectfully, Jesse White, Secretary of State. I have second letter dated September 22nd, 2008. To the Honorable President -- President of the Senate: Sir - In compliance with the provisions of the Constitution of the State of Illinois, I am here -- I am forwarding herewith the enclosed Senate bills from the 95th General Assembly that are being returned by the Governor with specific recommendations for change. Senate Bill 546, 1864, 1879, 1975, 2190, 2327, 2340, 2380, 2632, 2685, 2872 and 2887. Respectfully, Jesse White, Secretary of State.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, is there any motions have been filed in regards to the Governor’s actions on veto? Madam Secretary, motions on total vetoes, please.

Deborah Shipley

4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 The following motions have been filed with respect to the Governor’s action on the following Senate bills for override of total veto: Senate Bill 2298, filed by Senator Jacobs; Senate Bill 2676, filed by Senator Koehler; Senate Bill 2679, filed by Senator Crotty; and Senate Bill 2321, filed by Senator Trotter.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, please place those motions on the Calendar, please. Madam Secretary, has there been any further motions filed in regards to the Governor’s veto action?

Deborah Shipley

Yes. The following motions have been filed with respect to the Governor’s action on the following Senate bills for override of an amendatory veto: Senate Bill 1864, filed by Senator Lightford; Senate Bill 2380, filed by Senator Schoenberg; Senate Bill 2685, filed by Senator Delgado; Senate Bill 2887, filed by Senator Schoenberg; Senate Bill 1879, filed by Senator Collins; Senate Bill 1975, filed by Senator Wilhelmi; and Senate Bill 2190, filed by Senator Link; and Senate Bill 2632, filed by Senator Dahl.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, please place those motions on the Calendar, also. Thank you. Madam Secretary, Messages, please.

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 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 6350. 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Passed the House, September 10th, 2008. Mark Mahoney, Clerk of the House. I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a -- of a bill of the following title, to wit: Senate Bill 790, together with the following amendment which -- amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment -- House Amendments 1, 5 and 9 to Senate Bill 790. We’ve received like Messages on Senate Bill 1103, with House Amendments 1 and 7; Senate Bill 2536, with House Amendment No. 1; and Senate Bill 2595, with House Amendments 1, 2 and 4. Passed the House, as amended, September 10th, 2008. Mark Mahoney, Clerk of the House. I have a Message from the House by Mr. Mahoney, Clerk. I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, the veto of the Governor notwithstanding, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 230. I am further instructed to deliver to you the objections of the Governor which are contained in the attached copy of his letter to the House of Representatives. We’ve received like Messages on House Bills 3106, 4548, 4668, 4956 and 5022. All passed the House, September 10th, 2008, by a three-fifth -- 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 three-fifths majority. I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, the Governor’s specific recommendations for change notwithstanding, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 824. I am further -- instructed to deliver to you the objections of the Governor which are contained in the attached copy of his letter to the House of Representatives. We’ve received like Messages on House Bills 953, 1432, 1533, 3286, -- I’m sorry, 4450, 4527, 4602, 4653 and 5318. All passed the House, September 10th, 2008, by a three-fifths majority.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, has there been any motions filed in respect to the Governor’s veto on House bills?

Deborah Shipley

The following motions have been filed with respect to the Governor’s action on the following House bills for override of total vetoes: House Bill 230, filed by Senator Delgado; House Bill 3106, filed by Senator Frerichs; House Bill 4548, filed by Senator Peterson; House Bills 4668 and 5022, filed by Senator Haine; and House Bill 4956, filed by Senator Crotty.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, place those on the Calendar, please. Madam Secretary, has there been any motions filed in regards to the amendatory veto for additional House bills? 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008

Deborah Shipley

Yes, Mr. President. The following motions have been filed with respect to the Governor’s action on the following House bills for override of amendatory vetoes: House Bill 824, -- filed by Senator Harmon; House Bill 1432, filed by Senator Cullerton; House Bill 4450, filed by Senator Murphy; House Bill 4602, filed by Senator Haine; House Bill 4653, filed by Senator Risinger; House Bill 953, filed by Senator Clayborne; and House Bill 4527, filed by Senator Schoenberg.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Please place those motions on the Calendar, please. Illinois Issues is seeking leave of the Body for permission to take still photos. Seeing no objection -- seeing no objection, leave is granted. Madam Secretary, Introduction of Bills, please.

Deborah Shipley

Senate Bill 3059, offered by Senator Trotter. (Secretary reads title of bill) Senate Bill 3060, offered by Senator Murphy. (Secretary reads title of bill) Senate Bill 3061, offered by Senators Watson, Bivins, Risinger and Burzynski. (Secretary reads title of bill) Senate Bill 3062, offered by Senator Althoff. (Secretary reads title of bill) Senate Bill 3063, offered by Senator Althoff. (Secretary reads title of bill) Senate Bill 3064, offered by Senator Haine. (Secretary reads title of bill) 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Senate Bill 3065, offered -- offered by Senator Meeks. (Secretary reads title of bill) Senate Bill 3066, offered by Senators Syverson, Burzynski, Bivins, Jones and Lauzen. (Secretary reads title of bill) 1st Reading of the bills.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) WAND Television here in Springfield {sic} requests permission to videotape the proceedings. Seeing no objection, leave is granted. Can I have your attention, please? We will now sit -- the regular Session of the 95th General Assembly will stand in recess to call of the Chair. We will be going -- right now we will be going to another Special Session and we’ll open that up - for informational purposes - we’ll open that up and then we’ll be recessing the Special Session and we’ll be going to the Supplemental Calendar. So, please do not leave the Floor. The regular Session of the 95th General Assembly will stand in recess to call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the regular Session of the 95th General Assembly will please come to order. Ask all the Members, please be at their desks. We’d like -- for purpose of announcement - can I have your attention, please? - I’d ask the Rules Committee to meet immediately in the President’s Anteroom. Ask all members of the Rules Committee, please come to the Podium immediately. We’ll have a short Rules Committee meeting 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 and we’ll be going right to final action. So, we’ll stand at ease while the Rules Committee meets and we’ll be going right immediately to final action. Thank you. (SENATE STANDS AT EASE/SENATE RECONVENES)

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Regular Session will come to order. Madam Secretary, Committee Reports, please.

Deborah Shipley

Senator Hendon, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - House Bill 2070 and Senate Bill 780. Senator Rickey Hendon, Chairman. September 22nd, 2008. I have a second Rules report. Senator Hendon, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Executive Committee - Floor Amendment No. 2 to House Bill 2070 and Floor Amendment No. 1 to Senate Bill 780; and Be Approved for Consideration - Motion to Accept Specific Recommendations for Change to House Bill 1533, a Motion to Accept Specific Recommendations for Change to House Bill 3286, Motion to Accept Specific Recommendations for Change to House Bill 5318, a Motion to Accept Specific Recommendations for Change to Senate Bill 546, a Motion to Accept Specific Recommendations for Change to Senate Bill 2340, and a Motion to Accept Specific Recommendations for Change to Senate Bill 2327. Senator Rickey Hendon, Chairman. September 22nd, 2008. 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Silverstein, for what purpose do you rise, sir?

