The hour of ten having arrived, the Senate will please come to order. Wi11 the Members be at their desks, and will our guests in the gallery please rise. Our prayer this mornin: by the Reverend William Hanneford, Church on the County Line, Oakbrook: Illinois. Reverend.
(Prayer by the Reverend William Hanneford)
Thank you, Reverend. Reading of the Journal, Madam Secretary .
1 Senate Journal of Tuesday, June 16, 1992. I
Senator Hall. 1
Thank youz Mr. President and Ladies and Gentlemen of the Senate. Mr. President, I move that the Journal just read by the Secretary be approved: unless some Senator has additions or : eorrections to offer. PRESIDENT ROCK: I ; You've heard the motion as placed by Senator Hall. Is there any discussion? If not, al1 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The motion carries, and it is so ordered. Senator Hall. I SENATOR HALL: ! s.. tmachine cutoffl... President, I move that reading and approval of the Journals of Wednesdayz June 17th: Thursday, June 18th: Friday, June 19th: Monday, June 22nd) and Tuesdayz June ; 23rd, in the year 1992, be postponedr pending arrival of the q printed Journals.
You 've heard the motion as placed by Senator Hall . Any l STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 discussion? If not, al1 ln favor, indicate by saying Aye. A11 i I opposed. The Ayes have it. The motion carries, and it is so ordered. 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 concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 400, together with House Amendments 1 and 2. Passed the House, as amended, June 23rd, 1992. I have like Messages on Senate Bill 1555, With House Amendments l and 2) Senate Bill 1615, with House Amendments l and 2: Senate Bill 1667, w1th House Amendments 1 and 37 Senate Bill 2138, with House Amendment 17 Senate Bill 2139 with House Amendment 1: and Senate Bill 2176, With House Amendment 1.
Secretary's Desk, Concurrence. A11 right. Ladies and Gentlemeny the Recall List is being distributed. We will begin on the Order of House Bills 3rd Readlng and attempt to accommodate the Members who Wish to recall bills for purposes of amendment, and then we will go to 3rd Reading for final action. Senator Madigan, for what purpose do you arise, slr?
Thank you, Mr. President. If it would be in order, I would ask leave for immediate consideration of Senate Resolukion 1434. It's a congratulatory resolution for the Athens Christian Church: and they have a ceremony this weekend. So with leave of the Body, I Would ask for that.
A11 right. The Gentleman seeks leave of the Body to go to the Order of Resolutions for the purpose of the inunediate 2 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 consideration of Senate Resolution 1434, a congratulatory resolution. Is leave granted? Leave is granted. Senator Madiqan 1 now moves to suspend the rules for the immediate consideration and adoption of Senate Resolution 1434. Al1 in favor of the Motion to Suspend, indicate by saying Aye. A11 opposed. The Ayes have it. The rules are suspended. Senator Madigan now moves the adoption of Senate Resolution 1434. Discussion? If not, al1 in favor, indicate by saylng Aye. A1l opposed. The Ayes have it. The motion carries, and it is so ordered. Senator Marovitz, for what purpose do you arise, str? SENATOR MAROVITZ: Thank you very much, Mr. President. I filed a Motion to Reconsider the vote by which House Bill 2824 passed. Itfs my bill. It passed 57 to nothing. It's noncontroversial, and I'd like to move to reconsider the vote by which that passed. PRESIDENT ROCK: A11 right. If you turn to page 34 on the Calendar. Senator Marovitz: having voted on the prevailing sideg is moving to reconsider the vote by which House Bill 2824 passed, and asks that the bill be returned to the Calendar on the Order of 3rd Reading. A1l in favor of that motion, indieate by saying Aye. A1l opposed. The Ayes have it. The motion carries, and House Bill 2824, at the request of the sponsor, will be plaeed on the Order of House Bills 3rd Reading. Resolutions, Madam Secretary. SECRETARY HAWKER : Senate Resolution 1438 offered by Senator Toplnka. And Senate Resolution 1439 offered by Senator Ralph Dunn. They are both congratulatory. PRESIDENT ROCK: Consent Calendar. Ladies and Gentlemen, we will begin on the Recall List. If I can turn your attenticn to page 9 on the Calendar. Page 9 on the Calendar, on the Order of House Bills 3rd 3 k. ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legkslative Day June 24, 1992 1 Reading, is House Bill 1081. Senator Berman seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is gran*ed. On the Order of House Bills 2nd Reading is House Bill 1081, Madam Secretary.
