Illinois General Assembly Floor TranscriptsBrowseSenate92nd GA

Illinois Senate Floor Debate — May 15, 2002

92nd General Assembly (2001-2002) · Legislative day 98 · Regular Session
Chamber
Senate
General Assembly
92nd (2001-2002)
Date
May 15, 2002
Legislative day
98
Session
Regular Session
Speaker turns
135
Original
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PRESIDENT PHILIP

The regular Session of the 92nd General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the -- galleries please rise? Our prayer today will be given by Pastor Donald Pritchard, Zion Lutheran Church, Pleasant Plains, Illinois. Pastor Pritchard.

PASTOR DONALD PRITCHARD

(Prayer by Pastor Donald Pritchard)

PRESIDENT PHILIP

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

SENATOR RADOGNO

(Pledge of Allegiance, led by Senator Radogno)

PRESIDENT PHILIP

Senator Demuzio, for what purpose do you rise?

SENATOR DEMUZIO

Thank you, Mr. President. Leaving the gallery behind me is the sixth-grade gifted class from Hillsboro, Illinois, in Montgomery County.

PRESIDENT PHILIP

Will they please rise and be recognized by the Senate? The Illinois Information Service would like to film the proceedings. Is leave granted? Seeing no objections, leave is granted. Reading of the Journal.

Harry (surname or first name uncertain)

Senate Journals of Monday, May 13th, and Tuesday, May 14th, 2002.

PRESIDENT PHILIP

Senator Wendell Jones.

SENATOR W. JONES

Mr. President, I move that the Journals just read by the Secretary be approved, unless some Senator has additions or 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 corrections to offer.

PRESIDENT PHILIP

Senator Wendell Jones moves to approve the Journals just read. There being no objection, so ordered. Senator Roskam, for what purpose do you rise?

SENATOR ROSKAM

Point of personal privilege.

PRESIDENT PHILIP

State your point.

SENATOR ROSKAM

Mr. President and Members of the Senate, my seatmate, Senator Bill Brady, is forty-one years old today, and it's my understanding there's a celebration all over the Capitol. And Secretary of State Jesse White, I think, bought us all lunch in celebration of this day.

PRESIDENT PHILIP

Well, happy birthday, Bill. Nice to have you here. Senator Sullivan, for what purpose do you rise?

SENATOR SULLIVAN

Point of personal privilege, Mr. President.

PRESIDENT PHILIP

State your point.

SENATOR SULLIVAN

If the Senate could please welcome my Page for today, Monica Johnson, from my hometown of Park Ridge.

PRESIDENT PHILIP

Will she please rise and be recognized by the Senate? Senator Demuzio, for what purpose do you rise?

SENATOR DEMUZIO

Well, Jesse White's out of chicken, so we didn't get any of that. Mr. President, one point, Senator Clayborne, obviously, has been absent all week, and I forgot to do that yesterday, still due 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 to illness. Let the record reflect.

PRESIDENT PHILIP

The record will so indicate. Senator Parker, for what purpose do you rise?

SENATOR PARKER

Thank you, Mr. President, Members of the General Assembly. I have a special guest with me today, Oliver Manheim, and his mother, Debbie. They are constituents from Evanston. Please welcome them.

PRESIDENT PHILIP

Will they -- will you please rise and be recognized by the Senate? Senator Myers, for what purpose do you rise?

SENATOR MYERS

Thank you, Mr. President. Point of personal privilege.

PRESIDENT PHILIP

State your point.

SENATOR MYERS

I have with me today a very special guest, Chris Hartley, and I'd like the Senate to welcome him.

PRESIDENT PHILIP

If he'll please rise and be recognized by the Senate. Senator Burzynski, where -- what purpose do you rise?

SENATOR BURZYNSKI

For an -- an announcement, Mr. President. I'd like to -- the record to reflect that Senator Klemm is absent today due to illness.

PRESIDENT PHILIP

The record will so indicate. Committee Reports.