Ira I. Silverstein (D)

Purpose of a committee announcement, Mr. President.

James A. DeLeo (D)

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

Ira I. Silverstein (D)

Senate Executive Committee will meet promptly at 3:45. Promptly at 3:45.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, at the hour of 3:45, the Senate Executive Committee will meet in Room 212. Thank you, Mr. -- Chairman Silverstein. WLS-TV in Chicago, Channel 7, seeks leave of the -- requests permission to -- seeks leave of the Body to videotape the -- Session. Having -- seeing no objection, leave is granted. If I could have your attention, please, for purpose of announcement. Just to inform the Body what seems to be -- we have a technical glitch. Our software. We’re trying to get the Supplemental Calendar up and ready and - for the vetoes - and we’re having a problem with the software. They’re trying to manually do it. So just hold still for a couple more minutes and we hope to have the Supplemental Calendar printed and distributed on the Members’ desks ASAP. So, please just bear with us a couple more minutes. Thank you. State Journal-Register requests permission to take still photos of the proceedings. Leave is granted. (SENATE STANDS AT EASE/SENATE RECONVENES)

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 The regular Session of the 95th General Assembly will come to order. The Supplemental Calendar No. 1 is printed and being distributed as we speak. It will be on the Members’ desk. I ask all Members within the sound of my voice, please come up to the Senate Floor immediately. We will be taking final action. All Members within the sound of my voice, please report to the Senate Floor immediately. Thank you. Madam Secretary, has the Calendar been printed and distributed to the Members?

Deborah Shipley

Yes, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, on Senate Calendar -- Supplemental Calendar No. 1, on page 1. On the top of page… Okay, on page 3. Page 3, Ladies and Gentlemen. Okay, on page 3 - we’ll be going to page 3 in just a moment - is Motions in Writing, Override Specific Recommendations of the Governor. We will be going to Senate Bill 1864. Senator Lightford. 1879. Senator Collins. Senator Jacqui Collins. Senator Wilhelmi, on 1975. Senator Link, on 2190. Senator Jeff Schoenberg, on 2632. Senator Willie Delgado, on Senate Bill 2685. And Senator Schoenberg, on 2887. Motions in Writing. Once again, for purpose of an announcement. May I have everybody’s attention, please? Motions in Writing. We’re going to Supplemental Calendar No. 1 immediately. This is final action. The next four bills that will be called for override of total vetoes: Senate Bill 2298, Senator Jacobs - Senator Jacobs, would be asked to come to the Floor immediately; Senator Koehler, on Senate Bill 2321; Senator Crotty, on Senate Bill 2676; and Senator Trotter, on Senate Bill 2679. Those will be the first 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 four motions called. Please come to the Floor immediately. Senator Righter, for what purpose you seek recognition, sir?

Dale A. Righter (R)

Thank you, Mr. President. Just very briefly. I appreciate the Chair’s indulgence and patience. As you know, we both have Members that are down in Room 114 meeting on budget issues. And to get everyone here and have them an opportunity to ask questions they might have, I -- I appreciate very much the Chair’s indulgence. Thank you, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, as I purposely -- previously announced, excuse me. Purposely and previously. Supplemental Calendar No. 1. We’ll be going to page 3. As I mentioned before, and I apologize to the Membership, that there was some technical glitches in the software and there’ll -- there will be some mistakes, technical mistakes on the Calendar. And the technical mistakes are error in sponsorship, and when we get to that bill, we will correct the -- the current sponsor. There isn’t any errors to the bill number or to the motions. There are some technical errors on the listed sponsors. So, please, bear with us. We’re going to go a little slower on our overrides. Ladies and Gentlemen, I ask you to turn your attention to page 3 and Senate Bill 2298. Senate Bill 2298. Senator Trotter, do you wish to proceed? I’m sorry. Excuse me. Senator Jacobs. Senator Jacobs, do you wish to proceed on 2298, sir? He indicates he does. Madam Secretary, please read the gentleman’s motion.

Deborah Shipley

I move that Senate Bill 2298 do pass, notwithstanding the 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 veto of the Governor. Filed by Senator Mike Jacobs.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Jacobs, to explain your motion, sir.

Mike Jacobs (D)

Yes, sir. This bill has passed the Senate 52 to 0; passed the House 107 to 3. It passed the Senate and the House last year, and the Governor vetoed the bill again. The rationale for the Governor’s veto is he doesn’t really know. So, I’d appreciate a favorable consideration. And if anybody can wake the Governor up, I’d appreciate it.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Jacobs moves Senate Bill 2298 do pass, notwithstanding the total veto of the -- the Governor. Is there any discussion? Is there any discussion? Seeing none, Senator Jacobs, to close. The gentleman has asked for a affirmative roll call. The question is, shall Senate Bill 2298 pass, notwithstanding the total veto of the Governor. All in favor will vote Aye. All 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 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2298, having received the required three- fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on Motions in Writing is Senate Bill 2321. Senator Trotter, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion. 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008

Deborah Shipley

I move that Senate Bill 2321 do pass, notwithstanding the veto of the Governor. Filed by Senator Donne Trotter.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, explain your motion, sir.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. I would like to override the Governor’s veto of 2321. 2321 raised the maximum fee allowed from thirteen to twenty-one dollars by the year 2010 that the clerk of the courts is authorized to collect to help defray the expense of maintaining a county library. The Governor vetoed the bill because he felt that it was a fee increase. The county is in favor of this because they have not had a fee increase over the past ten years and they would like to see this done, again, with the -- the higher costs of running the library - heating costs and all the other expenses. And the clerks and the -- the -- the attorneys that use this library also realize this is a minimum expansion of fees. And there were no proponents {sic}. It passed out of here 42 to 12, the House 76 to 34.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Okay, Senator Trotter moves Senate Bill 2321 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Senator Righter, for what purpose do you rise, sir?

Dale A. Righter (R)

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

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Sponsor indicates he’ll yield for a question, sir.

Dale A. Righter (R)

Thank you. Senator Trotter, can you clarify for me, is this bill -- only apply to Cook County, or does this apply to all the counties that have a law library?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.

Donne E. Trotter (D)

It can apply to all libraries, but it is not a mandatory that they do so.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

Dale A. Righter (R)

So -- so, for Cook County, does this bill actually raise the fee, and then, for every other county, it gives the county board the authority to raise the fee? Or does it just give all the county boards the authority to raise the fee?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.