Amendment No. l offered by Senator Berman.
Senator Berman.
Thank you. This amendment deals with the determination of residency for special ed students. It Was a bill that was introduced in the House, didn't move farward to here, but allows the State Superintendent to determine the -- district of residency regarding the placement of special ed children. Move the adoption of Amendment No. 1.
Senator Berman's moved the adoption of Amendment No . l to House Bill 1081. Diseussion? If not: all in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Are there further amendments?
No further amendments.
3rd Reading. Senator Cullertong on 3374. 3587. 0n the -- on page 15 on the Calendar, on the Order of House Bills 3rd Reading is House Bkll 3587. Senator Berman seeks leave of the -- Senator Cullerton seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes af an amendment. Is leave granted? Leave is granted. On the Order of Houde Bills 2nd Reading is ! House Bill 3587, Madam Secretary.
1 4 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 i Amendment No. 2 offered by Senator Cullerton. 1 PRESIDENT ROCK: Senator Cullerton. SENATOR CULLERTON: Yes. This amendment amends the Prompt Payment Act. Amendment No. l was adopted by Senator Davidson. This complements that, and what it does is to say that the Prompt Payment Act should be modified so that the interest rate that the State has to pay is reduced from two percent to one percent. It Would only apply on purchases over fifty dollars, but that the vendor does not have to apply for the interest. The interest indeed has to be paid over to the State. I would ask for a favorable vote. PRESIDENT ROCK: Senator Cullerton's moved the adoption of Amendment No . 2 to House Bill 3587. Discussion? If noty a11 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK: 3rd Reading. Senator Savickas on the Floor? 3610. Senator Luft. 3674. Page 16 on the Calendar, Ladies and Gentlemen. On the Order of House Bills 3rd Reading ls House Bill 3674. Senator Luft seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bllls 2nd Reading is House Bill 3674, Madam Secretary. SECRETARY HAWKER: Amendment No. l offered by Senator Luft. PRESIDENT ROCK: Senator Luft. SENATOR LUFT : I 5 .< STATE OF ILLINOIS 87th GENERAL ASSEMBLY FEGULAR SESSION SEXATE TRAN/CRIPT 124th Legislative Day June 24, 1992 Thank you, Mr. President. This amendment has been cleared by the Chairman of the Banking Committee or Financial Institutions and also the Minority Spokesman, Senator Keats, as Well as both banking groups within the State of Illinois. What the amendment does -- presently a banking or bank holding company can buy, under PIRREA, a failed or almost failed savlngs and loan, eonvert the savings and loan lnto a bank, and those facilities a1l become banks and are able to circumvent the home rule office. What this amendment does is simply allow the purchase of a healthy savings and loan and those same components comply.
Senator Luft has moved *he adoption of Amendment No. to House Bill 3674. Discussion? If not, all in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?
No further amendments.
3rd Reading. Senator DeAngelis, on 3692. Middle of page 16. Senator DeAngelis seeks leave of the Body to return 3692 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3692, Madam Secretary.
Amendment No. offered by Senators DeAngelis and Severns.
Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. You will find on your desk a rather extensive amendment, which is the DCCA amendment to this vehicle bill, 3692. has ln it about ten or twelve different Sections. The amendment is sponsored by Senator Severns and myself. I would 6 STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 I like to put the amendment on, and then We can debate the issue on 3rd Reading. PRESIDENT ROCK: E i Senator DeAngelis has moved the adoptlon of Amendment No. l to House Bill 3692. Discussion? If notr a11 in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?
No further amendments.
3rd Reading. 3857. Senator Marovitz. Page 17 on the Calendar. On the Order of House Bills 3rd Reading is House Bill ' 3857. Senator Marovitz seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3857, Madam Secretary.
Amendment No. 2 offered by Senator Marovitz.
Senator Marovitz.
Thank you very much, Mr. President. I Would move to table Amendment No. 1, which is -- which was adopted and Was flawed, and I Would move to table Amendment No. 1.
