PRESIDING OFFICER: (SENATOR LIGHTFORD) The regular Session of the 96th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by Driss El Akrich, Islamic Society of Greater Springfield, Springfield, Illinois.
(Prayer by Driss El Akrich)
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of April 1st, 2009.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.
Madam President, I move that the Journal just read by the Secretary be approved, unless some Senators has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Committee Reports.
Senator Silverstein, Chairperson of the Committee on 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Executive, reports Senate Bill 1536 Do Pass; Senate Bill -- 189 Do Pass, as Amended; Senate Resolutions 129 and 164 Be Adopted; House Bills 2239 and 2240 Do Pass; Senate Amendment 2 to Senate Bill 349, Senate Amendment 1 to Senate Bill 1477, Senate Amendment 3 to Senate {sic} Bill 210 and Senate Amendment 2 and 3 to House Bill 289 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, Resolutions.
Senate Resolution 189, offered by Senator Wilhelmi and all Members. Senate Resolution 191, offered by Senator Dillard and all Members. They’re both death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Resolutions Consent Calendar.
And Senate Resolution 190, offered by Senator Clayborne. It’s substantive.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, Messages from the House.
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 327. Passed the House, March 27, 2009. Mark Mahoney, Clerk of the 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 House. 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 No. 30. We have received like Messages on House Bills 30, 39, 71, 72, 163, 174, 177, 236, 268, 496, 529, 574, 617, 629, 641, 644, 655, 666, 693, 705, 707, 726, 745, 752, 758, 796, 806, 809, 812, 838, 849, 852, 899, 942, 998, 1034, 1053, 1087, 1088, 1107, 1142, 1150, 1175, 1188, 1197, 1202, 1292, 1316, 1322, 2247, 2253, 2263, 2275, 2285, 2286, 2325, 2331, 2332, 2335, 2352, 2353, 2388, 2409, 2435, 2440, 2448, 2541, 2546, 2610, 2686, 3217, 3606, 3637, 3642, 3649, 3656, 3661, 3673, 3676, 3677, 3682, 3690, 3705, 3714, 3716, 3717, 3718, 3746, 3787, 3833, 3859, 3872, 3878, 3885, 3934, 3981, 3991, 3994, 3997, 4008, 4013, 4021, 4027, 4030, 4036, 4046, 4049, 4054, 4177, 4182 and 4327. All passed the House, April 1st, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, House Bills 1st Reading.
House Bill 39, offered by Senator Koehler. (Secretary reads title of bill) House Bill 71, offered by Senator Sandoval. (Secretary reads title of bill) House Bill 72, offered by Senator Althoff. 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 (Secretary reads title of bill) House Bill 83, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 163, offered by Senator Althoff. (Secretary reads title of bill) House Bill 236, offered by Senator Link. (Secretary reads title of bill) House Bill 261, offered by Senator Jacobs. (Secretary reads title of bill) House Bill 327, offered by Senator Raoul. (Secretary reads title of bill) House Bill 496, offered by Senator Silverstein. (Secretary reads title of bill) House Bill 574, offered by Senator Schoenberg. (Secretary reads title of bill) House Bill 617, offered by Senator Holmes. (Secretary reads title of bill) House Bill 629, offered by Senator Demuzio. (Secretary reads title of bill) House Bill 644, offered by Senator Bond. (Secretary reads title of bill) House Bill 693, offered by Senator Noland. (Secretary reads title of bill) House Bill 705, offered by Senator Koehler. (Secretary reads title of bill) House Bill 752, offered by Senator Delgado. (Secretary reads title of bill) House Bill 758, offered by Senator Noland. (Secretary reads title of bill) 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 House Bill 809, offered by Senator Demuzio. (Secretary reads title of bill) House Bill 942, offered by Senator Righter. (Secretary reads title of bill) House Bill 1088, offered by Senator Collins. (Secretary reads title of bill) House Bill 1107, offered by Senator Righter. (Secretary reads title of bill) House Bill 1150, offered by Senator Silverstein. (Secretary reads title of bill) House Bill 1175, offered by Senator Frerichs. (Secretary reads title of bill) House Bill 1188, offered by Senator Koehler. (Secretary reads title of bill) House Bill 1202, offered by Senator Bond. (Secretary reads title of bill) House Bill 1292, offered by Senator Martinez. (Secretary reads title of bill) House Bill 1322, offered by Senator Althoff. (Secretary reads title of bill) House Bill 2005, offered by Senator Collins. (Secretary reads title of bill) House Bill 2247, offered by Senator Crotty. (Secretary reads title of bill) House Bill 2253, offered by Senator Maloney. (Secretary reads title of bill) House Bill 2285, offered by Senator Martinez. (Secretary reads title of bill) House Bill 2286, offered by Senator Crotty. 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 (Secretary reads title of bill) House Bill 2335, offered by Senator Haine. (Secretary reads title of bill) House Bill 2369, offered by Senator Jacobs. (Secretary reads title of bill) House Bill 2409, offered by Senator Garrett. (Secretary reads title of bill) House Bill 2451, offered by Senator Rutherford. (Secretary reads title of bill) House Bill 2541, offered by Senator Hunter. (Secretary reads title of bill) House Bill 2686, offered by Senator Cronin. (Secretary reads title of bill) House Bill 3606, offered by Senator Martinez. (Secretary reads title of bill) House Bill 3649, offered by Senator Silverstein. (Secretary reads title of bill) House Bill 3673, offered by Senator Koehler. (Secretary reads title of bill) House Bill 3717, offered by Senator Raoul. (Secretary reads title of bill) House Bill 3787, offered by Senator Althoff. (Secretary reads title of bill) House Bill 3859, offered by Senator Harmon. (Secretary reads title of bill) House Bill 3878, offered by Senator Forby. (Secretary reads title of bill) House Bill 3934, offered by Senator Raoul. (Secretary reads title of bill) 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 House Bill 3991, offered by Senator Steans. (Secretary reads title of bill) House Bill 3994, offered by Senator Bond. (Secretary reads title of bill) House Bill 3997, offered by Senator Hendon. (Secretary reads title of bill) House Bill 4021, offered by Senator Garrett. (Secretary reads title of bill) House Bill 4049, offered by Senator Noland. (Secretary reads title of bill) House Bill 4182, offered by Senator Munoz. (Secretary reads title of bill) 1st Reading of the House bills.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Will all Members within the sound of my voice please come to the Senate Chamber? We are going to the Order of 3rd Reading. Will all Members, please, at the sound of my voice, please come to the Senate Floor. We will be going to 3rd Readings. This is final action. 3rd Readings. Senator Hendon. Senator Hendon, to the Chair, please. Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Okay, Ladies and Gentlemen of the Senate, you all know when I’m in the Chair it’s an indication that we’re going to pick up the pace until Senator Lightford gets back. Senator Althoff.
Before you pick up the pace, I’m -- point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 State your point, madam.
Thank you very much. I have two very, very important guests with me today. I have the brothers. I have Frank and Robert Vaughn. Frank is eleven. He goes to Central School and he loves to act and deal with splatter paint. Robert is nine. He also goes to Central School. He loves to play basketball. And these are the sons of Margaret Vaughn, who all of you know, work here in the Capitol. They’re just going to spend a little bit of time today with me to see how government works. Can we welcome them to the Senate Chambers, please?
PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate, the little Vaughn boys. Stand up and be welcomed to the Senate. We know your mom. Welcome to the Senate. You’ll learn how to act right here, because there’s a lot of actors and characters in the Illinois Senate. Please turn your Senate Calendar to the bottom of page 41. We’re going to start with 3rd Readings. Will all Members under the sound of my voice please come to the Senate Floor? We’re going to start with 3rd Readings and I will be doing 3rd Readings until Senator Lightford returns. Senator Schoenberg, on Senate Bill 44. Out of the record. Top of page 42. Senate Bill 74. Senator Haine. Madam Secretary, please read the gentleman’s bill.
Senate Bill 74. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Haine.
Mr. -- Mr. President, Ladies and Gentlemen of the Senate, this is an initiative of the Illinois Commerce Commission. It certifies 9-1-1 providers to assure that they are competent providers of this service.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall Senate Bill 74 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 57 voting Aye, none voting Nay, none voting Present. Senate Bill 74, having received the required constitutional majority, is declared passed. Senate Bill -- Senate Bill 77. Senator Clayborne. Senator Clayborne seeks leave of the Body to return Senate Bill 77 to the Order of 2nd Reading for the purpose of amendment. Is leave granted? Leave is granted. Now on the Order of 2nd Reading is Senate Bill 77. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 2, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. President and Madam Secretary and Members of the Senate. Senate Bill 77, Committee Amendment No. 1 is a technical amendment that seeks to clarify the Section of the bill referring to ISAC being able to establish systems and 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 programs to encourage employers to -- to match employee contributions for 529 college savings program. It -- it eliminates a phrase - “and its programs of grants and loans”.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Majority Leader, that’s Amendment No. 2, correct?
That’s correct.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any other Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 77. Madam Secretary, read the bill.
Senate Bill 77. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Yes, thank you. Senate Bill 77 just encourages -- provides a mechanism for employers who want to make contributions to their employees’ 529 college savings program.
PRESIDING OFFICER: (SENATOR HENDON) 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Is there any discussion? Seeing none, the question is, shall Senate Bill 77 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 77, having received the required constitutional majority, is declared passed. Senator Lightford in the Chair.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator -- Senator Clayborne, on Senate Bill 78. Madam Secretary, read the bill.
Senate Bill 78. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.
Thank you, Madam Secretary. I’ve carried this bill for several years and it’s still a work in progress, but we’re very close to resolving this. There will be changes made over in the -- the House. And basically, we’re trying to find a way to consistently, throughout the State, assess mobile homes and manufactured homes. So we still have some changes to go. Pretty much everybody’s in agreement, but the actual change will be made over in the House.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Maloney. Senator Righter. 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
…you -- thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will. Senator Righter.
Thank you, Madam President. Senator Clayborne, I know this is an effort that’s been ongoing for a number of years, certainly since the time that I’ve been in the Senate, and I think longer than that. One of the issues that has been raised to me time and time again, both here and back home, has been the notion of grandfathering - that the people who purchased these homes under the auspices of paying a privilege tax will not now be subject to a property tax. They may have invested in this type of home with the understanding or the belief that they were not going to have to pay a property tax; they’re going to pay a privilege tax. And they’ve -- they’ve set forth a financial plan for themselves and their families that relies on that assumption. What does your bill say about grandfathering?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.
I would -- this is the first time that issue has come up and I’m more than willing to look at that and -- and address that. Whatever we pass will have to come back for concurrence and I’m more than willing to sit down with you or anyone else, Senator Righter, to address that issue.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter. 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
So, does your bill not say anything about grandfathering? I guess what I’m asking, Senator Clayborne, that as it stands today, would -- if this bill became law, would individuals who had -- previously purchased these homes suddenly now be subject to a property tax even if they’d been living in them for a year or two years or ten years?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.
Off the top of my head, I don’t think the law -- new law would apply to them, because it deals with how we will treat those homes that are outside the mobile home park. So, I -- I know they’re willing to give an effective date that will deal with the current situation going forward.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
It’s -- it’s -- I don’t -- I don’t know that it’s an issue of an effective date, Senator. I think it’s an issue of explicit language in the law that says that this bill would only apply to homes purchased after a certain date. I mean, that’s a pretty simple phrase to put in there. But, right now, you don’t know whether that phrase exists in the text of the bill? Because if it doesn’t exist in the bill, then I would assume that most assessors are going to assume that it’s -- that -- that it’s wide open and that they can -- they can assess now based on the property tax method to even homes that are existing today. So, I guess I’m still trying to get a feel for how you 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 think the bill reads right now.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.
As I said, Senator Righter, I’m more than willing to sit down and make sure that we address some of those concerns. You know, I -- I -- I’m reluctant to give you that answer ‘cause I have not talked with the assessors in this process. But I am more than willing to sit down with you and anyone else and put that on the table and try to address it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Lauzen, for what purpose do you rise?
Thank -- thank you, Madam President. Just a question for the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Will the sponsor yield? He indicates he will.
Senator, thank you very much for all your work on this bill. I know how important it is to everybody who’s involved. Can you describe the opposition of the bill in its current form - the opposition from the Mobile Home Owners Association of Illinois?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.
Well, I mean, obviously, I think Senator Righter brought the issue up, and -- and typically in this process, everybody thinks there’s a slippery slope. So you -- you’ll have some 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 people think that we’re going to go into the parks next. We’re not going to go into the mobile home parks. All we’re saying, basically, is to create a consistent method of how the assessors assess the property. And we’re saying that if you move a house -- if you move a mobile home or manufactured home out into a residential neighborhood, we want to make sure you’re treated like that house next door to you. That’s all.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne, to close.
As -- as I said, that this is a -- this is a work in progress. This is the first time in, I think, four or five years that I’ve carried this bill that all sides are in agreement that we will come up with a proposal that’ll satisfy everyone. And I just would ask that you pass this out to keep the process going. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 78 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Aye, 5 voting Nay, and 1 voting Present. Senate Bill 78, having received the required constitutional majority, is declared passed. Senate Bill 80. Senator Link. Senate -- Senator Link seeks leave to -- of the Body to return Senate Bill 80 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 80. Madam Secretary, are there any Floor amendments approved for consideration?
15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Floor Amendment 4, offered by Senator Link.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Thank you, Madam President. This repeals the -- currently allowing private schools and churches for polling places set up to ban all electioneering. Be more than happy to explain it on the final bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Senator Link. Are there any further Floor amendments approved for consideration?
Floor Amendment 5, offered by Senator Link.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Thank you, Madam President. What this is doing is mainly technical and clarifying where signs can be posted. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Righter.
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will for a question on the amendment, Senator Righter.
16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 You know, I’m sorry. I apologize for that. I’d like to reserve my questions for 3rd Reading. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) No problem, Senator. Seeing no discussion, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 89. Senator Dahl, do you wish to proceed? Senator Link. Bear with me, beginner’s luck here on 3rd Readings. Senator Link, on Senate Bill 80, as amended. Madam Secretary, read the bill.
Senate Bill 80. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Thank you, Madam President. Basically what Senate Bill 80 does, as amended, clarifies the constitutionality of placement of signs and lack of placement of polling sign -- of campaign signs at polling places and at early voting. What this does is prohibit signs at early polling places and at polling places on Election Day. It brings into conformity of -- the Election Code so that all polling places throughout the State are treated 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 equally. The State was not in conformity before, according to the Constitution. By these amendments and this bill, we bring it into conformity. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Righter.
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will.
Senator Link, I -- I know that you have done a tremendous amount of work on this legislation and I really don’t have an issue with the sign portion, if you will, of your bill. I think that you’ve worked and worked and put that in pretty good shape. But I want to make sure that everyone in the Chamber understands that this bill - it’s my understanding - will also reverse a change that was made in Illinois law several years ago with regards to the right, or the ability, of private schools and churches who rent their facilities to the local election authority and their ability to prohibit the passing of palm cards. It’s my understanding that current law allows them to prohibit that if they so choose. Are you changing that in Senate Bill 80?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Thank you, Senator Righter. They never had the right to 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 prohibit people from passing or circulating palm cards at that time. That’s a constitutional right. What they were prohibiting was signs at those locations, which was something that we were in nonconformity of the Constitution of the State of Illinois, which clearly states that we have to be in conformity of all polling places. So to bring it into conformity, we are prohibiting signs at all polling places in the State of Illinois. And as far as somebody electioneering at a polling place past a hundred feet, we cannot take the First Amendment right away from them and that still is allowed.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
You -- you’re not quarreling, Senator, with the notion that the current law - the current Illinois law - says that a church or a private school can prohibit any electioneering or soliciting. I mean, you’re not disagreeing with that. Is that -- is that correct?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Correct, and that’s why we were bringing it into the -- it was a violation of the Constitution and we are bringing it into conformity of the Constitution, because you were prohibiting them of their constitutional rights, and that’s why we are changing that so they do have that right of their First Amendment to stand out there in front of the polling place within the hundred -- with -- past a hundred feet to stand there and talk. But they cannot have signs out there. So, if Senator 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Righter wants to stand at this church or private school, he has the right to do that, but he does not have the right, under this law, at any polling place in the State of Illinois to have signs located at the polling place a hundred feet or any other location on that property.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Thank you, Madam President. So, Senator Link, your assertion that the law in Illinois, as it stands currently, that would allow a church or a private school to prohibit this electioneering or soliciting, different than other places, is unconstitutional. What is that assertion based on? I mean -- I mean, other than a reference, with all due respect, to the First Amendment. I mean, do you have a case? Can you tell me about a court ruling or something like that that you say forces this change in Illinois policy?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
It -- it’s based on the fact that, on that day, the church is operating as a public function and it is no longer considered a church that day. It is renting out that facility for a public function and it falls under the guidelines of the State and it has to be under the uniformity code of every other election facility throughout the entire State.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no -- oh! Senator Righter, for further discussion.
20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Madam President. Senator Link, I -- I understand your assertion and your feeling on this. What I’m asking you is, can you provide for other Members, who maybe are not intimately familiar with the cases underneath the First Amendment, with a case, with some statement from a -- a court - a federal court, even a State court - that says that provision, or a provision like it, in Illinois law is unconstitutional? I mean, if that’s -- if -- if you think it’s bad policy, then that’s fine. But if you’re saying it’s not just bad policy but it’s unconstitutional, then can you give us a little help on the basis for the claim that it’s unconstitutional insofar as a ruling from a court?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Supreme Court ruling of People versus DiGuida states that a -- a private facility becomes a public facility if it is rented out on that particular day. And that’s the Supreme Court ruling on that. So that it now becomes a public facility on Election Day once it rents out. So it has to follow the guidelines of that particular law, which is what we’re trying to bring it into uniformity on, so that the guidelines are the same for all polling places.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Yes, Madam President. Good to see you there in that position. May I -- will the -- will the Senator yield for one quick question? 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will.
So I’m confused now as a result of Senator Righter’s effort to clear it up. Your -- your bill, in essence, in -- is an attempt to accommodate some church’s objection to signs by saying that, okay, we’re not going to have signs anywhere. Right? That’s the essence of it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Yes, Senator Haine, because we could not draft any type of amendment that would make the uniformity of all polling places the same. We were trying -- we were trying to get creative to answer the churches, answer private functions. The only way we could come up to make it uniform was either allow all places to have all signs or have all polling places have no signs. So when we brought it up to committee, the committee decided -- I brought up both amendments and the committee voted unanimously to have no signs. So that’s what we decided. There will be no signs at any polling places throughout the State of Illinois for uniformity.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
And the rest of it is merely a -- a recognition that a candidate may stand there at the polling place. That’s -- that would be consistence in every polling place in -- in Illinois. That’s all it is. 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no further discussion, Senator Link, to close.
Senator Haine, you were totally correct on what your statement is. All this is, is bringing uniformity into the State of Illinois to all the polling places. I think we answered the concerns of private, church. But what we want to do is bring this into -- so that there would not be any lawsuits or any discrimination of any individual’s rights. And I think this is the best way. I would ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 80 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there is 50 voting Aye, 7 voting Nay, and 0 voting Present. Senate Bill 80, having received the required constitutional majority, is declared passed. Senate -- Leader Radogno, for what purpose do you rise?
Thank you, Madam President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
I have with me today a Page from my district. This is Kelly Tischler. Her mom, Beth, is up in the balcony. Kelly is a freshman at Downers Grove South High School and she’s just here to see the process today. Her brothers are over in the 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 House.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please welcome Kelly and her family to the General Assembly. Would the guests in the galleries please rise? Thank you. Senator Munoz, for what purpose do you rise?
Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.
Madam President, Ladies and Gentlemen of the Senate, I have two Pages here with me today. On my left is Eddie Gomez, Jr., who’s a fifth grader from Joliet Montessori. He scored a ninety-nine percent on his ISAT. He plays the piano and the bass. I also have José Hernandez, an eighth grader at Whitney Young. His ISAT was also a ninety-nine percent. He’s on the math team and he’s also a math tutor. Also behind me, I have José’s mom, Roxanne, and Eddie Jr.’s dad, Eddie Sr., and the brother, Chris. If we can welcome them, I’d really appreciate it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please welcome Senator Munoz’s guests to the Chamber. Young man, you’re doing a fine job. Keep up the great work. Senator Lauzen, for what purpose do you rise?
Thank you very much, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point. 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
I would like to ask the Senate to welcome a couple of friends from back home in the Aurora-Sugar Grove area. Michael and Sue Ochsenschlager are here today with their grandsons from Aurora. Their grandsons are B.J. Rodriguez, who is twelve years old, and T.J. Ochsenschlager, fifteen years old. They’re in the gallery right here. And I would just ask the Senate to welcome them.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Will our guests in the galleries please rise and be welcomed to the Illinois General Assembly? Thank you for being here. Senate Bill 89. Senator Dahl. Senator Dahl, do you wish to proceed? He indicates that he does. Senator Dahl seeks leave of the Body to return Senate Bill 89 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 89. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 4, offered by Senator Dahl.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dahl.
Thank you, Madam Chair. Floor Amendment 4 becomes the bill. Changes the phrase “petrochemical facility” to “petrochemical processing facility” and also adds natural gas extraction and fractionation facilities. I’ll be happy to answer questions on 3rd.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. May we quiet it down just for a moment, please? Thank you. I know we’re trying to get out of here today, so bear with me. Senator Dahl, now on the order of Senate Bill 89, do you wish to proceed? The Senator indicates that he does. Madam Secretary, read the bill.
Senate Bill 89. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dahl.
Thank you, Madam Chair. Section 9-45 of the Property Tax Code allows power generating and automotive manufacturing plants to enter into assessment settlement agreements with affected taxing bodies in counties over three million. This bill also allows this in counties under one million and -- and adds the petrochemical facilities to -- to the bill, along with natural gas extraction and fractionation facilities. This is a bill that was brought to me by Grundy County. They’ve had an issue in the past where the assessment on some of these large plants has been argued in -- in -- in courts and the -- the companies have won and the taxing bodies are now obligated to pay back 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 huge refunds in -- in property taxes. This is agreed upon between all taxing bodies and the county and the facilities. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no questions, the question is, shall Senate Bill 89 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 75 voting Aye -- 57 voting Aye, 0 voting Nay, and 0 voting Present. Senate Bill 89, having received the required constitutional majority, is declared passed. The Chair recognizes Representative Connie Howard to the Senate Floor. Please welcome Representative Howard. Senator -- Senate Bill 90. Senator Harmon, do you wish to proceed? Senator Harmon seeks leave of the Body to return Senate Bill 90 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 90. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 to Senate Bill 90 makes some technical corrections and changes. I’d ask for its adoption and debate the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senate Bill 90. Senator Harmon, do you wish to proceed on the Order of 3rd Reading? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 90. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 90 has been before this Chamber in various forms. It’s colloquially referred to as the “cross-reporting bill”. In its essence, it asks that animal welfare investigators who observe child abuse report that to the proper authorities and child abuse investigators who observe animal abuse report that to the proper authorities. The bill now is in essentially the final shape it was in when it passed the House in the last General Assembly. The Senate had passed an earlier version that was substantially similar as well. The bill got caught in the debate over administrative rules. I believe it is now in a form that would be acceptable to both Chambers, and I ask for your Aye votes. 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no discussion, the question is, shall Senate Bill 90 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 90, having received the required constitutional majority, is declared passed. Senate Bill 95. Senator Harmon. Do you wish to proceed? He indicates that he does. Senator Harmon seeks leave of the Body to return Senate Bill 95 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 95. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. The underlying bill, Senate Bill 95, creates the Care for {sic} (of) Students with Diabetes Act. This again is a bill that has been before the -- the General Assembly for some time. I would ask the guidance from my colleagues as to whether or not we should adopt the amendment. The bill itself is a shell bill. The amendment was introduced in an effort to advance something noncontroversial to the House so negotiations could continue. We did encounter some objections in committee from the IEA and the IFT. The bill itself is -- or the amendment itself is from the alliance of -- of school boards and whatnot. I would be 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 happy to move this as a shell. I’d be happy to move it with the amendment. I’d be curious to know what folks think about either process.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion on Floor Amendment No. 1? Senator Cronin.
Thank you, Madam President. Yes, in response to your query - and thank you very much, Senator Harmon; that’s very courteous and thoughtful - I was just notified at the eleventh hour that there are some strong objections from some in the private school community, most notably the homeschool community. And so my suggestion, since you’ve asked, would be that we pass this bill or we proceed with the bill as a shell and then those concerns from the homeschool community, along with the other concerns, could be addressed in the House.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. Thank you, Senator Cronin. With that advice, I would ask to withdraw Floor Amendment No. 1 to Senate Bill 95 and to proceed as a shell bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor has requested to withdraw Floor Amendment No. 1. Floor Amendment No. 1 has been withdrawn. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 3rd Reading. Senate Bill 95. Senator Harmon, do you wish to proceed? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 95. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. As discussed on 2nd Reading, Senate Bill 95 is a shell bill without an amendment. It is intended to accommodate any agreement we reach with respect to the care for students with diabetes in school. There have been a broad range of suggestions and I look forward to working with Leader Tom Cross in the House to conclude those negotiations and to come back to you with a concurrence vote. I ask for the -- your Aye votes on the shell bill, Senate Bill 95.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill -- seeing no further discussion, the question is, shall Senate Bill 95 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 95, having received the -- required constitutional majority, is declared passed. Now on the order of Senate Bill 108. Senator Harmon, do you wish to proceed? He indicates that he does. 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Harmon seeks leave of the Body to return Senate Bill 108 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 108. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 108, I believe, is a shell bill. The amendment would add language from past General Assemblies, creating the Public-Private Partnership for Transportation Act. It is my intent to adopt the amendment and hold the bill on 3rd Reading so that Senator Risinger and I can continue our discussions on public-private partnerships during the Session and over the summer. So I move for the adoption of Floor Amendment No. 2.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senate Bill 109. Senator Harmon. Do you wish to proceed? He indicates that he does. Madam Secretary, read the bill. No. No. Out of the record. Senator Harmon, on 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate Bill 111. Out of the record. Senator Harmon, on Senate Bill 112. Out of the record. Senator Harmon, on Senate Bill 120. Out of the record. Senator Harmon, on Senate Bill 133. Senator Harmon wishes to proceed. He seeks leave of the Body to return Senate Bill 133 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 133. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 133 is a shell bill. The amendment becomes the bill. I’d move for its adoption and ask to debate the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. Floor Amendment 2 is a continuation of Floor Amendment No. 1, offering some technical 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 corrections and rewrites. I’d move for its adoption.
PRESIDING OFFICER: (SENATOR LIGHTFORD) There any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senate Bill 133, now on the Order of 3rd Reading. Senator Harmon, do you wish to proceed? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 133. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 133 is an initiative of a constituent of mine, Mr. Joel Sheffel, who runs the West Suburban News Agency {sic} (West Suburban Access News Association) for people with disabilities. In it -- its essence, it would require local governments that employ the mandated ADA coordinator under the Americans with Disabilities Act notify residents of that person and how to get ahold of that person. We have some drafting errors with the amendment - I want to make sure the Body’s aware. But we have arranged for a House sponsor and an 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 agreement to continue and amend the bill to correct those infirmities in the bill. But that’s the -- the essence of what the bill requires. I believe with the amendments that have been proposed, we will deal with any concerns that folks have. So I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no discussion, the question is, shall Senate Bill 135 pass -- 133 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 133, having received the required constitutional majority, is declared passed. Senate Bill 135. Senator Koehler. Do you wish to proceed? He indicates that he does. Senator Koehler seeks leave of the Body to return Senate Bill 135 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 135. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Yes, thank you, Madam President and Members of the Senate. Floor Amendment 1 retains the underlying bill and adds clarifying language regarding specific criteria to be included in the demonstration project. And I’ll talk about the rest of the bill on 3rd. I’d ask for your adoption. 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion on the Floor amendment? Senator -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of -- now on the Order of 3rd Reading, Senate Bill 135. Senator Koehler, do you wish to proceed? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 135. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Yes, thank you, Madam President and Members of the Senate. This is a bill that we passed last year and it’s -- it’s a very important bill. It comes to me from the ALS Foundation. And specifically, there’s a family in my district that is affected by this. But it sets up a demonstration project by the Department of Human Services and it allows a spouse of a -- of a care -- who is a caregiver to their other spouse who is, you know, afflicted with a -- debilitating disease to be able to qualify for Medicaid reimbursement. Currently, there are other states in the United States that do this and it really adds, I 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 think, a -- a better level of care and it also becomes cost- effective. One of the things that was unfortunately told to this family is that if -- since they were having a -- a economic hardship in this, that if they simply got divorced, that would solve the problem for them. Well, that’s something they chose not to do. So I think it’s a very important piece of legislation and I’d ask for your support. I know of no opposition to it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Risinger.
Thank you, Madam President. I rise in support. I have similar situations in my district and I think this is a -- a good solution to a -- a very tough situation. It’s a pilot program, one that the Senator’s taken great care to make sure that it doesn’t expand out of control. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Syverson.
Thank you, Madam President. I will also support this legislation and, Senator, I appreciate the fact that you’ve tried to tighten it up enough. But I think we need to know that this is expanding a program at a time when our State’s budget is difficult. And we talked earlier about slippery slopes, and the concern is that without the generosity of family members taking care of other family members, our State is never going to have enough money if we’re going to fulfill the obligations that children or spouses should be able to do. So I know what you’re 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 trying to do. Clearly your intent is good and makes sense. I guess I just want for the record to make sure people understand that this, unfortunately, could become a much bigger thing, which could end up being very costly. And I hope when this moves forward that they’ll keep it -- this tightly drafted. So, I appreciate the efforts you’ve made to tighten this up.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator McCarter. SENATOR McCARTER: I -- I understand what you’re saying, Senator Syverson, regarding families taking care of families. But at times, the spouse is -- ends up being the only one able of producing income in the household. So, it’s -- I think this is an important -- important program that we need to -- we need to look at and -- ‘cause I know of -- I know of, specifically, two families that I’m -- I’m -- personally have known throughout the years, had actually been -- considered whether they should be married because of the -- because of the way the -- the law trapped them. So, I -- I encourage everyone to -- to support this bill. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Koehler.
I -- just to close. Thank you for all those comments. And this is a demonstration project, so we’re going to keep tabs on it. But I appreciate what you’ve said and I’d appreciate your Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 135 pass. All those in 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, and 0 voting Present. Senate Bill 135, having received the required constitutional majority, is declared passed. Senator Jacobs, for what purpose do you rise?
Inquiry of the Chair.
PRESIDING OFFICER: (SENATOR LIGHTFORD) State your inquiry.
In an effort to reduce our workload and to move us along, I was wondering if there’s any provision to take Senator Harmon, Senator Link and Senator Raoul’s bill in one vote, so that we could move this thing along?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator Jacobs, for the inquiry. We will take it into consideration. Senator Link. Senate Bill 138. Senator, do you wish to proceed? He indicates that he does. Senator Link, on Senate Bill 138. Madam Secretary, please read the bill.
Senate Bill 138. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Thank you, Madam President. Under this bill, no one may 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 occupy a newly constructed commercial building in any part of the State that does not have a building code in place unless there’s -- certain conditions are met. With these amendments, what we have done is we’ve -- we’ve instituted a lot of codes that -- where we got the Illinois Municipal League, the Illinois Counsel for {sic} (of) Code Administrators, the Building Officials, the Illinois Chiefs -- Fire Chiefs, the Illinois Fire Inspectors, State Farms {sic} and others on board with this. We still have a work in progress on this. There will be work in the House on this bill. There will be discussions. But I will be more than happy to answer any questions on this.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Righter, for what purpose do you rise?
Just on behalf of Senate Bill 138, Madam President. I know that Senator Link has done a great deal of work on this. This bill did pass out of committee unanimously and I would urge its support. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no further discussion, the question is, shall Senate Bill… I’m sorry, Senator Risinger. I didn’t see you in the corner there. Senator Risinger, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates that he will.
40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator, I know you’ve done a lot of work on this. The Municipal League is now in favor. I know we had a lot of small communities that were complaining about it to begin with, but I know you’ve done a lot of work since then, and I kind of lost contact. Is that the kind of work that you’re going to proceed with as it moves forward?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
The Municipal League is either neutral or on board with it now. So, that concern has been rectified on all this. Some of the mechanical codes with the pipe trade is what we’re working on. That’s what we have to work on now.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link, to close.
Just ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Question is, shall Senate Bill 138 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 2 voting Nay, 0 voting Present. Senate Bill 138, having received the required constitutional majority, is declared passed. Senator Forby, for what purpose do you rise?
Something happened with my freedom. I don’t know what happened to me. I need a Yes vote on that last vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 The record will reflect that Senator Forby intentions were to vote Aye on Senate Bill 138. Senator Silverstein, on the order of Senate Bill 146. Senator, do you wish to proceed? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 146. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Silverstein.
Thank you, Madam -- thank you, Madam President. This amends the Election Code. Requires that any paid telephone message that advocates the nomination -- the nomination, election, or defeat of an individual candidate for State or local must be preceded by a statement of who is paying for the call.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Righter.
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will.
Senator Silverstein, I voted for this bill in the Elections Committee - I think everyone in the Elections Committee voted for this - but since then, a staff -- a staff person has brought to my attention a concern with regards to the fact that we might 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 be brushing up against a -- the constitutional right of an individual to make calls or pay for calls and not have to publish who’s paying for them. Now, earlier I was mildly abused by Senator Link for maybe -- maybe violating the Constitution, so now I’m going to stand up for it, and wonder if Senator Silverstein shares my concerns that there may be a problem with applying this statute to an individual.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Silverstein.
Thank you, Senator Righter. Your staff is right. There was a case, People versus White, which really brings this into question, but what I would like do is, I’m going -- if this gets out of the Senate, I’m going to amend the bill in the House so the -- only name of the sponsoring organization will be listed. I’m going to take out the remaining paragraphs and the name of the chairperson or treasurer of the political party or organization sponsoring the matter or the name of the individual who is responsible for the matter. So that would alleviate, I think, your concerns and would be on constitutional footing.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Thank you, Madam President. With the sponsor’s commitment with regards to that change and that we’re being clear with regards to the Constitution, I certainly rise in strong support of Senate Bill 146 and urge its passage.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Silverstein, to close. 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
And -- and I want to thank your staff for pointing that out. So, thank you very much. I ask for a favorable roll call based on that commitment.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Question is, shall Senate Bill 146 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 146, having received the required constitutional majority, is declared passed. Senate Bill 148. Senator Harmon, do you wish to proceed? Senator Harmon seeks leave of the Body to return Senate Bill 148 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 148. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon, to explain Floor Amendment No. 2.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 148 itself deals with the camera enforcement of traffic violations at railroad crossings. The amendment is a response to a concern raised by Senator Bomke in committee and limits the scope of the bill to those railroad crossings with a gate. I move for the adoption of Floor Amendment No. 2. 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senate Bill 148. Senator Harmon, do you wish to proceed? The Senator indicates that he does. Madam Secretary, read the bill.
Senate Bill 148. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. As I mentioned on 2nd Reading, Senate Bill 148 deals with camera enforcement of traffic violations at railroad crossings. The camera enforcement at railroad crossings was one of the first areas where we authorized cameras to be used to enforce traffic violations. In the wake of an accident in Elmwood Park in my district several years ago at a very dangerous railroad crossing, the village sought to install cameras to -- to deter motorists from driving onto the tracks. There has been a gradual evolution in camera enforcement. We now have red light cameras. This would modernize the railroad 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 crossing provisions to permit the same sort of cameras be used and the same enforcement mechanism imposed at the railroad crossings. I know it’s a somewhat controversial issue. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Bomke, for what purpose do you rise?
Thank you, Madam President. To the bill: I have not -- I’m pretty certain I’ve never voted for the red light enforcement since it’s been coming up over the last number of years, but I am going to support this one. And I thank Senator Harmon for his efforts in amending the bill to make it only at the cross-arm crossings, rather than at all railroad crossings. It seems to me that anyone who intentionally goes around a cross arm is obviously breaking the law and I think it’s an appropriate usage of the cameras at those particular crossings. But for anyone who is interested or concerned about the red light cameras, this happens to be one of those. Although, I think this is an appropriate usage of them. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff, for what purpose do you rise?
Thank you, Madam President. I, too, rise in support of this piece of legislation. There was one of the most fatal accidents in Fox River Grove, which is in my district, as well as Senator Duffy’s. They’ve been waiting for this legislation for a long time. I thank the sponsor very much and I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Sandoval, for what purpose do you rise?
To the bill, Madam President. Just want to remind Members of the Illinois Senate that this -- Senator Harmon’s bill, Senate Bill 148, passed the Illinois Senate Transportation Committee unanimously with a bipartisan vote. And I -- I want to commend the sponsor for making sure that one of the most dangerous crossings in the State of Illinois is going to be a lot safer tomorrow. I ask an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dillard, for what purpose do you rise?
Thank you, Madam President and Members. You know, unlike some who have characterized the red light camera at intersections as a revenue generator for municipalities, this particular railroad crossing provision is about lives. It’s not about money. With the inception of these cameras at crossings in the Chicagoland area, within a year, the number of fatalities at these crossings dropped by fifty percent. And I realize the reluctance of some of Senator Harmon’s and my downstate colleagues concerning railroad crossings and the whole “Big Brother” camera/government situation. But every day, especially in rush hour in the suburbs of Chicago, these trains go blazing through our communities. And literally, a few years ago, they were killing a person a day. It is epidemic the carnage that was happening and these cameras have cut these deaths in half, literally in half, saving life after life. And I appreciate the sponsor, and I know of that tragedy. I remember it was Thanksgiving weekend, Senator Harmon, where I watched in horror, 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 and fortunately nobody died in that unbelievable, horrific crash in Elmwood Park. But this is a reasonable piece of legislation. It modernizes the -- the railroad crossing evolution of cameras and this is a bill that saves lives. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hendon, for what purpose do you rise?
