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 Reverend Kevin Franklin, First Congressional {sic} (Congregational) Church of Christ, Springfield, Illinois. Reverend Franklin.
(Prayer by the Reverend Kevin Franklin)
Please remain standing for the Pledge of Allegiance. Senator Radogno.
(Pledge of Allegiance, led by Senator Radogno)
Reading of the Journal.
Senate Journals of Wednesday, November 7th, 2001, and Tuesday, November 13th, 2001.
Senator Jones.
Mr. President, I move that the Journals just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
Senator Jones moves to approve the Journals just read. There being no objection, so ordered. Senator Geo-Karis, for what purpose do you rise?
Mr. President, on a point of personal privilege.
1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 State your point.
Up in the gallery, to my right, are seated our first woman County Board Chairman of Lake County, Suzi Schmidt, my constituent, from Lake Villa Township, and her delightful mother, from Oak Brook, Mrs. Lou Reyes - R-E-Y-E-S. And I believe she's a constituent of Senator Tom Walsh. And I'd like us all to give them a warm welcome while they're here.
Will they please rise and be acknowledged by the Senate? Senator Walsh, for what purpose do you rise?
Thank you, Mr. President. With leave of the Body, I move, pursuant to Senate Rule 5-1, to change the Senate sponsorship of Senate Bill 1251 to Senator Tom Walsh, from Senator Robert Madigan.
Any discussion? If not, all those in favor, say -- signify by saying Aye. Those opposed, Nay. The Ayes have it. So ordered. Committee Reports.
Senator Hawkinson, Chair of the Committee on Judiciary, reports House Bill 2299 Do Pass, as Amended. Senator Klemm, Chair of the Committee on Executive, reports House Bill 934 Do Pass; and House Bills 1829, 2619 and 2729 Do Pass, as Amended; Senate Amendment 1 to Senate Bill 1269 Be Adopted.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Introduction of Bills.
Senate Bill 1530, offered by Senator Shadid. (Secretary reads title of bill) 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 And Senate Bill 1531, by Senator Shadid. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR GEO-KARIS) House Bills 1st Reading.
House Bill 2626, (Secretary reads title of bill) is offered by Senator Madigan. 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Luechtefeld, what purpose do you rise, sir?
For the purpose of information. I would like to announce, if I could have the attention of the Senate, that the Southern -- Southern Illinois University School of Medicine will have a Legislative Health Fair tomorrow, the 15th, from 8 to 12, on the South Wing, 2nd Floor of the Capitol. That's tomorrow, 8 to 12. Thank you.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Resolutions.
Senate Resolutions 237 through 248, all offered by Senator Lauzen and all Members. And they're all death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Consent Calendar.
Senate Resolution 249, offered by Senator del Valle. It's substantive.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Bowles, for what purpose do you rise? 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001
I rise for a point of personal privilege, Madam Chairman.
PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, ma'am.
I would like to introduce the gentleman who is in the gallery behind the Chairman's -- in the gallery there, that's a State's Attorney: Mr. Haine, from Madison County. Mr. William Haine.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Will you rise, Mr. Haine? Welcome to the Senate. Senator Parker, what purpose do you rise?
For a point of personal privilege.
PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, ma'am.
Thank you, Madam President. I have constituents who are up in the balcony, Sima Browne, of Glenview, and Maribeth Browne. And then, also here on the Floor with me, I have two Pages, Ryan Browne and Brittany Bartels. Please welcome them.
PRESIDING OFFICER: (SENATOR GEO-KARIS) We welcome you all here to the Senate. Resolutions.
Senate Resolutions 250, 251, 252 and 253 are all offered by Senator Demuzio. And they're all death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Consent Calendar. Introduction of Bills.
Senate Bill 1532, offered by Senator Woolard. (Secretary reads title of bill) 1st Reading of the bill. 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Larry Walsh.
Point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, sir.
Madam President, Members of the Senate, I would like to introduce a couple individuals from Will County that are in the President's Gallery behind you. Our Will County Executive, Joe Mikan, and his legal assistant, Bruce Friefeld, is here today in Springfield. I'd like to have a warm welcome for 'em, from the Senate.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Visitors rise, and welcome to Springfield and to the Senate. Ladies and Gentlemen of the Senate, we will now proceed to Executive Session for the purpose of advise and consent. Senator Petka. Senator Petka will make the motion.
Thank you, Madam President. I move that the Senate resolve itself into Executive Session for the purpose of acting on the Governor's appointments set forth in his Message of November 7th, 2001, and the Comptroller's appointment set forth in his Message of November 2nd, 2001.
PRESIDING OFFICER: (SENATOR GEO-KARIS) You've heard the motion. All in favor, say Aye. All opposed, say Nay. In the opinion of the Chair, the motion carries, and we are in Executive Session. Mr. Secretary, Committee Reports.
