Illinois General Assembly Floor TranscriptsBrowseSenate92nd GA

Illinois Senate Floor Debate — November 20, 2002

92nd General Assembly (2001-2002) · Legislative day 112 · Regular Session
Chamber
Senate
General Assembly
92nd (2001-2002)
Date
November 20, 2002
Legislative day
112
Session
Regular Session
Speaker turns
186
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

Reading -- Reading of the Journal. Senator Wendell Jones.

SENATOR W. JONES

Mr. President, I move that reading and approval of the Journal of Tuesday, November 19th, in the year 2002, be postponed, pending arrival of the printed Journal.

PRESIDENT PHILIP

Senator Wendell Jones moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. Hearing no objection, so ordered. Senator Demuzio, for what purpose do you rise?

SENATOR DEMUZIO

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Let me indicate that Senator Ronen is ill today and -- and probably will not be with us again tomorrow. So if the -- if the record would please reflect.

PRESIDENT PHILIP

The record will so indicate.

SENATOR DEMUZIO

1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 Mr. President...

PRESIDENT PHILIP

Senator Weaver. I'm sorry. Senator Demuzio.

SENATOR DEMUZIO

Also, Mr. President, I have visiting with us, in the gallery behind me, the Macoupin County Senior Citizens, of which, you know, I am a member. I'm just not with them today. But our Macoupin County Senior Citizens, under the direction of Cathy Petrak, are here. I would like the Senate to please recognize them. If our guests would please stand.

PRESIDENT PHILIP

Will they please rise and be recognized by the Senate? Messages.

Harry (surname or first name uncertain)

Message from the President, dated November 20th, 2002. Dear Mr. Secretary - Pursuant to the provisions of Senate Rules 3-1 and 3-2, I am hereby appointing Senator Laura Kent Donahue to the vacant position on the Senate Executive Committee created by the resignation of Senator Walter Dudycz, effective immediately. Signed by President Philip.

PRESIDENT PHILIP

Committee Reports.

Harry (surname or first name uncertain)

Senator Syverson, Chair -- Vice-Chair of the Committee on Transportation, reports House Bills 3797 and 5222 Do Pass, as Amended. Senator Cronin, Chair of the Committee on Education, reports House Bills 1445 and 1839 Do Pass, as Amended, and Senate Joint Resolution 82 Be Adopted. Senator Petka, Vice-Chair of the Committee on Executive, reports Senate Bill 2424 Do Pass; House Bills 4588 and 5159 Do 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 Pass; House Bill 2098 Do Pass, as Amended; and Senate Amendment 1 to House Bill 800 Be Adopted. And Senator Peterson, Chair of the Committee on Revenue, reports House Bills 2742 and 2744 Do Pass; and House Bill 1264 Do Pass, as Amended; Senate Amendment 1 to House Bill 1268 Be Approved for Consideration and Senate Amendment 1 to House Bill 1273 Be Approved for Consideration.

PRESIDENT PHILIP

We've had a request from Channel 20 News to videotape the proceedings and from the Journal-Register ________________ to -- still photographs. Is leave granted? Seeing no -- hearing no objections, leave is granted. Senator Weaver, for what purpose do you rise?

SENATOR WEAVER

Thank you, Mr. President. Let the record reflect that Senator Geo-Karis and Senator Klemm will not be with us today due to illness.

PRESIDENT PHILIP

Thank you. The record will so indicate. Senator Demuzio.

SENATOR DEMUZIO

Mr. President, I have another announcement under -- on -- point of personal privilege, please.

PRESIDENT PHILIP

State your point.

SENATOR DEMUZIO

Seated in front of you is a young lady by the name of Michele Zippay, who has been here for a number of years, who is departing. But before I indicate why she is departing, I'd like to introduce her parents who are with us in the gallery, Allan and Donna Zippay. Michele Zippay was the new County Clerk in the County of Macoupin. And since there are a number of constituents who are here, it would be a good and fitting moment for me to make the announcement that there will, in fact, be a fond farewell of - 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 what'd we buy? - cake and coffee and whatever in my office immediately following adjournment. We want to say to Michele Zippay - thank you very much for being here, we're delighted with your promotion, and we will certainly miss you. Congratulations, Michele.

