Illinois Senate Floor Debate — May 7, 2003

PRESIDING OFFICER: (SENATOR DEMUZIO) The hour of 1 o’clock having arrived, the Senate will come to order. Guests in the gallery will please rise. Members will be at their seats. Our prayer today is by the Bishop William Persell, Episcopal Church of Chicago Diocese. Bishop.

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

(Pledge of Allegiance, led by Senator Link)

PRESIDING OFFICER: (SENATOR DEMUZIO) Reading of the Journal. Senator Woolard.

Thank you, Mr. President. I move that the reading and approval of the Journal of Tuesday, May 6th, 2003, be postponed, pending arrival of the printed Journal.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Woolard has moved to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Resolutions.

PRESIDING OFFICER: (SENATOR DEMUZIO) Resolutions Consent Calendar. All right. Leave of the Body, we’ll go to the Order of House Bills 1st Reading, Madam Secretary.

PRESIDING OFFICER: (SENATOR DEMUZIO) Resolutions.

PRESIDING OFFICER: (SENATOR DEMUZIO) …Calendar. At ease just for a moment till we understand -- we -- we believe that the Republicans are going to want to go to caucus around 1:30. We’re attempting to do some housekeeping here and we’ll alert you as to what we are contemplating here as 2  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 soon as we figure it out. Ladies and Gentlemen, it’s -- it’s my understanding that by prior agreement with the two Leaders, that the Republicans are going to caucus either now or around 1:30. So, we believe that the Senate will reconvene somewhere around 2:30. So, we will -- we will simply suggest that we will recess to the call of the Chair, but we believe that time will be somewhere around 2:30. So, the Senate will stand in recess to the hour of 2:30. (SENATE STANDS IN RECESS/SENATE RECONVENES)

Yes, Mr. President. Make an announcement.

That Senator Edward Maloney was our most valuable player.

Well, thank you, Mr. President. I want to just say that I was out at the ballgame last night and on the Democratic side of the -- of the ball field. And I tell you what, I -- I thought we would have done a lot better, but we had a lousy pitcher. I don’t -- I don’t know what his record is, but I suggest that you talk to Madigan and see whether or not we can trade him for a couple of other mediocre minor-leaguers, including Bob Molaro. Maybe we can get him to be the bat boy. But we all did a good job last night, and I can only -- sorry that we could have probably won if I’d have played third base, but didn’t -- he didn’t make it. But -- and George Shadid, I don’t know. He’s probably the worst manager of the year. I guess he -- he’s -- he’s -- he didn’t make it either. Made a couple of good decisions. Couldn’t get up to the plate as the catcher. You got to get up a little closer if you want to catch the ball. But anyway, you know, just for the most part, I thought we did a good -- played a good game, but could have done better.

Thank you, Mr. President. Point of personal privilege. 5  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003

I was at the ballgame last night also, Mr. President. I saw you with your big hit to start the rally, as Senator Geo- Karis described, but I didn’t see the portly Senator to my left pick up a bat, jog around the base. He has Babe Ruth’s stomach, but clearly he can’t swing the bat like the Babe. So, before he should criticize the pitcher, we’d like to see him lose a few pounds and get up there and hit the ball for us, Vince. I know you could do it. And Geo called a great game, and doggone it, if we’d have practiced one time, we’d have beat those guys. So, next year -- we got practice tomorrow… Thank you, Mr. President.

6  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Yeah. The sponsorship of that bill was transferred to a Senator on the other side of the aisle, Senator Wojcik.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 30 creates the Voting by Minors Act to require the State Board of Elections and the State Board of Ed to develop a privately funded voter education program in school districts for children in grades K through 12. Among -- along with the curriculum on voting history, voting procedures, election campaigns and media influence, all children in participating school districts may cast a vote with their 7  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 parents on a simulated machine at a polling place on a general election day in 2004. Again, this is with participating school districts in which the election authority of the county has also chosen to participate. This is also going to be funded by nonprofit, also run by volunteer administrative boards in the participating counties, as well as statewide volunteer and nonprofit board that’s developed by the -- the Board of Elections and the Board of Education.

I don’t remember -- I don’t remember -- is it this bill that we’re talking about? ‘Cause isn’t -- isn’t HVAC {sic} the -- I think it’s Helping America Vote. Isn’t that the federal? They wanted to keep -- I have a -- a letter from the State Board of Elections that says here, “We firmly believe that money appropriated under the Help America Vote Act will be wholly separate from the money which we hope to be secured by private funding for Voting by Minors program.”

All right. I -- I can pull this out. That would be an amendment that would be rather easy to do. Thank you very much, Senator.

Thank you, Mr. President. Basically what this bill does, is any contractor may be suspended for violations of this Code or for the failure to conform with any specification of {sic} term of -- terms of delivery. Suspension may be for a period up to ten, which is now five years at the discretion of the applicable chief procurement officer. Be more than happy to answer any questions.

We don’t have that exact number, but we -- we do not feel that we’ve ever suspended anybody for the maximum of the five years.

It is -- it’s felt that, you know, under this, that, you know, if we could stiffen the penalty, is to try to deter a few more of these contractors from this. It is -- you know, it -- it’s just more of a deterrent for them. It’s just been felt that -- with studies, that this would be a possible of a -- more of a deterrent.

I would just ask for a favorable vote.

Thank you, Mr. President. This bill will amend the Child Care Act to prohibit any applicant for a child care facility license or any adult person from residing in the child care facility who has been convicted of specified crimes related to kidnapping, bodily harm, certain offenses against property and most drug offenses. This bill passed out of the Health and Human Services Committee on the Agreed Bill List and I ask for an Aye vote.

Thank you -- thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 60…

Thank you, Mr. President. House Bill 60 requires that, for tuition purposes, public universities in Illinois classify an 11  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 individual who’s not a citizen or permanent resident of the United States as an Illinois resident if certain conditions are met: If the individual resided with his or her parent or guardian while attending a public or private school in this State; the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State; if the individual resided in this State for at least three years as of the date the individual graduated from high school or received the equivalent of a high school diploma; if the individual registers as entering student in the university not earlier than the 2003 fall semester; if the individual provides to the universities an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so. I will attempt to answer any questions.

Thank you, Mr. President. I just want to make a statement on this bill also. I just want to remind people that in this -- in this last conflict that we had in Iraq, that seven of the American servicemen that were killed in Iraq were not even American citizens yet. That’s thirty-six thousand service members are not citizens. Roughly five percent of the active service members were not -- are not citizens. A third of ‘em are from Mexico and other Spanish-speaking countries, and the rest are from China, Vietnam, Canada, Korea, India and other countries. That is why we’re here today. Immigrants are shaping the future of our nation and House Bill 60 is just another step in taking and promoting the American dream. And access to quality of education to young immigrants who have lived in our communities and attending our school and granting these people in-State tuition at a rate of -- one way is to keep immigrants and a promise alive to pay homage to the thousands of immigrants who have fought for our country and even though, yet, have not become citizens. And I stand in strong support of this bill and hope we can pass this out of here 59 to nothing. Thank you.

