Illinois General Assembly Floor TranscriptsBrowseSenate93rd GA

Illinois Senate Floor Debate — March 25, 2003

93rd General Assembly (2003-2004) · Legislative day 25 · Regular Session
Chamber
Senate
General Assembly
93rd (2003-2004)
Date
March 25, 2003
Legislative day
25
Session
Regular Session
Speaker turns
1,302
Original
View the source PDF ↗
Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) The regular Session of the 93rd General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor T. Ray McJunkins, Union Baptist Church, Springfield, Illinois. Pastor McJunkins. PASTOR T. RAY McJUNKINS: (Prayer by Pastor T. Ray McJunkins)

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Please remain standing for the Pledge of Allegiance. Senator Link.

Terry Link (D)

(Pledge of Allegiance, led by Senator Link)

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Reading and the Approval of the Journal. Senator Woolard.

Larry D. Woolard (D)

Mr. President, I move that the reading and approval of the Journals of Wednesday, March 19th; Thursday, March 20th; Friday, March 21st; and Monday, March 24th, in 2003, be postponed, pending the arrival of the printed Journals.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Woolard moves to postpone the reading and the approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. The following members of the media seek leave to photograph or videotape the proceedings: Squires Photography. Is there any objections? Leave is granted. Senator -- Senator Geo-Karis, what purpose do you rise?

Adeline Jay Geo-Karis (R)

On a point of personal privilege.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) What’s the point.

Adeline Jay Geo-Karis (R)

Mr. President and Ladies and Gentlemen of the Senate, in the speaker’s gallery -- in the President’s Gallery above you are two ladies whom I will introduce. One is Suzi Schmidt, the dynamic Chairman of our Lake County Board, and with her today is a lady I’ve known before her husband knew her and she’s none 1 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 other than Susie Link, the wife of Senator Terry Link, from Vernon Hills. I ask you to welcome them into our foray today.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator. Will our guests in the gallery please rise and be recognized? Welcome to Springfield. Senator John Jones.

John O. Jones (R)

Thank you, Mr. President. A point of personal privilege.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) What is -- state your point.

John O. Jones (R)

Up in the gallery, over here in -- in the corner, we have a group of young students from Mt. Carmel High School in Mt. Carmel, Illinois, along with their chaperones, and I would like for you to give ‘em a big welcome to Springfield. Will you please stand?

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator. Will you -- will our guests in the gallery please rise and be recognized? Welcome to Springfield. Glad to have you. Senator Cronin, point.

Dan Cronin (R)

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

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) What is your point -- state your point.

Dan Cronin (R)

I’d like to introduce some very special friends and guests in the President’s Gallery, none other than Kevin and Cathy O’Keeffe, from the nerve network of the nation, the City of Elmhurst. They’re here today. Let’s give ‘em a warm welcome.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Thank you. Thank you, Senator. Will our guests in the gallery please rise and be recognized? Welcome to Springfield. Nice to have you. Senator Geo-Karis, what is your purpose to rise?

Adeline Jay Geo-Karis (R)

On a point -- point of information. If we don’t…

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) State your point.

Adeline Jay Geo-Karis (R)

2 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 If -- if we have Senate bills and we don’t get ‘em out this week, can we still get ‘em out next week?

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) The -- thank you, Senator. The 3rd Reading deadline is next Friday. Thank you, Senator. Senator Geo-Karis.

Adeline Jay Geo-Karis (R)

Yesterday, Ladies and Gentlemen, we passed my bill, Senate Bill 1063. I had not heard from the opponents about any amendment. I was told today that they had been working on an amendment but they hadn’t gotten back to me. And since I’m known to keep my word, I would like to have my bill held, even though we passed it, until an amendment comes through, and then I’ll have to move to reconsider the vote. Thank you.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) All right, Senator, we’ll… Madam Secretary, are there any motions?

Linda Hawker

Yes, I have a motion to reconsider, filed by Senator Cullerton, on behalf of Senate Bill -- 1063.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Place the motion on the Calendar. Committee Reports.

Linda Hawker

Senator Obama, Chairperson of the Committee on Health and Human Services, reports Senate Amendment 1 to Senate Bill 130, Senate Amendment No. 1 to Senate Bill 199, Senate Amendment No. 3 to Senate Bill 306, Senate Amendment No. 1 to Senate Bill 633, Senate Amendment No. 2 to Senate Bill 809, Senate Amendment No. 1 to Senate Bill 1081, Senate Amendment No. 2 to Senate Bill 1109, Senate Amendment No. 1 to Senate Bill 1363 {sic} (1364) and Senate Amendment No. 1 to Senate Bill 1543, all Approved for Consideration. Senator Clayborne, Chairperson of the Committee on Environment and Energy, reports Senate Amendments 1 and 2 to Senate Bill 222, Senate Amendment No. 2 to Senate Bill 268, Senate Amendment No. 2 to Senate Bill 609 and Senate Amendment No. 1 to Senate Bill 1066 and Senate Amendment No. 1 to Senate Bill 1330, all Be Adopted. 3 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senator Walsh, Chairperson of the Committee on Agriculture and Conservation, reports Senate Bills -- pardon me, Senate Amendments 1 and 2 to Senate Bill 1527 Be Adopted. Senator Cullerton and Senator Dillard, Co-Chairpersons of the Committee on Judiciary, reports Senate Amendment No. 2 to Senate Bill 15, Senate Amendment No. 1 to Senate Bill 30, Senate Amendment No. 4 to Senate Bill 125, Senate Amendment No. 2 to Senate Bill 211, Senate Amendment No. 1 to Senate Bill 265, Senate Amendment No. 2 to Senate Bill 1342, Senate Amendment No. 2 to Senate Bill 1412 and Senate Amendment No. 1 to Senate Bill 1869, all Approved for Consideration. Senator Shadid, Chairperson of the Committee on Transportation, reports Senate amendments -- Senate Amendment No. 1 to Senate Bill 272, Senate Amendment No. 2 to Senate Bill 330, Senate Amendment No. 2 to Senate Bill 901, Senate Amendment No. 2 to Senate Bill 1108 and Senate Amendment No. 1 to Senate Bill 1149, all Be Adopted. Senator Jacobs, Chairperson of the Committee on Insurance and Pensions, reports Senate Amendment No. 3 to Senate Bill 559, Senate Amendment No. 2 to Senate Bill 601, Senate Amendment No. 2 to Senate Bill 1359, all Be Adopted. Senator del Valle, Chairperson of the Committee on Education, reports Senate Amendment No. 2 to Senate Bill 22, Senate Amendment No. 2 to Senate Bill 890, Senate Amendment No. 2 to Senate Bill 1403, all Be Adopted. Senator Haine, Chairperson of the Committee on Local Government, reports Senate Amendments 2 and 3 to Senate Bill 974, Senate Amendment No. 1 to Senate Bill 1204, Senate Amendment No. 1 to Senate Bill 1384, all Be Adopted. Senator -- Ronen, Chairperson of the Committee on Labor and Commerce, reports Senate Amendment No. 3 to Senate Bill 2, Senate Amendment 2 to Senate Bill 90, Senate Amendment No. 1 to Senate Bill 461 and Senate Amendment No. 1 to Senate Bill 1360, all Be Approved for Consideration. Senator Chairperson -- pardon me, Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment No. 1 to Senate Bill 13, Senate Amendment No. 2 to Senate Bill 75, Senate Amendment No. 1 to Senate Bill 383, Senate Amendment No. 2 to Senate Bill 410, Senate Amendment No. 4 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 2 to Senate Bill 411, Senate Amendment No. 2 to Senate Bill 873, Senate Amendment No. 1 to Senate Bill 1415, Senate Amendment No. 1 to Senate Bill 1431, Senate Amendment No. 2 to Senate Bill 1601, Senate Amendment No. 1 to Senate Bill 1872 and Senate Amendment No. 1 to Senate Bill 1906, all Be Adopted. Senator Munoz, Chairperson of the Committee on Licensed Activities, reports Senate Amendment No. 1 to Senate Bill 332, Senate Amendment No. 2 to Senate Bill 354 and Senate Amendment No. 1 to Senate Bill 698, all Be Adopted. Senator Link, Committee -- Chairperson of the Committee on Revenue, reports Senate Amendment No. 1 to Senate Bill -- 392, Senate Amendment No. 1 to Senate Bill 615, Senate Amendment No. 1 to Senate Bill 1044, Senate Amendment No. 1 to Senate Bill 1102, Senate Amendment No. 3 to Senate Bill 1765 and Senate Amendment No. 2 to Senate Bill 1864, all Be Adopted. Senator Woolard, Chairperson of the Committee on State Government, reports Senate Amendment No. 2 to Senate Bill 232 and Senate Amendment No. 1 to Senate Bill 1335, all Be Adopted. Senator Lightperson {sic} (Lightford), Chairperson of the Committee on Financial Institutions, reports Senate Amendment No. 2 to Senate Bill 1500 Be Adopted {sic} (Approved for Consideration).

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, Messages from the House.

Linda Hawker

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 bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bills 6, 32, 39, 47, 59, 62, 79, 87, 91 and 117. All passed the House, March 21, 2003. I have a like Message with respect to House Bills 183, 186, 263, 407, 479, 494, 515, 527, 847, 1107, 1194, 1196 and 1237. All, again, passed the House, March 21st, 2003. I have a like Message with respect to House Bills 1350, 1359, 1448, 1452, 1456, 1486, 1490, 1532, 1535, 1578, 1584 and 2165. 5 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Passed the House, March 21st, 2003. I have a like Message with respect to House Bills 2191, 2205, 2250, 2262, 2291, 2299, 2301, 2302, 2345, 2348 and 2375. All passed the House, March 21, 2003. I have a like Message with respect to House Bills 2403, 2411, 2446, 2454, 2473, 2493, 2502, 2504, 2510, 2515, 2523, 2524. Passed the House, March 21, 2003. I have a like Message with respect to House Bills 2529, 2550, 2653, 2798, 2799, 2836, 2841, 2842, 2844, 2848, 2855, 2858. All passed the House, March 21, 2003. I have a like Message with respect to House Bills 2864, 2889, 2895, 2902, 2905, 2910, 2918, 2926, 2927, 2931, 2932, 2949, 2950, 2952, 2954, 2966, 2976, 2977, 2985, 2997, 3009, 3020, 3038, 3045, 3049, 3066, 3079, 3080, 3085, 3091, 3100, 3114, 3115, 3134, 3197, 3209, 3210, 3395, 3489, 3501, 3506, 3507, 3508, 3517, 3526, 3528, 3540, 3556, 3586, 3610, 3612 and 3663. Passed the House, March 21, 2003.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Emil Jones, for what purpose do you rise?

John O. Jones (R)

A point of personal privilege, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) State your point, Mr. President.

John O. Jones (R)

Thank you, Mr. President. We are honored to have with us some Fellows from the German Marshall Fund who are visiting with us today. They are here on the Senate Floor. I have with me Terry -- Terry -- Gitte Bech, who is a member of the Danish Parliament. I have Eleftherios Stavrapoulos, from Greece. My Mediterranean cousin, Adeline. I have Federica Fantozzi, a journalist from Italy. And Jacob Bierman, a consultant -- from Consulate McKinley Corporation {sic} (McKinsey and Company). Marcin Kolodziejczyk a journalist from Poland. Assya Kavrakova, from Bulgaria; he’s {sic} a program director, Sofia. Marius Cosmeanu, from Romania. They’re with us on the Floor. Let’s give ‘em a warm welcome. 6 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Will our guests please be recognized, and welcome to Springfield. Senator Geo-Karis, what is your point of order?

Adeline Jay Geo-Karis (R)

Mr. President and Ladies and Gentlemen of the Senate, today is March 25, which is the day of independence from -- by the Greeks from the Turks in 1821. The gentleman from Greece, his name, Senator -- President Jones, is Eleftherios Stavrapoulos, and I welcome him here and we’re happy to have him. But the day of independence of Greece in 1821 was hard fought, finally. It took them about ten years to get their independence from Turkey. So, this is a very special day, and in honor of that day, later you will be treated to some Greek pastries for the Floor that I brought all the way from back home. So, welcome to the visitors and welcome to Eleftherios Stavrapoulos. At least I can pronounce your name. Come on over.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator, and welcome. Senator Obama.

Barack Obama (D)

Thank -- thank you, Mr. Chairman.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) For what -- for what purpose do you rise?

Barack Obama (D)

Point of personal privilege.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) State your point.

Barack Obama (D)

I just think it’s important, since we have guests from the -- German Marshall Fund, to note that we actually have a staff member on the Democratic side of the aisle who was a German Marshall Fellow, Mr. Will Burns, and I think that it’s important to acknowledge that wonderful achievement.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Let’s rise and recognize him. Congratulations. On page 2 of the Calendar is the Order of Senate Bills 2nd Reading. Senator Emil Jones, do you wish to proceed? Senator Jones, do you wish to proceed? Senator Jones seeks the leave of the Body to return Senate Bill -- oh, wait. We’re on 2nd Reading. All 7 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 right. Madam Secretary, are there any Floor amendments approved for consideration?

Linda Hawker

Senate Amendment No. 1 -- pardon me. Senate Bill No. 1. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, are there any Floor amendments approved for consideration?

Linda Hawker

Yes. Floor Amendment No. 1, offered by Senator Emil Jones.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Jones.

John O. Jones (R)

Thank you, Mr. President. Amendment No. 1 changes the fiscal year for the continuing appropriation from ‘04 to ‘03, and I move its adoption.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? All those in favor, please say Aye. Opposed, say Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) If not, 3rd Reading. Senator -- I mean, House Bill No. 2. Senator Ronen. Senate Bill. Madam Secretary, please read the bill. A fiscal note has been filed and there is a mandate. Senate Bill No. 3. Senator Halvorson. Did we put the amendment on? Senate Bill 2. Please read the bill.

Linda Hawker

Senate Bill 2. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Labor and Commerce adopted Committee Amendment No. 2.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, are there any Floor amendments approved for consideration?

Linda Hawker

8 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Yes. Floor Amendment No. 3, offered by Senator Ronen.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Ronen.

Carol Ronen (D)

Thank you, Mr. President. Floor Amendment 3 merely makes clear that when we are talking about equal pay and equal wages, we are not comparing disparate parts of the State, that it only means equal pay within a jurisdiction, so that different places -- we would not expect the wages to be similar in Carbondale or Chicago. I move for the adoption of this amendment.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Senator Cronin.

Dan Cronin (R)

Thank you very much, Mr. President. Would the sponsor yield for a question?

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) She indicates she will. Senator Ronen.

Dan Cronin (R)

Senator Ronen, as you know, I -- I voted No on this amendment in committee. I -- I didn’t get a chance to really participate in the discussion, but now that we’re here on the Floor, for the edification of the Members, the explanation that you offered in introducing this amendment, from my vantage point, really does not support the actual language of the amendment. Would you be kind enough to explain to me what words in this amendment actually implement your intent in that geographic regions are taken into consideration in determining equal pay?

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Ronen.

Carol Ronen (D)

Thank you, Mr. President. Senator Cronin, yes, the -- our -- our desire here is to make clear that we are talking -- that we -- we do not want to apply a principle in one area from another. And what the amendment states is that nothing in this Act may be construed to require an employer to pay, to an employee at a workplace in a particular municipality, wages that are equal to wages paid by that employer at a workplace in another municipality. So, I… 9 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cronin.

Dan Cronin (R)

Bingo. That’s the problem. You’re -- you’re confining it simply to municipalities, and I think there’s a large geographic region in the State of Illinois that does not necessarily fall within the limits of a municipality. Therein lies the problem. I think you’ve got a drafting error.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Ronen.

Carol Ronen (D)

Thank you for raising that. I’d be -- we’d be happy to -- to work and make this more specific, if you would like. Okay. Shall we take this out of the record then? I don’t know what we…

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cronin.

Carol Ronen (D)

Why don’t we just take this out of the record? Senator Ronen. Did you say Cronin or Ronen?

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) I said…

Carol Ronen (D)

Or Ronen or Cronin? I can’t…

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Ronen, I said.

Carol Ronen (D)

Okay, good. I’m just kidding. We’ll -- let’s take this out of the record. We’re going to try to be a little more specific with our -- our wording because I think we have the same goal here.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Out of the record. Thank you, Senator. Senator -- Senate Bill No. 3. Senator Halvorson. Madam Secretary, please read the bill.

Linda Hawker

Senate Bill 3. (Secretary reads title of bill) 10 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 2nd Reading of the bill. The Committee on Health and Human Services adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, are there any Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Halvorson. No. That’s it? Oh, thank you. 3rd Reading. Senate Bill No. 8. Senator Obama. Senate Bill No. 10. Oh, excuse me. I’m sorry. Senator Obama, what -- Madam Secretary, read the bill.

Linda Hawker

Senate Bill 8. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 10. Senator Walsh. Senate Bill 13. Senator Demuzio. Senate Bill 14. Senator Sullivan. Senator -- Senate Bill 15. Senator Obama. A fiscal note has been requested. Senator -- I mean, Senate Bill 18. Senator Clayborne. Senator Clayborne.

James F. Clayborne Jr. (D)

The last time there was a fiscal note and I looked in the file and it appeared the fiscal note had been responded to. So, I would like for you to read the bill.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, read the bill.

Linda Hawker

Senate Bill 18. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

No further amendments reported. 11 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. With leave of the bill -- leave of the Body, we will return to Senate Bill 15. Senator -- Madam Secretary, read the bill. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 15. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, are there any Floor amendments for approval or consideration?

Linda Hawker

Floor Amendment -- yes. Floor Amendment No. 2, offered by Senator Obama.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Obama.

Barack Obama (D)

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This is the bill that we’ve been working on for quite some time regarding videotaping interrogations and confessions. This is -- this amendment reflects the agreement and work of both proponents of videotaping as well as law enforcement, and I’ll be happy to explain the bill on 3rd Reading.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? All in -- all those in favor, please say Aye. Opposed, say Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Excuse me, that bill will remain on 2nd Reading. Senate Bill 20. Emil Jones. Point of order. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 20. (Secretary reads title of bill) 12 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senator Demuzio. Senator Demuzio. Senate Bill 24. Senator del Valle. Senate Bill 25. Senator Walsh {sic} (Welch). Madam Secretary, please read the bill.

Linda Hawker

Senate Bill 25. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. There’s a fiscal note on Senate Bill 30. Senate Bill 31. Emil Jones. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 31. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Pardon me? Senator Obama, there was a fiscal filed… Senator Demuzio, what purpose do you rise?

Deanna Demuzio (D)

On a point of order.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) What is your point of order?

Deanna Demuzio (D)

I think there’s some confusion as to what we are doing here. Now, with respect to the fiscal notes that have been filed, I understand that there were forty-five or more filed this morning and they are filed in a timely fashion. The question is, as we begin continuing down the Order of 2nd Reading, where there are fiscal notes that have been filed, it seems to me that going to the Order of 2nd Reading to adopt either committee and/or Floor amendments with a fiscal note filed, we probably would be better served if we just skipped them, let the time -- statutory time of five days run on fiscal notes, and at that point, sometime later this week, we could -- when we get back to that order of business, that would be the 13 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 proper time, it seems to me, to -- to move ‘em. This would speed this process up. So, I would suggest that we go -- and I’ll walk over and -- and talk to the other side here just to let ‘em know what I think we’re doing.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator Demuzio. I think that will really clarify things here. Thank… …31. Emil Jones. Senator Emil Jones. Senate Bill 32. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 32. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 33. Emil Jones. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 33. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 34. Emil Jones. Read the bill, Madam Secretary.

Linda Hawker

Senate Bill 34. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 35. Emil Jones. Secretary -- Madam Secretary, read the bill.

Linda Hawker

Senate Bill 35. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 14 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. Madam Secretary, Senate Bill 36, read the bill.

Linda Hawker

Senate Bill 36. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 37. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senate… 3rd Reading. 3rd Reading. Senator -- Senate Bill 38. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 38. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 39. Emil Jones. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 39. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 42. Emil Jones. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 42. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 15 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. Senate Bill 46. Senator Sullivan. Madam Secretary, read -- read the bill.

Linda Hawker

Senate Bill 46. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 52. Senator Cullerton. Senator Cullerton. Senate Bill 61. Senator del Valle. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 61. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Health and Human Services adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

No further amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 67. Senator del Valle. Senate Bill 71. Senator Walsh. A fiscal note filed. Senate Bill 73. Senator Halvorson. Senate Bill 75. Senator Link. Madam Secretary. No? Madam Secretary, read the bill.

Linda Hawker

Senate Bill 75. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, are there any Floor amendments approved for consideration?

Linda Hawker

Floor Amendment No. 2, offered by Senator Link.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Link. …Link.

Terry Link (D)

16 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Thank you, Mr. President. This amendment was -- clarified some concerns by the committee, was passed unanimously in Executive Committee today. Thank you.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? All those in favor -- Aye. Opposed will say Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senator -- Senator Geo-Karis, what is your point of order?

Adeline Jay Geo-Karis (R)

I wanted to ask the sponsor a question, if I could, please.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) State your question, Senator Geo-Karis.

Adeline Jay Geo-Karis (R)

Senator Link, did you get the amendment that we proposed?

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Link.

Terry Link (D)

Yes, we did, madam -- Senator Geo-Karis, and I think we met all the concerns of all of the concerned parties and everyone seemed pleased, because it passed out unanimously out of Executive today.

Louis S. Viverito (D)

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

Adeline Jay Geo-Karis (R)

Thank you.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senate Bill 77. Senator Cullerton. Madam -- oh, no. Senate Bill 84. Senator del Valle. Read the bill, Madam Secretary.

