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 Pastor Jeff Nelsen, Cherry Hills Baptist Church, Springfield, Illinois. Pastor Nelsen.
(Prayer by Pastor Jeff Nelsen)
...remain standing for the Pledge of Allegiance. Senator Radogno.
(Pledge of Allegiance, led by Senator Radogno)
...of the Journal. Senator Jones.
Mr. President, I move that reading and approval of the Journal of Wednesday, May 2nd, in the year 2001, be postponed, pending arrival of the printed Journal.
Senator Jones moves to -- to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There being no objection, so ordered. Senator Demuzio, for what purpose do you rise?
Thank you, Mr. President. Let the record reflect today that Senator Jones is absent due to illness in the family.
The record will so indicate. The Illinois Information Service has requested permission to film today. Is leave granted? Leave is granted. Committee Reports.
1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Senator Peterson, Chair of the Committee on Revenue, reports House Bills 280, 442, 509, 922, 1277 and 1700 Do Pass. Senator Klemm, Chair of the Committee on Executive, reports House Bills 1199, 1200, 1201, 1202, 1203, 1204, 1630, 1776, 2247, 2905, 2911, 2914, 2917, 2920, 3024, 3209, 3491, 3492, 3493, 3494 and 3495, all Do Pass; House Bill 3188 Do Pass, as Amended; and House Joint Resolution 6 Be Adopted. Senator O'Malley, Chair of the Committee on Financial Institutions, reports House Bills 2282 and 3068 Do Pass. And Senator Burzynski, Chair of the Committee on Licensed Activities, reports House Bills 752, 1805, 1954, 2539, 2566 and 3015 Do Pass; and House Bills 572, 3014 and 3204 Do Pass, as Amended.
PRESIDING OFFICER: (SENATOR DUDYCZ) Messages from the House.
Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1098, with House Amendment No. 1. We have a like Message on Senate Bill 1303, with House Amendment No. 1. Both passed the House, as amended, May the 2nd, 2001.
PRESIDING OFFICER: (SENATOR DUDYCZ) Resolutions.
Senate Resolutions 130 and 131, by Senator Clayborne and all Members. And Senate Resolution 132, by Senators Demuzio, Emil Jones and all Senators. They're both -- or, all three are death resolutions, Mr. 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Consent Calendar. We'll now proceed to the Executive Session for the purpose of advise and consent. Senator Petka.
Thank you, Mr. President. I move that the Senate resolve itself in Executive Session for the purpose of acting on the Governor's appointments set forth in his Messages of February 1st, 2001; February 28, 2001; and March 27, 2001.
PRESIDING OFFICER: (SENATOR DUDYCZ) You've heard the motion. All in favor, say Aye. Opposed, Nay. The motion carries, and we are in Executive Session. Mr. Secretary, Committee Reports.
Senator Petka, Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of February 1st, 2001, reported the same back with a recommendation the Senate advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.
Mr. President, with respect of the Message of February 1st, 2001, I will read the salaried appointments of which the Senate Committee on Executive Appointments recommends that the Senate advise and consent. To be Assistant Director to the Department of Agriculture, term ending January 20th, 2003, Joan Messina of Springfield. To be Assistant Director of Department of Central Management Services, term ending January 20th, 2003, Lula Ford of Chicago, Glenn Good of Chicago. To be Assistant Director to the Department of Commerce and Community Affairs, term ending January 20th, 2003, Lourdes Ortiz, 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Chicago. To be Assistant Director of the Department of Financial Institutions for a term ending January 20th, 2003, Edgar Lopez of Chicago. To be Assistant Secretary of Department of Human Services, term ending January 20th, 2003, Daniel Miller of Springfield. To be Assistant Director of the Department of Insurance for a term ending January 20th, 2003, Madelynne Brown of Chicago. To be Assistant Director of the Department of Labor for a term ending January 20th, 2003, William Rolando of Jerseyville. To be Assistant Director of the Department of Public Aid for a term ending January 20th, 2003, David Citron of Highland Park. To be Assistant Director of the Department of Public Health for a term ending January 20th, 2003, Michelle Gentry-Wiseman of Chatham. To be Assistant Director of the Department of Revenue for a term ending January 20th, 2003, Patricia Marriott of Springfield. To be Assistant Secretary of Department of Transportation, term ending January 20th, 2003, Joseph Banks of Chicago. To be Assistant Director of the Department of Veterans' Affairs for a term ending January 20th, 2003, George Cramer of Woodridge. Mr. President, having read the salaried appointments from the Governor's Message of February 1st, 2001, I now seek leave to consider the appointments of February 1st, 2001, on a roll call. Will you please put that question as required by our rules?
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Demuzio.
Thank you, Mr. President. I think there's a motion filed to separate out Mr. Douglas Stevenson on a separate roll call, I think. 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) The Parliamentarian informs the Chair that's on the Message on March 27th. That's a different Message, Senator Demuzio. And we will honor your motion at that time. Senator Demuzio.
I -- I was just curious, is if we -- if -- if we are in error, we'll correct it. But... All right.
PRESIDING OFFICER: (SENATOR DUDYCZ) We're fine. Is there any further discussion? If not, the question is, does the Senate advise and consent to the nominations just made. 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 a majority of Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. ...Secretary.
Senator Petka, Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of February 28th, 2001, reported the same back with the recommendation the Senate advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.
Thank you very much. The appointment to the Court of Claims, to be Chief Justice, Andrew Raucci of Chicago. To be a member of the Illinois Human Rights Commission for a term ending January 17, 2005, Spencer Leak of Chicago. To be a member of the Prisoner Review Board for a term ending 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 January 15, 2007, Nancy Bridges-Mickelson of Golconda. To be a member of the Property Tax Appeal Board for a term ending January 15, 2007, Max Coffey of Charleston. To be a Small Business Utility Advocate for a term ending February 6, 2006, Phyllis Scott of Flossmoor. Mr. President, having read the salaried appointments from the Governor's Message of February 28th, 2001, I now seek leave to consider the appointments of February 28, 2001, on a single roll call. Mr. President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, does the Senate advise and consent to the nominations just made? 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 a majority of Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Mr. Secretary.
Senator Petka, Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of March 27th, 2001, reported the same back with the recommendation the Senate advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.
Mr. President, an inquiry. What is the Message that we are to address, Mr. Secretary?
PRESIDING OFFICER: (SENATOR DUDYCZ) Mr. Secretary.
6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Message of March 27th, 2001.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.
...members of the Governors State Board -- Governors State University Board of Trustees for terms ending January 15, 2007, Bruce Friefeld of Mokena, Kathleen Orr of Flossmoor, Lorine Samuels of New Lenox. To be a member of the Northern Illinois University Board of Trustees, term ending January 15, 2007, George Moser of Barrington Hills. To be a member of the University of Illinois Board of Trustees for a term ending January 8, 2007, Robert Vickrey of Peru. To be a member of Western Illinois University Board of Trustees, term ending January 15, 2007, Dean {sic} (Dace) Richardson of Wheaton. To be members of the Children and Family Services Advisory Council for term ending January 17, 2005, Frances Barnes of Chicago, Barbara Cempura of Belleville, Micki Chulick of DeKalb, Judy H. Fried of Lincolnshire, Linda Goforth of Murphysboro, Charlotte Mushow of Elmhurst, Rick Velasquez of Oak Park, Eva Wilson of Chicago. To be members of the Agricultural Export Advisory Committee, terms ending January 20th, 2003, Thomas Bressner of Moweaqua, Kendall Cole of Virden, Heather Knodle {sic} (Hampton-Knodle) of Irving, Stanley Heitz of Normal, Stephen Kneubuehl of Rock City, Bruce Leman of Roanoke, Richard Maiocco of Springfield, Katherine Reading of Skokie, Sandy Streed of Chicago, Paul Van Halteren of Chicago. To be members of the Board of Aeronautical Advisors for a term ending January 20, 2003, Rudy Frasca of Champaign, Neal Houbolt of Joliet, Ralph Hurwitz of Springfield, Jacqueline Klaus of Peoria, 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 David NewMyer of DeSoto, William Norwood of Carbondale, Charles Wenk of Lake Bluff. To be a member of the Board of Higher Education for a term ending January 31st, 2001, Mark Barmak of Lake Bluff. To be a member of the Board of Higher Education, term ending January 31st, 2007, Mark Barmak of Lake Bluff. To be a member of the Department of Natural Resources Advisory Board, term ending January 15 {sic} (20), 2003, Victoria Cianciarulo of Lanark. To be members of the Natural -- Department of Natural Resources Advisory Board, terms ending January 15, 2007, Robert Winchester of Whittington, Richard T. Wren of Oak Lawn. To be members of the Employment Security Advisory Board, term ending January 20th, 2003, Greg -- Greg Baise of Lemont, Margaret Blackshere of Niles, Louis Jones of Flossmoor, David Vite of Woodstock. To be a member of the Illinois Building Commission for a term ending May 1st, 2003, Ed Christensen of Chicago. To be a member of the Illinois State Board of Investment for a term ending January 17, 2005, Robert Newtson of Springfield. To be a member of the Illinois State Medical Disciplinary Board for a term ending January 1st, 2004, Mark Burton Weiner of Berwyn. To be a member of the Illinois State Museum Board for a term ending January 15, 2003, James Ballowe of Ottawa, Lou Parker {sic} (R-Lou Barker) of Springfield, George Rabb of Brookfield, Peggy Ryder, Jerseyville, Guerry Suggs of Springfield. To be a member of the Joliet Arsenal Development Authority board {sic}, term ending January 17, 2005, Wayne McMillan, Bolingbrook, Joseph Ward of Joliet. To be a member of the Medical Licensing Board for a term ending January 1st, 2002, Richard Dietzen of Elmhurst. 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 To be a Public Administrator and Public Guardian of Kane County for a term ending January -- excuse me, December 3rd, 2001, Denise Harding-Hopkins. Be a member of the State Soil and Water Conservation Advisory Board for a term ending January 15, 2001, Eleanor Zimmerlein of LaMoille. And to be a member of the State Soil and Water Conservation (Advisory) Board for a term ending January 17, 2005, Eleanor Zimmerlein of LaMoille. Mr. President, having read the non-salaried appointments of -- the Governor's Message of February 28, 2001, I now seek leave to consider the appointments of February 28, 2001, on a roll call. Mr. President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR DUDYCZ) For the record, that was the Message dated February 28th, as read by Senator Petka. Is there any discussion? If not, the question is, does the Senate advise and consent to the nominations just made? All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wished? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And a majority of Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Mr. Secretary.
Senator Petka, Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of March 27th, 2001, reported the same back with the recommendation the Senate advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.
