PRESIDING OFFICER: (SENATOR MUÑOZ) The regular Session of the 96th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Rabbi Barry Marks, Temple Israel, Springfield, Illinois. Rabbi.
(Prayer by Rabbi Barry Marks)
PRESIDING OFFICER: (SENATOR MUÑOZ) Thank you, Rabbi. Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR MUÑOZ) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Wednesday, May 27th, 2009.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending the arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Hunter, excuse me, moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions.
1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Senate Resolution 306, offered by Senator Martinez. It is substantive.
PRESIDING OFFICER: (SENATOR MUÑOZ) 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 450, together with the following amendments which is -- which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 and House Amendment 2. Passed the House, as amended, May 27th, 2009. We have received a like Message on Senate Bill 1298, with House Amendment 1. Passed the House, as amended, May 27th, 2009. Mark Mahoney, Clerk of 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 adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 33. Mark Mahoney, Clerk of the House. Offered by Senator McCarter, and adopted by the House, April 22nd, 2009. It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Ladies and Gentlemen of the Senate, we have some announcements. Public Health will be at 9:30 in Room 212. Executive and Revenue will meet later in the day. Members will be notified of the time. State Government and Veterans Affairs has been posted for 10:30 a.m. in Room 409. The Senate will reconvene approximately at noon. And the Senate will be at recess until the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR LIGHTFORD) The Senate will now come to order. Madam Secretary, Committee Reports.
Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Resolutions 179, 236, 237, 252, 254, 255, 261, 273, 291, 296 and 297 Be Adopted; Senate Joint Resolutions 64 and 67 Be Adopted; Senate Joint Resolution 30 Be Adopted, as Amended; House Joint Resolutions 17, 37, 39 and 40 Be Adopted; and Motion to Concur with House Amendments 1 and 2 to Senate Bill 1682 recommended Do Adopt. Senator Delgado, Chairperson of the Committee on Public Health, reports Senate Amendment 3 to House Bill 810 and Motion to Concur with House Amendment 1 to Senate Bill 2256 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Stephen Bourque, WICS-TV ABC, requests permission to shoot video. Leave is granted. The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 members of the Committee on Assignments will please come to the President’s Anteroom immediately. Will the members on Committee on Assignments please come to the President’s Anteroom immediately? Will all other Members at the sound of my voice please come to the Floor for Senate action? Will all Members please come to the Senate Floor? The Senate will stand at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR LIGHTFORD) The Committee on Assignments is ready to meet. Would all members on the Committee on Assignments please come to the President’s Anteroom immediately? If you are a member on the Committee of Assignments and you hear my voice, please come to the President’s Anteroom. If you cannot hear my voice and your assistant does, please notify your Senator to please come to the President’s Anteroom immediately. Thank you. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR LIGHTFORD) The Senate will come to order. Announcements. Committee assignments. At 1:30… Madam Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Referred to the Criminal Law Committee - Motion to Concur with House Amendments 1 and 2 and 5 to Senate Bill 1289, Floor Amendment 1 and Floor Amendment 2 to House Bill 935; 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 refer to the Education Committee - Motion to Concur with House Amendment 1 to Senate Bill 235; refer to the Executive Committee - Floor Amendment 1 and 2 to House Bill 7, Floor Amendment 2 to House Bill 1195, Floor Amendment 2 to House Bill 3718 and Floor Amendment 4 to House Bill 3923; refer to the Revenue Committee - Motion to Concur with House Amendment 1 and 2 to Senate Bill 450. Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Madam Secretary. Now we will have committee assignments. At 1:30, Executive -- okay, how about 1:40, just to make sure we have that full one-hour posting. At 1:40, Executive will meet in Room 212; Revenue will meet in Room 400. That’s at 1:40. At 4 o’clock, Appropriations II will meet in Room 212 and Insurance will meet in Room 400. At 4:15, Human Services will meet in Room 212; Judiciary will meet in Room 400; and Higher Ed will meet in Room 409. That’s at 4:15. At 4:45, Telecommunications and Information Technology will meet in Room 212; Gaming will meet in Room 400. At 5 o’clock, Transportation will meet in Room 400; Education will meet in Room 409. At 5:20, Criminal Law will meet in Room 212; Environment will meet in Room 400; and Local Government will meet in Room 409. And at 5:40, Energy will meet in Room 212; Consumer Protection will meet in Room 409. The Senate will stand at ease. (SENATE STANDS AT EASE)
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Muñoz in the Chair. 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Lightford back in the Chair.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The Senate will come to order. Senator Schoenberg, for what purpose do you rise?
Thank you, Madam President. I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
Madam President and Ladies and Gentlemen of the Illinois Senate, it’s my delight today to introduce you to Brandon and Matthew Mazek of Cary, Illinois. They are constituents of Senator Duffy’s. Brandon is in -- is ten years old. He’s in the fifth grade at Trinity Oaks Christian Academy. His interests include wildlife, animals and sports, especially basketball, though he loves baseball too. His brother, Matthew, who’s eight, his -- he goes to the same school. His interests include football, math, writing -- football, math and writing. One of them is a Cubs fan, Madam President. One is a Sox fan. And I have to admit, I cannot remember which is which. But they’re here today to be my Page and help all the Members of the Illinois Senate. Their parents, Jack and Diane, are in the President’s Gallery with the youngest brother, Zachary. And can we all please give them a warm Illinois Senate greeting? Thank 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 you very much.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Will our guests in the gallery please rise and be welcomed to the Illinois General Assembly? Senator -- Senator Althoff, for what purpose do you rise?
Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
I, too, have an extraordinarily wonderful guest with me today. His name is Matthew Burdick. He attends the Greenbriar School in Northbrook. He’s in fifth grade. He loves collecting model cars. He plays baseball. He’s a swimmer. His Senator is Senator Susan Garrett. And might we welcome him to Springfield as well?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please welcome Matthew to the Illinois General Assembly. Thanks for being here. Senator Rutherford, for what purpose do you rise?
Madam President, thank you. For the purpose of introduction, if I may please.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
Thank you, Madam President. Ladies and Gentlemen of the Senate, if you would please welcome today a special guest that I have, as well, who’s paging with me. His name is Brandon 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Stoller. His father, Dale, is up here in the gallery with us. He is joined as a Page for -- actually received the Page program through the Fairview nursing home - Fairview nursing home out of Fairbury. He just graduated from eighth grade. He’s going to be a freshman. He’s going to be playing football at Prairie Central when he goes back to school. So coming here today, I suggested that this is the best place in Illinois that I know of today to learn how best to butt heads, come out of it standing up and smiling. So, would you please welcome my Page for the Day, Brandon Stoller?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Let’s welcome Senator Rutherford’s Page for the Day to the Illinois General Assembly. Senator Harmon, for what purpose do you rise?
For purposes of an introduction, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.
Thank you, Madam President. I’m -- have the privilege of being joined on the Senate Floor today by George Helding, who lives in Western Springs, but is a junior, finishing his junior year at my alma mater, Saint Ignatius in -- in Chicago. George has been a terrific volunteer in my district office. And many of you may know his uncle, Chris Meister. He’s here with me today on the Floor. I’d ask you to help me welcome George to the -- the Senate.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Let’s welcome Senator Harmon’s guest, George, to the 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Illinois General Assembly. Thanks for being here. Leader Radogno, for what purpose do you rise?
Thank you, Madam President. It is my pleasure today to introduce Juan Rangel, the CEO of the Uno Organization in Chicago - United Neighborhood Organization. And there’s many parents and kids in the gallery. I know they’re all very interested in our support of charter schools. So, want to welcome all of them to Springfield.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Will our guests in the gallery from UNO please rise and be welcomed to the Illinois General Assembly? And, I, too, know that Senators Sandoval and Muñoz and Martinez and Delgado also welcome you here to the Illinois General Assembly. A Senate Calendar -- Supplemental Calendar 1 has been distributed to Members. If you could please refer to the Secretary’s Desk, Resolutions, we will be going to final action. Secretary’s Desk, Resolution. We will be going to final action. If all Members could please come to the Senate Floor. Senator Garrett, for what purpose do you rise?
Thank you, Madam President. For purpose of announcement.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your announcement.
The -- Madam President and Ladies and Gentlemen of the Senate, I move to waive all posting requirements so that Senate Joint Resolution 63 can be heard in the Senate Committee on Environment today at 5:20 p.m. 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senate -- Senator. Senator Garrett moves to waive all posting requirements so that Senate Joint Resolution 63 can be heard in the Senate Committee on Environment today at 5:20. All in favor will say Aye. Opposed, say Nay. Question. Senator Righter.
Thank you, Madam President. We have no objection to the Senator’s motion. I would ask -- and I’ve made a couple inquiries here on behalf of one of our Members. There’s a resolution pending in Assignments - Senate Resolution 249, called Tee it Up for the Troops. It’s a -- that’s a chance or a -- an opportunity to raise some money for our troops overseas. For some reason, we can’t get that out of Assignments. I thought this would be a good opportunity, since we have cooperated with the waiving of posting requirements, Madam President, to raise it to your attention. We’d sure like to see Senate Resolution 249 come out of Assignments before we run out of time here. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator Righter, for your comments. We will look into your matter for tomorrow. You’re welcome. All in favor for Senate Joint Resolution 63, say Aye. Opposed, say Nay. The Ayes have it, and the motion is adopted. Senator Bomke, for what purpose do you rise?
Thank you, Madam President. I also would move to waive the posting requirements so that SJR 62 can be heard in Transportation at 5 p.m. today. 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator Bomke. Senator Bomke moves to waive all posting requirements so that Senate Joint Resolution 62 can be heard in the Senate Committee on Transportation today at 5 p.m. All in favor will say Aye. Opposed, say Nay. The Ayes have it, and the motion is adopted. This is final action. On Supplemental Calendar 1, Senate Resolutions, Senate Resolution 179. Senator Cullerton. President Cullerton, on Senate Resolution 179. Out of the record. Senator Silverstein, on Senate Resolution 236. Senator Silverstein. Out of the record. Senator Raoul, on Senate Resolution 237. Senator Raoul, on Senate Resolution 237. Out of the record. Senator Luechtefeld, on Senate Resolution 252. He indicates that he wish to proceed. Madam Secretary, are there any Floor amendments approved for consideration?
No further -- no amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, please read the resolution.
Senate Resolution 252, offered by Senator Luechtefeld.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Luechtefeld.
Thank you, Madam President. Senate Resolution 252 creates a Mesothelioma Day -- Awareness Day for a disease, obviously, that takes an awful lot of lives in this State and in this country. I would be glad to answer any questions that you might have. 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Resolution 252 pass. All those in favor will say {sic} Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Senate Resolution 252, having received the required constitutional majority, is declared adopted. Now on the order of Senate Resolution 254, Senator Koehler. Senator Koehler, on Senate Resolution 254. Out of the record. Leader Radogno, on Senate Resolution 255. She indicates she wish to proceed. Madam Secretary, please read the resolution.
Senate Resolution 255, offered by Senator Radogno.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Radogno.
Thank you, Madam President, Members of the Chamber. Senate Resolution No. 255 declares October 2nd as World MRSA Day. That is during World MRSA Month, and the purpose is to call attention to this epidemic. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Resolution 255 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? Please take the record. On that question, there are 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Resolution 255, 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 having received the required constitutional majority, is declared adopted. Senate Resolution 261. Senator Hunter. Senator Hunter indicates she wish to proceed. Madam Secretary, please read the resolution.
Senate Resolution 261, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.
Thank you, Madam President. This resolution urges the U.S. Environmental Protection Agency to work with lamp manufacturers, retailers, utilities, state and local governments to expand the opportunities to recycle spent compact fluorescent lamps generated by households and consumers. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Resolution 261 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, 0 voting Nay, 0 voting Present. Senate Resolution 261, having received the required constitutional majority, is declared adopted. Senate Resolution 273. Senator Holmes. Out of the record. Senate Resolution 291. Senator Hunter. Senator Hunter indicates she wish to proceed. Madam Secretary, please read the resolution.
Senate Resolution 291, offered by Senator Hunter. 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.
Thank you, Madam President. Senate Resolution 291, in recognition of the achievements of members of the Phi Beta Sigma Fraternity, Incorporated and Zeta Phi Beta Sorority, Incorporated, and the values for which they strive, proclaims Wednesday, May 20th, 2009, as the Second Annual Phi Beta Sigma and Zeta Phi Beta Day in the State of Illinois.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Discussion? Senator Radogno, discussion on this resolution? Is there any discussion? Seeing none, the question is, shall Senate Resolution 291 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Resolution 291, having received the required constitutional majority, is declared adopted. Senator Brady, on Senate Resolution 296. Senator Brady. He indicates he wish to proceed. Madam Secretary, please read the resolution.
