Illinois General Assembly Floor TranscriptsBrowseSenate92nd GA

Illinois Senate Floor Debate — April 17, 2002

92nd General Assembly (2001-2002) · Legislative day 87 · Regular Session
Chamber
Senate
General Assembly
92nd (2001-2002)
Date
April 17, 2002
Legislative day
87
Session
Regular Session
Speaker turns
195
Original
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PRESIDENT PHILIP

The regular Session of the 92nd General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? Our prayer today will be given by the Right Reverend William D. Persell, Bishop of the Episcopal Diocese of Chicago, Chicago, Illinois. Bishop Persell.

THE RIGHT REVEREND WILLIAM D. PERSELL

(Prayer by the Right Reverend William D. Persell)

PRESIDENT PHILIP

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

SENATOR RADOGNO

(Pledge of Allegiance, led by Senator Radogno)

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Reading of the Journal. Senator Jones.

SENATOR W. JONES

Mr. President, I move that reading and approval of the Journal of Tuesday, April 16th, in the year 2002, be postponed, pending arrival of the printed Journal.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, it is so ordered. WCIA-Channel 3 and the Illinois Information Service have requested permission to record the proceedings. Hearing no objection, leave is granted. Committee Reports.

Harry (surname or first name uncertain)

Senator Hawkinson, Chair of the Committee on Judiciary, reports House Bills 4194, 4936, 4947, 5004, 5648 and 5732 Do Pass; and House Bills 4179, 4228 and 4926 Do Pass, as Amended. Senator Parker, Chair of the Committee on Transportation, reports House Bills 3629, 3645, 3652, 3712, 4229 and 4911 Do Pass; 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 and House Bills 3210 and 5610 Do Pass, as Amended. Senator Cronin, Chair of the Committee on Education, reports House Bills 3729, 3776, 4351, 5663, 5700 and 5734 Do Pass; and House Bill 1440 Do Pass, as Amended. And Senator Mahar, Chair of the Committee on Environment and Energy, reports House Bills 3768 and 5720 Do Pass.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Sullivan, what purpose do you rise?

SENATOR SULLIVAN

Point of personal privilege, Mr. President.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.

SENATOR SULLIVAN

If the Senate could welcome my two Pages for today, Jonathon Rashid and Aleia Stein, and their parents in the gallery.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests in the gallery please rise and be recognized? Welcome to Springfield. Senator Bowles, what purpose do you rise?

SENATOR BOWLES

For a point of personal privilege, Mr. President.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point, ma'am.

SENATOR BOWLES

I would like to introduce to the Members of the Senate Mrs. Pile, who is the librarian in the Madison County Circuit Court Library, and they're -- she's up here today with the librarians.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Welcome to Springfield. Senator Larry Walsh, what purpose do you rise, sir?

SENATOR L. WALSH

Point of personal privilege.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 State your point.

SENATOR L. WALSH

Mr. President and Members of the Senate, today I have a special guest with me, Mr. Scott Slocum, who is a radio manager at our local radio station in Joliet, WJOL. He is down here yesterday and today and actually broadcast his show for four hours live out of Springfield today. So, I'd like the -- my colleagues to welcome him to the Illinois Senate.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Welcome to Springfield. Senator Parker, what purpose do you rise?

SENATOR PARKER

A point of personal privilege.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point, ma'am.

SENATOR PARKER

I would just like to announce that we have on the Floor today with us a former State Senator, Roger Keats. So, say hi to Roger and please welcome him.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Keats, welcome to Springfield. You look much better without your mustache. House Bills 1st Reading.

ACTING SECRETARY HAWKER

House Bill 4101, offered by Senator Lightford. (Secretary reads title of bill) House Bill 4837, offered by Senator Shadid. (Secretary reads title of bill) House Bill 4978, offered by Senator Jacobs. (Secretary reads title of bill) House Bill 5168, offered by Senator Thomas Walsh. (Secretary reads title of bill) House Bill 5169, offered by Senator Thomas Walsh. 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 (Secretary reads title of bill) House Bill 5240, offered by Senator Dillard. (Secretary reads title of bill) House Bill 5631, offered by Senator Dillard. (Secretary reads title of bill) House Bill 6164, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6168, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6169, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill -- pardon me, 6170, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6172, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6173, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6174, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6175, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6178, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6179, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6181, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6182, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6184, offered by Senator Rauschenberger. (Secretary reads title of bill) 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 House Bill 6185, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6186, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6188, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6189, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6190, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6191, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6195, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6196, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6201, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6202, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6203, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6206, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6207, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6212, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6213, offered by Senator Rauschenberger. (Secretary reads title of bill) House Bill 6214, offered by Senator Rauschenberger. (Secretary reads title of bill) 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 And House Bill -- 4879, offered by Senator Burzynski. (Secretary reads title of bill) 1st Reading of the bills.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker, what purpose do you rise, ma'am?