14  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Thank -- thank you, Mr. President. I -- I, first of all, want to commend the Senate sponsor, Senator Munoz, and -- and the original sponsor, Representative Acevedo, for their leadership on this very important issue. And I also want to thank my colleagues who have already risen, and those who will speak after I speak, in support of this bill. I want to thank you for having taken an enlightened position. Senator Lauzen, you said that we need to bring people together rather than ripping them apart. That is exactly what this bill does: It brings people together. It brings people together by having this Body acknowledge that we have talented, beautiful, young individuals who reside in our State, who came here at a very young age, who were brought here by their parents, who have gone to our schools, who have graduated or will graduate from our high schools, who are excellent students, who meet the admissions requirements of our universities and who have a lot to contribute today and will have even more to contribute to our State in the future if they have an opportunity to receive an education, an education in our universities that they are going to pay for. This bill says that they will pay in-State tuition. Why does it make sense for them to pay in-State tuition? Because they reside in the State of Illinois, because they have been here for many years, because they have parents who have paid taxes. Yes, we can certainly -- yes, we can certainly debate the issue of immigration law, and that issue is being debated. As a matter of fact, it’s being debated in Washington now, and one of the proponents of changes in immigration law is the President that you helped elect, George Bush. And his state - his state - his home State of Texas passed this very same legislation and even went beyond this legislation by providing financial assistance to students. Can you imagine that? The State of Texas did that. This bill says in-State tuition - in- State tuition - for these young individuals who desperately want to go to school. And so, it is about bringing people together. It’s about recognizing that these individuals have paid taxes. It’s about recognizing that many of them are out there doing the work - doing the work in your district and in many other districts - they’re everywhere, doing the work for low wages, but work that is important to the economy of the State of 15  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Illinois, work that has made it possible for this State to progress. And for us not to acknowledge that, as other states have - many other states. And legislation that’s pending, sponsored by Senator Hatch. The DREAM Act is sponsored by Senator Orrin Hatch that acknowledges fully what we are talking about here today, what we are debating. And so, let’s be progressive. Let’s not stand by the old arguments. Those arguments don’t work anymore in the State of Illinois. This is a different State. Our demographics have shown that throughout that -- throughout the State of Illinois. Our 1990 Census showed the growth, then our 2000 Census showed the growth in the immigrant population. There’s no turning back here. We don’t want to turn back. What we’re doing today is acknowledging that the contribution of today’s immigrants in our society are just as valuable as the contribution that European immigrants made, the Irish, the Italian. All the immigrants that have come to this country, regardless of their status, their goal was to pursue the American dream. And one of the ways to reach that dream is through education, and we must not deprive any young person in the State of Illinois, deprive them of that dream.

Thank you, Mr. President. Would the sponsor of the bill yield? I just have a…

Senator, how do the State universities come out on this legislation? Do they support it?

Yes, they do.

So, our own State universities, our State schools, who are -- are basically being presented with these applications from nonresidents or undocumented students, are coming to the State Legislature and asking us to make this a level playing field, and that includes all the “spaghetti” schools, University of Illinois? Okay. The other question I have is that some of the requirements in the legislation I don’t want to go unnoticed. What are the requirements for students, as far as grade point average and any application for citizenship?

17  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 As for the citizenship requirements, as was stated per -- per the bill, that they would have to apply for citizenship status. That would be one of the requirements right there. As far as the grade point average to get into the universities, pretty much the same for other students required by the universities. The only thing that we’re trying to do with the bill here is to make it a -- uniform across the State for all universities to go by.

To the bill: In my opinion, House Bill 60 is a step in ensuring an inclusive society in our State and a way in which we can send a strong message that we value all of our residents and that Illinois will no longer allow for barriers that prevent equal education opportunities for all of our students. I hope that we get fifty-nine Yes votes.

I know this is an emotional issue, but I move the previous question.

Senor Presidente Jones. I like that. I thought that would be appropriate today, since we were talking about immigrant issues, Mr. President. Thank you, Mr. President, the Senate. I stand here in support of this bill, House Bill 60, that has been a project of law throughout many years and one that my colleague, Representative Acevedo, and my colleague, Senator Munoz, and many other Members of the Latino Caucus have worked arduously throughout the years to bring this to this -- to this vote here today, this historic day in the State of Illinois. I come here today to give testimony as son of immigrants, son of immigrants that came from the States of Guanajuato and Michoacan just not too long ago. It is -- it is only an irony today that we stand here as we continue to celebrate el Cinco de Mayo, the Batalla of Puebla - the Cinco de Mayo, the Battle - a call for revolution. We are amidst a revolution in the State of Illinois, and this is a war - this is a war, Senator Lauzen, for all these people who sit in this Chamber and all those children - all those children - all those students that live in Aurora, that live in Batavia, that live in Rockford, that live in 19  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Waukegan, that live in Elgin, Des Plaines, Niles, that live in La Villita, that live in Cicero, that live in Macomb, Beardstown. It is only ironic that we stand here today as thousands of students will be graduating in the upcoming weeks in the State of Illinois, thousands of children who have studied, who have come from a different country, who have not only -- who not only have to overcome the battles of learning English, but have also have had to learn the disciplines of math and science and reading. They have worked arduously all their lives to get to the point to go to college. These are the future doctors and lawyers and attorneys and teachers and future Senators of Batavia and Aurora. We cannot deny them an opportunity to realize the American dream. In the words of our great black leaders of this country, “A mind is a terrible thing to waste.” We also have a dream, and it is not only a Hispanic dream; it is a dream for all Latinos, all Asians, all Chinese, immigrants from all over the world who come to this country only for a new beginning, only to have a dream of a greater tomorrow, only of a dream of being successful and leaving a mark on the life of this country. I ask, in closing, that we can no longer treat these students as strangers. For God’s sake, we urge the General Assembly to stand in support of House Bill 60. It is the future of this country. It is the future of the State of Illinois. And in the great words of our great leader, Cesar Chavez, “Si, se puede,” - Yes, you can - please press Aye on House Bill 60. Que vive los inmigrantes.

Thank you, Mr. President. I rise in favor of this bill simply because I have experience in my own home. I have a daughter that studied abroad, ended up getting her bachelor’s degree from the University of Wisconsin and her master’s degree from Spertus College, in Human Services. And I’ve had children from all over the world - China, Africa, Mexico - and my daughter has been working on immigration for the past eighteen years. And believe me, these children that are going to college are the very best kids. They are not the gangbangers. They are not the troublemakers. They’re out to do better for America. And believe me, I really and truly, from my heart, congratulate 21  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 all of you who have worked so hard in this endeavor, because I believe this is going to enhance America. Thank you very much.

Ladies and Gentlemen of the Senate, I, too, rise in support of this bill. To Senator Lauzen, there’s only one -- one point that I want to make to you, and it is that we -- and this -- this bill doesn’t call for any special consideration. All we are saying in this bill is that if you live here and you have worked here and you want to go to school here, you should be allowed to go to school here and be charged in-State tuition. To all the young gentlemen out there and young ladies who want to attend, we are here to support you a hundred percent. We’re 22  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 here to make sure this bill passes. And God knows that we are all with you. Thank you.

Thank you, Mr. President. I rise in strong support of this legislation, and there should be fifty-nine Aye votes up here. Let’s be together on this one, Senator Lauzen, and all of those who might be considering doing otherwise. Right now we have immigrants and non-citizens fighting for our freedom in Afghanistan and Iraq right now. This is a nation of immigrants - some voluntarily; in my case, non-voluntarily - but still a nation of immigrants. And we should not discriminate against anyone. Give these young people opportunity to get their education. It’s good for Illinois and it’s a good vote to make. I urge an Aye vote.

Thank -- thank you, Mr. President. It’s my hope that you, my colleagues in the Senate, show strong support for this proposal. By doing so, you will allow intelligent students to dream of a time when they can set their sights higher than their current reality. Ladies and Gentlemen of the Senate, I thank you for your support, the ones that have jumped on as cosponsors in the beginning and for all the support you have done, to the young students here in the gallery on both sides and to their parents for coming down and all the organizations that have showed their support and came across and done that for us. Ladies and Gentlemen of the Senate, if we can actually be true Americans, as we say that we are, as my colleague stated, Senator Burzynski, to do the right thing. Let’s be fair on an even board across the State to give these young men and women here in the gallery with us a chance to pursue their dream, and other students across this great State. We can join the other four states by passing this legislation here today, which can be history for us here in this Chamber, for doing it for these young men and women here today and, again, across the State. I would ask for an Aye vote. Thank you very much. 23  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003

Mr. President, I -- I voted Aye and it was there, and then I’m not sure what happened to that green light. But please let the record show that I’m a strong supporter and I would have voted Aye had it recorded it.

Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. House Bill 85 is -- it includes paramedics and emergency technicians as mandatory reporters under the Elder Abuse and Neglect Act. The…

That’s…

Thank you. Again, House Bill 85 expands the list of mandated reporters under the Elder Abuse and Neglect Act to include a person who performs the duties of a paramedic or an 24  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 emergency medical technician. And it also requires the Department of Aging to establish an elder abuse training program in several departments and agencies outlined in the Act. And it also requires the Department to request that financial institutions provide the public with information concerning financial exploitation of the elderly and to coordinate with utility companies to educate the elderly about telemarketing home repair fraud by including explanatory notices with utility bills. It also clarifies that any mandated reporter, except for a doctor, a dentist or a hygienist, who willfully fails to report elder abuse, is a Class A misdemeanor. Now, remembering that the physicians who willfully fails to report as required by the Act must be referred to the Illinois Department of -- Medical Disciplinary Board. And it also -- it also has, for those that don’t know why the hygienists should not be -- it also is reported to their board. So, it makes it clear that elder abuse investigation agencies must perform assessments of elderly care services for up to a year, except when the Department decides to extend that service care plan for an additional one-year period.

Thank you, Mr. President. And I also want to welcome Ray to the -- to the Senate Floor. Ladies and Gentlemen of the Senate, House Bill 87 has a -- incorporates a lot of House Bill 85 in it, except it does make some changes to other Codes. It amends the Criminal Code to make abuse and criminal neglect of a long-term care facility resident a Class 3 felony. If the neglect results in a death, it’s a Class 2 felony, carrying three to fourteen years with the Department of Corrections. It also amends the Criminal Code to redefine what constitutes financial exploitation of an elderly person or a person with a disability. It also amends the Code of Criminal Procedure to declare that a prosecution for abuse, neglect or financial 26  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 exploitation of a person over sixty, that that person may give evidence disposition {sic} and not be required to appear in court to testify. Again, it also amends the Unified Code of Corrections to permit to impact incarceration for violations of abuse or criminal neglect of a long-term care resident, criminal neglect of an elderly person or financial exploitation of an elderly person. It also amends the Probate Act so that persons convicted of elder abuse or neglect may not inherit property from the estate of that victim. I would be happy to entertain any questions…

…or any discussion.

Thank you, Mr. President. House Bill 102 creates the State Prohibition of Goods from Forced Labor Act. It requires that every State agency entering into a procurement contract include in that contract a representation from the contractor that none of the goods procured were made in any way by forced labor, convict labor or indentured labor. I’d ask for an Aye vote.

It -- it provides penalties only if a contractor knowingly includes goods produced in whole or in part by forced labor, convict labor or slave labor. It does not require any diligence, even, on the part of the contractor. So, it requires a willing and a -- a knowing mind.

Knowingly, I believe, is a -- a fairly well-accepted legal standard. It requires actual knowledge on their part. It is -- it is not designed to catch people who don’t knowingly incorporate this. That -- that state of mind is required to invoke the -- the penalty Sections.

I -- I think we’re -- we’re trying to get at, primarily, contracts for equipment, material or supplies. I’m not entirely sure of the answer to that, but I -- I -- I don’t think that makes it a bad bill. I think it may not be broad enough, but we could address that in the future.

I think it’s a fine idea for us to pass this bill, limit it in application to procurement contracts that are not for public works. If we need to amend a bill or pass another bill later that picks up public works, we can do that.

I do not know why the House sponsor chose to exempt procurement for public works contracts.

You -- you raise a good point and other folks have come to me and asked why this doesn’t include child labor. And -- and my -- my answer has been, we -- we should look at those issues, too. Just because a particular bill does not go as far as some folks may want it to go, if it’s a good bill, I think we should move it forward as is, solve a real problem at least in part and worry about solving other problems in other legislation.

I believe it would be an actual knowledge standard.

Yes, Senator. It applies only to foreign-made goods. 31  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003

Thank you, Mr. President, Ladies and -- Ladies and Gentlemen of the Senate. Some of the -- I’m going to vote for the bill, Senator, but some of the comments made from the other side do make me -- give me pause to -- to stop and think. As an example, the Lincoln Library, which we bought all of the -- the stone and I think it come from Italy or Thailand or something such as that. Do we know whether that was done with quote, unquote, “slave labor” or not? And I think the knowingly is something that gives a lot of us a little bit of cause for concern, but I’m just -- just got me thinking and I was curious about that, as to how we really know. I -- and I understand, if you truly know, that you’ve got a problem and we understand that. And -- and I intend to vote Yes for the bill, but I -- I agree that I think we to do need some cleanup on this.

Thank you, Mr. President. I don’t believe this bill is a labor bill or a business bill; I think it’s a human rights bill. No matter -- I can’t justify, in my mind, encouraging our 32  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 economy by turning a blind eye to folks who knowingly use forced labor, convict labor or indentured labor to advance their commercial interests. And I urge an Aye vote.

Thank you, Mr. President and Senator Demuzio. House Bill 115 creates the Fire Truck Revolving Loan Program which would allow fire departments and fire districts to update fire trucks that are forty to fifty years old. It was voted out of State Government unanimously. I know of no opposition and I ask for a favorable vote.

34  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Thank you, Mr. President. House Bill 116 allows the township board or the board of trustees of a fire protection district to impose reasonable civil penalties on individuals who repeatedly cause fire alarms. House Bill 116 was brought to me by several of the fire associations. The bill passed out of the House 115 to nothing. I know of any -- no opposition. Would be happy to try to answer any questions.

Senator Jones, the fine -- the fine has not been set, the amount.

Senator Jones, I think this is -- this is offered as similar to what the fire protection districts have and the municipal fire departments, where you have -- have -- they do impose civil penalties, fines, to individuals who repeatedly cause fire alarms -- false fire alarms. I think it’s after that, and so, if JCAR wants to put in some rules, I have no problem with that.

PRESIDING OFFICER: (SENATOR WELCH) Senator John Jones.

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

My -- if my memory serves me correct, when I was on the city police department and the sheriff, it was never on the first offense; it was always on a repeatedly -- repeated offense. Second or third. I agree with what you’re saying.

PRESIDING OFFICER: (SENATOR WELCH) Senator John Jones.

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

I’d appreciate an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) 36  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 The question is, shall Senate -- shall House Bill 116 pass. All those in favor, vote Aye. Opposed, 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 57 Members voting Aye, no Members voted No, and none voted Present. House Bill 116, having received the required constitutional majority, is declared passed. Senator Welch now in the Chair. The next bill, House Bill 117. Senate -- Senator Viverito. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Viverito.

Thank you, Mr. President. House Bill 117 creates a new Section in Department of Revenue, Section of Civil Administration Code. This bill exempts the Department-imposed additional requirements under the Department of Revenue and State Fire Marshal. If there’s any questions, I’d be happy to answer them.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing no Member seeking recognition, the question is, shall House Bill 117 -- Senator, you didn’t have your light on. Senator Lauzen.

PRESIDING OFFICER: (SENATOR WELCH) Any further discussion? Seeing none, Senator Viverito, to close.

