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Illinois Senate Floor Debate — May 19, 2003

93rd General Assembly (2003-2004) · Legislative day 48 · Regular Session
Chamber
Senate
General Assembly
93rd (2003-2004)
Date
May 19, 2003
Legislative day
48
Session
Regular Session
Speaker turns
155
Original
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James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Regular Session of the 93rd General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Monsignor Ossola, the Cathedral of Immaculate Conception of Springfield, Illinois. Father.

THE REVEREND MONSIGNOR JOHN OSSOLA

(Prayer by the Reverend Monsignor John Ossola)

James A. DeLeo (D)

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

Terry Link (D)

(Pledge of Allegiance, led by Senator Link)

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Please be seated. Madam Secretary, Reading and Approval of the Journal.

Linda Hawker

Senate Journal of Wednesday, May 14, 2003.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Woolard.

Larry D. Woolard (D)

Mr. President, I move that the Journals just read by the Secretary be approved, unless some Senator has additions or corrections to offer.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay. Senator Woolard moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Senator Woolard.

Larry D. Woolard (D)

Mr. President, I move that the reading and approval of the Journals of Thursday, May 15th, and Friday, May 16th, in the year 2003, be postponed, pending arrival of the printed Journals.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Woolard moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Let me remind the Membership we will be going to 3rd Readings very shortly. We’ll being going to -- doing some 3rd Readings. We’d ask all Members 1 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 in the sound of my voice to please come to the Floor. Also, Ladies and Gentlemen, let me remind the Membership - if I could have your attention for one second, please - as you know, cell phones are prohibited on the Senate Floor. Cell phones are prohibited on the Senate Floor. We’ve asked all Members, please turn off your cell phones. Thank you very much. We have one media request. Todd Vandermyde has -- seeks leave to photograph or videotape the proceedings. Is there any objection? Leave is granted. Madam -- Madam Secretary, Resolutions, please.

Linda Hawker

Senate Resolution 161, offered by Senator Petka and all Members. It’s a death resolution.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, on page 67 of the Calendar, the bottom of page -- middle of page 67, where we left off just about seventy-two hours ago. House Bills 3rd Reading. We will start with House Bill 2391. Senator Trotter. Out of the record. House Bill 2486. Senator Schoenberg. Out of the record. House Bill 2492. Senator Emil Jones. Out of the record. Ladies and Gentlemen, continuing on House Bills 3rd Reading. The top of page 68. 2504. Senator John Cullerton. Out of the record. House Bill 2523. Senator Susan Garrett. What’s your desire, ma’am? Out of the record. House Bills -- 2524. Senator Dillard. House Bill 2524. Senator Dillard. Out of the record. House Bill 2527. Senator Munoz. Senator Munoz, on… Out of the record. House Bill 2549. Senator Maloney. Madam Secretary, read the bill.

Linda Hawker

House Bill 2549. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

Thank you, Mr. President. House Bill 2549 creates two Cook County Mosquito Abatement Districts from the current four. The North Shore would move to the Southwest {sic} (Northwest), and the South Cook Mosquito Abatement District to Des Plaines 2 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 Valley. What prompted this legislation was the outbreak and the reaction to the West Nile Virus, of which there were eight hundred seventy-seven cases in Illinois, sixty-three deaths. This bill came from the House as a shell bill because the original intent was to put all districts under the Cook County Department of Health. However, as Senator Wendell Jones pointed out, we should not punish those districts who conscientiously carried out their responsibility. So, I appreciate an Aye vote. I would happy -- glad to answer any questions.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Is there any discussion? Is there any discussion? …Wendell Jones, what purpose you rise, sir?

John O. Jones (R)

Yeah. Thank you, Mr. President. A couple of questions of the sponsor.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) He indicates he’ll yield, sir.

John O. Jones (R)

Thank you very much, Mr. President and Members of the Senate. This -- this has been debated several times. I -- the question I had to the sponsor was, did the amendment go back to committee after it got out of Rules?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

Yes, it did, Senator.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jones.