Harry (surname or first name uncertain)

Senator Parker, Chair of the Committee on Transportation, reports Senate Bill 1795 - the Motion to Concur with House Amendment 1 Be Adopted. 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 Senator Mahar, Chair of the Committee on Environment and Energy, reports Senate Bill 1803 - the Motion to Concur with House Amendment 1 Be Adopted. Senator Dillard, Chair of the Committee on Local Government, reports Senate Bill 1571 - the Motion to Concur with House Amendment 1 Be Approved for Consideration. And Senator Petka, Vice-Chair of the Committee on Executive, reports Senate Resolutions 270, 409, 410 and 426 Be Adopted; Senate Resolution 408 Be Adopted, as Amended; Senate Joint Resolutions 65, 73 and 74 Be Adopted; Senate Joint Resolution 72 Be Adopted, as Amended; and Senate Amendment 2 to House Bill 5647 Be Adopted.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Messages from the House.

Harry (surname or first name uncertain)

Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representative has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1545, together with House Amendment No. 1. We have a like Message on Senate Bill 1622, with House Amendment 2; another on Senate Bill 1637, with House Amendments 1 and 2; and on Senate Bill 1690, with House Amendment No. 1. All passed the House, as amended, May 14th, 2002.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Introduction of -- Bills.

Harry (surname or first name uncertain)

Senate Bill 2418, offered by Senators Sieben and Woolard. (Secretary reads title of bill) And Senate Bill 2419, by Senator Myers. (Secretary reads title of bill) 1st Reading of the bills. 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Resolutions.

Harry (surname or first name uncertain)

Senate Resolution 434, offered by Senator Burzynski and all Members. Senate Resolution 435, by Senator Dillard and all Members. And Senate Resolution 436, by Senator O'Malley. They're all death resolutions, Madam President.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Consent Calendar. House Bills 1st Reading.

Harry (surname or first name uncertain)

House Bill 6056. (Secretary reads title of bill) It's offered by Senators Philip and Rauschenberger. House Bill 6060, by Senators Philip and Rauschenberger. (Secretary reads title of bill) House Bill 6061, by Senators Philip and Rauschenberger. (Secretary reads title of bill) House Bill 6065, by Senators Philip and Rauschenberger. (Secretary reads title of bill) House Bill 6066, by Senators Philip and Rauschenberger. (Secretary reads title of bill) House Bill 6067, by Senators Philip and Rauschenberger. (Secretary reads title of bill) House Bill 6068, by Senators Philip and Rauschenberger. (Secretary reads title of bill) House Bill 6071, by Senators Philip and Rauschenberger. (Secretary reads title of bill) House Bill 6075, by Senators Philip and Rauschenberger. (Secretary reads title of bill) House Bill 6083, by Senators Philip and Rauschenberger. (Secretary reads title of bill) 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 House Bill 6084, by Senators Philip and Rauschenberger. (Secretary reads title of bill) And House Bill 6089, by Senators Philip and Rauschenberger. (Secretary reads title of bill) 1st Reading of the bills.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Permission has been requested to videotape by CLTV News. All -- with leave of the Body, permission is granted. Senator Bomke, for what purpose do you rise?

SENATOR BOMKE

Thank you, Madam President. To make an announcement. Due to the early recess of both Houses, the MADD's Undie 500 has been postponed until 5 p.m. on Tuesday, May 21st. We'll be at the same place, at the Knight's Action Park. But it has been postponed till next Tuesday, so you have an opportunity to -- to get geared up for it over the weekend. Thank you.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Molaro, for what purpose do you rise?

SENATOR MOLARO

Thank you, Madam President. On a point of personal privilege.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) State your point.

SENATOR MOLARO

Standing -- standing to my left is actually a resident of DuPage County who -- who just left Senator Dillard, but his father grew up in the great neighborhood of McKinley Park in the City of Chicago, where I'm from. So, I -- I take the honor and privilege. His name is Rob Anderson. He played for Hinsdale Central. He's a safety. He's going on a football scholarship to Princeton, where myself and Senator Dillard weren't able to get into when we were undergraduates. So, he's going to go to Princeton on a football scholarship, and he now lives and grew up on the same street, 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 about three blocks down from where Senator Dillard grew up. So, his parents are from Chicago. He grew up in Hinsdale, and he'll do a great job. So, I'd like the Senate to welcome Rob Anderson.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Congratulations, Mr. Anderson, and welcome to Springfield. Committee Reports.