Thank you, Madam President. Normally, you know, I’m against all of these cameras, and as Senator Dillard just said, this is one time when it is not about just gouging the public and raising revenue. So I will be voting for this particular bill, but I do want to caution the Body that, you know, others are coming, because they want to put cameras on us on every street, every block, every road, every bridge, everywhere. So, while this one is drafted narrowly to deal with a serious problem, I’m going to vote for it. But beware that there are others coming which are only about the money and those I will be opposed to. But today I will vote with Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Jacobs, for what purpose do you rise?
I just would like to say that I think we have to be careful with putting the big toe in the tub. And I realize that the Senator’s trying to do the right thing. But it certainly seems to me that a camera takes a picture of people after the fact. So if it’s for insurance purposes, I think this is a good idea. But this is not going to save any lives. I mean, how -- how does a camera save a life? It seems to me, if you want -- if you want to say a camera will save a life, well, then, why not 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 put a camera on the top of my head that can follow me around? I mean, the -- people in this General Assembly, yesterday we voted that people don’t have to wear a helmet when they ride a motorcycle, and I was one of those people. And today I’m going to put cameras up to make sure that you’re safe. This is ludicrous - ludicrous.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no further discussion, Senator Harmon, to close.
Thank you, Madam President. I’d be happy to entertain an - - an amendment to install a camera on Senator Jacobs’s head. I’m not sure any of us would want to watch the tape. But this is a very serious issue and I -- and in -- in response to Senator Jacobs’s concern, it’s not that the camera will save lives; it’s the -- the presence of the camera will deter people from taking reckless action. And I’m very pleased to have such broad support from colleagues on both sides of the aisle who have been very concerned about this issue in the past. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 148 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 3 voting Nay, 0 voting Present. Senate Bill 148, having received the required constitutional majority, is declared passed. Now on the top of page 43. On the top of page 43, Senator Harmon, with Senate Bill 149. Senator Harmon, do you wish to proceed? Out of the record. Senator Garrett, on 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate Bill 153. Do you wish to proceed? The Senator indicates that she does. Madam Secretary, read the bill.
Senate Bill 153. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.
Thank -- thank you, Madam President. Senate Bill 153 requires school districts to allow IMRF trustees twenty paid days off for the purpose of attending IMRF board meetings and other hearings related to their work as a trustee. This bill allows IMRF to reimburse districts for the actual cost of a substitute.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 153 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 1 voting Present. Senate Bill 153, having received the required constitutional majority, is declared passed. Now on the order of Senate Bill 154. Senator Garrett. Senator Garrett, would you like to proceed? She indicates that she does. Madam Secretary, read the bill.
Senate Bill 154. (Secretary reads title of bill) 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Garrett.
Thank you, again, Madam President. Senate Bill 154 amends quorum provisions of the Condominium Property Act where there are twenty or more units. The bill requires the bylaws to prohibit in any vote regarding a bylaw amendment the counting for quorum purposes a unit over -- a unit owner who is sixty or more days in arrears on their regular and separate assessments. But this bill does allow the unit owner to vote in the regular meetings on different issues.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 154 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 154, having received the required constitutional majority, is declared passed. Senator Haine, on Senate Bill 171. Do you wish to proceed, sir? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 171. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Madam President and Ladies and Gentlemen of the Senate. This allows that a search warrant may be issued in the judge’s discretion on the basis of an oral sworn statement that is recorded via telephone or other electronic device. This is a departure from the usual rule that someone must appear personally in front of a judge. This is an initiative of the Illinois Appellate Prosecutor and the FOP and the Chiefs of Police. It expedites search warrants in matters of emergency or exigent circumstances, as they say. Judge Locallo of DuPage County has contacted me and wants to amend it, which I thought was a good idea, to add a proviso that the judge personally know the affiant or the witness. In larger counties that may be an issue. Smaller counties, we all know one another. So that’ll be done in the House.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Madam President?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will. Senator Righter.
Senator Haine, can you explain for me a little better under what circumstances we’re going to allow this kind of search warrant to be issued?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
If there’s been a homicide and they -- the police need a 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 search warrant immediately for some -- someplace and they do not want to -- they -- they - this is in the middle of the night - they can call a judge. They can have the device -- device record the conversation. The -- the affiant can put on the police officer’s sufficient testimony to authorize a search -- search warrant. I would say it’d be in -- it would be in a small number of cases, but there are some -- some cases have -- have -- have arisen, according to the State’s Attorneys Association, which would have certainly helped the administration of justice if they could have gotten to a judge quickly rather than search -- searching for a judge to be personally available.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Senator Haine, we’re having trouble finding in the bill where it’s limited to homicide cases. Can you reference that for us, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
I don’t believe it’s limited to -- to a homicide case. I - - I -- I used that as an example.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Is it limited in any fashion or regard? I mean, the notion of a written search warrant, you know, on a piece of paper that a defendant or a defense attorney or someone else can examine is 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 a pretty basic concept when it comes to search and seizure law and now we’re suggesting that a -- a recording, as opposed to something on paper, will suffice.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Senator, these -- the testimony has to be recorded and transcribed. So it will be in written form for review after the fact to see if probable cause was obtained. So I’m not understanding the objection.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Well, as you know, Senator Haine, typically, a search warrant is prepared on paper and then that document is taken to a judge and the judge reviews the application for the search warrant and the written affidavit before making a finding of probable cause. In the scenario you’re suggesting, the judge will make a finding of probable cause before anything’s reduced to writing, because that’s the whole point of the bill, I’m assuming, is we need to get it in a hurry. So, you’re going to make a finding of probable cause based on what the judge heard and then someone is going to type the transcript later of -- the warrant says. Is that the procedure that you’ve outlined in this bill?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
There’ll be a transcript made of the testimony. So it’s 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 not as if there -- something’s different. What is presented to a judge orally would -- would have been what -- what has been written under current law. But what is presented orally to the judge will be done -- will -- will be recorded and then transcribed so that a defense lawyer may review this to see if probable cause was in fact sufficient. So it -- it -- it merely expedites the process.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
I appreciate that it expedites the process. But there’s a reason why the process is not supposed to move too quickly, Senator, and I know you recognize that. Let me ask you, who is responsible for recording and who is responsible for the typing up of the transcript that the defense attorney gets to see later to see whether or not the warrant really established probable cause?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Senator Righter, that would be up to the court. The court would require sufficient evidence. The court would require these to be transcribed. The court is going to authorize the -- the warrant. There isn’t anything in this bill -- and the -- I presume the court will certify that the transcript is what actually took place. There’ll be a recording of the transcript. I mean an oral -- people will be able to hear exactly what the officer said. There isn’t anything here which departs from the customary review by a court. In fact, I would think that this 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 is actually more thorough, because the interchange and the questions from a judge to the officer will be recorded and transcribed. That does not happen when we find the judge in the middle of the night and say, here, judge, we have a search warrant need. And the judge sleepily looks at it and signs it. So this actually is better. But it doesn’t diminish the authority of the court to review this for probable cause. It just merely expedites this for the sake of the exigent circumstances that the police believe require this.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Righter.
Thank you, Madam President, for your indulgence. Senator, my -- my question -- my -- my most previous question was, who does the recording and who types the transcript?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
It says the statement shall be transcribed at the request of the judge or either party and certified by the judge and filed with the court.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Thank you, Madam President. In your experience, Senator Haine, would you expect the law enforcement authorities to do the recording and would you expect them also traditionally to be the ones who will type up the transcript of the conversation?
PRESIDING OFFICER: (SENATOR LIGHTFORD) 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Haine.
That’s a very good question. I would expect that the State’s attorney would have worked this out with the chief criminal judge of my circuit. And they would have established how this is going to be done to preserve the record for review. And -- and the mechanics of how it will be done will be in the final analysis up to a judge. Because if the judge doesn’t feel comfortable with it, it’s not going to be -- be -- be done. A judge will say, “I’m not going to sign this.” That’s what the judge from DuPage County -- he had a good point. What if the judge doesn’t know the officer? The officer is not in front of him or her. So I don’t mind putting in there “if the officer or the affiant is known to the court”. But in any case, the final analysis, this is up to a judge. And you have a transcript of the exchange.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dillard, for what purpose do you rise?
Thank you, Madam President. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he will. Senator Dillard.
Thank you. Senator Haine, there was a lot of consternation and talk when former President George W. Bush enacted the PATRIOT Act. Is it fair to characterize this as something similar to what George Bush did with the PATRIOT Act at the federal government level? 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
That’s a very interesting question, Senator Dillard. The answer is simply, no. The -- and I’m not sure what all was in the PATRIOT Act, but as I understand the criticisms - and I stand to be corrected - the criticisms of the PATRIOT Act were that the Department of Justice was doing an end run around the court. This -- this matter is actually controlled completely by a judge. And if the judges are not comfortable with it, it won’t be done. This is to expedite a search warrant, but if the judge doesn’t like it, it’s not going to be done. They just say, “I’m not going to sign this.”
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Haine, to close.
I -- I would ask for an Aye vote. This is an -- an initiative of the State attorneys who seem to feel that there is in a rare case - an infrequent case - a need for this. And the final analysis, again, to repeat, this is a matter that remains in the control of the court. The court issues the warrants. And this is reviewable to see if the court abused its discretion or the officer did something untoward. It’s recorded and transcribed at the request of the court. So I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. The question is, shall Senate Bill 171 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, 3 voting Nay, 3 voting Present. Senate Bill 171, having received the required constitutional majority, is declared passed. Chris Brooks from WICS-TV requests permission to videotape. Request is granted. Leave is granted. Seeing no objection, leave is granted. Got to get it right. Senator Althoff, for what purpose do you rise?
Point of personal privilege. And, Madam President, you’re doing a fine job up there.
PRESIDING OFFICER: (SENATOR LIGHTFORD) I appreciate that. Keep me going. State your point.
Directly behind me in the gallery, I have members of the Illinois ASCD. And ASCD is an association of Illinois educators, preschool to higher education. Illinois ASCD is a nonpartisan, nonunion group affiliated with one hundred and seventy-five thousand ASCD members worldwide. Illinois ASCD is here today with other members, its members’ resources to our legislator {sic}. And the Executive Director, Bill Dodds, of the Association for Supervision and Curriculum Development was formerly the superintendent of the Elementary McHenry School {sic}. Might we give them all a welcome, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome. Please rise in the gallery and be welcomed to the Illinois General Assembly. Thanks for being here. Now on the Order of Senate Bills 3rd Reading, Senate Bill 175. Senator Harmon. Out of the record. Senate Bill 176. Senator Harmon. Out of the record. Senate Bill 177. Senator Hunter. Senator 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Hunter. Out of the record. With leave of the Body, we will return to Senate Bill 186. Senate Bill 206. Senator Bond. Senator Bond seeks leave of the Body to return Senate Bill 206 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 206. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Bond.
Thank you, Madam President. This amendment becomes the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Are there any discussions? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 206. Senator Bond, do you wish to proceed? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 206. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Bond.
Thank you, Madam President. Senate Bill 206 sets up a task force to assist and study creating opportunities for disabled -- service disabled veterans and allowing them to participate in the procurement process in Illinois.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Righter, for what purpose do you rise?
Thank you, Madam President. Simply rise in support of -- Senate Bill 2006 {sic} and thank the Senator for his responsiveness to the concerns that were aired in committee about some of the language in the bill. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Bond, to close.
Just ask for a -- a favorable vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. The question is, shall Senate Bill 206 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 206, having received the required constitutional majority, is declared passed. Senator Munoz, for what purpose do you rise?
61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Madam President. For purpose of announcement. Ladies and…
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your announcement, Senator.
Thank you. Ladies and Gentlemen of the Senate, the Pages that I have here with me, their parents brought tamales from my district. So we have plenty. We have some here. The Pages can bring ‘em to you or if you want to send staff down to my office. Everybody’s welcome.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator, and thank your guests for being so kind. I’m sure they’re homemade and they’re delicious. Thank you. Now on the Order of Senate Bills 3rd Reading, Senate Bill 209. Senator Steans. Senator Steans indicates that she wish to proceed. Madam Secretary, read the bill.
Senate Bill 209. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.
Thank you, Madam Chair, Members of the Senate. This bill is an initiative of the Illinois State Bar Association. There had been a -- a Supreme Court case, Zinermon versus Burch, which requires that a person must be able to fully understand the procedures for voluntary admission to a mental health facility, including the right to be requested to be discharged. This bill 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 requires that a mental health facility director must in fact determine that the individual seeks admission -- seeking admission has the capacity to consent to this admission, consistent with the Supreme Court decision. It also outlines several factors which the admitting director must confirm -- use to confirm the individual understands. It also adds individuals who have been adjudicated as a disabled person to the list of persons who may be voluntarily admitted to a mental health facility. And states that a guardian dependent -- guardian of a dependent adult may not admit the dependent adult to a mental health facility except at the person’s request and when he or she has the capacity to consent to the admission.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 209 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 209, having received the required constitutional majority, is declared passed. Senator Collins, on Senate Bill 211. Senator Collins wishes to proceed. Madam Secretary, read the bill.
Senate Bill 211. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Collins.
63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 211 just clarifies that the enhancement to aggravated battery applies when the battery’s committed with an air rifle. We had this legislation during the 95th General Assembly, and when it passed over to the House, they amended it to matters unrelated to the original bill. So I would just ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 211 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 211, having received the required constitutional majority, is declared passed. Senator Forby, on Senate Bill 218. Senator Forby. Oh, I’m sorry, Senator Koehler. Senator Koehler, on Senate Bill 212. Do you wish to proceed, sir? He indicates that he does. Madam Secretary, please read the bill.
Senate Bill 212. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Thank you, Madam President, Members of the Senate. Senate Bill 212 amends the -- Sexually Transmissible Disease Control Act, requiring the Department of Public Health to establish an 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 expedited partner therapy program. The program allows a health care professional to prescribe antibiotics for the unexamined sexual partner of a person diagnosed with a sexually transmissible disease. Senate Bill 212 immunes a health care professional who complies with this Act from civil or professional liability, except for -- except for willful or wanton misconduct. This is a -- an important bill. It was brought to me by the AIDS Foundation. It’s -- it’s something that affects all of our communities and we certainly see it in Peoria, that where STDs are just growing at an alarming rate, and fifteen other states have put programs in. In the City of Baltimore, as an example, they have a pilot project on this and they’ve discovered that sexually transmittable diseases and reinfection rates have been reduced by forty-one percent. And I think it’s important that -- that we also do everything we can to get reductions in our own communities. This is supported by the CDC. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Althoff, for what purpose do you rise?
In support of the bill. I really also extend my support for this. Expedited partner therapy is a safe, effective and inexpensive new tool for healthcare providers to treat STDs. I know that many of the collar county Departments of Public Health are also supporting this initiative. A single dose of an inexpensive antibiotic that costs less than two dollars and fifty cents per dose can cure the most common sexually transmitted infections. The expedited partner therapy makes 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 financial and medical sense and it gives health care professionals a safe and effective way to safeguard their patients’ health. So I, too, would urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Syverson, for what purpose do you rise?
Excuse me. Thank you, Madam President. A couple questions of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates he will yield.
First, is there -- first, is there any age limit on this program - minimum age that a person can come in and -- and get this prescription -- or get these drugs?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Thank you for your question. No, there is not.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Syverson.
And also, this is -- so this would allow a -- a person, for example, fifteen or sixteen, who could go in, has a sexual disease, can get the medication and then that person is able to self-medicate their partner, not knowing what their partner’s health condition is, not knowing if these drugs will interact with that partner. You know, we -- we’re -- earlier today, we were debating over the issue of -- of diabetes, on whether or 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 not a trained person in the school has enough training to be able to give a medication to an individual. Here we’re asking - - we’re allowing young teenagers to get medications for their partners without their partners being examined, without knowing what the -- any interaction would be with that. I guess I’m concerned about the safeguards and how we can allow young children to decide what medications is best for their partners. Maybe you can help me with the response with that.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Yes, thank you, Senator. I -- I can certainly try to help you on that. This really puts the direction of -- of the treatment in the hands of the physician. And it’s only for sexually transmitted diseases and it’s only for distribution of antibiotics. So it’s a very narrow range here. But we know that if -- if this goes untreated, what happens is that -- that patient is reinfected by their partner, and that partner, if they have other partners, then reinfects others. And, you know, in our communities -- and I -- I deal with this all the time. You met my wife the other day. She’s a -- teaches community nursing at the Methodist College of Nursing. They work with social service agencies in our community. This is an epidemic. This is an epidemic and we have to begin to take this seriously and do everything we can to stem it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Syverson.
And -- and I would agree with that. The issue is, I think 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 this is the first time that we’ve allowed -- if -- I guess if antibiotics are this safe, we should make them over-the-counter. But we are allowing young children to prescribe antibiotics to other young children, without knowing anything about their health condition, without knowing if they’re even infected or not. We are -- we are allowing these individuals to go to their doctor and get potentially multiple antibiotics and distribute those to other children without having any health care professionals look at that individual to see if these medications are -- are even proper. So, I know what you’re trying to do. I guess my fear is we don’t allow this in any other area of medicine, where we allow people to self-medicate with -- with prescriptions, and I’m not sure why we would start here. I think we’d be better off having those individuals get their partners in to see a doctor so they can get the proper treatment that they need, as opposed to having children prescribing this medication.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler.
Thank you. I would certainly agree, it would be ideal to have the partner in to see the physician. The reality is that doesn’t always happen. This is not where the patient is directing the care. This is where the physician is directing the care. And, again, this is epidemic and we have to do something. We can’t just continue to bury our head in the sand on this.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Steans. 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill.
I just rise in support. I -- I really want to commend the sponsor of this bill. I know they’ve worked very hard on it to bring also the Medical Society on board and to work with the Trial Lawyers to make them comfortable with it. I don’t think there’s any known opponents to this bill. I -- it is as -- as Senator Koehler, the sponsor, indicates; this is a real crisis. In Cook County, there are some of the highest rates, if not the highest rate in the country, of STDs. With African-American girls in particular, it’s like one in two, they found in some cases, that have had STDs. This is a crisis that has to get addressed and the physicians need more tools to be able to do so. And I’m -- rise very much in support of this bill and thank the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator -- further discussion? Senator Delgado, for what purpose do you rise?
Thank you, Madam President. To the bill. Madam President, I, too, as a cosponsor and Chair of the Public Health Committee, rise in strong support of this legislation. As other speakers have mentioned, it’s very important to understand that, according to the AIDS Foundation, this is widespread throughout our -- our entire State. And anything that we can do to make sure -- like, for example, rates in Chicago, Pope, Peoria and 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 St. Clair counties are twice the statewide rates. And in addition, when we come to the fear of -- of children medicating other young adolescents, if you will, or to put the proper terminology, these are supervised by doctors. These are close- knit situations and very personal situations and life and death situations. This piece of legislation was debated at length in committee and, of course, as you can probably see on your screen, came out unanimously and is something that Illinois must take a lead on, and let’s stop being afraid to deal with reality and deal with what’s out there and not be afraid of what some people term as the “bogeyman”. I would expect all Aye votes on this and commend Senator Koehler on his diligent work and sticking to his guns on this. And I -- I look forward to seeing Illinois move forward as we should. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler, to close. Oh, I’m sorry, Senator Burzynski. That late light. Senator Burzynski.
Thank you, Madam President. It was late, but it was in reference to something the -- the previous speaker said. I don’t believe it came out of committee unanimously. At least according to my analysis, I don’t think it did. Maybe -- maybe Senator Koehler can just confirm that.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Koehler, to close.
Yes, Senator, you are correct. There was one No vote against the bill. I wish it were not necessary to have this bill. I really do. But it is necessary and we’ve seen what 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 kind of devastating effects that STDs have had in our communities. And I -- all I can ask you is to please consider giving this an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 212 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, 6 voting Nay, 0 voting Present. Senate Bill 212, having received the required constitutional majority, is declared passed. Senator Forby, on Senate Bill 218. Out of the record. Senator Forby, on Senate Bill 219. Out of the record. Senator Forby, on Senate Bill 223. Senator Forby, seeks leave of the Body to return Senate Bill 223 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 223. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Forby.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Forby.
Floor Amendment 1 becomes the bill. And what this bill is, is a clarification bill. It’s not expanding prevailing wages. All this does is get the clarification out, so people that bids on jobs knows that this job is a prevailing wage job - that might save the contractor a lot of money down the road. Department of Labor supports this -- support this bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 There any discussion? Senator Althoff.
No, I’ll wait till the regular bill. Thank you. I’m sorry.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 223. Senator Forby, do you wish to proceed? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 223. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Forby.
I just explained the bill, so I’ll try to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff, for what purpose do you rise?
Thank you, Madam President. I rise in support of this legislation. It actually is clarifying a practice that is 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 already in existence. Went through the committee with some discussion, but it did receive a majority of support. So I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no further discussion, the question is, shall Senate Bill 223 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 2 voting Nay, 0 voting Present. Senate Bill 223, having received the required constitutional majority, is declared passed. With Leave of the Body, we will return to Senate Bill 224. Senator Althoff, on Senate Bill 228. Out of the record. Senator Pankau, on Senate Bill 229. Senator Pankau seek leaves {sic} of the Body to return Senate Bill 229 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 229. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Pankau.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Pankau.
Thank you. Floor Amendment 2 corrects a technical error in the drafting.
PRESIDING OFFICER: (SENATOR LIGHTFORD) There any discussion? Seeing none, the -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Is -- are there any further Floor 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 amendments approved for consideration?
Floor Amendment 3, offered by Senator Pankau.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Pankau, to explain Floor Amendment No. 3.
Thank you. Floor Amendment No. 3 makes this permissive rather than mandatory and it also puts a five-year sunset on -- on the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 229. Senator Pankau, do you wish to proceed? She indicates that she does. Madam Secretary, read the bill.
Senate Bill 229. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Pankau.
This bill creates the banking convenience accounts for depositors. Right now, when you go in and maybe, as an elderly 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 person, you would want a second person on your account as a convenience to you to help pay bills and make deposits in case you should become sick or otherwise not be able to keep up with your financial affairs. This basically says -- it now creates a new account for your convenience. So the second signature on that account is only a convenience signature. It does not give them the right to {sic} (of) survivorship, which a two-person account now does. We have seen in the past where sometimes elderly people who put their children or maybe close relatives on there, when the person passes away, the second person in the account just takes all the money and says, “Well, Mom meant this for me.” And then the executor of the estate has to go back in and try and prove that Mom didn’t mean me to have this money. And so this convenience account sets up a process whereby as a convenience to you, you can have a second person on your account. But that does not mean that the money automatically goes to them upon your dying. It would go to the executor of your account and it would go through the normal process. I ask for your favorable approval.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Hendon, for what purpose do you rise?
I -- thank you, Madam President. I rise in strong support of the Senator’s bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you. The question is, shall Senate Bill 229 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 all voted who wish? Take the record. On that question, there are 55 voting Aye, 0 voting Nay, 1 voting Present. Senate Bill 229, having received the required constitutional majority, is declared passed. On the top of page 44, on the Order of 3rd Reading. Senator Raoul, on Senate Bill 231. Senator, do you wish to proceed? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 231. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Thank -- thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 231, as amended, is very similar to Senate Bill 2303, which passed the Senate last year unanimously. It clarifies that on or after July 1, 2010, the Department of Healthcare and Family Services shall not cancel the eligibility of a person because a person has become an inmate of a county jail, juvenile detention center, or State correctional facility. It also indicates that an inmate may apply for medical assistance thirty days prior to release. And finally, the arresting authority shall assume the -- the responsibility of medical care for inmates, except as provided in the County Jail Act. Ask for your support.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 231 pass. All those in favor will vote Aye. 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 231, having received the required constitutional majority, is declared passed. Now on the Order of Senate Bills 3rd Reading, Senator Steans, on Senate Bill 239. Senator -- Senator Steans seeks leave of the Body to return Senate Bill 239 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 239. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.
Floor -- Floor Amendment 3 deletes all and becomes the bill. And I’ll be happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 239. Senator Steans wishes to proceed. Madam Secretary, read the bill. 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Senate Bill 239. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.
This bill amends the Limited Liability Company Act to create a new entity called a “low-profit limited liability company” or an “L3C”. L3Cs are entities that are for-profit but first and foremost are being created for a social enterprise purpose or a public purpose. These will be also regulated under the Charitable Trust Act at the Attorney General’s Office. And there’s lots of criteria established in terms of if they do not any longer apply under the limited liability part of the Act, that they’ll become regular LLCs. The primary purpose for this is to generate -- enable foundations to put investments into for-profit companies that are being created for a social/public purpose. And the Donors Forum is the organization that brought this to me and the chair of the Social Entrepreneurial {sic} (Enterprise) Alliance in the Chicago area.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Seeing no discussion, the question is, shall Senate Bill 239 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take -- take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 239, having received the required constitutional majority, is declared passed. On the 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 order of Senate Bill 240. Senator Haine. Out of the record. Senator Muñoz. Senate Bill 243. Senator Munoz seeks leave to - - 243. Senator, 240 is out of the record. Senate Bill 243. Seeks leave of the Body to return Senate Bill 243 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 243. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Munoz.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Munoz.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment 2 is a technical amendment that clarifies that a seizure of vehicles that contain a secret compartment shall occur if there is a violation of Section 12- 612 of the Illinois Vehicle Code, which prohibits using a concealed compartment to conceal a firearm or controlled substance.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no discussion, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 243. Senator Munoz, do you wish to proceed? He indicates 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 that he does. Madam Secretary, please read the bill.
Senate Bill 243. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Munoz.
Thank you, Madam President. With this amendment, the owner of the -- the owner of a car who modifies it by installing a secret compartment with the intent to conceal either illegally transported firearms, controlled substances or methamphetamines would be committing a crime under this statute. A person who legally transports firearms would not be affected. I know of no opposition and I will answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 243 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? There we go. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, and 0 voting Present. Senate Bill 243, having received the required constitutional majority, is declared passed. Senate Bill 246. Senator Sandoval. Senator Sandoval wishes to proceed. Madam Secretary, read the bill.
Senate Bill 246. (Secretary reads title of bill) 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sandoval.
Thank you, Madam President, Members of the Senate. The -- Senate Bill 246 amends the Metropolitan Water Reclamation Act District {sic} (District Act) as relates to purchasing of emergency supplies. The dollar threshold for emergency purchases at the Water Reclamation District over the last twenty-five years has been twenty-five thousand. This bill increases that to fifty thousand. In light of the increase in pricing for emergency repairs, especially large infrastructure projects, the District has come to the Legislature for increasing their dollar threshold. I’d ask a favorable vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Garrett.
Thank you, Madam President. I forgot. I -- I tried to vote the last time around and we had problems with our -- our buttons and I would like the record to reflect that I would have voted Yes on Senator Munoz’s bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you. Let the reflect -- record reflect that Senator Garrett wished to have voted Aye on Senate Bill 243. Senator Murphy - on Senate Bill 246 - for what purpose do you rise?
Question of the sponsor, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator Murphy. 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
How will you define an emergency?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sandoval.
Thank you, Madam President. Well, emergency is defined by the Act of the Metropolitan Water Reclamation District. I will tell you that, when I was a commissioner at the District, examples of emergency actions are a rupture of the Deep Tunnel or a rupture of one of our pumping stations at the District.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Murphy.
How -- how many times a year do you have these emergency expenditures - in the past year?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sandoval.
Senator Murphy, it’s very seldom. I can tell you that when I served there for four years, in my acting capacity as Commissioner and Chairman of the Engineering Committee, I exercised that authority twice.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Murphy.
How many -- how many examples can you think of where the District was harmed in the past by the fact that the limit was twenty-five instead of what you seek to raise it to in this bill? And can you explain those circumstances for us? 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sandoval.
Senator Murphy, I can just share with you that the threshold of twenty-five thousand dollars is a very low threshold when it comes to major engineering and construction repairs, especially of sewer lines and major storm water infrastructure. Today, it’s very difficult -- if the Deep Tunnel were to rupture in an emergency situation, it’s very difficult to get an emergency contractor, like a Walsh or a Kenny Construction, to go out on the site and do emergency repairs with the understanding that he’s only covered up to twenty-five thousand dollars to get on the job and get going. So, it’s a very, very low threshold. We’re talking about major engineering construction projects.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Murphy.
…you. And -- and I can appreciate that concept. I don’t know whether they’re going to be able to do the Deep Tunnel for the fifty thousand either. But I -- is there a specific example that -- that brought this bill forward or is this just something that you -- you feel like they’ve been limited in, generally, and you just want to raise it? But if there’s a specific example, I’d be interested in hearing it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sandoval.
There are no specific examples, Senator Murphy, just 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 inflation over the last twenty-five years.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Any further discussion? Seeing none, Senator Sandoval, to close.
I’d ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 246 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 1 voting Nay, 2 voting Present. Senate Bill 246, having received the required constitutional majority, is declared passed. Senator Link, on Senate Bill 253. Senator Link indicates that he wish to proceed. Madam Secretary, read the bill.
Senate Bill 253. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Thank you, Madam President. This is a mortgage bill that’s securing identification of names of each participant and -- and license of {sic} (or) registration of people who are issuing mortgages. This is a work in progress. We’ve got all of the groups together, making sure that we get the names of these people, but we’ve got everybody working. It will be sent over 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 to the House and continued to be worked on. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing none, the question is, shall Senate Bill 253 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have -- 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, 0 voting Nay, 2 voting Present. Senate Bill 253, having received the required constitutional majority, is declared passed. Senator Link, on Senate Bill 254. Senator Link seeks leave of the Body to return Senate Bill 254 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 254. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Thank -- thank you, Madam President. This is the geothermal heating and cooling systems bill that has led to increased growth in demand for these systems in all areas of Illinois, the installation of geothermal heating systems and the potential of penetrating water-bearing formations. I’ll be more than happy to answer any questions on the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Seeing no discussion, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senate Bill 254, now on the Order of 3rd Reading. Senator Link, do you wish to proceed? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 254. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
That -- that basically was the description of the bill. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 254 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all -- the voting -- 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 254, having received the required constitutional majority, is declared passed. Senator Kotowski, for what purpose do you rise, sir?
Thank you, Madam President. A point of personal privilege. 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
Thank you. Gives me great pleasure today to introduce two very special friends of mine, Matt and Marie Sussman. I’ve known Matt since I was about ten years old. I -- I stood up in his wedding. He stood up in mine. And his wife, I’ve known him since -- known her since college. They’re great people. They live in Elmhurst and they’re -- they’re here with their -- their children, Lauren, Daniel and Jilian. If you could please stand up. They’re wonderful people. They actually wanted to come down here today ‘cause they heard about Senator Cronin and his eloquence and they were very surprised that someone who graduated from Fenwick could ever become a State Senator. But, please stand up and give ‘em a great Springfield welcome.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please welcome Senator Kotowski’s guests to the Illinois General Assembly. Welcome. Senator Cronin. His name was mentioned.
Yes, thank you, Madam President. I want -- I, too, want to welcome - from the same side of the aisle - I wanted to welcome our friends from Elmhurst, the Mecca of the Midwest, the nerve network of the nation, “Tree City U.S.A.”, Elmhurst, the few, the proud. Thank you very much for joining us. And I’ll overlook the relationship with -- no, I’m kidding. He’s a great guy. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator Cronin, for welcome -- welcoming Senator 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Kotowski’s guests. Senator Noland, on Senate Bill 256. We will return to the Order of 3rd Reading. Senator Noland indicates that he wishes to proceed. Madam Secretary, read the bill.
Senate Bill 256. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 256 provides that, for five taxable years, taxpayers are entitled to an income tax credit for an investment in a qualified venture capital fund here in Illinois. Provides that the fund must have its primary office in Illinois; at least fifty percent of the total number of its investments in its -- fund’s portfolio must be also in companies that are based in Illinois. In -- they must in turn invest in Illinois companies and/or -- be also minority- or woman-owned and seed-level investment companies. Taxpayers may receive a credit in the amount of ten percent of the taxpayer’s investment if -- if the investment meets one of the factors and twenty percent if the investment meets more than one of the factors. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator McCarter, what purpose do you rise, sir? SENATOR McCARTER: Question to the sponsor. 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator Noland, I’m -- I’m thinking back to yesterday. As I recall, there was a promised Floor amendment on this in the committee. Do you recall that?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
Do not have that in my notes. Perhaps you could refresh my recollection.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: I’ll -- I’ll be glad to do that. There was some question about the language. One, the fifty percent of the total number of investments, that we asked that that should be clarified whether that’s fifty percent of the funds or fifty percent of the companies. That was -- that was one. As you -- as you know, I mean, someone could play with that and add a few companies with a limited amount of funds and then take those funds out of State to have the -- the majority of the revenue. Right? So, that -- that’s one part of it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
Okay. Senator, with all due respect, I’m not sure that there’s a question in there. What is the question?
PRESIDING OFFICER: (SENATOR LIGHTFORD) 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator McCarter. SENATOR McCARTER: The question is, why wasn’t the amendment brought to the Floor to clarify this?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
‘Cause my recollection is, is there was no agreement to put an amendment on this bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: Another -- another area that was supposed to be part of the amendment that we asked to be brought to the Floor was that of a definition of “seed-level investment”. Is that something that you remember?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
Senator, if I understand the inquiries, I believe that these are matters we could probably handle over in the House. And I am more than willing to work with House Members on your behalf to perhaps offer this language in an amendment over there and bring it back to this Chamber.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter, further discussion? SENATOR McCARTER: I -- I appreciate you recognizing that those are things that need changed in this. I -- I guess the -- the more 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 important thing is that we -- we asked for this to take place. We expected for this to take place, and for some reason, it didn’t take place. So, I’m…
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Righter.
Thank you, Madam President. Seeing as how we’re going to vote on this bill as it is here today, I do have some questions of the sponsor. Will he yield, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Indicates he will.
Thank you. First, following back up on Senator McCarter’s inquiry, Senator Noland, fifty percent -- the fifty percent threshold, what exactly does that apply to?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
I’m sorry, I didn’t quite catch that. Please -- please repeat your question, Senator.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Thank you. Senator McCarter alluded to an issue with regards to the fifty percent of investments language that’s in your bill. Apparently that was a discussion in committee about what exactly that meant. If it wasn’t answered in committee, can you answer it out here on the Floor? What exactly -- fifty percent of what? 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
Yes, thank you for the question, Senator. As the bill reads, at least fifty percent of the total number of investments in the fund’s portfolio must be in companies that are based in Illinois. So, in other words, the funds that are acting in a fiduciary manner, who are providing these loans, must -- must provide loans to companies and -- and fifty percent of their portfolio must be made up of companies that are based in Illinois.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Okay. Senator, what is a “seed-level investment”? Is that defined in the bill?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
A “seed-level investment” - and thank you for making the record, because I believe in doing this here on the Floor, we do not need to do this in the House - that a seed-level company is a start-up company.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter, further discussion?
Yes. What is a start-up company then, Senator? I mean -- and with all due respect, just because you’re answering questions here in the House doesn’t mean that it doesn’t need to 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 be fixed -- I mean here in the Senate, doesn’t mean it doesn’t need to be fixed in the House. Because if there’s unclear language in a bill and there’s litigation because of that, a court is not going to care what you and I said here on the Senate Floor. So, I would -- I -- I hope that what you didn’t just tell the Body was that you have no intentions now of adding an amendment in the House to clarify some of these issues. I think that would not be good for your legislation. But going back to the original question, you decide “seed-level investment” in an Illinois company. What is the definition of “seed-level”?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
Thank you, Madam President. As I had stated previously, it would be a start-up company, a company that starts anew with new funds and perhaps what you might term “angel financing”. Now, I am advised that the Department of Revenue is interested in helping us provide definitions and would work with us to provide definitions. And if it assuages those concerns that have been stated here today, I would be willing, but feel as though it’s unnecessary, to do this in the House. I’m willing to do that if that’s what you would like.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Thank you, Madam President. So -- well, what -- what you do on -- on this bill is -- is -- obviously that’s your decision, Senator, and won’t actually be the House sponsor’s 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 decision, once it passes out, if it does pass out. But back to a “seed-level investment” in an Illinois company. So a “seed- level investment” is an investment in a new company? Can you have a “seed-level investment” in a company that already exists?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
Okay, rather than belabor all of this, I think what we’ll do is we’ll just simply pull it from the record here today and we’ll try to handle these concerns here in Chamber so we don’t have to do this over in the House. And now we have this record made here on the Floor, so there is no uncertainty that I am making this commitment to work on this with you by seeking, perhaps, an extension on the deadline. Okay? All right.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Appreciate your statesmanship. Senate Bill 256, out of the record. Senator Noland, on Senate Bill 261. Senator Noland. Senator wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 261. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 261, as amended, would increase the number of sick days that ESPs - those -- that is education support 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 personnel - could accrue from one hundred and eighty to two hundred and forty days. This bill would provide parity to ESPs and allow them to accrue two hundred and forty days, which is redeemable under the Illinois Municipal Retirement Fund as one year of creditable service. The bill would only affect those ESPs with very long periods of service sufficient to accumulate the many sick days. This bill, in another form, passed out of this Chamber in the 95th General Assembly, which was much more onerous. I urge that -- an Aye vote for this less -- less burdensome version of that bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Luechtefeld.
Thank you, Madam President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) He indicates he’ll yield. Senator Luechtefeld.
Senator, as -- as you know, in -- in the committee, I think the minority side voted No on this. And we -- we asked you, I thought, to -- to put an amendment on part-time -- for part-time employees. You know, for instance, a -- a janitor who works at the school works year-round and -- and that was okay to accumulate it at two hundred and forty days. But there are many people who don’t, you know, maybe people who work in the cafeteria and -- and people like that who -- who really don’t work full-time. They are part-time employees. And I was under the impression that you were going to put an amendment on this. That didn’t happen, did it?