Yes, Senator, I -- I think he was talking on a few different subject matters, Senator. But according to Representative Smith, House Bill 117 is based on recommendations to the House Task Force on Fire Protection Funding that was co- chaired by Reps Smith and -- and Moffitt. Although they are exempted, the departments and districts are not aware and not -- and are not applying for the exemption. So, I would hope that there would be 59 votes for this. Thank you very much.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 117 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, Madam Secretary. On that question, there are 46 Members voting Yes, 7 voting No, and no Members voted Present. House Bill 117, having received the required constitutional majority, is declared passed. House Bill 120. Senator Shadid. House Bill 121. Senator Demuzio. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Demuzio.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill allows the State Fire Marshal to create an equipment exchange program from which fire departments, township fire departments and fire protection districts can donate equipment and exchange between each other. Supported by the Municipal League and a number of other groups. State Fire Marshal’s neutral. I know of no opposition. Passed the House 117 to nothing. Appreciate your support.

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

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 121 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 55 Members voting Yes, no Members voted No, and none voted Present. House Bill 121, having received the required constitutional majority, is declared passed. House Bill 123. Senator Shadid. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

Thank you, Mr. President. House Bill 123 is identical to Senate Bill 21, which was sponsored by Senator Dillard that passed out of here earlier this year 54 to nothing. This bill 39  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 prohibits the installation or transportation on a motor vehicle of a traffic control signal preemption device. These are the devices that can change a traffic control signal to a green light or extend the duration of a green light. This also prohibits the sale by manufacturers and retailers of these devices. It’s supported by DuPage County, Cook County Department of Highways, DOT, Municipal League, State Police, Chief of Police and other police agencies. I’d appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Member seeking recognition, the question is, shall House Bill 123 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 57 Members voting Aye, no Members voted No, and none voted Present. House Bill 123, having received the required constitutional majority, is declared passed. House Bill 136. Senator Martinez. House Bill 138. Senator Link. House Bill 176. Senator Radogno. House Bill 183. Senator Harmon. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Thank you, Mr. President. House Bill 183 extends the existing quick-take authority for one year of the Grand Avenue Railroad Relocation Authority in Franklin Park. I ask for an Aye vote.

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

PRESIDING OFFICER: (SENATOR WELCH) The -- the question is, shall House Bill 183 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 44 Members voting Yes, 11 voting No, and none voting Present. House Bill 183, having received the required constitutional majority, is declared passed. House Bill 197. Senator Hendon. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Thank you, Mr. President. House Bill 197 is an attempt to do something about lead poisoning. It is -- the frequency of the checks will be done by rules of the Department of Public Health. And I'd ask for an Aye vote.

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

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

No, Senator, I’m not willing to take it out of the record. There was plenty of time and plenty discussion as -- as you said, and to be honest, you did raise these questions. You did raise the issue. The Department was neutral at the time. They had plenty opportunity to be against the bill; they did not. And it is subject to appropriations, so we’re not forcing anyone to do anything. But lead poisoning is very critical throughout the State of Illinois, and especially in my district, and I’d urge an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Well, I think since the fact that the Director -- the new Director has to come through Executive Appointments, and I am the Chairman of that Committee and I’ve let them know that I’m very serious about this, I believe that the Department will act on this. They’re just as concerned as I am about lead poisoning in the community and I’m certain that they will move forward. 42  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 If they decide not to, I will have a conversation with them about that.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Senator, I -- I am yet to unravel the mysteries of the Governor’s budget, as I’m sure a lot of Members of the Senate are having that same -- struggling with that same issue right now, so I really couldn’t tell you.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

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

PRESIDING OFFICER: (SENATOR WELCH) 43  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Senator Hendon.

No, we’re not.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.

Well, Senator, just like you, I’ve seen bills titled one thing and do something totally different. Why it came over from the House in this way may have been - may have been - the fact that at one time they were looking at video rental as a mechanism to get it paid for, but it’s not in the bill now.

PRESIDING OFFICER: (SENATOR WELCH) Any further discussion? Seeing none, Senator Hendon, to close.

I would just appreciate an Aye vote. Whether you started on the softball team yesterday or not, I'd appreciate an Aye vote. Everybody got the chance to play.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 197 pass. All those in - - 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 39 Members voting Yes, 11 voting No, and 4 Members voting Present. House Bill 197, having received the required constitutional majority, is declared passed. House Bill 205. Senator Trotter. House Bill 209. Senator Halvorson. Senator Halvorson. 209. House Bill 210. Senator Demuzio. Senator Demuzio. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Demuzio.

Thank you, Mr. President. This amends the Teacher Certification Article of the School Code regarding standard teaching certificates on their renewal. It says, notwithstanding any -- any other requirements to the contrary, if a Standard Teaching Certificate has been maintained as Valid and Active for the five years of the certificate’s validity and the certificate holder has completed his or her certificate renewal plan before July 1st of 2002, the certificate shall be renewed as Valid and Active. Passed the House 106 to nothing. Came out of committee unanimous. I know of no opposition and will ask for your favorable support.

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

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 210 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 57 Members voting Yes, no Members voted No, and none are voting Present. House Bill 210, having received the required constitutional majority, is declared passed. House Bill 211. Senator Martinez. House Bill 221. Senator Shadid. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

45  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Thank you, Mr. President. House Bill 221 states that unused State property leased by CMS may not be leased at -- at less than sixty percent of the fair market rental value rate unless the Director certifies in writing the reasons for leasing the property at that rate and the rate constitutes fair and adequate compensation. Be glad to answer any questions.

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

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

Senator Lauzen, this bill was put together as a result of what happened in the late hours of our former Governor’s time, when they leased a piece of property in Peoria, Illinois, the Zeller Mental Health Facility, which was appraised at eleven million dollars; it was -- it was leased for a dollar a year for twenty years and that was done without any oversight by the General Assembly, or any rules. It just was done because the Director wanted it done, and the Governor signed off on it.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

PRESIDING OFFICER: (SENATOR WELCH) Senator, you need to turn your light on when you intend to speak. Senator Lauzen.

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

I don’t know if I understand your question, but this bill is a result, as you can tell, of past practices by elected officials who had the authority to either give away, basically, State property with no oversight and no questions asked. I don’t know if that answers your question…

PRESIDING OFFICER: (SENATOR WELCH) Senator Lauzen.

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

I’m not in the real estate property business, but it’s my understanding in talking to Realtors that sometimes you cannot get the fair market value of property that’s appraised. This is a step forward, and I would urge you to present a bill next year -- I'll be more than happy to be a cosponsor - if you want to put a hundred percent on. I’m a -- I’m a firm believer we should be protecting the taxpayers and the money and the property that the taxpayers own. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam.

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

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

Yeah. That’s exactly right and because, one of the reasons was, we didn’t have any legal standing, but it -- that has not been finalized yet. There is some question and there is going to be a court case coming up on this, I think, in the near future.

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

I'd appreciate an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 221 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 57 Members voting Yes, no Members voted No, and none voted Present. House Bill 221, having received the required constitutional majority, is declared passed. House Bill 236. Senator Link. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Terry Link.

Thank you, Mr. President. This amends the Telecommunications Article of Public Utilities Act. It provides that the telecommunications carriers that they -- provide directory assistance service shall provide that -- the service 48  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 for the legally blind customers at no charge. I’ll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Members seeking recognition, the question is, shall House Bill 236 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 -- 56 Members voting Yes, no Members voted No, and none voted Present. House Bill 236, having received the required constitutional majority, is declared passed. House Bill 249. Senator Haine. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.

Yes, Mr. President, Ladies and Gentlemen of the Senate, this bill adds the offense of aggravated battery to anyone -- to a charge which results from anyone assaulting or battering a nurse or a physician in a hospital. It is presently law that a -- a battery of an emergency room personnel is aggravated. This takes it to a nurse anywhere in the hospital, and of course, that means that the State’s attorney does not have to prove great bodily harm. It seems to me, given the vulnerability of these health care providers, it is a reasonable addition to the aggravated battery statute. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Member seeks recognition. The question is, shall House Bill 249 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 56 {sic}(57) Members voting Yes, no Members voted No, and none voted Present. House Bill 249, having received the required constitutional majority, is declared passed. House Bill 263. Senator DeLeo. House Bill 269. Senator Walsh. House Bill 273. 49  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Senator Link. House Bill 274. Senator Martinez. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Martinez.

