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 William Burton, Jerome United Methodist Church, Jerome, Illinois. Reverend Burton.
(Prayer by the Reverend William Burton)
Please remain standing for the Pledge of Allegiance. Senator Radogno. Reading of the Journal. Senator Myers.
Mr. President, I move that reading and approval of the Journals of Tuesday, March 27th, and Wednesday, March 28th, in the year 2001, be postponed, pending arrival of the printed Journals.
Senator Myers moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There being no objection, so ordered. Committee Reports.
Senator Klemm, Chair of the Committee on Executive, reports Senate Bills 1195, 1196, 1197, 1198, 1199, 1200, 1201 and 1202 Do Pass. Senator Tom Walsh, Chair of the Committee on State Government Operations, reports Senate Bills 70, 500, 635, 789, 799, 834, 845, 960, 1166, 1175, 1209, 1210, 1213, 1214 and 1519 Do Pass; and Senate Bills 557, 860, 1039, 1075, 1151 and 1173 Do Pass, as Amended. Senator Peterson, Chair of the Committee on Revenue, reports Senate Bills 38, 57, 58, 89, 146, 208, 496, 497, 538, 573, 598, 970 and 1111 Do Pass; Senate Bills 22, 55, 75, 173, 206, 417, 508, 713 and 729 Do Pass, as Amended; Senate Amendment 1 to Senate 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Bill 1116 Be Adopted. Senator Lauzen, Chair of the Committee on Commerce and Industry, reports Senate Bills 542, 603 and 965 Do Pass, as Amended. And Senator Burzynski, Chair of the Committee on Licensed Activities, reports Senate Bills 473, 1107, 1225, 1226, 1227, 1229, 1230, 1231, 1283, 1284 Do Pass; and Senate Bills 318, 526, 633, 751 and 1522 Do Pass, as Amended.
If I could have your attention for one minute, please. That we have a birthday to celebrate today. Senator Geo-Karis' birthday. And she's thirty-nine years old again. And we're so happy to have her here with us. Geo, will you please stand up and be recognized? Walter, for what purpose do you rise?
Thank you, Mr. President. On a point of personal privilege.
State your point.
In honor of Senator Geo-Karis' birthday, I have some out-of-town guests that have joined us this -- this morning. And I would like for the Senate to welcome, from the Northern Illinois University, Professor Dr. Myron Kuropos and his wife, Lesia. And with them we have some out-of-the-country guests. We have Mr. Ihor Pasichnyk. He's the Rector of the University of Oztroh, Volyn, in Ukraine. And we have the Vice-Rector Natalia Lominska, and I'd like for the Senate to welcome our guests to Illinois.
If they'd please rise and be recognized by the Senate. Nice to have you here. And Geo-Karis has provided a wonderful cake up here to the -- your right of the Podium. So, help yourself. Committee Reports. 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Senator Weaver, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Commerce and Industry Committee - Senate Amendment No. 1 to Senate Bill 62; refer to Education Committee - Senate Amendment No. 1 to Senate Bill 107; refer to Executive Committee - Senate Amendment No. 1 to Senate Bill 269; refer to Insurance and Pensions Committee - Senate Amendment No. 3 to Senate Bill 333, Senate Amendment No. 1 to Senate Bill 941; refer to Judiciary Committee - Senate Amendment No. 2 to Senate Bill 24, Senate Amendment No. 2 to Senate Bill 39, Senate Amendment No. 2 to Senate Bill 138, Senate Amendment No. 2 to Senate Bill 430, and Senate Amendment No. 1 to Senate Bill 797; refer to Public Health and Welfare Committee - Senate Amendment No. 1 to Senate Bill 373, Senate Amendment No. 2 to Senate Bill 1081; refer to State Government Operations Committee - Senate Amendment No. 1 to Senate Bill 1047; refer to Transportation Committee - Senate Amendment No. 1 to Senate Bill 627 and House Joint Resolution 9; Be Approved for Consideration - Senate Amendment No. 2 to Senate Bill 164, Senate Amendment No. 1 to Senate Bill 209, Senate Amendment No. 2 to Senate Bill 273, Senate Amendment No. 3 to Senate Bill 405, Senate Amendment No. 1 to Senate Bill 540, Senate Amendment No. 1 to Senate Bill 575, Senate Amendment No. 1 to Senate Bill 617, Senate Amendment No. 1 to Senate Bill 778, Senate Amendment No. 2 to Senate Bill 817, Senate Amendment No. 1 to Senate Bill 880, Senate Amendment No. 2 to Senate Bill 940, Senate Amendment No. 2 to Senate Bill 950, Senate Amendment No. 1 to Senate Bill 984, and Senate Amendment No. 2 to Senate Bill 1276. March 29, 2001.
If I could just have your attention, once again, to remind the Body we have three hundred and sixty bills on 2nd and 3rd Reading. 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 This is the last week to -- to move your bills out of committee. And so we ought to -- we're going to work till probably 5 o'clock tonight, maybe a little later, so we can get some stuff done so maybe we don't have to work too late on Friday. But the intention's to work till -- at least till 3 o'clock on -- on Friday. If we can get done earlier, fine. So, without further ado, the top of page 2. Senate Bills 2nd Reading. Senate Bill 10. Senator Mahar. Senator Mahar. Read the bill, Madam Secretary.
Senate Bill 10. (Secretary reads title of bill) 3rd Reading of the bill -- pardon me. 2nd Reading of the bill. No committee amendments or Floor amendments.
3rd Reading. Senate Bill 11. Senator Mahar. Take it out of the record. Senate Bill 16. Senator O'Malley. Take it out of the record. Senate Bill 30. Senator Geo-Karis. Read the bill, Madam Secretary.
Senate Bill 30. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 42. Senator Hawkinson. Senator Hawkinson. 42. Take it out -- take it out of the record. Senate Bill 71. Senator Sullivan. Read the bill, Madam Secretary.
Senate Bill 71. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 reported.
3rd Reading. Senate Bill 72. Take it out of the record. Senate Bill 88. Senator Rauschenberger. Senator Rauschenberger. Take it out of the record. Senate Bill 94. Senator Watson. Senator Watson. Take it out of the record. Senate Bill 114. Senator Radogno. Senator Radogno. Take it out of the record. Senate Bill 133. Senator Parker. Senator Parker. Read the bill, Madam Secretary.
Senate Bill 133. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.
Have there been any Floor amendments?
No further amendments reported.
3rd Reading. Senate Bill 136. Senator O'Malley. Read the bill, Madam Secretary.
Senate Bill 136. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Committee Amendment No. 1.
Have there been any Floor amendments been approved for consideration?
No further amendments reported.
5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 3rd Reading. Senate Bill 150. Senator O'Malley. Senator O'Malley. Read the bill. I'm sorry, you snuck up on me. Read the bill, Madam Secretary.
Senate Bill 150. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 151. Senator Watson. Senator Watson. Take it out of the record. Senate Bill 163. Senator Syverson. Senator Syverson. Take it out of the record. Senate Bill 170. Senator Myers. Read the bill, Madam Secretary.
Senate Bill 170. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 172. Senator Dillard. Take it out of the record. Senate Bill 193. Senator Dudycz. Senator Dudycz. Take it out of the record. Senate Bill 213. Senator Roskam. Senator Roskam. Read the bill, Madam Secretary.
Senate Bill -- pardon me. Senate Bill 213. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted Committee Amendment No. 1.
Have there been any Floor amendments approved for consideration?
6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 No further amendments reported.
3rd Reading. Senate Bill 216. Senator Karpiel. Senator Karpiel. Take it out of the record. Whoop! I'm sorry. Read the bill, Madam Secretary.
Senate Bill 216. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.
3rd Reading. Oh! Excuse me. I'm sorry. Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
3rd Reading. Senate Bill 251. Senator Dillard. Senator Dillard. Take it out of the record. Senate Bill 261. Senator Burzynski. Senator Burzynski. Read the bill, Madam Secretary.
Senate Bill 261. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 269. Senator Halvorson. Senator Halvorson. Take it out of the record. Senate Bill 284. Senator Jacobs. Read the bill, Madam Secretary.
Senate Bill 284. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Committee Amendment No. 1.
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
3rd Reading. Senate Bill 326. Senator Link. Senator Link. Read the bill, Madam Secretary.
Senate Bill 326. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 333. Senator Tom Walsh. Senator Tom Walsh. Take it out of the record. Senate Bill 356. Senator Karpiel. Senator Karpiel. Take it out of the record. Senate Bill 372. Senator Radogno. Take it out of the record. Senate Bill 377. Senator Noland. Senator Noland. Read the bill, Madam Secretary.
Senate Bill 377. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Committee Amendment No. 1.
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 3rd Reading. Senate Bill 384. Senator Parker. Read the bill, Madam Secretary.
Senate Bill 384. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. Senate Bill 392. Senator Mahar. Senator Mahar. Take it out of the record. Senate Bill 397. Senator Radogno. Read the bill, Madam Secretary.
Senate Bill 397. (Secretary reads title of bill) 2nd Reading of the bill. Committee on Judiciary adopted Committee Amendment No. 1.
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
3rd Reading. Senate Bill 405. Senator Sieben. Senator Sieben. Take it out of the record. Senate Bill 434. Senator Parker. Read the bill.
Senate Bill 434. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
3rd Reading. 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker, for what purpose do you rise?
For a point of personal privilege.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Speak your point, please.
I have a constituent, and also Senator Peterson's constituent, two friends -- we are both -- she votes in both districts. It's Laura Werner...
PRESIDING OFFICER: (SENATOR GEO-KARIS) Quite unusual.
...and -- and -- and her daughter, Leah Werner, is with me today. Please -- would they please stand, and please give them a warm welcome.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Welcome to Springfield. We're at the top of the page, page 4. Senator Parker. 437? Read the bill, Madam Secretary.
Senate Bill 437. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. 441. Senate Bill 441. Senator Parker? Senate Bill 445. Senator Sullivan? Senator Sullivan? Out of the record. Senate Bill 453. Senator Jacobs? Read the bill. No. Out of the record. Sorry. Senate Bill 458. Senator Rauschenberger? 458? Read the bill, ma'am.
Senate Bill 458. 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 461. Senator Rauschenberger? Read the bill, Madam.
Senate Bill 461. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 471. Senator Parker? Read the bill, Madam Secretary.
Senate Bill 471. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 489. Senator Molaro. Senator Molaro? Out of the record. Senate Bill 517. Senator Dillard? Out of the record. Senate Bill 540. Senator Lauzen? Senator Lauzen? Senate Bill 540? Read -- read the bill, Madam Secretary.
Senate Bill 540. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
Floor Amendment No. 1, offered by Senator Lauzen. 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Lauzen, to explain your amendment.
This was a technical adjustment to Senate Bill...
PRESIDING OFFICER: (SENATOR GEO-KARIS) Just a moment, Senator Lauzen. Ladies and Gentlemen of the Senate, since it's my birthday, will you indulge me by some peace and quiet while we listen to the -- Senator Lauzen.
Thank you, Madam President. And, by the way, happy birthday.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you.
This adds language requested by the Revenue Committee to limit applicability to replacement tanks for nonresidential use.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any comments or questions? Hearing none, all those in favor of this amendment, signify by saying Aye. All opposed. In the opinion of the Chair, the Ayes have it. The amendment's carried. Any further amendments?
No further amendments reported, Madam Secretary {sic}.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 544. Senator -- Ronen? Read the bill, Madam Secretary.
Senate Bill -- Senate Bill 544. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 548. Senator Sieben. Out of the 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 record. Senate Bill -- 556. Senator -- Senator Burzynski? Read the bill, Madam Secretary.
Senate Bill 556. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 558. Senator Rauschenberger? Read the bill, Madam Secretary.
Senate Bill 558. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 571. Senator Watson? Senator Watson? 571? Out of the record. Senate Bill 602. Senator Halvorson. Out of the record. Senate Bill 608. Senator Syverson? Senator Syverson? Out of the record. Excuse me. Senate Bill 616. Senator Link -- I mean, Senator Peterson. Read the bill, Madam Secretary.
Senate Bill 616. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 617. Senator Peterson. Read the bill, Madam Secretary.
Senate Bill 617. 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senate Bill -- any Floor amendment?
Floor Amendment No. 1, offered by Senator Peterson.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Peterson, will you explain the amendment, please?
Thank you, Madam President. Amendment 1 is a technical amendment. It went through the Rules Committee. I ask for adoption of Amendment 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- any comments or questions? Hearing none, all those in favor, signify by saying Aye. All opposed. In the opinion of the Chair, the Ayes have it. The amendment's adopted. Any further amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 627. Senator Philip? Senator Philip? 627? Senator Philip? Out of the record. Senate Bill 632. Senator Sullivan. Out of the record. Senate Bill 634. Senator Munoz? Out of the record. Senate Bill 640. Senator Cullerton? Out of the record. Senate Bill 653. Senator Lauzen. Senator Lauzen? Out of the record. Senate Bill 657. Senator Halvorson? Out of the record. Senate Bill 660. Senator Roskam. Where is Pete? Senator -- read the bill.
Senate Bill 660. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported, Madam -- President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. 664. Senate Bill 664. Senator Noland? Out of the record. Senate Bill 686. Senator Halvorson? Read the bill, Madam Secretary.
Senate Bill 686. (Secretary reads title of bill) 2nd Reading of the bill. The -- Committee on Judiciary adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 687. Senator Dillard? 687. Out of the record. Senate Bill 694. Senator Mahar? Senator Mahar, is that on or off? Out of the record. Senate Bill 696. Senator Radogno. Senator Radogno? Senator Radogno? Out of the record. Senate Bill 698. Senator Radogno. Out of the record. Senate Bill 699. Senator Dillard. Read the bill, Madam Secretary.
Senate Bill 699. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further amendments from the Floor? 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 717. Senator Cronin. Out of the record. Senate Bill 724. Senator Shaw? Out of the record. Senate Bill 725. Senator Clayborne? 725. Senator Clayborne? Out of the record. Senate Bill 727. Senator Klemm? Out of the record. Senate Bill 750. Senator Radogno. 750. Out of the record. Senate Bill 754. Out of the record. Senate Bill 756. Senator Lauzen. Out of the record. Senate Bill 759. Senator Burzynski? Read the bill, Madam Secretary.
Senate Bill 759. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 778. Senator Weaver. Senator Weaver? 778. Out of the record. Senate Bill 788. Senator Noland. Out of the record. Senate Bill 794. Senator Lauzen. Out of the record. Senate Bill 795. Senator Lauzen. Out of the record. Senate Bill 796. Out of the record, for Senator Lauzen. Senate Bill 823. Senator Bomke? Senator Bomke? 823. Read the bill, Madam Secretary.
Senate Bill 823. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 832. Senator Rauschenberger. Read the bill, Madam Secretary. 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Senate Bill 832. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 847. Senator Rauschenberger. Read the bill, Madam Secretary.
Senate Bill 847. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 856. Senator Peterson. Out of the record. Senate Bill 880. Senator Dillard. Read the bill, Madam Secretary.
Senate Bill 880. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
Senator Dillard -- pardon me. Floor Amendment No. 1, offered by Senator Dillard.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.
Thank you, Madam President. This amendment requires that all fees established by the Department of Nuclear Safety for the testing of community water supply samples must be reasonable and 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 must reflect the direct and indirect cost of testing community water supply samples. This proposed amendment and change, which was discussed in committee, removes the opposition of the American Water Works Association to the bill, which I believe, if this is adopted, there will be no opposition to this bill. And I'd move its adoption.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- any discussion? Hearing none, all those in favor, signify by saying Aye. All opposed, Nay. And the opinion of the Chair, the Ayes have it. The amendment's adopted. Any further amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 889. Senator Donahue? Out of the record. Senate Bill 914. Senator Donahue? Read the bill, Madam Secretary.
Senate Bill 914. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 921. Senator Lauzen? Out of the record. Senate Bill 923. Senator Lauzen. Out of the record. Senate Bill 926. Senator Dudycz. Out of the record. Senate Bill 930. Senator Parker? Senator Parker. 930. Out of the record. Senate Bill 932. Senator Karpiel. Read the bill, Madam Secretary.
Senate Bill 932. (Secretary reads title of bill) 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 2nd Reading of the bill. The Committee on Education adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 933. Senator Petka. Senator Petka. 933. Out of the record. Senate Bill 938. Senator Madigan? Lisa Madigan? Read the bill, Madam Secretary.
Senate Bill 938. (Secretary reads title of bill) 2nd Reading of the bill. The -- no committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senator Madigan. 940. Senate Bill 940. Read the bill, Madam Secretary.
Senate Bill 940. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further amendments, or Floor amendments?
Floor Amendment No. 2, offered by Senator Lisa Madigan.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Would you -- Senator Madigan, describe your amendment.
Thank you, Madam President. Senate Amendment No. 2 simply clarifies that the offense will be a Class 3 felony, just to clarify that. And I think we had initially drafted it so it was a Class 4 felony, and we wanted to make sure that that change was made.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Hearing none, all those in favor, indicate by signifying Aye. All opposed, Nay. In the opinion of the Chair, the Ayes have it. The amendment is adopted. Any further amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 942. Senator Robert Madigan. Senator Robert Madigan? Out of the record. Senate Bill 943. Senator Robert Madigan. Out of the record. Senate Bill 944. Senator Robert Madigan. Out of the record. Senate Bill 943 -- 945. Senator Karpiel. Read the bill, Madam Secretary.
Senate Bill 945. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further amendments from the Floor?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 946. Senator Karpiel. Read the bill, Madam Secretary. 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Senate Bill 946. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 947. Senator Noland? Out of the record. Senate Bill 959. Senator Thomas Walsh? Thomas Walsh. Out of the record. Senate Bill 979. Senator Parker? Read the bill, Madam Secretary.
Senate Bill 979. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further amendments, or from the Floor?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 980. Senator Munoz? Senate Bill -- out of the record. 984. Senator Hawkinson. Read the bill, Madam Secretary.
Senate Bill 984. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Any Floor amendments?
Floor Amendment No. 1, offered by Senator Hawkinson.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hawkinson, to explain the amendment.
Thank you, Madam President. This amendment was requested by the Revenue Committee. It places a four-year sunset on the bill. I would urge its adoption.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, all those in favor, signify by saying Aye. All opposed, Nay. Opinion of the Chair, the Ayes have it. The amendment is adopted. Any further amendments?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 991. Senator Viverito. Senator Viverito? Out of the record. Senate Bill 993. Senator Philip. Senator Philip? 993. Out of the record. Senate Bill 1014. Senator Rauschenberger. Out of the record. Senate Bill 1017. Senator Karpiel? Read the bill, Madam Secretary.
Senate Bill 1017. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 3rd Reading. Senate Bill 1032. Senator Philip. 1032? Out of the record. Senate Bill 1033. Thomas -- Senator Thomas Walsh. Read the bill, Madam Secretary.
Senate Bill 1033. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1035. Senator Sieben? Senator Sieben? Out of the record. Senate Bill 1050. Senator Petka. Senator Petka? Out of the record. Senate Bill 1058. Senator Myers. Read the bill, Madam Secretary.
Senate Bill 1058. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Myers, to explain the amendment. Any further amendments?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) None from the Floor? 3rd Reading. Sorry. I thought -- I thought I saw an amendment there. Senate Bill 1065. Senator Cronin. Senator Cronin? Read the bill, Madam Secretary.
23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senate Bill 1065. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendments 1 and 2.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1069. Senator Noland? Out of the record. Senate Bill 1080. Senator Jacobs? Read the bill, Madam Secretary.
Senate Bill 1080. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1039 {sic}. Senator O'Malley. Read the bill, Madam Secretary.
Senate Bill 1093. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1094. Senator O'Malley. Read the bill, Madam Secretary. 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Senate Bill 1094. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1095. Senator O'Malley. Read the bill, Madam Secretary.
Senate Bill 1095. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1098. Wendell Jones? Senate Bill 1098. Senator Wendell Jones. Read the bill, Madam Secretary.
Senate Bill 1098. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. We had a request, Ladies and Gentlemen of the Senate, from FOX News Channel for permission to videotape our 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Session. And the Illinois Information Service wants permission to videotape today's proceedings. Is there leave? Leave is granted. In the opinion of the Chair, leave is granted. Senate Bill 1116. Senator Clayborne. Senator Clayborne? Out of the record. Senate Bill 1126. Senator Robert Madigan. Read the bill, Madam Secretary.
Senate Bill 1126. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1137. Senator Rauschenberger. Out of the record. Senate Bill 1148. Senator Molaro. Out of the record. Senate Bill 1180. Senator Thomas Walsh. Thomas Walsh? Out of the record. Senate Bill 1182. Senator Weaver. Read the bill, Madam Secretary.
Senate Bill 1182. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1183. Senator Weaver. Read the bill, Madam Secretary.
Senate Bill 1183. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1184. Senator Weaver. Read the 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 bill, Madam Secretary.
Senate Bill 1184. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1185. Senator Weaver. Read the bill.
Senate Bill 1185. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1186. Senator Weaver. Read the bill, Madam Secretary.
Senate Bill 1186. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1187. Senator Weaver? Read the bill, Madam Secretary.
Senate Bill 1187. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1188. Senator Weaver. Read the 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 bill, Madam Secretary.
Senate Bill 1188. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1189. Senator Weaver. Read the bill, Madam Secretary.
Senate Bill 1189. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1190. Senator Cronin? Read the bill, Madam Secretary.
Senate Bill 1190. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1192. Senator Parker? Senator Parker. Senate Bill 1192. Read the bill, Madam Secretary.
Senate Bill 1192. (Secretary reads title of bill) 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1194. Senator Parker. Read the bill, Madam Secretary.
Senate Bill 1194. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1208. Senator Rauschenberger. Read the bill, Madam Secretary.
Senate Bill 1208. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1240. Senator Cronin. Read the bill, Madam Secretary.
Senate Bill 1240. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Can we have a little more order, if you please? 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senate Bill 1241. Senator Cronin? Read the bill, Madam Secretary.
Senate Bill -- Senate Bill 1241. (Secretary reads title of bill) 2nd Reading of the bill. No committee or -- pardon me. I'm sorry. The Committee on Education adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senator Syverson, on Senate Bill 1272? Out of the record. Senate Bill 1273. Senator Cronin. Read the bill, Madam Secretary.
Senate Bill 1273. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senator Syverson. Senate Bill 1276. Read the bill, Madam Secretary.
Senate Bill 1276. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senator Syverson -- sponsors Floor Amendment No. 2.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Syverson.
Thank you, Madam President. Floor Amendment No. 2 affects the Pharmaceutical Assistance Program and adds Public Health and the Medical Society to the list.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Would you speak up, because I can't hear you?
