The regular Session of the 92nd 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 the Reverend Keith L. Warner, Modesto Christian Church, Modesto, Illinois. Reverend Warner.
(Prayer by the Reverend Keith L. Warner)
Please remain standing for the pledges -- Pledge of Allegiance. Senator Radogno.
(Pledge of Allegiance, led by Senator Radogno)
Reading of the Journal. Senator Jones.
Mr. President, I move that reading and approval of the Journals of Tuesday, March 20th, and Wednesday, March 21st, in the year 2001, be postponed, pending arrival of the printed Journals.
Senator Jones moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There being no objection, so ordered. Senator Viverito, for what purpose do you rise?
Point of special privilege.
State -- state your point.
We have a very special guest here with us today, a man that was a great legislator and the Chairman of the Cook County Central Committee, Tom Lyons. Tom? 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
Tom Lyons, please be recognized by the Senate. Nice to have you back, old friend. Committee Reports.
Senator Tom Walsh, Chair of the Committee on State Government Operations, reports Senate Bills 824, 833, 846, 859, 875, 876, 881, 900, 914 and 1172 Do Pass; and Senate Bill 931 Do Pass, as Amended. Senator Peterson, Chair of the Committee on Revenue, reports Senate Bills 52, 207, 449, 539, 540, 617, 984, 1171 and 1285 Do Pass; and Senate Bills 88, 730, 1117, 1135 Do Pass, as Amended. Senator Klemm, Chair of the Committee on Executive, reports Senate Bills 222, 257, 269, 517, 657, 1032, 1168 and 1169 Do Pass; and Senate Bills 16, 118, 902, 921, 926 and 1150 Do Pass, as Amended. Senator Burzynski, Chair of the Committee on Licensed Activities, reports Senate Bill 571 Do Pass; and Senate Bills 843 and 1152 Do Pass, as Amended. And Senator Lauzen, Chair of the Committee on Commerce and Industry, reports Senate Bill 969 Do Pass; and Senate Bills 717 and 868 Do Pass, as Amended.
Messages from the House.
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 bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bills 173, 267, 390, 509, 583, 795, 1985, 2088, 2218, 3055, 2, 180, 328, 831, 1064, 1696, 1972, 2011, 2301, 3105, 183, 269, 659, 1918, 1958, 2143, 2199, 2314, 2994 and 3113. 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 All passed the House, March the 21st, 2001. We have a like Message on House Bills 700, 889, 1929, 2140, 2247, 2294, 2378, 2412, 3314, 3336 and 3574. Also passed the House, March 21st, 2001. A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 9. Adopted by the House, March 21st, 2001.
Resolutions.
Senate Resolution 87, offered by Senator Lauzen and all Members. It's a death resolution, Mr. President.
Consent Calendar. Committee Reports.
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 Bill 330; to the Committee on Insurance and Pensions - Amendment 1 to Senate Bill 1254; to the Committee on Judiciary - Amendment 1 to Senate Bill 430; to the Committee on Local Government - Amendments 1 -- or, Amendment 1 to Senate Bill 664 and Amendment 1 to Senate Bill 980; to the Committee on Revenue - Amendment 1 to Senate Bill 1116; to the Committee on Transportation - Amendment 1 to Senate Bill 602; and Be Approved for Consideration - Senate Amendment 1 to Senate Bill 528 and Amendment 1 to Senate Bill 912.
3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 May I have your attention for one minute? I'll try to let you know what we're going to do today. We'll probably run 2nds and 3rds till 1:30, and at 1:30 we're going to have a Republican Caucus and we won't come back after that caucus. Senator Demuzio, for what purpose do you rise?
Is -- are we going to be conducting business after you come back, or...
I hope not.
So for all -- all practical...
You know what, let me try to explain it again. Maybe I wasn't very clear. We're going to run till 1:30 and adjourn. And we're going to have a Republican Caucus at 1:30. Senator Hendon, for what purpose do you rise?
Thank you, Mr. President. I was just hoping that in the Republican Caucus perhaps you could discuss treating Democrats' legislation a little better in these subcommittees, 'cause it's really been brutal, Mr. President. You know, I don't bruise real easily, but I'm just beat to death here by the subcommittees. So at least give us some consideration next week.
Senator Hendon, we're very -- you're very high on our agenda. You'll be the first one we'll talk about. Senator Clayborne, for what purpose do you rise?
Mr. President, I rise for a point of personal privilege.
State your point. 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
Standing to my right is Rick Kohl, from Belleville. I'd like for the Senate to recognize him for being here today.
Will he please rise and be recognized by the Senate? Nice to have you here. Senator Petka, for what purpose do you rise?
Thank you, Mr. President. For purposes of an announcement.
State your announcement.
The Subcommittee on Criminal Law and Criminal Law Rewrite will meet thirty minutes -- will commence activities thirty minutes following the adjournment today at 1:30. So we will be meeting starting at 2 o'clock. Thank you.
Now I will turn the Podium over to Senator Kent Donahue for the purpose of an introduction.
Well, if I could have your attention for just a minute. We've got some very, very special guests here today. So if I could ask you to take your seats and your conferences off the Floor. Today is a day that Illinois not only recognizes agriculture as an important industry to this State and to our economy, but it also celebrates the young people and the people involved in agriculture. And as you look into our galleries, you see the young people involved in the Future Farmers of America. And if I could, would you please rise and be recognized by the Illinois Senate? I think sometimes we think how agriculture is a downstate issue, or involved with people downstate. In honesty, or in truth, there's -- one in four people in Illinois is involved in the food production and putting food and sustenance on our table. 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 And when you look around, we have twenty-five thousand young people that are involved in agriculture education, and we have -- sixteen thousand young people involved in the Future Farmers of America. And they truly are our future. And for those of you in the Chicago area, I think it would be interesting to know that the largest chapter of the Future Farmers of America is located in the City of Chicago. So it is truly a State of Illinois organization, and one very, very important to us. But it's my honor today to have a chance to introduce to you a young man from my district, from Franklin, Illinois. And he is the FFA State Chapter President. He's the son of Steve and LuAnne Woodrum of Jacksonville, Illinois. His advisor is Jonathon Morris. Some of his accomplishments include agriculture mechanical technical systems, diversified crop production, oil crop production and sheep production. He served as the 1999-2000 Section 15 President, and has served as other -- chapter's reporter, vice president and president. He will receive his American FFA Degree during the 2000 National FFA Convention. And he was the State Oil Crop Production Award winner in 1998. Steve has completed his freshman year at Lincoln Land Community College. Would you please give Steve a good welcome?
(Remarks by FFA State Chapter President Steve Woodrum)
Thank you, Steve. Senator Weaver.
Thank you, Senator. It's my privilege to introduce the new Illinois County Fair Queen. This is the second year in a row that the queen has come from Champaign County. And it's my privilege to introduce Jenn Scheitlin. And her father, Dave, is here with her today. She is a sophomore at the University of Illinois, College of Agriculture. Jenn? 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
(Remarks by Illinois County Fair Queen Jenn Scheitlin)
Thank you very much. If any of you've had a chance to be the judge of an Illinois queen contest, you know how difficult it is to choose such a lovely lady. Also present on the Podium today is our Director of Agriculture, Joe Hampton. Would you please give him a good welcome?
(Remarks by Director Joe Hampton)
Thank you all very much.
PRESIDING OFFICER: (SENATOR DUDYCZ) For the information of the Membership, we will be going to the Order of Senate Bills 2nd Reading and immediately we will be going to the Order of Senate Bills 3rd Reading. So put on your seat belts. Here we go, Ladies and Gentlemen. On top of page 2, in the Order of Senate Bills 2nd Reading, is Senate Bill 3. Senator O'Malley. Read the bill, Mr. Secretary.
Senate Bill 3. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 5. Senator O'Malley. Read the bill, Mr. Secretary.
7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Senate Bill 5. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 24. Senator Cullerton. Senator Cullerton. Read the bill, Mr. Secretary.
Senate Bill 24. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 32. Senator Dillard. Senator Dillard. Read the bill, Mr. Secretary.
Senate Bill 32. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted three amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported. 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senator Philip, what purpose do you rise?
Thank you, Mr. President, Ladies and Gentlemen of the Senate. You -- you may have noticed there's a cake back here to the right of the Podium. And it's a cake celebrating Senator Laura Kent Donahue's twenty years as an elected official in this Body. She represents her district extremely well. She's one of the nicest persons on the Floor of this Senate. So -- we're so happy about it. Help yourself. There's cake up there. And enjoy. And another good twenty more years.
PRESIDING OFFICER: (SENATOR DUDYCZ) Congratulations, Senator Donahue. Senator Bomke, what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
Thank you. I have -- we have with us today, behind the Republican Members, the FFA group from Athens and Teacher Terry Brown.
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests in the gallery please rise and be recognized? Welcome to Springfield. Senate Bill 49. Senator Syverson. Senator Syverson. Read the bill, Mr. Secretary.
Senate Bill 49. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 62. Senator Obama. Senator Obama. Senate Bill 47 {sic} (74). Senator Watson. Read the bill, Mr. Secretary.