PRESIDENT PHILIP

And of course, we've trained her well. And she's a very loyal and great employee. Good luck. Senator Myers, for what purpose do you rise?

SENATOR MYERS

Point of personal privilege, Mr. Chairman.

PRESIDENT PHILIP

State your point.

SENATOR MYERS

I have with me today, and proud to have, Allison Hacker, from Casey Grade School. Her parents also are here in the President's Gallery to my right. I would like for the Body to welcome them, please.

PRESIDENT PHILIP

If they will please rise and be recognized by the Senate. Senator Bomke, for what purpose do you rise?

SENATOR BOMKE

Point of personal privilege.

PRESIDENT PHILIP

State your point.

SENATOR BOMKE

I have two. First, would like to introduce to the Senate students with the West Lincoln-Broadwell School - Heather Foster, teacher - its eighth-grade class. They're with us here today.

PRESIDENT PHILIP

Will they please rise and be recognized by the Senate? Senator Bomke. 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002

SENATOR BOMKE

Thank you. And I also have with me, as a Page, Tara -- Tara McClanahan, who is sitting just next to me. Thank you.

PRESIDENT PHILIP

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

SENATOR WATSON

Yes. Thank you, Mr. President. Just to say that Senator Klemm is not here today. He's in the district on personal business.

PRESIDENT PHILIP

The -- the record will so indicate. Senator Roskam, for what purpose do you rise?

SENATOR ROSKAM

Point of personal privilege.

PRESIDENT PHILIP

State your point.

SENATOR ROSKAM

Mr. President, a group of DuPage AARP members came down on a Cardinal bus today, and they're in the south gallery. And also, I'd like the Senate to welcome my Page, Robert Miller, from Glen Ellyn, and a good friend, Reed Hastings, from Naperville, visiting today.

PRESIDENT PHILIP

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

SENATOR HAWKINSON

Point of personal privilege, Mr. President.

PRESIDENT PHILIP

State your point.

SENATOR HAWKINSON

In the gallery today are constituents of Senator Shadid's and 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 myself from Peoria representing AARP, and they are directed by Mary Patton and John Timms. We'd like the Senate to recognize them and welcome them to Springfield.

PRESIDENT PHILIP

If they would please stand and be recognized by the Senate. Senator Lauzen, for what purpose do you rise?

SENATOR LAUZEN

An announcement, Mr. President.

PRESIDENT PHILIP

Make your announcement.

SENATOR LAUZEN

The 2 o'clock meeting of the Commerce and Industry Committee is being canceled. So anybody who had plans there, the 2 o'clock Commerce and Industry Committee is canceled.

PRESIDENT PHILIP

That's very good news. Thank you, Senator. Just one little other thing to do. Senator Shadid has a famous softball team here and would -- from his district, would like to introduce them. So, I'm going to turn the podium over temporarily to Senator Shadid.

SENATOR SHADID

Thank you, Mr. President. It gives me great pleasure to introduce you and welcome to the Senate the Illini Bluffs Middle School Tiger softball team. They are the IESA Class A State Champions. To advance to the title game, the Tigers outscored their opponents 51 to 4 and set or tied eight different team and individual records. The team's coach is Karen Malmgren, and she's assisted by Jenifer Schafer and Lloyd Walker. At this time, I'd like to -- ask Coach Malmgren to introduce the players. Coach.

ILLINI BLUFFS COACH MALMGREN

(Introductions and Remarks by Coach Malmgren)

SENATOR SHADID

Thank you for your patience and let's give 'em a big hand and 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 welcome 'em to Springfield. Also, I forgot to introduce - if you don't mind, Mr. President - Representative Mike Smith. I forgot he was here. He -- he doesn't stand out very easy. So...

