PRESIDING OFFICER: (SENATOR DUDYCZ) The regular Session of the 91st General Assembly will please come to order. Will the Members be at their desks, and will the guests in the gallery please rise? Our prayer today will be given by Father Thom Dennis, Cathedral of the Immaculate Conception, Springfield, Illinois. Father Dennis.
(Prayer by Father Thom Dennis)
PRESIDING OFFICER: (SENATOR DUDYCZ) The Pledge of Allegiance. Senator Radogno.
(Pledge of Allegiance, led by Senator Radogno)
PRESIDING OFFICER: (SENATOR DUDYCZ) Reading of the Journal.
Senate Journal of Tuesday, April 4th, 2 0 0 0 .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Myers.
Mr. President, I move that the Journal just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Myers moved to -- moves to approve the Journals just read. ~ h e dbeing no objection, it is so ordered. Senator Myers.
Mr. President, I move that reading and approval of the Journal of Wednesday, April 5th, in the year 2 0 0 0 , be postponed, pending arrival of the printed Journal.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Myers moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 being no objection, it is so ordered. Messages from the House.
Message from the House, by Mr. Rossi, 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 1658, together with House Amendments 1 and 2. Passed the House, as amended, April 5th, 2000.
PRESIDING OFFICER: (SENATOR DUDYCZ) Committee Reports.
Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned: Referred to the Committee on Commerce and Industry - Senate Amendments 4 and 5 to House Bill 2980; to the Committee on Environment and Energy - Senate Amendments 1 and 2 to House Bill 3093, Senate Amendment 2 to House Bill 3457; to the Committee on Executive - Senate Amendment 2 to House Bill 2884, Amendment 2 to House Bill 3588, Amendment 1 to House Bill 3621, Amendment 1 to House Bill 3872, Amendment 1 to House Bill 3873, Amendment 1 to House Bill 3876, and Amendment 1 to House Bill 4124; to the Committee on Insurance and Pensions - Senate Amendment 2 to House Bill 4176; to the Committee on Judiciary - Senate Amendment 1 to House Bill 1785, Amendment 2 to House Bill 3082, Amendment 1 to House Bill 3929, and Amendment 1 to House Bill 4045; to the Committee on Licensed Activities - Senate Amendment 2 to House Bill 3928; to the Committee on Local Government - Senate Amendments 1 and 2 to House Bill 390, Amendment 2 to House Bill 840, Amendment 4 to House Bill 1841, and Amendments 1 and 2 to House Bill 3225; and Be Approved for Consideration - Senate Amendment 1 to House Bill 1992, and House Bill 1841.
PRESIDING OFFICER: (SENATOR DUDYCZ) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Resolutions.
Senate Resolution 338, offered by Senator Karpiel. It's substantive, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Ladies and Gentlemen, for the information of the Membership, the following committees will be meeting this -- today at the following times: At 9:30 this morning in Room 212, Senate Executive will be meeting; at 11:30 in Room 212, Insurance and Pensions; at 11:30 at A-1, Local Government; at 12:15 Judiciary will be meeting in Room 400; at 1 p.m. Environment and Energy will be meeting in Room 400; at 1:30 p.m. in 212 will be Commerce and Industry; and at 1:30 p.m. in A-1 will be Licensed Activities. And then we will have -- we will resume Session at 2 p.m. This notice will be posted on the bulletin board outside the Senate Chambers. The Senate will stand in recess until 2 p.m. this afternoon. Senate is in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR MAITLAND) Senate will come to order. Committee Reports.
Senator Klemm, Chair of the Committee on Executive, reports Senate Resolution 292 Be Adopted, as Amended; Senate Joint Resolution 69 Be Adopted, as Amended; Senate Amendment 2 to House Bill 2884, Amendment 2 to House Bill 3588, Amendment 1 to House Bill 3621 and Amendment 1 to House Bill 4124, all Be Adopted. Senator Robert Madigan, Chair of the Committee on Insurance and Pensions, reports Senate Amendment 1 to House Bill 3756 and Amendment 2 to House Bill 4176 Be Adopted. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Senator Hawkinson, Chair of the Committee on Judiciary, reports Senate Amendment 2 to House Bill 730, Amendment 1 to House Bill 1785, Amendment 2 to House Bill 3082, Amendment 1 to House Bill 3465, Amendment 1 to House Bill 3929, and Amendment 1 to House Bill 4045, all Be Adopted. Senator Dillard, Chair of the Committee on Local Government, reports Senate Amendments 1 and 2 to House Bill 390 Be Adopted; Amendment 2 to House Bill 840 and Amendment 4 to House Bill 1841 Be Adopted; Senate Amendment 1 to House Bill 2261 Tabled by the Committee; Amendment 2 to House Bill 2261 and Amendments 1 and 2 to House Bill 3225, both Be Adopted. Senator Mahar, Chair of the Committee on Environment and Energy, reports Senate Amendments 1 and 2 to House Bill 3093 and Amendment 2 to House Bill 3457 Be Adopted. Senator Lauzen, Chair of the Committee on Commerce and Industry, reports Senate Amendments 4 and 5 to House Bill 2980 Be Approved for Consideration. And Senator Burzynski, Chair of the Committee on Licensed Activities, reports Senate Amendment 2 to House Bill 3455 and Amendment 2 to House Bill 3928, both Be Adopted.
PRESIDING OFFICER: (SENATOR MAITLAND) WCIA-Channel 3 has requested permission to videotape. Is leave granted? Leave is granted. Ladies and Gentlemen, let me -- let me ask the Members to please -- please come to the Floor. We will be going to the Order of House Bills 2nd Reading. I would -- would remind you that this is the final day, the final day of House Bills 2nd Reading. So you will be expected, if you plan to move your bills, to -- to move them, 2nd Reading, today. And we will immediately then go to House Bills 3rd Reading. I would remind you that there aren't too many bills on 2nd Reading. So it would be imperative that you come to the Floor immediately. Senator Shadid, for what purpose do you arise, sir? STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR MAITLAND) Please state your point.
Mr. President and Members of the Senate, in the gallery today behind me we have students from the East Peoria Chamber of Commerce Leadership School program, and -- leading today's group are the Leadership Director, Karen McClelland, and the Chamber's Vice President, Sheri Simmen, and their Executive Director, Dick Dodson. Would you join me in welcoming them to Springfield?
PRESIDING OFFICER: (SENATOR MAITLAND) Will our guests in the gallery please rise and be recognized? Welcome to Springfield. All right. Ladies and Gentlemen, middle of page 12 is House Bills 2nd Reading. House Bill 840. Senator Myers. Read the bill, Mr. Secretary.
House Bill 840. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted one amendment.
PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Myers.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Myers.
Thank you, Mr. President, Members of the Senate. Amendment 2 basically is a clean-up amendment at the request of Dr. John Daly from the Archives. So, in committee, he had asked that we would STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 add this amendment to clarify the language in the bill, and we have now done so. So that is what the second amendment is.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? If not, Senator Myers has moved the adoption of Floor Amendment No. 2 to House Bill 840. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion is adopted. Any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill -- House Bill 2346. Senator Myers. Read the bill, Mr. Secretary.
House Bill 2346. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 3082. Senator Bomke. Senator Bomke. Read the bill, Mr. Secretary.
House Bill 3082. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Bomke.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bomke.
STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Thank you, Mr. President, Ladies and Gentlemen of the Senate. The -- Floor Amendment 2 to House Bill 3082 simply clarified a concern that the committee had, and the committee chairman, relative to containers that had been previously approved. This just simply grandfathers those previous approved containers.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall Floor Amendment No. 2 to House Bill 3082 be adopted. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 4022. Senator -- Senator Jones. Read the bill, Mr. Secretary.
House Bill 4022. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 4030. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 4030. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 4404. Senator Noland. Senator Noland on the Floor? Senator Noland on the Floor? Is there leave to go back to House Bill 4404? Leave has been granted. Senator Parker, for what purpose do you arise? STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000
For a point of personal privilege.
PRESIDING OFFICER: (SENATOR MAITLAND) Please state your point.
Thank you, Mr. President. I would like to introduce to the Senate, up in the President's Gallery, Lyndl Schuster and her daughter, Laurel, and Philip is here with me on the Senate Floor, and they're from Northbrook, Illinois.
PRESIDING OFFICER: (SENATOR MAITLAND) Would our guests please rise? Welcome to Springfield. Senator Shaw, for what purpose do you arise, sir?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR MAITLAND) Please state your point.
