PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 93rd General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the gallery please rise? Today the invocation will be given by Dr. Roger Rominger, The First United Methodist Church, of Springfield, Illinois. Dr. Rominger.
(Prayer by the Reverend Dr. Roger Rominger)
PRESIDING OFFICER: (SENATOR DeLEO) Senator Link, for the Pledge of Allegiance.
(Pledge of Allegiance, led by Senator Link)
PRESIDING OFFICER: (SENATOR DeLEO) Please be seated, our guests in the gallery. Reading and Approval of the Journal. Senator Woolard.
Mr. President, I move that the reading and approval of the Journals of Thursday, May 8th; Friday, May 9th, in the year 2003, be postponed, pending arrival of the printed Journals.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Woolard moves to postpone the reading and approval of the Journal, pending the arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions, please.
Senate Resolution 149, offered by Senator Shadid and all Members. And Senate Resolution 150, offered by Senator Dillard and all Members. They’re both death resolutions.
PRESIDING OFFICER: (SENATOR DeLEO) Resolutions Consent Calendar. On page 73 of the Calendar is the Order of House Bills 2nd Reading. House Bill No. 6. Senator Obama. Out of the record. …like to ask all Members, all Members, to please come to the Senate Floor. We are now in Session. We’re doing House Bills 2nd Reading. We’ll be going to 3rd Reading as soon as we go through this order. So we’d like, all Members please come to the Floor. House Bills 2nd Reading. House Bill 43. Senator Crotty. Out of the record. 1 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 House Bill 44. Senator Schoenberg. Out of the record. House Bill 76. Senator Wojcik. Out of the record. House Bill 81. Senator Trotter. Donne Trotter. Out of the record. House Bill 88. Senator Collins. Senator Jacqui Collins. Out of the record. House Bill 186. Senator Dillard. Out of the record. Ladies and Gentlemen, on the page -- top of page 74, House Bills 2nd Reading. House Bill 199. Senator Obama. Out of the record. House Bill 200. Senator Obama. Out of the record. House Bill 207. Senator Trotter. Out of the -- Senator. Oop! Madam Secretary, would you read the bill, please? House Bill 207. Senator Trotter.
House Bill 207. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 223. Senator Obama. Out of the record. Senator -- House Bill 264. Senator Larry Walsh. Madam Secretary, read the bill. I’m sorry. Out of the record. House Bill 276. Senator Schoenberg. Out of the record. 294. Senator Trotter. House Bill 294. Out of the record. House Bill 405. Senator Clayborne. James Clayborne. Out of the record. 416. Senator Obama. House Bill 416. House Bill 496. Senator Larry Walsh. Madam Secretary, read the bill, please.
House Bill 496. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 497. Senator Trotter. Madam Secretary, read the bill.
House Bill 497. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 2 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 3rd Reading. Skip 764. Skip 836. 1079. Skip 1088. 1165. Senator Trotter, on House Bill 1165, sir. Madam Secretary, read the bill.
House Bill 1165. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 1178. Senator Larry Walsh. 1178, sir. Out of the record. 1179. Out of the record. 1191. House Bill 1191. Senator Haine. Out of the record. Senator -- House Bill 1251. Senator Haine. Out of the record. 1373. Senator Dillard. Out of the record. House Bill 1382. Senator Garrett, on House Bill 1382. Out of the record. 1434. House Bill 1434. Senator Haine. House Bill 1458. Senator Larry Walsh. Out of the record. Senator -- 1462. House Bill 1462. Senator Link. Out of the record. House Bill 1480. Senator Don Trotter. Out of the record. House Bill 1482. Senator Link. Madam Secretary, read the bill.
House Bill 1482. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 1514. Senator Link. Out of the record. Ladies and Gentlemen, on the page -- top of page 76, we’ll continue with House Bills 2nd Readings. House Bill 1729. Senator Clayborne. James Clayborne. Out of the record. House Bill 2200. Senator Clayborne. Out of the record. House Bill 2221. Senator Carol Ronen. Out of the record. House Bill 2265. Senator Clayborne. Out of the record. House Bill 2268. Senator Obama. Out of the record. House Bill 2280. Senator Carol Ronen. Out of the record. House Bill 2329. Senator Lightford. Out of the record. 2332. Senator Lightford. Out of the record. House Bill 2345. Senator Schoenberg. Out of the record. House Bill 2350. Senator Meeks. Senator James Meeks. Out of the record. House Bill 2391. Senator Don Trotter. 3 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 House Bill 2391, sir. Out of the record. House Bill 2478. Senator Hendon. Out of the record. House Bill 2524. Senator Kirk Dillard. Out of the record. Ladies and Gentlemen, on page -- top of page 77. We’ll have -- with leave of the Body, we’ll go back to House Bill 2478. Senator Hendon. I’m sorry, sir. I didn’t see you on the -- back on the phone. Madam Secretary, read the bill.
House Bill 2478. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Okay. Top of page 77, House Bills 2nd Reading. We’ll continue. House Bill 2526. Senator Welch. Madam Secretary, read the bill.
House Bill 2526. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2549. Senator Maloney. Out of the record. House Bill 2663. President Emil Jones. Senator Jones? Madam Secretary, read the bill.
House Bill 2663. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Senator Jones, on 2664, sir. Read the bill.
House Bill 2664. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 4 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 3rd Reading. House Bill 2668. Madam Secretary, read the bill.
House Bill 2668. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. 2669. Read the bill, Madam Secretary.
House Bill 2669. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. 2671. Madam Secretary, read the bill.
House Bill 2671. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. 2672. Madam Secretary, please read the bill.
House Bill 2672. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. 3rd Reading. 2673. Madam Secretary, read the bill.
House Bill 2673. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. 2674. Madam Secretary, please read the bill. 5 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
House Bill 2674. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Madam Secretary, 2678. Please read the bill.
House Bill 2678. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2680. Madam Secretary, please read the bill.
House Bill 2680. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2681. Madam Secretary, please read the bill.
House Bill 2681. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2682. Madam Secretary, please read the bill.
House Bill 2682. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2685. Madam Secretary, please read that bill. 6 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
House Bill 2685. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2686. Madam Secretary, please read the bill.
House Bill 2686. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2688. Madam Secretary, please read the bill.
House Bill 2688. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2691. Madam Secretary, please read the bill.
House Bill 2691. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Ladies and Gentlemen, on -- top of page 78, we’ll continue with House Bills 2nd Reading. House Bill 2693. Madam Secretary, please read the bill.
House Bill 2693. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 7 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 3rd Reading. House Bill 2696. Madam Secretary, please read the bill.
House Bill 2696. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2697. Madam Secretary, please read the bill.
House Bill 2697. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. 2698. Madam Secretary, please read the bill.
House Bill 2698. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2700. Madam Secretary, please read the bill.
House Bill 2700. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2704. Madam Secretary, please read the bill.
House Bill 2704. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 8 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 3rd Reading. On House Bills 2nd Reading, 2705. Madam Secretary, please read the bill.
House Bill 2705. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2708. Madam Secretary, please read the bill.
House Bill 2708. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2714. Madam Secretary, please read the bill.
House Bill 2714. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2716. Madam Secretary, please read the bill.
House Bill 2716. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2718. Madam Secretary, please read the bill.
House Bill 2718. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 9 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2719. Madam Secretary, please read the bill.
House Bill 2719. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2721. Madam Secretary, please read the bill.
House Bill 2721. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2726. Madam Secretary, please read the bill.
House Bill 2726. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2730. Madam Secretary, please read the bill.
House Bill 2730. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2735. Madam Secretary, please read the bill.
House Bill 2735. (Secretary reads title of bill) 10 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2739. Madam Secretary, please read the bill.
House Bill 2739. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, page 79 of the Calendar. We’ll continue with House Bills 2nd Reading. Top of page 79, we’ll continue. House Bill 2741. Madam Secretary, please read the bill.
House Bill 2741. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2742. Madam Secretary, please read the bill.
House Bill 2742. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2743. Madam Secretary, please read the bill.
House Bill 2743. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2744. Madam Secretary, please read the bill. 11 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
House Bill 2744. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2745. Madam Secretary, please read the bill.
House Bill 2745. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2746. Madam Secretary, please read the bill.
House Bill 2746. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2747. Madam Secretary, please read the bill.
House Bill 2747. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2749. Madam Secretary, please read the bill.
House Bill 2749. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 12 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 3rd Reading. House Bill 2750. Madam Secretary, please read the bill.
House Bill 2750. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2751. Madam Secretary, please read the bill.
House Bill 2751. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2753. Madam Secretary, please read the bill.
House Bill 2753. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2756. Madam Secretary, please read the bill.
House Bill 2756. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2758. Madam Secretary, please read the bill.
House Bill 2758. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 13 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2759. Madam Secretary, please read the bill.
House Bill 2759. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2761. Madam Secretary, please read the bill.
House Bill 2761. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2762. Madam Secretary, please read the bill.