Donne E. Trotter (D)

If I recollect, the -- the original bill, it gives the other counties the authority to raise the fee, but it does not, again, automatically do so.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Lauzen, for what purpose you seek recognition?

Chris Lauzen (R)

Thank you, Mr. President. I do apologize to the sponsor. The reason -- or, the rationale for the Governor’s -- and the 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 nature of the Governor’s override {sic} was what?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.

Donne E. Trotter (D)

That this, in fact, constituted the raising of a fee. And as you know, the Governor has made a pledge that he’s not going to raise any taxes or fees, which he believes all fees are tantamount to being a tax.

James A. DeLeo (D)

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

Donne E. Trotter (D)

Just ask for Aye vote to override the Governor’s veto.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, the question is, shall the Senate pass Senate Bill 2321, notwithstanding the total veto of the Governor. 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 34 Ayes, 21 Nays, 0 voting Present. The motion fails. Senator Koehler, on Senate Bill 2676. Do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move that Senate Bill 2676 do pass, notwithstanding the veto of the Governor. Filed by Senator Dave Koehler.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Senator Koehler, explain your motion, sir.

David Koehler (D)

Thank you, Mr. President. Ladies and Gentlemen of the Senate, this bill would allow the City of East Peoria and the Village of Morton to raise their Illinois Municipal Code tax on hotel rental from five percent to six percent of the gross receipts. And this would put it -- them in line with the City of Peoria, which is a home rule entity. I’d appreciate your support.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Koehler moves Senate Bill 2676 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 2676 pass, notwithstanding the total veto of the Governor. 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 38 Ayes, 17 Nays, 0 voting Present. Senate Bill 2676, having received the required three- fifths majority is declared passed, notwithstanding the veto of the Governor. Senator Crotty, on Senate Bill 2679, ma’am. Do you wish to proceed? She indicates she wishes to proceed. Madam Secretary, read the lady’s motion.

Deborah Shipley

I move that Senate Bill 2679 do pass, notwithstanding the veto of the Governor. Filed by Senator Maggie Crotty.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Thank you. Senator Crotty, explain your motion, ma’am.

M. Maggie Crotty (D)

Thank you very much. Ladies and Gentlemen of the Senate, I ask for your support to override the Governor’s veto on Senate Bill 2679. Under the current law, no employee of the CTA may hold any office or employment under federal, State, county or municipal government except an office with compensation not exceeding five thousand dollars. All this bill does is raise that amount from five thousand to fifteen thousand. I had all of your support when we ran the bill through the Senate. I ask for it today.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Crotty moves that Senate Bill 2679 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Is there any discussion? Senator Righter, for what purpose do you rise?

Dale A. Righter (R)

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

James A. DeLeo (D)

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

Dale A. Righter (R)

Thank you, Mr. President. Senator Crotty, I rise on behalf of a number of Members in the Chamber who are intensely interested in why the Governor vetoed your bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.

M. Maggie Crotty (D)

Well, he -- he thanked all of us for their -- our hard work and our support, but he does not agree with certain aspects of 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 the bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Any further -- Senator Righter.

Dale A. Righter (R)

Senator Crotty, did he in his veto message or any other contact with you elaborate onto -- as to what aspects of Senate Bill 2679 he disagreed with or was uncomfortable with?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.

M. Maggie Crotty (D)

No, Senator Righter. I did call, but he -- I just got a message from the office just saying that there was just aspects that he didn’t care for.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Any further discussion? Seeing none, Senator Crotty, to close, ma’am.

M. Maggie Crotty (D)

I just ask for your Aye votes.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall the Senate pass Senate Bill 2679. All those in -- notwithstanding the total veto of the Governor. 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 52 Ayes, 1 voting Nay, 1 {sic} voting Present. Senate Bill 2679, having received the required three- fifths majority, is declared passed, notwithstanding the veto of the Governor. Okay, Ladies and Gentlemen, on page 3 of your 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Calendar, there’s Motions in Writing to Override Specific Recommendations of the Governor. Now comes Senate Bill 1864. Senator Lightford, do you wish to proceed, ma’am? She indicates she wishes to proceed. Madam Secretary, read the lady’s motion.

Deborah Shipley

I move that Senate Bill 1864 do pass, notwithstanding the - - notwithstanding the specific recommendations of the Governor. Filed by Senator Kimberly Lightford.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Lightford, to explain your motion, ma’am.

Kimberly A. Lightford (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1864 was legislation that passed both Chambers unanimously. It re-created or extended the Council on Responsible Fatherhood Act of 2008. The Act was set to repeal on July 1st of 2010 in this legislation. The Governor changed the reporting requirement to be on the same day, July 1st, 2010, which will not allow us significant time as a General Assembly to look over their recommendations and findings. So, I’d like for us to keep it the same way. Mr. President, I’d be happy to answer questions.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Lightford moves that Senate Bill 1864 do pass, notwithstanding the specific recommendations of the Governor. Seeing no discussion, Senator Lightford, to close.

Kimberly A. Lightford (D)

Yes. I ask that we override the Governor. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Thank you. All right, Ladies and Gentlemen, the question is, shall Senate Bill 1864 pass, notwithstanding specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1864, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on Motions in Writing is Senate Bill 1879. Senator Collins. Senator Jacqui Collins, do you wish to proceed, ma’am? She indicates she does. Madam Secretary, read the lady’s motion.

Deborah Shipley

I move that Senate Bill 1879 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Jacqueline Collins.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Collins, explain your motion, ma’am.

Jacqueline Y. Collins (D)

Thank you, Mr. President. The reason I’m asking for an override of the amendatory veto, while I agree with the intent of the amendatory veto, I was advised by the House that the language makes the bill in noncompliance -- it places the bill in noncompliance. And so I’m asking for a motion to override to retain the integrity and the intent of Senate Bill 1879, which passed out of the Senate unanimously and out of the House with a 111 votes. That language basically did two things - the original Senate Bill 1879. It amended the Human Rights Act to 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 increase civil penalties for violations relating to real estate transactions and financial credit. And the other initiative or the other motion that it created was that it passed the -- or, amended the Code of Civil Procedure to require the plaintiff in a foreclosure action to notify the homeowner of certain rights. And that language was agreed-upon language that the Attorney General had worked out with the various lenders. So, I would like for your support to retain the initial original intent of my bill, Senate Bill 1879.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, Senator Collins moves that Senate Bill 1879 do pass, notwithstanding specific recommendations of the Governor. Seeing no discussion, the question is, shall Senate Bill 1879 pass, notwithstanding specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1879, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Wilhelmi, on Senate Bill 1975, sir. Do you wish to proceed? Senator -- this is final action, Ladies and Gentlemen. Please pay attention to the sponsor. Senator Wilhelmi, you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move that Senate Bill 1975 do pass, notwithstanding the specific recommendations of the Governor. 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Filed by Senator A.J. Wilhelmi.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi, to explain your motion, sir.