Senate Bill 74. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 78. Senator Cronin. Read the bill.
Senate Bill 78. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 138. Senator Cullerton. Senator Cullerton. Read the bill, Mr. Secretary.
Senate Bill 138. 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 172. Senator Dillard. Senate Bill 175. Senator Lisa Madigan. Read the bill, Mr. Secretary.
Senate Bill 175. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 251. Senator Dillard. Senate Bill 252. Senator Lauzen. The bottom of page 2, in the Order of Senate Bills 2nd Reading, is Senate Bill 264. Senator Mahar. Read the bill, Mr. Secretary.
Senate Bill 264. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported. 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the top of page 3, in the Order of Senate Bills 2nd Reading, is Senate Bill 273. Senator Watson. Read the bill.
Senate Bill 273. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 290. Senator Munoz. Read the bill.
Senate Bill 290. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 317. Senator Cronin. Read the bill.
Senate Bill 317. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 329. Senator Sieben. Senator Sieben. Senate Bill 330. Senator Sieben. Senator Sieben. Senate Bill 333. Senator Thomas Walsh. Senator Walsh. Senate Bill 373. Senator Munoz. Read the bill, Mr. Secretary.
12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Senate Bill 373. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 376. Senator Sieben. Senator Sieben. Senate Bill 401. Senator O'Malley. Read the bill.
Senate Bill 401. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 403. Senator Halvorson. Read the bill.
Senate Bill 403. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 405. Senator Sieben. Senator Sieben. Senate Bill 435. Senator Parker. Read the bill.
Senate Bill 435. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 441. Senator Parker. Senate Bill 447. Senator Sullivan. Senate Bill 453. Senator Jacobs. 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Senator Jacobs. Top of page 4, in the Order of Senate Bills 2nd Reading, is Senate Bill 461. Senator Rauschenberger. Senate Bill 489. Senator Molaro. Senator Molaro. Senate Bill 510. Senator Parker. Senate Bill 530. Senator Burzynski. Read the bill.
Senate Bill 530. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 531. Senator O'Malley. Read the bill.
Senate Bill 531. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 558. Senator Rauschenberger. Senate Bill 602. Senator Halvorson. Senate Bill 608. Senator Syverson. Senate Bill 609. Senator Wendell Jones. Senate Bill 615. Senator Silverstein. Read the bill.
Senate Bill 615. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 616. Senator Peterson. Senator Peterson. Senate Bill 624. Senator Obama. Senator Obama. 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Senate Bill 627. Senator Philip. Senator Philip. Senate Bill 629. Senator Bomke. Read the bill.
Senate Bill 629. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted three amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 638. Senator Cullerton. Bottom of page 4 is Senate -- on the Order of Senate Bills 2nd Reading, is Senate Bill 640. Senator Cullerton. Top of page 5, in the Order of Senate Bills 2nd Reading, is Senate Bill 643. Senator Sullivan. Read the bill.
Senate Bill 643. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 653. Senator Lauzen. Senator Lauzen. Senate Bill 664. Senator Noland. Senator Noland. Senate Bill 668. Senator Sullivan. Read the bill.
Senate Bill 668. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 687. Senator Dillard. Senate Bill -- 721. Senator Cullerton. Read the bill. 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
Senate Bill 721. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 726. Senator Klemm. Senator Klemm. Senate Bill 727. Senator Klemm. Senator Klemm. Senate Bill 735. Senator Bomke. Read the bill. Senate Bill 778. Senator Weaver. Senate Bill 788. Senator Noland. Senate Bill 794. Senator Lauzen. Senate Bill 795. Senator Lauzen. Senator Lauzen. Senate Bill 796. Senator Lauzen. Senate Bill -- Senate Bill 816. Senator Sullivan. Read the bill.
Senate Bill 816. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 817. Senator Sullivan. Senate Bill 819. Senator Noland. Read the bill.
Senate Bill 819. (Secretary reads title of bill) 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the bottom of page 5, in the Order of Senate Bills 2nd Reading, is Senate Bill 826. Senator Klemm. Senator Klemm. Top of page 6, in the Order of Senate Bills 2nd Reading, is Senate Bill 827. Senator Radogno. Senator Radogno. Senate Bill 831. Senator Donahue. Read the bill.
Senate Bill 831. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 839. Senator Luechtefeld. Senator Luechtefeld. Senator Luechtefeld. Thank you. Senate Bill 844. Senator Dillard. Read the bill.
Senate Bill 844. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 847. Senator Rauschenberger. Senate Bill 852. Senator Donahue. Read the bill.
Senate Bill 852. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment. 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 856. Senator Peterson. Senate Bill 880. Senator Dillard. Senate Bill 887. Senator Geo-Karis. Senate Bill 899. Senator O'Malley. Read the bill.
Senate Bill 899. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 923. Senator Lauzen. Senate Bill 930. Senator Parker. Senator Parker. Senate Bill 942. Senator Robert Madigan. Bottom of page 6, in the Order of Senate Bills 2nd Reading, is Senate Bill 961. Senator Thomas Walsh. Read the bill.
Senate Bill 961. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Chair would ask the Members to please keep your conversations to a minimum. Thank you. Top of page 7, in the Order of Senate Bills 2nd Reading, is Senate Bill 980. Senator Munoz. Senator Munoz. Senate Bill 994. Senator Noland. Read 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 the bill.
Senate Bill 994. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1024. Senator Demuzio. Senator Demuzio. Senate Bill 1048. Senator Cullerton. Read the bill.
Senate Bill 1048. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1049. Senator Noland. Read the bill.
Senate Bill 1049. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1099. Senator Wendell Jones. Senate Bill 1116. Senator Clayborne. Senate Bill 1128. Senator 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Dillard. Read the bill.
Senate Bill 1128. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1177. Senator Peterson. Senate Bill 1207. Senator Dillard. Read the bill.
Senate Bill 1207. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1208. Senator Rauschenberger. Senate Bill 1220. Senator Dillard. Read the bill, Mr. Secretary.
Senate Bill 1220. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1221. Senator Dillard. Read the bill, Mr. Secretary.
Senate Bill 1221. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1222. Senator Dillard. Read the bill.
Senate Bill 1222. (Secretary reads title of bill) 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1234. Senator O'Malley. Read the bill.
Senate Bill 1234. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1249. Senator Petka. Senator Petka. Senate Bill 1253. Senator Thomas Walsh. Read the bill.
Senate Bill 1253. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1254. Senator Robert Madigan. Bottom of page 7, in the Order of Senate Bills 2nd Reading, is Senate Bill 1257. Senator Dillard. Read the bill, Mr. Secretary.
Senate Bill 1257. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On top of page 8, in the Order of Senate Bills 2nd Reading, is Senate Bill 1261. Senator Dillard. Read the bill. 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
Senate Bill 1261. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1293. Senator Cronin. Read the bill.
Senate Bill 1293. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1320. Senator Dillard. Read the bill.
Senate Bill 1320. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1511. Senator Rauschenberger. We will now be going to the Order of Senate Bills 3rd Reading. We will begin where we left off yesterday. So if the Members turn their attention to the bottom of page 14, we will be starting immediately to the Order of Senate Bills 3rd Reading with Senate Bill 1174. Will the Members be in their seats? Will the staff please get your conferences off the Floor? On the Order of 3rd Reading, Senate Bill 1174. Out of the record. On the bottom of 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 page 14, in the Order of Senate Bills 3rd Reading, is Senate Bill 1176. Senator Peterson. Out of the record. At the request of the sponsors, Senate Bills 1193 through 1279 will be held. So if you bring your attention to the middle of page 16, to the Order of Senate Bills 3rd Reading, we will begin with Senate Bill 1289. Senator Klemm, on -- out of the record. Senate Bill 1493. Senator Radogno. Senator Radogno. Senate Bill 1504. Senator Syverson. Senate Bill 1505. Senator Robert Madigan. Senate Bill 1508. Senator Dillard. Bottom of page 16, in the Order of Senate Bills 3rd Reading, is Senate Bill 1512. Senator Dillard. Top of page 17, in the Order of Senate Bills 3rd Reading, is Senate Bill 1517. Senator Dillard. Read the bill, Mr. Secretary.
Senate Bill 1517. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1517 establishes a pilot program that requires the Illinois Department of Corrections to use pupil meter technology, at least half of the time, for drug tests of inmates who have drug and/or alcohol abuse problems, beginning on the first of January, 2002. And then the Department is required to report back to the General Assembly one year later on the cost-effectiveness and the reliability of pupil meters. There's a company in Rockford, Illinois, that manufactures this, and this is excellent technology for drug testing. And the Department of Corrections is in support of this test program. I'd urge a favorable vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Senate Bill 1517 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. And Senate Bill 1517, having received the required constitutional majority, is hereby declared passed. Senate Bill 1520. Senator Dillard. Out of the record. Members will turn to the beginning of the Calendar, of Senate Bills 3rd Reading. At the top of page 8, we will be going through the Calendar, beginning with Senate Bill 15, on Senate Bills 3rd Reading. Members please be in their seats. Please keep your discussions to a minimum. It's kind of hard to hear down here. Middle of page 8, in the Order of Senate Bills 3rd Reading, is Senate Bill 15. Senator Philip. Senator Philip. Senate Bill 19. Senator Lauzen. Senate Bill 20. Senator Parker. Senator Parker. Senate Bill 31. Senator Dillard. Senator Parker? Senator Dillard. Senate Bill 39. Senator Silverstein. Senate Bill 48. Senator Parker. Senator Parker. Senate Bill 60. Senator Watson. Senate Bill 64. Senator Silverstein. Madam Secretary, read the bill.