Senator Petka, Co-Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of November 7th, 2001, reported the same back with the 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 recommendation the Senate advise and consent to the following appointments.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka.
Thank you again, Madam President. With respect to the Message of November 7th, 2001, I will read first the salaried appointments of which the Senate Committee on Executive Appointments recommends that the Senate do advise and consent: To be Director of the Environmental Protection Agency for a term ending January 20th, 2003: Renee Cipriano of Chicago. To be members of the Illinois State Toll Highway Authority for terms ending May 1st, 2003: Julie McKevitt of Barrington Hills, George Pradel of Naperville. James J. Banks of Oak Park, Carl J. Kramp of Downers Grove, Kathy Selcke of Hinsdale - those are to be members of the Illinois State Toll Highway Authority for terms ending May 1st, 2005. The last three. To be a member of the Illinois Industrial Commission for a term ending January 7 {sic} (17), 2005: Robert A. Madigan of Lincoln. To be a member and chairman of the Pollution Control Board for a term ending July 1st, 2004: Claire Manning of Williamsville. To be members of the Pollution Control Board for terms ending July 1st, 2004: Thomas E. Johnson of Urbana, Michael Tristano of Glenview. To be a member of the Prisoner Review Board for a term ending January 15, 2007: James R. Donahue of Pekin. Madam President, having read the salaried appointments from the Governor's Message of November 7, 2001, I now seek leave to consider those appointments of November 7, 2001, on a roll call. Madam President, will you please put that question as required by 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 our rules?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Hearing none, the question is, does the Senate advise and consent to the nominations just made? Those in favor, vote Aye. Those opposed, vote Nay. And the voting is open. Have all voted who wished? Have all voted who wish? Have all voted who wished? Take the record. On that question, there are 57 Ayes, 1 not voting {sic} (Nay), none Present. And the majority of Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Petka. Just a moment, Senator Petka. Could we have a little more quiet, Ladies and Gentlemen of the Senate? Thank you. Senator Petka.
Madam -- thank you, Madam President. With respect to the Message of November 7, 2001, I will read the non-salaried appointments of which the Senate Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Bi-State Development Agency for a term ending January 17, 2005: Paul A. Whelan of Belleville. To be a member of the Bi-State Development Agency for a term ending January 16th, 2006: Michael Fausz of Maeystown. To be members of the Chicago State University Board of Trustees for terms ending January 15, 2007: Peggy Montes of Chicago and James Reynolds of Chicago. To be a member of the Historic Preservation Agency Board of Trustees for a term ending January 20th, 2003: Zale Glauberman of Springfield. To be a member of the Northern Illinois University Board of Trustees for a term ending January 17, 2005: Catherine Adduci of River Forest. To be a member of the Western Illinois University Board of 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 Trustees for a term ending January 17, 2005: Theodore J. Brunsvold of Milan. To be a member of the Capital Development Board for a term ending January 19, 2004: Shirley J. Anderson of Springfield. To be a member of the Carnival-Amusement Safety Board for a term ending January 17, 2004: Lee A. Sullivan of Jacksonville. To be members of the Carnival-Amusement Safety Board for terms ending January 17, 2005: Nicholas Dispensa of Bolingbrook, Deborah Pusey of Peoria, Darrell Sitarz of Wheaton. To be members of the Central Midwest Interstate Low-Level Radioactive Waste Commission for terms ending January 20 of 2003: Thomas Ortciger of Leland Grove, Michael Rapps of Springfield. To be a member of the Children and Family Services Advisory Council for a term ending January 20th, 2003: Abdul Basit of Matteson. To be members of the Department of Labor Advisory Board for terms ending January 20th, 2003: James W. Compton of Chicago, Terry Fairclough of Springfield, Colleen McShane of Oak Park, Levi Moore of Chicago, William Nolan of Chicago, Thomas J. Walter of Naperville. To be a member and chairman of the East St. Louis Financial Advisory Authority for a term ending August 30th, 2004: James "Tod" Miles of Chicago. To be a member of the East St. Louis Financial Advisory Authority for a term ending August 30th, 2004: Katie Harper Wright of East St. Louis. To be members of the Employment Security Advisory Board for terms ending January 20th, 2003: Thomas Caliper of Marion, Max Downham of Inverness, J. Paul Oddo of Mt. Prospect. To be a member of the Health Facilities Planning Board for a term ending June 30th, 2002: Orlando Jones of Chicago. To be members of the Illinois Economic Development Board for 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 terms ending November 1st, 2002: Glen Barton of Peoria, Hans Becherer of Moline, Sue Gin of Chicago, Ross Glickman of Chicago, Merlin Karlock of Bourbonnais, John Miller of Winnetka, Diane Oberhelman of Edwards, Margarita Perez of -- of Park Ridge, James Reynolds of Chicago, Christine Roche of Wheaton, William