Linda Hawker

Senate Bill 84. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 17 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 85. Senator del Valle. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 85. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 86. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 86. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 87. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 87. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 88. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 88. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 89. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 89. (Secretary reads title of bill) 18 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 93. Fiscal note. Senator Walsh. Senate Bill 99. Senator Ronen. Senator Ronen. Senate Bill 101. Senator Ronen. Senate Bill 102. Senator Clayborne. Senate Bill 105. Senator Cullerton. Senate Bill 109. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 105. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor -- excuse me, the Committee on Licensed Activities adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 109. Senator Watson. Senate Bill 113. Senator Shadid. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 113. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 114. Senator Dillard. Senator Dillard. Senator -- Senate Bill 118. Senator Cullerton. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 118. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration? 19 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senator Obama. 125. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 125. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendments 1 and 2.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

Floor Amendment -- Floor Amendment No. 4, offered by Senator Obama.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Obama. Read the bill, Madam Secretary? No. Madam -- Senator Obama.

Barack Obama (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This was a technical amendment to this substantive bill. I’ll be happy to discuss it on 3rd.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? All those in favor will say Aye. Opposed will say Nay. The Ayes have it and the amendment is adopted. Are there any Floor -- further Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 127. Senator Obama. Senate Bill 132. Senator Walsh. Senator -- I mean, Senate Bill 150. Senator Shadid. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 150. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 20 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Leave of the Body, we will skip Senate Bill 151 and we will turn -- return -- return later. Senate Bill 155. Senator Halvorson. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 155. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government adopted Committee Amendment No. 2.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 158. Fiscal note. Senator Halvorson. …the record. …167. Senator Lightford. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 167. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate…172. Fiscal note has been filed. Senate Bill 173. Senator Cullerton. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 173. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senate Bill 174 -- I mean. I’m sorry. 3rd Reading. Excuse me. 3rd Reading. Senate Bill 174. Senator Walsh. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 174. (Secretary reads title of bill) 21 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 175. Senator Walsh. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 175. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 176. Senator Walsh. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 176. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senator -- Senate Bill 178. Senator Walsh. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 178. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Read the bill. I mean, 3rd Reading. Bill 184. Senator Shadid. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 184. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 199. Senator Watson. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 199. 22 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd -- have -- have there been any Floor amendments approved for consideration?

Linda Hawker

Floor Amendment No. 1, offered by Senator Watson.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Watson.

Frank C. Watson (R)

Yes. Thank you very much, Mr. President. This -- this amendment becomes the bill and it’s a result of all the various mental health groups meeting together to come up with an agreed- to amendment. And I’d like to thank the Chairman of the Committee, Senator Obama, and Senator Crotty, who was the Chairman of the Subcommittee, and Senator Righter, Syverson and Radogno, who helped force this agreement. So, if I could, I’d like for it -- its adoption.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? All those -- all those -- oh. Senator -- Senator Obama, what is your point?

Barack Obama (D)

Thank you, Mr. President. I just want to state that I appreciate Senator Watson working in the subcommittee in which this bill was placed. With a little bit of fanfare on the Floor, it looks like we now have a bill that everybody’s happy with, and I’m glad to support it.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 207. Senator Lightford. Madam Secretary, will you read the bill?

Linda Hawker

Senate Bill 207. 23 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary -- pardon me, the Committee on Education adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 215. Senator Clayborne. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 215. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senator -- I mean, Senate Bill 222. Senator Clayborne. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 222. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

Floor Amendment No. 1, offered by Senator Clayborne.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. Chairman. Basically -- Mr. President. Floor Amendment No. 1 deletes the bill and becomes the bill and it makes about seven changes. One, it transfers authority from granting provisional variances from the Pollution Control Board to the IEPA. It authorizes parties to a Board enforcement proceeding to bring an action in circuit court to enforce final orders. Three, it authorizes private parties in a citizen’s 24 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 enforcement action before the Board to seek a waiver from its hearing requirements for settlement. It adopts a new Section to provide that in citizen enforcement actions, the parties may seek relief from the hearing requirement when they submit settlement agreements to the PCB. Fourth, it revises Section 22.2(j)(6)(E)(v) of the IEPA Act so as to adopt standards for Phase I Environmental Audits and dovetail with federal provisions. Five, it standardizes language referring to the violation of the Act, permits, and Board orders. Six, it revises the civil penalty provisions for administrative citations -- violations to clarify the unintended consequences of changes in the Public Act. And, seven, it adopts new Section 28.6 of the IEPA Act to establish an expedited procedure by which limited rulemaking may be conducted.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Linda Hawker

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

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. President. It retains the underlying bill and amends the Response Contractor Indemnification Act authorizing a transfer of 1.9 million from the Response Contractor Indemnification Fund into the Brownsfield {sic} Redevelopment Fund to reflect a shift in the IEPA’s budget priorities. It amends the Environmental Protection Act to create a new Title VI-C: Oil Spill Response with environmental - - within the Environmental Protection Act, as well as the State Finance Act to create the Oil Spill Response Fund as a new fund within the treasurer {sic}. Monies in the fund will be used for the Agency’s expenses responding to releases of petroleum or brine associated with petroleum production, transportation, refining, or storage. Monies from this -- monies from this Fund would come from three sources: recovered costs from parties responsible for petroleum or brine release or threats of 25 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 release; funds provided by the federal Oil Spill Liability Trust Fund as reimbursement for the State fund expended on response; and, three, other sources, such as contribution, gifts or supplemental environmental projects pursuant to court orders.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 223. Senator Clayborne. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 223. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 224. Senator Clayborne. Senate Bill 240. Senator Silverstein. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 240. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senator Silverstein. Senate Bill -- oh, he wants it. Senate -- Senator Silverstein. Oh, read the bill. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 242. (Secretary reads title of bill) 26 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 240 {sic} (246). Senator Silverstein. Madam Secretary, read the bill. Senator Silverstein.

Ira I. Silverstein (D)

Mr. President, I’d like to table Senate Bill 246, please.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Silverstein moves to table the bill. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the bill is tabled. Senate Bill 247. Senator Brady. Senator Brady. Madam Secretary, read the bill. 247. Out of the record. There’s a… There’s a fiscal note on Senate Bill 248. Senate Bill 252. Senator Halvorson. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 252. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Health and Human Services adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill -- 254. Senator Haine. There’s a fiscal note filed. No? I thought -- fiscal note. Sorry. Senator Haine, do you wish the bill read? Madam Secretary, read the bill.

Linda Hawker

Senate Bill 254. (Secretary reads title of bill) 27 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 255. Senator Haine. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 255. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 263. Senator Obama. Senate Bill 265. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 265. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

Yes. Floor Amendment No. 1, offered by Senator del Valle.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator del Valle.

Miguel del Valle (D)

Thank you, Mr. President. Floor Amendment No. 1 takes out the words “expressly or implied {sic} (impliedly).” This was the recommendation of the Committee Chair, and also changes Class X to Class 1 non-probational {sic} (non-probationable) for this bill on money laundering.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 28 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. Senate Bill 267. Senator Jacobs. Senate Bill 280. Senator Haine. Excuse me, Senator. 267. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 267. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 280. Senator Haine. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 280. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 291. Senator Shadid. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 291. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

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

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Shadid. Senator Shadid, explain the bill.

George P. Shadid (D)

Thank you, Mr. President. Senate -- Amendment 2 to Senate Bill 291 amends the Counties Code regarding a sheriff’s service immunity. It deletes all and becomes the bill. Prohibits a sheriff from being civilly liable for serving, as directed by the court, any warrant, order, process, or judgment that has been issued or affirmed by a court of the State of Illinois and 29 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 that is valid on its face, unless the service involved willfully or wanton misconduct by the sheriff. I appreciate a Yes vote.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senator -- Senate Bill 306. Senator Ronen. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 306. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Health and Human Services adopted Committee Amendment No. 2.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

Floor Amendment No. 3, offered by Senator Ronen.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd -- Senator Ronen.

Carol Ronen (D)

Thank you, Mr. President, Members of the Senate. Amendment No. 3 makes some technical changes to the bill. The purpose of this bill is to target Medicaid resources where they can be most effective. Amendment 3 makes clear that this is permissive language and changes “shall” to “may” and then requires a report be given to the General Assembly beginning in 2006 and every two years thereafter.

Louis S. Viverito (D)

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

Linda Hawker

No further amendments reported, Mr. President. 30 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate -- Senate Bill 309. Senator Ronen. Leave of the Body, Senate Bill 315, we’ll return at another time. Senate Bill 324. Schoenberg. Madam Secretary, will you read the bill. Out of the record? Out of the record. Senate Bill 331. Senator Lightford. Madam Secretary, will you please read the bill?

Linda Hawker

Senate Bill 331. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Are there any Floor…

Linda Hawker

No further amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. …Bill 334. Senator Clayborne. Senate Bill 361. Senator Link. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 361. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senate Bill 374. Senator Hunter. There’s a fiscal note? Senate Bill 378. Senator Hunter. Madam Secretary, will you read the bill?

Linda Hawker

Senate Bill 378. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Health and Human Services adopted Committee Amendment No. 1.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there -- have there been any Floor amendments approved for consideration?

Linda Hawker

No Floor amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 31 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. All right. We’re going to -- we’re going to - - leave of the Body, we will return later. Senate Bill 390. Senator Halvorson. Madam Secretary, will you read the bill?

Linda Hawker

Senate Bill 390. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Senator -- Senate Bill 392. Senator Woolard. Madam Secretary, will you read the bill?

Linda Hawker

Senate Bill 392. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Have there been any Floor amendments approved for consideration?

Linda Hawker

Yes. Floor Amendment No. 1, offered by Senator Woolard.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Woolard.

Larry D. Woolard (D)

What Floor Amendment No. 1 does is bring all of the opponents on board. The Railroad Association had been opposing this legislation. We sunset the bill, as it exists today, in one year with the intent of getting the Auditor’s report and making the conclusive information available to make the determination as to how we should proceed in the future. I think it’s a good idea and it’s certainly a great compromise.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

Linda Hawker

No further amendments reported, Mr. President.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 32 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. Senate Bill 395. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 395. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) 3rd Reading. Oh, excuse me. Senator Martinez.

Iris Y. Martinez (D)

At this -- at this time, I would like to table…

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) What’s your point of order?

Iris Y. Martinez (D)

I would like to table Senate Bill 395.

Louis S. Viverito (D)

PRESIDING OFFICER: (SENATOR VIVERITO) Senator Martinez moves that Senate Bill 395 be tabled. The motion is always in order. Those in favor will say Aye. Opposed, Nay. …voice vote. The Ayes have it, and the bill is tabled.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Order of Senate Bills 2nd Reading. Senate Bill 399. Senator Schoenberg? Madam Secretary, read the bill.

Linda Hawker

Senate Bill 399. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 410. Senator Jacobs? Order of Senate Bills 2nd Reading, Senate Bill 410. Madam Secretary, read the bill. Senator Schoenberg apparently now has requested 404. So, Madam Secretary, let’s take 410 out of the record. Senate Bills 2nd Reading is Senate Bill 404.

Linda Hawker

Senate Bill 404. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 33 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. Senate Bills 2nd Reading, bottom of page 6. 410. Senator Jacobs? Madam Secretary, read the bill.

Linda Hawker

Senate Bill 410. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Are there -- been any Floor amendments approved for consideration?

Linda Hawker

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

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

Denny Jacobs (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Amendment No. 1 became the bill, and Senate Amendment 2, which was approved in committee today, provides that when suspending or revoking a licensee’s license, the State Liquor Control Commission action shall be limited to the license for which the specific premises where the violation occurred. Ask for your support.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, Senator Jacobs has moved the adoption of Floor Amendment No. 2, Senate Bill 410. Those in favor will vote Aye. Those opposed, Nay. The voting’s open. I’m sorry. The Ayes have it. Amendment No. 2 is adopted. Further amendments?

Linda Hawker

No further amendments reported, Mr. President.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 415. Senator Walsh. On the Order of Senate Bills 2nd Reading, top of page 7. Senate Bill… I beg your pardon, Senator Jacobs. I -- I missed it. All right. Take -- take 415 out of the record. On the Order of Senate Bills 2nd Reading, Senate Bill 411, Madam Secretary.

Linda Hawker

Senate Bill 411. (Secretary reads title of bill) 34 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

Linda Hawker

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

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

Denny Jacobs (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Amendment No. 2 to 411 establishes certain exceptions when limiting the State Commission’s imposition of fines exclusively to instances where local liquor control commission did not revoke or suspend the licensee’s license or impose a fine upon the license {sic}. I did make a commitment to Senator Roskam, which I will hold this on 3rd. If we come up with some further language that you want to put in there, I’ll be more than happy to do so.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? If not, Senator Jacobs has moved the adoption of Floor Amendment No. 2 to Senate Bill 411. Those in favor will say Aye. Those opposed, Nay. The Ayes have it. Floor Amendment No. 2 is adopted. Further Floor amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. On the Order of Senate Bills 2nd Reading, Mr. Secretary, is 415.

ACTING SECRETARY HARRY

Senate Bill 415. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 423. Senator Lightford. Madam -- Mr. Secretary, page 7. 423. Read the bill.

ACTING SECRETARY HARRY

Senate Bill 423. 35 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 430. Senator Clayborne? 429. Senator Clayborne? 431. Senator Jacobs. On the Order of Senate Bills 2nd Reading, Senate Bill 431. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 431. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 440. Senator Lightford? Mr. Secretary, on the -- on 2nd -- Senate Bills 2nd Reading, Senate Bill 440.

ACTING SECRETARY HARRY

Senate Bill 440. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there -- 3rd Reading. 451. Senator Shadid. Mr. Secretary, 451. Read the bill.

ACTING SECRETARY HARRY

Senate Bill 451. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bills 2nd Reading, Senate Bill 452. Senator Mahoney {sic} (Maloney)? Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 452. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 459. Mr. Secretary, read the bill, please.

ACTING SECRETARY HARRY

Senate Bill 459. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Health and Human Services adopted one amendment. 36 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Are there any amendments been approved from the Floor?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill -- hold on. Senator Trotter, for what purpose do you rise?

Donne E. Trotter (D)

I’m sorry, Mr. President. It was my understanding that there was an amendment and -- I assume the amendment did get filed.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Trotter, if the amendment had been filed, it probably has not been taken up by the Rules Committee. I suggest -- I suggest you leave your bill on the Order of 3rd Reading and, if you wish, come back.

Donne E. Trotter (D)

Thank you very much, sir. I’ll do that.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 3rd Reading. 467. Senator Mahoney {sic}. On the Order of Senate Bills 2nd Reading, Senate Bill 467. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 467. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 472. Senator Cullerton. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 472. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Are there any amendments that have been approved from the Floor?

ACTING SECRETARY HARRY

No further amendments reported. 37 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 457. 476. Senator Clayborne? On the Order of Senate Bills 2nd Reading, middle -- middle of page 7, Senate Bill 476. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 476. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. On the Order of Senate Bills 2nd Reading, Senate Bill 478. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 478. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bills 2nd Reading, Senate Bill 481. Mr. Secretary, read the bill. I’m sorry. 480. 480, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 480. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 481. Senator Clayborne? On the Order of Senate Bills 2nd Reading, Senate Bill 481. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 481. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor…

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Hold on. Hold on, hold on, hold on. Take it out -- take it out of the record. Wait a minute. Take it out of the record. 497 {sic}. Senator Harmon. On the Order of Senate Bills 2nd Reading is -- Senate Bill 494. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 494. 38 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 498. Senator Halvorson? 501. Senator Halvorson? 517. Senator Schoenberg? Senator Schoenberg on the Floor? Page 8. 528. Senator Cronin? On the Order of Senate Bills 2nd Reading, top of page 8, 528. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 528. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 529. Senator Welch. On the Order of Senate Bills 2nd Reading, Senate Bill 529. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 529. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bills 2nd Reading, Senate Bill 533. Senator Mahoney {sic}. On -- Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 533. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 552. Senator Obama? 553. Senator Harmon. On the Order of Senate Bills 2nd Reading, Senate Bill 553.

ACTING SECRETARY HARRY

Senate Bill 553. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 561. On the Order of Senate Bills 2nd Reading, Senate Bill 561. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

39 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senate Bill 561. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any amendments approved from the Floor?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Leave to come back to 566. 567. Senator Halvorson? 567? 568. Senator Crotty? On the Order of Senate Bills 2nd Reading, Senate Bill 568. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 568. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any amendments approved from the Floor?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 573. Senator Woolard. Madam -- Mr. Secretary, 573.

ACTING SECRETARY HARRY

Senate Bill 573. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bills 2nd Reading, Senate Bill 576. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 576. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bills 2nd Reading, Senate Bill 578. Mr. Secretary, read the bill. 40 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

ACTING SECRETARY HARRY

Senate Bill 578. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 580. Senator VIVERITO on the Floor? Bottom of page 8. Senate Bill 588. Senator Clayborne? Top of page 9. Clayborne? 591. Senator Martinez? 594. Senator Clayborne. 599. Senator Lauzen. 600. Senator Lightford. On the Order of Senate Bills 2nd Reading, top of page 9, is Senate Bills -- indicate… Senator Lightford, we’re trying to find out whether the fiscal note that had been filed had been honored. All right. Take it out of the record. Leave of the Body, we’ll come back to it in a few minutes. Not going to stick around for it. Senate Bill 601. Senator Radogno? Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 601. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance and Pensions adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Mr. Secretary, have there been any amendments approved for consideration…

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Radogno.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Radogno.

Christine Radogno (R)

Thank you, Mr. President. This amendment just removes HMOs from the bill.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Radogno’s moved the adoption of Floor Amendment No. 2, Senate Bill 601. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Floor Amendment No. 2 has been adopted. Further Floor amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 41 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. Senate Bill 605. Senator Radogno? Pardon? 609. Senator Jacobs? On the Order of Senate Bills 2nd Reading, Senate Bill 609. Mr. Secretary. All right. Senator Jacobs, it’s my understanding that one of the fiscal notes, apparently, that have been requested have not yet been received. So, let’s take it out of the record. 610. Senator Walsh. On the Order of Senate Bills 2nd Reading, Senate Bill 610. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 610. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been -- all right. Mr. Secretary, take it out of the record. 623. Senator Sieben. Senator Sieben on the Floor? 629. Senator Walsh. 631. Senator Welch. On the Order of Senate Bills 2nd Reading, Senate Bill 631. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 631. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 3rd Reading. Senate Bill 632. Senator Halvorson? All right. We’re going to skip the approps. Page 10. Page 10, at the bottom. 680. Senator Sandoval? Mr. Secretary, read the bill. Senate Bill 680. All right. Ladies and Gentlemen, my Calendar doesn’t indicate it, but, Senator Sandoval, there’s been a fiscal note that’s been filed. Take it out of the record. 681. Senator Ronen? Top of page 11. Senator Lightford? On the Order of Senate Bills 2nd Reading -- fiscal note’s been filed. Take it out of the record. 683. Mr. 42 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Secretary -- Madam -- Senator Lightford, do you wish 683 filed? All right. On the Order of Senate Bills 2nd Reading, top of page 11, Senate Bill 683, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 683. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 684. Senator Crotty? 689. Senator Cullerton? Ladies and Gentlemen, let me just make a little announcement. I don’t know if we’re going to be here Friday till midnight or if we’re going to be here till Thursday and not here Friday, but it all depends on the cooperation that the Chair receives from the Membership. So, if we can keep the voices down, be ready when your bill is called, perhaps we can move with some dispatch. Senator Geo-Karis, for what purpose do you rise?

Adeline Jay Geo-Karis (R)

Just a point of information, sir.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Yes.

Adeline Jay Geo-Karis (R)

How long are we going today?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) We’re going to be here until we’re done. I don’t know.

Adeline Jay Geo-Karis (R)

Thank you. The reason I’m asking you is because if you’re going to be here till you’re done, good, I’ll have some Greek pastry brought up to keep you alive.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) And I’ll be here right with you. 689. Senator Cullerton. Mr. Secretary, read the bill. 689.

ACTING SECRETARY HARRY

Senate Bill 689. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 690. Senator Cullerton. Madam - - Mr. Secretary, read the bill. 43 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

ACTING SECRETARY HARRY

Senate Bill 690. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 699. Senator Viverito? Mr. Secretary, read the bill. 699.

ACTING SECRETARY HARRY

Senate Bill 699. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 740. Senator Jacobs? On the Order of Senate Bills 2nd Reading, Senate Bill 740. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 740. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 741. Senator Jacobs? On the Order of Senate Bills 2nd Reading, Senate Bill 741, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 741. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 618. Senator Sandoval? Fiscal note filed. 813. Senator del Valle? On the Order of Senate Bills 2nd Reading, middle of page 11, Senate Bill 813. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 813. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any amendments approved for consideration? 44 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 814. Senator del Valle? On the Order of Senate Bills 2nd Reading, Senate Bill 814. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 814. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 873. Senator Halvorson? On the Order of Senate Bills 2nd Reading, Senate Bill 873. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 873. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Mr. Secretary, have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Halvorson.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Halvorson.

Debbie DeFrancesco Halvorson (D)

Thank you, Mr. President, Members of the General Assembly. Amendment No. 2 clarifies how the money will be collected and distributed by IDOT.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, Senator Halvorson has moved the adoption of Floor Amendment No. 2, Senate Bill 814. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment’s adopted. Further amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 45 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. 876. On the Order of Senate Bills 2nd Reading is Senate Bill 876. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 876. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 882. Senator Clayborne? On the Order of Senate Bills 2nd Reading, Senate Bill 882. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 882. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 883. On the Order of Senate Bills 2nd Reading, Senate Bill 883. Mr. Secretary -- Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 883. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 3rd Reading. 884. Mr. Secretary, Senate Bill 884, read the bill.