It adds the -- to the Pharmaceutical Assistance Program Review Committee, adds the Public Health Director and the Medical Society.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- any questions or comments? Hearing none, all those in favor, signify by saying Aye -- adopt the amendment. All opposed? The amendment's adopted. Any further amendments from the Floor?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1294. Senator O'Malley. Read the bill, Madam Secretary.
Senate Bill 1294. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1299. Senator Burzynski. Senator Burzynski. Senate Bill 1299. Read the bill, Madam Secretary.
Senate Bill 1299. 31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1304. Senator O'Malley. Read the bill, Madam Secretary.
Senate Bill 1304. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1306. Senator -- Luechtefeld. Senator Luechtefeld? Out of the record. Senate Bill 1309. Senator Sieben? 1309. Out of the record. Senate Bill 1331. Senator Cronin? Read the bill, Madam Secretary.
Senate Bill 1331. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1340. Senator Robert Madigan. Out of the record. Senate Bill 1342. Senator Cronin. Read the bill, Madam Secretary.
Senate Bill 1342. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1348. Senator -- Rauschenberger. 32 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Read the bill, Madam Secretary.
Senate Bill 1348. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1487. Senator Rauschenberger. Read the bill.
Senate Bill 1487. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1488. Senator Rauschenberger. Read the bill, Madam Secretary.
Senate Bill 1488. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1489. Senator Rauschenberger. Senator Rauschenberger. Senate Bill 1489. Read the bill, Madam Secretary.
Senate Bill 1489. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 33 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 3rd Reading. Senate Bill 1494. Senator Karpiel. 1494? Read the bill, Madam Secretary.
Senate Bill 1494. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senator -- Senator Thomas Walsh. Senate -- I'm sorry? On -- with leave of this Body, we'll return to -- to Senate Bill 1494. Madam Secretary.
The Committee on Education adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1497. Senator Thomas Walsh. Out of the record. Senate Bill 1514. Senator Dudycz. Out of the record. Senate Bill 1518. Senator Dudycz. Out of the record. Senate Bill 1521. Senator Lauzen. Out -- out of the record. Ladies and Gentlemen of the Senate, we are going to proceed to 3rd Reading, and we're going to start in the -- almost -- in the middle where we -- of the page of -- page 18, where we -- after where we concluded yesterday. And we will start with Senate Bill 1024. Senator Demuzio. Read the bill, Madam Secretary.
Senate Bill 1024. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 34 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senator Demuzio.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This is a -- another bill that requires the Secretary of State to issue plates for army combat veterans. We've had a number of these around this semester. I would move its -- move for your approval.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further questions or comments? Any questions? Any further questions? Hearing none, all -- all those in favor will signify by voting Aye. All 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 51 voting Aye, 1 voting Nay, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1046. Senator Cullerton? Read the bill, Madam Secretary.
Senate Bill 1046. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton. Senator Cullerton.
Yes. Thank you, Madam President. If I -- indicate that I was preparing for this bill, I apparently inadvertently didn't vote on the previous bill. So I'd like the record to reflect that I wish to have been voted Aye.
PRESIDING OFFICER: (SENATOR GEO-KARIS) The record will so reflect.
Thank you, Madam President. This bill was approved by our -- 35 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 our Insurance Committee and it comes from the Chicago Bar Association committee dealing with -- the Condominium Act. And the -- requires that condominium associations would maintain property insurance, general liability insurance, and fidelity bond and liability coverage for directors and officers. Provides that a condominium association may require unit owners to obtain certain insurance coverage. Requires the Director of Insurance to adopt rules pertaining to the standards for coverage and administration of risk pooling trust funds. Replaces provisions concerning insurance for condominium associations and risk pooling trust funds. And the bill also deals with the issue of -- limited common elements in clarifying that property insurance coverage will include existing coverage for -- for limited common elements as well. Not a controversial provision in here. And, as I indicated to Senator Welch in committee, I have no idea what former Representative Ellis Levin's position is on this bill. Would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Hawkinson.
Thank you, Madam President. Will the sponsor yield for a couple of questions?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he will.
Senator, our analysis indicates that existing law puts the obligation on the board of managers to maintain certain insurance coverages and this deletes that responsibility. If the managers doesn't do -- does not obtain the insurance for a condominium association, who's supposed to do it?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton. 36 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
I don't think that that is accurate, what -- what your statement was. So if you -- if you want, I can -- I can actually take this out of the record and I can -- if you want me to. Or -- or if you can direct me to a specific provision in the bill. But that -- that does not -- I don't believe there's any -- it might be just a misunderstanding, because I don't believe that that is in the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hawkinson.
My -- my more serious question concerns what kinds of coverages can be mandated upon the owners of the units.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton.
Yes. It has to do with personal liability coverage, and the board can require that a unit owner obtain personal liability coverage.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hawkinson.
Are there any limits on the -- the amounts of liability coverage? I assume this is -- under a standard homeowner's policy, you can -- you can purchase homeowner's insurance that -- that covers liability, but there are various levels of umbrella policies and the like, and some people can get that kind of insurance and others can't.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton.
Let me give the rationale. I've had -- I had trouble finding 37 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 the Section. There's been complaints by owners that damage to their units from other residents are not covered. So this amendment provides that the board of directors "may" - so it's permissive - that the board, themselves, may, under the declaration and bylaws or by rule, they can require unit owners to obtain insurance covering their own personal liability and compensatory damages to another unit. And if it's required, the insurance will cover losses either caused by the deliberate actions, negligence, or operation of equipment in a unit that causes damage to another portion of the property. And the personal liability of the owner whose unit is damaged will include his or her deductible cost. And this insurance would be mandatory only if the board requires the coverage by rule. So it's -- that's what it's designed to get at. There's been a situation -- you -- you do something in your unit that causes damage to another unit - not from a common element, but from your own unit - this insurance that the board could say you must -- your homeowner's policy must cover damage to other units. That's the way I understand it to be.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hawkinson.
Is -- is that kind of homeowner's insurance readily available under -- under a standard homeowner's policy?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton.
Yes, and I think the issue is there's -- there's some question, within those homeowner policies, as to whether or not it covers damages to other units. And that's where -- we want to give them the authority to require that -- that coverage.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 38 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senator Hawkinson.
This bill, in no way then, covers liability insurance for personal injury, such as a standard homeowner's policy might have. And if it does, is there a limit on -- on liability? In other words, if -- if the homeowners' association, for whatever reason, would decide they would like everybody to have a million-dollar umbrella policy, I think we all know that some people can't get that kind of -- of coverage.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton.
With regard to general liability insurance, the former designation of comprehensive public liability insurance is changed to general liability insurance. So it's a change in terms, which more accurately reflects the insurance, and the proposal -- this bill states that the coverage shall be in the minimum amount of one million dollars, or such greater amount deemed sufficient by the board. So for slip and falls, that sort of coverage, they -- it's requiring a minimum of a -- of a million dollars.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hawkinson.
Every homeowner would have to have a -- at least a million dollars' coverage? Every unit owner?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton.
...board -- the board should require that.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Cullerton, to close. 39 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Yes. Thank you, Madam President, Members of the Senate. I appreciate the questions by Senator Hawkinson. This -- as I said, the -- the Bar Association has a very competent condominium association committee that comes up with these bills, usually one or two a year. And I think these are -- are reasonable. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Ladies and Gentlemen of the Senate, the question is, shall Senate Bill 1046 pass. Those in favor, vote Aye. Those 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 55 voting Aye, none voting No, none voting Present. And this bill, having -- received the required constitutional majority, is hereby declared passed. Senate Bill 1048. Senator -- I mean, 1047. Sorry. Senator Cullerton? Senate Bill 1047. Out of the record? Senate Bill 1048. Senator Cullerton. Read the bill, Madam Secretary. 1048.
Senate Bill 1048. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton. Let's give Senator Cullerton our attention. This is an important bill.
It is. Thank you, Madam President, Members of the Senate. This amends the Probate Act, and it just clarifies that the sale of a decedent's real estate may be conducted by means of the Internet. The -- the -- this issue came up in a court in Chicago and the judge indicated that he thought that the wording of the current law did not allow him to conduct the sale through the 40 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Internet. So that's what the bill does. And -- and it obviously makes an exception for the hours in which the sale can take place if it's over the Internet, and it also -- we passed an amendment dealing with the issue of the -- the public library and -- allowing for a notice that would require the statement that public access to the Internet is available at public libraries. Again, it's a Chicago Bar Association proposal, and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? The question is, shall Senate Bill 1048 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. All those in favor -- have all voted who wished? Have all voted who wished? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1049. Senator Noland. Read the bill, Madam Secretary.
Senate Bill 1049. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Noland.
Thank you, Madam President. This issue came to me from the Macon County State's Attorney who had two cases where -- involving a sexual assault. And this would require sexually transmitted diseases testing, as well as those for HIV, for people accused of a sexual assault. It also expanded the above testing to defendants found unfit to stand trial. This would close a loophole on these situations and I believe it's good legislation. 41 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Thank you.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 1049 pass. Those in favor, vote Aye. Those 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. There are 55 voting Aye, none voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Senate Bill -- 1081. Senator Clayborne? Out of the record. Senate Bill 1084. Senator Clayborne. Read the -- read the bill, Madam Secretary.
Senate Bill 1084. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Clayborne.
Thank you, Madam President and Members of the Senate. Senate Bill 1084 is basically a -- a bill that provides that three members of a county board of appeals -- zoning board of appeals that consists of five members and four members of a board of appeals that consists of seven is required to reverse any order, requirement, decision or determination of any administrative official charged with enforcement of certain ordinances or resolutions. In other words, basically, what this does, it reduces the vote from two-thirds to a simple majority to pass action by the county zoning board of appeals. To my knowledge, there are no opponents to this bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Hawkinson. If you'll hold on 42 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 just a minute, Senator Hawkinson. Please take your conferences out of the Session and let us give the courtesy of listening to the speakers. Thank you. Senator Hawkinson.
Thank you, Madam President. Senator, our analysis says the Metro County Council supports this change. I haven't heard from any of my counties. This changes long-standing practice. Have the other county -- the urban county councils, the other counties, have you received correspondence from them -- or -- to -- so that we know that they're aware of this legislation?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Clayborne.
Yes, Senator Hawkinson. To my knowledge, my analysis, as well as talking to some of the lobbyists, the Illinois Association of County Board Members also -- supports this, as well.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 1084 pass. Those in favor, vote Aye. Those opposed, Nay. Voting is open. Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Next question. Senate Bill 1090 -- 1089. Senator Burzynski. Out of the record. Senate Bill 1099. Senator Wendell Jones. Read the bill, Madam -- Mr. Secretary.
Senate Bill 1099. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 43 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senator Jones.
Yes. Madam President, Members of the Senate, this bill amends the Vehicle Code to provide for Purple Heart license plates to be affixed to motorcycles. It passed the Transportation Committee 10 to nothing. I would appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 1099 pass. Those in favor, vote Aye. Those 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 56 voting Aye, none voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Senator Rauschenberger. Senate Bill 1102. Read the bill, Mr. Secretary.
Senate Bill 1102. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Rauschenberger.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 1102 is an initiative, a bipartisan, bicameral initiative, of the JCAR Committee. It statutorily defines "rulemaking" and establishes the procedures of JCAR in statute. I'd appreciate favorable support. I'd be very happy to try to explain it, if people have questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Seeing none, shall -- the question is, shall Senate Bill 1102 pass. Those in 44 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 56 voting Aye, none voting No, none -- 3 not voting. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1104. Senator Thomas Walsh. Read the bill, Mr. Secretary.
Senate Bill 1104. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Thomas Walsh.
Thank you, Madam President. Senate Bill 1104 provides that personal and proprietor -- proprietary application information may be submitted in a confidential application section or addendum for a banking application. This codifies existing law, and I know of no opposition. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 1104 pass. Those in favor will vote Aye. Those 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 55 voting Aye, none voting No, no -- none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. 1109. Senate Bill 1109. Senator Dillard? Mr. Secretary, read the bill.
Senate Bill 1109. (Secretary reads title of bill) 45 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.
Thank you, Madam President and Ladies and Gentlemen of the Senate. Last September, the United States Supreme Court ruled that petition circulators for elections do not have to be registered voters of the jurisdiction in which they are circulating petitions. This bill is an initiative of the Illinois State Board of Elections and puts a couple of safeguards in the circulating of petition requirements. It really simply adds two things that I believe ought to be in the requirements for circulating nomination petitions for office in the United States, and these two things are: one, that you're eighteen years of age or older; and that you're a citizen of the United States of America. And that's what this bill does. It adds those two requirements and deletes the things that the United States Supreme Court ruled are unconstitutional from the petition language in the statutes. I'd be happy to answer any questions, and I'd urge a favorable vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Demuzio. No further discussion. No further discussion? The question is, shall Senate Bill 1109 pass. And those in favor, vote Aye. Those 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 56 voting Aye, none voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1117. Senator Clayborne. Out of the record. Senate Bill 1128. Senator Dillard. Out of the record. Senate Bill 1135. Senator Peterson. Read the bill, Mr. 46 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Secretary.
Senate Bill 1135. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Peterson.
Thank you, Madam President. Senate Bill 1135 amends the Illinois Income Tax Act and the Housing Authorities Act to create credits for donations to certain affordable housing projects. This bill is a culmination of several hearings that were held over the past year, and work with the Chicago Rehab Network, and also a bill that Senator Obama and I sponsored last year, Senate Bill 1676. Beginning with taxable years ending on or after December 31st of 2001 and ending with taxable years ending on or before December 31st, 2006, a taxpayer shall be allowed an income tax credit equal to fifty percent of the value of the taxpayer's donation to the development of affordable housing in the State. It will allow for a five-year carryforward. The tax credit may be sold or transferred to a purchaser of land that has been designated solely - and I emphasize "solely" - for affordable housing projects or another donor who has also made an eligible donation. The City of Chicago will receive 24.5 percent of the total tax credits authorized for each fiscal year. The Illinois Development -- the Housing Development Authority shall promulgate rules and regulations establishing the criteria for designating non-for-profit organizations that are qualified to receive donations that are eligible for a tax credit under this Section. And the housing authority that issues the credit shall record against the land upon the -- upon which the project resides an instrument to assure that the property maintains its affordable 47 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 housing compliance for a minimum of ten years. I ask for your support of 1135.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? May I ask that you take your conferences off the Floor? Thank you. Senator Obama.
Thank you, Madam President. I stand in strong support of this bill, and I just want to indicate my admiration for Senator Peterson, of the diligent work that he did during the summer to enable us to craft this piece of legislation. As many of you know, the issue of affordable housing is not exclusive to Chicago; it's an issue that is increasingly important throughout the metropolitan region, as well as areas like Springfield. I think this is a good first step, and I appreciate Senator Peterson's hard work on it. I would urge his -- an Aye vote for all Members on this side of the aisle.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 1135 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting's 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 voting Aye, 3 voting Nay, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1150. Senator Parker. Read the bill, Mr. Secretary.
Senate Bill 1150. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker. 48 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Thank you, Madam President, Members of the Chamber. Senate Bill 1150 addresses access to information and provides that if a study was performed by an agency or by a person or entity that contracted with the agency for the performance of the study, the agency shall make copies of the underlying data available to members of the public upon request if the data are not protected from disclosure under FOIA. I would ask for a favorable vote and answer any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further questions? Any further question? Hearing none, the question is, shall Senate Bill 1150 pass. Those in favor, vote Aye. The opposed will vote No. And 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 55 voting Aye, none voting Nay, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1152. Senator O'Malley. Read the bill, Mr. Secretary.
Senate Bill 1152. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Just a moment, Senator O'Malley. Would you please take your conferences off the Floor so we can hear the bills? Senator O'Malley.
Madam President, Ladies and Gentlemen of the Senate, Senate Bill 1152, as amended, addresses the concerns of some students at Governors State University, in particular those who enrolled in a master's degree program there, for the requirements to become a 49 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 clinical social worker. The requirements to achieve this status include three thousand hours of supervised clinical professional work and experience, passing an examination, and having a master's degree from an approved program. Because of -- of some commitments that were made and undertakings at the University, it was understood by those people who were going to enroll in this program that they could expect to be in -- in an approved program. What this bill does is provide that those who are graduates of -- of that program in the year 2001 will be considered to have graduated from an approved program so that they can sit for the examination and be certified as clinical social workers under these circumstances, as long as they've achieved the requirement for three thousand hours of satisfactory, supervised clinical professional experience. I'd be happy to answer any questions you may have, but I do want to thank Senators Mahar, Shaw, Viverito, and Senator Emil Jones, who have joined with me as cosponsors of this legislation.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Halvorson.
Thank you, Madam President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he'll listen.
Senator O'Malley, I am in support of this; however, it's really not the legislation that we're looking for. Does this also include the six school social workers -- the program for the six that went through the school social worker program?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
Those requirements are set by the State Board of Education for 50 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 that particular category. So, does it -- does it address what you're asking? No. But it does deal with the forty-some students who are to be graduates of this program this year.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Halvorson.
...you. Because, right now, there's currently a bill in the House also that is trying to address that. I -- as I said, I am supportive of this because of the unfortunate situation with the seventy-seven graduates of the other program. Would it be possible that we could get your commitment, once that other bill gets over here, that we could try to work out some further problems that this bill might -- might have?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
Senator Halvorson, you have not talked to me about this issue prior to this discussion on the Floor. I have had discussions with Representative McCarthy, who is -- who is leading the effort over in the House. He asked that we consider some other things that are coming forward from the House and, of course, as I have in the past with Senator McCarthy -- or, Representative McCarthy, indicated that I would work with him and try and address his needs and concerns.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Hawkinson.
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will.
Senator, I've been trying to find out, since I became aware 51 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 several months ago of this unfair situation, what the reason is that the program has never been accredited and whether that bears any relationship to the qualifications of the graduates to take the exam. In other words, we have reasons in Illinois why we set up requirements that people graduate from accredited programs. And -- and if you could explain to me why the program has never been accredited and -- and how, or if any relationship, that bears to the qualifications of these candidates.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
Senator Hawkinson, I think that's an excellent question. I will not try to give you a dispositive answer on the subject, because it has a lot of moving parts. But the part that I do understand clearly is that one of the problems with the program is that some of the instructors who were engaged at GSU may not have had the credentials in order to be considered appropriate instructors within -- within that particular program. Having said that, I've also met with Stuart Fagan, who is the new President of GSU, as well as the woman who is now in charge of this program, and they have had conversations with the accrediting agencies and so forth outside of the Board of Higher Education, but including the Board of Higher Education. My point being, that they've spoken with everybody and are working on cleaning up and making sure that this program has all of the credentials that it needs, whether it be in curricula, whether it be in instructors and so forth. But it's my understanding that these particular students were led to believe that that program would accomplish that objective. That's number one. Number two, they entered into that program in good faith to achieve a master's degree in this program. And this legislation, in no way, shape or form, excuses -- excuses them from the other responsibilities they have, not 52 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 only to have taken the necessary course work to get a master's degree, but to have the three thousand hours of clinical experience and to pass the program that's administrated by the -- that -- is administered by the Department that regulates this -- this field.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hawkinson.
This will only -- whether or not they achieve accreditation, I assume this will not be an ongoing problem, that the people who are there now know it's not accredited, and if that doesn't get worked out, we won't have another class coming next year that is in the same situation.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
Based on the conversation I had with the President, I would not expect that we would ever have to come back and address this issue. And I would say, Senator Hawkinson, that the message we're sending with this legislation, and the efforts that are going on in the House, is that we should never, ever, in our institutions of higher education in the State of Illinois, hold out false hope to young women, for instance, who are -- many of them have children and their families give up much, and -- and to tell them at the end of the rainbow that they think they are pursuing that the solution for them is to get their money back from the tuition they paid. So I would appreciate -- I appreciate your questioning and I hope that our answers have been clear.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Jacobs.
Thank you, Madam President, Ladies and Gentlemen of the 53 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senate. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will.
Basically along the same line, Senator, if we're not going to be doing anything in the year 2002, what about those students that are already in the program? Are they, then, being treated fairly, even though that they know a year in advance that -- that they're not going to be able to get their degree because the program's not accredited?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
Senator, I understand that - and -- and this -- staff just mentioned this to me and it's consistent with what President Fagan shared with me earlier this week - that, in fact, there are no other students in this particular program going through it that -- that would be subject to this kind of -- of a constraint on their ability to proceed with their -- their goals and aspirations in life. At the same time, I want to reassure you again that it was explained to me, very convincingly, by Stuart Fagan, as well as the woman in charge of this program, that they are working with great dispatch and -- and very seriously towards straightening this out so that it should never happen again.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Ronen. Senator Ronen?
Thank you, Madam President. I just want to make a couple points here, and I think -- I'm very sympathetic to the issue of these students and what happened to them, but I think one of the things we ought to be very clear about, and understand, is that the National Association of Social Workers, the group that 54 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 accredits people, who are the -- the professionals in this field, do not support this piece of legislation. I know how hard Senator Halvorson has worked on this, and I know that there is a bill coming over from the House that everybody thinks has a -- a better way of addressing this serious problem, and I think we owe it to the professionals in this field and to these students that we're talking about to just take a little more time and get a better solution to this. And then I -- I would ask all my colleagues to vote Present on this bill, with the understanding that another bill will be coming over from the House and we'll be able to do a better job of addressing this serious problem.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Larry Walsh.
Thank -- thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Indicates he will.
Senator O'Malley, could you tell me, has Dr. Fagan and the Board of Higher Ed endorsed this or -- or...(microphone cutoff)...legislation?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
I -- first of all, I don't know where the Board of Higher Education is. I don't recall what they did in terms of witnessing in committee. But when I met with Dr. Fagan and -- and the woman who's in -- now in charge of this program, they were supportive of this legislation. Their interest, as is mine, and I suspect so is yours, is to help these young people to get on with their lives, and at the same time, preserve and protect the professionalism that they will bring from the University, and at the same time, 55 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 restore the reputation of the University, as well.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Demuzio.
Well, Senator, let me -- let me ask this question of you, if I may.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator -- go ahead.
I have a fact sheet, which doesn't, obviously, say -- it doesn't -- it says that it would allow the -- in essence, what your bill does is allow the Governors State University graduates from the MSW to sit with the LSW and LCSW examinations even though they failed to meet the proper criteria. I assume that that's the licensing board that licenses them as clinical psychologists. Does that -- does that sound right?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
Senator -- Senator, I believe that is the name of the -- the licensing group. Not -- I -- I mean of the -- it's the professional group that oversees these people.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Demuzio.