House Bill 2762. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2763. Madam Secretary, please read the bill.
House Bill 2763. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. On the bottom of page 79, continuing with House Bills 2nd Reading, House Bill 2902. Senator Dillard. Senator Kirk Dillard, on House Bill 2902. Out of the record. Ladies and Gentlemen, continuing on House Bills 2nd Reading, on the top of page 80. House Bill 3048. 3048. Senator Larry Walsh. …the record. House Bill 3142. Senator Harmon, on House Bill 3142. 14 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 What’s your desire, sir? Out of the record. House Bill 3183. Senator Clayborne. Madam Secretary, read the bill.
House Bill 3183. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 3398. Senator Walsh. Larry Walsh. Read the bill, Madam Secretary.
House Bill 3398. (Secretary reads title of bill) 2nd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) No. I’m sorry. Out of the record. The -- the -- the Walsh brothers had their signals confused. Continuing on House Bills 2nd Reading. House Bill 3402. Madam -- Senator Harmon. I’m sorry. Out of the record. House Bills 2nd Reading. House Bill 3411. Senator Haine. Madam Secretary, please read the bill.
House Bill 3411. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Ladies and Gentlemen, for the Body’s -- could I have the Body’s attention for one minute? We’re going to page 24 of the -- Calendar. That will be House Bills 3rd Reading. House Bill 3rd Reading. But we’re only going back for recalls. We’d like to pick up on page 24, House Bills 3rd Reading. Okay. We’re skipping ahead here and our first recall will be on page 34 of the Calendar. House Bills 3rd Reading. House Bill 691. Senator Welch? Madam Secretary -- Senator Welch, do you wish to proceed? Senator Welch seeks leave of the Body to return House Bill 691 in -- to the Order of 2nd Reading. Leave is granted. On that Order of 2nd Reading is House Bill 691. Madam 15 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Secretary, are there any Floor amendments for -- for -- approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Welch.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Welch.
Thank you, Mr. President. What the amendment does is deletes the bill and becomes the bill. Twenty-five percent of all funds collected in the Death Certificate Surcharge Fund shall be used by the Department of Public Health for distributions to all local county coroners and medical examiners charged with duties under the Counties Code for lab equipment and lab facilities. This is a proposal of the Illinois Coroners’ Association. I would move for its adoption.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing none, all those in favor will say Aye. All those opposed, say Aye. The -- the Ayes have it. The amendment is adopted. 3rd Reading. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Ladies and Gentlemen, we’re moving to page 61 of the Calendar, continuing on House Bills 3rd Reading, Recalls. Senate Bill -- House Bill 2317. Senator Welch. Senator Welch seeks leave of the Body to return House Bill 2317 to the Order of 2nd Reading. Leave is granted. On that Order, 2nd Reading, is House Bill 2317. Madam Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Welch.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Welch.
Thank you, Mr. President. This is an amendment, proposed by the Illinois Municipal League, bringing the special assessment law up to date. What it does is includes additional items that 16 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 can be subject to special assessment on -- on real estate owners. I would move for its adoption.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any further discussion? Seeing none, all those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No -- no further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. 3rd Reading. 2370 will -- be taken out of the record. With leave of the Body, we’ll come back to it. Continuing on Recalls, House Bills 3rd Reading. On page 65 of the Calendar, we have House Bill 2805. Senator Demuzio, do you wish to proceed, sir? Senator Demuzio seeks leave of the Body to return House Bill 2805 to the Order of 2nd Reading. Leave is granted. On that Order, 2nd Reading, is House Bill 2805. Madam Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Demuzio, on -- on Amendment No. 1.
Thank you, Mr. President. What this amendment seeks to do is that the original bill amended the Board of Higher Education Act requiring that beginning July the 1st of 2005 that one of the ten members appointed by the Board -- by the Governor, with the advice and consent of the Senate, must be a faculty member at a public university. This amendment seeks to replace the word “public” with “an Illinois public”, indicating that it is to be a resident of Illinois. So, I would move its adoption. Know of no opposition.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Seeing no discussion, all those in favor of this will say Aye. All those opposed will say Nay. The Ayes have it. The amendment is 17 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Ladies and Gentlemen, continuing on page 67 on Recalls, House Bills 3rd Reading, House Bill 3036. Senator Walsh, do you wish to proceed, sir? Senator Walsh seeks leave of the Body to return House Bill 3036 to the Order of 2nd Reading. Leave is granted. On that Order, 2nd Reading, is House Bill 3036. Madam Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Walsh.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Walsh.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House -- or, Floor Amendment No. 1 to House Bill 3036 basically removes the language creating a Food Animal Institute Fund subject to General Revenue funds appropriations. So, we’re just basically taking out “subject to appropriations”.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Is there any discussion? Seeing none, all those in favor will say Aye. All those opposed will say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Ladies and Gentlemen, on page 68 of the Calendar, House Bills 3rd Reading, Recalls, House Bill 3106. Senator Rutherford. Senator Rutherford. Dan Rutherford. …of the Body, we’ll come back to 3106. Out of the record. Okay. With leave of the Body - we’re still on Recalls, House Bills 3rd Reading - we’ll go back on page 68 of the Calendar. Middle of the page. House Bill 3215. Senator Haine, do you wish to proceed on that, sir? If -- yes. Okay. Senator Haine seeks 18 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 leave of the Body to return House Bill 3215 to the Order of 2nd Reading. Leave is granted. On that Order of 2nd Reading is House Bill 3215. Madam Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Haine.
Yes. Mr. President, Ladies and Gentlemen of the Senate, this bill came from the House increasing penalties for the injury or death of a -- a person driving at an excessive rate of speed through a construction zone. When it passed the House, the Supreme Court, in a recent decision, rendered the definitions in that bill or the terms of that bill really null and void. So, we changed the bill with the cooperation of the State’s Attorneys Association to increase the penalties for driving in a reckless fashion and killing someone through a construction zone. It passed the Judiciary Committee, the amendment did, and I ask for the support of the Senate. It was brought forward by the construction crafts who feel endangered working in these areas.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you very much, Senator. Is there any discussion? Seeing no discussion, all those in favor will say Aye. All those opposed will say Nay. The Ayes have it. The amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. Okay. Ladies and Gentlemen, if I could have your attention again for just one moment. We’re going back to the middle of page 73, House Bills 2nd Reading. Let me remind the Body, this is a deadline week. We strongly encourage you to move your bills from 2nd to 3rd. There’s only four days left of this week after this evening. We’re only going to run through this one more time. Ladies and Gentlemen, page 73 of the Calendar. House Bills 2nd Reading. House Bill 6. Senator 19 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Obama. Out of the record. House Bill 43. Senator Crotty. Out of the record. House Bill 44. Senator Schoenberg. Out of the record. House Bill 76. Senator Wojcik. Kay Wojcik. Out of the record. House Bill 81. Senator Don Trotter, on House Bill 81. Madam Secretary, read the bill.
House Bill 81. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Health and Human Services adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 88. Senator Trotter, on House Bill 88, sir. Out of the record. House Bill 186. Senator Dillard. Kirk Dillard. Ladies and Gentlemen, on top of page 74, we’ll continue with House Bills 2nd Reading. House Bill 199. Senator Obama. Out of the record. House Bill 200. Senator Obama. Out of the record. Senator Trotter, on House Bill 207, sir. We already moved that to 3rd Reading. Skip that. House Bill 223. Senator Obama. House Bill 264. Senator Walsh. Larry -- out of the record. House Bill 276. Senator Schoenberg. Out of the record. House Bill 294. Senator Trotter. Out of the record. Senator Clayborne, on House Bill 405. Out of the record. Oh, I’m sorry. Senator James Clayborne, on -- Madam Secretary, read the bill, on House Bill 405.
House Bill 405. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 416. Senator Obama. Out of the record. House Bill 764. Senator Emil Jones. Out of the record. Oh, I’m sorry. Sorry, Mr. President. Read the bill. House Bill 764.
House Bill 764. (Secretary reads title of bill) 20 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 836. Senator Emil Jones. Madam Secretary, read the bill.
House Bill 836. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 1079. Senator Emil Jones. Madam Secretary, read the bill.
House Bill 1079. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. On the top of page 75, we’ll continue with House Bills 2nd Reading. House Bill 1088. Senator Emil Jones. Madam -- no. Out of the record. House Bills, 1165. Senator Don Trotter. We moved that. That’s already been to 3rd Reading, sir. House Bills 2nd Reading. 1178. Senator Larry Walsh. 1178. Out of the record. Senator Walsh, on 1179. Out of the record, sir. 1191. House Bills, 1191. Senator Haine, on House Bill 1191. Out of the record. House Bills 2nd Reading. House Bill 1251. Senator Haine. Out of the record. House Bill 1373. Senator Dillard. Out of the record. House Bills, 1382. Senator Garrett. Senator Garrett, on House Bill 1382. Out of the record. House Bill 1434. Senator Haine. Senator Bill Haine, on House Bill 1434, sir. Out of the record. House Bill 1458. Senator Walsh. Larry Walsh. Madam Secretary, read the bill.