Senate Resolution 296, offered by Senator Brady.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Brady.
Thank you, Madam President. The resolution simply makes the month of August Solheim Cup Month in the State of Illinois. For those of you who don’t know, Rich Harvest Farms was recently 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 awarded the opportunity to host the Solheim Cup, which is the women’s version of the Ryder Cup.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Resolution 296 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Resolution 296, having received the required constitutional majority, is declared adopted. Senator Harmon, on Senate Resolution 297. He indicates he wish to proceed. Madam Secretary, please read the resolution.
Senate Resolution 297, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Resolution 297 calls for a cost study on the costs associated with the capital punishment system in Illinois. Senator Delgado had filed a resolution calling for the abolition of the death penalty that was predicated on cost studies done in other states. It occurred to some of us that it would be important for Illinois to have its own cost study to compare the cost of capital punishment to the cost of putting someone in prison for life without parole. This resolution would direct the Illinois Criminal Justice Information Authority to conduct such a study. And I’d ask for its adoption.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Is there any discussion? Seeing none, the question is, shall Senate Resolution 297 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 Resolution 297, having received the required constitutional majority, is declared adopted. Senator Steans, on Senate Joint Resolution 30. She indicates she wish to proceed. Madam Secretary, please read the resolution.
Senate Joint Resolution 30, offered by Senator Steans. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.
Yes, Senate Joint Resolution 30 requires the Department of Human Services, their Division of Developmental Disabilities, to develop a seven-year plan with yearly benchmarks to enhance and expand access to quality community services and supports for people with disabilities. And it also requires that resources get applied consistently with the new study and an annual report produced for the General Assembly and the Governor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor… Senator Maloney, discussion on the -- 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 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the resolution, Senator Steans.
Sorry. The same -- really same as the amendment, ‘cause the amendment did delete and replace all.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Joint Resolution 30 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 Joint Resolution 30, having received the required constitutional majority, is declared adopted. Senator Maloney, for what purpose do you rise?
For the purpose of an announcement, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your announcement.
The Higher Education Committee has no business before it today, so we will not be meeting. It was announced that we will be meeting. Higher Ed will not meet today. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you. Higher Ed will not be meeting - a part of the previous announcements that I made. Higher Ed will not be 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 meeting. Senator Luechtefeld, on Senate Joint Resolution 64. He indicates he wish to proceed. Madam Secretary, please read the resolution.
Senate Joint Resolution 64, offered by Senator Luechtefeld.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Luechtefeld.
Thank you, Madam President. Senate Joint Resolution 64 changes the name of a -- of a -- of a pond in southern Illinois to -- almost to -- a -- a -- person who worked for Natural Resources for an awful lot of years, kind of legendary with the -- with the duck hunters in southern Illinois - to the James “Gene” Korando Pond.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Joint Resolution 64 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Joint Resolution 64, having received the required constitutional majority, is declared adopted. Senator John Jones, for what purpose do you rise?
Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) State your point, Senator.
18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 I rise to -- I move to waive the posting requirements so that House Joint Resolution 2 can be heard in Transportation Committee today at 5 p.m.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Senator Jones moves to waive all posting requirements so that House Joint Resolution 2 can be heard in the Senate Committee on Transportation today at 5 p.m. All in favor will say Aye. Opposed, say Nay. The Ayes have it, and the motion is adopted. Now on the order of Senate Joint Resolution 67. Senator Hunter. Senator Hunter indicates she wish to proceed. Madam Secretary, please read the resolution.
Senate Joint Resolution 67, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.
Thank you, Madam President. Senate Joint Resolution creates the Illinois Great Migration Centennial Commission to plan for the Great Migration Centennial to be commemorated and celebrated from January to December 2016. And the Great Migration is a long-term movement of African Americans from the South to urban North.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Are there any questions? Any discussion? Seeing none, the question is, shall Senate Joint Resolution 67 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 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Present. Senate Joint Resolution 67, having received the required constitutional majority, is declared adopted. Now on the order of House Joint Resolution 17. Senator Brady. Senator Brady. He indicates he wish to proceed. Madam Secretary, please read the resolution.
House Joint Resolution 17, offered by Senator Brady.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Brady.
Thank you, Madam President. House Joint Resolution 17 simply urges the United States Congress, and specifically the Illinois delegation, to fund Alzheimer’s research at the federal level.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Very good. Any discussion? Seeing none, the question is, shall House Joint Resolution 17 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. House Joint Resolution 17, having received the required constitutional majority, is declared adopted. Senator Demuzio, on House Joint Resolution 37. She indicates she wish to proceed. Madam Secretary, please read the resolution.
House Joint Resolution 37, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Demuzio. 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
Yes, thank you, Madam President. House Joint Resolution 37 honors the Hemophilia Foundation of Illinois and recognizes the month of March as Hemophilia Awareness Month. House Joint Resolution 37 applauds and honors the Hemophilia Foundation of Illinois for its sixty years of dedicated, outstanding service to the Illinois bleeding disorder community. The resolution also recognizes the month of March as Hemophilia Awareness Month in the State of Illinois.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Joint Resolution 37 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 59 voting Aye, 0 voting Nay, 0 voting Present. House Joint Resolution 37, having received the required constitutional majority, is declared adopted. House Joint Resolution 39. Senator John Jones. He indicates he wish to proceed. Madam Secretary, please read the resolution.
House Joint Resolution 39, offered by Senator John Jones.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator John Jones.
Thank you, Madam President. House Joint Resolution 39 creates a eleven-member task force to study the leaking underground storage task -- tank situation that we have in the State of Illinois. We all know that that’s been a problem of 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 trying to pay the vendors that -- that’s cleaning up these sites. I’ve been working with the Governor’s Office and Representative Tom Holbrook over in the House, and -- and we think this -- this is probably the best way to go. And hopefully we’ll have a piece of legislation by November to try to address this problem permanently. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Joint Resolution 39 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. House Joint Resolution 39, having received the required constitutional majority, is declared adopted. Now on the order of House Joint Resolution 40. Senator Emil Jones. He indicates he wish to proceed. Madam Secretary, please read the resolution.
House Joint Resolution 40, offered by Senator Emil Jones.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Emil Jones.
Thank you, Madam President. House Joint Resolution 40 creates the Illinois Legislative Task Force on Workplace Bullying. The mission of the Task Force is to examine the prevalence of {sic} (and) impact of workforce bullying in the Illinois private sector. The Task Force will report back its findings to the Illinois General Assembly before December 1st, 2010. 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Joint Resolution 40 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. House Joint Resolution 40, having received the required constitutional majority, is declared adopted. Senator McCarter, for what purpose do you rise? SENATOR McCARTER: A point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point. SENATOR McCARTER: I’d like to recognize friends of ours - my wife and I - Fred and Tammy Woller from Rock Island. And my wife is up here in the gallery with them. Ask them to please stand.
PRESIDING OFFICER: (SENATOR LIGHTFORD) …McCarter has guests from Rock Island. If you could please stand and be recognized by the Illinois General Assembly. Welcome. With leave of the Body, we will return to Senate Resolution 236. Senator Silverstein. He indicates he wish to proceed. Madam Secretary, please read the resolution.
Senate Resolution 236, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Silverstein.
23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Thank you, Madam President. On August {sic} (April) 20th, 2009, at the United Nations World Conference against Racism, the President of Iran made the following remarks regarding the State of Israel, calling it a “cruel and repressive racist regime”. The resolution condemns those disparaging remarks and also urges citizens and governments to condemn those remarks as well.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Resolution 236 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 59 voting Aye, 0 voting Nay, 0 voting Present. Senate Resolution 236, having received the required constitutional majority, is declared adopted. Charles Thomas, WLS-TV Chicago, requests permission to videotape. Leave is granted. The Senate will stand in recess to the call of the Chair. After committee meetings, the Senate will reconvene to receive committee reports and for further Floor action. The Senate will stand in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HENDON) Will all Members of -- the Senate will come in -- in Session -- come to Session -- come to order. Will all Members under the sound of my voice please come to the Senate Floor? Senator Hendon in the Chair. We’re going to pick up the pace. Madam Secretary, Messages. 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
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 314, together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 3. Passed the House, as amended, May 28th, 2009. We have received like Messages on Senate Bill 807, with House Amendment 1; Senate Bill 1483, with House Amendments 1, 2, 3 and 4; Senate Bill 1511, with House Amendment 1; Senate Bill 1556, with House Amendment 1; Senate Bill 1739, with House Amendment 1; Senate Bill 1783 with House Amendment 1 and 3; Senate Bill 1906, with House Amendment 3; Senate Bill 1918, with House Amendments 1, 2 and 3; Senate Bill 1919, with House Amendment 1 and 2; Senate Bill 1925 with House Amendment 1; and Senate Bill 2115, with House Amendment 1. All passed the House, as amended, May 28th, 2009. Mark Mahoney, Clerk of the House. Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of their amendment to a bill of the following title, to wit: House Bill 793. Which amendment is as follows: Senate Amendment 1. 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 We have received a like Message on House Bill 809, with Senate Amendment 2. Non-concurred in by the House, May 28th, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? The Senate is now in Session. We’re about to go to substantial Senate action. This will be final action. This is the big bill of the night. You want to get your debate in. I recommend you come to the Senate Floor, because we -- it is quarter to 7. So we need all Members to come to the Senate Floor so we can go to final action on this significant Senate business. Will all administrative assistants please contact your esteemed Senator and let them know that we are back on the Senate Floor and going to significant Senate action? And this is final action. Wonderful. Senators are coming to the Senate Floor. Why don’t you join us? All Members of the Senate, please come to the Senate Floor. We’re about to go to significant Senate -- business and this is final action. Madam Secretary, Committee Reports.
Senator Viverito, Chairperson of the Committee on Revenue, reports House Bill 4046 Do Pass, as Amended; and Motions to Concur with House Amendment 1 and 2 to Senate Bill 450, House Amendment 1 to Senate Bill 1553, House Amendment 1 and 2 to Senate Bill 1750 recommended Do Adopt. Senator Silverstein, Chairperson of the Committee on Executive, reports House Bill 3923 Do Pass, as Amended; Senate Amendment 1 and 2 to House Bill 7, Senate Amendments 1 and 2 to 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 House Bill 88, Senate Amendment 2 to House Bill 1195, Senate Amendment 2 to House Bill 1345, Senate Amendment 2 to House Bill 3718, and Motions to Concur with House Amendment 1 to Senate Bill 138, House Amendments 1 and 2 to Senate Bill 189, House Amendment 1 to Senate Bill 1296, House Amendment 1 and 2 to Senate Bill 1333, and House Amendment 1 to Senate Bill 1477 recommended Do Adopt. Senator Haine, Chairperson of the Committee on Insurance, reports Senate Amendment 3 to House Bill 2325 and Motion to Concur with House Amendment 1, 2 and 3 to Senate Bill 2091 recommended Do Adopt. Senator Sullivan, Chairperson of the Committee on Appropriations II, reports Senate Amendment 1 to House Bill 314 recommended Do Adopt. Senator Hunter, Chairperson of the Committee on Human Services, reports Motion to Concur with House Amendment 1 to Senate Bill 275 and House Amendment 1, 2 and 5 to Senate Bill 1905 recommended Do Adopt. Senator Wilhelmi, Chairperson of the Committee on Judiciary, reports Motion to Concur with House Amendment 1 to Senate Bill 1285, House Amendment 1 to Senate Bill 1335, and House Amendments 1 and 2 to Senate Bill 2112 recommended Do Adopt. Senator Link, Chairperson of the Committee on Gaming, reports Motion to Concur with House Amendment 1 to Senate Bill 1576 recommended Do Adopt. Senator Meeks, Chairperson of the Committee on Education, reports Motions to Concur with House Amendment 1 to Senate Bill 235, House Amendments 1 and 2 to Senate Bill 1293, and House 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Amendment 1 to Senate Bill 1926 recommended Do Adopt. Senator Sandoval, Chairperson of the Committee on Transportation, reports Senate Joint Resolution 62 Be Adopted; House Joint Resolution 2 Be Adopted; and Motion to Concur with House Amendment 1 to Senate Bill 2217 recommended Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports Senate Amendment 2 to House Bill 935, Senate Amendment 2 to House Bill 1105, and Motion to Concur with House Amendments 1, 2 and 5 to Senate Bill 1289 recommended Do Adopt. Senator Garrett, Chairperson of the Committee on Environment, reports Senate Joint Resolution 63 Be Adopted; Senate Amendment 1 to House Bill 402, Senate Amendment 2 to House Bill 3987, and Motion to Concur with House Amendment 1 to Senate Bill 2103 recommended Do Adopt. Senator Koehler, Chairperson of the Committee on Local Government, reports Senate Amendment 1 to Senate Bill 2190 and Senate Amendment 2 to House Bill 3986 recommended Do Adopt.
PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? We are about to go to 3rd Readings right now. Right now, turn to page 45 of your Calendar. We’re looking for -- these are the approp bills. Page 45 of your Calendar. We need all Members under the sound of my voice. We’re going to go -- the first one is going to be 1180, Senator Sullivan. Will be the first bill that we’re going to go to, which is Bill 1180. Madam Secretary, please read the bill.
Senate Bill 1180. (Secretary reads title of bill) 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President and Members of the Senate. 1180, as well as 1181, 82, 83 and 84, which we’ll be getting to shortly, are all shell bills - simply vehicle bills for -- for the budget and appropriation process.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Murphy.
To -- to the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy.
I’d just like to alert the Members on our side of the aisle, these are budget bills. We have not seen a budget package. We don’t have a comprehensive solution to this problem. We don’t know what the intention is with these bills. And we certainly don’t know the details. Until we’ve got that level of information, I would urge a No vote on these shell bills on our side of the aisle and, frankly, on the other side of the aisle. Let’s see -- let’s see an actual budget that’s put together that balances and doesn’t raise taxes - which we can do, by the way, and should - before we start passing these bills. I urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall Senate Bill 1180 pass. All those in favor will vote Aye. 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 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 37 voting Aye, 21 voting Nay, none voting Nay {sic}. Senate Bill 1180, having received the required constitutional majority, is declared passed. Senate Bill 1181. Senator Sullivan. Madam Secretary, read the bill.
Senate Bill 1181. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. And as I mentioned earlier on the previous bill, this is a vehicle bill. And this is -- again, we’re just trying to get bills into position so that we can -- when we reach an agreement, why, we can move forward.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall Senate Bill 1181 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 36 voting Aye, 23 voting Nay, none voting Present. Senate Bill 1181, having received the required constitutional majority, is declared passed. Senate Bill 1182. Senator Sullivan. Madam Secretary, please read the gentleman’s bill.
30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Senate Bill 1182. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. This is another vehicle bill.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall Senate Bill 1182 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 37 voting Aye, 22 voting Nay, none voting Present. Senate Bill 1182, having received the required constitutional majority, is declared passed. Senate Bill 1183. Senator Sullivan. Madam Secretary, please read the bill.
Senate Bill 1183. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank -- thank you, Mr. President. This is another vehicle appropriation bill.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? Seeing none, the question is, shall Senate Bill 1183 pass. All those in favor, vote Aye. Opposed, 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 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 37 voting Aye, 22 voting Nay, none voting Present. Senate Bill 1183, having received the required constitutional majority, is declared passed. Senate Bill 1184. Senator Sullivan. Madam Secretary, read the bill.
Senate Bill 1184. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. This is another vehicle appropriation bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1184 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 37 voting Aye, 22 voting Nay, none voting Present. Senate Bill 1184, having received the required constitutional majority, is declared passed. Senate Bill 1185. Senator Sullivan. Madam Secretary, read the bill.
Senate Bill 1185. (Secretary reads title of bill) 3rd Reading of the bill. 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. This is another shell appropriation bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1185 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 37 voting Aye, -- 22 voting Nay, none voting Present. Senate Bill 1185, having received the required constitutional majority, is declared passed. Senate Bill 1211. Senator Trotter, on -- we want to go to 1211? Senator Sullivan, on Senate Bill 1211. Madam Secretary, read the bill.
Senate Bill 1211. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. This is another vehicle appropriation bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1211 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 22 voting Nay, none voting Present. Senate Bill 1211, having received the required constitutional majority, is declared passed. Senate Bill 1212. Senator Sullivan. Madam Secretary, read the bill.
Senate Bill 1212. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. This is a vehicle shell bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1212 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 37 voting Aye, 22 voting Nay, none voting Present. Senate Bill 1212, having received the required constitutional majority, declared passed. Senate Bill 1213. Senator Sullivan. Madam Secretary, read the bill.
Senate Bill 1213. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Senator Sullivan.
Thank you, Mr. President. Senate Bill 1213 is a vehicle shell bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1213 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 37 voting Aye, 21 voting Nay, none voting Present. Senate Bill 1213, having received the required constitutional majority, declared passed. Senate Bill 1214. Senator Sullivan. Madam Secretary, read the bill.
Senate Bill 1214. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. This is a shell vehicle appropriation bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1214 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 36 voting Aye, 22 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 voting Nay, 1 voting Present. Senate Bill 1214, having received the required constitutional majority, is declared passed. Senate Bill 1215. Senator Sullivan. Madam Secretary, read the bill.
Senate Bill 1215. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. This is a shell vehicle bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1215 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 36 voting Aye, 22 voting Nay, none voting Present. Senate Bill 1215, having received the required constitutional majority, is declared passed. Senate Bill 1216. Madam Secretary, read the bill.
Senate Bill 1216. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Sullivan.
Thank you, Mr. President. This is, I believe, the last 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 vehicle shell bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, Senate Bill 1216 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 37 voting Aye, 22 voting Nay, none voting Present. Senate Bill 1216, having received the required constitutional majority, is declared passed. Senator Meeks, on Senate Bill 750. This is 2nd Reading. Page 2 of your Calendar. Senate Bill 750. Madam Secretary, read the bill.
Senate Bill 750. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) Have there been any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Meeks.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks, on Amendment No. 2.
I’m going to table the amendment. Just move the bill to 3rd.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? All in favor… All in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Meeks.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks, on Amendment No. 2, did you want to table Amendment No. 2? I’m sorry, sir.
Yes, I’m moving the bill to 3rd and I tabled the amendment.
PRESIDING OFFICER: (SENATOR HENDON) We’ll table Amendment No. 2. Senator Meeks motions to table Amendment No. 2. Is there any discussion? All in -- this just tabling No. 2. All in favor… Back on Amendment No. 2. Senator Meeks moves to table Amendment No. 2. Is there any discussion? Seeing none, Amendment No. 2 is tabled. Have there been any further Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Meeks.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks, on Amendment No. 3.
I’d like to table Amendment No. 3.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks moves to table Amendment No. 3. Is there any discussion? Seeing none, all in favor, say Aye. Opposed, say Nay. The Ayes have it, and Amendment No. 3 is tabled. Have there been any further Floor amendments approved for consideration?
38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Senator Burzynski, I believe, for what purpose do you seek recognition, my friend?
It’s -- it’s just wonderful to be here in the early evening dew, you know, and -- and we have this camaraderie and talk about bills that are important to the State of Illinois. And, in fact, there’s a big one coming up and the Senate Republicans would request a -- a caucus immediately in Senator Radogno’s Office, please, sir.
PRESIDING OFFICER: (SENATOR HENDON) A caucus is always in order, especially in Leader Radogno’s Office. Senator, I will give you twenty minutes. Is that sufficient?
Half -- half hour.
PRESIDING OFFICER: (SENATOR HENDON) Twenty-five minutes. We will return at…
Forty-five minutes.
PRESIDING OFFICER: (SENATOR HENDON) …7:25. The Senate stands in recess until the hour of 7:25. Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Will all Senators under the 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 sound of my voice please come to the Senate Floor? Will all Senators under the sound of my voice please come to the Senate Floor? It is now 7:35, ten minutes after Republican Caucus. Will all Members under the sound of my voice please come to the Senate Floor? We are going to substantial, significant Senate action immediately. Will all administrative assistants please let your esteemed Senator know that we are on the Senate Floor and going to substantial Senate action immediately? Will all Senators under the sound of my voice please come to the Senate Floor? Will all Senators under the sound of my voice please come to the Senate Floor? Will all Senators under the sound of my voice please come to the Senate Floor immediately? Will all Senators come to the Senate Floor? We’re about to begin right now. We’re going to go to the sponsors’ bills. This is final action, 3rd Reading. Supplemental Calendar No. 2, which has been distributed, we’re about to go to that. Senate Bill 189. Sponsor being President Cullerton. We’re going to 189 on the matter of Concurrences. Senator Raoul, on 189. Senator Raoul, on motions of concurrence is Senate Bill 189. Senator Kwame Raoul. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 189. Signed by Senator Raoul.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
PRESIDING OFFICER: (SENATOR HENDON) Excuse me, Senator Raoul, let me get a little order. The Chair needs order and the Chair would appreciate succinct descriptions of your bills and questions and discussion. Senator Raoul.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 189 is part of the reform package that both the Senate Chamber and the House Chamber has been working together to put forth. This is a very important bill that creates transparency in government and gives folks access to public records. This, I -- this is a bill, I should note, that is -- is supported by all of the advocates, including the Reform Commission, Illinois Campaign for Political Reform. It creates a presumption of transparency that all records are public and confirms that if a body -- a public Body asserts an exemption from disclosure, it has a burden of proving that that record is except by clear and convincing evidence. Includes a -- a process for FOIA requests. It shortens the times for public bodies to respond to FOIA requests from seven days to five, and puts forth significant consequences for failing to respond to FOIA requests. It also establishes a -- a -- sort of a partnership with the Attorney General’s Office by creating a Public Access Counselor within the Attorney General’s Office to help people obtain public information from the executive agencies of State and local governments.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Harmon. Oh, by the -- just a moment. Terrence James from the Chicago Tribune seeks 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 leave to take photographs. Leave is granted? Leave is granted. Senator Harmon.
Thank you, Mr. President. Will the sponsor yield for some questions for the purpose of legislative intent?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will. Senator Harmon.
Thank you. Senator, there -- there have been many court decisions that have defined the scope of FOIA, and we do not intend to overturn or otherwise interfere with these decisions, as I understand it. So, for the purposes of legislative intent, I want to state that the focus of FOIA is upon access to records and documents. FOIA does not compel a public body to provide answers to questions posed by a requester or an inquirer. FOIA is not designed to compel the compilation of data that a public body does not ordinarily keep. So, Senator, let me ask you this, does this bill in any way affect the deliberative process exemption that currently exists in Section 7(1)(f)?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
No. After considerable discussion and negotiation, our legislative intent is not to change, alter, modify or amend the deliberative process exemption as it currently exists in Section 7(1)(f) of the Freedom of -- of Information…
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 There have been several judicial decisions that interpret the scope and applicability of the deliberative process exemption, such as Harwood against McDonough, a First District Appellate Court case. Is it your intent that any of the changes in this bill should affect the decision in Harwood against McDonough?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
It’s not. No, it is not. For the purposes of legislative intent, nothing in this bill is intended to change, alter, modify or amend or deviate from Harwood versus McDonough. The bill is not intended to require the disclosure of predecisional material used by a -- a public body in its deliberative process.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. As a matter of public policy, the deliberative process exemption contained in Section 7(1)(f) will continue to exempt from disclosure predecisional materials used by a public body in its deliberative process. Correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Yes. The deliberative process exemption is still intended to protect the communications process and encourage frank and open discussions among agency employees for a final -- before a final decision is made. That -- the exemption also…(microphone cutoff)…to discussions between government agencies and outside 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 individuals whose analyses and recommendations played essentially the same part in the agency’s process of deliberation as documents prepared by agency personnel might have done.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, are you -- Senator Harmon.
Thank you.
PRESIDING OFFICER: (SENATOR HENDON) …Harmon, are you done? Senator…
No, I’m -- I’m not done, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Under current law, the Freedom of Information Act only applies to public bodies. Actions may only be maintained against public bodies and not individual persons, such as city council members and legislators. This issue was also clearly decided in the 1991 case of Quinn against Stone in the First Appellate District. Does this amendment change current law or the Quinn versus Stone decision?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
No. Under this amendment, a public body is still responsible for complying with a FOIA request. This amendment does not change the definition of a pubic body to include individual persons, such as aldermen, legislators, or other 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 public officials and employees. Nothing in this amendment is intended to change the Quinn versus Stone decision.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, if you -- Senator Harmon.