Well, does your bill require them, then, to meet and be licensed by -- if they meet -- if they meet the criteria, by -- by this group? It requires them to -- to take application from or test them for a license then?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
56 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 This allows them to meet the other requirements, including sitting for the examination, and -- and also, provided they have the three thousand hours of clinical experience that is supervised, to actually be licensed here in Illinois.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything further, Senator Demuzio?
Well, I am familiar with this. I'm trying to make heads or tail... Is -- is there anything in your bill that says that this is only applicable to this -- this class?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
Senator, it is limited to graduates of the master's degree program for this particular area Class 2001. That's what it's limited to.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Demuzio.
Well, one final question. I found that now.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Good.
If -- let's assume for a moment that your bill passes and they are allowed to do this. What does this do for their -- for them -- for them professionally in the future? I mean, these forty-three will still have the -- the taint of -- of going through a program that was not accredited. Do they feel comfortable in -- in -- in doing that?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
57 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 The -- frankly, I don't think they're going to be tainted in the least. And, in fact, the term is not "not accredited". Well, to be technical, it's "not approved". And the reality is that at -- and I'm very pleased to have had the meeting earlier in the week with President Fagan, the new president, as well as the woman who is running the program, because they are going to go above and beyond and provide for a follow-up with all of these students to make sure that even the -- the -- the possibility of what you have suggested would go away.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything further, Senator Demuzio? Good. Further discussion? Senator Radogno.
Thank you. I, too, have a lot of concern about these students who have been through a lot and now are not able to sit for this test. But I'm very concerned about the approach in this bill. I think there's a precedent issue that we need to think about. Currently, there's eight other schools in Illinois who are undergoing an accreditation process, including Illinois State, Southern Illinois University at Edwardsville and Chicago State. If any of these schools fail to meet the accreditation, we're going to have those students right back here saying, "Well, you did it for that group. How about doing it for us?" I do think we need to help these students out, but I think that there is a proposal making its way through the House that addresses some of these issues. And I would urge us to move very slowly, or not at all, with this, to either take it out of the record, or hopefully vote Present or No. Thank you.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Shaw.
Thank you, Madam President. I rise in support of this 58 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 legislation and I want to commend Senator O'Malley for taking this issue up. The students that this bill affect, they entered the program in good faith, and it was not their fault that at the end of the semester, that they were told that the program was not accredited. This was not their fault. And it's my understanding also that the -- the curriculum was accredited. It was just the professors, I believe, that was teaching the program that didn't have everything they need. That's all this bill is about. But it's -- it would be totally unfair to those students who went through this program and then, at the end of the rainbow, once they get there, you tell them, say, "Well, no, you can't graduated -- you can't graduate because this is an unaccredited program." That is totally unfair, and certainly I join with Senator O'Malley in supporting this legislation. I think that this is a remedy that should be taken care of here in this Body, and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you. Further discussion? Senator Parker. Got one more speaker.
Thank you, Madam President, Members of the Chamber. I -- I, too, have some questions about this, and maybe we just need a little bit more time. I have here a fact sheet, and the Illinois Society of Clinical Social Workers, the Illinois Chapter of the National Association of Social Workers are very concerned about this. Did they testify in committee? Or -- I -- I think they had mentioned that they had gotten the wrong date and were not in committee to express their concerns. Would -- Senator O'Malley?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
I'm sorry, Senator. Would you repeat your question? 59 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR GEO-KARIS) She wants to know if the clinical psychologists were present at your meeting -- at the hearing and whether they testified one way or the other.
The answer to the question is, no, they were not there. They did not give testimony. The Department of Professional Regulation was present and gave testimony.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
I -- what they say here, Senator, just to bring their concerns forward, they say, despite the fact the program has failed to meet the requirements for candidacy, that the graduates then would have the opportunity to go through and -- and be licensed, and they're concerned about the training of the individuals. There just seems to be so many questions. Can you answer, why would they be concerned, or do they have legitimate concerns about this?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
Senator, now that you want to bring them to the forefront, I'll be brutally honest. I think it's called protection. They want -- they want their people, whoever they are, and to control the process as to exactly who has this status. And -- and these -- these young people, many of whom are young women with children, whose families have given up a lot of time and effort to help them get through school - frankly, many of them single mothers - are left in a position where they're being told, "No, you're going to have to jump through more hula hoops than you ever could imagine." Why? Because GSU let them down. And -- and -- and we're not excusing them from the obligation to pass an examination. We're 60 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 not excusing them from the responsibility of having taken the course work and obtained a master's degree, and we're not excusing them from having the number of hours they need of clinical experience. I'd -- you know, you're asking me to explain, you know, someone who apparently has some opposition and who, frankly, has not even bothered to come and see me, and I'm the sponsor of the legislation. And I would submit to you that what's going on in the House is intended, frankly, to protect their interests and hurt these young people. And I am going to stand with these young people who have given so much in their life to make a dream come true.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Thomas Walsh.
Thank you, Madam President. Well, I -- I, too, have concerns. And we had the -- Governors State down before the Audit Commission, and I think that we're looking at the -- the wrong group here. I think that there's no question about the fact that what Senator Shaw said, that this isn't the responsibility or this isn't the fault of the -- of the kids. They -- you know, they had no idea. As a matter of fact, it was represented to them that they were getting into an accredited program. And I think what we ought to be doing is -- is looking at where the problem is, and it seems to be with Governors State University. But I have a problem with -- with legislating degrees, which it appears is what we're doing here. And it doesn't seem that -- that far-fetched from a bill that was, years ago, to give a legislator, if you've been here ten years, a law degree. You know, I don't know what the difference is, and we're going to legislate. And it's not the -- it's not the kids' fault and I feel sorry for 'em on this. And they got in -- they were -- they were sold a bill of goods there. But I -- I have a problem because, in fact, it was the professors 61 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 that weren't accredited. It was the professors that were no good. So I don't know how we can say that if they had bad professors, that we should now legislate that they get the degree just because they thought that it was an accredited program. So, I -- I think we ought to be cautious about this and I would ask for a Present vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator O'Malley, to close.
Thank you, and thanks for the spirited debate. Let me make something perfectly clear. Under no circumstances does this legislation excuse anybody from -- not doing what they're required to do to obtain a degree. You must have, under this legislation, a master's degree in this particular program from Governors State University in the year 2001. So -- I want to make sure that everybody understands that. Secondly, you are required to have three thousand hours or more of clinical experience that is supervised. And -- and lastly, you must pass the examination. And all that we're asking for, with this legislation, is to give these young people the opportunity to sit for that examination and allow their dreams to come true. And it doesn't excuse them from any of the things, and it is -- with all due respect to my good friend, Tom, it is a far stretch to suggest that this is the equivalent of legislating a law degree. I'd appreciate many of you giving this enough support so that we can have this issue move on forward into the House of Representatives.
PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 1152 pass. Those in favor will vote Aye. Those 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 62 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 34 voting Aye, none voting No, 22 voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1168. Senator Philip. Senate Bill 1169. Senator Philip. Senate Bill 1171. Senator Philip. Read the bill, Mr. Secretary.
Senate Bill 1171. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senate -- Senator Philip.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 1171 amends the Property Tax Code. You'll probably remember, in 1991 I believe it was, we put on tax caps, which, quite frankly, I supported and worked extremely well and are still working well. Unfortunately, we had a taxing -- a group of taxing bodies, park districts, who were kind of sleeping at the switch. They had the opportunity to go up to their maximum rate; they did not do it. So after the Governor signed the bill, they weren't up to their maximum rate. What this does is allow them to go up to the maximum rate, which they should have done in the first place, quite frankly. And I would -- I would say this, there are -- there are sixteen park districts in the State of Illinois. Eleven of them are from suburban Cook County and the collar counties. Five of them are from DuPage County. And remember this: Their only source of income, other than fees, are property tax and bonds. Be happy to answer -- answer any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 1171 pass. Those in favor, 63 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 vote Aye. Those 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 37 voting Aye, 12 voting Nay, 6 voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1172. Senator Thomas Walsh. Read the bill, Mr. Secretary.
Senate Bill 1172. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh.
Thank you, Madam President and Members of the Senate. This bill makes changes to numerous Acts that were discovered during recent -- audit findings of the Governor's Office. It -- there is no opposition to the bill, and I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Any discussion? Hearing none, the question is, shall Senate Bill 1172 pass. Those in favor, vote Aye. Those 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 -- 56 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1174. Senator Robert Madigan. Out of the record. Senate -- Senate Bill 1176. Senator Peterson. Read the bill, Mr. Secretary.
Senate Bill 1176. 64 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Peterson.
Thank you, Madam President. Senate Bill 1176 is an initiative of the Illinois Department of Revenue, and the bill has three components. The first is that it would amend the Counties Code and the Civil Administrative Code to permit a collaborative effort between the Department of Revenue and the State's attorneys for the collection of dishonored checks. The second is, it would amend all relevant statutes regarding the collection of Illinois tax, regardless of tax type, to include them in the Illinois Department of Revenue's electronic fund transfer program. And third, it would amend the Counties Code to limit the amount charged for filing liens and lien releases by the Department of Revenue to five dollars. Ask for your support of Senate Bill 1176.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 1176 pass. All those in favor, vote Aye. Those -- will vote No. Voting's open. Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1177. Senator Peterson. Read the bill, -- Mr. Secretary.
Senate Bill 1177. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 65 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Mr. Peterson.
Thank you, Madam President. This, too, is an initiative of the Department of Revenue. Senate Bill 1177 amends the appropriate tax statutes to allow the Department of Revenue to credit a taxpayer's account for the verified overpayment of an excise tax assessment or an original excise tax return without requiring a claim from the taxpayer. Ask for your support of 1177.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 1177 pass. Those in favor, vote -- vote Aye. Those opposed, vote Nay. And 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 56 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed.
PRESIDING OFFICER: (SENATOR DUDYCZ) At the request of the sponsors, Senate Bills 1193 through 1232 will be held. Top of page 21, in the Order of Senate Bills 3rd Reading, is Senate Bill 1234. Senator O'Malley. Senator O'Malley. Again, at the request of the sponsors, Senate Bill 1244 through Senate Bill 1253 will be held. Senate Bill 1254. Senator Lauzen. Senate Bills 1255 through 1279, also, at the request of the sponsors, will be held. Middle of page 22, in the Order of Senate Bills 3rd Reading, is Senate Bill 1282. Senator Roskam. Senate Bill 1285. Senator Philip. Senate Bill 1289. Senator Klemm. Senator Klemm. Senate Bill 1293. Senator Cronin. Mr. Secretary, read the bill.
Senate Bill 1293. 66 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This bill, Senate Bill 1293, is an issue that deals with substitute teachers. And we all know there's a teacher shortage. We all know that there's a substitute teacher shortage. And we'll get it here on the bill. Here it is. Senate Bill 1293 deals with the issue of substitute teachers. It amends the School Code for the '01-02, '02-03 and '03-04 school years. Senate Bill 1293 allows a teacher holding an early childhood, elementary, high school, or special certificate may substitute teach for a period not to exceed a hundred and twenty paid school days or six hundred paid school hours in any one school district in any one school term. Currently, that limitation is ninety days. This permits good teachers to teach for a longer period of time when the shortage -- when there is a -- a -- a need for these teachers and there's a shortage. Ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 1293 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 1293, having received the required constitutional majority, is hereby declared passed. Senate Bill 1303. Senator Lisa Madigan. Mr. Secretary, read your bill.
Senate Bill 1303. (Secretary reads title of bill) 67 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1303 is intended to reunite biological siblings through the adoption process, so that if a child is up for adoption, DCFS would have to look through its files and try to make a determination as to whether or not there is a biological sibling of that child that has already been adopted. If there is a sibling that has been adopted, DCFS would then contact that adoptive family, notify them that there is another sibling that is available for adoption, and then make a determination as to whether or not that family would like to apply to adopt that child. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 1303 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 55 Ayes, no Nays, none voting Present. And Senate Bill 1303, having received the required constitutional majority, is hereby declared passed. Senate Bill 1320. Senator Dillard. Senate Bill 1341. Senator Radogno. Senate Bill 1486. Senator Rauschenberger. Read the bill, Mr. Secretary.
Senate Bill 1486. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger. 68 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1486 is, again, an effort to move forward on the issues of the supplemental requests of the Governor. This bill is, again, a sincere effort by this Senate to deal with the critical budget issues that remain this current fiscal year. Senate Bill 1486 provides more help for low-income families who can't afford this winter's high heating bills. It assures that the State's CHIP program can reopen its enrollment and reduce its waiting list for people who desperately need and are willing to participate in paying for their health insurance. It provides funds for the State Board of Education to address budget shortfalls and provide emergency assistance to struggling school districts. It addresses the Early Intervention Program. It keeps our promise to workers who provide care for our developmentally disabled citizens, their dollar-an-hour raise that many of us have signed a letter to and offered to support. And once again, it gives the Secretary of State ample resources to pay for refunds due to the taxpayers of the State of Illinois. You probably recall, we have unanimously passed a supplemental to the -- to the House once this year already. High rhetoric, hysteria, political brinksmanship are apparently now part of the House's appropriation process. So what you have before you is another effort to break the House political logjam. Senate Bill 1486 provides an additional 1.2 million dollars of new general revenue to the Secretary of State's Office, and 1.2 million in transfer authority from within the budget -- from within that Office's two-hundred-and-sixty-three-million-dollar budget to deal with the question of refunds. We know there are ample resources already within that budget. That Office has lapsed funds in the last three fiscal years. But in the spirit of compromise and to ensure that the critical issues of CHIP enrollment, direct care workers' pay 69 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 raise, and education in this State, this is an effort to meet the House halfway. The highlights of this bill include -- I'll just go through some of the highlights and then the detailed analysis should be available from your staff and I'll be happy to answer questions. There's 3.3 million in federal funds to Department of Aging for the National Family Caregiver Support Program, and six hundred and fifty-nine thousand for community-based services. Eight hundred thousand dollars to the Department of Agriculture for a fish processing plant in Pinckneyville. 4.8 million dollars' general revenue to -- to fund recapture payments certified by the Illinois Racing Board. Two hundred thousand to the Department of Children and Family Services for children's advocacy centers. Eighty million dollars in new federal funds to Department of Commerce and Community Affairs for low-income energy assistance grants. 8.8 million dollars in federal funds for the Department of Human Services' Women and Infant Child {sic} (Women, Infants and Children) nutrition program. Ten million dollars in general revenue and thirty-five million dollars in other fund transfers to address the funding shortfalls in the current Early Intervention Program. 25.3 million dollars of general revenue for the Department of Human Services for the dollar-an-hour wage increase for the developmentally disabled direct care workers effective March 1st, 2001. Nine hundred and twenty-eight thousand dollars in federal funds for the Lincoln Challenge program. Ten million dollars' general revenue for the Comprehensive Health Insurance (Plan) Board to address the backlog and reopen enrollment for citizens needing health insurance. A million dollars in general revenue for permanent household hazardous waste -- waste disposal facilities in Illinois. Sixty-seven thousand nine hundred dollars of general revenue to the Department of Public Health for promotion and marketing of the Adoption Registry program. Three million dollars' general revenue for the Circuit Breaker and 70 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Pharmaceutical Assistance Program. 29.7 million to Department of Transportation for snow and ice removal costs. Twenty-five million in federal funds to offset projected shortfalls in vehicle inspection and maintenance program funding. 1.2 million dollars of General Revenue added to and 1.2 million dollars transferred from within the Secretary of State's Office to fund the motor vehicle registration refund shortfall problem. Transfers of 26.4 million dollars from overbudgeted lines within the State Board of Education budget to address the following issues: projected shortfalls in the general State aid, 23.4 million; contract obligations related to the Prairie State achievement exams, nine hundred thousand dollars; replacement of funding from the diverted Teachers Academy of Math and Science, a Joliet project, three hundred and eighty thousand dollars; regional office of education superintendent salary shortfalls, an early retirement option, four hundred thousand dollars; emergency assistance measures for Round Lake Area Schools District 116, 1.4 million. It also adds two million in other funds spending authority to the Illinois -- to ISAC, Illinois Assistants -- Student Assistance Commission; five million in additional general revenue for claims under the -- Crime Victims Compensation Act; 2.3 million dollars of payments to Court of Claims; and reallocates Member projects and makes corrections in the budget. Be happy to answer questions of Members.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Trotter.
Thank you very much, Mr. Chairman. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Trotter.
Senator Rauschenberger, as you were going through the budget, 71 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 what was missing from what the -- the Governor was asking for in his Budget Address was two hundred million dollars for Medicaid funding. Is there a reason why we are overlooking that?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Senator Trotter, for asking that question. Both the two hundred million dollar requested for the Medicaid program and the supplemental for employee group insurance, really, I believe, are part of the fabric of the final budget we need to do this year and we expect to deal with in a supplemental Article to the final budget, so that you and I and the negotiators have the entire Medicaid program before us as we work through the Governor's challenge of the two-hundred-and-forty-million-dollar shortfall.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Trotter.
Thank you very much for that answer. The -- also, the 8.3 million dollars for the parking garage for the State Police...
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thanks for asking that question, as well. The 8.3 million dollars was a request by the Executive Branch so that they could speed up the parking garage. As I understand it, it's now become somewhat controversial among the Leaders of whether we're going locate the new State Police armory immediately adjacent to the Capitol or elsewhere in Springfield. Since we're not sure of the location, we thought it prudent to set aside that appropriation until we get white smoke from the Leaders about where they're going to build that new armory.
PRESIDING OFFICER: (SENATOR DUDYCZ) 72 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senator Trotter.
As before, I want to thank you. I think this has been a -- a thought-out piece of legislation that we have here. However, there's still points of contention and that is the agreement that -- or, at least the -- the half way that you're going to help the Secretary of State meet the needs that he has responsibility to meet, and that is the 1.2 million dollars that we're giving him but still holding him or allowing him -- be held accountable for the 1.2 million dollars as a transfer. And the Department itself says that if, in fact, they had to transfer, there will have to be a cutback in programs. How do you address that, sir?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
I would address that the way I would address any of the supplemental requests from any agency. An agency, I believe, to get the support of the Senate in a supplemental, needs to come to us and lay out for us the reason that they have to have supplemental funds immediately. Although we've had some discussions with the Secretary of State's Office, they're not yet comfortable giving us a line item detail on their expenditures and where they believe their shortfalls will be. Based on the performance in the prior fiscal years, it's our staff analysis and our strong belief that they will have the resources to deal with them. I would argue, if they do not have, Senator Trotter, we need to deal with that before we adjourn in May. There'll be plenty of time at the end. If you were to take a monthly expenditure from the Secretary of State's Office, they probably expend on the average of about twenty-five million dollars a month, as a rough estimate. So their shortfall, if they do have a 1.2-million-dollar shortfall, occasioned by our suggestion that 73 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 they transfer, we should be able to deal with easily by the middle of May. So I -- I don't reject their claim that they have the right to bring to us their details, but at this point, we need to get those refunds rolling.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? All you have to do is put your light on, Senator Trotter. Senator Trotter.
Thank you. Again, just as in Senate Bill 758 that we passed out of here a couple weeks ago, there's certainly some initiatives in here that we've all been looking to have addressed. Overall it is a -- a good bill, and I ask our side to support it, as written.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Welch.
Thank you, Mr. President. Let me just say that I'm -- I was quite surprised by the language the sponsor used in talking about negotiating this bill. You know, I know in Washington, D.C., "bipartisanship" is the watchword, as the Republicans stick it to the Democrats, but I didn't realize that we're using the same tricks here in Springfield. I mean, you know, to accuse the House of high rhetoric, hysteria and brinksmanship in trying to negotiate this, this is pretty much unprecedented. Do you want to give examples of that, or -- is that why you're waving -- or do you want me to continue? I'll continue -- let me continue on. I don't remember any supplemental before where we reduced a State constitutional officer's budget. This could be taken -- right now, it's the end of March. We've got three months left in this budget. We could take care of any problems in the next year's budget, or next year, after lapse -- the lapse-period spending is over. This is a slap in the face to the Secretary of State. I don't think there's any other way to look at this, because this is 74 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 -- this is unprecedented, as far as I recall, in the budget, taking a State official's budget and chopping it down. Usually we defer to the State constitutional officers, in many -- in many cases, if not all cases. So it seems to me that we're going overboard here. Instead of negotiating this, what -- what has happened is, by making this a rhetorical exercise and throwing down the gauntlet to kind of challenge the House, we've guaranteed that this is going to be put off for another week. So instead of heated rhetoric, I think we should try to reach common ground with the House and come up with some settlement, because looking at some of the things in here that are -- that were added that -- that add money to the supplemental budget, those could be taken out by the House, too. They could raise more issues than what they've raised. And just raising this one issue of Jesse White's budget for 1.2 million dollars isn't that big of deal, but you're magnifying its effect by pointing that out in the budget and -- and creating another situation where the House is going to reject this. So I would encourage you, Senator Rauschenberger, to go ahead and resume your usual bipartisan ways, instead of suddenly trying to -- instead of getting into a spat with the House for some reason. So, that's my comment. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Yeah. I just want to thank Senator Welch. I don't think anybody's ever accused me of being passionate on the Floor of the Senate, and I -- I want you to know I really do appreciate that. I -- I really do work hard on -- on maintaining a little bit of a partisan edge, and -- and I guess I must be getting good at it. I guess to answer a few of your concerns, I guess I would tell you, in the past, we have refused to hear constitutional officers' requests for supplemental until they provided us with data. It's 75 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 been the practice as long as I've been the Appropriation Chairman. I'm glad you're on Approp now. Hopefully you'll get to experience us giving Jim Ryan a hard time, sometime, as well. We do have the constitutional authority to review a constitutional officer's budget, and I think we actually would be better stewards if we were more aggressive, rather than less aggressive, at it. But -- but I do appreciate your concerns about whether I'm bipartisan. I would also point out to you that I don't overreact to the House. I think the House overreacts to us. When we made an effort, before adjourning for the week that we were off, and sent a supplemental over to the -- to the House, before the bill was received, heard in committee, or even received in paper, we already had Members of the House Leadership rejecting the supplemental, accusing the Senate of being provocative and somehow singling out one constitutional officer for criticism. There was no criticism on the Floor of the Senate the day we presented the bill. We made a financial argument that the resources were available to the constitutional officer. I don't think I have said anything on the Floor of this Chamber criticizing any constitutional, that I recall, although I'll have to think hard about it back in the Edgar years. But -- but I do appreciate your counsel, and I will try to be a better Approp Chairman.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
Well, apparently, you haven't looked at all the Members on the Democratic side. Thank you for welcoming me to the Appropriations Committee. I was on it for sixteen years. This is the -- this is the first year I'm off. So, unless you think I look like Miguel here, you got the wrong -- you got the wrong guy. So...