Senate Bill 64. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Silverstein.
Thank you, Mr. President. This bill amends the Emergency Medical Service(s) System(s) Act to -- to increase the fine on a DUI from twenty-five dollars to a hundred dollars on -- going -- and that money would be going to the Trauma Center (Fund). And another twenty-five dollars would go to the spinal -- I'm sorry, another five dollars would go to the Spinal Cord (Injury) 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Paralysis Cure Research Trust Fund.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 64 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 53 Ayes, 1 Nay, and none voting Present. And Senate Bill 64, having received the required constitutional majority, is hereby declared passed. Senate Bill 65. Senator Silverstein. Senate Bill 76. Senator Sullivan. Senate Bill 92. Senator Noland. Read the bill, Madam Secretary.
Senate Bill 92. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Noland.
Thank you, Mr. President. Senate Bill 92 is intended to clean up what I think is a kind of a catch-22, when a central township committee requires written notice of intent to be a candidate at a -- at a -- for a township office and the requirement for that intent is then removed at the caucus, negating that rule. So this would allow for -- for public notice of a rule prior to being a candidate with a filing deadline of five days prior to that caucus. I'd appreciate your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Walsh. Larry Walsh.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Walsh. 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
Senator Noland, I appreciate what you did in regards to amending the bill from the original bill that you presented. The only issue in regards to what you are trying to do is that -- that this basically becomes an -- an incumbent's protection bill. And -- and we are -- we are going to allow, under this piece of legislation, a central committee of four or five precinct committeemen to draft rules that, under your amendment, now has to be at least presented in writing to the township clerk. But once those rules are then approved by the central committee, they cannot be changed or removed by the full caucus. And it is going to be eliminating the possibility of people that come to the caucus once every four years. It's going to be eliminating them their due process of participating in their respective caucuses. And I just think that, you know, in this day and age, township government is -- is taking a beating. There's a -- there's a multitude of -- of entities out there, people out there, that are -- are asking for the elimination of township government. For us to -- to pass a piece of legislation that, in any way, shape or form, gives them the idea that the -- the incumbency, the people that are in the power right now, are going to be able to keep those positions secure, keep their -- their elected positions secure, is the wrong way to go. Township government, known as the grassroots government, we should -- we should maintain the identity of open -- open government. And in your legislation, even though it stems from the fact that somebody that was an incumbent did not bring enough people to the caucus and somebody that came to the caucus with the intention of running for that office had more people to the caucus, unseated an incumbent, now we are going to try and remove that capability of that taking place. And I -- I just firmly believe that -- that that is the wrong way to go. So, you know, my -- I guess my question to you, 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Senator, is, is that under this legislation, a person that comes to the caucus, if they had not given written information to the -- to the clerk at least five days prior to the caucus, will not be able to be a candidate for the -- for office. Am I correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Noland.
I apologize, Senator. I missed your last question.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
My -- my question is, Senator Noland, that under your legislation, that if a -- if a -- if a potential candidate that wants to be a candidate for township office does not know that this rule exists, does not write to the township clerk at least five days prior to the caucus, when they come to the caucus the night of the caucus, they cannot be a candidate for township government. Is that correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Noland.
You are partially correct. It's optional. Some townships will choose not to have this rule. So your township, for some -- some other reason, may say, "We don't like this rule." My township may say, "We want this written notice." So in your township, you can show up two minutes before and run for road commissioner. If my township adopts this rule, under current law it can be negated. I think that's wrong. If a township wants this rule, they should be able to keep it and not be negated that night by twelve people showing up, versus eleven who are there. So you're -- you're correct in if this law passes and the township adopts this, they can't be a candidate. But your township may 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 never adopt this rule and then they can show up just as they are, nothing different than the current law today.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
Thank you, Senator. You are absolutely correct, but -- but under your legislation, you are giving the authority to two, three, ten, twenty precinct committeemen that constitutes your central committee to -- to draw rules up that they want to see how a caucus is conducted, and once they draw the rules up, then nobody can unchange -- or amend those rules. Is that correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Noland.
Senator, that's why we elect precinct committeemen, to speak for those in the precinct. So if I want that rule, I would tell my precinct committeeman, who'll then talk to others and adopt the rule. If -- if the precinct doesn't like it, the township would not adopt this rule. It's optional. So my township may choose it; yours may not. But if they choose it, under current law, the township can adopt that, people can come in at the last minute -- or -- or, a candidate out of the blue, out of a tavern, off the street corner, and bring in his angry buddies and say, "We don't like that rule. Throw that rule out." What this rule would say is, if we adopted that rule in township, it could not be negated that night.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
Thank you. You -- you are -- you are correct and I understand what you're trying to do, but all I'm saying is that we are then giving the sole authority - the sole authority of the rules that 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 the caucus is going to operate under - we are giving that -- that authority to whatever constitutes your central committee, whether it's two committeemen, four committeemen, or whatever it may be. And we bring sixty people to a caucus, those sixty people cannot undo the rules that were proposed by the central committee. Correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Noland.
Correct. I mean, under current law - and, Senator, you know this - the township central committee can promulgate rules and they can -- they can promulgate -- there's seven rules they can promulgate. You know, the -- what time of the meeting, the place of the meeting, and none of those can be changed. The only rule that can be changed at a township caucus is the one about written notice of intent. And I believe that should -- if the township committee wants that, it should not be able to be removed or thrown out by an angry mob or by any group at the last minute. It should be set. So you are correct, yes. But that's the only rule a township can actually change the night of that meeting.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
Thank you. I won't -- I won't -- belittle this any more, but -- but -- but I just believe -- I just believe that -- that I know where you're trying to go to, Senator Noland, but I honestly -- I honestly -- that I think that we are taking a step in the wrong direction, if we are going to try and still promote township government. And -- and I think that -- that given that -- that opportunity for a select few to -- to make up the rules, which they can do but they have to have it approved by the general assembly that it forms for the caucus, I think we're going in the 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 wrong way and I urge a No vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Dillard.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I am the Republican Township Chairman of the largest Republican township in -- in Illinois, and I've had the honor of chairing my last three caucuses. So, I know firsthand what it's like to stand in front of a group of your neighbors on a cold, usually Tuesday, night in January and have to run a caucus. And one of the things that always scares you as the chairman of a caucus, just procedurally, trying to keep order, like Senator Dudycz in the Chair is trying to keep order of us here today...
PRESIDING OFFICER: (SENATOR DUDYCZ) Excuse me, Senator Dillard. I will not proceed unless we can have some quiet down here, Ladies and Gentlemen. Please give the courtesy of the speaker to listen to the debate. Senator Dillard.
Thank you, Mr. President. You can come to my caucus with that gavel anytime in Downers Grove. What scares you as the chairman and makes apprehension sometimes as the chairman of your caucus, procedurally, because you have these people who want to go home, is whether a group shows up unannounced and wants to run for an office with no notice whatsoever to the public. And I think Senator Noland is onto a good idea here. His idea would bring some degree of sanity to the process. It would keep, I think, a lot of caucuses more organized throughout the State. But the bottom line here, Senator Walsh - and I understand your point - the bottom line is, this is a bill of local control. It's up to your local, individual township to decide whether they want to adopt Senator Noland's excellent suggestion; that for this one narrow thing, announcing that you are a candidate for office a few 30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 days before an actual vote, to me, that -- that Senator Noland's idea, is a good one. It brings sanity to the township caucus. But, again, it's a matter of local control. And I guess just to close - and I'd offer -- I think everybody should -- should vote for this - this is a local control process and it is also -- importantly, the rules are the same for both political parties. So this isn't a Republican idea. It's not a Democratic idea. But particularly in smaller townships, I think Senator Noland is onto an excellent idea here. And, again, this bill is permissive.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Noland, to close.
I worked with Senator Walsh in committee and tried to amend it so there was no -- this is not -- this is not an incumbency protection plan. This is good government. This is permissive. It allows people in a township to understand who's on the ballot. So if they want to be there for the incumbent or the challenger, they're notified and they can be there, and they have five days advance notice of who candidates are. So I think this is a good idea. I'd appreciate your support. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 92 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 28 Ayes, 28 Nays, and none voting Present. And Senate Bill 92, having failed to receive the required constitutional majority, is hereby declared failed. Senate -- on the bottom of page 8, in the Order of Senate Bills 3rd Reading, is Senate Bill 99. Senator Luechtefeld. Madam Secretary, read the bill.
