The regular Session of the 92nd General Assembly will please come to order. Will the Members please be at their desks? And will our guests in the galleries please rise? Our prayer today will be given by Pastor Overlot, Stonington United Methodist Church, Stonington, Illinois. Pastor Overlot.
(Prayer by Pastor Overlot)
Please remain standing for the Pledge of Allegiance. Senator Radogno.
(Pledge of Allegiance, led by Senator Radogno)
Reading of the Journal. Senator Jones.
Mr. President, I move that the reading and approval of the Journal of Monday, May 6th, in the year 2002, be postponed, pending arrival of the printed Journal.
Senator Jones moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There being no objection, so ordered. If I could have your attention for one minute. We're going to go directly to 2nd Reading and then to 3rd Reading. So if everybody would get -- come up from their offices, we'll get this show started. Senator Geo-Karis, for what purpose do you rise?
Mr. President, on a point of personal privilege.
State your point.
1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 We have, in the President's Gallery today, four very fine gentlemen, the Reverend Dr. Thomas A. Baima, B-A-I-M-A, of the University of St. Mary of the Lake, in Mundelein, which I believe is partially served by Senator Link - possibly the other part will be served by Senator Peterson - and Mark J. Teresi, Vice President of Institutional Advancement for the Mundelein Seminary, St. Mary's of the Lake. And we have with us, Hermann Peterson, the Library Director of the University of St. Mary of the Lake and Mundelein Seminary, and also the gentleman who's been very helpful to the University of St. Mary's at the Lake, Dennis J. Healy, H-E-A-L-Y, who represents Turtle Wax, Inc. And I'd like you all to welcome these four fine gentlemen who are with us today.
Will they please rise, being recognized by the Senate? Senator Bowles, for what purpose do you rise?
For a point of personal privilege, Mr. President.
State your point.
I would like to introduce Mr. John Fruit, who is the Executive Vice President of the Union Planters Bank in Edwardsville, Illinois. He's my shadow today.
Will you -- will you please rise and be recognized by the Senate? Senator Sullivan, for what purpose do you rise?
Point of personal privilege, Mr. President.
State your point.
If the Senate could please welcome my Page for the Day, from 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 DuPage County, in Wheaton, Kristy Staky. And her family is in the President's Gallery.
Will they please rise and be recognized by the Senate? All right. In the middle of page 18, in the Order of 2nd -- House Bills 2nd Reading. House Bill 207. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 207. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.
Have there been any Floor amendments approved for consideration?
No further amendments reported.
3rd Reading. House Bill -- 811. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 811. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 822. Senator Jacobs. Senator Jacobs. I'm sorry. Senator Weaver's bill. Senator Weaver? Take it out of the record. House Bill 909. Senator Myers. Senator Myers. Take it out of the record. House Bill 1033. Senator Donahue. Senator Donahue. Senator Donahue. 1033. Read the bill, Mr. Secretary.
3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 House Bill 1033. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government Operations adopted one amendment.
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
3rd Reading. House Bill 1268. Senator Weaver. Take it out of the record. House Bill 1269. Senator Weaver. Take it out of the record. House Bill 1272. Senator Weaver. Take it out of the record. House Bill 1273. Senator Weaver. Take it out of the record. House Bill 2776 {sic}. Senator Weaver. Take it out of the record. House -- top of page 19. House Bill 1720. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 1720. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill -- 1889. Senator Tom Walsh. Senator Tom Walsh. Take it out of the record. House Bill 1975. Senator Radogno. Senator Radogno. Take it out of the record. House Bill 2137. Senator Weaver. Senator Weaver. Take it out of the record. House Bill 2271. Senator DeLeo. Senator DeLeo. Take it out of the record. House Bill 2463. Senator Noland. Senator Noland. Take it out of the record. House Bill 2828. Senator Weaver. Take it out of the record. House Bill 3212. Senator Dillard. Senator Dillard. Read the bill, Mr. Secretary.
4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 House Bill 3212. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
3rd Reading. House Bill 3336. Senator Jones -- Wendell Jones. Read the bill, Mr. Secretary.
House Bill 3336. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted one amendment.
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
3rd Reading. House Bill 3439. Read the bill, Mr. Secretary. Senator Rauschenberger.
House Bill 3439. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. Yeah. The Illinois Information Service has request permission to film today. Is leave granted? Leave is 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 granted. House Bill 3463. Senator Rauschenberger. Read the bill.
House Bill 3463. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 3653. Senator Bowles. Read the bill, Mr. Secretary.
House Bill 3653. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 3673. Senator Myers. Read the bill, Mr. Secretary.
House Bill 3673. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
3rd Reading. Oh! I'm sorry. Have there been any Floor amendments that have been approved for consideration?
No amendments reported.
3rd Reading. With leave of the Body, I'd like to go back to -- House Bill 2271. Senator DeLeo. Read the bill, Mr. Secretary.
House Bill 2271. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 adopted one amendment.
Have there been any Floor amendments that have been approved for consideration?
No -- no further amendments reported.
3rd Reading. On the top of page 20, House Bill 3993. Senator Walsh. Senator Tom Walsh. Take it out of the record. House Bill 3999. Senator Luechtefeld. Senator Luechtefeld. Take it out of the record. House Bill 4004. Senator DeLeo. Read the bill, Mr. Secretary.
House Bill 4004. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities adopted one amendment.
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
3rd Reading. House Bill 4023. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 4023. (Secretary reads title of bill) 2nd Reading of the bill. Committee on Executive adopted one amendment.
Have there been any Floor amendments that have been approved 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 for consideration?
No further amendments reported.
3rd Reading. House Bill 4047. Senator Radogno. Senator Radogno. Take it out of the record. House Bill 4090. Senator Klemm. Senator Klemm. Take it out of the record. House Bill 4103. Senator DeLeo. Senator DeLeo. Take it out of the record. House Bill 4116. Senator Myers. Senator Myers. Take it out of the record. House Bill 4117. Senator Burzynski. Senator Burzynski. Take it out of the record. House Bill 4179. Senator Madigan. Take it out of the record. House Bill 4020 -- 4220. Senator Walsh. Take it out of the record. House Bill 4228. Senator Radogno. Senator Radogno. Take it out of the record. On the top of page 21, House Bill 4230. Senator Radogno. Senator Radogno. Take it out of the record. House Bill 4335. Senator Dillard. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 4335. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 4357. Senator Walsh. Senator Tom Walsh. Read the bill, Mr. Secretary.
House Bill 4357. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted one amendment.
Have there been any Floor amendments that have been approved for consideration? 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
No further amendments reported.
3rd Reading. House Bill 4397. Take it out of the record. House Bill 4438. Senator Myers. Senator Myers. Take it out of the record. House Bill 4444. Senator Karpiel. Senator Karpiel? Read the -- read the bill, Mr. Secretary.
House Bill 4444. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 4462. Senator Walsh. Senator Tom Walsh. Read the bill, Mr. Secretary.
House Bill 4462. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 4580. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 4580. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 4667. Senator Sullivan. Take it out of the record. House Bill 4680. Senator Dillard. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 4680. (Secretary reads title of bill) 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 4725. Senator Jones. Senator Emil Jones. Take it out of the record. House Bill 4779. Senator Burzynski. Senator Burzynski. Take it out of the record. House Bill 4938. Senator Walsh. Senator Larry Walsh. Read the bill, Mr. Secretary.
House Bill 4938. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 5140. Senator Radogno. Senator Radogno. Take it out of the record. Top of page 22. House Bill 5145. Senator Lauzen. Senator Lauzen. Take it out of the record. House Bill 5168. Senator Walsh. Take it out of the record. House Bill 5169. Take it out of the record. House Bill 5236. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 5236. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 5255. Senator Geo-Karis. Senator Geo-Karis. I'm sorry. Senator Parker. Take it out of the record. House Bill 5307. Senator Walsh. Take it out of the record. House Bill 5334. Senator Dillard. Senator Dillard. Take it out of the record. House Bill 5343. Senator Sieben. Senator Sieben. Take it out of the record. House Bill 5450. Senator Dillard. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 5450. 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 5592. Senator Dillard. Take it out of the record. House Bill 5593. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 5593. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 5610. Senator Sullivan. Take it out of the record. House Bill 5631. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 5631. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 5639. Senator Molaro. Senator Molaro. Read the bill, Mr. Secretary.
House Bill 5639. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 5647. Senator Dillard. Take it out of the record. House Bill 5657. Senator Petka. Senator Petka. Senator Petka. ...out of the record. Top of page 23. House Bill 5686. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 5686. 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 5839. Senator Tom Walsh. Read the bill, Mr. Secretary.
House Bill 5839. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 5911. Senator Dillard. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 5911. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 5941. Senator Sullivan. Senator Sullivan. Take it out of the record. House Bill 5996. Senator Parker. Senator Parker. Take it out of the record. House Bill 6004. Senator Jones. Senator Emil Jones. Take it out of the record. All right. House -- House Bill 6169. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 6169. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 6170. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 6170. 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 6172. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 6172. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 6173. Senator -- Senator Rauschenberger. Read the bill.
House Bill 6173. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 6175. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 6175. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. Senator Welch, for what purpose do you rise?
I have a question of the sponsor.
The sponsor -- Senator Welch.
Senator, we're wondering, are these vehicle bills or are they -- is there anything in them? 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
Senator Rauschenberger.
These are all in the vehicle posture, from our point of view. Some of them came over with House language, but it does not align either with the Governor's introduced budget or the Senate plan. We're just moving these as vehicles till 3rd Reading.
Senator Welch.
So you stripped off the House language before you moved 'em to 2nd?
Senator Rauschenberger.
No. Some of these passed at the Governor's introduced level, but we're treating them as vehicle bills. We have not amended these bills in any way. They're in the same posture they came over from the House. It's not our intention to pass them on 3rd Reading unless there's some kind of large budget agreement where these will be -- we're moving 'em in a vehicle posture, but we have not amended 'em.
PRESIDING OFFICER: (SENATOR KARPIEL) At the top of page 24 is -- are House Bills 2nd Reading. House Bill 6178. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 6178. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading. House Bill 6181. Senator Rauschenberger. Read 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 the bill, Mr. Secretary.
House Bill 6181. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading. House Bill 6184. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 6184. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading. House Bill 6188. Read the bill, Mr. Secretary.
House Bill 6188. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading. House Bill 6195. Senator Rauschenberger. Read the bill, Mr. Secretary.
House Bill 6195. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading. With leave of the Body, we'll -- we will return to House Bills on the Order of 2nd Reading. Page 23. House Bill 6004. Senator Jones. Emil Jones. Read the bill, Mr. Secretary.
House Bill 6004. (Secretary reads title of bill) 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 2nd Reading of the bill. The Committee on Transportation adopted one amendment.
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading. We will now be going to the Order of House Bills 3rd Reading. This is our deadline week for House Bills 3rd Reading, so it would be good if you could call your bill when it's called. On page 9, House Bills 3rd Reading, is House Bill 136. Senator Silverstein. Read the bill, Madam Secretary.
House Bill 136. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Silverstein.
Thank you, Madam President. House Bill 136 creates the new offense of conspiracy against civil rights. It increases penalties when hate crimes are committed within a thousand feet of a place of religious worship, an educational facility, a cemetery or crematorium, a park or an ethnic or religious community center. I know any -- no opposition and would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 136 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 51 voting Aye, none voting Nay, none 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 voting Present. And House Bill 136, having received the required constitutional majority, is declared passed. House Bill 1081. We'll -- with leave of the Body, we'll go back to that later. House Bill 1215. Senator Dillard. House Bill 1386. Senator Tom Walsh. House Bill 1436. Senator Cronin. House Bill 1440. Senator Cronin. Read the bill, Madam Secretary.
House Bill 1440. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin.
Thank you very much, Madam President, Ladies and Gentlemen of the Senate. I join Senator Demuzio in this effort to -- to address some of the issues that have caused us some concern at the State Board, specifically the appointment of the new Superintendent, when and if that happens. This bill simply provides that the Board shall determine the qualifications of and appoint, with the advice and consent of the Senate. This gives us an opportunity to, you know, share views with the Board and to work in collaboration to find the very best State Superintendent. I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 1440 pass. Those in favor will vote Aye. Opposed, vote -- vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 1440, having received the required constitutional majority, is declared passed. House Bill 1535. Senator Syverson. House Bill -- 1536. Senator 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Syverson. On the top of page 10 is House Bill 1918. Senator Clayborne. Senator Obama. Read the bill, Madam Secretary.