John O. Jones (R)

What committee heard this legislation?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

To the Executive Committee, Senator.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Jones.

John O. Jones (R)

I thought we heard this in Local Government originally. Why wouldn’t it come back to Local Government? 3 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

My understanding is that Local Government could not accommodate this in terms of time. That’s why it went to the Executive Department.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wendell Jones.

John O. Jones (R)

Okay. Senator, you and I have discussed this amendment several times. Would you explain to the Members what this amendment does, as opposed to the previous -- previous bill that we heard in Local Government?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

Yes. This -- this amendment would move the -- create two mosquito -- abatement districts from the existing four. And the purpose of this is -- is, there was a disproportionate number of cases of West Nile Virus in the Evanston area, Skokie area and the Evergreen Park-Oak Lawn area, the fact that cases there were six times the rate of infection than the rest of the county. And this was not coincidence. This was a result of inaction and poor planning on the part of the two districts, and effective, excellent response in the other two. The Des Plaines Valley, as a matter of fact, had the highest percentage of positive mosquito abatement pools, yet they had fewer cases than the other districts. So, they did their job. The -- the Des Plaines Valley did their job, and the Northwest did their job. These other two did not. And -- and in -- and so that’s the reason for the amendment and the consolidation of the four districts into the two.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wendell Jones.

John O. Jones (R)

Okay. For the Members on this side of the aisle, the original legislation called for folding all of this into the Cook County Health Department, without referendum or anything; it would just be State action. Since that time, we have 4 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 discussed folding the North (Shore) Mosquito Abatement District into the Northwest Suburban {sic} Mosquito Abatement District. For purposes of clarification, Senator, I would like to ask who would run this North (Shore) and Northwest Mosquito Abatement District?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

The -- the -- the two new districts that would be created would be -- would be run -- the personnel and everything would fold in there, but it would be run by the current -- current operational people in the Northwest and in the Des Plaines Valley. In other words, the South Cook would fold into the Des Plaines, the North Shore into the Northwest.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wendell Jones.

John O. Jones (R)

Thank you, Senator Maloney. So it’s my understanding that the North (Shore) and Northwest Suburban Mosquito Abatement District will be collapsed into two mosquito abatement districts, will be -- but will be run by the Northwest Mosquito Abatement District. Suburban Cook County will then have a mosquito abatement district for the remainder of the county, and Chicago will have its own mosquito abatement district. Is that correct?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

Yes. The -- the logistics or the way it would work is North Shore would fall under the Northwest. That’s the -- that’s -- that’s the mosquito abatement district that did the job up there. The -- the South Cook would fold into the Des Plaines. Des Plaines is the -- the mosquito abatement district that did the job there. And -- and that’s the intent. Chicago would be out of this. Chicago is taking on their own responsibility. There was only a portion of the City of Chicago that was involved in the South Cook Mosquito Abatement District, and they will no longer be part of this.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 5 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 Senator Wendell Jones.

John O. Jones (R)

Senator Maloney, I think this may require a little bit more buzzing around on this side of the aisle before we pass it. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Kay Wojcik, what purpose do you rise?

Kathleen L. Wojcik (R)

Would -- would the sponsor yield for questions?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) He indicates he’ll yield for a question.

Kathleen L. Wojcik (R)

Senator, my question to you is, what mosquito abatement group would be handling the area which is around Milwaukee Avenue and Nagle?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Kathleen L. Wojcik (R)

Milwaukee and Nagle.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

Is -- is that in the City of Chicago?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wojcik, one moment, please. Senator Jacobs, what purpose do you rise, sir? Senator Jacobs.

Denny Jacobs (D)

Move the previous question.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Gentleman moves the previous question. There are one, two, three, four - four people seeking recognition. Senator -- Senator Wojcik.

