Illinois General Assembly Floor TranscriptsBrowseSenate92nd GA

Illinois Senate Floor Debate — June 1, 2002

92nd General Assembly (2001-2002) · Legislative day 108 · Regular Session
Chamber
Senate
General Assembly
92nd (2001-2002)
Date
June 1, 2002
Legislative day
108
Session
Regular Session
Speaker turns
228
Original
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PRESIDENT PHILIP

The Senate 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 Senator Geo-Karis. Senator Geo-Karis.

SENATOR GEO-KARIS

(Prayer by Senator Geo-Karis)

PRESIDENT PHILIP

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

SENATOR RADOGNO

(Pledge of Allegiance, led by Senator Radogno)

PRESIDENT PHILIP

Reading of the Journal. Senator Wendell Jones.

SENATOR W. JONES

Mr. President, I move that reading and approval of the Journals of Thursday, May 30th, and Friday, May 31st, in the year 2002, be postponed, pending arrival of the printed Journal.

PRESIDENT PHILIP

Senator Wendell Jones moves to -- to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There being no objections, so ordered. ...had a request to film today. WMAQ-TV Chicago and the Illinois Information Service. Is leave granted? Leave is granted. Messages from the House.

Harry (surname or first name uncertain)

A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 4787. 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 Passed the House, May 31st, 2002. Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 2212, with House Amendments 2 and 3. Passed the House, as amended, May 31st, 2002. A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of their amendment to a bill of the following title, to wit: House Bill 4157, with Senate Amendment 1. Nonconcurred in by the House, May 31st, 2002.

PRESIDENT PHILIP

Resolutions.

Harry (surname or first name uncertain)

Senate Resolution 453, by Senator Watson and all Members. It's a death resolution, Mr. President.

PRESIDENT PHILIP

Consent Calendar. We will now proceed to Executive Session for the purpose of advise and consent. Senator Petka. Senator Petka.

SENATOR PETKA

Thank you, Mr. President. I move the Senate resolve itself into Executive Session for the purpose of acting on the Governor's appointments set forth in the Messages of January 29, 2002, and May 14, 2002.

PRESIDENT PHILIP

You've heard the motion. All those in favor, signify by saying Aye. Those opposed, Nay. The motion carries. We are now in Executive Session. Mr. Secretary, Committee Reports. 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002

Harry (surname or first name uncertain)

Senator Petka, Co-Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of January 29th, 2002, reported the same back with the recommendation the Senate advise and consent to the following appointment.

PRESIDENT PHILIP

Senator Petka.

SENATOR PETKA

Mr. President, with respect to the Message of January 29, 2002, I'll read the nonsalaried appointment of which the Senate Committee on Executive Appointments recommends the Senate advise and consent: To be a member of the State Board of Education for a term ending January 12, 2005, Judith A. Gold of Chicago. Mr. President, having read that nonsalaried appointment from the Governor's Message of January 29, 2002, I now seek leave to consider that appointment on a roll call. Will you please put the question as required by our rules?

PRESIDENT PHILIP

Any discussion? Any discussion? If not, the question is, does the Senate advise and consent to the nomination just made. Those in favor will vote Aye. Those opposed, Nay. The voting is open. The voting is open. Have you all voted who wish? Have you all voted who wish? Take the record. On the question, there are 54 Ayes, no Nays. Those -- a majority of the Senate elected concurring by the record vote, the Senate does advise and consent to the nomination just made. Mr. Secretary.

Harry (surname or first name uncertain)

Senator Petka, Co-Chair of the Committee on Executive Appointments, to which was referred the Governor's Message of May 14th, 2002, reported the same back with the recommendation the Senate advise and consent to the following appointments. 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002

PRESIDENT PHILIP

Senator Petka.

SENATOR PETKA

Thank you, Mr. President. With respect to the Message of May 14, 2002, I will read the nonsalaried appointments of which the Senate Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Historic Preservation Agency Board of Trustees for a term ending January 20th, 2003, Lonnie Bunch, of Chicago. To be members of the Historic Preservation Agency Board of Trustees for terms ending January 19, 2004, Julie Cellini, of Springfield; Pamela Daniels, Elmhurst; Roger Taylor, of Galesburg. To be a member of the Illinois Sports Facilities Authority for a term commencing July 1st, 2002, and ending June 30th, 2005, Joan Etten, of Park Ridge. Mr. President, having read the nonsalaried appointments from the Governor's Message of May 14th, 2002, I now seek leave to consider the appointments on a roll call. Will you please put that question as required by our rules?

PRESIDENT PHILIP

Any discussion? Any discussion? If not, the question is, does the Senate advise and consent to the nominations just made? Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have you all voted who wish? Have you all voted who wish? Take the record. There are 54 Ayes, no Nays, no voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Petka.

SENATOR PETKA

Thank you, Mr. President. I now move that the Senate arise from Executive Session. 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002

PRESIDENT PHILIP

You've heard the motion. Those in favor will signify by saying Aye. The opposed, Nay. The Ayes have it. The motion carries. Introduction of Bills.

Harry (surname or first name uncertain)

Senate Bill 2422, offered by Senators Watson, Noland and others. (Secretary reads title of bill) 1st Reading of the bill.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) _______________ Chicago Tribune wishes to take photos in the Senate Chambers. Is leave granted? Leave is granted. Senator Demuzio, for what purpose do you rise?

