PRESIDING OFFICER: (SENATOR HENDON) The regular Session of the 93rd General Assembly will come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Dr. Reginald Mills, Central Baptist Church, Springfield.
(Prayer by Dr. Reginald Mills)
PRESIDING OFFICER: (SENATOR HENDON) Please remain standing for the Pledge of Allegiance. Senator Link.
(Pledge of Allegiance, led by Senator Link)
PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Thursday, May 27, 2004.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney.
Mr. President, I move that the Journal just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR HENDON) Senator Maloney moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Madam Secretary, Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 87. Adopted by the House May 27, 2004. A 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: 1 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 Senate Bill 728, together with House Amendment 1. Passed the House, as amended, May 27, 2004. I have like Messages on Senate Bill 797, with House Amendments 1, 2 and 3; Senate Bill 1648, with House Amendment 1; Senate Bill 1906, with House Amendments 2 and 3; Senate Bill 2299, with House Amendments 1 and 3; Senate Bill 2617, with House Amendments 1 and 2; Senate Bill 2794, with House Amendment 1; Senate Bill 2820, with House Amendment 2; Senate Bill 2880, with House Amendments 1, 2 and 3; Senate Bill 3007, with House Amendments 1, 2, 4, 5 and 6; and Senate Bill 3201, with House Amendment 1. All passed the House, as amended, May 27, 2004.
PRESIDING OFFICER: (SENATOR HENDON) Resolutions.
Senate Resolution 580, offered by Senators Harmon, DeLeo and all Members. It is a death resolution.
PRESIDING OFFICER: (SENATOR HENDON) Resolutions Consent Calendar. Squires Photography and the Illinois Information Services seeks leave to photograph or videotape or record the proceedings. Is there any objection? Leave is granted. Would all Members under the sound of my voice please come to the Chambers immediately? All Members under the sound of my voice, please come to the Chambers immediately. Senator Burzynski, for what purpose do you rise?
An inquiry of the Chair initially, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your inquiry, sir
Can you tell me what our order of business will be today and -- and what the intent of the Chair is today?
PRESIDING OFFICER: (SENATOR HENDON) Well, we will be proceeding to some Concurrences and doing some business. Committees will meet today and in the morning. Senator Burzynski.
2 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 Thank you, Mr. President. The Republicans would request a caucus immediately for a period of time to discuss the ongoing discussions.
PRESIDING OFFICER: (SENATOR HENDON) A Republican…
Of those who knew -- who know more than we do.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski, we anticipated your request. We’re going to take care of a little business, and then, of course, a caucus will be in order and we’ll -- can go to caucuses at that time. Senator -- I mean, Senator Burzynski.
Thank you, Mr. President. So then, it’s my understanding that we’ll do Concurrences and -- and then we can go to caucus at that time.
PRESIDING OFFICER: (SENATOR HENDON) That -- that is…
That would be fine with our -- with our caucus.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, sir. Senator Geo-Karis, for what purpose do you rise?
Mr. President and Ladies and Gentlemen of the Senate, tomorrow morning we are going to conduct our veterans’ memorial ceremonies. So, please be with us, and I’m going to expect the veterans who are here to join us at the podium. Each of the veterans will have two or three minutes to speak what it means to them. I wonder if we can have some quiet.
PRESIDING OFFICER: (SENATOR HENDON) Continue, Senator.
The veterans are very important to us. We owe them. We owe them recognition, and tomorrow morning in this Senate, the veterans who are veterans, they know who you are -- you know who you are, will join me at the Podium up there. Each of you will have two to three minutes to express yourself, what it means to 3 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 you, and we’ll have our Memorial Day ceremonies tomorrow morning. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Geo-Karis. Please take note of that very important announcement. Senator Sullivan, for what purpose do you rise, sir?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Thank you. Ladies and Gentlemen of the Senate, if you can join me in welcoming my younger two kids. Have the day off school today so they’re joining us down in the Senate. My daughter, Erin, and my son, Michael.
PRESIDING OFFICER: (SENATOR HENDON) Let’s welcome them to the Senate. Erin and Michael, you have a fine father and an excellent Senator. Senator Schoenberg, for what purpose do you rise, sir?
Thank you, Mr. President. On a point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Want to introduce to the Members today, I’m joined with a Page from Wilmette, Brian Sable. He’s here with his parents, Randy and Karen, from Wilmette. Like you all provide them with a warm Senate welcome.
PRESIDING OFFICER: (SENATOR HENDON) We all welcome our -- visitors from Wilmette to the Senate. Welcome. Senator Welch, for what purpose do you seek recognition?
For purposes of an announcement.
PRESIDING OFFICER: (SENATOR HENDON) State your announcement.