A. J. Wilhelmi (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move that Senate Bill 1975 do pass, notwithstanding the specific recommendations of the Governor. As you may recall, Senate Bill 1975 is an effort to clarify offenses of unauthorized bringing of contraband into a penal institution by an employee and unauthorized possession of contraband in a penal institution. And it clarifies it applies to all types of contraband. The bill also provided that for violations involving cell phones, cash, weapons and other contents -- we wanted to make sure that it was clear that if it’s legal to have those things in your possession and if they’re in your vehicle, you are not in violation of the law, which says that contraband is banned from being brought into the penal institution itself. The Governor tried to exempt some of those provisions related to weapons and other tools. I believe that the -- the law, as originally passed, is -- is the right approach. I am willing to sit down with all interested parties to make sure we’re not encouraging people to -- correctional officers from bringing contraband of this nature into the parking lot. But as the law was originally drafted, I believe that that is the right approach for now. And I’m happy to answer any questions, and I will be bringing the parties together here in the next -- in the coming months.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi moves that Senate Bill 1975 do pass, 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 notwithstanding specific recommendations of the Governor. Is there any discussion? Senator Righter, for what purpose do you rise, sir?

Dale A. Righter (R)

Thank you, 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, Mr. President. Senator Wilhelmi, so I understand, the -- the Governor’s amendatory veto removed the exemption that you placed in the original bill that would have allowed an employee to have a weapon or firearm or ammunition, lock tool or cutting tool in their vehicle when they were parked on prison grounds. Is that correct?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi.

A. J. Wilhelmi (D)

That is correct. The Governor took -- took exception to these specific items: firearms and ammunition; other weapons; tools to defeat security mechanisms, which includes keys; and cutting tools, such as saws and files. Those are the exact items listed in the Governor’s amendatory veto.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

Dale A. Righter (R)

Senator Wilhelmi, tell me why you think we need to have that exemption in the law.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi. 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008

A. J. Wilhelmi (D)

Senator Righter, as you know, I -- I use the keys as one example. The other is, for those who want to go hunting after work, they can take their -- their firearm with them. They can leave it in the trunk, which is legal right now, and they can go to work, come back to their vehicle, and go to their -- to -- to hunt and -- and not have to go back home and -- and find their firearm there. I believe that this is reasonable. We’re not promoting, folks, correctional officers to bring weapons with them to work. But in the event they want to go to the range or they want to go hunting after work, they will not have to go back to their homes and pick up their firearm; rather, they can have those items in their vehicle.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, for further discussion.

Dale A. Righter (R)

Thank you, Mr. President. Senator Wilhelmi, what kind of animal do you hunt with a lock tool?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wilhelmi.

A. J. Wilhelmi (D)

As you may know, Senator, I’m not an avid hunter. And if you don’t know that, I’m telling you that right now. I’m -- what I’m referring to is the weapon of a shotgun, which you do take hunting. It’s my understanding, at least, that you do. With regard to the tools, many folks leave a toolbox in their pickup truck or in their -- in their SUV. Right now, you could not have a -- a toolbox with a saw in it, if this -- if this override does not succeed -- if -- if this motion to override 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 the Governor’s veto does not succeed.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 1975 pass, notwithstanding specific recommendations of the Governor. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 1975, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Link, on Senate Bill 2190, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

Deborah Shipley

I move that Senate Bill 2192 {sic} pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Terry Link.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Link, to explain your motion, sir.

Terry Link (D)

Thank you, Mr. President. This is the Election Code bill. The Governor’s veto basically had no rational point of view why he vetoed it. And it passed unanimously in both Chambers and I would seek to pass it unanimously on an override.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Senator Link moves that Senate Bill 2190 do pass, notwithstanding the specific recommendations of the Governor. Seeing no discussion, Ladies and Gentlemen, the 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 question is, shall Senate Bill 2190 pass, notwithstanding specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. And 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 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2190, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Schoenberg. Senator Jeff Schoenberg, on Senate Bill 2380, sir. Do you wish to proceed? Madam Secretary, he indicates he does. Please read the gentleman’s motion. Thank you.

Deborah Shipley

I move that Senate Bill 2380 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Jeff Schoenberg.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg, to explain your motion, sir.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate -- I move to override the Governor’s amendatory veto of Senate Bill 2380. The original version of the bill represented a very delicate agreement that had been reached on a hospital pricing protection bill for consumers throughout the State. By disrupting the agreement that had been reached between the Attorney General’s Office and the hospital industry, it could put a number of hospitals at risk and would emasculate the enforcement authority. I urge an override and I’m happy to answer any questions. 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Schoenberg moves that Senate Bill 2380 do pass, notwithstanding specific recommendations of the Governor. Is there any discussion? Is there any discussion? Senator Righter, for what purpose do you rise?

Dale A. Righter (R)

To the motion, please, Mr. President.

James A. DeLeo (D)

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

Dale A. Righter (R)

Thank you, Mr. President, Ladies and Gentlemen of the Chamber. I stand in support of Senator Schoenberg’s motion. We will have the opportunity, I suspect, as this year goes along, to continue to send a message to the Governor’s Office that it’s okay if we disagree on issues of public policy, whether it’s health care or education or anything else, but - you know what? - we all need to be part of the process. We all need to sit down and talk together and work together. That’s the message that this override will hopefully send to the Governor’s Office. Thank you, Senator.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Okay, Ladies and Gentlemen, seeing no further discussion, the question is, shall Senate Bill 2380 pass, notwithstanding specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2380, having received the required 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 three-fifths majority, is declared passed, notwithstanding the veto of the Governor. …Dahl, on Senate Bill 2632, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move that Senate Bill 2632 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Gary Dahl.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Dahl, to explain your motion, sir.

Gary G. Dahl (R)

Thank you, Mr. President. This bill I’m asking to override the Governor’s amendatory veto is a -- simply a bill for the Department of Commerce and Economic Development {sic} to continue a study on unemployment and -- and job creation for the next two years. And -- and the Governor wanted to tack on an -- an additional study if there was an increase in income tax from three to five percent, which kind of surprises me that he would even put that down in print. But he did. This passed both the Senate and the House unanimously and I simply ask for a Yes vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Dahl moves that Senate Bill 2632 do pass, notwithstanding specific recommendations of the Governor. Seeing no discussion, the question is, shall Senate Bill 2632 pass, notwithstanding the specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 wish? Madam Secretary, take the record. On that question, there are 50 voting Yes, 0 {sic} (4) voting Nay, 0 voting Present. Senate Bill 2632, having received the required three- fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Delgado, on Senate Bill 2685, sir. Do you wish to proceed? He indicates he would like to proceed. Madam Secretary, would you read the gentleman’s motion?