We are joined in the back here with one of the commissioners from the Dolton Public Library, Commissioner Harold Kemp, back here. Like for you to welcome him.
PRESIDING OFFICER: (SENATOR MAITLAND) Welcome, sir. Nice to have you here with us today. Momentarily, Ladies and Gentlemen, we will -- we will be going to House Bills 3rd Reading, on the middle of page 6. We will be doing recalls first. We have a number of bills that are on 3rd Reading and we -- doing recalls. All right. The middle of page 6 is House Bill 390. Senator Rauschenberger, do you wish this bill returned to the Order of 2nd Reading for the purpose of amendment? Senator Rauschenberger does seek leave of the Body to return House Bill 390 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 390. Mr. Secretary, are there any STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Rauschenberger.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill -- Senate Floor Amendment 1 and 2 add language which broadens the criminal background checks...
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger, I am sorry. Ladies and Gentlemen, please give the Senators your attention. We are now on House Bills 3rd Reading. We're on the Order of Recalls. We're going to insist that the Chamber be quiet. We have a lot of guests today, and it's absolutely imperative that we give the Senators your attention. Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Floor Amendment No. 1 to House Bill 390 expands the scope of the criminal background checks that are required for employees of both schools and park districts. It was favorably adopted in committee. I appreciate its adoption.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator Welch.
Could I ask a question of the sponsor?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator.
Senator Rauschenberger, we're going to do background checks on school board members and park district members? Is that what you said? What did you say? STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 PRESIDING OFFICER:. (SENATOR MAITLAND) Senator Rauschenberger.
No, Senator Welch. This is for school district employees and park district employees. They already are subject to criminal background checks. This broadens the scope of offenses that are reviewed but doesn't expand the list of prohibitions for schools.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch.
Is this going to change who pays for those background checks?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger.
No, it doesn't. They're currently paid for, I think, by the -- by the park district and the school district.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? If not, Senator Rauschenberger moves the adoption of House -- Floor Amendment No. 1 to House Bill 390. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?
Amendment No. 2, offered by Senator Rauschenberger.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger.
Thank you, Mr. President. Amendment -- Floor Amendment No. 2 is a technical correction to Floor Amendment 1. It changes one word from "president" to "General Superintendent and Chief Executive Officer". Appreciate its adoption.
PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Is there discussion? If not, Senator Rauschenberger has moved the adoption of Floor Amendment No. 2 to House Bill 390. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. All right. House Bill 730. Senator Cronin, do you wish this bill removed -- seeks leave of the Body to return House Bill 790 -- 730 to the Order of 2nd Reading? Is leave granted? Leave is granted, hearing no objection. On the Order of 2nd Reading is House Bill 730. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Geo-Karis.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin, for Senator Geo-Karis.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment removes the negligent standard for employers. They require that they must have actual knowledge of the employee's sexual misconduct.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, Senator Cronin has -- has moved the adoption of Floor Amendment No. 2 to House Bill 730. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 3rd Reading. Top of page 7 is House Bill 1785. Senator Petka, do you wish this bill returned to the Order of 2nd Reading for the purpose of amendment? Senator Petka does seek leave of the Body to return House Bill 1785 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1785. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. The amendment amends the Sexual Assault Survivors Emergency Treatment Act. Prohibits release of sexual assault evidence by a hospital without the written consent of the victim, or the victim's parent or legal guardian where the victim is age thirteen or younger. Protects health care professionals and facilities from liability for releasing information where the requirements of this section are met, unless there is willful or wanton misconduct.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, Senator Cullerton has moved the adoption of Floor Amendment No. 1 to House Bill 1785. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 1992. Senator Sullivan, do you wish this bill returned to the Order of 2nd Reading for the purpose of amendment? Senator Sullivan does seek leave of the Body to return STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 House Bill 1992 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1992. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sullivan
Thank you, Mr. President. This amendment is simply a technical amendment adding a effective date so that we can posture this bill for conference committee. We are working on an academic hospitals issue that we are close to an agreement on.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? If not, Senator Sullivan moves the adoption of Floor Amendment No. 1 to House Bill 1992. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 2261. Senator Klemm. Senator Klemm, do you wish this bill returned to the Order of 2nd Reading for the purpose of an amendment? Senator Klemm does seek leave of the Body to return House Bill 2261 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2261. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Klemm.
PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Senator Klernm.
Thank you, Mr. President. Amendment No. 2 removes the tax exemption that were on bonds, at the request of the Governor's Office, and we do agree and we do ask for your adoption.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, Senator Klemrn has moved the adoption to Floor Amendment No. 2 to House Bill 2261. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 2884. Senator Philip. Senator Philip. Senator Philip, do you wish this bill returned to the Order of 2nd Reading for the purpose of amendment? Senator Philip does seek leave of the Body to return House Bill 2884 to the Order of 2nd Reading. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2884. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Philip.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This hopefully will eventually solve the problems of VFW and American Legion clubs who, under the present law, says you have to be a member to work at the bingo night. This allows them to have friends and neighbors work at the bingo night. They will not take a salary. Just helps those people do a lot of good for us. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? If not, Senator Philip has moved the adoption to Floor -- of Floor Amendment No. 2 to House Bill 2884. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 2980. Senator Cronin. Do you -- okay. Senator Cronin does seek leave of the Body to return House Bill 2980 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2980. Mr. Secretary, are there -- are there any Floor amendments approved for consideration?
Amendment No. 4, offered by Senator Robert Madigan.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Madigan. Senator Madigan yields to Senator Cronin. Senator Cronin. Senator Madigan.
Thank you, Mr. President, Members of the Senate. Floor Amendment No. 4 to House Bill 2980 reinserts or reenacts the medical savings account language that is present in the State statute regarding insurance policies. They've expired, unintentionally, the end of December. This reenacts that language.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? If not, Senator Madigan has moved the adoption of Floor Amendment No. 4 to House Bill 2980. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 approved for consideration, Mr. Secretary?
Amendment No. 5, offered by Senator Cronin.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 5 provides standing to employers before the Industrial Commission with regard to fraudulent claims. Ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Hearing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. House Bill 3093. Senator Robert Madigan, do you wish to return House Bill 3093 to the Order of 2nd Reading for the purposes of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3093. Have there been any -- read the bill, Mr. Secretary. Yeah. Sorry about that. On the Order of 2nd Reading is House Bill 3093. Have -- Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Robert Madigan.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.
Thank you, Madam President, Members of the Senate. Senate STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Floor Amendment No. 1 to House Bill 3093 becomes the bill. It -- the -- House Bill -- or -- House Bill 3093, as amended, prohibits clear cutting of trees within fifteen yards of the stream banks of the State's navigable waters. It gives -- provides exceptions for agencies, units of local government and anybody for the purpose of improving, maintaining, repairing, constructing, or reconstructing highways, roads, bridges, culverts - things of that nature; for maintenance and improvement of drainage of -- of or on agricultural land; or for the purpose of improving, maintaining, anything to do with the transmission or generation of electricity. It exempts the City of Chicago, Cook County, Lake County and DuPage County. Defines "clear cutting", and states that the removal of trees or woody vegetation pursuant to any State or federal conservation plan contract or when approved by the United States Corps of Engineers and the Department of Natural Resources, that removal is also exempted from this clear cutting bill. I would ask adoption of Floor Amendment No. 1 to House Bill 3093.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Senator 0'Daniel.
Senator Madigan, what -- is Farm Bureau now on board with this, and the Pork Producers and all of 'em? Are -- are they ...
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.
They -- at this point, on Floor Amendment No. 1, they are not on board. When we adopt Floor Amendment No. 2, Senator O'Daniel, their -- those parties' oppositions will be removed from House Bill 3093.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Is there further discussion? STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Robert Madigan.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.
Thank you, Madam President, Members of the Senate. Floor Amendment No. 2 to House Bill 3093 creates a property tax incentive for property owners to not clear cut land which is in -- within fifteen yards of the Department of Natural Resources navigable waters.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments...
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Dudycz, do you wish to -- seeks leave of the Body to return House Bill 3225 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3225. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Dudycz. PRESIDING OFFICER: (SENATOR DONAHUE Senator Dudycz, on Amendment No.
STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Thank you, Madam President. Senate Amendment No. 1 authorizes a statutory pay raise for the Metropolitan Water Reclamation District Board, effective in December of -- of 2000, when the new term -- new terms begin, or later if the commissioners are in the middle of their six-year terms. Salaries shall be increased by ten thousand dollars according to position. There are nine commissioners, with three... Thank you, Madam President. There are nine commissioners, with three of them up for election every two years. Just to add, that the commissioners run at large in Cook County. Their salaries are not indexed, and they remain fixed for the full six-year term, and that their level of compensation has not increased since 1981.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Senator Welch.