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Hendon. 76 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Thank you, Mr. Chairman. He does look like Miguel, to be -- be perfectly honest. Well, despite the love-fest that -- between Rauschenberger and Trotter, whom I respect, both of them, I still have a problem with the Secretary of State's monies. I don't understand the reason why we would be doing this to the Secretary of State, and I don't see any other constitutional officer that we're doing it to. And during my tenure on Approp - and I'm not on Approp by the way, Senator Rauschenberger, this year - but while I was, I never saw any Republican officeholder or constitutional officer deftly being mistreated by the committee. So could you expound to us, because there's some good things in here but I have a reservation about voting for this because of what's done to the Secretary of State. And can you at least assure me that this is not political?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator -- Senator Rauschenberger.
Over -- Senator -- Senator Hendon, you don't look like Senator del Valle to me at all. I would tell you that we're -- we're trying to, I think, make a -- a reasoned and -- judgment about requests for supplementals from everybody that brings 'em to us. I don't think we are singling out anyone. The -- the question of whether the Secretary of State has resources really tracks back a couple of years. Over the last two years, the Secretary of State's Office has eagerly and aggressively sought both supplementals and budget increases. Over the last two years, the Senate has agreed, in the end, with the House for increases and supplemental for the Secretary of State's Office. The Secretary of State's Office, over the last two years, lapsed - lapsed, failed to spend - forty-four percent of the requested increases we gave 'em. The frustration, I guess, we all should have a little 77 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 bit of is that the Secretary of State's Office, if they trusted the General Assembly - and I would argue we've been pretty trustworthy with all our constitutionals - could have chosen in September to pay refunds as they occurred. They made a decision internally that they were concerned about whether we would allow them full recovery of this 2.4 million. They chose to suspend the payments of refunds, even though there was sufficient resources in their budget, and they chose to send letters to the people who were seeking refunds saying that they were prohibited from doing so. I -- I have not publicly in -- anywhere criticized their decision on that. I disagree with it. The fact that they have financials to pay those refunds is not in question, even in their own testimony. In an effort to try to assuage their concerns, this is half of what they've requested in new cash - okay? - without having them -- without them having brought us the details that we've requested. And we'll certainly work with them to make sure their whole budget is there. In addition, though, to the Secretary of State's Office, which I think we address, maybe not the way he would choose, this does have the full request for CHIP to reopen enrollment. It has the eighty million dollars that -- that DCCA would tell you is pretty critical. They want it by the beginning of next month so they don't have to interrupt payments on -- on heating bills. It has, I think, thirty-five million dollars to address the shortfalls and problems in managing the Early Intervention Program that's serving, I think, approaching a hundred thousand children under the age of three and their developmental issues. There's a lot of good in this supplemental. It also includes all of the requested language from your colleagues on your side of the aisle, as well as your compatriots over in the House. So we've tried to, I think, be reasonable with everybody. If we've missed on the Secretary of State's Office, we hope to work through that before the end of the budget. 78 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Jacobs.
Thank you, Mr. Chairman, Ladies and Gentlemen of the Senate. I stand in strong support of -- of this legislation. Do I believe there's a shoving match between the Senate and the House, for whatever reason, with the Secretary of State's Office? The answer is probably yes. But in my area, April 2nd is the shut-off date for IHEAP for -- for the utility bills. All of our senior citizens that are in need of the IHEAP money will have their utilities shut off on April 2nd if we don't get this bill over to the House, the House doesn't act on it in a judicial -- judicial manner. I think that there's no doubt that we can come back and correct the Secretary of State's problems if needed. And I just ask for a strong Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Rauschenberger, to close.
I would appreciate all Members supporting this, and we will continue to work on the Secretary of State's issue. I would just remind Members that in several occasions, we've offered not to take up the Secretary of State's question until they had more time to respond to us. The House has requested, over and over again, that the Secretary of State's Office had to be dealt with in this supplemental. So I would argue that there is a little bit of high rhetoric happening over on the other side of the Rotunda. I'm really proud of this Body in that we've been able to keep it, I think, focused, and I appreciate Senator Welch's counsel to me that way. I'd -- let's put a lot of green -- green lights up there.
PRESIDING OFFICER: (SENATOR DUDYCZ) 79 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Question is, shall Senate Bill 1486 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 1486, having received the required constitutional majority, is hereby declared passed. Bottom of page 22, in the Order of Senate Bills 3rd Reading, is Senate Bill 1493. Senator Radogno. Mr. Secretary, read the bill, please.
Senate Bill 1493. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Radogno. Excuse me. Senator Radogno. Radogno.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill amends what's commonly known as the Circuit Breaker Program. Currently, the enrollment is done on a calendar year and the benefit cap is figured on a fiscal year. This changes the calculation of the drug benefit to the calendar year so the two are the same. It also adds three clarifications that were requested by the Department of Revenue. First, it clarifies that the State is the payer of last resort. So, in other words, if folks have insurance, that pays first. Secondly, it provides that the pharmaceutical assistance cards are valid for a period of not less than one year. And finally, it considers worker compensation benefits as income for the purposes of figuring eligibility. I'd be happy to try to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Watson.
80 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Yes, thank you, Mr. President. I guess a question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she will yield. Senator Watson.
When someone comes into the store -- into a drugstore and they are on public aid, many of these people are also on the Circuit Breaker Program. We are reimbursed, obviously, for the Medicaid side; we are not for the Circuit Breaker side, from the federal government, on a fifty-fifty match. Does this do anything to -- to correct that situation?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Radogno.
No. It has nothing to do with the federal reimbursement.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
For -- I guess for those who might be listening, we ought to do something about that. I mean -- we have a Circuit Breaker Program in the State that's totally funded by the State and then we have the Medicaid program that's -- that's on a fifty-fifty reimbursement. Some people are in both programs. We ought to somehow get -- people that are in the Medicaid, they ought to be in the Medicaid program and that's where they ought to stay. Shouldn't be eligible for both.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Any further discussion? If not, Senator Radogno, to close.
Thank you. I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) 81 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 The question is, shall Senate Bill 1493 pass. All those in favor will vote... Opposed will vote Nay. And 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 56 Ayes, no Nays, none voting Present. And Senate Bill 1493, having received the required constitutional majority, is hereby declared passed. Top of page 23, in the Order of Senate Bills 3rd Reading, is Senate Bill 1504. Senator Syverson. Senate Bill 1505. Senator Robert Madigan. Senator Madigan. Senate Bill 1508. Senator Dillard. Senate Bill 1511. Senator Rauschenberger. Senate Bill 1512. Senator Dillard. Senate Bill 1520. Senator Dillard. If you'd turn your attention to the middle of page 11. On the Order of Senate Bills 3rd Reading, we have Senate Bill 3. Senator O'Malley. Mr. Secretary, read the bill.
Senate Bill 3. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Malley.
Senator, excuse me. Would you please take this out of the record?
PRESIDING OFFICER: (SENATOR DUDYCZ) Out of the record. Senate Bill 5. Senator O'Malley. Mr. Secretary, read the bill.
Senate Bill 5. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Malley. 82 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 5 establishes a Project Exile pilot program in Illinois. It encourages federal prosecutions, to the extent possible, of all persons who illegally use or attempt to use or threaten to use firearms against the person or property of another in connection with a drug offense and all persons who use or possess a firearm in connection with a violation of an order of protection or a domestic battery. I would be happy to answer questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 5 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 5, having received the required constitutional majority, is hereby declared passed. Senate Bill 15. Senator Philip. Mr. Secretary, read the bill, please.
Senate Bill 15. (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. Senate Bill 15 amends the Property Tax Code primarily for Elks Clubs and Moose Clubs, freezes 'em at fifteen percent. We had this same bill last year. It got out of here. As you're probably aware, riverboats and the Lottery have really hurt these two organizations. Since they've been operating, their revenues from 83 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 bingo and pull tabs is way, way down. In my estimation, they do great work. As you know, we have Mooseheart, which is a big foundling home for children and so forth, and they -- they always do good things. They're -- they're a good cause, and we ought to freeze their taxes for -- at fifteen percent.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion?
Happy to -- be happy to answer any questions. Oh! There are eighty-one Elks Clubs in Illinois and there are a hundred and twenty Moose Clubs.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 15 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 54 Ayes, 2 Nays, none voting Present. And Senate Bill 15, having received the required constitutional majority, is hereby declared passed. Senate Bill 19. Senator Lauzen. Senator Lauzen. Senate Bill 20. Senator Parker. Read the bill, Mr. Secretary.
Senate Bill 20. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.
Thank you, Mr. President, Members of the Senate. This creates an aggravated DUI Section, with a Class 4 felony, for persons who have had bodily harm due to an accident, where -- a DUI in a school zone at a time when a speed limit of twenty miles per hour 84 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 is in effect, during school hours. I would ask for a favorable vote and answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 20 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 56 Ayes, no Nays, none voting Present. And Senate Bill 20, having received the required constitutional majority, is hereby declared passed. Senate Bill 24. Senator Cullerton. Senator Cullerton. Senate Bill 31. Senator Dillard. The bottom of page 11, in the Order of Senate Bills 3rd Reading, is Senate Bill 32. Senator Dillard. Top of page 12, in the Order of Senate Bills 3rd Reading, is Senate Bill 39. Senator Silverstein. Senate Bill 48. Senator Parker. Senate Bill 49. Senator Syverson. Read the bill, Mr. Secretary.
Senate Bill 49. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.
Thank you, Mr. President. Senate Bill 49 authorizes counties to issue tax-free revenue bonds for the purpose of requiring -- acquiring home mortgages or loans, to make those loans to lenders to enable them to make first-time home mortgages. This is similar to what we did for municipalities last year. I know of no opposition.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 49 pass. All those in favor will vote Aye. Opposed will vote 85 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 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 56 Ayes, no Nays, none voting Present. And Senate Bill 49, having received the required constitutional majority, is hereby declared passed. Senate Bill 52. Senator Mahar. Read the bill, Mr. Secretary.
Senate Bill 52. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar.
Thank you. Thank you, Mr. President. Senate Bill 52 deals with the National Guardsmen of Illinois. Currently, their pay is exempt from State tax when they are on active duty status, whether they are called to a conflict around the world or their two-week annual training. This clears up a conflict and allows their pay, when they are training two days a month, to also be tax-exempt. I know of no opposition.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 52 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 55 Ayes, no Nays, none voting Present. And Senate Bill 52, having received the required constitutional majority, is hereby declared passed. Senate Bill 60. Senator Watson. Read the bill, Madam Secretary.
Senate Bill 60. (Secretary reads title of bill) 86 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Thank you very much, Mr. President. Couple years ago we allowed the Department of Revenue to list, annually, the -- the people who were delinquent in their taxes, and we made that list public. One of the thresholds for being on that list was that they had to owe more than ten thousand dollars. Well, the Director of Department of Revenue was in the Audit Commission several months ago, Glen Bower, and I asked the question, what would happen if we lowered that threshold from ten thousand to one thousand? This has been a very successful program, by the way. There's been a large number of people who have actually paid what they owe the State because their name's been publicly mentioned. His comment was that it would be significant, that there's an additional seventy-six million in -- in delinquencies that would be added if we actually lowered the threshold from ten thousand to one thousand. So that's what we want to do, and appreciate the support of the Body.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 60 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 55 Ayes, no Nays, none voting Present. And Senate Bill 60, having received the required constitutional majority, is hereby declared passed. Senate Bill 62. Senator Obama. Senate Bill 65. Senator Silverstein. Read the bill, Madam Secretary. Senator Silverstein.
Mr. President, I'd just like to table this, please. 87 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) You heard that motion. All those in favor, say Aye. Opposed, Nay. The Ayes have it. And Senate Bill 65 is tabled. Senate Bill 74. Senator Watson. Madam Secretary, read the bill, please.
Senate Bill 74. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Thank you very much, Mr. President. This bill comes to me from the Cancer Society, the fund-raising effort that goes on in St. Clair County. And it -- Calendar mentioned it amends the Vehicle Code relative to donating vehicles to charitable not-for-profit organizations. Since the price of -- of getting a title has gone up the last couple years, why, less and less people are actually going out and donating, and it's costing, of course, the charitable organization to -- additional funds to get a new title. What this will do is just make -- make it available that a new title can be issued by the Secretary of State for a charitable organization, a 501(c)(3).
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Welch.
Well, I've got two questions. One, are we including any money for the Secretary of State's budget to handle this? The second question is, how do you determine the value of the vehicle when -- when it's donated? Who does that?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
88 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 On the back of the title is a dealer reassignment area, and it's simply a matter of a transfer there. The Secretary of State won't even be involved. We're actually going to help the Secretary of State.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
Who -- who determines the -- I assume that when you donate the car, you get a tax deduction. Who determines the value of the car when you donate it?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Obviously, it'd be up to that individual who -- who makes that donation, how they want to determine what the value is.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
So if I donate a 1980 Ford, I can claim it's worth ten thousand dollars, and wait for the Department of Revenue to catch it or something?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Obviously, it wouldn't be the State, 'cause you don't make -- you don't get a deduction on your State. If, in good conscience, you feel your automobile, a 1980 Ford, is worth ten thousand dollars, and you want to put it on your federal tax form, why feel -- feel free to do it.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Peterson.
89 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Peterson.
Senator Watson, there have been several problems with people donating cars to non-for-profits, inasmuch as these titles have never been processed. And we've had some problems where, two years down the road, people have been stopped, and they've found that their license were suspended because the car that they -- the previous car they donated did not have the title changed. So it was still their car, according to the Secretary of State's Office, and they hadn't passed the emission control areas, and never responded, and they didn't own the car they had donated. Is there anything in this bill that would mandate that the -- the title, when it's turned over, would it be immediately written on the back of the title that this -- whatever the non-for-profit agency is would be applying for that title?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
That issue is not addressed.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson.
Well, I think maybe, in some other legislation, we should address this, because there have been instances where people have been notified their licenses were suspended, where they have donated cars to non-for-profit agencies and just had to go through tons of paperwork and red tape to try to get it corrected. Thank you, Senator.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Jacobs. 90 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Just as a matter of information, Senator, I think you might want to -- when this gets to the House to do what you're trying to do - and I plan on voting for it - but the dealer reassignment is still sixty-five dollars. And -- 'cause I had a bill to -- to take care of that and to keep it at the -- the former level of a much lesser amount. So it's something that you should look at in the House. I just wanted to pass that on.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Hawkinson.
Thanks. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Hawkinson.
I -- I support this bill, and I supported it in committee. But won't this just aggravate the problem that Senator -- potential problem that Senator Peterson raised, because you're skipping one stage in the -- in the title process here? And maybe we should -- we have another week. Maybe we ought to address that concern.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
I think that's a legitimate request, and we'll work with Senator Peterson and hold the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Out of the record. The middle of page 12, in the Order of Senate Bills 3rd Reading, is Senate Bill 76. Senator Sullivan. Madam Secretary, read the bill.
91 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senate Bill 76. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Sullivan.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 76 is a initiative of the Illinois Retail Merchants Association. We passed this legislation out last year in Veto Session, but it got held up, because of time, over in the House. It exempts gift certificates that do not have an expiration date. I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 76 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 54 Ayes, 1 Nay, none voting Present. And Senate Bill 76, having received the required constitutional majority, is hereby declared passed. Senator Silverstein, what purpose do you rise?
A point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
Last Friday I had the honor of speaking at Hitch Elementary School on Career Day, and behind me on the Democratic side is the Hitch School. I'd like you to give them a warm welcome, please.
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests in the gallery please rise and be recognized? Welcome to Springfield. Senate Bill 78. Senator Cronin. Madam 92 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Secretary, read the bill, please.
Senate Bill 78. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 78 amends the Charter School Law of the School Code by removing the limit on the number of charter schools that may operate in a specific region. As all of you recall, we created charter schools several years ago. We created a total of forty-five. They were designated areas. Fifteen would be allocated to Chicago, fifteen to the suburbs and fifteen downstate. We all embraced the policy that this was a new and creative way to promote education, to let the creative juices of parents and -- and teachers and school administrators to come together, draft a charter and really take responsibility for the education of their children, really and truly, into their own hands. Well, it's been a huge success in the City of Chicago. It's been a huge success because there has been a need and because there have been some very, very commendable people who have stepped forward and -- and are doing a marvelous job. They have maximized their allocation of fifteen charters. In this bill, we are proposing that they be allocated an additional fifteen, thereby giving Chicago thirty new charter schools. This means a lot to a lot of folks. For those of you who were in the Education Committee that day, the testimony was really compelling. I ask for your favorable vote, and I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Burzynski. 93 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Burzynski.
Thank you. Senator Cronin, I know that we've had a lot of discussion the last two or three weeks on charter schools, funding and everything else. Do we know what this would cost, the -- the expansion of fifteen more charters in the City of Chicago?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator -- Senator Cronin.
First of all, I -- it -- I can't answer that exactly, only to suggest to you that they have to be approved by the local school board. In this case, it would be Chicago Board. This, in and of itself, merely allocates or permits them fifteen additional charters. At the current two-hundred-and-fifty-dollar-per-pupil capitalization rate, can do the math, but I think it -- it's rather nominal, in -- in -- in relationship to the overall budget.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Burzynski.
Okay. I -- I just wanted to make sure that we understood there is a price tag to this, not that charter schools aren't great because they do a lot of good. And I'm assuming that this appropriation would not come -- the two hundred and fifty dollars per student would not necessarily come out of the State Board of Education.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.
94 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senator Burzynski, there are two bills that deal with charter schools. This bill simply increases the number of charters for the City of Chicago. This does not address the appropriation issue, which we will be taking up at a later date. I also would be quick to add, if I may, that charter schools -- this is money that you can access in -- in your area. Folks that you represent have an opportunity to access the money that would be available if they so choose to pursue a charter school. So this is not really focused in any one geographic area. It's focused on the folks that want it.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. Chairman. A question for the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator del Valle. SENATOR dEL VALLE: Senator, I have a charter school in my district, the Noble Charter School, that is an excellent school, doing very well. But not every single charter school in Chicago is doing well. There are a couple that I can think of, and I'm not going to mention them, that are doing poorly, and have been doing poorly for some time. This legislation would allow Chicago to increase the number of charters. That correct? Okay. What -- what in the legislation addresses the need to then take action with some of the existing charters? Because I thought, originally, the plan was to give these schools an -- an opportunity to operate, and if they didn't do well, they would lose the charter. Now, at what point do we see a charter pulled and then made available to another program, another school, instead of expanding the number of charters?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin. 95 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Senator del Valle, as I told -- informed Senator Burzynski, there is another bill. Didn't want to debate that bill right now, but there is a bill that addresses some of those financial needs of existing charters. We'll get an opportunity to debate that later in the Session.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator del Valle. SENATOR dEL VALLE: Senator, I -- I wasn't referring to the financial issues when I said the schools are not doing well. I'm talking about the schools that aren't doing well academically. And so, I -- I know the financial issue is in another bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.
Yes. There has -- it's not without some exception. I mean, there has been some bad experiences with charters. But the beauty of it is, those charters go out of existence. If they're not performing well, there is a mechanism in the law that says they -- they no longer exist. Their charter is revoked. You don't have that in -- in -- in the current law with respect to all other public schools.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator del Valle. SENATOR dEL VALLE: Yes. And -- and that's exactly what I'm addressing. I agree with that. I'm just wondering at what point does that kick in? Because if it does kick in, I think there may be one or two charters right now in operation that would then be made available for others. And so, how do we factor that in? And -- and is the period five years, or is it four years? I -- I don't recall 96 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 exactly what was in the original legislation that Senator O'Malley had.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.
It's a four-year trial period, number one. Number two, the governing board - in this case, the Chicago Board of Education - would have the authority to revoke their charter. And number three, the -- as I understand it, there are -- of the fifteen that are allocated to Chicago, there are currently three open slots available. But there has been as many as fifteen, and some of the fifteen have satellites, which, arguably, constitutes separate charters. So, thus, the need for this.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator del Valle. SENATOR dEL VALLE: Just -- just to close here, on my part. Then I -- I would hope that Chicago public schools will carefully look at -- at that time frame and at those two schools that come to mind that I think are -- are still having difficulty and -- and make a decision on those schools. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Obama.
Thank you very much, Mr. President. I stand in support of this bill. You know, there's been a -- an attempt over the last several years to reform schools in -- in Chicago. We've made a lot of progress in -- in many areas. Charter schools end up being one mechanism whereby we can experiment and attempt to actually move some innovative ideas through the system. Hopefully, some of those innovative ideas that immerge from the charter schools will end up being adopted by other public schools. I think the idea of 97 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 expanding the availability of charters is a sound one. I understand that the City of Chicago and the Chicago public schools are supportive of this. I do think that Senator del Valle raises an important issue. And two issues in -- in particular that I've heard that probably need to be addressed, though not necessarily in this legislation. One is, we need to make sure that, in fact, accountability with respect to charter schools is being properly administered. And I'm not sure that we've engaged in sufficient oversight in that. That may be something that we need to investigate. The second thing is I'm not sure that we have, in fact, extracted some of the best practices out of the charter schools and seen what kinds of lessons can be learned and applied to schools beyond the charter schools. That's another thing that we probably need to work on. But I think that the -- the basic experiment in charter schools thus far has been successful, and I -- as a consequence, I want to commend Senator Cronin for putting this bill forward. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? Senator Demuzio.
Well, thank you, Mr. President. I -- I was just looking here at the computer and looking at the roll call here, and it indicated that I had voted Aye on this. The fact of the matter is, is that I think the roll call is -- is incorrect in committee. Let me pose this question to the Senator, if I might.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Demuzio.
If you're adding fifteen more charter schools for Chicago and the next bill comes along indicating that - the other charter school bill - that had a revenue impact of three and a half million. What -- what's the revenue impact of this one in 98 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 creating fifteen more, if that -- if the second bill is passed?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.
I'm advised that it's about a -- a million and a half.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.
Added to the three and a half million that the other bill's going to have an impact so you -- no, it's 5.3 million. That's the other bill. So we're talking about over seven million dollars' worth of impact. I rise in opposition.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Cronin, to close.
Thank you very much. Thank you for some remarks from the other side of the aisle, some of those remarks. I appreciate the support and appreciate the recognition that this is a new way, relatively new. The experience has been successful, although there's -- there's not one-hundred-percent success, but successful enough that we -- it's appropriate to expand, give these folks a chance to -- to continue their good work. I ask for your Yes vote. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 78 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 34 Ayes, 17 Nays, none voting Present. And Senate Bill 78, having received the required constitutional majority, is hereby declared passed. Senate Bill 107. Senator del Valle. 107. Senate Bill 109. Senator del Valle. Madam Secretary, read the bill. 99 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Senate Bill 109. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. This bill amends the School Code, adding Hispanics to the list of the specific ethnic groups whose role and contributions in the history of this country and State are required to be studied in teaching of U.S. history. And it also updates references to African Americans, and Czech and Slovaks.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 109 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 55 Ayes, no Nays, none voting Present. And Senate Bill 109, having received the required constitutional majority, is hereby declared passed. Senate Bill 113. Senator Parker. Senate Bill 117. Senator Parker. Madam Secretary, read the bill, please.