4 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 Could I have the attention of the Body? Ladies and Gentlemen, one of our Members is going to be celebrating a very important event on June 10th. Senator Debbie Halvorson. We have a cake up front to celebrate it. That’s how important it is. And what’s going to happen, she’s going to be wearing a cap and gown, receiving her Master’s of Arts in Communications and Training from Governors State University. Debbie has been working long and hard on this degree, as well as going back at Governors State University in the winter of 1999 just to work on her bachelor’s degree. She achieved her bachelor’s degree in April 2001 with honors. Then she started her master’s program in the spring of 2001, and now in December 2003, she’s achieved that goal that she set for herself. And I think that that’s quite a -- she always has been a -- a model for many individuals, but especially for people who go back to school after age thirty-five. I think she should be commended and she even has a cake to celebrate. So, let’s give her a round of applause.
PRESIDING OFFICER: (SENATOR HENDON) Let’s all -- congratulations. Congratulations to Senator Halvorson for finally getting her GED and convincing Senator Welch that it was a master’s. Congratulations, Debbie. On page 17 of your Calendar. Please -- turn to page 17 on your Calendar. On the Order of Concurrences, Senate Bills, is Senate Bill 132. Senator Walsh. Do you wish to proceed? Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 132. Motion filed by Senator Walsh.
PRESIDING OFFICER: (SENATOR HENDON) Senator Walsh.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 132’s amendment, House Amendment No. 2, becomes the bill, and basically what it does is delete the six- hour restriction on the time allowed to draw blood from a descendant {sic} in a certain accident -- or, cases of accidental death involving a motor vehicle. And the amendment 5 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 is an initiative of the Illinois State Police and the Illinois Coroners and Medical Examiners Association. I’d be more than glad to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none - this is final action - the question is, shall the Senate concur to House Amendment Nos. 1 and 2 to Senate Bill 132. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, none voting Nay, and none voting Present. The Senate concurs in House Amendments 1 and 2 to Senate Bill 132, and the bill, having received the required constitutional majority, is declared passed. On the Order of Concurrences, Senate Bills, is Senate Bill 1631. Senator Haine. Senator Haine. 1631. On the Order of Concurrences, Senate Bills, is Senate Bill 2244. Senator -- Senator Haine, on 1631? We’re going back to 1631. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1631. Motion filed by Senator Haine.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, to explain your motion.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This grew out of a -- of a law passed by the Illinois General Assembly in 1999 pursuant to a problem in Cook County where the Metropolitan Water Reclamation District was given a tax-exempt status. Because of a -- a -- a misconstruction of the language of that statutory grant, all property owned by that District, even property outside of Cook County, was given a tax-exempt status. That was not the intent of the bill. So what this bill does is clarify that. It states that property owned by the District in Fulton County and Will County, which is used for waste removal and other things, flood control, will be taxable by the school districts in that area, which were hurt badly by the misconstruction of that statute. So I ask for an Aye vote. 6 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Wendell Jones. Seeing none, the -- this is final action. The question is, shall the Senate concur in the House Amendments No. 1 to Senate Bill 1631. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The Senate concurs in House Amendments No. 1 to Senate Bill 1631, and the bill, having received the required constitutional majority, is declared passed. On the Order of Concurrences, Senate Bills, is Senate Bill 2244. Senator Haine, do you wish to proceed? Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2244. Motion filed by Senator Haine.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. This bill is the initiative of Attorney General Lisa Madigan and a significant number of law enforcement personnel, as well as the Illinois Retail Merchants Association. The legislation addresses the growing meth manufacturing problem. It prohibits the sale of two or more targeted packages of any cold medicine that contains ephedrine or pseudoephedrine. It mandates a series of efforts by the merchant to prevent the bulk purchase or the theft in bulk of these medicines, because these medicines are necessary in the illegal and highly dangerous manufacture of meth. This has been the result of a tremendous cooperation by the Retail Merchants Association as well as the law enforcement community, which is attempting to stem the tide of this tremendously toxic and addictive drug. It is done under the leadership of Attorney General Madigan, and I would appreciate very much an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none - this is final action - the question is, shall the Senate concur in House 7 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 Amendment No. 1 to Senate Bill 2244. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The Senate concurs to House Amendments No. 1 to Senate Bill 2244, and the bill, having received the required constitutional majority, is declared passed. On the Order of Concurrences, Senate Bills, is Senate Bill 2251. Senator DeLeo. Madam Secretary, read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2251. Motion filed by Senator DeLeo.
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo, to explain your motion. SENATOR DeLEO: Thank you -- thank you very much, Mr. President, Ladies and Gentlemen of the Assembly. House Amendment No. 1 to Senate Bill 2251 allows the Department of Professional Regulation to determine whether individual boxing needs -- needs to be restricted or whether the -- the events fall under the kickboxing or martial art exemption. Currently there are some promoters that are -- of this contest are using kickboxing exemption to avoid regulation. This is -- comes out of this Toughman contest. It’s to protect the public, which -- which may be unaware of dangers that are unrelated -- unregulated or unrestricted fighting events. I ask for concurrence in Amendment No. 1.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for some questions?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will. Senator Burzynski.