SENATOR DEMUZIO

I had a parliamentary inquiry of the Secretary. Were there any motions filed last night that -- and are they on the Calendar?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) ...were three motions that were filed, but none were read in. Senator Demuzio.

SENATOR DEMUZIO

What were the motions on, since they're not on the Calendar? Are we privy to that information?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) We're going to get the information for you, Senator Demuzio, if you'd just wait just a second. Senator Demuzio, to answer your question, there were motions filed to reconsider the vote on Senate Bill 2393, House Bill 5686 and House Bill 4580. Motions. Mr. Secretary, have there been any motions filed?

Harry (surname or first name uncertain)

Yes, Madam President. Senator Philip has filed motions with respect to Senate Bill 2393 and House Bills 5868 {sic} (5686) and 4580. 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Mr. Secretary, the Chair requests that the motions be printed on the Calendar. So ordered. All right. If I could have the Body's attention, we are going to go to Secretary's Desk, Concurrence, at the top of page 21. Senator Cronin, on Senate Bill 314. Madam Secretary, read the motion.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their...

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Out of -- excuse me, Madam. He wants to hold that. We'll go to Senator Roskam, on Senate Bill 1282. Madam Secretary, read the motion.

ACTING SECRETARY HAWKER

I move to nonconcur with the House in the adoption of their Amendments 1 and 4 to Senate Bill 1282. Motion filed by Senator Roskam.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Roskam.

SENATOR ROSKAM

Thank you, Madam President, Ladies and Gentlemen of the Senate. I make the motion that the Secretary just read and ask for Aye votes.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Roskam moves to nonconcur in House Amendments 1 and 4 to Senate Bill 1282. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion is so accepted. Secretary shall so inform the House. Senator Syverson, on Senate Bill 1635. Madam Secretary, read the motion.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1635. Motion filed by Senator Syverson. 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

SENATOR SYVERSON

Thank you, Madam President. This is legislation that we have seen before with the -- giving the rights of local municipalities to make some determination on the size of their aldermanic size. This came back from the House with a couple of changes that some other communities needed. Passed unanimously. I know of no opposition.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, this is final action, and the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 1635. Those in favor will vote Aye. Those 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. On that question, there are 55 Ayes, no Nays, none voting Present. The Senate does concur in House Amendments 1 and 2 to Senate Bill 1635, and having received the required constitutional majority, is declared passed. Senator Bomke. Madam Secretary, read the motion.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1657. Motion filed by Senator Bomke.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Bomke.

SENATOR BOMKE

Thank you, Madam President, Ladies and Gentlemen of the Senate. This is same bill I had yesterday before you. There was some confusion. I don't know that it's necessary that I explain the Amendments 1 and 2 to you again. But be happy to answer any questions. 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is -- this is final action, and the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 1657. All those in favor will vote Aye. Opposed, vote Nay. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. The Senate does concur in House Amendments 1 and 2 to Senate Bill 1657, and having received the required constitutional majority, is declared passed. Senator Burzynski, on Senate Bill 1689. Madam Secretary, read the motion.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1689. Motion filed by Senator Burzynski.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Madam President. Amendment No. 2 adds two new types of licensure under the Environmental Health Practitioners and gives examples of the types of activities they can participate in.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, this is final action, and the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1689. This -- those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. The Senate does concur in House Amendment No. 2 to Senate Bill 1689, and having received the 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 required constitutional majority, is declared passed. Senator Cronin, on Senate Bill 1983. Senator Thomas Walsh, on Senate Bill 2192. Madam Secretary, read the motion.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 2192. Motion filed by Senator Thomas Walsh.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Out of the record. We'll have leave of the Body to come back to Senate Bill 2214. Senator Rauschenberger, on Senate Bill 2216. Madam Secretary, read the motion.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2216. Motion filed by Senator Rauschenberger.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you, Mr. {sic} President, Ladies and Gentlemen of the Senate. This is the annual increase in the bond authorization for the Illinois Development Finance Authority. It's the only finance authority in the State that annually has to come down and seek our permission. It's a modest request. It actually gives them flexibility. There's no State guarantees in their bonds. Be happy to try to answer questions and would appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, this is final action, and the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 2216. Those in favor will vote Aye. Opposed, Nay. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 the record. On that question, there are 54 Ayes, no Nays, none voting Present. The Senate does concur in House Amendment No. 1 to Senate Bill 2216, and having received the required constitutional majority, is declared passed. Senator Syverson, on Senate Bill 2241. Madam Secretary, read the motion.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendment No. 3 to Senate Bill 2241. Motion filed by Senator Syverson.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

SENATOR SYVERSON

Thank you, Madam President. This legislation, we also originally looked at, dealt with architectural fees for hospitals that were making changes to the homeland security. It's come back. We've put some legislation on there that's crucial to Senator Woolard, and I'd like to turn it over to Senator Woolard just to briefly explain what his amendment will do to this legislation.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Woolard.

SENATOR WOOLARD

This amendment will accommodate saving a hospital, in fact the only hospital within Franklin County. It gives them the authority to borrow operational monies, which they don't have now, and I would encourage your support for same.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Further discussion? Seeing none, this is final action, and the question is, shall the Senate concur in House Amendment No. 3 to Senate Bill 2241. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 Nays, none voting Present. The Senate does concur in House Amendment No. 3 to Senate Bill 2241, and having received the required constitutional majority, is declared passed. Senator -- no -- different -- okeydoke. Middle of page 23, Order of Conference Committees, is House Bill 1640. Senator Thomas Walsh. Madam Secretary, do you have on file a conference committee report on House Bill 1640?