I had a question of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Welch.
Senator Dudycz, yesterday we turned down a pay raise for ourselves, saying this wasn't a good time because of the economy, we're trying to give consumers and voters back their money. Why is this a good time to raise these salaries?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.
Well, Senator Welch, some of these commissioners are up for election, and after the election in November, they take office. They will be serving for six years. They have not received a pay raise in the last nine years. This is the last opportunity for them.
PRESIDING OFFICER: (SENATOR DONAHUE) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Senator Welch.
Well, it's been quite a few years since we received a pay raise, too. It seems to me the same arguments that apply to us should apply to everybody. You know, if it's -- what's good for the goose is good for the gander. I think that if -- if they want to run for the office, they know the salary right now, and it seems to me that they should just be satisfied with it or don't run. Get somebody else to run or be appointed.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Hendon.
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Hendon.
Senator Dudycz, I -- I voted against our pay raise yesterday as well, and I'm -- I'm kind of upset about it. I didn't want to do it, but the political climate is what it is. And -- and now we're going to give a pay raise to somebody else. I just don't understand that. If we're going to be fiscally prudent when it comes to our own wives and children, why can't we be fiscally prudent when it comes to the other elected officials? Can you tell us the current salaries of every one -- every office that's going to be -- receive this additional monies?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.
Yes, Senator Hendon. The current salary of the Board President is fifty thousand dollars. It would be increased to sixty. The Vice President and the Finance Chairman, their salaries are forty-five. They would increase to fifty-five. And STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 the remaining six commissioners, their salary is at forty. It would be going up to fifty. Now, just to answer yours and Senator Welch's question about comparing pay raises, we have something -- we enjoy something that the commissioners don't called the cost of living adjustment. As you know, we -- even though we are not getting our pay raise, we are -- we are getting a cost of living adjustment July 1st of this year. These commissioners haven't received any type of increase within the last nine years, and some of them, after this next election, if they do not get this increase, will -- will add another six years without any type of adjustment, cost of living or otherwise.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.
Well, do you agree that they know what the current salary is before they run for these offices? And if -- if it wasn't good enough compensation for 'em, they didn't have to run for it. Is that correct?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.
Well, I don't know how to answer that question, Senator Hendon. When I ran for office and when you ran for office, our salaries, which -- were much less than they are today also. We -- we are afforded the luxury, without having to do anything, of getting our -- our salaries increased by the cost of living.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz, just a second. Continue.
Senator Hendon, when you came into this Body, your salary was substantially less than it is today, as -- as was mine. These commissioners came -- that came into office, all of them, since STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 1991 have received absolutely no increases, cost of living or otherwise.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.
Well, Senator Dudycz, when I came into this office, I left a higher paying position, the position of alderman of the City of Chicago, to come here. So, clearly, salary wasn't a consideration. I wanted to serve the great people of the State of Illinois. Now, having said that, I believe that each of these commissioners when they run, they know what the salary is. Just makes no sense to me. If we're going to be fiscally prudent, we should be fiscally prudent across the board. And, yes, we get a cost of living at three or four percent. Isn't this about a twenty-five-percent increase in these commissioners' salaries?
PRESIDING OFFICER: (SENATOR DONAHUE) Ladies and Gentlemen, we've got a lot of conferences going on around the room. We've got a lot of people in the halls. Let's keep our voices down and take your conferences off the Floor. Senator Dudycz.
Well, Senator Hendon, I -- first of all, I'd like to commend you on your wisdom for leaving the -- the -- the halls of the City Council and coming up here to the Illinois Senate. That proves you are a wise man in your young years. Other -- as far as the -- as far as the pay raises for these individuals, it is a ten-thousand-dollar, across-the-board pay raise. I can't give you percentages, but it's -- again, it's going ten thousand dollars across the board. It will be the first pay raise that any of -- or, that some of them will have received. At the end of this current election cycle, with those that are taking office, it will be a total of fifteen years; it'll be the only pay raise that they STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 have received.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there -- Senator Hendon.
I'm going to close with this. There were some recent indictments at the Metropolitan Water Reclamation District, and some of those commissioners who were making that fat -- or, that forty, fifty thousand dollars found it necessary to go out and accept bribes from a government mole. In -- in addition, the same thing has happened in City Council. So, I just don't see how we could be protecting the people of Illinois' money at this time, how anyone who could vote against breakfast for schoolchildren yesterday could turn around and vote for ten-thousand-dollar salary increases for members of the Water Reclamation District, which represents about a twenty to twenty-five-percent increase in their salary. And I just hope that the public is watching all of us today. We were worried about them watching us yesterday when it came to feeding our own children. Well, we should be worrying about them watching us today, because why are we going to reward some other elected officials for -- for working part-time for a job, which we have, which is clearly full-time in my case and most of your cases, serving the people of our district. I intend to vote No, and I urge all of you fiscal conservatives like myself, regardless of Party, to do so also.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Thomas Walsh.
...you -- thank you, Madam President. We are not giving the commissioners of the Metropolitan Water Reclamation District a raise here. What we are giving them is the ability to give themselves a raise, as I understand it. We set their -- their -- their maximum salary in statute, which right now I do believe is STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 forty thousand dollars. I think what the Senator is trying to do is raise it to fifty thousand dollars and then they would be able to -- or, they would have to vote as to whether or not they would give themselves that salary increase, and they would have to be subjected to the -- subjected to the voters themselves. The only people that will get the raise are the three people that are elected at this election also.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Viverito.
Thank you, Madam Chairman. I spent six years at the Water Reclamation District, and I can assure you that the responsibilities there are very, very broad, especially during the time when you may have a flood. You'll have hundreds and hundreds of people there. You have to go to meetings, not only during the day. You have meetings in the evening in a lot of the different municipalities across the County of Cook. And I believe they serve something like one thousand one hundred and twenty-six of I em. It's -- they're long overdue in terms of getting any increases. There are no present commissioners under any indictment. All the commissioners, as far as I know, are doing a commendable job, especially its President today, Terry O'Brien, who flies to Washington, D.C., constantly, to try to get some congressional money into the sanitary district. We are the governing Body in terms of seeing when they can get a raise, and we haven't given them any consideration in nine years. No cost of living. And if you're going to draw good candidates to want to run for public office, obviously they're going to have to be enticed by getting a fair amount of money for their hard work. I do feel that there are commissioners, perhaps, in the past that were not as responsible, but I can assure you, the commissioners that are there today are doing a good job in treating their 24 STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 wastewater that is so essential to our well-being, especially environmental. And I encourage you to give consideration. These men and women are not going to get a raise for two more years and many of them that are in the office today aren't going to get a raise for four more years. So that's twelve years since they've had an increase. So I encourage you, if you would, give them some consideration. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Shaw.
Thank you, Madam President, Ladies and Gentlemen of the Senate. I rise in support of this legislation, this pay increase for the commissioners, because of the fact that over the last nine years, these people have done a good job at the Water Reclamation District, and they -- there's no provision for them to even have a cost of living increase in their salary. When most of us -- most of us and labor unions around the State have constantly got a cost of living increase, these people are working for the same money today and will be for the next, some of 'em, two years and four years, with no cost of living increase because there is no provision in the statute to bring that about. And I want to commend Senator Dudycz for sponsoring this good legislation on behalf of the people -- the commissioners of Cook County because I know what it mean, as a mayor, and I know what these people do, as a mayor, and how they come out to various communities and try and help, and they work tirelessly, hours, in terms of getting the job done. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Senator Hendon, for a second time.
Madam President, I rise a second time. I apologize, but I'd STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 like a roll call on this amendment. I do want to point out to everyone that, yes, they have important work. Terry O'Brien is a personal friend of mine, as is commissioner Barbara McGowan, but the facts are what they are. All you have to do is read the Chicago papers. You would have read all about the indictments. And while they do deal with water and wastewater, we have to deal with that, we have to deal with -- DHS, we have to deal with Department of Children and Family Services, we have to deal with Corrections, we have to deal with people's children who are in the penitentiary. We deal with an array of problems. They have an easy job by comparison and they should only get the raise in case there's a flood, since that's the only thing that's important that they really, really do. We take care of serious issues all the time, but yet we can't get a raise but we're going to give another to another e ected official. I'm going to urge a No vote, and I'm asking for a roll call. PRESIDING OFFICER: SENATOR DONAHUE) Senator Dudycz, o close.
