The hour of tuelve having arrkved, the Senate will please come to order. Will the Members be at their desks, and will our guests in the gallery please rise. ûur prayer this afternoon by Pastor Milton Bost, Pasfield Southern Baptist Church, Springfield, Illinois. Reverend.
(Prayer given by the Reverend Milton Bost)
Thank you: Reverend. Reading of the Journal, Madam Secretary. Senator Hall.
Thank you, Mr. Presldent and Ladies and Gentleman of the Senate. Mr. President, I move that reading and approval of the Journals of Wednesday, April 26th7 Thursday, April 27th; Friday, April 28th7 Monday, May the 1st: Tuesdayz May 2nd: Wednesdayy May 3rd2 Thursdaye May 4th: Fridayz May 5th: Tuesday, May 9th7 Wednesday, May 10th7 Thursday, May 11th: Friday, May 12th7 Monday, May 15th2 Tuesday, May 16th: Wednesday, May 17th) and Thursdayz May 18th, in the year 1989: be postponed: pending arrival of the printed Journals.
You've heard the motion as placed by Senator Hall. Is there any discussion? If not, al1 in favor indicate by saying Aye. All opposed. The Ayes have The motion carries, and it is so ordered. Resolutions, Madam Secretary. SECRETARY HAWKERJ Senate Resolution 327 offered by Senator Davidson and all Members. Senate Resolution 328 offered by Senator Davidson and al1 Members. Senake Joint Resolution 64 offered by President Rock. 1 STATE OP ILLINOIS 86th GENEM L ASSEMBLY REGULAR SESSION SENATE TM NSCRIPT 33rd Legislative Day May 22, 1989 . .. (Machine cutoff)...slouse Resolution is President Rock# Senator Collins and al1 Members. They're all congratulatory.
Consent Calendar . Resolutions.
Senate Joknt Resolution 65 offered by Senator Topknka. It is also congratulatory.
Consent Calendar. Messages from the House.
A Message from the House by Mr . O 'Brien, Clerk . Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passaqe of which I àflt instructed to ask the concurrence of *he Senate, to Wit: House Bills 29, 42, 45, 103, 115, l58, l89, 1.95, 247: 250, 294, 308, 32l, 342, 442, 496, 522, 602, 604, 633, 634, 64l, 649 and 683, 713, 7l4, 732, 737, 739, 753, 777, 795, 799, 853, 854, 870, 892, 895, 957, 972, 995, 1059, 1072, 1097, 1111, 1137, 1142, 1148, 1170, 1198, 1199, 1203, 1217: 1218, 1225, 1251, 1252, 1255, 1294# 1372, 1384, 1385, 1386, 1423, 1496, 1518, 1547, 1566, 1597, 1616, 1666, 1667, 1671, 1673, 1718, 1757, 1842, 1847, 1858# 1859, 1860, 1862, 1880e 1882# 1883, 1904, 1925, 1964, 2-0-0-6, 2014, 2031, 2115, 2125, 2139, 2198, 2255, 2272, 2294: 2314# 2333, 2334 e 2345 g 2437 , 2441 y 2449g 2461, 2482, 2485 , 2487, 2497, 2513, 2579 , 2582 , 2589, 2599 , 2651, 2655, 2656, 2657 , 2662, 2663: 2665, 2693, 2733, 2737# 2786, passed the House, May 18, 1989. Filed by John F. O'Brienr Clerk of the House. A Message from the House by Mr. O 'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint 2 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leskslatkve Day May 22, 1989 resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: Eouse Joint Resolution 54. And it is congratulatory.
Consent Calendar. Al1 right. Ladies and Gentlemen, as indicated, we Will begin on Page 59 on the Order of Motions in Writing. These are Motions to Discharge the respective committees from consideration of bills; 30 affirmative votes will be required. In the meantime: while wefre awaiting for the Members to gather their files together, Madam Secretary, with leave of the Body, let's move to Page 48 on the Calendar. Wedll do House Bills 1st Reading. Page 48 on the Calendar, Ladies and Gentlemen. House Bills 1st Reading.
House Bill 37 offered by Senator Marovitz. (Secretary reads title of bill) House Bîl1 62 offered by Senator del Valle. (Secretary reads title of bill) House Bil1 274 offered by Senator Welch. (Secretary reads title of bill) House Bill 304 offered by Senator del Valle. (Secretary reads title of bill) House Bill 316 offered by Senator Etheredge. (Secretary reads title of bill) House Bill 548 offered by senator Woodyard. (Secretary reads title of bill) House Bill 592 offered by President Rock and Senator Berman. (Secretary reads title of bill) House Bill 642 offered by Senator Hall. (Secretary reads title of bill) House Bill 776 offered by Senator Barkhausen. STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 (Secretary reads title of bill) House Bill 8l3 offered by Senator Marovitz. (Secretary reads title of bill) House Bill 873 offered by Senator Thomas Dunn. (Secretary reads title of bill) House Bill 879 offered by Senator Schaffer. (Secretary reads title of bi11) House Bill 1083 offered by Senator Welch. (Secretary reads title of b1ll) House Bill 1107 offered by Senators Newhouse and DeAngelis. (Secretary reads title of bill) House Bill 1159 offered by Senator Karpiel. (Secretary reads tltle of b122) House Bill 1196 offered by Senator J.J. Joyce. (Secretary reads title of bill) House Bill 1207 offered by Senator Netsch. (Secretary reads title of bill) House Bill 1266 offered by Senators Severns and Macdonald. (Secretary reads title of bill) House Bill 1269 offered by Senators Smith and Macdonald. (Secretary reads title of bill) House Bill 1278 offered by Senator Barkhausen. (Secretary reads title of bill) House Bi11 1356 offered by Senator Welch. (Secretary reads title of bill) House Bill 1401 offered by Senator Donahue. (Secretary reads eitle of bill) House Bill 1416 offered by Senator Hawkinson. (Secretary reads title of bill) House Bill 1429 offered by Senator Keats. (secretary reads title of bill) House Bill 1553 offered by Senator Jones. 4 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 (Secretary reads title of bill) House Bill 1569 offered by Senators Smith and del Valle. (Secretary reads title of bill) House Bill 1577 offered by Senator Ralph Dunn. (Secretary reads title of bill) House Bill 1619 offered by Senator Berman. (Secretary reads title of bill) House Bill 1699 -- '/-ht / 'J - (Secretary reads title of bill) House Bill 1745 offered by Senator Schaffer. (Secretary reads title of bill) House Bill 1768 offered by Senator Smith. (Secretary reads title of bill) House Bill 1778 offered by Senator Ileats . (Secretary reads title of bill) House Bill 1891 offered by Senator Zito. (Secretary reads title of bill) House Bill 2032 offered by Senator Demuzio. (Seeretary reads title of bill) House Bill 2100 offered by Senator Zito . (Secretary reads title of bil1) House Bi11 2321 offered by Senator Daley. (Secretary reads title of bill) House Bill 2351 offered by Senator Thomas Dunn. (Secretary reads title of bill) dHouse Bill 2383 offered by Senator Jacobs . (Secretary reads title of bill) House Bi11 2427 offered by Senator Welch. (Secretary reads tktle of bill) House Bill 2428 offered by Senator Welch. (Secretary reads title of bill) House Bill 2436 offered by Senators Weaver and Woodyard. 5 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislatïve Day May 22e 1989 (Secretary reads title of bill) House Bill 2528 offered by Senator Berman. (Secretary reads title of bill) House Bill 2629 offered by Senator Hawkinson. (Secretary reads title of bill) House Bill 2649 offered by Senator Donahue. (Secretary reads title of bill) lst Reading of the Bills.
Resolutions, Madam Secretary.
House Bill 329 offered by Senator Madiqan. Pardon me -- Senate Resolution 329 offered by Senator Madigan. It is congratulatory.
Consent Calendar. A1l right. Ladies and Gentlemen, we will commence on the Order to whieh we agreed, and that is Motions in Writing. If you will turn to Page 59 on the Calendar. There is something in excess of 195 Motions in Writing filed, which we Will attempt to deal with, and then there are I'm told, about 30 amendments filed kor the purpose of recalling bills from 3rd to 2nd Reading for the purpose of an amendment. If we can get to those two orders of business today and conclude them, we 'll be doing fine. Top of Page 59 on the Order of Motions in Writinge Madam Secretary, read the motion. Senate Bill 29.
I move to suspend all applicable rules and to discharge the Senate Committee on Elementary and Secondary Education from further consideration of Senate Bill 29, and that the foregoing Bill be placed on the Calendar on the Order of 2nd Reading. I request a roll call vote on this motion. Filed by Senator Maitland. 6 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslatkve Day May 22, 1989 PRESIDENT ROCK: Senator Maitland. SENATQR MAITLAND: Thank you, Mr. President, Members of the Senate. Senate Bill 29 eliminates the five-Year limitation for high school deactivation. Some years ago this legislation passed to ' accommodate some schools who Wanted to maintain the integrity of their grade schools and deactivate their high sehools. There are two such of these provisions that are Workin: now, and working well, and this simply takes the deadline or the five-year five-year portion off. I would appreciate the Body's support. PRESIDENT ROCK: Discussion? Senator Demuzio. SENATOR DEMUZIO: Well, thank you, Mr. President. First of all, have a parliamentary inquiry, if I may. Since this motion of Senator Maitland proposes to discharge the Committee on Elementary and Secondary Education, rather than the Special Committee on Elementary and Secondary Education, to which the bill was properly referred by the Senate Special Temporary Committee on Assignment, is this motion in order? PRESIDENT ROCK: Well, I am obviously prepared to rule on your inquiry, and, in fact, al1 the Motions to Discharge, as I read them, appear to be out of order, since every one of them refers to a certain named committee and not Ehe proper and appropriate Special Temporary Committee. I think, however, rather than spin our kheels and ask that additional and new motions be filed, since it was our agreement, I would suggest that, With leave of the Body: a Member ought to -- ought to move to amend these motions, to correct this obvious error. Senator Demuaio. SENATOR DEMUZIO : 7 : STATE OF ILLINOIS i 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 33rd Legislative Day May 22, 1989 Well, in that case, Mr. Presidenty perhaps I would ask leave of the Body, maybe after this bill? No, that's okay. Let's include this bill. I would ask leave of the Body that -- that we reflect khat the motions are, in fact, in order with respect to your ruling. PRESIDENT ROCK: Al1 right. Is leave granted? Leave is granted. The question is, shall a11 of these motions be amended as proposed to reflect the proper committee from which the discharge is requested. Al1 in favor indicate by saying Aye. A11 opposed. Madam Secretary, leave has been granted, and the motion is allowed. Discussion on the notion? Senator Holmberq. ' SENATOR HOLMBERG : Thank you, Mr. President. I would like to point out to the Body thaty unlike many of bills we 'll be -- be asking to vote on in Motions to Discharge, this particular bill was already heard in Elementary and Secondary Education Committee and did fail, 8 to 2. An identical bill also failed to move from the Elementary and Secondary Education Committee in the 85th General Assembly. PRESIDENT ROCK: All right. Further discussion? Senator Maitland may close. SENATOR MAITLAND: Well, thank you very much, Mr. President. Senator Holmberg, I appreciate that explanation. First of all, I don't know Where you got your 8 to 2 vote. That was not the vote in -- in committee, and I resenk khat -- resent that commenk, quite franklyg because ik was defeated in committee, and there was some misunderstanding on the bill. There Was no question but what the votes were there to get the bill out. This is critically important to a couple of school districts in this State who have buildings that are beyond repair, and must naintain the integrity of the deactivation status, and I would simply -- this is a -- in my judgment, this is 8 STATE OF ILLINOIS 86th GENERAL ASSEXBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 a bipartisan issue, and I would -- would urge the Body's support.
Al1 right. The question is, shall Senate Bill 29 be discharqed from further from further consideration of the Elementary and Secondary Education Committee. And the Senator has asked that the bill be placed on the Order of 2nd Reading. 30 affirmative votes will be required. Those in favor Will vote Aye, opposed, vote Nay, and the voting is open. Have all voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, there are 29 Ayes, 8 Nays, and the motion fails. Read the next motion, Madam Secretary.
I move to suspend a1l applicable rules and to discharge the Senate Special Temporary Committee on Elementary and Secondary Education from further consideration of Senate Bill 30, and that the foregoinq motion be placed on the Calendar on the Order of 2nd Reading. I request a roll call vote on this motion. Filed by Senator Maitland.
Ladies and Gentlemen, on the Order of Motions in Writing, and there will be a roll call on every motion, so itls not necessary that request be made. Senator Maitland. Senate Bill 30.
Thank you Mr. President, Members of the Senate. This is the scaled-down version of the previous bill. This simply extends the deadline by five years and makes it a ten-year program. Aqaine this ks critically kmportant to a number of downstate school districts, and I would urge *he Body's support.
Discussion? Senator Holmberg.
Thank you Mr. President. First of all, would like to 9 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 apologize to Senator Maitland on the last bill. I misread the committee vote. It was 8-8-2. This bill -- Motion to Discharqe Senate Bill 30, is on a bill that was posted for committee: and was then held at Senator Maikland's requesk. Opponents to the bill did not have an opportunity to testify, express their opposition, in a public hearing, when he could have had the bill called. And I would recommend that Ne not discharge from committee.
Al1 right. Senator Maitland, you Wish to close? Senator Maitland has moved that Senate Bill 30 be discharged from further consideration by the Committee on Elementary -- Temporary Special Committee on Elementary and Secondary Education. Those in favor of the Motion to Discharge will vote Aye, opposed Will vote Nay, and the voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that queskion, there are 27 Ayes, 14 Nays, 2 voting Present, and the motion fails. Senate Bill 67. Senator Jones. Senate Bill 77. Senator Dudycz. Read the motion, Madam Secretary. Senate Bill 77. . . (machine cutoff)...77, pleas le. 1
Senate Bill 77. I move to suspend l a11 applicable rules and to 1 discharge the Senate Special Temj l orary Committee on Transportation 'senate Bi11 77, and that the from further conskderation of 1 f l oregoing motion -- the foregoing bill be placed on the Calendar 1 .L on the Order of 2nd Readins. Fi. yed by Senator Dudycz.
Senator Dudycz.
Thank you , Mr. President. Ladies l and Gentlemen of the Senate, Senate Bill l authorizes the Seçretary of State to issue special I license plates to the surviving spouse or the parents of a l 10 STATE OF ILLINOIS 86th GENERAL AESEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 deceased one who is awarded the Gold Star by the Uniked States I i Department of Defense, and according to the Illinois Departmenk of Veteran Affairsl estimates, there will be approximately 8:300 recipients in Illinois.
Discussion? Any diseussion? If not, Senator Dudycz has moved to discharge the Committee on Transportation from further consideration of Senate Bill 77, asks that it be placed on the Order of 2nd Reading. Those in favor of the Motion to Discharge will vote Aye. Opposed, vote Nay. The voting is open. Al1 voted who wish? Have all voted who Wish? Have all voted Who Wish? Take the record. On that question, there are 30 -- 31 Ayes, no Nays, none voting Present, and the motion prevails. Senate Bill 9l. Madam Secretary, read the motion. SECRETARY HAWEER) I move to discharge the Committee on Revenue from further consideration of Senate Bill 9l, and that it be advanced to Seeond Reading. Filed by Senator Topinka.
Senator Topinka.
Yes, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 91 provides an income tax credit to hospitals and nursin: homes which operate a day-care center for employees' children, and the credit would not exceed 30% of the cost of operaking khe day-care center, not to exceed 30% of the employer's total income tax liability for the year with a three-year carry-forward provision. This comes out of meetinqs that I have held over the last year with all the various nursing associations, who feel that one of the main and prlmary reasons thaE Ehe nursing shortage qoes on is the fact that there is not enough day care on the premises or off the premises that are supported by the . 11 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 hospitals and nursing homes to allow nurses to get back into the system , to stay with the system, to deal with their various staggered hours and things of that sort. This is not limited to on-site or off-siee -- premises, and it does not touch on non-for-profits. So it is rather limited, and I would ask for your favorable vote.
Discussion? Senator Netsch.
Thank you, Mr. President. I rise in opposition to the Motion to Discharge Senate Bill 9l. I think Senator Topinka has accurately described what the bill does, but it has several problems, the first of which is that we have already voted out of the Revenue Committee Senator Smith's bill, which would provide for some help to a broad range, that is all employers who are willing to provide for child care both on-premise and off-premise. This, which is a tax credit, limited to hospitals and nursing homes, is much too narrow in its scope. probably, although it certainly reaches some employers Who I am sure have a need, it doesn': even begin to reach al; of the employers who have ehat kind of need. Iîm not even sure that it Would constitute a reasonable classification for purposes of constitutional validity. And I would point one last point, that a good many of the hospitals, and certainly some, if -- of -- of the nursin: homes, are not-for-profit. They do no* pay State income tax, and a tax credit would: I assume, do them no good at all. So Ehat ie seems to me that a) the -- it is much too narrowly focused; b) it is focused at some employers, who probably cannot even take advantage of khe tax advantage that is intended to...to be offered here; and thirdly, in any event, we have a good solid bill that is already on the Calendar dealing with a very important subject, and ik can be fully debated in connection with that. I would, therefore, 12 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 oppose the Motion to Discharge.
PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Topinka may close. SENATOR TOPINKA) Well, yes, Mr. President and Ladies and Gentlemen of the Senate, realize that there is an all-inclusive bill, but as *e go forward at attempting to try and deal With day care, and being a rather conservative person, I think, a go-slow approach is probably a better way to qo, and r would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Topinka has moved to discharge the Committee on Revenue from further consideration of Senate Bill 91. Those in favor will vote Aye, those opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 25, the Nays are l1# none voting Present. The motion fails. Senate Bill 130. Senator Collins. 139. Senator Topinka. Senator Topinka. 139. Al1 right. On the Order to Discharge is Senate Bill 139. Madam Secretary.
I move to discharge the Committee on Revenue from further consideratkon of Senate Bk11 139: and that it be advanced to 2nd Reading. Filed by Senator Topinka.
PRESIDING OFFICER: (SENATOR DEMUZIO) senator Topinka.
ïes. Mr. President, Ladies and Gentlemen of the Senate, this would use -- I'm sorry. This would require that the Illinois Department of Revenue return to the taxpayer any check or money order ehat was not made payable eo the Department, within 15 days of receipt, unless the amount matched the amount on an 13 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 accompanying Illinois Tax Return. This is an attempt to try and get back to people -- monies that they may have sent to the Illinois Department of Revenue by mistake, usually sending their Internal Revenue checks to the Department of Revenue by mistake, having them cashed, getting involved in a very complicated voucher system, having their monies locked up at no interest for long periods of time, not being able to pay the IRS, and generally winding up in a nightmare that is just too, too awful. Originally ' the bill was asking that tax returns be color-coded; that has been amended out. And I don't know of anybody that is in opposition, and I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Excuse me. Senator Netsch.
Thank you, Mr. President. rise in opposition to the Motion to Discharge, not so much because what is bein: proposed here is that bad or certainly not that bad tax policy. There are a couple of problems. One is that this i: hardly the kind of momentous issue thae warrants a successful Motion to Discharge and a bill having a life a11 of its own: partly because the Department of Revenue tndicated to us in the hearing that they already do this, and so, in a sensee the only part of this bill that is left which has to do with the cashing of checks, is already a matter of practice. I have strong suspicions Ehat there might be some other purpose for this bill, if it should, in fact, reach the Floor. would sugsest ko senakor Topinka since khere's nothing wronq with the substance of what she is trying to do - it's just the procedure - that she find a -- one of the administration technical cleanup bills and add it to one of those bills. Senator Rigney has several of them, they have been agreed to, and Senakor Woodyard has another one. They have been agreed to for discharge; they are on the Calendar. This would be a simple amendment and I 14 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 am sure either one of them would be happy to accept it. but I h think it would be a mistake to allow this bill to fly on its own. i j
PRESIDING OEFICER: (SENATOR DEMUZIO) Further discussion? Senator Fawell. SENATOR FAWELL: . Thank you very much. You may consider this a -- a nonessential bill, Senator Netsch, but I will tell you, I have had a couple constituents who were really tied up by the Department of Revenue. One of them had a five thousand dollar check that she sent mistakenly to the Department of Revenue to pay an eight hundred dollar Income Tax bill, and then did not pay -- only paid eight hundred dollars on her Federal Income Tax. She 9ot the checks mixed, and unfortunately, the Department of Revenue didn't seem to want to correct the mistake, and consequently, this woman had to go out and borrow money to pay her federal tax. She had to pay interest on her federal tax. We did -- finally did get the thing straightened out, but only after I personally made about a half a dozen phone calls. It seems to me that mistakes are made, and when they are made, I don't think we ought to be penalizing those who accidentally paid us more than they should have.
PRESIDING OPFICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Schaffer.
Ir too, rise in support. I had a similar constituent problem - I have actually had several - but recently, a large - relatively large - check was sent by misEake by one of my conskikuents Eo our Department of Revenue. He sent khe Federal stake to us and the Stake check to the Eeds. Needless to say, We cashed it. We then Waited nine months to give this gentleman or this company back the funds. The Feds were unwilling to wait nine minutes. The gentleman had to qo to the bank and then wait month after month after month, while the Department of Revenue blamed the 15 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 I Comptroller, the Comptroller blamed the Department of Revenue, and the poor guy had a heck of a time - had to mortgage his house to : j meet his payrolls. This is something that We ought to stop, and this bill Will do it. I think this bill ought to be discharged.
PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Further discussion? If not, Senator Topinka may I i close. 1
Yes, if I may. You know, I am rather surprised, you know, at some of the comments from Senator Netsch, because she has been such a great advocate of qetting people's money back to them When it is held, basically illegally, by the State and used for the State's purposes. There is no otber purpose for this bill, Senator Netsch; I do Wish to confirm that. It is strictly to try and take care of constituents who get in this snafu, for which there is really no out. Except there is one: and that is a local banker would have to make up this money if, indeed, the cash were, indeed, cashed illegally by the Illinois Department of Revenue. I think for the good of our constituents everywhere, please 1et this bill out of committee.
PRESIDING OFPICER: (SENATOR DEMUZIO) All right. The -- Senator Topinka has moved to Discharge the Committee on Revenue from further consideration of Senate Bill 139. Those in favor will vote Aye, those opposed, Nay. The voting is open. Have all voted who wish? Have all voted Who wish? Have al1 voted who wish? Have al1 voted who wish? Take *he record . On that question, the Ayes are 29, the Nays are l2, 3 voting Present. The Motion to Discharge fails. 154. Senator Topinka. Senate Bill 154, Madam Secretary.
I move to suspend Senate Rule 5c, and that the Committee on -- the Special Temporary CommitteeonExecutivebedischarged from 1 16 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 further consideration of Senate Bill 154, and that it be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Topinka.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Topinka.
ïes, Mr. President, Ladies and Gentlemen of the Senate. First of all, Senate Bill l54 received quite an aceàve debate in comnittee and I think everybody kind of understood what it meant to do, which is to put khe State back into the system of trylng to help fund the asbestos removal which is the nightmare that We have put our school districts into, and which remains one of the single biggest problems that they face today. What this does is allow school districts to use the State for State Bonds, so that we, indeede become the collateral to back up this procedure. In general, we...we also have an amendment here that does correct what was a problem that LRB had in some of the figures. That was discussed in committee. The amendment which would go on, on 2nd Reading, should this get out of committee, Was quite acceptable to a11 concerned. I really think we have created the obligation. We should, you know, stand behind thisz and finally end this problem for our schools: and give them a Way out. And I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Discussion? Senator Senator Joyce? Discussion? not, senator Topinka has moved to discharqe Ehe Comnittee on Executive from further consideration of Senate Bill 154. Those in favor will vote Aye, those opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 29, the Nays are 1l, 2 voting Present. The Motion to Discharge fails. Senate B11l 159. Senator Kustra. Senator 17 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Kustra on the Floor? 161. Senator Macdonald. 161? Senator Macdonald, do you wish to have that bill called, that Discharge Motion? All right. Senate Bill 161, Madam Secretary. Discharge Motion.
I move to suspend Senate Rule 5c, and the Special Temporary Committee on Revenue be discharged from further consideration of Senate Bill 161, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Piled by Senator Macdonald.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald.
Thank you, Mr. President. This is amends the Illinois Income Tax, to incorporate exemptions for blind and elderly taxpayers. Mine is not the only b1l1 that does that, but I would cer*ainly like to have this bill discharged. It seems to me that in fairness in this State, it is a poor way for us to make money off of the backs of the blind and the elderly. I think this is an important piece of legislation, and I would ask for its discharge.
PRESIDING OFFICER: (SENATOR DEMDZIO) Discussion? Senator Netsch.
Thank you, Mr. President. Again, I am going to oppose the Motion to Discharge, and I would point out that this is getting to be a little bit strange. There is already a bill that has been voted out of the Committee on Revenue, Senakor Dunn's bill, SenaEe Bill 136, which does exactly the same thinq. There Will be a full opporkunity for everyone to vote on this issue and to express their viewpoint, and I would suggest, rather than having an exact duplicate voted out of the committee: that perhaps Senator Dunn would allow Senator Macdonald to join him as a co-sponsor on Senate Bill 136. 18 STATE 0F ILLINOIS 86th GENEQAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Thomas Dunn. No further discussion. Senator Macdonald' you may close. beg your pardon, Senator Luft.
Thank your Mr. President. I'd only like to acknokledge that one of the speakers from the other side last Week said this to one of our Senators, when we were discussing duplicate bills. The individual said, guarantee you one thing Senator so-and-so. If you Were on this side of the aisle, your bill would be dead whether it was Tabled or otherwise, because it would be pointed out to us immediately that this is duplicative. I would suggest you Table the bill.'' That was a Senator from the Republican side talking to one of our Senators because we had a duplicate of bill, and I just wanted to put that out for everybody's information.
PRESIDING OFPICER: (SZNATOR DEMUZTO) All right. Senator Luft, do you want to send a transcript over? Further discussion? Senator Macdonald, you nay close.
Seems that I am caught in a -- a partisan argument here, but we have know idea What is going to happen to the other bill: and I would just ask for your support of diseharge for this motion. PRESIDING OFFICER) (SENATOR DEMUZIO) Senator Macdonald has moved to discharge the Committee on Revenue from further consideration of Senate Bill 161. Those in favor will vote Aye, those opposed, Nay. The voting ig open. Have al1 voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that questiony the Ayes are 26, the Nays are 8, 5 voting Present. The motion to discharge fails. 164. Senator Rigney. 183. Senator Ekheredge. On Discharge Motions, bottom of Page 59g is Senate Bill 183, Madam Secretary . Read the motion. 19 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 33rd Leqislative Day May 22y 1989
I move to suspend all applicable rules and to discharge the Senate Special Temporary committee on Executive from further consideration of Senate Bill 183, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Etheredgd.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Etheredqe.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. What this bill does is to recognize the impact of inflation over the last six years on the requirement that employees of State and local government and school districts report their salaries. Ik raises the reporting threshold from thirty-five thousand to forty-five thousand dollars.
PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? Senator Lechowicz.
Mr. President, Ladies and Gentlemen of the Senate, We addressed this issue in Senator Watson's bill just the other day, and it didn't receive enough votes to pass. Now we have another duplicative bill that should also no* reeeive the votes to discharge the committee. Thank you.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Netsch -- Senator Netsch, your llqht was open. she passes, forever. Furkher discussion? If nok, Senator Etheredge, you may close.
Thank you, Mr. President. I think that is time for us to recognize the fact that inflation has indeed occurred over the last six years, and I would like to -- like for us a1l to have the opportunity to revisit this issue. I Would ask for a favorable 20 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislakive Day May 22, 1989 roll call.
PRESIDING OFPICER: (SENATOR DEMUZIO) All right. Senator Etheredqe has moved to discharqe the Committee on Executive from further consideration of Senate Bill 183. Those in favor will vote Aye. Those opposed, No. The voting is open. Have all voted who wish? Have a11 voted Who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 23, the Nays are 19, 3 voting Present. The Motion to Discharge fails. Senakor Maitland, on 190. On the Order of Discharge Motions, at bottom of the page, is Senate Bill 190, Madan Secretary. Read the motion, please.
I move to suspend a11 applicable rules, and to discharge the Senate Special Temporary Comnittee on Higher Education from further consideration of Senate Bill 190, and that the foregoinq bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Maitland.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.
Thank you very much, Mr. President' Members of the Senate. Senate Bill l90 is legislation recommended by the Illinois Community college Boarde and as some of you may know, we are forming a new Community College Distràct in the Bloomington-pontiac-Lincoln Corridor. This addresses some technîcal chanqes, and also addresses *he elêction of khe Board of Trustees at large. And I would appreciate the Body's support.
PRESIDING OFFICER: (SENATOR DEMUZIO) Diseussion? Discussion? If not, the question is, shall -- I be: your pardon. Senator Maitland has moved to discharge the committee on Higher Education from further consideration of Senate Bill 190. Those in favor will vote Aye, those opposed, Nay. The 21 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSTON SENATE TRANSCRIPT 33rd Legislative Day ' May 22, 1989 votinq is open. Have a1l voted who wish? Have a11 voted who Wish? Have al1 voted who wish? Take the record . On khat question, the Ayes are 29, the Nays are l0, 3 voting Present. The Motion to Discharge fails. Page 60. 196. Senator Hudson. On the Order of Discharge Motions, the top of Page 60, is Senate Bill -- the notion with respect to Senate Bill 196, Madam Secretary .
I move that the Special Temporary Commietee on Elementary and Secondary Education be discharged from further considerakion of Senate Bill 196, and that the bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Hudson.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Hudson.
Thank you Mr. President. Ladies and Gentlemen of the Senate, Senate Bill l96 removes the Word 'fdaily'ê from the physical education requirement (P.E.). P.E. would then become no more and no less important than any of the other mandated subjects being taught in schools in Illinois, such as math or English. I might tell you that this bill kas requested by the Legislative Educakion Network of Dupage (LEND) and the Illinois Association of School Boards. I would say to you, Ladies and Gentlemen, alsoe that our students at this point in time are being eaught between a rock and hard place, in this sense: there are mandates that we have passed in this Legislature that require certain courses to be taken in hiqh schoolr and also the.w.the State Board of Education, the Illinois Association of Sehool Boards and others are mandaking certain subjects that have to be taken, and at the same time, the requirements to enter college are getting stiffer a11 the time. So the student is findin: himself in a situation where he has very few credit hours to spend. So one thing khis bill Would do Would be to give those students that have reached the level of seventh 22 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 and eighth grades a -- that have reached the level of senior and junior years in their high school, to choose anoeher subject. For example, if they wanted to pick up some math or they wanted to pick up chemistry or some other subject, they could have the option of doing that, rather than beins forced to take a P.E. in those particular years. And this would give some flexibility to our local -- local school people. I think it's a --. I think it's an excellent eoncept, there's no danqer that any of these kids are going to become physical derelicts because of this lessening of the P.E. mandate. It's an idea Whose time has come, and it makes sense. And I would encourage you, folksz if you see fit, to discharge this bill from committee, so it could have a proper hearin: on its nerits.
PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Discussion? I'd like to point out that, thus far: at the rate that we are going: we Will be here till midnight with respect to all of these Discharge Motions. Senator Holmberg.
Thank your Mr. Preoidene. This bill is a good example of a bill that needs ko be heard in committee. There is opposition to it, it's very controversial, and a full hearing is advisable to present the viewpoints of both opponents and proponents, and therefore, I rise against the Discharge Motion.
PRESIDINC OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Hudson, do you wish to close? I am sorry, Senator Watson.
Yes, thank you Mr. Preskdent. I was kknd of surprised to hear the lask speaker mention there is opposition to this, and there may be from a special interest, but certainly noE from the kids. And I've got a junior in high school right now, and I've go* a daughter that's a sophomore in high school, son's a junior. And 23 STATE OF ILLINOIS 86th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 welre going through this very dilemma right now, as parents, trying to decide a -- a course of activity and courses to take in hiqh school for our kids to qo to school -- to college. And wedre sitting up here and we're qoing to mandate probably a poor curriculum to go into higher education - someday, shortly, we'll probably do that - and what -- we need to have khe flexibility as parents, and as skudents, we need to have the flexibility to allow it -- our kids, who this ls all about, not P.E. teachers, not some special interest qroup, but the kids. ïou know that's what we really ought to be concerned about. And unfortunately, they get lost in the shuffle up here all *he time, because wedre too darned interested in some -- protecting some teacher's job back at -- back home. Anyway, as a parent Who wants to see my son and dauqhter get an opportunity to qo to collegey and to get the basic eurriculum and course: needed in high school to do that, this is a good piece of leqislation, and I suppork it. Thank you.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Hudson may close.
In closing, Mr. President: I might say thak khere are only three states in the country now - Illinois, New Jersey and Rhode Island - in khe entire nation here, that require four years of P.E. in high school and twelve years of P.E. in a childês elementary and secondary career. And I might say to you that at this moment, the State of NeW Jersey is also entering into some discussion in consideration about relieving their eitizens of this -- of this requirement. It's an excellent ldea, and simply because it's maybe a little controversial, there is no reason why we can 't -- uhouldn't bring it out and get a full discussion of this issue on the Floor on 3rd Reading. I would urge you to give us a Yes vote on this. PRESIDING OFFICERI (SENATOR DEMUZIO) 24 STATE OF ILLINOIS 86th GENERAL ASSEMRLX REGULAR SCSSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senator Hudson has moved to discharge the Committee on Elementary and Secondary Education from further consideration of Senate Bill 196. Those in favor will vote Aye: those opposed, Nay. The voting is open. Have all voted who Wish? Have all voted who Wish? Have a11 voted who wish? Take the record. On that question: the Ayes are 2l, the Nays are l5r 2 voting Present. The Motion to Discharqe fails. Senate Bill 208. Senator Karpiel. 209. Senator Geo-Karis. On the Order of Discharge Motions, Senate Bi11 2û9: Madam Secretary. Read the motion.
I move Eo suspend Senate Rule 5c, and that the Special Temporary Commiktee on Local Government be discharqed from further consideration of Senate Bill 209, and that it be plaeed on the Senate Calendar on the Order of 2nd Reading. Piled by Senator Geo-Karis.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Geo-Karis.
Mr. Presidentz Ladies and Gentlemen of the Senate, thls bill would require two-thirds vote of the total number of members entitled ko sit on the county board in order to authorize a condemnation bf land in an unincorporated area. We have found there has been -- when county boards change, they 9et into all kinds of political ehicanery. I hate to say it, but itls happened in my county: it's happened in other counties, and this btll only applies eo for/sk preserve districts in collar counties under six hundred thousand population. The Illinois Farm Bureau supports this bill, and I ask for a favorable vote to --
PRESIDING OPFICER: (SENATOR DEMUZIO) Discussion? Senator Fawell.
Thank you very much. I received a number of letters: as am 25 STATE OP ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 sure most of you have, from citizens in Kane County and Lake County, who have wanted some legislation similar to this. It is a qood piece of legislation. certainly makes the elected officials have to respond to ehose who feel that their land is being taken unfairly. I would suggest stronqly that a1l of us khink about those letters, and support this legislation.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Holmberq.
Thank you, Mr. President. This bill was assigned to the Torest Preserve District Subcommittee of the Local Government Committee. So nany people wanted to testify on both sides on this partieular piece of legislation. That subcommittee was scheduled for 4/26: but was cancelled due to the Republican boycokt. Senator Geo-Karis is a hyphenated co-sponsor of Senate Bill 206, now on 3rd Reading: that deals With same subject matter and that bill, I think, could take care of this. Although this bill doesn't impact upon Dupage Countyz the Forest Preserve District of Dupage County did sign a Witness slip in committee in opposition, and also: the Lake County Forest Preserve is also in opposition. Senator Geo-Karis should give her oWn constituency the courtesy of a hearing in that subcommittee.
PRESIDING OFFICER: (SENATOR DEMUZIO) All right. The -- the board just 1it up like a Christmas tree. Purther discussion? Senator Karpiel.
Thank you, Mr. President. Well, unforEunately, these bills, this whole paekaqe of bills dealing with eminent domain and eondemnation powers on the part of forest preserve districts qot caughe up in our Senate dispute, and that's unfortunate. It's unforkunate for the people that live in Lake County and Kane County, because they have been having a tremendous problem up 26 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGDLAR SESSION SENATE TRANSCRIPT 33rd Legkslatize Day May 22, 1989 there. I don't knou hoW many of you have being receivkng letters, or have seen any of the areicles or the editorials in the newspapers dealing with this subjectz but this subject has gotten very hot in these *wo counties for different reasons and on different pieces of property, and in different ways, obviously, but still it's ehe Whole idea of local government being able to come in and take your property. Now in Kane County, the Forest Preserve Commission was going to come in and take three hundred and eighty feet of somebody's backyard on the riverfront. In three cases, they were going to take all the property and the homes. In other cases, where the property Was large, they were going to take two acres. Twenty-six homes along the riverfront were going to have all this property taken. For what? Was it a major highway that had to be built? Was it some major municipal buildin: that had to be butlk? No. was a bike path. Now, ask you why you have to take two acres or three hundred and eighty feet or three homes for a bike path? It is ridiculous. Something has to be done about putting some restrictions on eminent domain powers of these forest preserve districts. This only applies to Lake County and Xane County, and, I believe, Wil1. And itls a very simple bill. Some of the bills are a little bit more strànqent than this, but this one simply says that it will take two-thirds vote of the Forest Preserve Commission in order to pass a condemnation of someone's property. I think this is a very simple concepk, and I think that is very fair. And as far as the Dupage County Porest Preserve District beinq opposed to it, who cares? The bill doesn't even cover them, and I have talked to them and I think they have neutralized their position since they sent out their letters. The Foreot Preserve Diatrict Chairman in Kane County, the one who is going to be doing a11 this damage, he has even come to agree with this bill. I urge your support.
PRESIDING OFPICER: (SENATQR DKMUZIO) 27 STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 All riqht. Channel 20 has requested permission to tape. Is leave granted? Leave is granted. Further discussion? Senator Schaffer.
Mr. President, Members of the Senate, I think, as the roll call in a few moments Will demonstrate, this is not a partisan issue. In fact, perhaps to my friends on the other skde of the aisle, it Ray appear to be an intramural war on this side of the aisle you niqht be tempted to want to participate in. Simple faet is thae I think it's a very justifiable and defensive thing -- defensible thing to hold a little higher standard for condemnakion of people's homes and workin: farmsr for khat is essentially recreational type activities. I think that a stmple majority is a reasonable requirement when onels dealing kikh controversial things and khings that serve *he general public in a more universal fashion, such as roads and sewer easements and thae sort of thing. But in both Lake and Xane - and I have the honor of living in the middle - and having watched the, shall we say smoke on both horizons, we have seen, think, some activity perhaps well-intended, that I think flies in the face of what most of us are comfortable With in the form of government control. It's obvious to me that this bill is the only train coming through the station on this issue, and that the forces may be well able to defeat this tn the House, but I think ae lease the Senate ought to go on record as saying that people's homes and farms and property are protected by thîs hîgher standard, when *he governmenk's sole reason for wanting the property is a recreational type activity.
PRESIDING OFPICER: (SENATOR DEMUZIO) A11 riqht. Further discussion? zf not, Senator Geo-iaris, you may close.
Mr. President 28 STATE QF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
PRESIDING QPFICER: (SENATOR DEMUZIO) I am sorry. Senator Dunn. I beg your pardon. Senator Thomas Dunn.
Thank you, Mr. Presidene. A question of the sponsor.
PRESIDING OPFICER: (SENATOR DEMUZIO) Sponsor indicates she will yield. Senator Thomas Dunn.
Why Was Will County included in this?
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Geo-Karis.
It applies ko the collar counties under six hundred thousand populaeion, that's -- Will County, I think, comes under that classifàcation.
PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Dunn.
Is that the only reason?
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Geo-Karis.
Xes, and îf you help me get my bill discharged and you don't want it in, I have no objection.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dunn . A11 righk. Further discussionz If noty Senakor Geo-Karis may close.
Mr. President, you heard good reaEons to help me get this bill discharged. As sald, the Illinois Farm Bureau supports this bill, and its really unconscionable when people's homesteads - and older people can't fiqht back - are taken just beeause the eounty 29 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TKANSCRIPT 33rd Legislative Day May 22, 1989 board decldes to go ahead and offer condemnation whether anyone likes it or not. There should be negotiation. Condemnation should be used sparingly. And ask for a favorable vote to discharqe.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-xaris has moved to dischar:e the Committee on Local Government from further considerakion of Senate Bill 209. Those in favor Will voke Ayee those opposed: Nay. The voting is open. Have all voted who wish? Have a11 voted Who Wish? Have a11 voted Who wish? Have al1 voted who wish? Take the record. On khat question, the Ayes are 29, the Nays are 8, 5 voting >' Present. The Motion to Discharge fails. 210. Senator Geo-Karis. Senator Geo-Karis: 210? On the Order of Discharge Motions, Senate Bill 209: Madam Secretary. Read the moeion. Ifm sorry. 210.
I nove to suspend Senaee Rule 5c, and khat the Commikkee on Local Government be discharged from further consideration of Senate Bill 210, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senakor Ceo-Karis.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Karis.
Mr. President: tadies and Gentlemen of the Senate. have said it before, and 1'11 say it again: condemnation should be used sparingly. There should be negotiation. And When we have constant condemnatlon where people Who are in control of the county board just qo ahead and do it whether it's right or noty I think it shouldn't be done. This bill allows for a backdoor referendum in a condemnation of property by a forest preserve district. I urge your favorable consideration. It applies only in Kane, Lake and Will Counties.
PRESIDING OFFICER: (SENATOR DEMUZIO) 30 STATE 0P ILLINOIS 86th GENERhL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Is there discussion? Senator Eolmberg.
If I may just reiterate that this again is one that was assigned to subcommittee. Local Government really wanted to hear khese bills. We probably had.more correspondence on these, b0th for and against, than any other bill wefve had in a long, long kime. I would recommend that it not be discharged: beeause Senator Rarpiel has a bill in the sane subject area, and has amended another bill onto that already.
PRESIDING OFFICER: (SENATOR DEMUZIO) All ràght. Senator Geo-Karis may close.
I submit it is not on the same subject matter, and I ask for favorable consideration.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Earis has moved to discharge the Committee on Local Government from further consideration of Senate Bill 210. Those in favor will vote Ayev those opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted Who Wlsh? Have all voked who wish? Have all voted who Wish? Take the record. On tbat questione the Ayes are 31, the Nays are l0, votlng Present. The Motion to Discharge earries: and the billz Senaee Bill 210, will be placed on the Order of 2nd Reading. I beg your pardon. Senator Raica, for what purpose do you arise?
Mr. President, on a point of personal privilege: please.
PRSSIDING OFFICER: (SENATOR DEMUZIO) State your point.
Thank you, Mr. President and Ladies and Gentlemen of khe Senate. With us this afternoon we have children from the Pershing School kn my district and their chaperone, Marle Schàff. would 31 STATE OF ILLINOIS 86*h GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 like them to stand and be recognized, please.
PRESIDING OFFICER: (SENATOR DEMUZIO) Will our guests in khe gallery please rise and be recognized by the Senate. Welcome to Springfield. Motkon to Dksûharge Senate Bill 211, Madam Secretary.
I move to suspend Senate Rule 5cy and that the Committee on Local Government be dîscharged -- be discharged from further consideration of Senate Bill 211, and khat it be placed on khe Senate Calendar on the Order of 2nd Reading. Piled by Senator Geo-Karis.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Raris.
Mr. President, Ladies and Gentlemen of the Senate. This bill applies again to counties under three million. It requires that if litigation over the condemnation of property by a forest preserve district is dismissed for any reason, then the district must pay the defendant's court eosts, attorney's fees, and expenses of litiqation. I kant to call the attention to everyone here, the members of the forest preserve district in the counties of Kaner Lake and Wi11, are the same members who sik on the county board. I ask for your favorable consideration, because it's -- it's been, in the past, when a forest preserve district doesn't get the price they want, then they just drop ikr while in khe meankime kha: poor owner is stuck for tWo or three years' litigation, and the properties is attached atkacked and targeted, and don't think itls fair. And I ask for favorable consideration.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Holmberg.
32 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 331d Legkslatkve Day May 22. 1989 Thank you, Mr. President. I would just like to point outy again this was another subcommittee assignment, and *he Forest Preserve District of Dupage County did siqn in in opposition to the bill: as did the Lake County Porest Preserve District.
PRESIDING OFFICER: (SENATOR DEMUZIO) Fureher discussion? If -- Senator Geo-Karis, do you wish to close? Senaeor Geo-Karis.
Simply to say that the subcommittee was cancelled at your request, not at mine. And I ask for a favorable consideration.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Geo-Karis has moved to discharge khe Committee on Local Government from further consideration of Senate Bill 211. Those in favor Will vote Aye: those opposed, Nay. The voting is open. Have al1 voted Who wish? Have a11 voted who wish? Have all voted who wish? Take Ehe record. On that question, the Ayes are 30, the Nays are l2, 5 voting Present. The motion carries, and the -- Senate Bill 211 Will be placed on khe Order of 2nd Reading. 217. 227. Senator Priedland. On the Order of Senate -- Motions in Writing is Senate Bill 217. Beg your pardon - 227. Read the bill.
move to suspend Senate Rule 5c, and that the Committee on Transporkation be discharged from further consideration of Senate Bi1l 227, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Priedland.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Friedland.
Thank you, Mr Presldent and Ladies and Centlemen of the Senate. Senake Bill 227 would provide that fines collected for weight limit violations on township roads be returned to the 33 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 townships. Last session: Senakor Relly and I had identical leqislation that passed the Transportation Committee 13 to nothing, and overwhelnin:ly passed in the Senate, and became stymied in the House. And I'd urge your favorable consideration of this important measure.
PRESIDING OFFICER: (SSNATOR DEMUZIO) All right. Discussion? Senator Luft. All right. Discussion? If not, Senator Friedland has noved to discharge the Committee on Transportatàon from further consideration of Senake Bill 227. Those in favor Will vote Ayee those opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have al1 voted Who wish? Take the record. On that question, the Ayes are 38# the Nays are I beg your pardon. On that question, the Ayes are 39, the Nays are 5, 1 votin: Present. The motion carries, and Senate Bill 227 is discharged from committee and is ordered placed on the Order of 2nd Reading on the Calendar. Senate Bill 233. Senator Etheredge. On the Order of Discharge Motions, Senate Bill 233, Madam Secretary, please. 6ECRETARV HAWKER: I move to suspend all applicable Eules. and to discharqe Senate Committee on Elementary and Secondary Education from further consideration of Senate Bill 233, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Etheredqe. PRESIDING OFFICER) (SENATOR DEMUZIO) senator Etheredge.
Thank you, Mr. President, Ladles and Gentlemen of the senate. What khis bill seeks to do is to give the downstake school districts a longer period of time before filing their tax levy certifàcates. Right now, discussions are going on betveen the county officials and representatives of school boards, to see if 34 STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT ' 33rd Leçislatkve Day May 22, 1989 it would be practicable to delay the filing of these tax levy certificates to until the month of February. Riqht now, the deadline is the last Wednesday in December. So I would ask that you favorably consider this Discharge Motion, so thak those dlscussions can go forward in the hopes that we can find a -- an aqreement in regard to the delay of *he filing for these certificates. PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Discussion? Senator Holmberg. SENATOR BOLMBERG: Thank you, Mr. President. As far as ue ean telle kn the Elementary and Secondary Education Committee, you know, changing this one day looks to us like a vehicle bill. It's our understandin: that it is. It was introduced on behalf of the Local Educational Network of Dupages and since we don't know exactly what will eventually be used for, think it should remain in commiktee. PRESIDING OFFICER: (SENATOR DEMUZIO) (Machine cutoffl..adiscussion? If not, Senator Etheredge may close. SENATOR ETHEREDGE: Thank you, Mr. President. Senator Holmberg, thks is indeed a vehicle bill: and it will be used for the purpose that I described before. What we are trying to do is to see if agreement can be reached on a later date. I can assure you and the other Members of the senate that that is Ehe only -- purpose for Which this bill will be used. I would ask for your favorable consideration. PRESIDING QFFICER: (SENATOR DEMUZIO) Senator Etheredge has moved to diseharge the Committee on Elementary and Secondary Education from further consideration of Senate Bill 233. Those in favor will vote Aye, khose opposede Nay. The votinq is open. Have al1 voeed kho Wish? Have all 35 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 voted who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 32, the Nays are l0, 4 voting Present. The motion carries, and Senate Bill 233 is discharged from Committee on Elementary and Secondary Education, is ordered placed on the Calendar on the Order of 2nd Reading. Senate Bill 234. On the Order of Discharge Motions, on the motion with respect to Senate :ill 234, Madam Secretary .
move to suspend a1l applicable rules, and to discharqe the Senate Committee on Insurance, Pensions and Licensed Aetivities from further consideration of Senate Bill 234: and that the foregoin: bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Mahar.
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Mahar.
Thank you, Mr. President and Members. The purpose of this bill is to limit -- attempt to limit -- binge consumption of alcohol by restricting the ability of liquor licensees in the State of Illinois from offering free drink promotions. This bill is patterned after those thirteen other states, of Which thirteen other states have adopted, and it includes each of the recommendations offered by the 1984 rllinois DUI Task Force. I'd be happy to entertain any questions.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? senator D'Arco.
Thank you, Mr. President. What this bill tries to doz really, is to tell the retailer that he's got to :et specific prices for retail goods that he is selling at his establishment. Plus, if a retailer, and this is really the issue. The issue is not driving and drinking; that is not the issue at hand here. Everybody is - 36 STATE OF ILLINOIS 86th GENCRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22# 1989 against a person drinkinq too much, getting in his car, and causing some problem. We're a1l aqainst that: but that's not the issue. The issue is that this retailer can go out of business with this bill. This retailer needs incentives to stay kn business. Everybody in the retail industry is involved in the business of incentives. This hurts that man who is trying to make a living selling food: other merchandise, as kell as liquor, at a retail establishment. This is not the approach to stop the drunken -- drunken driving problem in Illinois. It's the Wrong approach. It hurts the small businessman, and we should oppose this motion.
PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? Senator Lechowkcz.
Thank you, Mr. President. totally agree with the previous speaker, but it does a liktle bit more than that. Ik also imposes, if a person is guilty, a Class B misdemeanor or six months or five hundred dollar fine. And I don't know about this gentleman's neighborhood, but in my neighborhood, if you're at an establàshment and people are sàtting around having a eocktail or two and watching a ball game, it's customary that the house may buy a drink, and unfortunately, under this bill, this would not be permissible. It says, ''No drinks may be served free of charge or at a price less than the reqular prtce.'l Besides imposing very strict restrictions on the individual who has a license to serve liquore it also provides a total restriction about enjoying his premises as his guest. I think this is a bad idea. I'm glad Ehis bill -- I'm sorry it should have been killed in committee, but We have the opportunity to do it here as Well. Thank you. PRESIDING OPFICERI (SENATOR DEMUZIO) Further discussion? If noty Senator Mahar may close.
37 STATE OP ILLINOIS 86th GENERAL ASSRMALX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22y 1989 Thank youw Mr. President, Menbers. Let me address just a couple of the criticisms offered by the previous speakers. First of ally for those of us who are also concerned about the undue regulations placed on business, I think it's interesting to note there is no opposition that has been stated from the State Chamber of Commerce, the Small Businessmen's Assoclation, the Retail Merchants of the State of Illinois. And the retailers, if this bill were to pass, those liquor licensees in our State may set Whatever price they wish. There is nokhing in here that indieates what price beer should be, mixed drànks should be, or any alcoholic beverage. They may do so. and in a free market place, they may survive if they provide the best quality service and the best product. As far as ehe concerns related to whether or not ''happy hoursr'' as this has been called: is related to -- there is a corrolation between happy hours and drunk driving, I would suggest there is. First of all - I already mentioned this - arey the DUI Task Force recommendations' which was also supported by the Illinois Retail Liquor Association; and number two, the statistics ehat we've rèeeived from the -- the Department of Transportation and their traffic surveys indicate that still, even today with all of our excellent laws and leadership and DUI legislation, that forty to forty-five percent of all accidents are still caused by alcohol, and interestingly enough, the percentage of about forty percent -- thirty-five, I am sorry thirky-five percent of those accidents occur durinq what traditionally is called ''The Happy Houre'l from four unEil nine: and *he most heavy preponderance of those days which khak occurs is on Wednesday and Priday nights. when happy hours are most ameable. I would suMgest to you that -- that I Would agree not only with the thirteen other states, but also the eleven communities in the State of Illinoisr two most recently in the last couple of months, who have adopted local happy hour ordinances, and I would ask for your most 38 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Eavorable roll call.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Mahar has moved to discharge the Committee on Insurance: Pensions, and Licensed Activàties from further consideration of Senake Bill 234. Those in favor will vote Aye, those opposed, Nay. The voting is open. Have a11 voted Who Wish? Have al1 voted who wish? Have all voted Who Wish? Take the reeord. On ehat questlon, the Ayes are 34, the Nays are 6, 3 voting Present. The motion carries, and Senate Bill 234 is discharqed from the Committee on Insurance END OP TAPE TAPE 2 Pensions and Licensed Activities and is ordered placed on the Order of 2nd Reading. Senate -- motion wikh respect to Senate Bill 235, Madam Secretary.