Thank -- thank you, Mr. President. My last question, Senator. Earlier this month, the Illinois Supreme Court held in Stern against Wheaton-Warrenville School District that a school superintendent’s employment contract, even if contained in a personnel file, must be disclosed under FOIA because it relates to the superintendent’s public duties. Is there anything in this amendment that would change that result?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
No. The language of the amendment clarifies that other than unique identifying information, such as social security numbers, records in the personnel file may be withheld only if public -- the public body determines that their release would result in a clearly unwarranted invasion of -- personal privacy. Further, the amendment incorporates the constitutional requirement that all records relating to the obligation or use of public records are subject to disclosure.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield. Senator Righter. 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
Thank you. Senator Raoul, as you, I think, are aware, there have been a couple court decisions with regards to time sheets that State employees are required to keep and whether or not those can be discovered by Freedom of Information Act requests. Would this bill overturn those decisions?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
No. Notwithstanding what was represented in committee by the Attorney General’s Office, this bill would not so overturn the -- the -- that decision. It would be -- time sheets would be considered an -- an unwarranted invasion of personal privacy.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
So, what you’re saying -- I mean, the testimony we heard from Ms.… Thank you -- thank you, Mr. President. The testimony we heard from Ms. Spillane in the Senate Executive Committee was that her view was that the time sheets would not by themselves - per se is the phrase she used - be an unwarranted invasion of -- of personal privacy. You’re saying, as the sponsor of the bill, it is your intent that that would be the case, that they would be an unwarranted invasion of personal privacy. Is that right?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Yes, that’s my intent.
PRESIDING OFFICER: (SENATOR HENDON) 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Senator Righter.
Thank you, Mr. President. I want to stay on that issue for a second, Senator Raoul, with regards to what is or what is not an unwarranted invasion of personal privacy. As you know, right now, our Freedom of Information Act statute kind of lists out things that are exempt from a Freedom of Information Act request, such as - the easy one is - an individual’s personal income tax return. Would that, under your -- in your view, be something that would be -- fall under that exception of an unwarranted invasion of personal privacy?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
I believe a tax return under the Revenue statutes is -- is already not subject to disclosure. But in short answer to your question, yes, I wouldn’t -- notwithstanding it already not being subject to disclosure, I -- I -- I -- I would say that -- that that would be unwarranted.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you, Mr. President, for your indulgence. The last issue I want to raise, Senator Raoul, is something that we talked about in committee, and that has to do with -- you know, you and I represent districts that are a little bit different. And one of the issues in my district has to do with the fact that you have a lot of local government -- local government offices that, in terms of staffing, are very, very thin. They 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 might have one individual; they might have two, maybe three. This bill that you’re carrying does place additional mandates on local governments with regards to this rewrite. Can you give me some measure of comfort level - and I would suggest for other Members who represent districts like mine - that this is not going to be so onerous a burden on these local governments that they can’t -- that they don’t comply - not because they don’t want to, but because they’re simply unable to.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
Yeah, as -- as indicated in committee, there’ll be access to training and all they -- a new hire would not have to be made, but a designation of somebody who could be trained to respond to such -- to -- to such requests. And -- and, in addition, there -- there will be a Public Access Counselor in the Attorney General’s Office. And, finally, also, there’s an opportunity, if the parties are communicating to one another, for an -- an agreed-upon extension of time for something that would be onerous upon a smaller local government agency.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall the Senate -- I’m sorry, Senator Risinger. You’re kind of late there. But, Senator Risinger.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He’ll yield for a question. Senator Risinger.
48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Senator, I -- I wasn’t in committee and didn’t hear the -- the testimony. But as I look at engineering drawings and those kind of things, I’m assuming that engineering drawings that are in the process are not subject to FOIA. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.
That’s correct. Those would be exempt.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, does the Senate concur on House Amendment -- oh, I’m sorry, Senator Raoul, to close.
Just one brief -- brief statement. There was a question raised with regards to juvenile court records. The -- the -- the bill itself speaks to arrests pursuant to -- to the Juvenile Court Act. There’s nothing intended in this bill to make juvenile -- any juvenile court records FOIAable.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1 and No. 2 to Senate Bill 189. 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, 1 voting Nay, none voting Present. Senate Bill 189, having received the required constitutional majority, is declared passed. The Senate does concur in House Amendments No. 1 to Senate Bill 189. The bill is declared passed. Senate Bill -- Amendments 1 and 2. Senate Bill 1333. Senator Dillard, 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 for what purpose do you seek recognition, sir?
Thank you. Since we appear to be on the order of ethics -- since we appear to be on the order of ethics this evening, pursuant to Senate Rule 7-9, I would move that the Senate Committee on Assignments be discharged from further consideration of Floor Amendment No. 2 to Senate Bill 350 and that Floor Amendment No. 2 to Senate Bill 350 be approved for consideration.
PRESIDING OFFICER: (SENATOR HENDON) Have you put that motion in writing, sir?
No, sir. But on Senate Bill 350, I do have a motion in writing on Floor Amendment No. 1. But if we’re going to be on this order of business, and I thought the Senate President had promised if we were going to shoot down the Collins Commission recommendations that we were going to run through the recommendations one by one out here on the full Floor.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard, we’re going to take these one at a time, if you would indulge with me, sir. On - I’m coming right back to you, Senator Dillard - on the -- your motions to discharge, the -- number one, did you file a letter on No. 1, sir? On your old motion to discharge? Is it in writing? That’s what I asked. Senator Dillard.
Just made it orally and I’d request a roll call.
PRESIDING OFFICER: (SENATOR HENDON) Pursuant to Senate Rule 7-4, as Presiding Officer, I ask 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 that you put it in writing, sir. Senator Dillard.
I would move to overrule the Chair, and I’d like a roll call.
PRESIDING OFFICER: (SENATOR HENDON) There -- there’s no ruling that’s been made for you to overrule the Chair. Senator Murphy. Senator Murphy.
I’d ask to move Senator Dillard’s oral motion, and I’d ask for a roll call on that motion. He made an oral motion. Your ruling was that the motion was denied because it was oral and you requested that it be made in writing. So the oral motion was denied. Your ruling was to deny the motion. I’d -- I would move to overrule your ruling and I would ask for a roll call vote.
PRESIDING OFFICER: (SENATOR HENDON) There’s nothing for you to move to overrule because I didn’t make any ruling. Senate Bill 1333. Oh, on No. 2, Senator Dillard. Senator Dillard.
Mr. President…
PRESIDING OFFICER: (SENATOR HENDON) You had a second one, Senator Dillard.
You cited rule and you made a ruling.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard, I’m not going to continue to go over this. I did not make a ruling. I intend to move forward. Would you like to discuss your second motion or not, sir? Senator 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Dillard.
I’d just like a roll call on it, so that we can all deliberate…
PRESIDING OFFICER: (SENATOR HENDON) There -- there’s nothing for you to get a roll call on, Senator Dillard. Senator Righter.
You know, Mr. President, one of the things that I love about serving with you is that every once in a while you show those flashes of independence that say, you know what, even if - - even if a caucus is in the minority, they deserve the right to get up, represent their constituents, and everyone has to follow the rules. Now, with all due respect, Mr. President, you made a ruling, you cited the rulebook and you made a ruling that the motion had to be placed in writing. We can run through the transcripts if you’d like, Mr. President, but there is no denying that you made a ruling. Senator Dillard has asked for a roll call on a motion to overrule the Chair. Mr. President…
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard.
Mr. President, let’s not…
PRESIDING OFFICER: (SENATOR HENDON) I mean, Senator Righter, you know what? You’re absolutely right. Every now and then I have those flashes of independence and you just gave me one. So, Senator Dillard, I’m going to come to you, sir. You can make your motion. Senator Dillard.
52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Thank you. Again, just like before, pursuant to Rule 7-9, I move that the Senate Committee on Assignments be discharged from further consideration of Senate Floor Amendment No. 2 to Senate Bill 350 and that Senate Floor Amendment No. 2 to Senate Bill 350 be approved for consideration.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dillard, we’re on your -- your -- you -- Senator Dillard made a motion to overrule the Chair -- the Chair’s decision that the motion must be in writing. The question is, shall the ruling of the Chair be sustained. Vote an Aye to sustain the ruling. Vote No to overturn the ruling. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that motion, there are 37 voting Aye, 22 voting Nay. The -- the decision of the Chair is sustained. We’ll now -- Leader Radogno, for what purpose do you seek recognition?
Thank you, Mr. President. I wish to make a motion. Pursuant to Senate Rule 7-9, I move the Senate Committee on Assignments discharge for further -- be - let me try again - the Committee on Assignments be discharged from further consideration of Senate Floor Amendment 3 to House Bill 7 and Senate Floor Amendment 3 to House Bill 7 be approved for consideration.
PRESIDING OFFICER: (SENATOR HENDON) Pursuant to Rule 7-4, we’re going to refer -- refer this motion to the Committee on Assignments. Senate Bill 1333. Senator -- Leader Radogno, for what purpose do you seek recognition? 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
I wish to appeal the ruling of the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Senator Radogno moves to appeal the ruling of the Chair.
And with a roll call.
PRESIDING OFFICER: (SENATOR HENDON) All those -- the question is, shall the ruling of the Chair be sustained. Vote Aye to sustain the ruling. Vote No -- Nay to overrule the ruling -- to overturn the ruling. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 Ayes, 22 Nays. Having failed to receive the necessary three-fifths negative votes, the -- the appeal fails and the ruling of the Chair is sustained. Senate Bill… 1333 is out of the record. Will all Members under the sound of my voice please come to the Senate Floor? Would all legislative assistants please send your Senator to the Senate Floor? We’re going to continue on substantial Senate action. We’re going to House Bills 3rd Reading. House Bill 7. Page 54 of your Calendar. Madam Secretary, read the bill. We -- okay, Senator Harmon is now the sponsor of the bill. Senator Harmon seeks leave to return House Bill 7 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 House Bill 7. Madam Secretary, have there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 becomes the bill. I look forward to a lengthy and robust debate on 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? 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?
Floor Amendment 2, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, on Amendment No. 2.
Thank you. Floor Amendment 2 amends the bill to create a Public Financing of Judicial Elections Task Force to study the public financing of judicial elections.
PRESIDING OFFICER: (SENATOR HENDON) There any discussion? 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 House Bill 7. Madam Secretary, read the bill.
55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 House Bill 7. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 7, like so many products of the legislative process, is a good but imperfect bill. There have been many drafts over the last several weeks and I want to thank our staff and the staff on the other side and across the building for all of their work on this. There are many elements of this bill, a reform bill, that can be justifiably criticized, as reform bills are especially open to criticism, and I’m sure that we will hear some criticism here on the Floor tonight. But there is much good and, frankly, this product is a remarkably unlikely product. I did not expect the Senate to be entertaining a bill on campaign contribution limits and limits on transfers. As recently as two weeks ago, I predicted that would not be possible. Before getting into the specifics of the bill, I do want to thank Governor Quinn and Patrick Collins and the members of the Reform Commission for their diligent work and sacrifice. We would not have this road map for the measures we’re considering today without their work. The Collins Commission recommended in the area of campaign finance reform some significant additions to our -- our -- our statutes. Among them were additional disclosure of campaign financing information, limits on campaign contributions, the disclosure of independent expenditures, and enhanced State Board of Elections enforcement, 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 as well as a judicial elections public financing program that is contained in the amendment offered by Senator Raoul. The measure before us today includes, for the first time, limits on contributions from individuals, entities and labor unions to our political committees, as well as transfers among political committees. The committees that each of us maintain for our own reelections are subject to a limit of five-thousand-dollar contributions from natural persons per year, ten thousand from corporations, labor organizations and associations. The multi- candidate committees, the committees organized by the caucuses or local committees organized to elect a slate of school board members, are subject to limits of ten thousand dollars from natural persons, twenty thousand from entities. Non-candidate committees, those committees that organize around a common interest or -- or a business concern, face similar limits. All committees are treated the same way. They can raise money in amounts of ten thousand dollars a year from natural persons or twenty thousand from entities. Transfers among political committees are limited to ninety thousand dollars, which sounds like an awful lot of money, but when you consider how much it costs to run a contested race for the State Senate or the State House, it’s -- can be a relatively small part of the total bill. We’ve also created a new sort of committee, a constituent service committee. Many of us, for one reason or another, either because we’re in the Chicago metropolitan area and need to -- to pay folks and pay high rents or we’re in other parts of the State where we have large districts and need to maintain three or four district offices, routinely supplement our meager State allowances with our campaign funds. If we’re going to 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 limit our campaign funds, then we need to make sure we still have access to the money we need to provide top-flight constituent services. So, there’s a -- a new committee permitted. We may not have more than one of those and there’s a limit on the contributions at five thousand dollars from any source. But it should maintain our ability to provide constituent services. We also have a limit -- a constitutional millionaires’ amendment. This is a concern for many of our Members who might face a millionaire coming into a race and dropping a hundred, two hundred, five hundred thousand dollars in a race for office. There’s been a millionaires’ amendment in the federal level which has been declared unconstitutional. We have a better model that will protect that competitive imbalance. We limit the number of committees to -- to make sure there’s not an unnecessary proliferation of committees. None of us can maintain more than a single committee for our own reelections. No one can maintain more than one multi-candidate committee. There have been suggestions that multi-candidate committees be limited to the Leaders. I think that’s unfair, democratically. If there’s a rogue group of legislators that wants to band together to fight the Leader, they should have the ability to form together as a multi-candidate committee.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, just for your edification and everyone else’s, the timer is on. And it’s a bipartisan timer by the way. Democrats and Republicans will be treated the same. And the Chair is not going to allow anyone to move the previous question. Senator Harmon.