Kathleen L. Wojcik (R)

This is very serious to me, Members of the august Body. I happen to have lost a sister-in-law to the West Nile Virus last September, and she lives near Milwaukee and Austin. This is the same area that they had the other virus that was about ten or twelve years ago. They’ve done nothing, nothing to clean up the 6 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 mosquito problem, and I want to know now what this is going to do for that region.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

Senator, if that address - and I -- I think I’m correct - is in the City of Chicago, the City of Chicago on the north side was not involved in any mosquito abatement district. The City of Chicago -- only portion of the City of Chicago that was in any mosquito abatement district was the -- south of 87th Street was in the South Cook Mosquito Abatement District. The City of Chicago is going to be responsible for their own mosquito abatement, as they have been to this point, and any other section of the City, except that section south -- south of 87th Street.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wojcik.

Kathleen L. Wojcik (R)

So, you’re saying they have their own mosquito abatement. Obviously, it’s not working.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator -- Senator Maloney.

Edward D. Maloney (D)

City of Chicago is going to handle their own mosquito problem. They have -- they have handled it in the past, again, with the exception of that section of the City which is south of 87th Street. Those people had paid a extra fee on their property tax, if you will, to be part of the South Cook Mosquito Abatement District. But no other citizen in the City of Chicago was involved in any mosquito abatement district.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wojcik.

Kathleen L. Wojcik (R)

I have great respect for the Senator, and I have great respect for this Body, but I have to tell you this is a very serious measure. This is not solving any problem at all. What this is going to do, quite possibly, is place the onus on the taxpayers again, because they’re absorbing these two mosquito abatements. It’s a bad idea. They really -- the City of 7 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 Chicago, and I have -- I have the greatest respect for the City of Chicago, and I think you know that. The City of Chicago has to get into the heart of the problem, and the heart of the problem is that region. That area is where they always have big problems with their mosquitoes. This is not going to solve it, and it’s not going to solve the issue. And I think it’s going to hurt the taxpayers out in the suburbs, because we’re going to have to pick up the issue of more employees and more equipment and what have you. I would just ask this Body to look at this issue, not vote for it now, and see what a better solution you can come up with to ease that West Nile Virus that we’re now facing.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Rauschenberger, what purpose do you rise, sir?

Steven J. Rauschenberger (R)

Question or two of the sponsor.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield, sir.

Steven J. Rauschenberger (R)

Senator, just correct me if I’m wrong, but I think the scenario is, we -- we have four units of government formed by referendum in statutory compliance, met their constitutional responsibilities, and we’re going to, by legislative oversight, take four of them and combine ‘em into two, because we have two high-performing units and two low-performing units. Is that roughly what we’re talking about?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

That’s correct, Senator. That -- we are going to move those two districts -- first of all, I’d like to address, if I may, Senator Wojcik’s comment. Senator, this has nothing to do with the City of Chicago, nor the services they provide. The City of Chicago has not been involved in mosquito abatement district, except that section south of 87th Street. To answer Senator Rauschenberger, yes, we plan to fold the four into two. And I don’t do this lightly, Senator. This is not a matter of - - this isn’t a political thing. We are not after anybody in 8 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 particular. The South (Cook) Mosquito Abatement District, where my district is, had the highest number of cases anywhere in the State of Illinois. The -- the response from the -- from the -- the administration of that district has been very poor. This is not a question of just losing faith. These are people who -- somebody might say, “Well, we should give them a second chance.” We’re talking about an illness here that -- that claimed lots of lives. We’re talking about people who did not respond to inquiries. The -- Dr. William Paul from the Department of Public Health said, to this day when he made inquiries into the process as to what was done in the South (Cook) Mosquito Abatement District to alleviate this problem, and this is a quote, “We could not get a straight answer from them as to their plans or their carry through. The story kept changing. There was no documentation of what they said they were doing.” So we are not -- and as Senator Jones pointed out, we are not trying to punish anybody. What we’re trying to do is put the responsibility in the hands of people who have demonstrated they are willing and have the ability to do the job.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Rauschenberger.