Thank you. First of all for the Body, this is -- this bill is the outgrowth of some discussions that the Department of Professional Regulations has had over the last year relative to 8 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 trying to ban a competitions -- a type of competitions called Toughman. Last year in JCAR, JCAR voted to suspend an emergency rule that the Department of Professional Regulation had relative to this particular type of event because we didn’t feel they had statutory authority. Consequently, they’ve come now offering some legislation to give them some statutory authority. And while I applaud them for doing that - in fact, I told them if that’s what they wanted to do, they needed to bring the bill forward - I’m not sure that this bill actually does what they want. First of all, Senator, I -- I think you’re probably familiar with -- with what they’re attempting to do - I think we all are - but I’m very concerned about giving the Department the authority to determine whether a contest is martial arts or kickboxing and falls under their venue or not, and -- because currently, kickboxing, martial arts do not fall under anything that the Department regulates. So, I think we’re giving them a little bit too leeway -- too much leeway here. I suggested to the Department that they come back with stronger language if that’s what they wanted to do, because ultimately, this is going to end up back in JCAR’s lap and I’m not sure that the law’s going to be -- clarified enough for us. So, you know, I -- I -- I don’t know exactly what I can offer you relative to that. But to -- just to give the -- the Department the authority to -- to determine -- make that determination without any guidelines, I think is a problem.
PRESIDING OFFICER: (SENATOR HENDON) Senator DeLeo. SENATOR DeLEO: I think someplace there was a question in that statement. Let -- let’s -- let’s talk about this. They go in front of JCAR. JCAR tells them “Go do legislation.” We’re here doing legislation. You don’t think it goes far enough. You know, these Toughman contests, they lack the medical staff that’s supposed to be at these events. We had a situation. They showed the tape. I’m sure you’re familiar with the tape of the woman getting killed in -- in this Toughman contest in Florida. In a -- in a regulated professional-sanctioned boxing match in the State of Illinois, we have our ringside doctors, we have professional referees, we have professional people ringside 9 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 regulating the fight, the size of gloves, the headgear. This is -- these contests that are brutalizing each other, they have a helmet -- one-fits-all gear. This isn’t about -- we’re not here to protect promoters in the State of Illinois. We’re not here to protect tough men contests. We’re not here to enrich people. We’re here for public safety. This legislation is about public safety so we don’t have one of those tragedy that happened in other states in these contests. We’re not trying to chase business or -- or events out of -- out of Illinois. We’re trying to protect people, and that’s what this legislation does. If you think it should go further, I strongly recommend let’s come back in the Veto Session and put tougher teeth in this legislation. The Department has determined -- we don’t regulate. You’re absolutely right. We do not regulate kickboxing or martial arts, and these promoters, to get around the statute, are filing a kickboxing competition when, in fact, it’s the Toughman contest. We don’t want to have a tragedy, and I don’t think anybody in this Chamber wants to have a -- have this on their hands. The Department has taken the direction of JCAR and came there, and I applaud them for coming and doing this legislation.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you -- thank you, Mr. President. Senator, I’m not disagreeing, necessarily, that we didn’t -- that we told them -- or, didn’t tell them to come to the Legislature. We did. We said if you want the statutory authority to do it, to -- to -- to regulate this or ban it, to do it. What I’m suggesting to you is, this language won’t do that, plain and simple. And what I also suggest is if they want to regulate the events, maybe they should put a regulation in place and put them under their venue, and then they can regulate them, then they can ensure, as you’re saying, if it’s true, first of all, that they don’t have medical professionals or whatever, they can ensure that happens. All I’m saying is, I believe that this bill is going to create even more havoc next year when we get into a process in JCAR where we have to determine whether or not the legislation is appropriate for that type of activity. That’s all I’m suggesting, Senator. 10 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 I’m not saying we should or shouldn’t. Last year, I think JCAR was absolutely right in its action, and -- but I’m afraid that this doesn’t go -- doesn’t get to the issue that DPR wants. That’s what I’m suggesting. I’m suggesting they come back, maybe they include kick -- or, Toughman competitions and -- and do it that way. But I believe this also skirts, perhaps, or gives too much flexibility and opens this thing up where those types of competitions will be banned. State of Illinois, we’ve not had a death. We’ve not had anybody seriously injured. And, you know, we can’t react to every situation. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Is there any further discussion? Seeing none, Senator DeLeo, to close. SENATOR DeLEO: Thank you very much, Mr. President. Let me just -- let me just say real quickly in closing, these events, they have -- their pairing is -- with the competitors is just meaningless. There’s nobody to regulate the weight, the skill. There’s no independent authority to stop these at these events. According to the Department of DPR, across the United States twelve people have died in Toughman events throughout this country. I think it’s time that we start regulating these -- these kind of events in Illinois. I ask for a concurrence in Amendment No. 1, Mr. President, to Senate Bill 2251.
PRESIDING OFFICER: (SENATOR HENDON) This is final action. The question is, shall the Senate concur in House Amendments No. 1 to Senate Bill 2251. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 43 voting Aye, 12 voting Nay, and none voting Present. The -- the Senate concurs in House Amendments No. 1 to Senate Bill 2251, and the bill, having received the required constitutional majority, is declared passed. Senator Viverito in the Chair.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Geo-Karis, what purpose do you rise?