House Bill 1458. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 21 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 1462. Senator Link. Senator Terry Link, on 1462. Senator Trotter, on 1480. Senator Trotter, on House Bill 1480, sir. Out of the record. House Bill 1514. Senator Link, on House Bill -- 1514. Out of the record. On top of page 76 of the Calendar, we’ll continue on House Bills 2nd Reading. Senator James Clayborne, on House Bill 1729. Senator James Clayborne. Madam Secretary, please read the bill.
House Bill 1729. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2200. Senator James Clayborne, on House Bill 2200, sir. Your desire. Madam Secretary, please read the bill.
House Bill 2200. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2221. Senator Carol Ronen, on House Bill 2221. Out of the record. House Bills 2nd Readings. House Bill 2265. Senator James Clayborne. Madam Secretary, read the bill.
House Bill 2265. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2268. Senator Obama. Out of the record. House Bill 2280. Senator Carol Ronen. Read -- Madam Secretary, read the bill.
House Bill 2280. 22 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeLEO) Has there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2329. Senator Lightford. Senator Kimberly Lightford. Out of the record. 2232. Senator Lightford. Out of the record. House Bill 2345. Senator Schoenberg. Out of the record. On House Bill 2350, Senator Meeks. Senator James Meeks, on House Bill 2350, sir. Madam Secretary, read the bill.
House Bill 2350. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 2391. Senator Trotter. On House Bill 2391, sir, what is your desire? Out of the record. House Bill 2524. Senator Kirk Dillard. Senator Kirk Dillard, on House Bill 2524. Madam Secretary, out of the record. Ladies and Gentlemen, continuing on page 77, House Bills 2nd Reading. Top of page 77. House Bill 2549. Senator Maloney. Senator Maloney, what is your desire? Out of the record. Go to page -- bottom of page 79 on the Calendar. At the bottom of page 79, continuing House Bills 2nd Reading. House Bill 2902. Senator Dillard. Out of the record. Page 80. Top of page 80, House Bills 2nd Reading. House Bill 3048. Senator Larry Walsh, on House Bill 3048. Your desire, sir? Out of the record. House Bills 2nd Reading. House Bill 3142. Senator Don Harmon. Senator -- Madam Secretary, read the bill.
House Bill 3142. (Secretary reads title of bill) 23 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bill 3398. House Bill 3398. Senator Larry Walsh. Senator Walsh? Out of the record. House Bill 3402. Senator Harmon. Your desire, sir? Madam Secretary, read the bill.
House Bill 3402. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR DeLEO) 3rd Reading. House Bills 2nd Reading, on bottom of -- middle of page 80. Last bill on House Bills 2nd Reading would be House Bill 3411. Sorry. 3411 was already moved to 3rd. Ladies and Gentlemen, on page 61 of the Calendar, we have House Bills 3rd Reading. Middle of page 61. On this Calendar the -- this is 3rd Reading, final passage. This is where we left off Friday when we left this Body. We’ll be picking up -- we’ll be starting with House Bills 3rd Reading. Middle of the page will be House Bill 2291. Senator Halvorson. Out of the record. House Bills 3rd Reading. House Bill 2298. Senator Geo-Karis. Madam Secretary, read the bill.
House Bill 2298. (Secretary reads title of bill) 2nd Reading of the bill. No committee -- excuse me. 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, this bill amends the School Code. Requires that the sex education materials and instruction to advise pupils of the provisions…
PRESIDING OFFICER: (SENATOR DeLEO) We’ll catch up. Thank you, Members. We’ll…
Shall I continue? 24 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
PRESIDING OFFICER: (SENATOR DeLEO) Senator Geo-Karis, proceed.
Well, start over again. Mr. President…
PRESIDING OFFICER: (SENATOR DeLEO) Thank you.
…and Ladies and Gentlemen of the Senate, this requires that the sex education materials and instruction to advise pupils of the provisions of the Abandoned Newborn Infant Protection Act, which we passed last year, as well as provide information about responsible parenting and the -- and the availability of confidential adoption services. I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 2298 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 48 Ayes, 0 voting Nay, 0 voting Present. House Bill 2298, having received the constitutional majority, is declared passed. House Bill 2299. Senator Maloney. Madam Secretary, read the bill.
House Bill 2299. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.
Thank you -- thank you, Mr. President. House Bill 2299 requires that when a municipality, by ordinance, vacates a street or alley, that ordinance must contain the legal description of the parcel or parcels of property that is acquiring title to the vacated street or alley. Basically this expedites the process and puts the property on the tax rolls, if they’re eligible, much more quickly.
PRESIDING OFFICER: (SENATOR DeLEO) 25 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Is there any discussion? Senator Maloney, to close, sir.
I appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. The question is, shall House Bill 2299 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 45 Ayes, 0 voting Nay, 0 voting Present. House Bill 2299, having received the constitutional majority, is declared passed. House Bill 3rd Reading. House Bill 2301. Senator Halvorson. Madam Secretary, read the bill.
House Bill 2301. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson.
Thank you, Mr. President and Members of the Senate. House Bill 2301 does a couple of things. It amends the Illinois Highway Code, but it provides that the fine for obstructing a highway is not less than fifty dollars or more than five hundred. Right now, the amounts are ten and one hundred. And then, that the fine for leaving the obstruction on the highway after being ordered to move it, it will be -- after removing it by the highway authority having jurisdiction, it costs fifty dollars per day. Currently it’s ten dollars.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing no discussion -- Halvorson, to close. Asks for a favorable -- I’m sorry, Senator Watson. Senator Watson, what reason do you rise, sir?
Yes. Pardon me -- pardon me for whistling, but I thought that might be the only way I’d get your attention. I’m just trying to slow it down, if you want to know the truth. But I’m going to ask a question. I wish the sponsor would yield.
PRESIDING OFFICER: (SENATOR DeLEO) 26 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 The…
I’d like -- first of all, I’d like for our Members that might be in their offices to come on up and join us since most of us didn’t realize we were going to 3rd Reading. Generally that’s a courtesy that’s given to the Minority, is we’re told what kind of a Calendar and process that we might have. So, just to…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson, if I may, the announcement was made that we were going to 3rd Reading at the opening of the Chamber. All -- all Members were instructed at the opening -- at the opening of the Chamber…
But that was not… excuse me. I’m sorry, but not last week. We were told we would not be going to 3rd Reading today. I was told that. So, my Members were under the impression that this - - would not be, necessarily, a day in which 3rd Reading was done, and I was told that by the President of the Senate. And I relayed that message to my Members last week. So, question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Excuse me one second. Senator Jones, Emil Jones, what -- what purpose do you rise, sir?
Yeah. Thank you, Mr. President. In response to the Minority Leader, I did reach out to you but you were in a caucus meeting and I was going to inform you of the intent of the Chair for the day. Perhaps last Friday, when we did discuss whether or not we were going to be in Session, what was going to take place, I probably told you, more than likely we’d do Recalls and do 2nd Readings. And now that we’ve gone through that and I think we can do some 3rd Readings that are not controversial. And I’m quite sure the Members who are sponsors of bills will be able to ascertain whether or not they should call the bill at this time. But I was going to inform you of such. Your secretary will tell you I did call you.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson, for what purpose you rise, sir? 27 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
Yes, she did tell me that you’d called, Senator, and -- and I do appreciate that. And you’ve reached out every day -- most every day that we’ve been here and -- to give us an idea of what the -- the work of the day might be. And we did talk last week and we did talk about Recalls and 2nd Reading, and -- and that’s what I had told our Members. And that’s why -- but I think we’ve got everybody’s attention now. So, that’s good. So…
PRESIDING OFFICER: (SENATOR DeLEO) To the sponsor. The sponsor indicates she’ll yield, Senator. Senator Watson.
Yes. Could you just give me an idea of who’s out there obstructing a highway and who is going to be impacted by this and why?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson.
In some part of the rural areas, there’s been trees that fall or things that just end up lying in -- in the way, and we’ve just decided to up the fine.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
If a tree falls, whose responsibility is that and who will be fined?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson.
Senator Watson, it says and that the fine for leaving the obstruction on the highway after being ordered to remove it by the highway authority having that jurisdiction. So, it’s whoever’s been told to move it and if they don’t.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
Then an act of God is going to be a jurisdictional responsibility?
PRESIDING OFFICER: (SENATOR DeLEO) 28 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Senator Halvorson.
I suppose if it’s been lying in the road for some time, somebody’s got to move it, and it’s obstructing the right of ways and people can’t get through. Somebody’s paying the fine now.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
I guess I’m just thinking of someone who owns property along the highway and a tree falls down and it’s private property from which the tree fell, would that individual then be responsible -- would the homeowner be responsible, property owner?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson.
