Illinois General Assembly Floor TranscriptsBrowseSenate91st GA

Illinois Senate Floor Debate — November 28, 2000

91st General Assembly (1999-2000) · Legislative day 108 · Regular Session
Chamber
Senate
General Assembly
91st (1999-2000)
Date
November 28, 2000
Legislative day
108
Session
Regular Session
Speaker turns
129
Original
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PRESIDENT PHILIP

The regular Session of the 91st General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? Our prayer today will be given by Rabbi Michael Datz, Temple B'rith Sholom, Springfield, Illinois. Rabbi Datz.

RABBI MICHAEL DATZ

(Prayer by Rabbi Michael Datz)

PRESIDENT PHILIP

Please remain standing for the Pledge of Allegiance. Senator Radogno .

SENATOR RADOGNO

(Pledge of Allegiance, led by Senator Radogno)

PRESIDENT PHILIP

There's been a request to film today, WFLD-TV Chicago and WLS-TV Channel 7. Is leave granted? Leave is granted. Also, Benton Eveninq News requested permission to shoot pictures. Is leave granted? Leave is granted. Reading of the Journal.

Harry (surname or first name uncertain)

Senate Journals of Wednesday, November 15th, and Thursday, November 16th, 2000.

PRESIDENT PHILIP

Senator Myers.

SENATOR MYERS

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

PRESIDENT PHILIP

Senator Myers moves to approve the Journals just read. There being no objection, so ordered. Committee Reports.

Harry (surname or first name uncertain)

Senator Robert Madigan, Chair of the Committee on Insurance STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 and Pensions, reports House Bill 4347 Do Pass.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Resolutions.

Harry (surname or first name uncertain)

Senate Resolution 448, offered by Senator Cullerton and all Members. Senate Resolutions 449 and 450, by Senator Geo-Karis and all Members. Senate Resolution 451, offered by Senators Silverstein and Dudycz. They're all death resolutions, Madam President.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver -- Consent Calendar.

SENATOR WEAVER

Thank you, Madam President.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) I'm sorry. Senator Weaver.

SENATOR WEAVER

May the record -- may the record reflect that Senator Maitland will not be with us, due to illness, this week. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mitchell, for what purpose do you rise?

SENATOR MITCHELL

Point of personal privilege.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) State your point.

SENATOR MITCHELL

I have some special guests in the Senate Chambers today. I have my grandson, John; my wife, Peggy; my daughter, Jonna; and my father, Amos. Also in the gallery behind us, I have the Honorable City Treasurer, Cindy Dame, the City of Sesser, and the City Clerk, Marilyn Stacey, and the rest of the folks are from Sesser STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 also, my hometown. And Bill OIDaniel says everybody but two people are here today. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Well, welcome. Will you please rise and be welcomed by the Illinois Senate? Nice to have you with us today. Senator Dudycz, for what purpose do you rise?

SENATOR DUDYCZ

Thank you -- thank you, Madam President. Point of personal privilege.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) State your point.

SENATOR DUDYCZ

With us is the one and only special guest that is not from Senator Mitchell's district this afternoon. Standing beside me is Richard Cowen, who is a -- a Commissioner from the Chicago Board of Elections. As a matter of fact, he's the only Republican Commissioner on the Chicago Board of Elections, and I would like to have the Senate welcome him to Springfield.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Mr. Cowen, welcome to the Illinois Senate. Resolutions.

Harry (surname or first name uncertain)

Senate Joint Resolution 77, offered by Senator Klemm. It's substantive.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Messages from the House.

Harry (surname or first name uncertain)

A Message from the House, by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has accepted the Governor's specific recommendations for change, which are attached, to a bill of the following title, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 House Bill 3838. Adopted by the House, November 14th, 2000, by a three-fifths vote. We have a like Message on House Bill 861, adopted by the House, November 15th, 2000. A 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 851, along with House Amendment No. 2. Passed the House, as amended, November 16th, 2000. We have a like Message on Senate Bill 1047, with House Amendment 1. A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 4577. Passed the House, November 16th, 2000.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) House Bills 1st Reading.