PRESIDING OFFICER: (SENATOR LIGHTFORD) 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Noland.
No, it didn’t. And there certainly seems to be a pattern developing here with -- with Members’ memories as to my commitments in -- in committee. Now I have staff here who also is at a loss for recalling such a commitment and I certainly do not recall such a commitment and I -- and I decline to make that amendment at this time.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Luechtefeld.
Senator, you -- there is a pattern here, yes, and it -- I - - I know -- I’m -- I’m not real sure that that pattern is -- is over here. Again, I do remember talking about this in committee and -- and you said, you -- you know, I think we can fix that for part-time employees. And I don’t think that happened.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
It -- it didn’t happen. It’s not going to happen. And I decline to accept your invitation to make it so.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Burzynski, for what purpose do you rise?
Thank you, Madam President. To the bill: Just would like to point out that currently this could still happen through a collective bargaining process. And so I would just like to point out to the Members of the General Assembly, if you believe 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 in collective bargaining, if you believe that’s a process that can and does work, then you’ll want to -- vote No on this bill. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Meeks, for what purpose do you rise?
Thank -- thank you, Madam Chairman {sic}. I’m going to vote for the bill and I do agree with what the sponsor’s trying to do, but as the Chairman of the Education Committee, he did make that commitment and I remember also that he made that commitment. And so maybe he doesn’t remember, but I remember that he made that commitment and I want to help him clear that up.
PRESIDING OFFICER: (SENATOR LIGHTFORD) It’s really difficult being in the Chair, because I’d like to add to that, Senator Meeks. As a member of the committee, there is a Committee Amendment No. 1 where he did come back and flush out what the request was. So I do think he’s being treated unfairly on this particular bill. Further discussion? Senator Haine. Senator Haine.
Oh, I’m sorry. Madam President, Ladies and Gentlemen of the Senate, to the bill: With -- despite my great esteem and respect for the -- the sponsor and my usual habit of voting with the IEA, I’ve received a number of heartfelt phone calls from school superintendents in my district and area and they tell me this bill, if it’s signed into law, would, quote, cream them, end of quote. In a -- in a time of declining tax revenues, in a 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 bad year for school funding, they just tell me this could be the straw that breaks the camel’s back. They could be forced to lay teachers off, cut music, athletic programs, or whatever it is. I think we have to take a pause on these, however well-meaning and well-intentioned they are, and see where collectively we are -- are going with school funding to assure that the education of our children is paramount, as everyone seems to say. So I reluctantly have to say I’m going to vote No. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Jacobs, for what purpose do you rise?
I rise -- point of personal privilege. I would just like to remind my younger colleagues that your word is your bond and you do have to follow your word. You also have to follow the committee process. But I do think, long term, we really need to look at moving bills from committee to 2nd and then other people saying all the time, “hey, look, that we’ve got to” -- “you’ve made a commitment.” I -- I, for one, have grown kind of tired of that. I think if we’re going to make people make commitments, maybe we shouldn’t move the bill to 2nd. So hopefully the Body can move away from what was said and what wasn’t said. Because my experience, Senators, people hear what they want to hear. And a lot of times, they’ll try to tie you up with the bill by saying, “well, you made this commitment.” You know, the only commitment we have in this Body is to work for the people we represent.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Noland.
98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Here’s what I’m going to do: I’m going to take this out of the record, but I am going to go on the record to say I do not agree to that amendment. And we can talk about this all we want, but this bill is not going to be in the form that I think you’re envisioning. So I will take it out of the record and we’ll try to seek another extension on the deadline.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senate Bill 261, out of the record. Senator Schoenberg, on Senate Bill 266. Senator Schoenberg seeks leave of the Body to return Senate Bill 266 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 266. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Schoenberg.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1, at the request of various Judiciary Committee members, adds a couple other categories of professionals who work in the public’s -- in the public sector as attorneys who would potentially be eligible for the loan assistance for public attorneys -- for Public Interest Attorneys {sic} (Attorney Assistance) Act. Those being the Illinois Guardianship and Advocacy Commission, the -- the Human Rights Authority, and the legislative employees of the House and -- of the General Assembly and the Legislative Reference Bureau. I’d be happy to answer any questions. 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 266. Senator Schoenberg, do you wish to proceed? He indicates that he does. Madam Secretary, read the bill.
Senate Bill 266. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Schoenberg.
Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 266 creates the Public Interest Attorney Assistance Act, which is a loan forgiveness program that would provide maximum repayment assistance of six thousand dollars per year or no more than thirty thousand dollars per year {sic} for -- for practicing attorneys in -- in the public interest sector. This is specifically designed to ensure quality legal representation for the public sector bar. It’s supported by the Attorney General, the State Bar Association, Chicago Bar, the State’s Attorney Appellate Prosecutor, the Illinois Public Defender Association. This is subject to appropriation. It 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 parallels a -- a successful effort by Senator Durbin on the federal level. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Are there any discussions? Seeing none, the question is, shall Senate Bill 266 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there is 57 voting Aye, 0 voting Nay, and 0 voting Present. Senate Bill 266, having received the required constitutional majority, is declared passed. Senator Clayborne in the Chair.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Collins, on Senate Bill 267. Senator Forby - I’m sorry, Senator Collins - for what purpose do you seek recognition?
That last bill I want to be recorded as a Yes vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The record will so reflect. Madam Secretary, Messages from the House.
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 364, together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 364 and House 101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Amendment 2 to Senate Bill 364. Passed the House, as amended, April 2nd, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Now back to the Order of 3rd Reading. Senator Collins, on Senate Bill 267. Do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 267. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Collins, to explain the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 267 amends the Condominium Property Act to create separate procedures for addressing distressed condominium property that is a danger, blight, or nuisance to the surrounding community or the public and that is substantially unoccupied, without utilities, or in a serious negative condition. This replicates Senate Bill 389 that passed out of the 95th General Assembly. And I would just ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall Senate Bill 267 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 58 Yeas, no Nays. The -- 102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 the Senate -- Senate Bill -- and none voting Present. Senate Bill 267, having received the constitutional majority, is declared passed. Senator Luechtefeld, for what purpose do you seek recognition?
Thank you, Mr. President. I would like to be recorded as voting a Yes on 266. Senate Bill 266. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The record will so reflect, Senator Luechtefeld. Senator Demuzio, you wish to proceed on Senate Bill 269? Madam Secretary, please read the bill.
Senate Bill 269. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio, to explain the bill.
Yes, thank you, Mr. President. Senate Bill 269 amends the School Code regarding the fee increases for bus drivers. The amount that we are looking at is a four-dollar-per-person increase. This fee has not been increased since 1984 - twenty- five -- twenty-four years ago was the last time - and that fee was at two dollars. We’re asking for a four-dollar increase. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter, for what purpose do you rise?
Thank you, Mr. President. I simply rise on Senate Bill 269 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 just to be clear and I appreciate -- I put my speak light on before Senator Demuzio stood up herself.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Can’t hear the speaker.
Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) You’re welcome.
I had my speak light on before Senator Demuzio detailed for -- for us all. It is a -- as I count, a six-dollar fee increase over the course of the next eight years or so. So, just for those who are on the lookout for fee increases, they should be on the lookout for Senate Bill 269. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you, Senator Righter. Is there any discussion? Seeing none, the question is, shall Senate Bill 269 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 56 voting Yea, 3 voting Nay -- I’m sorry, 50 voting Nay -- I mean Yea, none voting Nay, 0 voting Present -- 50 voting Yea, 3 voting Nay, 0 voting Present. Senate Bill 269, having received the constitutional majority, is declared passed. Bogdan Dola from TV Internet, Chicago TV, seeks leave to record. Leave being granted. Senator Cronin, on Senate Bill 271. Madam Secretary, please read the bill.
Senate Bill 271. 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cronin, to explain the bill.
Yes, thank you very much, Mr. President. This is -- comes to me from the Department of Revenue and they sought to amend some language that passed or was considered in the last General Assembly. It has to do with occupation and use taxes by cross- reference to the respective Acts. I don’t know of any opposition. I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall Senate Bill 271 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. Senate Bill 271, having received the constitutional majority, is declared passed. Senator Syverson, on Senate Bill 275. Madam Secretary, please read the bill.
Senate Bill 275. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson, to explain the bill.
Thank you, Mr. President. This is just some clarification on a loan repayment assistance program in the dental Act. My 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 understanding is, there may have to be some clarification when it goes over to the House. I know of no opposition on it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall the Senate pass Senate Bill 275. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Yea, none voting Nay, none voting Present. Senate Bill 275, having received the constitutional majority, is declared passed. Senator Syverson, on Senate Bill 283. Madam Secretary, please read the bill.
Senate Bill 283. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson, to explain the bill.
Thank you, Mr. President. This legislation tries to address two issues to open up the process so it’s easier for more individuals to get involved in the political process. The first step says that it -- regardless of how a person had voted in a previous election, that if -- if they can get the necessary signatures to be nominated on the -- on the ballot with another party, they would be allowed to do that. The second part of this just says, when an individual goes to pick up their election ballot or their petitions from the Board office, that there’s a simple one-page sheet at the front of it which tells 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 them that there are a lot of rules that have to be followed and it gives a website and a phone number where they can get that information, so we don’t have individuals making simple mistakes, such as not having pages numbered right or not using the right type of paper clip, that they know what the rules are and where to get that information. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- is there any discussion? Senator Murphy, what purpose do you seek recognition?
To the bill, Mr. President. We had -- we had a discussion yesterday about open primaries in a bill that we ultimately voted down. And a big part of the reason we voted down the open primaries yesterday was because a lot of people felt that it wasn’t one party’s place to dictate the nominee of the other party with that type of crossover voting in a party primary. This bill -- and I have the utmost respect for my colleague and -- and roommate, but this bill undermines the strength of the primary and the ability of parties to choose their own nominees. And for that reason, I would urge a No vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Link, for what purpose do you seek recognition?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The sponsor indicates he will yield.
Senator Syverson, you know, let me clarify something that 107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 we went through in committee on this of your intent. If a person votes -- your bill is, if a person votes in the Democratic primary and seeks to run as a Republican for a vacant position, the Republican Party has to slate that person for that office. Correct?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
What we -- I think what we’re referring to is not -- not necessary a slating. We’re talking about petitionings, filling -- filling out your -- getting your ballot -- getting your petitions completed and turning those in, not just slating. But, more importantly, if a person -- in -- in this example, the person were to fill out petitions -- if Republicans signed a petition asking him to run, this would allow that person to do that.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Link.
To the bill: In a sense, this is just the opposite of what Senator Murphy has said. This is clarifying that the party will be making the decision, not any other individual. If the Republican Party wants to slate somebody that ran -- that voted in a Democratic primary or vice versa, it’s the party’s decision to make that. It is not an individual raiding a party or somebody else raiding a party. This would be the party’s sole decision. But what we’re not doing in this bill is precluding somebody that may have voted in another primary. And I think that this is -- what we have is codifying in law the 1972 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Supreme Court ruling where it said that you were not bound by the twenty-four-month rule. And I think that this is a fine piece of legislation. It’s what we should be doing for a long time. I think this gives the parties much more authority over what they want to do and I recommend a strong green vote on this one.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau.
Yes, thank you, Mr. President. Oh, will the sponsor yield for a question or two?
PRESIDING OFFICER: (SENATOR CLAYBORNE) He indicates he will yield.
Senator, I don’t believe it’s in law and maybe this is what you’re trying to correct here. But isn’t it always been the presumption that a person affiliates them -- voluntarily affiliates themself with whatever party they take a primary ballot for?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Yes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau.
And that affiliation would continue on until the next primary, when they voluntarily affiliate themselves with whatever party they choose to affiliate themselves with. 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Correct?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Until the next -- until the next election comes up, when they’ve made that decision, they are considered part of that party. When the next primary comes up, if they choose to run in a different party and get petitions completed and signed by members of that party, they then are changing their affiliation and are choosing to run as a -- a candidate for a different party that they had voted in the primary in the previous election for.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau.
So if I, in a primary, walk in and take a ballot for the Republican Party and then, by appointment, am put on the ballot as a Democrat - I decide to run as a -- a Democrat by appointment - is that what your bill addresses?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
It’s both. First of all, if it is by appointment, that means this person -- even if they had voted in the Democratic primary, that means that the Republican leadership has chosen that they wanted to have this person appointed. Or the individual goes out and gets Republicans to sign their petition and they would go onto the ballot - at that point, acknowledging that they have chosen to change parties. By filling out that 110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 petition, they are in essence saying, I have chosen to change my affiliation and now run with a different party.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Pankau.
To the bill: This happened to me last year, Senator. And because of that and because of the court battles that we went through to keep my Democratic opponent, who had voted Republican in the primary of February in ‘08, off the ballot, I respectfully, sir, disagree with you very, very much. And with that in mind, I would urge others. I know when we came to the township elections this year - and my particular township chooses to elect their slates by caucus - if you had taken a Republican ballot in the primary of ‘08, then and only then could you caucus with the Republicans. You could not caucus with the Democrats for that particular township election. I think this bill needs a whole lot more thought and I also think that it needs to be thought out as to, if it’s this case in this area, what about township elections, other municipal elections, things that it might actually affect. I urge you to think seriously about this bill and the consequences. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson, to close.
Thank you, Mr. President. And I certainly understand the - - the concerns that some Members on our side of the aisle have. I guess the end goal is that we want this process to be open and that individuals who have chosen to be affiliated with a different party should have the right to run for that party. 111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 And then, second, we need to make the rules of how to be on the ballot easier to understand and to get that information, so when a person does run, they know how to fill out petitions properly. So, I would appreciate a favorable vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall Senate Bill 283 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Yea, 17 voting Nay, none voting Present. Senate Bill 283, having received the required constitutional majority, is declared passed. Senator Maloney, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.
Mr. President, I’d like to take the time to point out in the gallery behind us is a group of students, eighth grade students from my district, the St. Christina Cardinals. They’re down here with their teacher, Mrs. Baley, to observe the proceedings today. Please give them a warm Senate welcome.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to Springfield. Thanks for coming. Senator Althoff. Madam Secretary, please read the bill, 286.
Senate Bill 286. (Secretary reads title of bill) 112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, to explain the bill.
Thank you, Mr. President. Senate Bill 286 is the exact duplication of a bill that passed out of this Chamber last year with a 44 Yes and 9 No vote. It provides that counties with a population of less than one million may levy a tax of not more than .05 percent of the equalized assessed value of the taxable property in the county for a new farmland preservation fund. The tax may only be leveled -- levied, excuse me, after a front- door referendum approves the tax. The referendum is initiated as all referendums in -- in the State of Illinois are. And if the money -- if the referendum passes, the new money raised must be deposited into a new fund at the county level that is set aside for farmland preservation easements. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Holmes, for what purpose do you seek recognition?
Thank you, Mr. President. I rise in support of this bill. This is a very similar bill -- this has been going on in Kane County, of which I was a board member, for over five years. And I know there’s been some concern that it would perhaps not have the opportunity to -- to build homes or stuff, but it has really resulted in a not enormous amount of acreage in preserving farmland. But it has been -- it’s helped Kane County be very, very instrumental in keeping up with what they call their 2030 program, where they want part of the county to be -- stay very, 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 very urban, part of it to be more estate homes, and a third of it to be agriculture. And I just want to say that I rise in support of this bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you. Any further discussion? Seeing none, the question is, shall Senate Bill 286 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 voting Yea, 6 voting Nay, 1 voting Present. Senate Bill 286, having received the constitutional majority, is declared passed. Senator Haine, on Senate Bill 289. Out of the record. Top of page 45. Senator Haine, on Senate Bill 290. Madam Secretary, please read the bill.
Senate Bill 290. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Haine, to explain the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative of the Illinois State Dental Society. It allows, simply, that an -- that an -- an applicant for these national board exams shall have various testing schemes available, rather than having all their eggs in one basket. It’s supported strongly by the Dean of the Southern Illinois University School of Medicine and the Dental Society.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Is there any questions? Seeing none, the question is -- I mean discussion. Seeing none, the question is, shall Senate Bill 290 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, none voting Nay, none voting Present. Senate Bill 290, having received the constitutional majority, is declared passed. Senator Hunter, on Senate Bill 291. Out of the record. We will have a -- a brief pause for the Committee on Assignments to meet immediately in the -- President’s Anteroom. Senator DeLeo in the Chair. (SENATE STANDS AT EASE)
PRESIDING OFFICER: (SENATOR DeLEO) All members of the Committee on Assignments please report to the President’s Anteroom immediately. All members, especially Democratic members, of the Committee on Assignment please report to the President’s Anteroom immediately. Thank you. (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) The Senate will come to order. Ladies and Gentlemen, can I have your attention, please, for purposes of an announcement? Ladies and Gentlemen, all Members, can I have your attention, please? There’s been printed and distributed on the Members’ desk -- it’s the Agreed Bill List - Agreed Bill List No. 1, 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Supplemental No. 1. It’s a multi-page handout that’s been put on all Members’ desk. We have a 5 o’clock deadline to have that returned. If anybody has any disagreements with the Agreed Bill List, we need it -- there’s a 5 o’clock deadline. So please have that in with the Clerk -- the Secretary of the Senate by 5 p.m. Thank you. Madam Secretary, Committee Reports, please.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to the Executive Committee - Motion to Concur with House Amendment 1 and House Amendment 2 to Senate Bill 364; Be Approved for Consideration - Floor Amendment 4 to House Bill 289, Floor Amendment 4 to House Bill 210, and Motion to Take from the Table Floor Amendment 1 to Senate Bill 1390. Senator James F. Clayborne, Chairman. April 2nd, 2009.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Clayborne in the Chair.
PRESIDING OFFICER: (SENATOR CLAYBORNE) We’re coming back to order. I want to make an announcement that Exec Committee will meet at 3 o’clock in 212. Exec Committee will meet in -- in 212 at 3 o’clock. Going to go to the -- on page 59. The Order is House Bill 3rd Reading. House Bill… The top of the Order is House Bill 210. Senator Righter, for what purpose do you seek recognition? I mean, sorry, Senator Syverson, for what purpose do you seek recognition?
Mr. President, we would like to have a fifteen-minute caucus.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 That is in order. So you have to -- till 2:15 to come back. Please come back promptly so we can keep this process going. Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) Senate will come to order. The Members please be at their desk. We’re going to 3rd Reading, final passage. All Members within the sound of my voice please come to the Senate Floor immediately. We are going to final passage - 3rd Reading, final passage. Okay, Ladies and Gentlemen, the Senate will come to order. We ask you to turn to your printed Calendars. On page 59 of the printed Calendar comes House Bills 3rd Reading. We’ll go to House Bills 3rd Reading. House Bill 289. Senator Cullerton. Senator Cullerton, you wish to proceed? He indicates he wish to proceed. I’m sorry, Senator Sullivan. There’s been a change of sponsor. Senator Sullivan, do you wish to proceed? He indicates he wishes to proceed. But I think -- Senator Sullivan, are you seeking leave of the Body to return House Bill 289 back to the Order of 2nd for purposes of amendment? Seeing no objection, leave is granted. Now on the Order of 2nd Reading comes House Bill 289. Madam Secretary, has there been any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sullivan, to Floor Amendment No. 2, sir.
117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Mr. President. Amendment No. 2 actually becomes the bill. I’ll be happy to discuss it on 3rd.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Is there any discussion? Seeing none, all those in favor will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair that the Ayes have it, and Floor Amendment No. 2 is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Radogno.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Radogno, on Floor Amendment No. 3, ma’am. Do you wish to proceed? Senator Radogno, on Amendment No. 3, ma’am.
Thank you, Mr. President. This -- this amendment adds some language into the bond bill that assures that the -- the way we’ve been talking about spending the appropriations or spending the money will in fact be the way we spend it, that it will be for -- road maintenance projects. It will be throughout the State. We will maintain the typical geographic balance that we’ve seen in the past and that even the money that we don’t appropriate in the appropriations bill will also be spent in that same manner.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Thank you for the explanation on the amendment. Is there any discussion? Seeing none, all those in favor will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair, the Ayes have it, and Floor Amendment No. 3 is adopted to House Bill 289. Madam Secretary, has there been any 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 further Floor amendments approved for consideration?
Floor Amendment 4, offered by Senator Radogno.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Madam Secretary. Senator Radogno, to Floor Amendment No. 4, ma’am.
Thank you. This just clarifies further the language in No. 3. The language in -- in No. 3 had some problems in achieving the goal we were trying to achieve. This has the same goal, spending the money fairly, the way we are intending to spend it. Just changes the language very slightly.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much on the explanation of the amendment. Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair, the Ayes have it, and Floor Amendment No. 4 is adopted to House Bill 289. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. 3rd Reading. Now on the Order is -- 3rd Reading is House Bill 289. Senator Sullivan, do you wish to proceed? He indicates he does. Madam Secretary, read the gentleman’s bill.
House Bill 289. 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Sullivan, to the bill, sir.
Thank you, Mr. President and Members of the Senate. We’re really, I think, in a historic position here as we -- as I present this bill because we -- we hopefully will be able to pass a -- a mini version of a capital bill. This -- this amendment and amendments to House Bill 289 increases the -- this is the bonding part -- the bonding portion of the -- of a capital bill. And the amendment increases the general obligation bonds by a total of three billion dollars. Two billion of that will be for Transportation Bond Series A for the highways, roads and bridges. And one billion is for transit projects. We will -- this is just one step in the process. We will have a bill by Senator Trotter. We’ll be presenting it here in the very near future, probably immediately after this one. But I do want to say the -- I want to talk about the amendments that Senator Radogno just adopted that now is a part of this bill and I also want to talk about the bipartisan effort that this Chamber has gone through over the course of the last several days. It’s been back and forth. There’s been amendments and discussions, and we, I think, have reached an accord that we will -- that will put us in a position to -- to pass a mini capital bill that is really going to help to put people to work immediately. And it’s also going to help with the maintenance of -- of the roads and bridges around the State 120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 of Illinois and also, of course, in transit. I hope that we realize - the Members of this Chamber, and both Chambers, and also the Governor’s Office - that this is not an adequate capital bill. This is only the first step, a small portion of a capital bill. But we need to do it now so that we can put people to work so that we don’t lose another construction season which is upon us. I finally, in closing, and I’ll, of course, be happy to take any questions, Mr. President, but I also want to compliment President Cullerton and Leader Radogno, both, and the -- the leadership that they have provided on this bill, the -- the ability of President Cullerton to accept and -- and to agree to at least discuss some of the proposals that have been out there. We’ve gone back and forth over the last couple of days, but we’ve reached an agreement and I certainly think that we should all show our appreciation to those two Leaders. And I’ll be happy to take any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Senator. Is there any discussion? Is there any discussion? Senator Risinger, for what purpose do you rise?
Thank you, Mr. President. To the bill. I also want to thank the Leaders for their leadership in this bill and for Senator Sullivan. What a difference a year makes. You know, we’ve discussed capital in the past and -- and we’ve always had problems with trust and -- and language and fearing that people wouldn’t follow up with what they’ve said. The environment is completely different right now and -- and I think there was a lot of good work that went into this bill and I hope that we can 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 move this forward.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Leader Radogno, for what purpose you rise, ma’am?
Thank you. I also want to say what a great job this is that everyone’s done, that we’re actually about to pass a capital bill. I realize we’ve done this twice before, but I definitely have a different feeling about this proposal going all the way and we’re actually going to put people to work, start getting shovels in the ground and -- and taking care of our roads. It has been a good experience. I have to say that there has been true bipartisan cooperation and effort on this, which is refreshing, to say the very least. And I do want to appreciate in particular, Senator Cullerton, Senator Sullivan, Senator Risinger, all of whom were very helpful in getting us to where we’re at. Again, it’s important to note we’re -- we’re taking advantage of this construction season, which is very positive. We also have maintained the typical distribution of the road funds. That’s very important to be sure that the money’s distributed fairly. Hopefully this is the beginning of returning integrity to the road program in general. And it’s a very healthy first step. So thank everyone that was involved and I would urge everyone to vote in favor of this.
PRESIDING OFFICER: (SENATOR DeLEO) Thank -- thank you, Leader. Okay, last person seeking recognition before Senator Sullivan to close is President Cullerton.
122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Mr. President and Members of the Senate. I also wanted to point out the fact that this bill requires a three- fifths vote. We appreciate the support of the Republicans. I would acknowledge that they, early on, had asked that we bond the Road Fund. It was something that they had suggested. I also note that their Committee on Deficit Reduction report demanded that the Governor and the Legislators should act as quickly as possible to approve a capital plan so we don’t miss another construction season. And here we are acting the day after your report came out. So, we are certainly responding in a bipartisan effort. I would hope that we can teach a lesson here in the Senate to the other Chamber. We hope that they would also work cooperatively. If all the Republicans over there vote No, this will not become the law. So we would hope that they would work cooperatively with the Democrats over in the House and support this legislation as well, because it’s fair. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, President. Senator Sullivan, to close, sir.
I just -- the -- the last thing I want to say is that and - - and really Senator -- President Cullerton take the -- took the words out of my mouth - but this process that we will be doing right now needs to be repeated in the House. We need to encourage our colleagues on both sides of the aisle over in the House to also join in our bipartisan effort here to move the State of Illinois forward to put people to work. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 …you. As the President’s mentioned, because this is an increase in State bonding, it does take a required three-fifths vote. Ladies and Gentlemen, the question is, shall House Bill 289 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 59 Ayes, 0 voting Nay, 0 voting Present. House Bill 289, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, continuing on House Bills 3rd Reading, we will go -- we’ll remain on page 59. We’ll go to House Bills 3rd Reading. House Bill 210. Senator Trotter. And I believe Senator Trotter is seeking leave of Body to return House Bill 210 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? He indicates so. So now on the Order -- so leave is granted. Now we’re on the Order of 2nd Reading for Senate {sic} Bill 210. Madam Secretary, has there been any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Senator Trotter, to Amendment No. 3 to the bill, sir.
Actually, …(inaudible)…Floor Amendment No. 3 is the supplemental bill as well as the dollars that we are going to capture the stimulus moneys. But I believe there’s a -- a fourth amendment. I would like to explain it on -- when we get ‘em all together. 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR DeLEO) Okay. So here -- seeing no discussion on Amendment No. 3, all those in favor will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair, the Ayes have it, and Floor Amendment No. 3 is adopted to House Bill 210. Madam Secretary, has there been any further Floor amendments approved for consideration?
Floor Amendment 4, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Trotter, to Floor…
Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) …to Floor Amendment No. 4, sir.
Four just makes some technical changes to the bill. Specifically, we are changing the word “Transit” to “Transportation”. And it also clarifies the names of Pace, Metra, and the Division of the RTA. So, that’s essentially it.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on Floor Amendment No. 4? Seeing none, all those in favor will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair, the Ayes have it, and Floor Amendment No. 4 to House Bill 210 is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported. 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR DeLEO) …you. 3rd Reading. Now on the Order of 3rd Reading is House Bill 210. Madam Secretary, read the bill.
House Bill 210. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Trotter, to the bill, sir.
Thank you very much, Mr. President and Members of the Senate. House Bill 210 deals with the operations supplemental. It’s the supplemental for operations that will provide for our ordinary and contingent expenses. It comes to 109.4 million dollars of all funds. Some of the highlights of it is that we will be putting in the bill 6.7 million dollars for -- to get the court reporters back to work. We add another three hundred and sixty-three thousand dollars to reopen the sixteen now closed historical sites. We put in a nine hundred ten million dollar -- nine hundred and ten thousand dollars to the Auditor General to restore some of his cuts. And we also put dollars in here for -- a million dollars for increased utility costs at the Military Affairs. Additionally, it provides for transfers to allow agencies the flexibility to -- to deal with their shortfalls. And the big part of the bill, as we heard Senator Sullivan talk about a mini “going back to work” bill, but it’s also a large step to bringing our State back into some type of wholeness. So what we have is 6.7 billion dollars appropriated to address the federal stimulus package. Some of the things 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 that will be covered in that: it will address roads, transits and rail, which we will be appropriating nine hundred million dollars; another forty million dollars for transit projects; three hundred million dollars for CREATE; two hundred and eighty-five million dollars for improvements of passenger rail; 1.7 billion dollars for outstanding medical bills; seventy-four million dollars for child care services; and many more dollars will be going to education and roads. Thirdly, we build our own statewide stimulus package, which we will be appropriating three billion dollars. Two billion dollars will come from the Road Fund. One billion dollars will come out of GRF. Those dollars will go to CTA, Pace, Metra, public -- downstate public transportation districts. Forty million dollars will be restored to the City of Chicago. A hundred and fifty million dollars will go for emergency repairs, basically pothole repairs, throughout the State. This three million dollars -- three billion dollars alone will bring about eighty thousand jobs. And I’m open for questions, sir.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator, for the explanation. Is there any discussion? Is there any discussion? Senator Murphy, for what purpose do you rise, sir?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
First, let me join in the chorus commending our two Leaders on getting us a capital bill that can put people to work this 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 season, as the President noted, and I appreciate that he actually referenced our -- our report. Somebody read it, which is always good. Let’s get people to work this year. 4.5 billion dollars in this of State and federal money to put people to work on roads this Session. That’s important. We’ve also got our court reporter money in here. Obviously everybody in this room remains concerned about balancing our budget, but we’re try -- we -- we’re -- we’re taking a step in the right direction by putting people to work on a capital bill now, as the President said. And we’re taking a necessary step by -- by paying for these court reporters in our criminal justice system. And I urge an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Senator Brady, you seeking recognition, sir?
Thank you, Mr. President. Let me also stand in support and thank our Leaders. It’s been far too long since we’ve had a capital bill. Although a small one that this may be, it does meet our objectives in this construction season. Our roads and bridges have become unsafe and under need of repair. This program will move that forward in a way that we provide safe roads and bridges to the families of Illinois, but also provide an infrastructure to the businesses of Illinois who try to employ our workers. This is a program that moves us in the right direction. I want to compliment Senator Cullerton on this new era of compromise and working together, as well as Senator Radogno.
PRESIDING OFFICER: (SENATOR DeLEO) 128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Senator. Okay. Anybody seeking -- nobody is. President Cullerton. President Cullerton, to what purpose you rise, sir?
Yes, thank you, Mr. President. Just to rise in support of the bill. I just wanted to point out that as -- with regard to this appropriation as it relates to the road projects, there’s two road project categories that we’re talking about here. One is the federal stimulus, which were shovel-ready projects that our Department of Transportation identified, and the other is the State spring repair projects, about four hundred and fifty million dollars. Unlike previous years, we are actually taking the expert advice of the IDOT engineers, instead of putting politics into the State road program. We are following the advice based on those criteria. They have to be shovel-ready, put people to work right away, and it’s -- these projects have been identified as being on our multi-year plan. To -- to highlight this, if you saw the list of projects by Senate district, it’s kind of ironic, but my district actually is the only one in the State that doesn’t get any money from either project -- either category. That, of course, highlights the fact that we are also going to have to have another capital bill this year, wherein we can add projects that are necessary for everybody’s district. And of course, I would also remind you, this bill is easy because it doesn’t have any tax increases here to pay for it. Doesn’t need any, but the next one will. And we’re all going to have to work together in a bipartisan fashion to help pay for the big capital bill, which is going to come next month. Thank you very much and I urge an Aye vote. 129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, President Cullerton. Senator Trotter, to close, sir.
Thank you, Mr. President. You know, this is a trifecta. This is a win-win-win situation for the State of Illinois. It certainly helps us deal with our Medicaid liability. With these dollars, we’ll be able to pull down and get a sixty percent match from the federal government on our dollar. This addresses road and transits groups. This package has in there, as pointed out, four hundred and fifty million dollars to jump start road and bridge projects. It certainly helps us utilize stimulus dollars. It helps us operate a little bit smoother and we did it, as the President pointed out, without raising taxes. We did it by working together. We did it by everyone saying, the time is now. And as we go forward, we should keep that mantra going. The time is now. The time is now to vote for this package. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Okay, Ladies and Gentlemen, the question is, shall House Bill 210 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 58 Ayes, 0 voting Nay, 0 voting Present. House Bill 210, having received the required constitutional majority, is declared passed. Senator Maloney, for what purpose you seek recognition, sir?
130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
We earlier had a group from St. Christina’s, a very large public -- or, Catholic elementary school in my district. The second group is here today, the St. Christina Cardinals, from my district. I hope everyone can give them a warm Senate welcome.
PRESIDING OFFICER: (SENATOR DeLEO) Will our guests in the galleries please rise? Please rise and be recognized. Welcome to the Illinois State Senate. Welcome to Springfield. Senator Luechtefeld, for what purpose do you rise, sir?
Thank you, Mr. President. I would like to be recorded as an Aye vote on that last bill. I pushed the button. It didn’t come on. So if you would record me as Aye, I’d -- I’d appreciate it. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) The record will so reflect your intentions on the last bill, sir. We have a request from Illinois Issues. Seeks leave to take still pictures. Hearing no objection, leave is granted. Okay, Ladies and Gentlemen, I’d ask you to -- on your printed Calendars, to turn to page 45, 45 of your printed Calendar. Let me remind the Members of the Body that this is the final time we’re going to 3rd Reading, Senate Bills 3rd Reading. So on the page of -- top of page 45 comes Senate Bill 292. Senator Hunter. Senator Mattie Hunter. Out of the record. Senator Sandoval, on 297, sir. Out of the record. Senator Bomke, on 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 302, sir. Do you wish to proceed? He indicates he wishes to proceed. And I believe Senator Bomke is seeking leave of the Body to return this to the Order of 2nd Reading for purpose of amendment. Is that correct, sir? Okay, seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 302. Madam Secretary, has there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Bomke.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Madam Secretary. Senator Bomke, to the amendment, sir.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. The amendment simply changes interest to interest at the actuarial {sic} (actuarially) assumed rate.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing none, Ladies and Gentlemen, the question is -- all those in favor of -- of Floor Amendment No. 1 will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair, the Ayes have it. The amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 302. Senator Bomke, do you wish to proceed? He indicates he does. Madam Secretary, read the gentleman’s bill. 132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Senate Bill 302. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Bomke, to the bill, sir.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 302 simply allows an employee who has been laid off from the State of Illinois and returns to -- to the State to establish the credit service for which they lost during the time they were laid off. They would be required to pay both the employer and the employee’s cost.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 302 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 302, having received the required constitutional majority, is declared passed. Senator Martinez, Iris Martinez, on Senate Bill 314. Do you wish to proceed, ma’am? She indicates she does. Madam Secretary, read the lady’s bill.
Senate Bill 314. (Secretary reads title of bill) 3rd Reading of the bill. 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Martinez, to the bill, ma’am.
Thank you, Mr. President, Members of the Senate. Senate Bill 314 requires the Illinois Health Facilities Planning Board to update the Long Term Care Bed Need Methodology in order to make it consistent with the Older Adult Service {sic} (Services) Act. The facilities affected by the methodology updates are only those under the Nursing Home Care Act. Further, it requires the Board to conduct a bed need analysis on a more detailed township level with the cooperation of the Nursing Home Conversion Subcommittee of the Older Adult Service {sic} Advisory Committee. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Senator Syverson, for what purpose do you rise, sir?
No.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, seeing no discussion, the question is, shall Senate Bill 314 pass. All those in favor will say Aye. All those opposed will say Nay. 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 57 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 314, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading. Senate Bill 315. Senator Martinez, on Senate Bill 134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 315, ma’am. Out of the record. Senator Silverstein, on Senate Bill 318. Senator Silverstein is seeking… Senator Silverstein, I believe, is seeking leave of the Body to return this back to 2nd Reading for the purpose of an amendment. Is that correct, sir? Senator… Yes, correct. So Senate… Now on the Order of 2nd Reading is Senate Bill 318. I’m sorry. Senator Silverstein is seeking leave of the Body to return this back to the Order of 2nd Reading. Leave is granted. Now we’re on the Order of 2nd Reading. Madam Secretary, has there been any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Silverstein, to the amendment, sir.
Floor Amendment No. 3 becomes the bill. I’ll explain it on 3rd.
PRESIDING OFFICER: (SENATOR DeLEO) Discussion on Floor Amendment No. 3? Seeing none, all those in favor will say Aye. All those opposed will say Nay. In the opinion of the Chair, the Ayes have it, and Floor Amendment No. 3 is adopted to Senate Bill 318. Madam Secretary, is there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 318. Senator Silverstein, do you wish to 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 proceed? He indicates he does. Madam Secretary, read the gentleman’s bill.
Senate Bill 318. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Silverstein, to the bill, sir.
Thank you, Mr. President. As amended, the bill allows a physician to delegate tasks or duties to a trained unlicensed individual, provided the task or duty’s within the education, training, or experience of a designated physician.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, Ladies and Gentlemen, shall Senate Bill 318 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 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 318, having received the required constitutional majority, is declared passed. Okay. Ladies and Gentlemen, with leave of the Body, we will return back to Senate Bill 315. There was a change of sponsorship on that. Senator Holmes. Senator Holmes, do you wish to proceed, ma’am? She indicates she does. Madam Secretary, read the lady’s bill.
Senate Bill 315. 136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Holmes.