PRESIDENT PHILIP

We -- we now have a hockey team here from Springfield - a famous hockey team. And Senator Bomke, I believe, is going to introduce them.

SENATOR BOMKE

Thank you. We have the Springfield Blues here today. It just happens that their coach is a nephew {sic} to Senator Molaro. And it's interesting that anyone has any athletic ability in his family, but -- but they do. Actually, he's a pretty good baseball player, or whatever that bowling ball you guys play with in the spring. Yeah. But, anyway, I'll let Bobby make a few comments.

SENATOR MOLARO

Well, we'll bring -- we'll bring the fellows out now. And -- come on out guys. For you -- I see all the young ladies from the AARP here. Most of these young men are single. I want you to know that. So, gentlemen, you have the ladies up here that certainly you can flirt with afterwards. It's my pleasure to introduce Springfield's own, the Springfield Jr. Blues Junior A Hockey Team. Their head coach and general manager is also my cousin, Nick Pollos, from up in the Chicago area. And he's -- here to introduce this year's team, which consists of players from all over the country, including one player from Sweden. For those of you who don't know, Sweden and Russia and a few other places have some great hockey players. The Springfield Blues are a member of the North American Hockey League. They are celebrating their tenth anniversary here in Springfield. The Jr. Blues play their home games at the Nelson Center in Lincoln Park, and most -- most games are Fridays and Saturdays. So, unfortunately, we're usually not in Session, but for you Springfield residents, you're 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 really missing an opportunity if you don't go out to see these fellows play. I mean, they are fast and they are good, and you're going to see a lot of them as they move on to bigger and better things. I'll just tell you, it's an excellent game to watch and an excellent way to spend a few dollars on a Friday and Saturday. So without further ado, to introduce the team, their general manager and coach and my cousin, Nick Pollos. Nick. SPRINGFIELD JR. BLUES HEAD COACH NICK POLLOS: (Introductions and Presentation by Head Coach Nick Pollos)

SENATOR MOLARO

Thank you, Nick. We will certainly hang those in our offices. And I've been told they're under twenty-five dollars, so -- for our Members who are looking at that. Again, I've been to Blackhawks games, a couple weeks ago, St. Louis Blues, last year, and I'm telling you, these young fellows up here can skate. So if you ever want to spend -- for the price of a movie ticket, you could go in and enjoy yourself for two to three hours and watch some good, hard-fought, fast-playing hockey. Thank you very much for giving us the time. Thank you, Senator Bomke.

PRESIDENT PHILIP

Senator Jones, for what purpose do you rise?

SENATOR W. JONES

For the purposes of an -- introduction, Mr. President.

PRESIDENT PHILIP

Make your introduction.

SENATOR W. JONES

Ladies and Gentlemen, could I have your attention, please? We're -- we're privileged to have the Honorable State Treasurer of the State of Illinois, Judy Baar Topinka, with us today. Would you give her a big welcome?

PRESIDENT PHILIP

Senator Karpiel. Senator Karpiel, for what purpose do you 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 rise?

SENATOR KARPIEL

Thank you, Mr. President. To announce a Republican Caucus immediately in Senator Philip's Office. Republican Caucus immediately upon adjournment.

PRESIDENT PHILIP

That's always in order. The Senate will stand at ease until the caucus was -- will be over. I hope that we'll be back here before 2 o'clock. (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDENT PHILIP

The Senate will come to order. 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 Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 83. Adopted by the House, May 31st, 2002. We have a like Message on House Joint Resolution 7, adopted by the House, May 31st, 2002. They're both substantive.

PRESIDENT PHILIP

Introduction of Bills.

Harry (surname or first name uncertain)

Senate Bill 2432, offered by Senator Obama. (Secretary reads title of bill) And Senate Bill 2433, by Senator Obama. 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 (Secretary reads title of bill) 1st Reading of the bills.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Today's Calendar, on page 10, bottom of page 10, Motions in Writing, Override Total Vetoes. Senator Walsh, for what purpose do you rise?