ACTING SECRETARY HAWKER

Second Conference Committee Report on House Bill 1640.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Thomas Walsh.

SENATOR T. WALSH

Thank you, Madam President. The Second Conference Committee Report on House Bill 1640 is the repeal of nine boards and commissions that the Governor's Office have -- has felt were no longer necessary. This is down significantly from the number that we had sent -- that we had passed before, but the Governor had, by Executive Order, eliminated many of 'em. So, these are boards that, again, have -- for whatever reason they're duplicative and are no longer necessary, and we would ask for their elimination. And I'd ask for a favorable vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Thank you, Senator Walsh. Apologize for the slowness. We needed to check something. Is there any discussion on House Bill -- the Second Conference Committee Report on House Bill 1640? Seeing none, the question is, shall the Senate adopt the Conference Committee Report on House Bill 1640. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 6040 {sic}, and the bill, having received the required 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 three-fifths majority, is declared passed. Senator -- Senator Radogno, on House Bill 1975. Madam Secretary, do you have a file -- a conference committee report on House Bill 1975?

ACTING SECRETARY HAWKER

Yes. First Conference Committee Report on House Bill 1975.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Radogno.

SENATOR RADOGNO

Thank you, Madam President. This Conference Committee restores the bill as it passed the Senate, but it adds back two references to mobile -- home park rules and regulations and, in one instance, clarifies that the violation of those must make the mobile home hazardous or dangerous. Be happy to try to answer any questions.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? The question is, shall the Senate adopt the Conference Committee Report on House Bill 1975. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 1975, and the bill, having received the required -- three-fifths majority, is declared passed. Senator Syverson, on House Bill 4975. Madam Secretary, do you have on file a conference committee report?

ACTING SECRETARY HAWKER

Yes. First Conference Committee Report on House Bill 4975.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

SENATOR SYVERSON

...President -- thank you, Madam President. This is final language that has been negotiated with the Trial Lawyers, the 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 Automobile Dealers, and I think everyone's in agreement and would ask for a favorable roll call.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall the Senate adopt the Conference Committee Report on House Bill 4975. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 4975, and having received the required constitutional majority, is declared passed. Senator Roskam, on House Bill 5652. Madam Secretary, do you have on file a conference committee report?

ACTING SECRETARY HAWKER

Yes. First Conference Committee Report on House Bill 5652.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Roskam.

SENATOR ROSKAM

Thank you, Madam President, Ladies and Gentlemen of the Senate. The Report makes a minor clarification to Senate Amendment No. 1 as it relates to the change in the aggravated robbery statute, bringing the armed violence statute into compliance with the recent Supreme Court decision. The Report changes the way the aggravated robbery statute is changed, by inserting the term "falsely". This change eliminates the requirement that a prosecutor prove the absence of a weapon in the commission of the robbery. It now requires prosecutors to prove the weapon was used falsely in the commission of the robbery. It came out of Exec on an attendance roll call. I'm not aware of any opponents.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 Is there discussion? Is there discussion? Seeing none, the question is, shall the Senate adopt -- the -- Conference Committee Report on House Bill 5652. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 5652, and the bill, having received the required three-fifths majority, is declared passed. Senator Radogno, on House Bill 5996. Madam Secretary, do you have on file a conference committee report?

ACTING SECRETARY HAWKER

Yes. First Conference Committee Report on House Bill 5996.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Radogno.

SENATOR RADOGNO

Thank you, Madam President. This bill, when it left the Senate, dealt with a situation that had come up in the western suburbs and also a number of places in the State over the years where youth leagues -- youth sport leagues were using twelve- and thirteen-year-olds and paying them to officiate at games. The Conference Committee Report simply represents some refinements in language that had been requested in committee by the park districts and the Department of Labor. I'd be happy to try to answer any questions.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall the Senate adopt the Conference Committee Report on House Bill 5996. Those in favor will vote Aye. Opposed, Nay. And the voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, no Nays, none voting 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 Present. The Senate does adopt the Conference Committee Report on House Bill 5996, and the bill, having received the required three-fifths majority, is declared passed.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Madam Secretary, Committee Reports.

ACTING SECRETARY HAWKER

Senator Weaver, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Conference Committee Report No. 1 to Senate -- House Bill 5375.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) We're at the bottom of page 23, under Conference Committee Reports. We have House Bill 6012. Senator Donahue. Madam Secretary, do you have a file of a conference committee report on House Bill -- 6012?

ACTING SECRETARY HAWKER

Yes. First Conference Committee Report on House Bill 6012.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

SENATOR DONAHUE

Thank you very much, Mr. President, Members of the Assembly. Currently, telecommunication retailers collect several types of municipal telecommunication taxes and fees from customers on behalf of municipalities in Illinois, and they remit them back to the municipality. But as of January 1st, 2003, these various taxes will be combined into a simplified municipal telecommunications tax and remitted to the Department of Revenue for distribution to the municipalities, and currently there's no statute or procedure in place to provide customer appeals or corrections to the assignment of services addressed to the proper taxing jurisdiction. So what we're trying to do here is put in a procedure and a process by which if there is an incorrect -- if a 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 customer believes they're being improperly taxed, they have a process by which to correct that. That's what this bill does. Had some complications, but we've got it all agreed to. Everybody is pretty much signed off, and I would ask for the adoption of Conference Committee Report on House Bill 6012.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bill 6012. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 55 voting Yes, no voting No, no voting Present. The Senate does adopt the Conference Committee Report on House Bill 6012, and the bill, having received the required three-fifths majority, is declared passed. Earlier, leave was granted to go back to page 22. Middle of page 22, under Secretary's Desk, Concurrence, is Senate Bill 2214. 2214. Madam Secretary, please read the motion.