Thank you, Mr. President. The Senate bill is a shell bill and it was actually Senator Martinez’s and she has been kind enough to sign it over to me, so I do want to say thank you so much, Senator Martinez. I appreciate it. This is a shell bill at this point. What this bill is going to do is it’s going to address an issue that I’m working on with Representative Linda Chapa LaVia, regarding our local schools. I’d appreciate the Chamber allowing me to pass this over to the House, and obviously you all will have the chance to see it and review it before we proceed with it here in the Senate again. I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you for that explanation on the shell bill. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 315 pass. All those in favor, vote Aye. All those opposed will vote No -- 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 56 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 315, having received the required constitutional majority, is declared passed. I’d ask you to go down, continuing on Senate Bills 3rd Reading, to the middle of page 45, is Senate Bill 321. Senator Kotowski, do you wish to proceed? He indicates he -- but I think Senator is seeking 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 leave of the Body to return Senate Bill 321 to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? So, leave is granted. Now we’re on the Order of 2nd Reading, is Senate Bill 321. Madam Secretary, has there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Kotowski, to the amendment, sir.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 1 allows the Director of Public Health to reduce the amount of penalty assessed under this Act. A facility must submit to the Director a written request for a penalty reduction, in a fashion designated by the Department, which comprises an accounting of all costs for goods and services purchased in correcting the violation. A facility that accepts a penalty reduction under this Act waives its right to dispute a notice of violation and any remaining fine or penalty in an administrative hearing. Floor Amendment No. 1 adds an immediate effective date.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the gentleman’s amendment? Seeing none, all those in favor will say Aye. All those opposed will say Nay. It’s the opinion of the Chair, the Ayes have it, and Floor Amendment No. 1 to Senate Bill 321 is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 321. Senator Kotowski, you wish to proceed? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill.
Senate Bill 321. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Kotowski, to the bill, sir.
Thank you -- thank you, Mr. Chair and Ladies and Gentlemen of the Senate. Senate Bill 321 -- simply codifies an existing practice of the Department of Public Health. I’ve articulated what the amendment does. I would simply ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 321 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 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 321, having received the required constitutional majority, is declared passed. Senator Schoenberg, on Senate Bill 324, sir. Do you wish to proceed? I think -- are you seeking leave of the Body to return this or out of the… You are seeking leave of the 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Body to return this to the Order of 2nd Reading for the purpose of an amendment. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 324. Madam Secretary, has there been any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg, to Floor Amendment No. 3, sir.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 3 adds a sunset date to this multi- year proposed borrowing plan. It’s my intention to adopt the amendment, hold the bill on 3rd Reading, and to seek an extension of the bill passage deadline. I’d urge its adoption.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. All those opposed will say Nay. It’s the opinion of the Chair, the Ayes have it, and the amendment is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Okay, continuing on Senate Bills 3rd Reading is Senate Bill 327. Senator Crotty. Senator Maggie Crotty, do you wish to proceed on Senate Bill 327, ma’am? Senator Crotty, you wish to proceed with this, ma’am? She indicates she does. Madam Secretary, read the lady’s bill.
140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate Bill 327. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Crotty, to the bill, ma’am.
Thank you very much. Senate Bill 327 amends the State Facilities Closure Act. It provides that if appropriations have been made for the current fiscal year for the operation of a State facility during the entire fiscal year, then no action may be taken to close the facility, to reduce its capacity to serve the number of residents, youth, or inmates for which the appropriation was made, or to move its location from the county in which the service is provided, unless the action is specifically approved by the same joint resolution of the General Assembly. It’s fair to say that I’ve had discussions, many discussions, with not -- not only my colleagues, but many of you came out to tour a facility such as the Howe Development Center that the previous Governor has -- had planned on closing. But I’ve had many discussions with Governor Quinn and his staff and I will continue those discussions and I ask that everyone join me today in voting for this. And I also want to thank all the cosponsors. I think -- it’s been said by Leader Radogno that it’s -- in the -- in the local newspapers, and I want to thank you, that something isn’t done this seriously in a real willy-nilly way, and that’s how -- that’s how I feel too. So a lot of -- a lot of discussion is still to be had, but I want to thank all the cosponsors.
PRESIDING OFFICER: (SENATOR DeLEO) 141 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you very much, Senator. Is there any discussion? Is there any discussion? Senator Rutherford, for what purpose you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she’ll yield for a question, sir.
Just for clarification, Senator. I’d -- I’m -- and as you can appreciate, you know, I’ve been through a facility closure act that had a dramatic and extremely negative impact on all of central Illinois. And the COGFA came through, unanimously suggested that the actions of the previous Governor not be put into place. So, to be clear in what we’re doing here, if the appropriations were in for Howe or were in for Pontiac or in for Stateville and approved by the General Assembly, were signed by the Governor, and went into law as the appropriation for the fiscal year, what your legislation would do then is not provide for the administration’s ability to go through those enumerated acts that you had talked about, but yet they could still continue on with their efforts into a new fiscal year and would still -- and -- and this also then also continues to retain the COGFA oversight hearing and input process. Is that correct?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
That is correct. But if the -- but if the Governor would change his mind and wants to close that facility, then, and only then, this bill would require the Legislature to authorize that 142 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 closure.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford.
Thank you, Mr. President. Again, just to further clarify, and I understand what you just said, but that is only valid through that fiscal year unto which the appropriation had already been signed into law by the Governor. So if a Governor were to decide to close a major State facility, again, the COGFA process will continue and this joint resolution would not be necessary if, for example, the administration decided to do it on July 1st as opposed to June 30th. Is that correct?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
That is correct. I think that’s what COGFA was set up to do, is to look at all the -- the way that this closure would impact the community, the economy and the budget.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rutherford. Ladies and Gentlemen, we have seven lights flashing…
Mr. President, thank you very…
PRESIDING OFFICER: (SENATOR DeLEO) Just a minute. Just a minute. Just a minute. I speak first. That’s the rule here. I get to -- I get to go first. We have seven lights flashing. We have to go to Executive Committee in a few minutes, so please bring -- I don’t want to go to the timer. Please try and bring your remarks to a close. 143 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you. Senator Rutherford.
Mr. President, this is a very important piece of legislation that has affected a number of communities throughout the State, inclusive of Senator Crotty’s, Senator Wilhelmi’s and Senator Rutherford’s. So I -- I do want to make sure that we have clarity on what this is doing, and after the line of questions that I did have with Senator Crotty, I just want to stand in support of the legislation, because the process that we had gone through under this past Governor - what he did to communities - was very unfortunate, inappropriate. And throughout that time, we all - and many on COGFA and many that were affected - wanted to have some sort of teeth and substance to what the Commission on Government Forecasting and Accountability had to it. I see this being a very positive forward step, too. And, Senator Crotty, I appreciate this and I look forward to supporting your legislation.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio, for what purpose you rise, ma’am?
Yes, to address the bill.
PRESIDING OFFICER: (SENATOR DeLEO) …bill, ma’am.
Yes, I, too, want to stand in support of Senate Bill 327. The sponsor has done a wonderful job. And having just been notified, about two weeks ago, that I, too, have a facility closing in Pere Marquette - it’s Pere Marquette Juvenile Center, where we have young women that are going through a 144 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 rehabilitative area there - I want to tell and -- and address to the sponsor how devastating that is and I will do everything I can to help her and to help all the other communities that are being addressed. In support of this legislation.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Bivins, for what purpose you rise, sir?
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she’ll yield for a question, sir.
Thank you. In committee, I had a note here that we -- it was going to be held until language could be -- satisfy some of the opponents. Was that done? I know you said the Governor’s Office is okay. But I notice there’s several opponents here listed. Have -- are all them been satisfied?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
I think my commitment was to continue to talk about the -- the bill, especially with the Governor’s Office. I’ve worked very closely with those that are opposing this bill. In my last piece of legislation, during the last General Assembly, I passed that -- legislation that allowed all persons with disabilities and the elderly to have a choice in where they live. Now some have made the -- the choice that all State facilities should be closed, some of the opponents. I don’t agree with that. I -- I feel very strongly that the families that are there, that I’ve 145 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 met with - and I’ve met with the residents there - that there is a place for them in this State facility, because not only their needs, but it is their choice. I will never be able to change everybody’s opinion on where they think others would be better suited to live. But I -- also in that bill, it allowed families and guardians of those persons who could not make the choice for themselves to choose. And because of that, I’m bringing this bill forward for those families and those residents that I feel very strongly want to live in the home that they’re residing in and have resided there for, some of them, thirty years.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Further discussion? Senator Murphy, are you seeking recognition, sir?
Yes, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates she’ll yield for a question, sir. Senator Murphy.
Senator, I -- I certainly understand your feelings about Howe and why you feel that way. Can you help me understand the practical effects of how this bill will impact State government’s decision about what to do with the Howe facility?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
I’m sorry, could you repeat that? I’m sorry.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy. Senator Murphy. 146 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
I -- I’m just trying to understand how the government’s ability to make a decision on the Howe facility will be affected by this bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
Well, I think it -- it gives everyone, the residents, the Legislature, whoever the Governor might be, an opportunity to make sure that all have been heard before we close this -- this facility or any other facility. And I think this bill…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy.
…addresses that.
And -- and I appreciate that. Can -- can Howe be closed in Fiscal Year ‘09?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
No, not in -- not in ‘09. 0’10 {sic} if I’m not mistaken, yes. In the budget for -- if it’s proposed -- no, not in ‘09. And if it’s proposed in 0 -- in ‘10, say, for instance, partially funded, then the Governor could close that facility because it was partially funded. But if -- if the…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy.
147 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 If -- so if this bill were to pass and there were some funding in the budget we pass later on this spring for 0 -- for ‘10 for Howe, then Howe could not be closed until at least FY’11. Is that accurate? Whereas, if this bill didn’t pass, Howe could potentially be closed within Fiscal Year ‘10. Is that an accurate assessment?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
If there’s money for Howe or any other facility in a budget, then that facility would stay open. If it’s not in the budget, obviously then it’s up to the Governor to close it.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Murphy.
And, again, that’s under this bill, that you’re proposing that be the rule. That’s not the rule now. And then one last question and that’s all I have. Are there -- there have been constitutional issues raised between, you know, taking an Executive power and -- and providing it for the Legislature. Have -- can you address those -- whether you’ve considered the constitutional ramifications of this? Those are the last two questions, and I appreciate your -- your -- your indulgence.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
I -- I feel that the -- the Governor still has that authority, but it’s -- it comes back to the General Assembly, like many other bills, and we would be able to weigh in on -- on 148 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 that decision, like we do when we override a veto. I look at it in the same -- in the same manner, Senator. Thank you for your questions.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Further discussion? Senator Haine. Senator Haine, for what purpose you rise?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) …bill, sir.
Thank you, Mr. President. Very quickly, I -- I have just unbounded esteem for the proponent of this bill, the sponsor of this bill, and I have compassion for the residents of the homes. Obviously, I’m not familiar with it, but I share Senator Murphy’s concern about the constitutionality of this. The -- we’re, in effect, making an Executive decision, however we try to dress it up, in procedural rules. It’s still enough of an obstruction of Executive responsibility as to call into question the balance of power. And the precedent for me is that if we go down this road, we will all be faced with similar requests from people who live or work in facilities that may be closed. The - - the governors make those decisions as part of a whole plan. Some of them, as in the past few years, were based upon a perverse view of things, perhaps, but in essence, the Constitution says that’s where the buck stops. I hate to assume that because I don’t want to make that decision locally for the entire State. And I reluctantly cannot support this -- this bill. 149 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Senator Viverito, for what purpose you rise, sir?
To…
PRESIDING OFFICER: (SENATOR DeLEO) …bill, sir.
Yes. Thank you very much. As much as I hold the sponsor in high esteem for what she’s trying to do, but obviously they have longstanding problems uncovered at Howe Center and obviously the decision to close Howe Developmental Center is fully supported by the tragedies which have been documented time and time again. Since September of 2005, thirty-one people have died at Howe. Seven of those individuals have died since September of 2008. Howe has had the highest death rate of any State-run developmental disability institution. The loss of federal funds have amounted to approximately forty million dollars. We are losing something like two million dollars a month in reimbursements from Medicaid. It has not even been certified as a Medicaid hospital. They’ve been wanting to build a new hospital in that facility and a lot of the other developmental institutions are being deprived of thousands and millions of dollars that they need. The sponsor of this bill is well intended, but obviously the neglect of the patients is obvious to me. That particular piece of property is sitting there, honestly, not doing what it’s supposed to do, because they’re not taking care of the patients as they should. Not to get Medicaid certification is probably as sad a condition as I 150 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 could ever, ever witness. So I wonder if you’re really trying to go up the right track, Senator. And also I know that the -- Tinley Park is eager to see it become a new hospital, do a complete developmental facility, commercial and private, in that industry over there. And obviously you’re sitting on a piece of property that’s too -- too valuable to begin with.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. We have three people seeking recognition. Ladies and Gentlemen, please let me remind you, we have six minutes to go to committee, Executive Committee. So please try and bring your remarks -- short. Senator Maloney, are seeking recognition, sir?
Yes, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) State your point, sir.
Okay. Thank you. To the bill. I -- I just -- I would take issue with the -- the -- the care being taken -- the patients at Howe. I have personally been there twice and there seems to be a gap between the official reports and what’s going on out there. Because I have personally been out there twice, and both the patients and the families -- patients do nothing but have praise for the personnel that are taking care of the people there. That’s -- that’s -- so I don’t think that should be the issue in this particular bill. Also, it’s true, and it may be an ancillary issue here, that the -- the -- the land is very, very valued by the Tinley Park City out there. So that -- but that issue is not germane to this bill. But I just felt 151 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 that I needed to get up and -- and make that point, that between the official report and what is actually going on out there, there seems to be a gap. And I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) …you. Senator Schoenberg. Senator Schoenberg, for what purpose do you rise, sir?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Senator Murphy and -- I was the chief -- I authored the State Facility {sic} (Facilities) Closure Act. I -- I’m the Senate Chair of the Commission on Government Forecasting and Accountability. Senator Murphy and Senator Haine touched upon an issue which really transcends this particular facility or any prison or any -- State office building, whether it’s the Department of Transportation’s maintenance facility or anything else. And that is the whole separation of powers question. The only reason, Mr. President, I’m even rising to speak on this is because whoever does not get their way in a particular matter invariably goes to court to seek a remedy to reverse the decision. So, I think there’s some weight to what I’m saying. There’s a separation of powers issue that I have looked at over the years every which way to try to have the will of the General Assembly be more binding upon the Executive Branch. The way the process is set up now is the best way that we can keep it constitutional, despite the well-intended efforts of the bill sponsor. The other point I want to share with you is we are 152 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 currently in the middle of making a decision on one particular facility. I sat through hours of hearings in Senator Crotty’s district. I’ve talked -- I’ve spent countless hours more speaking with people on both sides of the issue. We’re currently in the process of making that decision based on the current law right now and therefore I think it would be inappropriate for me, at least, to vote one way or the other in support of this, because it’s as if I’m being asked to make a judgment on a case that’s currently under consideration. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Jacobs, for what purpose you seek recognition, sir?
I just want -- to the bill. I just want to agree with Senator Haine. I think it’s Executive privilege. I understand your point, Senator. I -- I would love to put through a resolution to open my Thomson prison, my hundred-and-sixty- seven-million-dollar prison that was built nine years ago that is completely empty. And I’m really glad that other people are happy about what’s happened, but I think the State is at the point we’re going to have to do what’s right, not what’s politically good for us. And so, you know, these are going to be some tough decisions. My understanding is we have a thirty percent crowding in our prisons. So if someone could explain to me in this building, if the Governor is in the building, if you could explain to me why my hundred-and-sixty-seven-million- dollar, state-of-the-art brand-new facility is empty, I’d love to hear from you. 153 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. That completes all people seeking recognition for speaking. Senator Crotty, to close, ma’am.
Well, I have to quickly just go over a few points that were made and erroneous. Let’s talk about the deaths. Some of you who have been at Howe and what Howe is actually set up is to take the most profound, medically fragile individuals with disabilities that need twenty-four-hour nursing care. I’ve met with the parents and the parents would say, do you think I would leave my family member, my son, my daughter, there if they’re being abused? The answer is, no. Many families have said that the life expectancy for their sons or daughters were not to be what they are today, but for the care that they have gotten at Howe, they are still alive. It’s true, it did -- it did lose its Medicaid. I’ve contacted Congressman Jackson’s office and I’ve worked very closely with his staff to find out why did we lose the Medicaid funding and why aren’t we able to -- to get that back. Oh, we could get it back with different administration. Many of the reasons why it closed was because of the administration and the record keeping. That’s on record. It’s true, the property is valuable. And if we look at the last administration, money meant everything. Persons with disabilities did not. Their families did not. Those that are still there wish to be there, and if this facility closes, they’re going to be put in another State facility. And for some of them, they have resided in three different State facilities. And those parents have sold their homes and followed their children. Now the parents are in their seventies and eighties 154 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 and their kids are in their late fifties. I think Senator Jacobs said it’s time that we do what’s right, and that’s what I’m asking, for a Yes vote on Senate Bill 327 for the people who need us the most. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Ladies and Gentlemen, the question is, shall Senate -- Senate Bill 327 pass. All those in favor will vote Aye. All those will vote Nay. The voting is open. Have all voted a wish? Have all voted a wish? Have all voted a wish? Have all voted a wish? Madam Secretary, take the record. On that question, there are 42 Ayes, 13 Nays, 3 voting Present. Senate Bill 327, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, as previously announced -- as previously announced, the Senate Executive Committee will meet immediately - immediately. All members of the Executive Committee will report to Room 212. The Senate will stand at ease until call of the Chair, till after committees and committee reports. We’re at recess to call of the Chair and the committee -- please stay very close, because I’m informed that the committee will be very short. We’ll be returning back to the Floor for Senate Bills 3rd Reading, final action. So we’ll be back to the Floor in a very short moment. The Senate will stand in recess to call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeLEO) The Senate will come to order. Madam -- Madam Secretary, Committee Reports, please. 155 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Senator Silverstein, Chairperson of the Committee on Executive, reports Motion to Concur in House Amendments 1 and 2 to Senate Bill 364 recommend Do Adopt.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Madam Secretary, Messages, please.
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 266. We have received like Messages on House Bills 723, 1035, 1057, 2445, 2540, 2547, 3729 and 4051. All passed the House, April 2nd, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR DeLEO) Madam Secretary, Resolutions, please.
Senate Resolution 192, offered by Senator Risinger, Senator Harmon and all Members. It’s a death resolution.
PRESIDING OFFICER: (SENATOR DeLEO) Resolutions Consent Calendar. We have WICS, here in Springfield, requesting permission to videotape the proceedings. Seeing no objection, leave is granted. Madam Secretary, Introduction of Senate Bill.
156 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate Bill 2450, offered by Senator Trotter. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, as I mentioned before, before we went to recess and to committees -- we broke for committee, we’re going back to Senate Bills 3rd Reading. This is final passage. We will go to page 45 of the Calendar. Once again, all Members within the sound of my voice please come to the Senate Floor. This is final passage. It is the intention of the President to finish this evening. It’s the intention. This is the intention. You’re a lawyer. That means it’s not going to happen. It’s the intention of the Chair -- of the President try and finish this evening. Please try and keep the debate short when possible. So, Ladies and Gentlemen, we will go to page 45 of your Calendar, Senate Bills 3rd Reading, comes Senate Bill 329. Senator Kotowski. Out of the record. Senator Koehler, on 330, sir. Out of the record. Senator Haine. Senator Haine, on 337, sir. Senator Haine, do you wish to proceed, sir? He indicates he wishes to proceed. Madam Secretary, read the gentleman’s bill, please.
Senate Bill 337. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Haine, to the bill, sir.
Thank you, Mr. President, Ladies and Gentlemen of the 157 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate. This is a bill which only affects the Metro-East Sanitary District Act, which is the sanitary and levee district which runs along the Metro East, Madison and St. Clair County, Senator Clayborne’s district and my district. Last year, when we -- we did the comprehensive levee bill to repair and reconstruct this levee, it was found through an extensive survey and audit that a number of properties protected by the levee were not actually annexed into the levee. This merely allows the sanitary districts - it’s permissive - it allows them to annex in those areas that are protected by the levees and have them pay a small fee if they wish to protect themselves.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Senator Burzynski, for what purpose do you rise?
Thank you, Mr. President. To the bill. I understand what Senator Haine is trying to accomplish here. I understand that there are properties that are currently within the district that are being served that are not being taxed for that service, and -- and what he says has an element of fairness in it. I’d just like to point out for my colleagues that have maybe a problem with forced annexations, though, that this bill does call for forced annexations of those properties, at least as I understand it.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Thank you, Mr. President. And thank you, Senator, for your comments. This is not a forced annexation as we had customarily 158 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 viewed it. These are properties that historically have -- are in the flood plain that should be in the assessment area. And because of past bungling, perhaps, or worse, they have avoided formerly paying a tax. And everyone else surrounding them or bordering them that are in the floodplain, they pay to protect the -- the -- the levee. This actually should have been done years ago. There’s no mechanism in the MESD Act to do it. This just allows the locals to do it. These are the people that get the protection and they should be helping to pay to keep the mighty Mississippi within its boundaries. So I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Further discussion? Senator McCarter. SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. SENATOR McCARTER: Senator Haine, the -- the people that you’re talking about that are not currently in the new Metro East Sanitary District, are they within another district?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
No, sir. They’re -- they’re in -- they’re in some drainage districts. They’re -- they’re interlocking drainage districts. But they’re -- they’re not in another sanitary or levee district. So the drainage areas are separate. And maybe that - - that might have been - I’m speculating - the reason why they 159 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 were never brought into this. But that’s what this bill allows these people to do, is sort this out. None of these drainage districts have called me in opposition to the bill, however. I mean, they all flow into the levee system.
PRESIDING OFFICER: (SENATOR DeLEO) Senator McCarter. SENATOR McCARTER: Do the drainage districts that they’re currently in assess a fee to them?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
I think so. I think so. Most of them do. Most of them -- but what it is I don’t know. It varies from district to -- to district. But I don’t know what -- what that is. But they all should be paying for -- for the levee. It isn’t the drainage -- the drainage districts are part of the levee system, but the levees stop the -- the river. That’s the key.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Seeing no further discussion, Ladies and Gentlemen, the question is, shall Senate Bill 337 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 53 Ayes, 3 -- 2 Nays, 0 voting Present. Senate Bill 337, have received the required constitutional majority, is declared passed. Continuing on Senate Bills 3rd Reading is Senate Bill 338. Senator Demuzio. Out of the record. Senator Bond. 340. Senator Bond, I 160 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 believe, is seeking recognition to return this to the Order of 2nd Reading for the purposes of an amendment. Is that correct, sir? Leave is granted. Now on the Order of 2nd Reading is Senate Bill 340. Madam Secretary, has there been any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Bond, to the amendment, sir.
The amendment just makes some technical improvements to the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. All those opposed will say Nay. It’s the opinion of the Chair, the Ayes have it, and Floor Amendment No. 1 to Senate Bill 340 is adopted. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the 3rd -- on the Order of 3rd Reading, Senator Bond, do you wish to proceed? He indicates yes. Madam Secretary, read the gentleman’s bill.
Senate Bill 340. (Secretary reads title of bill) 3rd Reading of the bill. 161 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Senator Bond, to the bill now.
Thank you, Mr. President. This bill protects children in our child welfare system from financial exploitation. What we’re asking DCFS to do is to run credit checks on kids at least once a year. One in twenty youth are victims of identity theft and there’s a particular, vulnerable population in our DCFS system that needs more oversight to protect them against financial exploitation. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 340 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 58 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 340, having received the required constitutional majority, is declared passed. Senator Hendon, on Senate Bill 349. Senator Hendon, I believe you’re seeking leave of the Body to return this back to the Order of 2nd Reading for purpose of an amendment. Is that correct, sir? Seeing no objection, leave is granted. Now on the Order of 2nd Reading comes Senate Bill 349. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment 2, offered by Senator Hendon.
PRESIDING OFFICER: (SENATOR DeLEO) 162 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Hendon, to Floor Amendment No. 2.
Thank you, Mr. President. Floor Amendment No. 2 becomes the bill. It address some concerns of the NRA and the Cook County State’s Attorney and other members of the committee, who wanted to make sure that even with this gun buyback program, that the prosecution could still prosecute on other matters other than the ownership of the weapon. We took care of that. The NRA is now neutral on the bill. And the State’s Attorney knew we were having a meeting today, they didn’t come at all. So I believe that they’re neutral on the bill as well. And I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Burzynski, for what purpose you rise?
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DeLEO) Yes, sir. You know we’re on the amendment.
Oh, excuse me. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Is there any discussion on the amendment? Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair, the Ayes have it. And Floor Amendment No. 2 was adopted to Senate Bill 349. Madam Secretary, has there been any further Floor amendments approved for consideration? 163 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 349. Senator Hendon, do you wish to proceed, sir? He indicates does. Madam Secretary, read the gentleman’s bill.
Senate Bill 349. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hendon, to the bill, sir.
Thank you, Mr. President. I’m sure all of my colleagues have recognized the fact that I have very few bills this year, and there’s a reason for that. I wanted to just concentrate on legislation that was most dear to my heart so that I could get you to vote with me the only one or two times on legislation that I have. This is a bill that tries to solve two problems at one time. And I actually prayed that I would not have to talk about another child murdered in Chicago when I presented this bill to get the guns off the streets. Unfortunately, I was reading Reverend Meeks’ Chicago Sun-Times and I saw that a sixteen-year-old was shot to death last night. We simply have to get these guns off the streets, from the hands of those who do not own them lawfully. This does nothing to take a weapon away from someone who owns it lawfully or in the protection of their own home or for sports shooting, or anything like that. 164 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 But those who have illegal weapons within our inner cities, the West Side, South Side, Joliet, you name it, this will get the guns off the streets. It provides a mechanism to pay for the gun turn-in and it provides a list - and it’s only a list; it’s not mandatory or anything like that - a list that can be given to those who are doing this work from the stimulus package, which we just voted for, billions and billions of dollars, to allow the young men who want to turn their lives around, who turn in two guns or more, to get an opportunity to get a job. Because, I tell you, if we don’t give them an opportunity to change their lives, the -- the ones that do want to change their lives, then they’ll be right back into the same negative activity within a few days. I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) …you, Senator. Is there any discussion? Is there any discussion? Senator Burzynski, for what purpose you rise, sir?
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir. Senator Burzynski.
Thank you. Senator Hendon, one of the reasons I’m rising to ask questions is our analysis hasn’t quite come up on the system yet. So, for our Members, I just want to clarify, you know, what -- what you’re doing - so just as a backgrounder. First of all, Senator, the gist of the program is a gun buyback 165 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 program which basically will initiate a register for -- those individuals that turn firearms in, that they can be put on a -- a register of some sort that will be provided to businesses indicating that these individuals have -- have turned firearms in and they are prospective hires. Is that basically what you’re trying to accomplish?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.
Yes, that’s basically it and that these are young men. Now they can remain anonymous, like it currently is, if they want to and just get their hundred dollars and turn the gun in. But if they want to really turn their lives around, the names will go on a list for prospective employers.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.
Thank you for that answer, Senator Hendon. I think -- you know, we -- we all grieve when we read about the deaths of young people, old people, whatever, but in particular when we’re talking about youth that are killed by senseless violence, and certainly, you know, we applaud your efforts to try and -- and remove these firearms, get them off the street when they’re illegally owned. What -- what is the revenue stream for -- if you would, what is the revenue stream for the bill?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.
This -- this bill appropriates one million dollars from all 166 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 of the money we just -- voting on, so it will be a hundred dollars a gun, but it’s a stream -- it’s a one-million-dollars appropriation.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Burzynski.
And -- and, again, just for clarification, just to make sure my Members hear over there, it’s a voluntary program. There’s nothing that indicates somebody must be hired just because they’ve turned in a firearm. And then the other question I had goes back to some of the discussion; it was the other day - and, again, I’m working without a net here, so to speak - but relative to prosecution perhaps of those who turn in a firearm that had been used, you know, in a crime -- in -- in a crime or perhaps killed someone, or -- or whatever, and how that ties in here, Senator.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.
Thank you, my friend. Yes, the prosecutions can go forward. The ballistic testing goes forward. That -- we put that in to appease the -- the State’s Attorneys and those who were against the bill, who are now neutral because we put it in. So, yes, and the -- the list is just voluntary. It just provides a list. No one must be hired. It’s just, here’s some opportunity. And if we save -- if we save one child - you know, if we save one child - if we turn one child’s life around and save one baby from being shot, you know, I can -- I can -- I can say that my seventeen years here in the Senate has not been in 167 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 vain.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Further discussion? Further discussion? Senator Jacobs.
I rise in strong support of the gentleman’s bill. Compromise is -- is the word of the day. And I want to point out that when the West Side and the redneck side of Illinois can agree, we can do great things for the people of Illinois.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Further discussion? Further discussion? Senator John Jones, for what purpose you seek recognition, sir?
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Senator Hendon, I support the legislation, but, quick question, why is the prosecutors still opposed?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.
I believe, Senator Jones, they’re neutral now. They were opposed before we adopted the amendment this morning. But now they are neutral. And to Senator Jacobs, this is statewide; any municipality can -- can say we want to participate. So it doesn’t stop at just in Chicago, because right now the problem is not just in Chicago. But anyone can participate and the 168 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 money doesn’t -- isn’t drawn down unless we get the guns off the street.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Jones. Senator John Jones.
Thank you, Mr. President. Just to follow up, Senator Hendon. We’re being told, though, they’re still opposed to the bill, so, you know…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.
The only thing I can tell you, Senator, and you know I -- there’s no way I’m going to try to, you know, put something past you. You’re much too bright for that. And as I say, I’m only carrying a couple bills, so I really -- I’ll never lie on this Senate Floor. They testified in committee on Tuesday. They ask for the amendment. We put the amendment in. They didn’t come and oppose it today. They knew all about the hearing. They didn’t come to oppose it. I -- I appreciate the NRA, because they put in a slip, a neutral slip, today. But they were on the same side as the State’s Attorneys, so I believe if I appease the NRA, I probably took care of the State’s Attorneys as well.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Jones.
Thank you, Mr. President. Well, just -- if you would, Senator Hendon, as it moves over to the other Chamber, just contact them and see if they still are opposed to it and let us know. Thank you. 169 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Haine, are you seeking recognition, sir?
Yes, sir, for a very quick comment on this bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Just as a matter of record, I met with the Cook County State’s Attorney’s, one of her top assistants, this morning on another matter, and her legislative liaison. At no time did they mention they were in opposition to Senator Hendon’s bill. So I presume they’re okay with it. I also want to add that Senator Hendon has brought forth something -- a bill to do -- to do a -- to try to address the problem of gun violence in the City of -- of Chicago. And nowhere in the bill does it impinge on the lawful gun owners of my district. That’s a remarkable fact. Should be remarked upon and noted. And those of us downstate should appreciate that and vote for the bill. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you for your remarks, Senator. Senator Syverson, are you seeking recognition, sir?
Yes. Just a clarification, Senator, since I wasn’t in committee. The list we’re talking about…
PRESIDING OFFICER: (SENATOR DeLEO) You asking will the sponsor yield for a question, sir?
170 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Yes. Yes, Mr. President, thank you.
PRESIDING OFFICER: (SENATOR DeLEO) He indicates he will.
Thank you, Mr. President. Very kind.
PRESIDING OFFICER: (SENATOR DeLEO) Please proceed.
Senator, the -- a person turns in -- turns in a gun, and if they want to, they get put onto a list as a list of people that turned in guns and that list is going to go to a construction company for example. I got tell you, why would a -- why would a construction owner, if he has a list of unemployed past contractor workers here, and these individuals that may be, one way or another, tied in or involved in a -- a gang or a gun issue, why would an employer turn around and -- and hire a person on that list? I would think that’s going to cause more problems than it is if they were on a -- a list that didn’t tie them to the guns, whether they’re giving back or not. Am I missing something on this?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.
Reason why some contractors would do it, and it’s -- remember, it’s -- it’s not forcing them to do it. They don’t have to do it. But there are some who want to see these young men turn their lives around. There’s some who understand the fact that we’re spending much more money incarcerating these -- these young people, paying for the emergency room visits. As I 171 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 said, a sixteen-year-old was killed this morning. We have buried twenty-nine, just in Chicago, school children. We broke the record from last year alone, already, and it’s just April. So, there are contractors out there that understand and they also understand that some of these young men are not terrible. They have those, maybe, weapons to protect themselves against the real terrible guys. Okay? I give young men work with these construction companies pretty much every week. I have very few problems. There are some very dedicated and hard workers. And everybody who gets in -- in trouble is not guilty. We see my friend, the Senator from Alaska, was overturned today because he wasn’t guilty. So everyone who gets in a little jam is not necessarily a bad person or guilty of anything. So, the list is provided. They don’t have to hire from the list. But coming -- through our neighborhoods, there’s going to be a lot of potholes to be fixed. It’s better to give them a opportunity, just an opportunity, just some hope, than to give them absolutely no hope whatsoever.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Syverson. Anything further, Senator?
I guess if a person -- okay, here -- I guess this is where the -- why the question is, so a person turning in a gun committed a felony with that gun, this legislation gives that person amnesty or is it spelled out that it does not? And can you point to where…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon. 172 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
This is -- this is just like the City of Chicago’s current buyback program. They’re not given amnesty for any other crimes associated with that gun. They are only given amnesty for possession of that weapon when they’re turning it in to the State Police or the Chicago Police Department. But they are not given any amnesty. Right now, they could remain anonymous and absolutely -- there is no list. So we’re actually giving -- providing more information, if you want, of people who had weapons. Because, right now, they are anonymous. There is no list and they don’t have to have -- get on the list unless they want to. I don’t think someone who committed a crime with that weapon would want to get on the list. I think those are going to be the people who just had that for their own personal protection. But it does not stop any kind of prosecution of any wrongdoing whatsoever. And I would certainly appreciate an Aye vote from all of my colleagues.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Kotowski, are you seeking recognition on this matter, sir?
Yes, sir. Sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
I -- I appreciate the -- Senator Hendon’s intent on this and his leadership on this issue. Just a point of clarification, ‘cause I think it’s very important. The -- the guns that are turned in, they can still test and investigate and 173 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 do the ballistics on those weapons.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.
Yes. And the people who turn those guns in can still be prosecuted for any crimes that end up being discovered because of the guns. I’m actually helping the police department out, because I’m getting them some -- some -- some evidence that they otherwise would not have. But I’m helping people like myself out who live with them every day. When I leave here, Senator, and I go back on the -- pull up on the West Side, they’re going to be standing in front of my house, and when I tell them to move, ‘cause when they see my car, they move -- my neighbor’s scared to death. They don’t say nothing to ‘em. But the one thing they’ll say is, “Rickey Hendon, I’ll stop, but can you get me a job.” I don’t lie to ‘em. Right now, I can tell them, no, I can’t. Lot of ‘em just dropped out of school. They can’t get back in school ‘cause they turned eighteen. What are they going to do? Are these throwaway children? So, the answer is, we can still send ‘em to jail, but I know many of ‘em are just out there with those weapons for self-protection. Just like -- that’s why I’m not going against our right for self-protection, as Senator Haine said. I admit, I will protect my household against any and all intruders.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Senator Kotowski.
Thank you, Senator Hendon. And this matches what the City of Chicago does in -- in conjunction with the Chicago Police 174 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Department?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.
Yes. It piggybacks on what the City of Chicago does and, in my opinion, just makes it better, because we’re working on a long-term change of attitude by adding the job component so they can have a chance if they want to turn their lives around.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Kotowski, anything further, sir?
Thank you, Senator Hendon. I appreciate it. Thanks.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Bivins, are seeking recognition on this bill, sir?
Yes, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
Thank you, Mr. President. Senator, do you know of any other place that this is -- they have used this program?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon.
There -- there are other places that uses the program, but they don’t have the job component to it. I added the job component to it because I think that we have to think outside the box and -- and come up with some real solutions. The gun 175 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 buyback program has been going on in Chicago for a little while, yet we still see these unfortunate and terrible murders every day. So I’m -- and the churches are helping in doing the buyback program. So I’m piggybacking on an existing program, just trying to make it a little better. And I’m providing the cities with -- with a -- a source of revenue so they don’t have to go begging for the money to pay for the -- the buyback.
PRESIDING OFFICER: (SENATOR DeLEO) Further discussion? Further discussion? Chief -- Senator Millner, I’m sorry. Senator Millner.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Normally, I have to tell you, the gun buyback programs just don’t work. At least, that’s what we see and I just think basically it’s kind of a sham. Sounds good. Politically, it sounds good. But this time -- this time, this bill’s different. This bill’s adding jobs to it. And I don’t think we’ve ever tried it before. I’ve never heard of anybody doing this before. But because of this thinking outside the box, I’m going to support this guy’s bill and I think we all should support him. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much. Okay, Ladies and Gentlemen, seeing no further discussion, Senator Hendon, to close, sir.
I -- I appreciate all my colleagues, especially those on 176 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 that side of the aisle who are going to give me a chance and take a chance with me on this bill. I won’t let you down. And after this, I’ll go in the Chair and I’ll move everybody’s stuff out of here real quick. I appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, the question is, shall Senate Bill 349 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 55 Ayes, 0 voting Nay, 0 voting Present. Senate Bill 349, having received the required constitutional majority, is declared passed. Senator Sandoval, do you wish to proceed, sir? He indicates he wishes to proceed. But I believe the gentleman is seeking leave of the Body to return Senate Bill 351 back to the Order of 2nd Reading for purposes of an amendment. Is that correct, sir? Leave is granted. Now on the Order of 2nd Reading is Senate Bill 351. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Sandoval.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Sandoval, to the -- to the amendment, sir.
Thank you, Mr. President. Like to discuss the amendment on 3rd Reading.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion on the amendment? Is there any 177 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 discussion? Seeing none, all those in favor will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair, the Ayes have it, and Floor Amendment No. 1 is adopted to Senate Bill 351. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading comes Senate Bill 351. Senator Sandoval, you wish to proceed? He indicates he does. Madam Secretary, read the gentleman’s bill.
Senate Bill 351. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Sandoval, to the bill, sir.