Senate Bill 117. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.
Thank you, Mr. President, Members of the Senate. This is an initiative of the Illinois State Bar Association. This bill 100 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 amends the criteria for modifying or terminating maintenance in a post-decree hearing so that it is similar to the criteria for awarding maintenance at the initial dissolution or separation hearing in the Illinois Marriage and Dissolution of Marriage Act but more accurately reflects modern life at the post-decree hearing. I would answer any questions and request a favorable vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 117 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 55 Ayes, no Nays, none voting Present. And Senate Bill 117, having received the required constitutional majority, is hereby declared passed. Bottom of page 12, in the Order of Senate Bills 3rd Reading, is Senate Bill 118. Senator Klemm. Senator Klemm. On the top of page 13, in the Order of Senate Bills 3rd Reading, is Senate Bill 130. Senator Robert Madigan. Senator Madigan. Senate Bill 131. Senator Madigan. Senate Bill 132. Senator Robert Madigan. Senate Bill 138. Senator Cullerton. Senate Bill 155. Senator Rauschenberger. Madam Secretary, read the bill, please.
Senate Bill 155. (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. In an effort to modernize Illinois law and bring us at the same level that more than forty states now treat this policy, and to 101 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 cost-effectively attempt to reduce the transmission of hepatitis, HIV and AIDS, and to hopefully reduce the future -- and to hopefully reduce the future human and financial cost of treating victims of these diseases, Senate Bill 155 deregulates the purchase and possession of sterile hypodermic needles. The bill includes a requirement for the Department of Public Health to provide guidelines for proper disposal and make them available for distribution at pharmacists. It includes, at the request of the Public Health Committee, after spirited debate, a sunset date and a repealer of January 5th {sic} (1st), 2005 {sic} (2006), and requires the Department of Public Health to study the effectiveness of this effort and to report back to us before the repeal. I would appreciate thoughtful consideration and, hopefully, a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Donahue.
Well, thank you very much, Mr. President. I rise in very strong opposition to Senate Bill 155, and I want to make two very important -- this bill makes two very important changes to current law. First, this bill allows anyone age eighteen or over to walk into a pharmacy and buy up to ten needles without a prescription. Secondly, Senate Bill 155 allows that -- the same person to possess those same ten needles without a prescription. And I'd have to say that the sponsor, in committee - now, you didn't mention it on the Floor in debate today, but in committee - talked about how important this was for people in our communities that have diabetes and that they needed this legislation in order to have -- to buy needles and to possess needles. So I would question you -- I mean -- and ask the -- ask the sponsor a question, that if, in fact, the diabetic angle is still a part of your issue. 102 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Senator Donahue, for asking that question. It's one of these kind of damned if you do, damned if you don't. At various times, I've discussed the diabetic aspect. My wife is diabetic and has been since age nineteen. She uses five sterile syringe needles a day. But when I've raised it at points, people have said, "Oh, you're trying to hide the question of HIV, hepatitis and AIDS transmission." But I'd be happy to touch on that point, and I will real briefly. In order for -- if my wife sends me to the drugstore, I can buy her insulin. I'm not allowed to buy or possess her hypodermic needles. If my wife is out of our local area and does not have a copy of her prescription with her, you have to call the doctor and get oral permission for her to -- to receive medical utensils that are vital and important to her life. We have more than 1.1 million diabetics in the State of Illinois, and more than three-quarters of them use hypodermic syringes. This -- this barrier of access to an important medical device that they need is a burden and an unreasonable one. There hasn't been prosecution for clean needle possession, as far back as anybody can trace records, for more than ten years. This is another example, I think, of well-intentioned legislation of the past, which tried to regulate the -- the drug -- illegal drug activity, that really causes a burden on -- on pharmacists, on pharmacies, on doctors, and on diabetics and legitimate needle users. So I -- I appreciate the opportunity. I think the diabetic angle is a very important one, and I'm happy to debate that or the question of -- of transmission of blood-borne diseases.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue. 103 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Well, I -- I would ask, actually, the Members to think back, and have you had questions from constituents back home, who are diabetic that are having a problem with this? Because current law allows them to possess needles, it allows them to buy needles. Yes, they have to have a prescription, but they don't necessarily have to have it with them. Yes, Senator Rauschenberger, you could not buy it for your wife. I understand that. But she can, and -- and I don't think that there's been a major outcry, from the diabetic community, of concern about this. So, in essence, what you're trying to do is to allow anyone over the age of eighteen to buy and purchase -- to purchase and to possess needles. I would ask you, then, does this have any type of a needle exchange for clean needles? What are we trying -- you know, you talk about the Department of Public Health to talk about this, but what type of restrictions or requirements are in this legislation?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Again, I really appreciate the thoughtful questioning. This bill does not deal with either the question of universal disposal of hypodermic needles, nor is it a needle exchange program. A needle exchange program statewide, for the entire State of Illinois, would probably cost between fifteen and twenty million dollars - are what the estimates run. We're not asking the State taxpayers to pay for clean needles. What we're trying to do is let people have possession of them. If -- in the case of disposal, as I said before, there are 1.1 million diabetics in the State of Illinois, and there are people with other conditions who use hypodermic syringes. It might be thoughtful or important, sometime in the future, for us to deal with the question of whether we ought to have mandated disposal. But as you pointed 104 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 out earlier, there has not been a major statewide outcry or problem with the disposal of needles. My wife, as I mentioned earlier, has been a diabetic for more than twenty years, and it's true, diabetics don't complain a lot. They live with their disease. Most of them live with it very quietly 'cause they don't like to share the fact that they take five, you know, injections a day. Most people who know my wife wouldn't know that she was a diabetic. So, they don't complain a lot. But as we deal with their questions of disposal in the future, it may be thoughtful that we ask pharmacists to become disposal sites. There are appliances and devices in other states. But of the forty-six other states that have decriminalized possession and purchase of needles, disposal has not been a widespread problem.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue.
Thank you very much, Mr. President. Well, to the bill: I would just simply say I'm very strongly opposed to this. It changes -- dramatic change in policy of State, and it's doing two things: Anyone over the age of eighteen can go in and purchase up to ten needles; anyone over the age of eighteen can possess these needles. It's not really a diabetic issue and it's changing our policy. And it's allowing individuals and targeting these individuals with drug addictions, and it's going to allow them to do an -- an - wait, just a second - an legal act to do an illegal thing. And I think that is wrong, and I certainly hope that we will defeat Senate Bill 155.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Obama.
Thank you very much. Just a question for the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) 105 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Sponsor indicates he will yield. Senator Obama.
I wanted to just highlight the fact that, as I understand it, we are currently only one of four states that still criminalize the purchase of clean needles. Am -- am I correct about that?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
I think I misspoke earlier. We're one of only five states. There are forty-five states. If this bill were to pass both Chambers and be signed by the Governor, we'd be the forty-sixth.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Obama.
Is -- is there any indication whatsoever that in the overwhelming majority of other states in which this is not a criminal activity, that drug use is -- the incidence of -- of drug use is higher than it is in those states that maintain these laws?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
No, Senator Obama, there is no documented increase in drug use in states that have decriminalized or deregulated the possession of needles. The CDC has studied that extensively, as well as the U.S. Surgeon General under two different administrations.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Obama.
Now, I'm looking at the list of proponents, at least in our analysis, and I see such groups as the Illinois State Medical Society, the American Academy of Pediatrics, the Illinois Pharmacists Association, the Illinois Nurses Association, the AMA, 106 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 the World Health Organization, the American Pharmaceutical Association, the National Commission on Age, the U.S. Department of Health and Human Services, the National Academy of Sciences. You already mentioned the CDC. My understanding is these generally are not groups that are seeking to promote drug use among individuals, or -- and -- and certainly take the problem of -- of drug use seriously. Can you tell me why it is that they're proponents of this bill?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
I think they have published and believe more than forty studies that have been done that believe -- that point to access to clean needles as a factor in the reduction of the transmission of HIV, the -- the infection of AIDS, and the transmission of -- of hepatitis, as well as other blood-borne diseases. They believe it's an effective strategy, a cost-effective strategy, to help reduce the transmission of blood-borne diseases.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Obama.
Then, I guess, just one last point. Isn't it true that for those persons who are already actively addicted to drugs -- setting aside the benefits that this bill would have for diabetics and -- and -- and other persons who -- who need it for medical purposes, isn't it safe to say that the most that would happen here is that essentially people who are currently using dirty needles and, as a consequence, potentially passing on such diseases as HIV and hepatitis, essentially are going to be using clean needles instead?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger. 107 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
I would agree with the assertion.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Obama.
A final comment. I -- I know these are difficult issues oftentimes because they can easily be politicized. I know that everybody always -- you know, at -- at times, is worried about what is going to appear in a mail piece. This is a situation where people's health are at issue. I think none of us here are seeking to decriminalize drug use. On the other hand, I think the notion that somehow we would impose a death sentence on persons who are basically suffering from this public health illness, by allowing them to share dirty needles, is not good public policy, is something that we should shy away from. If we know, and the CDC and a variety of major health organizations in this country, every credible scientific piece of evidence that's available indicates that this cuts down actively on the incidence of potentially fatal diseases, I find it difficult for us not to vote in the affirmative on this bill. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Lauzen.
Thank you very much, Mr. President. First of all, I'd -- I'd like to assure the sponsor that I have the deepest respect and affection for -- for you and your entire family. The -- I do have two concerns. Following up on the -- the last speaker, can you -- can you give your reaction to a couple of studies? The American ________ _______________________ Journal of Epidemiology, in 1998, reporting a study conducted in Montreal where there was an increase in the -- the needle, you know, going out into the system, it said that three out of four program clients continued to share needles; that participants - 108 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 and this was a needle exchange program - were two times more, not less, likely to become infected with HIV than intravenous drug users who did not receive the clean needles; and number three, addicts who were initially HIV-negative were more likely to become positive after participation in the needle exchange; and then, in a private interview with an elementary schoolteacher - and I know that this anecdotal, but I think that an observation like this is important in the -- in debating this issue - that an elementary schoolteacher said that children at area schools are not allowed outside at recess for fear of the needles that may have been discarded. That's the one study. The second study, if I can group 'em, because my guess is that your response would be to both of 'em, British research journal, called ____ AIDS, reported a study conducted in Vancouver found that HIV rates among DUIs {sic} (IDUs) soared from less than two percent in 1988 to twenty-three percent in '97; forty percent of the participants reported borrowing a used needle in the preceding six months; and after only eight months, 18.6 percent of those initially HIV-negative became affected; death rate due to illegal drugs skyrocketed from 18 in 1988 to six hundred in 1998, although 2.5 million clean needles were given out in 1998. Could you give us your response?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Yeah, I'm glad you asked about that, Senator Lauzen. We're all aware that you can -- can do a study for the results you want. Let me take the last study first. In the last study, the people who did the study failed to control for the growth in intravenous drug use generally. They try to attribute the -- to the needle exchange program in that case, or to the -- to the programming in that area, the growth in intravenous drug use. The intravenous drug epidemic began in the mid-eighties and ran through about 109 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 1997-98, as it's begun to tail off a little and inhaled drugs have become much more popular. If you were to control for the growth outside of the control area, you'd have the differential or the effect of the needle exchange program. They failed to do it, and so they attribute the growth in use of illegal drugs to the needle exchange program, which you and I would know is -- it's an invalid way of doing your study. Now, they do it because they want to make a point. They don't believe you ought to have access to needle exchange programs 'cause they believe that increases people's likelihood of being a drug user. Now, that's a question you have to decide if you believe. More than forty studies by respected health organizations seem to clearly point to no increase in general use if you control for the -- what's going on in the general population. The last thing I guess I'd leave you with is, these -- a couple of these studies reference needle exchange programs. This is not a needle exchange program. This is deregulating access to clean needles. Needle exchange programs have various effectiveness, depending upon how they're run. I -- I would find it hard to believe that you could come up with a study that would say that an intravenous drug user at the beginning is going to have a higher likelihood of getting a blood-borne pathogen if he has a clean needle. You know, just on its face, that doesn't seem to make a lot of sense. But, as I say, there were a couple of studies presented - I think you're in possession of the ones that -- that were discussed in committee and are on fact sheets - but those are uncontrolled studies. The last piece I guess I should touch on, 'cause I don't want to forget your other point, was the question of the schoolteacher talking about being afraid of letting children out to play now, because of -- of... There are conditions and situations in the -- in -- in parts of the State of Illinois, perhaps, and in other places in the country where disposal of needles, because of high 110 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 use of illegal intravenous drugs, is a problem. I don't believe this bill makes that any better, and I don't believe this bill makes it any worse. The fundamental question of needle disposal is one that maybe we need to deal with, but it has nothing to do with this bill. In fact, I would argue that, you know, those kind of areas are going to be least affected by a bill like this.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen.
Actually, you lead to where I -- I have the second concern. By this bill, we are going to increase the supply of -- it would be intuitive that we're going to increase the supply of needles out into our society, into our system. Our second -- my second concern is that there's no procedure for proper needle disposal. I understand that Doctors Kailenn Tsao of the University of South Carolina School of Medicine, Elizabeth Roaf of Tufts University School of Medicine said, quote, "No doubt, trash collectors and beachgoers, among the people {sic} (persons) most assuredly at risk to experience a sudden and significant increase in needlesticks and AIDS transmission should syringe deregulation go into effect, would speak vehemently against such a proposal." And they say "Access" -- and -- and I don't mean to hurt anybody's feelings, but "Access to (an) endless supply of needles to society" - and limited, limited, ten per purchase per period of time - "supply of needles to society's most irresponsible members is as preposterous as it is unthinkable." Could you respond to how you feel? I do feel that if we're going to put the needles out into the system, we also ought to have a system of proper disposal.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
111 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Thank you, Senator Lauzen, 'cause I do know that people care deeply about this issue. I guess I would point out a couple things. The vast majority of -- of intravenous drug users, like the vast majority of diabetics, are secretive about their drug use. They are not doing -- I mean, in Springfield today, there are intravenous drug users. They don't tend to do it on the street corner and they don't tend to advertise their presence or what they're doing by throwing the needle on the beach while they're laying in the sun. It -- there are disposal questions and problems with needles. There's no question. I think Senator Syverson came closest, in the Public Health Committee. As he's discussed, over time, maybe we need to take a look at -- at trying to incentivize the commercialization of retractable needles for all intravenous drug use. There are, you know, people developing products where after they're disposed of, whether for diabetic use or -- or for other intravenous use that's legal or for illegal intravenous use, they would not -- they would be less likely to prick people. Anybody in the waste-hauling industry today is subject to the legal disposal of in excess, I would guess, of three million needles a day. So I don't believe this is going to materially affect the risks borne by the trash haulers or by the people who have to process garbage. It's certainly anybody processing refuse today needs to be exceptionally careful. You know, we now understand the risks of blood-borne pathogens more than we ever have before. But I really don't believe this bill deals with that. I think maybe we, as a Legislature, should at some point, but we need to take into consideration the 1.1 million diabetics and other people who legally use needles.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Trotter.
Thank you very much, Mr. President. Just like to make a few 112 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 comments. I want to commend Senator Rauschenberger for championing this issue. This is something that certainly transcends race. It transcends ethnicity, socioeconomic status, gender, you name it. No one is immune from the HIV/AIDS. But also pointed out here, this is not just exclusive to those HIV/AIDS; we also have those individuals who are diabetics who are -- who are in need of this legislation. Senator -- Senator Obama ran off a couple of people that was in -- supporting this initiative. One is the Juvenile Diabetes Research Foundation of Chicago. We also have the Chicago Department of Public Health, the Clay County Department of Public Health, Cook County Department of Public Health, the Lake County Department of Public Health, DeKalb, Kane, Macon, Macoupin, Ogle, Stephenson, Will County, and the list goes on. And these are individuals who have the responsibility to address our well-being and the prevention of epidemics here in our State. But what also we need to look at when doing this, that when you have a productive individual who is actually impacted by HIV/AIDS, they no longer become wage earners. They become tax burdens to this State. Up to seven hundred and fifty million dollars will be lost to this State on long-term care alone for individuals who are impacted by this disease, HIV/AIDS. This is certainly not a silver bullet to address HIV/AIDS, which is why, in this legislation, it directs the IDPH to create materials and information on disposal and drug treatment which pharmacists must - it says "must" - make available to everyone purchasing syringes. It directs the Illinois Department of Public Health to issue guidelines on syringe disposal so that all Illinois communities can develop disposal programs. And it also requires that needles be kept behind the counter and requires pharmacists to distribute the information about disposal and about the safe use of needles. Again, this -- this isn't the -- the final answer to a problem that we have in our State, which is why, 113 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 in fact, it has a sunset date. We have five years to look at what other people have been looking at in their communities and made their communities much more safer and more -- a well place to live. So I -- I encourage everyone to vote for this legislation, not just because you don't have someone who is suffering from HIV/AIDS in your household, but for your neighbors who are. As pointed out, again, very eloquently by Senator Rauschenberger, this happens on all of our blocks in all of our communities and it's time that Illinois starts acting like some of the other very reasonable states throughout -- the other forty-five reasonable states and pass this needed legislation.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Weaver.
I would move the previous question.
PRESIDING OFFICER: (SENATOR DUDYCZ) Thank you, Senator Weaver. There are six additional speakers. Six additional speakers. Further discussion? Senator Cullerton.
Yes, thank you, Mr. President, Members of the Senate. I'll be very brief. Just wanted to make one point. We -- we have a bill that Senator Lauzen actually is sponsoring, which we'll be considering in the near future, dealing with the issue of pediatric AIDS, attempting to get insurance coverage for drugs that will allow a pregnant woman to have that child without having that child have pediatric AIDS. The -- in Illinois, all of -- virtually all of -- ninety-six percent of -- of our pediatric AIDS cases occurred because an adult did not have access to a sterile syringe. This bill, one of the side effects could be to potentially eliminate pediatric AIDS crisis in Illinois, which has been increasing in the last ten years by over three hundred percent. It's another reason to vote Aye. Thank you. 114 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Syverson.
Thank you, Mr. President. Couple questions of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Syverson.
Senator, under your legislation, sharing or possessing of unsterile or unpackaged needles, is that still illegal?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Well, first of all, Senator, I want to thank you for standing close enough to the mike for me to hear you now. Yes, it -- it -- it would -- we -- we believe it's clearly still probable cause: If a law officer sees an unwrapped needle, that's a presumption for him to stop and search. If you're in possession of a needle with any amount of drugs in it or if you're in possession of an unsterile needle, those are -- those are both -- if -- if the lack of sterility is related to drug use, those are both still illegal.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.
And also to make -- make it clear, this is not an exchange program; this is something where an individual does need to go in and actually purchase those needles.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Yes, this is a needle purchase program; it's not an exchange. There's no cost to the State of Illinois for providing needles. The only cost relates to having the Department of Public Health do 115 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 a comprehensive recommendation brochure for all needle users on the proper disposal and -- and handling of intravenous needles.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.
Last question. We did talk about the idea. Currently, there is a disposal problem, and that exists today regardless of this legislation, a serious problem, as Senator Lauzen had mentioned, about needles being left around or out for the public to have. We require -- and there's been legislation that has pushed hard to have retractable needles to protect nurses in nursing homes and in hospital settings. Would you be open to either on -- on this or in the future, of looking at phasing in the idea of having -- if you're going to be purchasing needles over the counter, that they be retractable needles, regardless if you're a diabetic or what your purchase is -- what your reasoning for purchasing it, so the public would be -- would be protected? Is there any reason to object to the retractable needles?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
No, Senator. And, again, I'm glad you raised that. You raised it thoughtfully in committee. We need to, over the next year or two, ask the Department of Public Health to take a look at what the impact would be if we would get the volume of retractable needles up to the level of what current needles are, whether the cost differential wouldn't be almost insignificant. I think that's a wonderful idea. I intend to -- to tell the House sponsors that they should take a hard look at that, and we'll try to get people focused on that issue.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator del Valle. 116 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 SENATOR dEL VALLE: Thank you, Mr. Chairman. Every year my office organizes groups -- groups to go out and -- and do neighborhood cleanups. And whenever we organize a cleanup for a couple of the parks in the area, one of the things we always do is -- is we ask the kids and the adults that are supervising to -- to wear gloves, and they're given containers so that the needles that they find can be properly secured and -- and properly handled. And so when this bill came up, that's the first thing I thought of, of how we have to go through that. But I am supporting this, this legislation, because, number one, it will force us to have to look at how this measure will impact on the number of AIDS and hepatitis cases in the State of Illinois. This is a five-year bill, and so I think that even though it's difficult, it's a tough issue, I'm uncomfortable with it, I think many people are uncomfortable with it, the fact of the matter is that what we're doing is we're going to experiment. We're going to see if one particular measure will reduce the number of pediatric AIDS cases, will reduce the number of IV-related AIDS cases in the State of Illinois. And I think -- given what AIDS represents and what it does, what it's doing to our society, I think it's worth taking these risks.
PRESIDING OFFICER: (SENATOR DUDYCZ) I beg your pardon, Senator. Senator, one second, please. Senator del Valle. SENATOR dEL VALLE: And I think it's -- it's worth taking this step, because if we can -- we can reduce the number of cases, then I think then we can say that this has worked. If we don't see a reduction in cases, if certainly no change is there, then the law would not continue, and then we'll go back to the way we're doing it now. So, certainly, I would urge you to please consider taking this step to see if we can reduce the number of cases. 117 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Parker.