House Bill 1918. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Obama.
Thank you, Madam President. This bill amends the grievance procedure for exemption decisions in three ways. It lengthens the time allowed to file an application for a hearing from twenty days to sixty days after Department of Revenue has issued notice of decision. It provides a right to a rehearing, which is not provided for under current law. And in the case of property that is returned to the assessment roll by a Department of Revenue decision, it extends the time to file an application for a hearing from ten days to sixty days. It's a sensible piece of legislation. The intent of the bill is to provide further safeguards to assist Department of Revenue's responsibility for administering property tax exemptions. I know of no opposition and would ask for an affirmative roll call on behalf of Senator Clayborne.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 1918 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 1918, having received the required constitutional majority, is declared passed. House Bill 1961. Senator Radogno. House Bill 2370. Senator Luechtefeld. Senator 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Luechtefeld. House Bill 2370. House Bill 2671. Senator Thomas Walsh. House Bill 3662. Senator Clayborne. Senator Hendon, are you handling -- with leave of the Body, Senator Hendon, do you want to handle that for... Senator Obama. Senator Obama, you're not listed as a hyphenated cosponsor. Are you a cosponsor? Senator Hendon, you're -- you're the hyphenated cosponsor. Senator Hendon.
...I would like to have Senator Obama discuss this legislation for me, if -- if you'll permit.
PRESIDING OFFICER: (SENATOR KARPIEL) With leave of the Body, Senator Obama.
Thank you very much, Madam President. This bill pertains to an exemption for certain programs...
PRESIDING OFFICER: (SENATOR KARPIEL) Excuse me, Senate -- Senator Obama. Read the bill, Madam Secretary.
House Bill 3662. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) I'm sorry, Senator Obama. Now, discussion of the bill.
Thank you very much, Madam President. This bill amends the Child Care Act regarding definitions of a day care center. In particular, it exempts certain programs, in particular after-school programs for latchkey kids operated by private entities on the grounds of public or private elementary or secondary schools, from the definition of day care centers. It also specifies that the exemption only applies to the physical 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 facilities in which the after-school programs operate. The personnel of the privately operated after-school programs are still subject to the licensing requirements of the Department of Children and Family Services. And on behalf of Senator Clayborne and also Senator Hendon, I would ask for an affirmative roll call.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, shall House Bill 3662 pass? Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 3662, having received the required constitutional majority, is declared passed. House Bill 3672. Senator Mahar? Read the bill, Madam Secretary.
House Bill 3672. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Mahar.
Thank you, Madam President. This amends the School Code. In a provision concerning a school board employee being mobilized into active military service, it provides that active military duty shall not result in the loss or diminishment of any employment benefit, service credit or status accrued at the time the duty commenced if the duty commenced on or after September the 1st, '01. I know of no opposition.
PRESIDING OFFICER: (SENATOR KARPIEL) Is there any discussion? If not, shall House Bill 3672 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 all voted who wish? Take the record, Madam Secretary. On this question, there are 54 voting Aye, none voting Nay, none voting Present. And House Bill 3672, having received the required constitutional majority, is declared passed. House Bill 3697. With leave of the Body, we'll pass that for now. House Bill 3712. Senator Parker. House Bill 3713. Senator Luechtefeld. Read the bill, Madam Secretary.
House Bill 3713. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Luechtefeld.
Thank you, Madam President, Members of the Senate. Senate {sic} Bill 3713 amends the Vehicle Code and the State Finance Act creating a Public Broadcasting Fund and the Illinois Public Broadcasting System Stations special license plates. Like to take it out of the record, please. Take it out of the record, if you...
PRESIDING OFFICER: (SENATOR KARPIEL) Out of the record. Senator Parker, for what purpose do you rise?
For a point of personal privilege.
PRESIDING OFFICER: (SENATOR KARPIEL) State your point.
Thank you, Madam President. I have in the gallery constituents, Barbara Boigegrain and her daughter, Amelia Warren. And her son, Andrew Warren, is on the Floor with me today. Please welcome them. 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to Springfield. Senator Myers, for what purpose do you rise?
Thank you, Madam President. I also have a point of personal privilege.
PRESIDING OFFICER: (SENATOR KARPIEL) State your point.
To my right in the gallery are a group of students and teachers from Georgetown, Illinois. Like the Senate to recognize them, please.
PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to Springfield. And Senator Walsh, Thomas Walsh, what purpose do you rise?
Well, thank you, Madam President. While we're on this order of business, I have a -- a point of -- of personal preference {sic}. I'd like to introduce my Page for the Day, Caitlin Hitzeman, who is here today with her mother and father, Kevin Hitzeman and Mary Dempsey, who are up in the gallery. And if you could please welcome them to Springfield, I would appreciate it.
PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to Springfield. All right. Back on page 10, House Bills 3rd Reading, is House Bill 3714. Senator Hawkinson. Read the bill, Madam Secretary.
House Bill 3714. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Hawkinson. 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
Thank you, Madam President. This is the bill that provides that the Department of Corrections may not enter into a contract with a private vendor to provide food or commissary services for institutions or facilities of the Department. This would apply only to those institutions under the Department of Corrections that are covered under the Private Correctional Facility Moratorium Act. This is brought on behalf of guards and other employees at our prisons who firmly believe that to privatize these services would raise a safety issue for persons in the Department of Corrections. It's also supported by a consortium of private businesses who currently are vendors and supply food and other commissary items to Corrections. I would be happy to try and answer any questions. Otherwise, I would ask for your support in passing House Bill 3714.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? Senator Watson.
Yes. Thank you very much, Madam President. I, too, rise in support of Senator Hawkinson in regard to House Bill 3714. One of the first things that happened when the privatization issue came up was, I contacted the correctional centers in my area and, of course, as Carl mentioned, the safety factor is a major issue, let alone the jobs and the economic impact that it may have in our respective districts. But I asked for information as to what kind -- what vendors supply you both in the commissary and in the kitchen. And I got a list of those -- all those vendors back from the correctional centers, and then I wrote to them and asked them if they were aware of this privatization issue and what it could very well do to -- to their businesses. The response I got was unbelievable, that most -- most of 'em weren't aware, first of all, that -- that it was being considered. And then secondly, 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 many of the vendors simply -- the large percentage of their business is with the Department of Corrections. And these are vendors that are in our communities. They're not necessarily located in the -- in the community in which the correctional center is housed. They're spread throughout the State of Illinois. They would -- have been negatively impacted. People would have been laid off. It would have been a major problem, obviously, for the vendors. And -- but the main thing, of course, is those people who work inside the institutions, make sure that their safety and the concern that we have for them is maintained. And I think this legislation will do that, and I obviously oppose the privatization step that was taking -- that had been taken by the Governor and by the Department of Corrections. And hopefully, this will remedy that -- that issue. Thank you.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Luechtefeld.
Thank you, Madam President and Members of this Senate. I rise in support, also, of Senator Hawkinson's bill. I probably have more corrections officers in my district than maybe any other Senator in this Chamber. I've spent some time, for instance, in the -- in the cafeterias in which they are thinking about privatizing. You know, I -- I know that we have budget problems, and I know that there have to be cuts made. I think those cuts need to be cuts that make -- that -- that will work and that make some sense and that three and four years from now, we're glad we did. I think this is something that simply doesn't work very well. I think it's very difficult to bring a private vendor into a facility like that, to work with prisoners. The private vendor, obviously, has making a profit on his mind. You either have to cut services or cut salaries. It -- it is simply something, I 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 think, that doesn't work, especially from a security standpoint. And again, I -- I know that there have to be cuts made, and hopefully we can maybe find some of the -- some of the things -- in fact, I have a list of things that people have sent me from the prisons saying that, you know, if you want to cut something, here are some things that we can cut, which we have passed on to the Department of Corrections. Again, it's something, I think, that simply doesn't work and that we would regret down the line. And I would hope that we -- we support this overwhelmingly.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Woolard.
Thank you, Madam President and Ladies and Gentlemen of the Senate. I think that without question this is one of those issues that we've dealt with through the years that has proven to be ineffective. I think that everyone that has been around the prison system recognizes that there is no savings with these kind of operations that are instituted in the various institutions that they are working in some other states. Let me just say that those ladies and gentlemen who work in our correctional facilities, not just those who are going to be replaced by the privatization if, in fact, the Governor is successful in his plan, those people who work there beside them can be in jeopardy. Those people who now are employed at these facilities who are overseeing the kitchens, who are overseeing the feeding of our prisoners are trained individuals who have the ability to recognize when someone is doing something that is not right, someone who could jeopardize the health and safety of, first, the prisoners, but more importantly, those guards and individuals who work in those facilities. And in turn, this is where all of those riotous conditions start. And each and every time that we have looked at a riot within a prison system, the incident that precipitated it 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 either happened in the yard, where the -- where the people were training or -- or were recreating, or in the facility that was feeding them, where that there are masses gathered together. We have to have the best professionals working and supervising these types of facilities. In order to ensure that, we have to keep those individuals who have trained and been doing this job for many years before. I believe, without question, this is one of the best pieces of legislation that we'll have before us to protect the interests of all the citizens of this State, including those guards who work in these facilities. I would encourage you to join us in supporting this great piece of legislation.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Trotter.
...much, Madam President. I, too, rise in support of this legislation. In our haste -- or, in our deliberations of trying to find solutions and recommendations of how we're going to be -- get back on the right track, we've had many suggestions come before us. Many of 'em have been good. Many of 'em have been bad. Privatizing food services at the prisons would be bad at this time. There is no guarantee of savings that we can realize in the near -- near future, as Senator Woolard pointed out. In fact, thing is, is that we also may be compromising security if we pass legislation different from this one. So, I compliment the sponsor for standing up to the Governor in this interest -- on this issue and looking forward to passing good legislation that's going to protect the welfare of our citizens and the welfare of those guards who have -- and the cooks who have the responsibility of protecting us. So thank you very much, Senator.
PRESIDING OFFICER: (SENATOR KARPIEL) There appears to be quite a bit of noise coming from the side there. Not -- not so much in the Chamber. Outside the Chamber. 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 So if we could have that quiet, please. Further discussion? Senator Shadid.
Thank you, Madam President. I also stand in strong support of this legislation by Senator Hawkinson and for all the reasons that have been stated with the prior speakers. I think it's extremely important that we do whatever we can to keep our employees safe in working in those prisons that are very dangerous places to work. So I would urge everyone to support this legislation.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator DeLeo. SENATOR DeLEO: Thank you, Madam President. Because of a potential conflict, I'll be voting Present on this matter. Thank you.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, Senator Hawkinson, to close.
Thank you, Madam President. I would urge your support of House Bill 3714 for a number of reasons, and they've been mentioned by the other speakers in support, primarily, the safety of the men and women who work in our correctional institutions every day and the need to have qualified, highly trained people conducting these operations; secondly, for the many small businesses who supply and are vendors to our Department of Corrections and who would probably lose their contracts were we to go to privatization; and finally, the projected cost savings that have been talked about probably would not occur. We had a study by the Legislative Research Unit that had several studies, one in 1984, nationally, which found no cost savings. Some cost savings were found, of a minimal nature, in a 1998 study. But probably the best example is the one institution in Joliet where we have contracted for the past twenty years, and for Fiscal Year 2000, 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 their average cost -- per meal was actually slightly above the averages for other correctional facilities. So, for all those reasons, but primarily for the safety of the people who work every day in these institutions, I would ask for your green vote in support of House Bill 3714.
PRESIDING OFFICER: (SENATOR KARPIEL) The question is, shall House Bill 3714 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On -- on this question, there are 47 voting Aye, 7 voting Nay, 1 voting Present. And House Bill 3714, having received the required constitutional majority, is declared passed. House Bill 3717. Senator Dillard. House Bill 3744. Senator Roskam. Read the bill, Madam Secretary.
House Bill 3744. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Roskam.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This is -- Senate Bill -- or, House Bill 3744 is an initiative that would require school boards to adopt or implement a policy prohibiting school personnel from recommending the use of psychotropic drugs for students. We're trying to do is insulate parents from being manipulated into their children being forced to get on drugs, like Ritalin and so forth, when maybe that's not in the -- best interests of the child. It came out of this -- the Education Committee unanimously. I'm not aware of any opposition. It does not insulate, however, a child from the consequences of bad behavior. But what we're trying to do is say, 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 "Look, a school board's got to have a policy to deal with this and should not be in the business of practicing medicine." I'll do my best to answer any questions.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 3744 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 3744, having received the required -- constitutional majority, is declared passed. On the top of page 11 on your Calendar is House Bill 3774. Senator Sieben. Read the bill, Madam Secretary.
