PRESIDING OFFICER: (SENATOR WELCH) 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? The invocation today will be given by Rabbi Michael Datz, Temple B’rith Sholom, in Springfield.
(Prayer by Rabbi Michael Datz)
PRESIDING OFFICER: (SENATOR WELCH) Please remain standing for the Pledge of Allegiance. Senator Terry Link.
(Pledge of Allegiance, led by Senator Link)
PRESIDING OFFICER: (SENATOR WELCH) Reading and Approval of the Journal. Madam Secretary.
Senate Journal of May 11, 2004.
PRESIDING OFFICER: (SENATOR WELCH) Senator Haine.
Thank you, Mr. President. Mr. President, I move that the Journal just read by the Secretary be approved, unless a Member of the Senate has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR WELCH) Senator Haine moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Committee Reports.
Senator Link, Chairperson of the Committee on Revenue, reports Senate Amendment No. 1 to House Bill 827, Senate Amendment No. 1 to House Bill 828, Senate Amendment No. 1 to House Bill 829, Senate Amendment 1 to House Bill 830, Senate Amendment 1 to House Bill 831, Senate Amendment 1 to House Bill 832, Senate Amendment 1 to House Bill 835, Senate Amendment 1 to House Bill 869, Senate Amendment 1 to House Bill -- pardon me, 5157, Senate Amendment 2 to House Bill 6583 and Senate Amendments 1 and 2 to House Bill 6760, all Be Approved for Consideration. 1 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Senator Silverstein, Chairperson of the Committee on Executive, reports Senate Amendment 1 to House Bill 729, Senate Amendment 2 to House Bill 742, Senate Amendment 1 to House Bill 976 and Senate Amendment 2 to Senate Bill 3150, all Be Adopted. Senator Schoenberg, Chairperson of the Committee on State Government, reports Senate Amendment 1 to House Bill 5023 and Senate Amendment 1 to House Bill 6983, all Be Adopted. Senator del Valle, Chairperson of the Committee on Education, reports Senate Amendment No. 1 to House Bill 753, Senate Amendment 1 to House Bill 755, Senate Amendment 1 to House Bill 756, Senate Amendment 1 to House Bill 758, Senate Amendment 1 to House Bill 770, Senate Amendment 2 to House Bill 4225 and Senate Amendment 1 to House Bill 5215, all Be Adopted. Senator Jacobs, Chairperson of the Committee on Insurance and Pensions, reports Senate Amendment 1 to House Bill 587 and Senate Amendment 1 to House Bill 1075, all Be Approved for Consideration. Senator Haine, Chairperson of the Committee on Local Government, reports Senate Amendment 1 to House Bill 826, Senate Amendment 1 to House Bill 837, Senate Amendment 1 to House Bill 839, and Senate Amendment 1 to House Bill 4108, all Be Approved for Consideration. Senator Dillard and Senator Cullerton, Co-Chairpersons of the Committee Judiciary, reports Senate Amendment 1 to House Bill 578, Senate Amendment 1 to House Bill 956, Senate Amendment 1 to House Bill 958, Senate Amendment 1 to Senate {sic} Bill 1018, Senate Amendment 1 to House Bill 1020, Senate Amendment 1 to House Bill 1041, Senate Amendment 2 to House Bill 1080, Senate Amendment 1 to House Bill 4566, all Be Adopted. Senator Garrett, (Vice) Chairperson of the Committee on Transportation, reports Senate Amendment 1 to House Bill -- 718, Senate Amendment 1 to House Bill 720, Senate Amendment 1 to House Bill 4012, Senate Amendment 1 to House Bill 6567, Senate Amendment 1 to House Bill 7015, all Be Approved for Consideration. Senator Clayborne, Chairman of the Committee on Environment -- Energy and Environment, reports Senate Amendment 1 to House Bill 833, Senate Amendment 1 to House Bill 874, Senate Amendment 2 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 1 to House Bill 916, Senate Amendment 3 to House Bill 5094, all Be Approved for Consideration. Senator Obama, Chairperson of the Committee on Health and Human Services, reports Senate Amendment 2 to House Bill 679, Senate Amendment 2 to House Bill 686, Senate Amendments 1 and -- 1, 2 and 3 to House Bill -- pardon me, 752, Senate Amendment 1 to House Bill 1086, Senate Amendment 2 to House Bill 2268, Senate Amendment 2 to House Bill 4475, Senate Amendment 1 to House Bill 4558, Senate Amendment 2 to House Bill 4612, Senate Amendment 1 to House Bill 4818, Senate Amendment 2 to House Bill 5057, all Be Approved for Consideration. Senator Ronen, Chairperson of the Committee on Labor and Commerce, reports Senate Amendment 1 to House Bill 921, Senate Amendment 5 to House Bill 4241, Senate Amendment 1 to House Bill 4450, all Be Adopted. Senator Munoz, Chairperson of the Committee on Licensed Activities, reports Senate Amendment 2 to House Bill 2981 and Senate Amendment 1 to House Bill 7029, all Be Adopted.
PRESIDING OFFICER: (SENATOR WELCH) Resolutions.
Senate Resolution 532, offered by Senator Bomke. And Senate Resolution -- pardon me. That’s -- that is the only death resolution.
PRESIDING OFFICER: (SENATOR WELCH) Resolutions Consent Calendar.
533 -- Senate Resolution 533, offered by Senator Walsh. And Senate Joint Resolution 80, offered by Senators Althoff, Winkel, Dave Sullivan, Risinger and others. And it is also substantive.
PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski, for what purpose do you rise?
Thank you, Mr. President. Just like for the record to reflect that Senator Dan Cronin is absent today for personal reasons.
PRESIDING OFFICER: (SENATOR WELCH) 3 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Thank you. Senator Dave Sullivan, for what purpose do you rise?
Thank you, Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR WELCH) State your point.
If the Senate could join me in welcoming my Page today, Mike Harrington from Riverside. And his father, Jim, is in the President’s Gallery.
PRESIDING OFFICER: (SENATOR WELCH) Will our guest in the gallery please rise? Welcome to Springfield. The Chair will be turned over to Senator Terry Link for purposes of an introduction.
Thank you, Mr. President. Senator Peterson. Today I have the opportunity of introducing the Class 6A -- or, part of the Class 6A Football Championship, the Carmel High School Football Team from Mundelein, Illinois, which is represented by Senator Peterson and myself and is actually represented by Senator Geo- Karis and Senator Garrett of all of Lake County where students are coming from. But I -- before I introduce the -- the Coach and the players, I’d like to tell you a little bit about the Carmel High School Team and a little bit about their background, of the type of kids that are coming out of Carmel High School. And that the service hours in which this high school does, that they have already done approximately ten thousand hours of service hours already, and that four of these students are on Illinois State Scholars. And out of these players, thirty-nine players have a 3. grade point average or higher, and thirteen of ‘em have a 3.5 grade point average or higher. And with us today are Coach Andy Bitto, Jim Nolan, a Dean; Drew Cairo-Gross, a guard - correct? - and Luke Krombach, another guard. And I -- I said that’s probably why the running backs gained a hundred thousand yards this last year with two guards like this. But they were one of the only undefeated teams to accomplish this, and I’d like to give a moment to Coach Bitto, if he’d like to say a word. Coach. 4 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
(Remarks by Coach Andy Bitto)
And we -- and we thank Carmel High School for the example that they’ve set for their students, and we look forward to another undefeated season next year. We don’t want to put any pressure on you, Coach. Thank you.
PRESIDING OFFICER: (SENATOR WELCH) Ladies and Gentlemen, please turn to page 7 of the Calendar. Page 7 of the Calendar appears Senate Bills 3rd Reading. On that Order is, in the middle of the page, Senate Bill 3150. Senator Sandoval. Senator Sandoval, on Senate Bill 3150. Senator, do you seek leave of this Body to return Senate Bill 3150 to the Order of 2nd Reading for the purposes of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 3150. Madam Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Sandoval.
PRESIDING OFFICER: (SENATOR WELCH) Senator Sandoval, to explain your amendment.
The amendment provides tenants the right to consent to inspections by -- by inspectors, and it also exempts the abandoned properties and lots. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Is there any discussion? Senator Wendell Jones.
Yes. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WELCH) He indicates he’ll yield, Senator Jones.
Would -- are you going to call this on 3rd? Would you rather have questions on 3rd, or does it matter?
PRESIDING OFFICER: (SENATOR WELCH) I couldn’t hear you.
5 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Would you rather have questions on 3rd, or -- wait till it goes to 3rd?
PRESIDING OFFICER: (SENATOR WELCH) I -- I would say, yes. That’s usually our procedure, Senator.
Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) Thank you. Any further discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it. Amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senator Walsh, for what purpose do you seek recognition?
Thank you, Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR WELCH) State your point.
Mr. President, I have two special guests today with me as Pages. I’m very, very fortunate that -- that my wife, Irene, who’s behind me, came down today. And with ten grandchildren, I have two of ‘em here with me today, my oldest granddaughter, Katie, who’s nine, and my oldest grandson, Frank, who’s five going on fifteen. Anyway, they’re here today as Pages, and I would very much welcome the Illinois Senate to welcome them.
PRESIDING OFFICER: (SENATOR WELCH) Well, welcome, Irene, Katie and Frank, to Springfield. Thanks for coming down. Senator Roskam, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR WELCH) State your point.
6 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Thank you, Mr. President, Ladies and Gentlemen of the Senate. I’d like you to welcome my Page for the Day, Leah Fiddler, from Barrington, Illinois, and her father, Tom Fiddler. And also, Page for Senator Cronin, who’s just not with us right now, Laura Kline, from Elmhurst, and her mother and father, Tom and Ann Kline, and her brother, Scott. Thank you.
PRESIDING OFFICER: (SENATOR WELCH) Will our guests in the gallery please rise? Welcome to Springfield. Senator Righter, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) State your point.
Thank you very much. Mr. President, I would like for the Senate to welcome two constituents of mine from -- or, four, from Champaign County, Ken and Rhonda Brock, who are seated in the President’s Gallery here, along with their daughters, Alicia and Kendra.
PRESIDING OFFICER: (SENATOR WELCH) Will our guests please rise? Welcome to Springfield. Senator Harmon, for what purpose do you rise?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) State your point.
I am honored to be joined by two and a half of my three and a half favorite constituents here. I guess two and eight-ninths to be technical. My wife, Teresa, is here, with our three-and- a-half-year-old son, Don. Just hope you can all come over and meet them at some point during the -- during the Session. Thank you.