Deborah Shipley

I move that Senate Bill 2685 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator William Delgado.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) …you, Madam Secretary. Senator Delgado, explain your motion, sir.

William Delgado (D)

Thank you, Mr. President, Members of the Senate. I move to override the veto on Senate Bill 2685. As passed by the General Assembly, this bill required teacher institutes or inservice training workshops to include instruction on prevalent student chronic health conditions beginning with the 2009-2010 school year. And the Governor did not provide any rationale for his veto message, but he added language that required the State Board of Education, in conjunction with the Department of Public Health, to develop and make available to school boards by January 1, 2009, guidelines for the management of students with life-threatening food allergies, including education and training for school personnel, procedures for responding to a life-threatening allergic reaction to food, and each school board must implement a policy based on these guidelines by 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 January 1, 2010. And at this point, I would ask for your vote in overriding.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Delgado moves that Senate Bill 2685 do pass, notwithstanding specific recommendations of the Governor. Seeing no discussion, Ladies and Gentlemen, the question will be, shall the Senate Bill -- Senate pass Senate Bill 2685, notwithstanding specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 2685, having received three- fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on Motions in Writing. Senator Schoenberg, on Senate Bill 2887, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, could you read the gentleman’s motion, please?

Deborah Shipley

I move that Senate Bill 2887 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Jeff Schoenberg.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg, to explain your motion, sir.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I move that the Senate override the amendatory veto of -- for Senate Bill 2887. The underlying bill was an initiative of the Procurement Policy Board in tightening some loopholes on 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 the application of the ten-year limitation for State contracts and proposed renewals. The amendatory veto took an area of finance for certificates of participation which were to be used to help public universities finance construction projects and erroneously added it to this. There’s a -- there’s a serious question as to whether this is compliant and relevant, and in addition to that, this particular language is too permissive. I think we all want to help public universities achieve their capital needs, but this particular instrument is not the way to do it. And I would, therefore, urge we override the Governor’s amendatory veto. I’m happy to answer any questions.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Schoenberg moves that Senate Bill 2887 do pass, notwithstanding specific recommendations of the Governor. Seeing no discussion, the question is, shall Senate pass Senate Bill 2887, notwithstanding specific recommendations of the Governor. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. There’s 55 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 2887, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on page 3. On the bottom of page 3 of Supplemental Calendar No. 1 is Motions in Writing, Override Total Vetoes, is House Bills. House Bill -- House Bill 230. Senator Delgado, do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, would you read the gentleman’s motion?

Deborah Shipley

33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 I move that House Bill 230 do pass, notwithstanding the veto of the Governor. Filed by Senator William Delgado.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Delgado, to explain your motion, sir.

William Delgado (D)

Thank you, Mr. President, Members of the Senate. As passed by the General Assembly, House Bill 230, which is a very important piece of legislation, creates a simplified procedure for the Court of Claims to address claims for compensation from persons wrongfully imprisoned. And it increases the maximum award amounts and requires the Department of Employment Security to provide job training and continuing education for each person who was wrongfully imprisoned. However, it is pointed out that we need to move on the override of House Bill 230, because it is legal opinion that it is clear that -- the Governor’s language indicated that although, and I quote, “I appreciate the hard work of the sponsors to pass this legislation. However, Article IV {sic} (V), Section 12 of the Illinois Constitution of 1970 provides that it is the Governor who ‘may grant reprieves, commutations and pardons after conviction…’” At this point, there is no dispute - and I close that quote - there is no dispute that the Governor has the prerogative to grant reprieves, commutations and pardons, after conviction, for all offenses on such terms as he thinks proper. However, who would benefit by this legislation are not seeking reprieves, commutations or pardons, they are seeking compensation. Therefore, the Governor is confusing compensation with a pardon. Their convictions have been overturned - either the charges 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 against them have been dismissed or they have been found to be not guilty. Why should they seek a pardon for their wrongful incarceration? And with that said and done, there’s enough precedent to set and I would ask for green lights on the override of this veto.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Delgado moves that House Bill 230 do pass, notwithstanding the total veto of the Governor. Seeing no discussion, the -- Ladies and Gentlemen, the question is, shall the Senate pass House Bill 230, notwithstanding the total veto of the Governor. 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 55 Yeas, 0 voting Nay, 0 voting Present. House Bill 230, having received the required three-fifths majority, is declared passed, notwithstanding the total veto of the Governor. Senator Frerichs, on House Bill 3106, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move that House Bill 3106 do pass, notwithstanding the veto of the Governor. Filed by Senator Mike -- Michael Frerichs.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs, explain your motion, sir.

Michael W. Frerichs (D)

Thank you very much, Mr. President. House Bill 3106 amends the Eminent Domain Act to grant the City of Champaign authority 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 to use quick-take powers for certain specified lands in Champaign. This is a project that will relieve flooding in the Campustown area. It passed this Chamber 48 to 5. I would ask your affirmative vote -- affirmative vote in overriding the Governor’s veto.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Frerichs moves that House Bill 3106 do pass, notwithstanding the total veto of the Governor. Seeing no discussion, Ladies and Gentlemen, the question is, shall the Senate pass House Bill 3106, notwithstanding the total veto of the Governor. 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, 45 Yeas, 8 voting Nay, 0 voting Present. House Bill 3106, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Continuing on Motion in Writing is House Bill 4548. Senator Peterson, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move that House Bill 4548 do pass, notwithstanding the veto of the Governor. Filed by Senator William Peterson.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Peterson, to the motion, sir.

William E. Peterson (R)

Thank you, Mr. President. The motion to override has to do with the Governor not believing that an extension of a TIF 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 district should be granted to the Village of Libertyville. All the governmental bodies concerned have signed off on this. Local businessmen have already put in thirty-five million dollars in development. This would help build an additional tiered parking lot. Because the business area has flourished so well that they feel that this will continue to build the business area. They’re looking at retaining -- the Village is retaining about fifteen million from the forty-eight and rebating thirty-five million back to taxing bodies. I ask for your support to override the veto of the Governor.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Peterson moves that House Bill 4548 do pass, notwithstanding the total veto of the Governor. Seeing no discussion, the question is, shall the Senate pass House Bill 4548, notwithstanding the total veto of the Governor. 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 55 Ayes, 0 voting Nay, 0 voting Present. Senate -- House Bill 4548, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. The Chair would like to recognize the Comptroller of the State of Illinois. Comptroller Dan Hynes, welcome to the Illinois Senate. Motions in Writing. House Bill 4668. Senator Haine, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move that House Bill 4668 do pass, notwithstanding with 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 veto of the Governor. Filed by Senator William Haine.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, explain your motion, sir.