ACTING SECRETARY HARRY

Senate Bill 884. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any amendments approved for consideration from the Floor?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 855. Mr. Secretary, on the -- Senate -- I beg your pardon. 885. Mr. Secretary, read the bill. Senator Clayborne, Clerk has -- Mr. Secretary has informed me that on 46 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 883 that there was a Floor amendment that had been filed. Mr. - - Mr. -- Senator Clayborne, it’s been -- it was your amendment. Do you wish -- let’s -- let’s leave the bill on 3rd. We can come back and do it on -- roll call -- I’m sorry, recall some -- some other time. 880 -- Senate Bill 885. Senator Clayborne? Mr. Secretary, 885, read the bill.

ACTING SECRETARY HARRY

Senate Bill 885. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 886. Senator Clayborne. On the Order of Senate Bills 2nd Reading, Senate Bill 886. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 886. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 890. Senator Obama? On the Order of Senate Bills 2nd Reading, bottom of page 11, 890. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 890. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Obama.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Obama.

Barack Obama (D)

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This is basically a technical amendment to the original bill. I’ll be happy to discuss the bill on 3rd Reading. 47 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there any discussion? If not, Senator Obama has moved the adoption of Floor Amendment No. 2 to Senate Bill 890. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Floor Amendment No. 2 is adopted. Further Floor amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) I beg your pardon. Senator Cronin, was it on this bill? Senator Cronin.

Dan Cronin (R)

Well, it’s too late now ‘cause it was adopted. We’ll talk about it on 3rd Reading.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) No, we haven’t adopted it yet. I didn’t say it was adopted yet.

Dan Cronin (R)

That’s all right. I just -- I just want to make sure everybody understands, and Senator Obama’s well-intentioned and this is -- this is one of those things that people don’t like to vote against, but… You know what? I’ll save my remarks for 3rd Reading. Thank you.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? If not, Senator Obama has moved the adoption of Floor Amendment No. 2 to Senate Bill 890. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment’s adopted. Any further amendments?

ACTING SECRETARY HARRY

No further amendments reported, Mr. President.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 3rd Reading. Eight -- the next one has a fiscal note. Top of page 12, 892. Senator Lauzen on the Floor? All right. All right. Ladies and Gentlemen, leave of the Body, we’ll come back to 915. Leave is granted. 941. Senator Woolard? Senate Bills 2nd Reading, top of page 12, 941. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 941. 48 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1001. Senator Clayborne? Senate Bills 2nd Reading, Senate Bill 1001. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1001. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any amendments from the Floor been approved?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1007. Senator Silverstein? Mr. Secretary, read the bill. 1007.

ACTING SECRETARY HARRY

Ten -- Senate Bill 1007. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1008. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1008. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1033. Mr. Secretary -- no. 1035. Senator Collins? On the Order of Senate Bills 2nd Reading, middle of page 12, Senate Bill 1035, Mr. Secretary.

ACTING SECRETARY HARRY

49 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senate Bill 1035. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted two amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any amendments approved for consideration…

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1036. Senator -- fiscal note been filed on Senate 1036. 1045, fiscal note. 1049, fiscal note. Ten sixty… All right. Page 12, Senate Bills 2nd Reading, Senate Bill 1049. Senator Walsh? No. We’re not going to do it anyway. 1064. Senator Crotty? On the Order of Senate Bills 2nd Reading, Senate Bill 1064. Mr. Secretary, read the bill. Take it out of the record. Senator Schoenberg, for what purpose do you rise?

Jeffrey M. Schoenberg (D)

Mr. President, I believe the note has indeed been filed in a timely fashion for Senate Bill 1045 and I would like to move that to 3rd.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. With leave of the Body, we’ll come back to 1045. I suggest you come down and talk to the Clerk, and if it is, in fact, we’ll move it; if it isn’t, we’re moving on. 1066. Senator Crotty? On the Order of Senate Bills 2nd Reading, Senate Bill 1066. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1066. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any amendments from the -- approved from the Floor?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Crotty.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Crotty.

M. Maggie Crotty (D)

50 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Thank you, Mr. President. Senate Amendment No. 1 now becomes the bill. It creates the Good Samaritan Energy Trust Fund which would assist low-income energy consumers in reducing high arrearages so that service can be connected or reconnected.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Crotty -- is there discussion? If not, Senator Crotty has moved the adoption of Floor Amendment No. 1 to Senate Bill 1066. All those in favor will indicate by saying Aye. Opposed, Nay. Ayes have it. Amendment’s adopted. Further amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1067. Senator Halvorson. On the Order of Senate Bills 2nd Reading, Senate Bill 1067. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1067. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1070. Senator Ronen? There’s a fiscal note. 1073. 1074. Top of page 13. 1081. Senator Martinez? On the Order of Senate Bills 2nd Reading, Senate Bill 1081. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1081. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Martinez.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Martinez.

Iris Y. Martinez (D)

51 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 The Department of Public Health to specify that the diabetes screening as defined by rule must be included as required part of each school health examination.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? If not, Senator Martinez has moved the adoption of Floor Amendment No. 1 to Senate Bill 1081. Those in favor will indicate by saying Aye. Those opposed will indicate by saying Nay. The Ayes have it. Amendment’s adopted. Further amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1110. Senator Jacobs? On the Order of Senate Bills 2nd Reading, top of page 13, is Senate Bill 1110. Mr. Secretary, read the bill. I’m sorry. 1102.

ACTING SECRETARY HARRY

Senate Bill 1102. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor that have been approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Jacobs.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

Denny Jacobs (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Amendment 1 is intended to take care of a problem brought about by the Municipal League, and it provides that within ten days, rather than thirty days, after the receipt of the ordinance authorizing imposition, amendment, or repeal of the Simplified Municipal Telecommunications Tax Act, the Department shall determine whether the ordinance meets criteria under the Act.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? If not, Senator Jacobs has moved the adoption of Floor Amendment No. 1 to Senate Bill 1102. Those in favor will indicate by saying Aye. Opposed, 52 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Nay. The Ayes have it. Floor Amendment No. 1 is adopted. Further -- further Floor amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1105. Senator Sandoval? 1111. Senator Hendon? On the Order of Senate Bills 2nd Reading, Senate Bill 1111. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1111. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. All right. With leave of the Body, we’ll go back to 1105. I must have misinterpreted Senator Sandoval’s signal. Senate Bills 2nd Reading, Senate Bill 1105. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1105. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill -- 1119. Senator Roskam. 1120. 1125. Senator Sieben. 1126. Senator Silverstein. On the Order of Senate Bills 2nd Reading, middle of page 13, is Senate Bill 1126. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1126. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1127. 1134. Senator DeLeo. 1151. Senator Cullerton. 1157. Senator Righter. 1164. Senator Hunter. On the Order of Senate Bills 2nd Reading, bottom of page 13, Senate Bill 1164. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1164. (Secretary reads title of bill) 53 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 2nd Reading of the bill. The Committee on Local Government adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1190. Senator Viverito. Mr. Secretary, 1190, please.

ACTING SECRETARY HARRY

Senate Bill 1190. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1195. Senator Munoz. 1200. Senator Halvorson. On the Order of Senate Bills 2nd Reading, bottom of page 13, is Senate Bill 1200. Mr. -- Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1200. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Bottom of page 13. Senate Bill 1201. Senator Jones. Mr. Secretary, read the bill, please.

ACTING SECRETARY HARRY

Senate Bill 1201. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Top of page 14. Fiscal note on 1207, I’m told. 1208. Senator Harmon. 11 –- I’m sorry. 1212. Senator 54 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Walsh. 1213. Senator Halvorson. Skip the appropriation bills. Let’s go to page 18, Ladies and Gentlemen. Turn to page 18. Bottom of page 18. 1329. Senator Dillard. 1330. Senator Collins. On the Order of Senate Bills 2nd Reading, bottom of page 18, is Senate Bill 1330. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1330. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Collins.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Collins.

Jacqueline Y. Collins (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Amendment No. 1 to Senate Bill 1330 just specifies or restricts the participants in the -- participants in the program just to LIHEAP program -- I’m sorry, just to LIHEAP members. Originally, the bill was drafted to prohibit electric and public utility companies from cutting off, disconnecting heat between December 1st and March 31st, but it left it open to all those eligible for LIHEAP. The amendment just restricts it now to just LIHEAP participants.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, Senator Collins has moved the adoption of Amendment No. Floor Amendment No. 1 to Senate Bill 1330. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendments adopted. Further amendments from the Floor?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1335. Senator Schoenberg? 1336. Senator Schoenberg. Bottom of page 18 is Senate Bill 1336. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

55 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senate Bill 1336. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Top of page 18. 1342. Senator Radogno. Mr. Secretary, 1342, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1342. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Radogno.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Radogno.

Christine Radogno (R)

Thank you, Mr. President. This amendment actually becomes the bill. It makes a number of changes to the laws that govern “not guilty by reason of insanity”, and we can talk about the specifics on 3rd Reading.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, Senator Radogno has moved the adoption of Floor amendment No. 2 to Senate Bill 1342. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Floor Amendment No. 2 is adopted. Further Floor amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 3rd Reading. 1358. Senator Harmon. On the -- okay. 1359. On the Order of Senate Bills 2nd Reading, top of page 19, is Senate Bill 1359. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1359. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. 56 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Harmon.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President. I would like to adopt the amendment but leave the bill on 2nd Reading, if that’s possible. The -- the amendment, like the bill, is an initiative of the Metropolitan Water Reclamation District. It excludes disability annuitants and surviving spouses. And this would stay on 2nd Reading.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Harmon has moved the adoption of Floor Amendment No. 2 to Senate Bill 1359. All in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment is adopted. Gentleman wishes to have that bill remain on the Order of 2nd Reading. It shall be there. On the order of Senate Bills 2nd Reading, Senate Bill 1360. Senator Maloney? Mr. Secretary, read the bill. Fiscal note. I’m sorry. Take it out of the record. All right. 1361. Senator Lauzen. 1373. Senator Garrett. On the Order of Senate Bills 2nd Reading, Senate Bill 1373. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1373. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1377. Senator Clayborne. It’s a pension bill. 1378. Clayborne. Senator Clayborne on the Floor? 1379. Senator Cullerton. I’m sorry. 1380. Senator Welch. On the 57 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Order of Senate Bills 2nd Reading, Senate Bill 1380. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 1380. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Welch.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. …Welch.

Patrick Welch (D)

We want -- we want to table that amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch has moved to table Floor Amendment No. 1 to Senate Bill 1380. All in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment’s tabled. Further Floor amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1384. Senator Hunter. Madam Secretary, on the order -- I’m sorry. Mr. Secretary, on the Order of Senate Bills 2nd Reading, Senate Bill 1384, sir.

ACTING SECRETARY HARRY

Senate Bill 1384. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any amendments from the Floor been…

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Hunter.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hunter.

Mattie Hunter (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment 1 narrows the scope of the bill from any 58 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 municipality to the City of Chicago only. And we can talk about the specifics on the 3rd Reading.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, Senator Hunter has moved the adoption of Floor Amendment No. 1 to Senate Bill 1384. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. All right. Amendment’s adopted. Further amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd -- 3rd Reading. Senate Bill 1399. Senator Welch. 1402. Fiscal note, I’m told. 1408. Senator Obama. On the Order of Senate Bills 2nd Reading, Senate Bill 1408. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1408. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any amendments from the Floor been approved?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1416 has a fiscal note, Senator Obama. Senate Bill 1430. Senator Obama. 1431. Senator Emil Jones. Mr. Secretary, read the bill. 1431.

ACTING SECRETARY HARRY

Senate Bill 1431. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments approved for consideration from the Floor?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Jones.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.

John O. Jones (R)

59 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Thank you, Madam -- Mr. President. Amendment No. 1 becomes the bill. It states that in -- in absence of a will or a specific bequest, it gives heir -- the heirs ownership rights as well as the right to cemetery interment spaces. It gives cemetery authority and -- the power to determine ownership as well as the unused rights of interment based on -- a standard affidavit for cemetery interment rights from -- when the owner of a with multiple interment rights dies. This is a bill supported by Illinois Cemetery Association, the Funeral Directors Association of Illinois. I ask for its adoption.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there any discussion? If not, Senator Jones has moved the adoption of Floor Amendment No. 1 to Senate Bill 1431. All in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 1 is adopted. Further amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Bottom of page 19. 1440. Senator Woolard. All right. Senate Bill 1442. Senator Woolard. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 1442. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Bottom of page 19. Senate Bill 1461. Senator Welch. All right. On the Order of Senate Bills 2nd Reading, Senate Bill 1461. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1461. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported. 60 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) …Reading. Top of page 20. 1466. Silverstein. On the Order of Senate Bills 2nd Reading, Senate Bill 1466. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1466. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there any amendments from the Floor?

ACTING SECRETARY HARRY

No further amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 3rd Reading. All right. Senator Welch gave me a signal on 1462. Mr. Secretary, with leave of the Body, we’ll return. On the Order of Senate Bills 2nd Reading, top of page 20, is Senate Bill 1462. Read the bill.

ACTING SECRETARY HARRY

Senate Bill 1462. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senator Woolard, for what purpose do you rise?

Larry D. Woolard (D)

For the purpose of an explanation to the Body. I had told everyone that I was going to hold 1442 on 2nd, and I got all screwed up with 1402. And -- and I apologize. This is not intended to move. It’s going to sit on 3rd Reading instead of 2nd Reading.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, thank you very much for that explanation. On the Order of Senate Bills 2nd Reading, Senate Bill 1476. Senator Sullivan. Fiscal note on 1474. I’m sorry. There is a fiscal note that has been -- been filed. 1477. Senator Welch. Senator Welch, 1477? Senator Welch? 1477? On the Order of Senate Bills 2nd Reading is Senate Bill 1477. The gentleman wishes to have it called after a third time. Read the bill, Mr. Secretary. 61 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

ACTING SECRETARY HARRY

Senate Bill 1477. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1478. 1480. 1504. Senator Harmon. 1504. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1504. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor? 3rd Reading. Ladies and Gentlemen, the Chair has been informed that we, in fact, are going to read the -- certain bills into the record. Was not informed. It’s my error. So, with leave of the Body, we’ll go back to the Order of 1478 and see whether or not we can convince the sponsor to -- oh, he does. Okay. Senate Bill 1478. Mr. Secretary, read the bill. 1478. Sorry about that.

ACTING SECRETARY HARRY

Senate Bill 1478. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1480. Senator Clayborne. On the Order of Senate Bills 2nd Reading, Senate Bill 1480. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1480. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1506. Senator Harmon. On the Order of Senate Bills 2nd Reading, Senate Bill 1506. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1506. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. 62 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1507. Senator Harmon. On the Order of Senate Bills 2nd Reading, Senate Bill 1507. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1507. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1509. Senator Walsh. Senator Walsh on the Floor? 1511. There’s a fiscal note. 1513. Senator Jacobs. On the Order of Senate Bills 2nd Reading, Senate Bill 1513. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1513. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance and Pensions adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 3rd Reading. 1515. On the Order of Senate Bills 2nd Reading is Senate Bill 1515. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1515. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment -- or, the Committee on Executive. I beg your pardon.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 63 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 3rd Reading. 1516. Senator Walsh. 1518. Senator Jacobs. On the Order of Senate Bills 2nd Reading, Senate Bill 1518. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1518. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1523. Senator Crotty. On the Order of Senate Bills 2nd Reading, Senate Bill 1523. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1523. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) …Reading. Senate Bill 1527. Senator Jones, J. Jones. John. Out of the record. I didn’t put it in the record. 1535. Senator Sullivan. On the Order of Senate Bills 2nd Reading, bottom of page 20, Senate Bill 1535. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1535. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 64 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. Top of page 21. Senate Bill 1543. Senator Radogno. On the Order of Senate Bills 2nd Reading, 1543, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 1543. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Radogno.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Radogno.

Christine Radogno (R)

Thank you, Mr. President. The amendment just clarifies what triggers the review when a sexual assault occurs in a nursing home.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, Senator Radogno has moved the adoption of Floor Amendment No. 1 to Senate Bill 1543. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Floor Amendment No. 1 is adopted. Further Floor amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1572. Senator Halvorson. Senator Halvorson on the Floor? 1573, fiscal note. 1576. Senator Link. 1586. Senator Obama. Going. 1592. Senator Collins. On the Order of Senate Bills 2nd Reading, Senate Bill 1592. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1592. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1649. Senator Wojcik. 1677. Senator Cullerton. On the Order of Senate Bills -- 1678. On 65 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 the Order of Senate Bills -- 2nd Reading, Senate Bill 1678. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1678. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1679. Senator Cullerton. Mr. Secretary, 1679.

ACTING SECRETARY HARRY

Senate Bill 1679. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1680. Senator Cullerton. Mr. Secretary, 1680, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1680. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1681. Senator Cullerton. On the Order of Senate Bills 2nd Reading, Senate Bill 1681. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1681. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1682. Senator Cullerton. 1682. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1682. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1683. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

66 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senate Bill 1683. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 691 {sic}. Senator Cullerton. On the Order of Senate Bills -- Senate Bills 2nd Reading, Senate Bill 1691. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1691. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. The next three have fiscal notes. Senate Bill 1762, at the bottom. Senator Schoenberg? Senator Schoenberg wishes to have Senate Bill 1762 called. Mr. Secretary, read the bill. Bottom of page 21.

ACTING SECRETARY HARRY

Senate Bill 1762. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Top of page 22, Ladies and Gentlemen. 1763. Senator Obama. 1763. 1768. Senator Lauzen. 1770. Senator Halvorson. 1774. Senator Jacobs. Read the bill, Mr. Secretary. 1774.

ACTING SECRETARY HARRY

Senate Bill 1774. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance and Pensions adopted one amendment.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Have there been any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 1784. Senator Link. Mr. Secretary. Let’s see, 1787. Senator Harmon. On the Order of 67 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senate Bills 2nd Reading, Senate Bill 1780 {sic}. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1787. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 1856. Senator Ronen? 1857. Senator Ronen. 1882. Senator Jones? On the Order of Senate Bills 2nd Reading, Senate Bill 1882. Mr. Secretary, read the bill. 1882.

ACTING SECRETARY HARRY

Senate Bill 1882. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senator Jacobs, for what purpose do you rise?

Denny Jacobs (D)

Did you inadvertently pass over 1864, Mr. President?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) I inadvertently should have said, that there was a fiscal note filed for that. I’m sorry.

Denny Jacobs (D)

Oh, I’m sorry. I didn’t hear that.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) I should have said that. I did not say that. I -- I should have said that. 1883 has a fiscal note. 1961. Senator Schoenberg. And 2000 has a fiscal note that’s been filed. Ladies and Gentlemen, we have completed our business on the Order of 2nd Reading. We will now be going to the Order of 3rd Reading. We’ll be going to the Order of 3rd Reading. We’ll be starting at the bottom of page 22. 3rd Reading. We’re going to be starting at the -- on the Order of 3rd Reading on the bottom of page 22. On the Order of Senate Bills 3rd Reading is Senate Bill 4. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 4. (Secretary reads title of bill) 3rd Reading of the bill.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 68 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senator Obama.

Barack Obama (D)

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This bill simply extends the earned income tax credit which we established three years ago. It is a program that has received bipartisan support both at the federal and the state levels. It essentially provides tax breaks to those who need it most, people who work full-time and are of modest means. I know of no opposition to the bill. It came out of committee without opposition. I would ask for an affirmative roll call.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? Senator Rauschenberger.

Steven J. Rauschenberger (R)

Thank you. I rise to compliment the sponsor on pointing out that we have a sunset date on the earned income tax credit. But in this extraordinary budget year when we haven’t yet seen the Governor’s budget, I guess I would urge the sponsor to consider taking the bill out of the record for now, having had Senate action on it in committee and showing our clear intent, until we have a sense of where the Governor is going and where our revenues are going to stabilize and what some of the other issues are. Originally, this earned income tax credit was sourced out of the revenues of the Tobacco Settlement Fund. For good, or for evil, we have now spent all the tobacco settlement proceeds in other programs like the Circuit Breaker expansion and other things. And I -- I just think before we go into General Revenue spending, we ought to be quite thoughtful. But, again, I think this is a good program. It was originally proposed at the federal level, I think under the Reagan administration. Represents, I think, forward-looking tax policy. But before we reenact it, I -- I would urge the sponsor to consider waiting for the -- the words of wisdom from the Governor. Perhaps an extended deadline might be another opportunity. But just a thought for the sponsor.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Lauzen.

Chris Lauzen (R)

Thank you -- thank you, Mr. President. I guess a question -- sponsor. 69 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) The sponsor indicates he will yield. Senator Lauzen.

Chris Lauzen (R)

Senator, I think that the -- we certainly do have bipartisan support, but that’s different from that there isn’t any resistance or opposition to the bill. There are some folks who are opposed to it. And -- but a question that I have for you is -- and I’m certainly -- I’m certainly in favor of it, but there are arguments that could be made opposed. So I -- I see you looking -- I'd like to ask you, is this limited to the tax liability or is it a refundable credit?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Obama.

Barack Obama (D)

Thank you, Mr. Chairman. Prior to answering this question - I -- I just wasn’t sure - Senator Lauzen, aren’t you a cosponsor on this bill?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Lauzen.