PRESIDING OFFICER: (SENATOR WELCH) Welcome to Springfield. Thanks for coming. Ladies and Gentlemen, please turn to page 21 of the Calendar. House Bills 2nd Reading. Ladies and Gentlemen, we are going to page 21. House Bills 2nd Reading. This will be the last time that we go to House Bills 2nd Reading before deadline tomorrow. So anyone 7 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 who has a bill on 2nd Reading that intends to call it for passage had better move it today. Starting at the top of the Calendar. House Bill 1660. Senator Emil Jones. Read the bill, Madam Secretary.
Senate -- pardon me, House Bill 1660. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senator Schoenberg, for what purpose do you rise?
Thank you, Mr. President. I rise on a brief point of personal privilege.
PRESIDING OFFICER: (SENATOR WELCH) State your point.
I am flattered today to have five fine, young people serving as Pages to the Illinois Senate. You know we do everything on the North Shore in a big way. I have Jeffrey Jensen, Ari Conterato, Caitlin Warrick, Emily Kreid and Spencer Graham. Please give them a warm Illinois Senate welcome. Thank you.
PRESIDING OFFICER: (SENATOR WELCH) Welcome to Springfield. On page 21. House Bill 3979. Senator Lightford. Read the bill, Madam Secretary.
House Bill 3979. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported,
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4005. Senator Emil Jones. Read the bill, Madam Secretary.
House Bill 4005. (Secretary reads title of bill) 8 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 2nd Reading of the bill. The Committee on Executive adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR WELCH) Any Floor amendments?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4075 {sic}. Senator Munoz. Read the bill, Madam Secretary.
House Bill 4057. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4154. Senator Schoenberg. House Bill 4197. Senator Emil Jones. Senator Schoenberg, do you want to call your bill? 4154. Read the bill, Madam Secretary.
House Bill 4154. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4197. Senator Emil Jones. Read the bill, Madam Secretary.
House Bill 4197. (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 WELCH) There any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4200. Senator Silverstein. Top of page 22. House Bill 4241. Madam Secretary, return to House Bill 4200. Read the bill, Madam Secretary. 9 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
House Bill 4200. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR WELCH) Any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Top of page 22. House Bill 4241. Senator DeLeo. Read the bill, Madam Secretary.
House Bill 4241. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on -- the Committee on Labor and Commerce adopted Committee Amendments 1 and 2.
PRESIDING OFFICER: (SENATOR WELCH) And Floor amendments?
Yes. Floor Amendment No. 5, offered by Senator DeLeo.
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo, on Floor Amendment No. 5. SENATOR DeLEO: Thank you very much, Mr. President, Ladies and Gentlemen of the -- of the Senate. We just adopted the Amendment No. 5 in the Labor and Commerce Committee just a few minutes ago. There’s -- we’re working on this bill and the labor -- Amendment No. 5 is all the exemptions of people that wanted to be exempted out. It’s churches, elementary and secondary schools, synagogues and buildings. It’s -- some public utilities. We still have some other amendments coming. I’d ask for Amendment No. 5 to be adopted.
PRESIDING OFFICER: (SENATOR WELCH) Any discussion? Senator Wojcik.
Thank you. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator. 10 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
Senator, originally the bill stated that it would be ninety days that the employees would be able to still be kept. What are the days now?
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: Thank you very much, Senator Wojcik. Now this bill changes it to -- to a twenty -- reduces it from a ninety-day to twenty- five-day transition period.
PRESIDING OFFICER: (SENATOR WELCH) Senator Wojcik.
You still do have opposition and you still are going to try to work this out?
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: That’s correct, Senator.
PRESIDING OFFICER: (SENATOR WELCH) Senator Wojcik.
Just thank you.
PRESIDING OFFICER: (SENATOR WELCH) Thank you. Could we have a little quiet? It was hard to hear the repartee there on the last question. Senator Luechtefeld, what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR WELCH) State your point.
In the balcony on the Republican side here is a very good friend of mine who’s come up to watch how this process works today. His name’s Tom Hund. Would you -- would you please welcome him to the Senate?
PRESIDING OFFICER: (SENATOR WELCH) Will our guest please rise? Welcome to Springfield. Senator Hendon. 11 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.
Thank you very much. Senator -- Senator DeLeo, I want to commend you on the great work you’ve done on this bill. And today we’re only voting right now just on Amendment No. 5, and then we will continue to work on this and hold it for a minute till we work the rest out. Is that correct?
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: Thank you very much, Senator Hendon. That’s correct.
PRESIDING OFFICER: (SENATOR WELCH) Senator Hendon.
With that, I urge everyone to support Senator DeLeo on Amendment No. 5. Thank you.
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo, to close. SENATOR DeLEO: I’d ask for the amendment to be adopted.
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo moves the adoption of Amendment No. 5 to House Bill 4241. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Madam Secretary, are there any other -- are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senator -- Righter, for what purpose do you rise?
Inquiry of the Chair, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) Yes.
12 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Mr. President, you announced when we started that this was going to be the last time through for -- for sponsors to move their bills from 2nds to 3rds. And the question I have is, are those sponsors still going to have the options if amendments pop out, to get the bills put back on Recall and then attach an amendment on there, or are the bills that we’re seeing be moved to 3rds right now going to be voted on or not voted on, but only in those forms?
PRESIDING OFFICER: (SENATOR WELCH) We will be recalling bills from 3rd Reading for amendments. Yes. Senator Righter.
So, if I understand you correctly, this is simply the last time we’re going to through 2nd Reading Order on the Calendar. That doesn’t mean that there aren’t going to be bills going back and forth between 3rd Reading and 2nd on recall in order to put amendments on.
PRESIDING OFFICER: (SENATOR WELCH) That is correct.
Okay. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) Thank you. On page 22, House Bills 2nd Reading. The next bill is House Bill 4283. Senator Munoz. Read the bill, Madam Secretary.
House Bill 4283. (Secretary reads title of bill) 2nd Reading of the bill. No -- pardon me. The Committee on Licensed Activities adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR WELCH) Any Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senator John Jones, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege. 13 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
PRESIDING OFFICER: (SENATOR WELCH) State your point.
Up in the gallery right above me here, I have the Junior High from Selmaville in Marion County with -- their instructors Lloyd Clark, Phyllis Smith and Elizebeth Shuler. I’d like you to give ‘em a warm welcome.
PRESIDING OFFICER: (SENATOR WELCH) Will our guests in the gallery please rise and be welcomed to the Senate? Thank you for coming here. House Bill 4302. Senator Meeks. Read the bill, Madam Secretary.
House Bill 4302. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4432. Senator Harmon. Senator Harmon. House Bill 4450. Senator Clayborne. Read the bill, Madam Secretary.
House Bill 4450. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WELCH) Are there any Floor amendments?
Yes. Floor Amendment No. 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne, to explain Floor Amendment No. 1.
Floor Amendment No. 1 just basically exempts -- takes the banks out of the bill under this provision.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Clayborne moves the adoption of Floor Amendment No. 1 to House Bill 4450. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any other Floor amendments approved for consideration? 14 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4475. Senator Larry Walsh. Read the bill, Madam Secretary.
House Bill 4475. (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 WELCH) Are there any Floor amendments?
Yes. Floor Amendment No. 2, offered by Senators Walsh and Hunter.
PRESIDING OFFICER: (SENATOR WELCH) Senator Walsh, to explain Floor Amendment No. 2.
Thank you, Mr. President. Senate Amendment No. 2 is just a technical amendment. Came out of the committee unanimously and it basically cleaned up some of the language in regards to -- GRF chargeback.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Walsh moves the adoption of Floor Amendment No. 2. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any other Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill 4489. Senator Soden. Do you wish to proceed, Senator Soden? Read the bill, Madam Secretary.
House Bill 4489. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WELCH) Have there been any Floor amendments filed? 15 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
Yes. Floor Amendment No. 1, offered by Senator Soden.
PRESIDING OFFICER: (SENATOR WELCH) Senator Soden, to explain Floor Amendment No. 1.
Mr. President, Members of the Senate, Amendment No. 1 covers the issuance of license plates to individuals who hold ham radio license in the State of Illinois.
PRESIDING OFFICER: (SENATOR WELCH) Thank you, Senator Soden. Senator Dillard, apparently this was your amendment. You’ll -- you’ll stand on Senator Soden’s explanation? All right. Is there any discussion? If not, Senator Dillard moves the adoption of Floor Amendment No. 1 to House Bill 4489. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments filed for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate -- excuse me. House Bill 4505. Senator Collins. Read the bill, Madam Secretary.
House Bill 4505. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4558. Senator Ronen. Read the bill, Madam Secretary.
House Bill 4558. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WELCH) Have any Floor amendments been filed?
Yes. Floor Amendment No. 2 {sic} (1), offered by Senator Schoenberg {sic}.
PRESIDING OFFICER: (SENATOR WELCH) 16 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Senator Schoenberg, to explain Floor Amendment No. 2 {sic}. Senator Schoenberg, we have this as a Schoenberg amendment to a Ronen bill. Do you want Senator Ronen to explain the amendment?
Yeah. It’s Senator Ronen’s amendment. People often mistake us, but it would be more appropriate for Senator Ronen to handle the amendment since it is, indeed, hers.
PRESIDING OFFICER: (SENATOR WELCH) Senator Ronen.
Thank you. Thank you, Senator Schoenberg, for those kind words. This amendment we just adopted in committee. It narrows and further defines the scope of the suicide prevention program that the Department of Public Health will undertake.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Ronen moves the amendment -- moves the adoption of Floor Amendment No. 2 {sic} to House Bill 4558. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senator Crotty, for what purpose do you rise?
I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR WELCH) State your point.
At this time I would like to introduce a good friend to education and a ex-constituent, but a very good friend of mine, Chris Slowic, who is up in the gallery. And would everybody join me in welcoming her to Springfield?
PRESIDING OFFICER: (SENATOR WELCH) Will our guest please rise in the gallery? Welcome to Springfield. House Bill 4566. Senator Collins. Read the bill, Madam Secretary.
House Bill 4566. 17 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WELCH) Channel 2 News has asked permission to videotape and record the proceedings. Is there any objection? Seeing no objection, leave is granted. Senator Collins. Have any Floor amendments been filed?
Yes. Floor Amendment No. 1, offered by Senator Collins.
PRESIDING OFFICER: (SENATOR WELCH) Senator Collins, to explain Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment No. 1 is offered to address concerns raised in the Judiciary Committee that the failure of a judge to provide a juvenile offender with required notice of a possible right to expungement could be construed to create a substantive right that would be used later as a basis for an appeal, retrial or adjudication of delinquency.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Collins moves the adoption of Floor Amendment No. 1 to House Bill 4566. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4612. Senator Schoenberg. Read the bill, Madam Secretary.