Thank you, Mr. President. Senate Bill 351 amends the Business Enterprise for Minorities, Females and Persons with Disability {sic} (Disabilities) Act as it relates to a grace period for curing deficiencies in contract bids. Senate Bill 351 does away with the grace period that’s in IDOT contracts, particularly as relates to minority businesses, women and -- and disabled firms. This requirement does not exist in -- Illinois Tollway contracts, City of Chicago contracts, Water Reclamation contracts, Chicago Public Schools or Department of Aviation. I’d ask a favorable vote. 178 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 351 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 55 Ayes, 1 voting Nay, 0 voting Present. Senate Bill 351, having received the required constitutional majority, is declared passed. All right, Ladies and Gentlemen, before we go to the next bill, I’d like to make an announcement one more time. On Supplemental No. 1, the Agreed Bill List No. 1, the forms have been passed out and distributed. They’ve been on your desk most of the day. The hour of 4:25 having arrived, the deadline’s at 5 o’clock. If anybody has any changes onto the Agreed Bill List, please get those requests in by the hour of 5 o’clock because we will be going to the Agreed Bill List shortly after that. So, thank you. Senator Kotowski, on Senate Bill 369, sir. Do you wish to -- I believe Senator Kotowski is seeking leave of the Body to return Senate Bill 369 back to the Order of 2nd Reading for the purpose of an amendment. Is that correct, sir? Leave is granted. Now on the Order of 2nd Reading is Bill 369. Madam Secretary, has there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Kotowski, to Floor Amendment No. 1, sir.
179 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a good government accountability bill. I -- I have renamed it the Kwame -- “Kwame Raoul Pension Reduction Act”. It’s -- it’s an opportunity to hold him accountable in his future salary. It redefines final average salary for new participants in the General Assembly and Judges Retirement System as the average monthly salary of the participant during the forty-eight consecutive months of service in which the total compensation was the highest, or the total period of service, if the members served less than forty-eight months, divided by the number of months in that period.
PRESIDING OFFICER: (SENATOR DeLEO) …you, Senator. Is there any discussion? Is there any discussion on the amendment? Senator Sandoval, are you seeking recognition, sir? On the amendment? I’ll get back to you in a moment, sir. Okay, is there any discussion on Floor Amendment No. 1? Seeing none, all those in favor will say Aye. All those opposed will say Nay. And it’s the opinion of the Chair, the Ayes have it, and Floor Amendment No. 1 is adopted to Bill 369. Madam Secretary, has there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 369. Senator Kotowski, do you wish to proceed, sir? He indicates he would like to proceed. Madam Secretary, read the gentleman’s bill.
180 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate Bill 369. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) …you, Madam Secretary. Senator Kotowski, to the bill, sir.
This is a -- a simple change that matches up the -- our pension system and the judges’ pension system with TRS, SERS and SURS. If we can make sure that we have average amount of salaries for -- for teachers and employees of the State for their forty-eight months of their career, we can do the same as Members of the General Assembly. I was trying to say earlier, it’s the “Kwame Raoul Pension Reduction Act” and I misspoke. I mean, I kind of went over that, but this only applies to new Members of the General Assembly.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Raoul, are you seeking recognition on this bill, sir?
Yes, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.
I reviewed the bill and I -- I didn’t see an amendment that indicated the “Kwame Raoul Pension Reduction Act”. Do I have your commitment that that will happen in the House?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Kotowski.
181 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you. I -- I -- I went over there. I’m glad you brought that up. I went over there in the House today and I brought that up as a suggestion and people kept on asking me who Kwame Raoul was. And I said, “He’s a Senator. He’s -- you know, he’s very impressive.” And they said, “Well, if we get a chance to meet him, I’m sure we can alter the bill.” So, I will commit to -- well, at least, trying to raise his name recognition in the House.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any further discussion? Any further discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 369 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 55 Ayes -- 56 Ayes, 1 Nay, 1 -- 0 voting Present. Senate Bill 369, having received the constitutional majority, is declared passed. Senator Sandoval, for what purpose do you rise, sir?
Thank you. Thank you, Mr. President. I’d like to be recorded as a Yea vote on Senate Bill 349. My -- my button inadvertently did not make it green on Senator Hendon’s bill, Senate Bill 349 - Yes.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. The record will so indicate your intentions. Ladies and Gentlemen, could I have your attention, please? Could all Members please be in their seats? Could I ask staff to go to the rear of the Chamber? All Members please 182 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 be in their seats. Staff to -- to the rear of the Chamber. Senator Bond. Senator Bond, for what purpose you seek recognition, sir?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
A man from my district, Robert M. Weinger, twenty-four-year -- twenty-four years old, of Round Lake (Beach), was killed in active duty on March 15th as -- as a result of injuries sustained in Kot, Afghanistan, when an IED detonated near their vehicle. He was assigned to the 1st Battalion, 178th Infantry Regiment, 33rd Infantry Brigade Combat Unit, out of Woodstock, Illinois. He and two other men were killed that day, Christopher Abeyta, of Midlothian, and Norm Cain, of Oregon, Illinois. Robert was preparing to become a police officer. I ask you to stand with me here today for a -- moment of silence for this young man who served his country.
PRESIDING OFFICER: (SENATOR DeLEO) I’d ask everybody, please, to rise and stand in a moment of silence and reflection for our severe loss. Please be seated. Thank you. Thank you, Senator Bond. Okay, Ladies and Gentlemen, we’re going to continue on Senate Bills 3rd Reading on the top of page 46. And Senator Hendon in the Chair. Page - - Senate Bills 3rd Reading, top of page 46.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator DeLeo. Senate Bill 397. Senator Hunter. Madam Secretary, read the bill. Senator Hunter seeks 183 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 leave of the Body to return Senate Bill 397 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. Now on the Order of 2nd Reading is Senate Bill 397. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Floor Amendment 1 deletes all and becomes the bill and I’ll explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 397. Madam Secretary, read the bill.
Senate Bill 397. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
184 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 398 {sic} (397) requires the Department of Human Services to share data with other state, municipal and local government agencies through intergovernmental agreements. The data shared includes information from DHS databases - Client Database, Child Care Tracking Systems {sic} (System), and Cornerstone Databases {sic} (Database). And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 397 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 397, having received the required constitutional majority, is declared passed. Senate Bill 414. Senator Raoul. Senator -- Senator Raoul seeks leave of the Body to return Senate Bill 414 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now -- now on the Order of 2nd Reading is Senate Bill 414. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President. Floor Amendment 3 adopts the Housing and Transportation Affordable -- Affordability Index for 185 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 State agencies as a tool for developing statewide plans and as a criteria in allocating funds for transit, highway, economic development, and housing projects in areas where there are Metropolitan Planning Organization…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 414. Madam Secretary, read the bill.
Senate Bill 414. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President. I -- I explained the general idea of the bill when we adopted the amendment. There was some discussion in committee with regards to concerns raised by Senator Sullivan and Senator Risinger about whether this would divert - and Senator Forby - whether this would divert funds from downstate roads. I’ve drafted an explicit -- in explicit language an amendment that would be added on in the House that will specify that this will not do so. 186 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Bomke.
Yeah. Thank you, Lieutenant Governor -- I mean - excuse me - Mr. President. I -- I think you’ve answered my question. So you’re giving us assurances that -- the -- the concern was for downstate, that -- those areas that didn’t have the metropolitan planning area, concern of losing motor fuel tax to areas that had it and the distribution of the money within. You’re -- you’re assuring us that we’re not going to lose any money downstate and not be dictated in the areas that have those metropolitan planning areas.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
That’s correct. This puts language in there specifying Metropolitan Planning Organization areas, and specifically says, at the end of the bill, that it’s not meant to divert any money from any other areas that don’t have Metropolitan…
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you. To the bill. Just real briefly, I want to thank the sponsor for addressing some of the concerns that were brought up in committee. We worked -- he worked with Senator -- Risinger and myself and made clear what the intent of the bill was. We appreciate that and thank you very much. I hope everybody votes Aye.
PRESIDING OFFICER: (SENATOR HENDON) 187 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 The question is, shall Senate Bill 414 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 -- Hunter. Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 414, having received the required constitutional majority, is declared passed. Senate Bill… Senate Bill 450. Senator Clayborne. Senator Clayborne seeks leave of the Body to return Senate Bill 450 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 450. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. -- Mr. Chairman -- I mean, Mr. President. Basically, the -- the amendment creates a sales tax exemption for materials, replacement parts, and equipment purchased for the use of modification, completion, or maintenance of aircraft, power plant, parts and accessories.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, 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?
188 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 450. Madam Secretary, read the bill.
Senate Bill 450. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. Chairman and Members of -- of the -- I mean, Mr. President and Members of the Senate. Basically, the amendment allows for Midcoast Aviation, which is in Cahokia, Illinois, that refurbishes planes, to compete with Missouri, where when they refurbish the plane, the parts and materials will not be subject to sales tax.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator McCarter. SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator Clayborne, does this apply to all those who are refurbishing planes or just Midcoast?
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
189 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 All of those in the State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. SENATOR McCARTER: No other questions.
PRESIDING OFFICER: (SENATOR HENDON) Seeing nothing further, the question is, shall Senate Bill 450 pass. All those in favor, vote Aye. Opposed, vote No. Voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 450, having received the required constitutional majority, is declared passed. Senate Bill 455. Senator Harmon. 455. Senator Harmon. Out of the record. Senate Bill 464. Senator Martinez. Out of the record. Senate Bill 484. Senator Wilhelmi. Out of the record. Senate Bill 488. Senator Kotowski. 488. Senator Kotowski. Out of the record. Senate Bill -- I mean 542. Senator Wilhelmi. Out of the record. Senate Bill 543. Senator Wilhelmi. Madam Secretary, read the bill.
Senate Bill 543. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President. Senate Bill 543 is an initiative of the Home Builders Association to clarify the developer tax 190 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 exemption under the Property Tax Code. Under current law, property under development isn’t subject to an increased assessment until houses are built or the land is used for commercial purposes. However, according to a 2001 Appellate Court ruling, the law is ambiguous, and we want to make it clear through this legislation. I’d be happy to answer any questions. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is… Just -- just a moment, Senator. I believe we have to adopt an amendment. Senator Wilhelmi seeks leave of the Body to return Senate Bill 543 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 543. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi, you just explained it.
Thank you.
PRESIDING OFFICER: (SENATOR HENDON) 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?
…further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate 191 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Bill 543. Madam Secretary, read the bill.
Senate Bill 543. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi, you just explained. All those -- is there any discussion? Seeing none, the question is, shall Senate Bill 543 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 57 voting Aye, none voting Nay, none voting Present. Senate Bill 543, having received the required constitutional majority, is declared passed. Senate Bill 544. Senator Hunter. Out of the record. Senate Bill 545. Senator Meeks. Senator Meeks. 545. Out of the record. Senate Bill 574. Senator Koehler. Senator Koehler seeks leave of the Body to return Senate Bill 574 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 574. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, thank you, Mr. President. The amendment becomes the bill. I’ll talk about it on 3rd. 192 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 574. Madam Secretary, read the bill.
Senate Bill 574. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, thank you, Mr. President, Members of the Senate. Senate Bill 574 amends the County {sic} (Counties) Code to prohibit local health departments from discouraging the purchase or consumption of locally grown foods in relation to foods that are not locally grown. What we have is an emerging industry of small farmers producing vegetables and crops to be able to sell to restaurants. Health departments come in and they can’t tell where the source is. They don’t want to look into it further, so they’re advocating that they -- we buy produce from Mexico or California or some other place, and this would stop that. They cannot discourage local growers.
PRESIDING OFFICER: (SENATOR HENDON) 193 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 There any discussion? Senator Syverson.
Thank you, Mr. -- thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Syverson.
Senator, I support this, but I have one concern and maybe it can be clarified when it goes over to the House. The -- the terminology, when it says a “health department may not discourage the purchase or consumption”, there may be a reason the health department wants to discourage it, if there’s a salmonella case that breaks out or if a certain individual starts using a certain pesticide that’s a problem. So I -- I guess I would -- if we could reword it in a way over there that if there is a health risk or a health concern, that they have the ability to at that point discourage it. I don’t know if you understand what I’m trying to say, but I’ll -- I’ll sit down -- I’ll support it, but if we could just look at that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, thank you, Senator. And I think what we could do is say “unless there is cause”. And I’ll be happy to work with you on that, so I agree with that. Appreciate your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Senator Althoff, you change your mind? Seeing nothing further, the question is, shall Senate Bill 574 pass. All those in favor, vote Aye. Opposed, 194 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 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 57 voting Aye, none voting Nay, none voting Present. Senate Bill 574, having received the required constitutional majority, is declared passed. Senate Bill 577. Senator Bond. Senator Bond seeks leave of the Body to return Senate Bill 577 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 577. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
The amendment becomes the bill.
PRESIDING OFFICER: (SENATOR HENDON) The amendment becomes the bill. Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
…further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 577. Madam Secretary, read the bill.
Senate Bill 577. (Secretary reads title of bill) 195 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
This is the bill that requires Metra to take credit cards and online electronic payment.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 577 pass. All those in favor, vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 577, having received the required constitutional majority, is declared passed. The Chair recommends that you be ready to vote, Ladies and Gentlemen. Senate Bill 587. Senator Koehler. Senator Koehler seeks leave of the Body to return Senate Bill 587 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 Senate Bill 587. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, the amendment becomes the bill. I’ll talk about it on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) 196 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 587. Madam Secretary, read the bill.
Senate Bill 587. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. This is really a trailer bill to one we passed last year which allowed counties to go to referendum for sales tax increases. This would allow the wording on the ballot to be clear. Because we have a situation right now in Peoria where there’s a -- a referendum on the ballot, it just says for public facility purposes. This would also allow, then, the county to say, “for a museum” or “for a nursing home”. This was to just clarify some confusion in our community. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Thank you, Mr. President. Will the sponsor yield to a 197 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 couple questions?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Dahl.
Thank you, Mr. President. Senator, with -- with the -- with the amendment, I appreciate that. We discussed that in -- in committee. But, also, will this tax -- sunset once the facility is built?
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, thank you for your question. That has nothing to do with this bill here. That was part of the original legislation. And, no, that does not necessarily sunset unless the county board puts that in the referendum. But this is about the language of how this is worded on the referendum only. That -- that bill that you’re talking about is a bill that was already passed and made into law last year.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Thank you, Mr. President. Okay, so -- so in other words, the county could put a named purpose in the referendum and then continue to collect taxes long after the proposed project is completed, and -- and just keep this tax going on and on and on and use it for some other purpose.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
198 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Well, the -- the purpose of this is to be clear. You know, the county makes that decision. The county board makes that decision when they put this on the referendum. This is to make sure that when that wording is put on the ballot, that it states very clearly what the purpose is for and then they could put as to whether it sunsets or whether it continues for another purpose. But the intent of my legislation is to let voters know clearly what they’re voting on rather than have something that’s kind of vague, like public -- public facilities.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Thank you, Mr. President. And thank you, Senator. To the bill: And I would -- I would suggest when this bill gets over to the House that we look at putting wording in there that would sunset this when the project is completed.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl, to close -- I mean, Senator Koehler, to close. Thank you, Senator Dahl. Senator Koehler, to close.
Well, that would have to be another bill, Senator, because that, again, is the decision that a county board makes based on last year’s legislation. I mean, I’m -- I’m happy to look at introducing another -- another bill, but this -- this only addresses the issue of how something is worded on the ballot. It doesn’t really address the -- the issue that was contained in the law before. So, I mean, I’m happy to work with you, but this bill doesn’t quite do that. So I’ll -- I’ll take a look at it and if there’s -- if there’s a possibility, but I just -- I 199 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 don’t want to mislead you on this.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 587 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 587, having received the required constitutional majority, is declared passed. Senator Collins, for what purpose do you seek recognition, ma’am?
Thank you, Mr. President. For -- I would like the record to show that if I had been paying attention, I would have voted Yes on Senate Bill 577.
PRESIDING OFFICER: (SENATOR HENDON) We will most certainly make sure the record reflects your intention and your honesty is certainly appreciated. Senate Bill 590. Senator Koehler. Senator Koehler seeks leave of the Body to return Senate Bill 590 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 590. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, this amendment becomes the bill and I’ll talk about it 200 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, all those in favor, vote Aye. Opposed, vote Nay. The Ayes have it, and -- all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 590. Madam Secretary, read the bill.
Senate Bill 590. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, thank you, Mr. President, Members of the Senate. This is a TIF extension for East Peoria and we did get all of our letters from other taxing bodies in as support. I’d appreciate your support on this.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) 201 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 He indicates he will. Senator Burzynski.
Thank you, Mr. President. Senator, as you know, I don’t necessarily like the extension of TIF districts for a lot of different reasons, but I do just want to point out, right now these don’t expire until 2025, do they? And, yet, we’re already extending them. Is there a reason for that extension?
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
I think it has to do with some of the development that they’re doing in this area. I’m not totally familiar. This is a request from the City of East Peoria and they did get support from all the taxing bodies on it.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall Senate Bill 590 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 52 voting Aye, 4 voting Nay, none voting Present. Senate Bill 590, having received the required constitutional majority, is declared passed. Senate Bill 591. Senator Kotowski. 591. Out of the record. Senate Bill 600. Senator Lauzen. Madam Secretary, read the bill.
Senate Bill 600. (Secretary reads title of bill) 3rd Reading of the bill. 202 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you very much, Mr. President. With Senate Bill 600 today, I would like to make a bipartisan request. For my Republican colleagues, I ask that we merely restore what was taken away from us as individual Republicans just twenty years ago that we had seventy years before that time. I ask you to restore one person/one vote for our party leadership. I ask you to restore the balance of a strong two-party system that we have lost in Illinois. And I merely ask that Republican State central authority once again align itself with rank-and-file accountability to the people in direct elections, which represents the sacred tradition of democracy in our country. I mean, we either believe in our traditions or we don’t. Our Declaration of Independence affirms that the just powers of government are derived from the consent of the people. Our United States Constitution begins, “We the People”, not we the powerful few. The founder of our glorious party, Abraham Lincoln, in his Gettysburg Address concluded, “of the people, by the people, and {sic} for the people”. Ronald Reagan, who appealed to both Republicans and Democrats alike because he appealed to what’s best in Americans and each of us, instructed “Concentrated power has always been the enemy of liberty.” And even our current Illinois Republican Chairman, Andy McKenna, cries - special election, special election when it comes to U.S. Senator Roland Burris. But when it comes to our own leadership, there is no direct election. For my Democrat friends, I ask that you merely allow Republicans the same rules that led to 203 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 your electoral advantage. Please help rank-and-file Republicans participate more fully in Illinois by just leveling the playing field. I know that I’ve been told with distain, “We shouldn’t copy Democrats, Chris, we beat ‘em.” Well, I’m sorry, but looking around this Senate Chamber, it distresses me, and looking around the House Chamber and looking at every constitutional office, it sure doesn’t look like what we’re doing now is beating Democrats. We all find our greater strength, our skill and innovation in fair competition. We will all do a better job serving the people when two-party balance is restored through rank-and-file grass roots, one person/one vote for State central committeemen and women in the Republican Party, just like Democrats do. After all, the expression is true that imitation is the sincerest form of flattery. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator. The Chair would appreciate succinct descriptions of your legislation, questions and answers. Senator Meeks.
That’s okay, Mr. Chairman.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Murphy.
Senator, what is the problem that this legislation is 204 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 aiming to solve?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Basically, two problems. One is that we’re losing way too many elections. Number two, what we need to do is reconnect our leadership in the Republican Party to the traditional rank-and- file grass roots.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
What is the State’s interest in managing the internal leadership organization of a private organization, such as the Illinois Republican Party.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
I do under -- I do under -- I do understand, Senator Murphy, that you’re asking me the question around the lawsuit that the Illinois Republican Party leadership has said that they -- that they will sue the people of Illinois if we are successful in passing direct elections -- restoring direct elections in the Senate, out of the House and get signed by the Governor, that they’ll sue to make sure that we never have a chance to vote. And so, if you’re establishing the record, let me just say that I’m not an attorney, but I -- I do believe that the measures -- the constitutionality, the basis is that -- is that when the State is asked to run elections for any political party, that then basically they have the right to establish what 205 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 the correct rules would be for that group.
PRESIDING OFFICER: (SENATOR HENDON) As -- I know this is an important matter and as much fun as it might be to some on my side of the aisle, it is the intention of the Chair to move this along expediently, just like everything else. Senator Murphy.
To -- to the bill, Mr. President. I -- I rise in opposition of the bill. The system in place right now constitutes the same representative democracy that elected President Cullerton and Leader Radogno, where elected people, elected precinct committeemen, vote for State central committeemen. That’s kind of a core concept in our -- in our democracy, both from the -- from the days of the founding fathers. Also, over seven hundred people, delegates to the State convention in the past year, came and voted at a convention, came from all over the State, grass roots involved Republicans from all over the State, and by three to one rejected this idea. There has been an opportunity to have it considered and it was rejected. And finally, the comparison of this situation to the Senator Burris one doesn’t hold up. Senator Burris was appointed by a Governor, who, as we speak, is probably being indicted. And the circumstances are dramatically different and, frankly, don’t warrant being brought into this discussion. While I have the utmost respect for the sponsor, and I have the utmost respect for people who disagree with me on this issue, this is an internal party matter that should stay within the party. We’ve had that discussion a number of times here this week. And I would respectfully request for those on 206 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 the other side of the aisle that you allow us to resolve this matter internally as we did at the State convention.
PRESIDING OFFICER: (SENATOR HENDON) There are three other speakers. Senator Martinez.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Martinez.
Senator Lauzen, is this going to also bring more women to the State party? As far as -- I know the Democrats, we have a man and a woman elected in every congressional district. So, would that -- that would -- that also happen to the Republicans?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Yes, it does, in that, right now, typically, the State central committeeman is elected by a smaller group of people and then selects a deputy committeeman or committeewoman and -- but what this does is it brings equal representation between men and women on -- on an equal basis, where people have equal authority because they’ve been placed there by the people who have voted them -- voted them in.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- are you done? Senate -- Senator Martinez.
So -- let me ask you, so are they going to be electing -- the people are going to be electing a man and a woman, just like we do in the… 207 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Yes. Yes, ma’am. Yes, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard. I’m sorry. Senator Martinez, if you could. Senator Martinez.
I’m -- I’m going -- I’m going to close.
PRESIDING OFFICER: (SENATOR HENDON) Of course. Senator Martinez.
Thank you. Thank you. I want -- I want to commend Senator Lauzen on this wonderful piece of legislation. I think it’s important that we see more women in elected offices, like we have in the Democratic Party, and I’m going to be voting Yes. I think it’s a great idea, because I think you need to have more women on that side of the aisle. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard. Senator Dillard.
Thank you, Mr. President. I apologize that the Democrats have to allow us to -- to make this important change. I consider myself a regular Republican member of what I would consider the regular Republican Party of this State. I’m not on either fringe. And I’ve thought this issue through very -- very clearly for a long time. And I rise in support of this bill. You know, I’ve got some principles here and one of my principles is to always err on the side of bigger democracy. This bill 208 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 will allow for big democracy with a capital “D”, rather than the smaller democracy of having the system like it is today. I also look at the sincerity of a sponsor on any particular piece of legislation. And Senator Lauzen has worked this issue and has been sincere on this issue for a long time. And that weighs heavily in my decision as well. I look at this legislation, too, like a hologram. I’ve seen it from a lot of different sides, as a precinct committeeman, as a township chairman, as a Republican County Chairman of DuPage County, before Senator Cronin gracefully took over that duty, and as a former member of the Republican State Central Committee. And I have viewed this from all different angles and think it’s the right thing to do at this particular point in time for my political party. My family’s great-great-grandfather nominated the founder of our party, Abraham Lincoln, for the Presidency. We’ve been around for a long time, since the beginning of my political party. And it’s NCAA basketball time, Mr. President, as you know and as the President of the United States knows with his bracket picks, and sometimes you need change and the Republican Party has been on tough times in the State of Illinois and sometimes you just got to mix it up. And as much as I have great respect for a lot of people on the Republican State Central Committee and personal respect for Mr. McKenna, our Chairman, it’s time for a change. We need to mix it up and this will help us mix it up. So, you know, without further ado, and with all due respect to Senator Lauzen, this is not that big a deal. If a member is on our State central committee today, they can run when Senator Lauzen’s bill hopefully becomes law. All they got to do is go out and campaign like we all do here in this Chamber. And I 209 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 think there will be a lot of members of our State central committee that will be retained. So while this is an important change, it’s not the end of the world, “Mr. Republican Partys” out there, who get worried about this. And I commend Senator Lauzen for his work on this. It’s the right thing to do. And if you’re one of my fellow Republicans, you know, sometimes it’s painful to have to fix your family. This will help fix the Republican family and I urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady, the final speaker.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Brady.
Senator Lauzen, are you aware that there is an opinion requested of the Attorney General on this issue?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
…am.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
Why not wait until we get the opinion answer?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Because we have -- we have a deadline of today or tomorrow 210 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 to advance forward this legislation. I think that we are coequal branches of government. I think that we should advance forward our work. And if the Attorney General decides to come forward and give an opinion on this matter, let her do what she perceives her responsibility, if she’s going to do it or not. And it’s possible that it might not take place and so I think that it’s important that we advance forward - one person/one vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
Senator Lauzen, are you aware of any other states that do it this way? And if so, how many?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
I am concentrated on what our experience is in the State of Illinois and that’s where my focus is. And when we talk about what the -- the constitutionality of this bill, I just wonder how it can possibly be unconstitutional to merely restore what was in place for seventy years. And this legislation is empowered by our Constitution to protect people in the rank and file from overreaching authority.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
Senator Lauzen, there are only other -- four other states that do what you’re asking this General Assembly to do. Do you know of any Republican organizations within the party that 211 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 support this?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen, before you answer that. Suddenly there are a bunch of other people who want to speak. The Chair already announced the final speakers and the Chair’s going to stick to that, so I’d appreciate if you would turn your lights off. This is not a side show. We’re going to get this done. I announced Senator Brady as the last speaker other than Senator Lauzen to close and that’s the way it’s going to be. Senator Brady. I’m sorry. Senator Brady, restate your question, please.
Senator Lauzen, there are only four states that do this within the Republican organization. Are there any organized groups within the Republican Party that you’re aware of that support this?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Yes, there are. There are many. Two in my own area is -- are the Kendall County Republican organization that is leading the reform movement in Illinois within the Republican Party. The Western Township Republican Party voted, I believe it was, unanimously, to support Senate Bill 600. But most importantly, when we come from a party that values the empowerment of the individual, it’s the individuals who insist that if we’re going to make the sacrifices and participate in our democracy, they insist that they have a vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady, to the bill, sir, if you would, sir. 212 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Brady.
Mr. President, I’ve got three more questions I’d like to ask.
PRESIDING OFFICER: (SENATOR HENDON) Go right ahead, Senator Brady. Since you’re the last speaker, ask your three questions, sir.
Senator Lauzen, are you aware that this issue came up at the Republican Convention, where delegates were elected to represent the party? - hardworking, grassroots delegates, who paid their own money, who took their own time to represent their county at our convention, and they turned this down overwhelming, three or four to one. Why do you stand in opposition to the delegates of your own party at their own convention?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
First of all, Senator, number one, the -- the -- so -- the vote that took place was on a different proposal than what this proposal is. It did not include the empowerment, the equal empowerment of both men and women within our party. And I have the deepest respect for the precinct committeemen. I believe that Senate Bill 600 empowers the precinct committeemen. When that person asks a neighbor or friend to help rebuild the Republican Party, how can they ask for that help if they don’t demonstrate the respect of giving an equal voice or vote for leadership? But I -- I consider and many people consider what 213 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 occurred at that convention to be like the -- Shamawow {sic} convention in three -- three different ways. First of all, they restricted access - and I understand that we’re strapped for time - they restricted assess, trying to run out the clock on us. They did not let the opposition speak. In front of Dave Syverson, I asked the chairman if I would be allowed to speak the next day when this idea was presented and he -- he refused to give me that commitment to even speak and present this idea. So how could that have been a fair vote? And then finally, the third area, where it was just a sham, to provide the wording, confusing and obfuscated, where it was stated in a double negative.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
Senator, there are some that have questioned your -- your motives, particularly your motives as they reflect on the fact that you may not have a Republican sponsor in the House. You’ve said you have a Republican sponsor in the House. To date, we only know of a Democrat sponsor. Could you clear that up? ‘Cause those of us in the party are very concerned that a Democrat sponsor will control this bill. Do you have a Republican sponsor? If so, who is it?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
First of all, I don’t think that anyone needs to question my motives. You, sir, stood with me at a press conference and took the accolations {sic} just four years ago as a cosponsor of 214 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 this legislation, stood next to me when we went through and passed this unanimously out of the Senate four years ago and it was killed over in the House. I do have a -- actually I have a couple of Republican Representatives -- Republican Representatives over in the House who have told me that they would be happy to sponsor one person/one vote. And do you know, because of the amazing pressure that has been put onto people -- I know that it’s not going to change your vote, Senator Brady, and so I -- I’ve already learned the hard way what it’s like dealing with my own party over in the House, and so, if you’ll forgive me, at the appropriate time, if it passes this Chamber, I will ask the current pre-signed-up sponsor to step aside so that a Republican Representative can take this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady, for your final question, because we have to bring this to an end. Senator Brady.
Thank you, Mr. President. To the piece of legislation: Ladies and Gentlemen, we ask for your help. This is an internal Republican matter. We would no more want to interfere in the way you elect your party’s leaders than we wish for you to interfere in ours. Unfortunately, this has become public. But let me tell you. I was at the State party convention. People in our party at the grass roots just like people in your party at the grass roots took their own time and money, took their effort to attend our convention as delegates. The vote wasn’t a sham. It was overwhelmingly three to four to one in favor of continuing as we are. Senator Lauzen, those people came in a deliberate way to make deliberate decisions for our party. This 215 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 issue shouldn’t be brought to this Chamber. Let me also, on the issue of gender, remind you that we have had a female chair our party. I’m not sure you have. So, if you want to look at the party that offers gender opportunities, not only in this Chamber in leadership, but in the State party in leadership, our system is proven that we are equal in terms of gender. This is not an issue that should be decided here. It has been decided within our party’s organization and should be left to that. And I ask you to join me in turning this initiative down with due respect for the people who work hard for our party, as we would for the people who work hard for yours.
PRESIDING OFFICER: (SENATOR HENDON) Even though I announced the final three speakers, Senator Syverson’s name was used in debate, so I will allow Senator Syverson, my good friend, to speak to the bill. No questions, but to the bill, sir.
Yes, sir. Thank you, Mr. President. And I will be brief. I plan on supporting this legislation in deference to my friend. I really, in the end, don’t know if this is going change much, but I do have a -- one concern that all of us should have, that government should not be involving themselves in the formation of a political party. And I’m not sure if this is necessarily the -- the right direction for us to go, where we allow government to decide how a political party is going to organize. And so I -- I do have that concern with this legislation. Thank you, Mr. President, for allowing me to mention that.
PRESIDING OFFICER: (SENATOR HENDON) Certainly, sir. Your name was used. Senator Lauzen, to 216 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 close, sir, if you can briefly.
Thank you very much, Mr. President. And, again, I appreciate Senator Syverson’s support on this bill. As Senator Dillard said, this is not a radical idea. We passed this out of the State Senate by unanimous verdict four years ago. Unfortunately, it was killed, without a hearing, over in the House. I would just like to close by saying that I appreciate Minority -- Minority Leader Christine Radogno’s and Senate President John Cullerton’s cosponsorship of Senate Bill 600. And I thank the Republican proponents who have stood so strongly in favor of the people’s right to vote and all of our Democrat colleagues’ indulgence and support. Finally, I thank all of the citizen activists who have taken their valuable time to encourage their Senators to merely restore our right to vote. I ask you for a Yes vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 600 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 -- vote the President. Take the record. On that question, there are 44 voting Aye, 13 voting Nay, 1 voting Present. Senate Bill 600, having received the required constitutional majority, is declared passed. Senate Bill 610. Senator Demuzio. Out of the record. Senate Bill 611. Senator Harmon. Senator Harmon. Out of the record. Senate Bill 612. Senator Lightford. Senator Lightford. Out of the record. Senate Bill 613. Senator Bond. Senator Bond seeks leave of the Body to return Senate Bill 613 to the Order of 2nd 217 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Reading for the purpose of amendment. Is leave granted? Leave is granted. Now on the Order of 2nd Reading is Senate Bill 613. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Are we doing the amendment right now?
PRESIDING OFFICER: (SENATOR HENDON) …do -- you have two amendments. Amendment No. 1 and then Amendment No. 2. On Amendment No. 1 now, sir.
It becomes the bill.
PRESIDING OFFICER: (SENATOR HENDON) Amendment No. 1 becomes the bill. Is there any discussion? Seeing none, 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?
Floor Amendment 2, offered by Senator Bond.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond, on Amendment 2.
I’ll speak to it on the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment 218 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 613. Madam Secretary, read the bill.
Senate Bill 613. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Thank you, Mr. President. This sets up the low-cost laptop bill. ISBE, we’re going to empower them to set up a special purpose trust to accept donations from corporations that would be willing to donate cash or laptops. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you. Will the sponsor yield for a question, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Burzynski.
Thank you. Senator, you indicated that the State would set up a special -- the Board of Education will set up a special trust to accept donations. Could public funds also be required 219 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 to be placed into this?
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Yes. The mechanism could be used if we, at a later point, made a decision to appropriate funds.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. To the bill then. I -- I would just rise to caution my colleagues. Potentially, at some point in time, this could cost up to two hundred million dollars. It’s a -- it’s a two-year pilot project. A hundred million dollars a year, I think, is -- is what’s in the budget, subject to -- or what’s in the bill, subject to appropriation. I’m sure you’ll correct me if I’m wrong. And I just think that we need to be very careful about this. In addition to that, this would also allow for the leasing of computers, laptops, for those children as well, rather than just the purchase. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, Senator Bond, to close.
I’d be happy to answer more questions. We did work with Apple on the leasing option. Four hundred -- a laptop is defined as four hundred dollars or less. There are many on the market. Working with Apple, they agreed to support the bill. And it’s two hundred and fifty dollars a year to lease an Apple. That would be an extraordinary value to deliver to the children of Illinois. That’s -- that’s a good part of this bill and 220 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 we’re not spending taxpayer dollars in this particular bill. That would have to be a separate appropriation. This is a mechanism to take philanthropic dollars and use them to help our at-risk youth.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 613 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 56 voting Aye, 1 voting Nay, none voting Present. Senate Bill 613, having received the required constitutional majority, is declared passed. Senate Bill 633. Senator Koehler. Out of the record. Senate Bill 651. President Cullerton. 651. President Cullerton. Out of the record. Senate Bill 655. President Cullerton. Out of the record. Senate Bill 658. Senator Haine. Senator Haine, 658? Senator Haine seeks leave of the Body to return Senate Bill 658 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 658. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a bill that’s an initiative of the Alzheimer’s Association. It adds a requirement to the Special Care 221 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Disclosure Act that client representatives and the licensing agency must -- they must be told as to what services and other amenities are provided to Alzheimer’s patients on a specialized…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 658. Madam Secretary, read the bill.
Senate Bill 658. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
That is -- that is the bill, what I just explained.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 658 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 658, having received the required constitutional majority, is declared 222 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 passed. Senate Bill 667. Senator Frerichs. 667. Senator Frerichs. Out of the record. Sir, out of the record? Out of the record. Senate Bill 738. Senator Frerichs. Senator Frerichs seeks leave of the Body to return Senate Bill 738 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 738. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Frerichs.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Floor Amendment No. 1 deletes all and becomes the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 738. Madam Secretary, read the bill.
Senate Bill 738. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 223 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Frerichs.
Mr. President, this bill amends the Bingo License and Tax Act to allow senior citizens organizations that conduct bingo games to charge up to fifty cents for a single bingo card, currently five cents, and offer prizes with an aggregate retail value up to five dollars, currently up to one dollar. This is the bill that passed this Chamber last year. It got held up in rulemaking…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Okay, bingo. All those in favor will vote Aye. Opposed, vote -- and the question is, shall Senate Bill 738 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 voting Aye, 5 voting Nay, none voting Present. Senate Bill 738, having received the required constitutional majority, is declared passed. Senate Bill 933. Senator Meeks. Senator Meeks, 933? Senator Meeks seeks leave of the Body to return Senate Bill 933 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 933. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 2, offered by Senator Meeks.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
224 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 The -- the amendment becomes the bill and I’ll discuss it on…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 933. Madam Secretary, read the bill.
Senate Bill 933. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
Yes, Mr. Chairman {sic} and Ladies and Gentlemen of the -- of the Senate, this bill is a very simple bill and what it does is that -- we have a -- a traffic study and -- and a committee is supposed to meet to discuss the data, but the committee has not met since 2006. So what -- what this bill simply does is that it changes the appropriate persons to be appointed to the oversight committee, so that the committee can meet and give the General Assembly a recommendation. And then it changes the date until September.
PRESIDING OFFICER: (SENATOR HENDON) 225 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Is there any discussion? Seeing none, the question is, shall Senate Bill 933 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? Something’s wrong with my board. I’m watching it, Ladies and Gentlemen of the Senate. Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 933, having received the required constitutional majority, is declared passed. Senate Bill 1021. Senator Noland. Senator Noland seeks leave of the Body to return Senate Bill 1021 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1021. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Noland.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President. The -- the amendment becomes the bill and glad to speak to it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor - - on the amendment. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 226 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1021. Madam Secretary, read the bill.
Senate Bill 1021. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President. Senate Bill 1021, as amended, authorizes the use of reasonable force in the execution of a search warrant for the taking of -- of a sample of blood, hair, or other materials from a person’s body. This simply tries to - - attempts to codify -- actually, it does codify some case law that is based on federal and Arizona search -- warrant statutes. We’ve had a misapprehension of liability here in the State of Illinois for medical and law enforcement professionals. We want to remove that misapprehension so that they can do their job more thoroughly. I ask for…
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Millner.