In the bill, on page -- the first page, it says if any person injures or obstructs a public highway by felling a tree or trees in or upon or access {sic} the same or by placing or leaving any other obstruction. So, leaving any other obstruction thereon or encroaching upon the same with any fence or by plowing or digging a ditch. So, there’s a whole number of things that this includes.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Watson.
I’m sorry. But I guess the question ultimately is, who is responsible. If -- if I’m -- I -- I own property and I live along the highway and a tree falls on the highway, I guess, who’s responsibility would that be? And let’s just -- let’s just say somebody owns a farm. They live in -- in Texas. They own the farm here in Illinois. Texas is a bad choice. Let’s say they live in Idaho and they have property here in Illinois, and the tree falls and is on the highway. How -- when does the clock start to -- to run on the responsibility, I guess, of the property owner at that -- when -- after that tree falls?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Halvorson. 29 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
Senator Watson, it also says that this does not apply to any person who shall lawfully fell any tree or use. But if you would like specifics, I’m willing to take this out of the record and find it out for you. I mean, we got plenty of time this week. It just was not controversial, came out of committee unanimously.
PRESIDING OFFICER: (SENATOR DeLEO) At the sponsor’s request on -- on House Bill 2301, out of the record. Thank you, Senator. Skipping -- no, I’m sorry. House Bill 2317. Senator Welch. Excuse me, Senator. Senator Wendell Jones, what purpose do you rise, sir?
Yes, Mr. President. When we came into the Chamber, we -- told we would be going to 3rd Readings but it would be just for the purposes of amendment. Have we now -- have we now changed that? We’re going to go to final action?
PRESIDING OFFICER: (SENATOR DeLEO) That’s correct, sir.
Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) House Bill 2317. Senator Welch. Out of the record. House Bill 2330. Senator Harmon. Out of the record. Senator John Cullerton, on House Bill 2331. Out of the record. Ladies and Gentlemen, going to page 62 of the Calendar. The top of page 62. House Bills 3rd Reading. We have Senate Bill -- House Bill 2339. Senator Carol Ronen. Madam Secretary, read the bill.
House Bill 2339. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Ronen.
Thank you, Mr. President, Members of the Senate. This is the Workforce Investment Board benchmarking system bill. It simply requires that the Illinois Workforce Investment Board implement a method for measuring the progress of the State’s 30 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 workforce development system by using a group of specified benchmarks. I think -- I know of no opposition to this bill and I would ask for its approval.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing no discussion, Senator Ronen, to close.
I’d just ask my colleagues to vote Aye.
PRESIDING OFFICER: (SENATOR DeLEO) She asks for a favorable roll call. The question is, shall House Bill 2339 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 48 Ayes, 0 Nays, 0 voting Present. House Bill 2339, having received the constitutional majority, is declared passed. House Bill 2352. Senator del Valle. Out of the -- out of the record. House Bill 2354. Senator Schoenberg. Out of the record. House Bill 2360. President Jones. President Emil Jones, on 2360. Out of the record, sir. Skipping down to 2379. Middle of page 62. Senator Trotter. House Bill 2379. Madam Secretary, please read the bill.
House Bill 2379. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter.
Thank you very much, Mr. President and Members of the Senate. 2379 amends the Illinois Insurance Code. It requires the Department of Insurance to request, obtain -- to obtain information from insurers regarding any records of slaveholder insurance policies issued by any predecessor corporation during the slavery issue -- era which provided coverage for slaveholders for damage or to death of their slaves. It is supported by the Department of Insurance and I seek its adoption.
PRESIDING OFFICER: (SENATOR DeLEO) 31 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Senator Risinger, what purpose you rise, sir?
Yeah. To the bill, this bill came…
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
…to the -- through the State Government Committee unanimously and we support this bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Trotter, to close.
Just ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. The question is, shall House Bill 2379 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 44 Ayes, 1 voting No, 1 voting Present. House Bill 2379, having received the constitutional majority, is declared passed. House Bill 2413. Senator George Shadid. Madam Secretary, read the bill.
House Bill 2413. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Shadid.
Thank you, Mr. President. House Bill 2413 is a recommendation of AARP and -- and establishes the Community Senior Services and Resources Act. The purpose of the bill is for the Department of Aging -- on Aging to advocate on behalf of community senior services and resource centers and promote their financial stability through direct grants and identification of alternative funding sources. This is the identical language to Senate Bill 633 which passed the Senate on March 26th. I know of no opposition and would be happy to try to answer any questions.
PRESIDING OFFICER: (SENATOR DeLEO) 32 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Thank you, sir. Is there any discussion? Senator Wojcik, what purpose do you rise, ma’am?
Just for a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) State your point.
I inadvertently hit the No button. I’m doing some paperwork here and I hit the red button instead of hitting the green button on Senate {sic} Bill 2379. So, I would have voted Aye on that bill.
PRESIDING OFFICER: (SENATOR DeLEO) The record will so reflect that.
Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Risinger, what purpose do you rise, sir?
To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
This bill passed unanimously through the State Government Committee. We think it’s a good bill, and I urge an Aye vote for it.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Burzynski, what purpose you rise, sir?
Thank you. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield, sir.
Thank you. Senator, it says that there’s going to be a new fund created to hold these monies. Where -- where’s the money going to come from?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Shadid.
33 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 This amends the State Finance Act. Creates the Community Senior Services and Resources Fund as a special fund in the State treasury to be used by the Department on Aging for grant awards and for administering the Community -- Senior Services and Resources Act. So, the Department on Aging will be in charge of releasing the grants.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.
But where will the money come from for the grants? That’s my question.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Shadid.
This amends the Deposit of State Moneys Act. It establishes three sources of funding for the grants: With the approval of the State Treasurer, a portion of the interest payment from banks that are State depositories; number two, with the approval of the treasurer of a local unit of government, a portion of the interest payment from banks that are depositories for local units of government; and number three, civil monetary penalties obtained by the Attorney General from individuals guilty of violating the Consumer Fraud and Deceptive (Business) Practices Act where the violation was committed against a person sixty- five years of age or older.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.
Thank you. That -- then my question is, what are those funds -- what are they expended for now, those funds that you just mentioned? If -- if we’re going to take them from one place, what are we not going to spend money on that we’re now going to create a new fund to spend money on?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Shadid.
Sir, I don’t know where they’re spending that money now. Apparently, Department of Aging is the one who’s going to be in charge and is in charge now. I don’t have anyone here from there 34 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 -- from Department of Aging that could tell me where it’s being spent today.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.
Well, that creates a concern for me, because if -- if we’re taking from someplace that’s already in the State coffers, we know those monies are probably being spent. So, to move them someplace else means we’re going to shortchange them. But -- then just one other question. Is -- is there the -- the opportunity for General Revenue Fund money to go into here, or is it just those three funds that you mentioned?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Shadid.
No. To my knowledge, there is no General Revenue money being used for this program.
PRESIDING OFFICER: (SENATOR DeLEO) Any further discussion? Seeing none, Senator Shadid, to close, sir.
Appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall House Bill 2413 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 Ayes, 0 voting Nay, 0 voting Present. House Bill 2413, having received the constitutional majority, is declared passed. House Bill 2425. Senator Cullerton. John Cullerton. Out of the record. House Bill 2434. Senator Sandoval. 2434, sir. Out of the record. Ladies and Gentlemen, continuing on House Bills 3rd Reading on the top of page 63. House Bill 2441. Senator Sandoval. Madam Secretary, read the bill.
House Bill 2441. (Secretary reads title of bill) 3rd Reading of the bill. 35 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
PRESIDING OFFICER: (SENATOR DeLEO) Senator Sandoval.
Thank you, Mr. President, Members of the Senate. House Bill 2441 amends the Consumer Fraud and Deceptive (Business) Practices Act. It provides that any waiver or modification of rights, provisions, or remedies of the Consumer Fraud and Deceptive Business Practices Act shall be void and unenforceable. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Seeing none -- Senator Sandoval, to close. Ask for a favorable roll call. The question is, shall House Bill 2441 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 51 Ayes, 0 voting Nay, 0 voting Present. House Bill 2441, having received the required constitutional majority, is declared passed. House Bill 2446. Senator Dillard. Senator Kirk Dillard. Out of the record. House Bill 2453. Senator Martinez. Madam Secretary, read the bill.
House Bill 2453. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Martinez.
Thank you, Mr. President. House Bill 2453 calls for persons subject to probation, parole or mandatory supervised release who seek transfer to another state must make provisions to pay awarded restitution and must pay a -- a hundred-and-twenty-five- dollar transfer fee before the transfer is granted. Fees shall be deposited into the county’s general revenue fund if subject to a sentence of probation and into the State’s General Revenue Fund if the person is subject to parole or mandatory supervised release. Fees shall be used by DOC or county sheriffs to defray costs. Also applies for persons seeking return to Illinois. I’ll be happy to answer any questions. 36 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
PRESIDING OFFICER: (SENATOR DeLEO) Is -- is there any discussion? Seeing none, Senator Martinez, to close.