Thank you, Mr. President. And I understand the sponsor is very well-intentioned. Certainly, diabetes is extremely important. I know it's a sensitive issue. However, this bill really keeps the status quo, as far as diabetics. All it does is say that a person that is a diabetic, instead of having a prescription, can now go in and purchase ten needles without a prescription. I understand also the concern that we have for trying to do something about AIDS and the spread of that, but this bill doesn't get to the root of the problem and that problem is the drug addicts. So I would like to ask the sponsor: What in this program is in here for counseling or for additional drug treatment for those persons with drug addictions?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Well, I'm glad you raise that question, Senator Parker. This does not deal with treatment and it does not deal with counseling. It's difficult, in one bill, particularly with the complexities of how people feel about this issue, to give you a comprehensive solution to what's -- what's happening in the United States with drugs. But what we do clearly know is that the -- the get-tough program of fifteen years ago that's filled our prisons, that has really driven people underground and separated people from society, has not been a big success either. So, this doesn't deal with treatment and it doesn't deal with counseling, but it does deal fundamentally with the question of blood-borne diseases and reducing that problem.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker. 118 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
I understand your concern with everything, Senator; however, if you're going to have it - and it's true that there will be more needles out there, there will be more opportunity for people to be infected by those needles who are also innocent people - then it seems to me that part of this bill should not only be drug treatment and something to get at the root of the problem of the drug addicts, but also something for disposal. Now, let's look also at the people who are opposed to this bill: the Illinois State Police, the Illinois Family Institute, the Family PAC, the Illinois Pro Family Network, Concerned Christians of America, the Allied Waste Industries, who are the disposal people, the Browning-Ferris Industries, who are the disposal. It seems to me that if we're going to do something like this, a package would be to address the root of the problem, and that is the drug addiction - which is illegal to be doing the drug addiction anyway - and come up with treatment to really help them out. All we're doing here is enabling drug addicts to support their addiction. We are not getting at the root of the problem. And I would suggest that the sponsor reconsider this bill and put those other opportunities for disposal and for getting to the root of the treatment for drug addicts before he presents this before the General Assembly, and I would urge a No vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Roskam.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Roskam.
Senator, just a couple quick questions. Is there -- I heard some of the proponents of the bill describing this as sort of a -- 119 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 our current situation as one that's criminalized. That's a little bit of an overstatement, isn't it? It would only be criminalized for those people that don't have the sanction of a physician in Illinois. Isn't that right?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Currently - currently - if I am in possession of -- of clean needles - okay? - that is a criminal offense under Illinois statute, regardless of how I intend to use them, whether I'm going home to make models, whether I'm taking them to my diabetic wife. So I think it's fair to call that criminal. I mean...
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Roskam.
But the good news is that those people who have the permission of a physician pursuant to a prescription, that's not criminal activity at all. They could be anywhere in the State of Illinois, and as long as they have that permission from a Board-certified physician licensed to practice in Illinois, they can have that with full protection of the law. Isn't that right?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Yes, Senator Roskam, provided -- when my wife would be arrested or would be seen with needles, provided she has proof with her and can prove that she has a right to those or they can find her doctor to give oral attestation that she has the right, she is not subject to criminal arrest. And I would presume it would be a reasonable defense if she did not -- if she was not able to produce that at the time, that she would be able to defend herself with a prescription later, but that is, you know, I would 120 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 argue, a burden.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Roskam.
But you're not aware of any cases where people have been wrongfully accused or wrongfully tried or wrongfully indicted or convicted on any of those types of complaints, are you?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Exactly to my point, and I appreciate it. The law enforcement community doesn't need or use this tool. It's only effect is to restrict lawful access by people who need them and also to reduce -- to make it difficult for clean needles to be available for those people that are intravenous drug users.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Roskam.
So, following up on Senator Donahue's inquiry, the only people that would be benefitting under the -- this Act, with the exception, arguably, of the convenience that you mentioned earlier of those who have a script, would be people whose conduct is illegal as it relates to drug use. Isn't that right?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
No. I don't think that characterization is right at all. It was a well-done question, but I think I've talked a lot about other people who benefit from decriminalizing and -- deregulating this access. When my -- my wife uses five needles a day. Okay? There are occasions when it's not convenient and a couple cases where it was not recommended that she be the one that 121 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 go to the pharmacy to get the needles. There are many Illinoisans who live with conditions and circumstances that would benefit if they could go to the pharmacist and get needles for very reasonable, legal purposes. But you're also correct: Those people who might be using needles in connection with illegal activity also benefit from the decriminalization.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Roskam.
Okay. And that's -- that's really the -- point that I was obviously driving toward. You were dancing. You were good. But you're not that good. Let me ask one other question, Senator. Is there any limitation in Senate Bill 155 about who can purchase the -- the hypodermic needles? Right now I think there's an age requirement. Is there any other restriction?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Yes, it's a very restrictive bill, much more restrictive than your access to cigarette lighters or spoons or other things used in the illegal drug trade. But, yes, you have to be over the age of eighteen to purchase needles under this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Roskam.
That's what I had in my question. So my real question was: Is there any other restriction, other than the age restriction?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
I presume you have to be able to pay for the needles.
PRESIDING OFFICER: (SENATOR DUDYCZ) 122 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senator Roskam.
So, if somebody is out on probation, for example, on a drug offense, under your bill, could they go in and they could buy ten -- ten syringes?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Yes, presumably, they could.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Roskam.
If they have a large history of drug patterns in the past, is there anything in your bill that would prevent them from purchasing those syringes?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
There's nothing in this bill that would prevent them from breaking their parole and buying needles and engaging in illegal drug trade, which is why we've tripled the number of parole officers in the State of Illinois.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Roskam.
Is there anything in your bill that would prohibit somebody with a pattern of an unstable mental condition or in any type of risk of a mental health difficulty from purchasing those syringes, Senator?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
123 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 No, and legislators could too.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger, to close.
Well, I really appreciate everybody's thoughtful debate. I know this bill or this issue might be emotional to some. I guess I would hang my hat on a couple of things. First of all, I have worked with this bill and the proponents and the issues for more than three years. I don't bring this bill before the Senate lightly or simply because someone pigeonholed me or buttonholed me in the hall and asked me to carry it. I do believe there is an unreasonable imposition on -- on legal hypodermic needle users in the -- in the State of Illinois. And I do think it's unreasonable to use a law that doesn't seem to have any positive effect on the reduction in intravenous drug use, to -- to restrict that needle access for legal needle users. This bill also appears, based on the experience in forty-five other states, to -- that it will lead to the reduction in the transmission of blood-borne diseases. This bill is self-funded. It pays for itself. We're not asking the State to invest money in this. We're just asking the State to modernize. I think we have to recognize that over the next -- that over the next ten years, we may have to face up to reviewing statutes that were passed in the -- in the "go-go" days of the eighties where making things tougher was the -- the element of the day. It must have been very difficult to -- to repeal the Volstead Act after they made that -- that -- that thoughtful decision to prohibit access to alcohol. We need to work on -- on drug addiction. We need to work on the illegal use of drugs, but the Criminal Code has not been terribly effective. This vestigial part of the Criminal Code is something that we should repeal because it's in the interest of public health, it's in the interest of our children, it's in the interest of the finances of 124 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 the State not to have to finance and treat people for blood-borne diseases that are preventable. I really hope that we can get past the passion and take a little political risk and do the right thing here today. I would really appreciate a Yes vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 155 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 29 Ayes, 22 Nays, 2 voting Present. And Senate Bill 155, having failed to receive the required constitutional majority, is hereby declared failed. Senator Rauschenberger.
I'd like to request Postponed Consideration.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger seeks to -- leave to have Postponed Consideration. Leave is granted. Senate Bill -- Senator Hendon, what purpose do you rise? Senate Bill 161. Senator Syverson. Senate Bill 162. Senator Syverson. Senate Bill 164. Senator Rauschenberger. Read the bill, Madam Secretary. Senator Rauschenberger, you seek leave of the Body to have Senate Bill 164 returned to 2nd Reading for the purpose of an amendment? Senator Rauschenberger seeks leave of the Body to return Senate Bill 164 for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 164. Madam Secretary, are -- are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Rauschenberger.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
125 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment is a technical amendment, requested by the Department of Revenue, to the bill. I'd appreciate its adoption.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, all those in favor, say Aye. Opposed, Nay. The -- the Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 175. Senator Lisa Madigan. Madam Secretary, read the bill, please.
Senate Bill 175. (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 175 recognizes the serious nature of domestic violence by enhancing the penalty for a battery committed at a domestic violence shelter for women and children. It would make a battery committed at a domestic violence shelter an aggravated battery. I would be happy to answer any questions you may have.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Molaro.
Thank you. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she will yield. Senator Molaro.
126 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Would -- would there have to be some nexus between the battery itself? So in other words, if I'm arguing with Senator del Valle near a shelter, we don't even know it's a shelter, and I hit him and I get arrested for battery, would I now be a Class 3 felony?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan.
Senator Molaro, thank you for asking that question. In fact, that was an issue that was brought up by Senator Hawkinson that we clarified with the amendment to the bill so that it was somebody who would be either coming from or going to a domestic shelter, so that there would be a nexus when the battery was committed. So if you and I got into a fight, just for some unknown reason, and we just happened to be near a domestic violence shelter, we would not necessarily -- or, you would not necessarily be charged with an aggravated battery.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 175 pass. All those in favor will vote Aye. Opposed will vote Nay. And 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 55 Ayes, no Nays, none voting Present. And Senate Bill 175, having received the required constitutional majority, is hereby declared passed. Senate Bill 184. Senator Luechtefeld. Madam Secretary, read the bill, please.
Senate Bill 184. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Luechtefeld.
127 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Thank you, Mr. President, Members of the Senate. Senate Bill 184 creates the Farm Products Economic Development Act. About three years ago, we passed out of this Chamber, overwhelmingly, a bill to create small -- help create small- and medium-size ethanol plants in the State of Illinois. It passed the House. The Governor vetoed it. I think we passed it over the Governor's veto. It did not get called in the House. This bill does basically the same thing. In an attempt to -- with new -- renewed interest in the -- in ethanol, our neighboring states are -- are creating these economic incentives to create ethanol plants in -- in some of our neighboring states. We, being a very large corn-producing State, I really think we need to -- to do that here in this State, as much as possible, to keep the money in the State and give the farmers a better price for their product. I would be glad to answer any questions on this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator O'Daniel.
Thank you, Mr. President, Members of the Senate. I rise in strong support of this legislation. You know, as we outlaw the MTBE and use more ethanol in this State, it'll be very beneficial not only to the motoring public and -- and our environment, but also to -- to agriculture. And what this legislation really does, after the people invest in this -- this ethanol plant, it gives them a chance to recoup part of their investment. I think it's a good move and I support it very strongly.
PRESIDING OFFICER: (SENATOR DUDYCZ) If there's no further discussion, the question is, shall Senate Bill 184 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 55 Ayes, no Nays, none voting 128 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Present. And Senate Bill 184, having received the required constitutional majority, is hereby declared passed. Senate Bill 207. Senator Peterson. Madam Secretary, read the bill, please.
Senate Bill 207. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson.
Thank you, Mr. President. Senate Bill 207 amends the Income Tax Act to create a credit for long-term care premiums. The bill creates an income tax credit for individual filers in an amount equal to fifteen percent of the premium costs for qualified long-term care insurance coverage for the taxpayer, spouse, parent or dependent. There are several limits to the credit. The amount may not exceed two hundred dollars per qualified policy. The amount may not exceed the taxpayer's liability, and there is no carryforward provision. As you all know, in our Medicare costs in the State of Illinois, about sixty-five percent of the costs of Medicaid is devoted to nursing homes. I think if we encourage people to get long-term care insurance, that this will help the State in the long run, and I ask for your support of Senate Bill 207.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 207 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 wished? Take that record. On that question, there are 55 Ayes, no Nays, 1 voting Present. And Senate Bill 207, having received the required constitutional majority, is hereby declared passed. Senate Bill 129 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 209. Senator Watson, do you wish that Senate Bill 209 be returned to 2nd Reading for purpose of an amendment? Senator Watson seeks leave of the Body to return Senate Bill 209 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 209. Madam Secretary, are -- are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Watson.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Thank you, Mr. President. This is the legislation that deals with the sales tax on gasoline. As you know, it does have a fiscal impact. There's still some question as to what that fiscal impact may be. What this amendment does is delays the implementation of the Act until July 1st of 2002. The current date in the legislation is July 1st, 2001. This gives us an extra year to be able to plan for the possible lost revenue that may be -- may happen as a result of the sales tax elimination on gasoline.
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... I beg your pardon. Senator Clayborne. 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, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 222. Senator Dillard. Senate Bill 252. Senator Lauzen. Senate Bill 257. Senator Dillard. Senate 130 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Bill 264. Senator Mahar, do you seek leave of the Body for the bill to be returned to 2nd Reading for purpose of an amendment? Senator Mahar seeks leave of the Body to return Senate Bill 264 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 264. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Mahar.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar.
Thank you, Mr. President. The underlying bill allows school districts to grant diplomas to World War II vets who were called to service of their country prior to receiving their high school degree. The -- this amendment adds veterans of the Korean Conflict as well.
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 amendments approved?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 273. Senator Watson, do you seek leave of the Body to have Senate Bill 273 returned to the Order of 2nd Reading for the purpose of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 273. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Watson. 131 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Yes. Thank you. This is a technical amendment.
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. There any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the bottom of page 13 is -- in the Order of Senate Bills 3rd Reading, is Senate Bill 270. Senator Munoz. I beg your pardon. Senate Bill 290. Senator Munoz. Madam Secretary, read your -- read the bill.
Senate Bill 290. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Munoz.
Thank you, Mr. President, Members of the Senate. Senate Bill 290 amends the Illinois Vehicle Code regarding the Selective Service System. In summary, it's any male United States citizen or immigrant who applies for any permit or license authorized to be issued under the Code or for renewal of any permit or license - must be at least eighteen years of age but not more than twenty-six years of age - must be registered in compliance with the requirements of the federal Military Selective Service Act. The Secretary of State must forward in an electronic format the necessary personal information regarding the applicants subject to 132 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 the registration with -- Selective Service System. The applicant's signature on the application will serve as an indication that the applicant either has already registered with the Selective Service System the necessary information for registration. The Secretary of State will notify the applicant at the time of the application that his signature constitutes and -- consent to register with Selective Service, if he already is not. One good thing I did find about this bill that I wasn't aware of, even after serving in the military, is anyone who has not been registered by the time he's twenty-six years of age will not be able to seek federal employment, federal job training, also to gain federal student financial aid. I will attempt to answer any questions at this time.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 290 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 56 voting Yes, no voting No, no voting Present. Senate Bill 290, having received the required constitutional majority, is declared passed. Moving right along, on page 14. Top of page 14, Senate Bills 3rd Reading, is Senate Bill 317. Out of the record. Senate Bill 329. Senator Sieben? Mr. Secretary, please read the bill.
Senate Bill 329. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.
Thank you very much, Mr. President, Members of the Senate. 133 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 This legislation removes the limitation on teaching interns. It allows them to be hired on a full-time basis and allows the Regional Office of Education to approve those intern programs. Know of no opposition and ask for your Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 329 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 56 voting Yes, no voting No, no voting Present. Senate Bill 329, having received the required constitutional majority, is declared passed. Senate Bill 330. Senator Sieben. Out of the record. Senate Bill 358. Senator Hawkinson. Mr. Secretary, please read the bill.
Senate Bill 358. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.
Thank you, Mr. President. A little over a year ago, the Quad City Regional Economic Development Authority approached Knox County about joining its Authority. The county board, the City of Galesburg and the economic development groups in the city agreed to do so, and I've introduced this bill to add Knox County to the Quad City Regional Economic Development Authority. There'll be an increase of two Board members, one of whom will be appointed by the Governor and the other by the Chairman of the Knox County Board. Be happy to answer any questions, otherwise ask for the approval of the Body.
PRESIDING OFFICER: (SENATOR WATSON) 134 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 358 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 56 voting Yes, no voting No, no voting Present. Senate Bill 358, having received the required constitutional majority, is declared passed. Senate Bill 370. Senator Rauschenberger? Out of the record. Senate Bill 373. Senator Munoz? Out of the record. Senate Bill 376. Senator Sieben. Mr. Secretary, please read the bill.
Senate Bill 376. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.
Thank you very much, Mr. President, Members of the Senate. This is legislation that this Body -- just about everyone in here voted in favor of it last year, dealing with the expulsion of a student and the transferability of that student from district A to district B. And it basically says that -- it allows district B, the receiving district, to adopt a policy that if the student is suspended or expelled for any reason, that that student must complete the entire term of the suspension or expulsion before being admitted into that school district. Also provides that the policy may allow placement of that student in an alternative school program if it's available. Ask for your Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Lisa Madigan.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 135 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senate Bill 376 is indeed, as Senator Sieben says, an identical bill to something that we voted on last year that would allow receiving school districts of expelled or suspended students not to accept those students until they had served their full term of expulsion or suspension. However, this is also a bill that the Governor chose to veto because of his concern that there was not an alternative high school or an alternative school for those students to attend during their term of expulsion or suspension. And while this bill does not necessarily address our concerns that would make sure that we would have options available for those students, it failed to receive the necessary votes on the veto override. And I still think that there are some very serious concerns that are not being addressed, although this bill does not specifically attempt to do that, in terms of making sure that there is provision for the students here in our State if they are expelled or suspended, that we would have the ability to make sure that they were still getting their education. What we do not want to do is expel or suspend students from our public schools, leave them out on the streets so they don't have any options or alternatives in terms of pursuing their education and then become part of our criminal justice system, as opposed to our public education system. And for that reason, I have some very serious reservations, as the Governor did in his veto message, about this bill, and I think it is something that the State Board of Education was pretty lackadaisical in their response as to what we're going to do about this, in terms of not having resources and not allocating resources to this concern. It's something that we need to look into. And I appreciate what Senator Sieben is trying to do and the difficulties some of these receiving districts have. I do not necessarily think that the students should end up in those school districts, but we do need to find alternative education opportunities for our students, as opposed to being on 136 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 the streets. And for that reason, I would all -- consider voting either No or Present on this bill, just to make sure that we address those concerns. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Cronin.
Yes. Thank you, Mr. President. I rise in strong support for this bill, and I ask you to take a step back from it, if you may for a moment, if you can. And I understand there is some ancillary issues that are somehow or other related to this, the experience in Decatur and so forth. But consider the policy that we're talking about here. We're talking about preserving and protecting and maintaining a -- a child's right or their opportunity to have an education. We're talking about the good kids. We're talking about kids who want to be in school, who want to try to pursue an educational opportunity. I'm not suggesting that we -- we -- we should somehow or other banish the other kids. I'm just saying, with kids that are disruptive, the kids that have been a problem, a behavior problem, a kid that is violent, if a punishment is meted out in district one, why should -- or, why shouldn't that punishment be honored in district two? If -- if -- if a -- if a motor vehicle driver, if a resident of Illinois who has a driver's license gets convicted of a DUI in Illinois, they can't just cross the line to Wisconsin and drive around. They're still a danger. They're still a risk. Yes, we're concerned about the alternative school. Yes, we're concerned about providing an opportunity for those kids. But let's put the priority where it needs to be: with the kids that want to have an education, the kids that are there, who are trying. I ask for your favorable vote.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Luechtefeld. 137 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Thank you, Mr. President, Members of the Senate. I rise in strong support of this bill. I -- I understand Lisa -- Senator -- Senator Madigan's concern about what will happen to these students at that time, but that still doesn't make it right to -- to -- to force schools to take an individual in who has been kicked out of another school, until the end of that -- that suspension. You know, I -- I -- I really do believe that people who are very concerned about what happens to those, then there maybe should be -- they should look and seek some type of remedy for that particular situation and not oppose this legislation. I -- you know, I think that it is simply going in the wrong direction, as far as education is concerned, for a student to be kicked out of a school and then immediately being allowed to go into another school. So I would rise in strong support of this bill.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Lightford.
Thank you, Mr. President. I rise in opposition to this bill. Senator Madigan spoke so eloquently on it; however, I do want to mention that not having the mandatory situation here where the student would have to be referred to alternative school is my main issue here. And I know Senator Sieben has spoke on this bill in our Education Committee. I voted No at that time, and I'm still encouraging a No vote.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Shaw.
Will the sponsor yield? Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor -- sponsor indicates he'll yield, Senator Shaw.
138 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 I know you didn't -- you haven't addressed this in the bill and that's not the intent of this bill, is to set up -- alternative school. But what you -- if there's a alternative school available, which is, I think, the intent of that legislation when we did that some years ago, was to get these kids, these mischievous youngsters, out of the regular system and put 'em into an alternative school. Under this legislation, if you have an alternative school in a district, would that child be able to attend that school? If he was suspended for a year, would -- or expelled for a year, would he be denied access into the alternative school under this legislation? He would have to wait out that year? Or could he enroll in the alternative school?
PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.
Thank you, Senator Shaw, for that question, because I think that gets at the heart of what people are concerned about with the legislation. Got to talk about the two schools involved here. The -- this legislation deals only with the receiving school, the second school district - district B, in this case. It deals with the receiving school, and the legislation specifically says that that receiving school district may, through its own policy, address the issue of placing that student into the alternative school, that they can have their own local policy. Let's talk about the initial school - school A, or the school that that student was attending when the expulsion took place. From my point of view and in talking with the two school districts involved in this situation last year, the issue of placing a student in the alternative school should be dealt with and normally is dealt with by that attending school that's having the expulsion hearing. When they get to the point that they're trying to make a decision of whether or not to dismiss this student 139 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 because of the nature of their crimes against a teacher or their involvement with drugs or guns or, in this case, trying to burn down the school, that expulsion consideration, that discussion of suspension or expulsion considered by the initial school district and their board, that's the appropriate place to deal with the question, "Does this student belong in our alternative school?" not after that student is dismissed, or expelled in this case, and then the receiving district has to decide whether or not they're going to accept this student. Because, basically, if this student is not good enough for school district A, why should district B be forced to accept that student and put him into the regular program, alternative program, whatever the program?
PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.
So you are basically opposed to alternative schools. Is that what you're saying?
PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.
...not at all. I strongly support alternative schools. I believe that alternative schools provide a very necessary environment for students that don't perform at their best in the regular structured school environment. I have several very successful alternative schools in my district. One, in Savanna, Illinois, just is an outstanding model of how to structure an alternative school for that region in northwest Illinois. And I strongly support the alternative school program and the placement by that local district -- I mean, it comes down to you have to trust the local board, the local people and the local teachers and the local officials that are involved in making a decision whether to continue that -- that student's enrollment in the regular 140 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 program or place them into an alternative program.
PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.
To the bill: I think that's the reason that we have to return here every year, is because we didn't do it right the first time. And what you are asking the -- and those of us who serve here are so-called professionals, and what you're asking a board to do is to make that judgment, when the Legislature itself has set public policy in terms of setting up these alternative schools, for the mere purpose -- not people who go out there and take a gun or Molotov cocktail and burn down a school, shoot up students, some lesser infraction than that -- than those. But what you want to do here is you want -- you don't want them to attend any school and you're going to leave it up to the -- where the infraction -- to the board where the infraction was committed at to make the decision for the alternative school. That might be okay, but at the same time, under this legislation, you would not be able -- they would not be able to do that, I don't believe, from the way I understand the legislation.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Woolard.
Thank you, Mr. President, Ladies and Gentlemen of the House. Like to question the sponsor, if I may.
PRESIDING OFFICER: (SENATOR WATSON) We are in the Senate. We're in the Senate, Larry.