Well, thank -- thank you, Madam President. Just to -- just to add, one more time, that the commissioners' compensation has not been increased since 1991. They haven't received any kind of a raise, unlike the General Assembly and other people in government, for the last nine years. And if this does not pass, there'll be another six years that they will not have. That'll add -- make a total of fifteen years without any type of increase for these commissioners. I would seek your support.
PRESIDING OFFICER: (SENATOR DONAHUE) A roll call has been requested. All those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 28 Ayes, 29 Nays, 1 voting Present. And the amendment fails. Are there any further Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Robert Madigan.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Robert Madigan.
Thank you, Madam President and Members of the Senate. Senate Floor Amendment No. 2 to House Bill 3225 provides for an annual stipend for the chairman of a county board of any county with a population of less than two hundred and fifty thousand who is elected at large by the voters of the entire county. I believe this legislation would affect three individuals in the State of Illinois that are elected county -- elected-at-large county board chairmen. I would ask for adoption of Floor Amendment No. 2 to House Bill 3225.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Senator Hendon.
Well, Madam President, once again, once again I'm going to ask for a roll call. I hate to be the -- the grinch here today but it just makes no sense. I can't feed my five-year-old and seven-year-old a little extra baloney and everything, but yet we're going to give somebody else an increase. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Hendon.
Could you tell us the current salaries of the people who you're about to give this increase to, and what would that increase bring their salaries up to?
PRESIDING OFFICER: (SENATOR DONAHUE) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Senator Madigan.
Senator Hendon -- thank you, Madam President. Senator Hendon, those are established by the individual county boards, as far as the salary, and as far as those three individuals, I can't tell you what their individual salaries are. I don't know.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.
So their -- their current salaries could be in the area of eighty or ninety thousand dollars right now. Is that correct?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.
That's possible. I think that's highly unlikely based upon the size of the counties in question, Senator. But I -- as I said, I don't know what the salaries are, but I can tell you that I would not think that they are at that level or anywhere close to that level.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.
Well, that -- that -- that gives me even more reason to worry here. If we don't know how much they're currently earning, we're actually giving them an increase in the dark. Can you tell us which counties we're -- we're talking about, and what would that -- this increase bring their salaries to? And are these part-time positions? Can they have another job on the side, or are these full-time positions?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.
STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2 0 0 0 Let me -- thank you, Madam President. First of all, there are three counties involved in this. Secondly, their group that represents them, the Metro County Councils {sic} (Counties Council), tells me that -- or, we have information that all three of those positions are in the neighborhood currently of a salary in the neighborhood of twenty.thousand dollars annually. Would you repeat the last part of your question, Senator? I'm sorry.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.
Thank -- thank you, Senator Madigan. You know, you're a dear friend of mine, but I'm just concerned. It bothers me that we politically, for whatever reason, will not give ourselves a small, little, modest raise, but yet we're going to do it for other elected officials. I don't want to belabor the point. I'm just going to urge a No vote. We should be fiscally conservative for all the people of the State of Illinois, all the elected officials across the State of Illinois. The neighborhood of -- of the salaries could be from twenty thousand to sixty, seventy thousand. We wouldn't do it for ourselves. We should not do it for any other elected officials at this time. Let's be prudent. Let's be fiscally conservative. I read in the Springfield Register-Journal {sic) where the Comptroller was saying we better be careful because some rainy days are in the future. So let's prepare for those rainy days, hold some of the people of Illinois' money in the coffers and vote No on this pay increase.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Rauschenberger.
Thank you. Would the Senator yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Rauschenberger. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000
As the Appropriation Chairman, I just would kind of remind Members that we currently stipend a lot of countywides and there are a hundred and two counties, I think, by last count anyway, assuming that Senator Jones doesn't have his way on splitting up Cook County. And although this is only three county board chairmen that we are kind of -- if -- if we approve the esteemed Senator Madigan's amendment, we're beginning to walk down a road where many of the rest of us will also be getting requests to take care of by stipend. So I just think the Members ought to be aware that this is an important policy decision. By rough count, in my head, if you add up what we pay in the way of stipends for county officers and what we pay to subsidize the State's attorneys in the State, we're probably today approaching about forty, forty-five million dollars in State appropriations to support county officials. So, just please be cautious. Make a thoughtful decision.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Demuzio.
Hello. Thank you, Madam President. I -- I was just informed I have -- I'm one of the three counties, and -- person didn't even talk to me about it. So I feel no compulsion whatsoever to vote for it. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator -- is there further discussion? Seeing none, Senator Madigan, to close.
Thank you, Madam Chairman. Just -- just real briefly, this has a fiscal impact on the State of Illinois of nineteen thousand five hundred dollars a year. Nineteen thousand five hundred dollars a year. In addition, there are only -- this only is dealing with STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 three counties and not a hundred and two counties and those elected officials in those other hundred and two counties. So the impact of this is minimal. We're only talking about three people who are trying to do the work of the taxpayers for three -- three counties in the State of Illinois. And I would ask for adoption of Floor Amendment No. 2 to House Bill 3225.
PRESIDING OFFICER: (SENATOR DONAHUE) A roll call has been requested. All those in favor will vote Aye. Opposed, Nay. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 6 Ayes, 49 Nays, 3 -- 3 voting Present. And the amendment fails. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Obama, for what purpose do you seek recognition?
Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.
I have in the Republican side of the gallery a constituent of mine, Pam Johnson of the Black Nurses Association. Want to give her a warm Senate welcome, please.
PRESIDING OFFICER: (SENATOR DONAHUE) Please, will you rise and be recognized? Welcome to Springfield. Senator Sullivan, do you wish -- seeks leave of the Body to return House Bill 3455 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3455. Mr. Secretary, STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sullivan, on Amendment No. 2.
Thank you, Madam President. This amendment simply removes th term limits portion of the bill for the -- dealing with the Environmental Health Practitioners Board. There's some concern that there are not that many of those individuals in the State, so we would have a difficult time filling the Board.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Hearing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Sullivan seeks leave of the Body to return House Bill 3457 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3457. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sullivan, on Amendment No. 2.
Thank you, Madam President. This bill amends the Environmental Protection Act, and this amendment tries to clarify some issues that Will County had with some man-made mounds so that - STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 they would fit in with the area topography.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Dudycz seeks leave of the Body to return House Bill 3465 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3465. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Dudycz.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz, on Amendment No. 1.
Thank you, Madam President. House Bill 3465 amends the Criminal Code in relation to the offense of unauthorized videotaping, and at the request of the Judiciary Committee Chairman and Members, one word -- or, two words were added. The amendment states that the crime applies only to those persons who secretly film or tape another person in the other person's home.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Karpiel seeks leave of the Body to return House Bill 3588 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3588. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Karpiel.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel, on Amendment No. 2.
Thank you, Madam President. Amendment No. 2 to Senate -- House Bill 3588 amends the Health Facilities Planning Act definition of "construction or modification" to state that any expenditure made by or on behalf of a health care facility for the development or operation of an assisted living facility shall be exempt from the Health Facilities Planning Board review. We're just making a correction in the statute pursuant to the assisted living and sharing -- shared housing establishment Act passed last year, which specifically exempts assisted living facilities from the -- from a Board review.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Maitland seeks leave of the Body to return House Bill 3621 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 And on the Order of 2nd Reading is House Bill 3621. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Maitland.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland , on Amendment No. 1.
...y ou very -- thank you very much, Madam President, Members of the Senate. Senate Floor Amendment No. 1 amends the Attorneys Lien Act to provide the Act does not apply to any claim, demand, cause of action, or action that results in a tobacco settlement agreement. You may recall, some weeks ago we placed this identical amendment on Senate Bill 1885, and it is my concern and the concern of many in this Body that most of this money should go -- the settlement money should go to health care purposes in the State, and' I believe that this sends a very strong message that we believe that. I would move for the adoption, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator O'Malley seeks leave of the Body to return House Bill 3756 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3756. Mr. Secretary, are there any Floor amendments approved for consideration?
STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Amendment No. 1, offered by Senator O'Malley.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley, on Amendment No. 1.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Amendment No. 1 to House Bill 3756 includes language amending the Chicago Teachers Article of the Pension Code to increase the annual limit on the amount of reimbursement to annuitants for health care costs from twenty-five million to forty million dollars.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Radogno seeks leave of the Body to return House Bill 3928 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. And on the Order of 2nd Reading is House Bill 3928. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Radogno.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Radogno.