SENATOR L. WALSH

Am I on? For a point of personal privilege, Mr. President.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Go ahead and proceed.

SENATOR L. WALSH

Members of the Senate, I'm very honored to have a group with us today. In the gallery behind me, a hundred and fourteen students that are in the gifted program, sixth, seventh and eighth graders from Hufford Junior High in Joliet. Their teachers, Debbie Kusnik and Jean Howard. And really an honor for me, my -- my son, Shawn, is one of the teachers also that is down here today. I'd like to welcome them to the Illinois Senate.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Very good. Will our guests in the gallery please rise? Please rise and we'd like to welcome you here in the Senate. Where's Shawn? All right. Good to have you here, Shawn. On page 10 of the Calendar is the Order of Motions in Writing to Override the Total Veto of the Governor. First one is Senator Cullerton, Senate Bill 1756. Madam Secretary, please read the motion.

ACTING SECRETARY HAWKER

I move that Senate Bill 1756 do pass, the veto of the Governor to the contrary notwithstanding. Motion filed by Senator Cullerton.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.

SENATOR CULLERTON

10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 Thank you, Mr. President, Members of the Senate. This bill passed the Senate 54 to nothing and there wasn't one elected Representative in the House that voted No. And I really don't understand why the Governor vetoed the bill. The bill was strongly supported by the -- an editorial that the Chicago _______________ Tribune had run back when we voted on it. And it has to do with something which I thought was pretty sensible. The -- in 1957, we passed the Open Meetings Act. We didn't have the Internet then. We didn't have websites. So I tried to draft a bill that talked about giving notice to the public when there's going to be a meeting subject to the Open Meetings Act. Right now, the law says in order to post the notice of the meeting and a -- an agenda, you have to put a piece of paper up on the doorway that the meeting's going to be held forty-eight hours in advance. So all I said in this bill was, if the unit of government that's subject to the Open Meetings Act has a website - if they have one - and they operate the website, then they ought to put this information on the Web. That's all the bill said. If they don't have a website, they don't have to go and buy one and put one in and install one. I worked with the Municipal League in the Executive Committee, I believe, got an amendment for them. At one point, we had it for seventy-two hours. They said, "Please make it forty-eight." They were neutral on the bill. And the bill passed, as I said, overwhelmingly. The Governor vetoed the bill. Said that he got some calls saying that it was going to cost local government some money. Well, I don't exactly know how expensive it is to go in and add something to a website, but if you have somebody operating that website now, 'cause that's the only entity this law applies to, I can't imagine it's that much of an effort to just say put it up on the Web. Now, you'd like to think that the governments that have websites would do this anyway, but they haven't. And that's why I got -- was asked to sponsor the bill. There's some -- some 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 units of government that were having meetings that they didn't want the public to come to, and they were posting these notes up on the -- on the wall, you know, forty-eight hours before a meeting and people didn't know about it. They had to physically go by the place where the meeting was being held to see if there was even going to be a -- a meeting. So I -- again, I don't agree with the Governor's action and I would ask that we override his veto. Be happy to answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton has moved that Senate Bill 1756 do pass, the veto of the Governor to the contrary notwithstanding. Is there any discussion? Senator Weaver.

SENATOR WEAVER

Thank -- thank you, Mr. President, Members of the Senate. I was just wondering whether, with this override, it would encourage units of smaller cities, villages to do away with their -- their websites, rather than to have to hire staff to put this on -- put all their minutes, et cetera, on the website. Is that -- is that a concern of yours, John?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.

SENATOR CULLERTON

Well, again, if -- I don't believe that there's a lot of effort necessary to add something to an existing website. It -- the -- the law was amended in committee to make sure that it only applies to a website that you have a staff person operating. If you -- if you -- you know, if you contract out with someone to maintain your website, this doesn't apply to you. So it was meant to accommodate units of local government that have a website, that have a person that's already working it, and it's the least intrusive way. I can't imagine somebody would -- who's gone to the expense of setting up a website would shut it down just -- 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 just because they now have to post a notice of a meeting.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR WEAVER

I was just wondering, Senator, would this apply to subsidiary bodies and advisory bodies and also public bodies under -- all public bodies under the Act that may not have the website but would answer to the -- to the unit of local government as advisory? Would they be required to get this on the website?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.