Harry (surname or first name uncertain)

House Bill 4577. (Secretary reads title of bill) Offered by Senator Radogno. 1st Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker, for what purpose do you rise?

SENATOR PARKER

For a point of personal privilege.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000

SENATOR PARKER

Thank you, Madam President. I have with me today, up in the gallery, a constituent from my area, Martina Mead from Winnetka. And her two sons are here, Matthew Gorey and Sean Gorey, who are Pages. Please give them a warm welcome.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Will you please wave and be recognized? Welcome to Springfield. Chicaqo Tribune has asked leave of the Body to take still photographs. Is leave granted? Leave is granted. If I could have the attention of the Body. We are going to go to page 2 on your Calendar, to House Bills 2nd Reading. Senator Peterson, do you wish to have this bill read for a second time? Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 3619. 9 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Now we'll go to the top of page 2. House Bills 3rd Reading. House Bill 1284. Out of the record. Senator Dillard, on House Bill 2110. Out of the record. Senator Klemm, on House Bill 3612. Senator Klemm. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 3612. (Secretary reads title of bill) 3rd Reading of the bill. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) We are on House Bills 3rd Reading. So if the Members would please get in their seats. Take your conversations off the Floor. Senator Klemm.

SENATOR KLEMM

I apologize, Madam President. I would like to keep it on 2nd Reading. I do have a Floor amendment that's coming up that I did promise. I apologize.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Out of the record. Senator Philip, on House Bill 3617. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 3617. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

SENATOR PHILIP

Thank you -- thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 3617, as amendment -- as amended, becomes the bill. As you know, in 1996, we passed a bill separating the forest preserve from the county board. That became the law. Unfortunately, we made a few mistakes when we did it. What this amendment does, or what this bill does, is takes care of those mistakes. First of all, it does this: It cuts the county board in DuPage County down from twenty-four to eighteen. And then it creates a forest preserve board of six members, one from each one of those county board districts. And the president of the forest preserve running at large, in case there is a tie on the forest preserve. The salary for the members of the forest preserve will be same as the salary for the members of the county board. The president of the county board {sic), though, will make STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 only eighty-five percent of the salary of the chairman of the county board because it's less employees, less budget, less responsibility. Also, it provides that you can't run for both the county board and the forest preserve. And it goes into effect at the -- at the next election, 2002. Be very happy to answer any questions.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Jones.

SENATOR E. JONES

Yeah. Thank you, Madam President. Could the sponsor yield?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Jones.

SENATOR E. JONES

Senator Philip, is this bill good for DuPage County?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

SENATOR PHILIP

This bill only pertains to one county in the State of Illinois, DuPage.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones.

SENATOR E. JONES

What I asked was, is it good for DuPage? I was just asking the question.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

SENATOR PHILIP

Senator Jones, it's a matter of opinion, quite frankly. And it was kind of a controversial thing back in 1996. Not everybody agreed that you ought to separate the two. Most of the thinking was because there's getting to be more of a -- a conflict of interest between what the county board wants to do versus the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 forest preserve. So the suggestion was made by the leadership back on the county board to separate 'em. Quite frankly, we've had some suggestions and requests from other counties to do the same thing. My suggestion to them was, why don't you let us operate under it for two or four years, see if it's good or it needs to be adjusted, and then we'll come back and do it for you if -- if -- if -- you know, if we've had good results.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jones.

SENATOR E. JONES

Yeah. Thank you, Madam President. A question to the Chair. How many votes does this require?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones, would you repeat your question?

SENATOR E. JONES

How many votes does House Bill 3617 require for passage?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Thirty-six votes. Senator Jones.

SENATOR E. JONES

Well, in the spirit of cooperation and everything, you know, recognizing that and -- and we being the minority party, we like to work together on behalf of the people of the State of Illinois and DuPage County, and looking through the great things we're going to work together on, we're going to provide the necessary votes to help DuPage County. I'm quite certain you will reciprocate.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

SENATOR PHILIP

Senator Jones, I thank you very much. I think that you may have a heater coming up here one of these days. You never know, you may need some help. Thank you very much. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jacobs.

SENATOR JACOBS

Thank you -- thank you, Madam President, Ladies and Gentlemen of the Senate. Would the sponsor yield?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Jacobs.