ACTING SECRETARY HAWKER

Senator Weaver, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Agriculture and Conservation Committee - Senate Resolution 429; refer to Executive Committee - Senate Resolution 431; refer to Transportation Committee - Motion to Concur with House Amendment No. 1 to Senate Bill 1808; and Be Approved for Consideration - Senate Amendment No. 3 to House Bill 5375.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Could we have a little order, please? Little quiet? We shouldn't be here too long today. So, if we could get our business accomplished, we could be on the way home. On page 11 of today's Calendar is the Order of House Bills 3rd Reading. On -- Senator Radogno, do you wish -- for the purpose of recall. Do you wish House Bill 5140 returned to 2nd Reading for purposes of amendment? Senator Radogno seeks leave of the Body to return House Bill 5140 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 5140. Madam Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HAWKER

Yes. Floor Amendment No. 3, offered by Senator Radogno.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Radogno.

SENATOR RADOGNO

Thank you, Madam President. This Floor amendment addresses 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 concerns that were raised in committee, and it allows the county board -- or, it requires the county board to approve the plan before it's submitted to the Department of Public Aid.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Radogno -- oh. Are there any further amendments?

ACTING SECRETARY HAWKER

No further amendments reported, Madam President.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Any further Floor amendments approved for consideration?

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading. Senator Dillard, do you wish House Bill 5647 returned to 2nd Reading for purposes of amendment? Senator Dillard seeks leave of the Body to return House Bill 5647 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. Senator -- on the Order of 2nd Reading is House Bill 5647. Madam Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HAWKER

Yes. Floor Amendment No. 2, offered by Senator Dillard.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dillard.

SENATOR DILLARD

Thank you, Madam President and Ladies and Gentlemen of the Senate. This amendment was just approved for consideration a little while ago by the Executive Committee, and it would add the requirement that if the State Board of Elections certified it, touch-screen voting could be used in our electoral process in Illinois. And I'd move its adoption. 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Any further Floor amendments approved for consideration?

ACTING SECRETARY HAWKER

No further amendments reported.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading. Senator Demuzio, I'm sorry. For what purpose do you rise?

SENATOR DEMUZIO

Point of personal privilege.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) State your point.

SENATOR DEMUZIO

Today is George Shadid's birthday. I just want to -- have everybody say happy birthday.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Happy birthday, George, and many more. Senator Demuzio?

SENATOR DEMUZIO

A -- a P.S. to that announcement. As usual, there's no food.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) On page 2 of today's Calendar is -- on page 22 of today's Calendar is the Order of Secretary's Desk, Concurrence of Senate Bills. First one is Senate Bill 1104. Senator Walsh. Madam Secretary, read the motion.

ACTING SECRETARY HAWKER

I move to nonconcur with the House in the adoption of their Amendment No. 1 to Senate Bill 1104. Motion filed by Senator Tom Walsh.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Walsh.

SENATOR T. WALSH

9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 Thank you, Madam President. I would move that we nonconcur with House Amendment No. 1 on Senate Bill 1104 and that we go to conference on this bill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator -- any discussion? If not, Senator Walsh moves to nonconcur in House Amendment 1 to Senate Bill 1104. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Continuing on, on page 22 is Senate Bill 1282. Senator Roskam. On the top of page 23 is Senate Bill 1666. Senator Cullerton? Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1666. Motion filed by Senator Cullerton.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cullerton.

SENATOR CULLERTON

Thank you, Madam President, Members of the Senate. I would move to concur with the House amendment that Representative Biggins, who's the sponsor of the bill, put on. It's just a technical amendment. It just changes -- it strikes the word "annual" from the homestead exemptions. That's a requirement because in Cook County, we require a -- annual filings for homestead exemptions and senior citizen exemptions, but other parts of the State, we do not. So, that's to clarify the bill, where they just struck the word "annual". Be happy to answer any questions and would ask for an Aye vote.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? Senator Walsh.

SENATOR T. WALSH

Would the sponsor yield? 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he will.

SENATOR T. WALSH

Senator Cullerton, I -- I would -- I didn't hear what you said. This is so -- so a -- a senior citizen, if you're eligible for a -- a senior exemption in Cook County, you sign the -- the thing one time, you send it into the Assessor's Office. It's assumed that, obviously, you've reached whatever age you're -- you need to reach to get that senior exemption. You're going to -- you'll be able to get the exemption without having to sign that thing year after year?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cullerton.