Thank you, Madam President. This amendment just clears up some lingering issues that the parties tried to work out so this bill could be agreed to. Specifically, it changes the number of STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 persons that serve on the Board, removes the City of Chicago from the bill, and it allows the Department of Public Health to call special meetings.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Molaro, on Amendment No. 1 -- oh -- on -- seeks leave of the Body to return House Bill 3929 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3929. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Molaro.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro, on Amendment No. 1.
This -- this is commonly called the "Victims First" bill, and this is where there is a specific victim and there are all these court costs and fine. The victim would get the restitution first before anybody else. This just makes an amendment that if there's a county involved that spends a few dollars trying to get this check in to the victim, they would be -- also be in line first to be reimbursed and everybody else would be third on down. So it's a minor amendment, and I'd ask for its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator O'Malley seeks leave of the Body to return House Bill 4045 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 4045. Mr. Secretary, have there been any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Petka.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka, on Amendment No. 1.
Thank you very much, Madam President and Members of the Senate. Floor Amendment No. 1 to House Bill -- 4045 would remove from the language making it a Class 4 felony to be within five hundred feet of a school or other -- a facility where children are to be present. It would make it a misdemeanor in those instances where we have -- the underlying offense would be a misdemeanor. The rationale for this, very simply, is that there are certain classifications of offenses which should not fall under this felony provision because they themselves were treated as misdemeanants when the individual was convicted. It went out without a dissenting vote in the Judiciary Committee. I urge its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Luechtefeld seeks leave of the Body to return House Bill 4176 to the Order of 2nd Reading for the purposes of -- I'm sorry -- House Bill 4124 to the Order of 2nd Reading for the purposes of an amendment. ?Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 4124. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Luechtefeld.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Luechtefeld, on Amendment No. 1.
Thank you, Madam President and Members of the Senate. Senate Amendment No. 1 on House Bill 4124 codifies many of the procedures already used with regard to corrections institutions dealing with noncontact visits. It also creates a gang intelligence unit under the supervision of the Director and also a two-dollar co-pay for nonemergency medical and dental services. Would ask for your support .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Lightford, for what purpose do you rise? STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000
Thank you, Madam President. For point of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.
Madam President and Members of the General Assembly, I'd like for you to join me in welcoming my alma mater, Proviso East High School, to Springfield. They're here. lobbying on behalf of vocational training, and they will be competing on -- tomorrow in the convention center. Will you please rise and be recognized by the General Assembly?
PRESIDING OFFICER: (SENATOR DONAHUE) Welcome to Springfield. Senator Thomas Walsh seeks leave of the Body to return House Bill 4176 to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. And on the Order of 2nd Reading is House Bill 4176. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Tom Walsh.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Walsh, on Amendment No. 2.
Thank you, Madam President. Amendment No. 2 to House Bill 4176 creates the Uniform Prescription Drug Information Card Act. This is a compromise bill that we have, and it's an effort to try to help our constituents and customers of pharmacies to get their prescriptions more quickly. And I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Maitland, for what purpose do you rise?
Thank you, Madam President. On a point of personal privilege, please.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.
Madam President, I have two special guests with me on the Floor. Seated in my seat is -- is Holly Gehlbach, who attends Kenney {sic) (Clinton) High School. Her grandfather, Chuck, is in the gallery. And seated in your seat, Madam President, is Bobby Porter, who attends Bloomington Junior High School. His father, Art, is in the gallery. I'd like for them and -- and their guests in the gallery to please rise and be recognized by the Senate this afternoon.
PRESIDING OFFICER: (SENATOR DONAHUE) Will you all rise and be recognized? Welcome to Springfield. Senator Watson, for what purpose do you seek recognition?
Yes, thank you very much, Madam President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.
I -- I know the Senate didn't do very well last night in the softball game, but I just thought I'd bring to everybody's attention and cheer everybody up that the Cardinals swept the Cubs STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 this afternoon, beat 'em 13 to 3. Took three games in a row from 'em. So, I know that'll excite all of you.
PRESIDING OFFICER: (SENATOR DONAHUE) For the information of the Body, we are going to go to page 6 to the Order of House Bills 3rd Reading.
PRESIDING OFFICER: (SENATOR MAITLAND) All right. Ladies and Gentlemen, on the middle of page 6, on the regular Calendar, House Bills 3rd Reading. House Bill 390. Senator Rauschenberger. Read the bill, Madam Secretary.
House Bill 390. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 390, as amended, does exactly what the amendments I explained just a few minutes ago suggest it does. It expands the offenses that need to be documented before a school district or a park district makes a decision to hire, but does not expand the prohibitions on who they can hire. I'd appreciate favorable support. Happy to answer questions.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 390 pass. 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, Madam Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 390, having received the required constitutional majority, is declared passed. House Bill 709. Senator Cronin. Read the bill, Madam Secretary. Out STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 of the record. House Bill 730. Senator Cronin, for Senator Geo-Karis. Read the bill, Madam Secretary.
House Bill 730. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This bill amends the Criminal Code in relation to the statute of limitations regarding various sex offenses. There was an amendment proposed in committee that was brought to our attention in response to a problem up at the Great America Amusement Park, and some of you may have seen the news reports about it. Senator Geo-Karis expressed a great deal of concern about it, and unfortunately she's convalescing at home, but she would be pleased to make the argument and make sure you understand that there was a serious problem that occurred in her area and this bill seeks to address it. The provision that was contained in the amendment provides that an employer who has actual knowledge of an employee - in this case, it was an amusement ride employee - who may have engaged in some sort of inappropriate sexual contact with a child, they must report that to law enforcement under the penalty of law. And that is the sum and substance of the amendment. That amendment becomes the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 730 pass. 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, Madam Secretary. On that question, there are 57 Ayes, no STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Nays, no Members voting Present. House Bill 730, having received the required constitutional majority, is declared passed. House Bill 1324. Senator Lauzen. Senator Lauzen? Top of page 7 is House -- I'm -- is House Bill 1597. Senator Radogno. House Bill 1785. Senator Petka. Do you wish to move that bill, sir, today? Read the bill, Madam Secretary.
House Bill 1785. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka. I'm sorry, Madam Secretary. That -- he's going to take that bill out of the record. Senate {sic) Bill 1992. Senator Sullivan. Read the bill, Madam Secretary.
House Bill 1992. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sullivan
Thank you, Mr. President. House Bill 1992, right now we're trying to send it into posture for conference committee. We're trying to work through some issues dealing with academic medicine issues. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 1992 pass. 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, Madam Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 1992, having received STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 the required constitutional majority, is declared passed. House Bill 2109. Senator Watson. Senator Watson. All right. Out of the record. House Bill 2110. Senator Dillard. House Bill 2855. Senator Donahue? All right. House Bill 2899. Senator Klemm, for Senator Geo-Karis. Read the bill, Madam Secretary.
House Bill 2899. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.
Yes. Thank you, Mr. President. House Bill 2899 adds a checkoff for the National World War I1 Memorial Fund. This would be administered by the Illinois Department of Veterans' Affairs, and the Department will make the grants from the Fund for the construction of the National World War I1 Memorial. As you know, we talked about this in a Senate bill. This is a House bill. We want to be sure this important issue comes before the Governor. There's no opposition. Do ask for your support.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2899 pass. 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, Madam Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 2899, having received the required constitutional majority, is declared passed. House Bill 2991. Senator Dillard. Senator Dillard on the Floor? Senator Dillard? Top of page 8 is House Bill 2997. Senator O'Malley. Read the bill, Madam Secretary
STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 House Bill 2997. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator OIMalley.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3838 provides for amendments to the banking... Excuse me, Mr. President. I -- House Bill 2997 amends the Code of Civil Procedure with regard to enforcement of judgments. It deletes provisions requiring the officer holding a certified copy of the judgment to summon three persons to be sworn as commissioners and to appraise the property. At the request and suggestion of Senator Cullerton, we included a -- a Floor amendment that requires that the notice provided for in the -- in the -- in the bill to be sent by certified mail. I'll be happy to answer any questions there may be.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Discussion? If not, the question is, shall House Bill 2997 pass. 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, Madam Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. House Bill 2997, having received the required constitutional majority, is declared passed. House Bill 3114. Senator Dudycz. Read the bill, Madam Secretary.
House Bill 3114. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000
Thank you, Mr. President. House Bill 3114, as amended, adds an annual sixty-five-hundred-dollar stipend to the Cook County Recorder of Deeds to be paid for by the State. The original language, without the amendment, amended the Counties Code to provide for an annual stipend of sixty-five hundred dollars to each coroner of the State, except Cook County, to be paid for by the State, and it applies to coroners whose terms begin on or after December 1st of 2000. At this point, Mr. President, I'd like to take this bill out of the record.