SENATOR PARKER

For a point of personal privilege.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.

SENATOR PARKER

I have with me today on the Floor a constituent, Andrew Hass, and his mother's up in the President Gallery, Debby Hass. Please welcome them, from Northbrook.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests in the gallery please rise and be recognized? Welcome to Springfield. Introduction of Bills. House Bills 1st Reading.

Harry (surname or first name uncertain)

House Bill 5657. (Secretary reads title of bill) Is offered by Senator Petka. 1st Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Ladies and Gentlemen, if I may have your attention, please. We are joined this afternoon with a very special guest, and I would like to make the introduction of Mr. Joseph Lipowski. Mr. Lipowski was elected National Commander of the nation's fourth-largest veterans service organization on August 18, 2001, during AMVETS 57th National Convention in Dallas, Texas. Prior to assuming his current duties, Mr. Lipowski served consecutive one-year terms as National First Vice Commander for Membership and National Second Vice Commander for Programs, and Mr. Lipowski and 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 his wife, Sylvia, past National President of AMVETS Ladies Auxiliary, are residents of Depew, New York. And joining me at the podium here with National Commander Lipowski is Kathryn Rutledge, Department Commander of AMVETS Department of Illinois. I'd like to please give a warm welcome and have Mr. Lipowski say a few words. Joseph Lipowski.

NATIONAL COMMANDER JOSEPH LIPOWSKI

(Remarks by National Commander Joseph Lipowski)

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Ladies and Gentlemen, the National Commander of the AMVETS of -- of United States. Thank you. Ladies and Gentlemen, I now yield to Senator Bomke for an introduction of some very special guests.

SENATOR BOMKE

All right. I think -- if I can have your attention, please. I have with me today the Pleasant Plains basketball team. They are the Class A State Champions. Yeah. Thank you. I am particularly happy with them, as Pleasant Plains is my alma mater, and when I was in high school, we -- we couldn't even win a county tournament. 'Course, understanding what they had to choose from, I think you can -- you can understand that. But this is the -- the second time in three years that I've been able to introduce Pleasant Plains to you, as this is the second State champion in two years. I have with me today, if I can take just a moment to read the team members: Aaron Dyas, Andy Crompton, Michael Lucchesi, Jamie Kleimenhagen, Jordan Roth, Steven Brown, Joey Albsmeyer, Ryan Needham, John Edmison, Matt Bryant, Aaron Rapaport, Ryan Sunley, Brett Oswald, Curtis Nelson, Thomas Suchy, Joe Miles, Manager Alex Humphrey, Coach Cliff Cameron, Assistant Coach Danny Watson and T.J. Fraase. Of course, that was part of the problem, we didn't have Cliff and Danny Watson and T.J. Fraase when I was in school. We had a -- we had T.J.'s dad, and actually, he was a pretty good ballplayer. T.J.'s dad is the 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 Athletic Director, Gary Fraase, and we also have with us Don White, Superintendent, and Principal Maureen -- Maureen Talbert. At this time, I'd like to turn it over to Coach Cliff Cameron. Coach.

COACH CLIFF CAMERON

(Remarks by Coach Cliff Cameron)

SENATOR BOMKE

All right. Again, I want to thank the boys for a great ride the last three years, and we're looking forward to the future, Cliff, and Gary's going to retire next year. So, we got T.J. and Danny's going to be around awhile, and I know Cliff's going to be around awhile. So anyway, one last warm welcome for me, as they leave, if you will join me, please. Thank you.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm, what purpose do you rise?

SENATOR KLEMM

Well, as long as we have a lull, I just want to introduce some guests that I have, if that's all right. I have Don and Carol Jerich, from Crystal Lake. They're down here visiting, seeing the operations of the Senate. And I just wanted to welcome 'em to the Illinois Senate. They're over here.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests on the Senate Floor welcome -- stand up and be recognized? Welcome to Springfield. Ladies and Gentlemen, if you will -- have I -- if I could have your attention, we will be going shortly to the Order of House Bills 2nd and 3rd Readings. So, Members with -- with bills on the Calendar, be prepared to move 'em if you're ready. We're going to be going shortly to House Bills 2nd and 3rd Readings. Senator Bomke, what purpose do you rise?

SENATOR BOMKE

Point of personal privilege. 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point, sir.