Steven J. Rauschenberger (R)

Senator, I -- I have the utmost sympathy for your frustrations with the mosquito abatement district that you live in or that encompasses most of your district and I have absolutely nothing against a district next door going over and helping ‘em. But if we had four school districts near each other and two were performing well on the ISAT tests and two were performing poorly, we would not merge those school districts. If we had four counties, two of them running excellent county governments and two of them running poor governments, our solution would not be to merge those counties. If we had four municipalities next to each other, two of them doing well and two them doing poorly, our solution would not be to merge them. I -- I think it’s entirely appropriate that you’re interested in -- in getting help from the Cook County Department of Public Health, the Illinois -- the State Department of -- Illinois Department of Public Health, whatever resources we need to help those two poor-performing mosquito 9 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 abatement districts get up to snuff. But to tell the taxpayers and those people living in the -- the well-functioning mosquito abatement districts, you’ve just inherited, by force of legislature, area and a -- and a bureaucracy and probably union contracts and other stuff that -- that they don’t want. If this is to be done, it needs to be done by referendum. These are property tax dollars and these are property taxpayers who voted in these -- these districts. So, I have no problem with your interest in improving the performance of the two bad mosquito abatement districts. I just am terribly uncomfortable with the solution, and I think you’re setting a precedent. You know, if -- if you pass this then you better start thinking about whether, by legislative action, we can take townships that don’t perform well and merge ‘em with other townships or school districts that don’t perform well and merge ‘em with other school districts or whether we believe that local control is local control and if you form a level of government by referendum, you need to deal with it by referendum, not because we’re in a hurry down here. So, I certainly respect your motives. I just think the methodology that’s been recommended to you is a flawed one.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Ladies and Gentlemen, as you know, the previous question has been moved. I’d like to jump out of order. Leader Watson, what purpose do you rise, sir?

Frank C. Watson (R)

Yes. Thank you, Mr. President. I guess just to ask everybody on this side -- not twenty minutes ago I get a phone call from the President of the Senate saying, “We’re going to shuffle a little paper today. Have a caucus at 5. That’s it. No 3rd Readings.” Just so you know that. Just so you know that. I talked to one of your staff over there who agreed. So, I’m just asking all the Members over here vote No. And if they want to pass this kind of legislation, go ahead and do it, Senator. If you want to -- I’d suggest you take it out of the record. I’d suggest we go to the order of business of which we were intended to do today, Mr. President. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 10 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 Thank you, Leader. Senator Rauschenberger, were you… The Majority Leader, Senator Demuzio.

Deanna Demuzio (D)

All I know is that those of us who were in the Leaders’ meeting overheard the President say to whoever was on the other line of the phone that we may go to some 3rd Readings today. I don’t know who the other line -- who -- who the person was on the other line, but he’s -- was it… Well, let’s put it this way, I think I know who was on the other line, but -- but that’s -- that was my understanding. That’s -- that’s all I can tell you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Thank you for clarifying that. Senator Schoenberg, what reason do you -- what purpose do you rise, sir?

Jeffrey M. Schoenberg (D)

I wish to discuss the question at hand right now.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) You have a question of the sponsor? Sponsor indicates he’ll yield, sir.

Jeffrey M. Schoenberg (D)

No, actually, I would like to…

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) To the bill?

Jeffrey M. Schoenberg (D)

To the bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

Jeffrey M. Schoenberg (D)

Thank you. With all due respect to the Minority Leader, I have personally seen too many lives ruined of too many people who were stricken by West Nile Virus in our area - some which lead to fatalities - to suggest that we should make a point on procedural grounds through the -- through some symbolic action relative to House Bill 2549. I’d like to speak in favor of House Bill 2549 and put some of the myths and fears at ease. Mosquito abatement is not -- is no longer an issue of dealing with summer nuisances. It’s now a question of life and death, as we’ve seen through the West Nile tragedies which happened last summer, and it’s precisely because we wish to avoid future tragedies that 11 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 we’re seeking to do this today. We are seeking -- we are seeking this action precisely because some of these local jurisdictions failed to act in a timely and responsible manner. Let me give you an example. Not only was some of the spring nonexistent, not only were some of the preventative measures insufficient, in the case of the North Shore Mosquito Abatement District, they actually declined to accept emergency federal funds to deal with the West Nile Virus because they didn’t want -- because they didn’t…

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Could we give the speaker your attention, please, Ladies and Gentlemen?