ACTING SECRETARY HAWKER

I move to concur with the House in the adoption of their Amendments 1, 2, 3, 5, 6 and 7 to Senate Bill 2214. Motion filed by Senator Donahue.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

SENATOR DONAHUE

Thank you very much, Mr. President, Members of the Assembly. This is the annual conveyance bill. We have a total of, I believe, eighteen parcels. They're all contained in these various amendments. We've passed each and every one of them. There's no opposition to this, and I would simply ask for your concurrence in Senate Bill 2214. Be glad to answer any questions, if anyone has 'em. 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, this is final action, and the question is, shall the Senate concur in House Amendments 1, 2, 3, 5, 7 and 6. Those in favor, vote Aye. And that is amendments to Senate Bill 2214. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 55 voting Yes, no voting No, no voting Present. The Senate does concur in House Amendments 1, 2, 3, 5, 6 and 7 to Senate Bill 2214, and the -- having received the required three-fifths majority, is declared passed. Now move to Supplemental Calendar No. 1, dated June 1st of the year 2002, Conference Committee Report. Madam Secretary, do you have a file of a conference committee report on House Bill 5375?

ACTING SECRETARY HAWKER

Yes. First Conference Committee Report on House Bill 5375.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Luechtefeld.

SENATOR LUECHTEFELD

Thank you, Mr. President, Members of the Senate. Conference Committee Report on House Bill 5375 deals with the DuQuoin issue of using -- a non-home rule community allowing sales tax to be used for school construction. We've removed, in the Conference Committee Report, the referendum language that was in it. I would ask for the adoption of this -- of Conference Committee Report on House Bill 5375.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Larry Walsh.

SENATOR L. WALSH

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

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Walsh. 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002

SENATOR L. WALSH

Senator Luechtefeld, could you explain just a little bit more about exactly what -- what the Conference Committee Report removed?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Luechtefeld.

SENATOR LUECHTEFELD

In the -- or, in the -- in the bill, we -- we had -- we had constructed the language that was supposed to be in the referendum. That -- that language was taken out, and -- and it's simply they must have this referendum on -- in November of this year.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh.

SENATOR L. WALSH

So, there will be a referendum, a binding referendum, a front-door referendum, in November, in regards to the taxpayers approving a -- using the sales tax as a source of revenue for school -- matching school construction grants?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Luechtefeld.

SENATOR LUECHTEFELD

Yes, there will be a binding resolution -- or, referendum.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Bomke. Further discussion? Senator Welch.

SENATOR WELCH

A question of the sponsor.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Welch.

SENATOR WELCH

Senator, is the school district -- does it have the same 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 boundaries as the City of DuQuoin, or does it extend beyond the City?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Luechtefeld.

SENATOR LUECHTEFELD

Senator, all it -- all it does is allow it to be used for -- school construction. The -- the -- you know, the boundaries of the -- of the district do include more than the City itself, yes.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

SENATOR WELCH

But the sales tax will only be paid by residents who live in the City and the residents who live outside the City will be able to take advantage of the -- of the school construction, even though they don't contribute anything to it?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Luechtefeld.

SENATOR LUECHTEFELD

Senator, you know that that's what cities are all about. People come to them and buy. So there'll be people all around that City, and even outside the City, who will -- who will help pay for that tax referendum.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? If not, Senator Luechtefeld, you wish to close?

SENATOR LUECHTEFELD

I would ask that you adopt this amendment, please.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall the Senate adopt Conference Committee Report on House Bill 5375. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 that question, there's 55 voting Yes, no voting No, no voting Present. The Senate does adopt the Conference Committee Report on House Bill 5375, and the bill, having received the required constitutional three-fifths majority, is declared passed. We're moving to page 20. Secretary's Desk, Resolutions. Page 20 of our current Calendar. We have Senate Resolution 446. Senator Geo-Karis? Madam Secretary, please read the resolution.

ACTING SECRETARY HAWKER

Senate Resolution 446. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Geo-Karis.

SENATOR GEO-KARIS

Ladies and Gentlemen of the Senate and Mr. -- Mr. President -- excuse me, this is simply a resolution proclaiming that the ancient Macedonians are Hellenes and that the inhabitants of the Northern Province of Greece, Macedonia, are their Hellenic descendants. There's been some talk back and forth, various political groups, from Albania and what have you, crossing over and trying to change it. So, we're just asking that -- all of you just to approve this resolution for the Macedonian people. And I ask for a favorable vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Discussion? Senator Dudycz.

SENATOR DUDYCZ

Yes. Thank you, Mr. President. Just a question of the sponsor.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she'll yield, Senator Dudycz.

SENATOR DUDYCZ

Senator Geo-Karis, I'm sorry. I didn't hear your -- beginning of your explanation. I thought I heard you say that ancient 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 Macedonians were aliens. Could you please elaborate on that?

SENATOR GEO-KARIS

Senator Dudycz...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator -- Senator Geo-Karis.