House Bill 4612. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WELCH) Have any Floor amendments been filed?
Floor Amendment No. 1 {sic} (2), offered by Senator Ronen {sic}.
PRESIDING OFFICER: (SENATOR WELCH) 18 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Senator -- Senator Schoenberg, to explain Floor Amendment No. 1 {sic}.
Once again, a case of mistaken identity. You would think we cloned Senator Ronen.
PRESIDING OFFICER: (SENATOR WELCH) Senator Ronen doesn’t appreciate the comparison.
I’m -- I’m sure she’s -- represents the majority of the Body. But anyway, Floor Amendment No. 1 is from the Department of Public Health, in concert with the administration, on the constitution of the number of physician members and at-large members on the State Board of Health. It gets -- it fine tunes the terms so that they would be consistent and statutorily correct. It also adds a representative of the business community, another representative of the nonprofit public community to the -- State Board of Health. And finally, it requires the State Board of Health, not the -- not a task force, to deliver to the Governor a Statewide Health Improvement Plan. I’d be happy to answer any questions on the amendment or the bill.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Schoenberg moves the adoption of Floor Amendment No. 1 {sic} to House Bill 4612. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any other Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. On the top of page 23, House Bill 4686. Senator Lightford. House Bill 4744. Senator Larry Walsh. House Bill 4856. Senator Collins. Read the bill, Madam Secretary.
House Bill 4856. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 19 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4894. Senator Schoenberg. Read the bill, Madam Secretary.
House Bill 4894. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4960. Senator DeLeo. Read the bill, Madam Secretary.
House Bill 4960. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities adopted Committee Amendment No. 1.
PRESIDING OFFICER: (SENATOR WELCH) Have there been any Floor amendments filed?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4977. Senator Roskam. Read the bill, Madam Secretary.
House Bill 4977. (Secretary reads title of bill) 2nd Reading of the bill No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 5011. Senator Munoz. Read the bill, Madam Secretary.
House Bill 5011. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 20 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 3rd Reading. House Bill 5025. Senator Larry Walsh. Read -- House Bill 5070. Senator Munoz. Read the bill, Madam Secretary.
House Bill 5070. (Secretary reads title of bill) 2nd Reading of the bill No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 5131. Senator Ronen. Read the bill, Madam Secretary.
House Bill 5131. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 5157. With leave of the Body, we’ll come back to that one. House Bill -- 5734. Senator Winkel. Read the bill, Madam Secretary.
House Bill 5734. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 5875. Senator Harmon. Read the bill, Madam Secretary.
House Bill 5875. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 5891. Senator DeLeo. Read the bill, Madam Secretary.
House Bill 5891. (Secretary reads title of bill) 21 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 6760. Senator Roskam. Read the bill, Madam Secretary.
House Bill 6760. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Excuse me. Are there any Floor amendments?
Yes. Floor Amendment No. 1, offered by Senator Cronin.
PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam, to explain Floor Amendment No. 1.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senator -- Senator Cronin is not here, and on his behalf, I’m presenting Floor Amendment No. 1, with leave of the Body. It is -- in a nutshell, it addresses an issue that is raised in his district in terms of the ownership of real property as it relates to public schools. I think it’d be easier if I explained it in more detail on 3rd Reading, and I move its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Roskam moves the adoption of Floor Amendment No. 1 to House Bill 6760. All those in favor, say Aye. Opposed, Nay. The Ayes have it. Amendment is adopted. Are there any further Floor amendments filed for consideration?
Yes. Floor Amendment No. 2, offered by Senator Roskam.
PRESIDING OFFICER: (SENATOR WELCH) Senator Roskam, to explain Floor Amendment No. 2.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 2 addresses an issue as it relates to how religious property is treated from an assessor’s point of view when religious institutions enter into contractual 22 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 relationships with Metra for parking. It’s not complicated. I urge its passage and I’ll explain it in further detail on 3rd Reading.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Roskam moves the adoption of Floor Amendment No. 2 to House Bill 6760. All those in favor will vote Aye. Opposed, vote Nay. All those in favor, vote Aye. Opposed, Nay. The Ayes have it. Amendment is adopted. Any further Floor amendments filed -- for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 7029. Senator Trotter. Read the bill, Madam Secretary.
House Bill 7029. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WELCH) Have there been any Floor amendments filed for consideration?
Yes. Floor Amendment No. 1, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR WELCH) Senator Trotter.
Thank you very much, Mr. -- Mr. President, Members of the Senate. Floor Amendment No. 1 to House Bill 7029 deletes all and -- and the language becomes the bill. Beginning on July 1st of 2004 and each year thereafter, 1.2 million dollars from the Nursing Dedicated and Professional Fund will be set aside by the Illinois Department of Public Health for nursing scholarships. This money is not to be subject to transfer to the General Revenue Fund.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Trotter moves the adoption of Floor Amendment No. 1 to House Bill 7029. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The 23 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 amendment’s adopted. Are there any further Floor amendments filed for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. With -- with leave of the Body, we will return to House Bill 5157 on page 23. Senator Clayborne, to handle the amendment. Madam Secretary, please read the bill.
House Bill 5157. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WELCH) Have any Floor amendments been approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Welch.
PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne, to handle Floor Amendment No. 1. Senator Clayborne.
Yes. Floor Amendment No. 1 is just a checkoff for veterans’ homes.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator David Sullivan.
Thank you, Mr. President. Just a question of the sponsor. I know there’s been some mix-up between Senator Schoenberg and Ronen, but is this a mix-up between Senator Welch and Clayborne?
PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne, to respond.
He’s just a mentor of mine. That’s all.
PRESIDING OFFICER: (SENATOR WELCH) Is there any further discussion? If not, Senator Clayborne moves the adoption of Floor Amendment No. 1 to House Bill 5157. All those in favor, say Aye. Opposed, Nay. The Ayes have it. Have there been any -- any further Floor amendments approved for consideration?
24 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Ladies and Gentlemen, we will now go to page 20 of the Calendar at the top of the page. This is where we left off on yesterday on House Bills 3rd Reading. So we will now go to 3rd Readings, final passage. First bill on the Calendar, House Bill 6902. Senator Righter. Read the bill, Madam Secretary.
House Bill 6902. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill -- 6902 would make two changes to the Criminal Code with regards to the offense of juvenile pimping. First, in most of the other statutes that we have, or criminal laws, or statutes that we have in Illinois, there is an enhancement of the offense if the victim is thirteen years of age or younger. This would create the offense of aggravated juvenile pimping if, in fact, the victim is greater than -- or, I’m sorry, less than thirteen years of age. In addition to that, it also cleans up the statute to account for the possibilities, which have happened twice in Champaign County, where the money was not given directly to the victim. And I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Hendon.
Thank you, Mr. President. I -- I just rise, as Senator Meeks did last week, on a Righter bill. Just can’t let a Righter bill go out without some questioning, since he loves to question other people’s bills. So, I -- I’m supportive of him here. We don’t need any more magic wands running around in your area or my area so I ask for support on this bill. But we have to say something any time Senator Righter has a bill. And it 25 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 shows the bipartisan nature of President Jones to even allow a Senator Righter bill to be heard, even when it’s a good one.
PRESIDING OFFICER: (SENATOR WELCH) The -- the question is, shall House Bill 6902 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 55 Members voted Yes, no Members voted No, and no Member is voted Present. House Bill 6902, having received the required constitutional majority, is declared passed. House Bill 6906. Senator Schoenberg. Read the bill, Madam Secretary.
House Bill 6906. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate -- House Bill -- 6906 is supported by the State Board of Education, the Illinois Business RoundTable, the Illinois Education Association, and the Chicago Public Schools. It -- it makes a specific change on -- on the fact that we can spend forty percent of Title 2 grants on professional development for teachers in areas of high need, such as math, special education, and science. This amended a specific reference in the underlying bill to spending forty percent of the Title 2 grants for recruitment and retention initiatives that have to do with recruiting and retaining -- highly qualified teachers as specified in the No Child Left Behind Act. As we discussed in committee, what this essentially does is transform the broader category of directing these resources to professional development to targeting more to where the actual shortages exist for highly qualified teachers so as to be in concert with the No Child Left Behind Act. I’d be happy to try to answer any questions. And there’s no known opposition to the bill.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Burzynski. 26 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
Thank you, Mr. President. Will the sponsor yield for a question or two?
PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.
Thank you. Senator Schoenberg, I remember we had some discussion on this in committee. I remember I voted No. And I’m thinking that -- that what we were concerned about, if I’m not -- if I remember halfway correctly, is the fact that we were concerned the school districts would be forced into using at least forty percent of this money for this reason. Can you address that? Or maybe you already did. I’m sorry.
PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.
The school districts wouldn’t be forced into it. If anything, the -- the category of professional -- under the bill as it was originally drafted, professional develop is a much broader, more ambiguous term. If anything, this ensures that the -- that the money would be directly targeted towards those - - areas where there’s shortages for highly qualified teachers. I don’t think that there’s anything that forces school districts, necessarily, to adopt a particular -- to adopt a particular policy. If anything, this probably limits their ability to be more liberal in how they would apply professional development funds.
PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.
Okay. So -- so it limits their ability to make local -- to make local decisions.
PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.
It limits -- it limits their discretion, which is more liberal under the prior definition of professional development. And since we do not want to make that definition more liberal, since we want to target the resources specifically into these 27 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 disciplines in concert with the No Child Left Behind Act, that’s why we’ve made the change. I mean, I’m a big supporter of -- of local control and us being able to ensure that mandates are being kept. I’m also a big supporter, as I know you are, to make sure that the dollars get spent where the need is, indeed, the greatest.
PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.
So then, it -- it does limit some local control issues. What about the definition for “highly qualified”? What is that definition -- or, you know, when they say that they have an overall highly qualified teacher shortage. Highly qualified teachers are those in specific areas, or -- you know, subject matter areas, or just what?
PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.
Under the -- under the bill, the highly qualified is really defined by the federal No Child Left Behind Act of 2001. In practical terms, by the end of -- the 2005-2006 academic year, all teachers in core academic -- in core academic subjects would have to be highly -- highly qualified in areas of teaching assignments. Now, what are core academic subjects? Reading, English, language arts, math, science, foreign languages, et cetera. What we really -- what the specific purpose of this bill is to -- is to really be able to get where the -- where the deficiencies are the greatest and apply the resources there.
PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.