Jeffrey M. Schoenberg (D)

They didn’t want…

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) The timer’s on. The light’s burned out. Senator Schoenberg.

Jeffrey M. Schoenberg (D)

The -- the light does not work as well as those Senator DeLeo pens, which some of us have. That light burns forever. The -- in the case of the North Shore Mosquito Abatement District, they actually declined to accept, in the midst of the West Nile Virus crisis, emergency federal funds because it would have required them to be audited. That -- that was shameful. It was -- that behavior was nothing short of shameful. The sponsor has done an excellent job at crafting a responsible compromise that -- that makes possible those responsible mosquito abatement districts to merge and provide their expertise, their technical expertise, as well as the additional federal resources, which would become available as a result of this legislation. They may -- this legislation makes that possible. By making a symbolic -- a symbolic vote and voting No because of some misunderstanding over the telephone or because Mr. Rauschenberger indicated that he didn’t think it was our purview to merge units of local -- to dictate to local governments what they should be doing in those jurisdictions, I would venture to guess that the same argument was not made when legislation was passed to dictate how the Chicago public schools should be run. The crisis was bad enough that there were those 12 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 on the other side of the aisle who felt strongly about changing the law to dictate how the City of Chicago should run its public schools, and, in fact, I voted and am very proud to say that I voted in support of that measure, contrary to the overwhelming majority of those on my side of the aisle. So there’s ample precedent for us interceding on these type of local jurisdictional questions. The issue at hand is, can we afford to no longer do this? You don’t believe me. Ask Dan Scanlon, the Mayor of Morton Grove, who not only lost his wife to West Nile Virus but who had his own life and his own health irreparably harmed by this as well. The question was asked by - - by -- my former colleague in the House, Senator Wojcik, about what would happen for that area that she identified. That’s an area of the Cook County Forest Preserve District, and as I believe, this bill would have that the county would be responsible for the areas -- continue to be responsible of the areas under their jurisdiction, and, indeed, under this legislation the county would take greater responsibility by having representation on the respective boards. We cannot turn our backs on those who’ve been hurt by the West Nile Virus. This is a responsible compromise. Don’t let partisan politics interfere with this. Please vote No -- please vote Aye. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski, what purpose do you rise, sir?

J. Bradley Burzynski (R)

Question of the sponsor.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.

J. Bradley Burzynski (R)

Thank you. Just a couple very quick questions, Senator. And I -- we won’t belabor it. But first of all, has the Northwest District agreed to take -- have the districts that are going to be maintained, have they agreed to take over the responsibilities of the other two districts?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

13 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 Yes, Senator. As a matter of fact, I have a letter from the Des Plaines Valley Mosquito Abatement District that is supporting this bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.

J. Bradley Burzynski (R)

What kind of correspondence or what kind of response have you received from the commissioners of the other districts that are going to no longer be in place?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

I have not spoken to anybody in the North Shore, and unfortunately, I’ve received very little correspondence or response from the South Cook County Mosquito Abatement District, because they don’t return calls. I asked the gentleman to -- who is in charge to send some information in the middle of March as to what his plans were to combat the -- the possible outbreak of West Nile Virus again this year, and he sent me some literature on the types of mosquitoes that -- that carry the virus. He sent me absolutely nothing. A follow-up phone call received no response. Again, I’m not out to -- to -- to -- this is not -- this has more to do than just the district that I represent. This has to do with the entire suburban Cook County, of people who are involved here. The funding would stay the same. The mayors are extremely upset. The mayors aren’t trusting these -- these -- the nonperforming mosquito abatement districts to do their job and they are taking on this responsibility at -- at their own expense.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Burzynski.

J. Bradley Burzynski (R)

Thank you, Mr. President. To the bill, then. I would just rise…

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

J. Bradley Burzynski (R)

I would just rise to make the same argument that Senator Rauschenberger did relative to the fact that here we are taking 14 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 over units of local government, taking away their responsibilities, taking away their taxing authorities. We’re taking the vote away from the people who reside in those districts as to how they want their funds expended. I would suggest that townships could be next. Who knows? That debate’s been going on here for years, whether or not we need township units of government. So, I would suggest a No vote.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wendell Jones, I understand this is for the second time. Your name was used in debate, sir. So, your request is in order. Senator Wendell Jones.