PRESIDING OFFICER: (SENATOR MAITLAND) Bill is out of the record. House Bill 3138. Senator Parker, for Senator Geo-Karis. Read the bill, Madam Secretary.
House Bill 3138. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Parker.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3138 amends the Transient Merchant Act by adding a definition of "new and unused property1'. It also creates a provision requiring transient merchants and itinerant vendors to maintain receipts with specific information regarding the purchase of any new and unused property. I would ask for a favorable vote and would be pleased to answer any questions.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House .Bill 3138 pass. 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 I STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 record, Madam Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 3138, having received the required constitutional majority, is declared passed. House Bill 3176. Senator Larry Walsh. Read the bill, Madam Secretary.
House Bill 3176. (Secretary reads title of bil 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Larry Walsh.
Thank you, Mr. President and Members of the Senate. House Bill 3176 establishes that the Secretary of State, upon application, shall issue persons with disabilities registration plates or parking decals to State or municipal agencies, limited liability companies, nursing homes, convalescent homes, which transport persons with disabilities. Currently such plates or decals may be issued to corporations, school districts and special education cooperatives. This is an initiative of Secretary of State Jesse White. Proponents are the Community Mental Health Authorities of Illinois, along with the County Nursing Home Association of Illinois and United Cerebral Palsy. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 3176 pass. 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, Madam Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 3176, having received the required constitutional majority, is declared passed. House Bill 3271. Senator Radogno. House Bill 3476. Senator Noland. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Senator Noland. Out of the record. Top of page 9 is -- is House Bill 3838. Senator O'Malley. Senator O'Malley. Yes or no? Yes or no, Senator? Read the bill, Madam Secretary.
House Bill 3838. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley.
Mr. President, Ladies and Gentlemen of the Senate, House Bill 3838 amends the Banking, Savings and Loan, Savings Bank, and Credit Unions Act, and it includes numerous provisions, including authorizing institutions to report suspected financial exploitation of the elderly or disabled. Authorizes the Commissioner of Banks and Real Estate to make rules -- promulgate rules regarding how long a bank must retain records. Permits savings and loans and savings banks and their service corporations to be organized as limited liability companies. Permits credit unions to expel or deny services to a member who has caused the credit union a loss or is guilty of repeated verbal or physical abuse of credit union officials, staff, agents or volunteers. Be happy to answer any questions there may be.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 3838 pass. 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, Madam Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House Bill 3838, having received the required constitutional majority, is declared passed. House Bill 3852. Senator Watson. Senator Watson. Okay. House Bill STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 3861. Senator Robert Madigan. House Bill 4116. Senator Cronin. Top -- top of page 10 is House Bill 4228. Senator Klemm. House Bill 4369. Senator Parker. House Bill 4396. Senator Dillard. House Bill 4431. Senator Rauschenberger. Read the bill, Madam Secretary.
House Bill 4431. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 4431, as amended in committee, is now a cleaned up, slimmed down version of the Department of Revenue's cleanup and corrections. Be happy to explain specific provisions if people have questions. Otherwise, I'd appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, all those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 4431, having received the required constitutional majority, is declared passed. Senator Rauschenberger, on House Bill 4447. Out of the record. Senator Rauschenberger, on House Bill 4582? Oh. Senator Weaver, excuse me. I looked at the wrong place. Senator Weaver, on House Bill 4582. Out of the record. Senator Weaver, on House Bill 4583. Out of the record. House Bill 4584. Out of the record. Senator Maitland, on House Bill 4587. Out of the record. Senator Rauschenberger, on House Bill 4588. Out of the record. Senator STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Molaro, on House Bill 4698. Read the bill, Madam Secretary.
House Bill 4698. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro.
Thank you -- thank you, Madam President. I almost -- for Senator Watson, I was not going to call this bill since the House sponsor is Representative Bradley, after what he did to us last night. But luckily -- luckily for him, it's a great bill, so I have to call it, but I wish there was a way I could change the House sponsor. Anyway, basically what this bill does, it creates immunity from liability for legal malpractice for public defenders. In the State of Illinois, for thirty, forty, fifty years, you could not sue the State's attorney nor the public defender for malpractice. There was a case, the Halloran case, that went to the First District Court of Appeals, and they said they couldn't find any statutory language that allowed this, so they said that you could sue public defenders. That is now on re-rehearing or in appeal, and while they're awaiting that, basically what happens -- if we don't do this, two things will happen. Everybody will wind up suing the public defender's office. We will have frivolous litigation by every indigent defendant, and also the counties must bear the cost. So this could also be an -- extremely costly, millions and millions of dollars, and would prevent frivolous lawsuits. And therefore, I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 4698 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. House Bill 4698, having received the required constitutional majority, is declared passed. Senator ~unoz ...
...Mr. President. Could you let the record show that I meant to press Yes vote on that?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Munoz, the record will show and will -- will indicate what your intent was, sir. Supplemental Calendar No. 1 is now being circulated. We will be going to that order of business momentarily. All right. On Supplemental Calendar No. 1 is House Bill 1841. Senator Dillard, do you wish this bill returned to the Order of 2nd Reading for the purpose of amendment? Senator Dillard does seek leave of the Body to return House Bill 1841 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1841. Madam Secretary, are there any Floor amendments approved for consideration?
Amendment No. 4, offered by Senator Dillard.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dillard. Senator Dillard, you want to explain your amendment, please.
Yes. Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment becomes the bill, and it authorizes Direct Recording Electronic Voting Systems, commonly known as DREs, for voters on election days in certain places in Illinois where there is a county election authority in counties under three million people. So, therefore, it's a county election authority, except STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 for suburban Cook County, and we also exclude municipal election authorities. This bill essentially is electronic voting. It doesn't require physical ballots. The system has to be approved by the State Board of Elections. And I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Klemm.
Will the sponsor yield for...
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator.
Is this the bill we were talking about today, Senator, in committee?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dillard.
Yes, it is, Senator Klemm.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.
Have we resolved that absentee ballot situation that we raised, or are you going to address that when we bring it over to the House?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dillard.
I believe we have, at least to the sponsor - me, mine - satisfaction answered all questions that we have about absentee voting. But if you have specific questions, you can either ask me today, right now, on 2nd Reading or when the bill is up tomorrow on 3rd Reading. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Klemm.
Well, just let me briefly ask you today, and I don't mean to prolong the debate, but if, in fact, an absentee ballot, according to the amendment, is going to be the one that counts rather than somebody coming in to the polling place to vote and say that "I've changed my mind" -- and -- and one example that comes to mind. Let's just say that I voted absentee and I find out during that time that the candidate I voted for had a terrible scandal and it came out and I want to change my vote. And I've -- I change my vacation plans and I decide to come and vote that very day. Now, according to this amendment, it would mean that the absentee ballot would prevail. And yet, under absentee ballot laws that we had enacted some time ago, which you and I were both involved in, it said that if you're in the precinct at the day of voting and you're physically there and your health is good, that you should vote and you should not cast an absentee ballot. So by following one section of the statute of saying "I have to vote in person 'cause I'm there", this one almost takes that authority away. And that's the confusion I would have. And how does this address that?
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator del Valle. I'm sorry. I'm sorry. Senator Dillard.
Thank you, Mr. President. I believe that once you have cast your absentee ballot, under this amendment, if you physically show up on election day - and this would be the law that we had until a few years ago - your absentee ballot controls, unless you can bring in and show and prove and sign an affidavit that you never received it in the mail, or you can physically bring your absentee ballot to your polling place. So, Senator Klemm, I think the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 answer to your question is, the central location absentee ballot would prevail and, as you heard in committee today from a number of major election authorities, they've never, ever seen this happen. So, I know that it received a lot of discussion in the Local Government Committee today, but it's a situation that just doesn't happen.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.
So my last comment is, though, I think we should alert the voters that if you're going to do an absentee ballot, that you will not have an opportunity to ever recall that absentee ballot, that it is your vote. Even though you voted early and found out that one of the people you voted for was a scoundrel, that's too bad. You can't go back and change it, like you found that we could do today. So I just want to be sure that is clear. I don't know if that's really what we'd like to do. I would hope that could be changed later on in conference, but the changes are -- are overwhelmingly in favor of voting for this amendment. I don't think we should delay that, but I certainly would try to impose and try to convince the sponsor to maybe correct that deficiency because it's too important - the role of voting. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. Really along the same lines, I also have concerns about this provision, Senator Dillard. Are we saying that if this is enacted, then an individual who votes absentee -- let's say a precinct captain goes to their house and gives them the wrong information and deliberately has the person voting absentee even though they're technically not eligible, and then they find out afterwards that they weren't eligible to vote STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day. April 6, 2000 absentee, but they voted absentee and would like to correct the mistake that they made by going to the polling place on election day and voting in person. With this bill, does it mean that they cannot do that, that they cannot correct the mistake that they've discovered they've made as a result of some precinct captain trying to, in effect, commit vote fraud?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dillard.