Schneider of Lake Zurich, Courtney Shea of Chicago, Bohdan Watral of Park Ridge, Jill York of Springerton. To be members of the Illinois Gaming Board for a term ending July 1st, 2002: Tobias G. Barry of Ladd. To be members of the Illinois Gaming Board for terms ending July 1, 2004: Elzie Higginbottom of Chicago, Robert A. Mariano of Lake Forest. To be a member of the Illinois Health Facilities Authority for a term ending June 30th, 2007: Jeff Holden of Glen Ellyn. To be a member of the Illinois Human Resource Investment Council/Workforce/Investment Board for terms ending July 1st, 2003: Sridhar Balakrishnan of Flossmoor, Terrance Hoyland of Washington, Frank Rausa of Sterling, Edward Schwarze of Chillicothe and J. Richard Spohr of Carlinville. To be a member of the Illinois Sports Facilities Authority for a term ending June 30th, 2002: Joan Etten of Park Ridge. To be a member of the Illinois Sports Facility Authority for a term ending June 30th, 2004: John T. McCarthy of Evergreen Park. To be a member of the Illinois State Museum Board for a term ending January 15, 2003: Caren C. Trudeau of Springfield. To be a member of the Joliet Regional Port District Board for a term ending June 1st, 2007: George Michas of Joliet. To be members of the Kaskaskia Regional Port District Board for terms ending June 30th, 2002: Charles Bauer of Smithton, Robert Keller of Waterloo, Robert Myerscough of Evansville, Nancy Schilling of Evansville, James Wesbecher of Evansville. To be members of the Kaskaskia Regional Port District Board 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 for terms ending January {sic} (June) 30th, 2003: Shawn Behnken of Modoc, Edwin Cockrell of New Athens, Virgil Gregson of Hecker, George Obernagel III of Waterloo, Norman Rieso of Freeburg, Verlyn Smith of Waterloo. To be members of the Kaskaskia Regional Port District Board for terms ending June 30th, 2004: Terry Liefer of Red Bud, Leo Pautler of Evansville, Roger Rubemeyer of Freeburg. To be a member of the Medical Licensing Board for a term ending January 1st, 2004: Bennett -- Bennett Leventhal of Chicago. To be a member of the Metropolitan Pier and Exposition Authority for a term ending June 1st, 2006: John Ruel of Chicago. To be Public Administrator and Guardian of Bureau County for a term ending December 3rd, 2001: Beth Welbers of Spring Valley. To be Public Administrator and Guardian of Champaign County for a term ending December 3rd, 2001: Joseph Brown of Rantoul. To be Public Administrator and Public Guardian of Clay County, term ending December 3rd, 2001: Albert Lynn VanDyke of Louisville. To be Public Guardian of DuPage County for a term ending December 3, 2001: Robert Mork of Wheaton. To be the Public Administrator and Public Guardian of Fayette County for a term ending December 3rd, 2001: Harlan Newbold of Vandalia. To be Public Administrator and Public Guardian of Kankakee County for a term ending December 3rd, 2001: Deborah Woodruff of Bourbonnais. To be Public Administrator and Public Guardian of Randolph County for a term ending December 3rd, 2001: Patricia Ann Horrell of Red Bud. To be the Public Administrator and Public Guardian of Saline County for a term ending December 3rd, 2001: Wilbur Fowler of Eldorado. To be Public Administrator and Public Guardian of White County 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 for a term ending December 3rd, 2001: Cecil Hucker of Carmi. ...Public Administrator and Public Guardian of Bureau County for a term ending December 5th, 2005: Beth Welbers of Spring Valley. To be Public Administrator and Public Guardian of Clay County for a term ending December 5th, 2005: Albert Lynn VanDyke of Louisville. To be the Public Administrator and Public Guardian of White County for a term ending December 5th, 2005: Cecil Hucker of Carmi. To be members of the Quality Care Board for terms ending September 18, 2004: Daniel Hecht of Frankfort, Arlan McClain of Dixon. To be members of the Southwestern Illinois Development Authority for terms ending January 21st, 2002: Robert Plummer of Edwardsville. To be a member of the Southwest {sic} (Southwestern) Illinois Development Authority for a term ending January 19, 2004: Gary Graham of O'Fallon. To be a member of the Southwestern Illinois Development Authority for a term ending January 17, 2005: Robert Plummer of Edwardsville. To be chairman of the State Board of Education for a term ending April 13, 2003: Ronald Gidwitz of Chicago. To be a member of the State Board of Education for a term ending January 10, 2007: Richard Sandsmark of Belvidere. To be members of the State Rehabilitation Advisory Council for terms ending July 1st, 2002: Edward Bannister of Bolingbrook, Pam Heavens of Joliet, Ronald Malik of Tremont, Mary Rogers of Makanda, Ronald Ruskey of Springfield, John Trach of Champaign. To be a member of the State Rehabilitation Advisory Council for a term ending July 1st, 2003: Deborah Grant of Springfield. 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 To be members of the State Rehabilitation Advisory Council for a term ending July 1st, 2004: Henrietta Battle of Chicago, Myra Christian of Chicago, David Dailey of Springfield, Bang Long, Jr., of Joliet. Madam President, having read the non-salaried appointments from the Governor's Message of November 7, 2001, I now seek leave to consider the appointments of November 7, 2001 on a roll call. Madam President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Senator Welch.