William R. Haine (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This was a -- a -- another bill which followed a bill which we passed a year before that updated the recordkeeping requirements placed upon metal dealers who recycle metal. This is to give law enforcement and the Secretary of State’s Office additional tools to fight the organized looting of scrap that’s going on throughout our State. The Governor vetoed this without explanation. So I’m not sure what -- what -- what his thinking was. But, in any case, this was a negotiated bill. There’s no opposition. Secretary of State Jesse White and his office had a big role in the formation of this bill when we filed the Senate amendment. So they are vitally interested in this, as are the local law enforcement authorities and the scrap dealers and those homeowners…

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine moves that House Bill 4668 do pass, notwithstanding the total veto of the Governor. Ladies and Gentlemen, the question is, shall Senate Bill -- is there any… Senator Rutherford, do you have a question on this, sir? Senator Rutherford.

Dan Rutherford (R)

Thank you, Mr. President. I do, and I don’t want to be dilatory at this, but, Senator Haine, I mean, I -- I remember this bill. No issues. No problem. Just help me understand 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 exactly what you just said. The Governor vetoed it and gave you absolutely no logic, rationale, no reason, no insight as to what his problem was to this bill. Is that correct?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.

William R. Haine (D)

Yes. He said he disagreed with the bill. And that’s his prerogative under the Constitution.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.

Dan Rutherford (R)

I -- I -- I tend to agree with you, that’s his prerogative. But I also think that an interactive process between two branches of government in suggesting that he doesn’t agree with the bill would perhaps give logic to it. So, Senator Haine, I stand here with you and encourage green votes and override the Governor.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, once again, the question is, shall the Senate pass House Bill 4668, notwithstanding the total veto of the Governor. 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 55 Yeas, 0 voting Nay, 0 voting Present. House Bill 4668, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. On the top of page 4 of your Supplemental Calendar is Motions in Writing. Continuing on Total Override Vetoes is House Bill 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 4956, is Senator Crotty. Senator Crotty, do you wish to proceed, ma’am? She indicates she does. Madam Secretary, read the lady’s motion.

Deborah Shipley

I move that House Bill 4956 do pass, notwithstanding the veto of the Governor. Filed by Senator Maggie Crotty.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty, to the motion, ma’am.

M. Maggie Crotty (D)

Thank you very much. Ladies and Gentlemen of the Senate, I ask for your support in the motion to override the Governor’s veto of House Bill 4956. Under current law, the circuit courts can establish waiting rooms for children whose parents or guardians are attending court for any reason. The payment for the maintenance and the operation of these waiting rooms is left up to the discretion of a county board and they can impose a fee up to five dollars. This bill will allow the county to have that cap being ten dollars. So it is permissive for any county to go up to a maximum of a ten-dollar fee.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty moves that House Bill 4956 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Senator Lauzen, for what purpose do you rise?

Chris Lauzen (R)

A question for the sponsor.

James A. DeLeo (D)

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

Chris Lauzen (R)

40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 So, Senator, is there -- the rationale for the veto, other than this is a fee increase, is there -- is there any other rationale?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.

M. Maggie Crotty (D)

There -- no. There -- he just did not feel that there should be any increase allowed.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall the Senate pass House Bill 4956, notwithstanding the total veto of the Governor. 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 46 Yeas, 6 voting Nay, 0 voting Present. House Bill 4956, having received the required three-fifths majority, is declared passed, notwithstanding the total veto of the -- notwithstanding the veto of the Governor. Continuing on Motions in Writing is House Bill 5022. Senator Haine, do you wish to proceed shortly? Smally? Shortly? Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move that House Bill 5022 do pass, notwithstanding the veto of the Governor. Filed by Senator William Haine.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine, under twenty minutes. Senator Haine.

William R. Haine (D)

Thank you, Mr. President and Ladies and Gentlemen of the 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Senate. This is a -- a -- this was a bill that -- that doubled the graveyard trustee’s salary for one year from five hundred to a thousand. The Governor vetoed it because it’s his belief that this additional compensation is a pay raise. But these are working trustees. These are small townships. Many of them get paid and they go out and they run the -- the lawnmowers, they dig the graves, and this -- this is a well-earned one thousand dollars a year. So, I would ask the Members of the Senate to override the veto on this bill, with all due respect, and not bury this great piece of legislation.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine moves that House Bill 5022 do pass, notwithstanding the total veto of the Governor. Is there any discussion? Senator Rutherford, for what purpose do you rise?

Dan Rutherford (R)

A question of the sponsor.

James A. DeLeo (D)

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

Dan Rutherford (R)

Senator Haine, as I recall, when you brought this up before that this was not going to be a mandatory increase, but it would be an option for the local boards to decide. And for that reason, I recall voting for it.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.

Dan Rutherford (R)

Is that correct?

William R. Haine (D)

Thank you, Senator Rutherford, for that great question. 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 The answer is yes. It’s optional for each township board.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, seeing no further discussion, the question is, shall the Senate pass House Bill 5022. All -- notwithstanding the total veto of the Governor. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted a wish? Madam Secretary, take the record. On that question, there are 45 Yeas, 9 voting Nay, 0 voting Present. House Bill 5022, having received the required three- fifths majority, is declared passed, notwithstanding the veto of the Governor. Can we keep the noise level down? Senator -- or, Representative -- Senator Clayborne, Representative Hoffman, Senator Forby. This isn’t the House, Representative. Continuing on Motions in Writings, overriding specific recommendations of the Governor, comes House Bill -- 824. Senator Harmon. Senator Don Harmon, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, please read the gentleman’s motion.

Deborah Shipley

I move that House Bill 824 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Don Harmon.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon, explain your motion, sir.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The underlying bill, House Bill 824, is well known to us all. It is the ban on pay-to-play contributions, referred to 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 as the ethics bill. The Governor returned it to us with specific recommendations for change. I want to thank the Governor for his interest in the -- the bill and for -- and -- and thank him for his recommendations. We are already begun -- beginning to negotiate those with the House sponsor, with the advocates and with the Governor’s Office. And I’m eager to come back to the General Assembly with language that has been negotiated and agreed upon. We are joined on the Floor today by our Comptroller Dan Hynes, who’s been integral to this effort, and I want to thank him for his leadership on this. I also want to thank the President for calling us back into Session, and all of you for coming. Mr. President, I agree with your interpretation of the Constitution that says we could have taken this up in November during the regularly scheduled veto Session, but it was important for us to come back. And I appreciate your consultation with Senator Obama. I’ve learned a great deal from both of you, and if you’re both pointing in the same direction, I’m confident we’re going in the right -- right direction. Finally, I wanted to thank Senator Halvorson, who’s been a real key ally in this as a co-sponsor of the bill and making sure we were able to navigate all the procedural hurdles. I’m grateful for the chance to present this motion to override the Governor’s recommendations for change. And I ask you to -- to vote Aye.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Harmon moves that House Bill 824 do pass, notwithstanding specific recommendations of the Governor. Is there any discussion? Senator Radogno, for what purpose do you rise, ma’am?