SENATOR BOMKE

Thank you, Mr. President. We have with us today, women from the Logan County Farm Bureau, which -- to the right of me, up here. If you would please help me welcome them to the State Senate.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests in the gallery please rise and be recognized? Welcome to Springfield. Turn your attention to the bottom of page 9, in the Order of House Bills 2nd Reading. House Bill 173. Senator Cullerton. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 173. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Bottom of page 9, in the Order of Senate -- or, House Bills 2nd Reading, is House Bill 1215. Senator Dillard. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1215. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On top of page 10, in the Order of House Bills 2nd Reading, is House Bill 1386. Senator Thomas Walsh. Senator 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 Walsh. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 1386. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 2671. Senator Thomas Walsh. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2671. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 3363. Senator Noland. Read the bill, -- Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 3363. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 3710. Senator Jacobs. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 3710. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 3734. Senator Geo-Karis. Mr. 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 Secretary, read the bill, please.

Harry (surname or first name uncertain)

House Bill 3734. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 3771. Senator Sieben. Mr. Secretary, read the bill, please.

Harry (surname or first name uncertain)

House Bill 3771. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 3773. Senator Myers. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 3773. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 3812. Senator Watson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 3812. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. With leave of the Body, we'll return to House Bill 4130. House Bill 4170. Senator Klemm. Mr. Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 4170. 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. With leave, we will return to House Bill 4257. House Bill 4618. Senator Tom Walsh. Senator Tom Walsh. Bottom of page 10, in the Order of House Bills 2nd Reading, is House Bill 4988. Senator Peterson. Mr. Secretary, read the bill, please.

Harry (surname or first name uncertain)

House Bill 4988. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On top of page 11, in the Order of House Bills 2nd Reading, is House Bill 4989. Senator Peterson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 4989. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 5577. Senator Cronin. Senator Cronin. ...Secretary, read the bill.

Harry (surname or first name uncertain)

House Bill 5577. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted one amendment.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 3rd Reading. House Bill 5607. Senator Peterson. Read the -- read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 5607. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. With leave, we will return to House Bill 5646. House Bill 5709. Senator Dillard. Mr. Secretary, read the bill, please.

Harry (surname or first name uncertain)

House Bill 5709. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 5785. Senator Radogno. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 5785. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 6034. Senator Watson. Mr. Secretary, read the bill, please.

Harry (surname or first name uncertain)

House Bill 6034. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) There was leave of the Body to return to House Bill 4130. 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 Senator Dudycz. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 4130. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. And also House Bill 4257. Senator Dudycz. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Bill 4257. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) We will now be going to the middle of page 9, in the Order of House Bills 3rd Reading. House Bill 1495. Senator Parker. Madam Secretary, read the bill, please.

ACTING SECRETARY HAWKER

House Bill 1495. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an effort to be certain that the public has answers to reasonable questions before the Tollway submits a plan for a toll increase, which the Tribune _______ has defined as a tax increase. We are looking for accountability. What this does is require the Tollway 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 to submit to the General Assembly by December 31st, 2002, a twenty-year comprehensive strategic plan -- financial plan. It directs the Auditor General to conduct a management audit of the Tollway's operations and management. It also does put a block on any toll increases until June 30th -- of 2003, until these other two things can be accomplished. It also restructures the public hearing process to make it more accountable and accessible to the public and also allows the Tollway to enter into contracts with other entities to use the electronic means, I-PASS. I would be glad to answer any questions and would ask for a favorable vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Jacobs.

SENATOR JACOBS

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

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she will yield. Senator Jacobs.

SENATOR JACOBS

Senator, I don't have a lot of qualms with what you're trying to do here 'cause I think everyone wants to -- to ensure that the -- the toll roads remain affordable. The question I have as a downstater really is more involved with the fact that because we are now involved and we are telling them that they're going to freeze their rates for two years, does that, in any way, open the door to where we may have a responsibility if they could not cover their -- their costs and/or whatever the case may be, to where we would have to take money out of motor fuel tax funds in order to support the tollways?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 No, it does not. There is not any plan for that, nor would this affect that at all.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.

SENATOR JACOBS

And -- and I understand there's no plan for it, but what would happen if, for whatever reason, they could not afford to pay their bondholders and the State has limited them? Does the State, then, have a responsibility to pick up those funds to pay the bonds? If they do, where's it going to come from?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

Senator, they are fine and they are okay on their bonds till 2004.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Link.

SENATOR LINK

Thank you, Mr. President. Will the sponsor yield?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she will yield. Senator Link.

SENATOR LINK

Senator Parker, I have a number of questions and will start out with the first one. Has there ever been any toll increases in the last thirty years?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

Well, the Tollway has been in effect, so I would imagine -- I am not quite sure on all the Tollway's increases. So, there must have been one -- yes, there was one toll increase, I think, in the eighties. I'm not sure if there was another one. 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Link.