SENATOR JACOBS

Senator, according to our analysis, it says this amendment -- states that -- as it says here, in a rather odd provision, that no longer requires a majority vote of the DuPage County Forest Preserve District Board to take any action. So are you saying, in effect, that if you have six members, three are present, you could do -- if it's two to one vote, that that action takes precedence?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

SENATOR PHILIP

Yeah. This -- I -- I've been led to believe that's the way all the forest preserves operate today.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

SENATOR JACOBS

It's my understanding that that has been stricken, Senator. So, thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Is there further discussion? Senator Philip, to close.

SENATOR PHILIP

I'm confident this is the right thing to do for DuPage County. And I think once we've been operating for a couple of years, that people will want to join the team, because, unfortunately, there becomes more of a conflict between the county board and the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 forest preserve. And so we ought to think about it statewide sometime in the future. Appreciate your vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 3617 pass. 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 52 Ayes, no Nays, 3 voting Present. House Bill 3617, having required -- the required three-fifths majority, is declared passed. House Bill 4267. Senator Petka. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 4267. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka.

SENATOR PETKA

Thank you very much, Madam President, Members of the Senate. House Bill 4267 does exactly what the Senate Calendar synopsis says it does; that is, it reduces the members of the Prisoner Review Board that can decide specified cases relating to prisoners. The Prisoner Review Board is still in operation in this State because of a category of cases know as C-number cases, which were indeterminate sentences -- sentencing cases handed out before we went to mandatory sentencing. This legislation is basically cleanup, because it -- in the past, where we have had remedial legislation dealing with the Prisoner Review Board, the number of individuals that would be sitting on a panel had been arbitrarily raised. And what this legislation does is make the panels more workable. It is strongly supported by not only the Prisoner Review Board, but by the Department of Corrections, who believe that this will improve efficiency and maintain some STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 financial responsibility. And I would urge its adoption.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 4267 pass. 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 56 Ayes, no Nays, none voting Present. House Bill 4267, having received the required three-fifths majority, is declared passed. Senator Roskam, on House Bill 4279. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 4279. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Roskam.

SENATOR ROSKAM

Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 4279, as amended, becomes the bill. Doesn't have anything to do with the speedy trial Act anymore. It simply -- reenacts language that was struck down according to the single subject rule of the Fourth Appellate Court, and puts in wide a second statewide grand jury for the Attorney General. It passed unanimously out of the Judiciary Committee last week. I know of no opposition, and the Attorney General's in favor of this. I'd do my best to answer any questions and ask for your favorable consideration. 1

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 4279 pass. 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 STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 4279, having received the required constitutional majority, is declared passed. Senator Philip, on House Bill 4659. Out of the record. Senator Klemm, on House Bill 4663. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 4663. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

SENATOR KLEMM

Thank you, Madam President. House Bill 4663 contains two provisions. One is a provision for the Southwestern Illinois Development Authority Act, SWIDA, to allow some of their members to be a director or officer of boards or entities that they actually do business with. But there is the provision that they still have to meet - current law - which is the conflict of interest prohibition. It's what we do for everybody else, and we thought it was fair that they should be treated the same way. The second provision is the Fox Water {sic} (Waterway) Agency Act, to allow them to consider their projects to be State projects for the dredging, site -- site restoration, de-watering, soil {sic) (spoil) disposal and silt management on a regional basis. The agency was created ten -- about fourteen years ago so that there'd be one line of responsibility. This allows them to continue the work on their projects. And I'll answer any questions you may have.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Welch.

SENATOR WELCH

I -- I have a'question of the sponsor. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Welch.

SENATOR WELCH

Is there any lessening of requirements to get a permit for dredging or other environmental action along the Fox River in this bill?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

SENATOR KLEMM

They -- they have to continue and they still meet all the EPA, Clean Water Act, federal regulations. They still have to meet that. There's no removal of that at all.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Link.

SENATOR LINK

Thank you, Madam President. Question of the sponsor.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Link.