Madam President, there's a motion filed with the Clerk. I would like to call that up, have it heard.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Mr. Secretary, will you read the motion, please?
Pursuant to Senate Rule 10-1(c), we request the confirmation of Ronald J. Gidwitz to be Chairman of the State Board of Education be taken on a separate roll call from those non-salaried appointments of the Governor remaining from the Governor's Message of November 7th, 2001. Filed by Senator Welch and four other Members.
PRESIDING OFFICER: (SENATOR GEO-KARIS) The motion is in order. The motion is in order. Senator Welch.
The motion is to divide the question. I'd like to vote separately on that one appointment and -- and proceed with the other non-salaried appointees and take the -- the -- the divided question separately.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 I understand. Senator Petka. Senator Petka.
Thank you, Madam President. With respect to the motion to divide the question concerning the nomination of -- of Ronald Gidwitz to be a member {sic} (chairman) of the State Board of Education for a term ending April 30th -- April 13th, 2003, on a roll call, Madam President, will you please put that question as required by our rules?
PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, does the Senate advise and consent to the nomination of -- of Ronald Gidwitz -- Ronald Gidwitz just made. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Point of clarification, Senator Cronin.
For purposes of clarification, there's a motion, I believe, to divide the question. Is that correct?
PRESIDING OFFICER: (SENATOR GEO-KARIS) This is on Ronald Gidwitz's appointment.
Is there a motion to divide the question on the -- on the Floor right now?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Pursuant to the rules that were in order, it was taken away from the others and we're voting on Ronald Gidwitz. May I -- if I may have your attention, please. Whenever a group of nominees has been submitted together, five or more Members may request the question be put and the vote separately taken upon each of the individuals in said group. We are pursuing the vote -- we did pursue the vote on the confirmation of Ron Gidwitz. Motion was not to divide the question. The motion was to act separately on Ron Gidwitz, which we did, and his name is before us now. His 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 name -- Ron Gidwitz's name is before us now. ...taking him on a separate roll call away from the other candidates. Have all voted who wished? We're voting on the nomination of Ronald Gidwitz. I said that before a few times; I'll say it once more. We're voting on the nomination of Ronald Gidwitz, as per the Rule. Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 35 voting Aye, 13 Voting Nay, 8 voting Present, 3 not voting. And this -- and on -- the majority of Senators elected concurring by record vote, the Senate does advise and consent to the nomination just made. Mr. Secretary. Senator Petka.
Madam President, having read the previous non-salaried appointments from the Governor's Message of November 7, 2001, I now seek leave to consider the appointments of November 7, 2001, on a roll call. Madam President, will you put that question as required by our rules?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Hearing none, the question is, does the Senate advise and consent to the nomination just -- nominations just made. Those in favor, vote Aye. Those 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 55 voting Aye, 1 voting Nay, 1 voting Present. And the -- the majority of Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Mr. Secretary.
Senator Petka, Co-Chair of the Committee on Executive Appointments, to which was referred the Comptroller's Message of November 2nd, 2001, reported the same back with a recommendation the Senate advise and consent to the following appointment. 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka.
Thank you, Madam President. With respect to the Comptroller's Message of November 2nd, 2001, I will read the -- the non-salaried appointment of which the Senate Committee on Executive Appointments recommends that the Senate do advise and consent: Michael Goetz, for the remainder of the unexpired term of Elizabeth Jensen, until the third Monday of -- in January, of 2006.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Hearing none, the question is, does the Senate advise and consent to the nomination just made. Those in favor, vote Aye. Those opposed will vote Nay. The voting's open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. And on that question, a majority of Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Petka. Senator Petka.
Thank you, Madam President. I move that the Senate now arise from Executive Session.
PRESIDING OFFICER: (SENATOR GEO-KARIS) You've heard the motion. Those in favor, say Aye. Those opposed, say Nay. The motion carries. Senator Bomke, for what purpose do you rise, sir?
Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, sir.
15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 We have with us today, behind you, Madam President, students from the Springfield Ball Charter School, the four upper primary classes of Ms. Baxter, Mr. Delich, Ms. Redfield and Mrs. Trieger.