SENATOR GEO-KARIS

I never said that they're aliens. Are you an alien? No. Anyway, Alexander the Great was from Macedonia, as you know, and what this is doing is proclaiming the ancient history of Alexander the Great in saying that Macedonians are Hellenes. In other words, Hellenes means they were Greeks from Macedonia and the inhabitants of the Northern Province of Greece, Macedonia, are their Hellenic descendants. It's as simple as that.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh, question? Any further discussion? Further discussion? If not, Senator Geo-Karis moves the adoption of Senate Resolution 446. Those -- those in favor, say Aye. Aye, Aye! Opposed, Nay. The Ayes have it. And the resolution is adopted. Senator Tom Walsh, for what purpose do you rise, sir?

SENATOR T. WALSH

Thank you, Mr. President. For a point of personal privilege.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) State your point.

SENATOR T. WALSH

Today, this is a surprise party for one our esteemed colleagues. In our being here an extra day, we are here on Kirk Dillard's birthday, and so we would like to wish Kirk a happy birthday. And I have a feeling there'll still be time to send somebody out and get a cake or something here, Kirk, and we can all enjoy it. So, happy birthday, Senator Dillard.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard, would you please rise? Welcome to the Senate, 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 and happy birthday. Senator Demuzio, for what purpose do you rise?

SENATOR DEMUZIO

Well I thought this was the appropriate time, since you were in the Chair, to say that we also have a birthday on this side of the aisle, too. Lawren Tucker, on our staff, is having a birthday today, too, and whoever buys that cake for Dillard, you know, I -- they can split it. You know, half for him and half for Lawren. Thank you. Happy birthday, Lawren.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Lawren, happy birthday. We are at the bottom of page 20. Senator Bowles, on Senate Joint Resolution 69. Madam Secretary, please read the resolution.

ACTING SECRETARY HAWKER

Senate Joint Resolution 69. No committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bowles.

SENATOR BOWLES

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Joint Resolution 69 provides for the naming of the entire portion of Interstate 255 and Interstate 270, the loop that lies entirely on -- in the State of Illinois, as the American Veterans Memorial Highway. The State of Missouri has already done this in -- in memory of those people who have dedicated their lives, in many instances, and are presently dedicating their lives in the military. I would ask for an affirmative vote on the naming of this portion of Interstate 255-Interstate 270 in the State of Illinois.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, those -- Senator Bowles moves the adoption of Senate Joint Resolution 69. And since there is an expenditure of funds, it will require a roll 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 call. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 55 voting Yes, no voting No, no voting Present. And the resolution is adopted. Messages from the House, Mr. Secretary.

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 Representatives has refused to concur with the Senate in the adoption of their amendment to a bill of the following title, to wit: House Bill 5647, with Senate Amendment 2. Nonconcurred in by the House, May 31st, 2002. A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of their amendment to a bill of the following title, to wit: House Bill 4157, with Senate Amendment 1. Nonconcurred in by the House, May 31st, 2002.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Intention of the Chair to recess until 3 o'clock. 3 o'clock this afternoon. So... (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Would the Members please return to the Floor? Please return to the Senate Floor. Coats and ties are required on the Senate Floor. Just a reminder. Coats and ties are required on the Senate Floor. Fox-Chicago requests permission to videotape the 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 proceedings. Is there any objection? If not, they may tape the proceedings. House Bills 1st Reading, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 4787, offered by Senator Watson. (Secretary reads title of bill) 1st Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) ...on page 21, Secretary's Desk, Concurrence. Right in the middle of the page is Senate Bill -- I'm sorry. Top of the page is Senate Bill 314. Senator Cronin. Mr. Secretary, would you please read the motion? Senator Cronin.

SENATOR CRONIN

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move to nonconcur in the House amendments to Senate Bill 314.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion on that? Senator Cronin moves to nonconcur in House Amendments -- 1 to Senate Bill 314. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. On page 22, a third of the way down, we have Senate Bill 1983. Senator Cronin? Mr. Secretary, do you have a motion?

Harry (surname or first name uncertain)

...move to nonconcur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1983. The motion, by Senator Cronin.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin moves to nonconcur in House Amendment 1, 2 to Senate Bill 1983. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Senator Karpiel, for what purpose do you rise, ma'am?

SENATOR KARPIEL

24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 I rise to announce a Republican Caucus immediately in Senator Philip's Office. And for all of you that are not on the Floor, or in your offices, I hope you hear -- hear this message -- this announcement.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Caucus immediately in Senator Philip's Office. Senator Demuzio?

SENATOR DEMUZIO

Do you have any idea how long it might be, Mr. President?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) We'll just stand at ease to the call of the Chair. (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Will the Members please return to the Floor? Members, please return to the Floor. So, again, I would like to remind the Members to return to the Floor right away, please. Mr. Secretary, Messages.

Harry (surname or first name uncertain)

Message from the President, dated June 1st, 2002. Dear Mr. Secretary - Pursuant to the provisions of Senate Rule 2-10(e), I hereby extend the deadline for Senate Bills and House Bills 3rd Reading on the following category of bills, with specific bills enumerated under this category, to June 30, 2002: Human Services - specifically, House Bill 1535. State Finance - specifically, House Bill 2828. And Pensions - specifically, House Bills 5168 and 5169. Signed by President Philip.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) On page 10 of the Calendar, current Calendar, today's 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 Calendar, House Bills 3rd Reading. Senator Walsh wishes to return to the Order of 2nd Reading House Bill 5168, if there's no objection. Hearing none, leave is granted. On the Order of 2nd Reading is House Bill 5168. Mr. Secretary, are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No. 3, offered by Senator Molaro.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro.