I'll -- I'll get there one of these days. Excuse me for that. I really apologize to every Member of this august Body. I know that that was a slam in the face, and it wasn't intended. Senator Sieben, is there -- is there a word in your bill that says that 141 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 the second school "shall" honor, or does it say "may" honor the expulsion of the previous school?
PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.
The -- the language in the bill, in the paragraph that's here, does not specifically say that they may or shall, either way, honor the expulsion order of the expelling school. It says the receiving school district in this case, a school district may adopt a policy providing that if a student is -- is suspended -- yeah, "...may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term...." That's the language that's specifically in the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Woolard.
Okay. So I hear "may". So there's the choice of the second school to accept the expulsion or to allow them to enter the school at that point.
PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.
Right. They may adopt a policy. If the school district has a policy, those provisions would be contained within the policy of the receiving school district.
PRESIDING OFFICER: (SENATOR WATSON) Senator Woolard.
Once the policy is established, then they have the opportunity to -- if they chose to have a policy that allowed them to enter, 142 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 they could. If they chose to have a policy that would deny them access because they had been -- expelled from a previous school, then they would be disallowed to attend.
PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.
Yes, that would be determined by the policy as adopted by the local school board.
PRESIDING OFFICER: (SENATOR WATSON) Senator Woolard.
To -- to the bill: I stand in very strong support of this legislation. I think that we're talking about individuals who don't deserve to participate in the schools which they're now attending and a decision has been made by that board, locally controlled board, to expel that student. In the incoming school, or the neighboring school, that they may choose to attend, if, in fact, there has been a policy established that says he may come in and we allow this to happen, they still can attend that school, whether it be the regular school or an alternative school. I believe that these are the kinds of policies that we should be adopting at the local level to accommodate these situations. But I positively don't believe that we should allow, in any school district, someone who has threatened or tried to burn down the school, harm the children in an effective way, and I believe that we have to give the authority and put the responsibility on those locally controlled school districts to make right decisions.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Sieben, to close.
Well, I think the issue has been thoroughly discussed. We know the issues. I would appreciate your Aye vote, again. 143 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 376 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 42 voting Yes, 12 voting No, no voting Present. Senate Bill 376, having received the required constitutional majority, is declared passed. Senate Bill 385. Senator Dillard? Out of the record. Senate Bill 401. Senator O'Malley? Mr. Secretary, please read the bill.
Senate Bill 401. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 401 changes the definition of a retarded person throughout the Criminal Code and the Code of Criminal Procedure from, quote, "institutionalized severely or profoundly mentally retarded person", end of quote, to, quote, "severely or profoundly mentally retarded person", end of quote. What this, in effect, does is say that persons who are in this situation in life are going to be able to testify via closed-circuit television, the same way we would allow children to do. And I think it's the least we can do for them. There was some very significant testimony brought in the committee by Mr. Thomas Parchem, on behalf of his daughter, who was unable to testify, frankly, under advice of a psychiatrist, because of something that was really terrible that was done to her, and she was just going to be further traumatized by doing this in person. So, I'd ask you for your support. This is very, very sound legislation and deals away 144 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 with some antiquated language in the law today. Thank you for your...
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 401 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 56 voting Yes, no voting No, no voting Present. Senate Bill 401, having received the required constitutional majority, is declared passed. Senate Bill 403. Senator Halvorson? Mr. Secretary, please read the bill.
Senate Bill 403. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Halvorson.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 403 increases from twenty-five to fifty the maximum fine for a violation of the Act, of seat belt fines with regards to children being restrained, and increases from fifty to one hundred any subsequent violation. I ask for your favorable vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 403 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 48 voting Yes, 7 voting No, no voting Present. Senate Bill 403, having received the required constitutional majority, is declared passed. Senator 145 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Parker, for what purpose do you rise?
For a point of personal privilege.
PRESIDING OFFICER: (SENATOR WATSON) State your point.
I have a constituent that is up in the President's Gallery, and he's here today for the Illinois Tech Day 2001: Sam Khatami. He is from Highland Park, with Neuronautics. Please give him a warm welcome. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Will our guest in the gallery please rise? Welcome to the Illinois Senate and welcome to Springfield. Senate Bill 430. Senator O'Malley? Out of the record. Senate Bill 435. Senator Parker? Out of the record. Senate Bill 449. Senator Peterson? Please read the bill, Mr. Secretary.
Senate Bill 449. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson.
Thank you, Mr. President. Senate Bill 449 is a bill that makes the other tobacco products, or OTP, tax for snuff consistent with other excise taxes in Illinois, including those for gasoline, beer, wine, -- distilled spirits and cigarettes. Senate Bill 449 would make the OTP tax for snuff consistent with the federal tax on these products, which is based not on price but on weight. Under our current excise tax system for these products, the State provides a tax break for discount products which are more affordable and thus more accessible to our youth for purchase 146 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 illegally. Senate Bill 449 is supported by the Illinois Association of Tobacco and Candy Distributors, the Illinois Manufacturers' Association, the Illinois Retail Merchants Association, the Illinois Petroleum Marketers, the Illinois Taxpayers' Federation, U.S. Smokeless Tobacco and Union SIU {sic} (SEIU) Local 1, which represents over two hundred of the four hundred and fifty employees that are in Illinois that work for U.S. Smokeless Tobacco. I urge the passage of Senate Bill 449.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 449 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 47 -- 48 voting Yes, 3 voting No, 3 voting Present. Senate Bill 449, having received the required constitutional majority, is declared passed. Senate Bill 493. Mr. Secretary, please read the bill.
Senate Bill 493. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, this is not a bill that's unfamiliar to us. In fact, last year we passed Senate Bill 649, an Act to place a moratorium on human cloning, and this year we're doing the same thing. The bill was not called for a final vote in the House last year. This issue is one that's been with us before. It's going to be with us for a quite awhile. It's my belief that cloning of an entire human being or cloning where a genetically complete human is created 147 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 only to have it experimented on or destroyed in the process is unacceptable. I believe the majority of people in the State of Illinois agree with that. I'd ask for a favorable Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 493 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, 56 voting Yes, no voting No, no voting Present. Senate Bill 493, having received the required constitutional majority, is declared passed. Senate Bill 510. Senator Parker? Out of the record. Senate Bill 518. Mr. Secretary, please read the bill.
Senate Bill 518. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Clayborne.
Thank you, Mr. President. Basically, Senate Bill 518 deals with a problem where currently under the law, if you're in violation of -- of the Lead Poisoning (Prevention) Act, then it's a misdemeanor and there are no civil remedies in terms of allowing for injunctions or to enjoin someone from continuing to violate the Act. Basically what -- what has happened, this came as a result of a concern in my district where we've tried to be aggressive as it relates to lead poisoning, and have a civil remedy, in terms of enjoining or preventing a person from continuing to violate this Act, without charging them with a crime, but -- but using the civil -- judicial system to prevent this from taking place. So, all it does is add -- allows the 148 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Attorney General or the State's Attorney to file injunctive relief to prevent further violation of this Act.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 518 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 56 voting Yes, no voting No, no voting Present. Senate Bill 518, having received the required constitutional majority, is declared passed. Senate Bill 521. Senator Clayborne. At the top of page 15? Out of the record. Senate Bill 527. Senator Burzynski? Please read the bill, Mr. Secretary.
Senate Bill 527. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amends the Illinois Occupational Therapy Practice Act, and all it does is adds -- adds optometrist to the list of medical professionals that an occupational therapist may refer a patient to for treatment.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 527 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, 54 voting Yes, no voting No, no voting Present. Senate Bill 527, having received the required 149 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 constitutional majority, is declared passed. Senator Burzynski, do you wish Senate Bill 528 to be recalled to the Order of 2nd Reading for the purpose of an amendment? Hearing no objection, we are on 2nd Reading and we have Senate Bill 528. Mr. Secretary, have there been any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Burzynski.
PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.
Thank you, Mr. President. Basically this is part of the Nursing Act and just requires that professional judgment be inserted in -- after "function" in their Act.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it. Amendment is adopted. Any further amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 530. Senator Burzynski. Please read the bill, Mr. Secretary.
Senate Bill 530. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amends the Emergency Telephone System Act by adding two members to the emergency telephone system boards. One would be a 150 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 county board member and the other one would be a public member who is a resident of the local exchange service area.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 530 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, 55 voting Yes, no voting No, no voting Present. Senate Bill 530, having received the required constitutional majority, is declared passed. Senate Bill 531. Senator O'Malley. Mr. Secretary, please read the bill.
Senate Bill 531. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 531 enhances the Illinois Commerce Commission's authority to require certain changes or improvements to grade crossings to reduce grade -- grade crossing blockage by trains. It also creates the new offense of chronic obstruction of a grade crossing, in the Chicago area. I want to emphasize that it's limited to -- that second element is limited to the Chicago switching district, and I also want to clarify that -- what chronic obstruction means for everybody. That -- by the way, I'm aware that this is not a new issue to many of you and you're aware of it, because we voted and dealt with this issue before. But in -- in effect, if, after reasonable notice and hearing at which the railroad is entitled to be represented by counsel and present evidence, the Illinois Commerce Commission finds probable cause to 151 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 believe that, within a two-week period, the railroad's trains have stopped traffic or -- at a described crossing for twenty minutes or longer on three or more occasions within a two-week period, the Illinois Commerce Commission shall refer the matter to the State's Attorney of the county in which the obstruction has occurred, together with any transcript, documents, and other evidence presented at the hearing, for prosecution of chronic obstruction of a grade crossing. I'm pleased to answer any questions you may have.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Welch.
I've got a question of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) Question of the sponsor. Indicates he'll yield, Senator Welch.
Senator, on my analysis, I don't see anybody signed in as a proponent of this bill. Were there any proponents in the committee, other than yourself?
PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley.
Frankly, Senator, I don't recall. I wasn't there, but I -- I mean, I wasn't there in terms of analyzing witness slips, but I can tell you that there are about two million Illinois citizens across the south metropolitan area who feel like I do, that this is important.
PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.
Well, under our rules, they have to sign witness slips. Could 152 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 you round them up and have that...
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Donahue.
Thank you very much, Mr. President. I would indicate, on our side of the aisle, we have no analysis on this in our computer. And I would ask, is there any opposition registered in regard to this, Senator?
PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley.
First of all, I have to apologize that I didn't get the analysis in here, but I have very little control over it. But with respect to opposition, I can assure you that the railroad industry representatives were in committee and were very -- as they have in the past, very concerned about this legislation and -- and registered their opposition.
PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.
Thank you. I wasn't accusing Senator O'Malley of not having the analysis, but I know this is a hot issue, and not being able to see the specifics, it might be a good idea, maybe, to take it out of the record till we do get our analysis in here or, you know, whatever. But I intend to vote No.
PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley.
You know, frankly, I don't want anybody to be stuck here voting on something without complete information. So upon your request, I'll be happy to do that, Senator.
PRESIDING OFFICER: (SENATOR WATSON) 153 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Out of the record. Senate Bill 534. Senator Burzynski. Please read the bill, Mr. Secretary.
Senate Bill 534. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a bill that is required. Two years ago, we passed a bill requiring additional education for hearing instrument providers, and -- yes, what? -- and the institutions are unable to provide that educational expertise at this point, so we're extending that to the year 2003.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 534 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 54 voting Yes, no voting No, no voting Present. Senate Bill -- excuse me, 534, having received the required constitutional majority, is declared passed. Senate Bill 539. Mr. Secretary, please read the bill.
Senate Bill 539. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.
...you, Mr. President. Two years ago, we passed a law 154 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 requiring red dye be put into diesel fuel if it's used for off-highway purposes. As you know, diesel fuel used for off-highway purposes does not have the motor fuel tax attached to it. We made this change to eliminate a time-consuming reimbursement process through the Department of Revenue; however, there are some instances where it's necessary to use undyed fuel for off-highway purposes. This bill will allow undyed fuel to be used in certain off-highway applications and allow the user to seek a refund under the old system. The bill also establishes a refund provision for the unintentional mixing of dyed and undyed fuel in excess of five hundred gallons. It establishes provisions for average fuel shrinkage due to temperature variations and provides for an appeal process within the Department of Revenue for violations issued under this Act. And I'm aware of no opposition. It has been agreed to by the Department of Revenue. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.
I've got a question of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Welch.
Senator, what's the fiscal impact of this bill?
PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.
I -- I understand that it's two million dollars, and that that has been requested within the Department's budget.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? If not, Senator Lauzen, do you wish to close? 155 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
...ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) Question is, shall Senate Bill 539 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 54 voting Yes, no voting No, no voting Present. Senate Bill 539, having received the required constitutional majority, is declared passed. Senate Bill 550. Out of the record. Senate Bill 575. Senator Welch, do you wish that bill returned to the Order of 2nd Reading for the purpose of an amendment? Is there any objection? Hearing none, we are on the Order of 2nd Reading. Senate Bill 575. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Welch.
PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.
Mr. President, this is just a technical amendment.
PRESIDING OFFICER: (SENATOR WATSON) Motion is -- there any discussion? Is there any discussion? If not, all those in favor, say Aye. Opposed, Nay. Ayes have it, and the amendment is adopted. Any further amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Jacobs, for what purpose do you rise?
Just real quick. I just wanted to -- to make a note. This is 156 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 a Welch-O'Malley bill, so it is a display of bipartisanship. So I just wanted to make that point.
PRESIDING OFFICER: (SENATOR WATSON) Well, we're sure glad you pointed that out. Senate Bill 606. Senator Rauschenberger? Out of the record. Senate Bill 609. Senator Wendell Jones. Mr. Secretary, please read the bill.
Senate Bill 609. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.
Thank you, Mr. President, Members of the Senate. This just simply says no adult use shall be located within a thousand feet of any public or private elementary or secondary school, any public park, any place of worship, any pre-school, any day care facility, mobile home park used for residential purposes, or any area that is zoned residential. I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Cullerton.
Thank you, Mr. President, Members of the Senate. Senator Jones, this bill came through our committee. We did have a discussion of the bill, and I understand what your concerns are. I understand you have a situation in your district, and I -- I appreciate your intent. But upon further review of this, I think we really have to take a -- a look, and I think that this bill could be drafted in a much tighter version. This is, in effect, a zoning matter, and we're going to be imposing, from the State on all municipalities, a -- a zoning code which is going to provide some real nightmares for municipalities in terms of how they go 157 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 about granting building permits and determining whether it's something that's properly zoned. Now, one of the problems that you have is the -- the definition of your -- of the things that you're trying to keep from being with -- near residential districts is very broad. Adult bookstore is any establishment that has books or magazines or films that are distinguished or characterized by their emphasis on matter depicting sexual activities. That, to me, is pretty broad. You've got adult entertainment cabarets that could include taverns that have lingerie shows. You've got adult novelty stores which really, again, are just very -- very broad. And I -- I don't know about your area, but I happen to have some of these places in -- in my district and they are very, very close to residential areas, and the people in the community don't seem to be upset about them. Now, the problem is, is that you do say that -- that you grandfather in all those locations. But, typically, in the City of Chicago, you know, somebody's lease is up, they want to move across the street. They won't be able to because of -- because of this bill, and -- and it's going to be awhile before the City of Chicago finds out whether or not the -- they're going to grant permits, not -- because there's no coordination between the -- what is typically done by a municipality with regard to zoning and what is done by the State. Now, it's -- you -- you raised an issue, as I recall, for the need for the legislation, was that one municipality across the street from another had a zoning use that allowed something that -- that your constituent, I think it was a mobile home park, didn't want to have. Maybe we could address that by having some State intervention on zoning, to have maybe, you know, on the edge of any municipality, a thousand feet going into the other municipality, where the State could have some regulation of what an adjoining municipality could do. That might be something that could be worked on, but the way this is drafted, I think it's too 158 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 broad, I think it's going to be hard to enforce at the local level. And for that reason, I'm going to hope that the bill doesn't pass and that we come back with an amendment to try to accomplish in a more narrow way what you want to accomplish.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Obama.
Thank you, Mr. President. Will the sponsor yield for some questions?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Obama.
I'll be fairly brief because I think my concerns on this were articulated by Senator Cullerton, but I -- there are a couple things I just want to emphasize. Number one, Senator Jones, this does preempt home rule, if I'm not mistaken. Am I correct?
PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.
Yes.
PRESIDING OFFICER: (SENATOR WATSON) Senator Obama.
And as a consequence then, it requires thirty-six votes, affirmative votes, for passage. Am I correct about that?
PRESIDING OFFICER: (SENATOR WATSON) Yes, Chair is prepared to make a ruling. This bill specifically preempts home rule powers in an area reserved to local control, and therefore it requires thirty-six votes for passage. Senator Obama.
So, Senator Jones, have you considered passing or -- or 159 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 introducing this bill in a form that exempts home rule, or would that defeat the concerns of the constituent who brought this to your attention in the first place?
PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.
Yes, I think this would defeat the purpose, and this did come up in committee, and would defeat the purpose.
PRESIDING OFFICER: (SENATOR WATSON) Senator Obama.
Well, just -- just in closing, you know, I notice in my analysis that the City of Chicago is opposed as a consequence of the preemption of home rule. I suspect that other home rule jurisdictions are going to have similar problems. Oftentimes we talk about local control in this Chamber. For the most part, we are supportive of local control. This is one of those areas where nobody likes, necessarily, to have -- well, I don't say nobody, but most of us would prefer not to have an adult bookstore or -- or -- or movie theater or something next to our -- next to our -- our residence, but that's exactly -- that's exactly why we have local zoning ordinances. And that's why, presumably, we have council members or heads of townships or all the various branches of local government who's -- who are much closer to the ground than we are in making these determinations. And it seems to me that if there's -- ever been a function that has historically been relegated to local control and is appropriately there, it's these kinds of zoning matters. I would urge an -- a No vote.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Jones, to close.
I'd like to respond to both the Senators questions, and 160 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 they're both excellent questions. First of all, the home rule aspect of this has been discussed with members of the -- that represent the City of Chicago and also the Film Makers' Association, I believe it was I talked to, and they're going to if -- if this should be fortunate enough to get thirty-six votes, they are going to discuss this in the House and perhaps tighten this up and -- and draw it a little tighter in the House. So I would appreciate an affirmative vote, and we'll see if the House can tighten it up a little bit. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 609 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? Have all voted who wish? Take the record. On that question, there's 33 voting Yes, 15 voting No, 5 voting Present. Senate Bill 609, having not received the required three-fifths majority, is declared failed. Senate Bill 610. Senator Parker? Mr. Secretary, please read the bill.
Senate Bill 610. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. What this bill does is -- it is an agreement between the Secretary of State's Office and the insurance industry. It brings the Secretary of State's Office in compliance with federal Privacy Protection Act on public access to personal information acquired by the -- State of -- Secretary of State, and it allows on-line information to the insurance industry. I would answer any 161 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 questions and ask for a favorable vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Hendon.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WATSON) Yes, sponsor indicates she'll yield, Senator Hendon.
Thank you very much. I just wanted to make sure that the Secretary of State's Office was okay with this bill as drafted.
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
Yes, Senator. As I indicated, it is an agreement with the Secretary of State and the insurance industry.
PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? If not, the question is, shall Senate Bill 610 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 55 voting Yes, no voting No, no voting Present. Senate Bill 610, having received the required constitutional majority, is declared passed. Senate Bill 615. Mr. Secretary, please read the bill.
Senate Bill 615. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Silverstein.
Thank you, Mr. President. This amends Section 604(b) of the 162 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Illinois Marriage and Dissolution (of Marriage) Act. What it does is when a court appoints a witness in a visitation or custody case, this clarifies and it gives the court authority who is going to pay that witness. No opposition and flew out of committee.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 615 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 54 voting Yes, no voting No, no voting Present. Senate Bill 615, having received the required constitutional majority, is declared passed. Senate Bill 624. Senator Obama? Mr. Secretary, please read the bill.
Senate Bill 624. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Obama.
Thank you very much, Mr. President. This is a simple bill that I know no opposition about. This amends the Abused and Neglected Long Term Care Facility Residents Reporting Act to extend the Inspector General for two more years. I know of no opposition. It went out of committee unanimously. I'd ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 624 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. There's 56 voting Yes, no voting No, no voting Present. 163 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senate Bill 624, having received the required constitutional majority, is declared passed. Senator Bomke? Out of the record. We're going to the top of page 16. 3rd Reading, Senate Bills. Senate Bill 638. Senator Cullerton? Mr. Secretary, please read the bill.
Senate Bill 638. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill is sponsored on behalf of the Cook County Treasurer. It deals with special assessment refunds. Right now there's one refund statute which was meant to apply to -- to regular refunds, but it's causing a problem with regard to special assessment refunds. Cook County only gets special assessments right before the tax sale in connection with enforcing them at the tax sale. The payments do not mingle with our regular tax funds. They are outside of county funds. They're distributed almost immediately upon collection to the taxing bodies or the municipalities. And when someone figures out that they may have overpaid at the time the municipality is paid, they have to apply to the collector, according to current law, for the refund, and the collector cannot make it because they don't have the money. They must go to the municipality to give it back to 'em. So it's kind of a waste of time and effort, and it's easier for the -- the taxing body themselves to make the refund and more convenient for the taxpayers. So for that reason, we've introduced this bill. Passed unanimously out of committee, and I know of no opposition. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) 164 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Any discussion? Any discussion? If not, the question is, shall Senate Bill 638 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. There's 56 voting Yes, no voting No, no voting Present. Senate Bill 638, having received the required constitutional majority, is declared passed. Senate Bill 643. Senator Sullivan? Senator Sullivan. Out of the record. Senate Bill 663. Senator Dillard? Out of the record. Senate Bill 668. Senator Sullivan? Out of the record. Senate Bill 677. Mr. Secretary, please read the bill.
Senate Bill 677. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.
Thank you, Mr. President. In 1999, this Body passed legislation having -- authorizing State payment for an assistant State's attorney to prosecute drunk driving and other alcohol-related offenses. It was an initiative of Mothers Against Drunk Driving. Through the efforts of our able Appropriations Chairman, we got partial funding last year. In the unlikely event that -- that they're able to secure full funding this year, this bill comes to us from the State's Attorneys Association and the Mothers Against Drunk Driving to provide for a proration of funds among the counties and the classes of counties in the event that we don't get full funding for this program in the budget. Be happy to try and answer any questions, otherwise ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) 165 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 677 pass. All those in favor, vote Aye. Opposed, vote No. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There's 56 voting Yes, no voting No, no voting Present. Senate Bill 677, having received the required constitutional majority, is declared passed. Senate Bill 681. Mr. Secretary, please read the bill.
Senate Bill 681. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Myers.