PRESIDING OFFICER: (SENATOR GEO-KARIS) We welcome the students and their faculty members. Committee Reports.
Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned: Referred to the Committee on Executive - House Bill 2077 and House Bill 3162; to the Committee on Financial Institutions - House Bill 1903; to the Committee on Licensed Activities - House Bill 2535; to the Committee on Revenue - Senate Amendment 2 to Senate Bill 88; to the Committee on Transportation - the Motion to Concur with House Amendments 1 and 5 to Senate Bill 113; referred to the Order of Non-concurrence - House Bill 3188; and Be Approved for Consideration - Senate Bill 1261.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Peterson, for what purpose do you rise, sir?
Thank you, Madam President. For the purposes of an announcement. The -- the Revenue Committee will meet at 2 p.m. in Room 212. Revenue Committee, in 212, at 2 p.m.
PRESIDING OFFICER: (SENATOR GEO-KARIS) You've heard the announcement from Senator Peterson. The Revenue Committee is meeting at 2 p.m. in Room 212. We'll proceed today on page 8, in -- on motions in -- on today's Calendar on Motions in Writing to Accept Specific Recommendations for Change. Senator Cullerton. Read the motion, Madam Secretary.
I move to accept the specific recommendations of the Governor as to Senate Bill 28, in manner and form as follows: 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 Amendment to Senate Bill 28 in Acceptance of Governor's Recommendations Motion filed by Senator Cullerton.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton.
Thank you, Madam President, Members of the Senate. We passed this Senate bill dealing with endangering the life of a child. And after we passed the bill, Senator Hawkinson and I realized that there was a need for some clarification, so we sent a letter to the Governor recommending an amendatory veto. And the Governor did that, exactly as we had requested. The purpose of the bill was to establish a rebuttable presumption in the existing statute without creating a new offense. The new language in Senate Bill 28, however, did appear to create a new offense of leaving a child under the age of six unattended in a vehicle. So the penalties for the offenses outlined in the bill and the current law shall remain the same and the changes proposed will help clarify the bill and create a more appropriate criminal law. So I would ask that we accept the Governor's change.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Any discussion? Hearing none, the -- the question is the motion in writing to accept the specific recommendations for change on Senate Bill 28. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 59 voting Aye, none voting Nay. And the specific recommendations of the Governor as to Senate Bill 28, having received the required constitutional majority vote of Senators elected, are declared accepted. Senate Bill 175. Senator Madigan. Lisa Madigan. Read the motion, Madam Secretary. 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001
I move to accept the specific recommendations of the Governor as to Senate Bill 175, in manner and form as follows: Amendment to Senate Bill 175 in Acceptance of Governor's Recommendations Motion filed by Senator Madigan.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 175 passed out of here unanimously. It was a bill that would increase battery to an aggravated battery if it occurred in or near a domestic violence shelter. And we had clarified in that bill that it had to have some relation to the victim and that the person going there was the abuser. The Governor made some specific recommendations for changes to make sure that we had a better definition of what a domestic violence shelter was, and I would ask that we accept the Governor's recommendation for change.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- any discussion? Any discussion? Any discussion? Hearing none, the question is, shall the motion in writing to accept specific recommendations for change be accepted. The -- those who are in favor will vote Aye. Those opposed will vote Nay. The -- 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 58 voting Aye, none voting Nay, and none voting Present. And the specific recommendations of the Governor as to Senate Bill 175, having -- having received the required constitutional majority vote of Senators elected, and -- declared accepted. Senate Bill 647. Madam Secretary, read the motion. 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001
I move to accept the specific recommendations of the Governor as to Senate Bill 647, in manner and form as follows: Amendment to Senate Bill 647 in Acceptance of Governor's Recommendations Motion filed by Senator Cullerton.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton.
Thank you, Madam President, Members of the Senate. I would ask that we accept the Governor's amendatory veto here. This bill dealt with increasing penalties relating to the operation of aircraft and maintenance while under the influence of alcohol or -- or drugs. And we inadvertently created a conflict within the proposed penalty scheme wherein one could lead to a crew member under the influence being charged either with a Class 3 or Class 4 felony. It was confusing. The Governor corrected it, and I would ask that we accept his change.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any discussion? Any discussion? Hearing none, the question is, shall the Senate accept the specific recommendations of the Governor as to Senate Bill 647, in the manner and form just stated by Senator Cullerton. All -- all those in favor, vote Aye. All opposed will vote Nay. And the voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. The specific recommendations of the Governor as to Senate Bill 647, having received the required constitutional majority vote of Senators elected, are declared accepted. Senate Bill 1046. Read the motion, Madam Secretary.
19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 I move to accept the specific recommendations of the Governor as to Senate Bill 1046, in manner and form as follows: Amendment to Senate Bill 1046 in Acceptance of Governor's Recommendations Motion filed by Senator Cullerton.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton.