9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Douglas Stevenson of Rochelle {sic} (Roselle), to be a member of the Illinois Industrial Commission for a term ending January 17, 2005. Mr. President, having read the salaried appointment from the Governor's Message of March 27, 2001, I now seek to consider the appointment of March 27, 2001, on a roll call. Would you please put that question as required by our rules?
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Demuzio.
Is this the one?
PRESIDING OFFICER: (SENATOR DUDYCZ) This is the one.
Our motion has been filed and are we...
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator -- Senator Demuzio, he's the only one on the -- on this -- on this Message. Any further discussion? If not, the question is, does the Senate advise and consent to the nominations just made. 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 wish? Take the record. On that question, there are 42 Ayes, 1 Nay, 12 voting Present. And a majority of Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Petka.
...you, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Excuse me, Senator Petka. Senator Demuzio, what purpose do you rise?
10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 That last motion that was put to the -- to the Body, what -- what -- what was in that last Message?
PRESIDING OFFICER: (SENATOR DUDYCZ) Could you repeat your question, Senator Demuzio?
That is not the one that we had filed a motion on with respect to having a separate roll call, was it?
PRESIDING OFFICER: (SENATOR DUDYCZ) The Parliamentarian advises the Chair that that is regarding the same motion, Senator Demuzio. That one individual was the only person that was read in on that report. Senator Demuzio.
Then I would suggest that we would have someone who will -- who will immediately file to move to reconsider because I think there's some people who did not want to vote for that individual. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.
Thank you, Mr. President. I move that the Senate arise from Executive Session.
PRESIDING OFFICER: (SENATOR DUDYCZ) You've heard the motion. All those in favor, say Aye. Opposed, Nay. The motion carries. ...turn your attention to the middle of page 8 in the Order of Senate Bills 3rd Reading. We will be going to Senate Bill 1264 for the purposes of a recall. Senator Noland, what purpose do you rise?
...President, for a point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 I'm pleased to introduce a school group, a seventh-grade class from the Cumberland School, here in the gallery. So, if we'd please welcome them.
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests in the gallery please rise and be recognized? Welcome to Springfield. The middle of page 8, in the Order of Senate Bills 3rd Reading. Senator Weaver, do you wish this bill returned to 2nd Reading for -- for the purpose of an amendment? Senator Weaver seeks leave of the Body to return Senate Bill 1264 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 1264. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Weaver.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
Thank you, Mr. President. Floor Amendment No. 1 adds Carle Hospital of Urbana to the existing Excellence in Academic Medicine program. This Floor amendment does not make any further changes, and I'd appreciate its adoption.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. ...turn their attention to the middle of page 9, the Order of Senate Bills 3rd Reading. We will be going to the Order of Senate Bill 1357. Middle of page 9, the Order of Senate 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Bills 3rd Reading, is Senate Bill 1357. Mr. Secretary, read the bill.
Senate Bill 1357. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1357 is the Governor's introduced funded and recommended level for the Illinois Arts Council. It includes nineteen million six hundred and seven thousand dollars of General Revenue and six hundred and fifty thousand dollars federal funds. Includes 6.8 million for grants to arts organizations, 2.9 million for targeted constituency, and includes 1.7 million dollars of General Revenue for grants for arts education. I'd appreciate favorable consideration. Would be very happy to answer questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator -- Senator Trotter.
Thank you very much, Mr. President. This is the bill as introduced by the Governor, as mentioned by Senator Rauschenberger, and I think it's a good bill. And I would like everyone on this side of the aisle to vote Yes.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not, the question is, shall -- question is, shall Senate Bill 1357 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 1357, having 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 received the required constitutional majority, is hereby declared passed. Senator Demuzio, what purpose do you rise?
Parliamentary inquiry. When we were in Executive Session, we -- I -- we inadvertently -- I had the wrong Message and therefore I take full responsibility for not informing the Membership on this side of the aisle that there was an individual in there that had -- we had separated out for a particular purpose. Since we had already voted on that person in error, Senator Welch has moved to reconsider the -- having voted on the prevailing side, to move to reconsider the vote and has filed the motion with the Secretary. Now, does that mean that that individual is -- is not confirmed by the Senate until that motion has been dispersed with? And if, in fact, are we going to go back to that order of business to pick that up today and clarify it?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio, we are not going back to that order of business. We are now in the Order of Senate Bills 3rd Reading on -- we're -- we're -- we're going -- we're going to continue to the Order of Senate Bills 3rd Reading. The next bill will be Senate Bill 1359. Senator Demuzio.
I just had another question, and that is, does the motion to reconsider that's been filed with the Secretary, will, in fact, be journalized, and therefore that prevents that individual from having formal confirmation by this Body, is that correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio, you are out of order. This motion has been presented in handwriting and we are not on that order of business. Senator Clayborne, what purpose do you rise?
Mr. President, I rise for a point of personal privilege. 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point, sir.
To my right, I have the Superintendent of Schools in District 187, Cahokia, Illinois, former St. Clair County Regional Superintendent, Dr. Jed Deets.
PRESIDING OFFICER: (SENATOR DUDYCZ) Welcome to Springfield, Doctor. Middle -- middle of page 9, the Order of Senate Bills 3rd Reading, is Senate Bill 1359. Mr. Secretary, read the bill, please.
Senate Bill 1359. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
I'd like this -- to take this bill out of the record and go on to the next one, please.
PRESIDING OFFICER: (SENATOR DUDYCZ) Out of the record. Senate Bill 1360. Mr. Secretary, read the bill, please.
Senate Bill 1360. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you. Senate Bill 1360, which will be on the board in a second, is actually the operations for the Capital Development Board. It fully funds the Commission at the Governor's requested 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 level. Increase is entirely for personnel services related to the expenses that'll support a hundred and seventy-eight employees to run the capital programs that we have been supporting over the last couple years. The total appropriation is six million five hundred and eighty-one thousand of General Revenue, seven million five hundred and sixteen thousand of other State funds, for a total appropriation of fourteen million ninety-eight thousand six hundred dollars. I'd appreciate favorable consideration.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Trotter.
Thank you very much, Mr. President. This bill was fully discussed in committee and it is pretty straightforward. And I'd like to see everyone on this side of the aisle to vote Yes or Aye for this bill. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Welch.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Welch.
Senator Rauschenberger, my analysis says that the -- the Board will appeal to the Governor's Office for fifteen new people in Fiscal Year '02. Could you explain why that isn't in the budget, why they're going to do that?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
I understand that a number of State agencies are interested in a better head count so they can do their job better. It's been kind of our concern, though, with the size of this budget and what 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 we're facing, that it be important -- that it's important that the Senate stick with the Governor's level of allocation. We're certainly willing, in response to the House or to the Governor's Office, to discuss any reallocations that they want to discuss, but we've been making an effort to move these bills out at the requested level.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
Well, I -- I would assume that the Director presented her request to the Appropriations Committee. What did you tell her in the Appropriations Committee, or did she not request it in the Appropriations? If she didn't, how did you find out this information?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
The -- the Capital Development Board has identified that they would be able to run more efficiently if they had more head count. This relates to other things like the fact they've requested the right to be able to contractually hire construction managers. But the Director has made it clear to me that she supports the Governor's introduced level. If, in the final negotiations, there's a reallocation, she'd welcome additional support because she thinks she can move the projects better. But she did not request that we change the Governor's budget.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is, shall Senate Bill 1360 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. 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 And Senate Bill 1360, having received the required constitutional majority, is hereby declared passed. Senate Bill 1361. Mr. Secretary, read the bill, please.
Senate Bill 1361. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1361 is the Governor's introduced and requested level for the State retirement systems bill. Fully funds the retirement systems at the recommended level. Includes a hundred and twenty-eight thousand of General Revenue for the operations of the statutorily mandated Social Security unit. Includes twenty-five million dollars for the Judicial Retirement System. Includes four million one hundred and sixty-eight thousand dollars for the General Assembly Retirement System. Includes four million eight hundred thousand dollars for the Teachers' Retirement System and fifty thousand dollars of General Revenue for the Teachers' Pension and Retirement Fund of Chicago. Also includes eighty million dollars from the State Pensions Fund that's distributed among the various retirement systems. The General Revenue request is thirty-four million three hundred and seventy-eight thousand. Other funds is eighty million dollars, for a total of a hundred and fourteen million three hundred and seventy-eight thousand.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Trotter.
Thank you very much. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Sponsor indicates he will yield. Senator Trotter.
Senator Rauschenberger, is there any additional head count requested in this budget?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
There -- there's no specific request for additional head count. But as all of us in this Chamber know, we have no right, through the appropriation process, to review the operations of our pension systems. And I think Senator Trotter raises an important point, that over time, we may seek leave of this Body and support to begin to be able to analyze the operations of our pension systems, because what they spend, in effect, triggers additional General Revenue.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Trotter.
Thank you very much, Mr. President. Again, I think this is a pretty straightforward bill. It was fully discussed in committee, and I would like -- green lights on this side of the aisle.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any other discussion? No further discussion? The question is, shall Senate Bill 1361 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 56 Ayes, no Nays, none voting Present. And Senate Bill 1361, having received the required constitutional majority, is hereby declared passed. Bottom of page 9, the Order of Senate Bills 3rd Reading, is Senate Bill 1368. Mr. Secretary, read your bill.
19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Senate Bill 1368. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1368 is the appropriation request from the Governor for the State Fire Marshal's Office. It fully funds the Governor's request. Contains one new initiative: five hundred and fifty-three thousand dollars for the new Global Positioning System, which will better help emergency personnel find people in need of both fire and emergency services after its full implementation. The total amount is seventeen million nine hundred and ninety-three thousand seven hundred dollars of other State funds. I'd be happy to answer questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Trotter.
Thank you very much, Mr. President. There's also dollars in here for the Chicago Fire Department training, and also regional training grants for the rest of the State. And I would like to see green Ayes on this side of the aisle. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Welch.
I've got a question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Welch.