58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Thank you, Mr. President. I -- I’m through the -- the big part. Let me wrap up with some other pieces. We’ve enhanced the reporting requirements. Today we report on a semiannual basis. We’ll be reporting quarterly going forward. We extend the current A-1 period, the period before an election when we report larger contributions, from thirty days to sixty days. And we -- we add a new period during the month of May when we’re doing the brunt of our legislative work so that the public can see whether we’re getting contributions that might be viewed as tied to our behavior on the Floor in the Senate or -- or in this building. We’re also requiring the Governor to submit A-1s in the ninety days following Session, when he or she are dealing with the -- the -- the legislation on their desk for signature. We are, for the first time, meaningfully regulating independent expenditures, when folks from in-state or out-of-state come in and try to influence elections with large expenditures. We are adding additional enforcement tools to the State Board of Elections. We’re requiring open hearings for determinations of compliance with campaign disclosure limitations. We’re giving the State Board the authority to audit a committee if it does not file two consecutive quarterly reports. And we’re giving the State Board additional tools to implement ballot forfeiture for those candidates who owe unpaid fines. Finally, the last piece, Mr. President, we are prohibiting the Democratic Party of Illinois from endorsing candidates for office or making contributions or expenditures in connection with the election of a clearly identified candidate in a primary election. I’m looking forward to your…
PRESIDING OFFICER: (SENATOR HENDON) 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 There any discussion? Senator Murphy.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) …bill, sir.
This is -- this should be renamed the “Leadership Empowerment Protection Act”. What this does is take a Capitol that is far too beholden to the hands of a few and make all of the rest of us, all of the rest of the people’s elected officials, even more beholden to those powerful few. The loopholes in this bill are all written for and on behalf of the Leaders. This is a cynical ploy to convince the people of this State that real change has come to this Capitol. Rest assured with this bill it has not. This is a sad example of State government living down to the people’s worst expectations of us. It is not a good start. It is a dramatic step in the wrong direction. It’s not too late to demand real reform before May 31st. This couldn’t be further from real reform. Please vote No.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Risinger.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Risinger.
Senator Harmon, I agree that there’s way too much money 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 spent on elections right now. And -- and one of the things that the Governor had suggested was that we move the primary to September. I had a bill to move it to June. It was put in subcommittee. There’s some others that have entered bills along those lines. Is there anything in this that refers to moving the primary back so elections aren’t so long and drawn out and so -- so that we reduce the amount of money spent on these elections?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. There’s not and -- and for good reason. Delaying the primary election to September may very well increase the cost of elections. A -- a long period between the primary and the general gives a candidate without much money the time to go door to door and wear out some shoe leather. If the primary winner is not determined until September, you’re going to be forced to use more expensive means of communication - TV, mail or radio. And I think it would have unintended consequences of raising the price of -- of campaigns.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger.
Senator Harmon, I hope you don’t mind that I disagree with you. I think the shortening of the elections would extremely cut down on the amount of money that we spend on elections. And I don’t think this does anything to take advantage of that.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Schoenberg. 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I want to extend my thanks to Senator Harmon for taking exceedingly high thresholds that were originally introduced in Senate Bill 1548 for ten-thousand-dollar contributions in a calendar year and whittling that down to establish more accountable and far superior parameters on individual campaign contributions. Some of the earlier statements that were made, I -- I think are mischaracterizations of the good-faith efforts that have been made for a number of years by Senator Harmon and others who have been committed to changing business models of bad behavior that were created long before the immediate past Governor and his administration. Senator Harmon deserves a great deal of credit for taking a ten-thousand-dollar individual cap on campaign contributions, which was not only introduced into legislation, but which was heralded in the media throughout the State as being a responsible step forwards towards -- towards taking the money out of campaigns. Mr. President and Ladies and Gentlemen of the Senate, the influence -- I -- I first started out as being ambivalent on campaign contribution caps. I thought it was a suppression of the rights of individuals to have their First Amendment freedoms fully expressed. I was ambivalent about it, but I -- I have seen through this process - and it hasn’t been a -- an easy one for Senator Harmon - how he has taken ten-thousand-dollar limits that were introduced as being the gold standard of what should be reform in this State and he has brought it down to an -- an amount which is far more manageable, far more accountable, far more transparent, and ultimately far more effective. I think 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 that he has done a very skillful and deft job at negotiating and navigating a very difficult process, where, arguably, those who should have raced to be alongside him from the other side of the aisle have instead chosen to condemn his work as being inadequate. These business models of bad behavior, whether it’s in campaign contributions, contracts, leases, abuse of pension funds, abuse -- abuse of investments, these models didn’t first mushroom in the first -- in the past administration. These business models were time-tested during earlier Republican administrations. So, we need to work…
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, if you could wrap it up, sir. Senator Schoenberg.
Thank you, Mr. President. These business models which we all should work together in a bipartisan fashion to support, instead the other side of the aisle is seeking a partisan divide to cynically take a higher threshold of ten thousand dollars and forget that that didn’t -- idea didn’t even exist. I urge an Aye vote on House Bill…
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Duffy.
Question for the sponsor, please, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Duffy.
You know, this -- this bill’s moving kind of fast. So, if -- if you could tell me, who are the opponents on this bill? 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
That’s -- that’s a good question, Senator Duffy. And I’ll tell you, it’s -- it’s hard for me to describe folks as proponents or opponents. I think there is disappointment among members of the Reform Committee that we did not do more. But I don’t -- I don’t know whether that means they’re really opposed or whether they are simply disappointed that this process is designed to find its level at the point of lowest common agreement. I’ve never sat in a committee where folks who are opposed to the bill testified and said this is the largest step forward in recent history, that this is a very good start. That’s the kind of opposition we seem to be facing.
PRESIDING OFFICER: (SENATOR HENDON) Senator Duffy.
Can you tell me who filed slips in committee to -- as far as proponents and opponents?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
The Governor’s Office spoke in favor of it. In fact, the Governor himself appeared in the Senate Executive Committee and -- and spoke in favor. The Attorney General filed a slip in favor of it. Anton Valukas, on behalf of the CHANGE Illinois coalition, spoke and raised four issues that he thought we could improve in the bill. Patrick Collins, the Chairman of the -- the Reform Commission, spoke and raised nine issues that he 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 thought we could improve, but characterized the bill as a very good start. And at the invitation of Senator Righter, Cindi Canary spoke and said she, too, thought we could move on the four areas that Mr. Valukas had added. But she -- she said that this was the single-largest step forward in ethics laws in Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Duffy.
But -- to the bill, Mr. President. In the short amount of time I’ve had to research this bill and after everything the State of Illinois has been through, being the laughing stock of the United States of America, you know, I find this bill to be purely window dressing, to be more of a farce to make it look like we’re trying to reform when that’s actually what we’re not doing. The only two people that I can see that are proponents of this bill are the Governor and Lisa Madigan. The people against this bill is every good government group in the State of Illinois, along with the Chairman of the Commission, Pat Collins, who was appointed by the Governor. He is also opposed to this. So, to everyone on this side and on both sides of the aisle, for the State of Illinois, I encourage a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Steans.
You know, I -- I, too, want to commend the sponsor on -- on the work he has done on this bill. This has been a struggle. As he said, two weeks ago he never thought we would be here, and I certainly share in -- in that sentiment. And -- and I want to 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 do a real thank you to the Illinois Reform Commission and Patrick Collins and the CHANGE Illinois groups, because I think without the spotlight they’ve been shining on this, we wouldn’t be here, taking this, what I think really is, historic action. Now, I have -- you know, I -- I -- I empathize with some of the concerns that I’ve heard Patrick Collins express, and others, on the process. You know, I haven’t been here that long. This is my first full Session. It’s an overwhelming process and democracy is messy. And -- and in that process, you don’t get everything you want, you know. But I -- I don’t want the perfection here to be the enemy of the good. And I -- I personally struggled with this. I, myself, had a campaign finance bill in that modeled the federal -- the federal limits. And, you know, I personally would like to go that way. But, I think that when you get into the details, as I have, and then really looking more closely at what the other states do, the devil’s in the details and this is not a black-and-white issue. It’s very much of a gray issue. There’s not one way to do this. I think what we’re doing today is putting a real historic structure into place that we can continue to work on and improve down the road. Earlier today, another thing that I heard Patrick Collins say in his press conference was that it’s a journey, not a destination. And I certainly, for one, very much commit to joining in that journey and really improving on this going forward. But I urge an Aye vote. I think we got to get this in place so that we can really start having some real limits and some real meaningful campaign finance reform in place in Illinois. And I would certainly want to work on improving it down the road. But certainly very much encourage an Aye vote. 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 And really I’m very thankful to the sponsor and all of his work on this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
…Mr. President. One of the previous sponsors -- or speakers mentioned that he thought we were the laughing stock of the country. Illinois has lived through a bipartisan period of rampant corruption in the Executive Branch - Democrats and Republicans. A governor indicted. The governor before that convicted. And in the committee today, Patrick Collins reminded us of the MSI scandal that tainted Governor Edgar’s administration. The Executive Branch has been a -- a -- a cauldron of corruption. And we’re focusing all of our energy on reforming the Legislature. Which legislator has been indicted or convicted or removed from office? Who among us is corrupt? When have we been -- been -- when have we been held accountable for the actions of the Executive Branch? Now, Illinois was ranked by the Better Government Association in 2008 as eleventh in the country by our ethics laws, up from forty-one in 2002. Apparently, the action we took last year with pay-to-play had a difference. When Democrats had a bad actor in the Governor’s Office, we took care of it. We impeached and removed Governor Blagojevich from office. I’d ask you all what you did.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
Thank you, Mr. President. To the bill, and I -- and I want to commend you for -- for listening to me in committee a while 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 ago. I should have made one other statement. When I said that I hoped that we didn’t move the previous question, I forgot about the timer. But I’ll abide by the timer tonight, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones, you’re such a fine gentleman. You aren’t even on the timer. Senator Jones.
Thank -- thank you very much. To the bill: And -- and it’s appropriate that -- that Senator Harmon just mentioned what he did, because, first off, I want to -- I want to commend the Governor. You know, the Governor came into the committee, but we would not have been in that committee if the Governor had not formed the -- the Reform Commission with Mr. Collins and all the other members of it. So I want to commend him for that. But I’m very disappointed that he didn’t live up to what he said he would do with the -- Reform Commission and that was abide by what they -- they thought was the best thing to do for the State of Illinois. Whenever he came in and he -- and -- and the Attorney General, Lisa Madigan, were the only two that slipped this bill that were proponents of it. As I said, you know, without the Governor forming the -- the Commission, we wouldn’t be here today. Senator Harmon, you mentioned the -- the previous Governor that we impeached. And, quite frankly, let’s face the facts. If he had not been arrested, we would have never impeached him. You know that and I know that. Once he was arrested, oh, my goodness, we got to get to Springfield and take care of this. You know, I can look around and I see people in this building that endorsed him in 2006 for President. We 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 didn’t impeach him about what he did in 2006 or 2007. We impeached him for what he did back when he first got into office. This is not the right bill. As -- as Mr. Collins said numerous times in committee today, yes, it is a good start. But he also said he would stay here all night and all the way through to Sunday night at midnight to help you redo this bill and make it a great bill that we could all support. So I stand in opposition of it and I’d strongly urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Jacobs.