Yes, Mr. -- Mr. President and Members of the Senate. House Bill 274 establishes the Inclusion of Women and Minorities in the Clinical Research Act to encourage the use of women and minorities as subjects in clinical research projects by entities receiving State funds. And I’m happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Member seeking recognition, the question is -- I’m sorry. Senator Roskam. The question is, shall House Bill 274 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 57 Members voting Yes, no Members voted No, and none are voting Present. House Bill 274, having received the constitutional majority, is declared passed. House Bill 275. Senator Martinez. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Martinez.

Yes, Mr. President. Thank you. Members of the Senate, House Bill 275 requires Department of Human Services, in consultation with Department of Public Health, to conduct a public education campaign concerning folic acid. The campaign must educate women about the benefits of consuming folic acid before and during pregnancy to improve their chances of having a healthy baby and increase the consumption of folic acid by women 50  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 of child-bearing age. Makes it clear the campaign must include data about the sources of folic acid. And I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Member is seeking recognition. The question is, shall House Bill 275 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 56 Members voted Yes, none voting No, and no Members voted Present. House Bill 275, having -- having received the required constitutional majority, is declared passed. House Bill 277. Senator Link. House Bill 293. Senator Martinez. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Martinez.

Thank you, Mr. President. Again, House Bill 293 was on an Agreed Bill List. It just -- all it is, is amends the Illinois Act on Aging regarding Community Care Program. All financially eligible applicants and recipients of services of the Community Care Program must apply for Medicaid. And I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) There any discussion? No Member seeks recognition. The question is, shall House Bill 293 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 57 Members voting Yes, no Members voted No, and none voted Present. House Bill 293, having received the required constitutional majority, is declared passed. House Bill 298. Senator Larry Walsh. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 298 amends the Illinois Vehicle Code in regards to abandoned vehicles. Basically, all this does is say that the owner, instead of the driver, of a vehicle is responsible for paying fines, charges and costs on an abandoned vehicle and may be penalized for the failure to do so. I know of no opposition and ask for a favorable vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Member seeks recognition. The question is, shall House Bill 298 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 57 Members voting Yes, no Members voted No, and no Members voted Present. House Bill 298, having received the required constitutional majority, is declared passed. House Bill 300. Senator Larry Walsh. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 300 amends the County Code in regards to electronic access to public records. Basically, House Bill is a joint initiative of the Metro Counties and the County Clerks and Recorders Association. We have been working on this legislation for a number of years and now that has basically become an agreed bill. In fact, the former opponents of the bill, the Illinois State Bar Association, the Illinois Press Association, actually provided the final text for the bill. What we’re doing here is the fact that there’s a great demand for providing 52  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 additional Internet access to public records, there’s been no way to pay for it. Basically what this bill does, is it’s going to put together the -- the opportunity that if groups that need information from our recorders and county clerks, that they will be able to get it off of the Internet. The fees may only be charged for providing information in bulk or compiled form. The average taxpayer does not need to fear going to the Internet and trying to get information and have to pay for it. The legislation makes no changes in the Freedom of Information Act and does not in any way restrict the public’s right to get information. In fact, this legislation will speed up the access, provide more information, as well as the tools to better understand the information. I'd be willing to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Member seeks recognition. The question is, shall House Bill 300 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 51 Members voting Yes, 4 Members voting No, and 1 Member voting Present. House Bill 300, having received the required constitutional majority, is declared passed. House Bill 312. Senator Harmon. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Thank you, Mr. President. House Bill 312 is identical, as amended, to Senate Bill 382, which I sponsored earlier this Session. It corrects a -- a technical error in the Criminal Code regarding the unlawful purchase of a firearm. If you recall, there were some -- there was a glitch in the sentencing provisions that allowed someone who committed the offense but didn’t actually purchase the gun to escape the -- the -- the 53  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 mandated penalties. This bill corrects that. I ask for an Aye vote.

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

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

PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.

Yes, Senator. Unlawful purchase of a firearm, the offense itself is defined as the actual or attempted purchase of a firearm either by submitting false information or with the intent to transfer that firearm to a person who did not have the legal right to buy it. However, in the sentencing, the language suggested that the -- the felony designations were only applicable if someone actually purchased the weapon. The offense itself is the actual or attempt. It’s not the same as murder or armed robbery where we have an offense and an attempted offense.

PRESIDING OFFICER: (SENATOR WELCH) Senator Petka.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? Senator Harmon, to close.

I'd ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 312 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 37 Members voting Yes, 20 voting No, no Members voting Present. House Bill 312, having received the required constitutional majority, is declared passed. House Bill 313. Senator Shadid. House Bill 318. Senator Jacobs. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 318 makes it unlawful to sell, give away or display tobacco products for sale at any location where the consumer can acquire those products through self-service. It exempts the sale of -- of tobacco products from vending machines if the vending machines are located in places authorized under the Sale of Tobacco to Minors Act. We did put an amendment on 55  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 which establishes two separate criteria for determining where tobacco products may be located in an establishment. One is “under the control” and, two, “within the line of sight”, meaning within reach of the cashier and visible to a cashier or other employees respectively. This come out of the Executive Committee unanimously. I ask for an Aye vote.

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

Thank you, Mr. President. Out of respect to the sponsor, I move the previous question.

PRESIDING OFFICER: (SENATOR WELCH) There are no Members seeking recognition. The -- the question is, shall House Bill 318 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 57 Members voting Yes, no Members voted No, and none are voting Present. House Bill 318, having received the required constitutional majority, is declared passed. House Bill 336. Senator Haine. House Bill 345. Senator Dillard. House Bill 385. Senator Halvorson. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson.

Thank you, Mr. President, Members of the General Assembly. House Bill 385 amends the Illinois Vehicle Code, and this is regarding “Scott’s Law” that was passed last year. What we did was we put a maximum penalty of ten thousand dollars on there but we never put a minimum penalty. So this bill establishes a minimum penalty so that people would have to appear in court.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Members seek recognition. Therefore, the question is, shall House Bill 385 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is 56  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members are voting Yes, no Members voted No, and no Members are voting Present. House Bill 385, having received the required constitutional majority, is declared passed. House Bill 407. Senator Haine. Read the bill, Mr. Secretary

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.

Yes, Mr. President, Ladies and Gentlemen of the Senate. This proposed bill, House Bill, amends the Downstate Firefighter Article in the Pension Code. Apparently what has happened is, when a municipality annexes a fire district and, in such a -- a situation, a municipality’s firefighter pension fund is dissolved - the affected firefighters become members of the fire protection district’s pension plan - current law does not specify what shall happen to the assets and the liabilities of the defunct municipal firefighter pension fund. This bill resolves this. It’s an initiative of the Associated Fire Fighters of Illinois and the Professional Firefighters Association. I ask for an Aye vote.

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

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 407 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 56 Members voting Yes, no Members voting No, and no Members are voting Present. House Bill 407, having received the required constitutional majority, is declared passed. House Bill 414. 57  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Senator Schoenberg. House Bill 430. We’ll pass that one. House Bill 462. Senator Link. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Thank you, Mr. President. This amends the District Act to allow that the District Board of Commissioners, by a two-thirds vote of all of its members, to transfer fund balances between its two Working Cash Funds. Be more than happy to answer any questions.

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

PRESIDING OFFICER: (SENATOR WELCH) Thank you.

PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Well, my understanding of what this is, is basically so that they don’t have to go out to sell these bonds and basically cost the taxpayers more money by selling outside. If the cash 58  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 flow gets down where they would have to sell these bonds outside, that they could take it out of one of the established of the two Working Cash Fund bonds, which one is at a higher level, take it out of that Working Cash Fund, use it, and never go over that limit that they have already established since 1995 at a -- a cash bond level of a construction tax cap fund, stay at that level and just work off of that other fund. That’s basically what it’s for right now.

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

My -- best explanation here is one is a construction Working Cash Fund balance and one is a corporate Working Cash Fund balance, and that’s the two funds that they have right now, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR WELCH) Senator Link.

Basically, in -- Senator, in 1980 these funds were established when their -- their one fund was decreased and they had to go out to the bank and take short-term loans that cost the taxpayers money at an interest level, and they established these two separate funds at that time. They kept both of the working funds at that time to save the taxpayers money at that time. That’s the -- the explanation that I have on here. It’s a -- a savings to the taxpayers. In 1995 they kept with the tax cap that these were a limit at the level that each fund could not exceed. One of these is a working fund that will not -- that is continuously kept at a lower level so that when it’s needed money, they just basically borrow from themselves and keep that fund existent to keep the savings to the taxpayers. That’s basically what it is. And they’re just allowing themselves to borrow from themselves, is what it really is. That’s all this is with a two-thirds vote from the commissioners.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? No Member seeking recognition, Senator Link, to close.

I would just ask for affirmative vote.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 462 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 41 Members voting Yes, 14 Members voted No, and no Members voted Present. House Bill 462, having received the required constitutional majority, is declared passed. Senator Obama, for what purpose do you rise?

Point of personal privilege, Mr. President. 60  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003

PRESIDING OFFICER: (SENATOR WELCH) State your point.

I would like to announce that we have Alex Wiley, Jada Cunningham and Justin Cunningham from Skinner Elementary School. They are here to study the workings of the Illinois Senate, and if you guys don’t behave yourselves, they may be going after your seats sometime soon. In the meantime, can the Senate please give them a warm Senate welcome?

PRESIDING OFFICER: (SENATOR WELCH) Welcome to the Senate. Thanks for coming down here. House Bill 468. Senator DeLeo. House Bill 495. Senator Garrett. Page -- top of page 28. House Bill 406. Senator Collins. 506. Excuse me. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Collins.

Thank you, Mr. President and Members of the Senate. House Bill 506 provides that in court, if the State presents evidence that an offense committed by a defendant was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant’s membership in the allegiance -- in or allegiance to an organized gang and the court determines that the evidence may be substantiated, the court shall prohibit the defendant from associating with other members of the organized gang as a condition of bail or release. This bill is supported by the Fraternal Order of Police, Cook County State’s Attorney and the Illinois State’s Attorneys Association. I would appreciate an affirmative vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Members are seeking recognition. The question is, shall House Bill 506 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 61  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 are 57 Members voting Yes, no Members voted No, and none are recorded as Present. House Bill 506, having received the required constitutional majority, is declared passed. House Bill 514. Senator Emil Jones. House Bill 515. Senator Roskam. House Bill 524. Senator Cullerton. House Bill 525. Senator Haine. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.

Yes, sir. Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative of the Cook County State’s Attorney’s Office. It authorizes the release of an individual’s address or location by the employment -- location of employment by the Department of Pubic Aid or the Department of Employment Security to a -- a State’s attorney or one of his or her investigators, who are commissioned peace officers, for the sole purpose of ascertaining the current location of a witness or a victim of a felony. Very limited. These two agencies are mandated to give that information if there’s an active warrant. They also give it to various other State agencies for various good causes. And -- and the State’s Attorney’s Office has an unbelievable backlog of subpoenas because they can’t locate crime victims and witnesses. This is -- be a great step forward and I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Member seeks recognition. The question is, shall House Bill 525 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 56 Members voting Yes, no Members voting No, and none are recorded as Present. House Bill 525, having received the required constitutional majority, is declared passed. House Bill 526. Senator Walsh. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh.

Thank you, Mr. -- thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 526 amends the County Codes {sic} in regards to access to records via the Internet. Basically what we’re saying is that fees collected by the county board of any county for filing instruments, papers, or notices of -- of record may be used to defray the cost of providing access to records through the Internet. The county board of any county which maintains a countywide map through a Geographic Informational System may use the fee charged for filing instruments, papers, or notices, etcetera, for the cost of providing electronic access to the GIS records. We are not increasing fees. We are not putting any new fees out there. Basically just use -- broadening the -- the use of the fees that we currently collect. I know of no opposition.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Members are seeking recognition. Therefore, the question is, shall House Bill 526 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 55 Members voting Yes, 1 Member voted No, and no Members voted Present. House Bill 526, having received the required constitutional majority, is declared passed. House Bill 527. Senator Walsh. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh.

Thank you, Mr. President, Members of the Senate. House Bill 527 again amends the Property Tax Code in regards to the 63  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 access of records via the Internet. Basically, what we are saying here, as amended, the bill allows the funds collected from the purchase of the property for delinquent taxes shall defray the cost of providing the electronic access to the property tax collection records and delinquent tax sales. I know of no opposition. This is a issue that has been brought forth from the County Clerks and Recorders Association.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 527 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 55 Members voting Yes, 1 voting No, and no Members voted Present. House Bill 527, having received the required constitutional majority, is declared passed. House Bill 528. Senator Walsh. Read the bill -- I’m sorry. Take it out of the record. House Bill 521 {sic}. Senator Clayborne. House Bill 538. Senator Cullerton. House Bill 544. Senator Demuzio. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Demuzio.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill, as I understand it, synchronizes the Fire Protection District Act and the Governmental Accounting Auditing Act {sic}. The bill sets a limit -- single limit for revenues above which the fire districts are required to file an annual audit report. Below that, smaller districts have only to file a financial report with the Comptroller. The change simply changes the reporting requirements for approximately a hundred and seventy-five smaller districts, each of which is expected to save two thousand to three thousand dollars in annual auditing expenses. Passed the House 112 to nothing, committee unanimous. Ask for your support.

PRESIDING OFFICER: (SENATOR WELCH) 64  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Is there any discussion? No Members are seeking recognition. Therefore, the question is, shall House Bill 544 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, 57 Members are voting Yes, none are voting No, and no Members are voting Present. House Bill 544, having received the required constitutional majority, is declared passed. House Bill 548. Senator Martinez. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Martinez.

Thank you, Mr. President. House Bill 548 amends the Illinois Pesticide Act. Provides criminal penalties for retailers and wholesalers who distribute or sell pesticides that have never been registered with the U.S. EPA or for which the registration has been canceled or suspended by the U.S. EPA.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Members seek recognition. Therefore, the question is, shall House Bill 548 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 57 Members voting Yes, no Members voted No, and none vote Present. House Bill 548, having received the required constitutional majority, is declared passed. House Bill 553. Senator Haine. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.

65  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Yes. Mr. President and Ladies and Gentlemen of the Senate, the Senate Amendment No. 1 becomes the bill. This is a technical change. Has the effect of changing the criteria that a judge will use after an extended juvenile prosecution to determine whether a minor shall be sentenced as an extended jurisdiction juvenile prosecution offender in that case that a minor is convicted of a lesser included offense or an offense that the State’s Attorney did not designate as -- as an offense. For example, certification for murder, being convicted of a lesser included.

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

PRESIDING OFFICER: (SENATOR WELCH) Illuminate you?

PRESIDING OFFICER: (SENATOR WELCH) You are correct, sir. The amendment is still in Rules. This is a vehicle bill. Senator Haine.

I beg your pardon, Mr. President. The Senator is correct. We’ll take it out of the record.

PRESIDING OFFICER: (SENATOR WELCH) Take it out of the record, Mr. Secretary. Page 29. We are skipping the Emil Jones bills. …Crotty, for what purpose do you rise?