Chris Lauzen (R)

Yes. But I’m correcting the record. There are people in this caucus and perhaps in your caucus who are opposed, and to say that it has bipartisan support is accurate. To say that there is no opposition to the bill is not accurate, from what I know of some of the people on this side of the aisle.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. All right. Senator Obama.

Chris Lauzen (R)

Just wanted to clarify.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Beg your pardon. Senator Obama.

Barack Obama (D)

I’m not quibbling. I just want to be clear. I think, traditionally in this Chamber, when one says, “I know of no opposition”, what that means is there were no witness slips filed in opposition; it came out of committee without opposition. I recognize and respect the comment that was made by Senator Rauschenberger, which is the point generally has been made that the Governor has not come up with his budget yet. I 70 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 recognize that. I’m mindful of that. I think it’s important that we move this forward. I have every indication that, in fact, this is something that will be included as part of the overall budget package. It’s important for us statutorily to deal with this. And I would like to move it forward. It is not refundable. So I’m now going to the specific question you’re asking, Senator Lauzen. It is -- this is not a refundable version. In committee, when we discussed this, my original version had a refundability component to it. It was asked by the committee that that amendment be removed. I did so. This is now a clean bill, simply removing the sunset date. There is a version coming over from the House that makes it refundable, that already passed the House, and has more extensive costs attached to it. I have picked that up from the House version but am not planning to move it until the budget discussions move forward. It may turn out that the Governor wants to make some modifications. In which case, I’m sure that we will be accommodating.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Lauzen.

Chris Lauzen (R)

Thank you, Mr. President. Just, again, for clarification of the record. And I -- I wouldn’t characterize it as quibbling either over at -- at least my end of this discussion. But I believe that there was a witness slip submitted by the IML.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Obama.

Barack Obama (D)

I stand corrected. I just saw that slip, but the -- it was not brought to my attention earlier.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? If not, the question is, shall Senate Bill 4 pass. Those is favor will vote Aye. Those opposed, Nay. 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, the Ayes are 45, the Nays are none, 12 voting Present. Senate Bill 4, having received the required constitutional majority, is declared passed. Bottom of page 22. Senate Bill 22. Madam 71 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Secretary, read the bill. All right. Senator Woolard wishes to… All right. Ladies and Gentlemen, Senator Woolard wishes to recall Senate Bill 22 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 22, Madam Secretary.

Linda Hawker

Floor Amendment No. 2, offered by Senator Woolard.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Woolard.

Larry D. Woolard (D)

Senate -- Senate Amendment 2 to Senate Bill 22 is something that just puts this bill in a posture that is similar to a bill we passed last year dealing with this same issue. It takes only five percent of those registered voters in a district to get a front-door referendum, instead of a backdoor referendum. As now states, twenty percent is needed. Reduces it to five percent. Would appreciate your support.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there -- is there discussion? If not, Senator Woolard has moved the adoption of Floor Amendment No. 2 to Senate Bill 22. All those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Floor Amendment No. 2 has been adopted. Further amendments?

Linda Hawker

No further amendments reported, Mr. President.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Top of page 23, Ladies and Gentlemen, 23, is Senate Bill 50. Senator Cullerton. 58. Senator Cullerton. On the Order of Senate Bills 3rd Reading, top of page 23, is Senate Bill 58. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 58. (Secretary reads title of bill) 3rd Reading of the bill.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.

John J. Cullerton (D)

72 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Thank you, Mr. President, Members of the Senate. We started debating this bill, I believe, yesterday. Had a question by Senator Rauschenberger, and I wanted to take it out of the record so I can get back to him. This bill deals with the issue of graduated driver’s licensing for young drivers, sixteen- and seventeen-year-olds. This would say that the first six months that they’re driving their car, they are restricted to have one passenger in the car who’s under the age of twenty. If they have anybody over twenty, then they -- this would not apply. There’s an exemption for siblings. And as indicated in our debate earlier, this bill has received the editorial support of the Sun-Times and the Tribune, and pointed out in the Tribune, a sixteen-year-old driver carrying one teen passenger is forty-five percent more likely to die in an accident than a teen driver without a passenger. When you add a second or third teen passenger, the risk soars to seventy-one percent. So this is a recommendation of the National Transportation Safety Board. Will definitely save lives. It’s done in twenty other states where they have restrictions on passengers at this young age. It’s been amended to have it limited to the first six months of driving. Would ask for an Aye vote and be happy to answer any questions.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? Senator Roskam.

Peter J. Roskam (R)

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

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator Roskam.

Peter J. Roskam (R)

Senator Cullerton, you mentioned the Chicago Tribune and their editorial support. Is it your position that you’re willing to adopt positions of the Chicago Tribune and those things that they support or oppose editorially?

Deanna Demuzio (D)

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

John J. Cullerton (D)

No. I think we should just pick and choose. If they -- if they -- if they -- if they like your bill. I would say on the Sun-Times -- on the Sun-Times, they first editorialized against 73 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 it, and then I convinced ‘em, after I amended it, to be supportive. So that was a little harder work.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Roskam.

Peter J. Roskam (R)

…sure -- I’m sure you wore ‘em down like a bar of soap. But to the bill: I just would like to point out, I -- I think that anytime we parse out areas of -- places where -- in terms of age and so forth, where -- where people are allowed to do certain things or not do certain things based on an age, I think it’s somewhat problematic. And here’s my point: If you take a group of eighty-year-olds, maybe eighty- to eighty-five-year- olds, and say your -- your conduct is going to be restricted, you’re also going to see the benefits statistically. I think that parents are going to be in the best shape, the best position, to make determinations about how their kids should be driving, and just urge caution on the part of the Members.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Cullerton may close. Senator Cullerton.

John J. Cullerton (D)

Yes. I -- I forgot to mention that we took it out of the record at the request of Senator Rauschenberger. Forgot to answer his question. This is a petty offense, just like a number of traffic offenses. I would just like to respond that it -- it’s very clear, when you look at the crash statistics, that sixteen-, seventeen-, eight-year-olds are -- eighteen-year- olds are the highest, most riskiest drivers. And it -- it then drops dramatically and stays that way until about age eighty- five, as Senator was mentioning. But even then it doesn’t rise to that level. So this is a good bill to save lives. I would urge an Aye vote.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 58 pass. Those in favor will vote Aye. Those opposed will 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, the Ayes are 39, the Nays are 16, 1 voting Present. Senate Bill 58, having received the required constitutional majority, is 74 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 declared passed. Senate Bill -- Senator Viverito, for what purpose do you rise?

Louis S. Viverito (D)

I tried to press that and it didn’t go on green. So would you please mark me a Yes on the last bill?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) The record will so reflect. Senate Bill 63. Senator del Valle? 90? Senator del Valle? Let’s see. 95, Senator -- wait a minute. On the Order of Senate Bills 3rd Reading, Senate Bill 90. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 90. (Secretary reads title of bill) 3rd Reading of the bill.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator del Valle.

Miguel del Valle (D)

Mr. President, an amendment was adopted in…

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Mr…

Miguel del Valle (D)

…or recommended by Committee today.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Hold on just a moment. Senator del Valle, pardon me. It’s my understanding that there’s an amendment, that this bill is on Recall, and do you wish to adopt that? All right. Senator del Valle has moved that -- let’s see. With Leave of the Body, we will return to the Order of -- Senate Bill 90 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 90, Madam Secretary.

Linda Hawker

Floor Amendment No. 2, offered by Senator del Valle.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator del Valle.

Miguel del Valle (D)

Thank you, Mr. President. The amendment made a change in the Day and Temporary Labor Services Act to make it consistent 75 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 with the language that we put in the Strikebreaker Act. That’s all it does.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, question is -- Senator del Valle has moved the adoption of Amendment No. 2 to Senate Bill 90. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Further amendments?

Linda Hawker

No further amendments reported, Mr. President.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 95. Senator Shadid. 96. Senator Watson. 100. Senator Cullerton. That’s a recall. Senator Cullerton, do you wish to have that… On the Order of Senate Bills 3rd Reading, Senator Cullerton has requested that Senate Bill 100 be returned to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading, Senate Bill 100, Madam Secretary.

Linda Hawker

Floor Amendment No. 2, offered by Senator Cullerton.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. This is a technical amendment that replaces the word “time” with the word “terms”. It was a misspelling.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Cullerton has moved the adoption of Floor Amendment No. 2 to Senate Bill 100. Those in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Further Floor amendments?

Linda Hawker

No further amendments reported.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 111. Senator Jacobs. 123. Senator Cullerton. 130 is also on recall. Senator Obama, do you wish -- Senator Obama -- on Senate Bill 130, request the Order -- that -- with leave of the Body, we’ll return Senate 76 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Bill 130 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 130, Madam Secretary.

Linda Hawker

Floor Amendment No. 1, offered by Senator Obama.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Obama.

Barack Obama (D)

Thank you, Mr. Chairman, Ladies and Gentlemen of the Senate. The underlying -- the original bill removed the sunset on the KidCare program. The Governor has indicated in his State of the State Address that he wanted to change eligibility under the program from a hundred and eighty-five percent to two hundred percent. This is one of the few areas in the -- in his State of the State Address where he indicated that he wanted to actually expand eligibility. So, I have agreed to attach the original bill with the amendment prepared by the Governor’s Office. I’ll be happy to debate it either here or on 3rd Reading. I’m assuming there are going to be more -- there’s going to be a desire on the part of some to make the general point that we have not yet seen the Governor’s budget; doesn’t it make sense for us to potentially hold this until we see what the Governor is actually doing in this time of fiscal crisis. I have now memorized this point and can recite it verbatim. And I think -- and I -- and I don’t discount the point. I understand it’s a legitimate point. On the other hand, I think the Governor’s trying to put his stamp on in this particular area. I'd ask for an affirmative roll call.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Righter.

Dale A. Righter (R)

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

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Righter.

Dale A. Righter (R)

Senator Obama, I appreciate so much your recitation of our concerns over here, and we’re hopeful now that you will embrace them rather than just recite them. But just to make it clear: When this bill first passed through committee, it was simply 77 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 extending the sunset, did not expand eligibility at all. And now, based on what you’ve heard the Governor say in his State of the State Address, you believe that we should go forward and expand the -- the criteria.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Obama.

Barack Obama (D)

I -- I -- I just want to make clear, this is not based on some assumption on my part. This was a specific request made to me by the Governor’s staff that this amendment be attached, and this amendment was prepared by the Governor’s Office. So, this isn’t speculative on my part. I want to make clear that I’m not using some vague reference in the State of the State Address to try to shoehorn a whole bunch of additional spending in there. This is a specific -- request made by the Governor’s Office that I’m responding to.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Righter.

Dale A. Righter (R)

Has that request been made and then -- I mean, when that information or that request was made available to you, were you given a -- an idea of where this would fit in terms of the entire context, or they just advised you that this would just be -- this is one piece that they want you to carry?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Obama.

Barack Obama (D)

If the question is whether I have the budget in my back pocket and I’m holding out, the answer is no. Obviously, the Governor is still developing his overall budget, which will be announced in April. This is what they consider to be an important component that they are going to be incorporating into their overall budget. I have no overview with respect to what the budget looks like.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Geo-Karis.

Adeline Jay Geo-Karis (R)

Will the sponsor yield for a question?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 78 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Indicates he will yield. Senator Geo-Karis.

Adeline Jay Geo-Karis (R)

Senator, I’m a little bit confused. Doesn’t take much to confuse me today, but, anyway, would you -- please tell me, what does your bill do? Does -- it goes passed the sunset type -- sunset of 2006? What -- what does it do with your amendment? What does it actually do?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Obama.

Barack Obama (D)

The underlying bill deals with the sunset on the KidCare program, a hugely successful program designed with the help of a number of my colleagues, including Senator Rauschenberger and Senator Syverson -- who worked with Senator Trotter over the last several years in order to make sure that our children were covered under the CHIP program at the national level, the Children’s Health Insurance Program. It deals with children who are -- make -- whose parents make more money -- too much money to qualify for Medicaid but who otherwise don’t have health insurance and are low-income, working families. So, the original bill simply extended the sunset. The Governor’s Office would like to expand eligibility from a hundred and eighty-five percent of poverty, which is the current rule, to two hundred percent of poverty with respect to eligibility. So, it’s going to add some additional children whose parents don’t make much money but are just north of the current cutoff line in terms of whether their kids are eligible for coverage or not.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Roskam.

Peter J. Roskam (R)

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

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator Roskam.

Peter J. Roskam (R)

Senator, you’ve done a lot thinking and studying and so forth on this. What’s the number that you’re looking at in terms of a fiscal impact? And if Senator Righter asked you, I regret asking a second time. I just didn’t recall the question.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 79 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senator Obama.

Barack Obama (D)

Thank you. I don’t have the precise fiscal impact. My assumption was that the -- there would be a fiscal note attached to this, and that -- so that we would not be having this full debate at this point. The bill had already moved to 3rd. I was moving it back for recall to attach the amendment, and my assumption is, is that before we actually pass the bill out of 3rd, that we will know exactly what the estimates are in terms of cost.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator -- further discussion? Senator Roskam.

Peter J. Roskam (R)

Will you come back to the -- to the Body with that information? ‘Cause I don’t know if that -- that fiscal note -- I mean, we’re moving from 2nd to 3rd. So, it’ll be poised on 3rd Reading. Then the other question is sort a philosophical question. What is the -- what is enough? And -- and here’s what I mean: There was a policy decision that was made at some point to articulate a poverty level. We all chose to pierce that, obviously, and to move to - what? - a hundred and eighty- five percent of the poverty level. You’re now recommending that we move to two hundred percent of the poverty level. And my question is, at -- at what point are we really socializing medicine? I’m not trying to throw that out there in an unfair way. It’s a fair question, I think, and it’s one I think that we need to answer. You know, we’re sort of collapsing this down, and -- and over a period of time, maybe the unintended consequence of a bill that people feel basically good about - supporting children in -- in -- in lower income, working families - but there is a concern that -- that we ultimately create an incentive for -- for companies to say, “You know what? I’m not going to offer coverage.” You know, what is the -- I know you’ve given this a lot of thought. What’s the bright line, in your view?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Obama.

Barack Obama (D)

80 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senator Roskam, I -- I mean, you’ve -- you’ve raised some legitimate questions about how we are thinking about the general health care crisis. I -- I want to make clear that the current federal poverty level, which hasn’t been adjusted in many years, is, in fact, so low that it’s doubtful that in -- in many areas throughout the State people could, in fact, afford to literally survive if their income was just at the federal poverty level. I think the one eighty-five percent level probably captures minimum-wage workers and extremely low-wage workers. And so, the notion is to take it up to two hundred percent. It’s that category of workers that are very unlikely, currently, to be obtaining health insurance from their employers. I mean, these are extremely low wage, oftentimes temporary workers, and as a consequence, you don’t yet have that problem where you have employers potentially dropping a bunch of employees as a consequence of the expansion of this program to their children. Now, I share with you a belief that at some point we’re going to have to have a broad philosophical conversation about the issue of health care generally and how are we dealing with the growing ranks of uninsured, many of whom are in middle -- in the middle class and who traditionally were receiving their health insurance through their employers and now are not, either because they’ve lost their jobs temporarily, they’ve started their own businesses, et cetera, et cetera. So, I mean, I think there’s some interesting issues involved there. I don’t think those issues start at two hundred percent of poverty.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Roskam.

Peter J. Roskam (R)

Just a very brief question and then to the bill. And I know Senator Obama will pick up my question, and that is: Does the federal poverty level -- isn’t that indexed by inflation and doesn’t that move, or is that a static figure that’s -- that’s maintained into perpetuity that -- that needs to be revisited? It seems to me like if it is indexed by inflation, then there’s one approach to this bill. If it’s not indexed by inflation, then there’s another approach on the bill. And then just let me speak to the bill generally. You know, this is a -- a subject matter that is, you know, clearly, an as I mentioned before, 81 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 area of sympathy. My concern is that the great debate that Senator Obama mentioned isn’t ultimately going to happen, because what we’re going to do is sort of nickel-and-dime our way into a -- into a situation where we really have a State government-run/national government-run health care policy. I think it’s a weakness. I think that one of the great things about this country is that we have a health care system that is second to none in the world. That -- we can’t say that about many other things about America. But when it comes to health care, there are people that want to come here. It’s because it’s basically a privately driven system. So people are coming from here -- coming to here from Canada. They’re coming to here from all over -- all over the world in order to have procedures done. And my concern is that the unintended consequence of this approach, well-intentioned as it is, is ultimately going to kill the goose that laid the golden eggs.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Rauschenberger.

Steven J. Rauschenberger (R)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. A couple of questions to the bill for the sponsor.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Rauschenberger.

Steven J. Rauschenberger (R)

I’ll -- I’ll spare you the explanation of how I’m concerned about the five-billion-dollar structural deficit that the Governor’s talked about and the fact that we’re acting on what I would call end-of-Session issues early, ‘cause I think you already admitted to both of those. But -- actually, and I’m sure the Senator’s aware, the KidCare program’s actually in three separate bands. There’s the kind of, I think, zero to a hundred and thirty-three percent, which is full, traditional Medicaid that any child is eligible for, no -- no deductibles. There’s also kind of KidCare “II” which is one thirty-three to a hundred and fifty percent of poverty where there is small copays. There’s a hundred and fifty to one eighty-five where premium share kicks in, as well as the -- the full deductibles permitted under federal law. Since the Governor was a little sketchy in his speech, can you tell us which part of the KidCare 82 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 program the Governor is raising the eligibility of? Is he expanding the one fifty to one eighty-five band to one fifty to two hundred, or is he raising the -- the bottom? I mean, what part of the KidCare program is his amendment designed to expand?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Obama.

Barack Obama (D)

It’s my understanding that it’s -- it’s the one fifty to two hundred band that -- that is being expanded. I -- I do want to make a general point though, and that is that, again, my understanding was -- is that we were attaching this amendment to the bill and we’re going to be debating it on 3rd. As a consequence, for example, the fiscal note numbers had not been prepared yet and so forth. I’m happy to engage in this conversation now, but I -- I -- I think it’s important to recognize that probably in terms of -- as you can see I’m -- I’m standing bare here without the assistance of staff, and some of the numbers have not yet been researched. I probably will be able to provide a more thoroughgoing response to some of the questions that are being raised once we go to 3rd.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rauschenberger.

Steven J. Rauschenberger (R)

Thank you, Senator Obama. I’ll accept that explanation. I realize we are on 2nd Reading, but some of us were very concerned that you had a good bill. We didn’t want to see you attach any amendment to it that would force some of us not to be able to support your good bill. So, I think the -- the debate, although unusual, is -- is spirited for a reason. We’re concerned about engaging in, you know, kind of discussions of expenditures that, you know -- but certainly understand you don’t have everything with you. Look forward, if this amendment’s adopted and you decide not to withdraw it, to a spirited debate on 3rd.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Ronen.

Carol Ronen (D)

Thank you, Mr. President. I rise in support of the Senator’s amendment. I -- KidCare is everybody’s, as -- has 83 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 been one of the best programs we’ve had in this State. When the federal government instituted the KidCare program nationwide, they allowed states to go to two hundred percent of poverty. Illinois chose not to do that, thereby eliminating from coverage many children in need. Now, we talk about two hundred percent of poverty as if that were some great windfall. Let me remind the Body that for a family of -- of two, two hundred percent of poverty means they’re making just over twenty-four thousand dollars a year. We’re not talking about some great giveaway to -- to people who don’t need it. We’re talking about kids who don’t have coverage for health care. And we know if we can cover kids and give them the kind of coverage they need, we can prevent later problems. And also, more importantly, for every - - every dollar that we spend on KidCare, sixty-five cents of those -- of that dollar comes from the federal government. This is a program that not only makes good policy sense, but it makes fiscal sense, and I applaud the sponsor for moving forward on this.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Obama, may close.

Barack Obama (D)

Thank you very much. I think that was an eloquent close by Senator Ronen. I'd ask for an affirmative roll call.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Obama has moved -- moved the adoption of Floor Amendment No. 1 to Senate Bill 130. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 1 is adopted. Further amendments?

Linda Hawker

No further amendments reported, Mr. President.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. 133. Senator Garrett. On the Order of Senate Bills 3rd Reading, Senate Bill 133. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 133. (Secretary reads title of bill) 3rd Reading of the bill.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 84 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senator Garrett.

Susan Garrett (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 133 amends the Illinois Enterprise Zone Act and provides that beginning in the year 2004 until December 2008, a total of five additional enterprise zones may be certified by the Department of Commerce and Community Affairs. Happy to answer any questions.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Lauzen.

Chris Lauzen (R)

Thank you. Some questions for the sponsor.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates she will yield. Senator Lauzen.

Chris Lauzen (R)

Senator, we have a list of ninety-three of these enterprise zones across the State of Illinois. What evidence can you offer the Body here that they are successful at -- at doing what the - - you know, what their objective is? What is their objective? And what evidence is there that they’re successful?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right, Senator Garrett.

Susan Garrett (D)

The -- the -- the purpose of an enterprise zone is to provide tax incentives and jobs and new business -- business opportunities in depressed areas of the State. And originally what attracted -- attracted me to this concept was that in Lake County, where I reside, we have no enterprise zones - and you are correct, Senator; there are ninety-three of these in the State - and we have communities that, at one point in time, were thriving. But for the lack of any economic incentives, we haven’t had the opportunity to bring back some of the jobs that were lost over the last three decades; we haven’t had the opportunity to bring back businesses that have, in fact, decided to go to Wisconsin and set up shop there because their -- their state has done a much better job in providing incentives. So the purpose of this bill is to provide tools for businesses to relocate to these depressed areas and also to be able to attract new jobs. 85 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Lauzen.