Thank you, Mr. President. You know, we allow people in this State to burn the flag. We allow people in this State to buy pornography. We allow people to abort unwanted children. But we won’t allow them to spend what they want on a campaign. I can’t imagine spending money on anything more important than democracy. Political contributions, whether they’re ten thousand and one dollars or nine thousand ninety-nine, are a mode of free speech. And they are just as worthy as protecting nude dancing or lawsuits, my friend. I don’t believe the amount of money a person gives should exclude them from personally and publicly expressing their free opinion. You do not have the right to implant these restrictive controls on what a citizen can say or cannot say and how loud or how quietly they choose to say it. I refuse to turn over my permission to the government to tell me what I can and can’t do. America spent -- in 2004, we spent three billion dollars on all campaigns. In the same year, we spent more money on SNICKERS®, Prada shoes and makeup. In my humble opinion, the only thing campaign spending limits 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 are going to do is shut down the political discourse. I urge freedom-loving Americans to vote No. And I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. And you have one minute and thirty seconds left. Senator Dillard -- I mean, Senator Jacobs.
I would just like to ask directly: Is there anything in this bill that prohibits people being an outside interest? Perhaps they might be a lawyer, be writing laws, and then come to the Legislature and pass laws. Is there anything in this bill that prohibits outside jobs where people may have conflicts? Maybe their in the tax business, maybe their in another business. Is there anything that precludes anyone from doing anything other than giving money?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. This bill is exclusively in relation to campaign finance.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Dillard.
Thank you, Mr. President. This afternoon, we heard from four United States attorneys - two Republicans and two Democrats - who said we have got to suck the money out of our tainted campaign system here or corruption will continue to flourish. That was their message. Just today, another Chicago alderman was indicted by the United States Attorney in Chicago. The 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 problem with this bill is there are loopholes big enough to fly a 747 through. There’s no real time disclosure that would’ve let us know of the Pat Quinn fifteen-thousand-dollar club from last week. There’s no real limits on the Legislative Leaders’ transfers, who now dominate the funding process in control of the Legislature. Illinois campaign finance is really so out of control and is so tainted it literally leads, according to these United States attorneys, to corruption case after corruption case. The current practices in Illinois fundraising and our spending leads to the public’s alienation and suspicion of Illinois government - and it’s never been so low and we need to fix it. You know, when the people in the press find out that this legislation doesn’t shut off the special interest money or the political bosses’ money, they’re going to come looking for you, just like the mob did for Frankenstein’s monster. We have a few days left before we adjourn and we ought to pass a real campaign finance bill and real ethics reforms rather than this.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Rutherford.
Mr. President, thank you. And to the bill: I would note that earlier today that there were two proponents. Sorry. Governor Quinn was there and Attorney General Madigan had filed a slip in favor of it. But when Tony Valukas came in, as -- as was noted by Senator Dillard -- Tony Valukas perhaps was one of the more aggressive and respected United States attorneys in Northern District since we got Pat Fitzgerald. And he represented other United States attorneys who suggested this is not a bill unto which he supports. He made it very clear that 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 they are opposed to it. Pat Collins made it very clear of the opposition. But I think the -- thing that I find most interesting, that there are only two proponents and every single reform group in the entire State of Illinois that has been involved in this process has filed witness slips in opposition. I would note that our caucus leadership accounts, if this were to become law, would be restricted in their cash contributions, but it would be unlimited in the amount of in-kind contributions they could make. I see this as a continuation of an incumbency protection program. I think the idea that the constituency services committees was even thought of to be created is without a doubt an incumbency protection program. Senator Harmon, I would suggest to you that to call a meager district allowance of eighty-three thousand and sixty-three dollars as something that we cannot live within our means on is somewhat insulting to a small business person who is out there today finding a tough time to try to make ends meet. To suggest that that kind of money for an incumbent to use for constituent service, i.e. protection, is meager and so we have to create another fund continues to show that the power of incumbency carries its benefit. Because then you, too, will have another political account that you can receive money in to use for purposes throughout your district. We can fix this and that’s the part that probably concerns me most. There may be some good things in this bill. But it is something that all of the good government groups have opposed. And we can fix it. Amendments have been drafted. They’re prepared. We could file them in a one-hour posting notice fix-it. I would like to quote from Patrick Collins on what he’s repeatedly said today. He said, 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 “Ladies and Gentlemen, we could do better.”
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Raoul.
You know, if nobody’s noticed, in the last few days, I’ve been a little irritated. And, you know, I’m irritated because of the hypocrisy in this Chamber. You know, we’re talking about, oh, well, the Reform Commission, you know, because they recommended something, it’s golden. Well, Reform Commission recommended something inconsistent with what the Leader from that side of the Chamber put into legislation. It recommended the federal limits, not the ten-thousand-dollar limit. Well, the Reform Commission recommended a limit on transferring funds from multi-candidate committees at an amount far less than the in excess of a million dollars that was transferred from one multi-party fund from -- on that side of the aisle to another multi-party fund. Hypocrisy. Don’t just start putting your arm around somebody and saying, oh, they’re right about all this, when just a few months ago you were doing something inconsistent with what they were recommending. I’m irritated ‘cause people are being hypocrites. We had one Member from that side of the aisle just -- we adopted some legislation that they put forth, the CLEAR Commission legislation, that was inconsistent with how you voted on the Reform Commission’s proposals just last week, because they cast a political vote on the Reform Commission’s proposal. I spent a lot of time talking to Patrick Collins and we had some good conversations. And I had one simple questions about the -- question about the federal limits. Have the federal limits eliminated corruption in Washington? Has the 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 federal limits eliminated the influence of special interest in Washington? Have the federal limits created more competition for Congressional races or U.S. Senate races? Do, as a result of the federal limits -- you know, we have very limited diversity in the U.S. Senate, because it’s predominately wealthy people who could spend as much as they want pursuant to Supreme Court decisions. Have the federal limits caused a situation that Congressmen have to spend most of their time fundraising? Is that what we want? We want to model our State after what the feds do? That’s nonsense. I commend the sponsor for being reasonable. And I commend the sponsor for accepting my amendment with regards to Supreme Court campaign finance. Did I want something more ambitious than that? Did I want to go into public financing for Supreme Court races? Yes. Yes, because -- not because of reform…
PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, would you -- could you wrap it up, sir? Your time is up. Senator Raoul.
Not because the Reform Commission recommended it. No. I introduced legislation last General Assembly and I -- partnered with somebody from the other side. I introduced legislation the General Assembly before that, not because the Reform Commission came forth and said I should do this. So don’t start talking about the Reform Commission and start putting your arm around ‘em when they’re -- when you -- you’ve done things inconsistent with what they’ve recommended within the last few months. That’s hypocrisy and I’m tired of it.
PRESIDING OFFICER: (SENATOR HENDON) 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Further discussion? Senator Brady.
Thank you, Mr. President. I have a couple questions of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He will yield. Senator Brady.
Senator Harmon, dealing with two areas, one the Legislature and one the Governor’s Office. As you aptly put, we did remove Governor Blagojevich from office. He was arrested. And -- and although I do hope all the Members of this General Assembly stand above what we’re talking about here, there’s no question that, in the past, he had practices of selling access for very large sums of money. And just last week, we were made aware that Governor Quinn kept a page from that playbook and was asking people for contributions of fifteen thousand dollars, along with a meeting with the Governor. Do you think that’s appropriate?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
I don’t know enough about the facts surrounding that. I certainly don’t believe selling access to -- to your time is appropriate. But I don’t know enough about the facts surrounding that case.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
If the facts were as I’ve stated, would that be 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 appropriate, Senator? Or would it be ethical? Would it be right?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
I’m sorry, could you restate the facts that you stated?
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
Governor Quinn was accused and admitted last week that his fundraiser was asking people if they’d like to meet with him and, along with that, asking them to make a fifteen-thousand- dollar contribution. He admitted to that. If that case is true, do you agree that that’s ethical or right or should continue in the State of Illinois?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. Again, Senator, I -- I don’t know the details of that. It’s certainly not appropriate to try to sell access to your office. It may be appropriate to ask someone to host a fundraiser for you. I think we’ve all done that.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady.
Senator, to the point: Last week, Governor Quinn did do this. He admitted it was wrong. You should admit it as well. The fact of the matter is, this may not allow a fifteen- 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 thousand-dollar request, but it does allow a ten-thousand-dollar request while we’re here doing the people’s work. That’s wrong. That’s an error in this legislation. Earlier you talked about the Legislature. Senator, do you have limits on what Leaders can transfer? Why do you have limits on that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
We have limited transfers among all political committees, primarily because of the drumbeat that that was somehow a corrupting influence. I -- I don’t believe that it -- it is, but we’re dealing with the appearance that government is for sale and under the influence of money. So we’re combating that appearance by making meaningful caps on contributions and limits on transfers.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady, could you bring your remarks to a close or wrap it up with the final question, sir? Senator Brady.
Senator, I would suggest, if that’s what you want to do, this legislation is a fraud on the people of Illinois. The fact of the matter is, the way you’ve drafted this, the Speaker of the House or the President of the Senate, who sits behind you, can control up to five or ten funds in various ways. Yes, there’s absolute ways he could do it - committee work, legislative work, other ways - being the head of your State party. Senator, you have allowed for Senator Cullerton or Representative Madigan, in this case, to control several hundred thousands of dollars. I severely suggest that your legislation 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 is flawed if you want to get rid of the perception. You will see transfers controlled by one individual in the next election cycle after this takes effect that will go beyond ninety thousand dollars. You and I know it. It’ll be over five hundred thousand dollars and we’ll see the same old business as usual. This legislation is flawed. And if that’s your intent, Senator, that is a fraud on the people of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Harmon, to respond briefly. Senator Harmon.
Thank you -- thank you, Mr. President. Our proposal would limit each of the Legislative Leaders and, in fact, each of us to one candidate committee controlled by us for our office in the General Assembly and one multi-candidate committee. The Collins Commission would limit us to one committee for our reelection and limit the multi-candidates to only the Leaders. So that if a group of us wanted to ban together and fight a Leader, we couldn’t do that. It disproportionally benefits the Leaders. Senator Radogno’s bill, 1548, limits us to one candidate committee per -- per office and one additional committee only for the Legislative Leaders. Senator Righter’s bill, 2063, limits us to one committee per -- per candidate per office and one additional committee only for the Legislative Leaders. How is this bill different from those bills? It’s not. It’s the same issue.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Garrett.
78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Thank you -- thank you, Mr. President. I did go to the Executive Committee today and listen to the testimony from both sides and listened to the debate on the bill. And I -- I have to, I guess, put this in perspective, because one of the things that kept coming up was that our friends on the other side of the aisle were left out of the process. So, as I remember this process, it began, you know, maybe four weeks, six weeks ago when the Republicans filed the bill which was the framework for campaign finance reform. That bill had limits of ten thousand dollars - we are now talking five thousand dollars; we’ve cut that in half - and unlimited numbers and amounts of transfers. So, to the sponsor of the bill, who has done an excellent job in negotiating this, could I ask you to take us through a -- a brief time line on how this process worked?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President. And -- and briefly, just -- I -- that’s a good question and -- and some context would be important. When I was asked if I could try to negotiate a -- a bill that dealt with the Collins Commission recommendations that included campaign limits, I turned to the source document, to the Collins Reform Commission report, and I looked at their recommendations for campaign finance. And I picked out those elements that I thought could pass both Chambers and started to build a bill. I think many of us recognize that the federal limits are artificially low and have unintended consequences, so I looked at Senator Radogno’s bill that she had introduced that provided for ten-thousand-dollar contributions per calendar year 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 and used that as the -- the watermark. So we -- we put the draft together with that. Why -- we shared a draft with the four caucus committees on May 12th - I’m checking with our staff; we took comments and made adjustments. At some point, some Members of the House reform block said ten-thousand-dollar limits are too high. We were able to move the limits down on the individual contributions and mirror the federal scheme where there is a differentiation between individuals and entities. And we built from there. We worked back and forth with -- with drafts and collected comments and negotiated as best we could with the stakeholders to take their input and finalized a bill for filing late last night.
PRESIDING OFFICER: (SENATOR HENDON) Senator Garrett. Senator Garrett. To the bill, Senator Garrett.
To the bill -- to the bill: I just want to say that I appreciate the fact that Senator Harmon has set the record straight. We’re hearing this back and forth and the -- and the finger’s being pointed on our side of the aisle as if we are perpetrating a corrupt system. We are doing just the opposite. We are putting the brakes on. We are doing everything we can to ensure that there is fairness. And for the first time ever in the history of the State of Illinois, we have, I think, the beginnings of real reform. And I would ask you to really consider voting Yes.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Noland.