On a point of personal privilege.
PRESIDING OFFICER: (SENATOR VIVERITO) 11 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 Your point.
Mr. President and Ladies and Gentlemen of the Senate, I have sitting next to me a young man by the name of Jimmy Geo- Karis, one of my relatives who spent five years in the Virgin Islands as an Assistant U.S. Attorney and is back to practice law back home. He lives in Mundelein, and he’s a constituent of Senator William Peterson. And his father was a very eminent judge, Jim Geo-Karis, who retired with an excellent name. So, I ask you to welcome my relative today, Jim Geo-Karis.
PRESIDING OFFICER: (SENATOR VIVERITO) Let’s give him a warm welcome, the cousin of Geo-Karis. Welcome to the Senate. On page 19, Senate Bill 2270. Senator John Sullivan. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2270. Motion filed by Senator Sullivan.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Sullivan.
Thank you, Mr. -- thank you, Mr. President. The only change to Senate Bill 2270 is that it makes the -- makes the -- provision subject to appropriations. And I ask the Senate to concur with these changes.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Senator Righter, your purpose.
Thank you, Mr. President. I rise to speak to the bill. Very briefly, I just would urge our -- the Members on our side of the aisle to support the bill. The House amendment making it subject to appropriation makes a good bill a better bill. I appreciate the sponsor’s work. Thank you.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Sullivan, to close. This is the final action. The question is, shall the Senate concur in House Amendment 1 to Senate Bill 2270. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Who -- have all voted who wish? Have all voted who wish? Take the record. On that 12 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 question, there are 56 Ayes, no Nays, none voting Present. The Senate concurs in House Amendment 1 to Senate Bill 2270, and the bill, having received the required constitutional majority, is declared passed. Senate Bill 2320. Senator Welch. Senator Welch, do you wish to proceed? Out of the record. Senate Bill 2339. Senator Cullerton. Senator Cullerton. 2339, Senator. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2339. Motion filed by Senator Cullerton.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton, to explain the bill.
Thank you, Mr. President, Members of the Senate. This bill as we passed -- that we passed out of the Senate was the result of a agreement between the American Cancer Society and the Life Insurance Council and other associations of health plans and health underwriters. And when we passed it, it was an incomplete agreement so they continued to work on it over in the House, and they did arrive at a -- an agreement, which passed unanimously out of the House, which prohibits insurers from refusing to renew or cancel policies of accident and health insurance solely on the basis of an individual’s participation in a qualified clinical cancer trial. And it sets forth conditions and definitions of what a qualified cancer trial must meet. It’s a very important bill for the Cancer Society. And appreciate all the help that the Life Insurance Council gave in their negotiations. Be happy to answer any questions and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator McLean -- no. Senator Brady. Excuse me. Senator Brady, from McLean.
Thank you, Mr. President. I just stand in support of this piece of legislation. I compliment the sponsor and the interested parties on coming together on something very important. This bill passed unanimously out of committee yesterday, and I suggest an Aye vote. 13 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any other discussion? If not, Senator Cullerton, to close.
I would simply ask for an Aye vote.
PRESIDING OFFICER: (SENATOR VIVERITO) This is final action. The question is, shall Senate concur in House Amendment 1 to Senate Bill 2339. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all who voted who wish? Have all who voted who wish? Have all who voted who wish? Take the record. On that question, there are 58 Ayes, none voting Nay, and none voting Present. The Senate concurs in House Amendment 1 to Senate Bill 2389 {sic}, and the bill, having received the required constitutional majority, is declared passed. On 2339. Thank you. Senate Bill 2382. Senator Munoz. Senator Munoz. Out of the record. Senate Bill 2635. Senator Link. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1, 2 and 3 to Senate Bill 2635. Motion filed by Senator Link.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Link, to explain the bill.
Thank you, Mr. President. With this bill, as amended -- as amended, will enhance the information that is required to be provided to the public hearing notice to ensure that the property within a special service area is clearly defined and the nature of the special service to be provided is clearly stated.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Link, to close. This is the final action. The question is, shall Senate concur in House Amendment 1, 2 and 3 to Senate Bill 2635. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Who -- have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, none voting Nay, and none voting Present. The Senate concurs in Amendments 1, 2, 3 to Senate Bill 2835 {sic}, and the 14 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 bill, having received the required constitutional majority, is declared passed. 2635. Senate Bill 2654. Senator Cullerton. Senator Cullerton? Madam Secretary, please read the motion.
I move to concur with the House in their adoption of No. -- in the adoption of their Amendment No. 1 to Senate Bill 2654. Motion filed by Senator Cullerton.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Cullerton.
Yeah. Thank you, Mr. President, Members of the Senate. When this bill passed, it basically had two provisions in it - one dealing with drug court programs, another dealing with juvenile sentences. The Department of Corrections in the -- after we passed the bill, decided they didn’t want the changes for the Department of Correction on -- as regard to juvenile sentences, so the House amendment took that part out and kept intact the changes dealing with the drug court program, which were agreed to by everybody. So, with that, I would move that we concur with those -- that one House amendment that took out that provision. Be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? If not, Senator Cullerton, to close.