Senator Rauschenberger, we're taking these bills one at a time. We're not cutting 'em one dime. We're -- we're waiting 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 until we get to a human services issue, then suddenly we're going to get another speech saying, "Oh, hey, we've got to balance the budget; we spend too much money." What's wrong with trying to have a one-percent, across-the-board cut for everybody so that this balances out, so that the service providers don't bear the brunt of -- of these cuts?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
I -- I'd just remind the Senator that we've already passed the human service budgets about two weeks ago. They're resident in the House right now. We're very interested, I think, in hearing what both the Governor and the House have to say regarding reallocations. I certainly have an open mind and am very willing. But as I outlined in the past, the Senate has been very activist in the budget over the last five years. The response for the last two years from the Governor's Office and the House is to kind of blame the Membership here for being unreasonable. I think it's a reasonable response to send these smaller budgets that we're dealing with today that we have no intention, realistically, of changing. If you made reductions, for example, to the State Fire Marshal's Office, you wouldn't be able to spend them, because they're not general revenues. They're mostly impressed taxes on fire insurance companies, so they wouldn't help us with our -- our questions about general revenue. But I do appreciate you and I support you in -- in the discussion that we need to take a hard look at human services before we adjourn this year.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
You support me, but you're not going to cut 'em one percent. Thank you. We have all of these budgets. They're not all money 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 that's -- that's impounded, so there could be other budgets that -- that we do reduce. Certainly, the Human Service's budget that we passed over there, that was -- the initial discussion that you gave on the Floor was that was to begin negotiations. But as we keep passing these at the Governor's level, there's no room for negotiation; there's only room for cutting. There's no room for the add-ons that you showed on your chart that you passed out last week. Those are by the wayside, because we've appropriated everybody at the Governor's level. So we get to the point where there's nothing left to do. That's what you're doing by not having an across-the-board cut. In the past, when we had these economic and fiscal problems, we did have a one-percent, across-the-board cut, and sometimes two, for every, single agency. And the rationale behind that was that there was enough fat in each of the budgets that could be cut out, whether it was travel, supplies, excess personnel. Seems to me that maybe we should try that instead of waiting till the end and just extend the payment cycle for providers or -- well, that's basically what we're going to end up doing.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Rauschenberger, to close.
Well, I welcome Senator Welch's discussion because I'm frustrated as well. I'll be the first green light with you if we can make any kind decision to cut base or reallocate in this Body, particularly in cooperation with the House. I do think the State Budget would benefit from a thoughtful review of our base spending. But you don't have to sit long in the Appropriation Committee, or you don't have to read too many newspaper articles, to know that those are very difficult things, politically, for us to gain consensus on. So, you know, I'm -- I'm -- I'm with you. 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Let's figure out how to make State government better. But I don't think that really affects our decision on the Prisoner Review Board or the Fire Marshal or the Bureau of the Budget budgets. I really think that's an engagement about our discipline.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1368 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 1368, having received the required constitutional majority, is hereby declared passed. Top of page 10, in the Order of Senate Bills 3rd Reading, is Senate Bill 1369. Mr. Secretary, read the bill, please.
Senate Bill 1369. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1369 is the budgetary request for the Prisoner Review Board. It fully funds the agency's request at the Governor's level. It allows the Board to continue its mission of determining whether good conduct credit should be revoked or restored, to set the conditions of parole and to determine the eligibility for parole for some C class inmates who have been in our system for a long time. The total appropriation is one million six hundred and twenty-three thousand three hundred dollars. If you applied a one-percent, across-the-board to this agency, just for -- for people's benefit, it would be a sixteen-thousand-dollar cut.
PRESIDING OFFICER: (SENATOR DUDYCZ) 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Any discussion? Senator Trotter.
Thank you very much, Mr. President. This is a pretty straightforward piece of legislation, as the others have been, and I would like to see green lights on this side of the aisle.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1369 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. And Senate Bill 1369, having received the required constitutional majority, is hereby declared passed. Senate Bill 1371. Senator Rauschenberger. Mr. Secretary, read the bill, please.
Senate Bill 1371. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1371 makes appropriations to the Southwest {sic} (Southwestern) Illinois Development Authority. It fully funds the request at the Governor's recommended funding level. It provides funding to cover our moral obligation for the Laclede Steel loan payment default and to allow the State to fulfill its -- fulfill the obligation and maintain its current bond rating. It is, I think, important to note that we need to pass this. But it does, I hope, bring home to people that when we do moral obligation commitments in here, sometimes they come back for us to enjoy on the appropriation level. Be happy to answer questions. 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Trotter.
Thank you very much, Mr. President. Just -- I do have one question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Trotter.
Senator Rauschenberger, just for the record at this time, how many more of these small bills are we going to be doing today?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Senator Trotter, after this bill, four more, and they will be the Illinois Rural Bond Bank, the East St. Louis Financial (Advisory) Authority, Department of Professional Regulation and the Liquor Control Commission, and then we're -- that -- that would be the end of the -- the order today.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Trotter.
Thank you very much, Senator Rauschenberger. Again, this bill was fully discussed in committee. We do have an obligation, and this certainly addresses it for this year. And I would like to see green Ayes -- green lights on this side of the aisle.
PRESIDING OFFICER: (SENATOR DUDYCZ) The -- question is, shall Senate Bill 1371 pass. All those in favor will vote Aye. All those 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 56 Ayes, no Nays, none voting Present. And Senate Bill 1371, having received the required constitutional 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 majority, is hereby declared passed. Senate Bill 1372. Mr. Secretary, read the bill.
Senate Bill 1372. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1372 is the appropriated level recommended by the Governor for the Illinois Rural Bond Bank. The amount is two hundred eighty-three thousand five hundred dollars. Just so you know, if you applied a one-percent to this agency, it would net us two thousand eight hundred and thirty-five dollars to work on Human Services with. But, I mean, that is just something we could keep in mind if we do decide to use the one-percent.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Trotter.
Thank you very much, Mr. President. I'd like to see a lot of green lights on this side of the aisle. This is pretty straightforward.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Welch.
I want to thank Senator Rauschenberger for his one-percent calculations, but you started off by adding 4.4 -- 4.8 percent to the budget to begin with. So if you -- if you don't add to the budgets, like the previous one - the Prison Review Board was a seven-percent increase, then you subtract one - that's not the way I'm talking about. I'm talking about going back to where we were. 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 But thank you for -- thank you for the computation.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Watson.
Yes. Thank you, Mr. President. Am I hearing this right? Did I -- I'm not sure if I've just -- maybe I'm in another hemisphere or twilight zone or what's going on here, but I just thought I heard from the previous speaker a suggestion that we go back to the prior budget, from last year, and not have any increase. That's from their side of the aisle? Hallelujah!
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further -- any further discussion? If not, the question is, shall Senate Bill 1372 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 1372, having received the required constitutional majority, is hereby declared passed. Senate Bill 1373. Mr. Secretary, read the bill, please.
Senate Bill 1373. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1373 fully funds the East St. Louis Financial Advisory Authority at the recommended funding level. The amount of the bill is three hundred and thirteen thousand nine hundred dollars, and it allows the Authority to continue its operations in working with the City of East St. Louis. Be happy to answer questions. 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Trotter.
Thank you very much, Mr. President. As Senator Clayborne says, this is a good bill and we should vote it out of here. So, I'd like to see a lot of green lights.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1373 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 1373, having received the required constitutional majority, is hereby declared passed. Senate Bill 1381. Mr. Secretary, read the bill, please.
Senate Bill 1381. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1381 is the Governor's recommended budget for the Department of Professional Regulation. We kind of think of it as Brad Burzynski's agency. It -- it includes a total of thirty million three hundred and sixty-eight thousand dollars, but I would just remind Members that ninety-seven percent of this budget is not General Revenue. It's actually the funds raised from the related professions to pay for their own regulation. So the General Revenue impact of this entire agency is only one million seven hundred and twelve thousand dollars. I'd be happy to answer questions. 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Trotter.
Thank you very much, Mr. President. Another pretty clear-cut bill and just like to see some green lights on this side of the aisle.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1381 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 1381, having received the required constitutional majority, is hereby declared passed. Senate Bill 1382. Mr. Secretary, read the bill, please.
Senate Bill 1382. (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. This Senate Bill -- this -- Senate Bill 1382 is the budget of the Liquor Control Commission. It fully funds the Commission's budget at the Governor's level. For everyone's edification, particularly Senator Welch, this budget does represent a decrease in both general revenues and other State funds that the Governor proposed reducing. So this is a reduction of a hundred and sixty-six thousand nine hundred dollars over the FY'01 estimated expenditures of this agency. So this is a bill that really ought to get all the green lights.
PRESIDING OFFICER: (SENATOR DUDYCZ) 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Is -- any discussion? Senator Trotter.
Thank you very much, Mr. President. I agree. This is a -- the first bill that we've cut this year and we all should vote for it. Vote green.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1382 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 1382, having received the required constitutional majority, is hereby declared passed. Senator Rauschenberger.
Thank you, Mr. President. On a very quick note of personal privilege, I would like to thank Senator Trotter and Elgie Sims and the Members of the Approp Committee on both sides of the aisle. I think we made a lot of progress in what we're doing in the budget. We know we still have a tough year, and I do think although this is a different process for people, I know a lot of Members over the last five years have said it would be good to be able to do budgets one at a time. We've done a lot of the smaller budgets that are kind of, sort of out of the way, and we do know we're going to have to reengage on some of the larger ones. But I do appreciate the thoughtful debate and people's interest in this, and we really -- Members need to know that their Appropriation Members have put in a lot of hard hours and we really look forward to having the House kind of come forward now and be equal partners on some of these things. So I just wanted to thank the Body.
PRESIDING OFFICER: (SENATOR DUDYCZ) If the Membership will turn your attention to the top of page 16 in the Order of House Bills 2nd Reading. House Bill 2. Senator 30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Mahar, do you wish the bill read? Mr. Secretary, read the bill.
House Bill 2. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 161. Senator Demuzio. Mr. Secretary, read the bill.
House Bill 161. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate -- House Bill 173. Senator Sieben. Read the bill, Mr. Secretary. I'm sorry. I beg your pardon. 176. Mr. Secretary, read the bill.
House Bill 176. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) 31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Any Floor amendments approved for consideration?
No further amendments...
PRESIDING OFFICER: (SENATOR DUDYCZ) Oop! Out of the record. House Bill 181. Senator Luechtefeld. Read the bill, Mr. Secretary.
House Bill 181. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 196. Senator Klemm. Read the bill, Mr. Secretary.
House Bill 196. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 382. Senator Thomas Walsh. Read the bill.
House Bill 382. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 418. Senator Rauschenberger. Read the bill. 32 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
House Bill 418. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 508. Senator Bomke. Read the bill.
Senate Bill -- or, House Bill 508. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 512. Senator Roskam. Out of the record. House Bill 542. Senator Myers. Read the bill, Mr. Secretary.
House Bill 542. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 549. Senator Cullerton. Senator Cullerton. Bottom of page 16, in the Order of -- of House Bills 2nd Reading is House Bill 953. Senator Sieben. Mr. Secretary, read the bill.
House Bill 953. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and 33 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Conservation adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved...
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On top of page 17, in the Order of House Bills 2nd Reading, is House Bill 978. Senator Hawkinson. Read the bill, Mr. Secretary.