SENATOR LINK

I'm sorry. Sorry, Mr. President. Well, there has been increases. I meant -- the Tollway Authority is indicating that the last increase was 1983, but there have -- there has been a number of increases. It may not have been system-wide, but it surely costs more to ride from I-55 to the Wisconsin state line on the tollway. My next question is, how much money is coming in from I-PASS? Do you have any answer on that?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

I do not know how much money is coming in from I-PASS, but what this bill will do is find out the answers to that and to many other questions on how I-PASS is actually operating. We would like to find out more questions and the public would, too.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Link.

SENATOR LINK

So, in follow-up, that you don't know how much money is being lost in I-PASS either, correct?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

As I said, the reason for this bill is to find out and keep the Tollway accountable and see how efficient they are. So, those questions would be answered by the management audit that we are planning.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Link.

SENATOR LINK

17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 Well, I could continue on with these questions about, you know, do we have any idea of how many cars or trucks will be diverted off of this tollway onto State highways because of this increase? Obviously, with an eighty-seven-percent increase for cars and a hundred-percent increase for trucks, they will be diverting from the tollway onto State highways. Do we have any idea of what this is going to cost the State or how many vehicles, obviously, will be switching over?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

Diversion of the vehicles from the tollway -- diversion of vehicles from the tollway is a very big concern of mine. They have not done a market research study on this, and the purpose of this bill, as I have said, is to keep them accountable and to have studies and to find out the answers to those questions.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Link.

SENATOR LINK

Do we -- do we know if any of this money that they're talking about, this 5.5 billion dollars that the Tollway is saying that will be accumulated by the increase of the tolls, will use -- be used for any expansion of the southern I-355 or northern 355 route through Lake County?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

The Tollway has claimed they are not using the new money for the extensions. They have not, however, said how they would fund those extensions, whether they would use -- existing bonds, and that is exactly why we want to find out from them, with this legislation, what they are planning with a twenty-year, long-range 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 strategic financial plan so that they come up with the answers and tell the public their intentions.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Link.

SENATOR LINK

Will -- will this bill that you are proposing today, will this give the General Assembly complete oversight of the Tollway Authority in every category in which they are presently in charge of, not only toll increases but the operation costs, the maintenance, expansions, any types of things that they will do, as we do with IDOT and any other State department? Will we have this complete authority over the Illinois Tollway Authority with this bill?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

What this bill does is it requires a management audit. The purpose of this audit will determine the managing of resources, including toll and investment-generated revenue. It will go into the performance of the Tollway of the management of their operations. It will talk about also asking for their toll collections, how they collect and how they transfer tolls. This bill will do a twenty-year, long-range strategic plan, open up the public hearing process and -- and be good government and get answers for the people.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Link.

SENATOR LINK

Well, that's all well and good, what you said, but back to my original question. Will this give the General Assembly complete authority or oversight of the Illinois Tollway Authority in their operations, their maintenance, their expansions, or whatever else 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 they do, as we presently have with IDOT, State Police, and any other types of departments that they have?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

No.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Link.