80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 Thank you, Mr. President. I rise because I think the people of my district demand it. I have received streams of e- mails over the last several months leading up to this day. I, at the top of this Session, filed some reform legislation myself asking for caps, was able to work early with Senator Steans on that. And I share many of her sentiments. I think that she encapsulated the feeling that most of us have regarding this process. And I believe as she does, that we should not allow the perfect be the enemy of the good. We have a lot of good in this legislation. It moves us forward. I remember and I -- I can’t tell you how many people in my district have come up to me regarding the comments that I made during the impeachment trial of -- of former Governor Blagojevich, talking about remembering the comments that I made regarding the need for a new business model to conduct the people’s business. We ask -- that would seem to be a standard by which the people of my district will be judging me and, I think, this Legislature. Do we have that? I am willing to say yes. Do we have the perfect business model? No. Do we have lingering concerns? Do we have the loopholes that Senator Dillard speaks to? Yes, we do. But, whether it’s a truck or it’s a train or a 747 that you claim rhetorically to be able to pass through this, we have taking -- taken what Patrick Collins, himself, says is a first meaningful step. He could stand with us. He should stand with us. I know that the people of my district and the State are going to remember what we did in January with our bad Governor, which was impeach him. I can only imagine what’s going to come this next election, with the flyers that go out and the rhetoric and so on. They’re going to remember what you did with your Governor. You stuck 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 your head in the sand. But we -- we have some hollering rights here as we leave. As a Legislature -- in a bipartisan manner, could we have done better? Yes. But, will you have left the opportunity for reform intact? And if you’d rather shake the hand of an honest man than one that brings you gifts, this is the legislation that you should vote for. I urge an Aye vote. Thank you, Senator Harmon.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. To the bill please, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir. Senator Righter.
Thank you. You know, to the previous speaker, you’re right, there is a difference. You reelected yours. Congratulations. You know, when we come to the Senate, Mr. President, all of us who have been around for a while, particularly this time of year, we put on our hip waders. And we do that because we know here on the Senate Floor that the hypocrisy is going to be at least up to your ankles; some days, it’s up to your knees, and some days, it’s up to your hips. But tonight, tonight, if you do not have a scuba suit on, you will drown in the hypocrisy that’s being presented on this Floor. Couple of the Members on the other side of the aisle have - without naming her - criticized the Republican Leader here, because she wasn’t either for caps on campaign contributions or she was for a bill that was much, much higher. We should point 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 out to those who have listened to that and believed it that the bill that’s before you does, in some instances, limit campaign contributions to five thousand dollars, but in others, limits it to ten, and some ninety thousand dollars, which is way more than ten. There was one Senator in this Chamber, exactly one, who was willing to give voice to the Collins recommendation and that was the Republican Leader - the only one. We made four attempts in that room behind you, Mr. President, to try to get that out for a hearing. And your party voted us down each and every time. But, hey, that’s the process. And House Bill 7 is the one that we have before us. It is fatally flawed in many ways, Mr. President, and that’s why the good government groups are lined up against it - uniformly, unanimously opposed to this legislation. First of all, this bill will incentivize the proliferation of more campaign committees. Whatever public office you hold, you can create a campaign committee for that public office. If you hold three or four public or political offices, you get a campaign committee for each and every one of ‘em. So, your ninety thousand limit, if you’ve got four, just went to three hundred and sixty thousand dollars under Senator Harmon’s campaign finance reform proposal. That’s not what we need more of. Under Senator Harmon’s bill, there is, as one of the previous speakers said, a loophole you could drive a truck, a truck full of cash through. Not cash in terms of the green stuff, Mr. President, but in terms of TV ads, radio ads and whatnot. There is no limit. There is no limit whatsoever on a Legislative Leader’s ability to funnel resources into a district by buying television commercials for a legislative candidate, by sending mail out for that candidate, or doing anything else. 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 But perhaps what was most disappointing, Mr. President, about today was what the Governor did - the Governor who came to office on a tide of renewal and reform; Governor Blagojevich is out, we’re going to change the way we do business here. And in the end what the Governor did was partner with the Democrat Leaders and make just another deal. House Bill 7, Ladies and Gentlemen, is just another deal and it’s a bad deal for everyone in here, everyone in the House, and everyone who lives in this State. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, to respond and then we’ll have our final two speakers, Leader Radogno and then President Cullerton. Senator Harmon, to respond.
Thank you, Mr. President. I really need to clarify some of those remarks. This notion that we are fostering the proliferation of committees is either absurd or consistent with everything else. All of the bills - the -- the Collins bill, the Radogno bill, the Righter bill - limits each of us to one committee per office held or sought. That is a universal commonality among all the bills. There is nothing in this bill that augments the ability to create committees. This bill limits transfers. The Radogno bill and the Righter bill do not limit transfers. And then, finally, the -- the notion that committees can make direct expenditures for the benefit of the candidates that committee is organized to support is not -- it - - it is not addressed in any of the bills - in the Collins bill, the Radogno bill or the Righter bill. That is a -- a creature of current law, which we are clarifying but not altering. And 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 none of the other bills -- this gigantic loophole that folks are claiming would exist in any of these proposals.
PRESIDING OFFICER: (SENATOR HENDON) Leader Radogno. Senator Righter, for what purpose do you rise, sir? And you know I did let you go beyond the time. Senator Righter.
I appreciate that, Mr. President. I would not rise, except for my name was used in debate.
PRESIDING OFFICER: (SENATOR HENDON) Name was used in debate. Senator Righter.
Thank you. Thank you. Senator Harmon, you are wrong. I hold here in my hand the language from the bills you are referencing. And they say specifically, “including cash and in- kind contributions”. It’s in every one of those bills except for House Bill 7. And that is the loophole through which that money and those resources will be driven. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Leader Radogno.
Thank you, Mr. President. You know, it’s no secret to anyone here I am a new Leader, as is President Cullerton, and we also have a new Governor. And there’s been a lot of talk about how hopeful things are that we could really accomplish some things on behalf of the people of the State of Illinois. And that feeling has kind of waxed and waned. We’ve had some high points with the passage of the capital bill, although, 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 unfortunately, that seems to be mired down right now as well. But tonight, you know, my hope is really plummeting. I introduced Senate Bill 1548 in February. That’s the ten- thousand-dollar-cap bill. That’s the one that did include a ban on in-kind contributions. But I introduced it to get the discussion started. I never thought it was the perfect bill. Obviously, a discussion was started. Unfortunately, it was started behind closed doors and it certainly didn’t include us. So tonight we are voting on a bill that we received at 3:30 this morning. And I do understand there were some drafts circulated amongst staff, but never, not once, did we have all parties in the room, including the Collins Commission, to try to work out something that truly addressed everyone’s concerns. That simply didn’t happen. So the product we have before us tonight is one that is flawed and everyone admits to that. And everyone is very anxious to quote Pat Collins and say he said this is a really good start. But they fail to annunciate the other part of his sentence, which was, “but it’s not a good bill.” “It’s a good start, but not a good bill.” That was the other part of what he said. That is why every single reform group signed in in opposition to this. In the slips - it’s part of the public record - none of them are in favor of this. Now, we talked a little bit about the problems and, Senator Harmon, you admitted there were problems; it’s not a perfect bill. And I would -- you know, I can accept that and I’m willing to continue to work on it. But the thing that really raises a huge red flag for me is your absolute unwillingness to work on it now. I have drafted a number of amendments and they’ve been filed that address some of the concerns expressed today. We are here for 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 sure until Sunday, you know, particularly as we -- we have to move things through the -- the process in both Chambers. Any change only requires a one-hour posting. At this point, the issues have been narrowed. There’s plenty of time to file some of those amendments, get everyone in the room, and make this bill better. Even if we adopted a few of the changes and issues -- address the issues that were raised today, that would give me some hope that this process was for real. But the fact of the matter is, you said this morning, when -- when Patrick Collins and myself were in your office, no way, you’re running the bill as is. In committee today, you were asked if you would be open to amendments. You said, no way, you’re running it as is. That says to me this is it. This bill that everybody admits is fatally flawed is it. It’s not real reform. And you have an opportunity to demonstrate that you really are willing to work on it. So, if you are, let’s starting work on it. If not, I just hope that everyone will remember the full statement that Pat Collins made and that is, “This is a good start, but it is not a good bill.” And we should vote No.
PRESIDING OFFICER: (SENATOR HENDON) President Cullerton.
Yes, thank you, Mr. President, Members of the Senate. I just want to congratulate Senator Harmon for all the hard work that he’s put in on this bill, also the staff, our -- our lawyers, Eric Madiar and Giovanni, and Jo Johnson, on the other side, who helped us work with the Republicans in helping to draft this bill. I appreciate it. I know that there were many, many e-mails sent back and forth and meetings with Pat Collins 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 to work on getting this bill together. And, you know, we also are trying something different this year. As you know, the last six years, there hasn’t been cooperation with the House and the Senate. And, as you know, we can’t pass a bill if it doesn’t meet the approval of the House. And in this particular case, took a long time, but we spent a lot of time with -- working with the House as well, to make sure that they support this bill in the form that it’s in. And they will support it. And how rare is it that the Governor himself comes to a committee and puts his stamp of approval on a piece of legislation? And I’m very appreciative that the Governor did that. So, we have a bill with working together with all the caucuses that’s very substantial and that would go to the Governor’s Desk. Now, I’m quite surprised, really, in light of all that cooperation, that, kind of abruptly, perhaps because of a political choice, that you’ve chosen to say that this is not real change, this is not real change. Well, let me -- let me point out that I think there is some real change. There’s a ninety-thousand-dollar cap on transfers. That is a real change. That’s a change from just last October. Last -- if you don’t think it’s a change, go call the Committee to Elect Dan Duffy. Dan Duffy got two hundred and ninety-six thousand four hundred and thirty-two dollars and fifty cents last year transferred to him and now it’s going to go down to ninety. That’s real change. Call -- call the -- the Citizens for Matt Murphy. He got a hundred and fifty-four thousand five hundred and thirty-one dollars transferred into his account. Now it’s only going to be ninety. That’s real change. Change you can believe in. How about Citizens for Bivins? Go call him. He got three hundred and forty-one 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 thousand dollars transferred into his committee. Ninety thousand dollars that’s all they’re going to get. That’s real change. Burzynski for Senate -- I’m sorry, wrong Burzynski. That was five hundred and forty-one thousand. You can even go back to -- 2001 cycle. Whoever -- whoever this is - Citizens for John Jones, five hundred and nine thousand dollars transferred, and back in 2001. That’s real money. Under this bill, it’s limited to ninety thousand. That’s real change. That’s also a reason to be against it, to have so much money coming into your campaign fund and now be limited to only ninety thousand dollars. But I think it’s real change. Having a campaign contribution capped at five thousand and ten thousand for an individual, that’s real change - the first time in the State’s history. And, of course, it’s double for a committee that has multi-candidate campaigns to work on. But it’s a real limit. And I said in committee, if you’re critical of the effective date of this bill, then here’s what you have to do. I’m telling you right now, the committee that we have for our Democratic Senators is going to have a self-imposed cap on contributions and on transfers consistent with this law right now, today. And I challenge the Republican Senate Leader to do the same. And right now say that you’re going to do the same. We don’t have to wait for the law to take effect.
PRESIDING OFFICER: (SENATOR HENDON) The Presiding Officer will not tolerate any outbursts, celebrations or whatsoever. So, get it together. President Cullerton.
We have worked very hard to work together. It’s very 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 disappointing to have a weak, blatantly political move right towards the end. Overruling the Chair, come on. We’ve worked together on the capital bill. You know how difficult it is to get all the four Leaders together in one room and to work on a capital bill, which we worked on. And it wasn’t easy to get people to agree to vote for a -- a -- let’s face it, a tax increase, that many of the Republicans -- a majority of the Republicans supported. In the House, the same way. That wasn’t easy. We’ve been working together today. The Leader and I have been working together on the second appropriation for a capital bill. Are we supposed to stop working together on that bill now? Just stop working together on that second appropriation for the capital bill? I plan on continuing to honor my commitments in working on it. So I hope that the Republicans will continue to do the same. And I’m disappointed. You could have come out here and said, look it, this is not a perfect bill, point out the flaws - which I still haven’t heard, quite frankly - point out the flaws, say it’s -- I’m sorry the people in the House didn’t agree with it or whatever you want to blame and then vote for it. Instead, you’re going to be asked by your Leader to vote No on the -- on the ethics reform? This is a crazy, dumb No vote or Present vote if that’s what you’re going to do. But if you’re going to do it, have at it. I welcome it and I look forward to next year. You should vote Yes. This is a very significant piece of legislation that we’ve worked on for -- for months. From when we first got here, the four Leaders were on a committee that took testimony for hours and this is the product. It’s significant. And just because people who showed up here didn’t get everything they wanted, like most 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 people who come down here, we shouldn’t say, “Well, we just haven’t passed a real bill.” It’s just not fair. It’s not true. Please vote for the gentleman’s bill. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, to close.