House Bill 3774. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sieben.
Thank you, Madam President. This legislation amends the School Energy Conservation Article of the School Code and makes the provisions of this Article applicable to area vocational centers, as well as school districts, and it also extends the -- the terms that can be in these contracts from ten years to twenty years. I know of no opposition. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 3774 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 voting Present. And House Bill 3774, having received the required constitutional majority, is declared passed. House Bill 3794. Senator Molaro. Read the bill, Madam Secretary.
House Bill 3794. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Molaro.
Thank you, Madam President, Ladies and Gentlemen of the Senate. What this bill does is, now, if your license has been expired for more than six months or if you never had a driver's license - we're not talking about whether it's been suspended or revoked; this is if you never had a license or it's been expired for six months - and you were stopped and -- and you were driving the car, before it was a petty offense. This just moves this up to a Class B misdemeanor. This is just to show the public policy, that we take a little more seriously than we have in the past. That if you're driving without a license, you know, just go take the test, get your license so we don't have all these unlicensed drivers on the street. And that's what the bill does.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 3794 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 3794, having received the required constitutional majority, is declared passed. House Bill 3812. Senator Watson. House Bill 3998. Senator Shaw. House Bill 4014. Senator Cullerton. House Bill 4037. Senator Sieben. Read the 30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 bill, Madam Secretary.
House Bill 4037. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sieben.
Thank you very much, Madam President. Ladies and Gentlemen of the Senate, this legislation is an initiative of the Illinois optometrists' association and would establish a scholarship fund for students pursuing a degree in optometry. It would allow them to provide ten five-thousand-dollar scholarships and using that from their -- their license fee -- some of the surplus money in their license fee to provide for that scholarship. Know of no opposition. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4037 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4037, having received the required constitutional majority, is declared passed. House Bill 4066. Senator Bowles. Read the bill, Madam Secretary.
House Bill 4066. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Bowles.
31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 ...and Members of the Senate, this bill deals with the remnants of the Mississippian's central city, which is known as Cahokia. And Cahokia was designated a World Heritage Site in 1982 by the United Nations Educational, Scientific, and Cultural Organization for its vital contribution to the understanding of North American prehistory. I gave you that little prelude so that you would understand the significance of this piece of legislation. It amends the Deposit of State Moneys Act and permits the State Treasurer to deposit State moneys at a reduced interest rate with a financial institution that agrees to use moneys equal to the interest reduction for the preservation of Cahokia Mounds. In other words, if we had a rate of, say, three and -- three and three-quarters and three and a half was paid to the lender, and one-fourth was put into a fund for the preservation of Cahokia Mounds. What has happened is this - so that I give you a little bit better insight of what's going on - in that areas are being excavated that do not belong to the Mounds, and it's territory that we would like to acquire. And the artifacts are being destroyed because they're just taking front loaders, dumping the dirt into trucks and hauling it away, and the artifacts that are in that dirt are being destroyed and lost forever. I would be responsive to any question. If there are none, I would ask for an affirmative vote to this very significant piece of legislation.
PRESIDING OFFICER: (SENATOR KARPIEL) Is there any discussion? If not, the question is, shall House Bill 4066 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4066, having received the required constitutional majority, is declared passed. Senate Bill -- I 32 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 mean, House Bill 4074. Senator Munoz. Read the bill, Madam Secretary.
House Bill 4074. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Munoz.
Thank you, Madam President, Members of the Senate. House Bill 4074 basically defines "electronic criminal surveillance officer" to include a retired law enforcement officer who's certified by the Illinois State Police to intercept private oral communications. The bill is a State's attorney bill. The reason why they wanted this was to save money, and it's also a chance for retired law enforcement officers to make some extra money. It does not entitle them to carry any type of a firearm, in any shape or form.
PRESIDING OFFICER: (SENATOR KARPIEL) Excuse me -- excuse me, Senator. Senator Munoz.
Thank you. As I stated, this does not entitle any one of the surveillance officers to carry any type of weapon, and they do have to be certified by the State Police in order to be qualified to work as part-time for the State's attorney. And they can be State Police, any municipality within the county, as well as the State. There's no known opposition. I'd be willing to answer any questions.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4074 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who 33 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 54 voting Aye, none voting Nay, none voting Present. And House Bill 4074, having received the required constitutional majority, is declared passed. House Bill 4078. Senator Roskam. House Bill 4081. Senator Parker. House Bill 4082. Senator Myers. Read the bill, Madam Secretary.
House Bill 4082. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Myers.
Thank you, Madam President, Members of the Senate. This bill amends the Property Tax Code to set a minimum dollar amount for letters of credit at annual tax sales. Under current law, those who want to bid on delinquent taxes at an annual sale must deposit a letter of credit with the county treasurer. This letter or other unconditional bond must be deposited no less than ten days prior to the sale and must be at least one and a half times the amount of the taxes due on the property. This bill states that the amount of the letter of credit must be at least a thousand dollars. I know of no opposition, and would ask for a positive vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Lauzen.
A question for the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) She indicates she'll yield.
Senator, the net impact of this bill is -- doesn't it shift 34 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 the fee from -- the fee -- one of the costs of doing business for people who do these transactions -- from the people who do this for a business, back onto the person who is trying to reclaim their home?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Myers.
What this bill does is encourage a title search. In -- in the past, there have been titles that have been passed or properties have been passed, and it's a hundred and twenty -- a hundred-and-twenty-five-dollar fee, which is the usual fee for a title search. What this does, and the positive thing of this bill, is that it ensures that the property is adequately researched by a title company, which is a positive for the person who ends up with that piece of property.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Lauzen.
I guess to clarify my question, let me ask a -- a different question then. Who currently pays for that title search? Isn't it the company?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Myers.
Part of the problem is that there usually is no title search under the current plan. What this -- changing this would do was -- would encourage there to be one. I was a county recorder, and often there were problems with titles and -- and with the property that was purchased 'cause generally a tax buyer is purchasing land that is not clearly defined, in many cases. It isn't the kind of Lot 2, J.H. Smith's subdivision. This is land that's much more difficult to define the -- the parameters of. What this does, I 35 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 believe, is to encourage a title search so that you actually would know the dimensions of this piece of property and have a -- a proper legal description.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Lauzen.
Just one final question. I guess I should ask, when a title search is done - because I would agree with you that a title search is a good thing to do - when a title search is done now, before this bill is enacted, isn't it the company that's going to take over the property, don't they do it now to protect themselves?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Myers.
That is the way it is done, but often in a situation like this where there's a tax buyer involved, there is no title search. They do their own search and often the search, for reasons that might not even be their own fault, because this, as I say, is property that is not clearly defined in many cases -- this would encourage there to be a title search. So you can look at it either way. That's the way I look at it. And as a former recorder, we appreciated it when there was a title search so that everybody involved actually knew exactly what the piece of property was.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Hawkinson.
Thank you, Madam President. Will sponsor yield?
PRESIDING OFFICER: (SENATOR KARPIEL) She indicates she will.
36 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Senator, from your last response, is there -- is there any requirement that a title company have to do the search here, as opposed to a private attorney or the tax buyer doing the search herself?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Myers.
No.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, Senator Myers, to close. Do you want to close?
Would appreciate a positive vote.
PRESIDING OFFICER: (SENATOR KARPIEL) All right. The question is, shall House Bill 4082 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 53 voting Aye, 1 voting Nay, 1 voting Present. And House Bill 4082, having received the required constitutional majority, is declared passed. House Bill 4106. Senator Sullivan. Read the bill, Madam Secretary.
House Bill 4106. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 4106 creates the Tax Refund Anticipation Loan Disclosure Act. It requires fees and other disclosures to be made 37 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 by the person who loans, which -- which those loans are to be paid directly from the borrower's income tax refund. There's no known opposition. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4106 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4106, having received the required constitutional majority, is declared passed. Senate -- House Bill 4118. Senator Sieben. Read the bill, Madam Secretary.
House Bill 4118. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sieben.
Thank you very much, Madam President. This legislation is brought to us from the Illinois Department of Public Health. Contains two simple provisions. The first provision gives the Department of Public Health the authority to issue shellfish certificates, and the second provision clarifies the Department's authority to issue certificates of free sale. I'd just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4118 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none 38 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 voting Present. And House Bill 4118, having received the required constitutional majority, is declared passed. House Bill 4129. All right. On the top of page 12 is House Bill 4130. Senator Dudycz. House Bill 4157. Senator Sieben. Read the bill, Madam Secretary.
House Bill 4157. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sieben.
Thank you very much, Madam President. This legislation creates the Illinois Investment and Development Authority Act to establish the Illinois Investment and Authority -- Illinois Investment and Development Authority to support the creation and growth of community development financial institutions which provide access to capital for business development, capital investments and other financing to expand private-sector activities in economically disadvantaged communities and for low-income people. I'd ask for your Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4157 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 52 voting Aye, 2 voting Nay, none voting Present. And House Bill 4157, having received the required constitutional majority, is declared passed. Senator Shadid, for what purpose do you rise?
A point of personal privilege, Madam Chairman. 39 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
PRESIDING OFFICER: (SENATOR KARPIEL) State your point.
I'd like to make two announcements. There are two birthdays. One was yesterday, and it was Senator -- Viverito. But -- I'd like to tell you how old he is, but he wouldn't tell me. He doesn't want to celebrate anymore birthdays, he said. So, happy birthday anyway, Lou. Also, today is Senator Demuzio's birthday and he wants to announce it to everyone that he is sixty-one years old. He's going to catch Lou if Lou doesn't acknowledge his birthdays in the future. So, let's have a happy birthday for Senator Demuzio.
PRESIDING OFFICER: (SENATOR KARPIEL) Happy birthday to Lou and Vince. All right. On page 12 is House Bill 4159. Senator Sullivan. Read the bill, Madam Secretary.
House Bill 4159. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 4159 provides that the State Treasurer may invest in bonds of a foreign government that are guaranteed by the full faith and credit of that government as to principal and interest. It's supported by the Jewish Federation. There's no known opposition. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Lauzen.
40 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Just a question for the sponsor. Has there been a prohibition? Now, on our analysis, it says bonds of the Israeli government. Is it for all governments, though? That's how I've had it described to me in other pieces of literature about this bill. Is this for all governments or just the Israeli government bonds?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
Senator Lauzen, it would be for a foreign government that has previously met all its similar payment obligations for a period of at least twenty-five years immediately before the time of acquiring those obligations.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Lauzen.
Can you -- can you share with us, was there a prohibition against those types of investments in the past? And why was there a prohibition like that?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
It -- it has not been written in law that they could do it. I don't know if that would be a prohibition, but it has not been written in law that the -- the Treasurer could do this.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Lauzen. Put your light on, please.
Then -- then why would it be necessary, if that's the -- why is this necessary?
PRESIDING OFFICER: (SENATOR KARPIEL) 41 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Senator Sullivan.
This would make it permissive for her to do this -- for the Treasurer to do this.
PRESIDING OFFICER: (SENATOR KARPIEL) ...discussion? Senator Syverson.
Thank you. Just want to follow up on Senator Lauzen. Does the law currently permit this now?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
It doesn't prohibit it or permit it. So, I guess it would be prohibited, because it's not permitted.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator -- Senator Syverson.
I guess I'm a little confused. If there was a moratorium on it, yet it wasn't -- it was -- it is permissive now to do that?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
It's simply that there has not been any action -- any proactive action taken by the Legislature to do this, to allow this.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Syverson.
Are there going to be some rules and regulations on -- on -- besides having the track record of being able to repay bonds, are we going to be looking at which countries we're going to be investing in to see if they are -- if they are allies and if this 42 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 is, necessarily, the best thing to do? Obviously, helping Israel makes sense, but if we're taking Illinois dollars and investing them overseas, is this -- are there going to be rules that, I guess, guide us so this doesn't hurt Illinois' economy and whether or not we're going to be investing with allies or non-allies?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
Politically, I can't imagine that a Treasurer would want us to invest with a non-ally to begin with, but there are specific requirements in the legislation that there has to be a very serious track record of a country having a good financial background.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Hawkinson.