SENATOR LINK

Thank you. I think we've come to a conclusion on what I want to get into my statement here, and I have a number of statements here on this thing. For the last six years, I have -- I have presented bills in the Illinois State Senate that would have complete oversight by the General Assembly, would have -- bills that would allow us to have some teeth in what we're trying to do, and they have always maintained a presence in the Rules Committee and never have made it out. And I have also, for the last six years, have never gotten anyone on the other side of the aisle to join in with me on those bills. I'm glad to see we're finally having something going on. I want to read a couple statements that were in the paper, and this was as of recent, in the April 5th, 2002, Daily ____________ Herald. And it said: Only one Tollway official since the creation of the Tollway has ever made the statement that the tolls eventually would be eliminated. This person made this statement and did so in 1955 to '56 in an effort to pass the enabling legislation. If this statement was made in 1955 or '56 to be held gospel, then so it be, but to repeat it as though it is said by many former toll authorities or responsible public officials is false. So, in other words, what we got to -- is we got lied in 1955 and '56 so that we would build a tollway authority. In a paper -- in an issue, in December 25th, 1986, in the Chicago _______________ Tribune, the former director, Gayle Franzen, who was a 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 forty-one-year-old lawyer, was appointed to the -- as director of the tollway system. And to just quote some statements out of the article, and I'd be more than happy to give the whole article to everybody, but I don't think you want me to read it into facts right now. So, within weeks of assuming the post of the tollway executive director, about which he acknowledges he knew nothing, Franzen informally proposed that a tollway be built in place of a freeway that has been on the drawing boards for twenty years. But the laughter did not extend to DuPage County increasingly powerful Republicans who rapidly -- seized to the idea within three years and rammed the proposal through the legislators {sic} (legislature). The project owes its life to four-cushion deal in the Legislature involving the 1992 World's Fair, which we all enjoyed, I remember. Two of the principal players freely stated that making Thompson, the former Governor at the time, was -- to look good was part of the effort. I think what we're getting at here is that we have been misled, we have been lied to by the Tollway Authority, but what we're doing today is just a patchwork. My colleagues on this side of the aisle have proposed many of times of putting in legislation that would be for rehabilitation of people getting out of our penal system, to -- only to die in either Rules Committee or committees because we had no support from that side of the aisle. Today we're told that we should trust the Tollway, who has had numerous amount of scandals. And I could bring 'em all out in a packet here, of all the scandals that have happened on the Tollway Authority, and we are supposed to just stand here today and say that we believe in rehabilitation of the Tollway Authority and we should help them. The problem we're facing today reminds me of a national symbol that we have in the United States. It's called Niagara Falls. It's great to look at, it's pleasant for people to look at and talk about, but what it is is a watered-down situation. And that's what this bill is, is 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 nothing but a watered-down situation. If we want to get serious -- I'm going to vote for this bill, Senator. I'm telling you that right now. I'm going to vote for it, because you know why? The bill that we're having coming from the House, which has some real teeth to it and which really has substance to it, or the six bills that I have sitting in Rules Committee that really could have the oversight and the real authority that this General Assembly needs, will, I know, never see the light of day here. So, now let's get at -- let's quit the politics, let's quit the election-year schemes and let's get on with something of real substance. And I tell you, Senator Parker, please help -- let's push out the real bill that will be coming from the House. Thank you.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Geo-Karis.

SENATOR GEO-KARIS

Mr. President and Ladies and Gentlemen of the Senate, we want to talk about scandals, let's not forget, they've been from parties on both sides of the aisle in the past. Let's forget about that. I know the people in my district are interested in a management audit. They've asked for one. Senator Parker's providing it in this bill. And it also says that the Auditor General would report his preliminary findings no later than April 15, 2003, and report his complete findings no later than June 30th, 2003. What -- this bill is an attempt to get to the basis of accountability. Once we know what -- everything that's going on and how it's going on, to our satisfaction, then we can take other steps later, but to go ahead and put the cart ahead of the horse is wrong. And this bill is a step in the right direction, and I certainly will support it because the people in my district do want a management audit. And I congratulate Senator Parker for having the guts to do it, because it hasn't been easy. And I ask for your support. 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Demuzio.

SENATOR DEMUZIO

Thank you, Mr. President. I have read this -- part of this bill, and some of this I don't understand and I would ask the Senator if she would yield to a question.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she will yield. Senator Demuzio.

SENATOR DEMUZIO

First of all, I'm puzzled. On page 4 of this bill, it says -- line 16, to enter -- well, actually it says -- beginning on 14, it says that the Authority may acquire the property by condemnation. Then it adds, it may also enter into a contract with a unit of local government or other public or private entity under which the Authority agrees to collect tolls, fees, or revenues by electronic means on -- I'm sorry -- by electronic means on behalf of that entity. Why is that provision in this bill and what does that mean?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

That is a provision in this bill, along with a couple of other provisions in this bill, have been unanimously passed out of the Senate and have been held up in the House. What this -- what that particular Section does is it allows I-PASS to be used by other entities, for O'Hare. O'Hare Airport would like to be able to possibly use I-PASS for their parking garage. There is a toll bridge in Rockford. And this is something that is in agreement with the entities. They've been requesting it from the Tollway.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.

SENATOR DEMUZIO

23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 I guess I'm puzzled. If they have such -- if they -- if this is their authority, why do they need to come to the Legislature and ask us for permission? And I guess if -- if -- is there an RFP? Is there a -- a request for proposal already been circulated for this?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

Not that I'm aware of. This only gives them the permission now to be able to do it. The next steps will be taken later.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.

SENATOR DEMUZIO

I know, but I don't understand why we, as a General Assembly, have to give them the authority -- the -- to -- to enter into this -- these other contracts with an RFP. I mean, why are we micromanaging the operation? I don't understand why -- why we're in this.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

I think they need this. They can't just do it by an intergovernmental agreement, so it needs to be legislated.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.

SENATOR DEMUZIO

Do you have any idea what this -- this would cost that we are authorizing them to do?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

Actually, this will make them money. 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.