Senator Marovitz, having voted on the prevailing side, is moving to reconsider the vote by which Amendment No . 1 to House Bill 3857 was adopted. Al1 in favor of the Motion to Reconsiderz indicate by saying Aye. All opposed. The Ayes have it. The votels reconsidered. Senator Marovltz now moves to table Amendment No. 1 to House Bill 3857. All in favor of the Motion to Table, indicate by saying Aye. A11 opposed. The Ayes have it. . I 7 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Amendment No. 1 is tabled. Further amendments?
No further amendment -- pardon me. Amendment No. 2 offered by j Senator Marovitz i . I
Senator Marovitz.
i Thank you very much , Mr. President and Members of the Senate. i I would move to adopt Amendment No. 2 to House Bill 3857. It is the same amendment that we adopted - the -- the community service amendment - but it doesn 't strike anything after the enacting clause, whlch means that the hate crimes legislation will remain in the bill and the community service portion will be in addition to that. I would move the adoption of the amendment. PRESIDENT ROCK: ' 1 Senator Marovltz has moved the adoption of Amendment No. 2 to i : I House Bill 3857. Discussion? If not, a11 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendmentls adopted. Are there further amendments?
Na further amendments.
3rd Reading. 4025. Senator Welch. Senator Watson, for What purpose do you arise, sir?
Thank you, Mr. President. A point of personal privilege. PRESIDENT ROCK: : State your point, please. l SENATOR WATSON: I I I I know you dre al1 going to get tired of hearing about this, but we did have a softball game, and the -- of course, we were -- the Senate was victorious. And the Regional Commerce and Growth 8 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Association of St. Louis sponsored the game, and we have with us today -- Steve Hoven, who's their governmental lialson for the Regional Commerce and Growth Association out of St. Louis is with us. And he brought some pictures of everybody who was there for the picture after the game. So if you were there for the picture, we have one here for you, courtesy of the RCGA. We also have a trophy -- change in the trophy. Wefre going to put this plaque on which will say, ''The Pete Miller Annual House-senate Softball Game Traveling Trophy,'' in honor of our former Memberz Pete Miller. And then We have another addition to the trcphy which will say, ''On June 9th, 1992: Senate l3-House 11.'' So -- and he's also -- guy's bearing gifts. Each year now, the RCGA will be sponsoring this event, and they have brought a photographer from the from St. Louis here, and we have pictures, some action shots of some of the -- of the players and all. And the House gets one of these; we get one of these. Each year Wedll add to So it's a really nice addition to what I hope Will be a real annual event in which wedre very pleased to have Steve Hoven and the RCGA and others sponsor this for us. Thank you.
Senator Macdonald, for what purpose do you arise?
Thank you, Mr. President. While We're on the order of winners, I rise on an order of personal privilege. I have With me today a very special guest, Mr. Peter Fitzgerald, who is a candidate for the 27th District in the Senate. And I'd like to have -- have a11 of you welcome him here, please.
Mr. Fitzgerald, please stand and be recognized. Welcome. Senator Hudson, for what purpose do you arise?
Thank you, Mr. President. A purpose of an introduction, 9 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislatlve Day June 24# 1992 please.
State your point, please.
A1l right. In the gallery in back of me have my -- the pastor of my church at home, Pastor Bill Hanneford, and who gave the invocation this morning, and his wife, Sharon, and his daughter, Rachel, and his son, Paul, and my wifer Barbara Hudson, sitting right up here.
Will our guests please stand and be recognized. Welcome to Springfield. Al1 right. Ladies and Gentlemen, We Will begin on page 9 on the Calendar, recognizing the fact that it is Wednesday, June 24th. This Will be final action. We 're on the Order of House Bills 3rd Reading. 1081. Senator Berman Was on the Recall List. 1181. Senator Woodyard. Madam Secretary, read the bill, please.
House Bill 1181. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Woodyard.
Thank you, Mr. President and Members of the Senate. Senate Bi11 or excuse me, House Bill 1181 deals With the transportation, without notification, of a child out of State. The bill is actually the amendment that -- that We adopted yesterday. I'd be glad to run through the three provisions of the bill, but it is an agreement worked out between the Bar Association and the proponents of the bill.