I nove to suspend a1l applicable rulesr and to discharge the Senate Committee on Elementary and Secondary Education from further eonsideration of Senate Bill 235, and that the foregoing bill be placed on the Calendar on the Order of 2nd Readinq. Filed by Senator Maieland.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland. SENATOR MAITLANDI Thank you very much, Mr. President, Members of the Senate. This is a concept that's been around here before, and has passed this Body. It simply says that -- that when a school dlstriet consolidation referenda is being held, that that question must 39 STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22z 1989 pass in all districts that are affected. And I would appreciate your support. PRESIDING OFPICER) (SENATOR DEMUZIO) Discussion? Senator Holmberg.
Thank you, Mr. President. This issue is one that has passed, has been vetoed. It's -- the issue of consolidation is one that has always been controversial and debate in a hearing, in committee, we believe is essential on a bill like this.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Maitland may close. All right. The question is, shall -- Senator Maitland has moved to diseharge the Committee on Elementary and Secondary Education from furkher consideration of Senate Bill 235. Those in favor will vote Aye, those opposed, Nay. The voting is open. Have all voted kho kish? Have all voted who Wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 28: the Nays are 10, 2 voting Present. The Motion to Discharge, with respect to Senate Bill 235, fails. 238. Senator Barkhausen. On the order of Motions to Discharge is Senate Bill 238, Madam Secretary.
I move to suspend a11 applicable rules, and to discharge *he Senate Committee on Finance and Credit Regulations from further consideration ok Senate Bill 238, and that the foreqoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senaeor Barkhausen.
Mr. President and Members, Senate Bill 238 is an administrakion bill from the Secretary of State's Office of a 40 STATE OF ILLINOIS 86*h GENERAL ASSEMBLï REGULAR SESSION SENATE TRANSCRIPT 33rd Legislattve Day May 22: 1989 nonrontroversial nature. It does two things. First: it pernits bank holdinq companies to organize under the Business Corporation Act With the Written consent from the Commissioner of Banks and Trusts. Secondly, it extends the civil immunity that we have prevàously granted under select circumstances to directors of not-for-profit corporations, to include those corporations that might be organized other than on the -- under the Illinois Noe-ror-profit Corporation Act. Ifd be happy eo answer any questions, and would otherwise ask for a favorable roll call.
PRESIDING OPPICER: (SENATOR D'ARCO) Senator Zito.
Thank you, Mr. President and Members. I rise in opposition to the motion by Senator Barkhausen, for several reasons. He is correct in saying that the Secretary of Skate had introduced this legislation, but it is our understanding that there are further amendments to this legislation which we haven'k seen. Alsoz I think we should bring to the attentton of the Membership thae bank groups may very Well be opposed to this legislation: due to the fact that the bank holding companies that Senator Barkhausen spoke of can now file under the Bank Corporation Act, without approval of the Commissioner. I think that these groups and individuals deserve at least an opportunity to express their views in a public hearing. It also may be used, Ladies and Gentlemen, as a vehicle for corporation takeovers. If that's the case, I think thatz too, deserves a public hearinq, and We also have a bill on that subject that's out on the Calendar, Senate Bi11 1217. So for those three reasonsy I urge, at least Members on this side, to strongly oppose the motion by Senator Barkhausen to dàscharqe.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Barkhausen moves to discharge the Committee on Pinance and Credit Regulation -- sorry. Senator Barkhausen, to close. 41 STATS 0F ILLINOIS 86th GENRPAL ASSEMBLX REGULAR SZSSIQN SENATE TRANSCRIPT 33rd Legislative Day May 22F 1989
If I could just say in closing: I -- as Senator Zito Was speaking, I had a representative of the Seeretary of State 's Office whispering in my ear that any amendment that they were considering for this bill is apparently going on Senator Luft 's Senate Bill 237, so he doesn't need to worry about this being a vehicle for further Secretary of State amendments. And With that, I Would simply renew my motion for a favorable roll call.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Barkhausen moves to discharge the Committee on Finance and Credit Regulations from further consideration of Senate Bill 238. All those in favor, vote Aye. Al1 those opposed, vote Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 30 voting Aye, 16 voting Nay, l voting Present. And the motion carries and Senate Bill 238 is discharged from the Committee on Pinance and Credit Regulation: and is ordered placed on the Calendar on the Order of 2nd Reading. Senate Bill 239. Senator Barkhausen. Read Ehe bill, Madam Secreeary.
I move to suspend all applicable rules: and eo discharge the Senate Committee on Finance and Credik Regulations from further consideraeion of Senate Bill 239, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFPICER: (SENATOR D'ARCO) Senator Barkhausen.
Mr. President and Members, Senate Bill 239 is the first of several that I have today -- which I ask your indulgence and your support. There are eight to ten bills on this list today that are 42 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33r4 Legkslatkve Day May 22, 1989 recommendations of the National Conference on Uniform State Laws, of which I and eight other appointees for the legislative leaders, and five by the Governor, are menbers. Some of this is fairly technical stuff, but I donft think that any of it should be terribly controversial. This first ones Senate Bi11 239, is actually something that we've passed before unanimously. It creates the Uniform Pederal Lien Regiotration Act: which We had already done kn part, kn that we now require the registration of -- of federal liens affecting real properky, but this goes beyond that to require the registration of liens also lying against personal property. In addition to that, as this bill had been amended last year, so, too, this has an additional provision thak resolves a ongoing dispute of sorts between the title companies and the Department of Revenue, and ik provides for the creation of trust funds ànto which proceeds can be put to satisfy tax liens owed to the Illinois Department of Revenue. As I say, We have passed this before, and I again ask for your support of the bill.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Zito.
Thank you, Mr. President, Members. Once again I rise in opposition to the motion by Senator Barkhausen. It's correct that he said the bill is identical to a bill khat we had last year, in the lase General Assembly, Senate Bill 2136, and never followed through on any actkon. There Was opposktion, and the bill never went anywhere. Currently the IRS files a11 notices of federal *ax liens with the recorder of the county ln Which the property is located. NoW the intention of this amendment is to the Insuranee Code is to permit real estate closingu to continue, despite the existence of a Department of Revenue lien. Finallyy I think that the bill should not have been assigned to Finance; it Ehould have probably been assi:ned to Revenue. I just thknk 43 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 there is a number of problems with the bill. We heard it once before, it didn't go anywhere: and I would ask Members to vote No on this motion.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Lechowicz.
I would just like to point out, Mr. President, to the Membership of the Body, that this is one of forty-four Motions to Discharge by Senator Barkhausen that's on our agenda for today. It's not just a few - there are forty-four motionsp and I am sure if we each filed the same number of motions, we'd probably have about tWenty-five hundred motions to be dealing with, so this is not one of a few - ik's one of forty-four. Thank you.
PRESIDING OFPICER: (SENATOR D'ARCO) Senator Barkhausen, to close.
Mr. President and Members, the action last year on Senate Bill 2136 Was unanimously favorable; it also passed the House. There was an amendatory veko on a very teehnical aspect of tbe bkll, dealing not with the Uniform Act provlsions' but with the provision for the title escrow funds for the Department of Revenue, and only because of inaction in the House on that amendatory veto did this fail to become law, and I simply ask for your support of it at this point.
PRESIDING OFPICER: (SENATOR D'ARCO) Senator Barkhausen moves to discharge khe Commietee on Finance and credit Regulation from further consideration of Senate Bill 239. All in favor vote Aye. All opposed, vote Nay. The voking is open. Have 411 voted kho wish? Have all voted who wish? Have all voted who wish? Take ehe record. The motion carrkes. On that question, there are 30 Ayes, 14 Nays, l voting Present. The motion carries, and Senate Bill 239 is discharged from the 44 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SCSSION SENATE TRANSCRIPT 33rd Legislative Day May 22: 1989 Committee on Finance and Credit Regulation, and is ordered placed qk on the Calendar on the Order of 2nd Reading. Senate Bill 240. Senator Watson. Read the bill, Madam Secretary.
I move to suspend Senate Rule 5c: and that the Com ittee on Revenue be discharged fron further constderation of Senate Bill 240, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Watson.
PRESIDING OFFICER : (SENATOR D'ARCO) Senator Watson .
Thank youy Mr. President. This particular piece of legislation simply expands the nunber of enterprise zones in khis State from, currently, sixtyseven. to seventy-four. We statutorily limit the number of enterprise zones that Will be established in this State, and this increases it by seven. don't know if youdre aware, thouqh most of you should be aware, of the impact that the enterprise zone concept has had on the economic development in most of our communities. If youtre fortunate enough to have an enterprise zone in your particular district, you'll -- you understand what I'm talkin: about. have three ln my legislative district, and it has had an immense success in those communities in regard to trying to attract industry and jobs. And in my community. as it is in most of downstate Illinois, we're having real problem in attracting industry. This provides the local communities an incentive by which to bring jobs and industry for the people of their particular area. I Would hope that most of youe at least Ehirty of you, will agree with me and support this legislation and this motion. Thank you.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Netsch . 45 STATE 0F ILLINOIS 86th GENERAL ASSRMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislakive Day May 22, 1989
Thank you, Mr. President. guess I don't feel passionately about khis bill, one Way or the other. I would point out a couple of factors, however. One is that, as Senator Watson indicated, it kncreases the number of enterprise zones from sixty-seven to seventy-four, and guess I Would say again, as I have said a couple of times in recent years, why don't we stop going throuqh this game every session - aotually every year of every session - and simply make the entire Seate an enterprise zone, because we are fast approaching that. The thing that bothers me about it, is that while I think there is no question that it has been helpful in some areas, we -- as with nost of our programs, we don't stop and go back and look and see whether it really makes sense or What adjustments ought to be made to it to make it work more effectively. Instead, we just keep kncreasing the number of enterprise zones every year. I would make one other point to Senator Watson, and I made this point in eommittee - if you had been there to hear it - with respect to khis bill and one or two others. We had a lot of fairly technical peripheral bills dealing with the enterprise zone concept. My feeling Wàs that if we are goin: to do our committee work Well, that they really all ought to be part of the same piece of legislaeion. There is a bill on the Floor that deals with enterprise zones, and I would just strongly urge that you - and I think Senator Woodyard had a couple of enterprise zone bills - that you locate that bill and see if ik couldn't a11 be put together: so we at least know what we are doing with respect to that subject before the end of the Session.
PRESIDING OFPICER: (SENATOR D'ARCO) Senator O'Daniel.
Tbank you, Mr. President and Members of the Senatev rise in 46 STATB 0F ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslatkze Day May 22: 1989 support of this motion. It's pretty hard Eor me to disaqree with my very gracious chairlady, but I can cite you a feW examples in my diskrict, and I have six enterprise zones. The City of Mk. Vernon wouldn't have had the expansion in General Tire. Walgreen wouldn't be locating the midwest area distribution center. These things are really vital if wedre going ko be competitive in attracting industry and keeping industry into our area. A 1ot of people try to argue that it takes away revenue. That's not Urue. All an enterprise zone does is give business a little time to recoup their investnent before they put them on a tax roll, and what we've got to remember is it puts a lot of people to work, and when khey qo to spending money in the community, that's khat makes it al1 happen. And I think this is a very good piece of legislakion, and I rise in support of it.
PRESIDING OPFICER: (SENATOR D'ARCO) Senator Watson, to close.
Yes, thank you, Mr. President. I appreciate the previous speaker's comments. I believe his district: and others of us in downstate, realize khe importance of enterprise zones. Senator Netsch, you commented that if I1d have been in committee was in committee. And if you recall, this bill was heard in committee, I had a mayor from my district who came up and spoke in behalf of the legislation, Senator Netsch, and it was your deckskon at that particular time not to take a roll call and a vote on the issue. I was ready and there and prepared to have that blll voted on. Unforeunatelye that was your decision. So don'e -- in regard to providing the whole State be an enterprise zone, take some excepeion to that, because what happens is the communieies must eompetee and they send in appllcations to the Department of Commerce and Community Affakzs before they are dedicated as an enterprise zone. There has to be some need 47 STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 locally. There's sone communities, honestly, in this Stake, that don't need that incentive or donlt need the jobs necessarily that are needed in many others. So this has been a qood khiné for most of the areas kn the State: and I thlnk kt's a good tbing that needs to be supported here today, and I hope you will vote Yes. Thank you.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Watson moves to discharge the Committee on Revenue from further consideration of Senate Bill 240. All those in favor, vote Aye. All those opposedy vote Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, ehere are 41 votkng ïes, 4 voting Nay, l vokinq Present. And the motion carries, and Senate Bill 240 is discharged from the Committee on Revenue, and is ordered placed on the Calendar on the Order of 2nd Readinq. Top of Paqe 6l. Senate Bill 253. Senator Raica. Read the bill, Madam Secretary.
I move to suspend a1l applicable rules, and to discharge the Senate Commitkee on Judiciary from further consideration of Senate Bkl1 253, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Raàca. PRESIDING OFPICERZ (SENATOR D'ARCO) Senator Raica.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This amends the Marriage and Dissolution of Marriage Aet with respect to the medical examination required to obtain a marrlage license. changes the wording of ehe examining physician's certificake to read that he certifies the test for syphilis did not indicate the ackive presence öf syphilis, rather than he believes that the examinee may enter into the marriaqe 48 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22e 1989 without danger of transmitting syphilis to the other parky or to any issue of the marriage. And a1l it does is that the physician -- is saying that at thàs time, when *he test was taken, that khe -- that there was no syphills present, and not that in two years or three years within the marriage that one of them may have obtained syphilis. And am just asking for a favorable roll call.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Fawell.
Thank you very much. As much as I think the sponsor is a good sponsor, I am going to rise in opposition to this bill. You know . they canft -- the Medical Society can't have it b0th ways. They are saying that they Want us to save millions and nillions of dollars -- and therefore, qet rid of the AIDS test, and yet, at the same time, they want us to continue the syphilis tesk. NoW there Were twenty eight cases of AIDS that were discovered àn the premarital tests, and fourteen cases of syphilis discovered. If we're going to do this, let's do Let's get rid of khe whole thing or quit playing qames. I Would suggest a No vote on khis.
PRESIDING OFPICCR: (SENATOR D'ARCO) Senator Zito. SENATOR ZIT0: Yes, thank you, Mr. President. I am sorry to speak, but Senator Fawell spoke last Week on the same issue. I rise in support of the motion, and I can't believey Senator Pawell, that you Would object to us takinq a test of someEhing at least we have a cure for. We sit around here and pass leqislation conskantly about teseing for AIDS, and no one's more concerned about the AIDS testing than I am, but at leasE we have a cure for khis. And now to prohibit the testin: of this at the time of a marriage is just totally ridiculous, and I wish the conversation Would cease. 49 STATE OF ILLINOIS 86th GENCRAL ASSEMBLI REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22: 1989
TRESIDING OPPICER: (SENATOR D'ARCO) All right. Senator Raica to -- I'm sorry. Senator Tom Dunn.
Thank you, Mr. President. Would the sponsor yield?
PRESIDING OPFICER: (SENATOR D'ARCO) He indicates he will yield.
What is the origin of this legislation? PRESIDING OPPICER: ISENATOR D'ARQQ) Senator Raica.
It was brought up by the Med Society.
PRESIDING OPPICER: (SENATOR D'ARCO) Senator Dunn.
What is its purpose?
PRESIDING OPFICER: (SENATOR D'ARCO) Senator Raica.
Al1 -- all they want is changing the way it is currently stated nowe and they want to have it read that -- that the test for sypbilis did not: at the time the test was taken - eikher the male or the female did not have syphilis - instead of reading that they can enter into the marriage without the dan:er of transmittinq syphilis: because there is an incubation period, and it could be anywhere from one year to tWo yearG.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Tom Dunn.
Wellr there is no guarankee on there by the physician, the examinin: physician that he is guaranteeing thak someone won't pass on the disease, is there - in the original certificate? 50 STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 33rd Legislative Day May 22: 1989
PRESIDING OFPICER: (SENATOR D'ARCO) Senator Raica.
I guess'the Way the original, ehe way the original certificate is worded, you could -- at that -- some point hold the physician accountable for it, because it says enter without the danger of transmitting, and *e don't know whether that's possible, you knowy With two to khree years down the road.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Tom Dunn.
Has that happened?
PRESIDING OPFICER: (SENATOR D'ARCO) Senator --
I donlt have an answer. T don't know.
PRESIDING OPPICER: (SENATOR D'ARCO) Al1 right. Senator Raicag to close.
I am just asking for everybody's support on a piece of legislation.
PRESIDING OFPICER: (SENATOR D'ARCO) All right. Senator Raica moves to discharge the Committee on Revenue from further consideration of Senate Bill 2-5-3. A11 those in favor, vote Aye. A11 those opposed, vote Nay. The voting is open. Have al1 voEed who Wish? Have a11 voted who wish? Have all voted who wlsh? Take the record. On that question, there are 37 Ayes, 7 Nayse none vottng Present, and Senate Bill 2-5-3 -- khe motion carries, and Senate Bill 2-5-3 is discharged Crom the Committee on Judiciary, and is ordered placed on the Calendar on khe order of 2nd Readinq. Senate Bill 258. Senator Schaffer. Read the bill. Madam Secretary. 51 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989
move to suspend Senate Rule 5c. and that the Special Temporary Committee on Elections and Reapportionment be discharged from further consideration of Senate Bill 258, and that it be placed on the Senaee Calendar on the Order of 2nd Reading. Filed by Senator Schaffer.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Schaffer.
Mr. Presidene, Members of the Senate: Senate Bill 258, which is sponsored by myself and Senator Demuzio, is a bill that has passed out of this Chamber previously: I think virtually unanimously, and ran into problems in the House. It simply would allow a county chairman to appoint a - this is doWnstate only - to appoint a precinct committeeman from with -- outside the precinct but within the county, but it prohibits khat appoinkment from the kime of filing till the time of the county convention, so it couldn't be used to pack a county eonvention and influence the election or reelection of a county chairman. The simple fact is that both political parties - and I miqhk add this bill has the active support of the Republiean State Chairman as the Democratic State Chairman is a hyphenated co-sponsor - the simple fact is thak bokh parties have problems fillin: precinct committeeman vaeancies downstate, and this bill Would give them the flexibility ko maximize volunteer political participation, and I think would strengthen the two-party system and affeet both political parties in an advantageous manner. And I think ik should be sent forward.
PRESIDING OFFICER: (SENATOR D'ARCO) All rlqht. Any discussion? If notw Senakor Schaffer moves to discharge the Committee on Elections and Reapportionment from further consàderation of Senate Bill 2-5-8. The voting is open. A1l those in favor, vote Aye. A11 those opp/sed, vote Nay. The 52 STATE OF ILLINOIS 86th CENEDAT.ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 votinq is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On khat question, there are 46 Yeas, l voting Nay, none voting Present. The motàon earries, and Senate Bill 2-5-8 is discharged from the Committee on Elections and Reapportionment, and placed on the Calendar on the Order of 2nd Reading. Senate Bill 265. Senator Schaffer. Read the bill, Madam Secretary.
I move to suspend Senate Rule 5c, and that the Committee on Transportation be discharged from further consideration of Senate Bill 2-6-5, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Schaffer.
PRESIDING OFPICER: (SENATOR D'ARCO) Senator Schaffer.
Mr. President, Members of the Senate: this bill is proposed by the Lake County Board. Itds part of their leqislative package. And what it simply does would allow a highway authority - in this case a township or eounty auehority - to convey interest in a vacated highway to a bona fide organization of property owners or a subdivision association. For those of you familiar with the Chain O'Lakes area, you know that we have a plethora of little subdivision road associations, and occasionally we have township or county roads that inkeract with those, that the county or township would more logically like to see in the hands of the subdlvision associatkon. Both the Township Officials of Illinois and the County Highway Superintendents Association support the bill, and it's speciflcally designed to solve some small problems in the Chain O'Lakes area of Lake County.
PRESIDING OFFICER: (SENATOR D'ARCO) All right. Any discussion? If not, Senaeor Schaffer moves to discharge the Committee on Transportation from further 53 STATZ QP ILLINOIS 86th GENERAL ASSEMRLV REGDLAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22: 1989 consideration of Senate Bill 2-6-5. A1l those in -- vokin: -- a11 those in favor, vote Aye. All those opposed, vote Nay. The votinq is open. Have a11 voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 43 ïeas, no Nays, l voting Present. The motion carries, and Senate Bill 2-6-5 is discharqed from the Committee on Transportaeion, and placed on the Order of the Calendar on the Order of 2nd Reading. Senate Bill 269. Senator DeAngelis. Read the bills Madam Secretary.
I move to suspend Senate Rule 5c, and that the Committee on Executive be discharged from further consideration of Senate Bill 269, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator DeAngelis.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator DeAngelis.
Thank you, Mr. President. Senate Bill 2-6-9 increases the number of the members of the Cook County Sheriff's Merit Board from three to five. Kost of you know that that board is the board that's responsible for the classification of a11 deputy sheriffs and employees of the County Department of Corrections. We passed this bill almost unanimously the last time. The menbers of the board are appointed by the sheriff With the advice and consent of the county board. In additional to that, no more khan three of the five members can be members of one party. I urge your support for the Discharge Motion on Senate Bill 269.
PRESIDING OFFICER: (SENATOR D'ARCO) Any discussàon? If not, Senator DeAngelis moves to discharge the Committee on Executive from further consideration of Senate Bill 2-6-9. A11 those in favore vote Aye. A1l those opposed, vote Nay. The votin: is open. Have al1 voted who wish? Have al1 54 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 334d Legislative Day May 22, 1989 voted Who wish? Have all voted who wish? Take the record. On that question, there are 38 Yeasy Nays, none voting Present. The motion carries, and Senate Bill 2-6-9 is discharged from the Committee on Executive, and is ordered placed on the Calendar on the Order of 2nd Reading. Senate Bill 2-8-3. Senator Ekheredge. Read the bille Madam Secretary.
I move to suspend all applicable rules, and to discharge the Senate Committee on Appropriations 11 from further eonsideration of Senate Bill 283, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Etheredge.
PRESIDING OFFICER: (SENATQR D'ARCO) Senator Etheredge.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the bill that establishes the maximum grant award for the Illinois State Scholarship Commission. I would ask for your favorable consideration.
PRSSIDING OPFICER: (SENATOR D'ARCO) Any discussion; If noe: Senator Etheredge moves to discharge the Committee on Appropriatlons 11 from further consideration of Senate Bill 2-8-3. A11 those in favor, vote Aye. All those opposed, vote Nay. The voting is open. Have al1 voked who wish? Have a11 voted who wish? Have al1 voted Who wish? Take the record. On that question, there are 43 Yeas, 3 Nays, none votinq Present. The motion carries, and Senate Bill 2-8-3 is discharged from the committee on Appropriations 11 and is ordered placed on the Calendar on the Order of 2nd Reading. Senate B111 2-8-7.
I move to suspend all applicable rules: and to discharge the Senate Committee on Appropriations 11 from further consideration of Senate Bill 2-8-7, and that the foregoing bill be placed on the 55 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Calendar on the Order of 2nd Reading. Filed by Senator Etheredge. PRESIDING OFFICER; (SENATOR LUFT) Senator Etheredge.
Thank you. Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the raee bill for the community colleges. It establishes the rates for reimbursement per credit hour.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Dlscusslon? If not, Senator Etheredqe moves eo discharge the Committee on Appropriations 11 on Senate Bill 287. Those in favor signify -- or Will vote Aye. Those will vote Nay. The voting is open. Have all voted who wish? Have al1 voted Who wish? Have al1 voted who wish? Take the record, please, Madam Secretary. On that quesEion: the Ayes are 50, none voting Nay, the Presents are none. And the motion to discharge Appropriations 11 Committee on Senate Bill 257 <sic> carries. The middle of Page sixty-one on the Motions in Writing to Discharge Senate Bi11 296. Senator Kustra. Read the bill: please: Madam Seeretary.
move to suspend Senate Rule 5c# and that the Committee on Judiciary be discharged from further eonsideration of Senake Bil1 296, and that it be plaeed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Kustra.
PRESIDING OFFICER: (SENATOR LUFT) Senator Kustra.
Thank your Mr. President and Members of the Senate. This is a bill that arose out of the Cecilia Florez case. It received quite a bit of nokoriety aeross the State. It's the case of the little girl who was so severely beaten by her mother that thirteen bones were broken, and her mother Was sentenced to the penitentiary. 56 STATE OF ILLINOIS 86th GENERAL ASSEM:LY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 She Eerved, and upon beinq released, was qiven custody of the child. In the meantimey the child had been placed in custody of some foster parents, who wanted to keep her and make her part of their family. This bill -- the bill addresses the issue by krying to limit the discretion which courts and agencies, such as the Department of Children and Family Services, have in cases like this. Right now in the State of Illinois, you can -- there is a procedure which allows for the termlnation of parental rights when there have been two or more findings of physical abuse. There is no Statute on the books rigbt now khat provide or require the Department to file a petition for termination of parental rights when a parent has been convicted of aggravated battery on their own ahild, and that's basically khat this law is intended eo do. I know of no opposition eo it. The Department of Children and Family Services stands neutral, because they are embarrassed over the fact ehat this could even happen, and I Would ask for your favorable eonsideration.
PRESIDING OFFICER: (SENATOR LDFT) Discussion? Discussion? If not, Senator Kustra moves to discharge the Committee on Judiciary from furkher consideration of Senake Bill 296. A11 those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have all voted Who wish? Have all voted who wioh? Take the reeorde please, Mr. Secretary. On that question, the Ayes are 49p the Nays are nonee none voting Present. and the motion carries. Senate Bill 296 is discharged from *he Committee on Judiciary and is placed on the Calendar on the Order of 2nd Reading. On the Order of Motions in Writàng is Senake Btl1 312. Eenakor Keats. Read the blll, please, Mr. Secretary.
ACTINC SECRETARY: (MR. HAQPY) I move to suspend al1 applicable rulesz and to discharge the Senate Committee on Judiciary from further consideration of Senate 57 STATE OP ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Bill 312, and that khe foregoin: bill be placed on the Calendar on the Order of 2nd Reading. Signed, Senator Xeats.
PRESIDING OFFICER: (SENATOR LUFT) Senator Keats.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill has no known opposition. It's a small business bill. To explain it, if you 're an employee, you have certain protections in a bankruptcy action for garnishment, Wage deductions, et cetera, aqainst your pension and your retirement plan; but if you are self-employedz you don't have these same protections. A1l this says for a small businessperson, if they are self-employed, they Will have the same protectàon rights in a bankruptcy proceeding that an employee would have: and khae's all it does. It's strietly geared towards small business people, and Iêd appreciate your support.
PRESIDING OFFIPER: (SENATOR LDFT) Discussion? Senator Thomas Dunn.
Thank you, Mr. Presldent. Wil1 the sponsor yield?
PRESIDING OFFICER: (SENATOR LUFT) He indicates he Will yield.
Will there be any amendments to khis bill?
PRESIDING OFFICER: (SENATOR LUFT) SenaEor Keats.
Certainly none that I know of. I would not accept anything major. The bill is really just trying to shift khis powerv and I would say no amendment, unless there is a kechnical one. That's no problem.
PRESIDING OFFICER: (SENATOR LUFT) 58 STATE OF ILLINOIS 86th CENEKAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senator Dunn.
Thank you, Mr. President. I rise in opposition. I think this is a perfect example of a bill that should have gone through the committee process, and I would point out to my colleagues thak al1 civil procedure bills go to subcommittee in our committee, and then are recommended to the commkttee, so I would urge a No vote on this.
PRESIDING OFFICER: (SENATOR LUFT) Further dlscussion? Senator Lechowicz.
Well, just to eorrect the record, Mr. Presldent and Ladies and Gentlemen of the Senate, I received a notice from the Illinois Trial Lawyers that there is strong opposktion to this bill, and the Motion to Discharge: because supposedly lt broadens the exempted assets from debtors for rent and bankruptcy as well. And I would take issue to the fact that *he gentleman says there is no known opposition. am sure àf they notified me, they notified everybody else as wellp and Ifd just like to make khe record straighe. Thank you.
PRESIDING OFFICER: (SENATOR LUFT) Purther discussion? Senator D'Arco.
Mr....Mr. President: this may look like an innocent bill, but in fact, this bill is -- ie could be used to protect the wealthyr self-employed person in our society. Now What this bill says is that a doctor who has a biq healthy pension funde a big, healthy IRA: or a lawyer who has a big, healthy IRA, or any self-employed person is exempt from creditors. A creditor cantt garnish khat account, even though he is owed money from this self-employed Person, under this bill. We don lt Want to do that; that's not what we should be about. An employee's pension fund is a 59 STATE OF ILLINOIS 86th CENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 different situation, and there are reasons to protect that fund against garnisbment. This is no* what that is a11 abouk; this is for the self-employed :uy that has an IRA, that has it fundede and Wants to be protected against his creditors. This is a bad idea, and we should oppose this motion.
PRESIDING OPPICER: (SENATOR LUPT) Further discussion? Senator Welch.
Thank you, Mr. President. I would just point out that from the analysise it appears that this Would also protect assets from child support orders. If there is a judgment for back-due child support: you wouldn't be able to enforce this, under this provision, so I would urge a No vote as well.
PRESIDING OFFICER: (SENATQR LUFT) Further discussion? Senator Keaks, you wish to close?
The bill cane from a trial lawyer. I never got any letter aqainst it. That's what happens when you trust a trial lawyer. Let me read you what this bill does again. I appreciate What they are saying. but 1et me read you what it does again, because we 're talkin: apples and this bill is oranges. If you are an employee: if you work for a company, you have certain prokections under a bankruptcy actiony deals with qarnishmentz Wage deductions, et cetera. You're protected, your pension fund, your retirement fund et cetera, but if you work for yourself, you don't have those same protectàons. It also gives you proEecklong on account of illness: disability, death, age, or length of service, to the extene necessaty that makches whak an employee would get. That's all the bill does. Somehok I've caught on somekhing I -- looks controversàal. Ild appreciate a favorable roll call.
PRESIDING OPPICER: (SENATOR LUPT) A1l right. Senakor Keats moves to diEcharge the Committee on 60 STATE OP ILLINOIS 86th GBNENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leoislative Day May 22, 1989 Judiciary from further consideration of Senate Bill 312. All those in favor Will vote Aye. Those opposed, Nay. The voting is open. All voted who wish? Have al1 voted Who wish? Have a11 voted who wish? Take the record, pleasee Mr. Secretary. On that question, the Ayes are 27, the Nays are 22, none voting Presenk: and the motion fails. On the Order of Mokions in Writing, in the middle of Page 61, is Senate Bill 318. Senator Keats. That's out of the record. On the Order of Motions in Writing: Senate Bill 321. Senator Keats. Read the bill, please -- or the motion, please: Mr. Secretary.
ACTING SECRETARY: (MR. HAQRY) I move to suspend all applicable rules, and to discharge ehe Senate Committee on Public Hea1th, Welfare and Corrections from further consideration of Senate Bill 321, and that the foregoing bill be placed on khe Calendar on the order of 2nd Reading.
PRESIDING OPFICER: (SENATOR LUPT) Senator Keats.
This bill comes from the Juvenile Court of Cook County and from the staff there. It's not my own personal bill, and I have submitked to everybody here a copy of a letter from Judge Arthur M. Hamilton, who sone of you know is the Presiding Judge of the Juvenile Court of Cook County. What the bill does - actually: should say the counselors who work for Judge Hamilton and the judges themselves have come up with this idea. They're Working with -- basically with unwed Eeenage mothers, and Whak do you try and do to maintain family structure, help the child as best you can. And so what the bill does is say if you are underage, your AFDC check doesnlt go to you so you move on to an apartment so you have a justifàcation to become pregnane and get out of the house. This goes to your family, whoever the head of your household is. There was one thing left out of the bill that would deal With 61 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 4 33rd Legislative Day May 22, 1989 emancipated minors, ek cetera. That amendment is drafted for 2nd Reading, and that was requested by Judge Hamilton himself, but I had no chance to amend the bill on khae. But as I say, this comes from the Juvenile Court of Cook County, and I kould appreciate your favorable --
PRESIDING OFFICER: (SENATOR LUFT) Dlscussion? Discussion? Senator Smith.
Thank you, Mr. President, Ladies and Gentlemen of tbe Senate. To my colleague: Senakor Keaksy this is a bad bill. This bill is written in violation to the federal law; the Department of Public Aid opposes the bill and has rules, requlations that address the issues in the bill; and several welfare advocate qroups oppose the bill: and would really love to have had the opportunity to teGtify on this bill. And those you Were kalkin: aboue an amendmentz those who opponent have never been able to see an amendment. So I say that we vote against this piece of legislation.
PRSSIDING OFFICER: (SENATOR LUPT) Further discussàon? Senator Keats, you Wish to close?
If I could correct one of the statements. The new Federal Family Support Act does specifically okay this, and again, it can't be eoo far against the law. It comes from khe presiding judge and khe staff of the Juvenile Court of Cook County. Ifd appreciate your vote.
PRESIDING OFFICER: (SENATOR LUFT) Senator Keats moves to discharqe the Commitkee on Public Healthe Welfare and Corrections from further consideration of Senate Bill 321. All those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who Wish? Have a1l voeed who wish? Have all voted Who wish? Take the record, please, Mr. Secretary. on that questione the Kyes are 3Q, 62 STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 the Nays are l7, 2 voting Present, and the mokion carries. Senate Bill 32l is discharged from the Committee on Public Hea1th, Welfare and Committee and placed on Ehe Calendar on the Order of 2nd Reading. On the Order of Motions in I am sorry. A1l right. Senator Smith has asked for a verification of thev.gtmaehine cutoffl... If everybody wil1 be in your seats, Senator Smith has asked for a verification of those who voted in favor of the motion on Senate 3ill 321. Would you please read the roll calle please, Mr. --
ACTING SECRETARY: (MR. HARRY) The folkowing voted in the affirmativek Barkhauseng Davkdsony DeAngells: Donahuee Dudycz, Ralph Dunn: Etheredge, Fawell, Friedland: Geo-Karis, Hawkinsony Hudson: J.E. Joyce, Karpiel, Keats: Kustra: Macdonald, Madàgan, Mahar: Maitland: Philipz Raicae Rigney, Savickas, Schafferz Schuneman, Topinka, Watson, Weaver and Woodyard. PRESIDING OFFICER: (SENATOR LUFTI Senakor Smith, do you have any questions?
Yes. Where -- Pawell.
PRESIDING OFFICER: (SENATOR LDFT) Senator Pawell? Ghe's over here on our skde.
Senator Donahue.
PRESIDING OFFICER: (SENATOR LDFT) Senator Donahue? Senator Donahue is in the back.
Senator Watson.
PRESIDING OPFICER: (SENATOR LUFT) Senator Watson? Senator Watson is in the back.
A1l right. Thank you, sir. 63 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislatkve Day May 22, 1989 PRESIDING OFFICER: (SENATOR LUPT) Al1 right. The roll has been verified. There were 30 Yeas, 17 Nays, 2 voting Present, and the motion carries. I'm sorry. The Motion to Discharge Senate Bill 32l from further consb ideration of Public Health, Welfare and Corrections Commitkee -- it carries, and the bill will be placed on the Order of 2nd Reading. On the Order of Motions in Writin: is Senate Bill 322. Senakor Keats. 323. Senator' Keats. Out of the record. 324. , U' Senator Keats. Out of the record. At the bottom of page, Motions in Writing, is Senate Bill 325. Senator Keats. Senator Keats. SENATOR KEATS: * Thank you, Mr. President. 'his bill extends a little -- PRESIDING OFFICER: (SENATOR LUPT) Ilm sorry. I'm sorry. ACTING SECRETARX: (MR. NAKRY) I move to suspend a11 applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 325, and that the foregoing bill be placed on the Calendar on tbe Order of 2nd Reading. Siqned by Senator Keaes. PRESIDING OFFICER: (SENATOR LUFT) Senator Keats. SENATOR KEATS: Thank your Mr. Presidenk. What this bill, in reality, does is extends the next logical step beyond a bill Senator Savickas passed a couple of years agoz in eerms of allowin: small businesses to represent themselves. This, by Statute, sets up the Small Claims Court. It exists today, but this has to set it up by Statute. That is not the major version of the bllly but it raises the maximum to ten thousand dollars in the Small Claims Court, instead of twenty-five hundred. It also Would also allow corporations to defend themselves in fronk of the casee and also would ban attorneys in the Small Claims Court. This change would 64 STATE OF ILLINOIS 86th GENERAL ASSAMRLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslatkve Day May 22, 1989 be very helpful to small buskness, and I would appreciate your favorable vote.
PRESIDINC OFFICER: (SENATOR LDFT) Dlscussion? Senator Weleh.
This is incredible. This is unconstitutional, to begin wikh. Secondly, you are telling a person they cannot hire a lawyer to appear in court? HoW can you justify taking away a constitutional riqht to be having a day in court before a jury? It's basically meaningless, if a person has a riqht to be in court but ean't be represented by somebody who knows what they are dolng. Now this lawyer-bashing is kind of getting out of hand, Senator. I think that, you know, that's a1l this is. Obviously: the Illinois Supreme Court is going to declare this unconstitutional as well, because the Illinois Constitution says they set up the courts. This is basically a waste of time.
PRESIDING OFFICER: (SENATOR LDFT) Further discussion? Senator D îArco.
Thank you, Mr. President. What We should do here probably. and what we haven't done - and there should be bills to address the problem in Small Claims - is to creake an arbitration panel that deals with Small Claims. I mean, everybody is leaning in that direction. I think the judges are leaning in that direetion. Here you're talkin: about people Who have a claim of ten thousand or less. Thak's a 1o* of money - ten thousand dollars. Nov: the person goes into court, and seeking that kind of money, may wank to be represented by a lawyer. I'm not sayknq he has to be represented, bu* een thousand dollars, to a 1ot of people, is a lot of money, and he wants to protect himself in that situation. He may be able to hire an attorney for five hundred dollars to represent him in that situation. I think it's unworkable, and I 65 STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 just think maybe you should take it out of the reeord.
PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Senator Dunn.
Thank youp Mr. President. Well, Senator Keats this may be Small Claims in your district: but it's big claims in my district. I would suvgest to you that to send in the consumer to face corporate executives would be a very unfair thing to do to consumers .
PRESIDING OFPICER: (SENATOR LUFT) Fureher discussion? Senator Geo-Karis.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATQR LDFT) He indicates he'll yield.
Does your bill make it optional Eo the person who wants to who has the claim to either hire an attorney or not hire an attorney?
PRESIDING OFEICER: (SENATOR LUFT) Senator Keaks.
No, the optional portion is going to this court. I think there is a misunderstandinq. I am looking at the Wording your comkng up with. The misunderstanding -- this is an optkonal court; bokh parties have Eo aqree Eo go herg. If the tWD parties agree to go, then they don't have an attorney. If one of the kWo Wants an attorneye then they don't qo to thts court. That's what Wedre saying. We are just making sure that both sides have an attorney, or both sides dondt. Itfs voluntary to go in, and if you do go, you both agree you won't have an attorney.
PRESIDING OFFICER: (SENATOR LUFT) 66 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22e 1989 Senator Geo-Karis.
Mr. President and Ladies and Genklemen of the Senatey as long as both parties have to do it, I dontt see any harm in it, and I have been practicing forty-six years. I don't see any harm in
PRXSIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Lechowicz.
Mr. President, I just want to point out tbat a11 law associations of the State and the administrative office of the Illinois Courts are in opposition to this bill. Thanks.
PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Senator Keaks: you wish to close?
Yeab. Very quickly. This change is extrenely helpful to small business. Again, it's a voluntary action. I can't drag you into court and then say you can't have a lawyer. You and I agree to say, ''Look, We both can't afford khe aetorney process and khe five-year delay. Let's you and me 9o to Small Claims Court and work this thing out.'ê Senator D'Arco is totally correct - arbitration is tbe solution - but at this poknt there ks no way to do this. This is essentially an arbitration option, volunearily entered into by tWo parties.
PRESIDING OFPICER: (SENATOR LUFT) Senator Keats moves to dischar:e the Committee on Judiciary from further consideratton of Senate Bill 325. Those in favor will vote Aye. Those opposede vote Nay. The voting is open. Have a1l voted Who wish? Have a1l voted Who wish? Have a11 voked who wish? Take the recordg please, Mr. Secretary. On that question, the Ayes are 27, the Nays are 25, 1 voting Presenty and the motion fails. At the top of Page 62 on the Order of Motions in Wrikinq. At the top of the Pagez 62, is Benate Bàll 327. 67 STATE OF ILLINOIS 86th GENERAL ASSRMSLY REGULAR SESSION SENATE TRANSCRIPT 33:d Legislative Day May 22, 1989 Senator Keats. 327. Out of the record, please. Motions in Writing. Senate Bill 350. Senator Woodyard. Motions in Writing. Senate Bill 377. Senator Barkhausen. Read the motion, please: Mr. Secretary.
ACTING SECRETARX: (MR. KANRX) I move to suspend all applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 377, and that the foregoing bill be placed on the Calendar on khe Order of 2nd Readinq. Signed by Senator Barkhausen.
PRESIDING QFFICER: (SENATOR LUFT) Senator Barkhausen.
Mr. President and Members, Senate Bill 377 Would create a new Aet, dealin: for the firsk time under Illinois laW with the rather novel question of surrogate parenthood. The Act is fairly stralghtforward, it attempts to follow the rattonale of the NeW Jersey Supreme Court decision in the Mary Beth Whitehead case, and basically declares that any agreemenes or contracts on this subject are unenforceable between the parties. It further seeks to discourage these conkracts by providing thak any person acting as a broker àn settin: up such an arrangement is guiley of a Class A misdemeanor, a relatively mknor penalty, but a criminal penalty nonetheless. And it further provldes that a surrogate mother, acting in khat capacityz may not receive any money in excess of the amount expended for the medical care, and if she does, is potentially subject ko a Class C misdemeanor - again a minor penalty, but again seekinq to discourage these arrangemenes. Based on ny previous eonversations wieh the representatives of the Illinois Catholic Conferenee, I think it is fair to represent that they support this leqislation. Ifd be happy to try to answer any questions, and Would okherwise ask for a favorable roll call.
PRESIDING OPFICER: (SENATOR LUPT) 68 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Discussion? Senator Dunn.
Thank you, Mr. President. I would rise in opposition. This bill was in our commietee last year, and never gok out of commitkee, and I know of no urgency at thks time to prevent a public hearing to discuss the merits of the bill. I am in opposition to --
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator DêArco.
Thank you. Mr. Presidentg will the Senator yield for a question?
PRESIDING OFFICER: (SENATOR LUFT) He indicates he will yield.
Senator Barkhausen, I mean, is it your intent to eliminate all surrogacy contracts in the State of Illinois?
PRESIDING OFFICER: (SENATOR LUFT) Senator Barkhausen.
I don't know that they'd ever be eliminated, Senator D'Arco. It's the ineenk of the legislation: by the provisions that I outlinedr to discourage them by making them unenforceable and by providing these misdemeanor penalties for those who act as brokers and for surrogate mothers who accept money in excess of expenses, but it doesn't make them illegal per se. It simply makes them unenforceable.
PRESIDING OFFICER: (SENATOR LUFT) Senator D'Arco.
You see: the problem is, we're mixing qood portions with bad portions. We all want to eliminate brokerage of these contracts. 69 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33:d Legislative Day May 22# 1989 We all want to eliminate fees for service for ehese contracts. But What about situations where a woman cannot conceive and somebody donates the spern to allow that woman to become impreqnated? What is so terrible about that situation? It may -- there is nothing Wronq with that. That's a good, legitimate reason for a woman to have a baby under those circumstances. Your bill would prohibit that activity. That's an act of qenerosity on the part of somebody to help this woman conceive and bear a childr and you're denying that person that right. There is a lot of bad things in these contracts, and we should prohibit those, buk donlt take out the good thknss just because there is some bad provisions in the law.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Rock.
Thank you, Mr. President, Ladies and Gentlemen. Por the reeord, the gentleman's representation was not accurate. The Illinois Catholic Conference is not in favor of khis bill.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Purther discussion? If not, Senator -- Barkhausen, do you wish to close?
Mr. President, first, if I may, in response ko Senator D 'Arco 's PRESIDING OFFICERI (SENATOR LUFT) Excuse -- I am sorry, Senatorg I am sorry. Your light was on and then it Went off. I'm sorry. Senator DeAngelis had something to say. SENATOR DeANGELIS: Well. at ay age, khat happens quite often. A question of the sponsor, please.
PRESIDING OFFICER: (SENATOR LUFT) 70 STATE QF ILLIXOIS 86th GENSRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 He indicates he will yield. SENATOR DeANGELIS: Does this apply also ko in vitro fertklization?
PRESIDING OFPICER: (SENATOR LDFT) Senator Barkhausen.
Senator DeAngelis: if I can attempt to answer your question, and respond to the comments of Senator D 'Arco at the same time. It doesn't respond in any Way ko -- to arrangements or activities that are of a voluntary nature that -- that are of a what I would describe as a noncommerical nature. It simply aetempts to discourage the surrogate parenkhood contracts by outlawing the receipt of money for facilltating this kype of activàtye but it doesn't prevent ie from going on. So in the in vitro context, if there is a -- whether it's a sperm donation or a -- of course, it isn't necessarily involved in in vitro, khich would answer your question point blank by saying nö, it doesn't apply, but eo respond ko Senator D'Arco, if khere is a sperm donation that's a donation, and not one for compensation, or if otherwise all of these activities proceed without the prohibited commercial transactions being a part of them, then there would be nothkng that would be prohibited by this Act. Senator Rock, to respond to your poine, I discussed this legislation with Jimmy Lago, and he voiced support for it. Perhaps he Was not at the time speaking for the Conference, because I have not spoken to him in some eime: but based on his interesk in *he legislation, I Made the representation that I did.
PRESIDING OFFICER: (SENATOR LUPT) Further discussion? Senator Barkhausen, you wish to close? A1l righk. All riqht. Senator Barkhausen moves to the discharge the Committee on Judiciary from further consideraèion of Senake Bill 377. A11 those in favor will vote Aye. Al1 those opposed, 71 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Nay. The votin: is open. A11 voted who wish? Have all voted who wish? Have al1 voted who wish? Take *he record, please: Mr. Secretary. On khat questione the Ayes are l9: Nayse 27, 2 votin: Present, and the Motion to Discharge Senate Bill 377 fails. On the Order of Motions in Writing is Senate Bill 397. Senator Barkhausen. Read the bill, please, Mr. Secretary -- or the motion. Ifm sorry .
ACTING SECRETARX: (MR. HANRX) I move to suspend all applicable rules, and to discharge the Senake Committee on Judiciary from further consideration of Senate Bill 397, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Siqned by Senator Barkhausen. PRESIDING OFFICER; (SENATOR LUFT) Senator Barkhausen.
Mr. President and Members, Senate Bil1 397 amends the Vehicle Code to create the new offense of illegal transportation of cannabis or other. controlled substances in a motor vehicle. It authorizes the Secretary of State to suspend khe driver's licenses of those who are guilty of this offense, and it makes this a separake offense, categorized as a Class C misdemeanor under the Criminal Code. It is in some ways similar to the penalties that are already on the books for illeqal transportation of alcohol. But unlike alcohol, which is not, by itself: -- the consumption or possession of which is not, of course, by ikself, illegal, the possession or use of cannabis and conerolled substances is; and therefore, it is the feeling of those supporting this legislatione that it is certainly more than justified to make this a separate criminal offense, even though in this legislation we're only making it a Class C misdemeanor, and to authorize the Secretary of State to suspend or revoke driver's license for the commission of this offense. I'd be happy to answer questionsg and otherwise: 72 STATE OF ILLINOIS 86th GENERAL ASSEMNLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22. 1989 would again ask for a favorable roll call.
PRESIDINC OFFICER: (SENATOR LUPT) Discussion? Senator Thomas Dunn.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR LUPT) He indicates he will yield.
Is a seed of marijuana sufficient enough to do what your bill wants to do?
PRESIDINC OFFICER: (SENATOR LUFT) Senator Barkhausen.
I believe, Senatorz that the -- that the legislaeion talks in terms of possession, so possession of even a small amount: believe: would trigger the sanctions under this bill.
PRESIDING OFFICER: (SENATOR LPFT) Senator Dunn.
Would that not also call for a confiscation of the vehicle?
PRESIDING OFFICER: (SENATOR LUPT) Senaeor Barkhausen.
I honestly don't know the ansWer to that, Senator. If it if the violation of the -- not for this particular offense, an told.
PRESIDING OFPICER: (SENATOR LUFT) Senator Dunn.
Well: I thought under the confiscation Statute, khat if an individual *as transporting druqs, the vehicle Was subject to confiscation. 73 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989
PRESIDING OFPICER: (SENATOR LUFT) Senator Barkhausen.
I am told that ke are not changing current law in that respect, Senator. I belteve it's true -- it's fair to say that if the offense of dealing or delivery of these illegal subseanees were involved, of course then the vehicle could be confiscated under the -- under existing criminal law, but *e are not doing anythinq new in that regard with this legislation.
PRESIDING OFFICER: (SENATOR LUPT) Senator Dunn.
When do I knowingly operate a motor vehicle With some of ehis substance in it when it's left by a child in my car?
PRESIDING OFFICER: (SENATOR LUPT) Senator Barkhausen.
Senator, there could be -- could be situations that would be up to the prosecukor using prosecutorial discretion. or if the charge is brougbt up to a court or a jury to determine whether, in fact, there was knowlng possession, but as you know: that is lanquage which exists under other parts of the Criminal Statute and it's up to 1aw enforcement officials and courts to determine when circumstances warrant a findinq of knowing possession.
PRESIDING OFPICER: (SENATOR LUFT) Senator Dunn.
Why should I be subjected to that?
PRESIDINC OFFICER: (SENATOR LUPT) Senakor Barkhausen.
Because you are subjected to it right now under other 74 STATE OF ILLINOIS 86th GENERAL ASEEMBLY REGULAR SESSION SENATE TQANSCRIPT 33rd Legislative Day May 22, 1989 provisions of khe Criminal Code that make punishable the knowing commission of certain illegal acts.
PRESIDING OFFICER: (SENATOR LUFT) Senator Dunn.
Then why do we need khis?
PRESIDING OFFICER: (SENATOR LUFT) Senator Barkhausen.
Because this is noe now illegal, and in my judgment, and I think the judgment of otherse it should be. We are -- Membersz we are trying to -- to tell our constituents khat we are getting serious about the mere possession of illegal drugs, and if We are: indeed, to do that, I think itls a very minor step - a juskified onee but a very minor step - to make this offense at a minimum a Class C misdemeanor, which is al1 we are doing here. And to authorize - not requireg but to authorize - the Secretary of State, for the commission of this offense, to seek this suspension or the revocation of a driver's license.
PRESIDING OFFICER: (SENATOR LUFT) Senator Dunn.
I don't khink there is any question that everybody is serious about tryin: to stop drugs but this bill is flawed. I urge a No vote.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator D 'Arco. SENATOR D 'ARCO; Senator Barkhausen: maybe you ean clarify something for me about the language in the bill. Under your provision, if a person is a passenger in a vehicle, and he himself is not carrying any cannabis, he can be guilty under this section of the law, as it is 75 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 33:d Legislative Day May 22, 1989 described in your bill, as I understand it. Is that correct?
PRESIDING OFFICER: (SENATOR LDPT) Senakor Barkhausen.
If the person knows or under al1 the circumstances: reasonably should have knokn, that the cannabis or controlled substances are within the vehicle -- yes, the penalties Would apply.
PRESIDING OFFICER: (SENATOR LUFT) Senator D'Arco. SENATOR D'ARCO) All right. My question is, Would he be entikled to a hearing -- would he be entitled to a hearing, and if so, where is that indicated in this legislation?
PRESIDING OFPICER: (SENATOR LUFT) Senator 3arkhausen.
Well, in the first place, Senator, let me elaborate on my earlier answer. If the indlvidual is a passenqer, the most khae can happen to him is khat he is guilty of a Class C misdemeanor, but ehe but the loss of license -- the loss of license would only apply to the driver of the vehicle: but anyone else in the vehicle who has knowledge of the possession of khe illeqal drugs could also be guilty of a Class C misdemeanor.
PRESIDING OFTICER: (SENATOR LUFT) Further discussion? Senator D'Arco. All riqht. Fureher discussion? I am sorry. Senator DlArco.
I underskand, you know, if he's guilty, hels guilty, and maybe he should be punished, but is he entikled ko a hearing under Ehis section of khe law? That's a11 I'm asking. Is this passenger going to be entitled to a hearin: to determine if he is in violation of this law? 76 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
PRESIDING OFPICER: (SENATOR LUFT) Senator Barkhausen.