No.
PRESIDING OFFICER: (SENATOR VIVERITO) No. This is final action. The question is, shall Senate concur with House Amendment 1 to Senate Bill 2654. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, none voting Nay, and none voting Present. The Senate concurs in Amendment 1 to Senate Bill 2854 {sic}, and the bill, having received the required constitutional majority, is declared passed. Senate Bill 2845. Senator Walsh. Senator Walsh. Madam Secretary, please read the motion.
15 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 I move to concur with the House in the -- adoption of their Amendments 1 and 2 to Senate Bill 2845. Motion filed by Senator Walsh.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Walsh.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Amendments 1 and 2 to Senate Bill 2845 is our Excellence in Alzheimer’s Disease Center. This bill has passed, pretty much, both Chambers unanimously. The amendment come out of the committee unanimously, and I would be glad to answer any questions.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? If not, Madam Secretary -- no, no. This is final action. The question is, shall Senate concur in House Amendments 1 and 2 to Senate Bill 2845. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted -- who wish? Take the record. On that question, there are 58 Ayes, none voting Nay, and none voting Present. The Senate concurs in the House Amendment 1 and 2 to Senate Bill 2845, and the bill, having received the required constitutional majority, is declared passed. The Chicago Tribune seeks leave to photograph and videotape recording the proceedings. Is there any objections? Leave is granted. Senate Bill 2858. Senator -- Winkel. Senator Winkel. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2858. Motion filed by Senator Winkel.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Winkel.
Thank you, Mr. President. I move to concur on House Amendment No. 1 to Senate Bill 2858. What this bill does simply is if you enter into a contract, an automatically renewable contract, for a service over the Internet, usually they’re renewable yearly, that this allows if you have signed up through 16 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 the Internet through a webpage, that a year later when you -- if you choose not to renew and you want to cancel, that you can do that at that Internet website, rather than having some other requirement, to use telephone or mail or some other form. So, that’s the extent of the bill. It’s a good consumer-protection bill and I’d ask for your Yes vote.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? If not - this is final action - the question is, shall Senate concur in House Amendment 1 to Senate Bill 2858. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, none voting Nay, none voting Present. The Senate concurs in Amendment 1 to Senate Bill 2858, and the bill, having received the required constitutional majority, is declared passed. Senate Bill 2878. Senator Sandoval. Senator Sandoval. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 2878. Motion filed by Senator Sandoval.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Sandoval.
Thank you, Mr. Presidente’ and Members of the Senate. Senate Bill 2878, House Amendment 2 deletes House Amendment No. 1. House Amendment No. 2 retains the provisions of the underlying bill and adds provisions concerning preliminary investigations, service of notice and Assurance of Voluntary Compliance settlements. And additionally, the -- and additionally, the assignment of monetary penalties are clarified to reflect the imposition only for private adjudicated violations and the distribution is assignable to the Voluntary Compliance Payment Projects Fund when not otherwise assigned. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Senator Roskam.
17 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 Thank you, Mr. President. Briefly to the bill. This bill has been really worked on, I think considerably, by Senator Sandoval and others. It was, I think, much more controversial when it left the Senate, and it is much more palatable, I’m informed, to the business community. Thank you.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Sandoval, to close.
I ask for a favorable roll.
PRESIDING OFFICER: (SENATOR VIVERITO) This is final action. The question is, shall Senate concur in House Amendments 1 and 2 to Senate Bill 2878. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 57 Ayes, none voting Nay, and none voting Present. The Senate concurs in Amendments 1 and 2 to Senate Bill 2878. The bill, having received the -- the -- the required constitutional majority, is declared passed. Senator Halvorson, what purpose do you rise?
Thank you, Mr. President. I’d like to announce a Democrat Caucus immediately in the President’s Office for only a half hour. That’s all I can take.
PRESIDING OFFICER: (SENATOR VIVERITO) For some of you who might not have heard - Debbie’s having a little problem with her voice - there’ll be a Democratic Caucus immediately for a half hour, and we will return. Thank you. Senator Burzynski, what purpose do you rise?
Thank you, Mr. President. The Senate -- the Senate Republicans would request a caucus immediately.
PRESIDING OFFICER: (SENATOR VIVERITO) Thank you. Senate Republicans will have a caucus as well. We will stand in recess for thirty minutes -- till the call of the Chair. The Senate is in recess. Thank you. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR VIVERITO) 18 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 The Senate will come to order. Madam Secretary, Messages from the House.
A 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 184, together with House Amendment 1. Passed the House, as amended, May 28, 2004. I have like Messages with respect to Senate Bill 184, with House Amendment 1; Senate Bill 1592, with House Amendment 3; Senate Bill 1897, with House Amendment 1; Senate Bill 1953, with House Amendment 1; Senate Bill 2108, with House Amendment 1; and Senate Bill 3188, with House Amendment 1. All passed the House, as amended, May 28, 2004. A 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 1553, together with House Amendments 1 and 2. Passed the House, as amended, May 28, 2004. Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 4895. Passed the House, May 27, 2004.