Thank you. I -- I just see a couple of problems with -- with the bill. And it’s starting to come back to me, Senator, as we talk about this a little bit more and as I look at the language of it. But, first of all, the fact that if they do have a shortage of highly qualified teachers, this bill says they must spend at least forty percent of the money it receives for Title 2 grants for teacher retention, whatever, which -- which means that that -- that we are restricting and we are more 28 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 restrictive with Title 2 grants than what the feds say that we have to be. That’s one. Number two, I think I had a question in committee relative to signing bonuses, because one of the things we talked about is these funds could be used for signing bonuses or -- or retention monies to keep people in their jobs. And I asked if that had an impact relative to teacher contracts. And that was another concern that I had.
PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg.
The federal law does -- the federal law does permit signing bonuses. And I know, for example, when I’ve gone throughout the State and had town hall meetings on the teacher shortage in the State, in downstate districts, in particular, which find themselves struggling to hold on to -- to highly qualified and skilled teachers in particular disciplines, such as special education, mathematics and science, that because they find themselves often competing with suburban districts, the signing bonuses are that which can help retain those teachers, as is applying dollars towards mentoring programs. You and I have both found fault with the fact that the State has been lax in its commitment towards -- funding mentoring programs. Arguably, this is a way to ensure that mentoring programs won’t get left behind, so that senior teachers can mentor new teachers and so that they won’t leave the profession.
PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg, to close. Was that your closing…
I urge -- I urge an Aye vote.
PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg moves the passage of House Bill 6906. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 36 Members voting Yes, 21 Members voted No, no Member is recorded as Present. House Bill 6906, having received the required constitutional majority, is declared passed. House Bill 6954. Senator Martinez. House Bill 6983. Senator Link. Read the bill, Madam Secretary. 29 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
House Bill…
PRESIDING OFFICER: (SENATOR WELCH) That bill in on the recall list. Senator Link seeks leave of the Body to return House Bill 6983 to the Order of 2nd Reading for purposes of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 6983. Madam Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR WELCH) Senator Link, to explain Floor Amendment No. 1.
Thank you, Mr. President. The amendment retains the underlying bill. Just adds a new exemption of a list of manufactured articles and materials and supplies that may be purchased overseas. Telecommunications services, Internet, information services, pharmaceutical products are excluded from restrictions of this bill.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Link moves the adoption of Floor Amendment No. 1 to House Bill 6983. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any other Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 7015. Senator Jacobs. Folks, we can’t hear a thing. We can’t hear anything up here, folks. Could the staff please move to the back of the room? Could the guests here please just observe? And maybe we can hear what we’re doing here. Senator Jacobs seeks leave of this Body to return House Bill 7015 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 7015. Madam Secretary, are there any amendments approved for consideration?
30 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Yes. Floor Amendment No. 1, offered by Senator Jacobs.
PRESIDING OFFICER: (SENATOR WELCH) Senator Jacobs, to explain Floor Amendment No. 1.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 1 increase fines for speeding in work zones for a first offense from a hundred and fifty to two hundred and fifty dollars and provides for a straight ninety-day suspension for driving privileges for speeding in a work zone for a subsequent or second speeding violation within two years of the previous violation. And it removes a portion of the bill that permitted the use of automated construction or maintenance speed zone enforcement system and construction of maintenance speed enforcement systems, ‘cause that provision is in a bill that Senator Munoz is carrying.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Jacobs moves the adoption of Floor Amendment No. 1 to House Bill 7015. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments offered for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 7030. Senator Trotter. Read the bill, Madam Secretary.
House Bill 7030. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WELCH) Senator Trotter.
Thank you very much. Sorry about the hesitation. This legislation amends the -- the Nursing Education Scholarship Law, authorizing scholarships for persons who are pursuing graduates degree in nursing. It reduces the percentage of scholarship that must go to recipients -- recipients pursuing bachelor’s degrees from forty -- from fifty percent to forty percent, and 31 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 recipients pursuing associate degrees from forty percent to thirty percent, and requires twenty percent of those scholarships then to go to recipients who are pursuing a graduate degree in nursing. Its proponents are the Illinois Nursing Association.
PRESIDING OFFICER: (SENATOR WELCH) Is there… I’m sorry.
No. I’m just saying there are no known opponents.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Trotter, to close.
Just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 7030 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, no Members are recorded No, and none are recorded as voting Present. House Bill 7030, having received the required constitutional majority, is declared passed. House Bill 7043. Senator Righter. Senator Dale Righter. Read the bill, Madam Secretary.
House Bill 7043. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WELCH) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill 7043 is identical to Senate Bill 2447, which passed this Chamber unanimously earlier this Session. It requires that the law state that prima facie evidence of abuse or neglect will exist if a child, who is the subject of that abuse or neglect, is found in a residence with a methamphetamine manufacturing lab where the parents or guardians are doing the drug manufacturing. Be happy to answer any questions. 32 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 7043 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 56 Members voted Yes, no Member voted No, and no Member is recorded as Present. House Bill 7043, having received the required constitutional majority, is declared passed. House Bill 7057. Senator Harmon. Senator Harmon seeks leave of the Body to return House Bill 7057 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 7057. Madam Secretary, are there any amendments approved for consideration?
Yes. Floor Amendment No. 3, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon, to explain Floor Amendment No. 3.
Thank you, Mr. President. Floor Amendment No. 3 is largely technical. I’d ask the Body to adopt it. I look forward to debating the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon moves the adoption of Floor Amendment No. 3. Is there any discussion? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any other Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 7169. Senator Emil Jones. House Bill 7170. Senator Emil Jones. House Bill 7173. 7174. 7175 - - wait a minute. That wasn’t -- 7177, (71)78, (71)79, (71)80 and (71)81 are all Senator Jones’ bills. The last bill on 3rd Reading, House Bill 7263. Senator Burzynski. Read the bill, Madam Secretary.
House Bill 7263. (Secretary reads title of bill) 33 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. What this bill does is basically codify the flying of the POW/MIA flag that most of us have already seen flying around our county courthouses. And this codifies that and allows counties to do that by statute.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Burzynski closes. The -- we have a question. Senator Rutherford, for what purpose do you rise?
For a question.
PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski, will you yield? Indicates…
Question is, are they precluded from doing that now?
PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.
Absolutely not.
PRESIDING OFFICER: (SENATOR WELCH) Senator Rutherford.
So why do we need this law?
PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.
It’s a good question. This bill was brought to us by Vietnam veterans who had received some resistance to flying the POW/MIA flags, except on special occasions, from counties, and they wanted a bill enacted that would allow the counties to be able to do that on a regular basis.
PRESIDING OFFICER: (SENATOR WELCH) Senator Rutherford.
34 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 So, my counties that have been flying it might have been in violation of something prior to that and now you’re trying to correct that.
PRESIDING OFFICER: (SENATOR WELCH) Senator Burzynski.
That is my understanding. Yes, sir.
PRESIDING OFFICER: (SENATOR WELCH) Senator Rutherford.
Thank you.
PRESIDING OFFICER: (SENATOR WELCH) The -- the question is, shall House Bill 7263 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, no Member voted No, no Member recorded voting Present. House Bill 7263, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, please turn to page 8 of the Calendar, House Bills 3rd Reading. We’re going to pick up bills that Senator DeLeo was unable to call yesterday because he was in the Chair, and then we are going to proceed to House Bills 3rd Reading that have Floor amendments on them. First bill is House Bill 393. Senator DeLeo. Read the bill, Madam Secretary.
House Bill 393. (Secretary reads title of bill)
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. House Bill 393 is an -- amends the Illinois Income Tax and Insurance Code. And what this -- the purpose of this bill to enable to formation of specialized tax-exempt insurance companies to insure non-for-profits, focus their business on non-for-profit religious, charitable and educational sectors. This legislation is intended to reduce the insurance 35 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 costs in order to alleviate the financial burden for non-for- profits. I'd ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Brady.
Thank you. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.
Senator DeLeo, just for the Members on this side of the aisle - we discussed this in committee - you indicated that this would really only help one company in the City of Chicago. Is that correct?
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: That’s correct. It’s called First Nonprofit Insurance Company, in Cook County. Chicago, Cook County.
Our staff tells us that…
PRESIDING OFFICER: (SENATOR WELCH) Senator Brady.
Our staff indicates that this would save them approximately a million dollars in federal and State taxes annually. Is that correct as well?
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: That’s correct. That -- that’s how we allow them to pass the savings on to the non-for-profits in the lower premiums.
PRESIDING OFFICER: (SENATOR WELCH) Senator Brady.
Would other companies who wish to engage in this business be able to do so and apply and receive the same benefit?
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: 36 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 If they were to organize and -- make them -- reorganize and put themselves in a risk pool like this company is, then they’d be eligible.
PRESIDING OFFICER: (SENATOR WELCH) Senator Brady.
Thank you.
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo, to close. SENATOR DeLEO: Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. I'd ask for a favorable roll call on House Bill 393.
PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 393 pass. All those in favor, vote Aye. Opposed, vote Aye. The voting is now open. All those -- have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Members voting Yes, no Member voted No, no Member voted Present. House Bill 393, having received the required constitutional majority, is declared passed. On the top of page 10, House Bill 742. Senator DeLeo. Read the bill, Madam Secretary. Senator DeLeo seeks leave of the Body to return House Bill…
House Bill 742. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo seeks leave of the Body to return House Bill 7042 {sic} to the Order of 2nd Reading for purposes of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 742. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator DeLeo.
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo, to explain Floor Amendment No. 2. SENATOR DeLEO: 37 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Thank you very much. As you remember, on House Bill No. 1 to -- House -- excuse me, Amendment No. 1 to House Bill 742 was the exemption that we put on this liquor bill for Jewel/Osco. This is a -- another location in the City of Chicago that’s asking for an exemption. The property is owned by the University of Illinois in the old Maxwell Street District area. It’s now being under redevelopment. They need an exemption because there is one privately owned church in the community, and this is -- falls in within the hundred feet. And -- the University of Illinois officials and State of Illinois officials -- and City of Chicago officials have talked to the pastor and he has no objection to this -- to this variance. So this would be Amendment No. 2 on this wonderful bill, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, all those in favor say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. On page 16 of the Calendar, is House Bill 4426. Senator DeLeo. Read the bill, Madam Secretary.
House Bill 4426. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: Thank you very, very much, Mr. President, Ladies and Gentlemen of the committee {sic}. This is a -- the -- Arsonist Registration Act. It’s similar to the Sex Offenders Act. If you’re a convicted arsonist, you’ll be registered in the -- in the community that you’re living in. This legislation was brought to my attention by an organization made up of survivors. Some of you may remember the -- on the northwest side of Chicago a number of years ago the Our Lady of the Angels fire. This was a fire, as you may know, killed ninety-eight students and three 38 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 nuns. This fire was started by an arsonist who several years later, went on to start another fatal fire. I had two people that were survivors of that fire testify in front of the committee. This would create the -- the Act similar to the Sex Offender Act, and I'd ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Any discussion? If not, the question is, shall House Bill 4426 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 56 Members voted Yes, no Member voted No, and none are recorded voting Present. House Bill 4426, having received the required constitutional majority, is declared passed. On the same page appears House Bill 4502. Senator DeLeo. Read the bill, Madam Secretary. Out of the record. Page 17, House Bill 4862. Senator DeLeo. Read the bill, Madam Secretary.