Yes, Senator, of course held be entitled to a hearing as he would be for the commission of this or any other offense. PRESIDING OFFICER: '(SENATOR LUFT) Further diseussion? Senator Collins.
Yes. Thank you, Mr. President. A point of order.
PRESIDING OFPICER: (SENATOR LUFT) State your point.
Now I have been have been listenin: now since we began this session on the discharge -- Order of Motions to Discharqe, and since have been here in the Senate for thirteen years: have never before known to discuss the merits of a bill when there is a Motion to Discharqe. I would -- Would thinkz as in the past, the Motion to Discharge is determined by Whether or not a bill Was given a hearing or an adequate hearing in the committee: and khat alone would determine whether or not we would diseharge a bill. But apparently everyone's discussing the merits of the bills' and I guess we will be here forever discussing the bills. And I think we ought to move on to whether or not the bill should be discharged and plaeed on khe Order of 3rd -- 2nd Reading.
PRESIDING OFPICER: (SENATOR LUFT) Thank you, Senator Collins. We a11 agree We're in differenk circumstances, and I hope the sponsors will try eo limit their discussions. Further diseussion? Senator Hall. fENATOR HALL: Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LUFT) He indicates he Will yield. 77 STATE OP ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATC TRANSCRIPT 33rd Legislative Day May 22# 1989
Senator Barkhausen, if I drive out of my driveway and I see you walking down the street and I pick you up and give you a lift and I am pulled over and we find the substance in that car, would this apply to you?
If they can't show thak you were knowingly in possession of these illegal drugs, no, it wouldn't apply to that person.
PRESIDING OPFICER: (SENATOR LUPT) Further discussion? Further discussion? Senator Barkhausen, to elose.
I'd simply ask for a favorable roll call.
PRESIDING OPFICER: (SENATOR LUPT) A11 right. Senator Barkhausen moves to discharge the Committee on Judiciary from further consideration of Senate Bill 397. Those in favor will vote Aye. Those opposedy vote Nay. The votin: is open. Have all voted who wish? Have all voted Who wish? Have a11 voted who wish? Take the record, please, Mr. Secretary. On that question: the Ayes are 29, the Nays are l6, 2 voting Present, and the motion fails. On the Order of Motions in Writing is Senate Bill 298. Senator Barkhausen. Read the bill: please, Mr. Secretary.
ACTING SECRETARY: (MR. NApR7) I move to suspend al1 applicable rules, and to discharge the Senate Committee on Judiciary from fur*her considerakion of Senate Bill 3-9-8, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Signed by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR LUPT) Senaeor Barkhausen.
Mr. President and Members, this one is a little differentr but 78 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 on the same subject matter. I think many of us Would agree that one of the qreatest remaining problems we have in tryin: to get at the drunk driving problem is that those who are supposed to have lost their licenses, because of a conviction for DUI or because khey have failed or refused to take a breathalyzer teot, flaunt the suspension or the revoeation of their license by the Secretary of State, and continue to drive, taking the risk that 1aW enforcement officials either won': apprehend them, or that even if they are apprehended, thae they are continuing to drive on a suspended or revoked license will be lightly kreated by the authorities. I have felt for some time that the Seeretary of State's Office ought to do what they apparently used to do in the enforcement of the Financial Responsibility LaW which is raeher than or in addition to revoking or suspending a driver's license, that they ought to revoke or suspend reqistrakion. Meaning removinq license plates, and thak is what khis bill does. I happen to feel that -- that it could more effectively be enforced with an amendment thak simply provided that once one is found guilty of the offense of drivin: on a suspended or revoked license after a DUI eonviction: that the suspension or revocation of regiskration ought to go into effect by means of a nonrenewal of that registration, rather than perhaps a physical removal of existins plates, and that is something that I think could be done with an amendmene, but otherwise, I'd be happy eo answer any quesEions, and seek your support on this Motion to Discharge.
PRESIDING OFFICER: (SSNATOR LUFT) Discussion? Senator Severns.
Thank you, Mr. Presidenty Members of the Senate. Would the sponsor yield for a question?
PRESIDING QFFICER: (SENATOR LUFT) He indicates he will yield. 79 STATE OF ILLINOIS 86th GENSRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
Is it correct that the Secretary of Skate is opposed to this bill, as written?
PRESIDING OFFICER: (SENATOR LDFT) Senator Barkhausen.
I think it's correct to say, Senator, that they do have misgivinqs, because of the requirement presently in the bill regarding the physical removal of plates, and their feeling that that would necessitate some additional manpower and they're conscious about the amount of their budget and they don't really want any -- to have to hire any additional personnel.
PRESIDING OFFICER: (SENATOR LZPT) Further discussion? Senator Hawkinson.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LUET) He indicates he will yield.
In the case of joint reqistration, do you still revoke the registration? In other words, does the spouse lose the plates as Well? SENATOR BARKHADSENI As the bill ls writtene Senator, ehat would happen, and I know that makes some people feel uneasy. It's -- it's -- I Would be amenable perhaps to an amendment on that subjeet, but it's my feelinq that the spouse oughk to be held somewhat responsible and accountable for the actions of a spouse, or I shculd say other family members should -- they should be responsible for eaeh other. If we 're really going to qek serious about these people and really going to get them off the road: I think the only effeetize uay to do it is to zemove registration and not to assune 80 STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 that once a license - not plates: but a license - is suspendedy that people automatically are going to be staying off the road.
PRESIDING OFFICER: (SENATOR LUFT) Eurther discussion? If not, Senator Barkhausen moves to discharge the Committee on Judiciary from further consideration of Senate Bill 398. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Rave all voted who wish? Have al1 voted who Wish? Have al1 voted who Wish? Take the record, please' Mr. Seczetary . On that question, the Kyes are 24, the Nays, l7, 2 voting Present, and khe motion fails. 0n the Order of Motions in Writing is Senate Bill 3-9-9. Senator Barkhausen. Read the billy please, Mr. Secretary.
ACTING SECRETARY: (MR. HAARY) I move to suspend al1 applicable rules, and to discharge the Senake Committee on Judiciary from further consideration of Senate Bill 399, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Signed by Senator Barkhausen.
PRESIDING OFPICER: (SENATOR LUFT) Senator Barkhausen.
Mr. President and Members, Senate Bill 399 adds to our felony murder provisions under khe Illinois Death Penalty Statute, the commission of Calculated Criminal Drug Conspiracy as one of khe felonies which -- the commission of which, in conjunction with *he death of a victim, would make a defendant eliqible for the death penalty. There are, under our exisklng Statukee a number of felonies such as robbery. armed robbery, aggravated criminal sexual assault, and several others, which, when commikted in conjunction With the death of a victim, make one eligible for the death penalty, and this legtslation purposes to add to that series of felonies the commission of a Calculated Criminal Drug Conspiracy. I'd be happy to answer your questions. 81 STATZ 0P ILLINOIS 86th GENEKAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, Senator Barkhausen moves to discharge the Committee on Judiciary from further consideration of Senate Bill 3-9-9. Those in favor will vote Aye, ehose opposed, vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record pleasey Mr. Secretary . On that question, the Ayes are 41# the Nays are 8, l voting Presentv and the motion carries. Senate Bi1l 399 is discharged from the Committee on Judiciary and is ordered placed on the Calendar on the Order of 2nd Readinq. On the Order of MoEions in Wrieing is Senate Bill 419. Senator Etheredge. Read the bill: please, Mr. Secretary.
ACTING SECRETARY: (MR. NAQRY) I move to suspend al1 applicable rules, and to discharge the Senate Committee on Appropriations I from further consideration of Senate Bill 419, and that the foreqoing bill be placed on the Calendar on khe Qrder of 2nd Reading. Signed by Senator Etheredqe.
PRESIDING OFFICER: (SENATOR LUFT) Senakor Etheredge.
Thank youg Mr. Presidenk, Ladies and Centlemen of the Senate. This is the appropriations bill for the Illinois Sports Facility Authority. I would request your favorable consideration on this Motion to Discharge.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, Senator Etheredge moves to discharge the Pommittee on Appropriations I from the further consîderation of Senate Bill 419. Those in 'avor will vote Aye. Those opposed: Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record: please, Mr. Secretary . On that question, the Ayes are 26, 82 1 I ; STATE QF ILLINOIS ! 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22y 1989 the Naysz 15, 2 voting Present, and the motion fails. On the Order of Motions in Writing ls Senate Bill 455. Senakor Davidson. Read the bill, please, Mr. Secrekary. ACTING SECRETARY: (MR. NKQRY) I move to suspend a1l applicable rules, and to discharge the Senate Committee on Judiciary from further consideratàon of Senate Bill 455, and that the foregoin: bill be placed on the Calendar on the Order of 2nd Reading. Siqned by Senator Davidson. PRESIDING OFFICER: (SENATOR LUPT) Senakor Davidson. SENATOR DAVIDSON: Mr. President and Members of the Senate, this bàll we got from two or three other states who have already done this. This is to help: one, keep you to be able to say no on the use of drugs. What it says, if you're under the age -- a teenaqer and have not yet received a driver's license and if you are convicted of using alcohol or a controlled substance, you're prohibited from applying for or training for or otherwise acquiring a iriver's lkcense instruckional permit. If you already have a driver's license and you are convlcted, it Would prohibit you from having a license permit during the period of supervision, probation or conditional discharge. There are exceptions for those youths Who need to drive to maintain employment. PRESIDING OFFICER: (SENATOR LUPT) Diseussion? Discussion? If not, Senator Davidson moves to discharge the Committee on Judiciary from further consideration of Senate :ill 455. A11 those in favor will vote Aye. Al1 those opposed: Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the reeord, please, Mr. Secretary. On that question, the Ayes are 5ly the Nays are 1, none voting Present, and the motion carries. Senate Bi11 4-5-5 ks discharged from the Commkttee on Judiciary, and is 8a ! 1 I I ! STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 ordered placed on khe Calendar on the Order of 2nd Reading. In the middle of the page, Senate Bill 4-5-8. Senator Davidson. On Motions in Writinq. senate Bi11 458. Read the bill, pleaseg Mr. Secretary.
ACTING SECRETARX: (MR. HAQRY) I move to suspend all applicable rules, and to discharqe the Senate Committee on Judiciary from further consideraeion of Senate Bill 458, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Signed by Senator Davidson.
PRESIDING OFPICER: (SENATOR LDPT) Senator Davidson.
Mr. Presldent: Members of the Senate: this came from the Guardianship Advocacy Commission, and its does: basically, ewo things. If the quardian of a person and the guardian of the estate are noe the same personv it requires eaeh to notify the other of actions taken. We have had apparently a history of one being a guardian and one being ehe estate: and they haven't talked to one another or notified another. Second part requires the court to use clear language that is understandable to an ordinary person. In the bill there is a long dissertation - I have the amendment kf this bill is placed on 2nd - by the Guardianship Commission to shorten that to very short language, and has the suppore of al1 the people I've talked to. Appreciate a favorable vote.
PRZSIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If notz Senator Davidson moves to discharqe the Committee on Judiciary from furkher consideration of Senate Bill 4-5-8. Al1 those in favor will vote Aye. Those opposed. Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a11 voted Who Wish? Take the recordz please: Mr. Secretary. On that question, the Ayes are 51, the 84 STATE OF ILLINOIS 86th CENERAL ASSEMBLX REGULAR SESSION SENATE TQAMSCRIPT 33rd Legislative Day May 22z 1989 Nays are none, none votin: Present, and the motlon on Senate Bill 458 -- the mokion carries. And Senate Bill 458 is discharged from Committee, and is ordered placed on the Calendar on the Order of 2nd Reading. (Machine cutoffl...
PRESIDING OFPICER: (SENATOR DIARCO) 469. Senator Madigan. 474. Senator Macdonald. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. NhpRï) I move to suspend Senate Rule 5c# and that the Committee on Transportation be discharqed from further consideration of Senate Bill 474, and it be placed on the Senate Calendar on the Order of 2nd Reading. Signed by Senator Macdonald. PRESIDING OFPICERI (SENATOR D'ARCO) Senator Macdonald.
Thank you, Mr. President. This bill was requested by the township official of Illinois, and lt amends the Highway Code and increases the equipment in building tax to ten percent of the taxable property of a road district.
PRESIDING OFFICER: (SENATOR D'ARCO) Any diseussion? Senator Brookins.
Thank you, Mr. Presâdent. Will the Senator yield?
PRESIDING OPPICER: (SENATOR D'ARCO) She indicates she will yield.
Senator Macdonald is this a tax inerease?
PRESIDING OPFICER: (SENATOR D'ARCO) Senator Macdonald. END OF TAPE 85 STATE OF ILLINOIS 86th GENERAL ASSBMBLY REGULAR SESSION SENATE TRANSCRIPT 33:d Legislative Day May 22, 1989 TAPE 3
This may be a tax increase, but it -- it requires a front-door referendume so that it cannot be just automatically passed on.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Brookins.
It is a front-door referendum.
IRESIDING OFFICER: (SENATOR D'ARCO) Any further discussion? If not, Senator Macdonald moves to discharge the Committee on Transportation from further consideration of Senate Bill 4-7-4. A1l those in favor vote Aye, all those opposed vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted who Wish? Have a1l voted who wish? Qake the record. On that question, there are 38 voting Yes, 5 voting Nay, l voting Present. The moeion carries, and Senate Bill 4-7-4 is discharged from the Committee on Transportation, and is ordered placed on the Calendar on the Order of 2nd Reading. Senate 3il1 475. Senator Macdonald. Senator Macdonald? Yes?
Thank you, Mr. President...
PRESIDING OFFICER: (SENATOR D'ARCO) No. Read the bill, Mr. Secretary.
ACTING SECRETARX: (MR. HAKRY) I nove to suspend Senate Rule 5cp an4 that the Committee on Transportation be discharged from further consideration of Senate Bill 475, and it be placed on the Senate Calendar on the Order of 2nd Reading. Slqned by Senator Macdonald. PRESIDING OFFICER; (SENATOR D'ARCO) Senator Macdonald.
86 1 l STATE 0F ILLINOIS : : 86th GENERAL ASSEMBLX REGULAR ssssloN I SENATC TRANSCRIPT 33rd Legislative Day May 22z 1989 Thank you, Mr. President. This also -- this bill also was requested by Township Officials of Illinois. It amends the Highway Code and it inereases to twenty-five percent the present road district hard road tax of sixteen percent of assessed value of taxable property. This also requires a front-door referendum. PRESIDING OFFICER: (SENATOR DIARCO) Any discussion? Senator Netsch. SENATOR NETSCH: Thank you, Mr. President. I thought We were on 476. I am sorry. 475 did not come to my... PRESIDING OFFICER: (SENATOR D'ARCO) Senator Lechowicz. All right. Senator Macdonald moves to discharge the Committee on Transportation from further consideratlon of Senate Bill 475. A11 those in favory vote ïes -- Aye. Al1 those opposed, vote Nay. The votlng is open. Have al1 voted who wish? Have a11 voted who Wish? Have a1l voted who wish? Take the record. On that questiony there are 37 voting Yea, 6 votlng Nay, 3 votin: Present, and the motion carries, and Senate Bill 475 is discharged from the Committee on Transportakion, and is ordered placed on the Calendar on the Order of 2nd Readinq. Senate Bill 476. Senator Macdonald. Read the bill, Mr. Secretary. ACTING SECRETARX: (MR. NApRY) I move to suspend Senate Rule 5c# and that the Committee on Revenue be discharged from further consideration of Senate Bill 476, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Signed by Senator Macdonald. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Macdonald. SENATOR MACDONALD: Thank you, Mr. President. This bill amends the Revenue Act to allow town collectors to collect taxes levted within their ' 87 ( : STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 respective townships after January lsty 1990. This does not apply to Chicagoy and it requires county collectors to release books to such collectors. The Illinois Constikution provides for khe townshlp eollector ko be elected with other toknship officials, to take office during -- followtng January 1st. Prior to 1970, Eownship collectors participated in the collection of real and personal property. This participation did cease in 1970, as a result of a ruling by a Cook County Court Judqep who ruled khat the compensation for township collectors was unconstikutional. Of course, since the ruling, the Illinois Constàtukion has been changed, and the township collectors have remained an active part of township governmeht. Many township budgets include a line item for the township collector. Several parts of Illinois there are active township tax collectors that collect the first installment of real property taxes and help citizens with tax payment issues and problems. I think that this is an excellent opportunity for us with more and more people wanting help with their taxes, to reinstake the townshlp tax collectors, and so urge your discharge for this moeion.
PRESIDING OPFICER: (SENATOR D'ARCO) Senator Netsch.
Thank you, Mr. President. Again, this is a bill that I must say I don't feel passionately moved by, one way or the other, but would make a couple of points about 0ne is that to the best of my informatàon, there are effectively only five counties which still have *he office of township collector - Cook. Peoriae Madison, Will and Sangamon - and I am informed khat the Cook County Board opposes this piece of legislation. I have no information about the other eounty boards. I think one of the problems is that this office is a litele bit of an anachronism: and whether this makes sense or not, I think is at least open to 88 STATE OF ILLINOIS 86th GEXZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 very serious question, and of eoursey because of the fact that the sponsor was not there ko present the bill, we never really had an opportunity to raise questions and to explore khe issue. My feeling is that probably on the merits, it makes no sense to I shouldn't say it makes no sense ik is probably not the better approach to reinforce and reestablish these township collectors, particularly where it is opposed by their own county boards, but in any event, it is the sort of ehing that, it seems to me, does require further hearing.
PRESIDING OFFICER: (SENATOR D'ARCO) Senakor Lechowicz.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. It's correct that the qenesis of the town collectors ls a 19th century Way of thinking, the time when collectors rode khe district and collecked eaxes, and unfortunately that -- there are five areas in the State thak still have the town collector five counties. But in Cook County: as of December of '69, a court decision enjoined the Cook County Township Colleetors from collecting taxes. What this bill would do then, it would alleviate thate and lt would be a step in the wrong direction, and I believe that the County Board made a wise decision in opposition to this bill, and I believe that lf they had khe opportunity to testify, as has been brought ko my attention, ehat they would be aqainst this bill. And I think we should make sure that this bill does not 9et out, and it should be -- remain on the Table. oppose the bill.
PRESIDING OFFICER: (SENATOR D'ARCO) Senakor Macdonald, to close.
Thank you, Mr. Presldent. While my distinguished colleaques across the aisle have stated a point of view of the Cook County 89 STATE OP ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Boardy I would like to say that there are thirty suburban townships that surround Chicago, and just as the assessors, who are a very viable part of local governments in those thirty townships, certainly give forth very meaningful service, I think the collectors could also have a very real part in helping people and in collecttng taxes. So I would urge that you discharge this bill from committee so that we can further discuss it.
PRESIDING OPFICER: (SENATOR D'ARCO) A1l riqht. Senator Macdonald moves to discharge the Committee on Revenue from further eonsideration of Senate B&ll 4-7-6. Al1 those in favor: vote Aye. All those opposed, vote Nay. The voking is open. Have a11 voted who wish? Have all voked who wish? Have a1l voted who wish? Take the record. On that question, there are 27 voting Yesy 19 votin: Nay, l voting Present, and the motion fails. Senate Bill 4-8-3. Senator Dudycz. Read the bill. I am sorry. Read the motion, Mr. Secretary.
ACTING SECRETARY: (MR. HAPRX) I move to suspend al1 appllcable rulesy and to discharge khe Senate Commitkee on Insurancey Pensions and Licensed Activities from further consideration of Senate Bill 483, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Signed by Senator Dudycz.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Dudycz.
Thank you, Mr. President, Members of the Senate. Senate Bill 483 deals with the Chicago Police Article of the Pension Code. What ie does is raises the minimum Widows' and retirement annuity, and I ask your suppork for the Motion to Discharge from Insurance, Pensions and Licensed Committee, please.
PRESIDING OFFICER: (SENATOR D'ARCO) I I 90 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senator Jones.
Yes. Thank youw Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR D'ARCO) He indicaees he will yield.
Senator Dudyczv What is the -- the local property tax increase as *he result of this bill? PRESIDING OFFICERZ (SENATOR D'ARCO) Senator Dudycz.
Senator, I have no information regarding any property taxes involved in this bill. PRESIDING OFFICER) (SENATOR D'ARCO) Senator Jones. SENATOR JONESI Well, thank you. Well, it is a property tax, for your informaeion. It is. Hokever, the bill is really not needed, because that -- khis provision is incorporated in Senate Bill 95, so therefore it is not needed. We had many, many pensions bills in the -- committee: and ke put many of them together so that we would know what the fiscal knpaet Would be# and I know you, being a fiscal conservative as relate to local property tax, I don't think you want to continue to increase things. Buk khe bill is not needed, simply because this provisions -- these provisions are already ïncorporated in another bill. go I pppoge the Gentlemanls motion.
PRESIDING OFPICER: (SENATOR D'ARCO) Senator Dudycz, to close.
Thank you, Mr. President. Senator Jonesy Senate Bill 95# which you referred toy has many aspects to ik. It has the 91 STATE Or ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22y 1989 State-funded system in it, has the State universitiesz the General Assembly retirees, it has downstate police, khe General Assembly Judqes System, and last year's omnibus bill, some technical changes to it. The -- the provisions in 483 were requested by the retired policemen in Chicaqo. They indicated eo me that they did not wish this to be a vehicle bill: but just be passed out of here as clean as -- clear as possible. And I think thae if it goes out of here in the form that you have it in 95, it will not be the way that they reguested it. And I ask support of both sides of the aisle for the Motion to Discharge 483.
PRESIDING OFFICER: (SENATOR D'ARCO) All right. Senator Dudycz moves to discharqe khe Commieeee on Insurance, Pensions and Licensed Activities from further consideration of Senate Bill 4-8-3. Al1 those in favor, vote Aye. All those opposed, vote Nay. The voting is open. Have all voted who Wish? Have al1 voted who Wish? Have a11 voted who Wish? Take the record. On that guestion, there are 29 voting Yes: 5 voting Nay, l votin: Present, and the motion fails. Senate Bill 4-8-8. Senator Dudycz, for What purpose do you arise?
Point of personal privilege.
PRESIDING OFFICCR: (SENATOR D'ARCO) State your point.
Mr. President: I would request that next time that you request a roll call, would you please slow it down a liEkle bit? I am sure that some of our Members vish to have their votes recorded, and did not have the opportunity to, since you did request kind of quick.
PRESIDING OFFICER: (SENATOR D'ARCO) We are trying to move things along, but I Will take...
92 I I I 1 STATE 0F ILLINOIS 86th GENEQAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 . .. 1 understand that, Mr. President, I understand that, but it seems like some of us, When we have our bills that we request to have voted on, we have a quick vote on it, and I don't think that's fair.
PRESIDING OFFICER: (SENATOR D'ARCO) That is not my intenk, Senator Dudycz, and I apologize if -- lf that happened, and I -- I will not do that aqain. I apologize. All right. Next bill is Senate Bill 4-8-8. Senator Schuneman. Read the billr Madam Secretary -- read the motion, Madam Secretary.
I nove to suspend all applicable rulesy and to discharqe the Senate Committee on Judiciary from further consideration of Senate Bill 488, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Schuneman.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Schuneman.
Thank you: Mr. President. This bill sinply raises the penalty for knowingly reporting a false bomb threat. It arises out of a series of incldents in my district, and durin: those incidents, it was discovered by the public and the press and others ehat there seems to be a contradiction in Skate law in that knowingly reporting a false fire alarm is a felonye while knowingly reporting a false bomb threat is simply a misdemeanor, and this bill is simply intended Eo bring *he Ekatutes lnto compliance With what I think should be, since the reporting of a false bomb threat brings out not only the ftre departments, but also police and every other emergency unit in the area. PRESIDING OFFICER: (SENATOR D'ARCO). All right. Any discussion? If nobe Senator Schuneman move: to discharge the Judiciary Committee from further consideration of 93 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senate Bill 4-8-8. All those in favorr vote Aye. Al1 those opposed, vote Nay. The voting is open. Have all voeed who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 45 voting Yes, none votin: Nay, l voting Present. And the motion carries, and Senate Bill 488 is discharged from the Committee on Judiciary, and is ordered placed on the Calendar on the Order of 2nd Reading. Senate Bill 4-9-1. Senator Maitland. Read the bill -- read the motion, Madam Secretary.
I move to suspend all appltcable rules; and to discharge the Senate Committee on Elementary and Secondary Education from further consideration of Senate Bill 4-9-1, and that the foregoin: bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Maitland.
PRESIDING OFPICER: (SENATOR DIARCO) Senator Maitland.
Thank you, Mr. President, Members of the Senate. Senate Bill 49l is admittedly a vehicle bill, is a formula bill. This side of the aisle does not have a shell bill out at this point; we alway: have thak opporeunity. As you might well be aware, the -- there is an effork beinq put forth for bipartisan support of formula reform. This could well be the vehicle for that -- that issue: and I would appreciate allowing this bill out on 2nd Reading.
PRESIDING OFFICER: (SENATOR D'ARCO) All ràght. Any discussion? If notr Senator -- Any discussion? Senator Holmberg.
Thank you, Mr. Presidenk. I kould jus: like to point out to Members of the Senate Body that there are already two School Aid Formula vehicle bills -- Senate Bill 96l and Senate Bill 986, 94 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 currently on 3rd Readkng.
PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Any further discussion? If not, Senator Maitland moves to discharge the Committee on Higher Education fron further considerakion of Senate Bill 491. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have a1l voted who Wish? Take the record. On that question, there are 31 Ayes, 8 Nays, 2 voting Present. The motion carries: and Senate Bill 491 is discharged from the Committee on Higher Education, and is ordered placed on the Calendar on the Order of 2nd Reading. Senate Bill 4-9-3. Senator Maitland. Senator Maitland. Read khe bill, Madam -- read the motion, Madam Secretary.
I move eo suspend all applicable rules, and to discharge the Senate Committee on Higher Education from further consideration of Senate Bill 4-9-3, and that khe foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Maitland.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Maitland.
Thank you very much, Mr. President, Members of the Senatey Senate Bill 493 is -- is a bill thak -- that creates a separake board for Illinois State University. As you well know, there is a bill currently residing on 3rd Reading that creates a separate bsll for Northern, and regardless of What your position is on that issue, it seems to me, imperatkve to - in khe event that bill passes to address the problem of where does Illinois State and Sangamon State go, in the event this takes place. would appreciate very much the opportunity of having this bill ouk on 2nd Readingr with the opportunity to debate the issue in later days. 95 STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22p 1989
PRESIDING OPPICER: (SENATOR D'ARCO) Any discussion? If not: Senator Maitland moves to discharge the Committee from Higher Education from further consideration of Senate Bill 4-9-3. A1l those in favor, vote Aye. All those 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. The motion fails. Senate Bill -- Senator Maitlande for what purpose do you arise?
Well, I guess I Was just going to renew the point that Senator Dudycz made. I know that votes Were still going on, and I -- you know, they simply were. And I lost the battle, understand that, but votes were still qoing on after you -- you made the eall.
PRESIDING OFFICER: (SENATOR D'ARCO) Well: I thought I had slowed down the call, and I deliberately slowed down khe call: and I looked at the boarde and I was Erying to get everybody, you know, Who cared to vote to voke, so I disagree with you. Senator Schaffer, for what purpose do you arise?
Mr. President, and on the same issuer When you have a third of the Senate hasn't even had a chance to vote, I don't see how you can close the board down. There were eighteen people not voting on that bill, and While there are a couple of empty chairs here, there certainly aren't eighteen. I realize that We are -- *e have a long day and a long calendare but when a third of khe Senake hasn 't had an opporkunlty to vote, I khink kha: khere is every reason to give us a little more time. Particularly with this rather interesting voking system, which is taking a little gekting used to.
PRESIDING OFFICER: (SENATOR D'ARCO) / A1l right. Next billy Senate Bi11 531. Genator -Barkhausen. 96 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislatkve Day May 22, 1989
I move to suspend all applicable rules: and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 531: and that the foreqoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen. SENATOR BARKEKUSENZ Mr. President and Members: Senate Bill 531 is an effort to recreate under Illinois law, by Statute, what is known as tenancy by the entireties, as distinguished from joint tenancy. Most of you: I am sure, are familiar with the legal concept and rules of joint tenancy, whereby the joint tenants have equal shares in real estate, but one of the joknt tenants can deed away hks or her ineerest to another party. What this is intended to do is to create an additional option for husbands and wives holding property together, because under tenancy by the entireties: the tenancy would exist as long as the marriage lasts. In that Way, one spouse could not convey away his or her lnterest and defeat the tenancy; similarly, one spouse could not go out and mortgage or otherwise encumber the property in a Way that effectively defeated Ehe interests of both spouses and -- and took away their property interest in the tenancy by the entireties. I know from talking eo many of my colleaguesr that there is interest in trying to get at situations where one spouse - oftentimes a husband who runs amuck durinq the course of a marriage. Ehat goes ouE and attempts to mortgage the property to come up with a lot of money, and effectively defeats the wife's interest in the property by creating this large lien against it. So *he eenancy by the entirety is an effort to avoid that sort of problem and provide that if a -- for example, a mortgage is goin: to be entered into, it would have to be done wikh the consent of both spouses. It has 97 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 the support of a representative of tEe president of one of the leadinq title companies in the State. It's a technical subject. I'd be happy to try to ansWer questions and would otherwise urge a favorable roll call. PRESIDING OFFICERI (SENATOR LECHOWICZ) The Lady from Lake: Senator Geo-Karis.
Thank youz Mr. Speaker. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.
Senator, are you saying that if We were to have the tenancy by the entireties, Would that automatically mean that if the husband and wife are joint tenants, that they would come under that?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
No: Senator. They'd have to elect to become tenants by the entireties. Any existing joint tenancy would remain a joint tenancy under the existin: laws of joinks tenancy, unless there were an affirmative step taken - a conveyance - a reconveyance into a tenancy by the entireties.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Geo-Karis.
Mr. President, I support the -- the Motion to Discharge. I think it Will be a much fairer situation.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Dunn. I am sorry. Senaeor D'Arco.
98 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslative Day May 22, 1989 Thank you, Mr. President. We already have tenancy by entirety in the Skate of Illinois. A husband and wife can put their property in joint tenancyz kenancy in common, tenancy by entirety, do anythin: they wank today in the State of Illinois. Thatls khe law now. This bill restricts the rights of a husband and wife, and requires that only remain in effect as long as they're married. Now why he wants to do that to protect the interest of one party as aqainst the other, I don't really understand, because it works b0th Ways under the law now. There is no reason to change the law. The laW is Workable, and there is no reason to change it a: khis point.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Dupage, Senator Pawell. Fawell, please.
Thank you very much. I had a bill like this a couple of years ago. We do not have tenancy in the entirety in this State as of righk now . The reason I had lt Was exactly khe reason why Senator Barkhausen now has it. There are women Who have discovered upon -- upon a divorce, that al1 the equity in the house has been taken away and spent, and this bill would prevenk that practice. I was told oxiginally that that was kmpossible, that that iould not happen. I know of several eases now where that exact thin: has happened, including one of the lobbyists right here in Springfieldy if you'd like to -- if you Want to talk to me, I can tell you who it is. But tbis is a good kdea. This ks a good bill, and it's long overdue.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentlenan from Whiteside: Mr. -- Senator Schuneman.
On a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LECHOWICZ) State your poink, sir. 99 STATE 0F ILLINOIS 86th GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
Mr. President, there has been some complaint on the last few bills about the Chair cutking off the vote quickly. I'd like to make a point that on Senate Bill 483, which was...
PRESIDING OFFICER: (SENATOR LECHOWICZ) 531.
No# no. 483, Mr. President, Which was Senator Dudycz's bill, I pressed my green button. Qhe light on my desk came on. Now Senator Dudycz shows me the roll call, and Ifm recorded as nok voting. I sîmply want to make the point, Mr. President, that our equipment here must not be working the way it's supposed ko work, and that perhaps we ought to allow a few more seconds to have these votes recorded, because I definitely voted on that bill, but the offlcial roll call shows that I didn't vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Thank you, sir. Welll have the electrieian cheek your switch as well. And I'd like ko make sure all the switehes are checked before the first of June when we will really be busy around here. Senator Dunn, the gentleman from Will. Senator Dunn.
Thank you, Mr. President. Question of the sponsor, if he will yield?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he'll yield.
What's the posîtion of the Bar Associatlon?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
honestly don't know. Senakor. You know, one of the problems of not havkng hearings because of the unforkunate unique situatkon l00 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22g 1989 we all found ourselves in, was -- was thaE oftentimes we didn't get the sort of input that We might have liked, but -- as far as I knowy they don't have a position.
PRESIDING OPFICER: (SENATOR LECHOWICZ) . .. Dunn.
Exactly. And I would -- just learned that the Bar Association is opposed to this.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Barkhausen, to close.
For the reasons suggested earlier by me and Senator Fawelle Mr. President, I urge a favorable roll call.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharge the Committee on Judiciary from further consideration of Senate Bill 531. All in favor, vote Aye. Al1 opposed, vote Nay. The voting is open. Have all voted who wish? Have a11 voted Who wish? Clerk, take the record. On this question, khere are 31 Ayes, 14 Nays, 3 recorded as Present. And the motion carries, and the matter is discharged from Judiciary Committee, and placed on 2nd Reading. Senate Bill 532. Senator Barkhausen. Out? 533. Senator Barkhausen. Read the motion: Madam Secretary.
move to suspend a11 applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of SenaEe Bill 533, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OPFICER: (SENATOR LDCHOWICZ) Senator Barkhausen.
Mr. President, this is a Secretary of State administration l0l STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslatkve Day May 22, 1989 bill deallng with the Uniform Limited Partnership Actz Which they administer throuqh their Corporations Division. It does a number of technical things expanding on the revised Uniform Limited Parknership Act that we passed here approximately three years ago. None of it is terribly earthshaking. Ild be glad to answer any questions there may be about it, and otherwise ask for your support.
PRESIDING OFPICER: (SENATOR LCCHOWICZ) .. . tmachine cutofflo..hny discussion? The question is# shall - - Senaeor Barkhausen moves to discharge *he Committee on Judiciary from further consideration on Senate Bill 533. Al1 khose in favor, vote Aye. All opposed, vote Nay. The voting is open. Have all voted who Wish? Have a1l voted who Wish? The clerk will take the record. ûn this question, there are 47 Ayes, 3 Nayse 2 recorded as Present. And the motions carriesw and Senate Bill 533 will be placed on the Order of 2nd Reading. Senate Bill 536. Senator Maitland. Read the bill -- read the motion. I am sorry, Madam Secretary.
I move to suspend a11 applicable rulesr and to discharge the Senate Committee on Elementary and Secondary Education from further eonsideration of Senake Bill 536, and thak the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Maitland.
PRESIDING OFFICER: (SENATOR LECHOWICZ) senator Maikland.
Thank you very much, Mr. President, Menbers of the Senate. Senate Bill 536 is a part of the Farm Bureau Chief Program that's been talked about around these Chambers for several weeks now, and this is the bill that requires the State Board to develop and operate a pilot telecommunication program for a few partlcipating l02 STATE OP ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 33rd Legislative Day May 22y 1989 school districts in rural Illinois for the years of 1990 and -- for school year 1990-91. As you know, there is' a program right now, the Star Program, that's in place in a number of school districts, run out of Western Illinois University. This is really a newer ware of khis -- of this -- of technology. This is interactive to a TV, and I think it's a proqram that has a lot of lot of hope for the future for rural school districts, and I would appreciate your support. It does have bipartisan support; there are a number of Republican and Democratic sponsors of this bill.
PRESIDING OFFICER: (SENAQOR LECHOWICZ) Any discussion? Senator Maitland moves to discharge the Committee on Elementary and Secondary Education, and to place Senate Bill 536 on the Calendar on the Order of 2nd Reading. A11 in favor, vote Aye. Al1 opposed, vote Nay. Votinq is open. Have all voted who Wish? Have all voted who wish? Clerk Will take the record. On this question, there are 52 'Ayes, no Nays, none recorded as Present. And the motions carries, and Senate B1ll 536 will be on 2nd Readin:. Senate Bill 537. Senator Etheredqe. Read the motion, Madam Seeretary.
move to suspend all applicable rules, and to discharge the Senate Commiteee on Elementary and Secondary Education from further consideration of Senate Bill 537, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Etheredqe.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Etheredge.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, this is another element of the Chief Program, as sponsored by the Parn Bureau. Basically, what this btll says? that if the State 103 STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33:d Legkslative Day May 22, 1989 does not fund mandatesy then the school distrkcts are not obligated to buy those mandates. Specifically exempted from this provision are the special educationz the school luneh programs, transportation programs and the high school graduation requirements; otherwise, for all other mandates, if the State does not see fit to fund them, then the school districts are not obligated -- to offer them. I would be...
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Holmberg.
Thank you, Mr. President. As Senator Etheredge has explained, this is a bill that would discontinue or modify proqrams mandated, certatnly an issue that deserves a hearing in commiktee. Very controversial; we have seen this issue time and time again. We always have people wishing to speak on both sides. Lask year's Mandates Task Foree stated that even if all mandates were eliminated, no significant savings Would be realized because of all the big ticket costs of teachers, administrators and buildings those things would need to be continued. This needs very careful debate; I would reeommend that it stay in committee.
PRESIDING OFFICER: (SENATQR LECHOWICZ) Senator Schuneman.
Thank you: Mr. President. I simply want to point out while this bill may be eontroversial here, it isn't controversial back home. You go down and walk your maln skreet and ask people whak they think about this idea, and I suspect khat youdll get seventy-five or eighty percent of them will tell you, ''You bet. Go to Springfield and pass that bill.'' It's a qood idea; we ought to support
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Kaitland, to close. Ethereoge, to close. I'm sorry. 104 STATE OF ILLINOIS 86*h GZNERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslative Day May 22, 1989
Thank you, Mr. President. I would just point out that *e have strong bipartisan support in the sponsorship of this legislation, and I Would ask for a favorable roll call.
PRESIDING OPPICER: (SENATOR LECEOWICZ) Senator Etheredge moves to discharge the Committee on Elementary and Secondary Education, and to place it on the Order of 2nd Reading. Senate Bill 537. A11 in favor, vote Aye. All opposed, vote Nay. The voting is open. On this question -- have aàl voEed who wish? Have all voted Who Wish? Take the record. On khis questiony there are 45 Ayes, 6 Nays, recorded as Present, and the motion carries. And Senate Bill 537 is on the Order of 2nd Reading. Senate Bill 544. Senator Barkhausen. Read the motion, Madam Seeretary.
move to suspend a1l applicable rules, and to discbarge the Senate Committee on Insurance, Pensions and Licensed Activities from fureher consideraeion of Senate Bill 5-4-4, and that khe foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
Mr. President and Members, the bill is straightforward. It -- it does what it says it does. It might be somewhat controversial, though. It proposes to repeal the prohibition under our campaign finance laws - actually under the Illinois Insurance Code - that now exits, prohibiting contributions by insurance companies. The reason for the bill is the feeling that the prohibition is unfair and discrimknatory, even through some representatkves of the insurance industry like the law the way it ts. I would point out that there are industries - I would mention the utility industry - l05 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33:: Legislative Day May 22, 1989 far more regulated than the insurance industry, which are not subjeck to the same prohibition. It simply makes no sense. If we are to allow corporate contributions in general: there is no particular reason to single out the insurance industry for this prohibition. I'd be happy to try to answer any questions, but I think khe bill is self-explanatory, and I ask for your support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Jones.
Yes. Thank youz Mr. President and Members of the Senate. I wîsh the sponsor had availed himself to appear before the commitkee on this piece of legislation. It is rather controversial, especially in light of *he fact that we have so many issues related to insurance and the consumers in the State of Illinois, and not that I arise to oppose the gentleman's motion, but the whole questkon as to uhether or not we should be considerin: removing this eyemption, in light to the faet that -- of what's happeninq in California and the issues that are before the people of the State of Illinois as relates to the insurance industry. so on this issue, I suggest everyone vote their conseience.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen, to close.
I simply ask for your support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharqe the Commietee on Insurance, Pensions and Licensed Activities from further consideration on Senate Bill 544. Al1 in favor, vote Aye. A1l opposed, vote Nay. Votin: is open. Have al1 voted who wish? Have all voted who Wish? Clerk will take the record. On this question, there are 29 Ayes, 16 Nays, l recorded as Present. And l06 STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 the motions fails. Senate Bill 545. Senator Barkhausen. Madam Secretary, read the mokion.
I move to suspend a11 applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 545, and khat the foregoin: bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
Mr. President and Membersy this should be noncontroverskal. is the recommendation of the Suprene Court relating to those provisions of the Civil Procedure Code providin: for certain motions that deal with the dismissal of suits, but specify different grounds for the reason for the dismissal. Right now combined motions can be made. The Supreme Courk has suggested to us that we ought to amend the Code of Civil Procedure providinq that where combined motions are filed, that they -- that each individual park of it specify the separate reason for seeking that dismissal. I ask for your support.
PRESIDING OPFICER: (SZNATOR LECHOWICZ) Any discussion? Senator Dunn, the Gentleman from Will.
Thank you, Mr. President. A question of the sponsor, if he will yield.
PRESIDING OFFICER: (SENATOR LZCHOWICZ) Indicates he 'll yield.
Will there be any amendments?
PRESIDING OFFICER: (SENATOR LZCHOWICZ) Senator Barkhausen.
l07 STATE OF ILLINOIS 86th GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 33rd Legkslattve Day May 22, 1989 No.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.
Well, onee again, I rise asain kn opposition, because this is eivil procedure matters that have not gone through committee, and there has been no testimony on.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen, to close.
I'd ask for your support. It is a recommendakion of the Supreme Court, and I think it's of some importance.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharge the Committee on Judiciary from further consideration of Senate Bill 545. All in favor wùl1 vote Aye. A11 opposed, vote Nay. The votkng ks open. Have a11 voted who Wish? Have all voted who Wish? Clerk, take the record. On thls question, there are 28 Ayes, 19 Nays, recorded as Present. And the motions fails. Senate Bill 546. Senakor Barkhausen. Read the motiony Madam Secretary.
I move to suspend a1l applicable rules, and to discharge the Senate Committee on Insurance, Pensions and Licensed Activities from further consideration of Senate Bill 546, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen .
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cook: Senator Topinka, for what purpose do you seek recognition?
I Want to speak to the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) l08 STATE OF ILLINOIS 86th GEXZRAL ASSEMNLY REGOLAR SESSION SENATE TRANSCRIPT 33rd Legislatkve Day May 22r 1989 All right. Senator Barkhausen. SENATOR BARKHAUSEXI Mr. President and Members, Senate Bill 546 revises and updates the Uniform Anatomical Gift Act. For one thinge to comply with requirements that have come about under Pederal Medicaid and Medicare Laws sinee the 1968 Anatomical Gifk Act Was passed, and in light of recommendations made by the Uniform Law Commission in 1987. Among khe changes: one is to delete the requirement that has existed under the Uniform Act and under Illinois law: that witnesses have to sign the donor card. Secondly, it also allows for khose who are concerned about anatomical gifts being made or donations being taken in instances where there may be some question about the donor's intent, it allows an individual to specifically note on a document khat he or she does not want his or her body to be used for thïs purpose. I6d be happy to answer any queskions, and otherwise urge your support.
PRESIDINC OFFICER: (SENATOR LECEOWICZ) Any discussion? The Gentleman from Cook, Senaeor Jones.
Yes. Thank youe Mr. President. Wi11 the sponsor yield?
PRESIDING OFFICER: (SENATOR LECHOWICZ) He indicates he will.
Senator Barkhausen, does khis piece of legislation mandate that anyone that is admitted to the hospital for a general checkup or a woman havinq a child, or whatever - does it mandate EhaE the hospital employees, with the consent of the physicianz must ask them do they Want to make a orqan donation?
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Barkhausen.
Senator, I believe that it does, but that is inserted here l09 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 because, I am told throuqh the information that I havee that that's not required by federal law and regulakion. When referred to Medicaid and Medicare laws and regulations, that's what I was talking about.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones. SENATOR JONES) Well, this legislation does mandate such for anyone that has been admitted to a hospital. This bill is a very controversial bill. It is a controversial issue as such, and for us to aet on this legislation Without proper hearing, without proper input: think would not be wise in the best interest of the people of the State of Illinois. To -- this bill is far-reaching, so the Medical Society, the relà:ious comnunitye the hospitals' and so forth, should have some input. This bill deserves a hearing in committee where we can receive input from all: because if one goes in just to have their tonsils removed, they would have to be asked this particular question, ''Are you willing to donate some of your organs in the evenk that you don't make ik?'' And I don't think that is the best way - the direction that We should be going in. So I recommend that the gentleman's motion not pass.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Topinka.
Yes: Mr. President and Ladies and Gentlemen of the Senate, with a11 due respect to the sponsor, who I think is Erying ko accomplish something here, the Anatomkeal Gifts Act really is functionlng qulte well. I guess, workin: under the basis that if it isnft broken you donlt need to fix ik, l think we ought to kind of look at this in that direction. Furthermore, this bill has a widespread ramification, in that it removes the only definition of death that We have in all of our Statute: and think that is ll0 STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 33rd Leqislative Day May 22, 1989 saying a lot. I think we ought to leave it just the kay it is, and leave this bill in committee.
PRESIDING OFPICER: (SENATOR LECEOWICZ) Senator Barkhausen, to close.
Mr. President: I'd just try to point out kn closing, that of course there is a great shortaqe, still - even with the revisions We have nade under our law, khere is a shortage of necessary donations. The bill does allow for one to specifically provide that they don't want to make the donation, but it otherwise encourages people by havinq hospitals include, as pare of their inpaeiene regiskration form , the question of whether one is willing to make this donation. Between that provision and the removal of the witness requirement, We are trying to increase the availability of these types of gifts. I think the subject matter, and the bill itself, is urgent, and I ask for your suppork.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharge the Committee on Insurance, Pensions and Licensed Activities from further considerakion of Senate Bill 546. All those in favory vote Aye. K11 opposed, vote No. Voting is open. Have a11 voted who Wish? Have all voted Who wish? Clerk, take the record. On this question, there are 19 Ayesr 26 Nays: l recorded as Present. And the motions fails. Senate Bill 547. Senator Barkhausen. Read the motion, Madam Secretary.
move to suspend al1 applicable rulesz and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 5-4-7, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen. ll1 STATE OF ILLINOIS 86th GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
Mr. Presidentr Members, this is another proposal of the Conference on Uniforn State Laws - I hope less controversial than the last. This is an attempt, really, to help our senior citizens, by providing, under Statute, a form what is called a ''custodial trusty'' that any person can use to place their property into trust: either With themselves as trustee or with another as trustee, to provide for the control of property in the event that one becomes ineapacitated. By providing this form in Statute, we are hopefully giving people of modest means the opportunity to create this very simple and limited-purpose trust without the necessity of creating the more lengthy and expensive legal documents khat otherwise have to be created when a -- a trust is otherwise set in place. I'd be happy to answer your questions, and otherWise seek your support.
PRESIDING QFFICER: (SENATQR LECHQWICZ) Any discussion? Gentleman from W1ll, Senator Dunn.
Thank you, Mr. President. A question of the sponsor, if he will yield.
PRESIDING QFFICER: (SENATOR LECHOWICZ) He indicates he will yield.
What's khe Bar Assoeiation's posikion, Senator Barkhausen?
PRESIDING OFFICER: (SENATOR LECHOWICZ) senator Barkhausen. Question?
I don't know, Senator.
PRESIDING OFFICER: (SZNATOR LECHOWICZ) senator Dunn.
Well, once again, I rise in opposition, because this is a very ll2 STATE OF ILLINOIS 86th GENEKAL ASSEMBLV REGULAR SESSION SENATE TQANSCRIPT 33rd Legislattve Day May 22: 1989 complicated, far-reaching bill thatês had absolutely no discussion: not only in committee, but it ought to be referred to a subcolmkttee to get the knput of the Bar hssociation.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen, to close. Leave to ask for a roll call? Senator Barkhausen.
Mr. President, I do ask for your support. This is a very carefully drafted bill. Representatives of senior citizens organizations, before the Conference on Uniform State Laws that put this bill togetherp express keen interest in it because of the potential foz creating these simple trusks and affording senior citizens the opportunity to save considerable amounts of money in legal fees. I ask your support.
PRESIDING OFEICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharge the Committee on Judiciary from further consideration of Senate Bill 547. All those kn favory vote Aye. A11 opposed, voke Nay . Votin: is open. Have all voted who Wish? Have a11 voted who wish? Clerk, take the record. On this question, there are 28 Ayes, 16 Nays, 2 recorded as Present. And the motions fails. Senate Bk11 548. Senakor Barkhausen. Read the motion, Madam Secretary.
I move to suspend a11 applicable rules, and to discharge khe Senate Committee on Judiciary from further consideration of Senate Bill 5-4-8, and that the foreqoinq bill be placed on the Calendar on the order of 2nd Readkng. Ftled by Senator Barkhausen .
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
Mr. Presidenk, Members, this is another Uniform Act that I am again sponsoring, because I am the only Senator that is on this ll3 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslatkve Day May 22# 1989 groupe and feel some responsibility to to try to seek the approval of this leqislation. It creates the Uniform International Wills Act, and it's a technical subject, but it's seeking to establish a procedure whereby wills khat are drafted by foreign citizens can be proven and their estates can be administered in this country, and by the same token: whereby Illinois citizens holding property overseas might seek to have their property probated when the time comes, in foreign countries. This bill is submitted pursuant to a international convention essentially a treaty - khich has been entered into providing a uniform lag on the form of an înternational wkl1. I think is completely noncontroversialy but I1d be happy to answer your questions.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The Lady from Maeon, Senator Severns.
Thank you, Mr. President. Would khe sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.
Senator, is thks tHe same bkll that was held in committee last session?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen. SSNATOR BARKHAUSENZ It was never assigned to one of the substantive committeesz Senator. I believe I introduced it alonq with some of these others, but think was held in the Rules Committee for no compellinq reason.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any fureher discussion? Senator Barkhausen, to close. ll4 STATE OF ILLINOIS 86th GENERAL ASSIMRLY REGULAR SESSION SENATE TRANSCRIPT 33:d Legislative Day May 22, 1989
Idd ask for your support. Thank you.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharqe the Committee on Judiciary Erom further consideration on Senate Bil1 548. All in favor, voke Aye. Al1 opposed: vote Nay. Votinq is open. Have all voted who Wish? Have all voted who Wish? Clerkw take the record. On this question, there are 29 Ayes, 19 Nays, recorded as Present. And the motkons fails -- it's lost. Page 64 on the Calendar, Motions in Writing, Senate Bill 549. Senator Barkhausen. Read the motkon, Madam Secretary.
I move to suspend a11 applicable rules, anG to discharge the Senate Committee on Finance and Credit Regulations from further consideration of Senate Bk11 5-4-9: and that the foregoing bill be placed on the Calendar on the order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
Mr. Presidenk and Members, khis is the Uniform Fraudulent Transfer Act. It repeals khe exisking Dniform Fraudulent Conveyance Act of 1918, and replaees it with this Statute. It's an attempt to protect the interests of creditors against unsecured debtors who mkvht seek to transfer property to Gefeat the interest of the creditor. It's been adopted in twenky states. It is replacing the existin: 1aw on a similar subject, largely because of revisions to the Federal Bankruptcy Code of 1978, which make obsolete many of the provisions of the earlier Statute. I'd be happy to answer your questions, and otherkise ask your support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator zkto. l15 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 GENATOR ZITOZ Thank you, Mr. President. I don't mean to further dampen the Barkhausen parade, but I rise in strong opposition to this motion. This bill is intended to regulate transfers between associated companies -- and I don't know if you necessarily agree or disaqree with khat; I happen to disagree with it, but a1l it's going to do is frustrate the rights of the creditors. Now: if the situation is goinq to involve ourselves in that kind of dilemma,I would think that at least we would have the opportuniky to hear both sides of the issue. I may further say that Senate Bill 9-6-5, which Senakor Barkhausen introduced last year on this exact same subject matter, never made it out of the Judiciary Committee. don ft see any purpose to continue this discussion on Senate Bill 5-4-9. think itls much too complex of an issue, and if, in fact, we are going to deal with this type of subject mattery we should have both sides come in and hear testimony from both. I stand in opposition.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen, to close.
Mr. President, in closing, if I could respond to Senator Zito. Contrary to what he said about this frustrating the interest of creditors, it will further protect them, because one of the problems with the earlier Uniform Fraudulent Conveyance Act, which is repealed and replaced by this Statute, is that conveyance can be Eaken Eo apply only Eo real property, whereas khis also deals with fraudulent transfers of personal property. The ISBA, earlier when this bill was ftled - and it never had a hearing then: Which is why it didn't go anywhere, and it was never subjected to a vote before - but they have endorsed it, so that might interest Senator Dunn, who has raised that question about some other legislakion. As I said, it's been adopted in twenty states, and thks ks an ll6 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENRTE TRKNSCRIPT 33rd Legislative Day May 22, 1989 attempt to make law on this subject uniform throughout the statesg and I ask your support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharge the Committee on Finance and Credit Regulations from further consideration of Senate Bi1l 549. A11 those in favorr vote Aye. All opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Clerk will take the record. On this question, there are 25 Ayes, 23 Nays, none recorded as Present. And the motions fails. Senate Bill 551. Senator Barkhausen. And if the engineer can hear my voicey would you kindly raise the temperature in the -- in tbe room? There have been some requests of some of the Members that they fre cold. We 'll have to speed up our pace, and we'll al1 get a little warmed up. Madam Secretaryf please read the notion on 5-5-1.