Thank you, Mr. President. To answer the Senator's question, the circumstance you just used as your question to me has been the law of Illinois up until about two years ago. It's been the law of Illinois. You cannot, once you have cast and voted, vote a second time. And it wasn't until recently, at the insistence of former Cook County State's Attorney Jack O'Malley, that you were allowed to go into a precinct and, after having voted absentee, say, "I have a change of heart. I want to vote again for a second time." We're just reverting to what had been the law of Illinois for a long time. And once you've voted, you have, in fact, voted.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator del Valle. SENATOR dEL VALLE: To the-- the amendment: I think that that has been a good practice. Absentee ballots are still -- well, probably the -- the only way -- one of the few ways that you could steal votes in elections, and so we had a mechanism here that was adopted that protected against that type of thing. We just experienced that in this last primary election. We were able to go to homes and we were able to find out that people were misled into voting absentee. They felt bad about it. They didn't want to violate the law, and they were able to then go and -- and make that STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 correction. I think we ought to continue to do that. If -- if absentee ballot vote fraud is a problem in the City of Chicago and in other parts of the State, then how are we going to protect against that? I think we ought to take what has been the practice and enact -- enact that into law. And so I would hope that, as Senator Klemm said, we would be able to look at this in a conference committee and be able to come back with some language that's going to allow us to do that.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Bowles.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator.
Senator Dillard, just to make sure, is there an internal paper trail in the event that there is an election contest? I want -- I'm asking the question so it's a matter of -- of record.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dillard.
Yes, there is, Senator Bowles, an electronic paper trail, sort of, as some of we old-timers - you're a young-timer; I'm an old-timer - know it. You can create a paper trail even though this is an electronic voting system.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowles.
Thank you. I -- I'm still concerned about the fact that there -- I guess I'm an old-timer in the elections business, and -- and I want a hard copy, is what -- that's what I'm asking for. Thank you. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 61 2000
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Syverson.
Thank you, Mr. President. I just want to follow up on Senator Bowles' question. You said there's a paper trail, but that paper trail is at the end of the day when that printout is -- is given. Is that -- the question was that -- you told Senator Bowles that there's a paper trail, but that's only at the end of the day that that particular computer prints out what the vote totals were. Correct?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dillard.
Correct. The paper trail comes after the polls have closed.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.
So if there's a problem with the system, if there's a problem with the computer, if there's been any internal playing with the computer, if there's a virus in the computer, that total that comes out in the end is only based on the information that the computer has generated, not on each individual person that has voted. Is that correct?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dillard.
Senator Syverson, I think that the systems that will be in place, and are in place -- and this is the law of forty-five other states. Illinois is one of only five states that doesn't have electronic voting. We're somewhat in the dark ages. I believe that the State Board of Elections will not certify a company that does not have so many safeguards in place. And furthermore, as we STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 were told today by so many election authorities, judges of election are trained when there is a problem to pick up the telephone immediately and call the central election authority. But I don't believe that there will be a system that will have problems. These have been tested, tried and true, and there are so many check and point check systems in here, I don't anticipate the problem that you're asking your question about.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson.
I guess that still doesn't answer the question though. What do we do if that does happen? You know, with the sophisticated individuals who know how to manipulate computers, someone's got to get into that software, someone has to load the election information in. Someone's got to load the candidate's name in. When that person's loading information in, what's stopping a sophisticated individual from getting in there, planting a virus that would never show up on any test that you gave beforehand, but would only kick in at the end of that day? And we know how sophisticated software can get. We have no -- there is no safeguard if a problem ever occurred. We don't have a paper trail or an individual receipt or card like we currently have now. Is there -- isn't there any way that after each person voted, that there would be a separate receipt or a card that would guarantee their vote, that we would have a separate hard copy someplace on each vote?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dillard.
One of the things that the software manufacturers have told me is that these kind of systems are so sophisticated that when you and I vote - and these systems get better all the time - that STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6 , 2000 there is an instant trail to -- to you or me. Your ballot is still secret, but there are so many ways to safeguard this that the kind of thing you are talking about is not going to happen.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? And for a second time, Senator Klemm.
Thank you, Mr. President. I apologize for speaking a second time, but Senator del Valle had asked a question, and I think the big difference is that the absentee ballots under this amendment does not go back to the precinct -- does not go back to the precinct where the election judges can see that -- that somebody, Senator del Valle or Senator Klemm, voted absentee and now you're coming in physically. Because I think a person voting physically is far more accurate than an absentee ballot that comes in the mail, that nobody knows what influence was there. I mean, I think all of us would preserve that individual's right. The difference is, is this goes to a central location, the absentee ballot, and I think that's where the confusion is. That's where I think the problem will be, that you can't come there and now nullify it. I just ask that -- that the sponsor does look at that small quirk in the law and -- and consider trying to correct that if we can, because I support his efforts in every respect. This is a good bill. Electronic voting is there. My county did it this last time . Had wonderful success with it. So I -- I certainly don't stand in opposition, but that is a flaw that I would like to see corrected. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Shaw. And just a minute, Senator Shaw. Ladies and Gentlemen, if you're going to talk to your neighbor, let's talk close together so it doesn't have to be so loud. I can't hear the speakers up here. Senator Shaw.
STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Thank you, Mr. President. I'm looking at the board. I'm wondering, is this on 3rd Reading or 2nd Reading? Are we on the amendment? What are we on here?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw, we are on Floor Amendment No. 4.
Is that 2nd Reading?
PRESIDING OFFICER: (SENATOR MAITLAND) Well, yes, that's the amendment stage. Yes, sir.
All right.
PRESIDING OFFICER: (SENATOR MAITLAND) This is a recall, Senator. So it was on 3rd Reading. The Senator seeked {sic) leave to bring it back to the Order of 2nd Reading for an amendment.
But should it say 2nd Reading or 3rd Reading up...
PRESIDING OFFICER: (SENATOR MAITLAND) Yes, because when you are amending, it's on 2nd Reading.
Well, it said 3rd Reading up there. Okay.
PRESIDING OFFICER: (SENATOR MAITLAND) All right. Further discussion? If not, Senator Dillard, to close.
Thank you, Mr. President. We'll debate this extensively tomorrow and I will get together with Senator Klemm and Senator -- Syverson to answer some of their questions. Again, I want to assure the Members, like Senator Karpiel and Senator del Valle, this does not apply to Cook County, suburban Cook County. It doesn't apply to the City of Chicago. It is still in the experimental stage. We have picked, very carefully, only county STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2 0 0 0 election authorities under three million to see how this works. It's worked well in forty-five other states of the Union. I anticipate no problems here in Illinois. So it's experimental. It excludes Cook and the City of Chicago. It excludes a number of other municipal election authorities, like Bloomington, Illinois, in downstate. But I'm around between now and tomorrow to answer any questions you may privately have, and I'd move its adoption.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dillard had moved the adoption of Floor Amendment No. 4 to House -- House Bill 1841, and a roll call has been requested. All those in favor of Floor Amendment No. 4 will vote Aye. Those opposed, Nay. The voting is open? Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 4 2 Ayes, 15 Nays, no Members voting Present. And the amendment is adopted. 3rd Reading. I'm sorry. Are there any -- are there further Floor amendments, Madam Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) Thank you. 3rd Reading. Senator Halvorson, for what purpose do you arise?
Thank you, Mr. President. Point of order.
PRESIDING OFFICER: (SENATOR MAITLAND) Please state your point.
As you know, I have House Bill 3036. It's on the Order of Motions to Discharge. I was wondering if we were -- you know, tomorrow's Friday. I was wondering if we were ever going to get to that order of business.
PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 We'll get back to you, Senator Halvorson. Senator Dudycz, for what purpose do you arise, sir?
Thank you, Mr. President. Just like the record to reflect that Senator Geo-Karis isn't in the Chamber today or will she be able to be here tomorrow, due to illness.
PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator Dudycz. It's good news. ...right. Top of page 20 is Constitutional Amendment, Postponed Consideration. Senator Lauzen. Read the -- Mr. Secretary.