SENATOR CULLERTON

No, actually, the current law is that you have to do that annually in Cook County, but in other counties, that's not the law. And we're not changing that provision with this bill. Okay? The reason why this measure is here is that there was a Public Act that was passed, 92-333, and the Assessor's Office felt that the current language could be interpreted as removing the annual application provision from the senior citizen homestead exemption and the senior citizen assessment freeze homestead exemption and the general homestead exemption. Okay? They felt that -- that -- that it might be eliminated inadvertently by another bill we passed, so they wanted me to add it to this bill, which we did. It's just that since there's different treatment depending on what county you're in as to whether or not there's an annual requirement - or, in some counties, there's an annual requirement, and in some counties, there's not - the amendment just struck the word "annual" and just said an application must be made. And it depends on what county you're in as to whether or not you have to have -- file annually or not. 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Walsh.

SENATOR T. WALSH

Okay. Just -- just to -- so, I think -- here's what I -- I didn't really -- from your -- your answer, I didn't -- I didn't understand. I think it's a good idea. Obviously, if you've reached - whatever it is - I think it's sixty-five years old, you're eligible for a -- you're eligible for a senior exemption. Now, you -- you only get the senior exemption if annually you sign the card and send it in. Now, it should be, it seems to me, that once you reach sixty-five, you've signed that card, it'd be the -- the responsibility of the Recorder to make sure that the person hasn't moved out of that house, but that the senior citizen should not have to sign that card annually. Now, is that -- is that what is happening? Or you're -- you're saying that's what did happen, and we're making it -- we're putting it back in that they have to annually sign the card to get a senior -- exemption in Cook County?

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator -- Senator Cullerton.

SENATOR CULLERTON

Well, I believe there are reasons why in Cook County -- since there's 1.3 million parcels of land, there's reasons why the Assessor has said -- because they can't track, you know, the sales, senior citizens could die and then somebody else owns the house and they wouldn't be eligible. So, they need to have, apparently, an annual recordation and signing up for that -- for that exemption. And that's the current law, and it remains the current law under this bill.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, Senator Cullerton, to close. This is final question {sic}. I hope everybody is paying 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 attention and aware that this is final action. The question is, shall Senate -- the Senate concur in House Amendment No. 1 to Senate Bill 1666. 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, none voting Nay, 2 voting Present. And the Senate does concur in House Amendment No. 1 to Senate Bill 1666, and the bill, having received the required constitutional majority, is declared passed. Senate Bill 1686. Senator Burzynski. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1686. Motion filed by Senator Burzynski.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 1686 now mirrors House Bill 3993 that we passed out of here a few weeks ago relative to extending the sunset date of the Professional Counselor and Clinical Professional Counselor Licensing Act. Be more than happy to answer any questions.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1686. 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 55 voting Aye, none voting Nay, none voting Present. And the Senate does concur in House Amendment 1 to Senate Bill 1686, and the bill, having received the required constitutional majority, is 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 declared passed. Further on down the page is Senate Bill 1932. Senator Peterson. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1932. Motion filed by Senator Peterson.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Peterson.

SENATOR PETERSON

Thank you, Madam President, Members of the Senate. I move to concur with House Amendment 1 to Senate Bill 1932. The Senate -- the House amendment was sponsored by Representative Joe Lyons, and it helps to clarify the definition of what properties are exempt in a cemetery. We removed the real property of a cemetery from the original bill, and now those purposes are specifically spelled out, such as grounds and improvements, offices, et cetera. Move for concurrence with Amendment 1, Senate Bill 1932.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1932. 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 57 voting Aye, none voting Nay, none voting Present. And the Senate does concur in House Amendment 1 to Senate Bill 1932, and the bill, having received the required constitutional majority, is declared passed. Supplemental Calendar No. 1 is being distributed. I hope you all have one on your desk because we'll be going to that Calendar next, since it's on the same order of business. Senator Donahue, for what purpose do you rise? Senator Donahue.

SENATOR DONAHUE

14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 Thank you, Madam President. For the purposes of announcement for a Republican Caucus, very, very short caucus, upon adjournment in Senator Philip's Office.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) All right. On the order -- on the Supplemental Calendar No. 1 is Senate Bill 1571. Senator Dudycz? Read the -- read the motion, Madam Secretary.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1571. Motion filed by Senator Dudycz.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dudycz.