I move to suspend all applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 5-5-1, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Barkhausen.
Mr. President, this is the Uniform Enforcement of Foreign Judgments Act, which is noW on *he books in the form of a 1948 StaEuEee and we are seeking Eo update i*, aqain pursuant Eo recommendations made by the Conference on Uniform State Laws. It simply simplifies the procedure for takin: a judgment khat is registered in one state and bringing it into another state so that it can be enforced. It provides for a nore summary procedure and simplified means for serving notice on the debtor than previously exisked. I'd be glad to answer your questions. ll7 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY ! REGDLAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
PRBSIDING OFFICER: (SENATOR LECHOWICZ) Lady from Dupage, Senator Fawell.
Thank you very much. Will the sponsor yield for a question?
PRESIDING OPFICER: (SENATOR LECEOWICZ) He indicates he will.
Would this also be -- would this cover the child support judgments that are made in other states that the women are trying to collect?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
It certainly could, Senator. Howeverg there maybe other Statutes on that subject that supersede this. I don't know.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.
Thank you very much. Well: I've been on the Chkld Support Task Force now for abouk three years, and I will tell you, one of the biggest problems welve got in khis State are tryin: Eo collect judgments for women whose husbands have flown the Statey gone to California, Plorida, Georgia - probably three of the worst - and it just seems to me anything that would simplify this, and perhaps make it so that the other states understand what wedre doingr would certainly merit our support. And I would strongly suggest we vote Yes for this bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Will, Senator Dunn.
Thank you, Mr. President. A question of the sponsor, if he'll yield? ll8 I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22y 1989
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.
Will there be any amendments to this, Senator Barkhausen?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
No, I promise khere won't be.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Dunn.
Senator Barkhausen, my analysis says that this involves a major change in the càvil procedure dealing with the subject matter. Why did you characterize it as simple?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
Because I think it is. I don't know Why our analyses should be differentz but I think really a11 it does îs to provîde for a notice of a judgment in another state by means of certified mail rather than by personal service, and of course, the reason for that is that the debtor already has notice of it, because he would have gotten notice before the judgment was entered knitially.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Dunn.
Welly kn Illinois, a11 you have to do is enroll the judgment here to collect àt. Is that not true? PRESIDING OPPICERZ (SENATOR LECEOWICZJ Senator Barkhausen.
ïou have to do that, but then you have to personally serve khe ll9 ; STATE OF ILLINOIS 1 86th GENERAL ASSRMNLY REGULAR SESSION SEKATE TRANSCRIPT 33rd Legislative Day May 22, 1989 debtor of the -- by giving them notice of the enrollment or registration of the judqment within the State, and this requires notice by mail, rather than by personal service. PRESIDING OFPICER: (SENATOR LECHOWICZ) Any further discussion? Senator Dunn. . SENATOR TEOMAS DUNNI Why shouldn 'k he have khat right to service the summons -- guaranteed notice? PRESIDING OFFICCR: (SENATOR LECHOWICZ) Senator Barkhausen. SENATOR BARKHAUSEN : The argument is, because he has already had notice of the -- of the proceeding in the other state, and is -- is still going to be getting notice by means of the mail. PRESIDING OFFICER: (SBNATOR LECHOWICZ) Senator Dunn. SENATOR THOMAS DUNN: If he has already had notice in the other state, and you say he is not entitled to summons, why is it necessary ko have notice -- by mail then? PRESIDING OFFICER) (SBNATOR LECHOWICZ) Senator Barkhausen. SENATOR BARKHAUSEN: Sork of a middle-ground position between no notice and personal service is ko require notice by mail. Simple procedure, and it's less expensive. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhauseny to close. SENKTOR BARKHAUSEN : Simply ask for a favorable roll call, Mr. President. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharge the Committee on l20 3 STATE OF ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Judiciary from further consideration on Senate Bill 5-5-1. A1l in favor signify by sayinq Aye -- I am sorry. A1l in favor signify by voting Aye. A1l opposed, by votinq No. The voting is open. Have all vöted who wish? Have all voted who wish? Clerk will kake the record. On khis question, khere are 27 Ayes, 19 Noes, 2 recorded as Present. And the mokion fails. Senate Bill 5-5-2. Senator Barkhausen. Read the motion, Madam Secretary.
I move to suspend a1l applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 5-5-2: and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Barkhausen.
Mr. President and Members, I appreciate your indulgence. I am almost done here on this great roll that I'm on. 5-5-2 is, again, a Uniform Act, dealing with creating a frameWork -- skakutory framework for premarital agreements. Right now, premarital agreenents cany under certain circumstances, be enforceable in Illinois, but this creates some safeguards for those entering into them and for those who might potentially be cheated by an agreement that takes undue advantage of them. IId be happy to answer your questions, buk I'd simply point out that in an age when, as we al1 know, there are an increasing number of marriages between spouses who have previously been marriede have children by the prior marriage, have accumulated property prior to this second or subsequent marriage, that there is increasing -- increased reason for enterin: into premarital aqreements, and there ought to be a statutory fraRework, rather than a guessing game, about where courts wil1 stand, that alloW people to predict the enforceability of these agreements. And I'd ask for your support. l2l i STATE OF ILLINOIS 86th GSNERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator D'Arco.
Yes. Thank you, Mr. President. HoW does this bill compare with Senate Bill 547?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Ik's basically the same, and that one lost. So I believe this matter has already been addressed. Senator Barkhausen.
If that was a serious question, 1'11 be glad to try to answer it. The other one dealt with a completely different subjeck matter of trust. This, as I explained, is dealin: with the subject of premarital agreements.
PRESIDING OFPICER: (SENATOR LECHOWICZ) .. . t machine cutoffl.e.senator D'Arco.
Thank you, Mr. President. Obviously, this is a very serious subject - premarital agreements. I don't know if any of you have ever signed one or have -- or any of you ever intend to sign one. Adeline, youlve signed one?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Easy, Adeline.
But you intend to, you say?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Geo-Karis, to respond.
Mr. President, to answer Senator D'Arco, if he has a prospect I'd be lnterested. Bu* anywaye Mr. President and Ladies and Gentlemen of the Senate, I think this is a good bill: because there are questions about whether -- what constitutes a good premarital aqreement. You have families, you have people Who are l22 $ i STATE OP ILLINOIS 86kh GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 oldet, they have children, each skde has children, I think they are entitled to make a good premarital agreement With each other, and I think this would facilitate matters and would establish *he lawg so that we don't have the ups and downs on premarital agreements that we have now. There are so many cases on -- on premarital agreements - We go both Ways. And I think if we can set up a procedure we can followe I think we will be doing a good service to the people, and I urge favorable consideration of this Mokion to Discharge.
PRESIDING OFPICER: (SSNATOR LECHOWICZ) Senator D'Arco.
Thank you. Mr. President: this does a little more than that. 1 meang kt also provkies for full disclosure of a11 property and financial obligations of a1l the parties involved. Now, whether -- whether that's done or not done may be part or not part of an agreement khat two parties may wish to enter into. Now you are limiting khose parties to specific instances, where they have to disclose everythin: and anything about all their moral, physical, emotional and Wherewithal concerning their whole entire lives, and I don't think that's what we want to do here.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen, to close.
Mr. President, yes, the bill does require a full financial disclosure. I don't know about moral and physicalz and I hope that if they are enkering into a marriage there might have been some physical disclosure as Well, but really, we are talking about a -- about a financial disclosure in the absence of which one certainly wouldn 't want to enter into an agreement dealing with financial matters, unless one knew, in fact, what assets b0th spouses had. As Senator Geo-Karis explained - I know she does a l23 i STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 fair amount of work in this area - there is great uncertainty now as to What constitutes an enforceable agreement, and I know that this would help to provide greater certainty for those contemplatinq such agreements. ask for your support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharge the CommiEkee on Judiciary from further consideration on Senate Bill 5-5-2. Al1 in favor, vote Aye. All opposed, vote Nay. The voting is open. gave all voted who wish? Have all voted who wish? Clerk will take khe record. On this question, there are 25 Ayes, 17 Naysp 3 recorded as Present. And the motion is lost. 5-5-3. Senator Barkhausen. Please read the motion, Madam Secretary.
move to suspend al1 applicable rules, and to discharge the Senate Committee on Executive from further consideration of Senate Bill 5-5-3, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Barkhausen.
Let ne try one more, Mr. President. can't go to my annual meeting of this group unless I say I tried. Senake Bill 5-5-3 is not controversial, but it's probably, at least in volume, it's bigger than any of these other proposals, many of which are not terribly substantial. But this one is, and I think it symbolizes khe imporEance of Ehe -- of the subject matter, which is to put Within the Uniform Commercial Code that governs the whole banking industry in negotiable instruments generally, it creates a new Article 2A. We have right noW Article 2, and have had for several years, which governs tbe purchase and sale of personal property of goods -- tangible personal property, I should say. Article 2A deals With leases. We a11 know that leasing, in l24 STATE OF ILLINOIS 26th GENCRAL ASSEMALY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 our economy today, is a very big business amounting to an estimated one hundred and fifty billion dollars a year nationallyy and yet what -- what constitutes a lease and what promises and representations are made under a lease, and what remedies there are for parties khat are defaulted against under a lease, are a11 have al1 been determined by -- by varying court rulings. The draftin: of Article 2A is -- has proceeded over a period of several years, involving legal experts in the field and representatives of industries -- many of them reqistered in support of this bill, such as the National Equipment Dealers Association, who are now asking us to pass this legislation. As I say, it is somewhat involved, but I'd be happy to answer any questions. I would point out there are several states, such as California, that have passed this already, and the State of Minnesota, just this last Week. I'd be glad to answer your queskions.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discusslon? The gentleman from Wille Senator Dunn.
Thank your Mr. President. And will the sponsor yield?
PRESIDING OFFICER: (SENATOR LECHOWICZ) He indicates he will.
Senator Barkhausen, What's the Bar Association's position on this bill? PRESIDING OFFICERZ (SENATOR LECHOWICZ) SenaEor Barkhausen.
I have heardy Senator, from the CBA, they support the bill. They have some amendments that they are inkerested iny but they do support the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) l25 STATE OF ILLINOIS 86th GENEQAL ASSEMBLY REGULAR SBSSION SENATE TRANSCRIPT 33rd Legislative Day May 22p 1989 Senator Dunn .
Once again we are dealing with a bill that has far-reaching effects. We are dealing with a bill that belongs in a subcommittee to have testimony on, and we are dealing with a bill that is khe first bill that have seen today that has four pages of analysis.
PRESIDING OFPICER: (SENATOR LECHOWICZ) u . lmachine cutofflqvssenator Barkhausen, to close.
I ask for your supporty Mr. President and Members, for khe reasons that I explained.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharge the Copmittee on Sxecutive from further consideration on Senate Bill 5-5-3. All in favor, vote Aye. A1l opposed: vote Nay. Voting is open. Eave a1l voted who wish? Have al1 voted Who wish? Clerkr take Ehe record. On this question, there are 28 Ayes, 17 Noes, 2 recorded as Present. And the motion fails. Senate Bill 5-5-7. Senakor Philip. Madam Secretary, read the motion.
I move to suspend Senate Rule 5c# and that the Committee on Judiciary be discharqed from further consideration of Senate Bill 5-5-7, and that it be placed on the Senate Calendar on tbe Order of 2nd Reading. Filed by Senator Philip.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Philip .
Thank you, Madam President and Ladieg and Gentlemen of *hê Senate. That's the first time I've said that; it sounds very good. Senate Bill 5-5-7 amends the Criminal Code. If you would be convicted of a felony with a firearm in your possession, it l26 STAQE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR S4SSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 would be an automatkc ten-year mknimum senkence, a Class X felony: and you wouldn't be available for probation. If you are a law and order type person, this is our answer to al1 these guns runninq around in the wron: people's possession. I'd be happy to answer any questions. 1'11 ask for a favorable vote.
PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? Senator D'Arco.
Thank you, Madam President. Senator Philip, I Want you to know that the Department of Corrections is against your bill. Of course, you probably already know that, and I guess the reason they are against your bill is because khey -- they have gok a housing problem as is# as you well know. And we don't have enough bed space to house criminals - in this State: in our counties, in the local/municipal prisons, wherever you :o, we don't have enough beds to house criminals. Now interestingly enough about your bill, you provide that it is a Class X felony -- I mean it is ten years instead of six years, but I Want you to know that firearms also include stun guns and taser guns, so the ten-year increase Would apply to stun gun and taser guns, but interestingly enough, it wouldn't apply to machetes or axes or cleavers. Now to tell you the truth, if I was confronted with somebody who was going to rob me with a machete, I'd be a lot more scared than I would if he had a stun gun and said, 'fI am going to take your money from you.'' I am -- in fact, that would cause a lot more apprehension than tf he confronked me with a taser qun. Now I don't know if that is what you want to do: but if that's what you want to do, maybe you should amend this bill to include those other weapons as well. And then we can just beat the bill down with the amendment on it.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Phllip. 127 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqkslatkve Day May 22p 1989
Thank you, Madam President. You know What? They dre under the old definition now; they already are in Class X. I'd be happy to take those two out on 2nd Reading, Senator, if that Would serve your purpose. Al1 we're tryinq to say, very simply: is thak if you are convicted of a felony with a firearm on <sic> your possession, khat you have a ten-year sentence without probation. Now I happen to think that ks a step in the righk direction. You want to keep tbese people from using fîrearms. This idea that we are qoing to ban firearms, and nobody is going to have a firearm, is a lot of baloney. We know during prohibition - and I was alive then it was illegal ko have liquor, but there was liquor a1l over khe place. 7ou will never ban guns. The way to get ko these people who use firearms is very simple: lock 'em up, and don'k let 'em out early.
PRESIDING OFFICER: (SENATOR COLLINS) %nW further dkscussion? If not, Senator Philip. Senator D'Arco, your light's not on. Okay.
Thank you, Madam President. You knowz Pate, you are -- you are really mixing the issues up; you really are mixing issues up, and believe me, I know this bill is going ko pass, and khak's qreat, you know. But that's not what this is al1 about. A ban -- no one is sayinq we should ban handguns in this bàll. Believe me, this has nothinq to do with banning handguns. NoW hoW you qot to bannfng handguns or banning automatic weapons from your bille I can't imagine. Your bill increases the penalty for armed violence with a weapon. Instead of making àt a Class X six-year minimum, six-year minimum, you make it a ten-year minimum. Now We know what that does. It's nonprobationable, it puts more people in jail for longer times: and it lets out lore people. That's the problen with your bill. Ask DOC; they are letting out people by l28 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22y 1989 the droves. When we going to face this reality here? We got a serious overcrowdin: problem in the State of Illinois in our prisons. That's a fact, Pate, and this is gonna make worsey that's all. I want to put people in jail, just like you do. You think I want to let criminals out of prison? But that's What your -- the effect of this bill is going to do, he is going to let more prisoners out, that are -- that are committed -- that have eommitted lesser offenses, because of the impact of this bill. I know this bill is qoing to pass, but that's the fack.
PRESIDING OPFICER: (SENATOR COLLINS) Further discussion? Senator Philip may close.
Thank you, Madam President. Thank you, Senator D'Arcoy for your favorable comment, and I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Philip moves to discharge the Committee on Judiciary from further consideration of Senate Bkl1 5-5-7. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record, Madam Secretary. On that question, there are 43 Ayes, 6 Nays, l votin: Present. The motion carriesy and it Wi1l be placed on the Order of 2nd Reading. END OF TAPE TAPE 4 - - Senate Bi11 5-5-9. Senator Philip. Read the motion, Madam Secretary.
I move to suspend Senate Rule 5c, and that the Committee on l29 STATE 0F ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Lesislatkve Day May 22, 1989 Judiciary be discharged from further consideration of Senate Bill 5-5-9, and thak it be placed on the Order of -'- pardon me. That it placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Philip.
PRESIDING OPFICER: (BENKTOR COLLINS) Senator Philip.
Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 5-5-9 is a -- would establish a pilot project - one in the Cook County Court, one in the Dupage County Court to permik drug testings of defendants who are charged With a felony offense or offense involving controlled substance, who have consented to testinq as a condition for bail. In other words, the court would have them tested for drugs. I assume if they didn't test positive, they'd get the bail. If they tested positive, they'd probably keep them in the slammer. Theylve done this in the Diskrict of Columbia, and it has reduced the -- the -- hoW should I say it -- the rearrest rates by 70 percent. Be happy to ask Ksic> any questions: and ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, Senator Philip moves that Senate Bi1l 5-5-9 be discharged from further consideration of the Judiciary Committee, and be placed on the Order of 2nd Reading. Those in favor will vote Aye. Opposede Nay. The voting is open. Have all voted who wished? Have all voted who Wished? Have al1 voted who wished? Take khe record. On thak questiong there are 50 Ayes y Nay, none voting Present. The motion carried, and it will be placed on the Order of 2nd Reading. Senate Bill 5-7-9. Senakor Kustra. Read the motion, Madam Secretary. Excuse me, Madam Secretary. Senator Philip on 5-6-4. You want to -- read the motion, Madam Secretary.
l30 STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 move to suspend Senate Rule 5c, and that the Committee on Elections be discharged from further consideration of Senate Bill 564, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Philip.
PRESIDIXG OFFICER: (SENATOR COLLINS) Senator Philip .
Thank you, Madam President, Ladies and Gentlemen of the Senate. This amends the Eleckion Code. As you are probably aware, we file at a different time for all statewide offices khan we do for deleqates and alternate delegates to the National Nominating Convention. Why we do this I have no reason. What this does is make the filing Jates uniforn. So youfd file for everything at the same time. The rationale behind it is for precinct captains and precinct committeemen, instead of going around twice with the petitions, you'd go around once with the pekitions. I'd be happy to answer any questions, and ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? Senator Demuzio.
Wellz thank you -- Madam President and Ladies and Gentlemen of the Senate. If this bill were a matter of law, then we would have violated the last two of our Democratic National Committee party rules qoverning the delegate selection process. I think that this billr franklyr is untimely: tbat we can address this next year or 1991. I donft know what the reason for the urgency of this bill is# but I would suggest that since we haven't had an opportunity to really look at it to study what our rules are going to be for the next Natkonal Convention, that this bill is certainly untimely at this polnt.
PRESIDING OFFICER: (SENATOR COLLINS) l31 STATE OF ILLINOIS 86th GENENAr,ASSRMRLY 1 , REGULAR SESSION ! SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senator Philip.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I am not aware of what your rules are, Senator, quite frankly. I am just trying to make it easy for the guys that are out there knocking on doors and collecting signatures, and I think the easiest thing is to have somebody circulate all the petitions for all the offices at the same time that file at the same time. I can't understand why your -- your party rules would be aqainst that. And I would think that the Statute would prevail over party rules, whether they are your party rules or my party rules. And ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Philip moves to discharge the Committee on Election and Reapportionment from further consideration of Senate Bill 564. Al1 in favor will vote Aye. Opposed, vote Nay. The votinq is open. Have all voted who Wished? Have a11 voked Who Wish? Have a1l voted who wish? Take the record, Madam Secretary. On that question: there are 33 Ayes, 17 Nays, 2 voting Present. The motion carried, and it will be placed on the Order of 2nd Readinq. Now, Senate Bill 579. Senator Kuskra. Read khe motion, Madam Secrekary.
I move to suspend all applicable rules, and to discharqe the Senate Committee on Transportation from further considerakion of Senate Bill 5-7-9, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Kustra.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Kustra.
Thank you, Madam Pfesident. This is a proposal of the Illinois Alcoholism and Druq Dependence Association. It changes l32 STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 the blood alcohol concentration at which a person is presumed to be driving under the influence of alcohol from .l0 to .08. This was first recommended by the Governor's DUI Task Force. Itls supported by the Secretary of State, the Dqpartment of Transportatkon, Public Hea1th, State Police, DASA and the American Medical Association. This bill does note of course, dictate how nuch people can drink. does say that we need a clear-cut standard as to when people drink and drive. And by lowering it to 08 it brings us into conformity with the best medical evidence on this subject. I would ask for your favorable considerakion.
PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, Senator Kustra moved to discharqe the Committee on Transportation from further consideration of Senate Bill 579. All in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wished? Have a11 voted who wished? Have a1l voted Who wished? Take the record, Madam Secretary. On that question, there are 43 Ayes, Nays, none voting Present. The motion carries, and Senate Bill 579 will be placed on the Order of 2nd Reading. Senate Bill 581. Senator Hudson. Senate Bill 583. Senator Kustra. Read the motion, Madam Secretary.
I move to suspend all applicable rules, and to discharge ehe Senate Committee on Insurance, Pensions and Licensed Activities from further consideration of Senate Bil1 5-8-3, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Kustra.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Kustra.
Thank youe Madam President. This, too, is a proposal of the Illinois Alcobolism and Dru: Dependence Association. It is designed to deter individuals who purchase gas at gasoline 133 I STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22e 1989 skations from buying single cans of alcohol and drinking and driving. The bill is intended to prohibit the sale of one twelve-ounce can of beer, and to prohibit the sale of one twelve- ounce bottle of Wine cooler in :as stakions which have a liquor license. This b111 does not prohlbit the sale of a quart of beer, nor does it prohibit the sale of a pint of distilled spirits. There is some confusion about whether or not the language is approprkate. We have agreed to add an amendment on 2nd Reading, and with the acceptance of that amendmenty the Beer Distributors, the Retail Merchants and the Petroleum Marketers do not oppose this bill. I would ask for your...
PRESIDING OFPICER: (SENATOR COLLINS) Any discussion? Senator Jones.
ïes. Thank you, Madam President. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield.
Senakorg who wants this bill? Because the way the bill is drafted, to me, it was -- seems that -- you are attempting ko get those persons ko purchase more than jusk one can of beer.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Kustra . SENATOR KUSTRAI That's right, Senator Jones. That's -- first of all, who wants it -- Ehe Illinois Alcoholism and Drug Dependence AssociaEion came forward with khis bill as part of their legislative packaqe this year. I do not believe the bill was drafted appropriately, and if you're reading the original copyz you are probably right. The Beer Distributors: Retail Merchants and Petroleum Marketers went to the Association, asked if they Would redo an amendment -- or do an amendment which would limit it l34 STATE OF ILLINOIS 86th GENEPAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 to, as I said before, the sale of one twelve-ounce can of beer and one twelve-ounce bottle of wine cooler. They said they would. I agreed to introduce it, and with that, those organizations are in support of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones.
Well, I don 't know hoW the Secretary of State would feel about the legislation, because, to me, you are trying to get a person to buy not one can of beer, but to buy six cans of beer. And, you know: it goes contrary to what we attempt to do about drunk driving in the State of Illinois. However, does this leqislation preempt home rule?
PRESIDING OFFICER: (SEXATOR COLLINS) Senator Kustra.
No. Not to my knowledge; it's not intended to do so.
PRESIDING OFFICER: (SENATOR COLLINS) Any further discussion? Senator Jones.
Well, I rise to oppose the gentleman's motion, because your small local units of qovernment and those home rule units, this Would preempt home rule and small units of government, the mayor is usually the chief officer as related to liquor. Laws -- laws are used to qovern like khe City of Chicago, and then they have a Liquor Commission. This does preempt home rulee and -- but again, khe way the bill is drafted, to mer even with your amendments, you're encouragin: persons to buy more than just a can of beer; you are encouraging them to buy a six-pack. And, to me, a person may nok get drunk off one can of beer but Ehey might get drunk off of a six-pack. I think this runs contrary to the Secretary of State Jim Edgar's efforts to eliminate drunk drivers in the State l35 STATE OF ILLINOIS 86th GENERAL KSSEMRLX I REGULAR SESSION # SENATE TRANSCRIPT ( 33rd Leqislative Day May 22, 1989 of Illinois. And I oppose the gentleman's motion, and suqgest that we vote No on this motion. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, Senator Kustra, to close. SENATOR KUSTRA: Thank you, Madam Chairman. I think what we lre tryin: to do here, is to get at the problem of single-can purchases. Why would someone go to a gasoline station Which happens to have a liquor license, and purehase one can of beer? It's probably to get back into the car with it. Now that -- that retailer also sells to other people in the community. We certainly don't want to restrict all sales of alcohol, a six-pack or a case, whatever it is. That person might be wanting to take that home. But when is the last time you 've seen somebody buy one can of beer, put it in their pocket, and take it home? That can's going into khe cary to be drunk while driving. We don't want that. This does something about it. I ask for a favorable vote. PRESIDING OFFICER: (SENATOR COLLINS) Senator Kuskra moves to discharge the Committee on Insuranee, Pensions and Licensed Activities from further considerakion of Senate Bill 583. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who wished? Have all voked who wished? Have all voted who wished? Take the record, Mr. Secretary. On that question, there are 37 Ayes, 8 Nays, 2 voting Present. Tbe motion prevails, and it will be placed on the Order of 2nd Reading. Senator Schuneman. Senate Bill 587. Read the motion, Mr. Secretary. ACTING SECRETARY: (MR. HAKPY) I move to suspend Senate Rule 5cs and that the Committee on Executive be discharged from further consideration of Senake Bill 587, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Signedg Senator Schuneman. l36 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRADSCRIPT 33rd Legislative Day May 22, 1989
PRESIDING OFFICER: (SENATOR COLLINS) Senator Schuneman.
Thank youy Madam President. This bill was introduced at the request of Timberlake Playhouse. Timberlake Playhouse is a smally not-for-profit volunteer summer theater group at Mt. Carroll, Illinois, and they, like many others, have been struggling to exist. They get a little money from the Illinois Krts Council: and up until this past year, they have been exempted from the requirement that their books be subjected to a CPA audit. Apparently, noW the ruling has come down thak their ticket sales have to be included as a contribution. And when you do that, they are just a little bit over the fifty thousand dollars khreshold that would trigger a CPA audit. They estimate that that audit is going to cost them about tWo thousand dollars a year, which is going to be a severe financial blow to such a small organization. So basieallyw what this bill doesr it is very narrowly drawn, and would allow that contribution -- or that Eicket sales not be included as a part of contributions, for purposes of this auditing Act. I would ask for your support. PRESIDING OFFICER) (SENATOR COLLINS) Any discussion? Senator Thomas Dunn.
Thank you, Madam. I Would like to tell the Senator, that have a blll to abolish bokh the Charitable Trusk Act and solicitation Act. And under that billy you will nok have to file an audit unless you exceed one hundred thousand dollars.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Schuneman.
Well, that's fine, Senator, and I have no objection Eo Ehat. Perhaps that bill wkll -- wkll pass, and perhaps it will not. I l37 STATE 0F ILLINOIS 86th GENERAL ASSPMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22,198' j have no objection to what you are wantkng to do. What I would like to do is pass this bill out of here; in the event your bill does not make it clear through: then hopefully thîs one would. It is drawn, I think, so very narrowly that it only applies to this one little summer theater.
PRESIDING OPFICER: (SENATOR COLLINS) Any further discussion? If not: Senator Schuneman moves to discharge the Committee on Executive from further consideration of Senate Bkll 587. Those in favor will vote hye. Opposed, Nay . The voting is open. Have all voted who wished? Have all voted who wished? Have a11 voted who wished? Take the record, Mr. Secretary. On that question, there are 47 Ayesg no Nays, 2 voting Present. The motion prevailedy and Senate Bill 587 Will be placed on the Order of 2nd Reading. On the Motion in Writing, Senate Cs1 :. 74. 6-9t.) Bill 597. Senator Raica. Read the motion, Mr. Secretary.
ACTING SECRETARY: (MR. MANRX) I move to suspend Senate Rule 5c, and that the Committee on Revenue be discharged froR further consideration of Senate Bill 596, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Raica.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Raica.
Thank you, Madam President and Ladies and Gentlemen of the Senate. The followin: suggested legislation was introduced by the Reynolds MeEals CorporaEion which is in my diskrict. Senate Bill 956 is drafted in order to rectify an inequity in the Enterprùse Zone Law. Presently a company must have at least two thousand employees in order to qualify for a sales tax exemption on various consumable products, in order -- and repair items, for a plant located in an Enterprise Zone. The inequity is clear. If you have nineteen hundred employees, you don't qualify. If you have l38 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 fkve thousand enployees and 1ay off three thousand, you qualify, because you met the magic number of two thousand. This bill does several things. First of all, it does not nake a distinction as to the number of employees, but it does state that you must retain at least ninety percent of the employees employed at the time of the exemptiony and retain them throughout the duration of the exemption. Secondly, it puts into Statute the requirement tbat the entity must expend at least forty million dollars on capital investments for their facilities. This means before they qualify for this exemption, they must prove that they have spent forty million dollars on depreciable items, as set forth by the current Department of Revenue and DCCA regulations. There is goinq to be approximately thirteen companies in Enterprise Zones that are going to be affected by this piece of leqislation, and I'd be happy to address -- or answer any questkons at this time.
PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? Senator Netsch.
Thank you, Mr. -- Madam President. Just to call attention to the points, thinkg that Senator Raica made. Again, it's -- some of it depends on how important you think the the Enterprise Zone Act ought to be designed for particular companies. And I think this is desiqned primarily for one company, although I gather there are several others wbo might qualify. The only concern that I really have about it at al1 is that we have already bequn to cut back on the idea that the companies that :et the benefits of the various Enterprise Zone advantages have to be addin: jobs. Now we are saying that not only do they not have to add, they don't even have to retain, except at the ninety percenk figure. And think that at least it raises some concern. IE would have been better if this had been heard in committee so that we could have explored tbis issue. I fully concede that it is l39 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGQLAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 combined with a requirement that the investment be at leask forty million dollars and that's obviously nok an inconsequential investment. So ik's -- again, khe major concern is that a matter like this ouqht to be talked out, and not just done on the Ploor khis way. PRESIDING OFFICER) (SENATOR COLLINS) Further discussion? Senator Raica, to close.
Thank you, Madam Cbakrman. We've worked really hard on this plece of legislation. We have talked to the United Steel Workers: the UAW and IMA to support this legislation, because it does gkve the ninety percent numbers as far as maintaining employees. As I stated during my comments, if you have a facility that has five thousand employees and khey 1ay off three thousandy they still meet the requirement. And a1l We are saying with this piece of legislation is that -- that number one, that you at least maintain ninety pereent of -- of your manning factor, and secondly, that you expend back to the State at least forty million dollars. I -- it's a qood good piece; *e worked hard on it, and I am just askin: for your support.
PRESIDING OPFICER: (SENATOR CQLLINS) Senator Raica moves to diseharge the Commitkee on Revenue from further consideration of Senate Bill 596. Those in favor will vote Aye. Opposed, Nay. Tbe zotkng ks open. Have all voted who wished? Have all voted who wished? Have all voted Who wished? Take the record, Mr. :ecreeary. On Ehat questionv there are 48 Ayesg no Naysy none voting Present. The motion prevailed, and Senate Bill 596 will be placed on the Order of 2nd Reading. Senator Joyce, for what purpose do you 'rise? On the Order of Motions in Writing, Senate Bi1l 597. Senator Raàca. Read the motion, Mr. Secretary.
ACTING SECRETARY: (MR. HAKRY) l40 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22z 1989 move to suspend a11 applicable rulese and to discharge the Senate Committee on Public Hea1th, Welfare and Corrections from further consideration of Senate Bill 597, and that the foreqoing bill be placed on the Calendar on the Order of 2nd Readïng. Signed, Senator Raica.
PRESIDING OPPICER: (SENATOR COLLINS) Senator Raica.
Thank you, Madan President and Ladies and Gentlemen of the Senate. What this does, it amends the Hospital Licensing Act and the Blood Bank Act to limit the designated donor programs by allowing a recipient of a blood -- of blood to designate a donor of his or her chokce, only for the purpose of receiving re6 blood cells. The blood will delete the sunset provision from this program in both Acts. And I ask for your favorable
PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? Senator Smith.
Thank you, Mrs. -- Madam President and Members of the Senake. 1'd like to ask my colleaguee firste a question. Why is Ehere such an emergency for this particular piece of legislation?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Raica. SENATOR RAICAI Senator Smkth. it ks my understandkng that there was a sunset provision on thls piece of leqislatione and okherwise, it's qoing to pass if we don't move with it.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Smith.
A -- there is a House Bill, which is 286, that's sponsored bekng carrked by Senator Watson. And it is identical to this l4l I STATE OF ILLINOIS 86th GENEKAL ASSKKBLX REGULAR SESSION SENATE TRANSCRIPT i 33:d Legislative Day May 22: 1989 bill. And the bill is also similar to House Bill 475, that Senator Watson also has. And this -- the public will be given an opporkunity in our committee - when ik comes to our committee - to hear khese bills, and it is khe same thing, and the people will be testifying. Why not get on the bill with your colleaque, Senator Watson, because it's identical? And if I remember rightg we Were sanctioned over here that it's not right to have identical bills. And so thfs is identical to what you are featurlng in this leqislation that you have. So therefore, I am opposed to Ehat bill, because it's just duplication, and I voke -- say khat we should Table this, and then let it qo with the House B1l1. There is two of them, identically the same that's coming over ko our committee. And it kould be a marvelous Ehinq kf you would get on that. It's already in our commiktee now. PRESIDIKG OPFICER: (SENATOR COLLINS) Senator Topinka. SENATOR TOPINKA : ïes. Madam Presidenk, Ladies and Genklemen of the Senate, sometimes I think the House has a tendency ko want to copy very qood proposals that come out of the Senate. This is a very good bill. More and more so, we find people who wish - for self-precaution in this day of somewhak questionable diseases that are ouk khere in the blood - to try and designate blood. This is a qood bill. I mean, just last Week: I think the Mayor of East St* Louîs said he had a problem like thisl had he had a bill like Bob Ralca's bill, there would be no problem and he Wouldn't have even had to worry about àt. So I would like to advocate this bill coming out ok committee. PRESIDING OFFICER: (SENATOR COLLINS) Senator Raica, to close. SENATOR RAICA: Thank you: Madam President and Ladies and Gentlemen of the l42 l STATE OF ILLINOIS 86th GENERAL ASSPMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislakive Day May 22, 1989 Senate. Thank you: Senator Topinka, for your kànd words. This -- when the original bill came ouk, was the sponsor of àt, and it *- it met some opposition. Mostly recently in the newspapers it was stated that, because of the type of -- of bill that it Was, guess there was some concern khat it would have deleted the blood banksf supply of blood, which in fact has increased five percent, they feel, beeause of Ehis type of leqislation. If there are some more bills coming over from the House, I mean: I am not opposed to supporting those also. I was the original sponsor on the bill, and I would just like to have the opportunity to amend my own bill. Therefore, I am just askkng for a favorable roll call.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Raica moves to discharqe the Committee on Publtc Health: Welfare and Corrections from further consideration of Senate Bill 597. Those in favor will vote Aye. Those opposed will vote Nay. The voting ts open. Have all voted Who Wished? Have all voted who wished? Have a1l voted who wished? Take the record, Mr. Secretary. On that questiong khere are 44 Ayes, Nays, none voting Presenk. The motion prevails, and Senate Bill 597 will be placed on the Order of 2nd Reading. Senate Bill 601. Senator Barkhausen. Read the motion: Mr. Secretary.
ACTING SECRETARY: (MR. WADRY) move to suspend Senate Rule 5cr and that the Committee on Local Government be dlscharged from further consideration of Senate Bill 601, and that it be placed on the Senate Calendar on the Order of 2nd Readlng. Filed by senator Barkhausen.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Barkhausen.
Mr. Presidenty Members. This is a bill that did have something of a hearing in Senator Holmberg's Local Government Committee, and it was held With the understanding that khere was l43 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 going to be an amendment lkmiting the applkcation of -- of this to I Lake County . It simply authorizes the County Board to raise the ! maximum Law Library fee imposed on cases filed in Lake Countyz from six dollars to ten dollars,N to support e'*' the Law oibrarv * there . . It's part of Lake Countyls legislative package. There is an understanding that the bill will be amended limit it to Lake County, and I ask for your support.
PRESIDING OPFICER: (SENATOR COLLINS) Any discussion? Senator Holmberg.
Thank you, Madam Chairman -- Madam President. I would affirm that we did ask for this amendment in Local Government Committeee and wikh that amendment, as Senator Barkhausen has promised he will append it to the bill, we would be in support of it.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen, to close. If not: Senator Barkhausen moves to discharge the Committee on Local Government from further consideration of Senate 3ill 601. Those in favor will vote Aye. Opposed, Nay. The voting is open. Eave a1l voted who wïshed? Have al1 voted who wàshed? Have all voted who Wished? Take the record. On that question, there are 40 Ayes, 4 Nays, 5 voting Present. The motion carries, and Senate Bill 60l will be placed on the Order of 2nd Reading. Senate Bill 603. S'nator Barkhausen. Read tbe motion, Mr. Secretary.
ACTING SECRETARY: (MR. HAPRY) I move to suspend a11 applicable rules, and Eo discharqe the Senate Committee on Judiciary from further consideration of Senate B#11 6:3, and tbat the Eoregokn: bill be placed on the Calendar on the Order of 2nd Readinq. By Senator Barkhausen.
PRESIDING OFFICER: (SENATOR COLLINS) senator Barkhausen. SENATOR BARKHAUSEN: 1 t l44 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Mr. President and Members, thank you for letting'me break my record streak there. This bill is sponsored by myself and Senator Jacobs and Senator Hawkinson, at the request of a couple of different utilitàes who are interested in having the ability to have a committee of their soard of Direckors, rather than the full Board of Directors, authorlze the issuance of dividends and dividend rates, under cerkain circumstances. It is a technical amendment to the Business Corporation AcE that is supported by the Secretary of State's BCA Advisory Committees and we ask for your support.
PRESIDING OFFICER: (SENATOR COLLINS) Any diseussàon? If not, Senator -- I am sorry. Senator Barkhausen moves to discharqe the Committee on Judiciary from further consideration of Senate 3ill 603. Those in favor will vote Aye. Opposed: Nay. And the voting is open. All voted who Wished? All voted who Wished? A11 voted who wished? Take the record. On that question, there are 42 Ayes, 5 Naysr l votins Present. The motion prevails, and Senate Bill 603 will be placed on the Order of 2nd Reading. Senate 5i1l 6-6-1. Senator J.J. Joyce. Read the motion: Mr. Secretary.
ACTING SECRETARX: (MR. HARRY) I move to discharge the Committee on Judiciary from further consideration of Senate Bill 661, and that the bàll be read a second time, and placed on the Calendar on the Order of 3rd Reading. Signed, Senator Jeremiah Joyce.
PRESIDING OFFICER: (SENATOR POLLINS) Senator Joyce.
Thank you: Mr. Presàdent and Members of the Senate. Senate Bill 6-6-1 amends the Living Wi11 Act and the Illinois Power of Attorney Act. Under Ehe presenE Act, the principal may delegate to an agent the authority to make a broad range of health care l45 STATE OF ILLINOIS 86th GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 33nd Legkslatkve Day May 22# 1989 deciskons, including the power to withhold or to witbdraw life-sustainin: treatment. Notwithstanding the principles, medical condition and diagnosis, the bill will provide that a specific notice be given to the patient -- prospective patient, and that it would be applicable only in situations involving terminal illness and is set out in the bill - the eopy of the specific direction that is to be given prior to obtaining the signature, so that the patienk then would know if there is a situation as to arise in which food or hydrakkon is to be withbeld, you would know specifically what the consequences of that withdrawal or withholding would nean.
PRESIDING OFFICER: (SENATOR COLLINS) Any dàscussion? If not, Senator Joyce moves that -- to discharge the Committee on Judiciary from further consideration of Senate Bill 6-6-1. Those in favor will vote Aye. Those opposed wkll vote Nay. The voting ks open. Have all voted who Wished? Have all voted who Wished? Have all voted Who Wished? Take the record, Mr. secretary. On that question, there are 32 Ayes, 10 Nays, 2 voting Present. The motion prevails, and Senate Bill 6-6-1 will be placed on the Order of 2nd Reading. Senate Bill 674. Senator Raica. Read the bill, Mr. Secretary.
ACTING SECRETARV: (MR. HARKX) I move to suspend Senate Rule 5c, and that tbe Committee on Insurance, Pensions and Licensed Activlties be discharged from further consideration of Senate Bill 674, and that it be placed on *he Senate Calendar on the Order of 2nd Readinq. Filed by Senator Raica.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Raica.
Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 674 would be amended on 2nd Reading. And 146 I STATE OF ILLINOIS 86th GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22p 1989 wbat wesre attemptin: to do wktb this is this would be a Paramedic Lilensing bill. Currenkly, we have negotiations that are going on between the nurses and the paramedics to try and -- and solve a 1ot of the differences that both have concernin: either licensure or some problems that bhey have wikhin the EMS Act relakin: to the paramedic field. I have assured the -- the Chairman of Insurance that I would not move this bill off of 2nd Readlng, and I have assured my Minority Spokeslan that I would not do thak. I would jusk like to have the opportunity to have it brought to 2nd Readinq for an amendment, and just to keep somethinq alive out there to keep negotiations going. PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones. i SENATOR JONES: Yes. Thank you, Madam President. I support the gentlemanfs motion, and as he indicated, they are trying to resolve an issue, so tbe bill would be held on 2nd# and if need be, an amendment offered at a later date. But it will be held on 2nd. I support his motion. PRESIDING OPPICER: (SENATOR COLLINS) Any further discussion? If not, Senator Raica moves to discharge the Committee on Insurancee Pensions and Licensed Activities from further consideration of Senate Bill 674. All those in favor gill vote Aye. Opposed will vote Nay. The voting is open. Have al1 voted who wished? Have all voted Who Wisbed? . Have all voted Who wished? Take *he record. On that question: khere are 35 Ayesz 11 Naysy 1 voting Present. The motion prevails, and Senate Bill 674 Will be placed on the Order of 2nd Readinq. Senate Bill 676. Senator Topinka. Read the bill, Mr. Secretary . ACTING SECRETARY: (MR. NANRY) I move ko suspend Senate Rule 5c, and that khe Committee on l47 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE QRANSCRIPT 33rd Legislakive Day May 22: 1989 Executive be discharged from further consideration of Senate Bill 676, and that it be placed on the Senate Calendar on the Order of 2nd Reading. eiled by Senator Topinka.
PRESIDING OPFICER: (SENATOR COLLINS) Senakor Topinka.
Yes. Madam President and Ladies and Gentlemen of the Senate, all this bill does is allow the Village of Riverside ko create the Riverside Civic Center Authority, and establishes a seven-member board, which is basically the Village Board. It is really the only way that the Village of Riverside can really participate in any of khis because is so landloeked closed and has no business. So I would ask for your postive vote.
PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not, Senator Topinka moves to discharge the Committee on Executive from further consideration of Senate Bill 676. Those in favor will vote Aye. Opposed, Nay. The voting is open. Al1 voted who wished? Al1 voted Who wish? All voked who wish? Take khe record, Mr. Secretary. On that question: there are 50 Ayes, no Nays, none votàng Present. The motion carries: and Senate Bill 676 Will be placed on the Order of 2nd Reading. Senate Bill 677. Senator Raica. Read the bill, Mr. Secretary. ACTING SECRETARV) (MR. NANDY) I move to suspend Senate Rule 5c: and that khe Committee on Transportation be discharqed from further consideration of Senate Bill 677, and khat it be placed on khe Senate Calendar on the Order of 2nd Reading. Filed by Senator Raica.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Raica.
Thank you: Madam Presàdent and Ladàes and Gentlemen of the l48 STATE OF ILLINOIS 86th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33:: Legkslative Day May 22, 1989 Senate. What this bill would do is amend the Vehicle2Code, What I hope to do on 2nd Reading, if this bill is discharged, is put an amendment on tbe bill, and the bill would become -- or khe amendment would become the bill. And all itdll do is give clarification where license plates are concerned, that there would be no smoke-tinted or clear-covered -- covering whatsoever on a license plate, and this bill Was put in at the request of some police officers who have a hard time when they're trying to follow a vehicle. They have to get up close to the vehicle to try and read the license plates' and I really don't know of any opposition to this billz and ask for your support for a Motion to Discharge.
PRESIDING OFPICER: (SENATOR COLLINS) Any diseussion? If not -- Senator Xelly.
Thank youe Madam Chairman, Members of the Senate. I donlt have any problem with this bill, but I know last year we moved leqislation Senator Topinka sponsored on the tinted windshieldsy and I have found out since that we didn't stop the manufacturers and the dealers from making that product. And I hope there isn't any problem with this, that we are going to stop people from havin: themz but yet we allow them to be sold. Other than thaty 1'11 suppork your bill -- motion.
PRESIDING OFEICER: (SENATOR COLLINS) Senator Raica, to close.
just ask for -- for an Aye vote on the Motion to Discharqe, Madam president.
PRESIDING OFPICER: (SENATOR COLLINS) Senator Raica moves to discharge the Committee on Transporkakion from further consideration of Senate Bill 677. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wished? Have a11 voted who wished? Have all l49 STATE OF ILLINOIS 86th GENERAL ASSEMNLX REGULAR SESSION SENATC TRANSCRIPT 33rd Legislattve Day May 22, 1989 voted who Wished? Take the record, Mr. Secretary. On that question, there are 46 Ayes, 2 Nays, none voting Present. The motion prevailed, and Senate Bill 677 will be placed on the Order of 2nd Reading. Senate Bill 678. Senator Raica. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. NADRY) I move to suspend all applicable rules, and to discharge the Senate Committee on Insurance, Pensions and Licensed Activities from further consideration of Senate Bill 678, and that the foregoinq,bill be placed on the Calendar on the Order of 2nd Reading. By Senator Raica.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Raica.
Thank you, Madam President and Ladies and Gentlemen of the Senate. This bill was brought to my attention by a lot of constituents within my district. And what it would do is amends An Act concerning certain rights of medical patients; provides that if a hospital requires that a patient pay the hospital in full or in part for services rendered to the patient, pending the hospital's receipt of payment for the services from an insurance company or other third party payor, the hospital nust reimburse the patient Within fourteen days after it receives payment for the services from the third party payor. I quess one of the problems that they have had is hospitals are requiring that patients pay ahead of time when they use an emergency room facility or go into a hospital, and then when the hospital receives their payment fron the insurance company, what happens is the hospital at some point holds that payment for about sixty to ninety days. And all I am asking is Ehat the patients be reimbursed at...
PRESIDING OFFICER: (SENATOR COLLINS) Por what purpose does Senator Demuzio arise? 150 SQATE OF ILLINOIS 86th GENEKAL ASSRMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 SENATOR DEMUZIOZ You know, I've been sitting here al1 day, very -- attentively looking at khe bàlls. Senator Raica, your bill's already on 3rd Reading.. You guy: ought to get your act together over there. If you look on Page 24, you see that Senate Bill 678 is on the Order of 3rd Reading, and we are talkinq about Discharge Motions about bills that are already on the Calendar? We are going to be here till midnight.
PRESIDING OFFICER: (SENATOR COLLINS) Senator -- Senator Raica.
Thank you, Senator Demuzio. guess what they wanted to do, since the bill Was so good it Was going to change Western Civilization as we know it today - they just want ie heard twice.
PRESIDING OPPICER: (SENATOR CQLLINS) Take it out of khe record. Okay. Senate Bill 683. Senator Maitland. Read the bill, Kr. Secretary.
ACTING SECRETARI: (MR. WARRV) move to suspend all applicable rulesy and to discharge the Senake Commiktee on Judiciary from further consideration of Senate Bill 683, and khat the foregoing bill be placed on the Calendar on the Order of 2nd Readinq. By Senator Maitland.
PRESIDING OFPICER: (SENATOR COLLINS) Senator Maitland.
Thank you very much, Madam President, Members oi the Senate. Senate Bill 683 seeks to -- to bring about -- to exclude from liability, physicians who are providing free service at free clknkcs. Presently a -- a who physician recekves no compensation whatsoever for medical services - be it pension or for medical services - can be exempt from civil liability. This sinply extends the provision to physicians who are willinq ko give their l51 STATE OF ILLINOIS 86th GENCRAL ASSRMRLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 time and free service to these clknkcs. I think it is a loqical extension of the lawe and I would seek your support.
PRESIDING OPFICER: (SENATOR COLLINS) Any diseussion? Senator Hawkinson.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR COLLINS) Indicates he will yield.
Does this exempt ealaried physicians?
PRESIDING OFPICER: (SENATOR COLLINS) Senator Maitàand.
Senator, I am advised it does not apply to them .
PRESIDING OFPICER: (SENATOR COLLINS) Further discussion? Senator Severns.
Would the sponsor yield for a question?
PRESIDING OFFICER: (SENAQOR COLLINS) He indieates he Will yield.
Senator Maitland, currently, in many counties throughout the Statey or especially downstate counties, there are physicians who are providlnq services ak no cost to county health facilitiesr as it relates with vaccinations required by -- by our State, as it relates to students -- especially young students in schools. Physickans who have given their time, are noW hesitant to qive their time, because they don't want to have any liability assigned agaànst them. Welve discussed this with Dr. Turnock, Who says that - at least a few Weeks ago, When I discussed the makter With him he says there was no cure or no noehing to remedy this problem. Would this address that problem? l52 STATE OP ILLINOIS 86th GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
PRESIDING OFFICER: (SENATOR COLLINS) Senator Maitland.
Thank you, Madam President. If ik is a not-for-profit corporation or entity, it Would. It would apply. That's what we are talking about. We are not talking about hospitals. Not talking about anything làke that. But it is a not-for-profit entiky within the couney, then it would apply.
PRESIDING OFFICER: (SENATOR COLLINS) Any further discussion? If not, Senator Maitland moves to discharge the Committee on Judiciary from further consideration of Senate Bill 683. Al1 those in favor will vote Aye. Opposed, voke Nay. The voting is open. Eave all voted Who wished? Have all voted who wish? Have a1l voted who wish? Take the record, Mr. Secretary . On that question, there are 42 Ayes, no Nays, none voting Present. The motion prevails, and Senate Bill 683 will be placed on the Order of 2nd Reading. Senate Bill 685. Senator Kustra. Read the motion, Mr. Secreeary.
ACTING SECRETARY: (MR. HAKRY) I move to suspend Senate Rule 5c, and that the Commlttee on Executive be discharged from further consideration of Senate B&lI 685, and khat lt be placed on the Senate Calendar on the Order of 2nd Reading. Signed by Senator Kustra.
PRESIDING OFFICER: (SSNATOR COLLINS) Senator Kustra. SENATOR KUSTRAI Thank you, Madam President, Members of the Senate. In the aftermath of the Laurie Dann incident in Winnekka last year, and the California school shootings, school boards in Illinois became concerned about their ability to discuss in private what kind of security measures they Would take should such a traqedy eMer befall them. Under the Open Meetings Act in Illinois, it is not l53 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legtslative Day May 22: 1989 possible for a school board to discuss -- dlscuss the provision of security measures. It is possible under Illinois 1aw for -- campuses, for instikutions of higher learning, to discuss security measures like this, and so whae we're doing is providinq another exemption which makes it unkform for higher education and elementary and secondary education, so they can discuss these very sensitive makters behind close doors. I would ask for your support.
PRESIDING OFPICER: (SENATOR COLLINS) Any discussion? If not, Senator Kustra moves to diseharge the Committee on Executive from further consideration of Senate Bill 685. Those in favor will vote Aye. Qpposed, Nay. The voting is open. Have all voted who wished? Have al1 voted Who wished? Have all voted kho wished? Take the record, Mr. Secretary. On khat question, there are 43 Ayesy Nayse none voting Present. The motion prevails, and Senate Bill 685 will be placed on the Order of 2nd Reading. Senate Bill 694. Senator Topinka. Read the motion, Mr. Secretary.
ACTING SECRETARX: (MR. HANRV) I move to suspend Senate Rule 5c, and that the Committee on Executive be discharged from further consideration of Senate Bill 694, and Ehak ik be placed on the Senate Calendar on the Order of 2nd Reading. The motion filed by Senaeor Topinka.
PRESIDING OPPICER: (SENATOR COLLINS) Senator Topinka.
If I may, Madam President, Ladies and Gentlemen of the Senatey this bill modifies the Crimànal Code to allow the Publie Contracts Seceions ko require a contractor's certification to be -- required only on bids of conkracts of ten thousand dollars or more. The problem came throuqh our municipal associations in the suburbs - and I am sure that probably others throuqhout the State too - that l54 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Leglslative Day May 22e 1989 when we put a -- a mandatory necessàey for them to bid on just about everything, that it kind of stopped traffic. It has become so spectfic that they can't really proceed. This was basically dkrected at -- ak contractingy and as a result this probably makes more sensey as it points to the construction coneracts that are involved here. So I would seek your favorable vote.