Chris Lauzen (R)

So you’re saying that tax incentives actually do encourage the creation of jobs in the private sector. Let me ask, one of the -- one of the incentives that’s provided in -- in an enterprise zone is that dividend income is deductible by those companies operating in those. So is it your opinion that the -- exempting dividend income, not taxing dividends twice, is a good idea?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Garrett.

Susan Garrett (D)

Senator, there are many components, as you know, to enterprise bill legislation and that is one part of it that is - - that should be taken into consideration and that does play a role. But certainly the main thrust of this legislation is to attract businesses, bring in new jobs, provide tax incentives and ensure that we do not lose business to some of our border states.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Lauzen.

Chris Lauzen (R)

I’m not sure that that answered the question, but I understand what you’re saying. Could you tell us what the cost is of this legislation in terms of the various pieces: the sales tax, utility tax, the investment tax credit? Can you share with us what the fiscal impact will be if it’s adopted?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right, Ladies and Gentlemen. He’s -- Senator Garrett.

Susan Garrett (D)

Senator, we have had a few fiscal notes filed. The Department of Commerce and Community Affairs has said that with their work for each enterprise zone, five zones, it’ll be three hundred dollars per zone, a total of fifteen hundred dollars. The Illinois Ec and Fiscal Commission basically said that this legislation would not change the level of the State indebtedness. The Department of Revenue has stated that each zone, I think, would be between five hundred to seven hundred 86 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 and fifty thousand dollars. And I would argue that they have made a faulty assumption, because what they are saying is that each community will actually lose projected taxes, but what they fail to recognize is that these communities never had the ability to bring in these new jobs and new businesses. So, in fact, what we’re doing is adding to the value and the economic vitality of the community.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Lauzen.

Chris Lauzen (R)

One -- one last question. I -- I would like to observe that that fifteen-hundred-dollar figure that you just quoted from DCCA, first of all, I think that there’s not much that we do in State government that goes at fifteen hundred dollars. But that’s just what they claimed the administrative charge is. I would ask you to sit with me on Appropriations to see that that number is -- if you’re concerned about the Department of Revenue number, take another look at the DCCA number. But the - - my final question is, do these enterprise zones set up a competition among different communities where they all try to outcompete, outincentivize, the other communities to the detriment of the folks who are trying to provide the services in those communities? Does it set up an unhealthy competitiveness among communities that are in the surrounding area if everybody has their own enterprise zone?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right, Senator Garrett.

Susan Garrett (D)

Senator, this is not a piece of legislation that allows for every community in the State to adopt an enterprise zone. Let me restate this again: Enterprise zones are only for communities that are very depressed, who have high levels of unemployment, who have lost businesses. So, for anybody to say that by putting an enterprise in one of these communities would be setting up competition with another enterprise zone in the State, I think really misses the point. We have to attract businesses and jobs, we have to be competitive, and we have to ensure that we do everything we can so we don’t lose jobs and businesses to our border states. So you could maybe say that 87 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 there’s some competitiveness, but I’ve not seen that happen to date.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Geo-Karis.

Adeline Jay Geo-Karis (R)

Mr. President, Ladies and Gentlemen of the Senate, I think we need more jobs here and I -- I rise in support of this bill. I think it’s a step in the right direction.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? All right, Senator Lauzen, for a second time. Good. Senator Garrett, do you wish to close? Senator Garrett.

Susan Garrett (D)

I would just hope that my colleagues would agree that Illinois needs to do as much as we possibly can to keep our jobs, keep our businesses and become economically competitive not within our own State, but certainly with our border states. Thank you very much.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Question is, shall Senate Bill 133 pass. Those in favor will vote Aye. Those opposed will vote Nay. 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, the Ayes are 52, the Nays are 2, none voting Present. Senate Bill 133, having received the required constitutional majority, is declared passed. 142. Senator Woolard. Senator Woolard. 142. 152. Senator Link. 168. Senator Cronin. 168. 179. Senator Jacobs. On the Order of Senate Bills 3rd Reading, Senate Bill 179. Madam Secretary, read the bill.

Linda Hawker

Senate Bill 179. (Secretary reads title of bill) 3rd Reading of the bill.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator -- Senator Jacobs.

Denny Jacobs (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 179, as amended, establishes a qualifying 88 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 factor in the enterprise zone that is the rate of unemployment. That’s the way it is now. Then the criteria must count as unemployed any reduction in the number of persons in the labor force in that area over the previous twelve months. It’s limited to counties with a population of a hundred and fifty thousand or less based on the 2000 federal decennial Census. Now, let me indicate why this is necessary in -- in some of the smaller counties. Unlike the larger counties, if someone loses a job, they remain in the area and therefore the jobs are still available. In the smaller counties what happens is, people move out of the county and we want to have some adjustment to that. I know that in committee -- in committee there was a question. Senator Lauzen. Senator Lauzen. Senator Lauzen. Well, okay. I just wanted -- ‘cause you -- you might want to take note of this, that you asked a question in committee which I think we have the answer to and that was what about stay-at-home moms and -- and -- and -- I mean, and students, would this have an effect on them. The answer is no. They currently -- if they’re a stay-at-home mom, they’re not eligible for work. So they’re not on the unemployment rolls anyway. And also, student, basically under the same auspice. So, I just wanted to bring that to your attention.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Senator Lauzen.

Chris Lauzen (R)

Thank you. I -- you know, Senator, thank you, for -- for being sure that I’m paying attention to the debate. I am. I have enormous respect and affection for the sponsor. I do think -- first of all, I applaud what it is that you’re trying to do. I think it’s a good thing. The objective is good, but the means this time to the end is not good. The wording in the bill itself says “any reduction in the number of persons in the labor force”. So that doesn’t -- or, a -- a stay-a-home mom, the example that you used, who remains staying at home, is not an example of any reduction in the number of persons. First of all, a hundred and fifty thousand and under includes all but thirteen counties out of the hundred and two counties in the State of Illinois. So this is a huge impact. It’s a huge bill. To give the folks in the -- in the Chamber here an idea of 89 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 what’s being covered, the -- any reduction in the number of persons in the workforce would include people who retire, persons moving away from the area, mothers who quit work to raise kids, even students leaving summer jobs to return back to school or temporary workers leaving short-term assignments. So, I applaud what you’re trying to do, Senator, but that’s not what your language -- your language is so broad. I was hoping that we’d be able to focus it in the amendment in committee.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? If not, Senator Jacobs may close.

Denny Jacobs (D)

Yeah. Let me just close by saying ‘cause -- and I agree with you, Senator. I think the hundred and fifty thousand figure that we pulled out may be too high for the counties, hundred and fifty thousand or lower. I’m willing to work on that in the House and get it down to the intent that we were looking at. But in regards to the unemployment and your comments in regard to that, and the only reason I was trying to get your attention was because I knew it was a question you had asked. And on line 11, on page 2, “Any criteria established by the Department or by law which utilize the rate of employment {sic} for a particular area shall provide that all persons who are not presently employed and have exhausted all unemployment benefits shall be considered unemployed…” When you go to their rules themself {sic}, benefits are not paid for any period in which one is vacationing, attending school, who -- attending a training course approved by -- excuse me, or engaging in any other activity which makes you unavailable for work. That includes stay-at-home moms, and I just ask for an Aye vote.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 179 pass. Those in favor will vote Aye. Those opposed will 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, the Ayes are 51, the Nays are 3, none voting Present. Senate Bill 179, having received the required constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill 185. Mr. Secretary, read the bill. 90 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

ACTING SECRETARY HARRY

Senate Bill 185. (Secretary reads title of bill) 3rd Reading of the bill.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Walsh.

Lawrence M. Walsh (D)

Well, thank you very much, Mr. President and Ladies and Gentlemen of the Senate. First off, if I may, Mr. President, ask for a point of personal privilege.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) So what is -- what is your point?

Lawrence M. Walsh (D)

Point of introduction. With us today has been a -- a group of individuals sitting up in the President’s Gallery patiently waiting for this piece of legislation to come forward. The second- and third-grade class of Cunningham School in District 86 in Joliet and their teacher, Fran Hollister, their Principal, Nanette Ochs, and Dr. Phyllis Wilson, who is the Superintendent of District 86, has quietly and very well behaving sat for two and a half hours while we’ve been debating these issues, and I would like to have them welcomed to the Illinois Senate.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Will our guests in the Presidential Gallery please rise and be welcomed to the Senate? Welcome. Senator Walsh, would you assure the Chair that they haven’t been sitting up there eating popcorn during that period of time? I can’t see them.

Lawrence M. Walsh (D)

Well, we were going to have popcorn here, but we didn’t know whether we were going to get to this bill today or not. But we are very, very thankful, and I thank the Chair for moving things along to do that. Ladies and Gentlemen, Senate Bill 185 basically amends the State Designation Act to designate popcorn as the official State snack food for the State of Illinois. This is a -- this is an issue -- Senator -- Senator Haine has some if he wants to share some with everybody. This -- this is an issue that was brought to me early in the fall of last year when school started. Ms. -- Ms. Hollister, the teacher of this class, had made a decision that she wanted her children to learn 91 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 and to take an active role in doing something that meant something, that was important to them, to do -- get involved in the process. And what she did was, doing Internet study, had gone through and started to see where different states throughout the country had designated different things such as state drinks, state desserts - Boston cream pie is the state dessert for Massachusetts - state nuts. So, we don’t want to go there. We don’t want to go there, but there -- there are some states that have designated state nuts and -- as a food item - as a food item - not as a person. So, in the long run, what this has done - and I commend her so much for what she has done - that she brought this issue to me and she set forth and had these children, on a daily basis, on a weekly basis, to work on their computers and do their homework and learn all about different states and what they have done for state designations. And not only did they learn about popcorn, but they learned so much more in regards to geography, using the Internet, and the understanding of how things have -- were -- were accomplished in other states, what proceeded that allowed individuals or groups to bring those suggested designations to -- to become law. So, she brought this issue to me. We had a -- we had a class program back here in January that I attended the school, and this wonderful class of twenty-five or so second and third graders - second and third graders - put on a program to inform me of what they learned and how important popcorn was for the State of Illinois. Popcorn is grown right here in the State of Illinois. And it -- Illinois is the third-largest producer of popcorn, behind the State of Indiana and Nebraska. And she had did -- she has done such a tremendous job of having these children prepared to ask me some very good questions, to present me with very intellectual testimony on things that they have learned. I know that there are issues that are very important to State government facing this Body today, issues that whether we will find a solution for them or not is yet to be seen, issues that have been before this Body for a number of years that we are still continuing to work on to try and come up with a solution. But this is a very important issue to this young class of twenty-five or thirty second and third graders in Cunningham School. And I commend them and compliment them on 92 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 the hard work and the dedication that they have put forth to bring this issue to me. And I followed through and -- and Fran Hollister and -- and the Principal, Ms. Ochs, brought this down to committee and it was approved in committee by a unanimous vote. I ask for your concurrence in -- in designating popcorn as a State snack for -- for the State of Illinois, and I’ll answer any questions.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Risinger.

Dale E. Risinger (R)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I do want to commend students of Cunningham School for the work and being involved, and also the teacher. I do think that popcorn is a -- a great snack food for -- and -- and should be the snack food for this great agriculture State. It did pass out of committee unanimously and I want to urge everyone on this side of the aisle to vote for it.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Ladies and Gentlemen, further discussion? There are a number of speakers, so keep that in mind. Senator Jones. Wendell Jones. The good-looking Jones.

John O. Jones (R)

Will the sponsor yield? The good-looking Jones. Thank you very much.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he will yield. Senator Jones.

John O. Jones (R)

Yes, as one of the three Joneses that are not a part of any state designation, I -- I would like to rise in favor of this bill. I was down in Florida recently and people were sitting around a pond and they were throwing popcorn into the pond, and the fish were entertaining themselves coming up to eat it. And I would just like to suggest to the young people when you go back home, you might want to have the State snack be fed to the State fish. Thank you.

Deanna Demuzio (D)

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

Rickey R. Hendon (D)

93 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Thank you, Mr. President. I just want to say to my great colleague, Senator Walsh, this is by far the most compassionate speech he’s ever made on the Senate Floor. I’m just trying to figure out what’s next. I’m trying to figure out what is he running for, first of all, but now it’s getting to be quite obvious. I was just wondering is -- next he’ll have Pabst Blue Ribbon as the State beverage, or -- I’m trying to figure out what’s wrong with Cheetos or -- or Cheez Whiz or -- or -- or Doritos. They’re made out of corn also. But to the young, people it’s a great civic lesson. Keep up the great work. And the two months I spent down in Joliet electing you, now I know why I did it, and doggone it, I’m glad I did.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator John Jones.

John O. Jones (R)

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

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Jones.

John O. Jones (R)

Well, Senator Walsh, you did make a -- a very eloquent speech in -- in your presentation of the bill, but I do have a couple of questions of you. First off, I would like to ask you if you conferred with Senator Woolard on this bill and -- and I would wonder why that he is not a cosponsor of the bill because the popcorn capital in the State of Illinois is in Senator Woolard’s district, Ridgway, Illinois. So did you confer with - - with Senator Woolard?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Walsh.

Lawrence M. Walsh (D)

Thank you, Senator. Yes, I did, and, in fact, Senator Woolard, is so gracious to -- if this bill becomes law, has invited me - and maybe we’ll even bring the whole class down - they have an annual popcorn day celebration sometime in the fall. And if this bill becomes law, we will attend.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Jones.

John O. Jones (R)

94 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 I can assure you that -- that there is such a day in Ridgway, and it is -- is gigantic. It is a big parade and -- and an all-day celebration, and the children will be more than welcome. Thank you.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? The last speaker, Senator Geo-Karis.

Adeline Jay Geo-Karis (R)

Mr. President, Ladies and Gentlemen of the Senate, I’m glad to hear the Senator describe this. You know, we’ve spent twenty minutes on it and we all like popcorn, and you know you’ll see it prominently displayed here in this house as we go on and on, ‘cause we’ll never finish. But I move previous question.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Thank you very much. That -- Senator Geo- Karis, you were, in fact, the last speaker. Senator Walsh, to close.

Lawrence M. Walsh (D)

Thank you, Mr. President. To my colleagues: This is a very, very important issue. When I walked into that room and -- and watched these young men and women explain to me what they did to make this presentation to me, I could see the twinkle in the eye, the anticipation on their faces of what they were beginning and I could see the hard work that their -- that their teacher and staff had put into all of the homework and in going through the Internet, finding out all this information. It’s a great learning experience. This is something I hope that these young people will remember for the rest of their lives; that just in a matter of less than eight to ten years, these young people will be our next generation and they can really say that when they were in second and third grade, that they took part in the process of -- of State government. And I ask for an Aye vote.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 185 pass. Those in favor will vote Aye. The opposed will vote Nay. The voting is open. Have all voted who wish? Oh, my. 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, the Ayes 95 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 are 56, the Nays are none, none voting Present. Senate Bill 185, having received the required constitutional majority, is declared passed. All right. Senate Bills 3rd Reading. Senate Bill 186. Senator Jacobs. Senator Jacobs. 186. 200. Senator Watson. Top of page 24. 211. Senator Clayborne. On the Order of Senate Bills 3rd Reading is -- top of page 24, is Senate Bill 211. Senator Clayborne seeks leave of the Body to return Senate Bill 211 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted. On the Order of Senate Bills 2nd Reading is Senate Bill 211, Madam -- Mr. Secretary. Are there any amendments?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Clayborne.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. President and Members of the Senate. Senate Bill -- Senate Amendment 2 to Senate Bill 211 basically addresses some of the concerns that the collection agencies have with regards to the check diversion program that the State’s Attorneys can contract out. It basically requires that the private entity conducting the bad -- I can’t hear, Mr. -- Mr. -- Mr. President.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Clayborne cannot hear to read. Please. Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you, Mr. President. I appreciate you, too. Senate - - Senate Amendment 2 to Senate Bill 211 requires that a private entity conducting the bad check program maintain general liability insurance of a million dollars, that they also develop a trust account for those monies that they collect, and that also if the -- the State’s Attorney has the ability to terminate the contract if the entity is convicted of a felony or misdemeanor based upon dishonesty or that the State’s Attorney has determined that the entity has engaged in prohibited behavior, including consumer harassment, threatening phone calls, et cetera. This -- it also provides that information obtained by the private entity pursuant to the contract is 96 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 confidential. It allows the offender to submit a grievance to the State’s Attorney in accordance with procedures established by the State’s Attorney. That’s it, Mr. President.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Clayborne has moved the adoption of Floor Amendment No. 2 to Senate Bill 211. Is there discussion? If not, all in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Amendment No. 2 is adopted. Further Floor amendments?

ACTING SECRETARY HARRY

No further amendments reported, Mr. President.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. Senate Bill 212. Senator Clayborne. On the Order of Senate Bills 3rd Reading, Senate Bill 212. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 212. (Secretary reads title of bill) 3rd Reading of the bill.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Clayborne.

James F. Clayborne Jr. (D)

Yes, Mr. President. This is a bill that has come up and usually the Senate sponsor is my friend on the other side, Frank Watson, and this just extends the quick-take powers for the Southwestern Illinois Development Authority from August 2003, August 30th to -- to August 30th, 2005. I would ask for your favorable vote.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall Senate Bill -- all right. There is discussion. Senator Petka.

Edward Petka (R)

Thank you very much, Mr. President. Will the sponsor yield for a series of questions?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Petka.

Edward Petka (R)

Thank you. Senator, in reading the analysis of this bill and also in discussion we had in Executive Committee, is there 97 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 any attempt to -- by this legislation, to take property which is now in the hands of private individuals and turn it over to other individuals who are nongovernment?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Clayborne.

James F. Clayborne Jr. (D)

Senator -- Senator Petka, there may be one or two projects that do fit that description.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Petka.

Edward Petka (R)

So just to be clear, this is not a government taking property for a public purpose; this is a government that is going to be taking -- property to turn over to a private citizen, whether that be a developer or a -- a series of developers. Is that correct?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Clayborne.

James F. Clayborne Jr. (D)

That is correct; however, the projects that are designated are currently blighted pieces of property that will be used to further add to the housing stock in East St. Louis. So we -- we consider the fact that that is for a public purpose even though there’s a private entity that is developing that particular property.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Petka.

Edward Petka (R)

Thank you. Senator, there is another form of eminent domain that generally does not involve action that -- by this General Assembly for quick-take. Why is -- has it been necessary for you to seek quick-take, which is a very draconian procedure where title is passed from the property immediately as opposed to having the authority simply go ahead and file eminent domain action without the authorization from the General Assembly?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Clayborne.

James F. Clayborne Jr. (D)

98 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senator Petka, this -- this was developed back in, I guess, 1995, maybe, and it has worked well in our area and we’ve continued to use it. And one of the things of significance that I would say, that SWIDA independently cannot exercise quick-take authority unless they get permission from the local government or municipality.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Petka.

Edward Petka (R)

I understand that, Senator, but isn’t it true that this unit of government can exercise eminent domain without resorting to quick-take?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Clayborne.

James F. Clayborne Jr. (D)

I’m not sure if they can. I’m sure the municipalities can, but I’m not sure if SWIDA can.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Petka.

Edward Petka (R)

Then to the bill: We’ve had ideas like this before the General Assembly in -- in previous years. If there is a flaw in the type of legislation which we have before us, it is that it contravenes, in a very direct way, what our founding fathers envisioned in terms of the -- the relationship between government and the people that are subjected to government. What government is doing here is making a choice by simply taking property away from those who own it by force, by the use of a process known as quick-take or eminent domain, and picking out who are the favorites, the favorite sons. And they -- and there’s another group of individuals who will then have the property transferred to them. There may be a very valid, there may be a very humane purpose behind it, but the very fact of the matter is that what we’re doing is precisely what the founding fathers and -- and generations that followed them who believe in the legacy of freedom know all too well, and that is that government should not be involved in taking people’s property for the benefit of other people. That’s not a public purpose; that is the government making a decision about who are the good 99 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 guys and who are not -- the not so good guys. Government should not be in the business of taking people’s property by force and then selling it at a profit. The -- this simply is a -- is wrong. The Supreme Court of this State in this -- with this -- the very government agency that seeks authorization found that the use of their power in taking property from one private entity and giving it to another entity violated the Illinois Constitution. For this and -- and -- and simply the fact that they have available to them eminent domain powers, we should beat this legislation.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Wendell Jones.

John O. Jones (R)

Yes. Will the sponsor yield?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Wendell Jones.

John O. Jones (R)

Yeah. There -- with all due respect to Senator Petka’s statements, there are conditions in blighted areas where quick- take is used to just speed up eminent domain, if I understand your bill correctly. I have a couple of situations in my hometown, in -- in Palatine, which I would like -- like help with, in quick-take that are in a TIF district. Are either of these -- any of these in a TIF or an enterprise zone, Senator Clayborne?

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Clayborne.

James F. Clayborne Jr. (D)

Yes, Senator Jones. They’re both in a -- in -- in an enterprise and TIF.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones. Wendell Jones.

John O. Jones (R)

Yeah. Well, sometimes in a -- in a TIF or an enterprise zone, you get people and they will not -- they will not sell until the very end. And all -- all we’re using the quick-take for here is, when you get to the very end, you can speed up the process of eminent domain. I’m going to be asking for a couple 100 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 of quick-take bills in Palatine, and I rise in strong support of your bill. Thank you.