SENATOR DUDYCZ

Thank you, Madam President. Senate Bill 1571, as passed by the Senate originally, added the position of deputy attorney to the select list of positions exempt from a formal civil service examination process for the Metropolitan Water Reclamation District of Greater Chicagoland. House Amendment No. 1 amends the -- the Act to extend the sunset date for the District's bonding authority from 2006 to 2016. The District has been authorized to sell the bonds since 1969 and the bonding authority is needed, per the Water Reclamation District, to enter into project cost agreements with the U.S. Corps of Engineers in July of 2002 for construction of the Thornton Reservoir, which is scheduled to be completed in 2014. And I motion to concur with House Amendment No. 1 to Senate Bill 1571.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall the Senate concur in House Amendment No. 1 on Senate Bill 1571. 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 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 who wish? Take the record, Madam Secretary. On this question, there are 52 voting Aye, 2 voting Nay, 1 voting Present. And the Senate does concur in House Amendment 1 to Senate Bill 1571, and the bill, having received the required constitutional majority, is declared passed. Senate Bill 1795. Senator Smith. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1795. Motion filed by Senator Smith.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Smith.

SENATOR SMITH

Thank you, Madam President. Can you hear me? Yes. Senate Bill 1795, the amendment there is that the House amendment allows school bus drivers to use a two-way radio service owned and operated by the school district. That is the correction.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1795. 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, 1 voting Nay, none voting Present. And the Senate does concur in House Amendment No. 1 to Senate Bill 1795, and the bill, having received the required constitutional majority, is declared passed. Senate Bill 1803. Senator Watson. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1803. Motion filed by Senator Watson. 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.

SENATOR WATSON

Yes. Thank you very much. The -- I do make a motion to -- we concur with House Amendment No. 1 to Senate Bill 1803, and this is the legislation dealing with the Brownsfield {sic} Redevelopment Loan Program. And in this, the applicant must submit a application to Department of Commerce and Community Affairs for the review and eligibility, and there's a thousand-dollar site -- site fee that comes along with this. What the amendment does - and it was requested by the Department of Commerce and Community Affairs - changes the fee to be made payable to the Department of Commerce and Community Affairs and for deposit into the Workforce, Technology, (and) Economic Development Fund. And the amendment also provides that these fees shall be used by DCCA for administrative expenses incurred by the restoration program.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1803. 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 the Senate does concur in House Amendment No. 1 to Senate Bill 1803, and the bill, having received the required constitutional majority, is declared passed. On your -- in your Calendar, on page 22, is the Order of Secretary's Desk, Resolutions. All of you that have resolutions on that order of business, page 22 on the Calendar, Secretary's Desk, Resolutions, is Senate Resolution 373. Senator Watson. Next one is Senate -- House Joint Resolution 63. Senator Noland. Do you wish your resolution considered? Madam Secretary, read the resolution. 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002

ACTING SECRETARY HAWKER

House Joint Resolution 63, offered by Senator Noland. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Noland.

SENATOR NOLAND

Thank you, Madam President. Senate -- House Joint Resolution 63 would compose a -- a panel of twenty-four members, chaired by the Attorney General and Director of Ag, to examine laws relating to ag contracts and -- and marketing of agricultural products.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, Senator Noland moves the adoption of House Joint Resolution 63. Those in favor will say Aye. Opposed, Nay. The Ayes have it. The resolution is adopted. House Joint Resolution 71. Senator Parker. Read the resolution, Madam Secretary.

ACTING SECRETARY HAWKER

House Joint Resolution 71, offered by Senator Parker. There are no committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Parker.

SENATOR PARKER

Thank you, Madam President, Ladies and Gentlemen of the Senate. This resolution urges the President and Congress to preserve a national intercity passenger system that maintains coast-to-coast interconnectivity and serves as a skeletal framework for high-speed rail corridors and provides a source of predictable, reliable and sustainable funding. It also charges the U.S. Department of Transportation or its designated agency to administer and manage federal passenger rail funding and oversight functions and work in partnership with the states' departments of transportation. 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, Senator Parker moves the adoption of House Joint Resolution 71. Those in favor will say Aye. Opposed, vote Nay -- opposed, say Nay. The Ayes have it. The resolution is adopted. Senate Joint Resolution 75. Senator Cronin. And Senate Joint Resolution 76. Senator Thomas Walsh. Read the resolution, Madam Secretary.