Senate Bill 99. 31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. Senate Bill 99 amends the Kaskaskia Regional Port District Act. It allows the Board to borrow money from any bank or financial institution as long as that loan is repaid with one -- within one year after the money is borrowed. Would be glad to answer any questions on that -- on -- on this issue.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 99 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. And Senate Bill 99, having received the required constitutional majority, is hereby declared passed. Top of page 9, in the Order of Senate Bills 3rd Reading, is Senate Bill 107. Senator del Valle. Senate Bill 109. Senator del Valle. Senator del Valle, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator del Valle seeks leave of the Body to return Senate Bill 109 to the Order of -- to 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 109. Madam Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator O'Malley.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Malley. 32 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
Thank you, Mr. President. Senate Amendment No. 1 adds language in it that would address clarifying that the Czechs and the Slovaks have, to some extent, a separate heritage and -- and, therefore, it was agreed that we would offer this as part of the amendment process.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, all those in favor, 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 DUDYCZ) 3rd Reading. Senator Clayborne, what purpose do you rise?
Mr. President, I rise for a point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point, sir.
To my right, just behind me, is Ann Walker, who is one of the biggest -- biggest supporters of arts in the Metro East area - East St. Louis area, and I'd like for the Senate to recognize her.
PRESIDING OFFICER: (SENATOR DUDYCZ) Welcome to Springfield. Senate Bill 103. Senator Parker. Senate Bill 115. Senator Radogno. Madam Secretary, read the bill.
Senate Bill 115. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Radogno. 33 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This issue was brought to me by a constituent who became aware of a Chicago Automobile Trade Association bulletin which had been sent to new car dealers that indicated that car thieves were able to obtain keys to cars...
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Radogno.
The problem that was highlighted in that bulletin was that car thieves were obtaining keys to cars by going to new car dealers and just saying that they had lost the key. This bill attempts to remedy that by requiring that car dealers ask for proof of ownership of the vehicle before they issue a pass key to the car. I'd be happy to try to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Molaro.
Yes. There's a -- will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she will -- she will yield. Senator Molaro.
We're wondering, what if it's a three-day weekend and the person needs to return home and they're from Carbondale and they lost it on a Friday afternoon? Does that person have to stay in Chicago until someone can confirm that they are the owner of the car and get the car back? What will we do in an instance like that?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Radogno.
Well, at the request of the committee, we tried to add some 34 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 scenarios that would accommodate the -- the proof requirement, one being that they could call their dealer in Carbondale and have them just fax something over so that -- we tried to make it realistic so that -- it can be accommodated.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is, shall Senate Bill 115 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. Senate Bill 115, having received the required constitutional majority, is hereby declared passed. Senate Bill 116. Senator Radogno. Madam Secretary, read the bill.
Senate Bill 116. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Radogno.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill amends the School Code as it relates to children with disabilities. It simply codifies the duties of social workers. This pertains only to IEPs and it does require parental permission. It simply codifies existing duties. I'd be happy...
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 116 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 116, having received the required constitutional 35 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 majority, is hereby declared passed. Senate Bill 117. Senator Parker. Senate Bill 119. Senator O'Malley. Madam Secretary, read the bill, please.
Senate Bill 119. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Malley.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 119 represents the product of various elements of the financial services industry here in Illinois working together. I'm pleased to have Senator Welch be my cosponsor on this legislation. Rather than read all the details of this legislation to you, I'd simply say that it's a complex piece of legislation. If you have individual questions, I'd be happy to answer them. It is an agreed industry bill and there was no opposition in committee.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 119 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 119, having received the required constitutional majority, is hereby declared passed. Senate Bill 130. Senator Robert Madigan. Senator Madigan. Senate Bill 131. Senator Robert -- Senator Robert Madigan. Senator Madigan. Senate Bill 132. Senator Robert Madigan. Senator Madigan. Senator -- 153. Senator Watson. Madam Secretary, read the bill.
Senate Bill 153. 36 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Thank you, Mr. President. This bill does exactly what the Calendar says. It amends the Kaskaskia River Watershed and Basin Act to provide that the Department of Natural Resources may recoup from water users charges incurred as a result of withdrawal of water from the Carlyle Lake. This is for the Gateway Water District, which is in my district and Senator O'Daniel's district, to allow them to establish a -- a new water supply for a great deal of the people of southeastern Illinois.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator O'Daniel.
Yes. I rise in support of this legislation. You know, in -- in downstate Illinois, we don't have much underground potable water, and so this would move water from Carlyle Lake all the way over to Clay County, Flora and all. And I'm very supportive of this. Something we really need to do.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not, the question is, shall Senate Bill 153 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 153, having received the required constitutional majority, is hereby declared passed. Senate Bill 155. Senator Rauschenberger. Senate Bill 164. Senator Rauschenberger. Senate Bill 165. Senator del Valle. Madam Secretary, read the bill. 37 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
Senate Bill 165. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President and Members of the Senate. This bill allows the Illinois Department of Public Aid to execute a pilot project that will examine patient outcomes for patients with certain chronic ailments who participate in disease management programs and services for chronic condition management. The goals are two: one, to improve the quality of life of these individuals; and, two, to save Medicaid dollars.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 165 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wished? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 165, having received the required constitutional majority, is hereby declared passed. Senate Bill 184. Senator Luechtefeld. Senate Bill 194. Senator del Valle. Madam Secretary, read the bill.
Senate Bill 194. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator del Valle. SENATOR dEL VALLE: This bill provides that if the agreed action to abate the 38 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 nuisance between the State's attorney and the property owner is not taken within sixty days, the State's attorney may file a charge to enjoin the use of property. The bill was amended in committee. The controversial provision was taken out. That's all that's left.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 194 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 194, having received the required constitutional majority, is hereby declared passed. On the bottom of page 9, in the Order of Senate Bills 3rd Reading, is Senate Bill 195. Senator Hawkinson. Madam Secretary, read the bill, please.
Senate Bill 195. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson.
Thank you, Mr. President. This is a proposal from the Illinois State Bar Association regarding the Code of Civil Procedure's misidentification statute. What that means is that if a person names a wrong party to a suit and the statute of limitations expires before the correct party can be added, under certain limited circumstances, the correct party can still be named as a defendant. Those circumstances are that the original action was filed before the original statute expired; that the appropriate defendant, within the time of the original statute, received 39 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 notice of the commencement of the action so that he -- he or she would not be prejudiced in defending himself or herself; and thirdly, knew or should have known that except for a mistake in -- in the name, the action would have been -- been brought against the correct defendant. I'd be happy to try and answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 195 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 195, having received the required constitutional majority, is hereby declared passed. Top of page 10, in the Order of Senate Bills 3rd Reading, is Senate Bill 209. Senator Watson. Senate Bill 263. Senator Thomas Walsh. Madam Secretary, read the bill.
Senate Bill 263. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
Thank you, Mr. President and Members of the Senate. Senate Bill 263 amends the Regulatory Agency {sic} Sunset Act to extend the repeal date of the Detection of Deception Examiners Act from December 31st, 2001, to December 31st, 2011. This Act has been around since 1963. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 263 pass. All those in favor will vote Aye. Opposed 40 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 263, having received the required constitutional majority, is hereby declared passed. Senate Bill 267. Senator Philip. Madam Secretary, read the bill.
Senate Bill 267. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House -- Senate Bill 267 amends the Vehicle and State Finance Acts. Allows the Secretary of State to issue United States Marine Corps license plates. Would be an increased fee of twenty dollars. Two dollars would go to the Secretary of State for the purpose of -- to pay for issuing the plate. And twenty {sic} dollars goes to a fund to give scholarships for people whose son -- or, father was in the United States Marine Corps. It limits this to the State of Illinois and to Illinois citizens -- Illinois schools and Illinois citizens. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Molaro.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Molaro.
Thank you. Anybody can buy these plates, then, and contribute to this cause. You don't have to be a former Marine to be able to 41 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 do this. Is that correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.
That is correct. I'm assuming -- I've already had some requests from children who said they'd like to get the plate for their father or mother or something. So anybody can buy 'em.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not, the question is, shall Senate Bill 267 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, no Nays, 1 voting Present. And Senate Bill 267, having received the required constitutional majority, is hereby declared passed. Senate Bill 298. Senator Watson. Madam Secretary, read the bill, please.
Senate Bill 298. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Yes. Thank you very much, Mr. President. This is...
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson, I beg your pardon. Senator Watson.
Thank you, Mr. President. This is the last of the legislative agenda for the Gateway Water District, which is in -- as I mentioned before, in Senator O'Daniel's and my district. This would allow for the water facility plant to be assessed by a different procedure, by which would save them considerable amount 42 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 of money. It was in the Revenue Committee. The Revenue Committee asked that we contact the school district to make sure that they were okay with this. They had no problem. I don't know of any objection and it's a pretty good piece of legislation.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 298 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. And Senate Bill 298, having received the required constitutional majority, is hereby declared passed. Senate Bill 316. Senator Thomas Walsh. Madam Secretary, read the bill, please.