Christine Radogno (R)

44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 To the override motion.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) To the motion, ma’am.

Christine Radogno (R)

Thank you, Mr. President. I have one word to say. Hallelujah. I never thought we would get here after all the machinations that we’ve been through over the last three years. I just -- this is an important step forward and I do applaud you, Senator Harmon, for sticking with it and working with everyone. You mentioned a number of people that have -- been instrumental. There have been a lot of people that -- that have thought this is the right thing to do. So, this is, indeed, a great day. You also mentioned, though, that we will have some ongoing discussions about additional ethics legislation. I think it’s really important that even though we’re doing this today, we not lose sight of the fact that while this is an important step, it is a small step and it is a first step. And what I really hope doesn’t happen is that we don’t see another three years of pointing back and forth across the Rotunda before we make another teeny, tiny baby step. So, I’m excited to be voting Yes for this and I hope that we do a lot more, a lot faster in the near future. Thanks.

James A. DeLeo (D)

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

Don Harmon (D)

Thank you, Mr. President. And to the previous speaker, I hope this wasn’t a small step, ‘cause it was an awful lot of work to make a small step. I think this is a big step forward 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 for Illinois and I ask you to vote Aye.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall House Bill 824 pass, notwithstanding specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote -- vote Nay. The voting is open. Have all -- have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. House Bill 824, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Clayborne. Senator James Clayborne, on House Bill 953, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move that House Bill 953 do pass, notwithstanding the specific recommendations of the Governor. Filed by James Clayborne.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne, to your motion, sir.

James F. Clayborne Jr. (D)

Thank you, Mr. President. House Bill 953 amends the Insurance Code to require that insurance -- insurers which deliver coverage for mental or emotional disorder shall allow individuals to select a licensed marriage and family therapist to treat the disorder. Unfortunately, the -- the Governor added language to the bill that dealt with the -- that dealt with autism spectrum disorders that’s contained in Senator DeLeo’s bill. However, the -- the House overrode the Governor’s -- 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 amendment. And therefore, unfortunately, I had a choice whether to move forward with the -- the underlying bill, which is a good bill, or to let it die. So I chose to move forward as a result. So I would ask for a favorable vote in overriding the Governor’s veto.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Clayborne moves that House Bill 953 do pass, notwithstanding specific recommendations of the Governor. Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate Bill -- House Bill, excuse me, House Bill 953 pass, notwithstanding specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 58 Yeas, 2 Nays, 1 voting Present. Let me repeat that roll call. 50 Yea, 2 Nay, 1 voting Present. House Bill 953, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Clayborne, are you seeking recognition, sir?

James F. Clayborne Jr. (D)

Yes, I am. Point of personal privilege.

James A. DeLeo (D)

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

James F. Clayborne Jr. (D)

I was told by Joe that we have two new doorkeepers. Retired from the police department is Lora Nevins; and retired from the Springfield Police Department is Tom Mann. We want to welcome -- welcome them to the -- to the…

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Welcome. Welcome to the Senate. Senator Murphy, for what purpose do you rise, sir?

Matt Murphy (R)

Point of -- point of clarification, Mr. President. On the last bill, it had been my intention to vote Present.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) The record will so reflect your intention, sir.

Matt Murphy (R)

Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, continuing on Motions in Writing is House Bill 1432. Senator John Cullerton, do you wish to proceed, sir? On House Bill 1432, sir? Is -- is that a yes? He indicates he’d like to proceed. Madam Secretary, please read the gentleman’s motion.

Deborah Shipley

I move that House Bill 1432 do pass, notwithstanding the specific recommendations of the Governor. Filed -- filed by Senator John Cullerton.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton, to your motion, sir.

John J. Cullerton (D)

Yes. Thank you, Mr. President, Members of the Senate. This was a negotiated bill which passed unanimously in the -- in the Senate. We worked in the Insurance Committee with a number of different interests. We actually added an amendment to -- in negotiating this bill which took out one of the coverages of this insurance so that we were left with anorexia and bulimia that would be included in the list of serious mental illnesses 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 currently referenced in the mental health parity provision of the Insurance Code. The Governor had added a number of other provisions for treatment that would have been very costly and that was not agreed to by the House sponsor. So the House sponsor moved to override and he was successful and asked me to do the same. The underlying bill, therefore, is a bill that passed unanimously - an agreed bill. And I would ask that we join with all of the proponents, which included the Hospital Association, Voices for Illinois Children, and Psychiatric Society. And as I said -- Illinois State Medical Society. Everyone agreed. So, please, I would urge you to override the Governor’s amendatory veto.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Cullerton moves that House Bill 1432 do pass, notwithstanding the specific recommendations of the Governor. Seeing no discussion, Ladies and Gentlemen, the question is, shall Senate pass House Bill 1432, notwithstanding specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 Ayes, 0 voting Nay, 0 voting Present. House Bill 1432, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Luechtefeld, for what purpose do you rise, sir? Please give the gentleman your attention. Senator Luechtefeld.

David Luechtefeld (R)

Thank you. Thank you, Mr. President. Sitting in -- point 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 of personal privilege.

James A. DeLeo (D)

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

David Luechtefeld (R)

Sitting here in front of me and -- and beside Senator Bomke is a young lady from my district. Her name is Katrina Brundage and she will be interning for Senator Bomke over, I guess, the next six months or so. I don’t know. But, anyway, I’d like to introduce her, and if you’d give her a warm welcome, I’d appreciate it.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Will our guest please rise and be recognized? Senator Luechtefeld, did you say she’s going to be interning or replacing Senator Bomke? Okay, Ladies and Gentlemen, continuing on Motions in Writing is House Bill 4450. Senator Murphy, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move that House Bill 4450 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Matt Murphy.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy, to your motion, sir.

Matt Murphy (R)

Thank you, Mr. President. This was a bill moved through the Senate unanimously by Senator Hultgren that provided that victims of criminals would receive notice if the criminal had received any type of settlement, verdict or judgment in excess of five hundred dollars. And under the original bill, the -- 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 the victim would be recommended to a private attorney to explore their rights. The Governor changed that to have the victim speak with the Attorney General, which obviously is an additional logistical step for the Attorney General that we felt wasn’t necessary. So we are moving do pass, notwithstanding the specific recommendation for change of the Governor. And I’d urge your support.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Murphy moves that House Bill 4450 do pass, notwithstanding specific recommendations of the Governor. Seeing no discussion, the question shall be, shall the Senate pass House Bill 4450, notwithstanding specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 54 Yeas, 0 voting Nay, 0 voting Present. House Bill 4450, having received the required three-fifths majority, is declared passed, notwithstanding the -- the veto of the Governor. Senator Schoenberg, on House Bill 4527, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, could you read the gentleman’s motion?