House Bill 4862. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: Thank you. Thank you very much, once again, Mr. President, Ladies and Gentlemen of the Senate. Again, this was brought to us by a constituent. We had a situation where a home inspector was doing an inspection. He fell off the ladder, was rushed to Resurrection Hospital, died a couple days later and the family wanted to donate the organs, and they realized that the hospital didn’t have a donation program in order. This is -- this is -- if there’s not been a certification of brain dead, the hospital does not have a policy to allow the donation after a cardiac arrest. This clarifies and allows the -- the hospital to -- put in -- a policy in effect so the family can do organ donations.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Any discussion? If not, the question is, shall House Bill 4862 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all 39 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 57 Members voted Yes, no Member voted No, and none are recorded voting Present. House Bill 4862, having received the required constitutional majority, is declared passed. On the bottom of page 17 appears House Bill 4947. Senator DeLeo. Read the bill, Madam Secretary.
House Bill 4947. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WELCH) Senator James DeLeo. SENATOR DeLEO: Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative of CMS. It amends the Procurement Code concerning small business set-asides of construction and supplies of service contracts. This would increase the maximum amount of annual sales or receipts to qualify as a small wholesaler in the State of Illinois from 7.5 million, which it’s currently at, to ten million. The bill would increase the maximum amount of annual sales and receipts to qualify as a small retailer in the State of Illinois.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Roskam.
Thank you, Mr. President. Parliamentary inquiry.
PRESIDING OFFICER: (SENATOR WELCH) Please proceed.
Mr. -- Mr. President, how many more bills are on the “Order of DeLeo” this afternoon? I don’t have this special order of business in and my -- thank you for -- for that insightful observation on your part, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WELCH) Indicates he’ll yield, Senator.
Senator DeLeo, just out of curiosity, the past five, six, seven, eight, nine bills of yours that we’ve done in a row, did 40 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 you hear about any of these issues when you were ever campaigning for office? Did they ever come up on a doorstep? I’m absolutely curious.
PRESIDING OFFICER: (SENATOR WELCH) Senator DeLeo. SENATOR DeLEO: Well, thank you very much, Senator Roskam, for that inquiry. God’s blessed me. And I have not had to campaign vigorously for -- for over seventeen years. I’ve been unopposed in the primary and general, two redistrictings - the House and Senate. So, no, these are just things that are brought to our attention as -- as this Legislative Body proceeds in this late part of May. And I’m just -- want to do for the -- right for the people of the State of Illinois, sir.
PRESIDING OFFICER: (SENATOR WELCH) The question is, shall House Bill 4947 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 56 Members voted Yes, no Member voted No, and 1 Member voted Present. House Bill 4947, having received the required constitutional majority, is declared passed. Please turn to page 19. House Bill 5415. Senator DeLeo. Read the bill, Mr. Secretary.
House Bill 5415. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WELCH) Senator James DeLeo. SENATOR DeLEO: Thank you very much, Mr. President and Ladies and Gentlemen of the Senate, and Senator Roskam. House Bill 5415 adds the President of the Cook County Board as a member of the Illinois Criminal Justice (Information) Authority, bringing the total number of members to twenty-one. The amendment -- the legislation originally required the President or his delegate. The member {sic} takes out his delegate. The President must attend the meetings and eligible to vote. I ask for its favorable roll call. 41 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the question is, shall House Bill 5415 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 51 Members voted Yes, 5 Members voted No, no Member is recorded voting Present. House Bill 5415, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, please turn to page 9 of the Calendar, on House Bills 3rd Readings - those with Floor amendments - appears House Bill 575. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 575 to the Order of 2nd Reading for purposes of amendment. There’s no objection, so granted. On the Order of 2nd Reading is House Bill 575. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 2, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, to explain Amendment No. 2.
Thank you, Mr. President, Members of the Senate. This bill would create the Department of Juvenile Justice as the successor agency to the Juvenile Division of the Department of Corrections and makes it clear that the changes made to the juvenile programs be done without increasing the relevant budget items beyond their 2004 appropriation. Ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Cullerton seeks the amendment -- seeks approval of Amendment No. 2 to House Bill 575. All those in favor, say Aye. Opposed, say Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 578. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 578 to the Order of 2nd Reading. With no objection, so ordered. On 42 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 the Order of 2nd Reading is House Bill 578. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, to explain Floor Amendment No. 1.
Thank you, Mr. President, Members of the Senate. This amendment was just adopted by the Judiciary Committee today, which is a cleanup of the -- the death penalty reform bill that we had last year. Would allow the use of Capital Litigation Trust Funds for the State’s Attorneys Appellate Prosecutor, the State Appellate Defender and the Attorney General for post- conviction proceedings. Also authorizes the State Appellate Defender to contract with attorneys to provide representation, but makes their compensation subject to court approval. And it allows the court to permit late filing of post-conviction proceedings under certain circumstances. Ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Cullerton moves for the adoption of Floor Amendment No. 1 to House Bill 578. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 587. Senator Emil Jones. House Bill 649. Senator Cullerton. Senator -- House Bill 679. Senator Trotter. House Bill 718. Senator Link. Senator Link seeks leave of the Body to return House Bill 718 to the Order of 2nd Reading for purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 718. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR WELCH) Senator Link. 43 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
Thank you, Mr. President. This requires that all drivers who have a judgment that results from being at fault in an uninsured motor vehicle crash discharged in bankruptcy must give proof of financial responsibility before the person’s driver’s license will be reinstated, and that proof of financial responsibility must be maintained for a period of three years from the date of proof of first filed.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Link seeks adoption of Floor Amendment No. 1 to House Bill 718. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 720. Senator Link. Senator Link seeks leave of the Body to return House Bill 720 to the Order of 2nd Reading for purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 720. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR WELCH) Senator Link, to explain your amendment.
Thank you, Mr. President. This is the same as a bill that we passed out 58 to nothing in the Senate, but got caught in a triangle somehow. What this does, is it’s an agreement between the Professional Towing Operators and the Illinois Department of Transportation which allows vehicles to be -- disabled -- tow disabled vehicles from initial point of a wreck to a location to be repaired. It also changes the weight from -- to create the limit for a tow truck manufactured with a third axel, weight of fifty-six thousand pounds. Reduces current fees from two thousand to two hundred and also removes a -- a fifty-mile limit restriction for disabled vehicles to be towed. 44 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Link moves the adoption of Floor Amendment 1 to House Bill 720. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. On page 9, House Bill 686. Senator Collins. Senator Collins seeks leave of the Body to return House Bill 686 to the Order of 2nd Reading for purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 686. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 2, offered by Senator Collins.
PRESIDING OFFICER: (SENATOR WELCH) Senator Collins, to explain the amendment.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Amendment No. 2 passed out of the Health and Human Services Committee unanimously this morning. What it basically does is a technical cleanup to House Bill 274 that we passed last year in Session which established the inclusion of women and minorities in the Clinical Research Act. What Senate Amendment No. 2 basically does, is it defines minority group and -- as well as it also stipulates that there must be compliance with the National Institute of Health Guidelines on Inclusion of Women and Minorities in Clinical Research.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Collins moves the adoption of Floor Amendment No. 2 to House Bill 686. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 45 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 3rd Reading. House Bill 729. Senator Harmon. Senator Harmon seeks leave of the Body to return House Bill 729 to the Order of 2nd Reading for purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 729. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon, to explain Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment No. 1 becomes the bill. This is the bill that would provide for the consolidation of the Suburban Cook County Tuberculosis Sanitarium District into the Department of Public Health in Cook County. It came out of the Executive Committee yesterday. I look forward to debating it on 3rd Reading.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, the -- if not, Senator Harmon moves the adoption of Floor Amendment No. 1. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendment reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senator Roskam, for what purpose do you rise?
Thank you, Mr. President. You know, I -- I -- I hit my switch late and I had a question on the previous bill. Maybe I could just bring it to the sponsor’s attention. The board said that it -- that we amended the Regional Transportation Act. And I know that’s not what the underlying bill does, and I’m just concerned that there might be a -- a germaneness problem. I looked quickly at the -- at the underlying bill on the computer and I think there might be an issue there. I just raise it for your review, and check it out.
PRESIDING OFFICER: (SENATOR WELCH) 46 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Thank you. We’ll check that out. On the top of page 10, House Bill 742. Senator DeLeo. We did that one. House Bill 753. Senator Peterson. Senator Peterson seeks leave of the Body to return House Bill 753 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading appears House Bill 753. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Peterson.
PRESIDING OFFICER: (SENATOR WELCH) Senator Peterson, to explain his amendment. Hold on one second, Senator. We can’t hear anything again. In particular, it seems to be coming from the press galleries, as well as the back. Senator Peterson.
Thank you, Mr. President. Amendment 1 to House Bill 753 becomes the bill. It’s narrowly drafted to take care of a problem, a school in my area that has been condemned. It’s not that old a school. The contractors and the architects are debating what went wrong, but the trusses have all cracked in this building. It had to be abandoned, and the kids have been relocated to various areas. This amendment narrowly -- is narrowly drafting an exception to the tax -- bill for temporary relocation loan repayment purposes, and made for payment of principal and interest of any bonds issued for temporary relocation expenses and emergency replacement purposes. I’m sure we can fully debate this on 3rd Reading. I ask for approval of Amendment 1.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Peterson moves for the adoption of Floor Amendment No. 1 to House Bill 753. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 752. Senator Halvorson. Senator Halvorson seeks leave of the Body to return Senate Bill -- House 47 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Bill 752 to the Order of 2nd Reading for purposes of amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 752. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Halvorson.
PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson, to explain Amendment No. 1.
Thank you, Mr. President, Members of the Senate. Senate Amendment No. 1 amends the School Code regarding dental examinations, and this legislation would require all children to have an exam when they’re going into kindergarten, second and sixth grade. And it would also require the Department of Public Aid to establish a waiver for children who show an undue burden or lack of access to a dentist. Also, every school would have to report to the State Board of Education the number of children who have received the required dental examinations. And this would take effect on July 1, 2005.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Halvorson moves for the adoption of Floor Amendment No. 1 to House Bill 752. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Halvorson.
PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson, on Amendment No. 2.