Senate Bill 316. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
Thank you, Mr. President and Members of the Senate. Senate Bill 316 amends the Village Library Act. The Village Library Act is amended by changing term limits of members on the library commission, the number of members, expenses paid and the -- changes the library operations. What this would allow is for a -- a municipality to increase the members from three to seven members if they would like. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 316 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have 43 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. And Senate Bill 316, having received the required constitutional majority, is hereby declared passed. Senate Bill 319. Senator Thomas Walsh. Madam Secretary, read the bill.
Senate Bill 319. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
Thank you, Mr. President. Senate Bill 319 amends the Illinois Insurance Code. It provides that licensed clinical professional counselors may provide mental health treatment for mental, emotional and nervous disorders and be paid under insurance coverage when selected by the insured. I'd be happy to answer any...
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 319 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. And Senate Bill 319, having received the required constitutional majority, is hereby declared passed. Senate Bill 360. Senator Karpiel. Madam Secretary, read the bill, please.
Senate Bill 360. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) 44 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Senator Karpiel.
Thank you, Mr. President. Senate Bill 360 amends the Township Code to provide that an individual who runs at a caucus for one political party cannot then -- and loses, cannot then run on another established -- established party at that same election. The Election Code is very clear on this, that if you run at a caucus and you lose, you can't run for the other established party at that same election. But the Township Code is a little more ambiguous. It says you cannot run for -- as an independent or for another new party. We're just putting it in the same language as the Election Code and making them both the same.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 360 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 360, having received the required constitutional majority, is hereby declared passed. Senate Bill 364. Senator Noland. Madam Secretary, read the bill, please.
Senate Bill 364. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Noland.
Very nice. Senate Bill 364 would essentially ban MTBE in this State. I'm joined by a stellar list of sponsors: Larry Walsh, Donahue, Lisa Madigan, Sullivan and Sieben. And the Petroleum Council and Petroleum Marketers are neutral. I'd appreciate your 45 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 364 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 Ayes, 1 Nay, and none voting Present. Senate Bill 364, having received the required constitutional majority, is hereby declared passed. Senate Bill 370. Senator Rauschenberger. Senate Bill 382. Senator Syverson. Madam Secretary, read the bill.
Senate Bill 382. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.
Thank you, Mr. President. Senate Bill 382 adds firefighters and emergency medical technicians to the list of emergency medical care providers the hospital must notify when treating communicable and infectious diseases. I know of no opposition. Appreciate your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 382 pass. All those in favor will vote Aye. Opposed will... Let's try that again. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. And Senate Bill 382, having received the required constitutional majority, is hereby declared passed. 46 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Senate Bill 385. Senator Dillard. Senate Bill 390. Senator Cullerton. Madam Secretary, read the bill, please.
Senate Bill 390. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill is known as the "next of kin" bill. It's similar to laws that exist in Hawaii, Minnesota, Texas and Utah. Purpose of the bill is to make sure that a health care provider takes the appropriate actions to contact the family of a patient who is unresponsive or lacks decisional capacity. This came to my attention due to an unfortunate incident that occurred to a -- a seventy-one-year-old lady from my district who slipped and fell at home, had to go to the hospital. Her daughter, who lived out in California, was never contacted, even though they had the phone number, and six days later, they finally reached her. And by that time, the mother had deteriorated, wasn't able to get her own personal physician, wasn't even able to talk to her and she later died. The Illinois Hospital Association was very helpful in helping draft agreed-upon language, and so that now a reasonable inquiry must be made by the hospital in identifying a member of the patient's family by looking at their personal effects or their medical records. And they should attempt to contact that person within twenty-four hours after they determine that this person is unable to call themselves. So it's agreed-upon language with the Hospital Association. I think it's a very good bill, and I would ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) 47 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Is there any discussion? Senator Hawkinson.
Thank you, Mr. President. Will sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Hawkinson.
Thank you, Senator. I agree this is a necessary piece of legislation. I'm just curious as to what the consequences are if a reasonable effort is not made.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.
The -- the -- I don't know for certain. The Act that's amended is the Surrogate Act. There is a -- there is a -- just one second. This -- this bill amends the Health Care Surrogate Act, which talks about trying to find out whether there's a power of attorney. And in terms of sanctions against the hospital, I'm afraid, would -- you know, somehow be found in that Act, and I don't see it from just the face of it. So perhaps there's not, but it might have some civil liability ramifications if it's violated.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Cullerton, to close. Senator Cullerton, to close.
Thank you, Mr. -- thank you, Mr. President, Members. I think this is a very significant bill, in that I think it would avoid some tragedies, and hope that this lady, Elaine Sullivan, and her family would be the last person that had to go through this traumatic experience. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 390 pass. All those in 48 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. And Senate Bill 390, having received the required constitutional majority, is hereby declared passed. Senate Bill 406. Senator Watson. Madam Secretary, read the bill.
Senate Bill 406. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Thank you, Mr. President. Each year we've addressed the Monetary Award Program and the amount of money we make available to our students going into higher education and this year is no exception. We have a program by which we are going to increase the undergraduate full-time student award to four thousand nine hundred and sixty-eight dollars. That's an increase of -- of two hundred and twenty-eight dollars. And for part-time undergraduate students, to two thousand four hundred and eighty-four dollars, which is an increase of one hundred and fourteen dollars. This is actually in the budget. 10.7 million dollars. So this is -- has no fiscal impact, other than what is already in -- in the Governor's budget.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Rauschenberger.
A couple of questions of the sponsor, if he'll agree...
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Rauschenberger. 49 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
The sponsor does agree that there is no budget yet, since it's the General Assembly that passes budgets. Maybe in the proposed budget, but... Second thing is, does this include -- does this include levels for summer school MAP that has been somewhat controversial in the Appropriation Committee?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Yes. We made that change, I believe, last year, and this does. And I did say the Governor's budget.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Demuzio.
Well, I -- I like Senator Watson's version. I...
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Watson, to close? Question is, shall Senate Bill 406 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, 1 Nay, none voting Present. And Senate Bill 406, having received the required constitutional majority, is hereby declared passed. Senate Bill 430. Senator O'Malley. Senate -- on the bottom of page 10, in the Order of Senate Bills 3rd Reading, is Senate Bill 448. Senator Sieben. Madam Secretary, read the bill.
Senate Bill 448. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Sieben. 50 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
...you -- thank you, Mr. President. Senate Bill 448 is an initiative of the Illinois Snowmobile Association and the Department of Natural Resources to adjust their fee, registration fee, from twelve to eighteen dollars, and then deposit thirty-three percent of that, as opposed to the current twenty-five percent, into the Snowmobile Trail Establishment Fund. I know of no opposition. Ask for your Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 448 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 52 Ayes, 4 Nays, none voting Present. And Senate Bill 448, having received the required constitutional majority, is hereby declared passed.
If I might have your attention for a minute. We're very pleased to have the State Champion Basketball Team from Schaumburg High School. First time they've ever won. Now, Schaumburg -- Schaumburg High School is in Senator Karpiel's district, but I have -- a lot of those kids live in my legislative district. So I'm going to turn it over to Senator Karpiel, so she can introduce the team.
Well, this is a real honor to be up here introducing the State AA Championship Basketball Team. I think it's the first time that a suburbanite has ever been able to do this, and I'm really getting a real charge out of it, Frank, that it's not a downstate school, that we have a suburban. This is the first time -- the first State basketball title for a mid-suburban league team since the inception of the league in 1963. We're all very proud of 'em. 51 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 We're -- it -- Schaumburg is represented by Senator Philip, Senator Jones, myself, and I think Representative Kay Wojcik is here, too. So we -- please give the Schaumburg -- the State Champions a good Senate welcome, please. And I would like to introduce their Coach, Bob Williams, who will introduce his other assistants and the team players.
(Remarks by Coach Bob Williams)
Thank -- thank you very much for honoring this great State championship team. I just want to say, these guys are the biggest thing that happened in Schaumburg since the Woodfield Mall. Thank you very much.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro, what purpose do you rise?
Thank you, Mr. President. Before they leave, Senator Halvorson, if she has bills up later, we will be asking leave if we could -- someone on our side of the aisle could present 'em. She -- her district represents Thornwood, and she's a little choked up that -- they were expected to win, and you guys did a heck of a job. So, poor Senator Halvorson.
PRESIDING OFFICER: (SENATOR DUDYCZ) We will now go back to the Order of Senate Bills 3rd Reading. If you would bring your attention to the top of page 11. Ladies and Gentlemen, we're going back to 3rd Readings. Please take your conferences off the Floor. Thank you. Top of page 11, in the Order of Senate Bills 3rd Reading, is Senate Bill 430. Senator Peterson. Madam -- 450. I beg your pardon. Senator Peterson. Madam Secretary, read the bill.
Senate Bill 450. 52 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson.