House Bill 978. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1000. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 1000. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1039. Senator Burzynski. Read the bill.
House Bill 1039. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1041. Senator Shadid. Read the bill.
House Bill 1041. 34 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd -- 3rd Reading. House Bill 1694. Senator Burzynski. Read the bill.
House Bill 1694. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1696. Senator Donahue. Read the bill.
House Bill 1696. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1814. Senator Dillard. Out of the record. House Bill 1900. Senator Dillard. House Bill 1907. Senator Syverson. Read the bill.
House Bill 1907. 35 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd -- 3rd Reading. House Bill 1915. Senator Sieben. Read the bill.
House Bill 1915. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1970. Senator Peterson. Out of the record. Bottom of page 17, in the Order of House Bills 2nd Reading, is House Bill 1972. Senator Sieben. The top of page 18, in the Order of House Bills 2nd Reading, is House Bill 1989. Senator Robert Madigan. Read the bill.
House Bill 1989. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance and Pensions adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved? 36 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 2011. Senator Lightford. House Bill 2058. Senator Roskam. Read the bill.
House Bill 2058. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 2088. Senator Roskam. Read the bill.
House Bill 2088. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 2259. Senator Parker. House Bill 2265. Senator Halvorson. Read the bill, Mr. Secretary.
House Bill 2265. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
37 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 2266. Senator Halvorson. Read the bill.
House Bill 2266. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 2290. Senator Dillard. Out of the record. 2296. Senator Dillard. House Bill 2300. Senator Roskam. Read the bill, Mr. Secretary.
House Bill 2300. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 2315. Senator Munoz. Read the bill, Mr. Secretary.
House Bill 2315. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 38 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 3rd Reading. House Bill 2528. Senator Luechtefeld. House Bill 2534. Senator Burzynski. Read the bill, Mr. Secretary.
House Bill 2534. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. The bottom of page 18, in the Order of House Bills 2nd Reading, is House Bill 2552. Senator Sieben. Read the bill, Mr. Secretary.
House Bill 2552. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the top of page 19, in the Order of House Bills 2nd Reading, is House Bill 2564. Senator Parker. Read the bill, Mr. Secretary.
House Bill 2564. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 3214. Senator Peterson. Read the bill.
House Bill 3214. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved? 39 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 3217. Senator Donahue. Senator Donahue. House Bill 3246. Senator Noland. Read the bill.
House Bill 3246. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 3264. Senator Rauschenberger. Read the bill.
House Bill 3264. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 3377. Senator Bowles. Read the bill, Mr. Secretary.
House Bill 3377. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senator Demuzio, what purpose do you rise?
Well, Mr. President, on a point -- on a parliamentary procedure question. A while back you said that the motion to reconsider was not in -- in -- when we were in Executive Session, was not appropriate. In fact, there's nothing in our rules to prohibit it. Secondly, a motion has now been filed by Senator Welch, who voted on the prevailing side, to reconsider. And I 40 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 would point out in our rules that "Whenever a motion to reconsider is made within the time prescribed by these Senate Rules, the Secretary shall not allow the bill or other subject matter of the motion to pass out of the possession of the Senate until after the motion has been decided or withdrawn." I would move that we go to that order of business, or it seems to me that this individual's confirmation is in jeopardy and any actions that he might take in the future may have some legal claim. And as a result, it seems to me, we ought to do it in the proper manner. I do believe the individual has -- we have the right to -- to -- to do that within our rules, and I would ask that you go to that order of business.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio, with regard to your motion to reconsider, the Chair is prepared to rule it out of order. During Executive Session, the Chair honored your motion to divide the question on the Message of March 27th. The Senate then arose from Executive Session, and this motion was not timely filed during Executive Session. It is therefore ruled out of order. Senator Demuzio.
...fact, the motion was filed during the period of time that we were in Executive Session. The fact of the matter is, is that you ruled that it had to be in writing. There is no provision in our rules that says that it has to be typewritten, and therefore, it seems to me, again, we are jeopardizing the -- the credibility of this individual and any action that he may take. It just seems to me that the individual is still here. Under our rules, he has not been confirmed, and therefore, there's still a legitimate question as to whether or not he has the ability to serve. So, I would -- I would dispute your ruling.
PRESIDING OFFICER: (SENATOR DUDYCZ) Thank you, Senator Demuzio. Senator Welch, what purpose do you rise? 41 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
A parliamentary inquiry. The motion that I filed under Section "7-4. Motions, Generally. The following are general rules... Every motion, except to adjourn, recess or postpone consideration, shall be reduced to writing if the Presiding Officer desires it." So not only does it -- can it be in handwriting, it can be an oral motion. I believe the initial ruling of the Chair was it wasn't reduced to type -- a typewritten statement. So all we would ask is that the motion be allowed, we go to that order of business and vote. I think that what we may be doing here is if we put an individual on the Industrial Commission, certainly it leads to some questions of the decisions of the Industrial Commission that may be brought up on appeal. If we went ahead, had our -- had our vote -- a revote on this, it'll probably go the same way, but at least a lot of the Members will know who they're voting on and why they're -- they're voting the way that they do. So I would ask the Chair to just go to that order of business. I think it will take five minutes to conclude the business if we do that. I think it's fair. In spirit of Senator Rauschenberger saying we're working together on the budget and in the spirit of President Bush working with the Democrats in Congress, I think that this would probably be ultimately the fairest thing to do before we go home for this weekend.
PRESIDING OFFICER: (SENATOR DUDYCZ) Thank you, Senator Welch. The Chair has ruled on your motion. Does the Senator wish to appeal the ruling of the Chair? That request is always in order, Senator Welch. The question is, shall the ruling of the Chair be sustained. All those in favor of sustaining the ruling will vote Aye. All those opposed to sustaining the ruling 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 30 Ayes, 42 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 26 Nays, none voting Present. Having failed to receive the necessary three-fifths negative votes, the appeal fails and the ruling of the Chair is sustained. Senator Welch.
We'd like to verify the vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch, are you requesting a verification of the positive votes or the negative votes? Senator Welch.
The Aye votes.
PRESIDING OFFICER: (SENATOR DUDYCZ) That request is in order. That request is not in order, Senator Welch. It takes 36 votes to overrule the Chair, and the vote was nowhere near. Senator Demuzio, what purpose do you rise?
Since you have failed to give us the proper recognition, let the record reflect that those individuals who voted in the negative, would, in fact, have voted that same way had the issue been put before the Senate on confirmation.
PRESIDING OFFICER: (SENATOR DUDYCZ) Thank you, Senator Demuzio, for your comments. Now if you will bring your attention to the top of page 11. I stand corrected. We will return to the Order of House Bills 3rd Reading, in the middle of page 12. We will be going to, first, House Bill 841, Senator Watson, who was in the Chair when we last were in this order of business. Mr. Secretary, read the bill.
House Bill 841. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson. 43 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
Thank you very much, Mr. President. This legislation comes to us from the Illinois Student Assistance Commission and is involved in the Illinois Prepaid Tuition Act, which is commonly known as "College Illinois!". And what it does, it provides for a refund for the cost of tuition and fees when a scholarship of that student attending one of our universities covers these costs. Right now, if they're to get a refund, they would either get two percent annual -- annualized interest or they would get the cost of the tuition. So in -- in essence, what we're doing is penalizing those students who get a scholarship or a grant, and this corrects that. So, don't know of any opposition. Be glad to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 841 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 51 Ayes, 1 Nay, and none voting Present. And House Bill 841, having received the required constitutional majority, is hereby declared passed. House Bill 846. Senator Parker, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Parker seeks leave of the Body to return House Bill 846 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 846. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Parker.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.
44 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Thank you, Mr. President, Ladies and Gentlemen of the Senate. What this does is merely clarify into law that if you park in a handicapped parking space, right next to it where they have the -- the yellow stripes, that that also is illegal to do.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Demuzio.
Well, just a point of parliamentary inquiry. How -- how did we get to House Bill 846? I understand you stretched it and said we went to 841 for Senator Watson, who was in the Chair last week or sometime in my lifetime, but how did we get to 846 now? Are we...
PRESIDING OFFICER: (SENATOR DUDYCZ) Well, if you look at your -- middle of your page 12 in your Calendar, Senator Demuzio, we concluded yesterday on House Bill 841. That's where we ended, and this is where we are beginning - the following bill - which is the tradition of the -- of this Body. Senator Demuzio.
Well, if -- if that were the tradition, we would go back and start at the beginning since we just finished the -- all the bills on 3rd Reading.
PRESIDING OFFICER: (SENATOR DUDYCZ) Yesterday we did not finish all the bills -- we did not go through the entire Calendar, Senator Demuzio. Any further discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 901. Senator Weaver. Madam 45 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Secretary, read the bill.
House Bill 901. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
Thank you, Mr. President. House Bill 901, with Committee Amendment No. 1, restores this bill to a fifty-percent level. It also adds State University Retirement employees, Civil Service employees, the Water Management and Research Center, State Water Survey, Geological Survey and Natural History Survey to those employees who would be given the fifty-percent tuition -- waiver. I would try to answer any questions, but, basically, Committee Amendment No. 1 is the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Molaro.
Just so as -- thank you, Mr. President, Members of the Senate. Just so that -- so the people on -- some of the Members on our side of the aisle that would see our votes, this bill, House Bill 901, came to the Senate and basically what that bill was, unamended, it would -- they had a presentation in the Executive Committee. There was a book this thick showing that Illinois ranks very low in what we give our college professors. And when House Bill 901 passed the House, it allowed these professors and other university employees to get a hundred-percent waiver on tuition. Right now, it's fifty percent. They wanted to go to a hundred percent. In the Executive Committee, what we did was, we took that bill and what was voted out of Executive is that the hundred percent was scaled back down to fifty. So, therefore, it 46 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 does nothing for the professors or the other employees of the universities. What the amendment added to the people who get this fifty-percent tuition break are the people who work for the State University Retirement System. Now, with all due respect to the sponsor, the State University Retirement System and their employees have really nothing to do with teaching or the profession or anything to do with the university. They get paid just like the people who work for the State Employees' Retirement System, the people who work at the -- Teachers' Retirement System. There is no nexus between that job and getting fifty-percent waiver off tuition. If we're going to do it for the SURS, we should do it for SERS and TRS. I -- I still don't understand the nexus, and that's why we voted No in committee. So if it went back to the original thing, where we were going to help professors, and the idea would be to keep professors who are good professors here in Illinois - we can't give 'em more money because of budgetary restraints, but we would help their families, sort of a perk, and keep them here - if we're not going to do that, and all this bill does is give the University Retirement System, people who have nothing to do with the university - they just work in -- in the retirement system - if all we're going to do is give them fifty-percent free tuition, then I think that's a bad idea. And I would be urging No.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Welch.