Senate Joint Resolution, Constitutional Amendment, 18, offered by Senator Lauzen. The resolution, Mr. President, has been read in full on three consecutive days.
PRESIDING OFFICER: (SENATOR MAITLAND) All right. Thank you, Mr. Secretary. There will be one supporter and one opponent of SJR 18. Senator Lauzen.
Thank you, Mr. President. Senate Joint Resolution 18 attempts to streamline State government by asking the voters, on the November ballot, to combine the Comptroller's and Treasurer's Office. The issue was debated a couple of days ago, I think thoroughly. I think there were probably two points of concern. One is that we have adequate'safeguards for the internal controls, the financial controls, and four pieces that we have in place that we did not have in place thirty years ago were an advanced computer system, a professional Appropriations staff and committee members, the Audit Commission, and information now available on the Comptroller's web site on the Internet that's available now. I think that the second concern that was expressed is that somehow, politically, either the Republican Treasurer or the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Democratic Comptroller, one or the other, might be advantaged or disadvantaged. That's the reason why there's -- to avoid that problem, that's the reason why the name has been chosen - a neutral name - so that no one's advantaged or disadvantaged, that this would become the State Financial Officer, rather than one or the other where there might be an advantage of an incumbent. I'd like to thank Senator Dillard, who did a very effective job of successfully sponsoring this about a year ago, where the votes out of the Chamber were forty-seven. I'd like to thank Comptroller Dan Hynes for his letter of support for the concept here, dated in the fall of '99, and then Treasurer Judy Baar Topinka, who initiated this -- this item, again, over the last two years. Thank you very much, Mr. President.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Senator Demuzio, you had the first light. Senator Demuzio.
Thank you very much. Senate Joint, Constitutional Amendment, 18 didn't get any better than it was the last time that we had this amendment. Again, I think we need more checks and balances. We need a -- oversight committee with these two offices in Illinois. There's been too much scandal. I have, again, given this as an assignment to every class that I've had at the community college level and not one of the classes have voted to combine the two offices. It won't save one dime. It seems to me that it's ill-advised, ill-timed, and I would hope that we would have enough Members to vote No, to assure that this would not be on the ballot. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen, for a brief close.
Thank you. I would just ask the Members of the committee to STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 consider the important internal controls and safeguards that we do have in place: An advanced computer system, professional Appropriation staff and committee, Audit Commission, and information on the Internet through the Comptroller's Office. I'd appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR MAITLAND) All right. The question is, shall SJR 18 be adopted and approved. Pursuant to Section 2, Article XIV of the Illinois Constitution, amendments must be approved by three-fifths of the Members elected. 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, Mr. Secretary. On that question, there are 42 Ayes, 13 Nays, 1 Member voting Present. Senate Joint Resolution 18, having received a three-fifths constitutional majority, is declared passed and approved. Earlier in the day when I was presiding, I asked leave of the Body to return today to House Bill 4404. That is on the bottom of page 12. Senator Noland seeks leave of the Body to return this bill to the -- oh. On the Order of 2nd Reading is House Bill 4404. Mr. Secretary, have there been any -- read the bill, Mr. Secretary.
House Bill 4404. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.
PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 3rd Reading. Resolutions.
Senate Resolution 339, offered by Senate -- Senator OIMalley, as is Senate Resolution 340. They're both death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR MAITLAND) Consent Calendar. Introduction of Bills.
Senate Bill 1957, offered by Senator Cullerton. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Messages from the House.
Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 298. Passed the House, April 6th, 2000. A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1268, with House Amendment No. 1. We have a like Message on Senate Bill 1447, with House Amendment 1. Both passed the House, April 6th, 2000.
PRESIDING OFFICER: (SENATOR MAITLAND) Motion -- Mr. Secretary, have there been any motions filed?
STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 Yes, Mr. President. Senator Jacobs has filed a motion with respect to House Bill 3225.
PRESIDING OFFICER: (SENATOR MAITLAND) Mr. Secretary, the Chair requests that these motions be printed on the Calendar, and it is so ordered. Senator Smith, for what purpose do you arise, ma'am?
Thank you, Mr. President. I'd like to announce that the Democrats would like to have a caucus meeting right away, as soon as possible.
PRESIDING OFFICER: (SENATOR MAITLAND) The Democrats will caucus immediately upon adjournment in Senator Emil Jones' Office. Senator Clayborne, for what purpose do you arise, sir?
Mr. -- Mr. President, unfortunately I -- I didn't vote on the last bill, and I would have voted Yes if I was able. I got called off to -- off to the phone. So...
PRESIDING OFFICER: (SENATOR MAITLAND) The record will so indicate your intent, Senator Clayborne. Senator Karpiel, for what purpose do you arise?
Thank you, Mr. President. I rise to announce a Republican Caucus immediately upon adjournment in Senator Philip's Office.
PRESIDING OFFICER: (SENATOR MAITLAND) There will be a Senate Republican Caucus in Senator Philip's Office immediate -- immediately upon adjournment. Is there any further business to come before the Senate? Is there any further business to come before the Senate? If not, Senator Sullivan moves that the Senate stand adjourned until the hour of 8:30, the hour of 8:30 a.m., tomorrow, Friday, April 7th, 2000. Senator Smith, did you -- did you have -- I'm sorry. I didn't see your STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 96th Legislative Day April 6, 2000 light. I -- I beg your pardon. Oh, you just forgot -- okay.
I want -- this is regarding a vote that I had cast, and I want.. .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator, let me -- let me -- let me apologize. I will -- I will recognize that tomorrow morning. Is that okay? Thank you very much. Thank you. REPORT: TIFLDAY STATE OF ILLINOIS 00/05/01 PAGE: 001 91ST GENERAL ASSEMBLY 16:08:43 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 06, 2000 HB-0390 RECALLED PAGE 8 HB-0390 THIRD READING PAGE 42 HB-0730 RECALLED PAGE 11 HB-0730 THIRD READING PAGE 43 HB-0840 SECOND READING PAGE 5 HB-1785 RECALLED PAGE 12 HB-1785 THIRD READING PAGE. 44 HB-1785 OUT OF RECORD PAGE 44 HB- 1841 RECALLED PAGE 52 HB-1992 RECALLED PAGE 12 HB-1992 THIRD READING PAGE 44 HB-226 1 RECALLED PAGE 13 88-2346 SECOND READING PAGE 6 HB-2884 RECALLED PAGE 14 HB-2899 THIRD READING PAGE 45 HB-2980 RECALLED PAGE 15 HB-2997 THIRD READING PAGE 45 HB-3082 SECOND READING PAGE 6 HB-3093 RECALLED PAGE 16 HB-3114 THIRD READING PAGE 46 HB-3114 OUT OF RECORD PAGE 47 HB-3138 THIRD READING PAGE 47 HB-3176 THIRD READING PAGE 48 HB-3225 RECALLED PAGE 18 HB-3225 MOTION FILED PAGE 67 HB-3455 RECALLED PAGE 31 HB-3457 RECALLED PAGE 32 HB-3465 RECALLED PAGE 33 HB-3588 RECALLED PAGE 34 HB-3621 RECALLED PAGE 34 HB-3756 RECALLED PAGE 35 HB-3838 THIRD READING PAGE 49 HB-3928 RECALLED PAGE 36 HB-3929 RECALLED PAGE 37 HB-4022 SECOND READING PAGE 7 HB-4030 SECOND READING PAGE 7 HB-4045 RECALLED PAGE 38 HB-4124 RECALLED PAGE 39 HB-4176 RECALLED PAGE 40 HB-4404 SECOND READING PAGE 65 HB-4431 THIRD READING PAGE 50 HB-4698 THIRD READING PAGE 51 SB-1957 FIRST READING PAGE 66 SR-0338 RESOLUTION OFFERED PAGE 3 SR-0339 RESOLUTION OFFERED PAGE 66 SR-0340 RESOLUTION OFFERED PAGE 66 SJR-0018 POSTPONED CONSIDERATION PAGE 63 SJR-0018 OTHER PAGE 67 SUBJECT MATTER SENATE TO ORDER-SENATORDUDYCZ PAGE 1 PRAYER-FATHER THOM DENNIS PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOURNAL-APPROVED PAGE 1 JOURNAL-POSTPONED PAGE 1 MESSAGE FROM THE HOUSE PAGE 2 COMMITTEE REPORTS PAGE 2 SENATE STANDS IN RECESS/RECONVENES PAGE 3 COMMITTEE REPORTS PAGE 3 MESSAGES FROM THE HOUSE PAGE 66 ADJOURNMENT PAGE 68