SENATOR CULLERTON

That's a good question. The only thing this applies to is any unit of local government which currently comes under the Open Meetings Act. The entity of local government that's currently posting this notice of the meeting and the agenda, that's the only one it applies to. If they don't have a website, they're not obligated to comply with this law. And if they're -- if it's an entity -- let's say the City of Chicago has some local government subsidiary that has -- is subject to the Open Meetings Act and they don't have a website, then this law would not apply. It would not have to be posted by the City of Chicago's, on their website.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? If not, the question is, shall Senate Bill 1756 pass, the veto of the Governor to the contrary notwithstanding. 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 37 voting Yes, 9 voting Nein, 3 voting Present. And the bill, having received the required three-fifths vote, is declared passed, the veto of the Governor to the contrary 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 notwithstanding. Bottom of page 10. Bottom of page 10 is Senate Bill 2160. Senator Link? Senator Link on the Floor? Moving on. We are on page 11, top of page 11, Motions in Writing, Accept Specific Recommendations for Change. Senate Bill 1583. Senator Philip -- or, Madam Secretary, please read the bill. Madam Secretary, please read the motion.

ACTING SECRETARY HAWKER

I move to accept the specific recommendations of the Governor as to Senate Bill 1583, in manner and form as follows: Amendment to Senate Bill 1583 in manner -- in Acceptance of Governor's Recommendations Motion filed by Senator Philip.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.

SENATOR PHILIP

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1583 amends the Service Men's Employment Tenure Act to provide Illinois members of the Illinois National Guard serving on active duty the same military protection as we do the federal active duty. This passed the Senate by fifty-six votes. The House by a hundred and sixteen. The Governor thought we put it in the wrong Section, and this merely changes it from one Section to the other. Be happy to answer any questions and suggest we -- accept the Governor's recommendations.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip has moved to accept the specific recommendations of the Governor as to Senate Bill 1583. Is there any discussion? Is there any discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to Senate Bill 1583, in the manner and form just stated by Senator Philip. Those in favor will vote Aye. Opposed, vote Nay. And the voting will be open. Have all voted who wish? 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 Have all voted who wish? Have all voted who wish? Take the record. On that question, there's 53 voting Yes, no voting No, no voting Present. The specific recommendations of the Governor as to Senate Bill 1583, having received the required constitutional majority vote of Senators elected, are declared accepted. Senate Bill 1622. Senator DeLeo. Madam Secretary, please read the motion.

ACTING SECRETARY HAWKER

I move to accept the specific recommendations of the Governor as to Senate Bill 1622, in manner and form as follows: Amendment to Senate Bill 1622 in Acceptance of Governor's Recommendations Motion filed by Senator DeLeo.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator DeLeo. SENATOR DeLEO: Thank you very much, Mr. President. I would respectfully request a concurrence in this amendatory veto. What the Governor did -- there was a little problem with the City of Chicago. They made this language consistent with the Department of Public Health's plumbing code in the City. And I'd -- I'd ask the concurrence in this matter.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator DeLeo has moved to accept the specific recommendations of the Governor as to Senate Bill 1622. Is there any discussion? Is there any discussion? Any discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to Senate Bill 1622, in the manner and the form just stated by Senator DeLeo. Those in favor will say -- will vote Aye. Those 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, 52 are voting Yes, no voting 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 No, no voting Present. The specific recommendations of the Governor as to Senate Bill 1622, having received the required constitutional majority vote of the Senators elected, are declared accepted. Senate Bill 1657. Senator Bomke. Madam Secretary, please read the motion.

ACTING SECRETARY HAWKER

I move to accept the specific recommendations of the Governor as to Senate Bill 1657, in manner and form as follows: Amendment to Senate Bill 1657 in Acceptance of Governor's Recommendations Motion filed by Senator Bomke.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke.