SENATOR MOLARO

Thank you -- yeah, I did. It was my amendment, Senator Walsh. Your bill. Right -- well, we'll -- we'll do it on -- on 3rd Reading, but let me just tell you, just briefly, what this amendment does. This is the long-awaited pension bill that has been around this Chamber for about four or five years. We've always had problems getting pensions out, for whatever reason. Hopefully that'll change in the future, but this has been sitting here for four or five years. There's a bunch of provisions that I will go into very briefly on 3rd Reading and certainly will answer questions at that time. So, I would ask that we would adopt the amendment so we can get to 3rd Reading and explain the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Any other Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. We will now go to the Order of 3rd Reading. House Bill 5168. Senator Tom Walsh. Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 House Bill 5168. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh.

SENATOR T. WALSH

I was going to suggest that on both these bills, Senator Molaro's amendment becomes the bill, so he will be handling this one. On the next one, Senator Donahue's amendment becomes the bill. So, if you want to do it on 2nd or 3rd Reading, it doesn't make any difference. This is already on 3rd Reading, so I would refer to Senator Molaro.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro.

SENATOR MOLARO

Thank you, Mr. President. Let me point out a -- a few things, then, to this bill. For those of you who have maybe not been in your offices, less than five minutes ago, the House of Representatives passed a bill which is -- was the -- early retirement incentive for State employees. As we speak, that's on its way to the Governor's Office, which -- which was a pretty comprehensive bill. We've talked about it in this Chamber, and that was to -- there will be a savings in the budget - I don't know the exact numbers - but early retirements, as we talked before, are for when there is a financial crunch. The bill that's before you today, as amended, most of the provisions in this bill, if not all of them, passed -- first of all, they all passed through Pension Laws Commission. Every one of 'em had a full hearing, sometimes for hours, sometimes just a few minutes. All of the provisions of this bill passed the Pension Laws Commission. Ninety-five percent of the bills passed unanimously. Now you ask, "Why were they passed unanimously?" All of the provisions in this 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 bill are local pension funds. It does make amendments to the Chicago Municipal Fund, the Chicago Laborers' Fund, the Cook County Pension Fund, the Water Reclamation District and a few small changes to the Chicago Teachers' pension funds. All of the pension funds, the four that I just mentioned, other than CTRS, which gets a small stipend from the State, all of those pension funds are paid for by contribution from the employees of Cook County and Chicago, and also from tax levies by the City of Chicago and Cook County. No State money whatsoever is given to those pension funds. There is nothing in State law. So, someone asked me earlier, one of the -- one of my colleagues said, "Well, why are we here? Why does it have to go through the General Assembly?" Well, I tried to look from 1921, when we passed the retirement provisions, and, basically, what I was told, Mr. President, is that back in the twenties - I think it was the Chicago Civic League or the Chicago Civic Federation - that it wanted to be -- Pate would love to hear this, if he were here - they didn't want it to be that the Mayor of the City of Chicago and the aldermen would control the pension funds of all these City workers. They thought, for their own good, they better have the State come in. There would be one more level of -- of -- sort of like to give it sunshine, or one more level that they had to go through to make sure that there was nothing untoward going on. Well, that's happened for many, many years and we created sixteen pension funds here -- here in the State of Illinois. Four or five are paid by our tax dollars from the entire State. The rest are paid by the locals. So, basically, we come to you, but I wanted to be clear, that you understand, that there's no provisions here that cost any State money. It's all the money of the locals, and it's all the money of the retirees and the members of those funds. Every bill that's before you -- every provision before you has been brought and approved by the employer, be it City of Chicago, 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 County of Cook, Water Reclamation or the -- or the Board of Education. All have been approved by the trustees of their pension funds on all four funds, and all of them have been approved by the employee association. For those of you who sit on the Pension Laws Commission know, that we don't even -- we tend to don't even look at 'em unless there's approvement -- I mean, it's been approved by all of that triad, if you will. When they're State funds, we actually vote and we -- we give final approval, but on these funds, we let them get together. It's where we do not want to micromanage their pension funds, since none of the money comes from us. With that said, the major provisions. There are a couple provisions in here to right a wrong, such as -- and I won't go over all of 'em, but such as where the fund would tell somebody -- they would come in and say, "How long have you worked for the county?" "Well, I've worked there -- ten years will be next week." "Well, if you retire in ten years, retire in about a week and a half, you will get seven hundred bucks a month." Well, what they failed to realize was that in his third year of employment, he had a four-month leave of absence, which doesn't count. The man retired, and he only got two hundred a month because in Cook County, the ten year is the cutoff. So, this rights that type of wrong. There is no special legislation for any special individual in these bills. But the major provisions for the City of Chicago - about three or four years ago, there was a major agreement with the City -- the Mayor and the unions. The Mayor said, "If we're over ninety-percent funded, we -- we won't any longer have to do a tax levy into the fund." They gave that up and said, "Okay, but we want to go from 2.2 to 2.4." Everybody agreed. We came down here and we just couldn't get the legislation passed. This Body has passed that piece of legislation three or four different times. When it went over to that Chamber, they added language. When it came back here, the language they added, we didn't like. We added 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 language and they didn't like it. Under this day of -- seems like we're getting pretty close, it seems like now everybody seems to be on board. So, with that, it goes from 2.2 to 2.4 with their formula. There's -- also, it eliminates four-year requirement for a child's annuity. It also eliminates where -- there was a point, and it's also in the County part, whereby if you retire and you're not married, you can't go out and get married. They would no -- you could get married, but they couldn't get the spousal benefit. They didn't want any gold diggers going to these old retirees trying to get married, and then they die and they get fifty percent. It was called a -- it was actually called the "gold digger provision", believe it or not. Well, anyway, in this time of enlightenment, so to speak, we have it now that if you're retired, but you've been married at least a year, you're entitled to the spousal. So, it does go from 2.2 to 2.4, and it also grants, automatically, a three-percent compounding. They now have it if you retire at a thousand bucks a month, you get three percent every year, which, I think, is thirty dollars. So, each year you get thirty-dollar increase. This is now three-percent compounding. First year's thirty, next year's thirty-five, the next year's forty-two, whatever it may be. All right. Cook County has similar provisions: 2.2 to 2.4, widow's benefits, sixty to sixty-five. And there are other benefits that you have read. The teachers because of teacher shortage, one fifty to two hundred. These -- it's been there four years, and we're ready. So, I'd ask for a favorable roll call...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Trotter.