Thank you, Mr. President. Senate Bill 450 - under current law, provides that when an objection to a tax levy is filed in the circuit court against the taxing district, the court shall hear and determine the validity of the objection, which shall be defended by the State's attorney in the county where the subject property is located. Senate Bill 450 provides that a taxing district may intervene in any case which an objection is filed against the taxing district's levy by filing an appearance in the case with notice. Know of no opposition. Ask for your support on Senate Bill 450.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 450 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 Ayes, 9 Nays, none voting Present. And Senate Bill 450, having received the required constitutional majority, is hereby declared passed. Senate Bill 452. Senator Jacobs. Madam Secretary, read the bill.
Senate Bill 452. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 53 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Senate Bill 452 authorizes HMOs to offer point-of-service benefits and it establishes reinsurance and capital requirements. Authorizes HMOs to establish annual maximum benefit allowances for point-of-service products. This come out of the committee unanimous. Know of no known -- no known opposition and ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 452 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. And Senate Bill 452, having received the required constitutional majority, is hereby declared passed. Senate Bill 456. Senator Rauschenberger. Madam Secretary, read the bill.
Senate Bill 456. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 456 permissively permits the Capital Development Board to use construction managers in the execution of construction contracts. As everyone's pretty aware, be -- in addition to the school construction grant program and the expansion in our capital program, it's difficult for the Capital Development Board to -- to use staff to manage all the projects. This also requires that -- that a -- a construction manager not be permitted to bid on the job that he manages. I'd appreciate favorable consideration.
PRESIDING OFFICER: (SENATOR DUDYCZ) 54 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Is there any discussion? If not, the question is, shall Senate Bill 456 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, 2 Nays, none voting Present. And Senate Bill 456, having -- 48 voting Aye, 2 voting Nay, none voting Present. And Senate Bill 456, having received the required constitutional majority, is hereby declared passed. Senate Bill 463. Senator Robert Madigan. Madam Secretary, read the bill, please.
Senate Bill 463. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan.
Thank you, Mr. President, Members of the Senate. Senate Bill 463 concerns a instrument that employers purchase for their pension investments from insurance companies called an -- guaranteed investment contract. The purpose of Senate Bill 463 is to protect those reserves that an employer -- as far as that contract and those reserves that are established for those pension funds, in the event that an insurance company goes insolvent, that those funds or reserves that are set aside to protect those pension funds or, in some cases, health insurance plans for retirees are protected. I know of no opposition to Senate Bill 463. Would be happy to answer any questions about Senate Bill 463.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall 463 pass. All those in favor will vote Aye. Opposed will vote Nay. 55 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. And House -- and Senate Bill -- 463, having received the required constitutional majority, is hereby declared passed. Senate Bill 493. Senator Burzynski. Senate Bill 502. Senator Lisa Madigan. Madam Secretary, read the bill.
Senate Bill 502. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 502 came to me from a constituent who had a concern that they didn't know how it was we, in the State Legislature, had appropriated approximately forty-eight billion dollars in our budget last year, and recommended - and I thought it was a good idea - that the Economic and Fiscal Commission would put together a report that would then be publicly distributed through the newspapers every year. And so that's what this bill would provide for. If you have any questions, I'd be happy to answer them.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 502 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 502, having received the required constitutional majority, is hereby declared passed. Senate Bill 518. Senator Clayborne. Senate Bill 521. Senator Clayborne. 56 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Senate Bill 523. Senator Thomas Walsh. Madam Secretary, read the bill.
Senate Bill 523. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
Thank you, Mr. President, Members of the Senate. Senate Bill 523 amends the Fireworks Regulation Act of Illinois and the Fireworks Use Act. The bill enables the -- a municipality, by ordinance, to prohibit the sale and use of sparklers on public property. Be happy to answer any...
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Patrick Welch.
I've got a question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Welch.
Senator, does this ban firecrackers, too, or is it just sparklers?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
To -- to the best of my knowledge, firecrackers are already banned. This would just be sparklers.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
Who came up with the idea of banning sparklers from sidewalks? 57 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 I mean, we've done this for fifty years. We've always lit sparklers and put 'em on sidewalks or down the street. What's the -- why is it suddenly a danger to life and limb? I think everybody here has probably done that at some point in their life and we're all here to tell the tale. Why is it suddenly so dangerous?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
This actually came from a municipality in my district that has a fireworks display every year, and they have a large crowd gathered. And there are many people within the crowd that have the sparklers and they wanted to be able to limit the people in the crowd that had sparklers for the obvious safety reasons.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
They want to limit competition for their display. They don't want competing individuals with -- with sparklers that might take away the attention.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch -- Walsh.
I -- I don't know that it -- that the sparklers are competition for the -- the display, but I think for the safety reasons. And I just found out, there are many injuries that come from sparklers every year. A sparkler, when it is lit, the tip of a sparkler is eighteen hundred degrees. So there can be a lot of danger there, and if you have a large assembly of people, we wouldn't want anybody to get hurt.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? Senator Luechtefeld. 58 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
For purposes of a question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Luechtefeld.
Is -- is this just for the one community or is this in any community, Senator? Maybe you've said that. I -- I don't know. I didn't hear it.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
This would be for -- this would be for any community, so Oaklandville {sic} (Okawville) would be able to do it if they wanted to.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any -- any further discussion? If not, the question is, shall Senate Bill 523 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 34 Ayes, 20 Nays, 1 voting Present. And Senate Bill 523, having received the required constitutional majority, is hereby declared passed. Senate Bill 527. Senator Burzynski. Senate Bill 528. Senate Bill 534. Senate Bill 550. Senator Parker. Senate Bill 575. Senator Welch. Bottom of page 11, in the Order of Senate Bills 3rd Reading, is Senate Bill 606. Senator Rauschenberger. Top of page 12, in the Order of Senate Bills 3rd Reading, is Senate Bill 610. Senator Parker. Senate Bill 647. Senator Cullerton. Madam Secretary, read the bill, please.
Senate Bill 647. (Secretary reads title of bill) 59 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.
Yes, thank you, Mr. President, Members of the Senate. It was brought to my attention just a -- a few weeks ago that a -- a pilot was charged with operating an aircraft while intoxicated. Made an emergency landing in DeKalb County. Got arrested for operating an aircraft while intoxicated. This bill deals with that -- that law - intoxicating persons in or about an aircraft - and what this does is to add to the current law a statement that knowing -- it's against the law to "knowingly consume while a crew member of any aircraft any intoxicating liquor, narcotic drug, or other controlled substance...." And also, it makes the offense -- the current offense of -- of flying an aircraft while you're intoxicated a -- from a Class A misdemeanor to a -- a Class 4 felony. And if there's a repeat offender, could be a -- a Class 3 felony. Be happy to answer any questions, and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) ...there any discussion? Senator Burzynski.
Thank you, Mr. President. I'd just like to add that that pilot was not from DeKalb, however.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Hawkinson.
Thank you, Mr. President. Will sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield. Senator Hawkinson.
How is crew member defined? 60 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.
Current law does not have a definition of crew member, so...
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.
...it's -- it's someone other than -- I mean, it can -- it can be, I believe, people operating the -- the aircraft.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.
Does it include a flight attendant?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.
No.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson? Senator Cullerton, to close.
Just ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) The -- question is, shall Senate Bill 647 pass. All those in favor say Aye -- or, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 56 voting Yes, no voting No, no voting Present. Senate Bill 647, having received the required constitutional majority, is declared passed. Senate Bill 681. Out of the record. Senate Bill 697. Senator Geo-Karis. Madam Secretary, please read the bill.
Senate Bill 697. 61 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Geo-Karis.
Mr. President, Ladies and Gentlemen of the Senate, this bill amends the Counties Code to expand the allowable uses for the special county retailers' occupation tax for public safety to include transportation. It has to be approved by referendum of all the people in Lake County. And it -- it's for one-quarter of one percent. And it'll be -- it's a front-door referendum, and if the people want to have their roads fixed up, well, it's up to them to vote for it. We cannot do it just by passing this legislation. All we're doing by passing this legislation is giving the right to the county board to put it on a referendum and let the people of Lake County decide. We have -- we had a -- a survey taken...
PRESIDING OFFICER: (SENATOR WATSON) Any other discussion? Is there any other discussion? If not, the question is, shall Senate Bill 697 pass. All those in favor vote Aye. Opposed, vote No. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 43 voting Yes, 13 voting No, no voting Present. Senate Bill 697, having received the required constitutional majority, is declared passed. Senate Bill 720. Madam Secretary, please read the bill.
Senate Bill 720. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz. 62 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
Thank you, Mr. President. Senate Bill 720 creates the Broadcast Industry Free Market Act. It prohibits television, radio and cable stations from enforcing non-compete contract clauses against former, and I stress former, employees. Currently, any prospective broadcast employee must sign a non-compete clause as a condition of employment with the company that extends between six months to two years beyond their employment, regardless of whether that employee left that -- that station on their own or not. Senate Bill 720 does not affect non-compete clauses during their employment, and it excludes management and sales personnel to protect trade secrets and confidential information. I'll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 720 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 46 voting Yes, 8 voting No, no voting Present. Senate Bill 720, having received the required constitutional majority, is declared passed. Senate Bill 722. Senator Cronin? Madam Secretary, please read the bill.