Thank you, Mr. President, Members of the Senate. This bill amends the Counties Code. It generally will give all county boards the ability to, by ordinance, increase statutorily authorized fees for county officials. However, prior to the increase in any fee, the county board must justify the increase by an acceptable cost study showing that the current fee is insufficient. The county board must prepare a public statement of the costs of providing affected programs and such statement shall be subject to public examination and audit. All the costs are as determined in the U.S. Office of Management and Budget Circular A-87 and may be included in the determination of costs. The county board is, at this present time, able to increase the fees for sheriffs and county clerks offices, and this would give them a like ability for other offices while approaching the public and having to justify such increase.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Rauschenberger. 166 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Just a couple questions of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she'll yield, Senator Rauschenberger.
These fees now are limited in statute?
PRESIDING OFFICER: (SENATOR WATSON) Senator Myers.
Yes, they are.
PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.
If you were to -- if we were to pass this bill and the House were to agree and the Governor were to sign it, then our statutory caps and limitations would have no effect any longer.
PRESIDING OFFICER: (SENATOR WATSON) Senator Myers.
That is, in essence, correct, except that it would give the local entities who usually come to us for those fee increases anyway, the ability to go to the public in their own areas and -- and give them explanations as to why the fee is needed. It does not allow them to raise the fee beyond what they can justify as an increase in that cost.
PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.
These -- these counties that might want to avail themselves do have property tax authority and can levy property taxes for general government.
PRESIDING OFFICER: (SENATOR WATSON) 167 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senator Myers.
They do have that ability.
PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.
With all due respect to the sponsor, and I know her intentions are good, you know, I get more and more concerned that we're running -- we're allowing county government, and particularly our courthouses, to run based on -- on user fees. They have general taxing authority, and in this time of -- of very large growth in our local government distributive share on both the sales tax and the income tax, I really don't think it's a time that it's necessary to free the counties from their statutory caps. I -- I respectfully ask people to think carefully about voting.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? Senator Myers, to close.
I believe that this particular ability for the counties is good. It gives more local control. It does have safeguards and it -- and it requires that they do go to the public, who would be -- most of whom would be paying this fee, and justifying the fee increase and that it would be a limitation to how much they could actually increase the fees. Therefore, I think that it is a responsible kind of action for them to take.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 681 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? Have all voted who wish? Going in the wrong direction, Judy. Take the record. On that -- the -- let's see. There are 168 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 16 voting Yes, 33 voting No, 5 voting Present. Senate Bill 681, having not received the required constitutional majority, is declared failed. Senate Bill 721. Senator Cullerton? Out of the record. Senate Bill 722. Senator Cronin? Dan Cronin. Out of the... Senate Bill 726. Out of the record. Senate Bill 730. Senator Roskam? Out of the record. Senate Bill 735. Senator Bomke? Out of the record. Senate Bill 753. Senator Philip? Out of the record. Senate Bill 797. Senator Lauzen. Out of the record. Senate Bill 817. Senator Sullivan? Senate Bill 824. Senator Sieben? Mr. Secretary, please read the bill.
Senate Bill 824. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.
Thank you very much, Mr. President. This legislation comes from the Illinois Department of Transportation and it amends the Illinois Coordinate System Act to update the current Illinois Coordinate System Act to reflect recently adopted national standards dealing with the locations in Illinois using the new datum. I know of no opposition. Ask for your Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 824 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, 56 voting Yes, no voting No, no voting Present. Senate Bill 824, having received the required constitutional majority, is declared passed. Senate Bill 826. Out of the record. Senate Bill 827. Senator Radogno? Mr. 169 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Secretary, please read the bill.
Senate Bill 827. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This also comes from the -- this is an initiative of the Department of Transportation. It amends the Illinois Vehicle Code, and it expands the circumstances under which the Secretary of State may suspend or revoke the registration of a vehicle or certificate of title. It adds two instances where this can be done: First, where the owner has not paid a civil fine, penalty or settlement agreement arising from violations of regulations under the Illinois Motor Carrier Safety Law or the Illinois Hazardous Materials Transportation Act; and, secondly, when it's determined that a vehicle registered at a gross weight of more than sixteen thousand pounds within the affected area is not in compliance with the provisions of the annual emission inspecting -- emissions inspection testing. I'll be happy to...
PRESIDING OFFICER: (SENATOR WATSON) Is there any... Is there any discussion? If not, question is, shall Senate Bill 827 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 56 voting Yes, no voting No, no voting Present. Senate Bill 827, having received the required constitutional majority, is declared passed. Top of page 17, Senate Bill 830. Senator Tom Walsh. Mr. Secretary, please read the bill. 170 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Senate Bill 830. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh, Tom.
Thank you, Mr. President. This comes from the Illinois State Police. This would allow the Director of the Illinois State Police to extend the initial probationary period of any new officer an additional six months when it's deemed in the best interest of the Department to do so. There is no opposition. Be be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 830 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 55 voting Yes, no voting No, 1 voting Present. Senate Bill 830, having received the required constitutional majority, is declared passed. Mr. Secretary, Senate Bill 831. Please read the bill.
Senate Bill 831. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.
Thank you very much, Mr. President. Senate Bill 831 is a Department of Agriculture agency bill, and it corrects a recent audit finding. Department of Ag needs this language to enable -- 171 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 to its enabling statute to allow it to receive and expend federal indirect reimbursements. And I would ask for your support.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 831 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 56 voting Yes, no voting No, no voting Present. Senate Bill 831, having received the required constitutional majority, is declared passed. Mr. Secretary, 833. Please read the bill.
Senate Bill 833. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 833 changes the law and requires that for architectural and engineering job offerings or -- or, contracts, rather than -- doing it in a -- making that posting available in a newspaper of general circulation, that they would also, in addition, have to post it on the Web and make it electronically available. It's a -- the agency supports the bill. I know of no opposition.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any discussion? If not, the question is, shall Senate Bill 833 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. There's 56 voting Yes, no voting No, no voting Present. 172 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senate Bill 833, having received the required constitutional majority, is declared passed. Senate Bill 836. Mr. Secretary, please read the bill.
Senate Bill 836. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh.
Thank you, Mr. President. This bill comes from Central Management Services. It simply changes the use of the Communications Revolving Fund from strictly telecommunications services to communications services. And I'd be happy to answer...
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Is there any discussion? If not, the question is, shall Senate Bill 836 pass. All those in favor, say Aye -- vote Aye. All those opposed, vote No. Voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 56 voting Yes, no voting No, no voting Present. Senate Bill 836, having received the required constitutional majority, is declared passed. Senate Bill 839. Mr. Secretary, please read the bill.
Senate Bill 839. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. Senate Bill 839 amends the Abused and Neglected Child Reporting Act and 173 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 provides that information that may be disclosed to a mandated reporting source includes the actions taken by the Child Protective Service Unit to ensure a child's safety. It also provides for the disclosure of that information to an extended family member interviewed in the course of an investigation by the Child Protective Service Unit. This was brought to me by the Department of Children and Family Services. I do not know of any opposition. Would be glad to answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Is there any discussion? If not, the question is, shall Senate Bill 839 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all -- 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 839, having received the required constitutional majority, is declared passed. Senate Bill 843. Mr. Secretary, please read the bill.
Senate Bill 843. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel. Senator Karpiel.
Thank you -- thank you, Mr. President. Senate Bill 843 is a bill that -- from the Department of Children and Family Services that is their response in response to a -- an objection by JCAR. The bill creates the Direct Child Welfare Service Employee License Board within DCFS, and this Board will make the recommendations to the Director regarding licensure and shall make the final determination concerning revocation, suspension or reinstatement of employees. There's no opposition to the bill, and I ask for an 174 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 843 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 56 voting Yes, no voting No, no voting Present. Senate Bill 843, having received the required constitutional majority, is declared passed. Senate Bill 844. Senator Dillard? Out of the record. Senate Bill 846. Senator Radogno? Mr. Secretary, please read the bill.
Senate Bill 846. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno. Senator Radogno.
Thank you, Mr. President. This bill is an initiative of DCCA. It amends the State and Regional Development Strategy Act and it removes provisions requiring DCCA to prepare an economic development strategy for -- every year. And it makes -- it also makes the preparation of that document permissive. It also changes some of the requirements from annual to biennial, as well as changing some of the criteria that are to be reviewed.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is -- excuse me. Senator Lauzen.
Just a question for the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she'll yield, Senator Lauzen. 175 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
Senator, why would we want to -- with the larger amounts of money that we're spending in this area, why would we want to diminish the amount of strategic planning on this to making it permissive and making it biennial, if I understand it correctly?
PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno.
Thank you. I asked DCCA the same question, and what they said is after a full year of implementation, what they found is that there was such variability in different areas of the State in terms of their economic development strategies, that what was occurring, in some instances, is people were simply having to file those reports for the sake of getting the reports done and they really were not meaningful documents.
PRESIDING OFFICER: (SENATOR WATSON) Any other discussion? Senator Lauzen.
That's in the first year. How about in ongoing years? Because that -- that makes sense, what you're saying, but how about in ongoing years?
PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno.
Okay. Apparently, the particular thing that we're -- we're changing has been implemented for a year, at this point. And that's their experience.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Radogno, do you wish to close? Senator Radogno.
I'd just ask for a favorable vote. 176 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 846 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 54 voting Yes, 2 voting No, no voting Present. Senate Bill 846, having received the required constitutional majority, is declared passed. Senate Bill 852. Senator Donahue. Please read the bill, Mr. Secretary.
Senate Bill 852. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.
Thank you very much, Mr. President. This is a Department of Public Health initiative. It brings Illinois into compliance with amendments to the federal Safe Drinking Water Act of 1996, and on behalf of Senator Rauschenberger, it brings money into the treasury, not -- it won't jeopardize 'em. So I'd ask for your support.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 852 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 56 voting Yes, no voting No, no voting Present. Senate Bill 852, having received the required constitutional majority, is declared passed. Senate Bill 857. Mr. Secretary, please read the bill.
Senate Bill 857. 177 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno.
Thank you, Mr. President. This is an initiative of the Illinois Department of Employment Security. It repeals the Non-Resident Contractors Bond Act. This Act was first passed in the early nineties, but it's never been funded and therefore it's never been enforced. Life has gone on, but nonetheless, IDS {sic} (IDES) continues to receive audit findings on this issue, so they'd like it removed.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 857 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 55 voting Yes, 1 voting No, no voting Present. Senate Bill 857, having received the required constitutional majority, is declared passed. Senate Bill 858. Senator Radogno? Mr. Secretary, please read the bill.
Senate Bill 858. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno.
Thank you, Mr. President. This is also an initiative of the Illinois Department of Employment Security. It allows the Director of Employment Security to issue a blanket approval of qualified job training programs implemented pursuant to the 178 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 federal Workforce Investment Act of 1998. Currently, the Director has the ability to grant that approval under the Job Training Partnership Act; however, the JTPA has now been superseded by the Workforce Investment Act. So essentially, this is reflecting a change in the program name.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 858 pass. All those in favor, vote Aye. Opposed, vote No. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There's -- on that question, there's 56 voting Yes, no voting No, no voting Present. Senate Bill 858, having received the required constitutional majority, is declared passed. Mr. Secretary, please read the bill. Number 859.
Senate Bill 859. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. This bill was brought to me by the Illinois Emergency Management Agency. Basically, it provides that a state which is a party to the Emergency Management Compact Assistance Act may request aid from another member state. Actually, it creates some cooperation. There are thirty-four states that are presently part of this -- this Emergency Management Compact Assistance Act. It would make Illinois part of that. I would try to answer any questions that you might have.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, 179 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 the question is, shall Senate Bill 859 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 56 voting Yes, no voting No, no voting Present. Senate Bill 859, having received the required constitutional majority, is declared passed. Senate Bill 864. Senator Tom Walsh? Out of the record. Senate Bill 868. Senator Radogno? Mr. Secretary, please read the bill.
Senate Bill 868. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Radogno.
Thank you, Mr. President. This is an initiative of the Industrial Commission. It amends the Workers' Compensation Act. It allows the Industrial Commission to assess a civil penalty personally and individually against the corporate officers and directors of a corporate employer, the partners of an employer partnership, and the members of a limited liability company, after finding that the employer knowingly and willfully refused or failed to comply with the provisions of paying for the workers' compensation insurance.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 868 pass. All those in favor, vote Aye. Opposed, vote No. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 56 voting Yes, no voting No, no voting Present. Senate Bill 868, having received the required constitutional majority, is declared passed. Senate 180 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Bill 871. Out of the record. Senate Bill 875. Senator Dillard? Please read the bill, Mr. Secretary.
Senate Bill 875. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative of the Department of Military Affairs, and it amends the Military Code by deleting the requirement that the Assistant Adjutant General for Air will have been a rated Air Force crew member. This will allow us to expand our pool of applicants for this Assistant position in the future, and this is -- Illinois is the only state remaining with this requirement for this position. And I'd urge a favorable vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 875 pass. All those in favor, vote Aye. Opposed, vote No. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 56 voting Yes, no voting No, no voting Present. Senate Bill 875, having received the required constitutional majority, is declared passed. We're on page -- the top of page 18. Senator Noland, on Senate Bill 876. Mr. Secretary, please read the bill.
Senate Bill 876. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) 181 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senator Noland.
Thank you, Mr. President. Senate Bill 876 would allow the Illinois National Guard to perform military honors funerals for qualified veterans. These ceremonies typically include flag folding and presentation and playing of taps. There's a growing demand, especially from the -- our World War II veterans, and there are many times the federal government cannot provide that. So Illinois has an obligation to provide this military service.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 876 pass. All those in favor, vote Aye. Opposed, vote No. The vote 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 876, having received the required constitutional majority, is declared passed. Senate Bill 881. Mr. Secretary, please read the bill.
Senate Bill 881. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh.
Thank you, Mr. President. Senate Bill 881 makes the sponsoring of an annual conference by DNR permissive instead of mandatory. This is -- this comes from DNR. It's the result of a audit finding that they've had, and the conference that we're talking about, they have similar conferences that they attend that accomplish the same thing.
PRESIDING OFFICER: (SENATOR WATSON) 182 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 881 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 56 voting Yes, no voting No, no voting Present. Senate Bill 881, having received the required constitutional majority, is declared passed. Senate Bill 885. Senator Syverson? Out of the record. Senate Bill 888. Senator Tom Walsh. Mr. Secretary, please read the bill.
Senate Bill 888. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh.
Thank you, Mr. President. This is an initiative of the Department of Financial Institutions. It amends the Transmitters of Monies and the Debt Management Services Act(s) to make changes. This is with regard to various dot-com companies to -- bill payment companies and -- with -- so forth.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 888 pass. All those in favor, vote Aye. Opposed, vote No. Voting's open. All vote -- 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 888, having received the required constitutional majority, is declared passed. Senate Bill 902. Out of the record. Senate Bill 912. Senator Lightford? Mr. Secretary, please read the bill.
183 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Senate Bill 912. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Lightford.
Thank you, Mr. President, Members of the Assembly. Senate Bill 912 amends the School Code, requiring the State Board of Ed to survey school districts to determine their needs related to the adoption and implementation of character education programs. It also requires the Board to report on the findings of the survey to the General Assembly on or before January 1st, 2002. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any discussion? If not, the question is, shall Senate Bill 912 pass. All those in favor, vote Aye. Opposed, vote No. Voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 54 voting No, 2 -- excuse me, 54 voting Yes, 2 voting No, no voting Present. Senate Bill 912, having received the required constitutional majority, is declared passed. Senate Bill 941. Robert Madigan. Senator Madigan? Out of the record. Senate Bill 950. Senator Lauzen? Do you wish Senate Bill 950 returned to the Order of 2nd Reading for the purpose of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading, we have Senate Bill 950. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Lauzen.
PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.
184 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Thank you, Mr. President. It's merely a technical amendment.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further amendments, Mr. Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 861. Senator Tom Walsh. Out of the record. Senate Bill 975. Senator Dillard? Out of the record. Messages from the House, Mr. Secretary.
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 34, 64, 719, 915, 1302, 1717, 1732, 1942, 2111, 2518, 243, 446, 1277, 2091, 2534, 2539, 3137, 3210, 3264, 3284, 3327, 1006, 1045, 1050, 1994, 2112, 2159, 2472, 3061, 3147, 3584 and 1019. All passed the House, March 28th, 2001. Another Message on House Bills 48, 305, 312, 479, 544, 654, 677, 1824, 3054, 3075, 3209, 3335 {sic} (335), 1709, 1842, 1843, 1844, 1900. All passed the House, March 29th, 2001. 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, the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 13. 185 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Adopted by the House, March 28, 2001.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson, for what purpose do you rise?
Purposes of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Proceed.
The Judiciary Committee recessed from its Tuesday meeting until 5 o'clock. So just would like to remind the Members to be present promptly at 5 in Room 400.
PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver.
Thank you, Mr. President. Purpose of an announcement.
PRESIDING OFFICER: (SENATOR WATSON) Please proceed.
I'd like for everyone that has Floor amendments to get 'em filed as soon as possible. If you can get 'em filed today, we'll have a Rules Committee meeting in the morning and get these Floor amendments assigned to committees, probably Monday or Tuesday. But get -- if you have Floor amendments, get 'em filed as soon as possible.
PRESIDING OFFICER: (SENATOR WATSON) We have effectively completed our business for the day. The Secretary will read into the record some House Bills 1st Reading. We plan on coming back at 9 o'clock tomorrow morning. So have a good evening. Madam Secretary, Messages.
Message from the President. Dear Mr. Secretary - Pursuant to the provisions of Senate 186 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 Rule 2-10(e), I hereby extend the deadline for committee action on the following category of bills, with specific bill numbers enumerated this -- under this category to May 11, 2001: Appropriations, specifically: Senate Bills 814, 1346, 1352, 1355, 1358, 1361, 1364, 1367, 1370, 1373, 1376, 1379, 1382, 1385, 1388, 1391, 1394, 1397, 1400, 1403, 1406, 1409, 1345, 1347, 1353, 1356, 1359, 1362, 1365, 1368, 1371, 1374, 1377, 1380, 1383, 1386, 1389, 1392, 1395, 1398, 1401, 1404, 1407, 1410, -- pardon me, 1349, 1353 -- pardon me, 1354, 1357, 1360, 1363, 1366, 1369, 1372, 1375, 1378, 1381, 1384, 1387, 1390, 1393, 1396, 1399, 1402, 1405, 1408, 1411, 1412, 1415, 1418, 1421, 1424, 1427, 1430, 1433, 1436, 1439, 1442, 1445, 1448, 1451, 1454, 1457, 1460, 1463, 1466, 1469, 1472, 1475, 1478, 1481, 1484, 1413, 1416, 1419, 1422, 1425, 1428, 1431, 1434, 1437, 1440, 1443, 1446, 1449, 1452, 1455, 1458, 1461, 1464, 1467, 1470, 1473, 1476, 1479, 1482, 1485, 1414, 1417, 1420, 1423, 1426, 1429, 1432, 1435, 1438, 1441, 1444, 1447, 1450, 1453, 1456, 1459, 1462, 1465, 1468, 1471, 1474, 1477, 1480 and 1483. Further, pursuant to Senate Rule 2-10(e), I hereby extend the deadline for the final action of the -- on the above named category and specifically enumerated bills to May 25, 2001. James "Pate" Philip, President of the Senate.
PRESIDING OFFICER: (SENATOR WATSON) Madam Secretary, Resolutions.
Senate Resolution 96, offered by Senator Demuzio, Jones and all Members. And Senate Resolution 97, offered by Senator Emil Jones and all Members. They're both death resolutions.
PRESIDING OFFICER: (SENATOR WATSON) Consent Calendar. House Bills 1st Reading. We'd like to 187 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 welcome Representative Jim Meyer to the gallery. Jim, we're glad to have you here. Let's welcome Representative Jim Meyer. House Bills 1st Reading, Madam Secretary.
House -- House Bill 39, offered by Senator Parker. (Secretary reads title of bill) House Bill 101, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 276, offered by Senator Watson. (Secretary reads title of bill) House Bill 352, offered by Senator Noland. (Secretary reads title of bill) House Bill 373 -- pardon me, 376, offered by Senator Demuzio. (Secretary reads title of bill) House Bill 509, offered by Senators Wendell Jones and Molaro. (Secretary reads title of bill) House Bill 512, offered by Senator Roskam. (Secretary reads title of bill) House Bill 630, offered by Senator Link. (Secretary reads title of bill) House Bill 659, offered by Senator Link. (Secretary reads title of bill) House Bill 719, offered by Senator Radogno. (Secretary reads title of bill) House Bill 841, offered by Senator Watson. (Secretary reads title of bill) House Bill 915, offered by Senator Dillard. (Secretary reads title of bill) House Bill 922, offered by Senator Thomas Walsh. (Secretary reads title of bill) House Bill 1026, offered by Senator Cronin. (Secretary reads title of bill) 188 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 House Bill 1277, offered by Senator Peterson. (Secretary reads title of bill) House Bill 1302, offered by Senators O'Malley and Viverito. (Secretary reads title of bill) House Bill 1717, offered by Senator Trotter. (Secretary reads title of bill) House Bill 1848, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 1957, offered by Senator Myers. (Secretary reads title of bill) House Bill 1985, offered by Senator del Valle. (Secretary reads title of bill) House Bill 1994, offered by Senator Molaro. (Secretary reads title of bill) House Bill 2088, offered by Senator Roskam. (Secretary reads title of bill) House Bill 2112, offered by Senator Parker. (Secretary reads title of bill) House Bill 2159, offered by Senator Clayborne. (Secretary reads title of bill) House Bill 2290, offered by Senator Thomas Walsh. (Secretary reads title of bill) House Bill 2294, offered by Senator Thomas Walsh. (Secretary reads title of bill) House Bill 2295, offered by Senator Thomas Walsh. (Secretary reads title of bill) House Bill 2296, offered by Senator Thomas Walsh. (Secretary reads title of bill) House Bill 2300, offered by Senator Thomas Walsh. (Secretary reads title of bill) House Bill 2534, offered by Senator Burzynski. (Secretary reads title of bill) 189 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 19th Legislative Day March 29, 2001 House Bill 3004, offered by Senator Robert Madigan. (Secretary reads title of bill) House Bill 3033, offered by Senator Sullivan. (Secretary reads title of bill) House Bill 3065, offered by Senator Peterson. (Secretary reads title of bill) House Bill 3136, offered by Senator Molaro. (Secretary reads title of bill) House Bill 3210, offered by Senator Bomke. (Secretary reads title of bill) And House Bill 3565, offered by Senator Thomas Walsh. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further business to come before the Senate? Then I would like to again wish Senator Geo-Karis a happy birthday and hope you have a lovely evening, and the rest of your day. And say that the Senate will be adjourned until 9 a.m. on Friday, March 30th. The Senate is adjourned. 190