Thank you, Madam President. Will sponsor yield?
PRESIDING OFFICER: (SENATOR KARPIEL) Indicates he will.
I'd like a little better answer to the last question, and maybe if we rephrase it. Is there -- are there any federal prohibitions against trading with countries who have been designated by the President or the Congress to not be trading partners, who are sponsoring terrorism or the like, who we would be prohibited from dealing with, or is this open to anybody who pays their bill -- has paid their bills for twenty-five years?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
I do not know the answer to the question, is there a federal list of countries that you can do business with. Obviously, there 43 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 are countries that the federal government does not allow us -- or, some of our corporations to do business with. So I would make the assumption that those countries would be off limits and they're probably -- they probably wouldn't meet these qualifications anyways.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Hawkinson.
Is there any reason you -- wouldn't want to know the answer to that question, however, before you send this to the Governor's desk?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
This -- this legislation is drafted very narrowly, almost exclusively for Israel -- Israeli bonds.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Hawkinson.
We all support that, but I don't think any of us would support someone who would want to buy Iraqi -- bonds right now. And I just think you ought to have an answer to that question. I'll support your bill if you want to -- to go forward today, but I would think before this becomes final law with the Governor's signature, we would want to know what the federal rules are.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator -- oh. Senator Sullivan.
I -- I will find the answer to that question. I'll take it out of the record and come back to it tomorrow.
PRESIDING OFFICER: (SENATOR KARPIEL) All right. House Bill 4187. Senator Watson. Read the bill, 44 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Madam Secretary.
House Bill 4187. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
Yes. Thank you, Madam President. This legislation provides that the Bright Start program, similar to the Illinois college program, account shall be considered when student is applying for financial aid. It clarifies that only a direct contribution, not rollovers, into the Bright Start account will be eligible for the tax deduction. That saves a considerable amount of potential money. Clarifies that interest accrued on the Bright Start/College Illinois! accounts will not increase a taxpayer's income tax liability.
PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Rauschenberger.
Thank you. Senator Watson, I -- I -- I wonder if you'd respond to a question.
PRESIDING OFFICER: (SENATOR KARPIEL) Indicates he will.
Why would we not -- why would we explicitly exclude the value of a -- of a Bright Star {sic} account that a student might be the beneficiary of in considering their status for financial aid?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
Well, I think that people that put their money away and save 45 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 should be given consideration for participation in the program. I don't think it should be a penalty.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger.
But, Senator Watson, we would -- we would consider the assets held by a family if it was in a 401K or other tax-deferred accounts that could be used for education based on the federal Tax Code. I just don't know why we would accord Bright Star a special status. I mean, if we're trying to preserve the MAP program for students with need, if -- if a student's got a two-hundred-and-fifty-thousand-dollar Bright Star account, why would we exclude that and allow them, perhaps if their parents were retired, to qualify for a MAP award instead and bump another student out?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
We understand that -- from the Illinois Student Assistance Commission, that the people who you are referring to probably wouldn't qualify for a MAP grant anyway based on their, as you said, their assets or income, whatever it might be.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger.
Well, I understand there could be a circumstance where someone was rich and had a Bright Star account, but you could have a circumstance where an uncle made the -- the donation to the Bright Star account to benefit the student. But if the student has assets in the Bright Star account, I -- I still am troubled by why we would -- we would exclude that from consideration as we did our needs-based scholarship program. I, you know, I -- just seems to 46 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 me to be kind of an anomaly and could, you know, have the effect of reducing, you know -- because our -- our MAP program is subject to appropriation. So ISAC, the Student Assistance Commission, establishes its criterion based on the amount of appropriation. So, if there are fifteen Bright Star beneficiaries who get a MAP scholarship, that means, likely, that there are fifteen students, who would have been the next fifteen considered, don't get one. Just give it some thought.
PRESIDING OFFICER: (SENATOR KARPIEL) Further -- further discussion? Senator Welch.
Yes. I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) Indicates he'll yield.
Senator, it's my understanding that if -- if I'm going to contribute to the Bright Start program, but I can get a better rate of return in, say, Nebraska than Illinois, I won't get any tax break in Illinois for going through a Nebraska-type program. Is that true?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
Yes.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Welch.
Illinois' program is limited to purchases through Salomon Smith Barney. Is that correct?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
47 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 ...were originally the -- the holder of the assets. But from what I understand, the Treasurer's Office has been negotiating with financial institutions within the State to offer this program through a local bank. Putnam and MFS are two managers that they've been -- had discussions with also.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Welch.
Actually, Salomon Smith Barney is the only company you can go through in Illinois. Now, when -- when you go through Salomon Smith Barney, they charge a fee of less than one percent - .99 one-hundredths of one percent - for a -- for a handling fee. Is that correct?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
Yes, that is correct.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Welch.
And out of that fee, doesn't five one-hundredths of a percent go back to the Treasurer for promoting the program? Five one-hundredths of one percent of whatever goes into Salomon Smith Barney's program come back to her to promote the program.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
I understand that there is some that comes back to the Treasurer's Office. This bill doesn't have anything to do with that, by the way. You're arguing -- you're arguing about the -- or discussing the program as -- in general. This legislation doesn't necessarily address that. 48 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Welch.
What -- what you're saying is that you have -- to get the Illinois credit, you have to go through Salomon Smith Barney. So it is relevant because of the load that they charge at Salomon Smith Barney to go through their program, which is just about one percent. But the point here is that included in that load for every consumer, when you go through the Illinois program, what they don't realize is that they are paying for all those TV ads that you see on TV with Judy Topinka pushing this program and talking to these kids. It's over a million dollars in advertising that the State of Illinois consumers are paying for that there's no disclosure on. The people who are in this program don't know that those ads on TV aren't being paid for by Salomon Smith Barney. They're being paid for by the person investing in the Bright Start program. Five one-hundredths of one percent goes back to the Treasurer's Office to promote it. Her choice to promote the program is to be on television. So, by making sure that you only get an Illinois tax credit by investing through Salomon Smith Barney, in the only option available to consumers, in effect, what she's saying is that you have to go to the program that lets me get on TV for free advertising. And I think that's wrong, and I intend to vote No. Thank you.
PRESIDING OFFICER: (SENATOR KARPIEL) Further -- further discussion? Senator Roskam.
Thank you, Madam President, Ladies and Gentlemen of the Senate. I rise in strong support of House Bill 4187. I think in answer to Senator Rauschenberger's earlier question, what we're trying to do -- you know, so many times in government programs, the unintended consequence is that people may choose not to take 49 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 advantage of a good, good program that's -- very well thought-out, because they say, "Well, if I sacrifice now, you know what's going to happen? It's not going to have any impact on me later. I'm going to get the same -- the same scholarship program. My children will get the same financial aid." And what we'll do is we will be -- we will create an environment where -- where folks feel like they can coast. Because, let's face it, we've all -- we've all been inundated by various contacts and various constituents over these past few weeks that have said - and even in my area - they've all said, "Hey, I want you to go down there and I want you to cut State government, but don't touch that MAP program. That one's a good one." So, what I'm saying, and the reason I'm rising in support of this, is what -- what the Senator is trying to do is to create an environment where more people participate in the Bright Start program. And the bottom line is, if they -- if they get the feeling like there's a good advantage to them, then I think they're going to participate. It's well thought-out. In answer to the previous speaker, you know, if you -- if you run the numbers on a Bright Start program, the Illinois tax deduction is an advantage up until you have about fifty thousand dollars in the account. Then the load from Salomon Smith Barney doesn't make as much financial sense. But wouldn't that be a nice problem for us to have? Wouldn't that be a fabulous problem for the State of -- State of Illinois to have, to have all of these people that have fifty thousand dollars in their accounts? I think it's a well-thought-out program. I think it makes a lot of sense. Those of us who've been down here know that many times the unintended consequence of a government program is folks get the feel that they can coast. And that is an insidious mentality, and I think we need to fight against it. So, I rise in strong support and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) 50 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Further discussion? Senator Molaro.
Thank you, Madam President. Just briefly, there -- there's no question that 529 plans are going to be the next big thing. I mean, everybody who's doing these 457 and 401K plans, now what a lot of employees are -- are talking about are the 529 plan. This, of course, just passed about a year ago. And just so we understand this, almost every state that has this has their own state program, and unfortunately they set it up where you have to go through one firm, be it Salomon Smith Barney or First Union or whatever -- whatever it may be. I've questioned the Treasurer and the Treasurer's people, and as Senator Watson said, they are opening it up to where there will be other vendors and where Salomon Smith Barney will just become more or less a -- an administrator and there will be a bunch of vendors that you can go through. Notwithstanding what Senator Welch said, and that's -- that's a good question about this five percent. And we'd like to get an answer on that. However, one of the real reasons I'm rising, even though I think it's a good idea and I'm going to be voting Yes, maybe when it goes to the Governor's desk, because I don't think -- and Senator Watson, I don't think there's an amendment on this bill. This is -- we didn't put an amendment. This is going straight to the Governor's desk, I would assume? If that's the -- if that's the case, there was one part that I was -- I was not aware of, and that's what Senator -- Senator Rauschenberger brought up about this part where it's not considered when you get an award, what it does mean. But looking at the analysis, Senator Rauschenberger, looks like College Illinois! has that status already. So, you know, maybe the Governor could take a look at whether he wants -- College Illinois! as well as Bright Start. What Senator Welch brought up is -- it's a good thing, and -- and, Senator, you were right. The 51 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 sponsor was right. It really has nothing to do with this bill, except to bring it in -- bring it to where it's at. So, I think we should take a look at this. We vote Yes, but have the Governor take a look at what we -- what we brought up earlier. Thank you.
PRESIDING OFFICER: (SENATOR KARPIEL) All right. Senator Watson, to close.
Yes. Thank you very much. I appreciate the comments. I'd have to say that the Bright Start program is one of the more significant things we've done and more successful things we've done here in the General Assembly. This has created about a three-hundred-million-dollar account right now, people saving for their children's college. Terry Savage of the __________________ Chicago Sun-Times did a comparison of several other programs and said, "In comparing both performance and fees, Bright Start comes out a winner - near the top of the class!" David Nicklaus of the ___________ St. Louis Post-Dispatch _____________ wrote in a story in January about Bright Start. He said, "The bottom line, you get solid investment, results at a reasonable price." And Joe Hurley at the Savingforcollege.com, which compares various college savings programs, has ranked Bright Start among the best in the nation by giving Bright Start his highest ranking. So I think that this, obviously, has been a success. The marketing that's been done by the program created a lot of the success. And sure, it costs money, but it's very reasonable at the rate that they -- that they're spending now. So, I think this is an excellent program. We should continue to support it, and I ask for your support.
PRESIDING OFFICER: (SENATOR KARPIEL) All right. The question is, shall House Bill 4187 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this 52 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 question, there are 49 voting Aye, 4 voting Nay, 1 voting Present. And House Bill 4187, having received the required constitutional majority, is declared passed. House Bill 4208. Senator Madigan. Read the bill, Madam Secretary.
House Bill 4208. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Madigan.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 4208 is identical to Senate Bill 1303 that passed out of here last year unanimously, but an amendment kind of hijacked it over in the House and so we nonconcurred. What this bill does would allow and actually require the Department of Children and Family Services, when a child is up for adoption, to determine if there are any other siblings of that child that have been adopted, and if so, to notify those adoptive parents that there's a sibling available for adoption. So that if somebody would want to, they could keep a family together through the adoption process. This came to me through a constituent who adopted a child and would have adopted the sibling had she known that the sibling was in the system. And this would just clarify it so that DCFS would have to make a good-faith effort to do this. I'd be happy to answer any questions, and I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4208 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. 53 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 4208, having received the required constitutional majority, is declared passed. House Bill 4214. Senator Sullivan. House Bill 4245. Senator Sullivan. Read the bill, Madam Secretary.
House Bill 4245. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 4245 provides that the penalties for the illegal manufacture or delivery or for the possession with intent to manufacture or deliver one gram or more, rather than the current ten grams, but less than fifteen grams of a substance -- containing heroin is a Class 1 felony. This brings heroin penalties in line with cocaine penalties.
PRESIDING OFFICER: (SENATOR KARPIEL) Are there any -- any discussion? Is there any discussion? Senator Molaro.
Yes. Will the -- will the -- thank you, Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he will.