Senate Bill 722. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
...you -- thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 722 provides for and focuses on the issue 63 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 of vacancies in the offices of regional superintendents in education. Provides a mechanism for filling those vacancies both in Cook County and downstate. It passed out of the Senate Committee on Education unanimously. I ask for your favorable vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Tom Walsh.
Could -- will the sponsor yield?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Walsh.
Could you tell us, in Cook County specifically, how we would fill that vacancy?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
The bill provides that if a vacancy occurs in the regional superintendent's office for -- for suburban Cook County, the first assistant superintendent will fill the vacancy until the end of the term to which the regional superintendent was elected.
PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh.
Who -- who appoints the first assistant superintendent?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
The problem is, is that in Cook County, as you know, there has not been a authorized person heading up that office for the last couple of years. And in order to -- in order to provide for a -- a system that will -- will allow that office to operate under the 64 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 full authority of law, we have proposed this law that would elevate the first assistant to carry out the balance of the term and then there would be an election, as in the ordinary course.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Shadid.
Yeah. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Shadid.
How is that position filled now?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
There -- the law is silent to this. It -- it goes back a few years. And I was really amused how Senator Dudycz's bill didn't get any questions and now this one's got a lot of questions. But, in any event -- and they're good questions. I always welcome questions. A few years ago, we voted to abolish the Office of Regional Superintendent for Suburban Cook County -- for Cook County. And then, a few years after that, we voted to re-create, or establish, the office. When that legislation re-created the office, there was an oversight, I think, at that time, because there's nothing in the law that addresses the issue of vacancy. In Cook County, in suburban Cook County, the -- the Regional Superintendent in Suburban Cook County, Lloyd Lehman, died about -- it's almost two years now. And the office has been operating, arguably, without authority. And the Cook County Board was reluctant to -- to come to their rescue, and so we in the General Assembly are stepping up and providing some mechanism so that they can carry out their duties through the balance of the term.
PRESIDING OFFICER: (SENATOR WATSON) 65 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Further discussion? Senator Shadid.
Well, it seems to me that if Cook County didn't fill it for two years, no one really missed it. And I'm going to vote No, 'cause I think it's wrong for the regional superintendent to pick his successor, or it automatically goes to the successor, is a person that they picked. And in -- in Peoria -- or, in Tazewell County, if that were to happen, then it'd be the guy's wife who's going to be the regional school superintendent. So I'm opposed to this.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Larry Walsh.
Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WATSON) I don't think he will. Senator Cronin, do you yield for a question from Senator Walsh? Yes, he does.
Senator Cronin, in regards to this -- in regards to this appointment process, by designating who automatically is going to be taking over, aren't we taking away the authority of the county boards to make the appointments?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
Well, given that this applies -- this provision only applies in Cook County, a home rule county, given that they have agreed to and are in support of this, you know, all it does is address situations that are rare. When the superintendent cannot finish their term of office - either illness, death or some other reason - the first assistant is elevated to carry out the balance of the term. 66 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
PRESIDING OFFICER: (SENATOR WATSON) Senator Larry Walsh.
Senator, maybe -- I didn't hear your phrase. Is this legislation dealing only with the procedure in Cook County?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
With respect to the question about the subject matter you were addressing, only applies to Cook County.
PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh.
Okay. The -- the other issue, it's my understanding that the -- a member of the same party -- if -- if a -- if a superintendent of schools is elected under the Republican banner or the Democratic banner, the replacement, if there is a vacancy, the person that replaces him has to be a member of the same party. What happens if -- if the first assistant is not a member of the same party? Or maybe that doesn't exist in -- in Cook County.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
This law -- this proposal is silent. Sort of consistent with our bipartisan spirit this year.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Demuzio.
Well, I -- I hate to weigh in on this thing myself, but let me -- let me ask you, the -- there is no process now, and this process simply says that whoever is the assistant, and there's a vacancy in the County of Cook, it goes to the assistant, is that 67 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 correct?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
Yes.
PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio.
I don't like that system either. The problem is -- do you have any other alternatives that you are going to bring to the General Assembly? I mean, in -- in years past, it had been the county board of the -- county board of the counties that were affected would cast their weighted votes in order to fill the vacancy. And what is wrong with that process? Why are we not doing it -- doing that?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
This is a unique situation, because -- I don't want to speak for the County Board in the County of Cook; you'd have to ask them. But suffice is to say, they're supportive of this. They made a concerted decision not to act. You know, this is a creation of the General Assembly. It's had sort of a unusual history, but the bottom line is, is that you've got some people in this office that are trying to do their job and they have no mechanism for how vacancies are filled and how the office is to run under the authority of law in the event that the regional superintendent passes away or cannot fill the balance of their term. Now, I'd be delighted if the County of Cook wanted to step forward and provide a mechanism, but the fact of the matter is, they have not.
PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio. 68 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
Well, the only problem we have is, is that, one, there was a vacancy. The current -- current assistant was named by the State Board of Education to be the acting superintendent, and there's a provision in here now that says that the acting superintendent becomes the superintendent and that the order of succession, if there's a vacancy, would automatically be the assistant. And I think -- is -- do I have this -- did I say that correctly?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
Yes, I think so.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Myers, Judy Myers.
Thank you, Mr. President, Members of the Assembly. The other part of this bill deals with the fact that there aren't any codified rules for a vacancy in the office of regional superintendent of schools. It was felt that we needed to put something into law so that we knew how to deal with either someone who has passed away or someone who resigns from that position. What this does is allow the -- for the election of that person at the next general election, and it makes it exactly the same as any other county officer who would have a vacation of an office. And it -- it does make it clear to everyone in any part of the State as to how that would be handled and when they would then have to run for election. So I wanted to make sure that everyone understood that also is part of this bill.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Hawkinson.
Will the sponsor of the amendment yield for a question? Or 69 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 the...
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin will yield. Yes, sir.
Senator Myers, does the county board then, under your amendment, appoint someone of the -- of the same political party to that position? And I assume your amendment does not make that person automatically the -- an assistant in the office. Is that correct?
PRESIDING OFFICER: (SENATOR WATSON) Senator Myers.
Senator Hawkinson, my understanding is, it would be exactly as any other county officer whose -- whose position is vacated. It's up to the county board to appoint someone of that same party to fill in for that person until the next election, when they would have to run for election with the whole -- whole populace -- voting populace. Just like a State Senator does, too.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Demuzio, for a second time.
I hate to rise for a second time, but let me -- let me go on with what -- Representative -- or, Senator Myers had just said. Does this change the process of selecting the regional superintendent if there's a vacancy in any other county other than the county that you are attempting to -- any county other than Cook?
PRESIDING OFFICER: (SENATOR WATSON) Senator Myers.
There had been a problem with a vacancy. The State Board did allow this procedure to go on by rule. They felt that it needed 70 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 to be codified and -- and specifically stated for that particular office so that the -- the same rule would apply. It would be someone from the same party until the election would be held to fill that position in the downstate areas, as we live in.
PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio.
Well, I'm not sure I'm for that second part of this bill. And I don't mind the first part of this bill, but that would mean that if I had a vacancy of regional superintendent in my area that encompasses three counties, that if there were a vacancy for twenty-eight months, that automatically the -- the first assistant becomes the regional superintendent? The process is now, is that if there is a vacancy in the office of regional superintendent, then the weighted votes of the counties involved in the process are those that are the determining factor as to who is the replacement as the regional superintendent. Are we changing that in any way?
PRESIDING OFFICER: (SENATOR WATSON) Senator Myers.
If there are more than twenty -- more than twenty-eight months left, that's when this takes effect, because that was the case that happened. Otherwise, it's -- it's as it is now.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Tom Walsh, for a second time.
Well, I -- I hate to get up for a second time, but I, like Senator Demuzio, feel that that's the way it ought to be done in suburban Cook County. I don't know why we don't have the weighted votes of the township committeemen in this case. I mean, this is a political office, isn't it? Do they -- do they run as 71 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Republican and Democrat? Do -- do they have to have a certain qualification to be the regional superintendent of school? You have to have -- you have to have on file what kind of qualifications?
PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh, would you like to have those questions answered on the record?
Yes.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
I -- there are certain requirements for someone who wants to seek this office. I don't know all of them, but I know there's residency requirements, for starters. You have to have a degree in education, and -- and those are the two that I know off the top of my head.
PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh.
So -- so there is an education, and what about for the assistant?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
I believe it's the same.
PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh.
The -- the problem that I have is, we're giving the -- the regional superintendent, it seems to me, particularly in Cook County and, I -- I don't know, it sounds like in the other 72 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 counties, a -- a lot of leeway here. And in -- in, I don't know, is it Tazewell County that Senator Shadid talked about, that the guy's going to have his -- his wife could be appointed. He could resign and his wife automatically then becomes the -- the regional superintendent of schools, and that, seems to me, what would -- would be happening. It -- it just doesn't seem like a good idea. This is a political office. We ought to have the replacement appointed the same way that we would replace any Member of the Senate.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? If not, Senator Cronin, to close.