Thank -- thank you, Madam President, Members of the Senate. This bill dealt with the condominiums and the Condominium Act and condominium associations maintaining certain property insurance. The insurance industry, after the bill passed, made some recommendations to the Governor, which are really minor and technical in nature. They don't have any effect on the substance of the bill, and I move to accept it. They clarify that the new coverage requirements apply to existing policies at the time of renewal and to all new policies upon issuance or delivery. It clarifies that property insurance coverage must include increases in construction costs due to municipal code -- building code requirements. And the -- it eliminates a sixty-day notice period because the language of the Act would be consistent, then, with the cancellation provisions of the Insurance Code. Would provide a thirty-day notice period. I would ask that we accept the Governor's changes.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further -- any discussion? Any discussion? Any discussion? Hearing none, the question is, shall the Senate accept the specific recommendations of the Governor as to Senate Bill 1046, in the manner and form just stated by Senator Cullerton. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 question, there are 59 voting Aye, none voting Nay, none voting Present. And the specific recommendations of the Governor as to Senate Bill 1046, having received the required constitutional majority vote of Senators elected, are declared accepted. Ladies and Gentlemen of the Senate, we're going back to page 8, and this time to Motions in Writing to Override Total Vetoes. Senator Watson. Senate Bill 74. Read the motion, Madam Secretary.
I move that Senate Bill 74 do pass, the veto of the Governor to the contrary notwithstanding. Motion filed by Senator Watson.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson.
Yes. Thank you very much, Madam President. Senate Bill 74, as it left the Senate on a 56 to nothing vote, allowed for charitable organizations to accept vehicles, and in most cases, they would repair 'em and -- and in a lot of -- lot of times, they were just derelict cars, but they would repair 'em and then give 'em to people who needed 'em for transportation. Sort of a welfare-to-work effort that's going on with a lot of charitable organizations. The Governor vetoed the legislation and, reason was, he had some concerns about the impact this might have on the Illinois FIRST money, because what we're doing is eliminating the title charge when someone donates the car to the charitable organization. But what happens is, once the -- the car is then sold or given to another individual, then it becomes titled and, of course, the normal transfer fee would take place, which is sixty-five dollars. That's basically it. I feel that there's a lot of charitable organizations out there that are doing -- doing a good thing, and -- and this would help them in regard to some of their costs and also paperwork involved in transferring these 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 automobiles. So I'd appreciate your support.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker. Discussion.
I wanted to rise in support of this request for the override for Senate Bill 74. We heard this bill before Transportation and very carefully considered it and it passed unanimously through the committee at that time. And it certainly is a help for welfare-to-work, and it is a good opportunity for those people to donate their cars.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, Senator Watson has moved that Senate Bill 74 pass, the veto of the Governor to the contrary notwithstanding. Those in favor, vote Aye. Those -- those opposed will vote Nay, who are opposing to it. The voting's open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 53 voting Aye, 3 voting Nay, none voting Present. And this bill, having received the required three-fifths vote, is declared passed, the veto of the Governor to the contrary notwithstanding. Senate Bill 326. Senator Link. Read the motion, Madam Secretary.
I move that Senate Bill 326 do pass, the veto of the Governor to the contrary notwithstanding. Motion filed by Senator Link.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Link
Thank you, Madam President and Members of the Senate. This is a bill that has probably become more important lately than ever, and that's the education of our students with military dependence. 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 In the Governor's response to vetoing this bill, he indicated that he was going to veto this bill because it was a federal issue and not a State issue. Number one, education is primarily a -- a State responsibility, although the federal government does provide some reimbursement for the education of these children. These reimbursements are often up to four years late and inadequate. A district near -- in my -- in my Senate district, nearly ten years ago, nearly dissolved because of the inadequate funding of military aid. With the Governor's responsibility, saying that this would be a -- set a -- set a precedence {sic}, we have already set that precedent in federal Individuals for Disability {sic} (with Disabilities) Education Act that requires a free appropriate public education provided for all children with disability. Although the federal government does provide funds to assist the State, but the magnitude -- reportedly underfunded each year at a federal level. The biggest responsibility is that these kids are also causing -- with -- with the inadequate funding that we are causing on these kids, we are also putting a burden on the kids that live in the communities, with their education, and this helps throughout the entire State. There's a number of districts, Senator Watson, Senator Clayborne's, and other areas that are in desperate need of this help, and I would hope that we -- we passed this out of this Chamber 55-0 to 2, and I would hope that we would continue to pass the override. Thank you.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Any discussion? Any discussion? Hearing none, Senator Link has moved that Senate Bill 326 do pass, the veto of the Governor to the contrary notwithstanding. Those in favor, vote Aye. Those opposed will vote Nay. The voting's open. Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 50 -- 50 voting Aye, -- 8 voting Nay, none voting Present. And this bill, having received 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 the required three-fifths vote, is declared passed, the veto of the Governor to the contrary notwithstanding. Senate Bill 720. Senator Dudycz. Read the -- the motion, Madam Secretary.