I ask for favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall House Bill 2453 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 52 Ayes, 0 Nays, and 0 voting Present. House Bill 2453, having received the required constitutional majority, is declared passed. House Bill 2477. Senator Roskam. Out of the record. House Bill 2486. Senator Schoenberg. Out of the record. House Bill 2489. Senator Welch. Senator Pat -- out of the record. Senate Bill -- House Bill 2492. Senator Emil Jones. Out of the record. House Bill 2493. Senator Cullerton. Out of the record. House Bill 2504. Out of the record. House Bill 2518. Out of the record. House Bill 2523. Senator Garrett. Senator Garrett, on House Bill 2523. Out of the record. House Bill 2525. Senator Kimberly Lightford. Out of the record. House Bill 2527. Senator Munoz. Madam Secretary, read the bill.
House Bill 2527. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2527 - legislation amends the Illinois Library Systems Act to permit the continued existence of Chicago library system and allows for the Chicago Public Library to become a library system. Authorizes the State Librarian to assume fiscal and administrative responsibilities for a library system under certain circumstances. No opposition to the bill and willing to answer any questions, if necessary.
PRESIDING OFFICER: (SENATOR DeLEO) 37 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Is there any discussion? Senator Risinger, what purpose you rise, sir?
Yes. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield, sir.
One of the questions that never really got answered through committee that -- that we’ve asked is, why does the Chicago public library system want to separate itself from the rest of the library system?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.
Senator, basically, what I had here, it was proposed with realization that no additional funds would be available for the library system grants in the up-and-coming fiscal year. As noted before, each system having it awarded for grant operations. Currently in the case of City of Chicago library system, nearly seventy-five percent of these funds are passed through Chicago Public Library for various services performed by CPL on behalf of the libraries of Chicago.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Risinger.
But -- but there’s no more additional funds, so why -- why do they want to separate? I -- I…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.
So they would have the funds allocated directly to them without having to go to a third party.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, what purpose you rise, sir?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield, sir.
38 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Senator Munoz, I didn’t have a chance to see your legislation much before we’ve been on the Floor here. I notice there’s language in here that would require that the State Librarian, which is the Secretary of State, which means State tax dollars, will assume fiscal and administrative responsibility for a library system under certain circumstances. Is the Chicago Public Library going to be the library system that the State Librarian assumes control or fiscal responsibility for? I mean, is that where this is headed?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.
That’s correct, Senator.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Is it a fair synopsis of the bill then, Senator, that the Chicago Public Library is going to disconnect from the -- rest of the library system where it would normally get its funding and then become a separate library system that the Secretary of State’s Office is going to assume fiscal responsibility for?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.
No, sir, that’s -- that’s not the intent, for it to become a separate entity. It’s all going to be with the State of Illinois library system.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
I’m sorry. I didn’t catch…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz, could you repeat your answer, sir?
That’s -- that’s not the intent, Senator, for it to become separate of the -- Illinois library system. It still will be part of it.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter. 39 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
Then -- then I misunderstand what the bill actually does then. If we’re not redefining the term “State library system” to exempt out the Chicago Public Library, what are we redefining that term for?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.
If you’d like, Senator, I’ll do the summary for you. Maybe it’ll help you out a little bit better. It just amends the Library System Act to permit the continued existing of the Chicago library system and allows the Chicago public library system to become a library system. In addition, authorizes the State Librarian to hold public hearings on State library, to assume fiscal and administrative responsibility for library system when the library system board fails to respond adequately to the State Librarian’s findings.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Senator, does the -- is there any other area or any other library systems in Illinois where the Secretary of State’s Office, or the taxpayers, is required to be fiscally responsible for it? I mean, does the -- do the State taxpayers, through the Secretary of State’s Office, pay for library systems now?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.
Not to my knowledge, Senator.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Can you tell us, then, how much of a cost this is going to be to the Secretary of State’s Office’s budget then to pay for the library system?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.
40 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 My understanding is, Senator, the funds are still going to be -- still the same as is, considering there’s not going to be any additional funding to the library system. It’s just that the Chicago Public Library receives a grant from the Secretary of State which are distributed seventy-five percent to Chicago Public Library and twenty-five percent to the rest. So, they’re already getting the money anyway, sir.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Last question, Mr. President. Thank you. Senator, is it the expectation that the Secretary of State’s Office will be the -- financially responsible or fiscally responsible for any other library system than the one in Chicago?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.
It’s my understanding that they are responsible for all the -- all the library systems throughout the State.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio, what purpose do you rise, sir?
Well, I’d like to speak on this bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill.
This bill is a -- you know, I -- I don’t understand what we’re doing here. If you read this bill, on page 1, you are redefining a library system, which -- which apparently has somewhat of the same definition of what you are eliminating on page 2. You’re eliminating a public library system consisting of a single public library serving a city of over five hundred thousand, and now you’re redefining -- this library system that a multiple library system serving a minimum of a hundred and fifty thousand inhabitants, an area of not less than four thousand. Are you -- and then also on page 1, you’re talking about a special library - includes, but is not limited to, libraries with unique collections of specialized services recognized by the State Library. I -- I’d like to know why 41 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 we’re doing this. And if you redefine what -- what a library is, what does that do for all the other library systems in Illinois? You took out, in line 4 on page 2, a cooperative public library system. That includes a number of public libraries and -- and college libraries across the State.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz. Did you have a -- Senator Munoz.
Yes. If we needed a clearer definition of it, I don’t have a problem holding -- taking it out of the record to make -- this is a proponent for the Secretary of State and the Director of the State Library. And if that’s what you wish, Senator Demuzio, we’ll get a clearer definition for you.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. 2527 will be out of the record. Moving along on House Bills 3rd Reading, bottom of page 63, House Bill 2529. Senator Dan Cronin. Okay. Ladies and Gentlemen, on page 64, continuing on House Bills 3rd Reading. Top of page 64. House Bill 2543. Senator Lightford. Madam Secretary, read the bill.
House Bill 2543. (Secretary reads title of bill) 3rd…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Lightford.
Thank you, Mr. President and Members of the Body. This Act amends the Consumer Installment Loan Act by increasing the principal amount that a licensee may lend a borrower from twenty-five thousand to forty thousand. So, basically, the banking unit is just looking for an avenue to increase loan amounts.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Is there any discussion? Seeing no discussion, Senator Lightford, to close.
I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) 42 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Thank you. The question is, shall House Bill 2543 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 50 Ayes, 0 voting Nay, 0 {sic}(2) voting Present. House Bill 2543, having received the required constitutional majority, is declared passed. House Bill 2545. Senator John Cullerton. Out of the record. House Bill 2550. Senator Lightford. Madam Secretary, read the bill, House Bill 2550. Out of the record. I’m sorry. House Bill 2553. Senator Maloney. Madam Secretary, read the bill.
House Bill 2553. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.
Thank you, Mr. President. House Bill 2553, as amended, remedies an important concern regarding the process a nurse must undergo to receive a licensure. Currently, nurses who’ve graduated from accredited nursing programs are allowed to practice, license pending, under the supervision of a registered nurse or a physician until she takes and passes -- her State boards. After that, she is not allowed to practice. This bill would allow the nurse to continue to practice, license pending, until she receives her official license.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Winkel, what purpose you rise, sir?
Thank you, Mr. President. To the bill: I stand in support of this legislation. It passed out of the Licensed Activities Committee unanimously.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney, to close.
Appreciate an affirmative vote.
PRESIDING OFFICER: (SENATOR DeLEO) 43 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 The question is, shall House Bill 2553 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. House Bill 2553, having received the required constitutional majority, is declared passed. House Bills 3rd Reading. House Bill 2567. Senator Crotty. Out of the record. House Bill 2571. Senator Woolard. Out of the record. House Bill 2572. Senator Emil Jones. Out of the record. House Bill 2573. Senator Haine. Madam Secretary, read the bill.
House Bill 2573. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. At the present time, it is not a requirement by the State of Illinois that every tavern have dram shop insurance. Many local governments require it before they license but not the State, and there are some communities that do not; therefore, some taverns and dram shops do not have this liability insurance. This will be a requirement that they do have the insurance. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Haine, to close. Oh, I’m sorry. Senator Roskam, what purpose do you rise, sir?
Just rise in strong support of the bill and urge its passage, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you for your -- thank you. Okay. The question is, shall House Bill 2573 pass. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 54 Ayes, 0 Nays, 0 voting Present House Bill 2573, 44 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 having received the required constitutional majority, is declared passed. House Bill 2577. Senator Link. Out of the record. House Bill 2579. Senator John Cullerton. Out of the record. House Bill 2614. Senator Emil Jones. Out of the record. House Bill 2615. Out of the record. House Bill 2618. Senator Harmon. Madam Secretary, read the bill.