PAESIDING OPFICER: (SENATOR COLLINS) Any discussion? If not: Senator Topinka moves to discharqe the Committee on Executive from further consideration of Senate Bill 694. hl1 in favor wi1l vote Aye. Opposede Nay. The votin: is open. Have a1l voted who wished? Have a11 voted vho wished? Have all voted who wished? Take the record, Mr. Secretary. Qn that question, there are 46 Ayesr no Naysy 2 voting Present. The motion carries, and Senate 3i11 694 Will be placed on the Order of 2nd Reading. Senate Bill 720. Senator Macdonald. Read the motion, Mr. Secretary.
ACTING SECRETARY: (MR. HAPRY) I move to suspend Senate Rule 5c, and that ehe C/mmittee on Public Eea1th, Welfare and Corrections be öischarged from further consideration of Senate Bill 720, and that it be placed on the Senate Calendar on the Order of 2nd Reading. By Senator Macdonald .
PRESIDING OPPICER: (SENATOR COLLINS) Senator Macdonald.
Thank you, Madam President. Senate Bkll 72Q is a bill that has been requested by the Citizens' Council on Women. It is the second time that we have asked to have this bill passed. The first timee which WaB tWo years ago, the Departments, of course, objected, saying that lt was unaffordable. But time marches on# and there is greater and greater need for this kind of legislation. This bill includes hospïtal-based sick child care l55 STATE OF ILLINOIS 86th GENERAL ASSEMBLI REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 programs in the definition of day care, and it requires the Departmenk of Children and Family Services to provide by rule for the licensure and regulation of any person, qroup of persons or corporation which provides in-home sick child care services for a child or transporkation services for children. As more and more women have to go out and work, they have to Jepend and rely on others Eo provide special services for their children. I -- this bill: we feel, is very, very urgene, and We would like to have it discharged for further consideration.
PRESIDING OPPICER: (SENATQR COLLINS) Any discussion? Senator Kelly.
Thank youz Madam President. I -- I donêt see why a hospital which is performing community service for parents whose children are temporarily sick - cannok attend reqular day care - should be forced to have a license as a day care center. I understand that this bill -- similar bill was held in the House committee as being vigorously opposed by the Illinois Hospital Associationv and oppose ik.
PRESIDING OPPICER: (SENATOR COLLINS) Any further discussion? If not, Senator Macdonald may close.
Thank you, Madam President. I have heard nothing from the Hospital Association Dn this particular piece of legislation, nor did I hear about it -- I was the sponsor kwo years ago. If they do oppose it, I have no* heard about it. I certalnly do not doubt my good friend on Ehe oEher side of the aisle. He probably bas more informatàon than I do on it. There are yntrepreneurs who are startin: these prograns in hospitals, and certainly these people should be under surveillance, just as others who take care of our children. We have found that out time after time after time in our courks. So I urge your release of khis particular piece of l56 STATE OF ILLINOIS 86th GENERAL ASSEMALV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 legislation. PRESIDING OFFICER) (SENATOR COLLINS) Senator Macdonald moves to discharge the Committee on Public Health, Welfare and Corrections from further consideration of Senate Bill 720. Those tn favor will vote Aye. Opposed, Nay. The voting kB open. All who voted wbo wisbeG? h1l Who voted Who wisbed? All who voted who wished? On that question -- take the record, Mr. Secretary. On that question, there are 36 Ayes, 7 Nayse 2 votinq Present. The motion carries, and Senate Bill 720 will be placed on the Order of 2nd Reading. Senator Xustra -- skip. Senate Bill 755. Senator Barkhausen. Senator Barkhausen. 7-5-5. Read the motion, Mr. Secretary.
ACTING SECRETARY: (MR. HAPRY) I move to suspend a1l applicable rules, and to discharge the Senate Committee on Judieiary from further consideration of Senate Bill 755, and that the foreqoing bill be placed on the Calendar on khe Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFPICER: (SENATOR COLLINS) Senator Barkhausen.
Mr. Presidenk and Members, this is a serlous attempt to qet at the problem of drugged drivinq. We have, over the last several years, I believe - under the leadership of our Secretary of State - done, collectivelyy I think a commendable job of attacking the problem of drunk driving. But we know what the incidence is of illegal dru: use in this State; we know it's wkdespread, and yet there are remarkably few convictions for driving under the influence of drugs. 0ne of the reasons is that there are no clear standards to determine when one is under the influence. This bill does three different things in this area. One, is prohibits a person from driving a mokor vehiele with any amount of àllegal druqs in his blood or urine. Secondlyv it provides for the same l57 S'ATC OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 sort of summary suspension for failure to pass a a drug test a blood kest or a urine test, as We now apply to -- in the situations of those who fail or refuse to take breathalyzer kests. It specifically authorizes laW enforcement officials, khere they have reasonable qrounds to believe that a person may be drivinp under the influence of druqs, to conduct a blood or urine test for those individuals who may pass a breathalyzer test, beeause in those situations they are under the influence of drugs and nok alcohol, naturally they would pass a breathalyzer test, but where there is reasonable grounds to believe that tbe individual may rather be under the influence of drugs as opposed to alrohol, this additional test can be conducted. And finally, it removes the presumption thak now exisks that one is not under the influence of alcohol when one tests under .05. The problem belng that under current law: those who are under .05 may, in fact, be under the influence of drugs rather than alcohol, and the fact that they have this presumption in their favor can work to their benefit in a -- in defendin; against a charge that they are under the influence of druqs rather than alcohol. This bill is an attempt to follow up on khe Governor's call in his State of the State Address that we idenkify and approve measures that will help to combat the very serious problem of driving under the influence of drugs. be happy to answer any questionse and otherwise ask for your support. PRESIDING OFFICERI (SENATOR COLLINS) Any discussion? Senator Thomas Dunn.
Thank you. Madam President. A question of the sponsor, if he will yield.
PRESIDING OPFICER: (SSNATOR COLLINS) He indicates he will yield.
l58 STATE OF ILLINOIS 86th GENEPAL ASSKMBLY REGULAR SESSION SENATE TRANSCRIPT 33r6 Legislative Day May 22, 1989 Senator Barkhausen, how does this bill dtstinguiah between illegal controlled substances and prescripkion druqs?
PRESIDING OPPICER: (SENATOR COLLINS) Senator Barkhausen. SENATOR BARKHAUSBNI Well, it provides for a penalty only for those drugs that are illeval. Obviously there Would be a defense if one is -- is under a prescription of some kind. Just as there may be a defense for beinq under the influence of sone substance when one is -- some legal substance -- some prescribed substance, When one is charged with driving under the influence of alcohol.
PRESIDING OFPICER: (SENATOR COLLINS) Senator Dunn.
'hank you. Since the prescription would be hearsay, that would require me eo bring in the physician to testify at my Secretary of Staee hearing, and also at the criminal levelz would it not?
PRESIDING OPFICER: (SENATOR COLLINS) Senakor Barkhausen.
Senator Dunn, you may be more of a trial lawyer than I am# but would think that a prescripeion would be adnissible under the Business Records Exception or Medical Record Excepkion of the gearsay Rule.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Dunn. SENATOR THOMAS DUNNI I -- I would submit to you that would not. Tbe indkvidual who is arrested ls not eonducting a business, and it would not be admissible. The other question I have for you isr what do you do abouk resldues in the blood system khat have a tendency to remain 159 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Lesislative Day May 22, 1989 in the blood system for a fairly long period of time?
PRESIDING OFFICER: (SENATOR COLLINS) senator Barkhausen.
I -- I understood the comment. am not sure I caught khe question.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Dunn.
The questlon is# what do you do with medications khat remaàn in the blood system for a long period of time after the individual has stopped taking them?
PRESIDING OFFICER: (SCNATOR COLLINS) Senator Barkhausen.
Well, if. in fact, you are talkàng about a medication, tbe individual would have khe same defense that we were talkinq about a moment ago. Are you talking about something other than medication?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Dunn. Furkher discussion? Senator D'Arco.
Thank you, Madam Presldent. This is a seriou: problem. What do you do with somebody who is driving a car under the influence of drugs? Nobody wants that situation. Everybody wants to have that person's lieense kaken away from hlm, or suspended: but this law does -- this 1aW ts not consistent with the drunken driving law in the State of Illinois. What this 1aw says is khat any residue -- any residue - the smallest amount that's in a person's system - is enouqh to convict them under this Statute. Now that perspn may have taken a drug tWo Weeks prior ko driving the car and being stopped by the policeman and bein: charged with driving l60 S'ATP OF ILLISOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 under the influence of drugs. And if the residue shows up in -- in his systemz he is going to be found guilty under this Statute. That's not fair. If a person drinks an alcoholic beverage two days prior to driving a vehicle, and then he's stopped by a policeman and khe blood-level content shows him to be .05 or .04 or .03, he is not found guilty of driving under the influence. So why should a person who smokes a marijuana cigarette two weeks before heds driving a vehicle and charged and questioned, be found guilty? ehat's not conslstent. To be honest with you, I donlt how you attack this problem. Maybe you should require that there be ''XH amount of khe substance in his system at the time that he's charqed, but any amount thak includes the nost minute amount. You are talking about almost nothing that can be in his system, and he is goin: to be found guilty. That's not fair to this person.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Relly.
Yes: I'd like to ask Senator Barkhausen a question.
PRESIDING OFFICER: (SEHATOR COLLINS) He indicates he Will yield.
I notice that you eliminate the presumption of sobriety for a blood-alcohol contenk of .05 or less. What is your purpose in trying to kake this out of the Stakutes?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen.
The purposee Senator. as has been explained to me by those who are practiced in both prosecuking and defendin: these cases, is that the presumption in in favor of the defendank in cases where the blood-alcohol level is under .05 operates to his favor l6l STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislakive Day May 22, 1989 ln a -- in a charge of drivinq under *he influence of alcohol. But it can also -- ik can also be used where the individual is charged with driving under the influence of drugs, and the individual may be very much under the influence of drugs, but because he hasn't been drinking, he'd register under .05, and would have ehat evidence in his favor.
PRESIDING OFPICER: (SENATOR COLLINS) Further discusston? Senator Hawkinson.
Thank you, Madam President. Question of the sponsor.
PRESIDING OFPICER: (SENATOR COLLINS) He indicates he will yield.
Senator: are you willing to leave the presumption in for driving under the influence of alcohol cases, and perhaps deal with the presumption in -- in the driving under the influence of druq cases by separate jury instructions? Buk -- I understand the confusion you are talking about in drivinq under khe influence of drugs, but also don't see any reason ko take it out in driving under the influence of alcohol cases.
PRESIDING OFEICER: (SENATOR COLLINS) Senator Barkhausen.
It sounds like a sensible suqgestion, Senator. I'd be happy to entertain an amendment to that effect. PRESIDING OFFICERZ (SENATOR COLCINS) Purther discussion? Senator Jacobs.
Thank your Madam President, Ladies and Gentlemen. think that with a1l these bills we appear to be debating the merits of the issue, rather than whether we are going ko discharge. I donlt know. I am getting to the poink eo Where let's just go ahead and l62 STATE OF ILLINOIS 86th GENERAL ASSEMNLV REGULAR SESSION SENATE TRANSCRIPT 33:d Leqislative Day May 22, 1989 make one motion to approve them all and get out of here.
PRESIDING OFFICER: (SENATOR CQLLINS) Senator Barkhausen. Any further discusskol? If notz Senator Barkhausen, to close.
Very quickly: in closing, Mr. Preskdenty just to try to respond briefly to Senator D'Arco's point that, yes this does involve a zero eolerance, and the reason for thak is both because we are talking about a serious offense - usin: these illegal substances in the fitst place. But also because as you suqgest, there is no good standard. Do you -- you can't come up with ehe saRe kind of percentage standard that operates in the alcohol context. But mainly to answer your point, I would poink out that there has to be - as there is in the alcohol context - there haB to be a reasonable grounds to stop the individual in the first place. If you or blow a -- a stop sign, for example, and we are not otherwise behaving erratically, so as to suggest we might be under the influence of something or other, then I would suggesk to you that no officer is goinq to -- going to ask khat we take a breathalyzer kest, nor even more so would they go to the additional troubl: and expense, witb a11 that is involved, of requesting a blood and urine kesky whicb is expensive and more inconvenienk than requesting a breathalyzer tese. So for a11 of these reasons, I think that this is the most that We can do to kry to 9et at this serious problem that the Governor called our attention to back in the State of the State -- his State of the Skate Address. And I ask for your support.
PRESIDING OEEICER: (SENATOR COLLINS) Senator Barkhausen moves to discharge the Commiktee on Judiciary from further consideratlon of Senate Bi11 7-5-5. A11 those in favor will vote Aye. Opposed, Nay. The voting is open...tmachine cutoffl...Have all voted who wish? Have all voted l63 STATE OF ILLINOIS 86*h GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 who wish? Have a11 voted who wished? Take the record, Mr. Seeretary. On that question, there are 28 Ayes, 11 Nays, 4 voting Present. The motion fails. Senator Barkhausen. Senator Demuzio.
Wellr I just wanted to point out to everybody it's almost flve o/clocky and we have only got eighty-nine more motions to go, and I ehink we are really going to it eoday.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Barkhausen on 757. Read the motion, Mr. Secretary.
ACTING SECRETARY: (MR. KAQRX) I move to suspend al1 applicable rules, and to discharge the Senate Commikkee on Judiciary from further consideration of Senate Bill 757: and that the foregoing bill be placed on the Senate Calendar on the Order of 2nd Readinq. By Senator Barkhausen.
PRESIDING.OFFICER: (SENATOR COLLINS) Senator Barkhausen.
ïou have the answer on that -- Mr. President and Members, this bill is a likkle more straightforward, and think almost as compelling. It raises the maximum allowable misdemeanor fines under our Criminal Code, which are noW set at one thousand dollars for a Class A misdemeanor and five hundred dollars for a Class B misdemeanor. And it raises them -- it doubles them, respectivelye from one thousand to two thousand for a Class A misdemeanorr and from five hundred to a thousand dollars for a Class B. It has been poineed out that these maximum fine levels were last set approximately ten years ago, and this raises khem both to address khe impact of inflation and also to give courts a stronger alternative to imprisonment for misdemeanor crimes or to qive khem this additional option khat might be imposed in addition to some brief period of imprisonment. I ask for your support. PRESIDENT ROCK) l64 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 Diseussion? Is there any discussion? If not, Senator Barkhausen has moved that the Committee on Judiciary be discharged from further consideration of Senate Bill 50 -- 757. Those in favor kil1 vote Aye. Opposedv vote Nay. The voting is open. All voted who wish? A1l voted Who wish? Al1 voted who wish? Take the record. On that question, there are 29 Ayese Nays, 4 voting Presene, and the motion fails. Top of Page 66. Motion in Writing with respect to Senate Bi11 759. Read the motion.
ACTING SECRETARY: (MR. HAQRY) I move to suspend Senate Rule 5c: and that the Committee on Elementary and Secondary Educatlon be discharged from further consideration of Senate Bill 759, and that it be placed on the senate Calendar on the Order of 2nd Reading. Filed by Senator Watson.
Senakor Watson.
Xes. Thank you, Mr. President. I don'k know about you, but over the last several years I have gotten letters from kids in my distriet asking me who Casimir Pulaski is. Especially khis year, I got letters who are simply saying We didn't celebrake Lincolnfs Birthday, we didnft celebrate Washinqton's Birthday, but Me had -- I believe it was March 3rd or some date, that -- which *e took a day off school for Casimir Pulaski. Now don't know if I was here when we passed the the method by which Casimir Pulaski is now celebrated. But before that - prior to thaty from 1978 to 1985, Casimlr Pulaski was considered a aommemorative school holiday. In 1985 thene we passed a bill in which it said that it would now become a legal holiday for schools and also banks. They would close on the first Monday of March to celebrate and honor Casimir Pulaski. Now I am not opposed necessarily to Casimir Pulaski as an individual, but I do think that when we don't even l65 STATE 0P ILLINOIS 86th GENCRAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 33:; Legkslatkve Day May 22, 1989 honor one of the great Presidents of thàs country, Abraham Lincoln, during some years -- and do honor khis gentleman, I think that We sometimes have our priorities maybe a little mixed up. What happens is if we paos this legislatione a11 local diotricts could still designate a particular day as Casimir Pulaski or whatever day they wàsh they could name as a particular day to celebrate. That would be a local decision; even banks could close. That would be local, but we are taking it out of the statewide provision and making it a more local issue. We are also saying with this legislation that the first Monday in March would be considered American Hero's Day. And on that particular day, the local schools could then celebraee whichever American Hero, Local Hero, State Hero, whoever they wish. They could have an assembly and honor that individual. I just think that this is a reasonable approach, and ik's not -- believe me, I am nok opposed to the individual involved, but I juse think the concept needs to be addressed in a more elear manner so the kids of this State will have a better idea whak We're doing up here. Thank you, and Ifd be glad to answer...
All right. Senator Watson has moved to discharse the Committee on Elementary and Secondary Education from further consideration of Senate Bill 759. Discussion? Senakor Lechowicz.
Mr. Presideney Ladies and Gentlemen of the Senate, stand in opposition to this Motion to Diseharge. believe that this General Assemblyw both the Senate and the House, wisely chose to make Casimir Pulaski Day a commemorakive holîday and khen We also chose to make it a bank and school holiday. I think that it is important that the school cbildren of this State and also the bankinq eommunity and any other community realize the importance and kheir contributions of many ethnic individuals, whodve made 166 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 this country great. Casimir Pulaski, if the qentleman doesn't know 1t# was the father of the American Calvary, gave his utmost in the cause of freedom for this country in giving his life in Savannah: Georgia. If you Want a little more informatkon about it, Senator Watson, I'd be more than happy to give ik to you. Buk think it is really a situation Ehat we have only started to recognize and contribute, as a nation, of the importance of the various ethnic groups that make this -- mosaic of Anerîca. For this reason, I stand in opposition to the Motion to Discharge on this bill. And there is another one alonq the same general subject matter, a few bills down on the Calendar; 1111 be speaking on that one as well. Thank you.
Further discussion? Senator Kelly.
Thank you, Mr. President. I reluctantly rise to support the motion. I had some of the sane concerns that Senator Waeson had when I found out that the children were not qetting off on Abraham Lincoln's Birthday. Abraham Lincoln, in Illinois, ouqht to be really somebody extra specialz and I was proud When I supported for a Casimir Pulaski Day, because he was a great patriotz and deserves al1 the respect ve can give to him. But I don't want hïm to take away Abraham Lincoln's Birthdayz and I don't want Martin Luther King or anybody else to take away from the honor that's given here. 1 think thks ks a good proposal, and maybe it's one of them that should have come up before we even moved ko any honorariums at all. But I will support it, but just for that fack.
Further discussion? Senator Watson' you wish to close?
Thank youy Mr. President. Senator Lechowicz, this is not an l67 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 ethnic statement by any means. This is not to be construed as that by any means whatsoever. I just think it would make better sense for -- letls say the people of Chicago. If they wish to have a Earold Washington Day, they may do so. If the people of Oak Park want to have a Prank Lloyd Wright or an Ernest Heminqway Day: they may be able to do so. If the people of Dixon Want to have a Ronald Reagan Day, they should be able to do so. If the people of Galesburg want to have a Carl Sandburg Day, they should be able to do that. If the people of East St. Louis Want to have a Jackie Joyner-Rersee Day, they oughk to be able to do that. That's what this legislation says. It Will have an opportunity to do that in their local communities. I think it is a good idea and a good approach, and I think it ought to pass. Thank you.
Question is, the Motion to Discharge Senate Bill 759 from further consideration by the Elementary and Secondary Education Committee. Those in favor of the Motion to Discharge will vote Aye. Opposed will vote Nay, and the voting i: open. A11 voted who wish? A1l voted who wish? Have a11 voted who wish? Take the record. On that question, there are 27 Ayes, 18 Nays, and the motion fails. 763. Senator Mahar. Read the motionz Madam Secrekary.
I move to suspend all applicable rules, and to discharge the Senate Committee on Local Government from further consideration of Senaee Bill 763, and thak the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Mahar. PRESIDENT ROCK) Senator Mahar. SENATOR MAHhK: Thank you, Mr. PresidenE, Members. During the past couple years, the MSD - the Metropolikan Sanitary District, and I am l68 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslatkve Day May 22, 1989 sorry I don't know what their new name is - buk the MSD is doing some, I thinkz remarkable things to promote potential development of land along the Desplaines River, the I&M Canalz the Cal-sag Channel, the Sanitary and Ship Canal. In fact, last year, Senator Degnan and I co-sponsored a bill that would allow for a ehange in the terms of MSD leases from a maximum of fifty years to ninety years. The sole purpose of tbat Was to assist in khe development of these lands. Since then it has been pointed out by my municipalities Who have an interest in this area: that the Statutes allow the Mekropolitan Sanitary Districk to retake this leased property Without compensation. This bill would continue to allow them to retake the property, but Would require them to compensate the lessees for their investment and loss. Without this bill, there will be absolutely no development along these waterways.
Discussion? Is there any dkscussion? If nok, Senakor Mahar has moved to discharge the Committee on Local Government from further consideration of Senate Bill 763. Those in favor of the motion %i11 vote Aye. Opposed will vote Nay, and the voting ks open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 32 -- 31 Ayes, 14 Nays: l voting Present. The mokion carries. 765. Senator Mahar. Hold. Senator DeAngelis. Read the motion, Mr. Eecretary, please. Ladies and Gentlenen, by the wayz we are qoing to continue on throuqh. The aqreement khak was made that we would handle Motions to Discharge on Monday the 22nd. . There are a number Still remaining. The Secretary informs me addktkonal motions have been filed. There will be a Supplemental Calendar. We will stay until we are completed. 771. Read the mo*ion.
ACTING SECRETARY: (MR. HAARY) l69 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TZANSCRIPQ 33rd Legislative Day May 22r 1989 I move to suspend a1l applicable rules: and to diseharge the Senate Committee on Public Hea1th, Welfare and Corrections from further consideration of Senate Bill 771, and thae the foregoing bill be placed on the Calendar on the Order of 2nd Readtng. Filed by Senator Dehngelis.
Senator DeAngelis. SINATOR DeANGELIS: Thank you, Mr. President. Senate Bi11 771 is a fairly siqnificant bill. It does three major khings with -- several tbings that are underneath each category. It requires the Hospital Service Procurement Advisory Board to report to the General Assembly, and they are currently coming out with a report, but it does not come to the General Assembly. It makes changes in contracts between DPA and hospitals, and it also makes changes in the negotiations that occur during those contracts. When khe Health Finance Authority came out with kheir Health Containment Program five years ago, it dld indeed save a lot of money, but I think it's about time that We allow the General Assembly to review the work of that Mroup. Be happy to answer any questions. END OF TAPE TAPE 5
Discussion? Is there any discussion? Senator Smith.
Okay, Mr. President, Ladies and Gentlemen of the Senate. I merely want to say that I advised the sponsor to attempt an individual discharge and I support this fully. l70 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989
All riqht. Senator DeAngelis has moved to discharge the Committee on Public Health from further consideration of Senate Bill 771. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. All voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 -- 51 Kyesx no Naysv none votinq Present. The motkon carries. Senator Schuneman. On the Order of Motions in Writinqy Eop of Page 66. Motion *1th respect to Senate Bill 773. Mr. Secretary, read the motion.
ACTING SECRETARY: (MR. NANRX) move to suspend Senate Rule 5e, and that the Commiktee on Executive be discharged from further consideraeion of Senate Bill 773, and that it be placed on the Senate Calendar on the Order of 2nd Readin:. By Senator Schuneman.
Senator Schuneman.
Thank you, Mr. President, Members of the Senate. Senate Bill 773 allows certain exenptions under the Open Meekings Act for public hospitals in Illinois. I am sure we are all aware of the growing competition that exists between and among the hospitals in our communities, but some problems have developed for our public hospitals. They are required under the Open Meetinqs Act to discuss in public some of those strateqies, proposals and bids that private hospitals can discuss in secreE. There are about thirty-fkve public hospitals in Illinois, most in small, rural communkties, and many of them are fiqhking for their very existence and believe thae this change in 1aw can belp them compete. The bill simply says that -- the Open Meetings Act does not prevent boards or committees of city, county, township or districk hospitals from holding closed meetings to prepare or l7l STATE OF ILLINOIS 86th GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33r* Legistative Day May 22, 1989 discuss bids or proposals to be awarded among health care providers to discuss the recruitment of physicians or other health care practitioners, or to discuss compekitive narketing strategies for the hospital. I would ask for your approval.
Discussion? Is there any discussion? If not, Senator Schunenan has moved that the Committee on Exeeutive be discharged from further consideration of Senaee Bàll 773. Those in favor of the motion will vote Aye. Opposed: vote Nay. The voting is open. A1l voted who wish? All voted who wish? Have a1l voted Who wish? Take the record. On that questiony khere are 46 Ayes, l Nay, 2 votin: Present, and the motion carries. 777. Senator Barkhausen. Read the motionz Madam Secretary .
I move to suspend al1 applicable rules, and to discharge khe Senate Committee on Judiciary from further consideration of Senate Bill 7-7-7, and that the foregoinq bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
Senator Barkhausen.
Mr. President and Members, this is a bill khat I am sponsoring at the request of the Chicago Bar Association . and its Civil Practice Committee. It revises the manner in which bills of particulars for lawsuits can be requested and answeredg and basically increases Ehe time periods, both in Which to request or demand a bill of particulars: and to file one and then to file a responsive pleading, once the bill of particulars is served. As I say. I am handling it at the request of the CBA. It is not designed for any other purpose, and Ifd ask for your support.
Discussion? Senator Dunn. l72 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
Thank you, Kr. President. A question of the sponsor, if he will yield .
Sponsor indicates he will yield, Senator Dunn. SENATOR THOMAS DUNNI What's the Staee Bar position on this?
Senator Barkhausen.
None that I know of. Although'I'd be inclined ko believe that khey kould support it for the same reasons that the CBA has asked me to sponsor it.
Senator Dunn.
Any amendments going to be added to this? PRESIDENT ROCK; Senator Barkhausen.
No, I said in my introductory remarks that khere would not be.
Senator Barkhausen has moved to discharge the Committee on Judiciary from further consideration of Senate Bill 7-7-7. Those in favor of the motion wkll vote Kye. Opposed, vote Nay. The votln: is open. Have al1 voted who wish? Have a11 voted Wh0 wish? Have all voted who wish? Take the record. On that question, there are 32 -- 32 Ayes, 9 Nays. The motkon carries. Senator Philip. 7-7-9. Read the motionr Madan Secretary.
I move to suspend Senate Rule 5c, and ehat the Committee on Insurance, Pensions and Licensed Activieies be discharged from l73 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 further consideration of Senate Bi1l 7-7-9, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Philip.
Senator Pbilip.
Thank you, Mr. President, Ladies and Genklemen of the Senate. Senate Bill 7-7-9 will allow insurance companies and race track owners and horse owners to make political contributions. 1'11 be happy to answer any questions, and ask for a favorable roll call.
Discussion? senator Jones.
ïeah. Thank you, Mr. President. Again, this is a little broader than the previous piece of legislation. We didn't let this bill out, due to the controversial nature of *he legislation and in view of the fact that *e do have big issues in this State similar to those out in California as relate to the insurance industry. So again, on this piece I suqgest everyone vote their conscience.
Further discussion? If not, Senator Philip has moved to discharge the Committee on Insurance from further consideration of Senate Bill 7-7-9. Those in favor of the motion indicate by voting Aye. Opposed, vote Nay. The voting's open. All voted who wish? A1l voEed who wish? Have a1l voted who wlsh? Take the record. on that question: there are 31 Ayes, 13 -- 14 Nays. The motion carrtes. 7-9-7. Senator Raàca. Read the motion, Madam Secretary.
I move to suspend Senate Rule 5c, and that the Committee on audickary be dkscharged from further consideration of Senate Bill 174 STATE OF ILLINOIS 86th GENERAL ASSEMNLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 7-9-7, and thak it be placed on the Senate Calendar on khe Order of 2nd Reading. Piled by Senator Raica.
Senator Raica.
Thank you, Mr. Presidenk and Ladies and Gentlemen of the Senate. The principle purpose of Senate Bill 797 is to prevent the starvation and dehydration of patients who have never expressed any desires regardin: the withholdinq or withdrawal of life-sustainkng food and water. The bkll does not affeet anyone's right to refuse artificially administered nutrltion or hydration. That right remains unaffected by khe bill. The bill does not concern any other life-sustainin: treatment or procedure, such as assisted ventllation or dialysis. The intent of Senate Bill 797 is simply to prevent death by starvation or dehydration of any paeient where there is no written or oral evidence that his or her intent to refuse water or food.
All right. Senator Raica has moved to diseharge the Judiciary Committee from further consideration of Senate Bill 7-9-7. ' Discussion? Senator D'Arco.
Thank you, Mr. President. This is a -- a very serious subject, and because it is such a serious subject and it is in the publie domain at the present time, there is much interest in when we do decide to sustain life or not to sustain life. Under thls provision, unless -- unless the person signs a written document ko the contrary, there's a presumption thae life-supportin: systems must be used to méintain this person's life; there's a presumption here. That puts the family of the paeiene: the doctors and everybody else Who have to make these life and death decisions concerning this patkent, in a very precarious, untenable position, l75 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislatkve Day May 22, 1989 because now the law is against them, in a sense. Now if a decision is made one way, the 1aw mayrequire an opposite decision. We shouldn't do this. What we should do ks have very extenskve hearings on this subjeet, to try to come up with something in the law, if possible, to address this very complicated problem. This is not the solution; this ks only gotn: to create more problems for us, and I ask that we oppose this motion.
.. w tMachine cutoffl..wAny further discussion? Senator Raica, you wish to close?
Thank you: Mr. President and Ladies and Gentlemen of the Senaee. I agree kith Senator DdArco that this is a serious situation. And I feel, as a lot of others feel: that an individual has a riqht to decide whether he or she would like somethtng continued or discontinued. I would ask that everyone in their heart find -- find that we can discuss this piece of -- or this proposed bkll, more seriously on further readtngs here in the Senaee. And would just like to ask everybody for an Aye vote for the motion.
A1l right. Senator Raica has moved to discharge the Conmittee on Judiciary from further consideration of Senate Bill 797. Those kn favor of the motkon Wi11 vote Aye . Opposed, vote Nay , and the voting is open. Have all voted who wish? A1l voted who wish? Have all voted who wish? Take the record. On Ehat queskione there are 29 Ayes, 7 Nayse l votin: Present. The motkon fails. 813. Senator Ekheredge. On the Order of Motions in Writing. Motion with respect to Senate Bill 813, Madam Secretary .
I move to suspend all applicable rules, and to discharge the Senate Committee on Elementary and Secondary Education from 176 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 turther consideratkon of Senate Bill 813, and thak khe foregoàng bill be plaeed on the Calendar on the Order of 2nd Reading. Filed by Senator Etheredge.
Senator Etheredge.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. What khis bill does - and it would apply only to the local school councils of the Chicago Public School District - would enable these councils to contract for the provision of educational services with either public or private agencies. I'd be happy to respond to any questions.
Discussion? Is there any discussion? Senator Holmberg.
Thank you, Mr. President. Senator Etheredge, What are We doing here? I think the implications of this bill would undo much of what we tried to do with Chicago School Reform. If we are gokng to make a chanqe thks drastkc and 1et eacb tndividual school council contract as they please, then we must have a full hearing. This really changes the implieations of that piece of legislation.
... tmachine cutoffl.eeFurther discussion? Senator Lechowicz.
Thank you: Mr. Presàdent. Wi11 khe sponsor yield to a question?
He indicates he Will yield, Senator Lechowicz.
Based along the same line as Senator Holmberg raised a question, as far as -- what are the implications in Chicago School Reform under this provision? l77 STATE OP ILLINOIS 86th CENERAL ASSKMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslative Day May 22, 1989
Senator Etheredge.'
Senator, I see this as a very important, very significant addktional power, which we kould explicitly make available to these local school councils. I see it as a -- as an aid to these councils in the achievement of the educational objectives that are spelled out in the school reform package - the goals that are spetled out that nust be achieved by the local school councils. think ie provides an extra avenue for them to proceed on. So I see it as a as a -- a very stronq, positive benefit to these councils.
Senator Lechowicz.
Very briefly, Mr. President: I know the time is late. I am goinq to have to speak aqainst this proposal. I believe that Chieago in its present condition, with this proposal on school reform, has enouqh eo do without providing a public or private agency to run each and every individual school council. Now khere is a number of them in the City of Chicago that are just in the formulation of the embryo stage, and I think at this time that whatever bill should be heard in commiteee, it should be this one. And this bitl should remain on the Secretary's Desk. I oppose the Motion to Discharge.
Further discussion? Senator Collins.
ïes. Senator, what is your definition of ''educational operationl'? What do you mean by that?
Senator Etheredge. l78 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 331d Legkslative Day May 22# 1989
The idea is to -- is to target this -- this permissive legislation - would be confined only to instruction, to the educational program. It would not, for example, apply to the providing of -- food services or janitorial serviees, or anything like that. lt simply limits kt to the proviskon of instructional services -- educational services.
Senator Collins.
So -- so actually it's conceivable the way the bill is drafted, thae the -- the local council could decide to contract out Special Ed education a Title I education - under this bille to some private eompany livin: in New York someplace. Right?
Senator Etheredge. SENATOR ETHEREDGEZ ïes. Yes, Senator. That would be the case.
Senator Collins.
really think that we really a1l should oppose this bill. I don'k think -- I think it is inadvisable at this time to put this kind of restraint and to make this kind of drastic change in a laW thak is not even operational at this point. I think that is a bad Eiming, Senator. We should give the school councils an opportunity to organkze and see whetber or not they can work. Therefore, I am opposed to this motion. PRESIDENT ROCX; Further discussàon? Senator Netsch.
Thank you: Mr. President. I kould stronqly urge a No vote on l79 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslative Day May 22, 1989 this. I am not sure that someone who is not a resident of Chicago and familiar with our Chicago schools, With a1l due respect, Senator Etheredge, can possibly realize the potential that -- that this bill would hold. It's not just *he possibility of contractinq with a -- a university to run some part of a program . But you could find a loeal school council that, for whatever reason - perhaps misquided could contract with a community activisk organization to run the entire school, and I donle khink that would, in the slightest, be in the best interest of the educational advancement of the kids in that school. This has enormous potential for mischief - in fact: even for disaster. would strongly urge a No vote.
Further diseussion? Senator Fawell.
Thank you very much. Will the sponsor yield for a queseion?
Ee kndkcates he will yield, Senator Fawell.
Is this similar to what they are doing in Boston now, Where they are conkraeting wikh the -- With the university there to -- to assist them in running the schools in Boston?
Senator Etheredge.
Welle it is somewhat similar, although what I am proposing is -- in that instance - the one you refer to - it's the Chelsea School District and Boston University. There you have a whole school system . That's not what I am talkinq about. I am talking about a single local school council making khat decision for their oWn school, not for the Whole district.
# l80 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislatïve Day May 22, 1989 Senator Fawell.
What I meant though was -- is under your bill, could it be possibles for instance, for a local school district to contract to a -- a say a Depaul or a community college, or get some. expertise in that nanner?
Senator Etheredge.
Xes, indeed: Senator.
Any further discussion? Senator Etheredge, you Wish to close?
Yes. Thank you, Mr. President. I -- appreciate the questions have been raised: and it is true, I don't live in Chicago. But Senator Netsch, I am a graduate of the public schools of the City of Chieago - Joyce Kilmer Elementary School and Sullivan Eigh School. What I am saying to you is while I do not live in Chicago at the present time, I am familiar With the schools as they were at some time in *he pastz as they are at the present, through public hearings, and otherwise retakn a very deep and sincere interest in these schools. What I am proposing to do is that We give these local school councils additional means to accomplish the goals which we are delegating to them . These are locally elected officials. I think that we ought to trust their judgment, and letls give Ehem this additional authority, which I think will be very important to them. I ask for your favorable consideration.
A11 right. Senator Etheredge has moved to discharqe the Commlttee on zlementary and Secondary Education from further consideration of Senate Bill 813. Those in favor of the motion 18l STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqkslative Day May 22, 1989 will vote Aye. Opposed, vote Nay, and the voting is open. All voted who wish? Have all voted who Wish? Have all voted who wish? Take the record. On that question, ehere are 28 -- 29 Ayes, 19 Nays, and the motion fails. Senator Macdonald. 832. On the Order of Motions in Writing, motion with respect to Senate Bill 832, Madam Secretary.
I move to suspend Senate Rule 5c# and that the Committee on Transportation be discharqed from further consideration of Senate Bi1l 832, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Macdonald.
Senator Macdonald.
Thank you, Mr. President. Senate Bill 832 is -- creates the Public Transporkation Consumer Protection Act and it provides that public transik operaEors shall seek competitive proposals on at least ten percent of their services on an annual basis. And ik establishes -- it provides for the establishment of minimum standards for private transit operators Who bid on the contracts, and also establishes proeedures for conpetitive bidding. Had I been able to present this bill in committee, I would have said khat would have offered two amendments. Pirst of all, I would have limited it only ko bus transportation, and I also would have been willing to negotiate the ten percent down from ten percent Ksic>. thlnk that this is an important piece of legislakion. Across this nation, in San Diego: in Portland, Oregon, and other areas of the United States, this privatization concept has been very, very successful. I think it could do a great deal for public transportation, particularly in the RTA area, and I would -- I would urge your acceptance of discharging this bill from committee, and I Will say that I wi11 provkde - kf we are not able l82 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 to bring it back to 2nd - I Will provide that the House sponsor should, if it should get to the House, will offer those amendments that I have described.
A1l right. Senator Macdonald has moved ko discharge the Committee on Transportation from further consideration of Senate Bi11 832. Dkscusskon? Senator Brookkns.
Thank you, Mr. President. rise in opposition to this discharge of commîttee. I originally had spoke with Senator Macdonald and even had become a co-sponsor. It is a bill of a great subskance - there's a lot of substance - and it should remain in commietee and we should give it some study. There are sone amendments that needs to go on# there's some work that need to be done with the bill, and I can assure you Ehat if we kepE it in committee we would work on it, and we would bring it into some type of focus and -- and relevant, Senator, and -- and really give it a true opportunity to amend it. So with this bill, I ask you to -- let's keep it in committee, and Work on it.
Further discussion? Senator Macdonald, you Wish to close?
would just ask for your positive approval of this motion.
All right. Senator Macdonald has moved to discharge the Commkttee on Transportation from further consideratkon of Senate Bill 832. Thpse in favor of the motion Will vote Aye. Opposed, vote Nay. The voting is open. All voted who wish? Have a1l voted who uisb? Haze a11 voted who wishz Take the record. On that questionz there are 30 Ayes -- 31 Ayes, 18 Nays, none voting Present. The motion carries. 8-5-6. Senator Weaver. Read the motion, Madam Secretary. l83 STATE 0F ILLIXOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslatkve Day May 22, 1989
I move to suspend all applicable rules, and to discharge the Senate Committee on Insurance, Pensions and Licensed Activities from further consideration of Senate Bill 856, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Weaver.
Senator Weaver.
Thank you, Mr. President. Senate Bi11 856 changes the definition of rail carrier to include private entities Which have intersection with public highways. This definition applies only to the section on safety regulations for track and facilities and equipment...lmachine cutoffl...
A1l right. Senator Weaver has moved to discharge the Committee on Insurance from further consideration of Senate Bill 856. Diseussion? Senator Jones.
Thank you, Mr. President. I support the Gentlenan's notion. This bill was inadvertently left off the agreed bill list, and support his motion.
A11 right. Senator Weaver has moved to discharge the Commitkee on Insurance from further consideration of House Bill 856. Those in favor of the motion will vote Aye. Opposede vote Nay. The voting's open. All voted who wîsh? Have al1 voted who wish? Have all voted who wish? Take the record. On khat queskion, there are 47 Ayes, no Naysz none voting Present, and the motion earries. 859. Senator Philip. Senator Philip. 859. Read the motion, Madam Secretary. 8-5-9. 862. Senator Barkhausen. Can he learn hoW to say that? Read the motion. l84 STATE OF ILLINOIS 86th GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslatkve Day May 22, 1989
I move to suspend all applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 862, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
Senator Barkhausen.
Mr. Preskdent, Membersr tbis bill ks attempting to resolve two conflicting provisions of the Business Corporation Act, and the bill is introduced at the sugqestion of the Illinois Supreme Court in their annual report. deals with the dissolution of corporations and the notice that is to be given when corporations are dissolved. In the case of a judicial dissolution, the Attorney General is to require notice by publication, but ironically, in the case of a dissolution by the Akkorney Generalg such publicakion under existing law ls to be made by the clerk of the court. This takes that latter provision and makes it eonsistent with the earlier proviskon that I described, governing judicial dissolutions. It should be an agreed bill, and I ask for your support.
Discussion? Any discussion? If not, Senator Barkhausen has moved to discharge the Committee on Judiciary from further consideration of Senate Bill 862. Those în favor of the motkon will voEe Aye. opposed, vote Nay. The voting is open. Al1 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 26 Ayes, 12 Nays, and the motion fails. Top of Page 67. 863. Senator Barkhausen. 874. Senator Maitland. Read the motkon, Kadam Secretary o
I move to suspend a1l applicable rulesz and to discharge the l85 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senate Cotmittee on Insurance, Pensions and Licensed Activkties from further consideration of House Bill - pardon me, Senate Bill 874, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senakor Maitland.
Senator Maitland.
Thank you, Mt. Presldent, Members of the Senate. Senate Bill 874 excludes irrigation systems from the definition of plumbing in the State Code. There are a number of lawn-sprinkling groups around the State that feel that they can place a service in the ground. They have a better knowledge of it; it doesn't bother the integrity of the health of the water system at all. They cannot work beyond the -- the backflow valve. I think it is a reasonable piece of legislation. I seek your support.
All right. Senator Maitland has moved to discharqe the Committee on Insurance from further consideration of Senate Bill 874. Discussion? Senator Jones. SENATOR JONESZ Yeah. Thank you, Mr. President. %ill the sponsor yield?
Sponsor indicates he will yield, Senator Jones. SENATOR JONESI Senator Maitland, you -- you spoke about lawn-sprinkling systems. But we are talking about irrigakion systems. Am I correct? For farming and so forth?
Senator Maitland.
Well, yes.
l86 r STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22y 1989 Senator Jones. SENATOR JONES: Well, think the bill includes more than you just explained. See, when you are talking about irrigation system, and you would tap it into a well, there's a possibility that you have persons that are doing the hookup that doesn't know anything about plumbing, and you got chemicals involved. These chemicals could inadvertently get into the well water Which is used for drinking . Am I correct? PRESIDENT ROCK: Senator Maitland. SENATOR MAITLAND: Senator, I -- I think what you suggesting is correct, but we have an amendnent that deals With Ehe backflow valve, and I -- indicated that. And that we would not touch the integrity of the system at all. We find, quite frankly, more -- more irrigators that -- that find it difficult to :et plumbers to do this. And quite frankly, you are hearing from the people who don't want it to happen. PRESIDENT ROCK: Senator Jones. SENATOR JONES: Well, oppose the bill, based on that -- your remarks , because this is -- can be very, very serious Where under -- under the pressure system for irrigation for farming, if it is not done correctly, ik could impose hardship on, and danqer toy those persons, if their well is tapped into a Well where one is used for drinking water without the proper checkoo.linaudiblel.o.and et cetera. It could possibly eause harm to those persons. So for that reasonp I oppose this motion. This legislation should have a clear full hearing. PRESIDING OFFICER: (SENATOR DEMUZIO) l87 S'ATE OF ILLINOIS 86th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT 33:d Legislatkve Day May 22y 1989 All right. We have a number of speakers. Furkher discussion? Senator Jacobs.
Thank you, Mr. Presidentg Ladies and Gentlemen of the Senate. I am not going to discuss the merits of the bill, but to the Motion to Discharge, it appears that this is a bill -- legislation that was brouqht about due to a constituent complaint. I stand in opposition to the -- to the Motion to Discharge, because I don't really see any emergency nature of this legislation at this time .
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Lechokicz.
Mr. President, Ladies and Gentlemen of the Senate. This really is a total erosion of the Plumbtng Act, and basically, When that provision was included in the Plumbing Act, it was for the public safety of the residents of Illinois. With the Motion to Discharge in thls matter, it could seriously affect anyone who would be at the downstream portion of the irrigation project, or the backflow: which could cause a serious problem in many kndivîdual's water well or their water drying power in the respective municipality. That Was why it was originally included in the hct. This is totally against what the plumbers of this State are for: and I would strongly recommend that each of us look ak the motion and vote No.
PRESIDING OFFICER: (SENATOR DEMUZIO) A1l riqht. senator Maitland may close.
Thank you, Mr. President. Juse seek your support for the Discharge Motion.
PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Senator Maitland's moved ko discharqe the Committee on Insurance, Pensions and Licensed Activities from l88 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENAT: TRANSCRIPT 33rd Legislative Day May 22, 1989 further consideration of Senate Bill 874. Those in favor pill vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who Wish? Have al1 voted who Wish? Have all voted Who wfsh? Take the record. On that question, the Ayes are 26, the Nays are 22, none voting Present. The Motion to Discharge fails. 899. Motions to Discharqe. Senate Bil1 899. Read the bill. Read the motion: Madam Secretary.
move to su'spend Senate Rule 5cy and that the Committee on Executive be discharged from further consideration of Senate Bill 899, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Topinka. PRESIDING OFFICERZ (SENATOR DEMUZIO) Senator Topinka.
Yes. Mr. President and Ladies and Gentlemen of the Senate. This bill is qenerated by the Citizensê Assembly for Economic Development. It changes the Illinois Private Activity Bond Allocation Act. It amends it to permit the Governor's Office to reserve that portion of the volume cap allocation remaining unused by a home rule unit, for the purpose of reallocation among applicant home rule units. And I would seek your favorable vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Lechowicz.
Mr. president, Ladies and Gentlemen of Ehe Senaee. Thts bvll is identical to SenaEe Bill 213. which Was -- is sponsored by Senator Netsch and is on 3rd Reading. I believe that with the exception of the Council on Private Activity on Bond Allocations would be the -- person vho'd nake the distributions, instead of the Governor's Office. I knou of no reason Why we should discharge this bill, when we have a bill of similar nature on 3rd l89 STATE QF ILLINOIS 86th CENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 33:: Lesislative Day May 22. 1989 Reading.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If notz Senator Topinka may close.
I would just seek your favorable roll call.
PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, Senator Topinka moves eo discharqe the Commlttee on Executive from further consideration of Senate Bill 899. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record. On khat question, the hyes are 26# the Nays are l3: l voting Present. The Motion to Discharqe fails. Motion on -- with respect to Senate Bill 9-0-7, Madam Secretary.
move that the Committee on Local Government be discharged from further consideration of Senate Bill 9-0-7, and that the bill be placed on the Order of 2nd Reading. Filed by Senator Karpiel.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Karpiel.
Thank you, Mr. President. Senate Bill 907 amends the County Zoning Act, and changes the distance from residential buildinqs that a temporary constructkon facklity used by a contractor must be. It changes it from a thousand feet to twenty-five hundred feet. It also requires that such faciliEy must be Wlthln one mile of the construction site, and this bill only applies in unincorporated areas. I could give you the impetus for this bill and -- and explain khe whole thing, but I would, in the interest of time, prefer nok to do that. I'd be qlad to ansker questions. However, I do want to state that perhaps I should be given a liktle extra consideration on this bill, since it is the only one l90 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33:d Legislattve Day May 22, 1989 that I have on the diseharge list.
PRESIDING OPFICER: (SENATOR DEMUZIO) A11 right. Is tbere dkscussion? Senator Fawell.
Thank you very much. I bappen to have the unique distinction of having three tollways in my district. We only have three tollways in the entire State. Obviously, one of them is being built right now, and I happen to knok that the problem is that there is a -- a contraetor Who has decided to set up a very large concrete building in the middle of some three and four hundred thousand dollar homes, and I Would strongly suggest this is a good bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Karpiel may close.
Thank you, Mr. President. Just ask for an Aye vote, please.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Karpiel has moved to discharge the Comnittee on Local Government from further consideratlon of Senate Bill 907. Those in favor will vote Aye, those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, the hyes aze 45# the Nays are 2, none votinq Present. ehe motion carries, and Senate Bill 907 is ordered on the Order of -- of -- on the Calendar on the Order of 2nd Reading. 909. Motion with respect to 909, Madam Secrekary.
I move to suspend all applicable rules, and to discharge the Senate Committee on Insurance, Pensions and Licensed Actlvities from further considerakion of Senate Bill 909, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Davidson. l9l STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson.
Mr. President and Members of the Senate, Senate Bill 909 is a bill from the State Employees' Retirement Systemz Whichr as of May the 8th, has now the General Assembly Retirement System and the Judicial Retirement System folded into it. This is a bill to make that -- What's already happened, legal. There is an amendment which will put on on 2nd Readinq in relation to judges. They wanked the Word ''death''put in with the dissolution of marriage. I'd appreeiate your favorable vote.
Discussion? Senator Jones.
ïeah. Thank you, Mr. President. I oppose the Gentleman's motion. There is no need eo continue to put duplicate leqislation out here on the Senate Floor. And -- he spoke about some amendment, and Would think that if tbe judges and the system needed that, they would bring that in and talk to the chairman or the minorîty spokesperson as such. But this bill ks already out on the Calendar on 3rd Reading or 2nd Reading, believe. Senate Bill 95. So this -- this bill is not even needed.
PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? Senator Davidson may elose.
Welly I I can 't address to what Senakor Jones speaks EoF what's been folded into and not folded into. This was brought to me by the state Employees' Retirement System: to correct -- what technically needed to be done to put the General Assembly Rekirement and the Judicial System Retirement into it# and I'd appreciate a favorable vote.
PRESIDING OPFICER: (SENATOR DEMUZIO) l92 STATE OF ILLINOIS 86th GENERAL ASSRMNLY REGULAR SESSION SENATE TRANSCRIPT 33:: Legkslatkve Day May 22s 1989 Senator Davidson has noved to discharge the Committee on Insurance, Pensions, and Licensed Activities from further consideration of Senate Bill 909. Those in favor wtll vote Aye, those opposed, Nay. The voting is open. Have all voted who vish? Have all voted who wish? Have all voted kho wish? Take the record. On tbe question -- on that questkon, tbe Ayes are 26, the Nays are l6, 4 voting Present. The motion fails. 916. Senator Kustra. On the Order of Motions in Writin: -- Motion with respect to Senate Bill 9-1-6, Madam Secretary.
I move to suspend al1 applicable rules and to discharge khe Senate Committee on Executive from further consideration of Senate Bill 9-1-6, and khat the foregoing bill be placed on the Calendar on the Order or 2nd Reading. Filed by Senator Kustra.
PRESIDING OFFICER: (SCNATOR DEMUZIO) Senator Kustra.
Thank you, Mr. President and Members of the Senate. This bill creates the Legal Services Consuner Protection Act. It establishes, Within the Attorney General's office, the Legal Services Consumer Protection Division, to investigake and arbitrate eomplaints agaknst attorneys; bring actions; report to the Attorney Registration and Disciplinary Commission and appropriate 1aw enforcement agencies, When there has been a violation of law; issue an Annual Repork eo the Governor, to khe General Assemblye *he Supreme Courte and the public. I would ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Netsch.
Could I ask the sponsor a question?
PRESIDING OFFICER: (SENATOR DEMUZIO) l93 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22e 1989 Sponsor...
Senator Kustra, is this the so-called HALT Bill?
PRESIDING QFFICER: (SENATOR DEMDZIO) Senator Kustra.
ïes, ik is.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.
Well, guess what this does is emphasize the difficulty of *he process œe're goin: throuqh right now. I think the coneept of what is being done here is very good. I had seen drafts of that bill, and there are a lot of very serious problems in some of its particulars. I regret to say it is the kind of thing that has got to have some committee Work and a committee hearing. You cannot just whisk it out on the Floor: think, and deal with all of it in, you know, the thirty seconds we're allowed to debate major bills. I'm going to vote No or Present on your motion, although I would like for khe idea to be kept alive for subsequent Work.
PRESIDING OFFICER: (SENATOR DEMDZIO) Further discussion? Senator Rock.
Ilm sorry. Question of the sponsor, Mr. President.
PRESIDING OEFICER: (SENATOR DEMDZIU) sponsor indicates he will yield. SenaEor Rock.
My understanding was that the bill was introduced establishing a Division of Leqal Services Consumer Affairs withtn the Department of Professional Regulation.