I've got a question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Welch.
Senator, what percentage of professors throughout the -- the universities would be able to take advantage of this? How many of 47 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 these professors have kids who are in college? What percent?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
I can't answer exactly, but, first of all, they have to be an employee for seven years. Also, it includes carpenters, plumbers, truck drivers, all employees at the nine universities throughout the State. It's not just for professors; it's for all university employees that have been employees for seven years.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Weaver, to close.
I think that this is a fringe benefit that's beneficial to keeping faculty, staff, carpenters, plumbers, truck drivers. It's a benefit to their children. It's not just pertains to the academic staff. So I'd appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 901 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 27 Ayes, 10 Nays, 15 voting Present. And House Bill 901, having failed to receive the constitutional requirement, is hereby declared failed. House Bill 904. Senator Peterson. Madam Secretary, read the bill.
House Bill 904. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson.
48 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Thank you, Mr. President. House Bill 904 is an initiative of the Illinois Municipal League, and it only applies to non-home rule municipalities. Under current law, it is silent on the issue of municipalities having the power to acquire any real estate, personal property, in or outside of its jurisdiction, by gift, legacy or grant. House Bill 904 allows every municipality to be able to acquire property if it is given by the gift, legacy or grant. Such property may be within or outside the boundaries of the municipality. I know of no opposition. I ask for your affirmative vote on House Bill 904.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 904 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, no Nays, none voting Present. And House Bill 904, having received the required constitutional majority, is hereby declared passed. House Bill 915. Senator Dillard. Madam Secretary, read the bill, please.
House Bill 915. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill is designed to educate voters of a proposition that would be on a ballot dealing with taxes of downstate forest preserve districts. This is not a tax increase of any kind, but it changes and adds something that I think is an excellent idea to educate voters when they go in on a referendum question. And it 49 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 says that the ballot must have printed on it, but is not part of the actual proposition, the following: the approximate impact of the proposed increase on the owner of a single-family home having a market value of whatever that amount would be in the first year that this tax increase might go into effect; also on the ballot, they have to print, when was the last time the tax rate was increased for this purpose and what the tax rate is. And I think this is an excellent change that lets voters -- lets voters have an -- or, an idea of what an increase might be. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Larry -- Larry Walsh.
Thank you, Mr. President. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Walsh.
Senator Dillard, in -- in committee, we discussed this quite thoroughly, and a couple of the issues that were brought up was that it's a possibility that this could be used as a -- let's say a -- cheerleading for the referendum, even though I know that the intent -- the intent of the bill is to provide the voter with pertinent information of exactly what the referendum will do to their tax rate. Is that correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
I think it's pretty limited, and I don't think there will be anything but a pretty straightforward submission to let voters know when was the last time it was increased and how much it will impact their tax bill. And I don't think that this is going to be the equivalent of the Secretary of State's __________ Blue Book on 50 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 constitutional types of questions that are before us.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Burzynski.
Thank you. I was looking at our analysis, Senator Dillard, and I was trying to figure out. This -- this does not allow for a front-door referendum if they want to increase their taxes. Strictly, it specifies what is said on the ballot if it goes to a backdoor referendum.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
This would apply either to a -- whatever the current law is today, to a front-door or a backdoor referendum. It's merely to educate the voters to give 'em a more informed idea of what the impact would be on their single-family home.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further -- Senator Burzynski.
So -- so, does it expand the taxing authority?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
Not a bit. The only thing that it expands is the voters' idea of what the actual dollar impact would be on them.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not -- Senator Parker.
51 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Parker.
Okay. Senator, I'm a little -- can you clarify again, because I had the same concern as Senator Burzynski. In our analysis here, it says that it allows the forest preserve district to increase its tax levy by submitting the question to the voters of the district. So -- and is that by backdoor... So, is this allowing them, then, to do that, or can they already do that?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
They can already do that. If you look at the bill, not the staff analysis, this has nothing to do with tax increases. It's not an increase in authorization. This is a voter education idea to put on the -- on the ballot what your impact's going to be, and I think that's a good thing. It also tells you what the rate is and when the last time this entity, your local forest preserve district in downstate, ever asked you for an increase in this particular line. This is a good pro-taxpayer bill, and it has nothing to do with changing the forest preserve's ability to raise more taxes that's not already on the books today.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator O'Malley.
Thank you, Mr. President. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator O'Malley.
Senator Dillard, just -- I've heard this discussion, too, and I just want to make it crystal clear for everybody, so I'm just 52 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 going to ask this question: Does this permit an authorized backdoor referendum authority that is not already in existence in the law?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
No.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Malley.
Thanks for the explanation.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Dillard, to close.
Again, this is a very good pro-taxpayer protection amendment. It has nothing to do with giving forest preserve districts the power to increase any kind of new taxes whatsoever. And it -- it's a positive thing, and there's no tax increase at all involved in this. I'd appreciate a favorable vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall -- shall House Bill 915 pass. All those in favor will vote Aye. Opposed, 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 44 Ayes, 5 Nays and 5 voting Present. And House Bill 915, having received the required constitutional majority, is hereby declared passed. House Bill 921. Senator Noland. Madam Secretary, read the bill, please.
House Bill 921. (Secretary reads title of bill) 3rd Reading of the bill. 53 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Noland.
Thank you, Mr. President. House Bill 921 extends the sunset date of the Interior Design Profession Title Act. There were extensive negotiations in the House. All parties are now in agreement. I appreciate your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 921 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. And House Bill 921, having received the required constitutional majority, is hereby declared passed. House Bill 1001. Senator Thomas Walsh. Madam Secretary, read the bill, please.
House Bill 1001. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
Thank you, Mr. President, Members of the Senate. House Bill 1001 would allow a beer distributor to file a required form with the Liquor Commission if the same form is not submitted by the manufacturer as required. Right now, the manufacturers are supposed to file a form of every label that they sell. If this label has not been filed, the beer distributor can do that and sell the same label.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House 54 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Bill 1001 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 voting Present. And House Bill 1001, having received the required constitutional majority, is hereby declared passed. House Bill 1011. Senator Shadid. Out of the record. Bottom of page 12, in the Order of House Bills 3rd Reading, is House Bill 1040. Senator Robert Madigan. Oh, I beg your pardon. Senator Jacobs. I'm not used to looking at that side of the aisle. Madam Secretary, read the bill.
House Bill 1040. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.
Thank you, Mr. President, and I -- I really consider that an honor, to be compared with Senator Madigan. It really is a -- an honor for me. Senate -- House Bill 1040 is similar to Senate Bill 452, which we passed out of here unanimously. It permits an HMO, under certain circumstances, to underwrite a nominal amount of self-referral point-of-service business risks under its HMO license. I know of no opposition and ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1040 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 -- 55 Ayes, 1 Nay, none voting Present. And House Bill 1040, having received the required 55 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 constitutional majority, is hereby declared passed. Top of page 13, in the Order of House Bills 3rd Reading, is House Bill 1048. Senator del Valle. Madam Secretary, read the bill, please.
House Bill 1048. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. House Bill 1048 creates a centralized job bank for teacher vacancies in Illinois at the State Board of Education. It's for the purpose of making sure that people have access, through the Internet, to job information.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1048 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 1 Nay, none voting Present. And House Bill 1048, having received the required constitutional majority, is hereby declared passed. House Bill 1060. Senator Geo-Karis. Madam Secretary, read the bill, please.
House Bill 1060. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Karis.
Mr. President, Ladies and Gentlemen of the Senate, this bill simply deletes the provision that a husband and wife be expressly 56 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 identified, quote, "not as joint tenants or tenants in common", end of quote. Already it's in the bill that -- it provides for tenancy by the entirety. This only applies to husband and wife. Tenancy by the entirety is strictly for husband and wife, and there was a federal case that said -- unless you put all this other garbage in, it wasn't tenancy by the entirety. And this simplifies it, and ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1060 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 House Bill 1060, having received the required constitutional majority, is hereby declared passed. House Bill 1069. Senator Watson. Madam Secretary, read the bill, please.
House Bill 1069. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Yes. Thank you very much, Mr. President. This deals with Fairmount Racetrack, which is located in Madison County. And you may recall, several years ago, we passed legislation that sent money to the racetrack to be used for purses for both the harness meet and the thoroughbred meet. A business decision -- and everything was fine. Everything was fine. The purses went up. The quality of races went up. People came to the track. The whole idea was to try to keep Fairmount Track open and keep it viable for the future. So -- but a decision was made by -- a business 57 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 decision, by Fairmount, to eliminate harness racing. So all -- now all monies that are going to the track were used for purses for the thoroughbred racing industry, in which they use an expanded meet at Fairmount, and it was -- it's going quite well, actually, but they froze out the harness race people, those people -- the standardbreds. We didn't support that in our area. We -- we asked the track not to do that, but that was a business decision that they made and not much we can do about that. I'm not in the business of trying to tell them what to do, that government shouldn't be telling the track what -- how they should operate their business. But we weren't supportive. But, anyway, it happened. So the harness race industry sued the track and now we have litigation going on on whose money is actually being impacted here. Our intention, at the time that we passed the bill in 1995, was to protect Fairmount Racetrack, keep it open, keep people employed and raise the viability of its future. So now we're before you to try to resolve the issue of how we divide the money that's being allocated for purses at Fairmount. And the bill that came over from the House allocated nothing to the harness race industry - nothing. We amended it. The amendment now becomes the law {sic} and we take twenty percent, which is about five hundred and forty thousand dollars, we take twenty percent of that money and now allocate it, under this amendment, to the county fairs. Most of the people who raced at Fairmount Racetrack in the harness and standardbred meet are people who race at county fairs. So we're trying to boost the purses at county fairs, and this would do that by about seventy percent. We also amended the legislation yesterday to try to tell the Racing Board to make sure that they allocate a minimum of one hundred live racing days at Fairmount Racetrack. Obviously, we want to maintain live racing at Fairmount so that the jobs and all that's associated with that will continue, and we want the Racing Board to understand that we 58 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 think that it's imperative that at least a hundred racing days be granted to Fairmount. That's what that amendment did. There was some wiggle room there for the Racing Board they asked for. But that's basically what yesterday's amendment did. Also, we made the twenty percent -- the split is forever. It's not something that is only for two or three years, which was originally debated, but it's forever. So we've given the standardbred people some of the revenue. It's not what they want. Let me -- don't -- don't let me mislead you. The harness race industry has other intentions for that money, but if we take additional funds from the track, we will -- we will have an impact, obviously, on the current meet that's going on, and future meets, and that would be the thoroughbred industry meet that's happening. So this legislation is trying to resolve that issue, and I'd be glad to answer any questions, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Demuzio.