SENATOR LINK

Senator Klemm, is the intent on this strictly for dredging only, as far as the permit? I mean, are we -- we're not talking about future buildings or anything else that could be -- I mean, they couldn't build a -- a new building without proper permits out there. We're talking strictly on dredging and dredging only.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

SENATOR KLEMM

Well, thank you for asking that question, because I know you support the bill. No, they cannot do that. This is pertaining only to the mandate that this General Assembly gave them before, which is the dredging, the site restoration for -- for the dumping. For example, as you're aware of, here is a project they STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 did, the Geo-11. But it was work with the Corps of Engineers, took eight years for them to do it. They're trying to increase the water retention pool by dredging out the silt that's coming from Wisconsin. They cannot put buildings up. They'd have to meet the zoning requirements. They couldn't get liquor permits. They can't do any of that without local control. Exactly what you would want.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Link.

SENATOR LINK

One other question, Senator Klemm. On this bill, as far as flooding, that, you know, the Storm Water Management would have jurisdiction over of worrying about flooding in the area. Who would be concerned about this: Say this dredging of the waste was put up on the side of the embankment of the Fox River that would cause flooding into the neighboring areas, which is where Storm Water Management would fit in. Would the Corps of -- Army Corps of Engineers have the jurisdiction over this? Or who would have the jurisdiction to prevent that neighboring and surrounding areas wouldn't have flooding caused by them?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

SENATOR KLEMM

Right now they have to get permission and approval from DNR, Corps of Engineers, to do any of this. So, obviously, they can't do flooding problems. In fact, what they are creating -- their creation is to prevent the flooding, to allow waters to come out of this flooded area so that they can either hold them in the pool or dispose of them as they can. It only affects from Algonquin, the dam up above, as you know, in our area. So it doesn't cause the flooding. That's the whole reason why we created this agency some time ago. It has been very, very successful. In fact, four STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 or five years ago, we continued it and make -- made it a permanent agency, as you know.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Welch, for a second time.

SENATOR WELCH

Thank you. I was -- after looking at the -- the analysis of the bill, it looks to me that the Fox Waterway Association {sic) (Agency) is going to be given equivalent status to the State of Illinois as to determining what's best and how best to handle the water in the Fox River. What does that do to those of us who live downstream on the Fox River who are going to have the result of any changes? For instance, if they decide that, well, they need to -- to get water out of the upper area of the Fox River faster and get it down to the -- the Illinois River, well that's going to cause a lot of water coming down our way and cause some erosion problems. What -- what would be the purpose of doing this?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

SENATOR KLEMM

As you recall - maybe you do - some time ago, we had the problem of the flooding below the dams. One reason we created, with a bipartisan support by every legislator in Lake and McHenry County supports this, was because of the filling up of the pool of the seven or eight lakes we have in the Fox River above that dam. That created more flooding in your neck of the woods because it was going over, there was no holding or retention on our side. So it was one of the responsibilities of this agency to try to correct that problem to help people down the Fox and going to the Illinois and everything else to keep that flooding down by our retaining and holding the fluids and water up in our area. It's been, you know, as successful as it can be, obviously. What they're trying to do is do some more dredging. Some parts of the STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 Fox River, it's only three feet deep and it should be about seven feet deep. By increasing the pool to hold the water, not just have the silt and mud, actually it helps your area and that's one of the reasons we're trying to do this.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

SENATOR WELCH

Senator Klemm, it just seems to me that the whole Fox River should be in one region so that everybody up and down the river in Illinois should -- should have some input on what's happening, because what happens up in your area obviously affects our area down my way.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Is there further discussion? Senator Klemm, to close.

SENATOR KLEMM

Well, I do ask for your support on the Fox Valley -- or, the Fox River when all the legislators on both sides of the aisle of Lake and McHenry County do support what we're trying to do. I think SWIDA has an argument of at least allowing their directors and officers to follow the same conflict of interest laws that every other entity in Illinois has to do. I know of no problems with it. It think it's going to solve some of the problems that may arise and I do ask for your support on this issue.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 4663 pass. 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 52 Ayes, 1 Nay, 1 voting Present. House Bill 4663, having received the required three-fifths majority, is declared passed. Committee Reports. STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000

Harry (surname or first name uncertain)

Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned: Referred to the Committee on Education - Senate Amendment 1 to Senate Joint Resolution 74; to the Committee on Executive - Senate Amendment 2 to House Bill 3612; and Be Approved for Consideration - House Bills 1582 and 1597.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip, for what purpose do you rise?