John O. Jones (R)

Thank you, Mr. President. I appreciate that. Just a couple more questions of the sponsor.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question.

John O. Jones (R)

Thank you. Is the Northwest Municipal Conference in favor of this legislation, as amended, Senator Maloney?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

I -- I don’t know that, Senator.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wendell Jones.

John O. Jones (R)

Well, the Northwest Municipal Conference was unanimously opposed to this the first time we brought it up. Since it’s been amended, I -- I would like to hear whether the areas most affected by this, including the North Shore and Northwest, are on board. To the bill, the Northwest Mosquito Abatement District, have they been advised that they’re going to be given the North (Shore) Mosquito Abatement District?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

Yes, they have been advised. I -- I -- I don’t know what their response have been to this point.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 15 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 Senator Wendell…

John O. Jones (R)

My -- my real question is, if we don’t know what their response is, how can we move this legislation until we know whether or not they’re willing to run this -- this North Suburban {sic} Mosquito Abatement District, which obviously hasn’t been effective against West Nile as our area, the Northwest Mosquito Abatement District. Also, I notice that this Act does not go into effect until the summer of ’04, which means in the summer of ’03, we’re going to have to be carried away by mosquitoes again until this goes into effect. Is that not true?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney.

Edward D. Maloney (D)

It -- it -- my understanding is that’s because it would be concurrent for their budget year. So, this would not go into effect, you’re correct, until 2004.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Wendell Jones.

John O. Jones (R)

Thank you, Mr. President. So, we’re going to -- protect their budget year, but we’re not going to -- protect them from getting bitten on the ear. I think we should worry more about getting bitten on the ear than -- protecting their budget year. I would submit that we have talked about this, Senator, and we’ve negotiated in good faith, but when the thing goes from Local Government onto the Floor, to the Executive Committee and back, I think I have to vote either No or Present on this side of the aisle because of the process. Thank you.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Maloney, to close, sir.

Edward D. Maloney (D)

All right. Because there does seem to be some unanswered - - I would submit, first of all, that this is not, again, a -- a -- a matter of -- of administration. This is -- this is a matter of people losing faith -- the local governments losing faith, the leaders of those local governments losing faith in these districts, and it involves a responsibility and a willingness to do the job that they have not. However, since 16 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 there does seem to be some issues regarding the response of one of the districts involved, we’ll -- we will take this out of the record at this point, Mr. President.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Out of the record. Leave of the Body, we will go back to House Bills 3rd Reading at the middle of page 68. House Bill 2527. Senator Munoz. Senator Munoz, what is your desire, sir? Madam Secretary, read the bill.

Linda Hawker

House Bill 2527. (Secretary reads title of bill) 3rd Reading of the bill.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.

Antonio Munoz (D)

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2527 amends the Illinois Library Systems Act to -- permit the continued existence of the Chicago library system. Allows Chicago Public Library to become a library system. In addition, authorizes the State Librarian to hold public hearings and the State Librarian to assume fiscal and administrative responsibilities for a system to mean any one of the following: multitype library systems serving a minimum of a hundred and fifty thousand inhabitants or an area of not less than four thousand square miles serving a minimum of ten or more public libraries; a public library system -- consisting of a single public library serving a city of five hundred thousand population; and three, multilibrary system which serves special libraries, which includes, but not limited to, libraries with unique collections or specialized service recognized by the State Library. Ladies and Gentlemen of the Senate, there’s no known opposition. The last time the bill was brought before the Floor I think the Secretary of State spoke to Senator Righter, along with Senator Demuzio, to clarify the definition of the bill. I will attempt to answer any questions if necessary.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Kay Wojcik, what purpose do you rise?

Kathleen L. Wojcik (R)

Just for a point of personal privilege. 17 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) State your point, ma’am.