Amendment No. 2 just changes the date from June 1st to June 30th -- as the date that the schools must notify the State Board of Education.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Halvorson moves the adoption of Floor Amendment No. 2 to House Bill 752. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration? 48 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
Amendment No. 3, offered by Senator Halvorson.
PRESIDING OFFICER: (SENATOR WELCH) Senator Halvorson, to explain Amendment No. 3.
Amendment No. 3 is just a cleanup, a technical change. We took out the word “total.” So instead of the bill reading that they would establish a wavier for children who show an undue burden or “total lack of access to a dentist,” it’s basically going -- just say, “a lack of access to a dentist.” Total was taken out.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Halvorson moves for the adoption of Floor Amendment No. 3 to House Bill 752. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 755. Senator Harmon. Senator Harmon seeks leave of the Body to return House Bill 755 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 755. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon, to explain Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment No. 1 becomes the bill. This would permit the Oak Park (and) River Forest High School District No. 200 and the Oak Park Grade School District 97 to extract themselves from the Cicero Township Trustee of Schools. It’s based on a model used by the General Assembly over ten years ago to assist the Evanston schools. I look forward to debating the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR WELCH) 49 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Is there any discussion? If not, Senator Harmon moves for the adoption of Floor Amendment No. 1 to House Bill 755. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 756. Senator del Valle. Senator del Valle seeks leave of the Body to return House Bill 756 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 756. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator del Valle.
PRESIDING OFFICER: (SENATOR WELCH) Senator del Valle, to explain Floor Amendment No. 1.
Thank you, Mr. President. This amendment incorporates the -- the revisions recommended by the Governor -- Governor Ryan’s Commission on Revising of -- the Illinois School Code, as well as changes recommended by the State Board of Education. And we also anticipate that upon final review by the Governor’s Office, we may have some additional changes to add to this.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator del Valle moves the adoption of Floor Amendment No. 1 to House Bill 756. All those in favor, vote Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 756. Senator John Sullivan. Senator John Sullivan -- 758, pardon me. Senator John Sullivan seeks leave of the Body to return House Bill 758 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is 50 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 House Bill 758. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR WELCH) Senator Sullivan, to explain his amendment.
Thank you, Mr. President. The amendment requires that when a -- school districts converge and form a new high school district, election of the members of this new district’s boards may be either on an at-large basis or with board members representing each of the forming elementary school districts or a combination of both.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator John Sullivan moves for the adoption of Floor Amendment No. 1 to House Bill 758. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senate Bill -- House Bill 770. With leave of the Body, we’ll come back to that bill. House Bill 826. Senator James Clayborne. Senator Clayborne seeks leave of the Body to return House Bill 826 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 826. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne, to explain Amendment No. 1.
Thank you, Mr. President. House Bill 26 {sic}, the amendment allows a municipality to propose business districts in blighted areas; that a tax can’t be applied to food consumed off the premises or -- medicines or -- or medical supplies, such as grocery stores; that municipalities may impose a hotel 51 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 operators’ tax. And it also includes some technical things requested by DOR, including setting implementation dates for the tax.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Clayborne moves for the adoption of Floor Amendment No. 1 to House Bill 826. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 827. Senator Terry Link. Senator Link seeks leave of the Body to return House Bill 827 to the Order of 2nd Reading for the purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 827. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR WELCH) Senator Link, to explain Amendment No. 1.
Thank you, Mr. President. This is just a TIF extension for the City of Waukegan.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Link moves the adoption of Floor Amendment No. 1 to House Bill 827. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 828. Senator Winkel. Read the bill, Mr. -- I’m sorry. Senator Winkel seeks leave of the Body to return House Bill 828 to the Order of 2nd Reading. Without objection, leave is granted. On the Order of 2nd Reading is 52 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 House Bill 828. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Winkel.
PRESIDING OFFICER: (SENATOR WELCH) Senator Winkel, to explain Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment No. 1 to House Bill 828 is an extension for a TIF for the City or Urbana.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Schoenberg, are you seeking to speak on this bill? Seeing no discussion, Senator Winkel -- moves for the adoption of Floor Amendment No. 1 to House Bill 828. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Senator Schoenberg, for what purpose do you seek recognition?
Thank you, Mr. President. I'd like to rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR WELCH) State your point.
In the gallery behind me on the other side today, we’re joined today by some parents and their children who are here on behalf of the Juvenile Diabetes Research Foundation and also -- advocates on behalf of those afflicted with Parkinson’s disease. And I'd like you to ask -- ask you to welcome them to the Senate today. Thank you.
PRESIDING OFFICER: (SENATOR WELCH) Will our guests in the gallery please rise, be recognized by the Senate? Thank you for coming to Springfield. House Bill 830. Senator Brady. Oops. Sorry. House Bill 829. Senator Winkel. Senator Winkel seeks leave of the Body to return House Bill 829 to the Order of 2nd Reading for purposes of an 53 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 829. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Winkel.
PRESIDING OFFICER: (SENATOR WELCH) Senator Winkel, to explain your amendment.
Thank you, Mr. President. Floor Amendment No. 1 to House Bill 829 is an extension of a TIF for the City of Tilton.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Winkel moves for the adoption of Floor -- Amendment No. 1 to House Bill 829. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 830. Senator Brady. Senator Brady seeks leave of the Body to return House Bill 830 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 830. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Brady.
PRESIDING OFFICER: (SENATOR WELCH) Senator Brady, to explain Amendment No. 1.
Thank you, Mr. President. Amendment No. 1 is a TIF extension for the City of Heyworth.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Brady moves for the adoption of Floor -- Amendment No. 1 to House Bill 830. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
54 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. House Bill 831. Senator Brady seeks leave of the Body to return House Bill 831 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 831. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Brady.
PRESIDING OFFICER: (SENATOR WELCH) Senator Brady, on Amendment No. 1.
Thank you, Mr. President. Amendment No. 1 is also a TIF extension for the City of Heyworth.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Brady moves for the adoption of Floor -- Amendment No. 1 to House Bill 831. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 832. Senator Brady seeks leave of the Body to return House Bill 832 to the Order of 2nd Reading for purposes of amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 832. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Brady.
PRESIDING OFFICER: (SENATOR WELCH) Senator Brady, to explain Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment No. 1 is a third TIF extension for the City of Heyworth.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Brady moves for the adoption of Floor Amendment No. 1 to House Bill 832. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The 55 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 833. Senator Sieben. Senator Sieben seeks leave of the Body to return House Bill 833 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 3rd -- of 2nd Reading is House Bill 833. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Sieben.
PRESIDING OFFICER: (SENATOR WELCH) Senator Sieben, on Floor Amendment No. 1.
Thank you, Mr. President. This legislation amends the Municipal Code to authorize certain municipalities to discontinue water, sewer, and/or solid waste disposal services to enforce payment of delinquent bills. I move for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Sieben moves for the adoption of Floor Amendment No. 1 to House Bill 833. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment’s adopted. Are there any further amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Top of page 11. House Bill 835. Senator Sandoval. Senator Sandoval seeks leave of the Body to return House Bill 835 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 835. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Sandoval.
PRESIDING OFFICER: (SENATOR WELCH) 56 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Senator Sandoval, on Amendment No. 1.
Mr. President, Members of the Senate, Amendment No. 1 is for purpose of a TIF extension for the Town of Cicero.
PRESIDING OFFICER: (SENATOR WELCH) Senator -- is there any discussion? If not, Senator Sandoval moves the adoption of Floor Amendment No. 1 to House Bill 835. All those in favor, vote Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 837. Senator -- Silverstein seeks leave of the Body to return House Bill 837 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 837. Are there any amendments filed, Mr. Secretary?
Amendment No. 1, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR WELCH) Senator Silverstein, on Amendment No. 1.
Thank you, Mr. President. Senate Amendment 1 -- expands the Metropolitan Water Reclamation District to include nine additional parcels of land within Cook County. It allows the -- the District to lease its vacant property along waterways to any institution of learning.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Silverstein seeks adoption of Floor Amendment No. 1 to House Bill 837. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 839. Senator Mattie Hunter. Senator Hunter seeks leave of the Body to return House Bill 839 57 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 839. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR WELCH) Senator Hunter, to explain Amendment No. 1.
Thank you, Mr. President. This amendment allows Cook County the right to establish a code hearing unit to expedite the prosecution and correction of all code violations. All Illinois municipalities in all other counties already have this right, and I’ll explain it more on 3rd Reading.
PRESIDING OFFICER: (SENATOR WELCH) All right. Senator Hunter seeks approval of Floor Amendment No. 1 to House Bill 839. All those in favor, vote Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 869. Senator Link. Senator Link seeks leave of the Body to return House Bill 869 to the Order of 3rd -- of 2nd Reading for the purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 869. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR WELCH) Senator Link, to explain Amendment No. 1.
Thank you, Mr. President. This is just a clean-up bill from Senate Bill 1883 that was passed last year, and due to an oversight, county codes were amended to enable county boards to adopt policy and maintain unified tax systems.
PRESIDING OFFICER: (SENATOR WELCH) 58 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Is there any discussion? If not, Senator Link seeks adoption of Floor Amendment No. 1 to House Bill 869. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments -- reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 874. Senator Clayborne. Senator Clayborne seeks leave of the Body to return House Bill 874 to the Order of 3rd {sic} Reading. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 874. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne, on Amendment No. 1.
Thank you, Mr. President. Basically, Floor Amendment No. 1 adds a tenth exemption to the definition of “public utility,” changing to exclude -- changing the term to exclude a facility that distributes primary -- propane (by) pipeline to be sold at retail. Basically, I have a -- a business in my district that would like to provide gas, propane gas, natural gas to a subdivision of about forty homes that’s being built. And the necessity for this is because the local utility does not want to extend the pipeline or services to this particular area. So, this is their only means of getting natural gas.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator David Sullivan.
I’ll -- I’ll wait till 3rd. I thought we…
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Clayborne seeks adoption of Floor Amendment No. 1 to House Bill 874. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
59 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. With leave of the Body, we will return to House Bill 916. House Bill 921. Senator Ronen. Senator Ronen seeks leave of the Body to return House Bill 921 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 921. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Ronen.
PRESIDING OFFICER: (SENATOR WELCH) Senator Ronen, to explain Amendment No. 1.
Thank you, Mr. President. This amendment becomes the bill, but it’s really a work in progress hoping we can -- after we adopt this, I’m going to hold this bill on 3rd Reading. Having said that, this relates to the issue of privatization in universities and says that a public university may not enter into a contract with a private entity if those services are provided by employees covered by State Universities Civil Service Acts. The universities and the union are working together and I’m not going to move this until they come to agreement. I would ask for adoption of this amendment.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Ronen moves for the adoption of Floor Amendment No. 1 to House Bill 921. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. With leave of the Body, we’ll -- go back to House Bill 916. Senator Clayborne will be handling the bill for Senator Shadid. Without objection, leave is granted. House Bill 916. Senator Clayborne seeks leave of the Body to return House Bill 916 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order 60 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 of 2nd Reading is House Bill 916. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Shadid.