Deanna Demuzio (D)

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

Rickey R. Hendon (D)

Thank you, Mr. President. And to Senator Jones, I most certainly will be supporting you in Palatine because I think that we all know our districts better than anyone else. Senator Clayborne has a need. He’s explained it very clearly. It does have a good public purpose because this housing is needed, and I rise in strong support of Senator Clayborne and his district. And I ask people from both sides of the aisle to do the same, especially on this side of the aisle. Let’s stick with each other.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Roskam.

Peter J. Roskam (R)

Thank you, Mr. President. Just to echo -- well, to follow up and answer a question that Senator Clayborne didn’t have the answer to. Senator Petka asked whether eminent domain was a tool that is available for SWIDA. Senator Clayborne said he wasn’t sure. The correct answer is yes. It is a tool. I’ve got the Act in my hand and it’s -- it’s not ambiguous at all. So just to echo briefly Senator Petka’s argument, there is a tool that is -- that is restrained, measured and available for SWIDA to use. What -- what is being contemplated here is really a meat-ax approach, with all due respect. And the definition of blighted, we’ve seen the definition of blighted be expanded over the years. You know, TIF, tax increment financing, was originally available for blighted communities, and now we’ve seen that move far beyond the original scope of what was contemplated. And I think the thing that’s most troubling about this is these types of arrangements, these deals, can come to pass as arms-length transactions between private entities. If it’s a good deal, let the private entities negotiate between and -- and among one another, but to -- but to hold the sword over someone characterizing their property as blighted and then saying you’re going to make this deal whether you like it or not, seems like something that, number one, isn’t necessary and, 101 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 number two, is a very aggressive reach of governmental power. I urge a No vote.

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Clayborne may close.

James F. Clayborne Jr. (D)

Thank you, Mr. President. And to -- excuse me, to address Senator Roskam’s concerns. Senator Roskam, I would ask you to come to my district and look at the areas that we are calling blighted, and I’m sure you would realize and you would concur that these areas are blighted. We just had one of the -- largest housing developments probably in the last forty years that did deal with public housing. And there are a hundred and seventy-four units that are just off the highway that’s real nice development. And when we started that process, it was a burnt-out, abandoned homes, buildings and structures, and even through the process, there were people who wanted eighty, ninety thousand dollars for a burnt-out structure. And if it was not for quick-take, we wouldn’t have been able to move forward and develop that area. You know, I do want to clarify and make -- make sure people understand that even in the quick-take process, it’s still a court process where both sides come together and determine -- present evidence before a jury to make a determination -- before a judge to make a determination what the value of the property is. The only difference is that the -- the title is transferred over on a preliminary decision by the judge who sets the value based upon the two sides presenting evidence. But ultimately what happens is, it goes through the court process and it’s -- both sides are given an opportunity to present their case, and ultimately a decision is made and that person is paid. So it’s not like we’re just coming in and taking people’s property. I would urge an -- an Aye vote because it does protect those individuals who are involved in the process. Most of the time you don’t even have to go to quick-take because people are reasonable and people are willing to -- to move things forward. It’s those that believe that their property is -- is worth more than what it is, to speed up the process, and to do the right thing and to bring development - in this particular case, housing - to a blighted area. Thank you. 102 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Deanna Demuzio (D)

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall Senate Bill 212 pass. Those in favor will vote Aye. Those opposed will vote Nay. 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, the Ayes are 31, the Nays are 20, 3 voting Present. Senate Bill 212, having received the required constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill 216. Senator Clayborne. Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 216. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne.

James F. Clayborne Jr. (D)

Thank you. This is also a quick—take bill, but maybe my colleagues on the other side will feel a little more comfortable. This is a governmental agency and this is being taken for purposes of -- governmental purposes. What -- what we’re doing -- Bi-State Development Authority is similar to CTA in Chicago, and we funded an extension of what we call our MetroLink. And basically what they’re doing at the MetroLink sites, we’re trying to develop economic development. So what they’re doing is they’re -- they’re taking land and as -- for development purposes, as well as just -- as well as just the need to extend the -- the rail. But one of the things that they’re doing is they’re taking land and they’re going to put development on it, but they’re going to lease out -- Bi-State will lease out the development of that -- of that property, or that site. But this is for the extension of our MetroLink.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Roskam.

Peter J. Roskam (R)

Thank you, Mr. President. To the bill -- well, will -- will the sponsor yield for a brief question for explanation?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) He indicates he’ll yield. 103 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Peter J. Roskam (R)

Senator Clayborne, I think this is a different bill entirely, and a -- an idea that we’re a lot more comfortable with. Just for the benefit of the Membership, can you explain the limitations on the -- the definition of economic development. You’re not talking about shopping centers and malls and all kinds of stuff. You’re talking about economic development actually on the Metro Rail Link properties. Isn’t that right?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne.

James F. Clayborne Jr. (D)

That -- that’s correct. What -- what they’ve done at one of the sites in East St. Louis, they’ve taken enough property to do a fifty-thousand-square-foot pad that they will -- working with the -- the municipality to put some kind of building on that structure, and they’ll lease it out to the different businesses.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

James F. Clayborne Jr. (D)

But it’s still owned by Bi-State.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

Peter J. Roskam (R)

I thank the sponsor for his answers, and I’d urge an Aye vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Petka.

Edward Petka (R)

Thank you very much, Mr. President. To the bill: The -- the difference between the preceding bill and this bill is really the difference between a good bill and a bill that’s not so good. I’m not going to re-debate the -- the last bill, but in this bill we are -- talking about a valid public purpose, the public purpose being a transportation system. We’re not talking about taking anybody’s property and transferring it to another private entity. And this is exactly the -- the type of situation that is -- is what the framers had in mind in the 104 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Fifth Amendment of -- the Bill of Rights, that property should be taken for a public purpose as opposed to a private purpose. Because of that and because of the fact that generally time is of the essence in the -- in the construction of these lines, it makes this a good bill. And whether or not -- and as Senator Clayborne has pointed out before, the quick-take process still involves a court proceeding, but the title passes very quickly in quick-take as opposed to your regular eminent domain. In this instance, it is probably necessary to do that. That’s why it’s a good bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

Chris Lauzen (R)

Just two quick questions for the…

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Sponsor indicates he’ll yield, Senator.

Chris Lauzen (R)

First of all, who owns the property now that’s going to be quickly taken?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne.

James F. Clayborne Jr. (D)

I assume farmers or -- I -- I don’t know. It -- a lot of it’s farmland, but I assume the farmers own it, Senator.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

Chris Lauzen (R)

Okay. So, it’s private -- private property that’s going to be taken. And then number two is, has MetroLink established their competence in doing, now, real estate development…

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator…

Chris Lauzen (R)

…in your area? Do the folks there feel comfortable that they’re competent to run that business adequately?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne.

James F. Clayborne Jr. (D)

105 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Chris, pretty much what they’re doing, I -- I think, and they’re not really running businesses. They’re really merely providing the land or the commercial pad where businesses can be developed. They’re just leasing that land out to help -- to help them -- assist them in paying for some of their cost instead of increasing the -- the -- the cost on the taxpayers for rider -- for the ridership.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

Chris Lauzen (R)

So, they will be in the business of real estate management or ownership. And will they have an advantage of different types of property tax exemptions that perhaps other developers don’t have?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne.

James F. Clayborne Jr. (D)

I’m not sure about that, Senator. Not sure.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne, to close.

James F. Clayborne Jr. (D)

I -- I just ask -- ask for a favorable vote. I appreciate Senator Roskam and Senator Petka’s comments. Thank you.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall Senate Bill 216 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 Members voting Aye, 6 voting Nay, none voting Present. Senate Bill 216, having received the required constitutional majority, is declared passed. Senate Bill 226. Senator Cronin. Senate Bill 227. Senator Link. Senate Bill 229. Senator Link. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 229. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Link. 106 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Terry Link (D)

Thank you, Mr. President. Basically what this bill does is create a State Library Fund to allow monies received by the State Library from certain sources to be deposited in a fund and used to increase collections of books, records, and holdings; to -- public forums; to purchase equipment and resource materials for the State Library. This is basically, as we checked with other public -- other public libraries, such as in Aurora, Waukegan, Rockford and Carbondale - we checked around - this is the same way they do with their monies that they collect from photocopying costs and fees that they -- use. They take this money and reimburse -- and repurchase books that they would be using in -- such as lost books, in their library. Be more than happy to answer any questions.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

Steven J. Rauschenberger (R)

Thank you, Mr. President. Couple questions of the sponsor.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The sponsor indicates he will yield.

Steven J. Rauschenberger (R)

Senator Link, could you tell us currently what the Secretary of State’s Office -- or, the State Librarian does with late fees or fees to cover the replacement of damaged goods or other fees that they currently collect? What -- what happens to that money under current law?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Terry Link (D)

It is turned into the General Revenue Fund.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

Steven J. Rauschenberger (R)

So, in effect, what we’re doing is creating one of those five hundred or so funds that the Governor railed against -- the incoming Governor railed against and said that he wanted to consolidate and eliminate. We’re giving Jesse White, Secretary of State’s Office, as our chief librarian, a special fund. And we won’t call it a slush fund, ‘cause, I mean, obviously he’s 107 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 going to use it for good purposes. But we’re giving him a special fund, nonappropriated, off the books. Kind of like the university income fund that people talked about getting rid of. We’re giving him a special fund that he can spend without appropriation.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Terry Link (D)

No. Basically what this is doing, Senator, is that this is money that we do like a public library, such as in your area, like a little south of you in Aurora, in areas like -- or in Elgin, what they do at their public libraries. If somebody should damage a book or lose a book and it costs twenty-five dollars to replace that book, what they would do is they would pay that twenty-five dollars. The library then would replace that book and put it back on the shelf. What we would have to do right now if someone lost or -- you know, stole a book or damaged a book, that money would be then turned into General Revenue Fund. If we had money in the appropriations to take that money, then they would be allowed to buy that book in this. Essence of what we’re doing is money that’s already appropriated into that budget we would be then using again. So it would be no additional appropriations. It would be no special fund. It would be just a continuation of the money that they’ve already been appropriated.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

Steven J. Rauschenberger (R)

Thank you, Senator Link, in a roundabout way, for answering my question. Yes, we would be setting aside money in a fund so that the Secretary of State would not have to seek appropriation authority to spend money. And the purposes you’re giving him to spend that money are more than the replacement of books, aren’t they? Maintenance of buildings? What else are they -- what are the other purposes permitted under the -- for the use of the funds?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Terry Link (D)

108 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 No. No way did I say about maintenance of buildings in there and stuff like this. What I said is, the funds would be used, basically -- monies that would be used -- to repairs -- I’m sorry. It is for maintenance -- of library buildings, that would be use of monies that would be indicated that they would be done. But all these funds are subject to appropriations. These monies have already been appropriated. They would be used. We would still have the final say-so on all this money. The money is there. All it is, is that they would be using this money -- for their -- to move along in the process.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator -- Senator Rauschenberger.

Steven J. Rauschenberger (R)

Yeah. I apologize to the sponsor. I don’t mean to quibble, but if you served on Appropriations as long as I have, there is a big difference between a General Fund’s resource, which this General Assembly can choose to expand child care, can use for the earned income tax credit, can use for a high school reading grant program, make a decision, and a special purpose fund set up that only the Secretary of State can access in his role as chief librarian. You are, in fact, whether you intend to or not, depriving the General Revenue Fund of resources, setting it aside in a special-purpose fund, the kind of things that the Governor was concerned about. Now, you know, I like Jesse White as many -- as much as many other people here do, but just keep in mind you’re doing exactly the opposite of what the Governor’s talking about doing. You are reducing the appropriation oversight and you’re reducing the resources -- this General Assembly will have when it makes its budgetary decisions. But I don’t mean to quibble with you on that point, but there is a difference between the General Fund and a dedicated special fund; otherwise, Secretary of State White wouldn’t have asked you to do this. Good luck.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Link, to close.

Terry Link (D)

I would just ask for an affirmative vote. Thank you.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 109 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 The question is, shall Senate Bill 229 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 39 Members voting Yes, 17 voting No, and no Members voting Present. Senate Bill 229, having received the required constitutional majority, is declared passed. Senate Bill 232. Senator Trotter, do you wish to proceed? Senator Trotter seeks leave of the Body to return Senate Bill 232 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 232. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Risinger.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Risinger. Floor Amendment No. 1.

Dale E. Risinger (R)

That -- that bill has been changed since I entered that amendment, and I’d like to withdraw the amendment.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senate -- Senator Risinger moves to table Senate Amendment No. 1. All in favor, signify by saying Aye. Opposed, No. The Ayes have it. The amendment is tabled. There any further Floor amendments?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Trotter.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Trotter, on Floor Amendment No. 2.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Chamber. In the spirit of bipartisanship that Senator Righter {sic} just removed his amendment, and my amendment just makes the bill a vehicle. So with that, I would like to see it passed.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. 3rd Reading. Senate Bill 233. Senator Trotter. Senator -- 268. Senator Jacobs. Read the bill, Mr. Secretary. It’s on Recall. Senator Jacobs seeks leave of the Body to return Senate 110 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Bill 268 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 268. Mr. Secretary, are there any Floor amendments?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Jacobs.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Denny Jacobs (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Amendment 2 was brought about by IEPA and the IDOT. It allows for clean construction and demolition waste to continue to be used for above-grade fill under certain -- circumstances. This was brought about because of all of the Illinois FIRST projects and contactors having trouble finding a place to -- to get rid of their clean waste, and this allows them to do that.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 272. Senator Walsh, do you wish to proceed? Senator Walsh seeks leave of the Body to return Senate Bill 272 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 272. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Walsh.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh.

Lawrence M. Walsh (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Basically what the amendment does is to make it perfectly clear that -- adds the language that the rail carrier is responsible for the cost of the installation and maintenance of required temporary stop signs at rail intersections.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 111 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Is there any discussion? If not, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No -- further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 274. Senator Cullerton. Senate Bill 275. Senator Cullerton. Senate Bill 281. Senator Haine. Senate Bill 317. Senator Haine. Senate Bill 318. Senator Shadid. Senate Bill 328. Senator Link. Senate Bill 330. Senator Link. Read the bill, Mr. Secretary. Senator Link seeks leave of the Body to return Senate Bill 328 {sic} to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 330. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Link.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Terry Link (D)

Basically what the amendment was, was a technical correction to clarify what the intent of the bill was.

Patrick Welch (D)

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

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 332. Senator DeLeo. Senator DeLeo seeks leave of the Body to return Senate Bill 332 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 332. Mr. Secretary, are there any Floor amendments?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator DeLeo.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 112 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senator DeLeo. SENATOR DeLEO: Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. It’s very simple. This extends the sunset date for the Certified Shorthand Reporters Act. It’s currently 1/1/4 it expires. This moves it to 1/1/14. I ask for its adoption.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? All those in favor will signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 354. Senator Peterson. Senator Peterson seeks leave of the Body to return Senate Bill 354 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 354. Mr. Secretary, are there any Floor amendments?

ACTING SECRETARY HARRY

Floor Amendment No. 2, offered by Senator Peterson.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Peterson.

William E. Peterson (R)

Thank you, Mr. President. This is just to put in title protection. And it reads, “No person shall hold himself or herself out as a registered surgical assistant or registered surgical technologist without being so registered by the Department.” And that refers to Department of Professional Regulation. Ask for adoption of the amendment.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 113 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. Senate Bill 363. Senator Roskam. Senate Bill 368. Senator Shadid. Senate Bill 372. Senator Hunter. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 372. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Hunter.

Mattie Hunter (D)

Good afternoon, Mr. President and Ladies and Gentlemen. Hello. Good afternoon, Mr. -- Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 372 amends the driving -- the Driver Education Act of the School Code Act {sic} and the State Mandates Act regarding classroom instruction. It also requires driver education courses to provide at least thirty minutes of classroom instruction relating to organ, tissue and blood -- blood donation and organ, tissue and blood donation procedures. This legislation seeks to increase the number of organ, tissue and blood donors. A student is not required to participate in his or her -- to participate in his or her -- if his or her parents or guardian objects. The proponents are the IFT, Secretary of State, American Red Cross. There is a -- a opponent, which is the Illinois Statewide School Management Alliance. However, they do not oppose to the concept of the bill, but they do oppose to -- to the requirement of the thirty minutes in classroom instruction.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Cronin.

Dan Cronin (R)

Thank you, Mr. President. If I may, to the bill: I, again, understand Senator Hunter’s objectives here, and they’re honorable, but here we go again. The kids in school have a hard enough time learning the basic tools that they need to get through the day: reading, writing, mathematics. In the last couple of days -- today alone we passed a mandate -- or, I think we debated it, we will pass shortly that teacher’s must teach, whether they want to or not, a program on Asian Pacific culture, no doubt an honorable endeavor, an honorable course of study, 114 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 but they got to teach it. Now the schools must teach organ donation. Senator Hendon had a bill - well-intentioned - they must teach to kids at risk about prisons. I just got to tell you that this is a very dangerous path that we go down from time to time. At a time when the schools have so few resources and they have a monumental task to learn how to read and write and perform and make their way in the world, this is just a bad idea. Please vote No.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.

J. Bradley Burzynski (R)

Thank you, Mr. President. Will the sponsor yield for a question?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) She indicates she will yield, Senator Burzynski.

J. Bradley Burzynski (R)

First of all, I -- I would have voted No on this had I been in committee at the time. I think I was out presenting my own legislation. But my analysis says that currently regional superintendents of schools provide curriculum to schools for the purpose of teaching students about their options of organ and tissue donation. Is there a problem with the law that we already have?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Hunter.

Mattie Hunter (D)

I’m not aware of what you’ve just indicated, sir.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.

J. Bradley Burzynski (R)

Well, it -- it’s -- it’s my understanding there’s already a statute on the books that allows schools -- doesn’t mandate it. It allows them to do it. But I would also suggest that perhaps health classes also probably already teach about organ and tissue donation and the importance of it. And it seems to me like this bill is -- is really requiring driver’s ed to go above and beyond. Now, I realize that when kids sign up for their driver’s licenses, it gives them the opportunity, at that time, to sign for organ or tissue donation, but I also understand that 115 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 their parents also have to sign off on that, as well. But it seems to me like we’re being a little redundant here with this bill, and I’m also concerned -- again, we -- we debated a bill the other day that requires more behind-the-wheel driving for students, as well, moving that from three hours to six hours. And now we’re placing another mandate, which perhaps would be better served teaching about driver’s education. So I just would encourage a No vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Chamber. I rise in strong support of this legislation. As we know with the Secretary of State’s program, which was started under George Ryan, that when you combined the -- the driver’s ed and driver’s facilities and allowing individuals to put on their license that they wanted to be participants in the organ donation program, that when that happened, many people that were very not aware of -- of the program itself signed up. We know that many of the fatalities that happen -- vehicle fatalities that happen, individuals die. The families are not aware of what the desires of their children are or desires of their loved ones, family members, are. But because we’ve allowed them to be educated that this is something that they would want to do, to help others to live a good healthy life, we’ve done that. Starting this program in our schools is -- is a great start to make these individuals a -- a partner with all of us in trying to do the very best for others even after we’re gone. So I think this is a very good program. I commend the Senator for bringing it forward, and ask everyone to vote Aye.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Hunter, to close.

Mattie Hunter (D)

I ask that -- that I’m given an Aye vote on this bill. Thank you.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall Senate Bill 372 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all 116 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 voted who wish? Take the record. On that question, there are 33 Members voting Aye, 22 voting Nay, and 1 Member voting Present. Senate Bill 372, having received the required constitutional majority, is declared passed. Senate Bill 376. Senator Hunter. 376? Senate Bill 377. Senator Hunter. Senate Bill 405. Senator Schoenberg. 405. 409. Senator Jacobs. Senate Bill 424. Senator Lightford. Senate Bill 425. Senator Haine. Senate Bill 427. Senator Haine. Senate Bill 461. Senator Trotter. Senator Trotter seeks leave of the Body to return Senate Bill 461 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 461. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Trotter.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. Senate Amendment No. 1 retains the underlying bill. It makes basically technical changes. Requires contractors covered by this Act to maintain records to show that no State funds were used to deter union activities. Also allows any taxpayer, employees or employee representatives to file a complaint with the Illinois Attorney General if they believe a violation of this Act has been covered. And again, it’s just some clarifying language that we’ve added to the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? All those -- if not, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 466. Senator Garrett. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 466. 117 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Susan Garrett (D)

Thank you, Mr. President, Ladies and Gentlemen. Senate Bill 466 amends the Property Tax Code. Includes disabled persons within the provisions granting an assessment freeze homestead exemption to senior citizens. Changes the name to the Senior Citizens and Disabled Persons Assessment Freeze Homestead Exemption. Makes corresponding changes to a cross-reference to the exemption. Be happy to answer any questions.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, the question is, shall Senate Bill 466 pass. All those in favor will vote Aye. Senator, please turn on your light. Senator Lauzen.

Chris Lauzen (R)

Thank you, Mr. President. Trying to turn to that point in the notes. Senator, can you tell us what the criteria is for being considered, in this bill, disabled?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Susan Garrett (D)

Yes, Senator. You would have to be deemed officially disabled by the State and also you would have to have an income of forty thousand dollars or less a year.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen, turn on your light switch. Senator Lauzen.