Thank -- thank you, Mr. President. And just for the -- for the Body here, just -- just food for thought. If you get stopped for DUI and you’re not drinking and you feel you’re not drinking and the police officer does a field sobriety test or doesn’t and then you don’t want to give -- you don’t want to do anything. This bill says now they can draw blood. I mean, do you think -- is that okay? I mean, we talk about cameras and 227 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 stuff for being Big Brother, but this is drawing blood. And I - - I just want you to look at the legislation very carefully and see if this is what you and your constituents want. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Senator, for those comments. This is an initiative by the Kane County State’s Attorney’s Office. I served as public defender in Kane County. This seems to be a reasonable request, given the balance between public safety and personal privacy. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Raoul.
Other than Kane County State’s Attorney’s Office, has any other -- has the Cook County, DuPage County or any other State’s Attorney’s office slipped in support of this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
In fact, I believe that they have. The Illinois State’s Attorneys’ Association, by way of Matt Jones, had supported this in committee.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul. 228 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Has -- has any other county State’s Attorney’s office slipped in support of this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
I’m sorry. I’m hearing two conversations at the same time. Not -- aside from the ones that I had just previously stated, no, not that I’m aware of.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
To -- to -- to the bill. I spoke on -- on this bill in committee and I caution that it -- we don’t need to put this into law. By putting this language into law, you invite the use of force. And I sponsored another bill here that we passed out unanimously that talked about how the use of force has been abused. I -- I imagine, I can’t speak for the Cook County State’s Attorney’s Office, but I imagine why they didn’t slip in support of this bill is ‘cause they’ve been -- they have recognized the abuse of force that has been used. So, while I understand the desire to make sure in DUI cases you get samples and so forth, I caution that codifying this invites an excessive use of force.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, we’re having trouble getting up the analysis and you -- your bill’s got -- maybe you want to take this out of the record right now. We have -- because of the analysis, not because my position on your bill. But we don’t -- 229 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 we can’t bring up the analysis. Can -- will you take it out of the record till we work out the technical difficulty? If you don’t want to, you can just move forward.
Quite all right. I see…
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
I see the technical problem here -- or at least I understand that there’s a problem bringing this up on everybody’s screen. I want everybody to have full awareness of what this bill -- what the implication of this bill is. I’m happy to do that and I’m asking -- I’m also putting my name into consideration for the most accommodating legislator here today. So, thank you very much. I’ll pull it out of the record.
PRESIDING OFFICER: (SENATOR HENDON) You most certainly are that, my friend. …move on and hopefully we won’t have technical difficulties on the next one. Senate Bill 1050. Senator Raoul. Out of the record. Senate Bill 1089. Senator Link. Madam Secretary, read the bill.
Senate Bill 1089. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. This specifies that title companies much -- must attach either a certificate of compliance 230 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 or exemption to a mortgage -- or, mortgage to be recordable. Currently, only a certificate of compliance must be attached. I don’t know of -- know of any opposition to the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1089 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none -- 2 voting Present. Senate Bill 1089, having received the required constitutional majority, is declared passed. Senate Bill 1095. Senator Frerichs. Out of the record. Senate Bill 1133. Senator Martinez. Senator Martinez seeks leave of the Body to return Senate Bill 1133 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1133. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
The -- the amendment becomes the bill and I’ll be happy to discuss it on 3rd Reading, please.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, 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 231 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1133. Madam Secretary, read the bill.
Senate Bill 1133. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President and Members of the Senate. Senate Bill -- Floor Amendment No. 1 to Senate bill becomes the bill. It provides that prior to voluntary using of any Electronic Employment Verification System, including the E-Verify program, employers are urged to consider that the system database inaccurately blocks eligible workers, that employers are legally required to resolve situations caused by error during one {sic} (use) of the systems and have other legal responsibilities related to the use of the system and the treatment of employees. It also requires the Department of Labor to post on its website information regarding E-Verify accuracy, time required for use and employers’ responsibility. And it also outlines the systems regarding use, safety, violation and penalties. Provides that employees and applicants may seek direct action in the circuit courts to enforce proper use and provides that -- neither the State nor any of its political subdivisions nor any unit of 232 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 local government may require an employer to use an E-Verify System. And I’ll be happy to discuss -- I’ll be happy to take any questions.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Are we just on the amendment?
PRESIDING OFFICER: (SENATOR HENDON) No. This is on the bill. We adopted the amendment.
Okay.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
I think the -- those of us that have problems with it when you presented it in committee, the two general problems were the -- the suing, being able to go directly to circuit court, and then the amount of the fine, which I think was like five thousand dollars or something like that. Oh, five hundred. Okay. Can -- have -- have you been able to work on those at all? You -- you said you were going to.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Yes, Senator Pankau, and I did follow through on my word. I did have a good conversation with the -- with the Chamber of Commerce. We have worked out all the -- the issues. One of the things is that we wanted to remove the private right of action and we also have inserted the willful and knowing violation in 233 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 there. We do have the amendment. We just didn’t have time to file it. But it is -- this amendment is what -- this is working with all the opponents. It is going over to the House. They will file the amendment. It will come back to -- back to us here. But I have -- I have addressed every issue that you did - - that you did ask me of.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Thank you. And with those assurances and the fact that you worked on this very, very hard, I, for one, will be voting for this bill instead of voting against it. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. A question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Maloney.
Senator Martinez, in committee as well, we brought up the idea that if -- if this system is inaccurate and the concern is it was blocking eligible workers from participating, if it was so inaccurate, was there a possibility that it allowed ineligible workers to participate? Is that going to be addressed in your amendment as well. Because, then, what -- what would be the employer’s responsibility if it did allow ineligible workers to participate?
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez. 234 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Senator Maloney, in the -- in the -- in the actual amendment, we did put -- one of the -- the lines would read for a willful and knowing violation of Section; that is in case any -- the -- the employer did know that he had an illegal person working there, that it would cover him, and of course, it goes after the -- after those employers that knowingly know that they are actually, you know, have people there, then this -- this will actually go ahead and fine them. But more…
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Just a point of clarification. So if -- if -- only if the employer -- if the employer did not know and this list came back that the person was ineligible, he would not have any -- he would not be liable for that then.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
First off, Senator, this is a voluntary program. And the - - if they -- they submit the names through the system and it was to come back, that’s why a lot of the protection is in there. Because there have been people who are actually eligible to work and have been thrown out because the system came back either because maybe they got married, the last name wasn’t keyed in right. Just a lot of errors in the system. So they will not be responsible as long as they -- you know, they submit -- they -- they voluntary {sic} did submit that name, but somehow the system came back and gave them the wrong information. So they 235 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 will not be held liable for that.
PRESIDING OFFICER: (SENATOR HENDON) Seeing nothing further, the question is, shall Senate Bill 1133 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, 9 voting Nay, 1 voting Present. Senate Bill 1133, having received the required constitutional majority, is declared passed. Senate Bill - we have six more pages to go, gang - 1140. Senator Clayborne. 1140. Madam Secretary, read the gentleman’s bill.
Senate Bill 1140. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. Chairman {sic}. This -- this bill involves making sure that the credits that were issued with the utility - - utility rate relief followed the customer if they decide to go with -- leave the host company and decide to go with a ARES.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1140 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Picking up the pace here, you all. Take the record. On that question, there’s 58 voting Aye, none voting Nay, none voting 236 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Present. Senate Bill 1140, having received the required constitutional majority, is declared passed. Senate Bill 1153. Senator Martinez. Out of the record. Senate Bill 1255. Senator Althoff. Madam Secretary, read the bill.
Senate Bill 1255. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you very much. Senate Bill 1255 is the reintroduction of a bill I passed out of this Chamber last Session. It was gutted in the House and replaced with other language. We’ve brought the bill back again. What it does is it creates -- it amends the Tax Increment Allocation Redevelopment Act in Illinois and it creates a formula for fire protection districts to access TIF funds based on the level of increased demand attributable to the TIF development. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1255 pass. All those in favor, vote Aye. Opposed, vote Nay. Voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 1 voting Nay, none voting Present. Senate Bill 1255, having received the required constitutional majority, is declared passed. Senate Bill 1264. Senator Harmon. 1264. Out of the record. Senate 237 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Bill 1265. Senator Harmon. Madam -- Senator Harmon seeks leave of the Body to return Senate Bill 1265 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1265. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. The amendment becomes the bill. I move for its adoption.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1265. Madam Secretary, read the bill.
Senate Bill 1265. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon. 238 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1265, as amended, amends the Freedom of Information Act to clarify that a settlement agreement is a public record subject to disclosure and may be redacted to prevent other information that is protected from being disclosed. It’s intended to deal with situations where a government shields a settlement agreement behind the exemption for insurance-related matters. I’m calling the bill because we had it in the Senate last year and couldn’t get it put together and because Senator Crotty is such a tenacious and devoted cosponsor. It may get wrapped up into the overall rewrite of FOIA over in the House, but I’d ask to send it over there from the Senate with a unanimous roll call.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1265 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 1265, having received the required constitutional majority, is declared passed. Senate Bill 1273. Senator Dillard. Out of the record. Senate Bill 1282. Senator Link. Madam Secretary, read the bill. Oh! Senator Link seeks leave of the Body to return Senate Bill 1282 to the Order of 2nd Reading for the purpose of -- of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1282. Madam Secretary, read the bill. Madam Secretary, are there any Floor 239 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 amendments approved for consideration?
Floor Amendment 2, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. The amendment provides that a distributor is to -- entitled to certain remedies -- injunctive relief. Be more than happy to discuss it on the final reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1282. Madam Secretary, read the bill.
Senate Bill 1282. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. This is an initiative of the Associated Beer Distributors of Illinois. This bill amends the 240 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Beer Industry Fair Dealing Act that governs the -- contractual relationship between the Illinois beer distributors and brewers. Be more than happy to answer any questions on the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- is there any discussion? Seeing none, the question is, shall Senate Bill 1282 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 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1282, having received the required constitutional majority, is declared passed. The President would like to announce that Senator Schoenberg -- Leader Schoenberg is going to relieve me for a minute. He has been a great student and he goes quite fast. So, Senator Schoenberg while Senator Hendon takes a quick break. Senator Schoenberg in the Chair.
PRESIDING OFFICER: (SENATOR SCHOENBERG) You got a problem with me being in the Chair, Palatine? We’re on the Order of 3rd -- Senate Bills 3rd Reading, top of page 48. Senate Bill 1298. Senator Link. Madam Secretary, please read the bill.
Senate Bill 1298. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
Thank you, Mr. President. This is the advance deposit 241 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 wagering bill for the State of Illinois. It allows organization licensees to maintain advance deposit wagering systems or a contract with another person to carry out the advance deposit wagering system. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Seeing none, Senator Link, to close.
I -- I would like to read something in for legislative intent on this. This bill is to clarify a law - advance deposit pari-mutuel wagering on horseracing. The legislation would clearly outline the terms under which an ADW can continue to operate and authorize only licensed racetrack and licensed contractual vendors of the track to conduct the activities of wagering and {sic} electronic communication. The proposal will prohibit any non-licensed vendors from conducting their activities in the State and all wagering placed outside of legal regulatory vendors are illegal. The Illinois Racing Board would regulate the activities of ADW and revenue distributions would be administered under the rules of IRB. The ADW licensing would ensure the integrity of race wagering and {sic} the Illinois racing fans. The Senate Bill 1298 also is identical to Senate Bill 2702, sponsored by President Cullerton last year, which passed the Senate. And the Senate Amendment 2 and 4 are results of meeting with the Illinois racetrack and horsemen’s groups and reflects their -- their recommendations. The language in this bill, as -- amendment -- drafted, give flexibility to the Illinois Racing Board to promulgate rulemaking to accommodation 242 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 {sic} necessary to change the implementation of this law. The Board shall be -- regulate ADW licensees and are -- set the limits of fees charged by out-of-state racing tracks whose wagering on their license {sic} are offered -- licensed ADW providers. The Racing Board is best positioned to address these issues and the -- need the flexibility of rulemaking to protect the consumer and to benefit of -- Illinois racetracks, horsemen and the State of Illinois. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Senator Pankau, that was Senator Link’s close. The -- there had been no one seeking recognition when I asked previously. The question is, shall Senate Bill 1298 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 43 Aye, 9 Nay, none voting Present. Senate Bill 1298, having received the -- the required constitutional majority, is hereby declared passed. Senator Koehler. Senate Bill 1331. Out of the record. Senate Bill 1339. Senator Demuzio seeks leave -- do you wish to proceed, Senator? The lady wishes to proceed. Senator Demuzio seeks leave of the Body to return Senate Bill 1339 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1339. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio, on Floor Amendment No. 2. 243 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Yes, it replaces the bill and I will discuss that on 3rd Reading.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. On the Order of 3rd Reading, Senate Bill 1339. Senator Demuzio, do you wish to proceed? The lady indicates that she does. Madam Secretary, please read the bill.
Senate Bill 1339. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Yes, thank you, Mr. President. Senate Bill 1339 amends the Illinois Roofing Industry (Licensing) Act to exempt a person applying to be a qualified party for an entity license under this Act from having to take the Department of Financial and Professional Regulation’s examination for licensure if the individual is not practicing roofing. This particular issue was brought to me by a gentleman who has a roofing business and has 244 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 numerous employees that work -- that works for him. He has wanted to have his license, continues to take the test, and at some point, he felt that he really shouldn’t have to be taking the test if, in fact, he’s not actually practicing. So we’re asking that the Department take a look at each of these particular situations and do it on an individual basis for licensure.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Any discussion? Senator -- seeing none, Senator Demuzio, to close.
…for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 1339 pass. All those in favor, say Aye. Opposed, Nay. The voting’s 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, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1339, having received the required constitutional majority, hereby declared passed. Senator Forby. 1350. Senator Forby wishes -- indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1350. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
245 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you. Senate Bill 1350 is unemployment benefits for locked-out workers. This bill extends the unemployment insurance for workers that’s forced out of work by a lockout of their employees. Currently the lockout -- the workers are eligible for twenty-six weeks of benefits. This will allow them to be eligible up to fifty-two weeks of benefits.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? The lady from McHenry, Senator Althoff, for what reason do you rise?
Thank you very much, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates that he will.
Senator Forby, might I ask, are you aware of the federal program that also provides unemployment coverage for regular State of Illinois employees?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
No, I’m not.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Althoff.
Well, let me tell the Body that this legislation, although it provides thirteen additional weeks that would be at the expense of the State of Illinois, currently regular unemployment is to twenty-six weeks and then there is now a new federal 246 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 program from last year that provides an additional thirty-three weeks. And as of yesterday, there’s now an extended benefit of an additional thirteen weeks, which means people who are on unemployment here in the State of Illinois are already entitled to seventy-two weeks of payment now. Is there -- is there a need for additional weeks already?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Forby.
I am not -- I’m not going against what you’re saying. All I’ve done is -- I’ve got -- they gave me this -- AFSCME gave me this bill, said they’ve got a lockout. It’s in -- they got one down in Effingham right now. Been in 208 {sic}, they’ve been locked out. So people are willing to go back to work. But they’re running out of -- out of insurance so they would like to have the insurance.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Althoff.
Again, I understand exactly how this legislation was introduced. It actually is only for -- I believe, there are only two cases. However, I’m going to, again, go back and say, unemployment - currently twenty-six weeks. The feds come in after that and provide an additional thirty-three weeks. After that, there’s a new program that provides thirteen weeks. And when unemployment hits eight percent here in the State of Illinois, which I think we’ve already done, we just haven’t officially recognized that, you get an additional seven weeks of unemployment. I think at this particular time, it’s time to 247 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 review this legislation and vote No until we have an opportunity to really see what the total expense is going to be now that we have all these federal programs that are available. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any further discussion? Any further discussion? The lady from DuPage, Senator Pankau.
Yes, thank you. To the bill. I also would urge a No vote on this. The lockout that was referred to in the Effingham area was actually a business that never did have a contract. They never did organize. They were having trouble getting a contract, so the workers struck and were out for a period of time. And then when they came back and said, okay, even without a contract, we want to go back to work, that’s when the company locked them out. So there is no precedent here that we’re helping people out who have had a contract and they’re being wronged and all that sort of stuff. This is one instance that this bill is being proposed for. It needs an awful lot of work. And with the federal stimulus money and the new federal rules coming down, I think it can be easily taken care of through this. We don’t need to set a precedent with this particular bill. I urge a No vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Seeing none, Senator Forby, to close.
Well, I -- I thank what everybody’s talking about and I appreciate that, and I would like to go ahead and run it through the Senate. If there are issues in the House, they can work on 248 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 it over there. I’ll ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 1350 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 37 voting Aye, 19 voting Nay, 1 voting Present. Senate Bill 1350, having received the required constitutional majority, is hereby declared passed. Senator Risinger. Senate Bill 1357. Do you wish to proceed? The gentleman wishes leave of the Body to return Senate Bill 1357 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1357. Madam Secretary, any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Risinger.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Risinger.
Yes, Mr. President, the amendment becomes the bill. Be glad to discuss it on 3rd.
PRESIDING OFFICER: (SENATOR SCHOENBERG) There any discussion? Any discussion? Seeing none, all those in favor, vote Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Is there -- are there any further Floor amendments approved for consideration?
No further amendments reported. 249 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, Senator Risinger, do you wish to proceed? The Senator indicates that he does. Madam Secretary, please read the bill.
Senate Bill 1357. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …Risinger.
Yes, this bill amends the Illinois Underground Utilities Facility {sic} (Utility Facilities) Damage Prevention Act, better known as JULIE. It makes some changes. It includes the wind farms at the request of the Illinois Brotherhood of Electrical Workers. It adds co-ops to the bill at -- at their suggestion. It adds cable TV. And be glad to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Seeing none, Senator Risinger, to close.
I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 1357 pass. All those in favor, vote Aye. Opposed, Nay. The -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 57 voting Aye, none voting Nay, none 250 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 voting Present. Senate Bill 1357, having received the required constitutional majority, is hereby declared passed. Senator Millner. Senate Bill 1375. Madam Secretary, the gentleman wishes to proceed. Please read the bill.
Senate Bill 1375. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Millner.
Thank you, Mr. Chairman -- Mr. President. This is a shell bill that will be worked on by the IBEW and the Operating Engineers 150. Moving to the House, they’ll work on it. And when it comes back here, we’ll see how -- what we get.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Seeing none, Senator Millner, to close. The question is, shall Senate Bill 1375 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s 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, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 1375, having received the required constitutional majority, is hereby declared passed. Senator Haine. 1391. 1381, pardon me. Out of the record. That could have been interesting. Senate Bill 1383. Senator Haine, do you wish to proceed? Gentleman indicates that he wishes to proceed. Seeks leave of the Body to return Senate Bill 1383 to the Order of 2nd Reading. Leave is 251 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 granted. On the Order of 2nd Reading is Senate Bill 1383. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.
Yes, Mr. President, Ladies and Gentlemen of the Senate, this -- this -- this amendment corrects oversights in the original Pharmacy Practice Act that was revised in 2007. It also adds a pharmacy student provision that they’re allowed to participate in -- as a pharmacist -- under pharmacists’ supervision. It’s at the request of the pharmacy schools, of which we have one now at SIUE - a very good one, I might add. So I -- that’s what it is. I ask for an Aye vote. No opposition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Any discussion? All those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration, Madam Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd… On the Order of 3rd Reading, Senator Haine, do you wish to proceed with Senate Bill 1383. The gentleman indicates that he does. Madam Secretary, please read the bill. 252 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Senate Bill 1383. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.
The bill does what I indicated as far as the amendment.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Seeing none, Senator Haine, do you wish to close?
Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall Senate Bill 1383 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. …that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 1383, having received the required constitutional majority, is hereby declared passed. Senator Haine, on 1384. The gentleman seeks leave of the Body to return Senate Bill -- my apologies. Senator Haine, do you wish to proceed with Senate Bill 1384 on 3rd Reading? The gentleman indicates that he does. Madam Secretary, please read the bill.
Senate Bill 1384. (Secretary reads title of bill) 3rd Reading of the bill. 253 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.
Yes, did we adopt the Floor amendment? Yes, we did. Okay, I’m sorry, Mr. President. This is the engineering -- the Professional Engineering Practice Act. It’s -- it -- they -- this Act sunsets this year and this updates and improves our Engineering Practice Act. It permits IDFPR to contract for investigative legal and prosecutorial services for enforcing the Act. It -- it upgrades some of the penalties for unlawful practice. It includes telecommunications, land developments, stormwater detention, and numerous other things that a modern engineering Act should include. It’s supported by the engineers of Illinois. And the amendment that we adopted in the prior day had to do with fire sprinkler systems. They are still -- some of them are still opposed to -- to the bill. I really don’t -- I can’t explain why. But the engineers are for it. Other than the -- some fire sprinkler people, there’s no other opposition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Any discussion? The gentleman from Peoria, Senator Risinger.
Thank you, Mr. President. I rise in support of the bill. I want to commend the Senator. He has a lot of patience in working with everybody. I do have a little bit of problem with the Senator, though, because my sister that lives in Troy thinks she has the best Senator in the State. I -- I remind her that I’m a Senator. She doesn’t care. She still thinks you’re the best. 254 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any further discussion? Seeing none, Senator Haine, to close.
Mr. President, that was an eloquent and articulate statement by Senator Risinger. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 1384 pass. All those in favor will vote Aye. Opposed, Nay. And 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, there are 57 voting Aye -- 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1384, having received the required constitutional majority, is hereby declared passed. Supplemental Calendar No. 1 has been printed and distributed to the Body. On the Order of Supplemental Calendar No. 1, bottom of the page, Motions in Writing, Senate Bill 1390. Senator Wilhelmi. Senator Wilhelmi.
Thank you, Mr. President. I move to take from the table Floor Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) On the motion of Senator Wilhelmi’s to take from the table Floor Amendment No. 1 to Senate Bill 1390, all those in favor will say Aye. All opposed, Nay. In the opinion of the Chair, the Ayes have it, and the motion is adopted. Now proceeding back to the Order of 3rd Readings, page 48, middle of the page, Senate Bill 1390. Senator Wilhelmi. Does the gentleman wish to proceed? He indicates that he does. Madam Secretary, please 255 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 read the bill. Senator Wilhelmi seeks leave of the Body to return Senate Bill 1390 to the Order of 2nd Reading. Seeing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1390. Madam Secretary, there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Wilhelmi.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Wilhelmi, on Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment No. 1 to Senate Bill 1390 makes two minor changes. I’ll explain on 3rd Reading.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Seeing no discussion, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. Amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. On the Order of 3rd Reading, Senate Bill 1390. Senator Wilhelmi, do you wish to proceed? The gentleman indicates that he does. Madam Secretary, please read the bill.
Senate Bill 1390. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 256 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Wilhelmi.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1390, as amended, is an initiative of the Association Forum of Chicagoland and amends the General Not For Profit Corporation Act of 1986 in a number of ways. For example, it provides that notices may be delivered by electronic means to an e-mail address, fax number, or other appropriate contact that is listed on the corporate records. It also permits members to participate in informal voting by mail, e- mail or other electronic means without a meeting. Notice of the informal vote must be delivered five days before the effective date to members who did not vote. It also provides standards to contest a corporation’s refusal to allow a member to examine or copy records or account in circuit court. Does a number of things. I’d be happy to answer any questions and I ask for your support. I’d also like the -- the Chamber to know, we will be working on an amendment in the House and bring it back on Concurrence.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any discussion? Any discussion? Senator Wilhelmi, do you wish to close?
I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 1390 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that 257 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1390, having received the required constitutional majority, hereby declared passed. Senator Clayborne. 1391. The Senator wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1391. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Majority Leader Clayborne.
Thank you, Mr. President, Members of the Senate. Senate Bill 1391 requires the Illinois State Board of Education to adopt rules to provide standards for certification of marital and family therapists employed by school boards. We are still - - the family therapists are still meeting with the social workers and they have agreed to come up with requirements for certification, and this will take place over in the House, so it will come back. I’m asking to allow -- asking you all to vote in support of this to allow the process to continue.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? The gentleman from Cook, Senator Maloney.
A question of the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
258 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Clayborne, does -- does this mean that the -- the Illinois School Counselor Association are in agreement that this will go over and they would continue to work on it?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Clayborne.
That is my understanding.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Clayborne, do you wish to close?
I would just ask to let the process continue to -- to -- to work.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 1391 pass. All those in favor will -- will vote Aye. Opposed, No. And 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, there are 43 voting Aye, 14 voting Nay, none voting Present. Senate Bill 1391, having received the required constitutional majority, is hereby declared passed. We will be going momentarily back to Supplemental Calendar No. 1, but it’s the Chair’s intention to go to the bottom of page 48 before we pick up Supplemental Calendar No. 1. So, on that order, page 48, Senate Bill 1408. Senator Noland. The gentleman wishes to proceed. Madam Secretary, please read the bill. Senator Noland seeks leave of the Body to return Senate Bill 1408 to the Order of 2nd Reading. Seeing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1408. Madam Secretary, are 259 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 there any Floor amendments approved for consideration?
Senate Bill 1408. (Secretary reads title of bill) 3rd Reading of the -- oh, I’m sorry. Floor Amendment 2, offered by Senator Noland.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland, on Floor Amendment No. 2.
Thank you, Mr. President. The amendment becomes the bill. I’m glad to speak to it on 3rd Reading.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Seeing no discussion, all those in favor, vote Aye -- will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. Amendment is adopted. Senator John Jones, my apologies. I didn’t see your light.
Thank you, Mr. President. I was just trying to speed up the process. If we could, we’d just ask Mr. Noland to go ahead and take it out of the record now, okay?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Moving right along, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. On the Order of 3rd Reading and open-mike night, Senate Bill 1408. Senator Noland, do you wish to 260 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 proceed? The gentleman indicates that he does. Madam Secretary, please read the bill.
Senate Bill 1408. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Noland.
Thank you, Mr. President. Thank you, Senator Jones. You know, your -- your comments are well taken. Senate Bill 1408 simply provides that a criminal background check of volunteers who assist in the operation of an amusement ride or amusement attraction when it is open to the public shall be left to the discretion of local law enforcement. That’s it. I ask for…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Gentleman from Kane, Senator Lauzen.
Thank you very much, Mr. President. Just wanted to commend the sponsor for fulfilling a commitment to put an amendment on that went through and it was -- it was wonderful. So thanks.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Gentleman from Cook, Senator Meeks.
I -- I rise in strong support of the gentleman’s bill and I rise to inform him that Senator Trotter has one helmet left over from his motorcycle bill, if he would like it for the rest of 261 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 his bills that he’s presenting.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Noland, do you wish to close at your own peril?
Quickly. Thank you. I have felt as though I’ve been going down head first on a bobsled today. There’s no doubt about it. I just ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 1408 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? This is not his first bill. Have all voted who wish? Madam Secretary, please take the record. On that question, we have 57 voting Aye, none voting Nay, none voting Present. Senate Bill 1408, having received the required constitutional majority, is hereby declared passed. Senate Bill 1410. Senator Harmon. Out of the record. 1411. Senator Harmon. Out of the record. 1417. Senator Sandoval. Senator Sandoval indicates he wishes to proceed. Madam Secretary, please read the bill.
Senate Bill 1417. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Thank you, Mr. President. Senate Bill 1417 is a initiative of the Illinois Automobile Dealers Association and the Chicago 262 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Auto Trade Association. It provides -- it amends the Illinois Motor Vehicle Franchise Act. And it provides when a vehicle manufacturer terminates a dealer franchise, it must buy back the dealer’s unsold new vehicles, parts, inventory and special equipment. It also will allow dealers to sell multiple lines of vehicles at a single location. This type of buy-back provision currently exists in thirty-five other states and it happens when a manufacturer terminates a franchise agreement. It must buy back certain unsold new vehicles, inventory and special equipment. You know, today in America, the auto industry and -- the automobile industry is having problems. And our commitment -- our commitment is not only to the men building the vehicles, but also to the small businesses in our backyard who sell the vehicles. And it’s unfair to the small business owner, the automobile dealer, who buys a line -- as we all know, buys a -- a number of vehicles, puts them on the floor and then all of a sudden wakes up the next morning with the manufacturer going out -- putting that line out of business. This protects small businesses in our backyard. I ask a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? The gentleman from Cook, Senator Millner.
Thank you, Mr. President. I rise in strong support of this bill. You know, this is about the car dealerships within our communities, each and every one of them. And the communities now are struggling each and every day. And what we have to do is find ways for them to get the -- the sales tax, encourage business, sell these vehicles. And what’s happening is we’re 263 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 hearing that some car dealers are talking about eliminating a line, but they don’t tell their dealers. So they’re selling these cars to the dealers and then they eliminate the line and the dealers are stuck with them. In which case, it would actually put the dealers out of business. So we’re just asking for -- for an Aye vote to this very good piece of legislation. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Forby, the gentleman from Franklin.
Thank you. I -- this is a very great bill. I -- I’m just asking everybody to vote Aye on this bill. This is a good bill. Thank you for having this bill here today.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? The gentleman from Sangamon, Senator Bomke.
Thank -- thank you, Mr. President. A question to the sponsor.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates he’ll yield.
Senator Sandoval, I don’t have a problem with the bill, but we did have some opponents. And they appear -- we still appear to have opponents: Neil Flynn, with, I guess, Ford Motor Company; Jim Morphew, with the Alliance of Automobile Manufacturers. And I’m not sure, but my staff has reliably informed me that, in committee, we may have talked about maybe 264 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 an amendment or working on this or trying to alleviate the opposition. Do you recall anything? I’m -- why would they be opposing it?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sandoval.
Senator Bomke, I’d be open to entertaining any discussion or amendment to this very day. The bill passed out of committee unanimously. And if there are some questions, I assume that they can catch this in the House.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Bomke.
I agree. I like the bill. I’m a cosponsor of it. But my staff just informed me that we -- we may have discussed it. So it may need some work in the House. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Seeing none, Senator Sandoval, do you wish to close?
I’d ask a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall Senate Bill 1417 pass. All those in favor will vote Aye. Opposed, Nay. And 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, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 1417, having received the required constitutional majority, is hereby declared passed. Senator 265 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Lauzen, for what reason do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) State your point.
Today we have Matthew D’Alessandro, to my left right here, who is a Page for a Day for both Senator Cronin and for me. He is a sixth grade student at St. Pius X in Villa Park {sic}. His favorite subject is math. His favorite sport is baseball. And his father, Tom, is right up there over the President’s Gallery. And I just ask if you would welcome Matthew. He’s done a really good job today.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Let’s give our guest a warm State Senate welcome. There’s a future State central committeeman there. The gentleman from Cook, Senator Hendon, for what reason do you rise?
Well, I don’t know about all that gentleman stuff, but before I go back to the Chair, in about two hours you’ll be headed back home, and while you’re home, I want you to get in shape, because the softball game -- Matthew, you’ll appreciate this. The championship trophy is over in the Senate and we’re going to take it. We’re going to win it again this year. We’re going to beat those House puppies down. We’re going to show ‘em what the “House of Lords” is all about. So while you’re home, get those cranky bones a moving. Because when we come back in May, the Senate/House softball game will reconvene. And just like last year, we shall beat ‘em again. 266 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. At the bottom of page 48, on the Order of Senate Bills 3rd Reading, Senate Bill 1430. Senator Righter. Senator Righter, do you wish to proceed? Senator Righter. Out of the record. Now turn back to the Supplemental Calendar No. 1. It’s been printed and distributed. On the Order of Senate Bills 2nd Reading, Senate Bill 189. Senator Garrett. Do you wish to proceed? Madam Secretary, please read the bill.
Senate Bill 189. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 2.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Are there any Floor amendments -- have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Senate Bill 1536. Senator Righter. Out of the record. Now on the Order of House Bills 2nd Reading, House Bill 2239. President Cullerton. Madam Secretary, please read the bill.
House Bill 2239. (Secretary reads title of bill) 3rd {sic} (2nd) Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 267 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 3rd Reading. Senator Cullerton, on House Bill 2240. Madam Secretary, please read the bill.
House Bill 2240. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. On the Order of Secretary’s Desk, Resolution, Senate Resolution 129. Senator Hendon. Out of the record. Senate Bill {sic} 164. Senator Cullerton. Senate Resolution 164. Senator -- President Cullerton.
Thank you…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Madam Secretary, please read the resolution.
Senate Resolution 164, offered by Senator Cullerton. No committee amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) President Cullerton.
Thank you, Mr. President, Members of the Senate. These are changes to the Senate rules. I promised this when you elected me that we would make certain changes. We have consulted with our caucus and with the Republican Caucus. Would point out that the Committee on Assignments had over twenty-four hundred bills filed. Only fourteen bills were kept in the committee, primarily because of request of the sponsor or duplication. 268 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 However, we still are proceeding with our rules changes that deal with Floor amendments of chief sponsors. The proposed change seeks to allow a chief sponsor to control the amendments placed on their bill. And the Committee on Assignments would have to act, and after three Session days, if they hadn’t, there’d be an automatic referral of the sponsor’s Floor amendment to the same standing committee that originally heard the underlying bill. There are some exceptions. If, for some reason, the Committee on Assignments determines that the Floor amendment substantially alters the scope of the bill, then this rule wouldn’t apply. The same rule would apply to committee amendments of chief sponsors. And then, finally, if there is a request for a discharge of a bill from the Committee on Assignments, it would be automatically discharged when the chief sponsor of the bill files a motion signed by three-fifths of the Members of each caucus and the Members signing the motion are also cosponsors of the bill. I would be happy to answer any questions and ask that we make these rules changes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? The lady from Cook, Leader Radogno.
Thank you, Mr. President. I just want to acknowledge the work that was done on this by both the Senate Democrats and they -- we were included in this process. These are positive changes, I believe. The only issue that was raised is on releasing something from the Assignments Committee. It’s three- fifths of each caucus, which means that number moves around depending on -- on what the partisan makeup of the Chamber is. 269 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 That’s a little unusual and we’ll have to see how it works. But we do think this is a step in the right direction. And we appreciate the work done. And I would urge everyone to vote in favor of this. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any further discussion? Any further discussion? President Cullerton, to close.
Yes, I just would ask that we approve the resolution.
PRESIDING OFFICER: (SENATOR SCHOENBERG) There will be a roll call vote to approve Senate Resolution 164. The question is, shall Senate Resolution 164 pass. All those in favor will vote Aye. Opposing, Nay. And 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, there are 57 voting Aye, none voting Nay, none voting Present. Senate Resolution 164, having received the required constitutional majority, is hereby declared adopted. Senator Hendon in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Leader Schoenberg. And he did a great job, didn’t he? Almost as quick as I am. Not quite as tall, not quite as dark and handsome, but he did a great job. Senate Bill 364. We’re on Concurrence. Madam Secretary, read the -- read the motion. The motion is filed by Leader Cullerton on this bill. Leader Cullerton yields to Senator Schoenberg to explain the motion. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their 270 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Amendments 1 and 2 to Senate Bill 364. Senator John Cullerton.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, for Senator Cullerton.
I move to concur on House Amendments 1 and 2 to Senate Bill 364. These amendments combined represent a comprehensive pension -- pension reform package that will add considerable transparency and accountability and dramatically strengthen the -- strengthen the public accountability that we have over the State’s retirement systems. Somewhat ironic, I have to add, that today, within the past hour, a seventy-four-page indictment was filed and much of the content within that pertained -- were allegations made by the government pertaining to unlawful conduct relating to the State’s retirement systems. This is not an issue I have to add that is -- has been limited to the prior administration - this behavior. But this is -- there has been a chronic need to dramatically strengthen the transparency and accountability of the State’s retirement systems for some time. Most of the elements in these two amendments have, in fact, passed this Body. Before, they were contained in Senate Bill 1305 in the 95th General Assembly. Unfortunately, that bill never made its way to the Governor’s desk for his signature. And now, as a result of further deliberation and consideration by both the -- the Joint Committee on Government Reform and the Governor’s Reform Commission, most of the elements of that legislation and some new ones are included with that bill. I’d be happy to go into that in slight detail. The highlights of this are that every board member of a public retirement system 271 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 or pension fund must file a statement of economic interest. They will be governed by our Ethics Act and there’ll be additional ethics training required. Consultants will have fiduciary duty. Most notably, in order to approach one of the State’s retirement systems to do business, you have to be a licensed investment professional, which significantly takes the political influence out of the process of making decisions that involve tens of millions if not hundreds of millions of dollars in these multi-billion-dollar funds. There’s a provision for strengthening our goals for emerging investment managers and having greater diversity within the pension boards. There are provisions for conflicts of interest. And finally, I just wish to add that, one -- there’s -- the same Gift Ban Act which applies to us, applies by and large to people who are seeking business for official action from the board. There’s a ban on contingent and placement fees so that no entity promoting an investment can be paid on a contingent fee basis. And finally, I just wish to add that these boards will be reconstituted and the Executive Director of the Teachers’ Retirement System is removed in this legislation, effective July 1, 2009. I’m now happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Okay, there are plenty of lights lit for discussion. Senator Pankau.
Thank you. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Pankau.
272 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator, I asked you this question during committee, but for legislative intent, since I could not find it in the actual wording in the bill. Those who might wish to remain on the board, will they have the opportunity to submit their credentials and résumé to the -- to Governor Quinn, should they -- should they have that as a choice? Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
Thank you. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- I’m sorry, Senator Dillard.