Kathleen L. Wojcik (R)

I have next to me a young lady from Schaumburg, who unfortunately is paging today, which is not going to be a long time, and her name is Christina Gluth. She’s here with her father, and her father is in the gallery behind you. And I’d just like to welcome them to Springfield.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Will our guest in the gallery please rise? Welcome to the Illinois State Senate. Welcome to Springfield. And, Christine, welcome to the Illinois State Senate. Senator Righter, what purpose do you rise, sir?

Dale A. Righter (R)

Sponsor yield, please, Mr. President?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) He indicates he’ll yield for a question.

Dale A. Righter (R)

Senator Munoz, as you said, we had some measure of discussion about this before, and I did talk to the Secretary of State’s Office, and I appreciate their time. It’s my understanding that the Chicago Public Library is the only public library in the Chicago library system right now. Is that correct?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.

Antonio Munoz (D)

That’s correct, Senator.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

Dale A. Righter (R)

And the Chicago Public Library is wishing to withdraw from the library system which will leave the library system with no public libraries. Is that correct also?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.

Antonio Munoz (D)

That’s not -- that’s not the intent of the bill, Senator. Basically, number one, to the bill, the multi -- library system 18 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 serving a minimum of a hundred and fifty thousand inhabitants, an area not less than four thousand square miles serving a minimum of ten or more public libraries.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

Dale A. Righter (R)

Senator, I’m -- I’m for this bill. And I’m going to vote for it. And I want to -- I want to make sure that everyone here has a clear understanding exactly what you’re trying to do here. It’s my understanding that the Chicago Public Library wants to withdraw from the library system, and current law requires that there can’t be a library system unless there’s at least one public library in the library system. So, we’re changing the law. We’re going to create two types of library systems - a public library system and then the normal library system. And that in your instance, in the City of Chicago, library systems receive certain grants from the Secretary of State’s Office, that the grants that go to the Chicago Public Library and to the system will not exceed what it would otherwise receive if it stayed in the system. Is that correct?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.

Antonio Munoz (D)

That’s correct. And -- and also, Senator, the Chicago Public Library doesn’t receive any additional fundings, if you had any questions regarding that. Everything stays the same as far as that.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

Dale A. Righter (R)

Senator, is it -- is it fair to say that -- it’s my understanding that last year the Chicago public library system received four million dollars from the Secretary of State -- or, I’m sorry, from the State Library, as far as a grant, and all of that money, obviously, went to the Chicago public library system, that if your bill had been the law last year, it wouldn’t have increased over four million. In fact, it would have been three million to the library itself and one million 19 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 dollars to maintain the system and the other nonpublic libraries that are in there. Is that correct?

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz.

Antonio Munoz (D)

To the best of my knowledge, Senator, that’s correct. Everything has been the same as far as funding for last year, as well as this year.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. To close.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) To the bill, sir.

Dale A. Righter (R)

Thank you. I rise in support of the bill. I appreciate Senator Munoz’ time in explaining it, as well as the Secretary of State’s Office. This is simply a structure change. It does not involve any additional funds coming from the Secretary of State’s Office to the Chicago Public Library or to the library system in Chicago. And I would urge an Aye vote. Thank you, Senator.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Senator Munoz, to close.

Antonio Munoz (D)

I would just ask for a favorable roll call.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) Okay. The question is, shall House Bill 2527 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 that -- take the record. On that question, there are 50 Ayes, 4 voting Nay, 1 voting Present. House Bill 2527, having received the required constitutional majority, is declared passed. Senator Halvorson, for what purpose do you rise, ma’am?

Debbie DeFrancesco Halvorson (D)

For the purpose of calling for a Democratic Caucus immediately upon adjournment.

James A. DeLeo (D)

PRESIDING OFFICER: (SENATOR DeLEO) 20 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/19/2003 Okay. The Senate Democrats will caucus immediately upon adjournment in Senator Emil Jones’ Office. Okay. There being no further business to come before the Senate, the Senate stands adjourned until the hour of noon on Tuesday, May 20th, the year 2003. The Senate stands adjourned. 21