You know, why don't we take it out of the record. We have a little time left and maybe we can try to -- try to address some of these issues and address some of the questions that have been raised here. So, may I please take it out of the record?
PRESIDING OFFICER: (SENATOR WATSON) You may. Senator Sullivan, for what purpose do you rise?
Purposes of an announcement.
PRESIDING OFFICER: (SENATOR WATSON) State your announcement, sir.
Thank you, Mr. President. The hardworking Members of the Senate's Telecommunications Subcommittee will meet in Room 212 immediately following the Republican Caucus, which is estimated to take one hour. So one hour after the caucus starts. Room 212. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) We are not going to be adjourning. We do have some advice and consent business to do. And we will now proceed to the Executive Session for the purpose of advice and consent. Senator DeLeo, for 73 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 a motion. SENATOR DeLEO: Thank you, Mr. President. I'd like to move that the Senate resolve itself into Executive Session for the purpose of acting on the Governor's appointments set forth in his Message on January 31st, 2001, and on February 20th, 2001.
PRESIDING OFFICER: (SENATOR WATSON) You've heard the motion. All in favor, say Aye. Opposed, Nay. The motion carries and we are now in Executive Session. Mr. Secretary, Committee Reports.
Senator DeLeo, Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of January 31st, 2001, reported the same back with the recommendation the Senate advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR WATSON) Senator DeLeo. SENATOR DeLEO: Thank you, Mr. President. With respect to that Message of January 31st, 2001, I would like to read the salaried appointments in which the Senate Committee on Executive Appointments recommends that the Senate do advise and consent. I'd like to start with the Department of {sic} (on) Aging.
PRESIDING OFFICER: (SENATOR WATSON) Go ahead and proceed. SENATOR DeLEO: Department of Aging that would be -- term ending January 20th, 2003: Margo Schreiber of Glen Ellyn. Department of Agriculture, ending -- term ending January 20th, 2003: Joe Hampton of Windsor. Department of Central Management Services, term ending January 20th, 2003: Michael Schwartz of Springfield, to be the Director. 74 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Department of Children and Family Services, to be the Director, term ending January 20th, 2003: Jess McDonald of Springfield. To be the Director of the Department of Commerce and Community Affairs, a term ending January 20th, 2003: Pam McDonough of Springfield. Department of Corrections, to be the Director, term ending January 20th, 2003: Donald N. Snyder of Pittsfield. Department of Employment Security, to be the Director, a term ending January 20th, 2003: Gertrude W. Jordan of Chicago. Department of Financial Institutions, to be the Director, a term ending January 20th, 2003: Sarah Vega of Chicago. Department of Human Rights, to be the Director, a term ending January 20th, 2003: Carlos Salazar of Chicago. Department of Human Services, to be the Secretary of Human Services, a term ending January 20th, 2003: Linda Renee Baker of Springfield. Department of Insurance, to be the Director, a term ending January 20th, 2003: Nate Shapo of Chicago. Department of Labor, to be the Director, a term also ending on January 20th, 2003: Robert Healey of Homewood, Illinois. For the Department of Lottery, to be the Director, a term also ending January 20th, 2003: Lori S. Montana of Chicago. Department of Natural Resources, to be the Director, a term ending January 20th, 2003: Gordon Brent Manning of Pawnee. Department of Nuclear Safety, Director, a term ending January 20th, 2003: Tom Ortciger of Leland Grove. Department of Professional Regulation, Director, a term ending January 20th, 2003: Leonard A. Sherman of Chicago. Department of Public Health, to be the Director, a term ending January 20th, 2003: John R. Lumpkin of Chicago. Department of Revenue, to be the Director, a term ending 75 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 January 20th, 2003: Glen Bower of Effingham. Department of State Police, to be the Director, a term ending January 20th, 2003: Samuel W. Nolen of Springfield. Department of Transportation, Secretary of Transportation, a term ending January 20th, 2003: Robert Kirkland Brown of Sherman. Department of Veteran Affairs, to be the Director, a term also ending January 20th, 2003: John Johnston of Springfield. Emergency Management Agency, also to be the Director, a term ending January 20th, 2003: Michael Chamness of Rochester. Environment Protection -- Environmental Protection Agency, to be the Director, a term ending January 20th, 2003: Tom Skinner of Lake Bluff. State Fire Marshal, to be the State Fire Marshal, a term also ending January 20th, 2003: Ernest Russell of Peoria. Mr. President, having read the salaried appointments from the Governor's Message of January 31st, 2001, I now seek leave to consider the appointments of January 31st, 2001, on a roll call. Mr. President, would you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? Any discussion? If not, the question is, does the Senate advise and consent to the nominations just made. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 54 voting Yes, no voting No, no voting Present. Majority of Senators elected concurring by a record vote, the Senate does advise and consent to the nominations just made. Mr. Secretary.
Senator DeLeo, Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of 76 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 February 20th, 2001, reported the same back with a recommendation the Senate advise and consent to the following appointment.
PRESIDING OFFICER: (SENATOR WATSON) Senator DeLeo. SENATOR DeLEO: Thank you, Mr. President. With respect to the Message of February 20th, 2001, I will read the salaried appointment of which the Senate Committee on Executive Appointments recommends that the Senate do advise and consent. Mr. President, we have one further appointment. It would be the Department of the -- Public Aid, to be the Director, also a term ending January 20, 2003: Jacqueline Sue Garner of Springfield, Illinois, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? Any discussion? If not, the question is, does the Senate advise and consent to the nomination just made. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 55 voting Yes, no voting No, no voting Present. A majority of the Senators elected concurring by a record vote, the Senate does advise and consent to the nomination just made. Senator DeLeo. SENATOR DeLEO: Thank you very much, Mr. President. I move that the Senate arise from Executive Session.
PRESIDING OFFICER: (SENATOR WATSON) You've heard the motion. Those in favor, say Aye. Opposed, Nay. Motion carries. We're going to go to page 17. House Bills 2nd Reading, on page 17. Senator Clayborne. Senator Clayborne. Page 17. Top of page 17. House Bills 2nd Reading. Mr. Secretary, please read the bill. 77 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001
House Bill 258. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Resolutions, Mr. Secretary.
Senate Resolution 88, offered by Senators Syverson, Peterson and others. Senate Resolution 89, by Senator Lauzen. And Senate Joint Resolution 19, offered by Senator Rauschenberger. They're all substantive.
PRESIDING OFFICER: (SENATOR WATSON) Messages from the House.
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 bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bills 253, 400, 445, 605, 714, 1692, 2254, 2268, 2556 and 3145. All passed the House, March 22nd, 2001.
PRESIDING OFFICER: (SENATOR WATSON) We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolution on the Consent Calendar?
No objections have been filed, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 78 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The motion carries, and the resolutions are adopted. Resolutions, Mr. Secretary.
Senate Joint Resolution 20, offered by Senator Weaver. (Secretary read SJR No. 20)
PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution -- 20. Those in favor, say Aye. Opposed, Nay. The Ayes have it. The rules are suspended. Senator Weaver has moved for the adoption of Senate Joint Resolution 20. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Is there any further business to come before the Senate? House Bills 1st Reading.
House Bill 2, offered by Senator Mahar. (Secretary reads title of bill) House Bill 154, offered by Senator Halvorson. (Secretary reads title of bill) House Bill 190, offered by Senator Burzynski. (Secretary reads title of bill) House Bill 254, offered by Senator Robert Madigan. (Secretary reads title of bill) House Bill 267, offered by Senator Robert Madigan. (Secretary reads title of bill) House Bill 269, offered by Senator Jacobs. (Secretary reads title of bill) House Bill 390, offered by Senators Karpiel and Cronin. (Secretary reads title of bill) House Bill 583, offered by Senator Cronin. 79 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 (Secretary reads title of bill) House Bill 700, offered by Senator Sieben. (Secretary reads title of bill) House Bill 1060, offered by Senator Geo-Karis. (Secretary reads title of bill) House Bill 1095, offered by Senator del Valle. (Secretary reads title of bill) House Bill 1696, offered by Senator Donahue. (Secretary reads title of bill) House Bill 1785, offered by Senator Karpiel. (Secretary reads title of bill) House Bill 1972, offered by Senator Sieben. (Secretary reads title of bill) House Bill 2140, offered by Senator Jacobs. (Secretary reads title of bill) House Bill 2143, offered by Senator Sieben. (Secretary reads title of bill) House Bill 2157, offered by Senator O'Malley. (Secretary reads title of bill) House Bill 2218, offered by Senators Parker and Molaro. (Secretary reads title of bill) House Bill 2255, offered by Senator Watson. (Secretary reads title of bill) House Bill 2398, offered by Senator Larry Walsh. (Secretary reads title of bill) House Bill 2994, offered by Senator Robert Madigan. (Secretary reads title of bill) And House Bill 3214, offered by Senator Peterson. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR WATSON) Is there any further business to be brought before the Senate? 80 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 16th Legislative Day March 22, 2001 If not, pursuant to the adjournment resolution, Senator Welch moves that the Senate stand adjourned until noon, Tuesday, March 27th. Have a good weekend. 81