I move that Senate Bill 720 do pass, the veto of the Governor to the contrary notwithstanding. Motion filed by Senator Dudycz.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Can we have -- can we have it a little quiet, please? Can we please have it a little more quiet? Senator Dudycz.
Thank you, Madam President. Last spring we passed Senate Bill 720, creating the Broadcast Industry Free Market Act. The bill prohibits TV, radio or cable stations from requiring employees or prospective employees, with two exceptions, to agree to refrain from employment in a specific geographic area for a specific period of time after they are -- terminated from employment with the said station. The two exceptions are those in management and those in sales. The Governor -- well, the -- the bill passed the Senate by a vote of 46 to 8 and the House by a vote of 110 to 3. In his Veto Message, the Governor cites three specific objections to the bill: That it is inappropriate, unenforceable, and it's retroactive. First, the Governor states that it is inappropriate for the State of Illinois to dictate to any employee or employer the negotiated terms of their employment arrangement. Well, what about the career -- the current minimum wage and overtime laws, what about fair labor standards, and what about health and safety requirements that the State -- the State is involved in? And what about the fact that Senate Bill 720 attempts to prohibit an employer's control over the career of a former employee, as well as one who is trying to get a job with a station? Second of all, the Governor, in his Veto Message, states that Senate Bill 720 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 would not be effective in meeting its goals of thorough prohibition of non-compete clauses since Illinois State law holds authority only over those agreements finalized within this State. Well, you know, Ladies and Gentlemen, I'm not a -- an attorney, but what I do know, that even out-of-state corporations with Illinois companies are subject to Illinois law and pay Illinois State taxes, including unemployment and workers' compensation insurance. And finally, the Governor states, in his Veto Message, by enacting this legislation in its present form, it would force broadcast companies to rewrite contracts that have already been negotiated and executed. Well, this bill, should it become law, will become effective on January 1st, 2002. And I, as the Senate sponsor, have also made it clear that, for legislative intent, this bill is prospective only, not to -- not intended to affect any existing contract. The Governor's logic for his opposition to Senate Bill -- for his opposition to Senate Bill 720 is flawed, and I seek the Senate to override his veto.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Any discussion? Senator Molaro.
Thank you, Madam President. Senator Dudycz, I would just like to ask a question so we can get the legislative intent. You said it eloquently, but I just want to ask the question direct. Therefore, that if someone does have an existing contract today that they signed a year and a half ago, and it does have a non-compete clause, the passing of this law would not affect an existing contract. We are just saying that after the effective date of this, those non-complete {sic} clauses then are affected. Is that correct?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dudycz.
25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 That is my understanding.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Molaro. Any further discussion? Any further discussion? Senator Stone.
Thank you, Madam President. Everybody starts sometime and this is my first time up on the Floor, so please bear with me. No? Okay. I took a hard look at this bill and I'd like to tell you why I'm in favor of overriding the Governor's veto. Recently, in the Peoria area, where I live, we had an instance where a man was a sports announcer on both the television station and on a radio station and there was no conflict of interest. However, that company then sold the radio station and they immediately said, "There's a conflict of interest; you cannot work for both." Now, what changed? Nothing changed in the times he was on the stations - either one. The thing that changed was the ownership. By the law that would prevent him from moving, we did not -- be -- could not be able to statuate {sic} that, in this instance. The station was very kind and allowed him to make his pick. But if the laws that stand says that the contract is in there, he would've had a problem, because he picked the radio station to go with; whereas, the contract was with the TV station. Also, I'd like to discuss mobility. Mobility is one of -- what I feel, is one of our freedoms, and when you look at the job that you're holding, you hope to have mobility to move on and go someplace else. Look at the Silicon Valley and dot-com people there: They moved across the street, established another dot-com organization and made a million dollars or more; whereas, we're just talking a person's income. The other point I look at is, and I don't know how many are Chicago Cub fans versus Cardinal fans, and how many are from Chicago, but Peoria has a history of great sports announcers. And if there is a preventive clause there, would Jack Brickhouse ever 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 have moved from Peoria to Chicago? With that, those are the reasonings I looked at. I just personally do not feel that a person should be limited in where he can work and what he can do, and therefore I'm voting to override. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further discussion? Hearing none, Senator Dudycz, to close.