PRESIDING OFFICER: (SENATOR VIVERITO) All Members can hear the sound of my voice, please come to the Floor. Senator Jones.
Mr. President, a point of personal privilege.
PRESIDING OFFICER: (SENATOR VIVERITO) Point of -- what is it? What’s your point.
Yes. I’d like to introduce a friend of mine from back home in Palatine. He’s the Executive Director of the Palatine Park 19 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 District. He’s sitting behind the Republican -- the -- sitting in the gallery back here. Ron Gbur, from Palatine Park District.
PRESIDING OFFICER: (SENATOR VIVERITO) Let’s give him a nice round of applause. Welcome to the Senate. Madam Secretary, Resolutions.
Senate Resolution 582, offered by Senator Brady. It is a death resolution.
PRESIDING OFFICER: (SENATOR VIVERITO) Resolutions Consent Calendar.
And Senate Joint Resolution 83, offered by Senators Brady, Rutherford, Watson and all Republican Members. It is substantive.
PRESIDING OFFICER: (SENATOR VIVERITO) The Rules Committee will be -- meeting in the President’s Anteroom immediately. The Senate will stand at ease. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR VIVERITO) Madam Secretary, Committee Reports.
Senator Viverito, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Refer to Agriculture and Conservation Committee - Motion to Concur with House Amendment 1 to Senate Bill 3111; refer to Environment and Energy Committee - Floor Amendment 4 to House Bill 911; refer to Executive Committee - Floor Amendment 3 to House Bill 1067; refer to Financial Institutions Committee - Motion to Concur with House Amendment 1 to Senate Bill 2908; refer to Health and Human Services Committee - Motion to Concur with House Amendment 1 to Senate Bill 2794 and a Motion to Concur with House Amendments 1, 2 and 3 to Senate Bill 2880; refer to Insurance and Pensions Committee - Motion to Concur with House Amendment 3 to Senate Bill 2238 and Motion to Concur with House Amendment 1 to Senate Bill 3077; refer to Labor and Commerce Committee - Motion to Concur with House Amendments 1 20 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 and 3 to Senate Bill 797; refer to Licensed Activities Committee - Motion to Concur with House Amendments 1 and 2 to Senate Bill 2253; refer to State Government Committee - Motion to Concur with House Amendment 2 to Senate Bill 2820, Motion to Concur with House Amendments 1 and 2 to Senate Bill 2844 and a Motion to Concur with House Amendment 1 to Senate Bill 3201; refer to Transportation Committee - Floor Amendment 1 to House Bill 944; and Be Approved for Consideration - House Bill 790, 1010, 1015 and Senate Bill 1946.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Sullivan.
Point of personal privilege.
PRESIDING OFFICER: (SENATOR VIVERITO) What is your point?
I’d just like to welcome to the Senate Floor my brother, Bill, and his wife, Cheryl.
PRESIDING OFFICER: (SENATOR VIVERITO) Let’s give a warm welcome to the Sullivan family. Welcome to the Senate. Senator Silverstein.
For a point of personal privilege and a committee announcement. I’d like to welcome my -- the boss of my family, my wife, Debra, here today. And the Senate Executive Committee will meet at 5:45 in Room 212.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Link.
Thank you, Mr. President. An announcement. Financial Institutions will meet at 6:45 p.m. in Room 400.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Maloney.
Thank you, Mr. President. The Labor and Commerce Committee will meet in Room 400 at 6:15.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Jacobs.
21 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 Thank you -- thank you, Mr. President, Ladies and Gentlemen of the Senate. The Insurance and Pensions Committee will meet in Room 400 at 4:15 sharp.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Schoenberg.
Thank you, Mr. President. For the purposes of an announcement. The State Government Committee will meet today at 5:45 in Room A-1 of the Stratton Building.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Hendon.
Thank you, Mr. President. The Energy -- Environment and Energy Committee will meet at 5:15, 5:15, in Room 212.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Shadid.
Thank you, Mr. President. Transportation will meet in Room A-1 at 4:45.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Walsh.
Thank you, Mr. President. For the purpose of an announcement. Agriculture and Conservation Committee will meet today at 5:15, 5:15, in A-1.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Harmon.
Thank you, Mr. President. The Judiciary Committee will meet today at 4:45 p.m. in Room 400.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Crotty.
Thank you. Licensed Activities will meet tonight at 6:15 in the Stratton Building, A-1. And Human Services will be meeting at 5:15 in Room 400.
PRESIDING OFFICER: (SENATOR VIVERITO) We will now proceed to Concurrences on page 21. Page 21. Senator Munoz. 28 -- Senate Bill 2887. Senator Munoz. Out of 22 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 the record. Senate Bill 3013. Senator Garrett. Madam Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 3013. Motion filed by Senator Garrett.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Garrett.