Thank you, Mr. President. I rise on a point of personal privilege.

PRESIDING OFFICER: (SENATOR WELCH) State your point.

66  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 I'd like to welcome and ask everyone else to share that welcome with me with the Mayor of Richton Park, who’s here visiting Springfield. So, it’s nice to see you.

PRESIDING OFFICER: (SENATOR WELCH) Welcome to the Senate. House Bill 560. Senator Hunter. We are going to skip down to House Bill 567. Senator Haine. We’re skipping the Emil Jones sponsored bills. We are now going to page 36 of your Calendar. House Bill 684. Senator Link. Senator Terry Link. House Bill 684. House Bill 685. Senator Link. House Bill 686. Senator Jones. On page 37. House Bill 703. Senator Crotty. 703. We’re passing by the Emil Jones. On page 40, middle of the page. House Bill 760. Senator Crotty. House Bill 761. Senator Crotty. Page 46 on your Calendar. House Bill 862. Senator Link. Senator Link. House Bill 862. House Bill 865. Senator Demuzio. Page 48. House Bill 891. Senator Cullerton. Page 53. House Bill 975. Senator Garrett. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Yeah. I just wanted to make sure, I have an amendment that will -- this is a shell bill. I just wanted to clarify that. So let’s hold off and I’ll come back.

PRESIDING OFFICER: (SENATOR WELCH) Out of the record. On page 57. House Bill 1031. Senator Crotty. All right. On page 60 of your Calendar, House Bill 1087. Senator Crotty. House Bill 1087. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Crotty, on House Bill 1087.

67  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 1087 creates a new Section on the aging family caregiver assistance program under the Illinois Act on Aging. It provides the Department must establish and administer a program to provide financial assistance to Illinois residents age sixty or older who are the primary caregivers to one or more family members who are developmentally disabled. It further provides the Department must adopt rules necessary for the implementation of this Section, including the establishment of additional eligibility.

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

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

PRESIDING OFFICER: (SENATOR WELCH) Senator Crotty.

As I read the bill, it is -- it’s -- it is not subject to appropriation. It is a -- it is a program.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Crotty.

It probably is not in the -- in the Governor’s budget. 68  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Crotty.

There is no -- there is no fiscal note and I had asked the same thing, but it depends on how many persons sixty years or older that would fit into the criteria that the Department would write on how much assistance would be given. But I do want to add -- and I thank you very much. We’ve -- we’ve discussed this quite a bit and I’ve gone over to the House sponsor and I’ve gotten notes from Republican staff on some talking points. But as you know, I’ve worked with persons with disabilities in my prior time and I’ve run across a lot of parents who are starting to age out. And with this program, it helps them keep their family member at home. I would like to -- you know, never like to try to figure the cost of these aging parents having to put their family member into an institution.

PRESIDING OFFICER: (SENATOR WELCH) Senator…

That would cost us quite a few dollars.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Crotty.

Well, I would hope that in passing this legislation -- of course, the Governor has the ability to veto it, but, in fact, if he and -- and those that are working on the budget look this over and realize that this would be really a cost-saving measure in comparison to those residents having to go into an institution, then this program is there for -- for his liking.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Crotty.

Well, in doing that we would be starting something new. It would be a brand-new program, because right now the Home-based Program isn’t set up for that. So there would be no difference in adding that to the home-based or having it a separate bill as this one is, because you’re still starting a new program. The 70  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 only thing is, right now you have a waiting list, and this clientele, the aging parent, is not even in the Home-based Program. That’s really the genesis for this bill. But thank you very much, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.

PRESIDING OFFICER: (SENATOR WELCH) Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR WELCH) 72  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Senator Risinger.

PRESIDING OFFICER: (SENATOR WELCH) Indicates she’ll yield.

PRESIDING OFFICER: (SENATOR WELCH) Senator Crotty.

I’m told that they were neutral.

PRESIDING OFFICER: (SENATOR WELCH) Senator Risinger.

PRESIDING OFFICER: (SENATOR WELCH) Senator Crotty.

I’m sorry. My analysis says that they’re neutral. So is the Department of Human Services. I don’t think -- there are no opponents.

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

Thank you. I just ask for a favorable vote. Thanks.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 1087 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 37 Members voting Yes, 10 Members voting No, and 9 Members voting Present. House Bill 1087, having received the required constitutional majority, is declared passed. House Bill 1089. Senator Clayborne, for what purpose do you rise?

73  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 A point of personal privilege.

PRESIDING OFFICER: (SENATOR WELCH) State your point, Senator.

Mr. President, to my right or behind me I have Lee Coleman, a friend of mine, who’s also the President of the Black Chamber of Commerce, in East St. Louis, and I'd like for the Senate to welcome him.

PRESIDING OFFICER: (SENATOR WELCH) Welcome to the Senate, Mr. Coleman. Thank you for coming. House Bill 1089. Senator DeLeo. House Bill 1091. Senator DeLeo. House Bill 1096. Senator Sieben. Senator Sieben. Hold on one second, Senator. Senator Wojcik, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR WELCH) State your point, Senator.

PRESIDING OFFICER: (SENATOR WELCH) Well, welcome, Ms. Klek, to Springfield. Thank you for coming. I’m sorry. Senator Sieben, on House Bill 1096. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Sieben.

PRESIDING OFFICER: (SENATOR WELCH) 74  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Is there any discussion? No Member seeks recognition. Therefore, the question is, shall House Bill 1096 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, 46 Members are voting Yes, 5 Members are voting No, and 2 Members are voting Present. House Bill 1096, having received the required constitutional majority, is declared passed. House Bill 1103. Senator Garrett. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Thank you, Mr. President. House Bill 1103 is subject to appropriation and it allows DHS to make grants to special recreation associations for the operation of recreational programs for the handicapped including both the physically and mentally handicapped, and transportation to and from those programs. The grants must target unserved or underserved populations, such as persons with brain injuries, persons who are medically fragile, and adults who have developmental -- disabling conditions.

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

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? If not, Senator Garrett, to close.

75  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 Thank you. This -- while this is subject to appropriation, it’s really an important bill for so many of the special recreation districts in the State, and I would ask for a Yes vote. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 1103 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, 55 Members are voting Yes, no Members are voting No, and 2 Members are voting Present. House Bill 1103, having received the required constitutional majority, is declared passed. House Bill 118. Senator Maloney. 1118. House Bill 1119. Senator Garrett. House Bill 1121. Senator John Jones. Read the bill, Mr. Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator John Jones.

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

Thank you, Mr. President. To the bill. I think Senator Jones has done a good job on putting this -- putting this checkoff together. As he says, it’s a volunteer checkoff. Even 76  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 if the horse owners participate, it is not going to be that much coming out to go to a very good cause. In committee that day, we had people there that talked about what this program has done for children and adults alike that have disabilities and the capability of them to participate and -- and horseback ride have been -- have been great. So, I urge this side to give a affirmative vote.

PRESIDING OFFICER: (SENATOR WELCH) There being no further Members seeking recognition, the question is, shall House Bill 1121 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 57 Members voting Yes, no Members voted No, and no Members voted Present. House Bill 1121, having received the required constitutional majority, is declared passed. Messages, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Madam Secretary, do you have any motions on file?

PRESIDING OFFICER: (SENATOR WELCH) We -- please place the motion on the Calendar. Middle of page 61. House Bills 3rd Reading. House Bill 1150. Senator Terry Link. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Terry Link.

Thank you, Mr. President. This removes the exemption from surcharge notice requirements at the point of sale of terminals. I'll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Any discussion? No Member seeking recognition. Therefore, the question is, shall House Bill 1150 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 56 Members voting Yes, 1 Member voted No, and no Members are voting Present. House Bill 1150, having received the required constitutional majority, is declared passed. House Bill 1161. Senator Brady. House Bill 1185. Senator Brady. Read the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Brady.

PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? No Members seek recognition. Therefore, the question is, shall House Bill 1185 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is 78  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Members voting Yes, no Members voted No, and no Members voted Present. House Bill 1185, having received the required constitutional majority, is declared passed. House Bill 1186. Senator Shadid. …the bill, Madam Secretary.

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

Thank you, Mr. President. House Bill 1186 adopts a uniform speed limit for cars and trucks on rural interstate highways in Illinois. Be glad to answer any questions if I can.

PRESIDING OFFICER: (SENATOR WELCH) There any discussion? Senator Luechtefeld.

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

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

If I might answer it. Truck speed limits in states neighboring to Illinois are all higher. Last summer the AAA Foundation released a study that stated the potential for an increase in accidents involving cars and trucks occurs when states impose split speed limits due to increased lane changes 79  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 and a disproportionate number of rear-end accidents. And if the trucks go seventy or seventy-five, the cars will probably go seventy-five or eighty.

PRESIDING OFFICER: (SENATOR WELCH) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

I -- I don’t know how fast they’re going to drive. I do know this, that I go sixty-five. I always follow the speed limit and everybody’s passing me. And I’m not a policeman anymore and I -- so I ignore them.

PRESIDING OFFICER: (SENATOR WELCH) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

I don’t think I can agree to that.

PRESIDING OFFICER: (SENATOR WELCH) Senator Risinger.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

Will the sponsor yield, please? 80  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003

PRESIDING OFFICER: (SENATOR WELCH) He indicates he will yield, Senator.

Senator, in your legislation, you have described the roads that these truckers who are driving sixty-five miles an hour, you described them as interstate rural highways. Can you describe to me or explain to me what -- what exactly that means and where are those highways? And how do we know the difference between an interstate rural highway and a regular State highway? Are there markings on these highways?

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

Yeah. Chicago, Cook County, DuPage County and portions of Peoria, Vermilion, Lake, Will, Madison and St. Clair Counties are not affected by this, and the highways are posted when it’s a reduced speed limit, like they are presently posted.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

So, is there a definition for interstate rural highways in the IDOT code book?

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

There is in current law and IDOT posts the speed limits when they are appropriate.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

So there is no -- no description of an interstate rural highway. Correct?

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

This affects rural interstates.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

81  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 I -- I think we’re -- we’re in dangerous territory when we are making distinctions on speed limits and referring to language that does not exist in any kind of transportation code currently in the State of Illinois. I believe that once we start distinguishing in certain areas what the speed limit can be, whether it be sixty-five miles an hour in one area of the State and then fifty-five in another area of the State, not only is it confusing for the truckers, it’s extremely confusing for people who are driving their cars. This has nothing to do with trucks at all, but I -- I believe that we are doing something that we should not be doing because I don’t think there’s any legal precedent for doing it. Secondly, I think that to say that -- that cars and trucks should be going the same speed limit is an unusual phenomena. You and I all drive down 55. We know how dangerous it is to be side by side with those trucks going sixty-five or seventy-five miles an hour. I think we should keep the speed limits separate and make sure that truckers are going at least a minimum of ten miles an hour less than our regular vehicles in the State.

PRESIDING OFFICER: (SENATOR WELCH) Senator John Jones.

PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? Seeing that no Members seek recognition, Senator Shadid, to close.

Yes. If I might just try to answer some questions. Whatever is listed or posted at fifty-five mile an hour in Illinois will stay posted at that speed, regardless of whether we pass this or not. We will be the forty-first state in the country to adopt the uniform sixty-five-mile-per-hour speed limit on interstate highways located away from the more congested metropolitan areas, which will remain at fifty-five mile per hour. I'd appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett’s name was used in debate. Senator Garrett.

Will the sponsor yield again? I -- I think here -- what you just said was that the -- the speed limit signs will not change when they’re posted fifty-five miles an hour. In your bill they will change in certain areas of the State. They won’t change? Then it’s even more confusing. I -- I…

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid, I’m sorry.

It’s posted today at fifty-five mile an hour. It’s posted in the urban areas right now on -- on interstate highways. It will stay posted at fifty-five whether we pass this or not. If we pass it, it still stays at fifty-five wherever there’s an urban interstate highway.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

83  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003 I guess I need clarification. Then on these rural State highways, even though there’s no definition for a rural State highway, we are going to have signs that state the trucks can go the same speed limit as cars? Those signs will change?

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid.

Wherever it’s posted sixty-five, it’ll be -- or, I mean, sixty-five for cars, it will be posted sixty-five for trucks.

PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett.

I -- I have to say, I think, again, legally this may be a national initiative but the State of Illinois does not have definitions. It’s unclear how this is going to work and most of all I think it’s going to be very, very confusing for the drivers in this State, both the truckers and the vehicle driver.

PRESIDING OFFICER: (SENATOR WELCH) Senator Shadid, do you wish to close again? Senator Shadid. Senator Shadid, do you wish to close again?

Yes, I do. Please vote Aye. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) Thank you. The question is, shall House Bill 1186 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 45 Members voting Yes, 9 voting No, and 1 Member voting Present. House Bill 1186, having received the required constitutional majority, is declared passed. Madam Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR WELCH) Ladies and Gentlemen, we’re going to have committee announcements. There are a number of committees meeting tomorrow. We will not come in until 5:30, so you should listen up to these committees. The first committee to meet at 9 o’clock will be Appropriations I and II. The committee chairmen are going to make announcements about their meetings tomorrow afternoon beginning at 12:00 and going through meetings starting at 3:30. So please pay attention. Senator del Valle.

Thank you, Mr. President. The Senate Education Committee will meet tomorrow at 1 o’clock in Room 212.

PRESIDING OFFICER: (SENATOR WELCH) Education at 1 o’clock. Senator Haine.

Mr. President, the Local Government Committee will meet at 1 p.m. in A-1. Thank you.

PRESIDING OFFICER: (SENATOR WELCH) All right. Insurance and Pensions will not meet then at 1. At 2 o’clock. Senator Cullerton? Senator Cullerton’s committee will meet at 2 o’clock in Room 400. Judiciary, 2 o’clock in Room 400. Senator Shadid.

Thank you. For an announcement: Transportation’s at 2 o’clock, A-1.

PRESIDING OFFICER: (SENATOR WELCH) Transportation, 2 o’clock in A-1. Senator Clayborne.

Thank you, Mr. President. The Environment and Energy Committee will meet tomorrow at 3:30 in Room 212. Again, 3:30 in Room 212. 86  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day 5/7/2003

PRESIDING OFFICER: (SENATOR WELCH) Senator Obama.

…President. Purposes of announcement. The Health and Human Services Committee will meet in Room 400 at 3:30. Room 400, 3:30.

PRESIDING OFFICER: (SENATOR WELCH) Senator Larry Walsh.

Thank you, Mr. President. The Agriculture and Conservation Committee will meet at 3:30 in Room A-1.

PRESIDING OFFICER: (SENATOR WELCH) Senator Terry Link.

Thank you, Mr. President. Revenue Committee will meet at 12 noon in Room 400.

PRESIDING OFFICER: (SENATOR WELCH) Ladies and Gentlemen, that is all of the committee announcements. I’m sorry. Senator Silverstein, I don’t have you on my list.

Senate Executive Committee will meet at noon at -- in Room 212 tomorrow.

PRESIDING OFFICER: (SENATOR WELCH) Executive at noon in Room 212. Anyone else? No. There being no further business to come before the Senate the Senate will stand adjourned until the hour of 5:30 p.m., 5:30 tomorrow night, on Thursday, May 8th, 2003. The Senate stands adjourned. 87