Thank -- thank you, Madam President. Just to add one -- one point, that Senator Stone has graciously accepted and agreed to become a hyphenated cosponsor of this bill. I appreciate your support. This is not his first bill. This may be my last, but it's not his first bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator -- Senator Dudycz has moved that Senate Bill 720 do pass, the -- the veto of the Governor to the contrary notwithstanding. Those in favor, vote Aye. Those 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, 48 voting Aye, 10 voting Nay. And this bill, having received the required three-fifths vote, is declared passed, the veto of the Governor to the contrary notwithstanding. Senate Bill 1294. ...of the record. Senate Bill 1522. Out of the record. Senator Bowles, for what purpose do you rise, ma'am.
I rise for a point of personal privilege, Madam Chairman.
PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, ma'am.
I would like to introduce a group from Chestnut Health Systems in southern Madison County. They're in the gallery on the Republican side. If they would please stand. 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001
PRESIDING OFFICER: (SENATOR GEO-KARIS) Welcome to Springfield and to the Senate. Senator Sullivan, for what purpose do you rise?
For the purpose of an announcement.
PRESIDING OFFICER: (SENATOR GEO-KARIS) State your purpose, please.
Madam President, Ladies and Gentlemen of the Senate, the Senate Telecommunications Rewrite Committee will meet in Room 400 immediately upon adjournment. Room 400.
PRESIDING OFFICER: (SENATOR GEO-KARIS) We are not done yet, as you know. We -- we're -- please go to page 2. We're going to Senate Bills 3rd Reading and we're going to start with Senate Bill 1269 for purposes of recall. Senator Luechtefeld. Read the motion -- Senator Luechtefeld seeks -- seeks leave of the Body to return Senate Bill 1269 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1269. Madam Secretary, are there any Floor amendments approved for consideration?
Yes. Amendment No. 1, offered by Senator Klemm.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Amendment No. 1, by Senator Klemm. Senator -- he yields to Senator Luechtefeld. So, Senator Luechtefeld, Amendment 1.
Thank you, Madam President, Members of the Senate. Senate Floor Amendment 1 to Senate Bill 1269 simply is a small change, a technical change, in a bill that we passed last year, House Bill 2439, on the linked-deposit home loan collateral program, which was an initiative of the Treasurer. And it simply is a technical 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 change. I think there was some negotiations with the -- the banking industry, that it would be acceptable to them.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the amendment is adopted -- all those in favor, please signify by saying Aye. All opposed, say Nay. In the opinion of the Chair, the Ayes have it. The amendment's adopted. Any further Floor amendments?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Ladies and Gentlemen of the Senate, Supplemental Calendar No. 1 has been distributed, and we are going to Supplemental Calendar No. 1, on the Order of House Bills 2nd Reading. Senator Shadid, on House Bill 934. Read -- read the bill, Mr. Secretary. Read the bill...
House Bill 934. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 1829. Senator Dillard? Read the bill, Mr. Secretary.
House Bill 1829. (Secretary reads title of bill) 2nd Reading of the bill. Amendments 1 and 2 were adopted in committee.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard. Senator Dillard.
Thank you, Madam President and Mr. Secretary. I would like to 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 move to table Amendment No. 1, and then, hopefully, Amendment No. 2 will be adopted.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard moves to table Amendment No. 1 to House Bill 1829. Any discussion? Hearing none, those in favor, signify by saying Aye. All opposed, Nay. The Ayes have it. Amendment No. 1 is tabled. Any further Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 2299. Senator Cullerton? House Bill 2299. I'm sorry. Read the bill. Senator Hawkinson.
House Bill 2299. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 2619. Senator Dillard? Read the bill, Mr. Secretary.
House Bill 2619. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- are there any Floor amendments that have been approved 30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001 for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 2729. Senator Dillard? Read the bill, Mr. Secretary.
House Bill 2729. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendments 1 and 2.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Have there been any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senator Karpiel.
Thank you, Madam President. I would just like to announce that there will be a Republican Caucus tomorrow morning at 8:30 in Senator Philip's Office. Tomorrow morning at 8:30. I believe you'll -- you've all received a notice in your office, but just in case you haven't gone through your mail yet, I wanted to alert you to a early morning caucus in Senator Philip's Office.
PRESIDING OFFICER: (SENATOR GEO-KARIS) There will be a Republican Caucus tomorrow morning, 8:30 a.m., in Senator Philip's Office. Any further discussion? Is there any other... ...further business to come before the Senate? Senator Cronin.
The Senate Education Committee shall meet upon our adjournment here, in Room 212, for purposes of mandate waivers. 31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 55th Legislative Day November 14, 2001
PRESIDING OFFICER: (SENATOR GEO-KARIS) The Senate Education Committee is meeting in Room 212 immediately upon adjournment of this Session today for the purpose of going through waivers. Is there any further business to come before the Senate? If not, Senator Hawkinson moves the Senate stand adjourned until the hour of 9 a.m., Thursday, November 15, 2001. 32