10 1 STATE OF ILLINGIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 ! All right. The Gentleman has moved passage of House Bill 1181. Any discussion? If not, the question is# shall House Bill 1181 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have a11 voted who wlsh? Have a11 voted Who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 1181, having received the required constitutional majority, is declared passed. 1680. Senator Palner. Read the bill, Madam Secretary, please. SECRETARY HAWKER: House Bill 1680. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Palmer. SENATOR PALMER: Thank you, Mr. President and Members of the Senate. This bill had bipartisan support in the House. It is a bill that establishes the Minority and Female Franchise Investment Program within the Attorney General's Office, and empowers the Attorney General to, among other duties, make loans to qualifyin: businesses; increases fees provided for by the Franchise Disclosure Act of 1987; and provldes for the deposit of net increases ineo ehe Tllinois Franchise Trust Fund, which is created within the State Treasury. This is a bill that is very important in today 's times, because it allows economically disadvantaged persons who lack adequate capital and managerial training to begin and develop a franchise, under the rules and regulations of the franchise operators. There was a recent study conducted that showed that franchise businesses have a composite failure rate of far less than the failure rate for nonfranchise businesses. I would ask for support on this bill, and I'm Willing to answer any 11 ( STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION 1 I SENATE TRANSCRIPT . 124th Legislative Day June 24, 1992 questions. '
Al1 right. Senator Palmer is moving passage of House Bill I 1680. Discussion? Senator Davidson.
Mr. ! President and Members of the Senate, I think you al1 ought I to take a very close look at this bill. This allows the chief 1 legal officer for the State of Illinois to go into the loan ! business. My understanding, one of the duties of the Attorney General of the State of Illinois is to be after -- collect those people who are bad debtors or owe the State of Illinois, because i he 's the chief legal officer. How he can beeome a banker and assume that they have the expertise, without addinq onto his payro11, the ability to make small business loans, is kind of 1 ! beyond me. You may understand it; I don dt. We asked some questions in committee about this, didn't get a suitable answer as to how he could share this conflict. How can you be the chief collector for the State, at the same time you dre offering loan? The other thing you Want to look at - there's a fee increase for every franchise fee in the State. This is going to jeopardize some of the small businesses who are in the franchise -- or the franchisee to be able to operate. This is not a good idea. This time has not arrived. You can quote Maryland if you want, and that's what they quote, but Maryland and Illinols are two different cats. I urge al1 of you to vote No. HoW a chief legal officer could then become a loan officer, I don't think makes goad legislation.
Further discussion? Senator Butler.
Thank you, Mr. President. Ladies and Gentlemen, I agree with Senator Davidson. We oughk to take a good look at this. First of 12 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24: 1992 all, it is just one more fund we're creating. wonder if anybody has ever taken a census öf a11 the funds we have for special purposes. would seem to me, secondly, that the Attorney General has no business in this kind of a business. He is not a loan officer, in any Way, shape or form, for the State. Third, and this is a question for the sponsor -- will she yield, please? PRESIDENT ROCK: Sponsor indicates she w1ll yield, Senator Butler. SENATOR BUTLER: In what way is the State responsible for these loans if they default? Are we in any way, shape or form responslble? PRESIDENT ROCK: Senator Palmer. SENATOR PALMER : Senator, the initial loan is made by the Statew and a reasonable return on investment is required in seven years. It requires that the liability of the Attorney General and the State is limited to the loan amount, and it imposes a criminal penalty, a Class 2 felonyy with a three-year Statute of Limitations for knowingly making a false statement on any application or document. PRESIDENT ROCK: Senator Butler. SENATOR BUTLER: So in other words, we are responsible on any default. The State will, in effect, be a -- be left holding the bag, as understand it. I think this is a bad idea, and I would urge the Chamber to reject it. PRESIDENT ROCK: Further discussion? Senator Schuneman. SENATOR SCHUNEMAN: Thank you, Mr. President. Members of the Senate, please take a look at this bill. What the proponents are seeking to do is put 13 i K STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 the Attorney General in the loan business. Now there certainly should be plenty of Work for the Attorney General of this State to do in being the chief leqal officer of this State. We have other agencies of State Government, if this is really a good program and should be established - perhaps the Treasurer's Office or the Department of Commerce and Community Affairs - but certainly not the Attorney General. This bill should be rejected.
Further dlscussion? Eurther discussion? Senator Palmer, to close.