House Bill 2618. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
Thank you, Mr. President. House Bill 2618 amends the Chicago Park District Act and related Acts. It permits the Chicago Park District, for new bond issues, to issue bonds with a maturity not to exceed thirty years. Their current statutory authority is twenty years. It does not authorize additional bonding. It merely extends the maturity period for new bond issues. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Roskam, what purpose you rise, sir?
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DeLEO) He indicates he’ll yield, sir.
Senator, why are we doing this? Why are we making a change from twenty to thirty years. That’s a pretty big jump. And is there some cavernous problem we’re not aware of?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
It’s -- merely reflects a change in the -- the approach to bond issues. More and more maturities go out thirty years. It gives an issuer greater flexibility to structure an amortization schedule to structure the debt service in a way that makes sense financially. It’s a prudent management tool. 45 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
PRESIDING OFFICER: (SENATOR DeLEO) Senator Roskam.
Is this something that bond counsel has requested, or is this something that the Chicago Park District has requested?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
The Chicago Park District has requested it, but I presume, without knowing for certain, that the request came in consultation with their financial advisors and bond counsel.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Roskam.
Well, that’s not really my question. My question is, this is not -- it’s not a legal requirement. You know, sometimes we have various pieces of legislation and there is technical bond language that’s anchored in the legislation that we really have to enact in order to enhance the integrity of the bonds. That’s not that situation, is it?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
I’m not sure. Let me try to answer it to the best of my -- as a -- as a bond lawyer. A thirty-year maturity permits, again, greater flexibility in structuring the debt issuance. It’s a tool bond counsel would -- would want. It’s a -- it’s a structure that is used more and more frequently in bond issues now than it was many years ago when this original language was drafted.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Roskam.
Well, just briefly to the bill. For the benefit of my Members, this came out of committee on a partisan roll call, and it, according to our analysis, largely has to do with non- referendum bonds. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wendell Jones, sir, what purpose do you rise? 46 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
Yes. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DeLEO) He indicates he’ll yield, sir.
Senator, wouldn’t it be true that once these bonds are paid after the twenty years, that if we didn’t pass this, that the -- the taxes would go down?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
Senator, it does not apply to currently outstanding bonds. It applies only to new issues.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wendell Jones.
But aren’t the new issues being done without a referendum?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
It -- it would depend on the issue, but I think your -- your point is the -- the overall debt service. There is an actual cap in the statute, which we are not changing, how much debt the Park District can have outstanding at any one time. If the -- if new debt is out for a longer period, it simply precludes them from paying that off and issuing new debt. So, it wouldn’t increase the total debt outstanding nor the -- the -- the bond service.
PRESIDING OFFICER: (SENATOR DeLEO) You have to press that white button. Senator Wendell Jones.
I pressed it, but I -- the microphone wasn’t working. I have trouble with buttons once in a while. The…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Jones.
The extra ten years does not have to be authorized by referendum. So, once the bonds are paid off, without a 47 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 referendum or a reauthorization by the General Assembly, there would be no more taxation on these bonds. Isn’t that correct?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
Senator, I -- I don’t believe -- either I don’t understand your question or -- or we’re -- we have a difference of understanding between us. They have a certain amount of debt that they can issue and -- and -- when they pay that down, they can pay -- they can issue new debt to get back to their cap. So, whether it’s a twenty-year or a thirty-year maturity doesn’t make much difference. It -- if they pay it off early, they could issue new debt. If they paid off twenty-year bonds, they could issue another set of twenty-year bonds. They could -- and in the aggregate, be out forty years, then, with two successive issues. A thirty-year -- it’s just -- it’s a maturity structure. It’s a tool at -- at issuance.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Wendell Jones, sir.
Yes, one more question. Then why do we need this legislation?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
With a thirty-year maturity, they can structure the debt service in a -- a more beneficial way, capitalize on certain advantages in -- in the principal and interest repayment schedule. It just gives the Park District greater flexibility to get a better interest rate to manage their debt and to -- to be prudent stewards of the -- the taxpayers’ dollars.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rauschenberger, what purpose do you rise, sir?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield, sir.
48 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Do -- do you believe this will affect the Park District’s bond rating, Senator?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
I do not have any reason to believe it would affect their bond rating. No, Senator.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Rauschenberger.
In -- in granting this authority to nearly a hundred million dollars’ worth of refunding bonds, aren’t we opening up the possibility that the Park District, for example, could take up to nine -- ninety-four million dollars worth of bonds, issue them as refunding bonds, take out debt that was three or four years from retirement and improve their cash flow for internal operations by reducing their debt outlay?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon.
They could do that with twenty-year bonds. It’s just a question of the -- the principal and interest schedule.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon {sic}.
Yeah, obviously they could do it with twenty, so I guess I’m a little surprised that they’re asking for thirty-year, except it would give them more flexibility. I guess what I’m concerned about is, although it’s not required under public bonding because it’s assumed that public entities don’t go out of business, bonds are -- generally an attempt to make -- to tie bonds to the useful life of the assets their financing. My best recollection is we built Comiskey Park in about 1989 or 1990. It’s about to undergo it’s third renovation. The three renovations together cost more than the initial construction. When you take Soldier Field into consideration, any Park District asset, with the exception of land, probably doesn’t have a thirty-year useful life. So, when you encourage a public body to use thirty-year bonds instead of twenty-year bonds, the 49 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 useful value of the improvements added to the land are pretty much expired before the bonds are paid off. So, in essence, we’re asking our grandkids to assume a little bit more debt and a little less flexibility so that we can have a little fun now by paying a little bit less interest and principal. It’s much like the -- some proposals that I’ve heard floated to take the State’s twenty-year bond portfolio, refund them and reissue them as thirty-year bonds to free up two billion dollars so that we don’t have to make hard decisions in this year’s General Assembly, costing our kids probably about six and a half billion dollars for that two billion dollars of additional flexibility over the life of the bonds. So, I’m sure you’re bringing this for good reasons. I just philosophically am not persuaded that the Park District needs this kind of additional flexibility, and I -- you know, unless I’m missing something, maybe in your close you can come up with a -- some compelling reason that we ought to give the Chicago Park District this kind of additional flexibility to take the grandkids or the -- or the people who live in that Park District and -- and further indebt them for current flexibility.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Harmon, to close.
Thank you, Senator. In closing, let me -- I disagree with several of the points you made. Let me respond to two in particular. First of all, neither Comiskey Park nor Soldier Field were financed with Chicago Park District bonds. I don’t want to mislead Members that they -- that they were. Second, bond counsel, in rendering its opinion that the bonds are tax- exempt, needs to tie the maturity to the useful life of the -- the project being funded, and -- and this gives the Park District flexibility to do thirty-year maturities with -- with assets that have thirty-year lives. So, I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) On that question, shall House Bill -- 2618 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the 50 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 record. On that question, there are 32 Ayes, 20 Nays, 1 voting Present. House Bill 2618, having received the required constitutional majority, is declared passed. Senator Roskam, how nice to see you this afternoon. And what is your pleasure, sir?
Thank you. I would request a verification, Mr. President, of that last roll call.
PRESIDING OFFICER: (SENATOR DeLEO) Well, thank you. Senator Roskam has -- requested a verification. Will all the Members be in their seats? Madam Secretary, will you read the affirmative votes?
The following Members voted in the affirmative: Clayborne, Collins, Crotty, Cullerton, DeLeo, del Valle, Demuzio, Haine, Halvorson, Harmon, Hendon, Hunter, Jacobs, Lightford, Link, Maloney, Martinez, Meeks, Munoz, Obama, Ronen, Sandoval, Schoenberg, Shadid, Silverstein, Dave Sullivan, Trotter, Viverito, Walsh, Welch, Woolard, and Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Madam Secretary. Does Senator Roskam question the presence of any Member voting in the affirmative, sir?
Not anymore.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you so much. Okay, if not, Madam Secretary, on a verified roll call, there are 32 Ayes, 20 Nays, 1 voting President -- Present. House Bill 2618, having received the required constitutional majority, is declared passed. Skipping down to the bottom of page 64. House Bill 2634. Senator Walsh. Madam Secretary, read the bill.
House Bill 2634. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Walsh.
51 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 2634 amends the Township Code and Vehicle Act in regards to removal of brush. Adds a Section to the Township Code allowing electors to authorize the use of general road and bridge funds or town funds to collect, transport and dispose of brush, leaves -- properties next to the roads. The electors may also allow the same funds to be used for providing disaster relief support services approved by the township road trustees at a regular scheduled meeting. Amends the Vehicle Code to allow highway district funds to be used for the above purposes. I know of no opposition and ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Roskam, what purpose do you rise, sir?
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DeLEO) He indicates he’ll yield, sir.
Senator Walsh, there were -- this -- this came out of an Attorney General’s opinion, is that right, that was kind of -- well, without getting into the Attorney General’s opinion, it was interpreted pretty aggressively, just for the benefit of the Members. So, the Attorney General said that townships don’t have the authority to do what? Can you just clarify that for everybody?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Walsh.