Well, this is a complicated question, and obviously it's one where there are a number of opponents to this particular piece of legislation, particularly in -- in the rural areas. As I understand it, and correct me if I'm wrong or try to take me through this, on -- on the 9th of January of this year, a judge in Madison County reallocated the 2.7 million at Fairmount between the thoroughbreds and the standardbred horses. And when Fairmount stopped running the horses because it was -- unprofitable, they -- they claim, then the -- the Harness Horsemen's Association sued Fairmount to keep the monies that were being bet during the time slots that they were allocated under the law. And the trial judge agreed with the Harness Association and required seventy-six percent of the monies and twenty-four percent of the -- of the monies to go to the thoroughbreds -- seventy-six percent to the 59 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Harness Association and twenty-six percent -- twenty-four percent to the thoroughbreds. Then the court ordered the Department of Agriculture to distribute seventy-six percent received from the standardbreds' purse money to two State fairs, the county fairs to provide harness racing. At that point, apparently, there was a -- an appeal. The Fairmount Park and -- and the Thoroughbred Association appealed the decision to the trial courts -- to the trial court. What happened under the appeal?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
We understand that the judge, at that level, stayed the whole process, pending action of the General Assembly.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.
So we here are asked to be the individuals who have to remedy this -- this decision. Under your bill then, we would revert back, as I understand it, to the formula that provides eighty percent of the purse to go to the standardbreds {sic} and twenty percent to the Harness Association, is that correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
I'm sorry. It's eighty percent -- it's the other way around.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Well, what we do -- what we're doing is eighty percent of that purse money now would -- would remain at the track to go for whatever racing is going on at the track. It could be standardbred. At some point in the future, the harness people may 60 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 be the -- the race of choice at Fairmount. So it could ultimately be going to them. But we're saying, yes, eighty percent of the money will stay at the track. Twenty percent of the money will go into a fund that will enhance county fair purses.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.
Well, I -- I have no intentions of attempting to harm the track in any way, but it just seems to me that this is the only track that we are doing this for throughout the State of Illinois, and that is Fairmount. And again, I have some sensitivity to that, but I guess -- well, let me ask this question -- two questions. Is this the only track in Illinois that we are doing this for? And secondly, is there a mandate now in the bill that mandates the Racing Board to give Fairmount a hundred live racing dates for -- for the harness -- harness racing?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Guess the answer to the first question is yes, this is -- Fairmount is the only track we're doing this for because of the uniqueness of the law that passed in '95. And the next answer is, we're not mandating the Racing Board to give them a hundred days, but with strong encouragement, without mandating it. We think that they have to have at least a hundred days of live racing in order to maintain the track's full-time employment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.
Well, is -- is -- is Fairmount prepared to ask the Racing Board for those dates?
PRESIDING OFFICER: (SENATOR DUDYCZ) 61 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Senator Watson.
Actually, the -- the track will have to ask for a hundred and fifty days because it's the number of days in which they raced in the year 2000. And so the track will have to ask for a hundred and fifty days. The Racing Board will have the ability to say a hundred or more, or under certain conditions, even less. But we strongly encourage them to maintain live racing at Fairmount. That's our whole issue here.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.
I had thought of something else, but I'm not going to say that. It just seems to me that the individuals who have talked to me, and there have been a number of harness owners that have been out there, are indicating that this was unfair, and I would have to rise in opposition to your bill. But, again, I have some sympathy as to what is taking place with the track, so I'm just voting the -- my constituency.
PRESIDING OFFICER: (SENATOR DONAHUE) Further questions? Senator Clayborne.
Thank you, Madam President. I rise in support of this bill. Obviously, Fairmount is a very important and viable business that employs many people out of -- many of my constituents and provides a -- a needed source of employment in our area. And, obviously, the decision that Fairmount made to -- to stop racing harness -- having harness racing was a business decision, and obviously there was -- it was one in which they were entitled to make. However, as Senator Watson said, in 1995, we passed legislation in this Body to -- with the intention to keep that money at Fairmount to keep it viable because of the other competitive businesses that 62 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 are in the area. And as a result, they make a business decision this year, which I don't think should prevent them from being viable. So I -- I support the eighty/twenty split, and more importantly, I support those people who work at Fairmont City and I ask that you support them as well by voting in favor of this -- this bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Myers.
...you, Madam President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) He indicates he'll yield, Senator Myers.
My understanding of the 1995 agreement was that the -- we -- there was to be a support of both industries, both the thoroughbred industry and the standardbred industry. Both are very important to the agricultural community in this State. I have a lot of standardbred horse owners and breeders, trainers, in my area, and I think that the way the -- the agreement was, was that the standardbreds would receive the night money and the day money would go to the thoroughbred owners. This way there was a split of the monies coming in and it would allow both of these industry, both standardbred and thoroughbred, to survive in Illinois. And I wondered why all of a sudden we're going in an opposite direction from that agreement in 1995, which this bill seems to do.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
Well, I guess the agreement of '95 and the intent of '95, in this -- in my judgment, is different. My -- my intention in 1995 - and I was very active and involved in this legislation - was to maintain the viability of the track and keep it open and -- 'cause 63 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 it was -- threatened to close. The means by which we got the money to the track in order to make it available for the purses, which obviously helps both groups, was the mechanism by which that got that done. It maintained the viability. Both industries were happy. The track then makes a decision, a business decision, that we're not going to race harness racing anymore at Fairmount and open the meet for the thoroughbred industry. I am not sure that's a decision that we can have an impact on. I -- I don't think we can go in and tell people at Fairmount Racetrack, the owners of that track, what they should or shouldn't do. We didn't support that decision. Obviously we had meetings with them, and Senator Clayborne mentioned that. We -- we tried to maintain Fairmount and the harness racing industry as a partner. That didn't work. So we're now here as a result of the litigation that's going on and I think it's a decision that the General Assembly has to make as to how we're going to allocate those funds. My intention is for the track's future. I'm sorry, what's happening to the standardbred industry there. We -- when the bill came over from the House, it had nothing, nothing for standardbred industry in it. We've taken at least twenty percent of the money that's being made available, five hundred and forty thousand dollars, and putting that into the -- the county fair purse money, which is a seventy percent increase over what they've been getting. So, it should help the industry, but they're not happy about it.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Myers.
I wondered if in this particular year, this year that we're in right now, is there money in this -- this bill for the county fairs?
PRESIDING OFFICER: (SENATOR DONAHUE) 64 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Senator Watson.
That's a very good question, and I didn't bring this up 'cause I didn't want to confuse the issue anymore than maybe somebody -- some of you might be already confused. But there's been a escrow account established that money has been going into, and it should generate around seven hundred thousand dollars for this year's -- this year's purses at county fairs, because it's a onetime allocation. This is, again, not in the law that -- or, the bill that came over from the House. This is something we've been trying to work with the harness race industry to say that this one particular year, there'll be a bigger bubble, there'll be a bigger purse - double, practically, what they're getting now. So -- but it's just for this one year and it's because of the escrow account that was established.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Myers.
My concern is for the standardbred industry and -- and the people who support the county fairs, which are those gentlemen and ladies who raise the standardbreds and go to the county fairs and help attract people -- crowds to the county fairs. And -- and that is my concern, yet I do understand your issue, too. So I wanted you to know that although I sympathize, I'm worried about my little ten county fairs that I have, some of which do attract visitors to the fair and, therefore, monies to support the fairs by the racing that goes on there.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Molaro.
Thank you, Madam President. Hopefully this will take a minute or two, 'cause -- even though Senator Watson said that it's -- our 65 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 horse racing industry in the legislation is done a little bit convoluted. But if we could just talk about '95 again, so this way we'll understand. I want everybody in this Body to understand this. This isn't a gambling bill or a gaming bill. It's not even a horse racing bill, for that matter. Basically, what happened, in 1995, there was an agreement between the northern tracks and -- and the southern tracks - and at this time, it's only Fairmount Park - with the OTBs and the inter-track gambling. Here's what the agreement was in '95, and this may answer your question, Senator Myers. They said if we're going to have racing in Illinois, for Fairmount to survive and for the northern tracks, if the money is bet and generated, the pari-mutuel handle, from southern Illinois, Madison County and their OTBs, that money generated from Madison County and their OTBs would stay in Madison County. The money that's generated by the northern tracks and all their OTBs stay in the Chicago area. That was the agreement. That the purse money -- these -- now remember, these are horse -- horsemen's money. This isn't the track's money. So this 2.4 million we're talking about is generated. That goes back in purses. So the 2.4 million generated out of Madison County and their OTBs goes to Madison County and their OTBs. That's what the law states. They also put in the law, in 1995, that any money bet after 6:30 p.m. - that's how crazy we made this law - between 6:30 p.m. and midnight goes to the harness guys racing in Fairmount Park, not the county fairs. It goes to the purses for the harness people at Fairmount Park. If it's bet during the day in Madison County and down south, it stays down south and goes to the thoroughbreds that are running there and increases their purses. South money stays south. North money goes north. Now, here's what happens. They decide, in a business decision, that because only two hundred people are going to the track at night for harness racing, it doesn't make sense to run harness racing. 66 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 So a couple of years ago -- all they run is thoroughbred racing now at Fairmount Park. Between 6 p.m. and -- and midnight, the OTBs are still open, and here's this money: two million. Fairmount's holding the money. It's not their money. They have to give it to the horsemen. So does Fairmount keep it south and put it to the thoroughbred races, or do they send it north because they're no longer running south, and because of the 6 p.m. rule, do they send it up north? Well, Fairmount says, "Since it was generated by us, we want to keep our track open. We want to have better purses. We think it should go to the breed that's running, and north versus south is where it should be. It was generated down south; it should stay south." The northern harness men say, "Yeah. We understand that argument, but it also says if it's after 6 p.m., it should go to the harness" - even though they're not running. So now they go to court because Fairmount's holding money. It's not theirs. Which horsemen get it? They go to court. After a couple of hearings, a couple rulings, this judge says, "I really can't start giving it to Department of Agriculture. This is something that was unforeseen and unclear in the racing bill. Go back to the Legislature and let them clear this up." And that's what we're doing here. We're not making anything new. We're not a gambling bill. We're not making an expansion. The judge down there is looking. What do you want us to do? You have north versus south, which says I got to keep it at Fairmount, and you have day/night, which says it should go to harness, but the harness is no longer running. So what should we do? Well, everybody sat down, and Senator Watson and Representative Hoffman and the people down south have basically said, "Here's what we'll do. We got to keep this track running. We don't want to give 'em a hundred percent of the money, so what we'll do is take eighty percent, build up your thoroughbreds so we can keep everybody working, keep Fairmount there. Take twenty 67 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 percent of the money and give it to the county fairs, so in the downstate area, the harness men could still run some kind of a meet." That's the compromise they came up with. It's a good compromise. Naturally, I'm sure their people would like it to be eighty/twenty the other way. But this is the best way to keep Fairmount Park open and running and that's where this bill came from. And this judge down there is looking for clarification from us because of the competing language in the statute. I think, and this is what Senator Watson is saying - I think he's saying this - it was the intent of this legislation in '95 that the bigger premium be put on, that money generated in southern Illinois and Madison County should not go north to the northern tracks, that it shouldn't just be, "Here's your ninety thousand to the harness horsemen from up north, that it should stay at Fairmount." And that's what this bill does. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Further discussion? Senator Watson, to close.