Thank you, Mr. President. I’m very…
PRESIDING OFFICER: (SENATOR HENDON) Excuse -- excuse me, Senator Harmon. Senator John Jones’ light is lit, but he did not mention -- I’m going to say that. I’m going to say that, Mr. President. The President did not mention any individual Senator’s name. He may have mentioned some committees. And we never go -- allow someone to speak after the President - nor did I put a timer on the Minority Leader. Senator Harmon, to close.
Thank you, Mr. President. I’m grateful to the -- the President of the Senate for acknowledging our staff work on this. Eric and, especially, Giovanni Randazzo did just yeomen’s work and were unbelievably diligent and -- and talented in getting this done. I also want to thank my colleagues who spoke and who have bolstered this -- the effort through the -- the -- the entirety of it - Senator Steans, Senator Garrett, Senator Schoenberg, Senator Raoul, Senator Kotowski, Senator Noland, and all of you who’ve contributed to this and pushed me to do more. I really want to thank the Senate President. I can’t tell you how many meetings I had where I said “We’re never going to get that, guys.” “We’re never going to get those kind of limits.” “We’re never going to get limits on transfers.” And I’d go in 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 and see the Senate President, he’d say, “Sure, let’s go try to do that.” Having negotiated the pay-to-play bill in a different climate, it’s incredibly refreshing to have a Leader who pushes us to do more on reform. So, you know what? This bill is not perfect. I said that at the get-go. There are folks who don’t think it went far enough and there are folks who think it went plenty too far. That’s probably the measure of a good bill. The fixation with the Washington model, boy, it sure has -- has not solved the problems there, as Senator Raoul said. I would certainly put the General Assembly up against Congress in terms of number of indictments. We’d look awfully good. But campaign limits at the federal level have not eliminated corruption. This is a meaningful step forward. For the first time, Illinois will impose limits on campaign contributions, limits on transfers among Leaders. As Governor Quinn said in committee, this is a landmark piece of legislation. And I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 7 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’s 36 voting Aye, 22 voting Nay and 1 voting Present. House Bill 7, having received the required constitutional majority, is declared passed. This is our final bill of the night. On the Order of 3rd Reading, page 51 of your Calendar, is Senate Bill 2106. Senator Hunter. Madam Secretary, 2106. Madam Secretary, read the bill. Madam Secretary, read the bill. 2106. This will be our final bill of the night, so if we could hold your 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 attention for just one brief moment. Senator Forby, while I wait on that -- for what purpose do you seek recognition, sir? Madam Secretary, read the bill.
Senate Bill 2106. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2106 amends the -- the Emergency Telephone Systems {sic} regarding the purchase of defibrillators. And, basically, what it does is allows the Emergency Telephone System Boards to purchase automatically -- automatic external defibrillators for the use at any facility located within the jurisdiction of the Board, so long as the purchase does not cause an increase in the local 9-1-1 surcharge.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Burzynski.
Thank you, Mr. President. To the bill: I just would like to point out that, you know, we’re eroding the main purpose of the 9-1-1 system here when we start looking at alternative uses for its funds. And I would imagine that this is just a slippery slope. This will just be the start. And I would also suggest to you that if there are surplus funds in these 9-1-1…
PRESIDING OFFICER: (SENATOR HENDON) I’m sorry, Senator Burzynski. Senator Burzynski. 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
That’s okay. It’s much quieter than it normally is when I speak, Mr. President. Thank you. But, anyway, I would suggest that if there are surplus funds in these 9-1-1 funds, that those funds should be turned back to the people that are paying the taxes on their telephone bills for these services. So I would urge a No vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Dahl.
Thank you, Mr. President. Would the sponsor yield for a question, please?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Dahl.
Thank you, Mr. President. Senator, the -- these funds for the 9-1-1 service, has all of the 9-1-1 service throughout the State been fully implemented?
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
I’m not sure, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
So, if -- if we’re not sure that the -- every county in State of Illinois now has 9-1-1 service, which they don’t, but - - but we’re still going to take funds from 9-1-1 service and use it for a purpose that is entirely different than what it was 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 meant for, how -- how are we -- how are we going to justify that with the counties that don’t have 9-1-1 service?
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter. Senator Hunter.
As far -- as far as I know, Senator, these funds were only -- the moneys generated from these funds may only be used only to pay for costs associated with the -- with the telephone system. So if there’s no telephone systems in the areas that you’ve discussed or indentified, you can’t use the funds for it, because there’s no system there.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
Senator, isn’t that what these funds were set up for in the first place, was to create the system?
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Yes, they were.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
So, in other words, if -- if some counties don’t have it, they’re collecting the fee, but they haven’t got enough money together yet probably to get their system up and going. Is -- is that true?
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter. Senator Hunter. 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
Based upon my -- my -- the information that I’m receiving, Senator, currently there is a surplus that’s just sitting there and the surplus has not been used at this time.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl.
So, is this surplus in individual counties or is it in a State fund or -- where -- where is this surplus?
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
I believe these funds are in the State fund, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl, if you could, sir. Senator Dahl.
Sure. Well, I’m -- I’m just trying to get to the fact that -- that if -- if there are surplus funds, why aren’t these surplus funds being used to implement the 9-1-1 system throughout the State before -- before we go spending that money on something else such as EADs {sic} (AEDs) for schools?
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Senator, it’s still a legitimate use for the emergency funds.
PRESIDING OFFICER: (SENATOR HENDON) Senator Dahl, if you could bring your remarks to a close. Senator Dahl. 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
Just to the bill: This -- you know, I -- I disagree that - - that surplus funds could be used for something else. If we got surplus funds on a tax, then I would certainly think that the tax should be eliminated and -- and not spent for something else. And if there’s extra money in the 9-1-1 that isn’t being spent, it’s a fact that there are counties out there in the State of Illinois that do not have 9-1-1 service and we should be working with them first before we find other avenues. I encourage a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bivins.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir. Senator Bivins.
This bill is -- is opposed by telecommunicators. NENA, the National Emergency Number Association, is not favor of this. I’ve spoken about this bill in the past with the -- our local county director of 9-1-1 and there’s -- there’s a lot of problems. I mean, it’s honorable what -- what you’re attempting to do. The AEDs - those are readily available through other grants and we used to purchase ‘em through grants and they’re almost given to us. So -- so I don’t think that’s an issue. There are a lot of issues, though, with taking this money. Landlines are disappearing. Everybody’s going to cell phones. 9-1-1 centers in counties are losing money and they’ve got a lot of technology upgrades and a lot of upgrades coming down the 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 pike that they’re going to need those funds, if they do have excess funds. So this is -- I -- I would highly recommend to think about this, because this is dipping into an area we shouldn’t be dipping into. A lot of people look at those funds and they want those funds, but there is a lot of opposition to this. And I would encourage a No vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator John Jones.
Thank you, Mr. President. A question of the sponsor and then a brief statement to the -- to the bill.
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Jones.
Senator Hunter, can you tell me how many dollars is in this fund right now?
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
We have no figure on -- on this fund at this time, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jones.
Thank -- thank you, Mr. President. To the bill: You know, just a -- just a -- two or three weeks ago, this place was full of people from all over the State of Illinois with 9-1-1. Why? Because they need money. They need money to upgrade their systems in each and every county in this State that has 9-1-1. So they were here asking us for money. They came and saw me. 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 They came and saw Senator Forby. In fact, Senator Forby and I share a county, White County, that has lost almost three thousand customers that had been paying into the 9-1-1 fund because they quit using the landlines. They’re now using cell phones, so their revenue is decreasing every day. This fund should not be robbed for anything other than to upgrade 9-1-1 systems throughout the State of Illinois. And if you don’t need it in your county, Senator Hunter, we need it in southern Illinois. Senator Forby and I will be glad to take it back to southern Illinois. I ask you to vote No.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) She indicates she will yield. Senator Althoff.
Thank you. Senator, we discussed this a little in committee. May I ask you, is this bill permissive or does it require the use of those moneys for AED?
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
It’s permissive, Senator.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
Who ultimately gets to make that decision whether those funds are used for that purpose or not? 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
The 9-1-1 Board -- I believe it’s the 9-1-1 Board.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
So, can I make the assumption then that the 9-1-1 Board, if they do not have enough funds to be utilized for the purchase of that equipment, they can elect not to do that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Yes, but there is a surcharge, remember, in this fund currently.
PRESIDING OFFICER: (SENATOR HENDON) Senator Althoff.
I -- I understand, but it still is a permissive use; it’s not a requirement.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
Yes, Senator.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. Senator Hunter, to close.
For the record, I’d like to state that the Illinois Telecommunications Association wrote this bill. Regardless of 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 whatever you guys say on the other side, they wrote this bill word for word. I sat down; I met with the President of the Illinois Telecommunications Association, along with the Governor’s Office. Okay? So I ask for an Aye vote on this bill.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate Bill 2106 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 32 voting Aye, 18 voting Nay, none voting Present. Senate Bill 2106, having received the required constitutional majority, is declared passed. We’re going to go to House Bill 314. Senator Forby, on House Bill 314. This is our final bill of the night. Madam Secretary -- Senator Forby seeks leave of the Body to return House Bill 314 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is Senate -- House Bill 314. Madam Secretary, have there been any -- any amendments approved for consideration?
Floor Amendment 1, offered by Senator Forby.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby. Senator Forby.
Thank you, Mr. President. This bill here is about kids. It’s not about politicians. It’s not about anything else. It’s about kids in our district getting the right education. House Bill 4841 {sic} (4148) made sure that school districts in the 101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 State of Illinois…
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby, 314. House Bill 314, sir. Go right ahead. Senator Forby, this is on the amendment. Okay. 314, Amendment No. 1. Senator Forby.
Okay, the amendment becomes the bill. Like to explain it on 3rd -- 3rd Reading.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? All those in favor, say Aye. Opposed, say Nay. The -- the amendment -- 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 3rd Reading is Senate Bill 314. Madam Secretary -- I mean, House Bill - I’m sorry - 314. Madam Secretary, read the bill.
House Bill 314. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.
Thank you, Mr. President. 314 makes a supplemental appropriation for 17.6 billion {sic} dollars for the hold harmless for children that require special ed service. We 102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 passed a bill out of here, 4841 {sic}, that made sure that nobody received any less money than ’08. The bill made sure that the school gained money from this funding formula -- can continue gaining. So all we’re doing now is making sure that the schools get the same money they got last year. This is a appropriation bill. This went through the -- oh, wait a minute. 4841 {sic}, the bill went through us -- us with no opposition. It went through the House with no opposition. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Senator Althoff.
Thank -- thank you, Mr. President. I rise in strong support of this legislation. It actually appeared to be somewhat of a budget mistake and moneys were allocated in a wrong line item. This is really an important piece of legislation. We did, as -- as Senator Forby mentioned, we did pass this legislation out of this Chamber last year unanimously. I would strongly recommend we do so again.
PRESIDING OFFICER: (SENATOR HENDON) This -- further discussion? Senator Koehler.
Thank you, Mr. President, Members of the Senate. I want to commend Senator Forby for bringing this bill up, because this is very important. And this is kind of a sleeper issue ‘cause a lot of people may not have been paying attention. I’ll tell you how it affects Peoria. School District 150 would stand to lose nine hundred and thirty-seven thousand dollars if this bill doesn’t pass. And that would be devastating to their program. 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 58th Legislative Day 5/28/2009 So I urge an Aye vote as well.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Leader Righter.
Thank you, Mr. President. To the bill, please.
PRESIDING OFFICER: (SENATOR HENDON) Go right ahead. Senator Righter.
Thank you, Mr. President. I simply rise in support of House Bill 314. For everyone’s information, this is not part of the Fiscal Year 2010 package. This is a supplemental for the current Fiscal Year that we are in for the hold harmless. I appreciate the sponsor’s explanation of that point and your indulgence. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby, to close.
I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 314 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 59 voting Aye, none voting Nay, none voting Present. House Bill 314, having received the required constitutional majority, is declared passed. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 9 a.m. on Friday, May 29th, 2009. The Senate stands adjourned. 104