Okay. So, now, we're talking -- there -- there are people who actually possess drugs, and then, of course, you have possession with intent to deliver. So, when you have possession with intent to deliver, it's a Class X felony. And the reason we came up with 54 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 that is so we can stop traffickers, so to speak. So, in other words, possession with intent to deliver. So we're going to put on that when you charge 'em with this crime, they're delivering it. What -- what makes this go to one gram now, considering delivery? I mean, because, obviously, with all the overcrowding in the jails and everything else and making everything mandatory, and mandatory jail times and, you know, we're having problems as it is. I mean, the Governor's closing prisons. I mean, what -- what's the move behind this? What are we trying to accomplish by this, Senator?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sullivan.
We're trying to take away the tactical advantage of selling heroin right now. It -- to bring the heroin penalties in line with cocaine penalties. Right now, in large part, on the west side of the City of Chicago where sixty percent of the arrests for heroin use happen for -- for Cook County, sixty percent happen in two districts on the west side of the City of Chicago. What happens is, you have a dealer who has -- gets twelve packets, one gram each. So he's under the fifteen-gram limit, and he sells his twelve for ten dollars a pop. And then he goes, gets the next twelve. So he's under the limit and he's going to get a slap on the wrist and keep going. This is a way to fight that and deter heroin use.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Molaro.
Okay. I -- you know, I'm not going to keep fighting this anymore, but it -- it certainly makes sense to me. We got to go after traffickers, and -- and it seems this bill -- the unintended consequence of this is, when -- when you wind up going to court, 55 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 the State's attorneys are going to prosecute to the fullest extent of the law - I mean, they aren't going to look to what we're -- we're intending here - and you're going to get a lot of -- a lot of people who are just users being unable to get probation. Your example certainly makes sense. I mean, you get somebody, and if they're -- if they're going to use the law so -- to protect traffickers, we got to look for a way not to do that. However, what it comes down to and says, "Okay, well, if you're caught with a small amount, you -- you can't get probation." I mean, so in other words, you're a user. You're not -- you're not a trafficker. And you're going to -- send all these users where you appear before the judge. The judge has to sentence 'em to jail. The State's attorney's not going to -- not going to go out and -- and -- and -- and reduce these. And I -- I just think it's a mistake. I mean, so -- if you could respond to that, I would appreciate it.
PRESIDING OFFICER: (SENATOR KARPIEL) Was that a question? Senator Sullivan.
The -- the purity levels of heroin has dramatically increased in the last twenty years. This is a logical step to bring the penalties for heroin use at the same level that they are for cocaine use. We're not trying to increase it over that. Just bringing it in line with cocaine use.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Munoz.
Thank you, Madam President. I rise in support of this bill. Ladies and Gentlemen of the Senate, as Senator Sullivan stated - I work the west side of the City of Chicago - what a lot of the drug dealers' intent -- were doing after getting caught with selling cocaine and they know there's a lesser charge for selling heroin, and at one time it was a lot cheaper, they would result to using 56 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 that and selling heroin. But by all means, heroin -- they can not only inject it, it can be snorted. A little packet of heroin -- you can have anywhere from fifty, sixty packets of heroin stashed anywhere on the side of the street, in other parts of the body, which I care not to speak about. But, Ladies and Gentlemen, this bill would be very crucial for the entire City of Chicago, as well as State of Illinois. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, Senator Sullivan, to close.
Well, as our police officer/colleague, Senator Munoz, just pointed out, this will help out the police and the State's attorneys to take the tactical advantage of heroin use off the streets. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) All right. The question is, shall House Bill 4245 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 54 voting Aye, 1 voting Nay, 1 voting Present. And House Bill 4245, having received the required constitutional majority, is declared passed. House Bill 4255. Senator Parker. Read the bill, Madam Secretary.
House Bill 4255. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Currently under current law, there is no license that 57 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 needs to be obtained prior to practicing electrology. What this bill does is create the Electrology {sic} (Electrologist) Licensing Act and establishes licensure requirements for the practice of electrology. I would be glad to answer any questions and ask for a favorable vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4255 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 55 voting Aye, 1 voting Nay, none voting Present. And House Bill 4255, having received the required constitutional majority, is declared passed. House Bill 4321. Senator Parker. Read the bill, Madam Secretary.
House Bill 4321. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill amends the Criminal Code for enhancing penalties and lowering thresholds for financial fraud committed against persons seventy and eighty years of age or older. It increases the above penalty to a Class 1 felony if the elderly person is eighty, and increases the penalty to a Class 1 felony if the elderly person is seventy and the value of property is fifteen thousand dollars or over. I would be glad to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not -- excuse me, the question is, shall 58 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 House Bill 4321 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill -- 4321, having received the required constitutional majority, is declared passed. House Bill 4337. Senator Myers. Read the bill, Madam Secretary.
House Bill 4337. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Myers.
Thank you, Madam President, Members of the Senate. This bill amends the Property Tax Code to eliminate the continuing education requirement for certain assessors. There are certain qualifications that anyone who is an assessor has to have, whether they're appointed or elected, and this bill adds a new possibility: If the person has served as a supervisor of elections {sic} (assessments) for twelve years or more, a Certified Illinois Assessing Official certificate from the Illinois Property Assessment Institute with a minimum of three hundred and sixty additional hours of successfully completed courses approved by the Department if at least a hundred and eighty of the course hours requiring {sic} a written examination. I think that this recognizes long service and education that has been enacted by this assessor over several years. I think it makes sense, and I'd ask for a positive vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Is there any discussion? If not -- oh! Senator Shaw.
59 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Yeah. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR KARPIEL) She indicates she will.
Yes. On the -- what happens to the -- is this for the assessors? What happen to the -- to the current assessors that are running for -- that possibly don't have these hours?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Myers.
This does not apply to Cook County. It does not change the requirements for anyone who is running or appointed to supervisor.
PRESIDING OFFICER: (SENATOR KARPIEL) If no -- if there's no further discussion, the question is, shall House Bill 4337 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4337, having received the required constitutional majority, is declared passed. House Bill 4344. Senator Shadid. Read the bill, Madam Secretary.
House Bill 4344. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Shadid.
I -- I have an amendment I'd like to put on there, send it back to 2nd -- send it to 2nd, for an amendment.
PRESIDING OFFICER: (SENATOR KARPIEL) 60 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Out of the record. House Bill 4351. Senator Watson. Read the bill, Madam Secretary.
House Bill 4351. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
Yes. Thank you very much, Madam President. In 1999, we inadvertently left some language out of the Act that passed that allowed the Higher Education Student Assistance Act to expand the definition of a part-time student. We amended it in one Section, but we didn't amend it in the other, which is Section 70. All this does is a technical change to allow for that to take place.
PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Rauschenberger.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) Indicates he'll yield.
Senator Watson, does this remove a provision requiring a part-time student to be enrolled for at least six hours to qualify for a MAP grant?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
Yes, it does. That's what we did in 1999. We did this already, but inadvertently, we left out a particular Section, Section 70, the language out of that part of the Act, and therefore it just -- what we're doing is cleaning this up. 61 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger.
So, you're saying, operatively the law now does not require a part-time student even to be enrolled for six hours and this just cleans up the language by making sure that the different Sections relate to each other.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
That's -- that's absolutely correct.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, the question is, shall House Bill 4351 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 52 voting Aye, 3 voting Nay, none voting Present. And House Bill 4351, having received the required constitutional majority, is declared passed. House Bill 4353. Senator Roskam. On the top of page 13 of your Calendar is House Bill 4354. Senator Jacobs. Read the bill, Madam Secretary.
House Bill -- pardon me, 4354. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Jacobs.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 4354 clarifies that local governmental units under the Local Government {sic} (Governmental) and Governmental Employees Tort Immunity Act and the Illinois Municipal Code may - 62 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 and I put emphasis on "may" - provide for the recovery of reasonable attorney fees when those employees are acting within the scope of their employment, and it raises the ceiling from five hundred thousand to one million. Know of no known opposition, other than the Municipal League, that said if it was three quarters of a million, rather than a million, they would support it. So, I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4354 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all -- have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4354, having received the required constitutional majority, is declared passed. House Bill 4365. Senator Parker. Read the bill, Madam Secretary.
House Bill 4365. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill is offered at the request of the Township Officials of Illinois. It allows a township to assume the taxing authority of a road district due to the abolishment of the road district. Provides that the road district commissioner must obtain the permission of the county engineer before using tax moneys on construction or maintenance projects costing more than ten thousand dollars. It increases from twenty to fifty percent the percentage of motor fuel tax moneys that a road district may 63 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 spend on eligible nondedicated subdivision roads. I would be glad to answer any questions, and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill -- ah. Senator Welch. I'm sorry.
I just had a question of the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) She indicates she'll yield.
The last sentence that you gave, you said that the township road commissioner could spend money on subdivision roads that aren't part of the township by -- could you clarify that?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker.
That's correct. Any such road improved becomes a part of the township and district road system, providing the road meets standards established by the county. Under the law, the township is able to use up to twenty percent of its allocation of motor fuel tax on nondedicated subdivision roads. We are raising that to fifty percent.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Welch.
Do they then become dedicated township roads after that? Do they have to become dedicated or do they just remain part of the subdivision?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker.
It's my understanding, the only thing we're changing here is 64 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 the allocation from twenty to fifty percent.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, the question is, shall House Bill 4365 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On this question, there are 54 voting Aye, none -- 1 voting Nay, none voting Present. And House Bill 4365, having received the required constitutional majority, is declared passed. House Bill 4407. Senator Syverson. Read the bill, Madam Secretary.
House Bill 4407. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Syverson.
Thank you, Madam President. This legislation amends the Illinois Vehicle Code and provides that when an insured {sic} has paid a total loss claim for hail damage on a vehicle with less than nine model years of age, the ownership of that vehicle may be retained by the registered owner. I'll be happy to answer any questions; otherwise, I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR KARPIEL) Any questions? Any discussion? If not, the question is, shall House Bill 4407 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 4407, having received the required constitutional majority, is declared passed. House Bill 4409. Senator Parker. Read the bill, Mr. Secretary. 65 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
House Bill 4409. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill clarifies the provision of the Banking Act concerning the surrender of accounts upon liens and levies for past-due child support. It also contains numerous housekeeping and substantive changes in numerous Acts of concern from the Commissioner on Banks and Real Estate. I would be glad to answer any questions, and ask for a -- favorable vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4409 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4409, having received the required constitutional majority, is declared passed. House Bill 4411. Senator Dudycz. House Bill 4451. Senator Lauzen. Read the bill, Mr. Secretary.
House Bill 4451. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Lauzen.
Thank you, Madam President, Members of the Senate. House Bill 66 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 4451 amends the Worker -- Workers' Compensation Act. It allows transfers at the request of the Chairman of the Industrial Commission up to a total of fifteen million dollars, instead of the current seven million, from the Second Injury Fund, the General Revenue Fund and Workers' Compensation Benefit Trust Fund to the Rate Adjustment Fund to the extent that there's insufficient money in the Rate Adjustment Fund to pay claims and obligations to widows, orphans and those with permanent disabilities. No known opposition.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4451 -- pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4451, having received the required constitutional majority, is declared passed. House Bill 4453. Senator Donahue. House Bill 4454. Senator Donahue. Read the bill, Mr. Secretary.
House Bill 4454. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Donahue.
Thank you, Madam President. House Bill 4454 affects our veterans' homes and the accounts of a veteran that's in an interest-bearing account. Evidently today, that interest goes to the home funds, and we think that interest should go to the individual veterans' accounts. That's what this bill does. It also says that the profits, if you will, that are made on the 67 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 commissary sales go into the home fund, I think, and can't be -- into the members benefit fund and they can't be used for any operating expenses at the home. I think this is a great bill, and I'd ask for your support.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4454 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4454, having received the required constitutional majority, is declared passed. House Bill 4457. Senator Donahue. Read the bill, Mr. Secretary.
House Bill 4457. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Donahue.
Thank you, Madam President. House Bill 4457 deals with the National Guard and our reservists. Under federal law, the National Guard and reservists have a reemployment protection when they're called to active duty under a federal call-up. There is no such thing in State law for a State call-up, i.e. -- example would be, the best, 1993 Flood. This bill gives them that assurance under the Governor's calling our National Guard reservists. And I think it's a terrific bill, and I would ask for your support.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4457 pass. Those in favor will vote Aye. Opposed, vote Nay. The 68 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4457, having received the required constitutional majority, is declared passed. House Bill 4466. Senator Burzynski. Read the bill, Mr. Secretary.