Thank youz Mr. President. I agree With those who've spoken before; you should take a close look at this program. It's one whose time has come. It should have been initiated a long time ago, and I congratulate the Attorney General for taking the initiative. I want to emphasize that this is a self-sustaining program. We are not asking for huge funds to earry this out. This is a program that provides an opportunity ln a period of time when we have an economic downturn, for those who should be able to get an opportunity to be self-employed to run small businesses. This is, I hope, a Yes vote. I ask for your support. Thank you.
Question is, shall House Bill 1680 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have a1l voted who wish? Have a1l voted who wish? Have all voted who wish? Have a1l voted who wish? Take khe record. On that question, there are 31 Ayes, 22 Nays: 3 voting Present. House Bill 1680, having received the required constitutional majority, is declared passed. 1852. Senator Geo-Karis. Read the bill, Madam Secretary, please.
House Bill 1852. 14 1 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, Amendment l replaces everything after the enacting clause and becomes the bill. It creates the Trench Safety Act. Provides that a unit of local government shall have the authority to inspect every trench of more than five feet in depth on construction sites wlthin its jurisdiction boundaries. If the local government determines that the trench is not protected according to OSHA standardse the loeal government shall notify the nearest OSHA area office and advise them of the alleged violation. Be effective immediately. This language is permissive, in that it merely gives local governments the power to inspect the trenches. The language does not affect home rule governments: and this is language that's been worked out between the contractors and labor. And I ask for a favorable vote. PRESIDENT ROCK: Discussion? Any discussion? Senator Hawkinson. SENATOR HAWKINSON: Thank you, Mr. President. A question of the sponsor. PRESIDENT ROCK: Indicates she will yield, Senator Hawkinson. SENATOR HAWKINSON: Senator, you indicated that this is permisslve authority only . Just to follow up on that for purposes of legislative intent, you intend, by this amendmenty to impose no duty upon any local unit of government to make these inspections and -- nor to impose any liability upon any unit of local government for failure to make these inspections. Is that correct? STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislattve Day June 24, 1992
Senator Geo-Karis.
Yes.
Purther discussion? Senator Jacobs.
Thank you: Mr. President, Ladies and Gentlemen of the Senate. I stand in strong support of this bille as currently amended. as Senator Hawkinson so aptly pointed out, really does not put a - - a tremendous amount of influence upon the municipalities. think as it stands, it's pretty -- pretty much watered-down. And I ask for your support.
Further discussion? Further discussion? Senator Geo-Karis, to close.
Mr. Presidentg Ladies and Gentlemen of the Senate, ask for a favorable vote. And as I saidg this amendment only speaks to the authority of the district to lnspect its own construction projects. And wedve had two people killed in my county, two people killed in Sangamon County, because of poor shoring in underground trenches, and I ask for a favorable vote. PRESIDENT ROCKJ Question is, shall House Bill 1852 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting 's open. All voted Who wish? Have a11 voted who wish? Have all voted Who Wish? A11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 30 Ayesw 25 Nays, l voting Present. House Bill 1852, having received the required constitutional majority, is declared passed. Senator Demuzio, for what purpose do you arise, sir? 16 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24y 1992
Well, let's see Who's al1 With us this morninq.
Gentleman has requested a verification. That request is in order. Will the Members please be in their seats? Senator Demuzio has requested a verification. Will the Members please be in their seats? Madam Secretary, please read the affirmative roll.
The following Members voted in the affirmative: Barkhausen, Butler, Collins, Davidson, DeAngelis, del Valle, Dudycz, Etheredge, Fawell, Friedland, Geo-Karis, Hawkinsony Holmberg, Hudson, Jacobs, Joyce, Karpiel, Kelly, Leverenz, Macdonald, Madigan, Mahar, Maitland, Marovitz, Philip, Raica, Rea, Schuneman, Topinka and Woodyard.
Senator Demuzio, do you question the presence of any Member?
Senator Maitland.
Senator Maitland's in the baek of the Chamber.
Senator Leverenz.
Senator Leverenz. Senator Leverenz on the Floor? Strike his name .
Senator Collins.
Senator Collins on the Floor? Senator Collins on the Floor? Strike her name.