Chris Lauzen (R)

Thank you very much, Mr. President. How many people in Illinois will this affect?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Susan Garrett (D)

Based on the figures that we’ve received from several sources, the number of disabled persons - and this is really a very conservative estimate - is about three hundred thousand. But out of the three hundred thousand, they’re saying that five 118 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 percent, or seventeen thousand of those, would be homeowners. And that is a very conservative estimate.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

Chris Lauzen (R)

Senator, this may be, you know, the right thing for us to be doing, but how will the local school districts and local governments make up that amount that shifted from one group to another group? Who will make up that difference?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Susan Garrett (D)

Senator, first of all, let me just state that this is a minor increase. To the six thousand taxing districts in the State it would be about five thousand per district. So -- and that is -- I’d be happy to show you the arithmetic on that. And it’s like anything else. Just as we did with the Senior Citizen Homestead Exemption Act, the additional dollars would be spread to other taxpayers. But can I also continue on this line? This is something that will affect, you know, possibly seventeen thousand and surely probably closer to ten thousand. And there may not even be any fiscal impact to these districts just because of -- the value of these homes may not go up in any dramatic sense. But, also, by not doing something like this, we -- by doing this, actually, we would be saving the State money, because as you know, many people who are disabled are being forced out of their homes. And so where would they go? They would go to nursing homes at a cost of about a hundred thousand dollars a year or else they would go to State-supported group homes at about forty to fifty thousand dollars a year.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

Chris Lauzen (R)

Excuse me, Senator, but did you just say that nursing homes cost a hundred thousand dollars -- a hundred thousand dollars a year? One, I guess. And then number two, just -- just so that we don’t minimize it by spreading it across a hundred and two different counties in the State of Illinois, even using your estimates that you mentioned you feel are conservative, five 119 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 percent times three hundred thousand is fifteen thousand times an average tax bill of about three thousand. That’s about a forty-five-million-dollar shift from one group to another group.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Susan Garrett (D)

Senator Lauzen, let me remind you that I said that the total number of disabled persons - individuals - is about three hundred thousand, but the number of disabled persons who own homes - homeowners - and that’s what we’re talking about, is seventeen thousand. And that is extremely conservative. My guess, it’s between eight and ten thousand.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

Chris Lauzen (R)

I -- I used a number below your number. I used fifteen thousand, rather than seventeen thousand, to be generous in the conversation. And then fifteen thousand times a three thousand tax bill per person is about forty-five million dollars. There’s a shift. Would you disagree with that?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Susan Garrett (D)

It’s not the tax bill. It’s the property tax assessment, and I think it’s a lot lower, and -- and that’s been proven. So I don’t really know if you’re looking at the whole bill or just the property tax assessment, which would not -- the property taxes would stay in place, but the assessments are frozen at the lowest base year, which is when this application is accepted.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Rickey R. Hendon (D)

Thank you, Mr. President. I wanted to commend you on your patience. And I did want to point out to my colleagues on the other side of the aisle that, you know, we’ve been debating these bills. I know it’s an adjustment being in the Minority Party, but we’ve been debating these bills. They’ve been getting out of here at fifty-something to nothing, fifty-two to two. And I’d like to just caution my Republican colleagues that 120 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 you don’t want to have such a staunch reputation of being against everything, against the disabled getting a -- a -- a property tax break, against KidCare, against things that -- that -- that really are for the benefit of our people. I rise in strong support of this legislation.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett, to close.

Susan Garrett (D)

I would ask my colleagues to support this. I think it’s -- it’s a -- a great start for our disabled residents in the State. And if we have fifteen thousand families that benefit from this, I think we owe it to them to help them out in any way we can. Thank you.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall Senate Bill 466 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Members voting Aye, none voting Nay, and -- and none voting Present. Senate Bill 466, having received the required constitutional majority, is declared passed. Senator -- Senate Bill 487. Senator Emil Jones. Senate Bill 505. Senator Collins. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 505. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

Jacqueline Y. Collins (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 505 amends the Property Tax Code in relation to the senior citizens homestead exemption. In our State, in order to qualify for the senior homestead exemption, you must live in your residence by January 1st of the year the exemption is granted. We currently do not offer an exemption to those seniors who do not occupy their residence at the beginning of the year. My bill would give seniors who are not occupying their residence on January 1st a pro-rata exemption for the days 121 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 during the calendar year in which they are in residence. This bill unanimously passed out of the Revenue Committee, and I would appreciate an Aye vote. And any questions, I’m open for.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Brady.

Bill Brady (R)

Thank you, Mr. President. I just stand in strong support of this piece of legislation. As the Senator knows, I introduced identical legislation earlier this year. This merely corrects a problem with the statutes in a way that makes it fair for seniors, and I ask all Members to support it.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

Chris Lauzen (R)

Thank you, Mr. President. Just a question, clarifying question, for the sponsor. Can you…

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The sponsor indicates she will yield, Senator.

Chris Lauzen (R)

Can you explain to the Body the mechanics of not having a - - a -- a double counting or a double exemption being taken? We get the pro rata on the new. What happens to the old?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

Jacqueline Y. Collins (D)

Thank you, Senator Lauzen. Because it’s prorated, if you live in your first house maybe for a hundred days, you still receive the prorated for the first hundred days that you are in the old house, and if you move -- if you move and you’re in your house for whatever days it is deducted from the three hundred and sixty-five minus a hundred days from the old house. So it’s all based on the -- what you were -- the rate that you were -- the days you were in the first house in addition to the days in the second house. It’s two separate calculations, but it’s all based on a three-hundred-and-sixty-five-year -- -day year.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins, to close.

Jacqueline Y. Collins (D)

122 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Want to thank Senator Brady for his support. And I would like to ask for an affirmative vote on this legislation, because, as we know, our seniors are struggling to live on the Social Security, as well as with the diminishing returns on their pre-retirement investments. I think all seniors would be overjoyed and appreciative of your vote on their behalf. Thank you.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall Senate Bill 505 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, no Members voting Nay, and none voting Present. Senate Bill 505, having received the required constitutional majority, is declared passed. Senate Bill 506. Senator Garrett. Senate Bill 559. Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 559 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 559. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 3, offered by Senator Harmon.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 559, as introduced, had a single purpose. With Amendment No. 1, we thought that we would be able to kill two birds with one bill, but upon refection, as the bill is currently drafted, we don’t believe it can be done. Amendment No. 3 simply returns the bill to its original single purpose.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 123 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 3rd Reading. Senator Sandoval, for what purpose do you rise?

Martin A. Sandoval (D)

Mr. President, thank you. I’d like to have the record reflect I voted Aye on Bill 505, Senate Bill 505. My button was soft on the mark. Thank you.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The record will reflect you wanted to vote Yes on Senate Bill 505.

Martin A. Sandoval (D)

That’s correct. Thank you, Mr. President.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Thank you, Senator. Senate Bill 607. Senator Dillard. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 607. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 607 is an initiative of the Illinois Municipal League. In 1988, as part of sales tax reform, the State of Illinois and municipalities entered into an agreement, and last year we took away from local municipalities their share of the State sales tax that corresponds to photo processing. I think many of you have probably heard from your local mayors or village presidents that are out there squawking a little bit about the loss of the photo processing tax. Well, the President of the Municipal League last year happened to be one of my mayors, and he came to see me and said that while the municipalities agreed in the State’s budget crunch last year to give up their share of the photo processing tax, he was a little surprised to see that when the final bill was drafted that we voted on, that this change was permanent. And a deal in 1988 is a deal, he said. And this would restore the photo processing tax to local government - most importantly, subject to appropriation. This may not be the year that we can afford to 124 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 live up to our commitment from 1988 and give the local governments back their twenty-five million, but this restores the language to the statute from our 1988 deal with our local municipalities. And someday, when the State is cash flush again, we probably will be able to send the photo processing money back to these municipalities, who are also having a hard time in this budget climate, both nationally, statewise and locally. I’d be happy to answer any questions. Again, it’s subject to appropriation. And according to the Municipal League President, the Municipal League never agreed to make it permanent, and this takes care of their concerns.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Rauschenberger.

Steven J. Rauschenberger (R)

Thank you, Mr. President, Ladies and Gentlemen of the…

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Could we have order in the Chamber?

Steven J. Rauschenberger (R)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Despite the fact that this bill has an esteemed and -- and worthy proponent, I would argue that, again, this is one of those actions we ought not to be taking until we see the Governor’s budget. Even though the -- the -- the provision is subject to appropriation, this deal was cut when they restructured how we treated photo processing. The deal ran for fourteen years. Municipalities got the benefit of it for fourteen years. We cleaned up the Code last year and restored it. We took this anomaly out of the sales tax sharing. We’re still confronted with extraordinary times, worse by fifty percent than they were when we took away this photo processing, little juice piece. I would remind the Members of the General Assembly that no part of Illinois government has a larger proportion in surplus than the municipalities of the State of Illinois. In fact, the Comptroller’s last report shows that they carry almost fifty percent of an annual operating budget year in reserve, on average, across the State of Illinois. I know that nobody -- the universities don’t like to give up a nickel. I know that -- that -- that no municipality ever wants to -- to give back a penny that we’ve ever granted. I know that 125 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 no one ever wants to see a single program diminished, and I can understand why they’re trying to draw the line on restoring what was last year a necessary change. But I would urge the sponsor to consider taking the bill out of the record, and I would urge Members not to support this kind of restructuring or restoration or even holding out the promise to municipalities that they’re going to get restoration at a time when we really have a lot of budget work in front of us. So, with all due respect, I hope the sponsor reconsiders trying to take this bill out.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Dillard, to close.

Kirk W. Dillard (R)

Thank you, Mr. President. A deal’s a deal. And this program’s been around for fourteen years. It’s not a new program, like we’ve seen a lot of “subject to appropriation” over the last few days. And if you want to go home and have a good partnership from Springfield with our local municipalities, I would urge an Aye vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall Senate Bill 607 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 Members voting Yes, 7 voting Nay, and 3 Members voting Present. Senate Bill 607, having received the required constitutional majority, is declared passed. Senate Bill 633. Senator Shadid seeks leave of the Body to return Senate Bill 633 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 633. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Shadid.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

George P. Shadid (D)

Thank you, Mr. President. Senate Amendment No. 1 is a compromise between the sponsor, the proponents, Department of Aging and the Illinois Association of Area Agencies on Aging, and it retains Senate Bill 633, as introduced, and addresses 126 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 issues of concern of the Area Agencies on Aging and the Department in relation to the applications for the grants, the report required under the Act and the composition of the Community Senior Services and Resource Center Advisory Committee created by this Act. Thank you.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Righter.

Dale A. Righter (R)

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

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The sponsor indicates he’ll yield, Senator.

Dale A. Righter (R)

Senator, what are the potential income sources for this grant program?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

George P. Shadid (D)

Some funds are coming from the State Treasurer’s Office from their Linked Deposit Program, and the State Treasurer has consented to the use of such funds for the grant program.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

Dale A. Righter (R)

Thank you. Are there funds potentially available from the Attorney General’s Office also?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

George P. Shadid (D)

Yes. Yes, sir. And one source also is the Elderly Victims Fund. That’s the one which you’re talking about, which is under the jurisdiction of the Attorney General.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

Dale A. Righter (R)

Would this piece of legislation allow any appropriations from the General Revenue Fund?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

George P. Shadid (D)

127 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 No.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? If not, all those in favor will signify by saying Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 634. Senator Woolard. Senate Bill 640. Senator Link. Top of the page. Page 26. Senator Demuzio. Senate Bill 698. Senator Silverstein, do you want to call any of your bills? None. Senator Cullerton. Senate Bill 707. Senate Bill 703. Senator Cullerton. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 703. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

John J. Cullerton (D)

Yes. Thank you, Mr. President, Members of the Senate. This bill, as it exists, is a shell. It amends the Governmental Ethics Act. I’d like to pass it to the House and see if we can reach an agreement later on in the Session on bills that may affect the Governmental Ethics Act, and I would ask for an Aye vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Roskam.

Peter J. Roskam (R)

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

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Sponsor indicates he will yield, Senator.

Peter J. Roskam (R)

Senator, I think you just said that this is a -- it’s a shell bill, and it’s going to be limited to the subject matter at hand. Can you give us a preview or sort of what you’re -- is this the -- I think you’ve got a bill on the Calendar that has 128 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 to do -- kind of a gift banned -- gift ban rewrite or something to do with honorariums and so forth. Is that generally where you’re going here?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

John J. Cullerton (D)

Yes, as well as other proposals that have been floating around.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? If not, Senator Cullerton, to close.

John J. Cullerton (D)

I’d ask for an Aye vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall Senate Bill 703 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that bill, there are 6 -- there are 40 Members voting Aye, 6 voting Nay, and 8 Members voting Present. Senate Bill 703, having received the required constitutional majority, is declared passed. With leave of the Body, we will go to page 32. I’m sorry. Page 33. Senate Bill 878. Senator del Valle, do you wish to call that bill? Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 878. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator del Valle. Out of the record, Mr. Secretary. Senate Bill 897. Senator Dillard. Senate Bill 901. Senator Garrett. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 901. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett seeks leave…

Susan Garrett (D)

129 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 We -- we added an amendment today. Technical amendment. So can we return it to 2nd?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett seeks leave of the Body to return Senate Bill 901 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 901. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Garrett.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Susan Garrett (D)

Yes. This was a technical amendment proposed by IDOT, and it really just deleted some language.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor will vote Aye. Opposed, vote Nay. The Ayes have it. Are there any further Floor amendments -- approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 902. Senator Garrett. Senate Bill 908. Senator Jacobs. Senate Bill 916. Senator Walsh. Senate Bill… With leave of the Body, we will move to page 36. Senate Bill 974. Senator Wendell Jones. Read the bill, Mr. Secretary. Senator Wendell Jones seeks leave of the Body to return Senate Bill 974 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 974. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Wendell Jones.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Wendell Jones.

John O. Jones (R)

Yeah. There are -- there are actually a couple of amendments that need to be onto this bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) We will get to them sequentially. 130 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

John O. Jones (R)

Okay. This one adds additional land to the Metropolitan Water Reclamation District to be annexed to -- to the Water Reclamation District, and I would ask for a positive vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 3, offered by Senator Wendell Jones.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Wendell Jones.

John O. Jones (R)

Thank you, Mr. President. This is another area in -- in the Water Reclamation District that is to be annexed. This bill will now have three separate parcels to be annexed to the Water Reclamation District. I’d appreciate a vote. Thank you.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in -- in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. With leave of the Body, we will proceed to page 38 of your Calendar. Senate Bill 1031. Senator Meeks. Senate Bill 1037. Senator Trotter. Senate Bill 1044. Senator Schoenberg. Read the bill, Mr. Secretary. Senator Schoenberg seeks leave of the Body to return Senate Bill 1044 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1044. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Schoenberg.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

131 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 1 simply adds the beginning date for the taxable year ending on December 31st, 2003. It’s a technical amendment. There’s no opposition. I urge its adoption.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1051. Senator Cullerton. Senate Bill 1053. Senator Cullerton. Senate Bill 1054. Senator Dillard. Senate Bill 1056. Senator David Sullivan. Senate Bill 1060. Senator Garrett. Senate Bill 1069. Senator Lauzen. Senate Bill 1079. Senator Martinez. Senate Bill -- 1095. Senator Dave Sullivan. Senate Bill 1098. Senator Jacobs. Senate Bill 1101. Senator Jacobs. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 1101. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Denny Jacobs (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1101 deals with the Simplified Municipal Telecommunication Tax returns. This clarifies that the Department may not require a retailer to furnish information on its return that is not specifically required by law to be reported and is not required to determine the amount of taxes that are due and payable on the return. I know of no opposition and ask for your support.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, the question is, shall Senate Bill 1101 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who 132 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 51 Members voting Aye, none voting Nay, 1 voting Present. Senate Bill 1101, having received the required constitutional majority, is declared passed. Senate Bill 1108. Senator Hendon. Senator Hendon seeks leave of the Body to return Senate Bill 1108 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1108. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Hendon.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Rickey R. Hendon (D)

Thank you, Mr. President. This was a cleanup to make sure this is Chicago only and private property only, and I’d urge support.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Jacobs, on Senator Hendon’s amendment. There being no further -- discussion, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1109. Senator Hendon. Senator Hendon moves -- seeks leave of the Body to return Senate Bill 1109 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1109. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Hendon.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Rickey R. Hendon (D)

Thank you, Mr. President. Amendment No. 2 is a -- a friendly amendment that we’re working with, with the Governor’s Office, to make the elimination of co-pay for the generics and 133 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 to have a co-pay for the brands be two dollars, so the fiscal impact won’t be something that we can’t absorb. And I’d ask for an Aye vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Righter.

Dale A. Righter (R)

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

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The sponsor indicates he will yield, Senator.

Dale A. Righter (R)

Senator Hendon, we discussed this matter a little bit earlier today in committee, and I want to cover a little more of that ground here for the Members who were not present. Can you explain exactly what change the amendment makes from the underlying bill for the Members?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Rickey R. Hendon (D)

Certainly, Senator Righter. The underlying bill had the brand name at one dollar. The -- we decided two dollars would be better, so we raised it back to two dollars.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

Dale A. Righter (R)

Thank you. Senator, we also had a discussion about what the fiscal impact to the Medicaid program might be under this. As you know, as we all here know, we have Medicaid providers who are having extreme difficulties in surviving because they’re not getting paid by the State. What kind of money will -- additional money will this bill pull out of the Medicaid program?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Rickey R. Hendon (D)

Well, Senator Righter, I -- I -- I’m on your side when it comes to paying these bills. In fact, I’m very happy to be a cosponsor of the tobacco securitization bill that’ll be coming up so that we could pay some of these providers. So I’m very sympathetic to that issue. This has really no impact on that. 134 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 There is a fiscal cost. I have too much respect for your intelligence to stand here and act like there isn’t. But the -- the good outweighs the slight cost, which will be about six million dollars. And this will give our senior citizens the opportunity to get their medication and it encourages people to take the generic, which will actually benefit the State fiscally in the long run, instead of them selecting the brand.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

Dale A. Righter (R)

If it’s your hope to move people into the -- the area of choosing generics, which I think you just referenced in, then what about the idea of instead of amending it in the way you have, amending it in a way so that it’s revenue-neutral for the State, so there’s no fiscal impact to the Medicaid program, which is already hurting so badly already, but nevertheless maybe adjust those premiums so maybe there’s a little more encouragement to use the generics? What -- have you considered that? And what about amending it in that way?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Rickey R. Hendon (D)

Well, Senator Righter, I would most certainly be open to work with you on another piece of legislation at another day and time to do exactly what you are recommending, and I’m very open- minded, being a -- a person of bipartisan nature, a person who is not caught up on Democrat or Republican. So, certainly, you and I could go to lunch or dinner, especially if you’re buying, and we could discuss that issue. And I’m certain that at some point you could convince me that that might be a way to go. But on this legislation, I’d appreciate an -- an Aye vote on this amendment so we can move this program forward, and then we’ll work on the rest.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

Dale A. Righter (R)

Senator, I appreciate very much your friendliness and your reach across the aisle. Earlier you expressed a concern about the Republicans’ political well-being, and I know that we all 135 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 took that to heart, as well. The seven or six-million-dollar figure that you’re using, is that net or is that a gross cost to the State?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Rickey R. Hendon (D)

Well, Senator, I really couldn’t tell you whether it would be net or gross. I can tell you this: There was no opposition from the Governor’s Office. I’m very happy about that. There was no verbal opposition from Department of Public Aid or any other entity of the State of Illinois. So, they’re very well aware of -- of what this is and what it does, and we -- we -- we wanted to work with the Governor’s Office. That’s why we’re dealing with Amendment No. 2 right now. As you know, this was already passed. So I want to be friendly. I want to cooperate with the Governor’s Office, and that’s why we recalled it, to put it on -- put Amendment No. 2 on it. So, there is a cost. As I said earlier, I’m not going to stand here and act as if it’s not. But the good outweighs the bad. Our senior citizens will get their medication. We’ll encourage them to use the generics. And I truly believe in my heart that in the long run, it will help the State fiscally because the generics cost less than the brand name.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

Dale A. Righter (R)

Very briefly, Mr. President, to the amendment. Since committee this morning, and for Senator Hendon’s -- Hendon’s information, we talked to the Department. They’ve advised us that the fiscal impact of this is approximately 13.7 million dollars to the Medicaid program. So, I know that we’ll discuss this a little further on 3rds. Thank you, Mr. President. Thank you, Senator.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Obama.

Barack Obama (D)

Thank you, Mr. President. The -- why don’t I just save it for 3rd if we’re going to have additional discussion?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 136 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Thank you. Is there any further discussion? If not, all those in favor will say Aye. Opposed, vote Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1110. Senator Hendon. Senate Bill 1115. Senator Hendon. Senate Bill 1116. Senator Hendon. Senate Bill 1122. Senator Burzynski. Senate Bill 1149. Senator Shadid. Senator Shadid seeks leave of the Body to return Senate Bill 1149 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1149. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Shadid.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

George P. Shadid (D)

Thank you, Mr. President. This amendment to 1149 was requested by the Transportation Committee and alleviates the concerns of the Illinois Community Bankers and the Illinois Credit Union League. And it changes the number of days to satisfy a lien. I’d appreciate a Aye vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1150. Senator Cullerton. Senate Bill 1193. Senator Lightford. Senate Bill 1198. Senator Cullerton. Senate Bill 1204. Senator Harmon. Senator Harmon seeks leave of the Body to return Senate Bill 1204 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1204. Mr. Secretary, are there any Floor amendments approved for consideration? 137 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Harmon.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Don Harmon (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1204 amends the Open Meetings Act to protect conversations regarding outside legal counsel. The amendment is not a -- does not substantially change the bill. It simply changes the way the -- the change is implemented. It accommodates some concerns raised by the Illinois Press Association, and I ask for a favorable vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is -- adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1321. Senator Crotty. Senate Bill 1331. Senator Garrett. Senate Bill 1332. Senator Garrett. Senate Bill 1364. Senator del Valle. Read the -- it’s a recall. Senator del Valle seeks leave of the Body to return Senate Bill 1364 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1364. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator del Valle.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator del Valle.