It’s my -- it’s my understanding, Senator, that the township highway commissioner does not have the authority to expend funds to collect brush and -- and leaves that are along the right of ways between road and the ditch fence line.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Roskam.
Was -- was this a negotiated bill in the House, Senator, do you know, between the -- the townships and TOI and any of the waste haulers and so forth, are you aware? 52 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
PRESIDING OFFICER: (SENATOR DeLEO) Senator Walsh.
It’s my understand that the Township Officials, Waste Management are both in -- in support of this. I had a identical bill, Senate Bill 1353, that we passed out of here a month ago 53 to nothing. My understanding is that it has been all negotiated out, and all we are trying to do is give the highway commissioners the legal authority to basically go out and expend money that they have been doing in the past, cleaning up brush and stuff that people have dumped along the edge of the roads.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any further discussion? Senator Wendell Jones, for what purpose do you rise, sir?
Yeah. Just a point of clarification on this bill. The committee…
PRESIDING OFFICER: (SENATOR DeLEO) State your point, sir.
The committee voted this out unanimously, our Committee on Local Government. It was a -- an initiative of the Township Officials. I’ve talked to many of them and they are in favor of it. So, I would like to see our side support it. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, sir. Senator Walsh, to close, sir. The question is, shall House Bill 2634 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. On that bill, House Bill 2634, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, on page 65, we’re continuing on House Bills 3rd Reading. At top of the page, House Bill 2653. Senator Haine. Madam Secretary, read the bill.
House Bill 2653. (Secretary reads title of bill) 53 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. This is a -- a bill which is the initiative of the Cook County State’s Attorney, and they had a -- a -- an incident in Chicago where a person was murdered. They had a difficult time proving that because the body was chopped up, and this is to prevent someone not being prosecuted for dismembering a human body, making it a Class X felony. I believe it’s a Class 1 felony to desecrate human remains. So this moves this to a Class X. The bill has numerous exceptions to take into account authorized dismembering of human remains respectfully done. Its proponents are the Illinois Association of Chiefs of Police and the State’s Attorneys. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Welch, what purpose do you rise, sir?
Well, I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR DeLEO) The sponsor indicates he’ll yield, sir.
Is -- does this apply to somebody who -- other than the person who kills the person? Is that the idea here or…
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
If they are put of the group which is dismembering the human body in order to prevent the -- the necessary proof for first-degree murder or murder, then, yes, it would apply to them.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Welch.
Well, let me ask you another question. You’re familiar with this Laci Peterson case in California?
PRESIDING OFFICER: (SENATOR DeLEO) 54 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Senator Haine.
Not completely, Senator.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Welch.
Let me give you the fact situation. Her husband is alleged to have taken her body out to the river, tied her down with rocks, causing her to be dismembered. They don’t -- if they can’t prove murder, could they use your statute, if that was in effect in California?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
Yes, Senator, that is correct, but in that case, as I understand it, the district attorney has sufficient evidence to prove murder. But, yes, that would be -- be the case.
PRESIDING OFFICER: (SENATOR DeLEO) Any further discussion? Senator -- Senator Righter, what purpose do you rise, sir?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR DeLEO) He indicates he’ll yield.
Senator, following up a little bit on Senator Welch’s questions, Class X felony is a minimum mandatory six years in the Department of Corrections. My -- my question for you is, what thinking went into the classification of the offense? I mean, Class X felony is -- home invasion would be a Class X felony, I believe. Delivery of controlled substances over a certain amount would be a Class X felony. And then we’ve got chopping up a human body being a Class X. I mean, is there a reason why this isn’t a little stiffer than what is outlined in the bill?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
55 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 Thank you very much, Senator, for that -- for that question, and I presume the reason for the Class X is the requirement that there be proof that this was done to prevent proof of a -- of a homicide. And therefore, even though it is a Class X, it would be a step down, far down, from first-degree murder, the minimum of -- of which is twenty years. So, I presume that is why it is a Class X, and I believe - I stand to be corrected - that the desecration of human remains in this State is either a Class 2 or Class 1, not done for the purpose of preventing proof of a -- a homicide.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.
Well, I guess that leads toward my point, Senator, is if someone dismembers a body in order to conceal the fact that they killed that person, wouldn’t that be even more reason for us to make the penalty a little stiffer than it would be for -- than a Class X felony? That’s -- that’s the question I have for you.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Haine.
I understand, Senator. That’s a good point. I don’t have an answer other than I presume the State’s Attorney’s Office didn’t want to make it too high to prevent the General Assembly, maybe, from enacting it into law. They wanted a -- a statute they could work with, six to thirty, a nonprobationable offense, to deal with some of the people involved, if it’s a group, a conspiracy. Perhaps that’s it. I haven’t talked to them about the penalty phase. I think they were attempting to be reasonable and not ratchet it up near murder or second-degree murder.
PRESIDING OFFICER: (SENATOR DeLEO) Seeing no further discussion, Senator Haine, to close, sir.
I ask for a favorable vote. It’s a good law enforcement measure.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall House Bill 2653 pass. All those in favor, vote Aye. All those opposed will vote Nay. 56 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 54 Ayes, 0 voting Nay, 0 voting Present. House Bill 2653, having received the required constitutional majority, is declared passed. Continuing on House Bills 3rd Reading. House Bill 2784. Senator Cullerton. Madam Secretary, read the bill.
House Bill 2784. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. This bill is meant to address the Supreme Court’s holding last November in a case called Unzicker versus Kraft Foods. It deals with the issue of joint and several liability, which means that an injured person can collect an entire amount of any judgment from any one tortfeasor, or the person who causes a -- an accident. This law was passed back in 1986 and it said that if a tortfeasor was less than twenty-five percent liable, that that party was only severally liable, which means that they were only entitled -- only charged with what percentage that they -- they performed. But there was an exception in that bill that we passed back then which said that any third-party defendant who could have been sued by the plaintiff would be included. But in the case of an employer, an employer is someone who the plaintiff cannot sue because of the Workers’ Compensation Act. So, in a interpretation by the Supreme Court last November, an unusual decision, they kind of imposed a hyper-technical interpretation of the law that we passed in ’86, and they said, well, a plaintiff could have been sued -- or a third-party defendant employer could have been sued by the plaintiff, even though it could then automatically be dismissed. So, what this bill is intending to do is to correct that misinterpretation of what we did back in 1986. It has been the law since ’86, up until last November. It restores -- this bill restores the original legislative intent. It does not eliminate this twenty- 57 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 five percent rule, which we passed back in ’86. It still allows a -- liable defendants, by the way, who have paid more than their pro rata share to recover from the plaintiff’s employer in a act of -- called contribution, and it allows the plaintiffs the opportunity to recover their full jury verdict. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Dillard, what purpose do you rise, sir?
To speak to the bill, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill.
Thank you. This is more than a mere technical change, as it says on the board. With all due respect to my friend…
PRESIDING OFFICER: (SENATOR DeLEO) Could we give the speaker some attention, please?
With all due respect to my friend, Senator Cullerton, and he’s not the one that started this bill, this is an end run around a Supreme Court decision that somebody didn’t like and it comes from the case that I believe that Senator Cullerton referenced. But this is just flat out a change, a pretty major change, in Illinois law from a recent Supreme Court decision. Somebody in the Judiciary Committee astutely whispered to me, this is not a bill you’re going to want to explain to your local chamber of commerce, nor would you want to explain this to a manufacturer who might be in your district or somebody that owns a business. We are “wholesalely” changing the law of Illinois here, and this bill would actually apportion fault in a lawsuit based on an ability to pay more than one’s fault. And what we are doing here is literally changing the social dynamic of -- of the way that people pay for damages in civil lawsuits. So, I guess, just to close, Mr. President, this is a major change. It’s an end run around the recent Supreme Court decision. It’s not one that you’re going to want to explain to your local businessperson, and we are “wholesalely” changing the way that somebody could get stuck for a decision based upon their ability 58 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 to pay rather than their degree of fault. This is a bad bill and I’d urge a No vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Winkel, what purpose do you rise, sir?
Mr. President, to the bill. I…
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
Thank you. I entirely agree with what Senator Dillard has just said. This is a complete rewrite of current law in Illinois, with all due respect to the -- to the bill’s sponsor. This -- I think when you distill all the legalistic -- the legalisms out of it, take all the lawyer talk out of it, it’s basing -- it’s basing payment of a judgment not at all on your responsibility for having caused the injury, rather it’s based solely on your ability to pay -- to pay the damages in the case. It takes responsibility, tosses it right out the door and bases everything solely on ability to pay. So you’re not paying a judgment based on your fault. Rather, you’re -- you’re paying a judgment based on your deep pocket. It’s -- it’s obviously a trial lawyer’s dream come true - there’s no doubt about that - but it’s horrible for business. It’s bad news. It’s not right. It’s not a just result.
PRESIDING OFFICER: (SENATOR DeLEO) Okay. Seeing no further discussion, Senator Cullerton, to close, sir.