SENATOR DEMUZIO

Well, can you tell me how much money the -- I've been around auditing the Toll Road for a number of years. Can -- what -- what's the -- what's the amount of cash and investments that the Toll Road has on hand as of today?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

Senator, this is why we're doing this bill, because we want a long-range, twenty-year strategic plan, which they have not done. We want a management audit to find out the answers to all of these questions.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.

SENATOR DEMUZIO

I was talking when I should have been listening. But you can catch that -- reiterate what you -- what you were saying. It's -- it's told to me that there's -- that the Toll Road has some four hundred and fifty million dollars in cash and investments on hand as of this moment, and I'm curious as to why that is. But let me go to another Section, if I might. Look at page -- on the auditing, look at page -- at page 9. Now, this is a departure from previous practices that I have known, and Senator Walsh might help me out here, but it says here this commands the Auditor General to report his or her preliminary findings - preliminary findings - to the Governor and the General Assembly. Now, to my knowledge, the Auditor General has never reported preliminary findings to anyone, including the Governor and the General Assembly. It has always been in the form of a final audit and has been released to the public before it's released to either branch 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 of government.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.

SENATOR PARKER

That is a departure from past policy, but it doesn't say that we can't do it. What we want to do is get our information as quickly as possible.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio.

SENATOR DEMUZIO

I think this is a very dangerous precedent for us to be -- to be -- to be -- to be doing. Now, if this bill should happen to get out of here, I would hope that you would reconsider that language in that -- in that Section and perhaps correct that in the House, perhaps. But it seems to me that once we get into preliminary findings and we give them to the Governor and the General Assembly no later, in this particular instance, than April 15th, I doubt very seriously if the time frame that you have in this bill will afford the Auditor General to do a management audit by the time constraints that you have in this legislation. It has to be done by no later than June 30th of '03. I don't know what the time table for this bill to get out of the House and Senate and be signed by the Governor will be, but I'm not quite sure that he has the capacity -- or, his office has the capacity to do that. This bill gives me a lot of troubling thoughts, particularly this portion about us authorizing them to spend any money to do anything. I just really don't understand what -- what I, as a legislator, would be commanding the Authority to do, whether they want to or they won't -- or they don't want to, because I don't want to be responsible for saying that I've increased their liability and somehow or other they come back and say, give us some more money out of the General Revenue or out of -- or out of 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 the Road Fund for that -- for what you caused us to do. So, I really don't know what I'm going to do with this bill, but I -- I'm not inclined to vote for it.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Molaro.

SENATOR MOLARO

Thank you, Mr. President. We'll just start with a -- a couple comments. Obviously, it doesn't take a genius -- you could just read the paper and realize that Tollway Authority better get a new PR firm. Whoever's been doing their public relations certainly has been doing a bad job out there. I mean, you can't pick up a newspaper where -- where they're not wanting to call the Tollway to task. Now, the Tollway, in their infinite wisdom, decides they're going to make this increase while the General Assembly is in. I mean, if I was doing their PR, I probably would have told them to do it June 1st when we're not here. I mean, they do it in April 1st when we're here, I mean, they had to expect that something like this was going to happen. And what I'm told, even what's coming over from the House may even be more onerous to them than what Senator Parker's bill does. So, I -- I -- I really can't figure it out. Maybe I should give 'em kudos and say, well, at least they did it while we were here so we can have an opportunity to -- to do what we're doing right now. They certainly did bad PR. I remember -- and -- and Secretary Brown, when we were doing Illinois FIRST, he did -- I don't know how many trips he took throughout the State of Illinois to let people know, yeah, we're going to do twelve billion dollars in bonding, but let me tell you why. He sort of gave us cover for when we had to go do Illinois FIRST. As a matter of fact, he did such a good job talking about the Stevenson, I told my wife and children I don't want them driving underneath the bridges on the Stevenson Expressway 'cause Secretary Brown said they may fall down. That's 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 how good of a job he did. Let me give an example. It's almost like if you -- if you bring your car in to do the muffler and they say it's going to cost you two hundred bucks. Okay. Now they call you up two hours later and say, "Oh, by the way, you're going to need a tailpipe and it's an extra hundred." And I talk to 'em, they explain it to me, yet -- maybe I say yes or no. Ninety-nine times out of a hundred, we're going to say yes. But what the Tollway was doing, it would be like if I went back and they go, "Oh, by the way, it's three hundred. We had to put a new tailpipe on." Okay, I understand you had to put the tailpipe on, but you have to tell me about it first. Can't just do it. Can't just come up and tell me in two weeks, we're going to raise the toll. That doesn't make much sense. So, obviously, we have to do something. Unfortunately, I -- I don't know if this is the way to do it, and I don't take issue -- I don't want to take big issue because I don't want to tell you this is the wrong way, because I don't have a right way. I don't know what -- the best thing to do. There are two things, though, that I must point out. The twenty-year plan seems like a long time, because as we know here, we can't even do a budget in six months. What we thought was going to happen nine months ago, we're way off. We're, like, 1.4 billion off. So, that's hard, a twenty-year plan. But the part that bothers me the most, and maybe you could speak to it after my comments, is as we talked earlier in committee, basically what we're doing, an argument can be made - and I think it's a very, very good argument - that when we, in the General Assembly, pass a bill that says the Tollway Authority cannot mess with the tolls or the fees for the next fifteen months, basically we here today in the Senate, by passing this bill, is we set the tolls. We're setting the tolls today. If this passes and it becomes law, we set the tolls at forty cents for the next fifteen months. I don't want to be in the business of setting tolls. That's why we have 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 the Tollway Authority. I don't want to set racing dates. I don't want to say who gets the boats. I don't want to set the fees for -- or, the fares for the RTA. But that's what we're doing in this bill. Make no mistake about that, that when we vote Yes, we are saying to the Tollway Authority and to the State of Illinois and to the bonding houses that we, the General Assembly, are now setting fees and tolls for the Tollway Authority, and I think that's dangerous. And the reason I think it's dangerous, I don't have a bond lawyer yet that comes out and says -- you understand that when we float bonds for the Tollway, the Tollway backs up the bonds, not the general faith and credit of the State of Illinois. So, I think that before we do this, we need some bond house or some bond lawyers or the Attorney General to come up and say that when we set the tolls, which is what we're doing today, if we set the tolls for the next fifteen months and we're saying it's forty cents, that we, as a General Assembly, has now not put the full faith and credit of the State of Illinois behind the Tollway Authority bonds. So, I just think that, you know, we have to do something, but I don't know if this is it. Thank you.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Hendon.