PRESIDING OFFICER: (SBNATOR DEMDZIO) Senator Kustra. l94 STATE 0F ILLINOIS 86th GENERAL ASSRMNLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legîslative Day May 22, 1989 SENATOR KUSTRA: NRLT ...HALT prepared an amendment, Senator Rock, which I will offer on 2nd Reading, which provides for the placement of this within the Office of the Attorney General. When we agreed that since that is Where eonsuser protectkon is provided for Illinoisans, that's where that partieular office should be. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Roek. PRESIDENT ROCK: Well, just so long as there's no misunderstanding. That does not, in my opinion or judgment, make it any better, because khe provisions of this are very far-reaching: particularly for those of us who are subject to professional ethics and professional ' licensure. Xou have a decision here that is not subject to any judicial appeal: which could, and well mighty result in the loss of one's licenue or livelihood. And in addition to that, if this division or a person within a division or this panel, bowever it works, has determined that there is some liability, you call for a publkcatkon kn -- kn newspapers wtth the largest circulation within Cook County, whieh is my registered address, every newspaper in this State with a circulation over one hundred thousand: and khe State Bar Journal. mean, -- I just -- if -- if' indeed, anybody wishes to vote affirmatively, I hope they would take the time to at least look at this thing. It isF at best, reactionary. It is, at its worst -- borders on anarchy, and I would urqe a No voke. PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator Kustra may close. SENATOR KUSTRA: Thank you, Mr. President. Apparentlyy the lawyers don't like this bill. But let me -- let me explain. This bill in no way affecks ehe issue of discipline and licensing. And the ARDC, l95 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senator Rock, the Attorney Registrakion and Discipline Commission: would continue to be the ftnal arbiter of whether or nok an attorney would hold a license. This particular consumer aqency can make a recommendation to the ARDC' but this bill in no way changes reqistration and licensinq of attorneys. That stays with the ARDC. Frankly, I don't think it goes far enough. I wish there was a way we could do somekhin: to reform the ARDC. We vouldn'k even be talklng about this if the ARDC properly requlated attorneys. So what this is# is an attempt ko establish a simple arbitration procedure for our constituents, so When khey have a problem with an attorney, ehere's a place to 9o - a panel who can decide objectively and impartially how to handle that. I would ask for your favorable eonsideration.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Kustra has moved to discharge the Committee on Executive from further consideration of Senate Bill 9-1-6. Those in favor will vote Aye. Those opposed, Nay. The votin: is open. Have a1l voted who wish? Have a1l voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 28: the Nays are l6e 7 voting Present. The Motion to Discharge fails. 9-1-8. Senator Barkhausen. The motion, Madan Secretary, on 9-1-8.
I move to suspend all applicable rules: and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 9-1-8, and thak the foreqoing bill be placed on the Calendar on khe Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Barkhausen.
Mr. President, Senate Bill 9-1-8 is a vehicle bill requested by the National Vehicle Leasing Association. We are awaiking whak l96 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TPANSCRIPT 33rd Legislative Day May 22, 1989 I understand wlll be an agreed anendment. Senator Marovitz, unfortunately, isn't here today, but I know the proponents of this have discussed this with him, and I have also discussed ehis kieh Senator Dunnz and With tbe understanding that the bill will held awaiting the agreed amendment for the vehicle bill dealin: with vehicle leasing, and as I understand ik, prohibiting subleasing of a leased vehicle without the consent of the lessor. I I ask for your support.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Then khe question isr shall c- I beg your pardon. Senator Dunn.
Thank your Mr. President. What Mr. Barkhausen said is correct. There is an agreement.
PRESIDING OFFICER: (SEKATOR DEMUZIO) w.. lmachine cutoffle..senator Barkhausen has moved to discharge khe Committee on Judiciary fron further consideration of Senate Bill 9-1-8. Those in favor will indicate by -- Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Eave a11 voted Who wish? Have a1l voted who wish? Have all voted who wish? Take khe record. On that question, the Ayes are 35, the Nays are 14, l voting Present. Senate Bill 9-1-8. The motion carries, and Senate Bill 9-1-8 is discharged from Ehe Committee on Judiciary, and is ordered placed on the Oroer of 2nd Readtng on the Calendar. 931. Motion with respect to 931, Madam Secretary.
I move to suspend al1 applicable rules: and to diseharge *he Senate Committee on Higher Education from further consideration of Senate Bill 931. Pardon me. Let me try this again. I move to suspend Senate Rule 5c, and that the Committee on Finance and Credit Regulations be discharqed from further consideration of Senate Bill 931, and that kt be placed on the Senate Calendar on 197 STATE OF ILLINOIS 86th GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislatkze Day May 22, 1989 the Order of 2nd Reading. Piled by Senator Geo-Karis.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Karis.
Mr. President, Ladies and Genklemen of the Senate, this bill amends the Interest hct by requitkhg a lender to provide a statement to a Illinois borroWer of the amount of ineerest paid in a calendar year. The statemenk must be provided by January 31 of the followinq year, and I think it's a good bill. It's a good consumers ' billg and, I ask for your favorable consideration in discharging the bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Zito.
Thank you, Mr. President and Members. I would rise kn opposition to Senator Geo-Karisl motion. I have discussed this With her privately. There is absolutely no need for Senake Bill 9-3-1. Many, many qroups have been in opposieion, or at least have mentioned their concern about the bill. I am not so sure we need the bill anykay, because the revolving credit issuers must report annually to their borrowers currently. Secondly, for those on the other side of the aisle that fouqht, as r did, to stop caps on credit cards, we feel that this Senate :ill 9-3-l's purpose Will be a vehicle to allow caps to go back on credit cards. So I would ask for No votes.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Geo-Karis may close.
Mr. President and Ladies and Gentlemen of the Senate. That is not my inteneion, Senator Zito. And Idd ask for favorable consideration, because there is obviously no formal requirement that lendets provide annual written confirmation of interest paid l98 STATE QF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 during a calendar year: and I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Karis moves to discharge the Committee on Finance and Credit Regulations from further consideration of Senate Bill 931. Those in favor will vote Aye. Those opposed, Nay. The votin: is open. Have all voted who wish? Have all voted Who Wish? Have all voted who Wish? Have a1l voted who Wish? Take the record. 0n that question, the Ayes are 29, the Nays are l4# 2 voting Present. The Motion ko Discharge fails. Motion wikh respect to Senate Bill 936: Madam Secretary.
I move eo suspend all applicable rules, and to discharge the Senate Committee on Judiciary from further conskderation of Senate Bill 936, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Mahar.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Mahar.
Thank you, Mr. President and Members. Senate Bill 936 would allow State and local police agencies to recover damages for their efforts in searching for persons deliberately who remain kn hïdin: with the intent to cause such a search: or with the knowledge that a search is in progress. This bill is a result of the frustrations of the Chicaqo Police Department and other 1aw enforcemenk agencies afEer *he Scokt and Carolyn Swanson case.
PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? If not, Senator Mahar has moved to discharge the Commiktee on Judiciary from Curther conskderatkon of Senate Bkll 936. Those in favor will vote Aye. Those opposedr Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that l99 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22e 1989 question, the Ayes are 46, the Nays are 1, none voting Present. The motion carries' and Senate Bill 936 is discharged from khe Comnittee on Judiciary, and is ordered placed on the Qrder -- on the Calendar on the Order of 2nd Reading. Motion With respeet to 1942, Madam secretary. SECRETARY HAWKER: I move to suspend a1l applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 942: and that the foregoing bill be placed on the Calendar on the Order of 2nd Readinq. Filed by Senaeor Barkhausen. PRESIDINC OPFICZR: (SENATOR DEMUZIO) Senator Barkhausen. SENATOR BARKHAUSEN: Mr. President and Members, Senate Bill 942 is the producks of -- of some very diligent and creative staff work over a period of the lase two years, to attempt to develop a comprehensive approach to get ak what is in -- in addition to the dru: problem in our societyy and related to it, the single greatest or second greatest problem that ve experience in law enforcement today, and that is the -- the overwhelming and alarminq number of crimes commitked by ganqs. The legislation creates a series of criminal offenses new criminal offenses - that I would be happy to detail, but which you Will probably a11 find in your analysis. In addition to these new gang-related offenses, it provides that a civil cause of action is created in favor of any public authority which experiences loss or damage or expense as a resulk of streek gang activity. Finally, a violation of this new Act and its criminal provisions are, in the case of juveniles, removed from the Juvenile Court and put within the jurtsdiction of the regular criminal courks. I'd be happy to answer any questions. Otherwise I would simply submit that the urgency of this problem is one thak requires us to deal with -- with it immediately, and therefore, 200 STATE OF ILLINOIS 86th GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 ask support for a Motion to Discharge.
A1l riqht. Senator Barkhausen has moved to discharge the Committee on Judiciary from further consideration of 942. Dàscussion? Senator Dunn.
Thank you, Mr. President. Well, once again, we have a a bill has three pages of analysis, and Senator Barkhausen just made reference to whether or not we've had a chance to read I have not had a chance to read (t, and the problem really is that we are dealing with a very serious subject matter. Many of our communikies do have a gang problem. don't know if Senator Barkhausen has a gang problem in his district, but I do in minez and there hasn't been one bit of input from any of those people that do have a ganq problem. urqe a No vote. This should be discussed in committee where people can testify about i:r and ke can bring some khings out that ought ko be chançed.
Further discussion? Further discussion? If not, Senator Barkhausen has moved to discharge the Committee on Judiciary from further consideration of Senate Bill 942. Those in favor of the motion will vote Aye. Opposed, vote Nay. The votin: is open. A1l voted who wish? All voted kho wish? Have a1l voted who wish? Take the record. On that question, there are 36 Ayes, 12 Nays. Mokion carrkes. 943. Senator Geo-Karis. Read the motion, Madam secre*ary.
I nove to suspend Senate Rule 5ce and that the Committee on Judiciary be discharqed from further consideration of Senate Bi1l 943, and that -- that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Geo-Karis.
20l STATE OP ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislakive Day May 22, 1989 Senator Geo-Karis.
Mr. President, Ladies and Gentlemen of the Senate: I ask for discharge of this bill from committee. This is a bill that amends the Crlminal Code to create the new offense of Child Murder, or soliciting the offense of Child Murder, and I ask your favorable consideration.
Any diseussion? Any discussion? Senator Geo-Karis has moved to discharge the Committee on Judiciary from fureher consideratton of Senate Bill 943. Those in favor of the motion will vote Aye. Opposed. voke Nay. The votingfs open. Have all voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 47 Ayes, 1 Nay, l voting Present. The motion carries. 944. Senator Barkhausen. Read the motione Madam Secretary.
I move to suspend all applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 944, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
Senatot Barkhausen.
Mr. Mr. President and Members, Senate Bill 944 takes our existing so-called Wire Tap Law relaeing to nonconsensual eavesdropping in the investigation of felony drug crimes, which is now whak it is limited to, andextends it somewhat to make lt applicable to the inveseigations of first deqree murder, eonspiracy to comnlt first degree murder: or khe offense of solicitation of murder or solicitation of murder for hire. As we a11 know, we had an exkensive debate on this subject when it was 202 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22g 1989 first passed, and simply extends it to -- to make the kool available to law enforcement officials investigating these very serious crimes. I ask for your support.
Discussion? Senator Demuzio.
Well. I'd just like to point out to the Membership that this is Senator Barkhausen's 26th Discharge Motion. He has twenty-two percent of the entire discharge motions on the other side of the aisle. Had no idea he had such a great legislative program this year.
Further discussion? Senator Severns.
Thank you, Mr. President. Would the sponsor yield for a question?
He indicates he will yield, Senator Severns.
Last year many of us worked with our own 1aw enforcement offkcials in arrkvkng at SB 19:7, whkch passed out ot thks General Assembly, and as you know, *as signed into law. I have not heard from one 1aw enforcement official in my district or outside of my district regarding this measure. Have you worked with the law enforcement officials, and if so, Why haven't we heard from them?
Senator Barkhausen.
Yes: we have worked with khose With whom we worked on the other measure, and they are for
.. p tmachine cutoffl...Further discussion? Senator DfArco. 203 STATE OF ILLINOIS 86th GENERAL ASSEMBLY' REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22y 1989
Thank your Mr. President. Last year we had an agreement. q Because druqs are such a serious problem in our society, we agreed to pass a laW that provided for nonconsensual eavesdropping. Because in Illinois we are very protective of the righks of individuals, but in that one instance, we said we will make an exception, because drugs are such a serious problem. And we got the agreement from the state's attorney and we qot the agreement from the Department of State Police that it would only be used in those instances, and that would be the extent of it. And Ehe fear we had now has come to pass. This year it is going to be used in murder situations. Next year it is going to be used in armed robbery situations, and then in burglary situations, and then in every situation you can imagine. And that's What's happening to this bill that is being eroded today, and it will be eroded again tomorrow . We should definitely vote this down, and live within the reasons that we attributed to last year.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Cook, Senator Rock.
Thank you, Mr. President, Ladies and Gentlemen of khe Senate. I too rise in strong opposition to this motion, and for exactly the same reason as Senakor D'Arco indicated. I voked againsk the nonconsensual eavesdropping last year: albekt irrespective of the enormous pressure that was comin: from the law enforcement communiky about the necessity of this tool Eo combat khe qrowing dilemma of drugs that they are confronted with, and frankly, I Was hesitant, even then, but recognkzed that that is a major problem. And now, in absolute derogation of the agreement that was made, we are saying, ''Well, now we got first degree murder.'' And I think a11 you are doin: ls just -- we are coming quickly to a police state, Senator Barkhausen. It just seems to me - because you put 204 t I STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 I that -- you put this gem on by amendment too - it just seems to me that if you are going to go consistently from year to yeary you better live up to your agreements. PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Macon, Senator Severns. SENATOR SEVERNS: Thank you, Mr. President. I apologize for rising a second time. I think Senators Rock and Senator D'Arco point out the best reasons for not supporting thié Discharge Motion, but I have one more question of the sponsor. PRESIDING OFPICERZ (SENATOR LECEOWICZ) He indicates hedll yield. SENATOR SEVERNS: When We worked on Senate Bill 1987, Ehis -- this side felt that a good bill was passed out of this Chamber. You offered a bad bill, a bad bill that was defeated in this Chamber. And then you turned around with your side, and pointed out to the targeted districts why we cast a bad vote, when, in fact, everyone knew that the good bill passed this Senate. Is this the real purpose for khis bill, Senator? PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Barkhausen. SENATOR BARKHAUSEN: I didn't -- I didn't hear -- I heard *he statement, but not the question at the end. I am sorry, Senator. PRESIDING OFFICERI (SENATOR LECHOWICZ) You want...lknaudiblel.eesenator, would you repeat your question? SENATOR SEVERNS: I think you heard the question, Senator, but 1111 just ask simply this: Is the purpose of this bill to -- to try to put target districts on record of voting again or not voting for a bad 205 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 bill, the same practàce that you used one Session ago aqainst so many of us? This is a bad bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
First of all, Senator, I am nok on our Campaign Commiktee. I didn't draft any of the advertising, but I would poink ou* the obvious - that any vote we cast in this Chanber is fair game in any political campaign, and should not be construed by those against whon it might hurt, if khat's what you think happens, as some sort of a personal ateack. That's what eampaigns are a1l about - to be held accountable for our records in this Chamber. Let me say, in addition, that I have had an interesk in this subject matter long before it ever became a political lssue. The bill that we finally passed -- and I gàve great credit to -- to khen State's Ateorney Daley for recommending it, and frankly, it was his incremental suppork in addition to the overwhelming support that the issue has always had on this side of the aisle, that ks responsible for finally putking khat law on the books. But because it was a Democratic bill -- I was never a party to any agreement. I have been interested from day one in having -- in Senator Rock may call it a police stake - but I have always been interested in having our State laW correspond with the federal law, that for twenty years has permttted this as a tool to investigate a broad range of serious felony crimes. Frankly, if had my way, no, I wouldn't limit it to murder and felony drug crines. How about lettinq it be used for cases of political corruption? I think that would be appropriate, and I'd like to see a roll call on that issue. But today We are only voting on the question of whether it should be extended ko first degree murder. Now I say to you say to you the number of murders in khis State may not be as numerous as the number of drug crimes, 206 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33T6 Legislative Day May 22, 1989 but I kould submit the obvious - thak murder is no less serious than the commission of felony drug offenses, and I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR LECEOWICZ) Senator Barkhausen moves to discharge the Committee on Judiciary from further consideration on Senate Bill 944. Al1 those in favor, vote Aye. A1l khose opposed, vote Nay. The voting is open. Have all voted who wish? Eave all voted who wish? Clerk will take the record. On thls question, there are 31 Ayes, 13 Nays: 5 recorded as Present. This motion, havinq received the necessary votes, has been discharged, placed on 2nd Reading. For what purpose, Senator Rock -- requesk a verification?
seek a verifkcation, Mr. President, of the affizmative roll eall. PRESIDING OFFICERI (SENATOR LECHOWICZ) Madam Secretary, please call the affirnative roll. SECRETARY HAWKERI Barkhausen, Daley, Davidsong DeAngelisy Donahue, Dudycz, Ralph Dunnr Etheredge, Priedland: Geo-Raris: Hawkinsone Hudsony J.E . Joyce, Karpiel, Keatsp Kustra, Macdonald, Madigan, Mahare Maitland, Philip, Raica, Rea, Rigneyz Savickas, Schaffer, Schuneman, Topinka, Watson, Weaver and Woodyard.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Rock, do you have any questions as to Ehe ' afflrmative roll call? Senator Rock.
No. don't question anyone.
PRESIDING OFFICER: (SENATOR LECHOWICZ) On this question, there are 31 Ayes, 13 Nayse 5 recorded as Presenky and the Motion to Discharge prevails. And Senate Bill 207 STATE OF ILLINOIS 86th GENEQAL ASSEMBLV REGULAR SESSION SENATE TKANSCRIPT 33rd Legislative Day May 22e 1989 944 is on 2nd Reading. Senate Bill 945. Senakor Fawell. Read the Discharge Motion: Madam Seeretary.
1 moze to suspend a11 applicable rulesy and to disûharge Senake Commitkee on Public Hea1th, Welfare and Corrections from further consideration of Senate Bill 945, and that the foregoing bill be placed on the Calendar on the Order of 2nd Readinq. Filed by Senator Fawell.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.
Thank you very much. This is a -- a Commission of Mental Health and Developmental Disabilities bill, and it is co-sponsored by Senator Relly and Senator Lechowicz - and I only have three bills. This authorizes *he -- the -- this authorizes the bond level for community facilities to be raised to seventy-five màllion dollars, while decreasing the bond level for the super collider by the same amount. hnd this will allov us to have facilities built in our local communities. And I would be Willing to answer any questions. Otherwise. I would ask for a favorable vote.
PRESIDING OFPICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Smith.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill was in our commiekee, and I am so sorry tbat you Weren't able to be there, but the Department of Mental Hea1th and Developmental Disabilities opposes this bille and the Department and other interested groups deserve the opporeunity to testify. They were there to testify, and you were not available. And somekhinq of this nature should have had the opportunity to be aired out before the committee, because this bill wk11 encouraqe 208 STATE OF ILLINOIS 86th GENERAL ASSEMBLX FEGULAR SESSION SENATE TRANSCRIPT 33:6 Legislatkpe Day May 22, 1989 more institutions -- and you are talkinq about saving money, savin: money, and I don't see where you are going to do in this instance. And State agencies have already the authority to create Senate Bill 945. I ask that you not vote for this bille because I don't see the use of ite unless it could be aired out before the committee.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Lasalle, Mr. Senator Welch.
A question of the sponsor.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indieates she will yield.
Senator Pawell, the analysts I have says DMHDD opposes the bill. Now they are workinq kith Public Aid and Public Hea1th on the OBRA compliance plan. If we pass this bill and issue all of these bonds for buildinq - I kould imagine these are either CILAS or residenkial facilities - are We going to be able to reduce the amount of noney we spend on OBRA this year, and if so, by how much?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.
This -- this ks also facilities. for instance, for crisis centers, for small residential homes for schizophrenics and nanic depressives khis kype of thing. Qhts bill did receive an extensive hearing in the Commission of Mental Health and Developmental Disabklkties. We did have a great deal of testàmony on this. This is supported by al1 of the various mental health groups, who are desperately seeking funds, so that some of these things can be done in the communities where OBRA actually Wants that work done. 209 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.
Well, it sounds to me like the answer is yes. How much will we be able to reduee the appropriatkon then, because ih OBRA, we are also building facillties? What the State has been asking to do, though, is use General Revenue Funds for buildin: facilities, so can we reduce the OBRA appropriaklon by a eertain amount, and if so, how much would it be?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Pawell.
We have not discussed that as yet, but I can tell you I know personally, in my areaz we have these community mental health facilities, and the reduction on mental health cost to the State has been dramatic. And I think anyone Who has these facilities in their counties ean testify to that.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.
That's it. Thank you.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Fawell, to close.
-- this is the -- the Way that everyone who has testified in front of the -- the commission wants to go. This ts khe way that We should be going. We should be developin: more and more of these community facilities. Ik is -- it is most effective; it is certainly cost effective. And I would solicik your Aye vote. PRSSIDING OFPICER) (SENATOR LECHOWICZ) Senator Pawell moves to discharge the Committee on Public Health, Welfare and Corrections from further considerakàon of 210 STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION :ENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 Senate Bill 945. Al1 those in favor signify by votinq Aye. Al1 those opposed, by voting Nay. The votinq is open. Have al1 voted who wish? Have all voted who wish? Clerk will take the record. On this question, there are 35 Ayes, 13 Nays: 2 recorded as Present. And the motion carries. On Page 68. Senate Bill 966. Senator Eawell. Madam Secretary, read the motion.
I move to suspend a11 applicable rules: and ko discbarge the Senate Committee on Revenue from furkher consideratàon of Senate Bill 966, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Fawell.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Pawell.
Thank you very much. If you liked that bill, you will like this one too. This is for the Girl Scouts. What has happened in the past when the Girl Scouts and the Boy Scouts and the Ys all had these camps and they had a custodial cabin in these camps to ack both as security guards and as the custodian for the -- for the camp, these -- these cabins -- facilities Were alWays exempt. For some reason or other the Department of Revenue put them on the tax rolls this year. My Girl Scout eamp took it to court. They exempt, in effect: half of the -- the -- khe cabin, and also said khat this Was a very, very bad law, and that We should exempt the whole darn thing as they used to be. I know of no opposition. The Girl Scouts and the Boys Scouts and the Ys will thank you if you will please voke yes.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Netsch. The question is -- Senator Fawell moves to discharge the Committee on Revenue from further consideration on Senate Bill 9-6-6. All in favory vote Aye. A11 opposed: vote Nay. The voting is open. Have all voted 2ll STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33:d Legislative Day May 22, 1989 who wish? Have all voted who wish? Clerk, take the record. On this questionv there are 48 Ayes, l Nay, none recorded as Present. And this bill has been discharged, and on 2nd Readinq, receiving the necessary votes. Senate Bill 980. Senator Xustra. Mr. Secreeary, read the motion.
ACTING SECRETARY: (MR. NADRY) move to suspend a1l applicable rules, and to discharge the Senate Committee on Education from further consideraeàon of Senate Bill 980, and that the foreqoing bill be placed on the Calendar on the Order of 2nd Reading. Piled by Senator Kustra.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Ruskra.
Tbank youz Mr. President, Members of the Senaee. Every year here in the General Assembly we engage in the great debate when it comes .to education funding. We pass a lot of laws that mandate whak our local school districts ought to be doing with their dollars, and then when those categorical funding programs come upr we shortchange them in some fashion. We have done that consistently now for a number of years. I think what this bill does is force us to address the issue of categorical funding, and what it simply provides is that in -- in v- the General Assembly shall fully fund categorical programs before funding other educational programs. We now have nine mandated or categorical programs in the law. They are a1l underfunded. It's time we live up to our responsibilities here. I mlghk adde in light of the recent talk on the tax proposal which came from the Speaker of the Vousey that his proposal did just this. In fact, if you take a look at the nine different categorical funding programs, he has fully funded a1l but one, and that's just short by four million dollars. so in essence, what We Would be doing by this bill is putting into 1aw the very same thinq that at least one tax 2l2 STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 proposal has in it rlght now. I urge your favorable consideration.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Winnebago, Senator Holmberg.
Thank you, Mr. President. think Senator Kustra has mentioned what I was going to mention -- is that the tax increase proposal which has come over from the House does exactly this. This issue is a funding issue, rather than a substantive legislative issue. What you are doing here by mandating this is taking money away in perhaps many years from General State Aid, and from the 1985 Reform Programs. We find from time to time as a General Assembly, that what benefits one particular distriet may take away from another. And what we try to do with the amount of money that's available is to apportion it so that everyone qeks a: much equity as possible throughout the Stake. To put this into laW might put certain school districts, already in trouble, in jeopardy. What we need ko do, instead, is to further fund these Programs.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Tazewell, Senator Luft.
Thank youz Mr. President. I want to make sure that I have an idea What we are votinq on here, and 1'11 try to be brief. What you are tçylng to tell ner Senator, is that if the funds that are listed under cateqorical qrants do not receive sufficient funds to be funded, and those -- or the revenues do not exist ko fund khose programs, you're goinq to subtract those revenues from the General State Aid Program that's going, perhaps, to my schoolsz to fund schools in other counties through categorical grants? So if I have a school district that I represent in the City of Peoria, tbat id hurtknq already, and a1l of a sudden some cateqorical 2l3 STATE OF ILLINOIS 86th GENEQAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 grants in Chicago or elsewhere are underfunded, you are going to take money away from the City of Peoria, General State Aid, and give it to categorical grants in some other community?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rustra.
Well, Senator Luft, right now many of those schools, including Peoria Schools, are being shortchanged on the categoricalsy so it depends on what way you want to look at it. We are going to be putting more money in cateqoricals, and by that I suppose you could arque that it will be less money apportioned for General State Aàd.
Further discussion? Senator Kustra, you wish to close?
Well, just to say, Mr. President and Members of the Senate, this is not the first time ke have debated a funding issue. We had Fund Education First here on the Floor a week or so ago. That *as the same kind of issue. What We are trying to do here is establish the fact that if we here in the General Assenbly are going to create programs, we ought to fund them. That's what this does. I ask for your favorable consideration.
A1l right. Senator Kustra has moved to Gkscharge the Committee on Elementary and Secondary Education from furkher consideration of Senate Bill 980, and he asks that ehe bill be placed on the Order of 2nd Reading. Those in favor of the motion will vote Aye. Opposed, vote Ray. 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 24 Ayes, 16 Nays, and the motkon fails. 990. Senator Keats. Read the motion, Mr. I'm -- be: your pardon. Senator Hawkinson, for 2l4 STATE OF ILLINOIS 86th GENERAL ASSEMBLX AEGULAR SESSION SENATE TRANSCRIPT 33:d Legislative Day May 22, 1989 what purpose do you arise?
Pointov.point of personal privilege.
State your poine. SENATOR HAWKINSONZ I let the record show that I pressed my red button, intended to vote No on that past motion, buk the board didn'k liqht.
The reeord wtll so reflect, if it hasn't already. Senate Bill 990. Read the motion, Mr. Secretary.
ACTING SECRETARY: (MR. NAQRV) I move to suspend all applicable rules, and to discharge the Senate Committee on Executive from further consideration of Senate Bill 990: and that the foregoin: bill be placed on the Calendar on the Order of 2nd Reading. By Senator Reats.
Senator Keats.
Thank you, Mr. President. This entire bill is about four lines lonq. This is kind of your American Legion/vpW bill. What it says is when you apply for a State job, you would list Whether or not you had signed up for Selective Service or the draft. It applies only to males above a certain age, born at a certain time, which is how selective service works. cenEral Management Eervices knows -- they already investiqate - if 'you come in for an interview - certatn things. This is one more thing they investigate, so it's no problem. They Jo this anyway. But what it says is if you are supposed to be registered for the draft and you want to be a State employee, you should be registered for the draft. I'd appreciate your affirmative roll. 2l5 STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
Is there any discussion? Any discussion? If not, Senator Keats has moved to discharge the Executive Committee from further consideratkon of Senate Bill 990, and asks the blll be placed on the Order of 2nd Reading. Those in favor of the motion Will vote Aye. Opposed. vote Nay. The voting is open. Have a11 voted who wish? A1l voted who Wish? Have all voted who Wish? Take the record. 0n that question, there are 43 Ayes, 2 Nays, 1 voting Present, and the motion carries. It will be so ordered. 9-9-5. Senator Keats. END OF TAPE TAPE 6 9-9-6. 9-9-6. Read the motion, Mr. Secretary.
ACTING SECRETARX: (MR. NADRV) I move to suspend all applicable rules, and ko discharge the senate Commiktee on Public Hea1th, Welfare and Corrections from further considerakion of Senate Bill 996: and that the foregoing bill be plaeed on the Calendar on the Order of 2nd Reading. Filed by Senator Reats.
Senator Keats. SENATOR REATSI Thank you, Mr. Presldent, Ladles and Gentlemen of the Senate. Today we have been talking on several of these bills on criminal 1aw issues, and saying one of our problems is welve got no place to put criminals. This bill is the private sector prisons bill. It allows for the use of private prisons. It is essentially geared for loeal -- for example, several counties -- could be 2l6 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 downstate -- five counties get together voluntarily, and they rent the space from a privaee individual Who will build it. This is done in other states - Texas is one that's particularly well known. It is totally voluntary; nobody is mandated to do anythinq. It is an option made available. This -- under my billg the Stake would be allowed to do it, but that's a power they have at the Moment, so that it doesn't really change the way things are. Opposition has cone from AFSCME, but support has come from the construetion trades, and I Would seek your posktkve support for this motion.
Any discusskon? Dkscussion? If not, khe questîon às -- Senator Keats has moved to discharqe the Committee on Publlc Healkh, Welfare and Corrections from further consideration of Senate Bill 996, and asks that the bill be placed on the Order of 2nd Reading. Those in favor of the motion will vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who wish? Have al1 voted who wish? Have all voted who Wish? Take the record. On that question, there are 26 Ayes, 18 Nays, voting Present, and the motion fails. 997. Senator Macdonald. Read the mokion, Mr. Secretary.
ACTING SECRETARY: (MR. HADKY) I move to suspend Senate Rule 5c' and that the Committee on Judiciary be discharged from further consideration of Senate Bill 997, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Macdonald.
Senator Macdonald.
Thank you, Mr. Presàdent. Senate Bil1 997 is an attempt to rectify the long going problem of the ARDC funds. This bill requires that fees for admission to the bar and annual fees 2l7 STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 33:4 Legtslattve Day May 22, 1989 assessed aqainst attorneys are to be paid into this fund, in additional to payments of -- to the ARDC. The fees are kdentical to fees now being paid by lawyers to ARDC, and the bill does not delete ARDC funds. Sixky-two other professions pay licensees' fees to the State of Illinois. These funds are audited by the Stater and only lawyers' fees have been shielded by action of khe Supreme court. The bottom line of this legislation may be the only way to clarify the issue of a constitutional mandate regardin: public accountability. The.main issue is that at stake ls the continued auditin: of nine hundred -- nine billion nine hunired and nknety-four dollars in fees that fall under the same category as ARDC fees, if those entities chose not to be audited. This is a very serious, serious matter. and many of us have been concerned over a number of years. I think this is a fair billw and I ask for you to discharge it from committee so we may further debate
Any discussion? Is there any discussion? Senator Dunn.
Thank you, Mr. President. A question of khe sponsor.
Sponsor indicates she Will yield. Senator Dunn.
Senakorp will there be any amendments on this bill?
Senator Macdonald.
I don 't plan to have any amendments on it. No. It's a pretty skraightforward bill az lt is.
Senator Dunn. SENATOR TEOMAS DU&N: 2l8 STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 Is there any evidence of mksspendkng or mksappropriation with the money, currently?
Senator Macdonald.
donlt think anybody really knows, because an audit has never been made.
PRESIDING OFFICER: (SENATOR DEMUZIO) ... tmaehàne cutoffl..pFurther -- Senator Macdonald, for what purpose? Senator Macdonald.
misspoke. I meant by the Auditor General. Audits, I understandz have been made, but they have not been made by the Auditor General, who is the constitutional auditor for the State of Illinois.
PRESIDING OFFICER: (SENATOR DEMDZIO) All right. We are going to hear about that right now. Further discussion? Senator Rock.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This, with all due deference to Senator Macdonaldy is another inept attempt by the inept Auditor General to circumvent at least five court rulings that have now been -- he has now been subjected to. We are talking about the constitutional separation of powers. The Auditor General, unfortunately, happens to work for us. And the supreme court has said that those fees that are paid by private licensed practitloners to the Supreme Court for their disciplinary process are not subject to the Auditor General's audit. Now I have -- shortly I will have copies of an audit by Peat Marwick & Mitchell of those funds. So don't ever say that the funds are not audited. Please. That is absolutely erroneous. The fact is, we are in a eonstitutional confrontatione and the 2l9 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Auditor General, unforkunately , for abouk the past five yearsy ùs in a snit -- a snit, and he is Wrong. And this bill is Wrong, and urge a No voke.
PRESIDING OFFICER: (SSNATOR DEMUZIO) Further discussion? Senator Macdonald may elose.
Thank you, Mr. President. I really don't think, at this particular pointz the Auditor General may be involved very much personally in this bill. But in time the Auditor General will -- this particular Auditor General will have served his term, and other Auditor Generals will follow. It is my concern that those funds that I described -- over nine billion -- that's with a I'B'' -- dollars can fall under this same ruling that has been made by the Supreme Court. I was a delegate to the Illinois Constitutional Convenkion. think that I understood pretty well what our intent was, and I believe that this bill is correct, regardless of what the Auditor General's position is. This bill is a way, really: to fulfill the constitutional intent of the Auditor General of Illinois, whoever he may be -- or she.
PRESIDING OFFICER: (SCNATOR DEMUZIO) Senator Macdonald has moved to discharge the Committee on Judiciary from further consideration of Senate Bill 9-9-7. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 28, the Nays are 20e voting Present. The MoEion Eo Dlscharge falls. Senate Bill 1006, with respect to the motton, Mr. Secretary.
ACTING SECRETARY: (MR. HAKRY) I move to suspend al1 applkcable rules, and to dkscharge the Senate Committee on Finance and Credit Regulations from further consideration of Sena*e Bill 1006, and that the foregoing bill be plaeed on the Calendar on the Order of 2nd Reading. Filed by 220 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senator Etheredge.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Etheredge.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. What this bill does is to increase the Build Illinois Bond Authorization by 327.3 million dollars. I'd be happy to respond to any questions? PRESIDING OFFICERJ (SENATOR DEMUZIO) Discussion? If not, Senator Etheredge has moved to discharge the Committee on Executive from further consideration of Senate Bill 1006, and that the bill be put on the Order of 2nd Reading on the Calendar. Those in favor wil1 indicate -- those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted Who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 26z the Nays are 2l# 2 voting Present. The Motion to Discharge fails. 1007. Senator Macdonald. The motion on Senate Bill 1007, Mr. Secretary.
ACTING SECRETARY: (MR. NAKRX) I move to suspend Senate Rule 5c, and that the Committee on Energy and Environment be discharged fron further consideratton of Senate Bill 1007, and that be plaeed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Macdonald.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald.
Thank you, Mr. President. This bill is an administration bill, and it clarifies the language in the Response Contractors Indemnification Act, so that only that portion of the contract that relates to hazard substance w:ll be considered àn the five percent assessment. I ask for your vote to dlscharge this bill. 22l STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? Senator Welch.
Thank you, Mr. President. One of the reasons Why this bill was held in the commàttee and not put on the agreed bill list, *as because of controversy over the five percent withholding. The Department of Transportation had talked about putting an amendment on here limiting it to -- to their particular contracts, Where the State is involved in -- in carrying out the contract. Senator Macdonald, have you discussed that with the Department of Transportation, and are you going to amend this bill to reflect that limitation?
PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Macdonald.
have not talked to the Department, Senator Welch. I -- I really would -- the unusual procedure that's gone on, I have not talked to them. I would be very willing to talk to them if -- if that is a problem, and I am sure that we could work it out.
PRESIDING OFPICER: (SENATOR DEMDZIO) Further discussion? If not, Senator Macdonald may close.
I would just ask for your affirmative vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald has moved to discharge the Committee on Energy and Envizonment from further consideration of Senate Bill 1007. Those in favor will indicate -- those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wksh? Eave a11 voted who wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 40g the Nays are 6, 2 voting Present. The motion carries, and Senate Bill 1007 is discharged from the Committee on Energy and Environmentz and is 222 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leglslative Day May 22, 1989 ordered placed on the Calendar on the Order of 2nd Reading. Motion with respect to Senate Bill 1008, Mr. Secretary.
ACTING SECRETARY: (MR.. NAKRX) I Zove to suspend all applicable rules, and to diseharge the Senate Committee on Public Health, Welfare and Corrections from further consideration on Senate Bill 1008, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Madigan.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Madigan.
Thank you, Mr. President and Members of the Senate. Senate Bill 1008 makes two changes in the Public Aid Code to bring the Stakutes in line with federal regulations. I know of no opposition to khe bill, and ask for a favorable consideration.
PRESIDING OPFICER: (SENATOR DEMUZIO) Is there discussion? Senator Snith. SENATOR SMITHI Thank you, Mr. President. Would the Senator yield for two questions, please?
PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Smith.
Thank you. Senator Madigan, I Would like to ask: are there any other plans for this bill, as far as you know?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Madigan. SENRTOR MADIGANS Thank you, Mr. Prestdent. Madam Chairman, at this time there are no other plans for this bill.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Smith. 223 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22g 1989
Thank you. Can we gek a commitment from you todayg either your leaders, that this bill will be unamended?
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Madigan.
Well, this is an adninistration bill, Senator. And I wouldn'k want to make that assurance per se. would -- I would assure you khat nothing substantive would be anended on this bill. I think I know what you are gettinq at: as far as the subject materiale and I could make that commitment, but as far as makinq any other slight changes or adding something to it along khe same nature or simllar nature as this bill is# I wouldn't want to make that commitmenk.
All right. Further discussion? If not, Senator Madigan has moved to discharge the Committee on Public Hea1th from further consideration of Senaee Bill 1008, and asks that it be placed on the Qrder of 2nd Readinq. Those in favor of the motion Will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted Who gish? Have a1l voted Who Wish? Take the record. On that questiony there 46 Ayes, 1 Nayy voting Present, and the motion carries. 1009. Senator Fawell. Read khe motion, Mr. Secretary.
ACTING SECRETARY: (MR. NAQRY) I move ko suspend all applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of Senake Bi1l 1009, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Fawell.
Senator Fawell.
224 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SZNATE TRANSCRIPT 33rd Legislatlve Day May 22, 1989 Thank you very much, Mr. President. This is a -- is also an administration bill, and tt's sought by Department of Children and Pamily Service. It's -- failure to thrive of a child bill. The first thing ik does ls if a lieensed physician says that the child is failing to thrive, it shall be prima facie evidence that the minor is neglected. It allows the court the authority to issue an order of protection. If a child is neglected, gives khe DCFS authority to seek an order of protection during or followin: a child abuse and neglect investigation and so on. 1111 be glad to answer any questions. If there aren't anyy I would ask for a favorable vote.
Al1 right. Senator Fawell has moved to discharge the Judiciary Committee from further consideration of Senate Bill 10-0-9. Discussion? Senator Collins.
Question of the sponsor: please.
Sponsor indicates she wkll yield.
You said it is failure to strive?
Thrive bill. Okay?
And you have a definition in there for -- aould you give a definition? PRESIDENT ROCK) Senator Fawell.
That's the term thak -- that it uses in the Statute. Failure to thrive means it's underweight, it's you know, this type of thing. Itls -- it's a neglected child. 225 STATE OF ILLINOIS 86th GENERAT.ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislatkve Day May 22y 1989
Senator Collins.
Would not that determination be nade by a physician now, and would not the Department of Children and Family Servicesr under existin: law, have grounds to deternlne that child is being neglected?
Senator Pawell.
At khe preuent noment it is under another Statute. It's under the Abuse Statuee, and they want to put it under the Neglected Statute.
Purther discussion? Senator Lechowicz.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. According to our analysis, the State's Attorney of Cook County and tbe Cook County Public Guardian is opposed to thks bill. The State's Attorney objects to the conditions placed on a physician who's able to make a diagnosis of failure to thrive, because it, in effect, makes a doctor's credentials an elemene that will need to be proven. Nowe if you have the State's Attorney of Cook County and the Cook County Public Guardian opposed to ehis billy why in the world are we discharging committee Without public testimony, and their lnput?
Senator Pawell. SENATOR FAWELL) Well, what I have been told about this bill is that -- that if a licensed physician declares that the child is -- is failing to thrive, that will prima facie evidence that the Rinor is 226 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33:d Legkslative Day May 22g 1989 neglected. You know don't know obviously, a physician should be able to tell if a child is being neglected or not.
Further diseussion? Any further discussion? Senator Fawell has moved to discharge ehe Judiciary Committee from further consideration of Senate Bill 1009. Those in favor of the motion will vote Aye. Opposed will vote Nay, and the voting is open. Have all voted who wish? Have all voeed Who wish? Have all voted who wish? Take the record. On that question, there are 27 Ayes, 18 voting Nayz 3 voting Present, and the motion fails. 1010. Senator Topinka. Read the motion, Mr. Secreeary.
ACTING SECRETARY: (MR. NANRY) I move tö suspend Senate Rule 5c, and that the Committee on Public Health, Welfare and Corrections be discharged from furkher consideration of Senake Bill 1010, and thak it be placed on the Senate Calendar on the Order of 2nd Readinq. Filed by Senator Topinka.
Senator Topinka.
Yes. Mr. President, Ladies and Gentlemen of the Senate, this amends the Public Aid Code. It baslcally brings us into conformance with chanqes made in the federal 1aw that cover property transfers on part of the indigent. There is also a second section in this which clarifies ehat a person is noE responsible for a mknor who ks marrked and lkves outstde the parentsf home when it comes to public aid policies. And I would ask for your favorable consideration.
Discussion? Discussion? If not, Senator Topinka has moved to discharge the Committee on Public Health from further consideration of Senate Bill 1010. Those ln favor of the motion 227 r STATE OP ILLINOIS 86*h GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22y 1989 wil1 vote Aye. Opposed, vote Nay. The voting is open. A1l voted who wish? Have a11 voted who wish? Have all voted Who wish? Take the record. On tbat question, tbere are 46 Ayes, I Nay, 1 voting Present, and the motion carries. 1011. Senator Barkhausen. Read the notion.
ACTING SECRETM Y: (MR . HAKRX) I move to suspend all applicable rules, and to discharge the Senate Committee on Finance and Credit Regulations from further consideration of Senate Bill 1011p and that the foregoing bill be Placed on the Calendar on the Order of ind Reading. By Senator Barkhausen.
Senator Barkhausen.
Mr. President and Members, this is a housekeeping proposal of the Commissioner of Banks and Trusts, amending the Banking Act and Retail Installment Sales Act dealinq With our recent law on -- on credit card diselosure. Apparently Ehere is some confusing terminology in that Act, which this measure seeks to correct. It does' I assure you, absolutely nothing substantive, nor is it intended for a vehicle for any other amendment on this subject. And I ask for your support.
All right. Senator Barkhausen has moved to discharge the Committee on Finance from fureher consideration of Senate Bill iQll. Discussion? Senator Zito.
Tbank you, Mr. President, Members. Once again, I rise in opposition. :he reason this bill was not on an agreed bill list, is because we have just enacted our credit disclosure laws, and now, before it even goes into effect, We are going to be exempting certain items from credit disclosure. The Senate spoke 228 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRI9T 33rd Legkslative Day May 22, 1989 overwhelmingly on belng able to have these credit cards and any other bank dealings -- have this exposure. I donft know why We are starting to exempt them now. I thlnk it is the wrong time and the wrong place, and would stand in opposition to thls motion. PRESID/NT ROCK: Further discussion? Further dàscussion? Senator Barkhausen has moved to discharge the Committee on Senate Bill 1011 from further consideration of the Finance and Credit Regulations Comnittee, and asked -- that the bill be placed on the Order of 2nd Reading. Those tn favor of the motion Will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted Who wish? Have al1 voted kho wish? Have a1l voted who Wish? Take the record. On that question, the Ayes are 25, the Nays are 21, and the motion fails. 1012. Senator Keats. Read the motione Mr. Secretary.
ACTING SECRETARX: (MR. HAKRX) I move to suspend all applicable rules, and to discharge the Senate Comnittee on Finance and Credit Regulations from further consideration of Senate Bill 1012, and that khe foreqoing bill be placed on the Calendar on the Order of 2nd Reading. By Senator Keats.
Senator Keats.
My final two of the day are this and the next one. Chairman zito of the einancial Institutions committee was gracious enough to put thks on the aqreed list, and ik was inadvertently left off - this and the next one both. This ls an administration bill, legitimate cleanup issues, and I Would appreciate that it be put on 2nd Reading. could explain more if someone would làke to ask questions.
229 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senator Keats has moved to discharge the Committee on Finance from fureher consideration of Senate Bill 1012. Discussion? Senator Zito.
Thank you, Mr. Presàdent. Senator Keats ls absolutely correct. Senate Bill 1012 and 1013 were supposed to be on the agreed bâll list; they were not. Maybe we can take them along one roll call and expedite Ehem.
All right. Senator Keats has moved to discharge the Committee on Finance from further consideration of Senate Bill 1012. Those in favor of the motion wil1 vote Aye. Opposed, vote Nay. The voting is open. Have all voted kho wish? Have al1 voted who wish? Have all voted who Wish? Take the record. On that question, there are 48 Ayes, no Nays, none voting Present, and the motion carries. 1013, Mr. Secretary.
ACTING SECRETARY: (MR. RAKRY) I move Eo suspend a1l applicable rules, and to discharge the Senate Comnittee on Finance and Credit Regulations from further consideration of Senate :ill 1013, and that khe foregoing bill be placed on the Calendar on the Order of 2nd Reading. By Senator Keats.
Senator Keats.
I'd sure appreciate the same rolk call, same reasons. This was inadvertently left off the aqreed bill liste an administration btll. I'm glad to answer any questions: should anyone have any.
All rlght. Senator Keats has moved to discharge the Committee on Finance from further consideration of Senate Bill 1013. Those in favor of the motion will vote Aye. Opposed: vote Nay. The 230 STATE 0F ILLINOIS 86th GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslatkve Day May 22, 1989 voting is open. Have all voted who Wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, khere are 51 Ayes, no Nays -- 52, no Nays, none voting Present. The motion carrkes, and it's so ordered. Top of Page 69, Ladies and Genklemen. Senate Bill 1029. Read the motion, Mr. . ( Secrekary.
ACTING SECRETARY: (MR. HAKNY) I move eo suspend Senate Rule 5c, gnd that the Committee on Judiciary be discharged from further consideration of Senahe Bill 1029, and that it be placed on the Senate Calendar on *he Order of 2nd Readinq. Piled by Senator Kustra.
Senakor Kustra.
Thank you, Mr. President and Members of the Senate. Senate Bill 1029 introduces into Illinois law a new anti-crime kool called the ''genetic finqerprint.'' Sexual assaults are oftentimes committed by previously convicted sex offenders. And what this bill does is establish a DNA Bank here in Illinois, which would require all persons convicted of a sexual offense or instikutionalized as sexually dangerous people, to submit or furnish to the Department of State Police blood and saliva specinens. These would be analyzed and categorized into genetic marker groupings. This bank of DNA information would Ehen be available to 1aw enforcement agencies and prosecutors. We are familiar, of course, with finqerprinting. All I can say is that this makes fingerprinting look like a nineteenth century approach. It is like thirty billion to one that you would ever have the same DNA as someone else. Therefore, it's a powerful anti-crime tool in the area of sexual assault, and I Would ask for your favorable consideration.
231 STATE OF ILLINOIS 86th GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22r 1989 Al1 right. Senator Kustra has moved to discharge the Judiciary Committee from further consideration of Senate Bi11 1029. Discussion? Senator Dunn.
Thank you: Mr. President. A question of the sponsor.
He indicates he will yield. Senator Dunn.
Senator, my analysis says that this is already in existence on 3rd Reading in Senate Bill 126.
Senator Kustra.
Thatds my understanding that that amendment is goin: to be Tabled, but Senator Hawkinson can speak to that.
Senator Hawkinson.
Senator, thae amendment was put on by mistake, and Will be Tabled. It is on the reeall list.
Further discussion? Further discussion? If not, Senator Kustra bas moved to dîscharge the Commkttee on Judiciary from further consideration of Senate Bill 1029. Those in favor of the motion will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wtsh? Have al1 voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 47 Ayes, no Nays, l voting Present, and ehe motion carries. 1030. Senator Madigan. Read the motionz Mr. Secretary.
ACTING SECRETARY: (MR. KADRY) I move to suspend a1l applicable rules, and to diseharge the Senate Committee on Public Health, Welfare and Corrections from 232 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 further consideration of Senate Bill 1030, and that the foregokng bill be placed on the Calendar on the Order of 2nd Reading. By Senator Madigan.
Senator Madiqan.
Thank you, Mr. President, Members of the Senate. Senate Bill 1030 is essentially a cleanup bill, which deletes references to an advksory hospïtal council and the statewide Hea1th Coordinatlng Council, due to the fact that these programs are no longer in existence. And I would ask for iks adoption.
All right. Senator Madigan has moved to discharge the Comnittee on Public Hea1th from further consideratlon of Senate Bill 1030. Any discussion? If not, those in favor of the motion will vote Aye. Opposed, voke Nay. The voting is open. Have all voted who wlsh? Have all voted who Wish? Have a1l voted who wish? Take the record. On that question, there are 46 Ayes: l Nay, none voting Present, and the motion carries. 1032. Senator Barkhausen. Read the motion, Mr. Secretary.
ACTING SECRETARY: (MR. NAQRY) I move to suspend al1 applicable rules, and to discharge the Senate.Committee on Insurance, Pensions and Licensed Activities from further consideration of Senate Bill 1032, and khat the foregoing bill be placed on the Calendar on the Order of 2nd Readinq. By senator Barkhausen.
Senator Barkhausen.
Mr. President and Members: Senate Bill 1032 is an administration bill of khe Department of Insuranee. It's a consumer billy it's fair to sayp tn that it does for automobile 233 STATE 0F ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislakive Day May 22, 1989 insurance what Senate Bill 1200, approved in 1986, did With regard eo commercial insurance, in that it now requires an insurer: or would require an insurer, to turn over to an insured loss knformation reqardkng any claims experienced by the insured. Senate Bill 1200 did that. I did not realize until the Department of Insurance came forth with this -- with this administration bill, that apparently that requiremene as a result of 1200 did not also apply to auto knsurance. So that is the main provision of this bill. I'd be happy to answer your questionsz and otherwise solicit your support.
All right. Senator Barkhausen has moved to discharge the Committee on Insurance from further consideration of Senate Bill 1032. Discusuion? Senator Jones.
ïeah. Thank you, Mr. President. Will the sponsor yield?
He indicates he will yield. Senator Jones. SENATOR JONESZ Senator Barkhausen, do you plan to amend khiô bill on 2nd Reading?
Senator Barkhausen.
There is one amendment khat I intend to propose, that deals wàth the disclosure of reserves that have been set aside for specific claims. The bill, as it is written, requires a disclosure of loss experience and a description of the occurrence, which really ought to be adequate. For some reason the bill, as drafted, also provides for the disclosure of reserves, and I would intendy with an amendment, to take out that requirement.
234 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senator Jones.
Well, there are some good provisions in the bill. However, had the Director came to the Committee to discuss this, and we could have worked on these problems. know the bill has some problems, and I know you didn't appear, even though it is an administration bill. And I hope that we could sit down and Work out some of the problems so that we could have a good bill that's oue: not one that is worked on behind closed doors. We Want everything to be in the open, so I don't know What this bill miqht end up being, Senator. You plan to place an amendment on &t, actually maybe weaken the bill. That is the reason Why I Will oppose your motion.
Al1 right. Further discussion? Sepator Barkhausen has moved to discharge the Committee on Insurance from further consideration of Senate Bill 1032. Those in favor of the motion will vote Aye. Opposed, vote Nay. The voting is open. A1l voted Who kish? Have all voted who Wish? All voted who wish? Take the record. On that question, there are 36 Ayes, 10 Nays, 2 voeing Presentg and the motion carries. 1037. Senator Etheredge. Read the motion, Mr. Secretary.
ACTING SECRETARX: (MR. NADRX) I move to suspend all appllcable rules, and to discharge the Senate Committee on Executive from further consideration of Senate Bill 1037, and khat the foregoin: bill be placed on the Calendar on the Order of 2nd Readàng. Dy Senator Etheredge.
Senator Etheredge.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Thîs is an administration bill which establishes the 235 STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslative Day May 22, 1989 Illinoks Superconductivity Coordinating Council within the Deparknent of Enerqy and Natural Resources. I think a1l of you are familiar with the -- the discovery of about fifteen sixteen months ago at the Argonne National Laboratory, Which involved a -- a very significant development ,in the area of high temperaeure superconductivity. The purpose of thls council -- it primary is to facilitate a a networking relakionship between the university laboratories, the federal laboratories: and industry. I would be happy to respond to any questions.