Thank you, Mr. President. House Amendment No. 1 becomes the bill, and basically Senate Bill -- 3013 says that if counties, municipalities, public water districts, water service districts, water authorities or water commissions issue a boil order, the public health department must be notified as soon as practical but no later than two hours after issuing the order. A written notification must follow within twenty-four hours after the boil order is issued and must include the estimated duration and the geographic area covered. And I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR VIVERITO) Sponsor will yield.
Senator Garrett, you and I had a discussion about this bill in Public Health yesterday, and I want to go over that a little bit for the benefit of the Members who were not in committee. Basically, this bill requires that if a boil order is issued, that the -- whoever the water supplier is, in addition to the other notifications they have to make to the media and to the EPA, you’re going to ask them to notify any local public health departments in their jurisdiction. Is that right?
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Garrett.
Yes, it is.
PRESIDING OFFICER: (SENATOR VIVERITO) 23 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 Senator Righter.
Why?
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Garrett.
Well, if there is a problem, for instance, with a boil order and there’s a restaurant that’s going to need to be closed, the local health departments need to know, and the Department of Public Health will have the ability to make sure that that notification is taken care of in a timely way. The difference between what I’m doing and what currently exists in the statute under the EPA is that the EPA does not require notification. What this bill simply does is allow the Department of Public Health to issue a timely notification to the local public health department.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter.
Thank you, Senator Garrett. I’m going to disagree with you though. I’m holding in my hand a copy of the IEPA’s field manual that they distribute to all the -- all the water suppliers, and in there - and this is according to Section 35 of the Illinois Administrative Code - they require notification be given to affected individuals, placing a special emphasis on schools, hotels, hospitals, restaurants, nursing homes, consecutive water systems, food processors and whatnot. In other words, that’s already required under the law. So, if that’s the case, why do we want to then add to the water suppliers’ paperwork already when they’re trying to deal with an emergency situation with a boil order and have them send notice out to an entity who’s going to turn around and do the same thing that’s already being done?
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Garrett.
Well, there are two differences. One is the timeliness. This requires some -- the notification to take place within a certain period of time, as I’ve already stated. And the local 24 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 departments of public health also want to be included in this. You can say that there is some overlap and -- and for all practical purposes, maybe there is, but there’s a reason in which many communities would like to have this information to the people who can, in fact, be affected. This isn’t going to be any additional burden, but it is a way in which to put into a statute that the notification has to be done in a timely way.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter.
Well, Senator Garrett, I’m going to again disagree with you. First of all, the local water suppliers are required to send that notice out immediately, as soon as the boil order is issued, and I would suggest to you there would be serious civil liability on them if they didn’t do that. So -- and -- and second, let me -- while your bill requires notice be given to all the local public health departments ‘cause they want to be in the loop, does it require them -- does it require them to do anything with the information?
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Garrett.
The way I understand is that they have to act on it, depending on what the issue is, and that may mean putting something out as a public service announcement or going over to, for instance, a restaurant and making sure that the issue is -- is addressed.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Schoenberg.
Move the previous question.
PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator. Senator Righter.
Thank you, Mr. President. Senator Garrett, can you point to the Section in the bill where it requires the local public health department, once they receive the notice, to notify anyone of anything?
PRESIDING OFFICER: (SENATOR VIVERITO) 25 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 Senator Garrett.
I’ve just been told that this would be done through rules.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter.
Thank you, Mr. President. To the bill. Ladies and Gentlemen, we all get complaints, regardless of where you represent and -- and -- and what part of the State you come from, we all get contacts from local governments or water suppliers or whoever it might be who say, “You know what? We don’t need anymore mandates. We don’t need you to tell us to send out another piece of paper or another notice or another fax, because we’re already doing it.” And, Ladies and Gentlemen, this is just such a bill. With all due respect to the sponsor, the notice that she’s concerned about being given to the nursing homes or the hospitals or the restaurants is already being given by the water suppliers. In addition, public health, either at the State level or with the local public health departments, play no official role whatsoever in correcting a boil order. The EPA has to test the water and -- and certify it before the boil order can be lifted. Public health departments, either in Springfield or locally, have no role in what -- this whatsoever. The Rural Water Association is opposed to this, and it’s easy for us to sit here and say, “You know, it’s really not a burden”, but we’re not the ones that are having to comply with this. This is duplicitous. It is an unnecessary government mandate, and I would urge a No vote.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Garrett, to close.
Ladies and Gentlemen, I respectfully disagree with the last speaker. This bill has come forward because we have had problems, maybe not in rural southern Illinois but in other areas of the State, where the public health departments haven’t been able to have a role. And I’m -- I’m going to read to you the -- the proponents of this particular legislation: Northern -- the Department of Public Health, the Northern Illinois Public Health Consortium, Lake County Health Department of Public 26 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 Health, Metropolitan County Association, Illinois PIRG, Metro Counties, Illinois Association of Public Health Administrators, Cook County Department of Public Health. Ladies and Gentlemen, this is a good bill. It’s necessary, and I urge you to vote Yes.