Yes. Thank you. That was a pretty good explanation of -- of what this is all about. One thing that I do want to mention is that there's no guarantee that Fairmount is the track of the future. And the reason, of course, is the riverboats in our area have really taken a great deal, as they have the whole racing industry. The racing industry in this State, and I think in this country, is in trouble. And the reason is, is what we did with the riverboats. I agree with Senator Demuzio, Senator Myers and others who've talked to me about the impact we're having on the harness race industry. I've got an incredible constituency out there, who -- who -- who support the harness race industry. I'm not trying to hurt them. I'm actually trying to help by taking twenty percent of the money that's being allocated and putting it 68 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 into purses for county fairs. It's not enough for them. They would like more, but that's what we're trying to do. And I think that's a reasonable compromise, and I would ask for your support.
PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 1069 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 Ayes, 16 Nays, 2 voting Present. House Bill 1069, having received the required constitutional majority, is declared passed. Senator O'Malley, on House Bill 1302. Read the bill, Madam Secretary.
House Bill 1302. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley.
Thank you, Madam President. House Bill 1302 allows area agencies on aging to receive funds on a per capita basis. Be happy to answer any questions there might be.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Senator Hawkinson.
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Hawkinson.
How do they receive the funds today?
Senator, right now, it's my understanding that they are divided by service area regardless of population. 69 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
So, in our more rural areas, this is going to take money away from our area agencies on aging and send it to the more populous areas?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley.
Senator, it -- I don't know the -- specifically by -- by individual agency, but it would depend on the individual area agency. I know some of the ones downstate are much larger geographically and may have a small per capita population. So the answer to your question is, it could -- it could very well be the case. But what it does say, is it allows the money to follow to the area agencies on aging by population.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
Which population are we measuring?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley.
Senior clients serviced by a particular agency.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
Are all the area agencies on aging in support of this bill?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley.
This -- this is recommended by the Department on Aging and 70 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 supported by them. And so I assume all -- all -- all the agencies on aging that I've talked about are for it, and staff tells me that they are.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
Is there any way you can give us a breakdown on what this will do to the area agencies on aging in our area before we vote on this bill?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
Could you hold this until we get that kind of explanation?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley.
Senator Hawkinson, as a courtesy to your request, I will be happy to do that, 'cause I do not have the answer to the question you're asking.
PRESIDING OFFICER: (SENATOR DONAHUE) All right. Take this out of the record then. Senator Sieben, on House Bill 1697. Read the bill, Mr. {sic} Secretary.
House Bill 1697. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sieben.
Thank you, Madam President. This this legislation amends the Liquor Control Act. Would allow alcohol to be served or delivered in buildings and facilities under the control of the Department of 71 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Natural Resources. I know of no opposition and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 1697 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 50 Ayes, 2 Nays, 1 voting Present. House Bill 1697, having received the required constitutional majority, is declared passed. Senator Karpiel, on House Bill 1785. Read the bill, Madam Secretary.
House Bill 1785. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.
Thank you, Madam Chairman. This -- this bill, obviously, is about libraries. And under current law, a nonresident - that is, not a resident of a library district - may apply for a library card, but it can only be used in the library that -- from which it was issued. This bill changes that law and says that you have to -- a nonresident can apply for a library card. They must apply for it at the library that is closest to where they live. They must pay -- pay for it the same amount of money that a resident pays. And the difference being is that they can use it now -- under this bill, they can use it at any library in their library system. There are twelve, I believe, library systems in the State. And this is supported by the Illinois Library Association.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the 72 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 question is, shall House Bill 1785 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 1785, having received the required constitutional majority, is declared passed. Senator Sieben, on House Bill 1822. Read the bill, Madam Secretary.
House Bill 1822. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sieben.
Thank you, Madam President. This is an initiative of the Illinois Student Assistance Commission, and it would clarify that recipients must be honorably discharged from the service -- from service in the armed forces of the United States before receiving an Illinois Veteran's Grant. It also, with Amendment No. 1, requested by Senator Cullerton, would allow that an individual who has been given a general discharge under honorable conditions because he or she refused to be vaccinated against Anthrax due to concerns about the safety of vaccination would also be eligible for these grants. I know of no opposition and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 1822 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill -- or, 1822, having received the 73 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 required constitutional majority, is declared passed. Senator Sieben, on 1854. Read the bill, Madam Secretary.
House Bill 1854. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sieben.
Thank you, Madam President. House Bill 1854 is proposed by the Department of Natural Resources to bring nonresident permit fees into line with other states. It provides that the criteria, definitions, application process, fees, and standards of outfitting services shall be set by administrative rule. Deletes the provisions regarding permits for accredited bona fide Illinois outfitters issue by lottery. And then for purposes of legislative intent, Madam President, I need to state that nothing in Section 2.26 is intended to limit the number of nonresident archery deer permits. I know no -- of no opposition, and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 1854 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 1854, having received the required constitutional majority, is declared passed. Senator Larry Walsh, on House Bill 1883. Senator Cronin, on House Bill 1905. Read the bill, Madam Secretary.
House Bill 1905. (Secretary reads title of bill) 74 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1905 amends the Public Community College Act, requiring that the bond fund for the treasurer of the community college district is twenty-five percent of the amount of all bonds, notes, mortgages, monies and other assets. Currently that requirement is two hundred percent or one hundred percent in all districts. Ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 1905 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 1 Nay, none voting Present. House Bill 1905, having received the required constitutional majority, is declared passed. Senator Dillard, on House Bill 1908. Senator O'Malley, on House Bill 1914. Read the bill, Madam Secretary.
House Bill 1914. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley.
Thank you, Madam President. House Bill 1914 is an initiative that's brought to us - it is statewide - but it was brought to my attention by the Cook County Clerk. It's goal is to simplify the retention ballot for judges. I know that the committee Members 75 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 have seen what the retention ballot looks like today, and of course, as voters we're familiar with that in our respective counties. And I -- I would hope that they've got around and shared this information with some people, but this is a drastic improvement, in a very positive way, in simplifying the retention ballot and make it easier for people to understand it. I'd be happy to answer any questions you may have.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 1914 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 1914, having received the required constitutional majority, is declared passed. Senator Parker, do you wish to have House Bill 1942 returned to the Order of 2nd Reading for the purposes of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1942. Read the bill, Madam Secretary. Have there been any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Parker.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker, on Amendment No. 1.
Thank you, Madam President, Ladies and Gentlemen of the Senate. What this does is make the possession provision of the FOID Card consistent with the forgery statute. It's a technical amendment.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it. And 76 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Larry Walsh, on House Bill 2138. Read the bill, Madam Secretary.
House Bill 2138. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Larry Walsh.
Thank you, Madam President. House Bill 2138 amends the Illinois Underground (Utility) Facilities Damage Prevention Act to reflect three years of negotiations and consensus building. The bill replaces an ineffective decade-old civil fine process with a proven administrative penalty process used in several other states in relation to utility or excavator noncompliance. Further, the bill adds definitions that were not included in the original JULIE law of 1990. Finally, the bill clearly outlines the independence between the excavation community and the -- underground facility owners as it relates to their critical roles in utility damage prevention and excavator safety in the State of Illinois. I would answer any questions, and ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Senator Welch.
I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Walsh indicates he'll yield, Senator Welch. 77 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
Senator Walsh, does this increase telephone bill fees by any amount for the JULIE system?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Walsh.
No.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Seeing none, the question is, shall House Bill 2138 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 2138, having received the required constitutional majority, is declared passed. Senator Demuzio. Senator O'Malley, on House Bill -- or, 2380. Senator Weaver, on House Bill 2412. Read the bill, Madam Secretary.
House Bill 2412. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver.
Thank you, Madam President. House Bill 2412 would allow the sale of alcoholic beverages at the forest preserve districts in Cook County, subject to the control of the Forest Preserve District Board, and also at Memorial Stadium in Champaign during the Bears football games only, while they're renovating Soldier Field. If there's any question, I'll be happy to try to answer.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing 78 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 none, the question is, shall House Bill 2412 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 Ayes, 3 Nays, 1 voting Present. House Bill 2412, having received the required constitutional majority, is declared passed. Senator Burzynski, on House Bill 2436. Senator Noland, on House Bill 2540. Senator Noland. Read the bill, Madam Secretary.
House Bill 2540. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Noland.
Thank you, Madam President. House Bill 2540 is an initiative of the Office of Banks and Real Estate. There is federal oversight of State appraisal licensing in a -- federally related real estate transactions and they've identified some -- some conflicts with federal standards, and this bill would straighten out those conflicts and put us in -- in line with that.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2540 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 1 Nay, none voting Present. House Bill 2540, having received the required constitutional majority, is declared passed. Senator Noland, on House Bill 2554. Read the bill, Madam Secretary.
House Bill 2554. 79 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Noland.
This is an initiative of the -- the Department of Insurance. And the intent of this legislation is to standardize the interest chargeable to late payments for life, health and disability policies at nine percent.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2554 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 1 Nay, none voting Present. House Bill 2554, having received the required constitutional majority, is declared passed. Senator Sieben, on House Bill 2556. Read the bill, Madam Secretary.
House Bill 2556. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sieben.
Thank you, Madam President. This also is an initiative of the Department of Insurance. It's one of their agency bills. Amends the Illinois Insurance Code and Health Maintenance Organization Act to provide that after June 30th of 2002, at least twenty percent of the directors shall not be officers or employees of the company for which they serve as directors. It's intended to address the issue of insurance companies that have become 80 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 insolvent and have not been serving the best interests of their policyholders. Know of no opposition and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2556 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 2556, having received the required constitutional majority, is declared passed. Senator Parker, on House Bill 2865. Read the bill, Madam Secretary.