PRESIDING OFFICER: (SENATOR WELCH) Senator Clayborne, to explain Amendment No. 1.
Thank you, Mr. President. Floor Amendment No. 1 amends the Hazardous Materials (Emergency) Response Reimbursement Act to require a responsible party to reimburse emergency response agencies within sixty days of the receipt of the bill for the cost of emergency action due to an -- an -- due to a spill involving a hazardous material. This involves a request by fire districts that when they respond to a site, that the person who was responsible for the spill reimburse them for their costs incurred as a result of responding to the cleanup of that site.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Clayborne seeks approval of Floor Amendment No. 1 to House Bill 916. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 956. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 956 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 956. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, to explain Amendment No. 1.
Thank you, Mr. President, Members of the Senate. This has to do with the Freedom of Information Act. If the head of a public body denies a Freedom of Information request, suit may be 61 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 filed in a circuit court within sixty days after the notice of denial is sent. Right now we have no time frame from which these lawsuits should filed. We’re specifying sixty days. Ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Cullerton seeks leave of the Body to adopt Floor Amendment No. 1 to House Bill 956. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 958. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 958 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 958. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, to explain Amendment No. 1.
Yes. Thank you, Mr. President, Members of the Senate. This would allow jury administrators, jury commissioners and the Administrative Office of the -- of the Illinois Courts to use the names of persons claiming earned income tax credits on their Illinois income tax return when compiling jury lists. Ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Cullerton moves for the adoption of Floor Amendment No. 1 to House Bill 958. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 62 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 3rd Reading. House Bill 976. Senator Garrett. Senator Garrett seeks leave of the Body to return House Bill 976 to the Order of 2nd Reading for purposes of amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 976. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Garrett.
PRESIDING OFFICER: (SENATOR WELCH) Senator Garrett, to explain Amendment No. 1.
Thank you very much, Mr. President. The amendment deletes the underlying vehicle and becomes the bill, changing provisions of the State Mandates Act related to reimbursement and appeals. The amendment places a ninety-day limit on determining findings in reimbursement claims and appeals for the implementation of State mandates. The bill also removes provisions dealing with direct appeal to the State Mandates Board of Review and adds an experience requirement for the Board of Review.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Garrett seeks to adopt Floor Amendment No. 1 to House Bill 976. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. On page 12, House Bill 1018. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 1018 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 1018. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, on Amendment No. 1.
63 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Thank you, Mr. President, Members of the Senate. This bill creates the Crime Stoppers Program Act, by limiting the use of the name “Crime Stoppers” to programs certified by the Illinois Crime Stoppers Association. It also amends the Code of Civil Procedure to protect the identity of Crime Stopper tipsters, modeled on the current identity protection provided to police informants through the use of -- of in-camera proceedings. Ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Cullerton moves for the adoption of Floor Amendment No. 1 to House Bill 1018. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. With leave of the Body, we’ll come back to House Bill 1020. House Bill 1041. Senator Harmon. Senator Harmon seeks leave of the Body to return House Bill 1041 to the Order of 2nd Reading for purposes of amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 1041. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon, to explain Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment No. 1 becomes the bill. It amends the Uniform Commercial Code to restore some language that had been inadvertently deleted in the last rewrite of the UCC. It deals with the allocation of funds collected. It does not increase the amount of funds collected. And I'd ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Harmon moves for the adoption of Floor Amendment No. 1 to House Bill 1041. All those in favor, say Aye. Opposed, Nay. The Ayes have it. 64 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 1075. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 1075 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 1075. Are there any amendments approved for consideration, Mr. Secretary?
Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, to explain Floor Amendment No. 1.
Thank you, Mr. President, Members of the Senate. This amendment provides for arbitration and settlement of motor vehicle physical damage claims between insurers in accordance with an automobile subrogation program. The program will be sponsored by the intercompany arbitration organization chosen by the insurer, and the arbitration decision shall be binding for the amount of damages not exceeding five thousand dollars. Supported by Allstate and Property Casualty Insurers Association of Illinois. I moves -- for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Cullerton moves to adopt Floor Amendment No. 1 to House Bill 1075. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment’s adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 1080. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 1080 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is 65 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 House Bill 1080. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 2, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, to explain Amendment No. 2.
Thank you, Mr. President, Members of the Senate. This amendment amends what’s known as the Uniform Transfer on Death Security Registration Act to broaden the definition of security accounts to include certain investment vehicles that did not exist when the Act was -- originated. And it would have the effect of providing for a beneficiary designation to avoid assets going into probate. I ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Cullerton seeks leave of the Body to adopt Floor Amendment No. 2 to House Bill 1080. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 1083. Senator Harmon. Senator Harmon seeks leave of the Body to return -- take it out of the record. House Bill 1086. Senator Ronen. Senator Ronen seeks leave of the Body to return House Bill 1086 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 1086. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Ronen.
PRESIDING OFFICER: (SENATOR WELCH) Senator Ronen, to explain Amendment No. 1.
Thank you, Mr. President. Amendment 1 becomes the bill. It relates to notice given by the Health Facility Planning 66 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Board. Makes some changes in what those notification periods shall be and to whom, and defines what charity care is.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Ronen moves the adoption of Floor Amendment No. 1 to House Bill 1086. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. On page 13 appears House Bill 2268. Senator Obama. Senator Obama seeks leave of the Body to return House Bill 2268 for the purpose of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 2268. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 2, offered by Senator Obama.
PRESIDING OFFICER: (SENATOR WELCH) Senator Obama, to explain Floor Amendment No. 2.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. We’ve attached an amendment that replaces the bill, and we’ll be happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Obama moves for the adoption of Floor Amendment No. 2 to House Bill 2268. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 2587. Senator Meeks. Senator Meeks. Senate {sic} Bill 2981. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 2981 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is 67 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 House Bill 2981. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 2, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, to explain Amendment 2.
Thank you, Mr. President, Members of the Senate. This -- amendment reflects a agreement between the Acupuncture Federation and the State Medical Society. Removes the requirement that an acupuncturist receive a referral from a physician or dentist before treating a patient. They still will have the ability to refer and maintain the management of the patient, however. Ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Cullerton moves the adoption of Floor Amendment No. 2 to House Bill 2981. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 3589. Senator Schoenberg. Senator Schoenberg seeks leave of the Body to return House Bill 3589 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 3589. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 4, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR WELCH) Senator Schoenberg, to explain Floor Amendment No. 1 {sic}.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 {sic} is a technical -- has a technical feature which restores the underlying bill establishing protocols for embryonic stem cell research here in 68 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Illinois, and it also adds a human reproductive cloning ban. I'd like to debate the -- bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Righter.
Thank you, Mr. President. For the record, I would request a formal roll call on the adoption of this amendment, please.
PRESIDING OFFICER: (SENATOR WELCH) That request is in order. There any further discussion? Senator Schoenberg, to close on your amendment.
As I indicated earlier, this reinstates the underlying bill. Establishes protocols for embryonic stem cell research and establishes a -- an express ban on human reproductive cloning that mirrors the ban established in legislation by U.S. Senator Orrin Hatch, Utah. I'd urge an Aye vote.
PRESIDING OFFICER: (SENATOR WELCH) The question is, shall Floor Amendment No. 4 be adopted. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, 28 Members voted Yes, 28 Members voted No, 1 Member voted Present. Floor Amendment No. 4 to House Bill 3589, having failed to receive the required constitutional majority, is declared lost. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. On the top of page 14, House Bill 3882. Senator… On the top of page 14, House Bill 3882. Senator Haine. Senator Haine seeks leave of the Body to return House Bill 3882 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 3882. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR WELCH) 69 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Senator Haine, to explain Amendment No. 1.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Amendment No. 1 removes controlled substance arson from the list of offenses defined as forcible felonies, but it makes it a Class 1 felony, which is simpler and will avoid a constitutional test. A Class 1 felony is a nonprobationable offense.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Haine moves the adoption of Floor Amendment No. 1 to House Bill 3882. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 3977. Senator Haine. No. Out of the record. House Bill 4012. Senator Munoz. Senator Munoz seeks leave of the Body to return House Bill 4012 to the Order of 2nd Reading for purposes of amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 4012. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Munoz.
PRESIDING OFFICER: (SENATOR WELCH) Senator Munoz, on Amendment No. 1.
Thank you, Mr. President, Members of the Senate. Amendment 1 to House Bill 4012 redefines automated traffic control system as a device that not only obtains a clear photo or recorded image of the vehicle and license plate, but a clear photo of the driver, as well. Clarifies that automated traffic control systems are used only for determining speed violations in work zones and not for other traffic violations. Also adds that if the driver cannot be identified through a photo, then the owner of the vehicle is not liable for the fine. Also adds an immediate effective date. I would ask for its adoption. 70 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Munoz moves the adoption of Floor Amendment No. 1 to House Bill 4012. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4108. Senator Harmon. House Bill -- on the top of page 15, House Bill 4225. Senator Wendell Jones. Senator Wendell Jones seeks leave of the Body to return House Bill 4225 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 4225. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 2, offered by Senator Jones.
PRESIDING OFFICER: (SENATOR WELCH) Senator Jones, to explain Amendment No. 2.
Thank you, Mr. President. This -- this was amended. The - - the amendment becomes the bill. I’ll be happy to explain it on 3rd.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Senator Wendell Jones moves the adoption of Floor Amendment No. 2 to House Bill 4225. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is -- Senator Cullerton.
Yes. An inquiry. Did we adopt the amendment? We about to adopt the amendment?
PRESIDING OFFICER: (SENATOR WELCH) We’re within a tenth of a second from adopting.
Did he even explain what the amendment does?
PRESIDING OFFICER: (SENATOR WELCH) No.
71 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Can I ask him if he would do that?
PRESIDING OFFICER: (SENATOR WELCH) Senator Jones, Wendell Jones, would you please explain what the amendment does?
The amendment basically turns the extraordinary services reimbursement of two hundred and twenty-nine million dollars into a block grant, which is -- paid in four equal installments to the school district, the last one no later than June 20th.
PRESIDING OFFICER: (SENATOR WELCH) Any further discussion? If not, once again Senator -- Senator Wendell Jones moves the adoption of Floor Amendment No. 2 to House Bill 4225. All those in favor, say Aye. Opposed, Nay. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. With leave of the Body, we’ll return to Senator Harmon’s bill on the previous page, House Bill 4108. Senator Harmon seeks leave of the Body to return Senate -- House Bill 4108 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 4108. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Wendell Jones.