SENATOR TROTTER

Well, I'll be very brief. I -- I strongly support this legislation, and for -- for many reasons, but one in particular. Cook County Hospital, as you know and the world knows, has 30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 provided quality health care to this -- to the citizens of this State, people of this country. We have trained some of the best doctors in this country. At this point in time, because as -- everything happens, the hospital is now downsizing. We've gone from having twelve hundred beds down to three hundred and sixty-seven beds, and as a consequence of that, the hospital will be opening this fall. Many of those people who have given many years of service are going to be asked to leave their jobs. This certainly will assist those folks who have served all of us, in this case, by -- bumping their pension, allow them to get out, go on with their lives while they're still healthy and -- and also allow us to save some money in the County so we can continue to give quality services on -- on other levels, as well.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Syverson.

SENATOR SYVERSON

Thank you, Mr. President. Just a quick question of the sponsor.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Syverson.

SENATOR SYVERSON

Is there any securitization in this legislation?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro.

SENATOR MOLARO

...thought we could get it passed, I would have put it in it. But I didn't think we could get it passed. So, no.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson.

SENATOR SYVERSON

If not, I would urge our Members to vote Present on this.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 Further discussion? Senator Tom Walsh.

SENATOR T. WALSH

Just to close. I apologize to the Body for not handling this bill myself and having Senator Molaro handle it. I promise you that on the next one that I've asked Senator Donahue to handle, she will be much more brief than Senator Molaro was. And I'd ask for a favorable roll call.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall House Bill 5168 pass. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 54 voting Yes, no -- 1 voting No, no voting Present. House Bill 5168, having received the required constitutional majority, is declared passed. Senator Walsh wishes to return House Bill 5169 to the Order of 2nd Reading for the purposes of an amendment. Is there any objection? If not, leave is granted. On the Order of 2nd Reading is House Bill -- 5169. Mr. Secretary, are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No. 1, offered by Senators Donahue and Parker.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

SENATOR DONAHUE

Thank you, Mr. President. This is a very good pension amendment, and I'd ask for your support. Thank you. What this is, it amends the Illinois Pension Code, and it allows members with ten years of service in the Teachers' Retirement System to purchase up to two years of service credit at a private school. The fiscal impact - it requires the contributions to be fully funded, the actuarial cost of service. It allows up to two years of unused compensated sick leave - currently just one year - to be 32 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 calculated in the final average salary for the annuity. And I would ask for your support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Noland.

SENATOR NOLAND

A question of the sponsor.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she'll yield, Senator Noland.

SENATOR NOLAND

Have you consulted with one of the State's foremost labor leaders, David Sullivan, on this issue?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any other discussion? She refuses to answer, Senator. Any other discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. On the Order of 3rd Reading, we have House Bill 5169. Senator Tom Walsh? Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

House Bill 5169. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Walsh.

SENATOR T. WALSH

I'm going to refer to Senator Donahue, but I would hope that in your explanation, you'd give us a little history of the Teachers' Retirement System and private education, which are both very key. Kind of go back and -- maybe not -- not as far as 1921, 33 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 but if you could go back to about 1944 and let us know what's happened since then.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

SENATOR DONAHUE

Thank you, Mr. President. As I said earlier, this amends the -- Downstate Teachers' pension. It allows members up to ten years of service to purchase two years, and I think it's an important piece of legislation. And I'd ask for your support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall House Bill 5169 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 56 voting Yes, no voting No, no voting Present. The -- House Bill 5169, having received the required constitutional three-fifths majority, is declared passed. An announcement in regard to the fund-raising that we did for the softball game. We raised -- I believe it was six hundred and seventy-some dollars for the Big Brothers Big Sisters Program here in Springfield. We couldn't arrange to have them here for a presentation, but once again, thanks to all the Members, and especially thanks to Dave Luechtefeld and Dave Syverson, who contributed to -- a little extra for us, buying a tie of Bill Brady's and -- can't remember what Dave bought, Dave Luechtefeld. But, anyway, it was at an auction and they paid -- they paid for that, and we put -- put that money towards the Big Brothers Big Sisters. But all of us contributed, and thank you very much. And, once again, we had a successful year. Senator Wendell Jones.

SENATOR W. JONES

Yes, a point of personal privilege.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 34 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 State your point.