Thank you, Mr. President. I rise in support of the gentleman’s legislation. Like any ethics bill or any type of cleansing of government, it’s a little hard to vote No on something like this. And I get the timing - the -- the stench of the indictment comes down and it’s -- it’s good political posturing to trot this baby out an hour after that. But this, like the capital bill earlier in the morning, is just an appetizer. And we need to do a lot more than just this over the remaining month and a half or so of Session with respect to the ethics and cleaning up the morals of State government. So, I rise in support of it. I do want to point out that I’m getting calls from some of the teachers’ unions in my district. And I 273 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 do -- in fairness to the teachers, who are a little upset that they are going to somehow be usurped in the control of their pension funds, I do want to point out it’s not the teachers who are on these boards that committed the corruption. It was the gubernatorial appointees on this board, of which we’re increasing that number, that were the corrupt individuals. So you’re all going to hear - if you haven’t been back to your office - from the teachers who are not happy with this. And in fairness to the teachers, who have a very vested, no pun intended, interest in making sure their system is clean and earns the -- the best returns, the teachers have been pretty doggone good stewards of their own retirement system. And they are a little leery of we politicians who are going to put more political appointees on here when it’s been the political appointees who have had the corruption, not the teachers. But I commend the sponsor for this. And hope this is just the appetizer, like the capital bill appetizer we had today. But as Senator Cullerton adeptly pointed out, the castor oil and the -- and the -- the harder things are down the road. So I rise in support of this. Commend Senator Schoenberg for doing this. But we got more work to do, folks. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Okay. The last speaker will be Senator Raoul and then Senator John Jones. Senator Kwame Raoul.
Thank -- thank you, Mr. President. With all due respect to the last speaker, this is not political posturing. As Senator Schoenberg indicated, he has sponsored a bill in the past. I have sponsored a bill in the past where I invited the respective 274 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 pension funds to, as I said to them, paint on a canvas, inviting them to -- to -- to police themselves so to speak. This is a good bill. And I -- I want to commend the Senate President, as well as the Speaker of the House, for convening the joint committee and receiving a lot of input from various people in this -- in -- in this General Assembly, including Senator Garrett, who made some suggestions with regards to transparency. And a -- and a lot of the provisions in this come out of a history of having hearings that Senator Martinez and Senator Munoz have -- have held. There’s one specific provision that we changed that had to do with a specific amount of goals. And we -- we -- we -- we removed a specific number because we recognize a uniqueness of the different pension funds. And recognizing the uniqueness of the different pension funds is very important. That’s why there was not a consolidation provision in -- in this bill. Also, it should be noted -- the previous speaker mentioned that some of the teachers are upset and that they are not responsible for some of the wrongdoings that -- that ironically happened at the Teachers’ Retirement System. There’s a very important provision in this that has to do with education of trustees. The fact of the matter is that the trustees had the final say. And the things that happened at Teachers’ Retirement System happened under the watch of the existing trustees. And so it’s important to have both the ethics education as well as the investing education that is included in this. I know Senator Harmon introduced a bill that -- to deal with the Article 3 and Article 4 pension funds to -- to advise for education. The final thing I want to say with regards to reforms generally, this is a very reasonable step in terms of 275 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 reforms. I know we’re going to all have the urge to put forth many different reforms, as was indicated earlier, as political posturing. But this is not that. This is not that at all. We recognize that you could -- investment decisions is not like buying asphalt or buying widgets. So all the -- the -- the requirements that we put -- normally put on procurement, we could not put on -- on -- on the pension funds. And so I urge a -- a -- a -- everybody to vote for this bill.
PRESIDING OFFICER: (SENATOR HENDON) The Chair would appreciate succinct comments on the legislation. Senator Jones.
Thank you, Mr. President. I won’t be as long-winded as that. Just -- just to the bill: And -- and, Senator Schoenberg, I -- I brought it up in -- in committee a while ago and I voted for this in committee. But I’ve had two phone calls of two constituents of mine who actually serve on the board. They’re both retired teachers. They’re opposed to this just for the fact that -- that it’s going to be changed to where the Governor’s going to make two additional appointments and, quite frankly, he’s going to -- in -- in a roundabout way he’s going to control this board. And -- and I have a problem with that, as I brought up in committee a while ago. My retired teachers that’s serving on the board has a problem with it. In fact, I’ve had lots of phone calls from -- from teachers in my district. And -- and they are my constituents. And although I like a lot of stuff that’s in this bill, I think it’s a giant step, but I’m going to vote Present on the bill just out of respect for the teachers back home that -- that support me. 276 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, to close on Senator Cullerton’s motion to concur on Senator Schoenberg’s bill. Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I, too, would like to extend my thanks to President Cullerton, who showed us that if you beat your head against the wall for several years on an issue like this, sometimes the wall will move. And today that is, in fact, the case. Also to my colleagues, Senator Harmon, Senator Raoul, Senator Garrett, Senator Steans, to Speaker Madigan, to Representative Burns and Representative Nekritz, who carried the legislation previously in the House. Want to let the Members know that the consolidation study that’s been commissioned by the -- that’s been commissioned by the Commission on Government Forecasting and Accountability will be concluded at -- at the end of April. And at that time, we’ll have a better sense on whether there’s any merit to adopt the Treasurer’s proposal to consolidate the funds. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 364. 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 -- Jacobs -- take the record. On that question, there are 57 voting Aye, 1 voting Nay, 1 voting Present. The Senate concurs in House Amendments No. 1 and No. 2 to Senate Bill 364. And the bill, having received the required 277 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 constitutional majority, is declared passed. With leave of the Body, we’re going to go back on the Supplemental Calendar to Senate Bill 1536. Senator Righter, do you wish to proceed? Madam Secretary, read the bill.
Senate Bill 1536. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now we’re going to go back to your regular Calendar, page -- it’ll be Senate Bill 44. Page 41. Senate Bill 44. Senator Schoenberg, on Senate Bill 44. Madam Secretary, please read the gentleman’s bill.
Senate Bill 44. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you -- thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 44 presents an opportunity for us this evening to ensure that the State of Illinois will receive up to one billion dollars, combined State and new federal sources, to pay for health care in our State and maintain the existing health care infrastructure that we have - hospitals, nursing homes, community health care providers for mental health and developmentally disabled, all of whom are 278 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 heavily dependent upon Medicaid in order to keep their doors open, and they’re also major employers in our community. Senate Bill 44 phases in the one-dollar-per-pack tax increase on cigarettes over a two-year period. The money goes exclusively towards -- into a fund which pays for Medicaid reimbursable expenses. Coupled with the new federal funding opportunities that we have through the stimulus law, every dollar generated by this cigarette tax will enable us in these next couple of years -- will be worth two dollars and fifty cents - thanks to the federal stimulus law - for paying our Medicaid and health care bills. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Cullerton. President -- President Cullerton.
Yes, thank you, Mr. President. Just wanted to indicate my support for this bill. This is going to generate a lot of money after being matched by the Medicaid dollars. It’s going to be part of our budget. A number of young children will not start smoking. A number of Illinoisans will stop smoking. It’s a necessary part of this budget this year. I would urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing -- Senator Syverson.
Thank you. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield for a few questions. Senator Syverson. 279 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Senator, was any -- or, any thought given to the impact this is going to have with our surrounding states having a -- a -- a tax rate that is lower and in some cases significantly lower than it is Illinois?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
On this -- on this matter as well as other matters, we obviously don’t operate in a vacuum -- and consideration has been given to that. By the same token, we see, as a -- this year, as opposed to any other time that we’ve brought this legislation, we have an opportunity to pay for our health care, to turn every dollar into two dollars and fifty cents with the additional federal stimulus bonus money. And that, coupled with what Senator Cullerton just eluded to, offsets what you’re describing.
PRESIDING OFFICER: (SENATOR HENDON) Normally, you -- you know we go to the President last. So, Senator Syverson.
Thank you. When Chicago implemented their dollar-a-pack tax a few years ago and we saw cigarette sales drop by fifty percent, Indiana cigarette sales went to record levels and the State of Illinois ended up actually losing revenue because of our State’s share of this. With an increase of this magnitude and the majority of people living on the borders and the fact that when -- when -- when people purchase cigarettes, they make other purchases as well -- I know you -- you have heard from the 280 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 retail industry, the automotive industry, the truck stops, how they’re going to be devastated by this, because people don’t just make a single purchase when they make that -- when they make that change. So, I guess, number one, is the -- the concern that this is going to have on Illinois business. It’s not going to change smoking habits; it’s going to just get people going across the border since the majority of people live along the border.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson, is that to the bill, or is there a question, sir? Senator Syverson.
Yes, it is. Now I got to start over, ‘cause…
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir. Go right ahead.
Now I got to start over, ‘cause…
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson, to the bill, sir. No problem.
Thank you. Okay, the -- the question would be is - first question - smokers currently -- the amount of taxes they pay -- I mean, most studies have show that the amount of tax the cigarette payers {sic} pay now are more than enough to cover what their added cost is. So, we are disproportionately taxing not only low-income people, but we’re disproportionately putting a tax on people that are already paying significantly for the health care costs in this State. So, from a fairness standpoint, is this tax of this size -- do you believe that it 281 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 is -- is truly fair, or is this just an easy way to go after a politically correct population?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
I believe it is fair for a couple of reasons. The first reason is that, contrary to the gentleman’s statement, this will have an impact on reducing tobacco usage, particularly among young people, as a result of the increased cost. As a result of what the impact on Illinois business will be, it’s -- it’s my estimation that in over seventy of the State’s hundred and two counties, the hospital is the major employer in those counties. As we know, we have passed the Hospital Assessment Plan, which has brought an infusion of billions of dollars and continues to do so into our hospitals which are major employers. Our hospitals, nursing homes and other health care providers in the community that rely on Medicaid have the opportunity to have a dollar converted to two dollars and fifty cents. That’s hardly political correctness, Senator. I think that’s a wise decision to ensure that we don’t see reduction in health care services that are accessible and of quality.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson, are you satisfied or do you want one last -- Senator Syverson, to the bill, please, sir.
You’re not -- Senator, you’re not -- you’re not implying that the cigarette tax is the -- the federal government says we have to do this -- federal -- we have to do the cigarette tax to get the federal match? This is just one revenue idea. We can 282 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 use other revenue ideas to get that federal match. It’s -- this is not the only way to get the match. I want to make sure that that portion is clear. And last question is, with this in place, are we talking about the pack -- I mean, a carton of cigarettes will be over twenty dollars difference in Chicago from what it is in Indiana? And if that’s the case, we -- we’re talking about some significant amount of black marketing going for that kind of -- for that kind of difference.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Will the sponsor yield for a question, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Martinez.
Senator Schoenberg, is -- I just want to make sure it’s a guarantee. I’m not very happy about voting on this bill, but all the money that’s going to be utilized that’s going to come out of this, you know, this -- this revenue, is all going strictly - strictly - into health care.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Senator Martinez, there’s a minute portion which goes for enforcement of the tax to the Department of Revenue. But the overwhelming part goes -- the overwhelming majority of the revenues go into the Healthcare Provider (Relief) Fund, which pays for things like the children’s health insurance program, Medicaid, covers the pharmaceutical assistance for senior 283 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 citizens and disabled persons. And the answer is yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez, to the bill.
To -- to the bill. While I am not very happy, ‘cause I know that in Chicago a pack of cigarettes costs you right now nine dollars and twenty-five cents. And I have received tons of phone calls from residents in the area about that hike. And at the same time, with all the other taxes to the City, the -- the City residents of Chicago have with the City taxes and the local tax -- I mean, and the county taxes, they are really, really extremely high for an average person to live. So I’m going to vote for this bill, but for only one reason, and that is because the revenue that is generated is going to go into health care. And that’s why I’m going to vote Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, to close.
I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 44 pass. All those in favor will vote Aye. We’re about to vote, Ladies and Gentlemen of the Senate. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take -- take the record. On that question, there are 29 voting Nay, 28 -- 29 voting Yea, 28 voting Nay, and 1 voting Present. Senate Bill 44, having not received the required constitutional majority, is declared failed. Senator Schoenberg, are you indicating Postponed Consideration, sir? 284 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
I am.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg requests that this bill be put on Postponed Consideration. The -- the bill will be placed on the Order of Postponed Consideration. With leave of the Body, we’re going to go on your Senate Calendar to Senator Righter’s bill. Senate Bill 1430. Page 48 of your Senate Calendar. Madam Secretary, read the bill. I mean, Senator Righter seeks leave of the Body to return Senate Bill 1430 to the Order of 2nd Reading for the purpose of amendment. Is leave granted? Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1430. Madam {sic} Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Righter.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. The provisions in this amendment, Floor Amendment No. 1, were provided to us by the Illinois State Bar Association. I’ll be happy to talk about the entire bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, 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?
285 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1430. Mr. Secretary, read the gentleman’s bill.
Senate Bill 1430. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Senate Bill 1430 was brought to me by a constituent. She and her family are guardians of a -- their six-year-old nephew. They are now subject to an effort by parents, who were -- previously deemed unfit, to terminate the guardianship and reclaim guardianship of the children themselves. This bill, quite simply, would help alter the emphasis in Illinois law with regards to termination of guardianship cases to provide a greater emphasis on the best interests of the child, specifically after parents, and only after parents, are deemed unfit and -- and that child has then been placed in the guardianship of someone else. If the natural parents who have been deemed unfit come back to try to terminate that guardianship, they would be first required to go through a fitness hearing under this legislation. I’ll be happy to answer any questions, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Senator Silverstein. 286 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Thank you, Mr. President. I just want to commend the sponsor. There’s going to be some more work on this in the House, but I do think this is a good start and I would appreciate an Aye vote on this side of the aisle too.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1430 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? You’re going to get your pause. Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 1430, having received the required constitutional majority, is declared passed. Senator Millner, for what purpose do you seek recognition, sir?
Thank you, Mr. President. As chief sponsor of Senate Bill 1811, I would like to table that bill.
PRESIDING OFFICER: (SENATOR HENDON) On Senator Millner’s motion to table Senate Bill 1811, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the motion is adopted. The bill is tabled. Now we will be going to the Agreed Bill List. As previously announced and with the leave of the Body, we will now proceed to the Order of Consideration of Agreed Bill List. On page… Page 54 of your Calendar, middle of your Calendar. Madam -- Mr. Secretary, please read the bills on the Agreed Bill List for the 3rd time.
Senate Bill 27. 287 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 (Secretary reads title of bill) Senate Bill 47. (Secretary reads title of bill) Senate Bill 99. (Secretary reads title of bill) Senate Bill 122. (Secretary reads title of bill) Senate Bill 134. (Secretary reads title of bill) Senate Bill 174. (Secretary reads title of bill) Senate Bill 178. (Secretary reads title of bill) Senate Bill 181. (Secretary reads title of bill) Senate Bill 214. (Secretary reads title of bill) Senate Bill 226. (Secretary reads title of bill) Senate Bill 227. (Secretary reads title of bill) Senate Bill 230. (Secretary reads title of bill) Senate Bill 235. (Secretary reads title of bill) Senate Bill 236. (Secretary reads title of bill) Senate Bill 241. (Secretary reads title of bill) 288 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate Bill 242. (Secretary reads title of bill) Senate Bill 260. (Secretary reads title of bill) Senate Bill 262. (Secretary reads title of bill) Senate Bill 263. (Secretary reads title of bill) Senate Bill 264. (Secretary reads title of bill) Senate Bill 265. (Secretary reads title of bill) Senate Bill 268. (Secretary reads title of bill) Senate Bill 270. (Secretary reads title of bill) Senate Bill 276. (Secretary reads title of bill) Senate Bill 277. (Secretary reads title of bill) Senate Bill 279. (Secretary reads title of bill) Senate Bill 298. (Secretary reads title of bill) Senate Bill -- 310. (Secretary reads title of bill) Senate Bill 316. (Secretary reads title of bill) Senate Bill 328. 289 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 (Secretary reads title of bill) Senate Bill 583. (Secretary reads title of bill) Senate Bill 1066. (Secretary reads title of bill) Senate Bill 1289. (Secretary reads title of bill) Senate Bill 1297. (Secretary reads title of bill) Senate Bill 1348. (Secretary reads title of bill) Senate Bill 1353. (Secretary reads title of bill) Senate Bill 1440. (Secretary reads title of bill) Senate Bill 1462. (Secretary reads title of bill) Senate Bill 1482. (Secretary reads title of bill) Senate Bill -- excuse me, 1499. (Secretary reads title of bill) Senate Bill 1524. (Secretary reads title of bill) Senate Bill 1553. (Secretary reads title of bill) Senate Bill 1702. (Secretary reads title of bill) Senate Bill 1753. (Secretary reads title of bill) 290 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate Bill 1816. (Secretary reads title of bill) Senate Bill 1817. (Secretary reads title of bill) Senate Bill 1894. (Secretary reads title of bill) Senate Bill 1906. (Secretary reads title of bill) Senate Bill 1922. (Secretary reads title of bill) Senate Bill 1925. (Secretary reads title of bill) Senate Bill 1926. (Secretary reads title of bill) Senate Bill 1928. (Secretary reads title of bill) Senate Bill 1929. (Secretary reads title of bill) Senate Bill 1932. (Secretary reads title of bill) Senate Bill 1934. (Secretary reads title of bill) Senate Bill 1946. (Secretary reads title of bill) Senate Bill 1956. (Secretary reads title of bill) Senate Bill 1958. (Secretary reads title of bill) Senate Bill 1972. 291 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 (Secretary reads title of bill) Senate Bill 1977. (Secretary reads title of bill) Senate Bill 2010. (Secretary reads title of bill) Senate Bill 2012. (Secretary reads title of bill) Senate Bill 2014. (Secretary reads title of bill) Senate Bill 2024. (Secretary reads title of bill) Senate Bill 2044. (Secretary reads title of bill) Senate Bill 2057. (Secretary reads title of bill) Senate Bill 2071. (Secretary reads title of bill) Senate Bill 2086. (Secretary reads title of bill) Senate Bill 2090. (Secretary reads title of bill) Senate Bill 2119. (Secretary reads title of bill) Senate Bill 2129. (Secretary reads title of bill) Senate Bill 2172. (Secretary reads title of bill) Senate Bill 2180. (Secretary reads title of bill) 292 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate Bill 2217. (Secretary reads title of bill) Senate Bill 2218. (Secretary reads title of bill) Senate Bill 2224. (Secretary reads title of bill) Senate Bill 2252. (Secretary reads title of bill) Senate Bill 2256. (Secretary reads title of bill) Senate Bill 2258. (Secretary reads title of bill) And Senate Bill 2277. (Secretary reads title of bill) 3rd Reading of these Senate bills.
PRESIDING OFFICER: (SENATOR HENDON) As explained… We’re just making sure that they’re all read -- on the Agreed Bill List are read. Give us one second. As explained last evening, there will be one roll call that will apply to each bill on the Agreed Bills List. You all need to hear this. For the purposes of the electronic roll call vote, only a vote of Yes will be recorded for each bill on the list -- by the -- read by the Secretary. A No or Present vote on the electronic roll call will not be recorded. The Secretary of the Senate will record you as a -- voting No or Present on any particular list -- listed bill based on the responses you filed with the Secretary. The roll call will be on final passage of the bills just read by the Secretary. The question is, this -- shall this series of bills pass. All those in… The roll call 293 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 will be on the final passage of the bills just read by the Secretary. The question is, shall this series of bills pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. The roll call will be on final passage of the bills just read by the Secretary. The question is, shall this series of bills pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. On these bills, there are 59 voting Aye, no Nays, no Present. Votes as recorded in the Office of the Secretary of the Senate, the record will appropriate -- appropriate -- on these bills, the Ayes -- there are 59 Ayes. The Nays and Present votes are as recorded in the Office of the Secretary of the Senate, which there were none. The record will appropriately reflect the Negative or Present votes as submitted in writing to the Secretary. These series of bills, having received the required constitutional majority by record vote, is declared passed. The record vote of each bill shall be entered in the Journal. Just for clarity, the Nays and Presents are recorded in the Office of the Secretary. The list is declared passed. We’re on a pace to get you out of here about 8 o’clock or so - 8:15. So let’s keep moving. We’re going to the top of page 49. Senate Bills 3rd Reading. Senate Bill 1434. Senator Sandoval. Mr. Secretary, read the gentleman’s bill.
Senate Bill 1434. (Secretary reads title of bill) 294 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval.
Thank you, Mr. President. When Rod Blagojevich came into office, he immediately did an assault number on the trucking industry of Illinois. Instead of trying to provide an incentive to spur the economic growth of the State, instead of trying to create jobs, in lieu of trying to make commerce a lot more -- a lot more sophisticated and readily available and more efficient, he slapped on a thirty-six percent surcharge on Illinois truck license plates registration fee. For the last few years, this Legislature has moved forward to repeal portions of the commercial distribution fee. What’s remaining is a fourteen -- 14.35 percent fee on truckers. This has been a constant -- constant prohibition of trying to increase revenues in the State of Illinois. The Mid-West Truckers Association says that when commercial distribution fee was assessed in 2003, they lost roughly twenty thousand trucks. The fee has been decreased since then, but the -- and the truckers are seeking to have it repealed altogether. They indicate that if Illinois had kept pace with the national average for truck registrations since 2003, the State would have had more than -- nearly forty thousand more trucks than it currently has. This amounts to a loss of over a hundred million dollars in truck registration fees per year. This is a big issue for the Illinois trucking industry coalition. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Dahl. 295 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Thank you, Mr. President. Question -- or a comment for the -- for the good Senator from Cicero.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir. Go right ahead.
Thank you. Appreciate that. Senator Sandoval, thank you very much for bringing this important issue to our attention. As -- as we all know, that’s part of the reason I’m here in the first place. You know, we lost thousands and thousands of license plates at that time, and -- and not only the distribution fee, but the -- but the plates and everything. But the odd -- the odd thing about it is that we lost the revenue, but we didn’t lose the trucks. Those trucks were -- were still in Illinois with a plate from a different state, still doing the same amount of work in the same place. Especially at this time, it’s extremely important that we pass this critical bill. Just this -- this past two weeks, a major midsized carrier from Aurora has shut their doors and seven hundred and fifty jobs have -- have gone by the wayside. It’s a critical time in -- in the transportation industry right now and we need -- we need all the help we can get. Thank you. Appreciate a Yes…
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby. Senator Forby. Senator Forby.
Yes. Yes, sir. We got several things going on here. This is a -- this is a fantastic bill. In my district here, the people have lost so many jobs. When they lost their jobs, they went to driving trucks, because there wasn’t nothing else out 296 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 there. And we’ve -- then when -- then when we lost the trucks on these fees and the taxes and the registration fee, it was -- it was -- it was the wrong thing to do. I had a truck back then. I -- I couldn’t -- I mean, I couldn’t -- if I still had my truck, I couldn’t pay these -- pay these license fees and what it is. It ran so many small businesses out of southern Illinois. So I think this is a very good bill. We need to pass this bill and make it -- make it right for the truckers. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
Thank you -- thank you, Mr. President. To the bill: Senator Sandoval, I want to commend you for bringing this piece of legislation forward. And -- and, quite frankly, in this time -- in -- in tough economic times, not only for the State of Illinois, but -- but for the government of -- of Illinois, the people are suffering. And -- and if this will save a few jobs, you know, it’s -- it’s the right thing to do. I think it’s the right thing to do to send a message back home to all of our constituents that, hey, we know these are tough economic times and if we can help keep some of the jobs that we have, or maybe even create a few. But as Senator Dahl just mentioned, there are several midsize trucking companies in the State of Illinois that are either moving out of the State or closing their doors. And so, I would just encourage an Aye vote for this bill. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen. 297 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
I rise in support of the bill. I commend the sponsor for his work. It came through the Revenue Committee unanimously. And we are at the crossroads of transportation. Why we would disadvantage ourselves by more taxes, don’t know. But we’re correcting it.
PRESIDING OFFICER: (SENATOR HENDON) Leader Radogno.
Thank you, Mr. President. I, too, rise in support of this bill. I’m glad that we are rolling these fees back, but it’s -- was difficult for me to listen to the sponsor who talked about how the Governor -- previous Governor had done all this and it’s important to remember he did not do all of this by himself. And the fact of the matter is, a number of people who are still in this Chamber voted to raise those fees initially. So, I’m glad we’re doing the right thing now, but let’s not rewrite history. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sandoval, to close.
I’d ask a favorable vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1434 pass. All those in favor will vote Aye. Opposed, vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, 1 voting Present. Senate Bill 1434, having received the required constitutional majority, is 298 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 declared passed. We are picking up the pace. Senate Bill 1435. Senator Lightford. 1435. Mr. Secretary, please read the lady’s bill.
Senate Bill 1435. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, this is actually a shell bill to address payday loan. We have not been able to fully engage in that discussion in the Senate. Most of the discussions are taking place in the House and they’re looking to send a bill over. I’m not exactly sure if that will be our final. So I’d like to send a shell over to the House so that payday loan discussions will continue and hopefully we’ll arrive at something that we can all agree on, the consumers and the industry. I’d be happy to answer questions; otherwise, I’d like an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1435 pass. All those in favor, vote Aye. Opposed, vote Nay. Voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 1435, having received the required constitutional majority, is declared passed. Senate Bill 1443. Senator Frerichs. Senator Frerichs seeks leave to 299 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 return Senate Bill 1443 to the Order of 2nd Reading for the purpose of amendment. Is leave granted? Leave is granted. Now on the Order of 2nd Reading is Senate Bill 1443. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Frerichs.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Floor Amendment 3 deletes all and becomes the bill. I’ll be happy to discuss it on…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, vote Aye. Opposed, vote Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1443. Mr. Secretary, read the bill.
Senate Bill 1443. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Mr. President, this amendment specifies that the term 300 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 “hospital” within the Hospital Licensing Act does not include any veterinary hospital or clinic operated by a veterinarian or veterinarians or maintained by State-supported or publicly funded university or college. This exemption is repeated within the Controlled Substances Act. It establishes that waivers approved by the Secretary of the Illinois Department of Financial and Professional Regulation or -- of the requirement for a pharmacist to be on duty at all times for State facilities not treating human ailments shall remain in effect until the waiver is rescinded by the Secretary and the Department provides written notice…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1443 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 57 voting Aye, none voting Nay, none voting Present. Senate Bill 1443, having received the required constitutional majority, is declared passed. The Chair is not being rude to anyone, but we are picking up the pace, Ladies and Gentlemen. Senate Bill 1449. Senator Jacobs. Mr. Secretary, read the gentleman’s bill.
Senate Bill 1449. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
301 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Mr. President. This bill allows labor service - - agencies to enroll unpaid applicants as agents of the ALL KID {sic} program. It also makes it illegal for anyone to charge money for anyone who would sign up for the ALL KIDS program.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Syverson.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield for a few questions. Senator Syverson.
Thank you. Senator, we discussed this a little bit in -- in committee. The concern we have is, here in Illinois, especially in the temporary help field where there is a -- a disproportionate number of people who are potentially illegal that are working in these fields. With the report that just came out saying that almost fifty thousand illegal children now are being covered under this program, the concern of expanding this and making it easier to enroll this -- the concern is, it’s going to raise -- it’s going to put more people involved in it and potentially add to the number of illegals that are getting covered under this program, thus inviting even more inflow into the State, which has been a concern that’s been raised. I don’t know if you -- if you’d mind addressing that. But, again, I know what you’re trying to do, I’m just concerned that this is going to create a further growing problem that we have here in Illinois.
PRESIDING OFFICER: (SENATOR HENDON) 302 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Jacobs.
Thank you for your positive question, Senator. I would just say that -- that these folks are caught in our trap. They’re in our schools. These kids are just kids. And if you want to deny kids insurance, then vote against the bill. But it just seems to me that we’re not talking about adults, we’re talking about kids. So, I would think that what we should do is to make sure every child in this great country of ours, in this great State of Illinois, has the proper insurance, because we’re going to get ‘em one way or another. People are going to show at the emergency room or we’re going to give ‘em health care. And we’re not asking anybody to do anything illegal. We just hope this moves forward and everybody can get what they need.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.
Thank you, Mr. President. To -- to the bill: Once again, this -- these arguments came up in committee, and -- and it’s quoted in here under Day Labor Act, and being one of the coauthors of the Day Labor Act and having worked with Senator Jacobs, and understanding that all -- all employers give information out for their families on health care. And this should be no different. There are provisions in the Day Labor Act, both criminal and civil. For those unscrupulous employers who do give it to those who are undocumented or -- or not qualified to utilize it, there are other laws in the statutes that cover this and this should not be held hostage. Employers in the staffing services have been very patient with this Act, 303 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 and I commend them. And we worked diligently to take out the Kelly girls and take out all of the professional sides of it to make sure that those workers are protected. And all this is, is to make sure that at least those temporary workers have knowledge for their children. And as the author of the Day Labor Act, I would ask for your support and let’s not mix apples with oranges.
PRESIDING OFFICER: (SENATOR HENDON) Thank -- thank you, Senator.
Let’s take care of our kids.
PRESIDING OFFICER: (SENATOR HENDON) Thank -- thank you, Senator. Senator Jacobs, to close.
I would just ask for an affirmative vote. I know of no known opposition, but for Senator Syverson.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 1449 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 -- I’m not going to wait long. Take the record. On that motion {sic}, there are 45 voting Aye, 8 voting Nay, 1 voting Present. Senate Bill 1449, having received the required constitutional majority, is declared passed. Senate Bill 1450. Senator Dahl. Mr. Secretary, please read the gentleman’s bill.
Senate Bill 1450. (Secretary reads title of bill) 304 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Thank you, Mr. President. Senate Bill 1450 is a -- is a commonsense bill. It -- it eliminates the -- the rule of eight- foot-wide semitrailers on Class II and III roads. And the reason for this is that they are obsolete; you can’t buy one anymore. And the IDOT was opposed to this bill, but once they checked into it and found out that -- that they are obsolete and you can’t buy ‘em anymore, they took away their opposition. So I encourage a Yes vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1450 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 56 voting Aye, none voting Nay, none voting Present. Senate Bill 1450, having received the required constitutional majority, is declared passed. Senate Bill 1466. Senator Emil Jones. Mr. Secretary, please read the gentleman, who did not vote for the smoking ban -- I mean the smoking tax, bill.
Senate Bill 1466. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones, you lost a little weight there. Senator 305 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Jones. This -- is this your first bill?
Yes, it is.
PRESIDING OFFICER: (SENATOR HENDON) Beg your pardon. Beg your pardon. Senator Jones.
Yes, it is, Mr. President. Mr. President, yes, this is my first bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones. Senator, to explain your bill.
Senate Bill 1466 simply updates certain Sections to the Election Code with regards to mailing an absentee ballot. It clarifies that in order to be counted, absentee ballots must be postmarked by midnight on the day before the election day and received by the proper election authority within two weeks of the election. I’ll be happy to answer any questions. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Really? Okay. We’re going to invoke the Cronin rule. I don’t know why, ‘cause Cronin is not funny to me, but… Senator Viverito.
Senate -- yes, Mr. President. Senator Jones, you say it has to be postmarked by midnight. What time zone would that be?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
It depends on where you are in the country. 306 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito.
Talking about Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Central.
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito.
Well, I’m certainly honored that you told me the right zone. And I would also -- I’m looking at the proponents and opponents and don’t see former President Jones listed. What is his position on this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
He’s a proponent.
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito.
…that last vote that you took?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
No.
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito. 307 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Question, Mr. President. So what happens to a ballot at midnight? Does the ballot turn into a pumpkin?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
No, actually it turns into a tomato.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Murphy.
Senator, our staff analysis shows that Senator Noland agreed to hold this bill on 2nd. Do you care to comment on that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
I can’t answer for Senator Noland.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
Neither can the rest of us. Thank you and congratulations. Welcome.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
308 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Righter.
Thank you. I just have a couple questions for you, Senator Jones. And you’ll have to excuse me; these are the kinds of questions I never had the guts to ask your dad, but I want to go ahead and ask you. Downstaters have always been led to believe that people in your neck of the woods like to vote so much that they like to vote more than once. And there is some scuttlebutt - I know - there’s some scuttlebutt over here on this side of the aisle that this bill is really designed to advance that cause. And so I want to ask you a couple questions about that. When it says, on page 4 {sic}, line 10 of your bill, Senator Jones, “for counting no longer {sic} (later than) during the period for counting provisional ballots”, how long is the period for counting provisional ballots?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Could you repeat your question?
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Senator -- Senator Jones, page 6, line 10, 11 and 12 of your bill, talks about the period for counting provisional ballots. How long is that time for counting provisional ballots? Is -- and is that different in Cook County than it is in Coles County? 309 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
9 and 10 does not state that on page 6.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
All right. Senator Jones, Senator Viverito asked you a question earlier about time zones. Now a day or two ago, Senator Hutchinson had a bill that allowed a dependent child of a military family to vote in Illinois even though they didn’t live in Illinois. So, my question for you is, does that person who wants to vote as a dependent child of a military family, do they have to know what midnight is where they’re at or in Illinois?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
That’s an obvious answer. In Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Senator Jones, you’ve done a fine job. Congratulations on your first bill and welcome to the Illinois Senate.
PRESIDING OFFICER: (SENATOR HENDON) Ah, you’re all so weak. Senator Jacobs.
I, too, rise, Senator. I just wanted to tell you that my grandfather served with your father. My father served with your 310 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 father. And I served with your father. And I just want to say how proud I am to serve with Emil Jones’ brother. Oh, he’s not his -- son -- son -- son -- son. And I want to say, I’ve had several people stand in front of me -- or sit in front of me for years, and I want to say you’re -- you’re the thinnest - right? - and the best looking. And I saw you make a really tough vote this afternoon. I know it was a hard vote for you, but I was proud of you, Senator. I look forward to working for you and with you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Yes, he will. Senator Link, bring it.
First of all, I’m a little confused. I think Senator Jacobs got former President Jones and this Emil Jones a little confused. You were never nice to the former President that well. But, anyway, as the sponsor of early voting, does this conflict anything with early voting, because this was supposed to take the place when we did early voting so we didn’t have this conflict of absentee voting? Do you know anything about that, Senator Jones?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Well, quite obviously, it wasn’t taken care of, ‘cause that’s why I’m presenting this bill now, to make sure that all 311 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 of our military troops overseas, to make sure all their votes are counted. So, no, it was not taken care of.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Well, you did learn something from your father - when you didn’t know the answer, you came up with one. So, I meant -- there is something like that. But, you know, with this type of absentee voting, and to gather on with Senator Righter - this is one of the few times I’m going to agree with Senator Righter - you know, confusion is, is if we -- if we have until midnight of the night before the election, does this allow you to gather a lot more votes until -- for the final two weeks to make sure you get your numbers that you need in your precinct and in your district?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Absolutely not, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Well, I just want to conclude with one thing. It’s 7:20 on this night and I know if the other Emil Jones was here, we’d be gone and we’d be taking a ride right now, him and I. But I got to tell you with this Emil Jones here, you’re going to be a future leader of this Senate and I want to give you something back that you need and you will be well deserved of using this. And I got to tell you, you will be filling your father’s shoes 312 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 greatly and it’s great to have you in the Senate with us.
PRESIDING OFFICER: (SENATOR HENDON) Yeah, right. This is his first bill. Come on. Senator Haine.
Mr. President, I really agree. Is this a eulogy or is this your first bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
This is my first bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Well, I really appreciate it. I -- I don’t have a Sammy Davis, Jr., retinue of relatives like Senator Jacobs to tell you about, about serving with your father, grandfather, great-uncle, mother, aunt, but I’m pleased to be here too. And I want to ask you just a few questions. Number one, having to do with the date as was alluded to earlier, I believe, by Senator Righter, the date that this ballot application is executed. I want to know what happens if the voter is on a cruise ship and crosses the international dateline. What is the effect on that ballot when it comes back to the City of Chicago?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Well, as long as that absentee ballot is received by the proper election authority, it will be counted. 313 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Is it -- but it’s postmarked on the ship as it crosses the international dateline. So, are you people -- are you going to count this in Chicago? Is this another effort to increase the vote totals and defeat a downstate candidate?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
If it’s postmarked after the due date, no, it will not be counted.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, if you’re not funny, I’m not coming back to you again. So, Senator Haine.
I -- I want the Senator to define the term “undervote”.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
I didn’t hear you, Senator Haine. Could you repeat that question?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Define the term “undervote”. How it applies to this particular bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones. 314 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
It doesn’t relate to this bill. It doesn’t apply.
PRESIDING OFFICER: (SENATOR HENDON) Senator, did you say define “underweight”? He can’t define underweight, trust me. Senator Haine.
I want -- I want you to define “undervote” as it relates to an absentee ballot, if you’re going to propose an election bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Well, if you don’t vote for all the candidates on the ballot, then I guess you could consider that as a “undervote”.
PRESIDING OFFICER: (SENATOR HENDON) The last question, Senator Haine.
Just to -- to the bill, Senator. Thank you very much for your -- your presence here in the Senate. You will contribute a lot to the Senate. We downstate think “undervotes” are what are voted out of your cemeteries in Chicago. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Lightford.
Senator Jones, what’s the makeup of the election authority?
PRESIDING OFFICER: (SENATOR HENDON) 315 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Jones.
Could you repeat that question again?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Senator Jones, what is the makeup of the election authority?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
That’s a good question, Senator Lightford. It’s made up of judges.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
And perhaps Senator Link, too, for giving you that big gavel, ‘cause we all know yours is a lot smaller than that. Senator…
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
Senator Jones, so, on election day, when all of these votes come in, then what happens?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
I’m really not understanding your question. You say when the election date is, when all these votes are coming in? Could 316 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 you -- could you explain?
PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford.
According to your bill, Senator Jones, it states that something happens on election day. So, according to your first bill that apparently you did not read well, what is -- what happens on the date that precedes election day?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
My bill -- if the ballot is received and it’s postmarked midnight before the election and we receive it within two weeks after the election, it will be counted.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- you done? Senator Lightford, one…
It’s nice to have you, Threemil. I -- I think you’re much handsome more {sic} than your dad. Maybe he looked a little more like you in your old age, but it’s nice to have you sit here and make bad votes like that Present vote you just did. So just welcome to the Senate.
PRESIDING OFFICER: (SENATOR HENDON) On, my God. Senator Raoul. Last speaker.