. 1 ! STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 That's enough. PRESIDENT ROCK: i A11 right. The roll has been verified. There are 28 Ayes, 25 1 ! Nays, l voting Present . l I The Lady has requested that further I consideration be postponed. It is so ordered. 1890. Senator i ! Berman. Madam Secretary, read the bill, please. SECRETARY HAWKER: House Bill 1890. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: I Senator Berman. SENATOR BERMAN: Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 1890 is the initiative of the State Board of Education to try to reduce the time burdens of the current IGAP testing program throughout the State of Tllinois. The areas of 1 major concern after the bill came out of the House Was dealing with the special ed students, which would have been totally included in the bill as it passed the House. We have amended that so that each special ed student must be addressed as to their particular needs, and the appropriate testing Would be included in 1 their individualized education program . We 've also addressed the question of bilingual students, as to appropriate tests for them . 1111 be glad to respond to any questions, and solicit your Aye vote. PRESIDENT ROCK: Discussion? Is there any discussion? If not, the question ! is, shall House Bill 1890 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have a11 voted Who wish? Have al1 voted Who Wish? Take the record. On that question, there are 52 Ayes, l Nay, none I 18 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 voting Present. House Bill 1890. having received the required constitutional majorityz is declared passed. Top of page 10. Top of page l0. Senator Kelly, 1910. Senator Kelly. Senaeor Kelly. Senator Kelly.
Thank you, Mr. President. 1'd ask this bill be referred to committee, taken off the Calendar.
A1l right. Gentleman has moved to re-refer Senate Bill 1910 - - House Bill 1910 -- the Gentleman has moved that the House Bill 1910 be re-referred to the Committee on Finance. Is leave granted? Leave is granted. The motion carries. So ordered. Senator Berman, for what purpose do you arise, slr?
Thank you, Mr. Presldent. On a point of personal privilege.
State your point, please.
In the President's Gallery, we have the pleasure of the presence today of the Allied Ambassadors from the Cook and Dupage 4-H regional clubs. They are here With their sponsors, Barbara Dennis, Sandra Lignell and Ken Morgan. If they would stand and be recognized.
Will our guests please stand and be recognized. Welcome to Springfield. If I can have your attention. There's also been a request by WCIA to shoot some vldeotape. Wlthout objectlon, leave is granted. 1918. Senator Jacobs. 2016. Senator Jacobs. 2134. Senator Luft. 2433. Senator Berman. Read the billy Madam Secretary, please.
House Bill 2433. 19 k' STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: i Senator Berman. SENATOR BERMAN: Thank you, Mr. President. House Bill 2433, as amended, is the Legislative Reference Bureau fs 1992 Revisory Act. It's only about two feet thick. Be glad to respond to any questions, and solicit your Aye vote. PRESIDENT ROCK: Discussion? If not, the question is, shall House Bill 2433 pass. Those in favor will vote Aye. Opposed: vote Nay. And the voting's open. A11 voted who wish? Have all voted who Wish? Have all voted who Wish? A11 voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 2433, having received the required constitutional majority, is declared passed. 2334 Isicl. Senator Berman. Read the bill, Madam Secretary, please. SECRETARY HAWKER: House Bill 2434. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Berman. SENATOR BERMAN : Thank you, Mr. President. This is a shell bill, as amended. It's to be used for later revisions by the Legislative Reference Bureau. I think it'll be held in conference committee until the fall. I -- I solicit your Aye vote. PRESIDENT ROCK: Senator Berman has moved the passage of House Bill 2434. Discussion? If not, the question is, shall House Bill 2434 pass. 20 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Those in favor will vote Aye. Opposed, vote Nay. And the voting 's open. All voted who wish? Have all voted who Wish? Have all voted Who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 2434, having received the required constitutional majority, is declared passed. 2697. Senator Severns. Read the bill, please.
House Bill 2697. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Severns.
Thank you, Mr. President, Members of the Senate. This is the prompt payment bill, which provides for an automatic payment on late penalty fees. 1'11 be glad to answer any questions, and would be -- would appreciate a favorable vote.
Discussion? Is there any discussion? If not, the question is, shall House Bill 2697 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting 's open. Have al1 voted who wish? Have all voted who Wish? Have al1 voted who wish? Take the record. On that question, there are 55 Ayes, l Nayy none voting Present. House Bill 2697, having received the required constitutional majority, is declared passed. 2711. Senator Marovitz. Read the bill, Madam Secretary, please.