House Bill 4466. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill's identical to -- Senate Bill 1777, which has already passed this Chamber on a roll call of 54-0-0, relative to the certification of special education teachers. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4466 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, 1 voting Nay, none voting Present. And House Bill 4466, having received the required constitutional majority, is declared passed. House Bill 4472. Senator Molaro. Read the bill, Mr. Secretary.
House Bill 4472. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) 69 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Senator Molaro.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This is -- this is a bill to protect us against any type of domestic terrorism or whatever it may be. All it does is it creates where if you use a fraudulent driver's license or State ID or fictitious driver's license to purchase tickets on any plane or train or any other type of common carrier. Now -- nowadays with -- after what happened September 11th, you must show proof of ID or show a driver's license when you're buying a ticket so this way there's a record of it. Picture ID. We just don't want people out there who would go out and actually use a fraudulent or fictitious driver's license to do this. And if you are caught doing this, it would be a Class 4 felony. Second offense would be a Class 3 felony. That's what the bill does.
PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Hawkinson.
Thank you, Madam President. Will sponsor yield for a question?
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he will.
Senator, your bill also requires that there have been a prior revocation or suspension of the license, does it not?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Molaro.
...I think it does.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, the question is, shall House Bill 4472 pass. Those in favor will vote Aye. Opposed, vote Nay. The 70 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting -- voting Aye, none voting Nay, none voting Present. And House Bill 4472, having received the required constitutional majority, is declared passed. House Bill 4473. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 4473. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dillard.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Under current law, sentencing for leaving the scene of an accident involving death or personal injuries and aggravated DUI or reckless homicide -- arising out of the same course of conduct may be consecutive or concurrent. What this bill does is it eliminates that discretion, requiring such sentences to be consecutive. The sentencing provision here gets tough on chronic drunks and drunks who hurt people. It will not affect that many cases, but clearly these type of cases are the worst of the worst. And to close, before I'll be happy to answer any questions, Madam President, Joe Birkett, the State's Attorney of DuPage County, was on here -- down here to testify on this bill, and I think he put it best when he said that even a drunk, if they call 9-1-1 before they leave the scene of an accident, can save a life. And I'd be happy to answer any questions and think this is the appropriate thing to do.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4473 pass. Those in favor will vote Aye. Opposed, vote Nay. The 71 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4473, having received the required constitutional majority, is declared passed. House Bill 4581. Senator Rauschenberger. Turn to page 14 on your Calendar. At the top of page 14 is House Bill 4696. Senator Burzynski. Read the bill, Mr. Secretary.
House Bill 4696. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill basically will -- amends the Crematory Regulation Act. Establishes -- establishes licensing requirements for crematories in the State of Illinois. Currently there are none. This bill has great bipartisan support. I would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the -- the -- Senator Noland.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he'll yield.
Senator, according to the Calendar, on top of page 14, Brady was a House sponsor. How will he be -- he -- why is he not sponsoring this bill in the Senate?
PRESIDING OFFICER: (SENATOR KARPIEL) 72 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Senator Burzynski.
Senator, it's my understanding that Senators are not allowed to double dip relative to legislation.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, the question is, shall House Bill 4696 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4696, having received the -- the required constitutional majority, is declared passed. House Bill 4720. Senator Noland. Read the bill, Mr. Secretary.
House Bill 4720. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Noland.
Thank you, Madam President. This bill amends the Equipment Fair Dealers {sic} (Dealership) Law. It's both a consumer and a dealer protection issue where the manufacturer is now accommodating the dealer -- the retailer concerning reimbursement for warranty work.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4720 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 4720, having received the required 73 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 constitutional majority, is declared passed. House Bill 4795. Senator Dillard. House Bill 4889. Senator Sieben. Read the bill, Mr. Secretary.
House Bill 4889. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sieben.
Thank you, Madam President. This legislation is an administration bill for the Department of Agriculture and amends the Weights and Measures Act changing references to Conference on Weights and Measures from the old language referring to Institute of Standards and Technology. Authorizes the Department of Agriculture to open packages introduced or delivered for intrastate commerce or kept, offered, or exposed for sale in interstate commerce for the purpose of determining the -- the net contents. Basically clarifying and cleaning up language. I know of no opposition. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4889 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4889, having received the -- the required constitutional majority, is declared passed. House Bill 4890. Senator Sieben. Read the -- read the bill, Mr. Secretary.
House Bill 4890. (Secretary reads title of bill) 74 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Sieben.
Thank you, Madam President. This bill also is a -- an initiative of the Department of Agriculture dealing with egg safety. It amends the Illinois Egg and Egg Products Act to provide that no eggs may be offered for sale for consumer use after the thirtieth day following the original candling date. It also cleans up some existing statutes and improves the Department's administration of this Act. I'd ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4890 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4890, having received the required constitutional majority, is declared passed. House Bill 4912. Senator Cronin. Read the bill, Mr. Secretary.
House Bill 4912. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill is one of the several proposals that came out of the Governor's summit, as well as the Senate Education Committee, to address the issue of teacher shortage. This bill simply updates the State's existing teacher incentive programs, 75 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 making them consistent with each other. The three scholarships are the DeBolt Teacher Shortage Scholarship Program, which would be renamed the ITEACH scholarship; the Minority Teachers of Illinois scholarship; and the special education teacher tuition waiver. Rather than creating new programs to address this teacher shortage issue, the Illinois Student Assistance Commission proposes and supports amending these existing programs, thereby reducing costs of developing and implementing. This does not create a fiscal impact. I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Rauschenberger.
Yeah. A question of the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he'll yield.
Senator Cronin, I applaud the -- the effort to kind of consolidate these things and move along. Does this bill, though, contain a provision which would eliminate the requirement that a freshman who took a teacher scholarship but then changed their majors and went into some other field would be held harmless and not required to pay back the teacher scholarship as they would be required in their sophomore, junior and senior years?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin.
I -- I'm advised that it does indeed include that.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger.
Yeah. Just a comment. You know, our wizards over at ISAC, little by little -- I mean, why don't we just, you know, write 76 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 checks, in general, to -- to students that are thinking about college? I mean, there's no sense requiring them to be in class six hours and no sense requiring them to meet the obligations of statutory teacher programs. I just think the Body ought to be aware. And maybe when ISAC comes and visits you in your offices, you ought to chew ISAC out a little bit that we make education policy; they don't.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Syverson.
Just like to ask the sponsor a question.
PRESIDING OFFICER: (SENATOR KARPIEL) Indicates he'll yield.
Senator, can you tell us who put that language in there that allows us to waive that -- waive the repayment of that year?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin.
I don't know that language was put in there. I think that's been the existing policy. It's new language for freshmen to be eligible for the ITEACH scholarship.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Syverson.
Can you tell us whose language that was or who -- whose decision it was to put that language into the bill?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin.
Can we take this out of the record, please?
PRESIDING OFFICER: (SENATOR KARPIEL) 77 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 ...go on to House Bill 4916. Senator Burzynski. Read the bill, Mr. Secretary.
House Bill 4916. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
Thank you, Madam President. This amends the Pharmacy -- Act -- Practice Act. Clarifies that persons operating a mail-order pharmacy without being licensed under the Act are also eligible for penalty provisions provided for under the Act. Currently, if you're operating a mail-order pharmacy and you're not licensed under this particular Act, there are no penalties that apply to you for the State of Illinois. I would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Lauzen.
I guess a question for the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he'll yield.
The Pharmacy Practice Act allows mail-order pharmacies from out of State and out of country, is that correct?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
Yes.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Lauzen. 78 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
One of the things that I have found is difficulty of -- of out-of-country mail-order pharmacies getting licenses through our Department of Professional Regulation, in effect stopping -- stopping our citizens or creating a fear in our citizens that they can't do the same thing that people in border states along Canada do by getting on a bus, going over, buying prescription medication, many times at fifty-percent savings, before they come back to the United States. The Department of Professional Regulation - are you aware that they're creating, like, a double standard in denying those kinds of licensing to those pharmacies, those out-of-country pharmacies?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
I'm not aware of that, Senator. However, according to what I recollect of the bill and looking at the analysis, this deals with pharmacies or mail-order pharmacies that are located in states of the United States other than Illinois.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Lauzen.
Thank you very much, Senator. So, what you're saying is that this does not have any effect on -- in the language of the bill. I see that in the analysis now, that this has no effect on the pharmacies, mail-order pharmacies, from out of country. Is that correct?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
Yes, Senator, that is my understanding.
PRESIDING OFFICER: (SENATOR KARPIEL) 79 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Further discussion? If not, the question is, shall House Bill 4916 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, none -- 1 voting Nay, none voting Present. And House Bill 4916, having received the required constitutional majority, is declared passed. House Bill 4926. Senator O'Malley. House Bill 4933. Senator Syverson. House Bill 4937. Senator Parker. House Bill 4948. Senator Shadid. House Bill 4953. Senator Shadid. Read the bill, Mr. Secretary.
House Bill 4953. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Shadid.
Thank you, Madam President. House Bill 4953 is a clean-up bill from the Driver Services Department of the Secretary of State. It amends the definition of statutory summary suspension to include intoxicating compounds in the list of substances for which an individual shall be required to submit to chemical test or tests. I'd appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4953 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4953, having received the required constitutional majority, is declared passed. House Bill 4956. 80 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 With leave of the Body, Senator Watson will handle this for Senator Clayborne. Senator Watson. Oh. Read the bill, Mr. Secretary.
House Bill 4956. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
Yes. Thank you very much, Madam President. This is James Clayborne's legislation. I'm a hyphenated cosponsor, and it does exactly what the Calendar says. It amends the State Finance Act creating the McKinley Bridge Fund. The McKinley Bridge is a -- is a bridge across the Mississippi River that goes from Venice, Illinois, over to St. Louis. And what we need to do is establish this Fund - and it's within the Department of Transportation's budget, current Road Fund budget, to do this, their Fiscal Year '03 request - and that -- and would allow them, then, to transfer from the Comptroller to the Fund 2.1 million dollars. The Department of Transportation, then, can use the McKinley Bridge Fund to pay off fifty percent of the bonds relating to the bridge, and then this bridge shall be conveyed jointly with the Department of Transportation and the Missouri Department of Transportation after all the debt relating to the bridge is paid. What has happened is, the City of Venice has owned and operated the bridge since 1958, and it was a toll bridge. And over the period of time, they've not been able to financially maintain the -- the bridge, unfortunately, and as a result, it's -- came into disrepair, and as a result, they don't have the money or the where-to-all to pay for it. This would allow the Department of Transportation, along with Missouri Department of Transportation, 81 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 to coordinate this effort together and hopefully, in time, reopen the bridge.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? Senator Rauschenberger.
Yeah. I'd just like to praise the substitute sponsor. I've driven on the McKinley Bridge, and I know how difficult the town of Venice has had in trying to maintain it. So I just wanted to tell the sponsor I think this is a -- a really worthy, positive thing, and -- ISAC, obviously, was not involved in it. So, I -- I just want to tell him, you know, I'm really proud of this bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, the question is, shall House Bill 4956 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 4956, having received the required constitutional majority, is declared passed. On the top of page 15, we have House Bill 4974. Senator Munoz. Read the bill, Mr. Secretary.
House Bill 4974. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Munoz.
Thank you, Madam President and Members of the Senate. House Bill 4974 just changes the name of a -- driveaway decal permits to drive-away permits. The Secretary of State would like to replace short-term permits with temporary registration plates. Currently 82 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 now, the decals are placed in the windshield, which they're hard to read. A lot of counterfeit has been done over the years with that method. So, right now they would like to have the plates displayed. The new measure will reduce criminal activities making it difficult to identify suspects and dangers for police required to stop vehicles with non-registration permits. There's no known opposition. Cost of this is estimated about twenty-eight cents per temporary plate. Be willing to answer any questions.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4974 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 4974, having received the required constitutional majority, is declared passed. House Bill 4975. Senator Syverson. House Bill 4988. Senator Peterson. Read the bill, Mr. Secretary.
House Bill 4988. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Peterson.
Thank you, Madam President, Members of the Senate. House Bill 4988 amends the Illinois Municipal Code. This legislation affects municipalities' court proceedings for the demolition of abandoned buildings. After the court proceedings for such buildings, a -- a municipality must send the objector a copy of the dismissal order and a letter stating that the work will continue unless, within thirty days after the copy of the order and letter are mailed, the 83 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 objector takes action. If the objector does not respond, then the demolition, repair, enclosure or removal may continue. This is supported by the Illinois Municipal League. I know of no opposition. I ask for your support.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 4988 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 4988, having received the required constitutional majority, is declared passed. Senator Jacobs, for what purpose do you rise?
Personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR KARPIEL) State your point.
In the gallery here on the Democratic side of the aisle, we have some good constituents from Rock Island County and my district. And I'd like to stand -- have 'em stand and be recognized.
PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to Springfield. House Bill 5000. Senator Watson. House Bill 5002. Senator Cronin. House Bill 5076. Senator Parker. House Bill 5240. Senator Dillard. House Bill 5278. Senator Burzynski. Read the bill, Mr. Secretary.
House Bill 5278. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) 84 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Senator Burzynski.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This is one of those fine pieces of legislation, good government, where we're actually reducing the fees for plumbing contractors in the State of Illinois, from three hundred dollars per year to one hundred dollars per year. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? Senator Donahue.
Thank you, Madam President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he'll yield.
Is this what's taking care -- that's going into place for part-time/full-time, all the license fees for our plumbers? It lowers it to a hundred?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
Thank you. This just deals with plumbing contractors, regardless of whether there is one person in the shop or ten people in the shop.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Donahue.
Well, we're getting calls right now that the license has been increased. But this is -- this is taking care of that situation, is that what you're saying?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski. 85 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
Senator, there are basically -- there are -- there are two components at work here. Number one, up until last year, we had individual plumbing -- individual plumbers who had to be licensed by the State of Illinois. Last year a bill was passed out of this Assembly that called for a new licensure for plumbing contractors in addition to the individual plumber's licensing. We are just merely -- not merely. We are reducing the amount of that license from three hundred dollars to one hundred dollars. It's my understanding, under current statute and the rules -- emergency rules that have been presented -- or, will be presented, that that plumbing contractor would still have to have not only an individual plumber's license, but also a plumbing contractor's license. So, he would still have two licenses. Two hundred dollars, rather than four hundred dollars.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Donahue.
...one -- just one more question. So what we're saying is that the individual plumber's license isn't changing. But that's a hundred dollars now. And we're just changing the contractor. Great. I think this is a terrific bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Shaw.
Yes. Will the sponsor yield...
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he will.
...Madam President? What does -- does this have any bearing on units of local government, or this is just the State portion? This is a fee that's charged by the State. 86 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
This has no bearing on licensure or registration that local municipalities might have.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, the question is, shall House Bill 5278 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5278, having received the required constitutional majority, is declared passed. Senator Woolard, for what purpose do you rise?
Thank you, Madam President, Ladies and Gentlemen of the Senate. It's always a pleasure for each and every one of us as we have constituents that travel to Springfield to join us. It's indeed my pleasure today to introduce you to a group of people that work for us and do it very admirably. I think that they probably have proven themselves to be the kind of people that each and every one of us are proud to be a part of government. These folks work in our correctional facilities, in the Vienna Correctional Center in particular. They have given themselves -- they have given of themselves to protect us and those that we give them as wards. They have done it very well. We're about to put them out of work unless we get our act together in the next few days. Join me in supporting these folks from Vienna.
PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to Springfield. House Bill 5281. Senator Burzynski. Read the bill, Mr. Secretary.
87 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 House Bill 5281. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This has become known as the "nurse imaging" bill, and what we are doing is allocating two million dollars out of the Nursing Dedicated (and Professional) Fund for the purpose of enticing and encouraging others to become nurses. As you know, we do have a nursing shortage in this State. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5281 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 5281, having received the required constitutional majority, is declared passed. House Bill 5351. Senator Rauschenberger. House Bill 5368. Senator Dillard. House Bill 5375. Senator Luechtefeld. House Bill 5383. Senator Rauschenberger. House Bill 5514. Senator Cronin. House Bill 5530. Senator Burzynski. Read the bill, Mr. Secretary.
House Bill 5530. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
88 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill will ensure that the State of Illinois continue its cooperation and membership in the Midwestern Higher Education cooperative. This is one of the commissions that was -- in one of the Governor's Executive Orders, that was abolished. It's something that we've been a part of for -- since 1994. Does a lot of good things for the State of Illinois and other states with higher education facilities.
PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Rauschenberger.
Yeah. A couple of questions for the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he'll yield.
Does the sponsor have a personal relationship or personal knowledge with anyone who serves the State of Illinois on the Midwest Higher Education Compact that he so gallantly defends?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
Thank you. Senator Rauschenberger, I currently represent this Chamber as a member on the advisory board for the Midwestern Higher Education Compact. In addition to that, I also do know the incoming executive director for this fine organization, a gentleman by the name of Bob Kustra, who many others might know here in this Chamber.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger.
Senator Burzynski, as I understand it, our participation in this was terminated by Executive Order of the Governor. Is there 89 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 a financial cost to the State's participation in this -- this high-level group of -- of, some might say, overpaid educational visionists that work together and now are going to be led by Bob Kustra?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.
Well, there is a cost; however, we might disagree on the definition of what this organization does. There's a cost. My understanding, if I recollect correctly, is about eighty thousand dollars a year to become a member of the Midwestern Higher Education Compact, which has allowed the State of Illinois to cooperate with other states, neighboring states, and Midwestern states in particular, to devise various types of informational services, technology, as well as insurance savings over the last few years.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, the question is, shall House Bill 5530 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 52 -- 53 voting Aye, none voting Nay, 2 voting Present. And House Bill 5530, having received the required constitutional majority, is declared passed. Senate -- House Bill 5557. Senator Dillard. Read the bill, Mr. Secretary.
House Bill 5557. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dillard.
90 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Thank you, Madam President, Ladies and Gentlemen of the Senate. This is a monstrous, voluminous clean-up bill, one of two with respect to environmental statutes in Illinois. This contains the nonsubstantive changes. It has been looked at for months by Speaker Madigan's lawyers over in the House to assure that there are no substantive changes. There is one change, though, that is not totally substantive that I want to bring the Body's attention to, and that is that this amends the EPA's Act to extend by five years the repeal date of the EPA's authority to conduct clean air fast-track rule making from December 31st of 2002 until December 31, 2007. But again, this is a cleanup. It comes from the Illinois Environmental Regulatory Review Commission's recommendations to the Governor and us back in 1999. And most importantly, this is Representative Roger Marquardt's first bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5557 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5557, having received the required constitutional majority, is declared passed. On the top of page 16 of your Calendar is House Bill 5567. Senator Watson. House Bill 5578. With leave of the Body, we'll come back to that one. House Bill 5596. Senator Watson. House Bill 5606. Senator Syverson. Read the bill, Mr. Secretary.
House Bill 5606. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Syverson. 91 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
Thank you, Madam President. Last year we passed legislation that allowed individuals who had lost their health coverage at no fault of their own due to a health carrier that had -- that had gone out of business, and it would allow them to move into the -- the State's Comprehensive Health Insurance Plan within ninety days -- excuse me, within sixty-three days. This legislation changes that to ninety days so it can mirror what is the changes that have occurred in the federal law. Know of no opposition and would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5606 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5606, having received the required constitutional majority, is declared passed. House Bill 5608. Senator Lauzen. House Bill 5615. Senator Shadid. Read the bill, Mr. Secretary.
House Bill 5615. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Shadid.
...you -- thank you, Madam President. House Bill 5615 is the result of a complaint signed by a constituent whose son was killed on July 7th, 1999, by a driver who had been -- who had been cited six times prior for not having insurance. This bill now would -- would -- would say a person convicted of a third or subsequent of 92 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 driving without liability insurance must provide proof of financial responsibility to the Secretary of State for at least one year, and his license must be suspended immediately who fails to provide the required proof of responsible -- financial responsibility. And also, by the way, this would have been Mrs. Branan's son's -- today would have been his seventeenth birthday. So, I would appreciate a Yes vote so we can move this on so she can get some relief.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5615 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5615, having received the required constitutional majority, is declared passed. House Bill 5625. Senator Bowles. Senator Bowles? House Bill 5627. Senator Parker. Read the bill, Mr. Secretary.
House Bill 5627. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill releases the State's easement of highway purposes over certain parcels in Lake County so the City of Highland Park, Lake County Forest Preserve District and Park District of Highland Park may go ahead and purchase land for open space. I would be glad to answer -- any questions and ask for an Aye vote. 93 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5647 -- 5627 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5627, having received the required constitutional majority, is declared passed. House Bill 5646. Senator Dudycz. House Bill 5652. Senator Roskam. House Bill 5654. Senator Radogno. Read the bill, Mr. Secretary.
House Bill 5654. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Radogno.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill requires all counties except for Cook to adopt a homicide protocol. It specifies who's to be included in that protocol and what kinds of questions should be answered. The purpose of it is to make sure that in any -- the event of a questionable death, that everyone knows what their role is in order to enhance the probability that the crime will be solved.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5654 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 5654, having received the required constitutional majority, is declared passed. House Bill 5681. 94 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Senator Petka. Read the bill, Mr. Secretary.
House Bill 5681. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Petka.
Thank you very much, Madam President and Members of the Senate. House Bill 5681 would permit the Appellate Prosecutor to prosecute cases with the consent of the sitting State's Attorney. There have been a couple of recent Appellate Court decisions that call into question the ability of the Appellate Prosecutor to handle conflict-related trial work. This proposal would -- would eliminate that -- those decisions and any criticism. I'm not aware of any opposition. It came out of the Judiciary Committee 11 to 0. And I'll answer any questions.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5681 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5681, having received the required constitutional majority, is declared passed. House Bill 5779. Senator Myers. Read the bill, Mr. Secretary.
House Bill 5779. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Myers. 95 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
Thank you, Madam President, Members of the Senate. This -- under current law, the assessor for each multi-township assessment district or township shall prepare and present a budget at least sixty days prior to the beginning of each fiscal year. This bill basically doesn't change the requirements that are in law now. It does direct the multi-township board to prepare a tentative budget and appropriation ordinance at least thirty days before the public hearing required by Section 3 of the Illinois Municipal Budget Law. The ordinance must be filed with the township clerks of the townships comprising the multi-township assessment district who shall make it available for public inspection before final action on the ordinance. So, this is a good bill. It requires them to make available to the public some information that they might like to have, and I know of no opposition. The multi-township assessors are for this, so I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5779 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5779, having received the required constitutional majority, is declared passed. House Bill 5794. Senator Demuzio. Read the bill, Mr. Secretary.
House Bill 5794. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Demuzio.
96 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 Thank you, Madam President, Ladies and Gentlemen of the Senate. This is a bill from the Department of Natural Resources, the Office of Law Enforcement. Puts them in the same posture as the other law enforcement agencies in Illinois with respect to those things that have been forfeited under the violations for which they have written tickets. I know of no opposition. I think all the other law enforcement agencies have signed on.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5794 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 5794, having received the required constitutional majority, is declared passed. The top of page 17 is House Bill 5807. Senator Halvorson. Read the bill, Mr. Secretary.
House Bill 5807. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Halvorson.
Thank you, Madam President, Members of the Senate. House Bill 5807 creates the Organ Donor Leave Act which allows State employees to have time off with pay for the donation of an organ, bone marrow, blood or blood platelets.
PRESIDING OFFICER: (SENATOR KARPIEL) Any -- any discussion? If not, the question is, shall House Bill 5807 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who 97 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5807, having received the required constitutional majority, is declared passed. House Bill 5822. Senator Link. Read the bill, Mr. Secretary.
House Bill 5822. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Link.
Thank you, Madam President. This bill amends various Illinois Banking Act bills to where as an association, they may conduct transactions in a language other than English through an employee or agent acting as an interpreter or through an interpreter provided by the customer. I know of no opposition on this bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5822 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5822, having received the required constitutional majority, is declared passed. House Bill 5844. Senator Syverson. Read the bill, Mr. Secretary.
House Bill 5844. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Syverson. 98 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
Thank you, Madam President. This legislation is brought to us in working with the Community Behavioral Healthcare Association, and it amends the Community Service Act. It would -- would require the Department...
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Syverson, excuse me just a minute. Could we please have it quiet? There's sort of a -- a -- a roar in here kind of thing. It's very difficult to hear. Senator Syverson.