PRESIDING OFFICER: (SENATOR WELCH) Senator Wendell Jones, to explain Floor Amendment No. 1.
Mr. President, I can defer to the sponsor or I can handle it myself, whichever you prefer.
PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon says he’ll handle the amendment.
Thank you.
PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon.
72 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Thank you, Mr. President. The underlying bill creates the Addison Creek Restoration Commission. The amendment simply addresses several concerns raised by Senator Jones in committee. I’m grateful for his preparing the amendment and shepherding it through committee. I'd ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon moves the adoption of Amendment No. 1 to House Bill 4108. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Near the bottom of page 15 appears House Bill 4318. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 4318 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 4318. Are there any amendments approved for consideration, Mr. Secretary?
Amendment No. 2, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, to explain Floor Amendment No. 2.
Yes. Thank you, Mr. President, Members of the Senate. This actually removes the subsection (D). The gentleman that helped me draft this legislation indicates that if this stayed in, this bill would be unconstitutional. It would have allowed a petition for visitation even when the parents are residing together and -- and -- and, as a result, we needed to remove it. This bill has to do with grandparents, the ability of grandparents to ask for visitation rights. And I would be happy to adopt -- ask the -- adoption of the amendment.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Cullerton moves the adoption of Floor Amendment No. 2 to House Bill 4318. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration? 73 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Turning to page 17 appears House Bill 4788. Senator Munoz. Senator Munoz seeks leave of the Body to return House Bill 4788 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading appears House Bill 4788. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Munoz.
PRESIDING OFFICER: (SENATOR WELCH) Senator Munoz, on Amendment No. 1.
Thank you, Mr. President, Members of the Senate. Amendment 1 to House Bill 4788 just retains and clarifies the definition of school property, making it clear that it includes public property adjacent to school grounds, such as a public sidewalk or road or the right-of-way. It also makes no other change to House Bill 4788. I move for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Munoz moves the adoption of Floor Amendment No. 1 to House Bill 4788. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 4818. Senator Obama. Senator Obama? Turning to page 18 appears House Bill 5023. Senator Sieben. Senator Sieben seeks leave of the Body to return House Bill 5023 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 5023. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Sieben.
PRESIDING OFFICER: (SENATOR WELCH) 74 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Senator Sieben, to explain Floor Amendment No. 1.
Thank you, Mr. President. The amendment adds the language requested by DCEO to define what the downtown area would mean that would qualify under this new Act. Know of no opposition. I move for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Sieben moves the adoption of Floor Amendment No. 1 to House Bill 5023. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Any further amendments approved for consideration?.
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Ladies and Gentlemen, there will be an immediate meeting of the Senate Rules Committee in the Anteroom behind the President. We will -- will all the Members, Senator Cullerton and Senator Roskam, please -- and Senator Petka, please come to the room behind the President’s Chair? And we will stand at ease for a couple of minutes. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR WELCH) Ladies and Gentlemen, we will return to the Calendar. On page 17, House Bill 4818. Senator Obama. Senator Obama seeks leave of the Body to return House Bill 4818 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 4818. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Obama.
PRESIDING OFFICER: (SENATOR WELCH) Senator Obama, to explain Floor Amendment No. 1.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This relates to the shelter care rates that are in 75 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 effect. It’s some corrective legislation that our dear friend, Senator Demuzio, had initiated the -- the previous -- Vince Demuzio had initiated. I know of no opponents. It passed out of the -- the committee unanimously. I'd ask for affirmative.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Obama moves the adoption of Amendment No. 1 to House Bill 4818. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. Returning to page 18. On page 18 appears House Bill 5057. Senator Harmon. Senator Harmon seeks leave of the Body to return House Bill 5057 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 5057. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 2, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR WELCH) Senator Harmon, to explain Amendment No. 2.
Thank you, Mr. President. A parliamentary inquiry first. Are there two amendments? 2 and 3? Just -- just -- just 2. Thank you. The amendment is a -- a technical amendment. It changes some of the nomenclature. I believe it improves the bill for all interested parties, and I look forward to debating it on 3rd Reading.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Harmon moves the adoption of Amendment No. 2 to House Bill 5057. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 76 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 3rd Reading. House Bill 5094. Senator Haine. Senator Haine seeks -- Senator Haine seeks leave of the Body to return House Bill 5094 to the Order of 2nd Reading for purposes of an amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 5094. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 3, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR WELCH) Senator Haine, to explain Amendment No. 3.
Amendment No. 3, Mr. President, is an amendment which allows certain construction material to be recycled in certain construction uses even -- if it contains a bar not over two feet in length. The first part of the bill, as -- as you recall, it defines the definition of coal combustion to allow what would otherwise be treated as waste to be used for commercially beneficial uses. This is a -- a -- in -- in -- a -- a similar use of building blocks and other things with bars in them that can be sawed off and then crushed up and used for fill or -- roadbeds.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Haine moves the adoption of Amendment No. 3 to House Bill 5094. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 5215. Senator Radogno. Senator Radogno seeks leave of the Body to return House Bill 5215 to the Order of 2nd Reading for purposes of the amendment. Without objection, leave is granted. On the Order of 2nd Reading is House Bill 5215. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Radogno.
PRESIDING OFFICER: (SENATOR WELCH) 77 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Senator Radogno, to explain Amendment No. 1.
Thank you, Mr. President. This amendment shortens the period of time that has to elapse between the time a school board goes out for competitive bid at the request of bus companies.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? Seeing none, Senator Radogno moves the adoption of Floor Amendment No. 1 to House Bill 5215. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading. House Bill 6567. Senator Cullerton. Senator Cullerton seeks leave of the Body to return House Bill 6567 to the Order of 2nd Reading for purposes of an amendment. Without -- objection, leave is granted. On the Order of 2nd Reading is House Bill 6567. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WELCH) Senator Cullerton, to explain Amendment No. 1.
Thank you, Mr. President. This bill holds that any agency or instrumentality of the State may seek recovery for the cost of repair or replacement of damaged or destroyed roadway property. What the amendment does is to take out a provision that would have allowed for recovery of the cost of related emergency service charges. We’re taking that part out. Ask for its adoption.
PRESIDING OFFICER: (SENATOR WELCH) Is there any discussion? If not, Senator Cullerton moves the adoption of Amendment No. 1 to House Bill 6567. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration? 78 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WELCH) 3rd Reading.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sieben? Senator Sieben, on House Bill 6583. Senator Sieben -- seeks leave of the Body to return House Bill 6583 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 6583. Mr. Secretary, are there any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Sieben.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Sieben, to explain the amendment.
Thank you, Madam President. Amendment No. 2 becomes the bill. And this would allow the corporate authorities of Stephenson County, by ordinance, to propose the establishment of -- an economic development project area in the unincorporated areas in Stephenson County. It represents an agreement between the county and the city for this area. There’s no objection. I would move for its adoption.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Sieben moves the adoption of Amendment No. 2 to House Bill 6583. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. With leave of the Body, we will go back to page 10. House Bill 770. Senator Welch. Senator Welch seeks leave of the Body to return House Bill 770 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 770. Mr. Secretary, are there any amendments approved for consideration? 79 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004
Amendment No. 1, offered by Senator Welch.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Welch, to explain your amendment.
Thank you, Madam President. This amendment is an amendment that would allow the school in Utica, Illinois, to continue to receive their State aid for the three days the school was closed because of a tornado hitting the school and closing it down. The total cost would be forty-nine hundred dollars. I would urge adoption of the amendment.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Welch moves the adoption of Amendment No. 1 to House Bill 770. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Okay. Page 12, on House Bill 1020. Senator Welch seeks leave of the Body to return House Bill 1020 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1020. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Welch.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Welch, to explain your amendment.
Thank you, Madam President. This amendment to this bill would allow for a grandparent to file for a custody review in cases where the -- one of the parents of the child dies. This would be the grandparent, or the parent of the deceased parent. That person could file within a court a petition to obtain custody when certain circumstances are -- are in effect concerning the -- the -- the surviving spouse.
PRESIDING OFFICER: (SENATOR HALVORSON) 80 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Is there any discussion? Senator Welch moves the adoption of Amendment No. 1 to House Bill 1020. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. With leave of the Body, we will return to page 9. On House Bills 3rd Reading, Senator Trotter, on House Bill 679. Senator Trotter seeks leave of the Body to return House Bill 679 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 679. Mr. Secretary, are there any amendments approved for consideration?
Amendment No. 1, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter, to explain your amendment.
Thank you very much, Madam President, Members of the Senate. Floor Amendment No. 2 deletes all the existing language. Well, actually I would like to table Amendment No. 1, ‘cause Amendment No. 2 actually becomes the bill.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter moves that Amendment No. 1 be tabled. That motion is always in order. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and Amendment No. 1 is tabled. Mr. Secretary, are there any further amendments for consideration?
Amendment No. 2, offered by Senator Trotter.
PRESIDING OFFICER: (SENATOR HALVORSON) Senator Trotter, to explain your amendment.
Thank you very much. Amendment No. 2 does become the bill. What it does is require the Department of Public Aid, subject to appropriation, to furnish funding to community organizations for outreach activities which could consist of assistance in 81 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 completing their application process for KidCare and the FamilyCare programs and then -- thus transmitting the applications to DPA. What this amendment does is makes it clear that community organizations will be mandated to offer specific services and will be held accountable for furnishing those services.
PRESIDING OFFICER: (SENATOR HALVORSON) Is there any discussion? Senator Trotter moves the adoption of Amendment No. 2 to House Bill 679. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) 3rd Reading. Mr. Secretary, Committee Reports.
Senator Viverito, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to the Committee on Environment and Energy - Committee Amendment No. 2 to House Bill 422; and Be Approved for Consideration - House Bill 672 {sic}(762), 766, 1300, Floor Amendment 2 to House Bill 956 and Floor Amendment 2 to House Bill 4450.
PRESIDING OFFICER: (SENATOR HALVORSON) Messages from the House.
Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill -- or, 2145, with House Amendments -- or House Amendment No. 1. Passed the House, as amended, May 12th, 2004. We have like Messages on Senate Bill 2158, with House Amendment 1; Senate Bill 2495, with House Amendment 1; and Senate Bill 2654, with House Amendment 1.
PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions.
82 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 5/12/2004 Senate Resolution 534, offered by Senators Demuzio, Emil Jones and all Members. And Senate Resolution 535, by the same sponsors. They’re both death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR HALVORSON) Resolutions Consent Calendar. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 11 a.m. on Thursday, May 13th, 2004. The Senate stands adjourned. 83