SENATOR HENDON

Thank you, Mr. President. Just a brief observation. I was reading in the Capitol ____________ Fax today where our esteemed colleague, Senator Rauschenberger, wants to put more oversight over universities and other entities that receive State funding so that we can have a true austerity budget and have the actual figures and have people do the things the right way with the money that we give them, and it amazes me that, while I agree with him, I don't see the same thing in this legislation. I'm going to vote for the bill, and I'm going to say that up front because I don't want any groans when I tell you that I'm going to vote for it. But I do 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 have an issue -- take issue with the way you've treated my ally and colleague, Senator Link. For the last six years, he has been putting forth positive, progressive legislation to deal with the mess over at the Toll Authority. We've all read about missing money and bags of quarters and -- that they can't find the money and -- the mess over at the Toll Authority. I don't want to see the tolls increased at all, and I know Senator Link was very sincere in his desire, in his compassion and desire, to do something about the problems at the Toll Authority. And I do not believe that just because you're going to vote for a bill that takes away your right to question the problems that you might have with that particular piece of legislation. And while we're trying to get a deal -- a program together for this budget, you do need bipartisan cooperation in order to do that. And by belittling a Senator who happens to disagree with you on a few points, that is no way to get bipartisan cooperation on anything. And I do want to just gently warn you because I don't want to motivate you to work any harder in November, but the shoe is about to turn and the same way you treat this side of the aisle, you may be subject to being treated that same way that you treated us come January. So, keep that in mind while dealing with Senators on this side of the aisle.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Parker, to close.

SENATOR PARKER

Thank you very much. I just want -- Senator Link, I don't trust the Tollway anymore than you do. They said they were neutral on this bill; yet, they've been working against it. So it says very clearly that they don't want any accountability. The preliminary information that was talked about, we want to know as quickly as possible what is going on. I think that that would be good, and then we can have the final say in June. We have given 30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 the Auditor over a year, and usually that's in a very timely fashion. This is a twenty-year financial plan. They have done ten years, they have done seventeen years. They have done many different things and all the numbers different. We need a twenty-year, long-range strategic plan. So, I appreciate the support of my Members and the questions. This is something that will start to bring accountability. We are getting answers for the public, and I would ask for a favorable vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 1495 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record. On that question, there are 48 Ayes, 9 Nays, none voting Present. And House Bill 1495, having received the required constitutional majority, is hereby declared passed. House Bill 4044. Senator Philip. Senator Philip. House Bill 4471. Senator Jacobs. Senator Jacobs. Senator Karpiel, what purpose do you rise?