House Bill 2865. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill amends the Crime Victim(s) Compensation Act to expand benefits and better serve victims as recommended by the United States Department of Justice Office for Victims of Crime. It's also a result of recommendations made from members of the Violent Crimes Advisory Commission and representatives of the Illinois Court of Claims, and an initiative of the Attorney General. What this does is amend the statute to include compensable expenses as of locks, windows, crime scene clean-up. It allows for the statute to include stalking and aggravated stalking as statutorily defined violent crimes. It also allows counseling for those victims to violence as compensable. And it also pays for funeral and burials. Particularly, this is 81 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 important for situations that have occurred, such as Navistar. I would be glad to answer any questions, and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2865 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, 1 voting Present. House Bill 2865, having received the required constitutional majority, is declared passed. Senator Silverstein, for what purpose do you seek recognition?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.
Thank you, Miss President. In the gallery, on the Democratic side, is the Arie Crown Hebrew Day School, led by Ms. Robins, Ms. Markovic, my -- and my niece over here, Rena Bernstein. This is the school that you've been very generous in buying candy from me this week. So I wish you -- if the Senate can please welcome them.
PRESIDING OFFICER: (SENATOR DONAHUE) Will you please rise and be welcomed by the Illinois Senate? Welcome to Springfield. House Bill 2994. Senator Robert Madigan. Read the bill, Madam Secretary.
House Bill 2994. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan. 82 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001
Thank you, Madam President, Members of the Senate. House Bill 2994 is a Department of Insurance bill in response to the Gramm-Leach-Bliley Act that was passed on the federal level. States are asked and requested to bring their legislation, insofar as producer licensing, into compliance or into uniformity with -- with other states. This has been an initiative of the National Association of Insurance Commissioners and the Department of Insurance, of which the Director of Insurance has been on that panel. I know of no opposition to House Bill 2994, and would ask for its favorable consideration.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2994 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 2994, having received the required constitutional majority, is declared passed. Senator Madigan, on House Bill 3004. Out of the record. Senator Hawkinson, on House Bill 3006. Read the bill, Madam Secretary.
House Bill 3006. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
Thank you, Madam President. House Bill 3006 allows the Illinois River Coordinating Council to be involved in recommendations directly to the Governor and in financial recommendations regarding projects involving the Illinois River 83 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 and, in particular, the new Illinois River's 2020 initiative, which we're seeking federal funding for and which the entire Illinois Congressional Delegation supports. This is an initiative of Corinne Wood, our Lieutenant Governor, as well as the Illinois River Coordinating Council. I'd be happy to answer any questions. Otherwise, ask for your support.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 3006 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 3006, having received the required constitutional majority, is declared passed. Senator Sullivan, on House Bill 3033. Read the bill, Madam Secretary.
House Bill 3033. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sullivan.
Thank you, Madam President, Members of the Senate. House Bill 3033 deals with increasing death benefits for civil servants like our policemen and firemen. It raises it from one hundred thousand dollars to one hundred eighteen thousand dollars, an eighteen-thousand-dollar increase, and puts a COLA on it. I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 3033 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who 84 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 3033, having received the required constitutional majority, is declared passed. Senator Weaver, on House Bill 3054. Read the bill, Madam Secretary.
House Bill 3054. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver.
Thank you, Madam President. 3054 authorizes the electronic filing of death certificates statewide. If there are any questions, I'll be happy to try to answer 'em.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 3054 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, 2 Nays, 1 voting Present. House Bill 3054, having received the required constitutional majority, is declared passed. Senator Munoz, on House Bill 3069. Read the bill, Madam Secretary.
House Bill 3069. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Munoz.
Thank you, Madam President, Members of the Senate. House Bill 85 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 3069 simply takes current law provision that permits the City of Chicago to request the withholding of wages for bad debts of employees of the Chicago Park District, CTA and Chicago Board of -- Education, and expands this provision in current law to include employees of Cook County and the Cook County Forest Preserve, the Metropolitan Water Reclamation District as well, and CHA. The bill also makes the provision reciprocal; that is, each of its entities I mentioned can make this request of each other. The bill came out of the committee unanimously. The bill passed the Senate previously as Senate Bill 980 with 54 Yes votes. I know of no opposition to this bill, and I'd be glad to answer any questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 3069 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 1 Nay, none voting Present. House Bill 3069, having received the required constitutional majority, is declared passed. Senator Luechtefeld, on House Bill 3085. Read the bill, Madam Secretary.
House Bill 3085. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Luechtefeld.
Thank you, Madam President and Members of the Senate. House Bill 3085 is a Department of Agriculture agency bill designed to make three clean-up changes to the Sustainable Agricultural {sic} (Agriculture) Act. The first change simply clarifies that the 86 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 role of the Sustainable Agriculture Committee is to function in an advisory capacity to the Department of Agriculture. The second change simply deletes the requirement that the Department's Sustainable Agriculture Program be maintained for a minimum of five years. And a third and final change updates the name of the Office of Research within the University of Illinois Extension Service. I know of no opposition to the bill. Would be glad to answer any questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 3085 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 3085, having received the required constitutional majority, is declared passed. Senator Sullivan, on House Bill 3125. Senator Geo-Karis, on House Bill 3131? Read the bill, Madam Secretary.
House Bill 3131. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis.
Madam President and Ladies and Gentlemen of the Senate, House Bill 3131 is a clean-up bill. It amends and repeals various Acts and eliminates portions of -- of statutes that deal with entities that no longer exist and reports that have already been completed within the Department of Human Services. And this is a -- this legislation is a DHS reorganization clean-up bill and was initiated by the Department of Human Services, and I ask for a 87 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 favorable vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 3131 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 3131, having received the required constitutional majority, is declared passed. Senator Karpiel, on House Bill 3172. Read the bill, Madam Secretary.
House Bill 3172. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.
Thank you, Madam President. Under current law, a statewide sexual assault evidence collection program exists to assist the prosecution of persons -- of -- accused of sexual assault. This program is administered by the State Police. The State Police also are required to have a program to train hospitals and personnel participating in the collection program. What this bill does is allow the nurses that do the collection of the -- the evidence of sexual assault to also be considered as experts and testify in court.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 3172 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none 88 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 voting Present. House Bill 3172, having received the required constitutional majority, is declared passed. Senator Sullivan, on House Bill 3305. Read the bill, Madam Secretary.
House Bill 3305. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sullivan.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 3305 is an initiative of the -- DCFS and it will allow them to more effectively manage the financial accounts of children who are wards of this State. Approximately, there are six thousand right now. It will put it all into one fund, but each one of those separate accounts will be identified for each child. So their money will be individually protected, but it'll be one fund instead of six thousand.
PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing none, the question is, shall House Bill 3305 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 3305, having received the required constitutional majority, is declared passed. Senator Noland, on House Bill 3332. Read the bill, Madam Secretary.
House Bill 3332. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) 89 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Senator Noland.
House Bill 3332 contains changes that the Department of Agriculture think are necessary for them to fully and fairly enforce pesticide and lawn care product regulations. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 3332 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 3332, having received the required constitutional majority, is declared passed. Senator Watson, on House Bill 3387. Read the bill, Madam Secretary.
House Bill 3387. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
Thank you, Madam President. This legislation simply allows a regional office of education to make interfund loans. If the regional office of education makes an interfund loan, then it must be -- repay that loan by the end of the fiscal year. This just gives the regional office of education some flexibility.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 3387 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no 90 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 Nays, 1 voting Present. House Bill 3387, having received the required constitutional majority, is declared passed. Senator Hawkinson, on House Bill 3584. Read the bill, Madam Secretary.
House Bill 3584. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
Thank you, Madam President. This bill amends the Illinois Municipal Code to authorize municipalities that were incorporated under a special charter, by ordinance or resolution, to opt into three provisions of the Municipal Code. One would allow them to move from their annual elections of their mayor into the same terms the rest of us have, either a two-year or a four-year term. It would have the city clerk and treasurer elected at the same time of the mayor, and would allow, in any municipality having less than a hundred thousand inhabitants, a referendum to stagger the terms of the aldermen. This comes from a municipality in my legislative district that was created by special charter, but it does apply to other similarly situated special charter municipalities in the State.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 3584 pass. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 3584, having received the required constitutional majority, is declared passed. Now, if I could have the Members' attention, we are going to have a death resolution 91 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 very shortly, so please be in your seats and give us a chance to finish up a little bit of paperwork. Consent Calendar. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those that were read in today will be added to the Consent Calendar. Mr. Secretary, have there been -- any objections filed?
No objections have been filed, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion carries. And the resolutions are adopted. Resolutions.
Senate Joint Resolution 31, offered by Senator Weaver. (Secretary reads SJR No. 31)
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 31. Those in favor will say Aye. Opposed, Nay. The Ayes have it. And the rules are suspended. Senator Weaver now moves the adoption of Senate Joint Resolution 31. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Now, will the Members please be in their seats? Will the staff please retire to the gallery, and will the doormen please secure the doors? Senator Geo-Karis moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Resolution 133. Those in favor, say Aye. Opposed, Nay. And the Ayes have it. Mr. Secretary, read the resolution.
Senate Resolution 133, offered by Senators Geo-Karis, Philip and Emil Jones, and all Members. 92 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 (Secretary reads SR No. 133)
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis.
Madam President and Ladies and Gentlemen of the Senate, I knew Bill Stratton for many years. As a matter of fact, when he first ran for office in -- for Governor, I believe it was, I gave my first contribution - political contribution. His best friend was Andrew Fasseas - F-A-S-S-E-A-S - and -- who pledged his whole company to help Bill Stratton. And Bill wasn't given much of a chance, but he did win the gubernatorial race. He was a very kind and caring man. He had appointed the late Louis Faletti as an arbitrator from LaSalle, Illinois. Louis Faletti, in whose arbitration court I had done business as a lawyer, told me that Bill Stratton said to him, "If you ever have a doubt, give it to the working man." Bill Stratton was well-loved. He was born in Ingleside, in Lake County, Illinois. Part of Ingleside is represented by me and part of it is represented by Senator Bill Peterson. But he was a man who was well-known for being fair, and he cared about people of all races, colors and creeds. And he was a man who was well-respected and well-loved by all of us who knew him. I'm just so sorry that he's gone, because to the end, Bill Stratton had a terrifically keen mind and was a mentor to many people. I certainly extend my condolences to his wife and family. And there will never be another man who will be as well-liked, and in certain aspects of being able to smile no matter who it was who saw him and say hello. He was well-liked, as I said, and well-received, not only in this country, but other countries. And let me tell you that he will never be forgotten by those of us who knew him and loved him.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis moves the adoption of Senate Resolution 133. 93 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day May 3, 2001 All those in favor with this resolution, please rise. Senate stands adjourned. 94