SENATOR BOMKE

Thank you, Mr. President. Senate Bill 1657 extends provisions found in the Scott Law to road construction and maintenance zones. In addition, Senate Bill 1657 allowed for union representation vehicles to be equipped with amber oscillating lights. The Governor has recommended limiting union representative use of amber lights to when their vehicles are in the construction zone. Originally, it permitted their use while parked on any roadside. Everyone seems to be in agreement on the Governor's recommended changes.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke has moved to accept the specific recommendations of the Governor as to Senate Bill 1657. Is there any discussion? Is there any discussion? Any discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to Senate Bill 1657, in the manner and the form just stated by Senator Bomke. Those in favor will vote Aye. Opposed, vote No. And the voting was open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 On that question, there's 53 voting Yes, no voting No, no voting Present. The specific recommendations of the Governor as to Senate Bill 1657, having received the required constitutional majority vote of Senators elected, are declared accepted. We'll go back to the bottom of page 10. Motions in Writing, Override Total Vetoes. Senator Link. Senate Bill 2160. Madam Secretary, please read the motion.

ACTING SECRETARY HAWKER

I move that Senate Bill 2160 do pass, the veto of the Governor to the contrary notwithstanding. Motion filed by Senator Link.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Link.

SENATOR LINK

Thank you, Mr. President, and thank you for the courtesy of going back to this bill. This bill was passed out of the Senate 56 to 1, and I, like Senator Cullerton said earlier, have no idea why the Governor vetoed this bill. There is no known opposition. AARP is for this bill very strongly. I know that the Illinois Retailers Association has been neutral on this bill. And I would just hope that we could override this veto and continue on with what I think would be a solid consumer bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Link has moved that Senate Bill 2160 do pass, the veto of the Governor to the contrary notwithstanding. Is there any discussion? Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 2160 pass, the veto of the Governor to the contrary notwithstanding. Those in favor will 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 45 voting Yes, 3 voting No, 1 voting Present. Senate Bill 2160, having received 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 the required three-fifths majority vote, is declared passed, the veto of the Governor to the contrary notwithstanding. We are on page 11. Motions in Writing, Override Specific Recommendations. We have Senate Bill 2117. Madam Secretary, please read the motion.

ACTING SECRETARY HAWKER

I move that Senate Bill 2117 do pass, the specific recommendations of the Governor to the contrary notwithstanding. Motion filed by Senator Bomke.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke.

SENATOR BOMKE

Thank you, Mr. President. When this came up in the spring - it's the Illinois Medical District of Springfield - it passed out of this Chamber 54 to 0, and I believe it was 117 to 0 in the House. The change that the Governor has made to the Commission structure takes away the guaranteed voice that the neighborhoods and the neighborhood -- association would have in the development of the district. Would ask that you vote with me again, as you did in the spring on the original bill, and vote Aye.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke has moved that Senate Bill 2117 pass, the specific recommendations of the Governor to the contrary notwithstanding. Is there any discussion in regard to that motion? Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 2117 pass, the specific recommendations of the Governor to the contrary notwithstanding. 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? All voted who wish? Take the record. On that question, 34 voting Yes, 17 voting No, no voting Present. The motion fails. Senate Bill 2155. Madam Secretary, please read the 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 motion.

ACTING SECRETARY HAWKER

I move that Senate Bill 2155 do pass, the specific recommendations of the Governor to the contrary notwithstanding. Motion filed by Senator Burzynski.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I would request the support of this Body to override the Governor's veto. We had a tremendous amount of discussion on the bill earlier this year. It did pass the Senate with fifty-five votes. Passed the House with over ninety-eight -- or, with ninety-eight votes. Be more than happy to try and answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski has moved that Senate Bill 2155 pass, the specific recommendations of the Governor to the contrary notwithstanding. Is there any discussion? Is there any discussion? If not, the question is, shall Senate Bill 2155 pass, the specific recommendations of the Governor to the contrary notwithstanding. Those in favor, vote Aye. Opposed, vote No. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 31 are voting Yes, 20 voting No, no voting Present. And the motion fails. Supplemental Calendar No. 1 has been distributed. It should be on each of your desks. We will start -- we will start at the part on page 2, Senate Bills 2nd Reading. Senator Lauzen? Senator Lauzen wishes the -- excuse me. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