SENATOR KARPIEL

Thank you, Mr. President. I would like to announce that there will be a Republican Caucus tomorrow morning at 8 a.m., in Room 212. Yes, there will be doughnuts and coffee for you. But 8 o'clock, in Room 212, tomorrow morning.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen, what purpose do you rise?

SENATOR LAUZEN

For an announcement. The Commerce and Industry Committee -- the Senate Commerce and Industry Committee will have a meeting tomorrow at 10 o'clock, in Room 212.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Malley, what purpose do you rise?

SENATOR O'MALLEY

31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 For purpose of announcement. The Senate Financial Institutions Committee meeting will be at 10 o'clock tomorrow morning, Thursday, at -- I mean, in Room 400, at 10 a.m.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Burzynski, what purpose do you rise, sir?

SENATOR BURZYNSKI

Thank you, Mr. President. For purposes of announcement. The hardworking Licensed Activities Committee that enjoys meeting early mornings will have to postpone its hearing until 10 tomorrow morning, from 9 o'clock. Thank you.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm, what purpose you rise, please?

SENATOR KLEMM

Well, for the purpose of an announcement. The Senate Executive Committee will meet immediately upon adjournment in Room 212. Thank you.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Committee Reports.

ACTING SECRETARY HAWKER

Senator Weaver, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Agriculture and Conservation Committee - House Bills 4889 and 4890; refer to Appropriations Committee - House Bills 4581, 5351, 5383, 6164, 6188 -- pardon me, that was 6168, 6169, 6170, 6172, 6173, 6174, 6175, 6178, 6179, 6181, 6182, 6184, 6185, 6186, 6188, 6189, 6190, 6191, 6195, 6196, 6201, 6202, 6203, 6206, 6207, 6212, 6213 and 6214; refer to Commerce and Industry Committee - House Bills 5145 and 5996; refer to Education Committee - House Bills 1720, 3672, 3673, 3744, 3774, 3938, 4037, 4466, 4912, 5343, 5514 and 6038; refer to Environment and Energy Committee - House Bills 4667, -- 5557, 5851 and 5961; refer to Executive Committee - House Bills 207, 3184, 3212, 3653, 4023, 4066, 4078, 4103, 4159, 4411, 32 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002 4444, 4462, 4580, 4680, 4712 {sic} (4719), 4938, 4956, 5236, 5334, 5450, 5530, 5593, 5627, 5686, 5823 and 5921; refer to -- refer to Financial Institutions Committee - House Bills 4055, 4106, 4157, 4357 and 4409; refer to Insurance and Pensions Committee - House Bills 48, 2370, 4407, 4725, 5168, 5169, 5307, 5596, 5608 and 5842; refer to Judiciary Committee - House Bills 1961, 4014, 4129, 4208, 4245, 4353, 4354, 4473, 4720, 5002, 5076, 5625, 5639, 5657, 5681, 5794, 5860, 5874, 5934 and 5941; refer to Licensed Activities Committee - House Bills 4118, 4255, 4696, 4879, 4916, 5278, 5281 and 5906; refer to Local Government Committee - House Bills -- pardon me, House Bill 1081, 3697, 4188, 4339, 4795, 5368, 5375, 5647 and 5654; refer to Public Health and Welfare Committee - House Bills 3662, 4465, 5140, 5325, 5567, 5844, 5870, 5965, 6001 and House Bill 6002; refer to Revenue Committee - House Bills 1975, 4082 and 5631; refer to State Government Operations Committee - House Bill 4116; refer to Transportation Committee - House Bills 3713, 3794, 4344, 4472, 4933, 4937, 4974, 5222 and House Bill 5240 Be Approved -- pardon me. April 17, 2002.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Resolutions.

ACTING SECRETARY HAWKER

Senate Resolution 399, offered by Senator del Valle. It is substantive.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

ACTING SECRETARY HAWKER

House Bill 5606, offered by Senator Syverson. (Secretary reads title of bill) And House Bill 5685, offered by Senator Rauschenberger. (Secretary reads title of bill) 1st Reading of the bills. 33 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 87th Legislative Day April 17, 2002

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Bomke, what purpose do you rise?

SENATOR BOMKE

Thank you, Mr. President. To make an announcement. State Government Committee will meet immediately upon adjournment in Room A-1. We have seven noncontroversial bills, so everyone be there right away and we'll get out quickly. Thank you.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson, what purpose do you rise?

SENATOR PETERSON

Thank you, Mr. President. For a point of information, an announcement. The Revenue Committee will meet upon -- meeting upon adjournment, Room 400.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further business to come before the Senate? If not, Senator Geo-Karis moves the Senate stands adjourned until the hour of 11 a.m., Thursday, April 18, 2002. 34