Thank you. This would require the Department of Human Service to grant deemed status to community behavioral health care providers by accepting accreditation of its community health and/or substance abuse service providers by a national accrediting bodies. Know of no opposition, and I'll be happy to answer any questions they might have.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5844 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5844, having received the required constitutional majority, is declared passed. House Bill 5851. Senator Sullivan. House Bill 5860. Senator Thomas Walsh. Read the bill, Mr. Secretary.
House Bill 5860. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Walsh. 99 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
Thank you, Madam President, Members of the Senate. House Bill 5860 removes provisioning -- provisions exempting trust companies owned by a bank holding company, a financial holding company or a savings and loan holding company from -- certain audit requirements. Last year we passed legislation which required the auditing of private trust companies, and we inadvertently included bank trust companies and this corrects that. I do have a statement for legislative intent that I would like to read and I think it pretty much clears it up, and then I'd be happy to ask any -- or, answer any questions. House Bill 5860 strength -- strengthens the -- the provisions -- the audit provisions passed last year for independent trust companies, while correcting language that unintentionally extended those provisions to bank trust departments. Independent trust companies generally have only one regulator, the State, and if the trust company fails, the State becomes the receiver. After experiencing the failure of an independent trust company two years ago, we properly passed legislation last year that strengthened the State's supervision of independent trust companies. Banks are examined more frequently by -- by more regulators - every Illinois state-chartered bank is examined by both the State and by the FDIC or the Federal Reserve. Every one of those safety and soundness exams includes an examination of the bank's trust department. In accordance with the FDIC policy, all banks with trust powers must conduct internal and external audits of their trust departments at least annually, which then are received {sic} by the supervisory agencies. And unlike a trust company, if a bank fails in Illinois, the FDIC becomes the receiver, not the State. For these reasons, it is necessary to impose the same requirements on banks that we placed on trust companies. In fact, it would be undesirable, since the new audit requirements are essentially duplicative for banks and 100 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 consequently are not imposed on -- on -- on national banks. We would lessen the value of our state charter if we were to treat state banks differently from national banks in the matter. House Bill 5860 properly restores the status quo for state bank trust departments, while further strengthening the audit requirements for stand-alone trust companies. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5860 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5860, having received the required constitutional majority, is declared passed. House Bill 5870. Senator Parker. House Bill 5874. Senator Radogno. Read the bill, Mr. Secretary.
House Bill 5874. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Radogno.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill does two things. First of all, it amends the Criminal Code so that a child sex offender may not knowingly reside within five hundred feet of the victim of the offense if that victim's under twenty-one years old. And secondly, it brings the Illinois...
PRESIDING OFFICER: (SENATOR KARPIEL) Excuse me, Senator Radogno. It is getting very loud again in 101 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 here. Please keep the noise down. We don't have much further to go, and we could do it a lot faster if everyone is quiet. I don't know if it's out in that hall over there or what, but please tell 'em to be quiet. Senator Radogno.
Thank you. The second thing the bill does is bring Illinois into compliance with federal mandates concerning sex offender registration, thereby making us eligible for about two million dollars a year in federal funding for our State Police. Be happy to try to answer any questions.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5874 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 5874, having received the required constitutional majority, is declared passed. House Bill -- I mean, sorry. House Bill 5906. Senator Geo-Karis. House Bill 5934. Senator Demuzio. Read the bill, Mr. Secretary.
House Bill 5934. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Demuzio.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This is Representative Klingler's bill from the House. It adds -- adds a civil remedy for a person who is convicted of financial identification theft or aggravated financial identity theft and is liable for a civil action to a person who suffered 102 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 damage as a result of the violation. The person suffering the damages may recover court costs, attorney fees, lost wages and actual damages. I know of no opposition.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 5934 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5934, having received the required constitutional majority, is declared passed. House Bill 5939. Senator Trotter. I'm sorry. Senator Link? Oh! I'm sorry. Senator Link. Read the bill, Mr. Secretary.
House Bill 5939. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Link.
Thank you, Madam President. This bill amends the School Code and encourages school districts to create and to use an emergency medical form for bus drivers and emergency medical technicians for students with special needs or medical conditions, to be filled out by the student's parents or guardian, with one copy kept on file at the school and another kept on the student's bus to secure -- in a secure location.
PRESIDING OFFICER: (SENATOR KARPIEL) Is there any discussion? If not, the question is, shall House Bill 5939 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. 103 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 On this question, there are 56 voting Aye, none voting Nay, none voting Present. And House Bill 5939, having received the required constitutional majority, is declared passed. House Bill 5961. Senator Dillard. House Bill 5965. Senator Syverson. House Bill 6002. Senator Cronin. Read the bill, Mr. Secretary.
House Bill 6002. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin.
Yes. Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 6002 simply allows an associate or a deputy dean of a medical school to be a member of the Advisory Committee for Family Practice Residency Programs. Currently, the law requires a dean to be on this advisory committee. There's been some trouble recruiting a dean to make this commitment, so we are amending the law to permit an associate or deputy dean. Ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 6002 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 55 voting Aye, none voting Nay, none voting Present. And House Bill 6002, having received the required constitutional majority, is declared passed. On the top of page 18. On the top of page 18 is House Bill 6012. Senator Donahue. House Bill 6034. Senator Watson. House Bill 6038. Senator Cronin. House Bill 6041. Senator Syverson. That brings us to the end of House Bills 3rd Reading. We'll just be at ease for a 104 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 few minutes. Rules Committee is meeting, which I assume everyone can see. Resolutions.
Senate Joint Resolution 76, offered by Senators Tom Walsh, Demuzio and others. It's substantive, Madam President.
PRESIDING OFFICER: (SENATOR KARPIEL) Committee Reports.
Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned: Referred to the Committee on Commerce and Industry - Senate Amendment 1 to House Bill 5996; to the Committee on Education - Senate Joint Resolution 75, Senate Amendment 1 to House Bill 1436, Amendment 2 to House Bill 1436 and Amendment 3 to House Bill 1436, Senate Amendment 2 to House Bill 3673, Amendment 3 to House Bill 3673, Amendment 1 to House Bill 3938, Amendment 1 to House Bill 4117, Amendment 1 to House Bill 4912 and Amendment 2 to House Bill 5343; to the Committee on Environment and Energy - Senate Amendment 1 to House Bill 4667; to the Committee on Executive - Senate Joint Resolution 72, Senate Joint Resolution 73, Senate Joint Resolution 74 and Senate Resolutions 408, 409, 410 and Senate Amendment 2 to House Bill 909, Amendment 1 to House Bill 2828, Amendment 1 to House Bill 4411 and Amendment 2 to House Bill 4453; to the Committee on Insurance and Pensions - Senate Amendment 2 to House Bill 1889, Amendment 3 to House Bill 1889, Amendment 1 to House Bill 4220, Amendment 1 to House Bill 4725, Amendment 1 to House Bill 4975, Amendment 1 to House Bill 5596 and Amendment 1 to House Bill 5608; to the Committee on Judiciary - Senate Amendment 1 to House Bill 4047, Amendment 2 to House Bill 4081, Amendment 2 to House Bill 4353, Amendment 2 to House Bill 4926, Amendment 2 to House Bill 5002, Amendment 2 to House Bill 5625, Amendment 1 to 105 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 House Bill 5941, Amendment 2 to House Bill 5941, and the Motion to Concur with House Amendment 1 to Senate Bill 1830; to the Committee on Licensed Activities - Amendment -- Senate Amendment 2 to House Bill 4879, Amendment 2 to House Bill 5906; to the Committee on Local Government - Senate Amendment 2 to House Bill 1081, Amendment 1 to House Bill 3697, Amendment 1 to House Bill 3812, Amendment 1 to House Bill 4988 {sic}, Amendment 3 to House Bill 5368 and Amendment 1 to House Bill 5647; to the Committee on Public Health and Welfare - Amendment 1 to House Bill 5140, Amendment 2 to House Bill 6041 and the Motion to Concur with House Amendment 1 and 2 to Senate Bill -- or, Senate Bill 151; to the Committee on Revenue - Senate Amendment 2 to House Bill 6012; to the Committee on State Government Operations - Senate Amendment 2 to House Bill 1033 and the Motion to Concur with House Amendment 1 to Senate Bill 1854; to the Committee on Transportation - Senate Amendment 2 to House Bill 3713, Amendment 1 to House Bill 4344, Amendment 1 to House Bill 4933, Amendment 2 to House Bill 4948, Senate Amendment 1 to House Bill 5255 and Amendment 2 to House Bill 5610; and Be Approved for Consideration - Senate Amendment 2 to House Bill 1975, Amendment 3 to House Bill 1975, Amendment 2 to House Bill 4179, Amendment 2 to House Bill 4228, Senate Amendment 1 to House Bill 4230, Amendment 2 to House Bill 5368, Amendment 1 to House Bill 5961, and Conference Committee Report 1 to House Bill 2207.
PRESIDING OFFICER: (SENATOR KARPIEL) Before everyone leaves -- starts leaving, we have a committee schedule for this afternoon. So, those of you that might have an amendment in a committee or sit on a committee, you better pay attention when the committees are meeting. Insurance -- this is at 2:30. 2:30 this afternoon there will be an Insurance Committee meeting in Room 212, there will be a Public Health meeting in Room 400 and a Local Government meeting in A-1. At 3 o'clock, there's 106 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002 a Judiciary meeting in Room 400. At 3:45, an Education Committee meeting in 212, Energy -- Environment and Energy in Room 400, Transportation in Room A-1. At 4:30, there will be an Executive meeting in Room 212, a Revenue meeting in Room 400 and a State Government meeting in A-1. At 5 o'clock, there'll be a Commerce and Industry meeting in Room 212 and a Licensed Activities meeting in Room -- I mean, in A-1. So, I hope you all got that. If you don't, we'll post it on the bulletin board. Also, I want to remind you: Tomorrow I hope that everyone will be here on time because, don't forget, it's the day they're taking the panoramic photograph of us, where they have the camera that goes around. So, please be here a little before 9 o'clock. The picture will be taken at 9 tomorrow morning. And then Session will -- will -- will convene immediately after the photograph is taken. So, if everyone is here at 9 o'clock tomorrow, then we will convene immediately after the photograph. Senator Hendon, for what purpose do you rise?
A point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR KARPIEL) State your point.
Thank you, Madam President. There's supposed to be the House-Senate softball game tomorrow. I don't know what's wrong with us. We haven't practiced. I hope we're not just surrendering to the House. We're not that old. I haven't heard a word, but if it does not rain, I read in the Bible the other day that whatever you do, you're supposed to put your -- put all your might to it. And I hope that us Senators don't just surrender to the House like we're a bunch of weak, old men or something and be a disgrace to the entire State. We need to practice and we need to at least put our best foot forward tomorrow if it does not rain. 107 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
Rickey, there's going to be practice tonight for you at -- at Lincoln Field. So, we'll see you out there.
PRESIDING OFFICER: (SENATOR KARPIEL) What time, Senator Watson?
Whatever time Rickey wants to go.
PRESIDING OFFICER: (SENATOR KARPIEL) Oh, I see.
The -- just to mention this, we -- we've been very quiet about it over here, as you know, 'cause the last several years, we kind of got our -- we got beat. And -- and we were kind of, you know, challenging them a little bit. So, this year I thought we'd just take a different approach and just talk about it softly and maybe they wouldn't practice. Well, they did practice last week. But we did have a signing over the last -- we brought in a guy from Triple A, the Bloomington team, our Minor League system, Bill Brady now, and look at him. Young, thin, in shape, great athlete. So we're going to be in good shape, I think. We had a little throw-around last night at the Republican party. We -- guys were throwing the ball around, looking pretty good. So I think we'll be fine, but the weather's got to cooperate, of course. And if we went out and practiced now, as we would have last night when we tried to, it's wet, guys would slip. I tell you, you could -- you'd pull a muscle -- no good. And the field out there is a sea of mud right now, and if it rains tonight, I don't see any way at all we'd get the game in. So, that's an update that -- but I -- I welcome Rickey to come out and practice at Douglas Park at 5:30, I'd just say. That'd be probably a pretty good time. I'll... 108 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day May 7, 2002
PRESIDING OFFICER: (SENATOR KARPIEL) Thank you. Senator Hendon.
I want to be traded. I want to be traded, Madam President.
PRESIDING OFFICER: (SENATOR KARPIEL) The Senate -- the Senate stands adjourned until after the photograph is taken tomorrow, approximately 9:30 a.m. The photograph's at 9 -- 9 o'clock a.m. Don't forget. 109