Senate Bill 2424. 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Still on page 2, House Bills 2nd Reading. House Bill 1264. Senator Philip? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate {sic} Bill 1264. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Have there been any 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. House Bill 1445. Senator Cronin? House -- Senator Burzynski. Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

Senate {sic} Bill 1445. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Have there been any 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. House Bill 1839. Senator Cronin? Mr. Secretary, please read the bill.

Harry (surname or first name uncertain)

20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 House Bill 1839. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any Floor amendments approved for...

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2098. Senator Donahue? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2098. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any 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. House Bill 2742. Senator O'Malley? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

Senate {sic} Bill 2742. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2744. Senator Philip? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2744. 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 3797. Senator Syverson? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 3797. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments...

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 4588. Senator Weaver? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 4588. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 5159. Senator Philip? Please read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 5159. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 5222. Senator Syverson. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 House Bill 5222. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any 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 page 2, page 2 of the regular Calendar. Top of page 2. Senator Luechtefeld requests House Bill 800 to be returned to 2nd Reading for the purposes of an amendment. Is there any objection? Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 800. Mr. Secretary, are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No. 1, offered by Senator Luechtefeld.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Luechtefeld.

SENATOR LUECHTEFELD

Yes. Thank you, Mr. President, Members of the Senate. This particular amendment would allow HealthLink to go to -- back to a percentage of -- for -- for their fees on -- on -- on their fees on the HealthLink collections.

PRESIDING OFFICER (SENATOR WATSON)

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

Harry (surname or first name uncertain)

No further amendments reported. 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. On -- top of page 2 is House Bill 1268. Senator Weaver, do you wish this bill returned to the Order of 2nd Reading for the purpose of an amendment? Senator Weaver? Senator Weaver seeks leave of the Body to return House Bill 1268 to the Order of 2nd Reading for the purpose of an amendment. And hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill -- 1268. Mr. Secretary, are there any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

Amendment No. 1, offered by Senator Peterson.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson. Senator Peterson.

SENATOR PETERSON

Thank you, Mr. President. This amendment allows trusts to carry over net loss deductions from an estate. All other individuals and corporations can do this. We'd like to include a trust. There's no opposition.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any 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. Middle of page 2 is House Bills 2nd Reading. House Bill 2463. Mr. Secretary, please read the bill. Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 2463. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 adopted one amendment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments approved for...

Harry (surname or first name uncertain)

No further amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Mr. Secretary, have there been any additional motions filed?

Harry (surname or first name uncertain)

Yes, Mr. President. Senator Bomke has filed a motion with respect to Senate Bill 2117 and Senator Burzynski has filed a motion with respect to Senate Bill 2155.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Mr. Secretary, the Chair requests that these motions be printed on the Calendar. So ordered. Still on the regular Calendar. The middle of page 9 on the regular Calendar, we have Secretary's Desk, Non-concurrence, House Bills. Senator Luechtefeld, on House Bill 3999. Mr. Secretary. Senator Luechtefeld.

SENATOR LUECHTEFELD

Thank you, Mr. President, Members of the Senate. I'd like to refuse to recede from Senate Amendment 1 to House Bill 3999. Thank you.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Luechtefeld moves that the Senate refuse to recede from the adoption of Senate Amendment 1 from House Bill 3999 and that a conference committee be appointed. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Supplemental Calendar No. 2 is being circulated. Motions in Writing, Override Specific Recommendations. Supplemental Calendar No. 2. Believe all the Calendars have been circulated. We are on Supplemental Calendar 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 No. 2, Motions in Writing, Override Specific Recommendations. And we have Senator Bomke with Senate Bill 2117. Madam Secretary, please read the motion.