ACTING SECRETARY HAWKER

Senate Joint Resolution 76, offered by Senator Walsh and others. There are no committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Walsh.

SENATOR T. WALSH

Thank you, Madam President. Senate Joint Resolution 76 is the reappointment -- or, the appointment of an Auditor General. The Audit Commission conducted interviews a couple of months ago to get the process going, and this was after advertising an opening for the position in the State of Illinois and receiving many applications. We interviewed several different candidates to fill this term for the next ten years. It was, I think I can say, overwhelmingly the decision of that committee and subsequently the entire Audit Commission to reappoint Bill Holland as the Auditor General. And I am happy to stand up here, and as Co-Chairman of the Audit Commission, I can tell you that he does a terrific job for us, for the Legislature, in giving us proper accounting of all the various State agencies on an annual basis. And I'm happy to answer any questions about General Holland and would ask for a -- a -- a favorable vote on the resolution.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? On this -- on this resolution, we do need three-fifths majority, and it will be -- will not be a voice vote. 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 So, Senator Walsh moves the adoption of Senate Joint Resolution 76. 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 57 voting Aye, none voting Nay, none voting Present. And Senate Joint Resolution, having received the required constitutional majority, is declared passed. Senator Sullivan, for what purpose do you rise?

SENATOR SULLIVAN

Point of personal privilege, Madam President.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) State your point.

SENATOR SULLIVAN

If the Senate could please welcome St. Alphonsus School, from Prospect Heights, in the gallery.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to Springfield. Go back... Welcome. We'll now go back to Senate Resolution 373. Senator Watson. Read the resolution, Madam Secretary.

ACTING SECRETARY HAWKER

Senate Resolution 373, offered by Senator Watson. There are no committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.

SENATOR WATSON

Yes. Thank you very much. Apologize for not being at my seat when you called. This resolution creates a Mental Health Task Force in relation to Involuntary Commitment. Task Force will be made up of twenty-two members to specifically study five components within the Mental Health Code. I had a constituent in my area who has had a problem with getting her brother involuntarily committed. And it's very -- touching testimony that 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 we had in committee, a lot of anguish by the family, and they'd like to see something done in trying to allow for a -- a family member to commit another family member. And that's what this is basically about. Appreciate your support.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, Senator Watson moves the adoption of Senate Resolution 373. 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 that question, there are 57 voting Aye, none voting Nay, none voting Present. And Senate Resolution 373 -- Senate Resolution 373 is adopted. Resolutions.

Harry (surname or first name uncertain)

Senate Resolution 437, offered by Senators Demuzio, Jones and all Members. It's a death resolution, Madam President.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Consent Calendar. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all of those read in today will be added to the Consent Calendar. Mr. Secretary, have there been any -- any objections filed to any resolution on the Consent Calendar?

Harry (surname or first name uncertain)

No objections have been filed, Madam President.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The motion carries, and the resolutions are adopted. Messages.

Harry (surname or first name uncertain)

Message from the President, dated May 14th, 2002. Dear Mr. Secretary - Pursuant to Senate Rule 2-10, please 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day May 15, 2002 be advised that the Senate will be in Perfunctory Session on Thursday, May 16th, and will not be in Session on Friday, May 17th, and Monday, May 20th, 2002. Signed by President Philip.

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Resolutions.

Harry (surname or first name uncertain)

Senate Joint Resolution 80, offered by Senator Weaver. (Secretary reads SJR No. 80)

PRESIDING OFFICER (SENATOR KARPIEL)

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Weaver moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 80. Those in favor will -- will say Aye. Opposed, Nay. The Ayes have it. The rules are suspended. Senator Weaver has moved for the adoption of Senate Joint Resolution 80. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Is there any further business to come before the House -- before the Senate? You're acting like the House. I'm sorry. If not, pursuant to the adjournment resolution, Senator Geo-Karis moves the Senate stand adjourned until the hour of 3 p.m., Tuesday, May 21st, 2002. And don't forget the caucus immediately in Senator Philip's Office. 22