Question of the sponsor. Senator Trotter had a helmet bill the other day and he turned back and referred to a Senator with a big head. I was uncertain as -- as to whether he was referring to you, your seatmate, or the gentleman behind you. 317 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Who was he referring to?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
I couldn’t hear your question, Senator. Repeat that. I had too many people talking to me over here.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
The question was about Senator Trotter’s helmet bill that referred to the size -- the cranium, the size of your head. I’m not sure whether it was about you or your seatmate or Senator Jacobs. Who was it about?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
It was definitely about Senator Link.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
I -- I’m curious as to whether it was about you, because -- because there may be a chip in your head, and I wondered, is -- is there a chip in your head and that’s what forced you to vote Present on that last bill? Is -- is there a chip in your head?
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
I voted No -- or Present on that last bill, because taxes are already too high in the City of Chicago. 318 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, for the last time.
To the bill, Mr. President. I -- and, you know, I -- I really think that Mr. -- Threemil is playing to the cheers of the crowd. He’s trying to feed frogs to fattened snakes. And I -- I -- I encourage a -- a No vote on this.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones, to close.
Thank you, Mr. President. I urge for a Aye vote, and also I would like to say thank you for the warm welcoming to the Senate. The Godfather is at home watching. Just want you all to know that. But it truly has been a great experience down here. I look forward to the many more years to come and to assume -- to assume my throne up there as Senate President.
PRESIDING OFFICER: (SENATOR HENDON) You’re lucky I’m in the Chair, young man. The question is, shall Senate Bill 1466 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? Vote me red. No. Hendon, No. Have all - I’m not scared of Jones - voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, 1 voting Present. Senate Bill 1466, having received the required constitutional majority, is declared passed. Senate Bill 1477. Senator Noland. Senator Noland seeks leave of the Body to return Senate Bill 1477 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 319 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Bill 1477. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Noland.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President. The amendment becomes the bill. Glad to address that on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, 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?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1477. Mr. Secretary, please read the gentleman’s bill.
Senate Bill 1477. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Mr. President, and aware -- I’m aware that anybody named Emil Jones is a tough act to follow. I just want to remind people of -- the reality that I’ve been suffering 320 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 today, but under no circumstances, whether it’s a computer glitch or it’s claims of uncertainty in committees, or trepidation within my caucus, I will not be pulling this bill from the record. All right. Senate Bill 1477 is just a combination of two measures that have already passed this Body in similar form already. The first is the underlying language of the bill. This version of the bill passed the Senate Executive Committee 12 to nothing on March 6, 2009. The language of the bill, as introduced, would make the TIF extension for Hoffman Estates that was passed earlier this year effective immediately. This legislation is necessary to ensure the TIF is extended before it expires. The second measure this bill addresses is that it extends the deadline under which a local official can purchase property for use as a private residence within a TIF district. This provision…
PRESIDING OFFICER: (SENATOR HENDON) There -- go ahead, Senator, but wrap it up if you could.
This provision was originally included in Senate Bill 826, which also passed the Senate 56 to nothing on January 13th, 2009. That bill is currently awaiting action by the Governor. If the Senate Bill -- if that -- if Senate Bill 826 becomes law, it would -- it would open a window from January 1st, 2010 to December 21st, 2011 for local officials to purchase property for use as a private residence within a TIF district. Senate Bill 1477 has an immediate effective date. If Senate Bill 1477 were to become law, as amended by Floor Amendment No. 1, the window would be relative to the effective date presumably before January 1st, 2010. There are no new policies being created in 321 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 this bill. Everything in this bill has already been approved by this Body in unanimous fashion. I ask for an affirmative roll call. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) Yes, he will. Senator Righter.
Thank you, Mr. President. Senator Noland, we discussed this bill at some length in Executive Committee earlier, and the subject of the discussion, at least from our side of the aisle was, concerned the provision in here that has to do with allowing a city official to buy property within a TIF district that has already been approved. Now I appreciate your statement in committee and I’m sure we’ll hear it again -- I mean, you’ve already stated it here that this language is approved. I probably voted for it. I didn’t know that this provision was in here.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
No.
PRESIDING OFFICER: (SENATOR HENDON) Sorry. Senator Righter.
That was a confession. Now I’m going to ask a question, if I might, Mr. -- Mr. President. Senator Noland, one of the 322 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 questions I asked you in committee was whether or not one of the prohibitions in here, one of the restrictions you’ve got for people who want to buy property within the TIF zone, is that that city official could not have voted on matters related to that specific TIF. And the question I asked you in committee was, does that prohibition apply to before the purchase of the real estate or is that a post-purchase prohibition? And you didn’t know -- you did not know the answer at the time. Do you have that answer for me here now?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
I do not.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Senator, you’ve said that this is for a specific municipal official in -- and I apologize, I don’t remember the name of the municipality. But assuming you know who that individual is and what exactly their circumstance is, can you tell us whether you know whether they have -- they voted to create this TIF district or enhance the TIF district before the purchase of the property? Do you know their individual circumstances?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
I -- I do not. This, however, was brought to me by somebody from the city who was an elected official. But I do not know what you mean by his individual circumstances. But I’m 323 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 going to tell you, I do not know what the nature of the transaction or the terms of the transaction might be.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Okay. Senator -- and I’m about to wind down. Thank you, Mr. President. Senator Noland, just one -- one last question. If you don’t know those circumstances and you don’t know whether the prohibition in the bill to vote on the TIF district applies to pre- or post-purchase, then how do you know this bill is going to accommodate that individual? If the bill is -- prohibits the purchase -- or, a vote on a TIF district before the purchase and they’ve already voted on the TIF district, then this bill won’t help them, because the bill that you’re moving now won’t allow ‘em to purchase that property. And I’m going to stop there, Mr. President. I just think that there’s a good deal of uncertainty here, in exactly what Senator Noland’s trying to do and the circumstances of the individual, who, I -- I suspect in all honesty, he’s trying in -- in good faith to try and help. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Harmon.
Thank you, Mr. President. Senator Noland, in committee, you testified that - and this is in response to Senator 324 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Righter’s point, I believe - the operative provisions of this bill are not, in fact, new, but are similar, if not identical, to a bill that’s sitting on the Governor’s desk right now. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
That’s absolutely correct. The only thing that this bill does is provide for an immediate effective date.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. And -- and accelerating the effective date is required because, when the bill was introduced, it contemplated earlier action than the bill received. When the bill was passed in the Veto Session, the -- the effective date issue became apparent. If the bill that’s sitting on the Governor’s desk were signed into law, the operative provisions would become law, but they would not become law until January 1st of next year, as I understand it. Is that correct, Senator?
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland.
Thank you, Senator Harmon. That, too, is correct. We had always contemplated a cleanup bill, such as this, to correct the problem. That’s right.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, to wrap it up. 325 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Thank you, Mr. President. Just to be -- to be clear for the Members of the Senate, Senator Noland’s bill is not making new law; it is simply accelerating the effective date on a law we have already passed, I believe with bipartisan support. I know that there are questions that have been raised, but those are questions that may have been asked the first time the bill came through. All this does is accelerate the effective date. And I urge its -- Aye votes all around.
PRESIDING OFFICER: (SENATOR HENDON) Senator Noland, to close.
You know, I think we’re all set. I just urge an Aye vote. Thank you very much.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1477 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 44 voting Aye, 12 voting Nay, none voting Present. Senate Bill 1477, having received the required constitutional majority, is declared passed. If the Presiding Officer was not in the Chair, I want the record to reflect that I would have voted Aye on that particular bill. Mike Murphy from the Capitol Fax seeks leave to videotape from the President’s Gallery. Leave is granted? Leave is granted. Now we’re going to Supplemental Calendar No. -- under Postponed Consideration, Supplemental Calendar, which has been distributed, is Senate Bill 1444. I mean, Senate Bill 44. Mr. Secretary, please read the bill. 326 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Senate Bill 44. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) As you know, this is on Postponed Consideration. There’ll be one opponent, one proponent. Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. We are all familiar with this phase-in of the cigarette tax increase, which over a two-year period will provide one billion dollars in combined State and new federal Medicaid resources to pay for hospitals, nursing homes, community-based health care, so that people who live in our communities can know that they have access to quality health care and that major employers in our communities can continue to employ health care -- health care professionals. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall Senate Bill 44 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 30 voting Aye, 26 voting Nay, and none voting Present. Senate Bill 44, having received the required constitutional majority, is declared passed. Moving right along, Ladies and Gentlemen, we’re going to Senate Bill 1481, middle of page 49 on your Calendar, your regular Calendar. Senator Schoenberg, on 1481. Mr. Secretary, read the gentleman’s bill. 327 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Senate Bill 1481. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1481 is an initiative of the Procurement Policy Board that’s designed to clarify the statute that a ten- year limit on a State lease is indeed a ten-year limit on a State lease, so the State can properly manage its property and lease holdings. There were some abuses in the past and this would tighten that loophole. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Brady.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Brady.
Senator, could you elaborate on the abuses of the past?
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank -- thank you, Senator Brady. The -- the statute’s very specific about the length of a lease that we -- the length of a contract that we - and a lease renewal - that we can have. And the reason why we have limits on contracts and lease 328 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 renewals is so that, at a certain point, it’s easier and more cost-efficient for us to actually buy the property. There have been myriad instances that span more than one administration on that abuse since this became law in 1996. And this tightens up that loophole.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Brady.
Can you give me a recent specific? Pretty important legislation. We’d like to know how good a job you’re doing of tightening up the loophole, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Well, Senator Brady, the Procurement Policy Board, which was created in 1995 in legislation, has the power and authority to vet and approve real estate leases. After -- after that bill became law in 1996, they’ve had the opportunity to review hundreds of State leases and they felt since 1996 that they’ve been able to see that there have been questions where Central Management Services perhaps was looking for wiggle room where none existed in State leases. So, therefore, the Procurement Policy Board, the members, all of whom are appointed by the Leaders and the Governor, decided to ask me to sponsor this change in the legislation.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Brady, to the bill, sir.
You can’t cite one example that you’re trying to clean up? 329 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady, asked and answered. Do you have another question, sir? Or do you want to speak to the bill, sir?
It -- it wasn’t answered. I asked him to give me an example.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
One example -- one -- one instance where -- one illustration of this has been there -- some of the public colleges and universities have disputed the extent to which they can enter into contract and lease agreements and that’s why the Procurement Policy Board deliberated this issue and asked us to come forward. This is not for a single instance.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Brady, to the bill, sir, please.
I -- I guess that doesn’t sound like an abuse. It sounds like you’re cleaning something up. I was specific about some abuses. Have there been people who have made too much money off the State because of this loophole?
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady, the Chair has asked you to speak to the bill. Final question and then I’m going to come back to you for -- to the bill. Senator Schoenberg.
What this has done -- there have been cases of abuse, but 330 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 this is also -- without this additional clarity, it’s provided some exposure for both the State, public institutions, and those who enter into those contracts, that they may, in fact, be in violation of those contracts or those leases because of how they interpret the ten-year limitation. This eliminates any ambiguity.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady. Sir. Seeing nothing further, the question is, shall Senate Bill 1481 pass. All those in favor will vote Aye. Opposed will vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1481, having received the required constitutional majority, is declared passed. Senate Bill 1483 -- I’m -- I’m sorry, Senator Dahl, for what purpose do you seek recognition, sir?
I’m sorry. Mr. President, on Senate Bill 44, I hit my red button, No vote. It didn’t register. I’d like to be recorded as a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Record will so reflect on Senate Bill 44 a No vote for Senator Dahl. Senate Bill 1483. Senator Crotty. Mr. Secretary, read the lady’s bill.
Senate Bill 1483. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 331 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Crotty.
Thank you very much. There’s an amendment. Oh, never mind. The amendment is…
PRESIDING OFFICER: (SENATOR HENDON) It’s been amended.
No, there -- hold on.
PRESIDING OFFICER: (SENATOR HENDON) We adopted the…
That’s right.
PRESIDING OFFICER: (SENATOR HENDON) To the bill. Senator Crotty.
Senate Bill -- I’m new. This is my first bill. Senate Bill 1483 now is a shell bill and I’m asking that we send it over to the House so we can continue working with the speech- language pathologists about their use of endoscopes.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1483 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 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1483, having received the required constitutional majority, is declared passed. We have two more pages to go, Ladies and Gentlemen. Senate Bill 1484. Senator Crotty. Mr. Secretary, read the 332 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 lady’s bill.
Senate Bill 1484. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Crotty.
Thank you very much. Senate Bill 1484 passed out of the Consumer Protection Committee and I had said that there would be an amendment that would remove expungement. The amendment is still in Assignments. So I’m asking that this bill go over to the House and that amendment will be put on and brought back to the Senate.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1484 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 1484, having received the required constitutional majority, is declared passed. Senate Bill 1486. Senator Demuzio. Mr. Secretary, read the lady’s bill. Senator Demuzio seeks leave of the Body to return Senate Bill 1486 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1486. Mr. Secretary, are there any amendments approved for consideration?
333 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Floor Amendment No. 1, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, I would like to just discuss this on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question -- all those in favor, vote Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1486. Mr. Secretary, read the bill.
Senate Bill 1486. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, thank you, Mr. President and Members of the Senate. Senate Bill 1486 is just a technical change. It’s making a minor change from the word -- replaces “shall” with “may”.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall Senate Bill 1486 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have 334 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 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. Senate Bill 1486, having received the required constitutional majority, is declared passed. Senate Bill 1488. Senator Martinez. Senator Martinez. Out of the record. Senate Bill 1489. Senator Martinez. Senator -- Senator Martinez seeks leave of the Body to return Senate Bill 1489 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1489. Mr. Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
The amendment becomes the bill and I’ll be happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1489. Mr. Secretary, read the bill.
335 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate Bill 1489. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President and Members of the Senate. Floor Amendment No. 2 creates the Green Infrastructure for Clean Water Act. It requires the IEPA to -- in consultation with DNR, IDOT and other interested parties, to report to the General Assembly and the Governor on storm water, water pollution and green infrastructure. The -- the report also shall make recommendations for storm water management regulatory programs and performance standard. The record -- the report must be filed by June 30th, 2010. I’ll be happy to answer…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1489 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 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1489, having received the required constitutional majority, is declared passed. Senate Bill 1493. Senator Viverito. Mr. Secretary, read the gentleman’s bill.
Senate Bill 1493. (Secretary reads title of bill) 3rd Reading of the bill. 336 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito.
Thank you, Mr. President. The Line of Duty Compensation Act is an important way that we recognize the ultimate sacrifices by -- made by our men and women who serve in the military. Gold Star Family means the family members of an individual killed in the line of duty. Someone will be able to act as an intermediate right away in the Court of Claims and I think it will help a lot of the families that are in stress.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1493 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 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1493, having received the required constitutional majority, is declared passed. Senate Bill 1494. Senator Koehler. Out of the record. Senate Bill -- I mean, 1500. Senator Bond. Out -- Senator Bond? Out of the record. Senate Bill 1501. Senator Bond. Out of the record. Senate Bill 1503. Senator Bond. Out of the record. Senate Bill 1506. Senator Collins. Senator Collins. Out of the record. Senate Bill -- you -- be ready, Ladies and Gentlemen. 1511. Senator Koehler. Mr. Secretary -- Senator Koehler seeks leave of the Body to return Senate Bill 1511 to 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1511. Mr. Secretary, please read the -- have there been 337 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 any -- any Floor amendments approved for consideration?
Yes. Floor Amendment 2, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes, thank you, Mr. President and Members of the Senate. The Floor Amendment 2 deletes the portion of the bill pertaining to the notice to appear and it specifies the residential occupancy permits apply only to new constructed structures.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any other Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1511. Mr. Secretary, read the bill.
Senate Bill 1511. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes -- yes, thank you, Mr. President. Senate Bill 1511 allows county boards to require occupants of industrial 338 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 buildings, commercial buildings or residential dwellings located outside the limits of cities, villages and incorporated towns to obtain an occupancy permit issued by the county. Only one permit per structure is required. This did have some opponents initially, but with the amendment, there were -- there was no opposition. I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Thank you, Mr. President. I just want to make the comment, thank you, Senator, for your hard work on this and -- and making this a better bill that we could support in the committee…
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 1511 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 57 voting Aye, none voting Nay, none voting Present. Senate Bill 1511, having received the required constitutional majority, is declared passed. Senate Bill… Senate Bill 1514. Senator Clayborne. Mr. Secretary, please read the bill.
Senate Bill 1514. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.
Thank you, Mr. President. This bill allows bonds for a 339 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 business district to be issued by both home rule and non-home rule units.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is -- I mean -- I’m sorry. Seeing -- yeah. Seeing -- Senator Dahl.
Thank you, Mr. President. To the bill: Just -- just for the Members’ information, this bill allows a municipality to level a sales tax without a referendum up to one percent, level a hotel tax without using referendum, declare an area blighted, and also allows municipalities to seize land without using eminent domain.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Seeing none, the question is, shall Senate Bill 1514 pass. All those in favor will vote. 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 34 voting Aye, 21 voting Nay, none voting Present. Senate Bill 1514, having received the required constitutional majority, is declared passed. It was my intention to vote Yes on this bill. I am in the Chair. The record will so reflect. But would someone on staff please vote the Presiding Officer? Senate Bill 1526. Senator Brady. Mr. Secretary, please read the gentleman’s bill.
Senate Bill 1526. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 340 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senator Brady.
Thank you, Mr. President. This piece of legislation gives us the statute we need to ensure that we get the federal matching funds for IDNR. Due to the sweeps in the past, we are at risk of losing our resources. Federal government requires this. We’ve worked this language out with the Department.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1526 pass. All those in favor will vote Aye. Opposed, vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1526, having received the required constitutional majority, is declared passed. Senate Bill 1556. Senator Maloney. Mr. Secretary, read the gentleman’s bill.
Senate Bill 1556. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Thank you, Mr. President. This is an initiative of the IHSA. It’s a tort immunity bill, but because -- while -- while there has been progress, the language is not agreed to, so the bill has been shelled. I suspect that the language that will be submitted today will be put on in the House and we’ll come back 341 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 here and all interested parties will agree to it. Be happy…
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall Senate Bill 1556 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 1556, having received the required constitutional majority, declared passed. Senate Bill 1567. Senator Cronin. Senator Cronin. Out of the record. Senate Bill 1578. Senator Wilhelmi. Mr. Secretary, read the gentleman’s bill.
Senate Bill 1578. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Wilhelmi.
Thank you, Mr. President. This is a shell bill. We’re going to continue to work on amendments to the Credit Agreements Act. And I want to make sure that we have the right Floor amendment on the bill.
PRESIDING OFFICER: (SENATOR HENDON) We’re checking now. Is -- do we have Amendment No. 2? Adopted Amendment No. 2 already, sir.
Okay. Thank you. So this is a shell bill. We’ll continue to work on it in the -- in the House. I ask for an Aye vote. 342 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1578 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 54 {sic} (55) voting Aye, none voting Nay, none voting Present. Senate Bill 1578, having received the required constitutional majority, is declared passed. Senate Bill 1580. Senator Demuzio. Out of the record. Senate Bill 1603. Senator Lightford. 1603. Out of the record. Senate Bill 1638. Senator Trotter. Out of the record. Senate Bill 1643. Senator Delgado. Out of the record. Senate Bill 1647. Senator Haine. Mr. Secretary, please read the gentleman’s bill.
Senate Bill 1647. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Mr. President, Ladies and Gentlemen of the Senate, this is a shell bill. It’s an argument between the Farm Credit Services, the Farm Bureau and the rural insurance agents. We shelled it. It’ll go to the House and hopefully we’ll have language…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1647 pass. All those in favor will vote Aye. 343 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 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 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1647, having received the required constitutional majority, is declared passed. Senate Bill 1654. Senator Harmon. Out of the record. Senate Bill 1682. Senator Demuzio. Mr. Secretary, please read the lady’s bill.
Senate Bill 1682. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, thank you, Mr. President. This -- 1682 is a shell bill. It is an initiative of the Comptroller’s Office and it -- it pertains to and we will be working with the Illinois Funeral and {sic} (or) Burial Funds Act and also the Pre-Need Cemetery Sales Act. We’re in the process of -- as many of you know, we have a issue here. And I ask for your vote.
PRESIDING OFFICER: (SENATOR HENDON) Okay. Is there any discussion? There is discussion on a shell bill. Senator Righter.
Well, thank you, Mr. President. Not any shell bill, this shell bill. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will. Senator Righter. 344 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
Senator Demuzio, I read in the Springfield Journal-Register a day or two ago an issue that had to do with cemeteries and the Illinois funeral home directors, I believe. Is this legislation -- is your hope with this legislation to address that issue?
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, sir. That’s exactly right. And that has been -- you are correct, you read the article in the paper. There has been some concern about pre-need burial trust funds and with the funeral directors. The Comptroller’s Office -- we are in the process of making legislation in -- in a shell bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Last question, Mr. President. Thank you. Senator Demuzio, can you give us just a pencil sketch of what you think the Comptroller is trying to get done here?
PRESIDING OFFICER: (SENATOR HENDON) Senator Demuzio.
Yes, sir, I can. I can give you some of the general language. It’s pretty lengthy. It’s about two pages here that they hope to accomplish. If you would care to have me go through all of these, there’s -- it’s pretty long.
PRESIDING OFFICER: (SENATOR HENDON) Tonight. Senator Righter.
345 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 No. I’d like to remain in the Presiding Officer’s good graces, so why don’t you just share a copy with -- that -- when you -- when it’s convenient for you.
PRESIDING OFFICER: (SENATOR HENDON) …you, Senator Righter. Question is, shall Senate Bill 1682 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1682, having received the required constitutional majority, declared passed. Senate Bill 1689. Senator Hunter. Out of the record. Senate Bill 1703. Senator Dillard. Mr. Secretary, please read the gentleman’s bill.
Senate Bill 1703. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Thank you, Mr. President. This is an initiative of the State Medical Society that came from an obstetrician in my district. It was on the Agreed Bill List in committee. It’s noncontroversial and deals with the cremation of a spontaneous fetal demise. I’d be happy to answer any…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1703 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who 346 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1703, having received the required constitutional majority, is declared passed. Senate Bill 1715. Senator Harmon. Out of the record. Senate Bill 1716. Senator Harmon. Out of the record. Senate Bill 1739. Senator Schoenberg. Out -- out -- Mr. Secretary, out -- out of the record. Senate Bill -- 1810. Senator Millner. 1810. Millner. You’re my buddy, that’s why I’m waiting for you. Mr. Secretary, please read the gentleman’s bill.
Senate Bill 1810. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Why, thank you, Mr. President. This amends the Criminal Code to allow consensual video and audio eavesdropping by police in investigating a hostage situation or a barricaded subject. In essence, what it does is you put those cameras in when people are -- I’m sorry. Pull it out of the record.
PRESIDING OFFICER: (SENATOR HENDON) Out of the record. Senate Bill 1815. Senator Righter. Senator Righter, 1815, sir. Out of the record. Senate Bill 1838. Senator Demuzio. Out of the record. Senate Bill 1841. Senator Hultgren. Senator Hultgren seeks leave of the Body to return Senate Bill 1841 to the Order of 2nd Reading for the 347 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1841. Mr. Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Hultgren.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hultgren.
This is the amendment requested by the State Police.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1841. Mr. Secretary, read the bill.
Senate Bill 1841. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hultgren.
This is a bill that was passed out of the Senate last year. Also passed out of the House. Got caught in some of the rulemaking issues. It’s a -- a DNA database bill. Be happy to 348 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 answer any questions. Did work this with the State Police. Got the language in that they had requested.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall Senate Bill 1841 pass. All those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. Senate Bill 1841, having received the required constitutional majority, is declared passed. Senate Bill 1852. Senator Link. Out of the record. Senate Bill -- out of the record. Senate Bill 1855. Senator Schoenberg. Out of the record. Senate Bill 1857. Senator Schoenberg. Out of the record. Senate Bill 1860. Senator Bond. Out of the record. Senate Bill 1865. Senator Raoul. Out of the record. Senate Bill 1874. Senator Kotowski. Out of -- out of the record. Senate Bill 1888. Senator Harmon. Out of the record. Senate Bill 1892. Senator Noland. Out of the record. Senate Bill 1893. Senator Haine. Out of the record. Senate Bill 1923. Senator Garrett. Mr. Secretary, please read the lady’s bill.
Senate Bill 1923. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett.
Yes, thank you very much, Mr. President. What we’re doing 349 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 is making sure that wind farms are defined as high impact business and we are amending the Enterprise Zone Act to make sure that individual wind facilities can be able to get the same type of tax incentives as if they were in an enterprise zone. And that’s pretty much it.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Righter.
Thank you, Mr. President. I simply rise in support of Senate Bill 1923. I know that this legislation got caught up in a little bit of a fury yesterday. This is a good bill. I congratulate the Senator on her work on it and would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. To the bill: Again, last night I had some of the discussion with the Senator. I rise in support. I think we’ve got everything ironed out. It was just a matter of -- of semantics more than anything. Appreciate your work. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 1923 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 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1923, having received the required constitutional majority, is declared passed. Senate Bill 1973. Senator Harmon. Out of 350 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 the record. Senate Bill 1978. Senator Kotowski. Out of the record. Senate Bill 1982. Senator Wilhelmi. Wilhelmi. Out of the record. Out of the record. Senate Bill 1988. Senator Noland. Out of the record. Senate Bill -- on the request of Leader Radogno, we will be skipping all of her bills - shell bills - which takes us to the bottom of page -- Senator Righter, on 2001. Out of the record. 2009. Righter. Out of the record. 2026. Senator Millner. Mr. Secretary, read the gentleman’s bill. We are on page 52.
Senate Bill 2026. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Millner.
Okay, this one’s for real. Amends the Criminal Code to allow consensual video and audio eavesdropping by police investigating a hostage situation or a barricaded subject. What it does is, if you have a hostage situation, they put those little robots in the camera, they’re now able to watch and listen. I ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2026 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, none voting Present. Senate Bill 2026, having 351 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 received the required constitutional majority, is declared passed. Senate Bill 2060. Senator Kotowski. Out of the record. Senate Bill 2072. Out of the record. Senate Bill 2089. Senator Cronin. Out of the record. Senate Bill 2093. Senator Frerichs. Mr. Secretary, read the gentleman’s bill.
Senate Bill 2093. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs.
Mr. President, this bill allows the Community Mental Health Medicaid Trust Fund to retain one hundred percent of the federal financial participation and interest. Would have the impact of significantly increasing the amount of funds available for community-based mental health services.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2093 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 57 voting Aye, none voting Nay, none voting Present. Senate Bill 2093, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go back to Senate Bill 2072. Leader Radogno. Mr. Secretary, 2072. With - - this is on page 52. Please read the -- the Leader’s bill.
352 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Senate Bill 2072. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno.
Thank you, Mr. President. This bill simply amends the Labor Relations Act by including manning levels during the arbitration proceedings for police officers.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2072 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 57 voting Aye, none voting Nay, none {sic} (1) voting Present. Senate Bill 2072, having received the required constitutional majority, is declared passed. 2097. Senator Duffy. I mean -- yeah. Senator Duffy. Mr. Secretary, please read the gentleman’s bill.
Senate Bill 2097. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Duffy.
Thank you, Mr. President. This spring cleaning bill requires a joint committee to submit a report to the General Assembly listing various statutes that are old and outdated and 353 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 could be repealed due to technology changes and duplicate laws. The report is due to the General Assembly on March 20th of 2010.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2097 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. Senate Bill 2097, having received the required constitutional majority, is declared passed. Senate Bill -- 2106. Senator Hunter. Out of the record. Senate Bill 2109. Senator Bond. Mr. Secretary, read the gentleman’s bill.
Senate Bill 2109. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Thank you, Mr. President. This is the Advanced Science Zone {sic} (Zones) Act. I spoke to it yesterday, because the amendment actually becomes the bill. Be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing -- Senator McCarter. SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) 354 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Indicates he’ll yield for a few questions. Senator McCarter. SENATOR McCARTER: Senator Bond, we -- in the two committee meetings where we discussed this, I asked the question whether the definition of the science in detail included embryonic stem cell research. First time, you said you would check on it. Second time, you said you would check on it. Then, yesterday, you came and told me that it did. Or that -- or you still didn’t know. Do -- do you -- do you know whether it includes embryonic stem cell research?
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
I -- I apologize if there’s confusion, but when I did speak with you, I -- I told you that there was nothing in the bill that I could find that would limit a company that would be studying stem cells from qualifying to participate in an enterprise zone. So, I -- I made that clear yesterday that there’s nothing that I could find. I understand your -- your circumstance, but there is -- it -- it’s a framework to attract and retain world-class industry.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. SENATOR McCARTER: So the answer to the question is that it very well could.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
355 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 There is no restrictions right now on what kind of advanced research and development company that -- that we could attract and retain here…
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Lauzen. No? Senator Lauzen.
Thank you, Mr. President. Certainly I appreciate -- I -- I think I voted for every one of these kinds of bills to incentivize and provide jobs. There are many of us who support privately funded, other than embryonic stem cell, research, because we all want cures for diseases. Is there any way that as you go through the rest of this that you could get the entire support of the -- of some of us who do have concerns as it goes through the House?
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
We’ve spent the better part of two years - there’s literally hundreds of hours - with Northern Illinois University, Ros Franklin University, Lake County Partners and folks from DuPage County to really craft a framework that we think can attract and retain world-class investment. And I’d hate to delay the bill any further. I -- I understand your philosophical concern with that. I would just suggest that we embrace this economic development framework and find another mechanism to instill a prohibition of sorts, if that’s what you’re looking for. But let’s not throw this framework out just for that point.
PRESIDING OFFICER: (SENATOR HENDON) 356 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Final speaker. Senator Dillard.
Thank you, Mr. President. Very briefly, I -- I commend the sponsor. There’s a lot of work that was started even before Senator Bond was elected here. This has been worked on through a couple of other administrations. It’s very important. And in this dismal economic news time, there was a report in the Chicago Sun-Times yesterday that Illinois actually added - added - new science and technology jobs, which is a bright spot. And I would urge an Aye vote here. I don’t like embryonic stem cell research to be force-funded by the public. That’s not what this is doing. That’s a very small possibility. But this is a lot - - a lot bigger than that particular concern. And I’d urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond, to close.
Thank you. I -- I really appreciate the questions. I’ll be happy to think about those other mechanisms, if it would be helpful. But I’d like to move this forward and ask everyone for their support.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall Senate Bill 2109 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 47 voting Aye, 8 voting Nay, 1 voting Present. Senate Bill 2109, having received the required constitutional majority, is declared passed. Senate Bill 2126. Senator Viverito. 357 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Viverito. 2126. Do you want it, sir? Mr. Secretary, please read the gentleman’s bill.
Senate Bill 2126. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito.
Yeah, thank you, Mr. President. This particular Consumer Price Index will go to two percent, because, you know, in a year of unprecedented financial news, the bottom dropped out of the CPI, and for the first time in eighteen years, since being used as an indicator for the tax cap purpose, fell ninety-three and a half percent below the previous low of one-tenth of one percent. Basically, what I’m telling you is, for the small park districts, library districts, sanitary districts, township government, all of these entities derive their money from real estate tax. Consequently, they cannot even pay their bills with the surge of the IMRF going up fourteen percent. And I’m asking you, with so many people in small towns with less than five thousand residents, this two percent would certainly help them out. A Yes vote would be very advantageous, especially for us across the State of Illinois. The park districts are for it. The -- the Tax Increment Association is for it. Metro Counties is for it. The…
PRESIDING OFFICER: (SENATOR HENDON) Thank -- thank you, Leader. Okay. There is a 9 o’clock plane and we can make it, if we try. Senator Murphy. 358 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
To the bill, Mr. President. I hold the sponsor in the highest regard, but make no mistake, this is a vote to raise property taxes. People in Cook County are seeing the value of their home go down, their property bill -- tax bill go up. The only possible relief they’ve got in sight is that the CPI is going down and this is going to put a floor in and use every lever possible to raise property taxes. This is -- this is not the direction to go in a State right now where people are crying for property tax relief. This is going to vote to raise property taxes. I understand the Senator’s good intentions. There are -- there are -- there are people who rely on this money in local government and I understand that. But the one group that we need to keep in mind here are those property taxpayers. They’re dying right now and this is going to hurt ‘em even more. I strongly urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Righter, yes, no? Senator Righter, to the bill.
Thank you, Mr. President. To the bill: Ladies and Gentlemen, our friend, Senator Viverito, said that this bill would be advantageous. It would be for the local governments. It will not be for the taxpayers. Let -- let me remind you, that there is a letter that has been circulated around in this Chamber, which thirty or so Members on the Majority side of the aisle have signed, saying that they’re not interested in the Governor’s proposal. And one of the reasons is, it does not provide property tax relief. If you are for property tax 359 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 relief, you cannot be for Senate Bill 2126. If you are serious about listening to the concerns of taxpayers who are concerned about not being able to stay in their homes because of rising property taxes, you cannot be for Senate Bill 2126. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Viverito, to close.
Mr. President, in all due respect to my colleagues that I hold in high esteem, I have a very deep compassion for park districts, for -- for people that are out working, township officials, small people, with five thousand and less. I don’t want to hear this nonsense of two percent. If they got -- or, they got one-tenth of a percent, they would be getting a thousand on a million dollars. They cannot run their operation. And believe me, people need parks, museums and things like that close to home more now than they ever did before. This is not really an increase. This is just to retain local government. And I would appreciate a Yes vote. Thank you very much.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2126 pass. All those in favor will vote Aye. All 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 21 voting Aye, 24 voting Nay, 4 voting Present. Senate Bill 2126, having not received the required constitutional majority, is declared failed. Senate Bill 2149. Senator Harmon. Out of the record. Senate Bill 2159. Senator Radogno. We’re going to -- with -- with -- Senator Radogno 360 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 requests that we pass all of her shell bills. Senate Bill 2162. Senator Bond. 2162. Out of the record. We’re going to skip down to the top of page -- and guess what? This is the final page, folks. Top of page 54. Senate Bill 2020. Senator Lightford. 2020. Lightford. 2220, sorry. Out of -- do you -- 2220. Senator Lightford. Do you want it? Mr. Secretary -- out of the record. Senate Bill 2226. Senator Demuzio. Out of the record. Senate Bill 2248. Senator Lauzen. Senator Lauzen seeks leave of the Body to return -- Senate Bill 2248 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 Senate Bill 2248. Mr. Secretary, are there any amendments approved for consideration?
Senate Bill 2248. (Secretary reads title of bill) I’m sorry. And Floor Amendment No. 1, offered by Senator Lauzen.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you, Mr. President. That was a technical amendment to the bill. If -- with your permission, I’ll discuss it on the 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, vote Aye. Opposed, vote Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration? 361 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2248. Mr. Secretary, read the bill.
Senate Bill 2248. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you, Mr. President. This is a work in progress. The Department of Natural Resources is sending its information necessary and then the Secretary of State’s Office legal department is working on harmonizing the different provisions in the law. I believe that this is going to be ready for more work -- for passage during the Veto Session, and I would ask you to advance it forward…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 2248 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 54 voting Aye, none -- 1 voting Nay, none voting Present. Senate Bill 2248, having received the required constitutional majority, is declared passed. Senate Bill 2257. Senator Raoul. Out of the record. Senate Bill 2285. Senator Harmon. Out of the record. Senate 362 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Bill 2288. Senator Martinez. Out of the record. Senate Bill 2289. Senator Schoenberg. Mr. Secretary, please read the gentleman’s bill.
Senate Bill 2289. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2289 is an initiative of the Attorney General’s Office. It eliminates the Debt Collection Board by -- the Department of Revenue assisted in drafting this bill. They say it contains cleanup language to remove the Board…
PRESIDING OFFICER: (SENATOR HENDON) There any discussion?
…inactive.
PRESIDING OFFICER: (SENATOR HENDON) Seeing none, the question is, shall Senate Bill 2289 pass. All those in favor, vote Aye. Opposed, vote Nay. The -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. Senate Bill 2289, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go back to Senate Bill 1506. And this is my last one. 15… I’m sorry, Senator Trotter, what? 1506. We 363 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 got one more. Senator Collins. Mr. Secretary, please read the lady’s bill.
Senate Bill 1506. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Collins.
Thank you, Mr. President. Basically what the bill does is to provide uniform standards for the establishment and maintenance of external review procedures to assure that covered persons have the opportunity to -- for independent review in the case of an adverse…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1506 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 58 voting Aye, none voting Nay, none voting Present. Senate Bill 1506, having received the required constitutional majority, is declared passed. Mr. President, this brings us to the end, sir. Mr. President, in case you have anything, this brings us to the end. And, Senator Clayborne, on the Order of Resolutions is Senate Joint Resolution 58. Mr. Secretary, please read the resolution.
Senate Joint Resolution 58, offered by Senator Clayborne. (Secretary reads SJR No. 58) 364 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne moves to suspend the rules for immediate adoption of Senate Joint Resolution 58. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted {sic}. Senator Clayborne moves for the adoption of -- adoption of Senate Joint Resolution 58. All those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Messages from the House. Messages from the House, Mr. Secretary.
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: Senate {sic} Bill 75. We’ve received like Messages on House Bills (35), 547, 721, 1204, 2474, 2640, 2644, 3874, 3889, 3964, 4007 {sic} (4047), 152, 170, 264, 271, 594, 789, 793, 870, 1042, 1086, 1793, 2625, 4212, 4251 and 4318. (Bill within parentheses submitted in writing, but inadvertently not read into the record.) All passed the House, April 2nd, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR HENDON) Mr. Secretary, Resolutions Consent Calendar. We’ll -- we will now proceed to the Order of Resolutions Consent Calendar. With the leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any of the resolutions on the 365 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day 4/2/2009 Consent Calendar?
No objections have been filed, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the motion carries. The resolutions are adopted. We’re pausing for a brief second, but have a good vacation while you’re gone and all that good stuff and we’ll see you back all safe and sound soon. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 noon on Tuesday, April 21st, 2009. The Senate stands adjourned. 366