ACTING SECRETARY HAWKER

I move that Senate Bill 2117 do pass, the veto of the Governor to the contrary notwithstanding. Motion filed by Senator Bomke.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke.

SENATOR BOMKE

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I just spoke on this bill a few minutes ago. I would ask for a favorable vote. In the spring Session, it passed this Chamber unanimously, as it did in the House. To change the Commission structure, as recommended by the Governor, would adversely affect the neighborhoods and the neighborhood association. Would ask for a favorable vote. Thank you.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Bomke has moved that Senate Bill 2117 pass, the specific recommendations of the Governor to the contrary notwithstanding. Is there any discussions in regard to that motion? Any discussion at all? If not, the question is, shall Senate Bill 2117 pass, the specific recommendations of the Governor to the contrary withstanding {sic}. 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? Have all voted who wish? Take the record. On that question, there's 36 voting Yes, 18 voting No, no voting Present. Senate Bill -- 2117, having received the required three-fifths vote, is declared passed, the veto of the Governor to the contrary notwithstanding. Senate Bill 2155. Senator Burzynski. Madam Secretary, please read the motion. 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002

ACTING SECRETARY HAWKER

I move that Senate Bill 2155 do pass, the specific recommendations of the Governor to the contrary notwithstanding. Motion filed by Senator Burzynski.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Mr. President. Just a couple of points of clarification. We just had a vote on this bill. But there -- there is liability if levels exceed normal operational levels. I just want to point that out. And this is also designed to -- protect facilities from encroachment of nearby developments. There are setback requirements; local zoning does apply. I would just ask for an Aye vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Burzynski has moved that Senate Bill 2155 pass, the specific recommendations of the Governor to the contrary notwithstanding. Is there any discussion in regard to that motion? Is there any discussion? If not, the question is, shall Senate Bill 2155 pass, the specific recommendations of the Governor to the contrary notwithstanding. 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 37 voting Yes, 16 voting No, no voting Present. Senate Bill 2155, having received the required three-fifths vote, is declared passed, the veto of the Governor to the contrary notwithstanding. I'd like for the Members to be in your chairs. We have a special guest. Would the Members please be in your chairs? We do have a special guest with us. We have Robert Culshaw, Her Majesty's Consul General. Mr. Culshaw, would you address the -- our party. We welcome you here. 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002

BRITISH CONSUL GENERAL ROBERT CULSHAW

(Remarks by British Consul General Robert Culshaw)

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR HAWKINSON

Purposes of an announcement, Mr. President.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Go ahead, please. State your announcement.

SENATOR HAWKINSON

The Senate Judiciary Committee, which was posted to meet at 2:30, will meet immediately upon the adjournment of the Licensed Activities Committee, in Room 400.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.

SENATOR BURZYNSKI

Thank you, Mr. President. Purpose of an announcement. The Senate Licensed Activities Committee will be very brief and meet after -- immediately after adjournment.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR DEMUZIO

Personal privilege.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) State your point.

SENATOR DEMUZIO

It's been several hours since I announced Michele Zippay's reception. It's immediately following in my office today.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Very good.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Committee Reports.

Harry (surname or first name uncertain)

28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 112th Legislative Day November 20, 2002 Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measure assigned: Referred to the Committee on Executive - a Motion to Concur with House Amendment No. 7 to Senate Bill 1171; and Be Approved for Consideration - Senate Bill 1171.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka, for what purpose do you rise?

SENATOR PETKA

Thank you, Madam President. For an announcement.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Please state your announcement.

SENATOR PETKA

The announcement is that the Senate Executive Committee will meet tomorrow morning at 8:30 a.m. in Room 212.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senate Exec at 8:30 a.m. in Room 212. Is there any further business? Any further business to come before the Senate? If not, Senator Weaver moves that the Senate stand adjourned until the hour of 9 a.m., Thursday, November 21st. The Senate is adjourned. 29