Deborah Shipley

I move that House Bill 4527 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Jeff Schoenberg.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg, shortly to the motion, sir.

Jeffrey M. Schoenberg (D)

51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 Thank you, Mr. President and Ladies and Gentlemen of the Senate. I move that the Senate override the Governor’s amendatory veto of House Bill 4527. This legislation had to do with a modest increase in the annual equalization grants for public libraries. There were some undue burdens and constraints placed upon the libraries as part of the Governor’s amendatory veto motion which were really unnecessary. And I urge that we override that amendatory veto. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, Senate -- I’m sorry. Senator Schoenberg moves that House Bill 4527 do pass, notwithstanding specific recommendations of the Governor. Is there any discussion? Leader Watson, for what reason do you rise, sir?

Frank C. Watson (R)

Yes. Thank you, Mr. President. Appreciate it. Rewrite to do right. Now this is -- I’m -- I don’t know where they dream this stuff up. But you ought to read the analysis on this and what this is going to do or what it would do to the local little library districts all over this State, who, by the way, are controlled by local library boards. This would have required that every library in this State be open until 9 o’clock four days a week. Correct? I’m getting an affirmative response. This is -- and if you don’t do it, we’re going to take away your State funding, your State grant. What a way to do business. This is not what we are about in this State. We’re not about threatening people, putting ‘em out of business. That’s not what this is all about. We’re here to help people and do the right thing. The local control. We all believe in local 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 control and decisions ought to be made at the local level. Well, this is one of those decisions that ought to be made by local library boards throughout this State. We shouldn’t be doing it here in this Senate. Or we shouldn’t be doing it on the second floor in the administration. Shame on them. I can’t imagine who in the world down on the second floor, or in the Thompson Center, or wherever they are, dreams up this stuff. I can’t imagine. It’s just totally irresponsible. So I applaud Senator Schoenberg on what you’re doing, and welcome the opportunity for all of us to slam-dunk this one and vote Yes.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, the question is, shall House Bill -- 4527 pass, notwithstanding the specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. There’s 55 voting Aye, 0 voting Present -- 0 voting Nay, 0 voting Present. House Bill 4527, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Schoenberg, are you seeking recognition, sir?

Jeffrey M. Schoenberg (D)

Yes, Mr. President. I just wanted to point out that I - for the record, Mr. President - I was seeking to accommodate your request to be succinct. This was about the sixth bill that I’ve had on the Calendar today, either an override or an amendatory veto, and I appreciate the explanation, but it was really my intention to oblige the Chair and cut to the chase.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 I think there’s a message from the second floor. House Bill 4602. Senator Haine, do you wish to proceed, sir? The gentleman indicates he wishes to proceed. Madam Secretary, please read the gentleman’s very short motion.

Deborah Shipley

I move that House Bill 4602 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator William Haine.

James A. DeLeo (D)

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

William R. Haine (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill, 4602, was a bill which mandated coverage for shingles vaccine. As we know, this is a disability that is irreparable for the elderly. And the shingles vaccine can prevent that, and would save an elderly person a few hundred dollars to get that most important drug. The Governor added some very interesting recommendations having to do with the retirement or disability of firefighters. And I think those are worthy of consideration how -- in another bill. And the House has overridden this already. So, unless we override the shingles vaccine measure, the mandate on insurance companies will die, and it seems -- would be a disservice to our -- our elderly citizens to -- to do that. And I ask for an Aye vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, Senator Haine moves that House Bill 4602 do pass, notwithstanding specific recommendations of the Governor. Seeing no discussion, the question is, shall House Bill 4602 pass, notwithstanding the 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 4602, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Risinger, on House Bill 4653, sir. Do you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s motion.

Deborah Shipley

I move that House Bill 4653 do pass, notwithstanding the specific recommendations of the Governor. Filed by Senator Dale Risinger.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger, to the motion, sir.

Dale E. Risinger (R)

Thank you, Mr. President. As you recall, House Bill 4653 transferred some land that was vacant that was -- by the Department of Correction that was used for youth correctional purposes, been vacant for about eight years now. And this would transfer the land to the county to be used for correctional purposes for the mentally ill. It passed unanimously here and the Governor wanted to change some of the language that said instead of -- if it reverted and wasn’t used for public purposes, it’d revert back to the State. The Governor wanted the land appraised and -- and be bought by the county instead. If that was the case, then the county, if they did improvements to the land, would have to be paying for the appraisal of their 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 own -- own improvements. So, we ask for an override of the Governor’s motion -- veto.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Risinger moves that House Bill 4653 do pass, notwithstanding specific recommendations of the Governor. Is there any discussion? Senator Koehler, for what reason do you rise, sir?

David Koehler (D)

To the motion, Mr. President.

James A. DeLeo (D)

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

David Koehler (D)

Yes, I, too, would ask for an Aye vote on this. We share - - Senator Risinger and I share Peoria County on this, and this is an important issue for them. So, I would, too, ask for an Aye vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Ladies and Gentlemen, seeing no further discussion, the question is, shall Senate pass House Bill 4653, notwithstanding specific recommendations of the Governor. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 4653, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Ladies and Gentlemen. President Jones, for what purpose are you seeking recognition, sir? 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008

John O. Jones (R)

Yes. Thank you, Mr. President. A point of information to the Body. All the Floor action for the day is concluded. We do have the Senate Exec Committee that will be meeting very shortly when we adjourn. We will return tomorrow morning for Session. The Appropriations staff will be getting together with the House Appropriations staff so we can resolve the differences between the two Chambers. We still have the issue as relate to the substance abuse program, park and historic preservation groups that we want to take care -- we all agree on that and those issues will be addressed. But there are some other issues out there that must be addressed and as soon as both Chambers come together on that we’ll -- hopefully that will take place later this evening. But we can have an agreed bill that we can support and the House can support, and tomorrow hopefully we can get all those things taken care of. So we will be back tomorrow morning at 10 o’clock, and hopefully by then we will have some sort of agreement on the appropriation, as well as the sweeps bill, which will be before us tomorrow.

James A. DeLeo (D)

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

Dale E. Risinger (R)

Thank you, Mr. President. The Senate Republicans would request a fifteen-minute caucus before the committee hearing in Minority Leader Watson’s Office.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen -- that request is always in order, sir. The Republicans have asked for a caucus in Leader Watson’s Office immediately. The Executive Committee will meet 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislative Day 9/22/2008 in Room 12 at -- I’m sorry, in Room -- Executive Committee will be in 212 at the hour of 5:05. Executive Committee at 5:05. Thank you. Ladies and Gentlemen, being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m., Tuesday, September 23, the year 2008. The Senate stands adjourned. 58