SENATOR W. JONES

I have a -- a Chris Lauzen tie that I bought three years ago for three hundred dollars. And -- well, I didn't actually buy it; it was auctioned, and I lost the auction. And it's in my office and it's -- it's marked down from three hundred. I've marked it down, and anybody that wants to buy it, I'll donate the money to the Boys and Girls Clubs of Springfield. So, if we -- is -- is Senator Sieben on the Floor? He could maybe auction it off. Where's Todd? Could you help me -- could you help me here? We could start the bidding at maybe ten, fifteen cents.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones, Wendell.

SENATOR W. JONES

...been a suggestion that possibly Danny Hynes could -- could buy the tie.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben, for what purpose do you rise, sir?

SENATOR SIEBEN

Well, Mr. President, I don't believe the Members of this Body, at the level of trust that exists here today and last night, would -- would at all consider -- bidding on something that Senator -- Senator Jones has referred to that they have not seen at least on their desk for one hour -- prior to bidding on it. So, I would suggest that Senator Jones bring this tie down to the Floor and -- and circulate it among the Members for at least one hour and have it posted by the photograph here, and then -- then maybe we could conduct an auction.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Wendell Jones.

SENATOR W. JONES

Thank you, Mr. President. Would the sponsor yield? Oh, I'm 35 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 the -- I'm sorry. If the Rainy Day Fund could be used for some of this, then maybe we could -- maybe we could get some money together. I will bring the tie down. It's pretty damn ugly, but I'll bring it down anyway.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Jacobs.

SENATOR JACOBS

Thank you, Mr. President, Ladies and Gentlemen of the Senate. In keeping with the comments made by Todd Sieben, that there's been some -- some distrust here, but I think that trust can be -- be rebuilt. But, Senator, I do have a question in regards to the tie. You indicated that you would receive the money and then you would make a donation to the Boys and Girls Club. Is it then your opinion that you'll be able to deduct that from your taxes?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Wendell Jones, and let's be careful.

SENATOR W. JONES

Yes -- yes, thank you. Senator Lauzen gave me an opinion as a CPA last year that when I am not in Springfield, that I can deduct my winnings that I would have had from Senator Weaver and others while I'm not here. So, yes, I can deduct this and you can deduct it. If you would give me some money for it so I could give it to the Boys and Girls Clubs, this would -- this could work out for both of us, and we'll give you another swamp. Did you hear me, Senator?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Jacobs.

SENATOR JACOBS

Just again, though, here we go again, the same old stuff. You're saying that I'm going to be able to get a donation. I cannot donate to you and get a -- a -- a deduction off my income tax. But I'm going to give you the money and you're going to give 36 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 it to the Boys and Girls Club and you're going to take the donation. Is that fair? I know it's fair to you, but is it fair to me?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Wendell Jones.

SENATOR W. JONES

I don't have the foggiest idea what you're talking about, Senator. But the tie is coming down. I'm going to pass it around, and I hope some of you will -- will donate money to the Boys and Girls Club of Springfield. I'd like to get this tie out of my office.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel, for what purpose do you rise, ma'am?

SENATOR KARPIEL

I assume that I am enthusiastically rising to announce a Republican Caucus immediately in Senator Philip's Office.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) We will recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR SIEBEN

To announce a Republican Caucus in Senator Pate Philip's Office immediately. Ask all Members -- all Senate Republican Members to come to Senator Pate Philip's Office for a Caucus.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Republican Caucus immediately in Senate -- Senator Philip's Office. Senate will stand at ease till the call of the Chair. 37 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) We will be, for all practical purposes, leaving the building. There will be no business taking place on the Senate Floor, except for receiving paperwork from the House. So, there'll be -- we will keep it open, but for no Floor action. So, you can leave as of now, and we will come back tomorrow at 1 o'clock. 1 o'clock in the afternoon. Mr. Secretary, have there been any motions filed?

Harry (surname or first name uncertain)

Yes, Mr. President. Senator Karpiel has filed a motion with respect to House Bill 822.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Mr. Secretary, the Chair requests that these motions be printed on the Calendar. So ordered. Messages from the House, Mr. Secretary.

Harry (surname or first name uncertain)

A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of the bill -- of a bill of the following title, to wit: Senate Bill 251, with House Amendment No. 2. We have like Messages on Senate Bill 2130, with House Amendment 2 and Senate Bill 2201, with House Amendment 1. All passed the House, as amended, June 1st, 2002, by a three-fifths vote. A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to recede from their Amendment No. 1 to a bill of the following title, to wit: Senate Bill 314. 38 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day June 1, 2002 I am further directed to inform the Senate that the House of Representatives requests a First Committee of Conference. We have a like...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Without...

Harry (surname or first name uncertain)

Pardon me, Mr. President. We have a like Message on Senate Bill 1983. Action taken by the House, June 1st, 2002.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Without objection, the Senate accedes to the request of the House for conference committees on those bills just read by the Secretary. Leave is granted. One more time, in case Members did not hear this in their offices. We have concluded business here in the Senate, but we are not adjourning just so we can take some paperwork if necessary. And we will be coming into Session tomorrow afternoon. Sunday, tomorrow afternoon at 1 p.m. Have a good evening. Senator Cullerton, for what purpose do you rise, sir?

SENATOR CULLERTON

Are there any committees scheduled for tomorrow?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) There are none scheduled as of yet. (SENATE STANDS AT EASE/SENATE RECONVENES)

Harry (surname or first name uncertain)

Being no further business, the perfunctory Session of the Senate is concluded. Pursuant to the direction of the Chair, the Senate will reconvene in regular Session tomorrow at 1 p.m. The Senate is adjourned. 39