Yes. Thank you, Mr. President, Members of the Senate. I really feel the need to respond. The -- the dream come true was the decision, the hyper-technical decision, that the Supreme Court made last year. All this bill does is restore the law to what it has been since 1986, up until last November. Okay? And if you want to focus on the defendant having to pay a disproportionate share of a judgment, focus on the fact that the plaintiff, an innocent plaintiff, who hasn’t done anything wrong, who was the victim of an -- of a -- of some negligence, under the interpretation of the Supreme Court, does not get a hundred percent compensation. And the fact is, it doesn’t work 59 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 as -- as a detriment to a third-party defendant because the third-party defendant can turn around and sue the plaintiff’s employer, but the plaintiff’s -- the plaintiff himself cannot sue his own employer. And that’s the reason for the bill. It actually is a disservice if we don’t pass this to injured, innocent plaintiff’s, and it only restores the law to what it was up until last November, that we’ve had on the books since 1986. I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The question is, shall House Bill 2784 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 30 Ayes, 24 Nays, 0 voting Present. House Bill 2784, having received the required constitutional majority, is declared passed. Senator Dillard has requested a verification.
Yes, sir, please.
PRESIDING OFFICER: (SENATOR DeLEO) Will all the Members please be in their seats? Madam Secretary, would you read the affirmative votes?
The following Members voted in the affirmative: Clayborne, Collins, Crotty, Cullerton, DeLeo, del Valle, Demuzio, Haine, Halvorson, Harmon, Hendon, Hunter, Lightford, Link, Maloney, Martinez, Meeks, Munoz, Obama, Ronen, Sandoval, Schoenberg, Shadid, Silverstein, Trotter, Viverito, Walsh, Welch, Woolard, and Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Dillard, do you question the presence of any Member voting in the affirmative, sir?
I was just checking the attendance for tonight’s “Capitol Capers” to see if any of you on that side of the aisle had this threat from the women of the House that if we’re not there, we would never be allowed to sing. But, apparently, none of you are going to sing tomorrow. You’re all here like I am, and I 60 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 appreciate the verification, but you’re all here and I commend you on your good attendance. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Madam Secretary, on a verified roll call, there are -- there are 30 Ayes, 24 Nays, 0 voting Present. House Bill 2784, having received the required constitutional majority, is declared passed. Senator Demuzio, on Senate -- House Bill 2797, sir. Madam Secretary, please read the bill.
House Bill 2797. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio.
Mr. President, let me also, before I begin, say that Senator Sullivan is not -- is absent today because he’s with the Governor in the area over in his neck of the woods. West- central Illinois was hit by tornados. And therefore, I would like the record to so reflect.
PRESIDING OFFICER: (SENATOR DeLEO) The record will so reflect. Thank you, Senator. Senator Demuzio, to the bill.
Now, with respect to House Bill 2797, this is a bill that amends the School Code. It permits a school district or a -- cooperation to contract for speech-language pathology services with a speech-language pathologist or an entity that employs a speech-language pathologist after reasonable efforts have been made to employ a speech-language pathologist. It also sets up a procedure by which we would advertise for such a person. It’s been amended to meet the objections of the committee that were with respect to how you advertise and what papers. I know of no opposition. Would ask for your support.
PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Seeing -- Senator Luechtefeld, what purpose do you rise?
A question of the sponsor. 61 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield, sir.
Senator, if you’ll remember in committee, we had a problem with, I think, letting -- through newspapers, letting people know that this -- this particular position was open. If you’ll remember, I think there had to be three attempts at that. In small towns with a -- with a weekly newspaper, it becomes sort of a problem. Has -- have you straightened this out at all, or how did you go with that?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio.
Yes, when we came back to committee, we deleted the word “daily” and we substituted it with replacing an “and” and a “that” after “cooperative”, and we said “if any”. So, in striking the language of being a daily - I’m trying to find it - it’s on page 1 -- oh. So, it would say -- it would read now, “placing at least 3 employment advertisements for a speech- language pathologist published in the newspaper of the widest distribution within the school district or cooperative”. It did say in the daily newspaper and now I think -- and I think that was the question that -- that we tried to resolve. So we -- so we struck the word “daily” and it just becomes “published in the newspaper of the widest distribution”. And then also, line 1, page 20 -- and also, we said that “placing one employment listing in the placement bulletin of a college or university that has a speech-language pathology curriculum and is located in the geographic area of the school district or the cooperative” and we inserted “if any”. So, I -- I think that pretty well resolved it.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Luechtefeld.
Am I right that it still has to be in the newspaper three times, is that right, three -- three days in a row in a daily? Can -- would placing it -- and of course, this seems a little bit silly, but I guess to -- to -- to meet that requirement, could -- would you have to do it -- place it in -- in a -- in a 62 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 weekly newspaper on three different places in that same newspaper, you could satisfy that?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Demuzio.
I believe the answer is yes.
PRESIDING OFFICER: (SENATOR DeLEO) Seeing no further discussion? Senator Demuzio, to close. He asks for a favorable roll call. Shall -- the question is, shall House Bill 2797 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 53 Ayes, 0 Nays and 0 voting Present. House Bill 2797, having received the required constitutional majority, is - - declared passed. Senator Demuzio, on 2805. Out of the record. Senator Crotty, on Senate {sic} Bill 2809. Madam Secretary, read the bill.
House Bill 2809. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 2809 allows the Department of Professional Regulation to create the Illinois Center of Nursing. The Center would be a State -- study State demographics, nursing shortages, nursing retirement plans, attracting new students to the nursing profession, ensuring an adequate number of faculty at nursing schools, promoting nursing education and nursing practice collaborative efforts, and fund demonstration projects. This would require one million dollars appropriated from the Nursing Dedicated and Professional Fund for year -- starting July 1st of 2004, and it would be over the next two years to establish that Center. But it also adds Advanced Practice Nurses Service Grant Program and the Department of Professional Regulations shall establish the Program goals to promote awareness among the 63 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003 underserved populations of APN services in the area. It would also develop a mechanism to provide that population access to APN services.
PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Senator Winkel, what purpose do you rise, sir?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.
During the testimony we had in committee, it became pretty clear that although in the short term it appears that the -- the fees are sufficient to cover the program, the problem that we discovered through the testimony however, though, is that by removing about a million dollars out of this Fund, that the Fund will become depleted and that with the approval of this bill, the -- the funds will not, eventually, in a matter of months, be sufficient to cover the expenses of this program, which will necessitate a fee increase. I just wanted to caution the Members that this bill, while not immediately causing an increase or directly causing an immediate increase in fees, will necessarily require the Department, according to their testimony in committee, to raise fees. Thank you.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski, what purpose you rise?
Thank you. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DeLEO) She indicates she’ll -- she’ll yield, sir.
Thank you. Just following up on -- on Senator Winkel’s comments, how much money’s in the -- in the Fund now, do you know?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
I think there’s around three million dollars. It might be a little over three million. 64 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.
Do you know if -- if the Governor has earmarked any of these funds to be set aside or set apart in -- for any other uses?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
I don’t know that he is using any funds from this Fund, taking any monies from this Fund, no.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.
The proponents that you have -- and -- and this is kind of near and dear to my heart because I chaired that committee. But the proponents that -- that are on the -- the list here, will they still be proponents if their fees are increased?
PRESIDING OFFICER: (SENATOR DeLEO) Senator Crotty.
There is no fee increase in this legislation, but they have told me that they thought that there would have been an increase with or without this because their fees are so low. So, they’re -- they would not be surprised if the Department chooses to do that. But there’s no fee increases in this bill. And I’m -- I’m showing you three pages of supporters of this bill.
PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.
Well, thank you. And I -- I agree. I know there’s no fee increases in the bill. We’re just looking at what potentially could happen. But even if there was going to be a fee increase, this could generate -- this could make it be even a larger fee increase and perhaps more quickly. So, we just need to be aware of that.
PRESIDING OFFICER: (SENATOR DeLEO) Seeing -- seeing no further discussion, Senator Crotty, to close. 65 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 43rd Legislative Day 5/12/2003
Thank you. Again, there are no fee increases in this. There -- everyone has worked very closely on this shortage of nursing, so I ask for a Yes vote.
PRESIDING OFFICER: (SENATOR DeLEO) The question is, shall House Bill 2809 pass. All those in favor, vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. On that question, there are 42 Ayes, 10 voting No, 0 -- 2 voting Present. House Bill 2809, having received the required constitutional majority, is declared passed. Senator Miguel del Valle, what purpose do you rise, sir?
For purposes of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.
The Senate Education Committee will meet tomorrow morning at 8:30 in Room 212. Senate Education Committee, tomorrow morning at 8:30 in Room 212.
PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, this completes the Senate business for today. We will stop here in page 65 on the 3rd Readings. There’ll be no further business to come before the Senate. The Senate will stand adjourned until the hour of noon, 12 o’clock, on Tuesday, May 13, 2003. The Senate stands adjourned. 66