PRESIDING OFFICER: (SENATOR VIVERITO) This is the final action. The question is, shall Senate concur in House Amendments 1 and 2 to Senate Bill 3013. Those in favor, vote Aye. Opposed, Nay. The voting is open. All -- have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 38 Ayes, 13 -- 18 Nays, and 1 Present, 2 not voting. The Senate concurs in House Amendments 1 and 2 to Senate Bill 3013, and the bill, having received the required constitutional majority, is declared passed. The leave of the Body, we will return to Senate Bill 2887. Tony -- I mean, Senator Munoz. Senator Munoz. Madam Secretary, read the bill.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2887. Motion filed by Senator Munoz.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Munoz.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Amendment 1 to Senate Bill 2887 deletes and makes changes in requirements for renewal of real estate brokers license. Delineates the services that a broker must provide in exclusive brokerage agreement. Increasing the amount of continuing education required for licensees.
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Senator Lauzen.
A question for the sponsor.
PRESIDING OFFICER: (SENATOR VIVERITO) The sponsor will yield.
Senator, is there a grandfather clause for real estate agents who have been in for twenty-five, thirty years, have 27 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 probably forgotten more about the industry than, you know, some folks are going to learn by going to a class?
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Munoz.
No, there’s not, Senator.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Lauzen.
Then, to the bill. I would just recommend to folks on both sides of the aisle that when we get calls from more experienced real estate agents when we get back home in the field, and they say, “You know, Chris,” or any of us, “You know, Senator, I’ve been in this field for twenty-five, thirty years, and I certainly don’t have to take some class taught by somebody who’s been here for five years in order to keep up”, I -- I think that without a grandfather clause in here, that this is something that’s just going to create a lot of trouble. I know that the intention is right, but I think that without a grandfather clause, I’d recommend a No vote.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Schoenberg.
Move the previous question.
PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator. Senator Winkel.
Thank you, Mr. President. I just rise to add that this -- this amendment, as I understand it, is identical to legislation we already passed and that it passed out of the Licensed Activities unanimously. And it was initiated by the Illinois Association of Realtors.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Munoz, to close.
Just would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR VIVERITO) All right. This is final action. The question is, shall Senate concur with House Amendment 1 to Senate Bill 2887. Those 28 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004 in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 3 Nays, none voting Present, 1 not voting. The Senate concurs in House Amendment 1 to Senate Bill 2887, and the bill, having received the required constitutional majority, is declared passed. Top of page 22. House Bill 4247. Senator Righter. On the Order of Non-Concurrence. Do you wish to proceed? Senator Righter. Please read the motion. Sorry.
I move to recede from the Senate Amendment No. 1 to House Bill 4247. Motion filed by Senator Righter.
PRESIDING OFFICER: (SENATOR VIVERITO) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Bill 4247, I’m making a motion to nonconcur -- or, I’m sorry. Inquiry of the Chair. This is a motion to recede from Senate Amendment 1.
PRESIDING OFFICER: (SENATOR VIVERITO) This is to recede. Senator Righter, to explain the motion.
All right. Thank you. I’m moving to recede from Senate Amendment 1 to House Bill 4247. The underlying bill incorporates language into the verbatim recording statute that was passed last year in the Freedom of Information Act. The Senate amendment that I am moving to recede from also contained two words “or judicial” that had to do with discovery in civil cases. After this bill passed out of the Senate, we were advised by the Majority Leader in the House, as well as the Republican Spokesman and the Attorney General’s Office and the Press Association, that they did not believe that the amendment that we put on was appropriate and fit with the underlying intent of House Bill 4247. Therefore, they nonconcurred in the amendment. In order to make this bill become law and provide an important protection for the local governments, and one that the Press Association itself agrees with, I am moving to recede and send it to the Governor’s desk. Thank you. 29 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day 5/28/2004
PRESIDING OFFICER: (SENATOR VIVERITO) Is there any discussion? Seeing none, Senator Righter moves the Senate recede from Senate Amendment No. 1 to House Bill 4247. This is final action. The question is, shall the Senate recede from Senate Amendment 1 to House Bill 4247. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, 1 Nay, none voting Present. The Senate recedes from the Senate Amendment No. 1 to House Bill 4247, and the bill, having received the required constitutional majority, is declared passed. Senator Meeks.
Thank you so much, Mr. Chairman {sic}. On that particular vote, one of our aides running past pushed my No button instead of Yes. I want to be recorded as a Yes.
PRESIDING OFFICER: (SENATOR VIVERITO) It will be recorded, Senator. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 9 a.m. tomorrow -- I’m sorry. Saturday, May 29th. The stand -- the Senate -- oh, Senator Obama. Senator Obama.
Stand for purposes of announcement, Mr. President.
PRESIDING OFFICER: (SENATOR VIVERITO) Your point.
The Health and Human Services Committee will meet at 5:15 p.m. in Room 400. 5:15 p.m. in Room 400. We won’t have a lot to do, so if people could be there on time, that would be helpful.
PRESIDING OFFICER: (SENATOR VIVERITO) Thank you, Senator. The Senate stands adjourned. 30