Miguel del Valle (D)

Thank you, Mr. President. Amendment No. 1 changes the report from an annual report to a report once every two years.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor will vote Aye. Opposed, vote Nay. The Ayes have it, and the 138 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill -- excuse me. Senate Bill 1403. Senator Woolard. Senator Woolard seeks leave of the Body to return Senate Bill 1403 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1403. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Woolard.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Woolard.

Larry D. Woolard (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a technical amendment. It was put on at the request of IBHE. This brings, I think, the last, maybe, involved partisan party in -- in this discussion on board, and we have a totally agreed bill, as far as I know.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1404. Senator Woolard. Senate Bill 1405. Senator Woolard. Senate Bill -- I’m sorry. Senate Bill 1405. Mr. Secretary, please read the bill. Excuse me. Out of the record, Mr. Secretary. Senate Bill 1412. Senator Obama. …amendment. Senator Obama seeks leave of the Body to return Senate Bill 1412 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1412. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

139 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Amendment No. 2, offered by Senator Dillard.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. This just revises the decision- making priority list in this bill to put an individual acting as a decedent’s agent under a power of attorney for health care first on the priority list. We sort of rearrange this list. We’ve worked it out with the sponsor of the legislation, and I’d move its adoption.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Obama.

Barack Obama (D)

Just want to make the point that this is an agreed-to amendment.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are -- are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1414. Senator Obama. Senate Bill 1415. Senator Obama. There’s a recall. Senate -- Senator Obama seeks leave of the Body to return Senate Bill 1415 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1415. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Obama.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Obama.

Barack Obama (D)

Thank you very much, Mr. President, Members of the Senate. This is really a technical amendment. We had a residual sentence in the original bill that should not have been there. It was based on an earlier version. I’ll be happy to debate the bill on 3rd Reading.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 140 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1417. Senator Obama. Senate Bill 1440. Senator Dillard. Senate Bill 1441. Senator Dillard. Senate Bill 1479. Senator Clayborne. Senate Bill 1492. Senator Ronen. Senate Bill 1497. Senator Link. Senate Bill 1499. Senator Link. Senate Bill 1500. Senator Link. Read the bill -- on that -- it’s a recall. Senator Link seeks leave of the Body to return Senate Bill 1500 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1500. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Link.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Terry Link (D)

Thank you, Mr. President. This amendment would authorize stockholders in a bank in one charter amendment to delegate to the bank’s board of directors the ability to issue preferred stock at future dates or intervals.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1505. Senator Harmon. Senate Bill 1510. Senator Harmon. Senate Bill 1521. Senator Jacobs. Does -- Senator Jacobs seeks leave -- Senator Jacobs, we don’t have your amendment. There is no amendment. That’s why we don’t have it. Do you wish to proceed? 141 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

Denny Jacobs (D)

Yes.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) On Senate Bill 1521, Mr. Secretary, read the bill.

ACTING SECRETARY HARRY

Senate Bill 1521. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Denny Jacobs (D)

Thank you, Mr. President. I apologize. There was to be an amendment and we withdrew that. So… Senate Bill 1521 removes the prohibition of using monies in the Off-Highway Vehicle Trails Fund for construction of motorized recreational trails on Department of Natural Resources owned or managed land. And sponsored -- it was given to me by the ABATE. And -- ready to answer any questions.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Haine.

William R. Haine (D)

Thank you, Mr. President. Would the sponsor yield for a question?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The sponsor indicates he will yield. Senator.

William R. Haine (D)

I understand the reason for this bill is the -- is the fact that in the law, DNR is in a catch-22: They cannot use DNR land which is purchased from this fund - the off trail fund - for ATVs. What concerns me is a -- the old State parks, such as Pere Marquette, the Mounds, these venerable, old parks where you have birdwatchers, hikers, bridle trails, that they will not be -- that land that has been taken for park purposes in the past will not be subject to being changed in character with ATV trails. I -- I support the concept of providing a recreational support for another group of citizens so long as we do not use the parkland that’s there now that has been historically for quieter, more pastoral forms of recreation.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 142 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Senator Jacobs.

Denny Jacobs (D)

I -- I have spoken with the new - once he’s confirmed - Director of Department of Natural Resources. He has indicated that he would not allow for the tranquility of any of the current State parks to be interrupted, that whatever they would do would -- would take a economic -- or, excuse me, environmental impact study. Their intention is to use it on lands around and -- and adjacent to strip mines, et cetera, which are currently under their domain.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.

William R. Haine (D)

In essence, it would be the -- the Senator’s saying it would be the intent of the Legislature, through this bill, that that would be directed to the Director of DNR.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Denny Jacobs (D)

Yes.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.

William R. Haine (D)

…Mr. President and Senator Jacobs.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Bomke.

Larry K. Bomke (R)

Thank -- thank you, Mr. President. I rise in support of this legislation. As -- as indicated, it came out of committee unanimously, and just simply rise in support.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? If not, Senator Jacobs, to close.

Denny Jacobs (D)

Just ask for an Aye vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall Senate Bill 1521 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all 143 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 voted who wish? Take the record. On that question, there are 47 Members voting Yes, 7 voting No, and 1 Member voting Present. Senate Bill 1521, having received the required constitutional majority, is declared passed. Senate Bill 1525. Senator Dillard. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 1525. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. A while ago -- a couple years ago Senator Weaver passed legislation and in there was a Thoroughbred Breeder’s (Program) Task Force, and this bill would just extend to next March the time for which the Thoroughbred Breeder’s Program Task Force has to make its recommendations to the General Assembly. I’d appreciate a favorable vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Cullerton.

John J. Cullerton (D)

Will the sponsor yield?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Sponsor indicates he will yield, Senator.

John J. Cullerton (D)

When were they supposed to make their recommendations to the General Assembly?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Dillard.

Kirk W. Dillard (R)

I believe last March. They’re slow.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

John J. Cullerton (D)

So they have not made a recommendation at all, but they have asked to have more time?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Dillard.

Kirk W. Dillard (R)

144 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Yes. And as so many of these task forces go, I believe the Governor was slow in making appointments.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton. Any further discussion? Senator Dillard, to close.

Kirk W. Dillard (R)

Just appreciate a favorable vote. Thank you.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall Senate Bill 1525 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that issue, there are 54 Members voting Yes, 2 voting No, and no Members are voting Present. Senate Bill 1525, having received the required constitutional majority, is declared passed. Senate Bill 1530. Senator Demuzio. Senate Bill 1546. Senator Haine. Senate Bill 1589. Senator Hunter. Senate Bill 1601. Senator Cullerton. Senator? 1601. Senator Cullerton seeks leave of the Body to return Senate Bill 1601 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1601. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 2, offered by Senator Cullerton.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. This amendment amends the Bond Authorization Act and the Local Government Credit Enhancement Act and it updates definitions in terms of the Act, which have not been amended in ten years. It clarifies the Acts will enable the governmental units to know what they can do when dealing with these transactions, which specifically deal with variable rate bonds…

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration? 145 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003

ACTING SECRETARY HARRY

No further amendments reported, Mr. President.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. With leave of the Body, we’ll proceed to page 47 of the Calendar. Page 47. Senate Bill 1757. Senator Schoenberg. Read the bill, Mr. Secretary.

ACTING SECRETARY HARRY

Senate Bill 1757. (Secretary reads title of bill) 3rd Reading of the bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1757 is the cornerstone of the Comptroller’s budget stabilization rainy day fund and fiscal reform package. Very briefly, there’s a graduated schedule by which after the State experiences positive revenue growth in a year of four percent or more, there’s an initial earmarking of a half a percent to a Budget Stabilization Fund graduated to a full percent in subsequent years until the Fund is capped out entirely at about one billion dollars. There is a limit on appropriations corresponding to that. There is a mechanism for transfers to the Budget Stabilization Fund. There is a mechanism for deposits into the Early Debt Retirement Fund after that four-percent cap is attained, that four-percent cap providing approximately one billion dollars. And finally, there is directive in this legislation as to how the Budget Stabilization Fund should be used, all for purposes that I’m sure many of us would agree towards. This is absolutely essential if we are to learn from the mistakes and learn from the inexperiences that we’re currently encountering. I’d be happy to answer any questions, and I urge your support.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Rauschenberger.

Steven J. Rauschenberger (R)

Yeah. A few hopefully short but piercing questions for the most eloquent sponsor of Dan Hynes’ rescue to the General Assembly. Do you -- do you find anything in this bill to be 146 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 kind of a conflict of -- of -- of separation of powers, the General Assembly taking a recommendation from the Comptroller to commit future General Assemblies to a spending plan when we have no idea what the spending pressures would be in the future?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

Well, thank you. I want -- first of all, I want to thank you for your noble compliment, at least I took it as a compliment in your introductory remarks, and hopefully I’ll put on my cape and tights and come to the rescue and answer your question. The -- this mechanism, as you know, has been refined over time, and it is consistent with the current constitutional powers and authorities. I don’t personally see any conflict, and we have similar mechanisms in place for triggering and authorizing issuance of debt to pay for outstanding bills. And in short, I don’t see any conflict, and I think that this has been sufficiently vetted for those constitutional issues.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

Steven J. Rauschenberger (R)

Does it take a -- a supermajority of the General Assembly, both Chambers, for example, to set aside this plan the day that we do have sunshine, or is this a -- a bill that only requires thirty votes to exempt any kind of -- any of the -- of the forty spending bills we’ve passed today? Are there any teeth in this, or is this, you know, another one of those kind of feel-good bills by very young and ambitious constitutional officers?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.

Jeffrey M. Schoenberg (D)

I’ll ignore the second part of that statement. I just want to say that this would -- I -- I don’t -- purport to speak for the Parliamentarian. I believe this does require a simple majority. This is not a bonding bill. This is simply setting in place an internal mechanism for when revenue growth exceeds four percent, when we do return to a more stable and secure economy, when the revenues do exceed four percent, for setting aside a portion of that in order to pay down debts which may 147 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 incur -- be incurred. And I believe that practice is something that you’ve consistently been supportive of.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

Steven J. Rauschenberger (R)

Well, you know -- and let -- maybe to the bill, and -- and we’ll kind of quit horsing around. But I guess I find it, I don’t want to say offensive, but I -- you know, here we sit and, you know, it’s been another day of carrying bills for other people with ideas who have, you know, agendas and goals. We go through an agonizing ten- to twelve-week period deciding, you know, between Chambers, between parties, between Members who work very hard down in the General Assembly to decide how to allocate the resources of the General Fund. And here we’ve got a bill in front of us that purports to -- to tell us how to budget into the future, how to set aside reserve funds based on a rainy-day concept. Let’s just go through that concept of rainy day just for a minute. You know, it’s one thing for a family to save. A breadwinner can lose their job. Someone can be struck with cancer. You can have a medical disaster in your family. There are reasons for individuals to save. We are a sovereign State. The very idea that we would engage in discussions of taking excess tax revenues, which is what the Comptroller’s talking about. He’s saying growth over four percent triggers a mechanism that you ought to save up some of the taxpayers’ money and set it aside - not spend it on programs, which many people on that side of the aisle believe is very important, or not give it back to the people who produce the wealth, which is what many people on our side of the aisle would say, but you ought to pack it aside - set it aside so that we can avoid making hard decisions as things change. We’re sovereign. If we decide - if we decide in our infinite wisdom in both Chambers - that we’re going to raise the taxes of the State of Illinois, we can do that. We don’t need to save for a rainy day. If -- if the fallacy of this bill is not demonstrated by the -- the ineffectiveness of the first set- aside of the Tobacco Stabilization Fund, I don’t know what is. Now, I -- you know, I realize we all carry bills for lots of reasons and I know the -- the -- the sponsor means well by 148 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 bringing this bill up, but, you know, I don’t know what kind of message we send when we pretend that the ten or twelve weeks of hard work we do, the agony you -- you guys put into committee looking at individual programs, means nothing because the Comptroller has delivered down to us from -- with manna on high, on two tablets, the way we ought to be doing business in the General Assembly. And this is such an effective piece of legislation. It takes, simply, thirty votes to say that we exempt whatever we do from the -- the auspices of this incredible rainy day planning bill. And, you know, I don’t mean to -- to pick on the Comptroller, but for heaven sakes, he’s been in office five years. This is not the time to be politicking. This is not the time to be offering false hope to the people of Illinois or direction to the General Assembly. So I just urge people to say no to this kind of thing. This is not the Chamber where we ought to be engaged in politics as we see rising stars all trying to outdo each other. This bill doesn’t work. It doesn’t make any sense, and it’s an insult and an effrontery to the General Assembly.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

Chris Lauzen (R)

Thank you, Mr. President. I think that it’s evident that the -- the rainy day fund has proven to be ineffective. I think that Senator Rauschenberger has just addressed what happens during foul weather. If we were to fund this rainy day fund through found money, like actually collecting or selling the certified bad debt, it’d be found debt, and I can see us funding a rainy day fund with something like that but not taking it out of the pockets of -- of the citizens and taxpayers of the State. But that’s what happens in fair weather. But let’s consider what happens in foul weather. Did any of us notice any impact for two hundred and twelve million dollars that was set aside during this current crisis? I know that the Governor, the former Governor of the State of Illinois, as CEO, takes certain responsibilities for the mess of a billion dollars that now is, according to Democrat count, five-billion-dollar deficit, but the chief financial officer of the State of Illinois or any organization has to take his or her share of the responsibility 149 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 for that debacle. But did any of us notice any impact at all during foul weather of the rainy day fund? Let’s say that we were to pump up the rainy day fund to the level that the Comptroller suggested it ought to be, at one billion dollars. In a fifty-three-billion-dollar budget, two hundred and fifty working days a year, this represents about five days. Even at the level that he proposes, it represents five days of government spending. And so, even in foul weather, it’s a bad idea. I urge a No vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Denny Jacobs (D)

Move the previous question.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs moves the previous question. There is one other light lit. Senator Hendon.

Rickey R. Hendon (D)

Thank you, Mr. President. You know, I’ve been here for eleven years now and I’ve seen both sides of the coin. It’s just surprising to me that people who wanted to be fiscally conservative last year, year before that, are not doing it now. We need a rainy day fund. This is a good bill. What’s wrong with the State preparing for the future? I mean, that’s what we’ve done in the past. I remember when the rainy day fund was used up. If it wasn’t there, it wouldn’t have been there to be used in the first place. Let’s be physically -- fiscally responsible and be prudent and vote for this bill.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg, to close.

Jeffrey M. Schoenberg (D)

With all deference to my colleagues from the “flat earth society” on the other side of the aisle, this bill enjoys a broad range of support ranging from the AARP, to the hospitals, to the teachers, to the Government Finance Officers Association, to the pharmacists. I urge an Aye vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall Senate Bill 1757 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all 150 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 voted who wish? Take the record. On that question, there are 33 Members voting Yes, 13 voting No, and 9 Members voting Present. Senate Bill 1757, having received the required constitutional majority, is declared passed. Senate Bill 1765. Senator Obama. Senator Obama seeks leave of the Body to return Senate Bill 1765 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1765. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 3, offered by Senator Obama.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Obama.

Barack Obama (D)

Thank you very much, Mr. President. This amendment simply changes the composition of the Tax Expenditure Commission to add the Ec and Fisc Commission and makes some additional changes. I’ll be happy to discuss it on 3rd Reading.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Lauzen.

Chris Lauzen (R)

I -- a question for the sponsor.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Sponsor indicates he will yield, Senator.

Chris Lauzen (R)

I -- I understand that this adds the Director of the Illinois Economic and Fiscal Commission but it removes the State Comptroller. Why are we doing that?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Obama.

Barack Obama (D)

This was at the request of the Comptroller’s Office. My -- and you could ask him what the concerns were.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

Chris Lauzen (R)

I would just request a roll call on this vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 151 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 The -- Senator Lauzen has requested a roll call. Is there any further discussion? If not, the question is -- I’m sorry, Senator Rauschenberger. Senator Rauschenberger.

Steven J. Rauschenberger (R)

Yeah. If this doesn’t point out -- you know, the last bill, the Comptroller of the State of Illinois wanted to dictate your future appropriation policy, set aside by formula how you ought to manage state finances, and when it comes to taking the heat of reviewing and standing up for what the -- the tax expenditures do, he asked his name to be removed. If that doesn’t smack of politics. We shouldn’t adopt this amendment. Either Dan Hynes out to be in the game or he ought to be out.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? Senator Hendon.

Rickey R. Hendon (D)

Well -- well, perhaps the Comptroller would like to be left out of this so that he can look at it and report to the Commission without any prejudice whatsoever. So, I think it’s a good idea that we leave the Comptroller out of this, and we urge an Aye vote.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Obama, to close.

Barack Obama (D)

We’re on 2nd Reading.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Yes.

Barack Obama (D)

I’m happy to debate the substance of the bill on 3rd. I think the amendment simply changes the composition of the committee to reflect those who wanted to participate, and I'd like an affirmative roll call.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen has requested a roll call. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 33 Members voting Yes, 22 voting No, and 1 voting Present. Senate Amendment No. 2 {sic} (3) to Senate Bill 1765, having received the required constitutional majority, is declared 152 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senator Geo-Karis, for what purpose do you rise?

Adeline Jay Geo-Karis (R)

Mr. President, Ladies and Gentlemen of the Senate, I’ve been in this Senate almost twenty-five years and I’ve never seen so many recalls in my life to 2nd Reading. I think we’ve gone long enough. Don’t you think it’s time we stop?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator, we intend to continue till we finish the 3rd Readings. Thank you. Senate Bill 1777. Senator Jacobs. Senate Bill 1803. Senator Emil Jones. Senate Bill 1854. Senator Jacobs. Senate Bill 1855. Senator Ronen. Senate Bill 1865. That’s me. Sorry. Senate Bill 1869. Senator Cullerton. Senator Cullerton seeks leave of the Body to return Senate Bill 1869 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1869. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Cullerton.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

John J. Cullerton (D)

Yes. Thank you, Mr. President, Members of the Senate. The hour is late. What I would like to do is adopt this amendment and debate the bill on 3rd Reading. I can give you a little hint. The amendment we had in committee today, we promised that -- it has to do with artificial insemination, and I would look forward to Senator Rutherford’s questions concerning this bill on 3rd Reading. Rutherford. Rutherford.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator John Jones.

John O. Jones (R)

Thank you, Mr. President. Sponsor yield?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 153 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Sponsor indicates he’ll yield, Senator.

John O. Jones (R)

Senator, I notice that this bill went through Judiciary Committee and -- and you’re talking about artificial insemination. Being the Spokesman on Ag and Conservation Committee, that would be the more appropriate committee for this bill to -- to travel through. So, would you consider moving that -- this bill back and -- and letting us consider it in Ag and Conservation?

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton.

John J. Cullerton (D)

Boy! I -- you know, I -- I’ve been in your committee and I haven’t had a lot of luck, actually, to be honest with you. I - - I think we can give you -- everybody of the Ag -- on the Ag Committee is a Member of the full Senate, and we can have a full debate tomorrow on this, if it’d be okay with you. I’ll take your questions tomorrow, for sure.

Patrick Welch (D)

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

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1872. Senator Garrett. Senator Garrett seeks leave of the Body to return Senate Bill 1872 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1872. Mr. Secretary, are there any Floor amendments approved for consideration?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Garrett.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Susan Garrett (D)

Thank you, Mr. President. Amendment No. 1 was basically to remove some language that was redundant. Thanks to Senator Roskam pointing -- pointing this out during Floor debate. So I 154 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 want to thank him for that input, and hopefully we’ll debate this tomorrow also.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor will say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 1873. Senator Garrett. Senate Bill 1906. Senator Demuzio. Senator Demuzio seeks leave of the Body to return Senate Bill 1906 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1906. Mr. Secretary, are there any Floor amendments approved for adoption?

ACTING SECRETARY HARRY

Amendment No. 1, offered by Senator Demuzio.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) Senator Demuzio.

Deanna Demuzio (D)

Thank you very much. Senate Amendment No. 1 deletes everything, becomes the bill. It changes the name of the Department of Commerce and Community Affairs to the Department of Commerce and Economic Opportunity so that -- so that Senator Wojcik, when her bill passes, will be able to identify what she wants us to do with it.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

ACTING SECRETARY HARRY

No further amendments reported.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senator Emil Jones, for what purpose do you rise?

John O. Jones (R)

Yeah. Thank you, Mr. President. We’ve gone through 2nd Reading once. We’ve gone through the -- the Calendar on 3rd 155 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day 3/25/2003 Reading once, and we have moved a lot of paper, moved a lot of bills. And we -- the intent is to come in tomorrow at 10 o’clock, begin on 2nd Reading and then go to 3rd Reading. And if we work very efficiently, we can get out of here and maybe we would not have to be here on Friday. And -- and we’ll make that decision tomorrow. To my Mediterranean cousin, Senator Adeline Geo-Karis, when we came in the House together, we used to work until 11 and 12 o’clock. Yes, but now that we’re all getting a little older. But that’s our intent. I think we did a pretty good job today.

Patrick Welch (D)

PRESIDING OFFICER: (SENATOR WELCH) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 o’clock a.m. tomorrow, Wednesday, March 26, 2003. The Senate stands adjourned. 156