Discussion? Any discussion? Senator Etheredge has moved to discharge the Commitkee on Executive from further consideration of Senate Bill 1037. Those in favor of the mokion will vote Aye. Opposed, vote Nay. The voting is open. A11 voted who wish? Have all voted who wish? Have a11 voted who Wish? Take the reeord. On that question, there are 49 Ayes, no Nays, l voting Present, and the motion carries. 1113. Senator Philip. Read the motionr Mr. Secretary.
ACTING SECRETARY: (MR. NAKRY) I move to suspend Senate Rule 5c, and that the Committee on Revenue be discharged from further constderation of Senate Bil1 lll3y and that ie be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Philip.
Senakor Philip.
Thank you: Mr. President, Ladies and Gentlemen of Ehe Senake. Senate Bill 1113 is the Governor's proposal of an eighteen-cent tax increase on cigarettes: cigarsp snuff and chewing tobacco. Cor the purpose of school, drug and laW enforcement. I am suggesting thae we put it on 2nd Reading. I will have an amendment for it, lowering it to maybe two or five cents, hopefully passing it over 236 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 33rd Legkslative Day May 22, 1989 to the Eouse, and sonetime in the end of June, Workkng out some kind of a compromàse, if that's feasible. So 1'11 ask -- answer any questions, and ask for a favorable consideration.
A1l right. Senator Philip has moved to discharge the Revenue Commàttee from further consideration of Senate Bill 1113. Discussion? Senator Netsch.
Thank you -- thank you, Mr. President. r am inclined to say, Senator Philip, it's yours this time - you can have it. I would like to ask one question, though. You mentioned just noW khat you were thinking of amending it on the Floor. There was an amendment that was to be offered in committee, although: of course, no one was ever there to offer it# which would have, as I remember it actually deleted the tobacco products part of the tax, and reduced the cigarette tax to just one cent a pack. I realize that was not necessarily intended to be the final version. That is not the amendment you plan to offer on the Ploor now. Am I correct in that?
Senator Phillp.
Quite frankly, I don't know yet. I'm assuming it's going to be probably something a little different.
Senator Netseh.
Thank you. I am going to vote Xes to help you discharge the bill. Actually, I've supported the tobacco products tax - in fact, I have sponsored it for the last few years, anyway. And I still think it is a matter of qood tax policy, and I still believe, also, that we could increase the ciqarette tax some. 237 STATE 0P ILLINOIS 86th GENERKL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 doubt if eighteen cents nakes good fiscal policy, but think is a legitimate increase that we could look to. I -- there is no -- as far as I ean tell, there really is no good vehicle around to work with if we do not discharqe this bill. So at least for one, am going to vote Yes on
Further diseussion? Senator Jones.
Yeahw thank youe Mr. President. Since we are discharging the Revenue Committee: eould we take it on one roll call - Senake Bill 67 and also 1113 - since they are kax increase billsw and put them all on 2nd Reading?
Leave has been denied for that one.
I didn 't hear you.
ean see tt in their eyes. leave is -- leave is not going to be granted for that one. All right. Senator Philip has moved to discharge the Committee on Revenue from further consideration of Senate Bill 1113. Those in favor of that motion Will vote Aye. Opposed wtll vote Nay, and the voting is open. Have all voted who wish? Have all voted who kish? Have all voted who Wish? Have all voted who wish? Take the record. On that question, there are 29 Ayesy 19 Nays, 1 voting Present, and the motion fails. 1118. Senator Etheredge. Read the motion.
ACTING SECRETARY: (MR. NANRY) move to suspend all applicable rules, and to discharse the Senate Committee on Appropriations I from further consideration of Senate Bill 1118, and that khe foregoin: bill be placed on the Calendar on the Order of 2nd Reading. 3y Senator Etheredge.
238 STATE OP ILLINO'S 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22z 1989 Senator Etheredge. SENATOR ETHEREDGE: Thank you, Mr. President, Ladies and Gentlemen of the Senate. This -- the net impact of this bill is to decrease the unissued authorization of GQ bonds by 269.1 million dollars. It does that by rescinding the 536.6 six million dollar authorization for *he SSC and then increases them in other categories. However, the net resulk is a decrease of two hundred and sixty-nine million.
All risht. Senator Ekheredge has moved to discharge the Conmittee on Appropriakions I from further consideratîon of Senate Bill 1118. Discussion? If not, those in favor of the Motion to Discharqe will vote Aye. Opposed will vote Nay, and the voting's open. Al1 voted who wish? Have all voted Who wish? Have all voted who wish? Take the record. On that questkon, there are 45 Ayes, 2 Nays, l voting Present, and the motion carries. 1121. Senator Keats. 1125. Senator Barkhausen. Read the moeion.
ACTING SECRETARY: (MR. WAQRY) I nove to suspend a11 applicable rules, anG to discharge the senate Committee on Finance and Credit Regulations from further consideration of Senate Bill 1125, and that the foregoing bill be placed on the Calendar on the Order of 2nd Readinq. By Senator Barkhausen.
Senator Barkhausen.
Mr. President and Members, this is an administration bill requested by the Department of Savinqs and Loans . I don't knok if they are around to lobby for it. Itis merely a housekeeping measure. I'd be glad to answer any questions, and otherwise ask for a favorable vote.
239 STATE 0F ILLINQIS 86th GENERAL ASSRMRLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislaeive Day May 22e 1989 A1l right. Senator Barkhausen has moved to discharqe the Commiteee on Finance from further eonsideration of Senate Bi11 1125. Discusslon? Senator Zito.
Thank you, Mr. President and Members. Davez this isn't a bad bill. Ik's a technical billr for the iosk part. The only controversial subject matter that I -- I see is increasin: the number of employees who may be directors of an association: but it has come from the -- khe Department. From those of you who are not interested in increasing the employee number, I would suggest you vote No. But for the most part, it's of a technical nature.
Senator Barkhausen has moved to discharge the Committee on Flnance from further consideration of Senate Bill 1125. Those in favor of that motion Wkll vote Aye. Opposed, vote Nay. The voting's open. Have a11 voted who wish? Have all voked who wish? Have all voted who wish? Take the record, On that question, there are 36 Ayes, 8 Naysy 2 voting Present, and the motion carries. 1130 is held at the ' request of the sponsor. 1139. Senator Maitland. Read the motion: Madam Secretaryz please.
I move to suspend al1 applicable rules, and to discharge the Senate Committee on Public Health, Welfare and Corrections from further consideratkon ot Senate Bkll 1139, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by senaeor Maitland.
. .e tmachine cutoffl.e/senator Maitland.
Thank you, Mr. President and Members of the Senate. Senate Bill 1139 seeks to b0th increase the reimbursement rate and decrease the length of payment cycle for long-term health care in 240 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33:d Legislatkve Day May 22, 1989 Illinois. It further, also, in the event that interest payments are made, those payments will come from the next year's appropriation, therefore' Will not affect khe integrity of the reimbursement level for that given fiscal year. I Would seek your support.
Al1 right. Senator Matkland has moved to discharge the Committee on Public Health from further consideration of Senaee Bill 1139. Discussion? Senator Smith.
Thank you, Mr. President. I1d like to say to my colleague that this bkll, as I understand it, is 9oin9 to be 79.4 million dollars to 192.8 million with a figcal impact. It didn't say anythinq about next year. The nursing home reimbursement will be addressed during the Governor's summik. And I understand that at that ttme that this would be discussed: and that don't you think that this bill is a little bit premakure? I understand that the Department of Public Aid is against this - right now.
All righe. Further dâscussion? Further discussion? Senator Maitland has moved to discharge the Committee on Public Hea1th from Senate Bi11 -- further consideration of Senate Bill 1139. Those in favor of that motion will vote Aye. Opposed kàll vote Nay, and the voting ks open. Have a1l voted who Wish? A1l voted who wish? Have a11 voted Who wish? Take the record . On that question, there are 38 Ayes, 8 Nays' none votlng Present, and the motion carries. 1158. Senator Topinka. Read *he motion, Madam Secretary.
I move to suspend Senake Rule 5c, and that the Committee on Local Government be discharged from further consideration of Senate Bill 1lS8, and that ik be placed on the Senake Calendar on 241 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SEXATE TRANSCRIPT 33rd Legislative Day May 22, 1989 the Order of 2nd Reading. Filed by Senator Topinka.
Senator Topinka.
Xes. Mr. President and Ladies and Gentlemen of khe Senatey this bill amends the Municipal Code, and it authorizes munieipalities to exercise eminent domain ko acquire lands for the purpose of the control of flooding. At present this apparently is implicit in the law. We make kt explkcit herey and right now we would certainly appreeiate ik in certain parts of Cook County that have a tendency to flood overwhelmlngly. And I would ask for your favorable vote.
A11 right. Senator Topinka has moved to discharge the Committee on Local Government from further considerakion of Senate Bill 1158. Is there any discussion? Senator Zieo.
Thank you, Mr. President and Members. First of allr would ask, leave of the Body to be added as a hyphenated chief sponsor of 1158. There is absolutely no question that this bill is essential to khe west suburban area of Cook County, which Senator Topinka and I represent. There are so many communities that are strugglin: to cope with the flooding problens we have with the Deoplaines Riverv that eminent domain in some instances ks necessary, and I would ask and encourage Members on my side of Ehe aisle to support this motion.
All right. The Gentleman seeks leave to be added as a co-sponsor. Without objection, leave is granted. Senator Topinka has noved to discharge the Committee on Local Government from furkher consideration of Senate Bill 1158. Those in favor of that motion will voke Aye. Opposed will vote Nay. The voting is open. 242 STATE 0P ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Have all voted who wish? Have a11 voted who wish? Have all voted Who wish? Take the record. On khat questionr there are 42 Ayes, 5 Nays, 2 voting Present, and the motion prevails. 1159. Senator Geo-Karis. Read the motion, Madam Secretary.
I nove to suspend Senate Rule 5c, and that the Commitkee on Local Government be discharged from further consideration of Senate Bill 1159, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Piled by Senator Geo-Karis.
Senator Geo-Karis.
Mr. President, Ladies and Gentlemen of the Senate. This bill requires a frontdoor referendum in a county of under three million before a forese preserve distriet can issue bonds for any reason except the development of lands already in the district's possession. Under the current law, a forest preserve district may issue bonds for the acquisition of up to fifty-five thousand acres of land, and levy a property tax to pay for these bonds without approval at referendum. I feel they should have a referendum before khey do that, and I am asking for a favorable consideration on my Motion to Discharge. If we could have school district: have to be responsible and put their cause before referenda, I certainly think the forest preserve distriets should have the same responsibility. PRESIDENT ROCKr All right. Senator Geo-Karis has moved to discharge the Committee on Local Government from further considerakion of Senate Bill 1159. Is there any discussion? If not, those in favor of that motion will vote Aye. Opposed. vote Nay. The voting is open. Have all voted who wish? Have al1 voted who wtsh? Have all voted who wish? Take the record. On that question, there are 243 STATE OF ILLINOIS 86th GENZKAL ASSEMNLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 36 Ayes, 6 Nays, 3 votinq Present. The motion earries. 1163. Senator Geo-Karis. Read the motion.
I move to suspend Senate Rule 5c, and that the Committee on Local Government be discharged from further consideration of Senate Bill 1163: and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Geo-Karis.
Senator Geo-<arls.
Mr. Presàdent, Ladies and Gentlemen of the Senate, I had an opporkunity ko research the law on a municipality wanting ko create its own fire department, and have found that the rire Prokection District Law is so tight, that itfs so onerous for a municipality to do so. And what my bill says: it eskablishes procedures for the disconnection of a municipality from a Fire Protection District, and I don't need lt for my city, where I am Mayor: because we have our own fire deparement. Howeverg there are other cities who have ten twelve khousand population who would like to be able to do it. This bill establishes a proper proeedure for -- for a municipality disconnection -- to disconnect from a fire protection district: and it still would assume its responsibilities -- financial responsibilities that may be involved. So I would ask for a favorable consideration for my Motion to Discharge. My co-sponsor on this is Senator Jacobs. PRESIDENT Rocxr All right. Senator Geo-Karis has moved to discharge the commiktee on Local Government from further consideration of Senate Bill 1163. Discussion? Senator Demuzio. S/NATOR DEMUZIO: Well. Thank you, Mr. President. It's my understanding that there are a number of individuals and groups with respect to the 244 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33:* Legkslatkve Day May 22, 1989 orqanized groups -- the Illinois Association of Pire Protection Districts, Northern Illinois Fire Chiefs Association and many other fire districts that would have testified against this legislationz including the Countryside Fire Protection District in Senator Geo-Karis' district. Apparently the bill is really not needed. That there is already current law Which -- permits the districts to be dissolved by referendum, which is Chapter one hundred and kwenty-seven and a half. paragraph thirty-five and thirty-six. And if there are any other provisions of this bill, perhaps it needs a hearing, and I Would rise in oppositi /on to the Motion to Dlscharqe.
Further discussion? Senator Holnberg.
I would really caution the Members of the Senate to think carefully before voting ko discharge this bill before it's had a hearing. It's going to affect about seventy percent of your fire protection districts, and there are still many technical problems with the bill. There are no opportunities for the electors to be heard under this sequence of events, and there is no safeguard that fire service will be provided by khe municipality prior to disconnection from the district. Whenever we tamper with the fire protection that people have, we have to be very, very sure that we put Ehe proper sequence in place so that everyone seays proteckede and that's why this bill needed a hearing. In fact, we were going to have a separate hearing on this bill, because khe fire protection districts wanted to be sure it was worded very carefully.
Further discussion? Senator Jacobs. SENATOR JACOBS) Thank youp Mr. Preskdent, Ladies and Gentlemen of the Senate. 245 STATE OF ILLINOIS 86th GENENAL ASSEMBLX RECULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Not speakinq to the discharge motion, but to the intent of the bill is# I would disagree respectfully khat the bill is neededy and I think that there are some definite problems, and as a former Mayor I can attest to that. So I am in favor of hearing this bill.
Further discussion? Senator Zito.
Well, thank you, Mr. President. apologize for belaboring the eonversation, but I want every Member that has a fire proteetion district in his or her lesislative districk to eake a lons: hard look at this legislation. There is not one fire protection district in the State of Illinois that suppores ehis bill or the Motion to Discharqe. What this will allow is any municipaliky to pull out of a fire protection district. I know I represent two fire protection districts. Both of them have spoke out loud and clear about their opposition. I am sure that many of you have heard from yours as well. This is a bad ideaz ouqht not to be done, and we shouldn't be doing it here. Please vote No against the Motion to Discharqe.
Further diseussion? Further discussion? Senator Geo-Karis may close.
Mr. Presidenk, Ladies and Gentlemen of the Senate. if you really want a qood hearing, le* this bill get on the Floor, because what you are forgettinq is the Illinois Municipal League is for the bill, and what you are thinking about is only your your fire protection districts. However: what about the various municipalities? Any affected district would have thirty days to file suit, stating the dàstrict's abilities to provide service and remain in the district, and it won't be impaired. So I don't 246 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22: 1989 think your -- your arguments are riqht at all. I ask for a favorable vote to discharge.
A11 right. Senaeor Geo-Earis has moved to discharge the Committee on Local Governmenk from further consideration of Senate Bill 1163. Those in favor of that motion will vote Aye. Opposed will vote Nay. And the voting is open. Have al1 voted who Wish? Have al1 'voted who wish? Have a11 voted who wish? Have all voeed who wish? Take khe record. 0n that queseion. khere are 13 Ayes, 30 Nays, none voking Present, and the motion fails. 1174. Read the moeion. Boktom of mage 69, Ladies and Gentlemen. 1174, Madam Secretary.
I move to suspend Senate Rule $cz and that the Committee on Transportatkon be discharged from further consideration of Senate Bill 1174, and that it be placed on khe Senate Calendar on the Order of 2nd Reading. Filed by Senator Raica.
Senator Raica .
Thank you, Mr. President and Ladies and Gentlemen of the Senate. What this does, lt amends the Vehicle Code and Emergency Medical Services Systems Act and an Act in relation to State finance. It imposes an additional fine of one hundred dollars for certain traffic offenses. Any additional penalky will be placed in a Trauma Center Fund created by Ehe SEaEe Treasury for grant: to trauma centers. This is regarding a lok of the cosks khat are eneumbered by the trauma centers within this State. This ts just to qive khem a helping hand. It is supported by a1l the trauma centers.
Discussion? Is there any discussion? Senator Raica has moved 247 STATE OF ILLINOIS 86th GBNERAL ASSEMNLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislatkve Day May 22, 1989 to discharge the Committee on Transportation from further consideration of Senate Bill 1174, and asks that the bill be placed on the Order of 2nd Reading. Those in favor of that Motion will vote Aye. ûpposed, vote Nay. The voting i: open. All voted who wish? Have all voted Who wish? Have all voted Who wish? Take the record. '0n that question, there are 42 Ayesp 2 Nays, none voting Present: and the motion carries. Top of Page 70, Ladies and Gentlemen. Top of Page 70. 1175. Senator Davidson. Read the motion, Madam Secretary.
I move to suspend all applicable rules, and to discharge Senate Committee on Judiciary from furtber consideration of Senate Bill 1175, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Davidson.
Senator Davidson.
Mr. President and Members of the Senatey this bill makes changes in the Illinois compensation program for innocent victimsy and makes it -- makes the Illinois compensakion program eligible to maintain federal funds that it receives, and if we don't get this done by October of 1990, we will drop out of the federal fund guidelines. If you have an Illinois citizen that is injured in another Skate, they would be unable to recover. We have already dropped nowz from -- down from what we stare. Righ: now khere is a hundred and twenty-five million available federally. After ninety-one will be a hundred and fifty million a year through ninety-four.
A1l right. Senator Davidson has moved to discharge the Committee on Judiciary from further consideration of Senate Bill 1175. Any discussion? If not, those in favor of that motion will 248 STATE OE ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 vote Aye. Opposed, vote Nayy and the voting is open. Have a11 voted who wish? A11 voted Who wish? Have a11 voted Who wish? Take the record. On that question, there are 44 Ayes, 3 Nays, l votinq Present, and the motion carries. 1176 will be held at the request of the sponsor. 1177. Read the motion, Madam Seeretary.
move to suspend all applicable rules: and to discharge the Senate Committee on Publkc Hea1th, Welfare and Corrections from further consideration of Senate Bill 1177, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Kustra.
Senator Kustra.
Thank you, Mr. President and Members of the Senate. This bill is a reaction to the Laurie Dann incident of last year. Those of us who have wondered and worried about the POID Card and its administratbon have oftentimes asked hoW they have any idea whether someone has been treated or institutionalized for mental kllness. The fact ks, ttîs very difftcult for the Department of Mental Hea1th to keep and provide to the Department of State Police any records of institutionalization. This bill attempts to do that. It requires private hospieals to provide to the Department of Mental Hea1th such information, in order to comply wikh recording requirements. It would be a confidential list. would be held by the Depar*ment of Meneal Health. Anytime someone then Would apply for a POID Card : that list would be checked to see if this person had a hiseory of institutionalization for a mental disorder. I would urge your favorable consideration.
Al1 right. Senator Kustra has moved to discharge the Committee on Public Health from further consideration of Senate 249 STATE 0P ILLIHOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22y 1989 Bill 1177. Discussion? Senator Smith.
Thank you, Mr. President. I'd like to -- oppose khis bill. I know it came as a result of a situation that happened in your distriet, but the Department of Mental Health is opposed to this bill, about the workload -- the increase of Workload ehat they going are to have. And I wanted to know had you conferred with them? They wanted to testify; you had many people Who wanted to testify on this particular piece of legislation, and they Were not given opportunity to do so. So I wanted to know, bave you been able to confer with them? Otherwise, the Department is against ehis leglslation.
Senator Kuskra.
Yes, Senator, I am aWare they are against it. They told me they were against it. Prankly, I don't even remember What the basis of their objection 1s. I don't understand Why the Department of Mental Health would Want to stand in the Way of an opportunkty to do checks on people who have been institutionalized for mental disorders, as lon: as the list can be kept confidential.
... lmachine cutoffl...senator Smith.
Thank you. One thing is the confidentiality -- that is One of the -- and then, rkght in our book here, it says that the Department also believes that the bill does nèt increase *he ability of the State to regulate possession of a Firearms Owners Identifieation Card. And your legislation does not assure Ehem that this is going to happen as a result of your bill.
250 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22e 1989 A11 right. Further discussion? I am sorry. Senator Smith. Any further discussion? Senator Xustra haE moved to discharge the Commitkee on Publie Health from further consideration of Senate Bàll 1177. Those in favor of that motion will vote Aye. Opposed, vote Nay. And the voting is open. A1l voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 36 Ayes, 8 Nays, none voting Present, and the motion carries.
PRESIDING OPFICER: (SENKTOR LZCHOWICZ) m.. lmachine cutoffl.v.senate Bi1l 1178. Madam Secretary, read khe motion.
I move to suspend all applicable rules, and to discharge the Senate Committee on Judiciary from further consideration of Senate Bill 1178, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OPFICER: (SENATOR LECEOWICZ) Senator Barkhausen.
Mr. President and Members, three years a9o we passed a 1aw that extended ehe period of time during which certain types of child abuse and child pornography offenses can be prosecuted inasmuch as it was felt that the -- that the minors ought to have the opportunity to bring this charge after they becone adults. There has been some confusion as to whether - in an inconsistent interpretation of thts statute - as to whether iE applies eo ko only those crimes that are discovered after the effective date of the Act or as toz I should say, wheeher it applies only to those whkch are committed after the effective date of the Act, or whether it also applies to those crimes that are discovered after the effective daee of our -- I believe it Was 1986 legislation. This bill would make it clear thak we intend to have it apply to 251 n STATE OF ILLINOIS 86th GZNERAL AESEMBLY REGULAR SESSION SENATZ TRANSCRIPT 33rd Legislatkve Day May 22, 1989 all crimes that are discovered, and not simply those commitked after the effective date of Public Act 84-506 and Public Act 84-1280. I'd be happy ko answer any questions, but as I say, this would -- we are gettàng some very inconsistent interpretations of this important new criminal Statute, and this is intended to clear it up . PRESIDING OFPIPKR: (SENATOR LECHOWICZ) Any discussion? Senator Dunn. SENATOR THOMAS DUNN: Thank you, Mr. President. A question of the sponsor, if he Will yteld. PRESIDING OFPICER: (SENATOR LECHOWICZ) He indicates he'll yield. SENATOR THOMAS DUNN: Will there be any amendments on this, Senator? PRSSIDING OFFICER: (SENATOR LECHOWICZ) Senakor Barkhausen. SENATOR BARKHAUSEN: No. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senaeor Dunn. SENATOR THOMAS DUNN: You are extending the Statute of Limitations. Is thak correck? PRESIDING OFFICER: (SENATOR LECHOWICZ) Eenator Barkhausen. SENATOR BAREHAUSEN: No. That Was done in tbe 1985 or '86 legislation. It is Rerely trying to clarify the original intent of that law to say khat -- that it will apply to crimes discovered as kell as those committed, after the effective date of that earlier legislakion. Othervise, ie could effectively prohibit the prosecution of khese 252 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33:û Legkslatîve Day May 22: 1989 offenses under thê extended Statute of Linitations for eighteen or maybe even twenty-one years.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen, to elose.
A favorable roll call, please.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to diseharge the Committee on Judiciary from further consideration of Senate Bill 1178. A1l in favor, vote Aye. All opposed: vote Nay. Voting is open. Have all voted who wish? Have all voted who wish? The clerk will kake the record. On khis question, there are 29 Ayes, 16 Nays, 5 recorded as Present, and tbe motîon is lost. 1199. Senator Barkhausen. Madam Secretary, read ehe motion.
I move to suspend a1l appltcable rules, and to discharge khe Senate Committee on Judiciary from further consideration of Senate Bill 1179, and khat the foregoinq bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
Mr. President and Members, this is a straighkforward proposal to do what we favorably voted upon last year, Whieh is to increase the potential penalties fron reckless driving from a Class B to a Class A misdemeanor. As say, we have voted Ehis out of here before, and ik qot hung before on a conference committee that was never acted upon in the House. And I'm simply askinq for your support agakn for this measure.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Barkhausen moves ko discharge the Committee on Judàciary on Senate Bill 1179, and that be placed 253 STATE OF ILLINOIS 86th GENERAL ASSEMKLY REGULAR SESSION SENATE TRANSCRIPT 331d Legkslative Day May 22, 1989 on the 2nd Reading. All in favor signify by saying -- a1l those in favor siqnify by votlng Aye. All opposed, by voting Nay. Voting is open. Have a11 voted who wish? Have all voked Who wish? On this question, there are 30 -- Clerk' take the record. On this question, there are 40 Ayes, 8 Naysz recorded as Present, and the motions prevails. And House -- Senate Bill 1179 is on 2nd Readinq. Senate Bill 1180. Senator Barkhausen. Clerk, read the motion.
I move to suspend a1l applicable rules, and to dlscharge the Senate Committee on Judiciary from further consideration of Senate Bill 1180, and thak the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Piled by Eenator Barkhausen.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senate Bill 1180. Senator Barkhausen, on *he motion.
Mr. President and Members, Senate Bill 1180 )s, I thinkg equally straightforward, perhaps sömewhat Rore controversialr in that it creates a new offense of the willful or reckless communication of Acquired Immuno deficiency Syndrome virus, that is AIDS. The penalty is a Class 4 felony for a first offense, and a Class felony for a second or subsequent offense oecurring after a previous conviction. As AIDS becomes more prevalent in societyz I khink we are beginning to read aboue eases, or ean inaqine cases, in which - even though it is hard to imagine - those who are tragically infected with this virus are suffering in such a mental way that they deliberately take it upon ehemselves to communicate tbe disease, and 1 think it is only appropriate that action of that kind be made a serious criminal offense. and that is the reason for the bill. I'd be happy to entertain any questions.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 254 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Is khere any discussion? Any discussion? The questlon is -- Senator Barkhausen moves to discharge the Committee on Judiciary from further consideration of Senate Bill 1180. All those in favor signify by voting Aye. All opposed, by voting Nay. The voting is open. Have a1l voted who wish? Have al1 voted Who wish? Clerk, take the record. On this questàon, there are 42 Ayes, 7 Nays, none recorded as Present, and the discharge prevails, and Senate Bill 1180 is on 2nd Reading. Senate Bill 1181. Senator Barkhausen. Madam Secretary, read the motion.
I move to suspend all applieable rules, and to discharge the Senate Commitkee on Judâciary from further consideration of Senate Bill 1181, and that khe foregoin: bill be placed on the Calendar on *he Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR LECHOWICZ) senator Barkhausen.
Mr. President and Members, unlike the earlier bill that we had on the subject of the noneonsensual eavesdropping or wiretap law. This, I hope, will be noncontroversial, at least for those who supported Senaee Bill 1987, in that it is merely a cleanup. It comes at the request of khe eechnical investigations section of ehe Departmenk of State Police, and it does a number of things which , hopefully, are sek forth in your analysis. It is unlike the earlker bill that we debated a While ago. does not extend this law enforeement deviee to any additional crimes other than the ones for which it has already been approved. Ifd be happyg however, to answer any of your questions.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any diseussion? Senator Barkhausen moves to discharge the Committee on Judiciary from further consideration on Senate Bill 1181. Al1 those in favor siqnify by voting Aye. A1l 255 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day . May 22, 1989 opposed, by voting Nay. Tbe votkn: ks open. Have a1l voted who vish? Have all voted Who Wish? Please take the record. On this question, there are 47 Ayes, l reeorded as No, none recorded as Present, and khe motion prevails: and Senate Bill 1181 is on 2nd Reading. Senate Bill 1182. Madam Seeretary: read the motion.
I move to suspeûd all appltcable rules, and to dkscharqe the Senate Committee on Judiciary from further consideration of Senake Bill 1182: and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkbausen.
Mr. President and Members, a week or more ago we had some discussion on the Floor abouk a Criminal Code bill that believe Senator Severns was sponsoring, that related somehow to khe recent Supreme Court case of People versus Lindner. This is - which I happen to regard as an unfortunate decision. What it did was to declare unconstikutional the sanction of license revocation or suspension for certain sex-related offenses, and I believe drug-related offenses. This is an attempt to further narrow that sanction, or the application of that sanekion, to those sex-related and drug-related crimes that are committed while operatinq a motor vehicle. We believe that by providinq this -- this so-called nexus between the commission of an offense and the operakion of a motor vehicle, we will be able Eo pass khe constitutional hurdle that tbe Supreme Court set down in its recent decision. Again, I'd be happy to answer your questions.
PRESIDING OPPICER: (SENATOR LECHOWICZ) Any discussion? Senator Barkhausen moves to discharge the Committee on Judiciary I am sorry. Gentleman from Rock Island, Senator Jacobs . 256 STATB OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989
Thank you, Mr. Chairman. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR LECHOWICZ) He lndicates he will.
Not to the motionz but to the bill. Did this one-year suspension, did that take place after they Went to prison, or before they went to prison?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
After the conviction: the Secretary of State would then act upon it.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jacobs.
So in that case, if he would qo to jail for two years, he would serve the suspension while he Was in jail. Correct?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
If. in fact: he went to prisonr thak may Well be the case. But as you know, commission of many of these offenses, even upon conviction, results in probationary sentences, periodic imprisonment, and the like.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Benator Jacobs, on the motion -- no. Senator Dunn.
A question of the sponsor, Mr. Presidenk.
PRESIDING OFFICER: (SPNATOR LECHOWIOZ) Ee indicates he Will yield.
257 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Well, if it isn't serious enough to go to jakl, why do we want to take away his drivkng privileges so he becomes unemployed and then gets money from the State?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen.
... tmachine cutoffl...we are really seeking to clarify existing law, inasmuch as we had already taken action ko impose this driver's license sanction for these crimes in a much broader way than we are attempting to do here, by limitinq it only to those situations were these crimes are committed while operating a motor vebicle.
PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Barkhausene to close.
I'd ask for your support.
A1l right. Senator Barkhausen has moved to discharge the Committee on Judiciary from further consideration of Senate Bill 1182. Those in favor of thak motion will vote Aye. Opposed, vote Nay. The voking is open. Al1 voted who wish? Have all voted who wish? Have al1 voted Who Wish? Take the record. On that question, there are 31 Ayes, 11 Naysr 3 voting Present, and the motion carries. 1183. Senator Donahue. Read the motlon, Madam Secretary.
I move to suspend al1 applicable rules, and to discharge the Senate Committee on Elementary and Secondary Educakion from further consideration of Senate B111 1183, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Donahue.
258 STATE OP ILLINOIS 86th GENERAL ASSEMNLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senator Donahue.
Thank you, Mr. President. The reason I am calling this motion is that it is different from Senator Watson's Senate alll 759. It does do the same thkng wkth Caskmkr Pulaski Hotiday; it makes it commemorative. Ik leaves it open to the local school districk whether or nok they wank to have the day off, but this goes a little bik further. And a little-known fact: even though We a1l get the Friday after Thanksgiving as a holàday, and itls a normal holiday, it isn't a legal holiday. And we are trying to establish that day as American Heritaqe Day, so that wedre able to study, and to learn a little biE about, our heritage and those people -- founding fathezs and wbat have you, that have done so much for this great country. I would ask for your Motion to Discharge Senate Bill 1183.
Senator Donahue has moved to dàscharge khe Committee on Elementary and Secondary Edueation from further consideration of Senate Bill 1183. Discussion? Senator Lechowica. Senator bechowicz.
Mr. President, ik's unfortunate to have to debate this issue twice in one day, maybe three or four times. But unfortunately: I really have no objection to khe Lady's motion on the first half of her bill, but naturally my objeckion would be to the second half. The schools presently have Friday off after Thanksqivinge but I think we are doin: a total disservice to the many indlvàduals who really participated in Ehis democratic -- passion, function, Whether ik be in the General Kssembly or really going through the respective membership of every district in this State in tryin: to reeognize individuals who have contributed to this great democracy. And unfortunaeely, I -- we have seen the assault twice 259 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 today. Thank God, that a similar measure was defeaked in the House, and I would hope that khe Membership of this Senate Would realize that there are a lot of people who kake special recoqnition, whether it be a commemorative holiday or a school holiday or a State holiday. It is up to the individual State officer, county officer to declare their respective jurisdietions wheeher they 're going to pareicipate or not. But many people in thls State found Pulaski Day after a lon: struggle, and appreeiate the fact that the schools and the banks are closed thak day. And for this reason, I am going to have to oppose the Lady in her Motlon to Discharge the Committee.
Further discussion? Senator Dudycz.
Thank you, Mr. President. I agree with Senator Lechowicz. It is very disillusioning that some of our colleagues are just constantly trying to remove this holiday in honor of a great American Revolutionary War hero. As Senator Lechowicz skatedg this is the second time we are debating the holiday for Pulaski. We defeated the motion on Senate Bill 759, and I urge - let's defeat this one, too.
Further discussion? Senator Kelly.
Thank you, Mr. President. I've seen Senator Lechowicz under siege herey and I have deeided to join his team. This issue has was debated, I supporked Senator Watson. but I do think it's been -- it's very close to beinq duplieative, and I would urge its defeat.
Purther discussion? Senator Topinka.
260 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Leqkslatkve Day May 22g 1989 Yese Mr. President and Ladies and' Gentlemen of tbe Senate. You know, I think some issues are very unique to Illinoisg and this is one. Now maybe Pulaski Day miqht not be important in Minnesota or Montanae but the Polish communkty has made signifieant contributions to the State of Illinois. It would probably be something like New Orleans declding to make a State holiday for La/ayette or something like thatw and I think this is so endemic to our State. I really would appreciate it if we could keep Casimir Pulaski on the books.
Further discussion? Senator Donahue may close.
Thank you, Mr. President. Wellr I would say to all those thak didnft mean to be duplicative because I'm -- we're trying to establish the American Heritage Day. But I would just say khat it's very hard for those in downstake Illinois to learn abouk Casimir Pulaski when they are not in school. I would hope you'd help me wîth this motion.
A11 right. Senator Donahue moves -- has moved to discharge the Committee on Elementary and Secondary Education from further consideration of Senate Bil1 1183. Those in favor of that motion will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l voted Who wish? Have al1 voted who Wish? Eave a11 voted Who wish? Take the record. On that question, there are 23 Ayesr 20 Naysy 2 voting Present, and the motion fails. 1184. Senator Topinka. Read the motion, Madam Secretary.
I move to discharge the Committee on Higher Education from further consideration of Senate Bill 1184, and that tt be advanced to 2nd Reading. Filed by Senator Topinka.
26l STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senator Topinka.
Yes, Mr. President and Ladies and Gentlemen of the Senate, this bill would require *he Department of Public Health to try and address the nursing shortage in the State - which Wefve all acknowledgedr but so far haven't done too mueh about - to provide five hundred new scholarships annually for nursing education. It does provide for a payback for recàpients who fail to fulfill employnent requirenent. Also, if they fail we charqe interest - I mean: I don't think anybody's getting anything for nothàng - but it certainly does make things available and encourage people to go and stay in nursing. And I Would ask for your favorable vote.
All right. Senator Topinka has moved to discharge the Committee on Higher Educa*ion from further consideration of Senate Bill 1184. Diseussion? Senator Collins.
Question of the sponsor.
Sponsor indicates she will yield, Senator...
Senator Topinka, is there really a shortage of nurses in Illinois, are we -- do We have people that go into nursing that refuse to that get out and qet other jobs because of the pay and the way khey are being treated?
Senator Topknka.
Well, I am -- in answer to Senator Collins, she does bring up a good point - khat there are okher reasons Why people do not qo into and/or stay lnto nursing. But the result, unforkunately, is ultimately the same - that our hospitals, our nursinq homes and 262 STATE OF ILLINOIS 86th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22g 1989 other areas where nursing -- nurses are really and vitally needed, are just not getting the nurses. Not to mention that our nursing schools are no longer being able to attract even beginning freshman classes. So this is one people -- one way I think we can attract people to that profession.
Senator Collins.
Senator, I understand what you're tryin: to do, and I sympathize with khat, but I don't khink it's going to solve the problem. Because even if you attract them and you give them the seholarship, and after they complete their nursing training, find out they can get a better paying job someplace else in another profession, you still not going to solve the problem until we begin to address some of the real problems that faces nurses in this State. We jusk haven't been willing to face up to that responsïbility yet.
All riqht. Senator Topinka has moved to discharge the Commitkee on Higher Education from further consideration of Senate B1ll 1184. Those in favor of that motion will vote Aye. Opposed, vote Nay. The voting is open. A11 voted who wish? Have al1 voted who Wish? Have all voted Who wish? Take the record. On that question, there are 43 -- 44 Ayesg no Nayse none voting Present, and the motion prevails. Al1 right. Ladies and Gentlemene we are -- about ready to Eurn *he corner. The bottom of Page 71 will conclude the motions except for the supplemental. Madam Secretary: perhaps ke ought to pass the supplemental out so that everybody can get themselves prepared.
PRBSIDING OPFICER: (SENATOR LECHOWICZ) Senate Bill 1216. Madam Secretary, read the motion.
263 STATE 0F ILLINOIS 86th GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 I move ko suspend a1l applicable rulese and to discharge the Senate Committee on Local Government from further consideration of Senate Bill 1216, and thak the foreqoin: bill be placed on the Calendaz on the Order of 2nd Reading. Piled by Senator Kustra.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Out of the record, at the request of the sponsor. Senate Bill 1257. Senator Topinka. Read the motion, Madam Seeretary.
move to discharge the Committee on Higher Education from further consideration of Senate Bill 1257, and that it be advaneed to 2nd Reading . Piled by Senator Topinka.
PRESIDING O'FICER: (SENATOR LECHOWICZ) Senator Topinka.
Yes, Mr. President and Ladies and Gentlemen of the Senaee. This, too, addresses scholarships for nursing, and I am putting it out here just so we have something here at the end of the line that does indeed address this problem. We would provide that the State Board of Education provides scholarships for nursing education. The Seake Board of Ed is authorized now to annually award an unspecified number of seholarships for person -- persons taking courses to become professional -- registered professional nurses, and we again put kn an înducement to do thks to payback, and things of thak sore. So I would appreciate your favorable vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any dkscussion? Senator Topknka moves to dkscharge the Qommittee on Hiqher Education from further consideration of Senate Bill 1257. All those in favor signify by voting Aye. All opposed, by voting Nay. The voting is open. Have all voted who wish? Have all voted who Wish? Please take the record. On this questkon, there are 49 Kyes, no Nays, none recorded as Present, 264 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 33r: Legislative Day May 22, 1989 and the motion prevails. And Senate Bill 1184 -- no - 1257 is on 2nd Reading. Senate Bill 1271. Madam Secretary, read the moeion.
I move to suspend Senate Rule 5c, and that the Committee on Local Government be discharged from further consideration of Senate Bill 1271, and that it be placed on the Senake Calendar on the Order of 2nd Reading. Filed by Senakors Priedland and Schaffer. END OF TAPE TAPE 7
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor Friedland.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1271 affects an area in districts that are served by Senator Schaffer and myself. The problem is there are two smal; fire departments in ehe area that do nok provide rescue service. This, through a frontdoor referendum, would authorize khe citizens, following the referendum, to establish a rescue service, and we urge your favorable consideraeion of this.
PRESIDING OFFICER: (SENATOX LECHOWICZ) Any discussion? The Lady from Winnebago, Senator Holmberg.
Thank you: Mr. President. I think one of my concerns is that townships already may levy up to nine and a half cents for ambulance service, and may deelare any portion of an unincorporated area of a township as a special ambulance service district. It doesn't really seem neeessary that we Would need to 265 I STATE OF ILLINOIS 86th GENEKAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT I 33rd Legislative Day May 22, 1989 create a new unit of local government. I think we have to be careful before we do this. PRESIDING OFPICER: (SENATOR LECHOWICZ) 'he Gentleman from McHenry: Senator Schaffer. SENATOR SCHAFFER: Mr. Presâdent, Members of the Senater we looked at that option. This district happens to include parts of several townships, including some rather minute parts of several townships. It's currenely served by a volunteer rescue squad that ; has done a very effective job. The two fire protectkon dkstrkcts are -- are both very good operations, good people, but they juse would prefer to 1et the rescue squad people do their thing and theyëll do their -- the fire districts just want to fight fires. The leqal eagles that they had discussed the option that the Senakor from Winnebago just talked about: advised then that it wasn't a workable option, so they came to Senator Friedland and myself: and asked for our assistance. This is an area that would like an opportunity, by frontdoor referendum, to create a rescue squad dlstrict. I don't think it affects any other part of the State. I khink it's carefully drawn to just touch this one area. The people there are very proud of .their rescue squadz and I thknk ' the chances of a referendum succeeding are -- are very decent, and I would very much recommend this bill to you for passage. PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Friedland moves to discharge the Committee on Local Government from further consideration of Senate Bill 1271. A1l khose in favor, vote Aye. Al1 those opposed, vote Nay. The votin: is open. Have a11 voted who wish? Have all voted who wish? Please take ehe record. On this questiony there are 47 Ayes, no Nays, l recorded as Present, and the motion carries. On Page 71 appears 1273. Senate Bill 1273, at the request of the sponsor, is out of the record. 1274. Out of the record at the 266 j ( I STATE OF ILLINOIS 1. 86th GCNERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 33rd Legislative Day May 22r 1989 request of the sponsor. Senate Bill 1317. Senaeor Madigan. Out of the record. Senate Bill 1319. Senator Etheredge. Madam Secretary, read the motion. SECRETARY HAWKER: I move to suspend all applicable rules, and to discharqe the Senate Committee on Energy and Environment from further consideration of Senate Bill 1319, and that the foreqoin: bîll be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Etheredge. PRESIDING OFFICSRI (SENATOR LECHOWICZ) The Gentleman from Rane, Senator Etheredge. SENATOR ETHEREDGE: Thank yous Mr. President. Ladies and Gentlemen of *he Senatey this is an administration bill. What it does is eo require Ehe Department of Energy and Natural Resources and khe CDB to work together in the establishment and implementation of energy conservation capital retrofit programs for state buildings. I would be happy to respond to any questions. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The Gentleman from Lasalles Senator Welch . SENATOR WELCH: Thank you, Mr. President. I would just like to say that this bill is a weakened version of Senate Bill 38, that we have already passed out onto 2nd Readinq, that Will be voted on this week. This bill is much more limited in scope. In face, ehe tWo Departments that are involved with this did not want ko pass legislation creating much authority to do anything here. They said they already had the authority. This is a minimal effort on ' their part to try to juskify kllling Senate Bill 38. I think that thks bill probably should be left in committee, whele it -- justly deserves to remain. This bill is not goin: to apply to many instances that Senake Bill 38 applies to. In particular it is 267 I 1 t I STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 going to save mueh less money for the State. Whae the bills will do is to allow for the capture of savings due to energy conservation. The energy conservation money will then be spun off into a bonding fund to improve energy conservation throughout the State of Illknoks. The bkll probably should remaîn where it is# and I would urge a No vote.
PRESIDINC OFFICER: (SENATOR LECHOWICZ) Senator Etheredge, tö close.
Thank you, Mr. Presldent. I would urge an Aye vote on this Motion to Discharqe. There are some very siqnificant differences between Senate Bill 38 and Senate Bill 1319, not the least of whlch is that under the terms of Senate Bill 38, we're called upon to establish an entire new agency to deal with this problem. A new agency that: with this administrative overhead, that will increase the expense to the State of Illinois. I think the approaeh that is spelled out in 1319 is a much better approach, and I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor Etheredge movel to dkscharge the Committee on Enerqy and Environment from further consideration of Senate Bill 1319. All in favor, vote Aye. A1l opposed, vote Nay. The voting is open. Have a1l voted who Wish? Have a1l voted who Wish? Clerk will take the record. On this question, there are 28 Ayes, 19 Aye -- Nays, 3 recorded as Present. And the motions fails. Senate Bill 1326. Senator Schaffer. Madam Secrekary, read the motion.
move to suspend Senate Rule 5c, and that the Committee on Public Hea1th, Welfare and Corrections be discharged from further conslderation of Senate Bi11 1326, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator 268 STATE OF ILLINOIS 86th GENEKAT, ASSSMBL: REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 Schaffer.
PRESIDING OPPICER: (SENATOR LECROWICZ) Senakor Schaffer.
Mr. President, Menbers of the Senate. The Governor has convened, I khink as mos: of us know, a health summit comprised of Members of both caucuses in b0th Chambers, and public members. And that summ'it is in the process of taking, hearing, and arriving at a report and recommendations. The purpose of this b1ll, 1326, is to serve as a vehicle for any recommendations that come out of that summit, and that's all ik is. And it -- based on the progress we are making thus far, may be one that slts on the Calendar for a while. But hopefully thak summit will come forkh with some good recommendations that will have bipartisan support, and was asked to advance this bill to serve as a vehicle for those, and I have no other agenda for this bill.
PRESIDING OFPICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Smith.
Thank you very kindly.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Excuse me# Margaret. Please, please continuey Senator Smith. Senator Smith.
Mr. President and Ladies and Gentlemen of the Senate. And to my eolleague, I am opposed to this -- letting this bill out, because: as you say: it is a vehicle bill, and we do no* know how far it is intended to go. Now there are two packages already that has been sponsored by the Democrat and one by the Illinois Hospikal Association, hospital bills. And then in the House, there are numerous bills that possibly -- that your -- your legislation amended on any of his -- ehe Governor's bills that he 269 STATE OP ILLINOIS 86th GENEPAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 wants to put into action, can be amended onto those bills, and we will have an opportunity to hear them . And so for that particular reason, I am really opposed to this -- letting this out of the Committee. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schaffer -- to close. SENATOR SCRAFFER: Well, franklyz think I have detected enough vehicles flightinq around this place in the last week or so to fill a parking lot. So I can't really get offended about the concept. I sincerely suspect that Senator Caryoll is not frighefully interested in the amendmento to his proposal, and I doubt he would like to see his proposal referred to as a vehâcle. I think the intent of the bill, and I am being as candid and up-fronk as I can be, is to respond to the recommendations of that summit. And I would frankly/ respectfully point out to you. based on a1l of the particlpations in the summit, that I'm less likely to be enthusiastic about the recommendations than Senator Smith is. But the administraeion has asked ko get a bill in position so that any recommendations tbat we can reaeh consensus on have a clear-cut avenue that does not impinge upon Senator Carroll's agenda, or anybody else's agenda, and that's the purpose of the bill. And I'd like to see it go forward. Thank you. PRESIDING OFFICER) (SENATOR LECHOWICZ) Senator Schaffer moves to discharqe the Committee on Public Healthy Welfare and Corrections from furEher consideration on Senate Bill 1326. All in favor: vote Aye. All opposed, vote Nay. The voting is open. Have all voked who wish? Record me as No# please. Have all voted who wish? Have a11 voted Who wish? Please take the record. On this question, there are 37 Ayes, 11 Nays, 2 recorded as Present. And the motion prevailsy and Senate Bill 1326 will be on 2nd Reading. Senate Bill 1331. Senator 270 b STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 . Barkhausen. Please read the motion, Madam Secretary. SECRETARV HAWKER : I move to suspend all applicable rulesz and to discharge the Senate Committee on Judiciary from further eonsideration of Senate Bill 1331, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Piled by Senator Barkhausen. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen. SENATOR BARKHAUSEN: Mr. President and Kembersy Senate Bill 1331 is one of the recommendations that comes from the administration, following up the Governor's State of the State Address, in which he appealed to a1l of us to seek to adopt some addieàonal measures to enable us to gek at the very serious problem of drug-related crime and excessive -- well: illegal druq use in general. This is one of two of a criminal law nature. It amends the Criminal Code and provides a Class A misdemeanor and a Class 4 felony for succeeding offenses for students or unauthorized persons who, on school properky and without permission, use or even possess pocket pagers. I hadn't realized it until the subject came up, but apparently those who are active ln the illegal drug trade - I guess particularly on school property - are inclined to carry out their offenses oftentimes by use of these pagers. And that is the reason for the measure. I'd be happy to try to answer your questions, and otherwise solicit your support. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Gentleman from Lasalle: Senator Welch. SENATOR WELCH: Mr. President: 1'd just like to point out that I have a pager bill. There are several pager bills comlng over from ehe House. Ik seens to be the most popular bill this years so I would urge that we keep at least one pager bill back în committee. And I 27l i I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 would urge a No vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Barkhausen moves to discharqe khe Commi*kee on Judiciary from further consàderation of Senate Bill 1331. Al1 in favorr vote Aye. All opposed, vote Nay. The voking is open. Have al1 voted who wish? Have a1l voted who wish? Please take the record. On this questionz there are 27 Ayes, 19 Nays, 2 recorded as Present: and the motion is losk. Senate Bill 1332. Senator Watson. Madam Secretary, please read the motion.
I move to suspend Senate Rule 5c, and thak the Commitkee on Publie Health, Welfare and Correetions be discharqed from further consideration of Senate Bill 1332, and that it be placed on khe Senate Caleniar on the Order of 2nd Reading. Filed by Senakor Wakson. PRESIDING OFFICER) (SENATOR LECHOWICZ) Senator Watson.
Thank you: Mr. Presidenk. I khink welre al1 aware of the growing problem thak steroid abuse is creating, not only in the State of Illinois: but throughout thiu country. The Alcohol and Substanee Abuse Advisory Council has been discussin: this issue in the Controlled Substance Committee for the last couple of years. And wedve come up With What we think is a piece of...
PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me# Senator. Please continue.
Thank you. We've come up wtth what we think is a piece of legislation that will hopefully address this issue. Part of the problem: as you well know: of course, the Ben Johnsons of the world, and now we are hearing al1 about it in khe professional football and a 1ok of our professional athletes. And abuse is a 272 STATE 0P ILLINGIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 lack of education among our young people, and really letting them know what the problems are and what might occur to the individual who abuses steroids. Part of this Ack is to set up a statewide educatkon program, and fund it# to enable us to ge* the word out on the abuse of steroids and what eould do to an individual. Another provision of the bill simply establishes penalties for possession and distribution of anabolic steroidsr and as I mentioned: it sets up this education fund. I'd be glad to answer any questàons: but I do think it's legislation that is -- has been deliberated in khe Committee on Alcohol and Substance Abuse for quite some time, and I Would appreciate a favorable vote. PRESIDING OFFICERI (SENATOR LECHOWICZ) The Lady from Cook, Senator Smith.
lmaehine cutoffl.x.you, Mr. President. I am remknded of the word that was given to use about a week or so ago from the other side of the aisle about duplicake. Beinq duplicate in everythinq that we are doing, and said if it was over on their side: it would be dead. This is khe same thing that We are going through riqht today. Senator Watson, the bill thak you are seeking to get out of Committee -- Senator <sicb Breslin in the House Bill 252 -- Senator Marovitz - he has one identically like the one you are seeking to get out of committee, and I think that we would be doing nothing but duplicating -- duplicating what is already has been -- it's already in the process. Breslin from the House. and Senator Marovitz, riqht here in the Senate. And so I would say to all my friends to let us vote this down.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Neksch. SENATOR NZTSCH) Thank you, Mr. President. I Would like to say, as a Member of the Advksory Council to the Department of Alcoholism and Substance 273 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Abuse, that Senator Watson is correct - that thts bill has been in the works for a period of several years, and the bill that is before you now does reflect the deliberation:, Which I think were very thoughtful ones of that Committee. I think it is a good bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Bond. Senator Watson, to close.
Yes. Thank you, Mr. President. Senator Smiths -- l don'k believe you're correct in your assumption that there is other legislation before this Body that -- that deals in the same manner in which this particular bill deals. But the bill in which Senator Marovitz is the sponsor simply sets up a Class C felony, I ehink it is. It's not -- doesn't direct the issues of education. It doesn't direct the issues of distribution. It directs the issues of possession. This parkicular piece of legislakion's got a multikude of sponsors from both sides of khe aisle who I khink realize that there is a problemz and that something needs to be done in this State to address it. would be mosk appreciative of a favorable vote. Thank you. PRESIDING OFFICERI (SENATOR LECHOWICZ) Senator Watson moves to discharqe the Committee on Public Hea1th, Welfare and Corrections from furkher consideration on Senate Bill 1332. A1l in favore vote Aye. All opposed, vote Nay. The voting is open. ïes, ma'am. Thank you. Have all voted who wish? Have al1 voted who wish? Please take khe reeord. On this question, there are 44 Ayes, 4 Nayse none recorded as Present. And the motions prevails' and Senate Bill 1332 is on 2nd Reading. Senate Bill 1333. Senator Kustra. Mr. Secretary, please read k the motion. ACTING SECRETARY) (MR. HANRY) I move to suspend a11 applicable rules, and to discharge the 274 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legkslative Day May 22# 1989 Senate Commîttee on Education fron further consideration of Senate Bi11 1333, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Offered by Senator Kuskra.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Kustra.