SENATOR PHILIP

Thank you, Madam President and Ladies and Gentlemen of the Senate. Point of personal privilege.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.

SENATOR PHILIP

There's a malicious rumor going around today that the distinguished gentleman from Lincoln, Illinois, has a birthday. Senator Madigan. Now, I have been led to believe he's a hundred and seven. And I said to -- I said, what do you mean a hundred and seven. I know he's old, but he couldn' t be a hundred and seven. But, Bob, we wish you a happy birthday, and many, many more to come.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Happy birthday, Mr. Madigan. Senator Karpiel, for what purpose do you seek recognition?

SENATOR KARPIEL

Thank you, Madam President. Just to announce that there will be a Republican Caucus immediately upon adjournment in Senator Philip's Office.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Smith, for what purpose do you rise?

SENATOR SMITH

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 Thank you, Madam Chair. I merely stand to announce that at 2 p.m. there will be a caucus in Senator Jones' Office for all the Democrats. Thank you very kindly.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senate Democrats at 2 o'clock, a Senate caucus. Senator Hawkinson, for what purpose do you rise?

SENATOR HAWKINSON

Inquiry of the Chair, Madam President. We had committees scheduled for -- we had committees scheduled for 1 o'clock, and I guess the inquiry would be what time we would expect those committees to meet, given the times of the two caucuses.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel, for what purpose do you rise?

SENATOR KARPIEL

Upon reflection, the Republican Caucus will be at 2 o'clock. No? No, Senator Philip is saying immediately upon adjournment. I did not make that announcement frivolously.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) All right. If I can have your attention. The caucuses will be at 2 o'clock. Senate Democrats, Senate Republicans in your respective offices. The committees will meet immediately upon adjournment. So -- and I have a feeling -- Senator Hawkinson, Judiciary immediately. Senator Demuzio, for what purpose do you rise?

SENATOR DEMUZIO

I -- I just want to know who that wizard was that came out behind the -- behind that curtain over there, but I think I know now.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) We have it all under control. Anyone else have any questions? If there's no further business -- oh. Resolutions.

Harry (surname or first name uncertain)

STATE OF ILLINOIS 91ST GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day November 28, 2000 Senate Resolution 552 {sic) (452), offered by Senators Syverson, Burzynski and others. It's substantive, Madam President.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) All right. If there is no further business to come before the Senate, Senator Weaver moves t h a t t h e Senate stand adjourned until noon, 12 o'clock, Wednesday, November adjourned. 29th. The Senate is ~ I REPORT: TIFLDAY STATE OF ILLINOIS 00/12/18 PAGE: 001 91ST GENERAL ASSEMBLY SENATE DAILY TRANSCRIPTION OF DEBATE INDEX NOVEMBER 28, 2000 HB-36 12 THIRD READING PAGE 5 HB-3612 OUT OF RECORD PAGE 6 HB-36 17 THIRD READING PAGE 6 HB-3619 SECOND READING PAGE 5 HB-4267 THIRD READING PAGE 10 HB-4279 THIRD READING PAGE 11 HB-4577 FIRST READING PAGE 4 HB-4663 THIRD READING PAGE 12 SR-0448 RESOLUTION OFFERED PAGE 2 SR-0449 RESOLUTION OFFERED PAGE 2 SR-0450 RESOLUTION OFFERED PAGE 2 SR-0451 RESOLUTION OFFERED PAGE 2 SR-0452 RESOLUTION OFFERED PAGE 19 SJR-0077 RESOLUTION OFFERED PAGE 3 SUBJECT MATTER SENATE TO ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-RABBI MICHAEL DATZ PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOURNALS-APPROVED PAGE 1 COMMITTEE REPORTS PAGE 1 MESSAGES FROM THE HOUSE PAGE 3 COMMITTEE REPORTS PAGE 17 ADJOURNMENT PAGE 19