Thank you, Mr. President and Members of the Senate. This is one of two bills I have dealing with limitations on smoking, and Mr. President, I might point out that I arrived a little late today for Session, because of a medical emergency in the family. I have already mentioned this to Senators Rock and Demuzio. As a result. Senate Bil1 l59 Was passed over in my absence, and I would like the opportunity to go back to that one. This one, Senate Bill 1333, requires school boards to prohibit the use of tobacco on school property when such property is used for school purposes. And would ask for your favorable consideration, and would be glad to answer any questions at such time as it gets on 2nd Readlnq or 3rd. PRESIDING OFFICER) (SENATOR LECHOWICZ) Is there any discussion? Senator Kustra moves to discharge the Committee on Elementary and Secondary Education from further consideration on Senate Bill 1333. Al1 in favor, vote Aye. All opposed, vote Nay. The votinq is open. Have al1 voted who wish? Have all voted who wish? Please take the record. On this question, there are 41 Ayes, 4 Nays, l recorded as Present. And the motions carries. 1334 Ksic> is on 2nd Reading . Senate Bill 1350. Senator Kustra. Please read the bill, Mr. -- please read the motàonr Mr. Secretary.
ACTING SECRETARY: (MR. HAKKY) move to suspend all applàcable rules, and to discharge the Senate Committee on Elementary and Secondary Education from further consideration of Senate Bill 1350, and that the foregoinq 275 STAQE OF ILLINOIS 86th GENERAL ASSEMPLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22e 1989 bkll be placed on khe Calendar on the Order of 2nd Reading. By Senator Kustra.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Ladies and Gentlemen, 1 know the hour is getking laee. Let's give khe Gentleman your attention. Gentleman from Cook, Senator Kustra.
Thank youy Mr. President. This is a bill that creates three new grant programs administered by the State Board to increase scientific likeracy. It is a proposal of the Governor's this year. It also creates a Center for Scientific Literacy. The grant programs I can discuss at the appropriate time. 1'11 answer any questions now, if need be.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Kustra moves t? discharge the Committee on Elementary and Secondary Education from furkher consideration on Senate Bill 1350. Al1 those in favor, vote Aye. All those opposed: vote Nay. Voting is open. Have a11 voted Who wish? Have all voted who wish? Please take the record. On this question, there are 45 Ayes, l Nay, 1 recorded as Present. And the motions prevails, and Senate Bill 1350 will be on 2nd Reading. Senate Bill 1368. Senator Macdonald. 0ut of the record. Senate Bill -- I am sorry. 1467. Senator Collins. Mr. Secretary, read the motion. 1437. Read the motion.
ACTING SECRETARY: (MR. HADRX) move to discharge the Agriculkure Commiktee from furkher consideration of Senate Bill 1437: and that khe bill be placed on the Calendar on the Order of 2nd Reading. By Senator Colllns.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Collins.
Thank you, Mr. President. This b111, unlike most of the other 276 STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TEANSCRIPT 33rd Legislakive Day May 22# 1989 bills, did not have an opportunity for a hearing in Committee, beeause it erroneously ended up into a committee -- a subcommittee, to be heard with a pesticides bill, and that was a nistakey because I think the staff thought that in the beginning that this bill was a pesticide bill. It has been called to *he attention of the staff and the Chair of the Committee that ehis bill should be given opportunity for hearing on the Floor. And that -- and the -- the necessity of this bill: and I am sure that most of you recognize that wieh the growing coneern over pesticides in food: and that has necessitated I mean proliferated an addikional businesses that purport to sell organic food. Unlike sixteen other states in this country, Illinois has no laws ak all which determines what is organic food in this' State, and I think it's unfair to the consumers, who are really concerned over the use of pesticides in their food, to believe that they are, in fact, buying orqanic foods for eheir family, and they are paying three times as much and sometime even more than that for the same foods, only ko find out thak the foods have the same kind of chemicals in them as nonorganic grown food. So what this bill slmply does, it says that if you are going to sell organic foods in khe State of Illinois, you Would adhere to some standards, just as other states have provided for standards for khe sale of and growkh of organic food. I will be happy to answer any questions. To my knowledge, the Department of Ag is neutral on the bill. Their estimates, in terms of what this costs, is basically for administration, and khey talked abou: maybe tWo investigators to be added to go out and to take a look at this, but I do think we oWe thls, and if we don't do it now, we are qoing to do it sooner or later. The people of this State deserves a right to -- if they, in fact, are going to pay for orqanic food, ko have organic food.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 277 STATE OP ILLINOIS 86th GENERAL ASSCMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Will the Lady bring her remarks to a close? Okay. Any discussion? The Lady from Adams: Senator Donahue. SENATOR DONAHUE) Thank you' Mr. President. I suppose 1111 1et the Chairman of Ag speak for himself, but as far we know, that this was not erroneously sent ko a subcommittee. And I think to say ehak 'it doesn't have anythin: to do with a pesticide -- peseicides -- is also incorrect. It does have things to do with peseicide and the pesticide issue. What this bill does is se* up a bureaucraey to tell people basically whatfs not in their food, than what is in their food. The Department of Agriculture is neutral on thise but it does have a fiscal impaet of a hundred and twelve thousand dollars a year. And I rise in opposition to this motion.
PRESIDING OFPICER: (SCNATOR LECHOWICZ) Gentleman from Jefferson, Senator O 'Daniel. Chairman of the Committee.
Thank you, Mr. President. I agree With Senator Collins. This bill was mistakenly held in Comnittee, and should have moved out - it really isn't in the group with the pesticide bills, and I would support her motion.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor Collins, to elose.
I move for a favorable roll call. PRESIDING OFFICERI (SRNATOR LECHOWICZ) Senator Collins noves to discharge the Committee on Aqriculture from further consideration of Senate Bill 1437. All in favor, vote Aye. A11 opposed, vote Nay. The votinq is open. Have al1 voted who Wish? Have all voted who wish? Have all voted who wish? Clerk will take the record. On this question, there are 25 Ayes: 24 Nays, 2 recorded as Present, and ehe motion fails. 278 STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislative Day May 22, 1989 Senate Bill 1439. Senator Etheredge. Out of the record. Senate Bill 1445. Senator Philip. Read the motion, Mr. Secretary.
ACTING SECRETARY: (MR. HAARY) I move to suspend Senate Rule 5c, and that the Committee on Judiciary be discharged from fureher consideration of Senate Bi11 1445, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator Philip.
PRESIDING OPFICER: (SENATOR LECHOWICZ) The Gentleman from Dupage, Senator Philip .
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1445 amends the Controlled Substance Act. Any person eonvicted of a drug-related felony ineligible for various State service for one year. If they're convicted for the second drug-related felony conviction they would be ineligible for three years. If they get convicted for the third time, you'd be not eligible for any State program. This ls -- would be a Class 3 felony, and it pertains to selling of drugs. I'd be happy to answer any questions, and ask for a favorable roll call.
Any discussion? All right. senator -- senator Philip has moved to discharqe the Committee on Judiciary from further consideration of Senate Bill 1445. Those in favor of that motion Will vote Aye. Opposedy vote Nay. The voting is open. A1l voted who wish? Have a1l voted who wish? Have al1 voted who Wish? Take the record. On tbat questione there are 45 Ayes, 2 voting Nay, none voting present, and the motion carries. Page 72. Senator Watson. Motions in Writing to Reconsider. Middle of Page 72, Ladies and Gentlemen. There is a Motion in Writing to Reeonsider the vote by which Senate Bill 4-4-9 passed. indicated to Senator Watson last week we would get to this at the earliest opportunity. Read the motion, Mr. Secretary, please. 279 STATE OP ILLINOIS 86th GENERAL ASSCMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22: 1989
ACTING SECRETARY: (MR. HAPRY) Having voted on Ehe prevailing side, I move to reconsider the voee by which Senate Bill 449 passed.
Senator Watson.
Yes. Thank you, Mr. President. I was inadvertently in the phone b00th when this particular bill came up for discussion on the Senate Floor. I walked out of the phone b00th: came over here, and voted ïes on a bill before I realized what I was voting on. The bill really didn 't get much discussion at all. In faet, I think the sponsor of the legislation - you correct me if I am Wrong, Senakor Severns, because it was your bill - I believe the sponsor addressed the issue, probably explained it properly, but there was no discussion and really, the bill just flew out of here. This is a very controversial piece of legislationy and later on during the day, Senator Berman got up and asked that his vote be changed, or not necessarily be changed, but had he been aware of what the issue was, he would have voted negatively also, as I did. So I just feel that we ought to reconsider the vote by which this particular bàll passed. This bill is a compulsory school attendance legislation Which takes the mandatory age of aktendance from sixteen to eighteen. Now I don't know if it's proper for ne to tell you why I think that's wrong, but I voted for it. I made a bad vote; I should have voted No. I would -- have told the people back home I'd vote No. don't believe that this is the riqht direckion in which we ought to head. I think we are golng to be babysitting for these kids between' the ages of sixteen to eighteen. If they donlt want ko seay in school let's get them out so Ehat the kids who want an education ean stay in there and -- and gek one. So anyway, I would persist in this mokion, and ask for favorable favorable consideration, Mr. 280 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22e 1989 Presidenk, and thank you for gettins to this order of business.
Al1 right. The Chair will just -- tWo observations by the Chair. One, *he Motions in Writing at the top of the pape refer to resolutions. And frankly, the resolutions are not subject to any deadline. The Chair of Executive indicates there will be a committee meeting, so the Chair is prepared to not go to that order. Particularly at 8:15 in the eveninq. And Senatbr Watson's motion -- that bill has been declared passed with thirty affirmative votes. will take thirty affirmative votes to undo that passage. Discussion on the Motion ko Reeonsider? Senator Severns.
Thank you, Mr. President and Members of the Senate. 1111 limit my remarks to the motion itself, and not to the merits of the bill, except to say, Senakor Watson, that while apparently you were in that phone b00th: you missed the debate. There was debate on the Floor; tbere was debate in the committee. Senator Kustra asked me some specific questions which I responded to: and I think the fact that this bill was heard in committee, the fact that this bill was debated on the Ploor of the Senate last week and passed with with the vote, that Senator Watson should use the same practice that any other Member of this Senate uses, and that's stand up if he wishes to say that he inadvertenkly pressed the wrong button. I think for us to reconsider this measure simply because khe Member did not like the outcome of the vote is setting a bad precedenk in our Chamber. For matters of principle, I urge the Senake to let the record stand as it is, with this bill having the votes to pass out of the Senate, and I would urqe a No voke on thls motion.
Further discussion on the Motion to Reconsider? Senator 28l STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Brookins.
Thank you, Mr. President. too, stand kn oppositkon to the motion. I spoke to the -- to the -- in debate on this particular bill. And it went back and forth for some time, and kherefore what the maker of the motion is sayin: is -- is incorrect. There was quite a bit of debate back and forth on this bill, and I stand in opposition of this motion.
All right. Any further discussion? Further discussion? Senator Watson may close.
Well, I -- I apologize, but I honestly don't think there was any debate, Mr. Presidentz and I have asked several people. And when I came out here from the phone b00th, there was a lot of confusion as to what this legislation did, and 1, Senator, if you talked -- you may have talked on a different bill, because there was one in regard ko DUIs and druqs and thingsy and driver's license I don't know - that Penny Severns sponsored. But I think, Penny Severns, you dre wrong on this I think that you Were the only one Who spoke, and I went over to that side of the aisle. I talked to several other members who -- who voted on this particular bill, and were not really sure what they voeed on. Obviously, Senator Berman didn't realize what he voked on, because he asked that the record show that he Would have voted otherwise. So, think, for Ehose of you that qet up and say khat this was debated properly -- really isn't khe fact. I think the motion should prevail. I have every right to do this, and I think that then we can dkseuss the kssues and the merits of the legislation at another time.
Al1 riqht. Senator Watson, having voted on the prevailing 282 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 side, has moved to reconsider the vote by which Senate Bill 4-4-9 was declared passed. Those in favor of the Motion to Reconsider will vote Aye. Opposed Will vote Nay, and 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, the Ayes are 27, the Nays are 20r none votinq Present, and the motion fails. Ladies and Gentlemen, if I can direct your attention now to Supplemental Senate Calendar Number 1 -- I am sorry. Senator Jacobs, for what purpose do you seek recognition?
Qhank you, Mr. President: Ladies and Gentlemen. Not to belabor a point, but it was our understanding that we were to go through the Mokions to Discharge, and We weren't aware of a supplemental Senate Calendar. I make a motion that we Table Supplemental Calendar Number
Well, we had made an agreement that we would honor Motions to Discharge on Monday, the 22nd day of May, and I intend to do that. I will declare your moeion ou* of Order. And you keep it up# 1'11 declare you out of order. (laughter) No. Sit down, will you? We will be out of here in a half an hour if We get going here. Yes. Senator Jacobs. All right. Senator Jacobs.
Thank you, Mr. President. I'd like to make a motion that supplemental Senate Calendar number 1, Motions in Writingp be approved in its entirety. PRESIDENT ROCEJ That motion ls also out of order. On the Order of Motions in Writinq, Ehere is a motion filed With respect to Senate Bill l8. Read the mokion, Madam Secretary.
I nove to suspend all applicable rules, and to discharge the 283 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Senate Committee on Public Health, Welfare and Corrections from further consideration of Senate Bill l8, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Topinka.
Senator Topinka.
Yes: Mr. President and Ladies and Genelemen of the Senate. Pirst off: I do wish to apologize for this inconvenience, and it just occurred mainly because somewhere these motions were misplaced when Ehey ehought they were goin: to be filed and Were not. And if we can qo through these. Basically, Senate Bill 18 codifies the powers and duties of the Department of Mental Hea1th and Developmental Disabklitkes and asks them to develop a formula for the distribution of funds available to khe Department for community mental health services. This is something we have been promised by the Department of Mental Hea1th for three years now. They keep promising, they don't deliver, and I would ask that you help me to help remind them thak they made a promise.
All right. Senakor Topinka has moved to discharge the Commiteee of Public Hea1th from further consideration of Senate Bill l8. Is there any discussion? Senator Smith.
Thank you, Mr. President. I'd like to ask ehe sponsor a question, if I may.
The sponsor indicates she Will yield. Senator Smith. SENATOR SMITH ) Is it true tbat the bkll, in its current form , will reward mostly the well-do-well counties and -- such as Dupage, by five Rillion dollars? 284 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislatkve Day May 22, 1989
Senator Topinka.
I don't think it rewards anyone. It just more equitably distrkbutes what is a very inequitable Way of distributing funds, the majoriky of which now go to institutions, and not necessarily to community mental health, which best knows Where those funds belong to help people directly.
Senator Smith.
Thank you. Senator Topinka, we have several bills in the House that address this same thing: and we'll have an opportunity to hear them in our meeting -- in our Session, and you will be in attendance. Do we have to have what you are taking here now?
think thak's a rhetorical question. Further discussion? Senator Schuneman.
Thank you, Mr. President, Members of the Senate. I didn't realize this bill was out khere, but I Want to rise in support of this Discharge Motion. I thought the problem was confined in northwestern Illinois, where Wedve had an ongoin: problem With the fact that the Department of Mental Health and Developmental Disabilities seems to have no rational way of distributinq money to community mental health institutions. For those of my colleagues from the quad-cities, from Pekin, from Peoria and other areas in that section, I think we need to get on this motion: and at least puE the bill out, so we can consider whak should be done with khese monies in the future.
Further discussion? Senator Fawell. 285 STATE OP ILLINOIS 86th GENERAL ASSEMDLV REGULAR SESSION SENATE TRANSCRIPT 33:d Legislative Day May 22, 1989 SENATOR FAWELL) Thank you very much. This ls something khat we have been tryin: to do in the Commission of Mental Health and Developmental Dtsabilities for a long time. We have been trying to get the monîes into the communities where obviously they will do the most good , and the people can be taken care of better, by far, than the present system. Right now, kwo-thirds of Ehe Mental Hea1th monies go to the knstktutions, and yet most of the people have to be taken care of tn the communities. It just seems this is a good blll; I think we should get ik on the Ploor, and let's get on with the business.
Further discusskon? Senator D'Krco.
Thank youe Mr. President. The fact is thak this wil1 tncreaoe the funding for Dupage County by 5 to 6.5 million dollars. Thatls the boetom line. If you want to change the allocation formula, thak's what this does. It robs Peter to pay Paul. This is not a good idea. DMH is againsk it, and we should oppose it.
Further discussion? Senator Macdonald.
Thank you, Mr. President. I only rise in strong suppore of this Discharge Mokion like the others that have spoken behind -- before me, with the exception of Senator D dArco. Our whole corridor of Illinois is having the same problems, and I -- khis bill, I think, is very; very important to pass this Session.
Purther discussion? Senator Topinka, you wish to close?
I do, and I wish just to make one other comment. No one can say what this will give to any county any place, because no 286 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 formula has been developed. What we are asking for in the bill is for the Department of Mental Health to develop a formula, and I would ask for your favorable roll call. PRESIDENT ROCXI Al1 right. Senator Topinka has moved to discharge the Committee on Public Health from further consideration of Senate Bill l8. Those in favor of the motion will vote Aye. Opposed will vote Nayp and the votin: is open. Have al1 voted Who wish? Have all voted who Wish? Have a11 voted Who Wish? Take the record. On that queskion, there are 29 Ayes, 13 Nays and l votlng Present, and the notion fails. 223. Senator DeAngelis. Read the motion, Madam Secretary.
Senate Bill 223. I move to suspend Senate Rule 5c, and that the Commiktee on Executive be discharged from fureher eonsideration of Senate Bill 223, and that it be placed on the Senate Calendar on the Order of 2nd Reading. Filed by Senator DeAngelis.
Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 223 deletes some record keeping functions from *he Secretary of State's Office. I would be remiss, in a11 candor, if I did not indicate that...
.. . That this is a sixteen-wheeler. SENATOR DeANGSLIS: ... that in the future, if there is some need for this very important aqency of the State of Illknois to have some recodification or okher legislation, this bill mighE perhaps be used for that purpose.
287 STATE 0P ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Discussion? Senator LecboWicz.
Mr. President, I just received my fortune cookie from Senator Schaffer: and it says, ''Now is the time to try something neW.## That's exactly Nhat says, Aldo. But ny question to you is, how new -- how new is this vehicle qoing to be?
Senator DeAngelis. SENATOR DeANGELIS: Senator Lechowicz, in all honesty, there are no plans at all. This is one aqency that does not have a vehicle out there. And -- and 1111 try to do a responsible job if and when the time comes that I 9et called upon to introduced legislation on their behalf.
Senator Lechowicz.
As a matter -- Thank you, Mr. President. As a matter of courtesy, would you show the émendment -- proposed amendment to the Chairman of Executive at the appropriate time? Then I have no objection to the vehicle.
All right. Senator DeAnqelis has moved to discharge the Executive Commlttee from further consideration of Senate Bill 223. Those in favor of that notion will vote Aye. Those opposed will voee Nay, and the voting 's open. Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Take *he record. On that question, there are 45 Ayesw l Nay, none voting Presenty and the motion carrtes. 236. Senator Topinka. Madam Secretary, read the notion, please.
I move to suspend al1 applicable rulesz and to discharge the Senate Committee on Publtc Health, Welfare and Corrections from 288 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGDLAR SESSION SENATE TRANSCRIPT 33rd Legkslatkve Day May 22p 1989 further consideration of Senate Bill 236, and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Topinka.
Senator Topinka.
Yes, Mr. President, Ladies and Gentlemen of khe Senate. This requires the Department of Mental Eealth to take care of dksabled persons admitted to a facillty, both aacording to their chronological age as well as their developmentally disabled age. It comes from khe problem of a thirty-tœo-year-old Woman at the Howe Medical InstikuEion whose doll was taken away from her, causing her to completely dysfunckion: but they proceeded to feel that because she was old enough to be normal at that age and not have dolls, therefore, we would have to deal just vith chronoloqical age. This asks for just some consideration for those that can't keep up with what is considered normal. And I Would ask for your favorable roll call.
Senator Topinka has moved to discharge the Committee on Public Health from further consideration of Senate Bill 236. Discussion? Senator Smith.
Mr. President, I am I am against the passage of getting this out of committee. Did you not know that this bill violates *he Federal Law and certification requirements as it is, and we are talking about saving money, and hoW much money, every time that we bring up a bill. This is an awful lot of money. The State would lose one hundred million dollars under this bill: Senake Bill 236, and there are numerous groups thak Would desire to testify on this bill. I kholeheartedly ask that you not vote for thks passage. 289 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislaeive Day May 22, 1989
Further discussion? Senator Leehowicz.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. The lady is absolutely correct. Unfortunately, this bill should really remain on the Secretary's Desk. Wedre talking about the possibility of of violatinq federal requirements, and also the skrong possibilkty of the State losin: a hundred million dollars in federal funds. If anythinq needs further examination, it is this bill. A resounding No should be placed on this bill for Motion to Discharge the committee, am sorry to say, but unforkunately, that is the case as I read the analysts of Senate Bill 236.
Further discussion? Senator Topinka, you wish to close?
Yes, I do. We realize that it needs an amendment. Had We been in committee during the discussion of this bill, that amendment would have been put on. And all it says -- it does not violate federal 1aw with the amendment. It just says give some consideration to this, it does not mandate it.
Senakor Topinka has moved to discharge the Committee on Public Eealth from further consideration of Senate Bill 236. Those in favor of that motion will vote Aye. Opposed Will vote Nay. The voEing is open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. 0n that question, there are 27 Ayes, 18 Nays, and 3 voting Present. The motion fails. 396. Senator Topinka. Read the motiony Madam Secretary, please.
I move ko discharge the Committee on Transportation from 290 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 further consideration of Senate Bill 396, and that it be advanced to 2nd Reading. Filed by Senator Topinka.
Senator Topinka.
Mr. President, Ladies and Gentlemen of the Senate, this bill was asked for by the Anti-cruelty Society of Chicago, and it needed an amendment. We...it was not drafted correctly in the beginninq, and in...if we had been in committee, it would have been done there, which would have eliminated farm animals from the consideration of this bill. This would prohibit drivers of pickup trucks from carrying an unrestrained animal in the cargo bed of the truck. is not only a humane makter, it is a safety matter.
Senator Topinka has moved to discharge the Committee on Transportakion from furkher consideration of Senate Bill 396. Discussion? Senator Brookins.
Thank you, Mr. President. Mr. President, this bill should remain in committee. It should not be put on the Floor. It is flawed. There's a...a couple other reasons. It don't take into other animals, large pets, and What have you. So kherefore, it should stay in committee and let us work on it.
Purther dkscussion? Senator Rkgney.
Well, Mr. President, this is a rather interesting billr at least if my staff analysis is correct. I might start preface my remarks to Senator Topinka, to say that last Saturday I hauled a bull from Platteville, Wisconsin, home. And if I'm reading the fine print heree among other things, it says the animal must be cross-tethered. Is that correct? 29l STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Leglslative Day May 22, 1989
Senakor Topinka.
I really don't knok khat to say to you on that one, Senator Rigney.
That's good. Senator Rigney.
Welle I thought I'd make the offer ko you - Ehe next time I haul one, you can put the ropes on hia. Frankly, I'd... I realizer Senator Topinka, that you have a lot of interests around here, but I just kind of wish you'd leave the bull shipping ko those of us that are in the profession. (laughter)
Further discussion? Senator Dunn.
Thank you: Mr. President. I've been quiet all day. This is probably the worst bill I ever sak. It doesn't do anything for people. We ride -- in southern Illinois, people ride in the backs of pickup trucksz untethered and unrestrained. Senator Topinka, Would you grandfather in all the dogs that are ridinq in -- in pickup krucks now? If -- you might grandfather them in and say that future puppies can't be hauled unrestrained. Would that be all riqht?
Further discussàon? Further diseussion? Senator Topinkae you wish to close?
think I've done my part for the Anti-cruelty Society.
All right. Senator Topinka has moved to discharge the Committee on Transportation from further consideration of Senate 292 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22e 1989 Bill 396. Those in favor of that motion will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l voted who Wish? Have all voted who wish? Have al1 voted Who Wish? Take the record. On that question, the Ayes are too many, the Nays are 43. Senator Topinka, you won the prize. The motion fails. 466. Senator Topinka. Read the motion, Madam Secretary. Senate Bill 4-6-6. We're halfway through the supplemental, Ladies and Gentlemen. It'l1 be over shortly.
I move to discharge the Committee on Transportation from further consideration of Senate Bill 4-6-6, and that it be advanced to 2nd Reading. Filed by Senator Topinka. PRESIDENT ROCK) Senator Topinka.
Yes, Mr. President and Ladies and Gentlemen of the Senate. This amends the RTA and MTA Act, and provides Whistle-blower protection for the RTA, CTA: PAC and Met Tram Employees. And it also adds the Office of Inspeetor General to the RTA. This came out of -- basically last year a11 the stories ln terms of people who are who are being set upon because they had made sugqestions about improprieties over at the RTA. The RTA is now neutral. This is very similar to what Mayor Daley has nok instituted, you know, in >- in Chicaqo: in terms of the City Council, and I would ask your favorable consideration. PRESIDENT ROCKZ A11 right. Senator Topinka has moved to discharqe the Committee on Transportation from further consideration of Senate Bill 466. Discussion? Senator Brookins.
Thank youy Mr. President. Here we are with a very substantive bill that, had it been in comnittee, would have had the 293 STATE OF ILLINOIS 86th GENERAL ASSEMNLV REGULAR SESSION SENATE TRANSCRIPT 33rd Legtslative Day May 22, 1989 opportunity to give khe public a chance ko hear and talk concerning it. knoW that's where the t%o bills lost last time before. So let's keep it in Committeez and wedll work on it for you, Topinka. PRESIDENT ROCK: Further discussion? Senator Lechowicz. SENATOR LECHOWICZ: I -- thank you, Mr. President. totally agree with khe previous speaker, but it does more than that, because when we created the RTA Act, at the request of the Republican Members, both in the Senate and the House, we created a special financing arrangement for them for control. I didn't care for that, but we supported it and voted for it. And noW we are creating an Inspector General. Now: a1l I know is that the RTA Chairman is appointed and confirmed by the Senate: and he is a Republican. Okay? Metra-same khing. CQA - that's a negotiable item, riqht now I donlt know who ls going to be the Chairman. But in all realiky khe financing and the proposal: as it presently exists, comes from this Body, and for that reason I don't think *e need an Inspector General to oversee that organization: when we do it on the appropriation process and we do it through the process of ' confirming -- when we advise and consent on khe Governor's recommendations to serve on those respective bodies, and I would strongly recommend a No vote on Senate Bi11 466. PRESIDENT ROCK: Al1 ràght. Senator Topinka has noved ko diseharge the Committee on Transportation from further consideration of Senake Bill 466. Qhose in favor of that motion, will vote Aye. Opposed will vote Nay, and the voting is open. Have al1 voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that questlon, there are 26 Ayes, 15 Nays, none voting Present: and the motkon fakls. 543. Read the motion: Kaiam 294 STATE OF ILLINOIS 86th CENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 Secretary.
I move khat the Commitkee on Exeeutive be discharged from further consideration of Senate Bill 543, and that the bill be placed on the Order of 2nd Reading. Piled by Senator Brookins.
Senator Brookins.
'hank you, Mr. President. Senate Bill 543 was sent to the Wron: committee. Should have went to Judicial, I believe. But it Will divide Cook County Judicial Circuit into fifteen -- Judicial Districts, each representinq twelve judges. Curtently ninety-four circuit judqes are eleeted at large in Cook Counky Judicial Circuit. Under Senate Bill 543: by it requiring kwelve circuit judges to be elected in each subdistrictw might give electors a better shot at knowing what judqes they are electing. I urqe for a Aye vote.
All right, Senator Brooklns has noved to discharge the Commkttee on Executlve from furtber consideration of Senate Bill 543. Discussion? Senator Keats.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise in strong support of Senator Brookins' motion. This bill -- putting it on the floor at lease gives the cikizens of Cook County the chance to look at the fundamental fairness of our Judiciary: and I think it is in the best interese of all cîtizens of Cook County to at least open the process up. PRESIDENT ROCK; eurther discussion? 6enaeor Geo-xaris.
Briefly, Mr. President and Ladies and Gentlemen of the Senate. 29S STATE OF ILLINOIS 86th GENENAT.ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 That's the same bill that I had, and it was a good bill. It didn't :et out of committee. I think it's fair, it's far -- it's a far better answer than the so-called merit selection qarbagez which is not true. And this is a good bill. I support it.
Furtber dkscusskon? Senator Dunn.
Thank you, Mr. President. Question of the sponsor.
Sponsor indicates he will yield, Senator Dunn.
What ks the -- Chicago Bar Association posktion on this, Senator Brookins?
Senator Brookins. SENATOR BROOKINS) have no idea at thls present time, senator Dunn.
Eurther discussion? Genatoz Lechowicz.
Thank you, Mr. President. Unfortunately, Ilm going to have to stand in opposition to this. We sat in the Executive Committee and we discussed many of the proposals Ehat wedve been lookin: ae today and prior to today. This Was one of them. And the gentleman was in the committee and was asked: did he want to have his bill called, and he really realized he didn'k have the votes, so I guess he's makin: this Motion to Discharge. The difficulty wikh this is, if you're creaking fifteen Judicial districts, each represented by twelve judges, the kncumbency, as far as the existinq judges in the county, Would make it very difficult to comply with this legislatàon. And if youdre going to require people ko reside in a certain district, and ery to seek the 296 STATE QF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 necessary qualifications to fill the office, it's going to be very dkffkcult to comply. think you're doing a disservice ko khe people who are presently sitting on the beneh. And youfre doing a disservice of people who are contemplatlng running, and seeking that honorable office. This is a wrong way to qo, and unfortunaeely, I'm going to have to oppose it, for those reasons. I have absolutely nothing against the sponsor, and his thouqhts on the subject, but I thought thae if you really want to discuss this àn total, have the input from the Cook County Judiciary, the opportunity existed in committee, and it wasn't taken. And for that reason, I'm going to be opposing Senate Bill 543.
Senator Brookins has moved to discharge ehe Committee on Executive from further consideration of Senate Bill 542. Those in favor of that motion wi1l vote Aye, opposed will vote Nay, and the voting is open. Have all voked who wish? Have all voked who wish? Have a1l voted who wksh? Take the record . On that question, there are 36 Ayes, 13 Nays, none voting Presenk. And the motion carries. 689. Senator Topinka. Read the motion.
I move ko suspend all applicable rules, and to discharge the Senate Committee on Public Eea1th, Welfare and Correttions from further consideration of Senate Bill 689, and that the foregoing bill be placed on the Calendar on khe Order of 2nd Reading. Filed by Senator Topinka.
Senator Topinka.
Mr. President, if I may, would like to hold this bill, and not call it.
How about 7847 7-8-4. Read the motion, Madam Secretary. 297 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Leqislattve Day May 22# 1989
I move ko suspend a1l applicable rules, and to discharge ehe Senate Committee on Public Health, Welfare and Corrections from further consideration of Senate Bill 784, and that the foreqoing bill be placed on tbe Calendar on the Order of 2nd Reading. Filed by Senator Topinka.
Senator Topinka. SENATOR TOPINKAI Yes, Mr. President, Ladies and Gentlemen of the Senate. This amends the the Senior -- the Illinois Act on Aging and it defines multipurpose Senior Centers: and it authorizes the Department on Aging to establish and fund multipurpose Senior Centers. Obviously, funding depends upon money -- monies that are available. There is no funding propozal that accompanies this. This merely ascertains the fact thae the Department on Aging would indeed be able to Go thks, as was orkginally intended througb federal legislation.
All rivht. Senator Topinka has moved to discharge the Commkttee on Public Hea1th from further consideration of Senate Bill 7-8-4. Dàscussion? Senator Welch.
Thank youy Mr. President. I juse Wanked to point out that the Department on Aging apparently is in opposition to this bill. They filed a fiscal noke showing the cos: 4.4 million dollars to carry out the intent of this bill. And apparently thé groups that were in favor of doing something have endorsed Senate Bill 699 and Senate Bill 1185, of which Senator Topinka is a co-sponsor. so am not sure that we need a separate bill such as this.
Further discussion? Purther discussion? Senator Topinka has 298 SQATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22# 1989 moved to discharge the Committee on Public Health from further consideration of Senate Blll 7-8-4. Those in favor of that motion wi1l vote Aye. Opposed, vote Nay. And the voting is open. Have a11 voted who Wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 33 Ayes, Nays, 2 voting Present. And the mokion carries. 1124. Senator Topinka. Read the motiony Madam Seeretary.
move ko suspend a1l applicable rules, and to discharge the Senate Committee on Publie Health, Welfare and Corrections from further consideration of Senate Bi1l 1124: and that the foregoing bill be placed on the Calendar on the Order of 2nd Reading. Filed by Senator Topinka.
1-1-2-4. Senator Topinka.
Mr. Presidenk, Ladies and Gentlemen of the Senate. This is an administration bill, and it amends the Water Well Pump Installation Contractors License Act, to define monitoring well and excludes then from coverage under the Act. It changes the definition of construction, defines closed loop Well and monitoring well. It does a lot of what Senator Joyce's bill did the other day. It qoes beyond that. It is the -- the effective date would be January 1st, 1990. This, I quessy began out of a problem that Senator Philip had in his district, and it went on with the Senate Energy and Environmental Department supportkng it . So I would ask for your favorable response.
All right. Senator Topinka has moved to discharge the Committee on Public Health from further consideration of Senate Bill 1124. Discussion? Senator Smith.
299 STATE OP ILLINOIS 86th GENERAL ASSEMBLI REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Thank you, Mr. Presàdent. To the sponsor of the bill, as you stated, last week we had Senator Joyce -- Jerome Joyce had Senate Bill 250, which we have under consideration, and could not your leqislation be amended to that? Because after all, there are a lot of House bills ehat are qoing to be coming before our commiekee that's doing the same thing. I wanted to ask you that.
Senator eopinka.
This bill is cleaned up, ready to :o. It needs no amendments, it covers the whole issue. It's supported by the Department, and it does everything it is supposed to do in terms of these wells.
All right. Senator Toplnka has moved to discharge the Committee on Public Health from further consideration of Senate Bill 1124. 'hose in favor of that motion will vote Aye. Opposed Wîll vote Nay. And The votinq às open. Have all voted Who Wksh? Have a1l voted who Wish? Have al1 voted Who Wish? Take the record. On that question, there are 24 Ayes, 17 Naysz l voting Present. Knd the motkon fakls. 1329. Senator Toplnka. On the Order of Mokions in Writing, boetom of Supplemental Calendar, Senake Bill 1329, Madam Secretary. Read the motion, please.
I nove to suspend Senate Rule 5c, and that Senate Committee on Judiciary be discharqed from further consideration of Senate Bill 1329: that it be placed on the Senabe Calendar on the Order of 2nd Readinq. Filed by Senator Topinka.
Senator Topinka.
Yese Mr. President and Ladtes and Gentlemen of tbe Senate. This bill basically picks up from a bill that I guess died in 300 STATE QF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Rules Committee or was tied up somehow ïast year from Senator Marovitz and Senator Degnan. And what it would do -- it amends the Controlled Subutances Act to put propyhexedrine into the Schedule V. It is apparently some kind of a nasal inqeskionw and it belongs in this capacity. And so I would ask for your favorable roll call.
All right. Senator Topinka has moved to discharge the Commiktee on Judiciary from further consideration of Senate Bill 1329. Discussion? If not, those in favor of the motion Will vote Aye. Opposed œill vote Nay. And the voting is open. Eave all voted who wish? All voked who wish? Have a11 voted vho wish? Take the record. On that question, there are 33 Ayes, 3 Nays, none votin: Present, and the moeion carries. ...tmachine cutoffl... Ladies and Gentlemen, we have a request from a couple of Members to -- given their personal circumstance, to go back to bills that were passed over. That will be the last order of business khis evening, and we will commence at nine o'clock tomorrow mornlnq, and start, I hopew again, to accommodate Ehe Members and the clerical help to do recalls. 5o I would ask anybody that's got an amendment for a 2nd Reading bill - or 3rd Readinq bill, I mean - let's get it in so we ean get it cleaned up, and then we Will do recalls and then 2nd Reading. ...tmachine cutoffl... Senator Jones, on Senate Bill 67. For the hundred and third time. Madam Secretary, with leave of the Body, now celre back on Paqe 59 on the calendar. 59, Ladies and Gentlemen. 5-9. Right smack in the middle of this hundred-page entry. Motion in Writing with respect to Senate Bill 67, Madam iecretary.
I move that the Committee on Revenue be discharged from further consideration of Senate Bill 67, and that the bill be placed on the Order of 2nd Reading. Filed by Senator Jones. 30l STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989
Genator Jones. SENATOR JONES) Thank you, Mr. President and Members of the Senate. Senate Bill 67 is the income tax increase bill, and I make this motion to get the bill on 2nd Readinq, so that it can be amended to give us a permanent State Income Tax, but I don lt want to have the same vote that Senator Philip had. I'd like to get this bill out on 2nd Reading so that this Body will have an opportunîty to put tts tax measure before the people of the State of Illinois, and I ask for a favorable vote.
Any discussion? Is there any discussion? Senator Philip.
Thank youy Mr. Presidenk, Ladies and Gentlemen of the Senate. Would Senator Jones yield for a question?
He indicates he will yieldz Senaeor Philip.
Wonderful. Just out of curiosity, Senator, how did you vote on my cigarette tax increase?
Senator Jones.
Which one?
Senator Philip.
Listene neighbory I only had one.
Senator Jones.
302 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Well, I have a problem. I have a conflict of interest. See, I smoke, and -- but -- but in al1 due conscience, as indicated to you, this bill Will solve many, many problems, and if you place this bill on 2nd Reading, there may not be any need for a cigarette tax increase.
All right. Senator Philip.
Thank you, Mr. Presidenk. I got a conflict of interest, too. I pay taxes, and big taxes.
All right. Senator Jones has moved to discharge the Committee on Revenue from further consideration of Senate Bill 67# and asks that the bill be placed on khe Order of 2nd Reading. Those in favor of Ehat motion will voke Aye. Opposed: vote Nay. And the voting is open. Have al1 voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that questkon, there are 6 Ayes, 40 Nays, none votkng Present. Rnd the motion fails. On the same page, Ladies and Gentlemen, is Senate B1ll 159. Senator Kustra indicated he was late due to personal circumstance; we will a*tempt to accommodate him. Read the motion.
I move to suspend Senate Rule 5c# and that the Committee on Executive be discharged from further consideration of Senate Bill 159, and that it be placed on Ehe Senate Calendar on the Order of 2nd Reading. Piled by Senator Kustra.
Senator Kustra.
Thank you, Kr. Preskdent and Kembers of the Senate. Kr. President, before I address that bill, would just like to 303 STATE OF ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 comment on the day's proceedings. This is a body that has always been known for iks sm00th functioning, and the last few weeks have been a little bit nore difficult than we are used to around here. We had an agreement. This is the end of a long day. You have lived up to that agreement, I think, with flying colors under some very difficult circumstances. You and a1l those whodve presidedg I think: have gkven Members on thks side of the hisle the the accord that I think We -- we expected in the agreementg and I Would just like to commend you and al1 of your Members for what is a very lonq day. We appreciate the opportunity to do khat. Thank you. To the bill: it's the Clean Indoor Air Act. We don't need to debate it now. All I can tell you is that I do thinky given the high level of ineerest of the bills that we ought to have this bill out on 2nd and 3rd Reading for proper debaee. And I would ask for your favorable consideration. Thank you, Mr. President.
Is there any discussion? Any discussion? Senator Kustra has moved to discharge the Committee on Executive from further consideration of Senate Bill 159, and asks that the bill be placed on the order of 2nd Reading. Those in favor of that motion will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that questionz there are 26 Ayesg 2 Nays, 1 voting Present. And the motion fails. Resolutions, MadaM Secretary.
Senate Resolution 330 offered by Senakor Macdonald. Senate Resolution 33l offered by Senator Hawkinson. Senate Resolution 332 offered by Senator Smith, President Rock and all Members. They 're all congratulatory.
304 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 33rd Legislative Day May 22, 1989 Consent Calendar.
Senate Joint Resolution 66 offered by Senator Woodyard. It is also eongratulatory.
Consent calendar. Ladies and Gentlemen: if there is no further business to come befote the Senate, Senator Kelly will move that the Senake stand adjourned until Tuesday -- tonorrow norninq at the hour of nine o'clock. Now those of you that have bills on recall, or are interested in amendments nine o'clock tomorrow morning. We are qoàng to go a1l day. Senate stands adjourned until 9:00 a.m. END OF TAPE 305 REPURTZ TTELJAY STATE OF ILLINOI: PAGF 1 t3:5# 86TH GENERAL ASSEMBLY 03/:5/90 SENATE DAILY TRANSCRIPTIOR ûF DEùATE INDE: dAY 22, :969 Hö-0037 FiR3T READING HB-0062 FIRST REAaING H3-0274 FIRZT READING H:-u3O# FIRST READING Hb-03L& FIR3T ûEADING HB-n5#8 FIRST READING Hb-0592 FIRST READING H:-06#2 FIRST REAOING H:-OT7ô FIRGT READING H3-û813 FIRST Rf40l&G H8-:873 FIRST READING H8-0879 FIRST READING H3-1083 FIRGT READING HB-ItOT FIR;T READING HB-lt59 FIRST READING Hb-1L9& FIRST READING HB- t207 FIRST REAOtNG H:-1266 FIRST READING H:-1269 FIRST READING 88- :278 FIRST READING H:-1356 FIRST READING Hb-l#û1 FIRST READING HB-14l6 FIRST READING HB-1#29 FIRST READING H8-1553 FIRST REAOIRG H:-1569 FIRST READING Hö-1$77 FIR3T READING HB-t6t9 FfRST READING H8-1699 FIRST REAOING HB-17#5 FIRST READING H:-1783 FIRST READING HB-t778 FIRST READING HB-l89t FIRST READING 88-2032 FIRST READING Hb-2k0O FIRGT READING H3-2321 FIXST READING 88-2351 FIRST READING H8-2383 FIRST READING H8-2121 FIRST REZDING 88-242: FIRST READING 88-2436 FIRST READING H3-2528 FTRST kEADING H:-2629 FIRST READTNG HB-26#9 FIRST READTNG 3B-00l8 8OTIZN 5b-9929 j45TI0N SB-:û30 MOTIGN 5:-0087 MOTIGN 58-0:77 MOTIGN 3B-009t dOTION SB-0l39 MOTIDN S:-0l5# MOTION 50-0159 8ûTION SB-0t&l MOTESN SB-0k;3 XUTIûN Sa-f190 MGTTON SB-0t9: RDTIGN 58-0209 MOTIQN SB-02t0 MOTI:N SB-021t MDTIO#I 58-0223 MûTIQN Z8-0227 MOTION 5:-0235 NOTION 58-023# HOTIQN ! ( I RfPORT: TIFLDAY STAFE 0F ILLIQOIS PAGE 2, :3:5: 8&Ta GENERAL 3 N TEASSEHBLY , 53/:5/90 1 DAILYTRANSCZIPTION OFDE3ATE IIIDEX i MAY 22, 1989 ::-6235 RGTIOR PAGE 39 j 5:-:236 MOTIOR PAGF 288 l s8 s-0 - 238 MOTION u239 MUTION PAGE PAGE 40 42 Sb-D2#0 HâTIDN PAGE 45 58-Q253 MOTION PAGE :8 58-:258 NOTICR PAGE 51 SB-0285 8OTEON PAGE 53 SB-O269 MDTIDN PAGE 54 SB-Q2;3 MOTIGN PAGE 55 SB-O23T KOTIGN PAGE 55 SB-Oe9$ MOTION PAGE 56 ::-:312 MOTION PAGE 51 58-2318 MOT ION PAGE 61 S:-û3t8 0UT OF RECORD PAGE ôl SB-n3el MOTIGN PAGE lt 5:-Q323 HOTION PAGE 6% 58-0323 1UT GF RECORD PAGE 6* l 3: 58-032* :M0O uTIO GN : RECURD PAGE 6* ô: 58-û325 YOTION PAGE &# 5:-032T MUTION PAG: 61 58-û327 OUT OF REEURD PAGE 61 58-û377 MOTION PAGE 68 58-Q396 HOTIGN PAGE 290 53-Q397 MOTION PAGE 12 53-0396 MOTION PAGE 78 5:-0399 l1OTI0% PAGE 81 SB-0419 t/OTION PAGE 82 SB-0155 MOTION PAGE 83 SB-O#58 dOTIOt: PAGE 84 58-0166 MOTION PAGE 293 SB-Q:;# HGTISIj PAGE 85 GB-û475 MOTION PAGE 86 S3-0#7b MOTISN PAGE 87 S:-Q*83 IjOTION PAGE 90 5:-0488 ROTION PAGE 92 SB-0#9l HOTION PAGE 94 35-0*93 HOTION PAGE 95 ZB-O53t MOTION PAGE 96 58-0533 MOTIOQ PAGE t0l 5:-0536 dOTIUN PAGE 102 53-053'1 MOTION PAGE l03 58-Q5:3 MGTION PAGE 29h SB-Q54* MOTION PAGE 105 SB-G5i5 N:T1ON PAGE 107 :8-0546 MOTIUN PAGE 158 SB-û5#' AOTION PAGE 11t 3B-û5#8 MOTIöN PAGE tt3 5:-:549 MOTION PAGE 115 sB-Q55t MOTION PAGE ll7 s8-0552 MOTIJN PAGE 12t 58-û553 N0TI0N PAGE 124 s8-0557 MOTION PAGE l26 58-0559 MOTION PAGE 129 SB-Q58* MOTION PAGE t30 SB-Q579 MJTIGN PAGE t32 58-0583 XGTION PAGE t33 sB-Q58T MOTION PAGE t36 SB-059& MOTVON PAGE t38 58-0597 HSTIGN PAGE 1#0 - SB-QGOI AUTISN PAGE l#3 :8-0605 MOTION PAGE 1#* SB-9ô&l NOTION PAGE t#5 : 1 f . x . REPORTZ TIFLDAY STATE OF ILLIKOIS PAGE 3 13:5* B6TH GENERAL ASSEMBLY 03/15/90 SEKATE DAILV TRAN3ERIPTIOIk OF DE3ATE INOEX X#Y 22: t989 ! ' S3-06Y# MOTION PAGE 1#6 SB-uô;8 MOTIûN PAGE l#7 SB-Dé77 MUTION PAGE t&8 58-0678 MITIGN PAGE l50 SB-0678 GUT OF RECORD PAGE 151 5:-0683 MOTIUN PAGE l51 58-:695 MUTION PAGE 153 5:-0589 MûTION PAGE 297 S8-0é89 0UT UF RECORD PAGE 291 SB-069# MOTION PAGE t5# S3-0T20 MOTIEN PAGE 155 58-:755 MGTION PAGE l57 58-0757 HOTION PAGE l6# 58-0759 MOTION PAGE l65 53-0163 MOT10N PAGE t&8 SB-O771 MOTION PAGE l69 ' 58-0773 MDTIOl4 PAGE I71 58-0777 ROTICN PAGE tT2 58-0779 MOTION PAGE t73 SB-OT8# MQTIOR PAGE 29; 5:-0797 MâTION PAGE l7# 53-0813 MOTICN PAGE t76 53-0832 MOTION PJGE l82 5:-0858 MOTION PAGE 1:3 S;-086Z IIOTIûN PAGE t84 SB-087# M0TI0N . PAGE 185 58-0899 NOT15N . PAGE t89 58-0907 HOTION PAGE t90 58-09:9 MGTION PAGE t9t SB-O9l6 HGTION PAGE 193 :8-0918 MOTION PAGE t96 SB-093t MOTION PAGE l9; 58-0936 MO'rION PAGE t99 53-09*2 MOTIGN PAGE 20G 58-09#3 MOTIGN PAGE 201 SB-09#4 MOTION PAGE 202 SB-09#5 XOTION PAGE 208 SB-:966 MOTIIN PAGE 21t 58-0980 MOTfDN PAGE 212 53-0990 M:TIGN PAGE 2t4 :8-0991 HOTION PAGE e18 58-0997 MOTION PAGE 2l7 33-1006 MOTIDN PAGE 220 SB-IOOT MOTION PAGE 22t SB- t0û8 l40TIGN PAGE 223 S3- l009 MûT11t1 PAGE 224 S3-tO10 MOTIGN PAGE 227 S8- tott MOTICN PAGE 228 SB-1ûl2 MOTION . PAGf 229 53-1013 MOTION PAGE 230 GB-tO29 d0rI0N PAGE 23t 58-:03: MOTION PAGE 232 5:-1032 NOTIO)k PAGE 233 SB-1O37 MOTION PAGE 235 S3-1113 MDTION PAGE 236 S;-11t8 MOTIGN PAGE 238 S3-112# XOTIûN PAGE 299 SB-1125 MOTION PAGE 239 SB-1t39 MDTISN PAGE 2*O 58-:t58 MOTION PAGE 2#1 SB-1l59 XOTICN PAG: 2#3 SB-l153 KOTION PAGE 2## Sd-1t'< MOTtON PAGE 2*7 S8-1175 MOTIBN PAGE 2#8 1 REPORTI TIFLOAY STATE OF ILLINO'G PAGE 4 13:54 3JTH GENERAL ASSEMMLY û3/15/90 SENATE DAILY TRANSCRIPTION OF ZEBATE INDEX ; MAY 22, 19:9 sb- tt7; MGTIOlk PAGF 2#9 . S:-tl;3 MOTIbN PAGE 25t 1 I SB-1l79 dDTIDN PAGE 253 I SB- kk8û MQTION PAGE 25# l s SB a-t1 t8 az ëMo OTI lO oN f q PAGE 25 sb 5 S3-1l83 24QTION PAGE 258 SB-1l8# /1ûTI0N P;Gf 26 t SB-t2t6 MBTIDN PAGE 263 58-1218 0UT OF REEDRD PAGE 26# SB-125T l40TION PlGE 26# SB-t271 MOTION PAGE 265 58- 1273 M0TI0à PAGE 266 58-12T3 0UT GF PECOHD PAGE 24é 53- 1274 MQTIUN PAGE 266 S:- 1274 OUT JF REGORD PAGE 266 SB-t3t7 MoTfulq PAGE 261 58-1317 0UT OF RECURD PAGE 26; SB-13k@ MLTION PAGE 2ôT 38- 1326 dûTlû: PAGE 26e 56-1329 MOTION PAGE 3Q0 5b- 133: MQTIO/: PAGE 27O 38-1332 8QTI0N PAGE 2T2 SB- 1333 MOTION PAGE 21h 53- 1350 M0rt0N PAGE 275 SB-l3&8 X0TI0R PAGE 2R6 58-1368 GUT SF RECORD PAGE 2T6 58-1437 MQTIUN PAGE 216 58-1439 MOTION PAGE 279 SB-t#39 OUT GF RECORD PAGE 279 SB-l##5 MOTION PAGE 279 5:-0327 RESSLUTTON OFFERED ' PAGE 1 SR-0328 RESOLUTION OFFERED PAGE l 5R-0329 RESOLUTIOJ: OFFERE: PAGE 6 SR-033O RESOLUTIDN SFFFRED PZGE 3O# SR-0331 RESOLUTION OFFERED PAGE 30# SR-O332 &ESOEUTION UFFERLB PAG: 30# SJR-;O6# RESOLUTION DFFERED PAGE t :JR-0û65 RESOLUTION 0FFEK60 PAGE 2 GJR-0O86 R6GOLDTION LFFERED PAGE 305 SUôJECT hIAYTER ' SENATE TO OQDER - PRESIDENT RGCK PAGE t PRAYER - REVEREND MILTON BOST PAGE 1 JDURNALS - POSTPUNED PAGE t MESSAGEfS) FROM THE HOUSE PAGE 2 EENATDR DE<UZIU - PREGIDING O/FIEER PAGE 13 SENATOR D*ARCU - PRESIOING ûFFICER PAGE 41 SENATG: LUFT - PRESIDING PAGE 5: SENATO: DTARCO - PRESIDING OFFICER PAG6 85 SENATOR LECHDHJCZ - PRESIDING OFFIEER PAGE 9: SFNATOR COLLINS - PRZGIDING OFFICER PAGE 126 PRESIDENT ROCK - PRESIDtNG PAGE t64 S/NATOR DEMU2IO - PRESIDItkG OFFICER PAGE 1g7 PROSIDENT ROCK - PREZIDING PAGE 201 SENATOR LECHOHIC' - PRFSIDING OFFICJR PAGE 204 SENATOR ROCK - PRESIDING PAGE 2t# SENATOR JEMUZIO - PREZIOING OFFICER PAGE 219 PRESIDENT RDCK - PRESIDING PAGE 22# SENATOR L6CR0HIE2 - PRESJDING OFFICER PAGE 25t PAESIDERT ROCK - PRESIDING PAGE 258 SENATOR LECHOHICI - PRESIDING OFFICER PAGE 263 sB. 4#9 - MGTION TO RECONSIDER PAGE 279 ..1 ' 1 REPDRTZ TIFLDAY STATE UF ILLINOIS PAGE 5 13:5# 8&TH GENERAL ASGEMBLY û3/t5/9: SENATE DAfLY TRANGERIPTISN 0E DEBATE INDEX :AY 224 1969 SU3JEET MATTE; PRESIDEhkT ROCK PRESfOING PAGE 279 SENATDR JACOBS - NOTIOI: PAGE 283 ADJOURNMENT PAGE 305