House Bill 2711. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Marovitz. 21 p l STATE OF ILLINOIS i 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 I SENATOR MAROVITZ: Thank you very much# Mr. President, Members of the Senate. House Bill 2711 is aimed at protecting children in abuse and neglect situations. There is already an -- hearsay exception in the Juvenile Court Act. This just adds the exact same exception to the Marriage and Dissolution Act where there is custody or visitation petitions, and the Juvenile Court Act Where there's a delinquency or guardianship determination to protect the child in abuse and neglect cases. And I would ask for the adoption. PRESIDENT ROCK: Discussion? Is there any discussion? If not, the question is, shall House Bill 2711 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. All voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 2711, having received the required constitutional majority, is declared passed. 2723. Senator Woodyard. Read the bill, Madam Secretary. SECRETARY HAWKER: House Bill 2723. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK : Senator Woodyard. SENATOR WOODYARD: Thank youe Mr. President and Members of the Senate. This is an amendment to the Illinois Nursing Act, and it allows the Department of Professional Regulation to issue a temporary permit for licensure. The bill attempts to address a problem that we have where an Illinois nurse may be out of the State for a period of time and then move back into the State and have to go through a full licensing process. And this would allow *he endorsement I 22 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 i process to license, temporarily, that nurse. ' PRESIDENT ROCK: Discussion? Any discussion? Senator Raica. SENATOR RAICA: l Just a question of the sponsor, Mr. President. I l PRESIDENT ROCK: I I S i ponsor indicates he will yield, Senator Raica. 1 i i Senator Woodyard, is this just going to -- is this RNs# LPNS, ! i both? l I PRESIDENT ROCK: ! 1 i Senator Woodyard. j I SENATOR RAICA : ! ! For the -- for the permit. I mean, w111 this allow an LPN - licensed practical nurse - and a reqistered nurse, or just -- or just the one, RNs? PRESIDENT ROCK: ' Senator Woodyard. SENATOR WOODYARD: Senator, I -- I guess I don't really know at this time. The I intent was for the RNs, but I don't really know from the analysis whether it applies to an LPN or not. PRESIDENT ROCK: Further discussion? If notz the question is# shall House Bill 2723 pass. Those in favor, vote Aye. Opposedy vote Nay. And the voting's open. Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 2723, I having received the required constitutional majority, is declared I l passed. Top of page 1l. 2755. Senator Demuzio. Read the bill, ! I please. ! ' : SECRETARY HAWKER: I 23 t- STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 House Bill 2755. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Demuzio.
Well, thank you, Mr. President and Ladies and Gentlemen of the Senate. This is a bill that pertains to cooperative educational programs, and it Would set out certain standards for public participation at these cooperative educational program board meetings. It would allow the president of the teachers' union to attend daytime meetings of the board without any loss of pay. And if the cooperatives would agree, obviously, to have their meetings in the evening time, it would be not necessary to have this bill, but apparently that has not been the case. And therefore, I Would ask for your support for 2755.
Gentleman has moved passage of House Bill 2755. Discussion? Senator Maitland.
Thank you very much, Mr. President and Members of the Senate. Just to say that this is an issue that ought to be at the bargaining table - has no business being passed by the General Assembly. This is an issue that clearly should be bargained and - - at the various locations, and I would -- Would seek opposition to the bill.
Further discussion? Any further discussion? Senator -- Senator Karpiel.
Yes. Thank you, Mr. President. 1, too, rise in opposition to House Bill 2755. Thls -- as everyone should know, this is an I 24 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 I unfunded mandate, and if a11 the cooperatives take advantage of -- and they -- they send these -- these people go, it can run up to like ninety thousand, a hundred thousand dollars. So as -- just so that you know that you -- if vote for this, youdre voting for another unfunded mandate on your school districts. I urge a No vote.
Further discussion? Further discussion? Senator Demuzio, to close.
Well, thank you, Mr. President. I obviously -- I rise in support of this measure. Let me suggest to you that the best Way for the public to be deterred from attending these meetings is for them to be in the daytime, because those individuals Who are interested can't be there during the daytime, unless they are compensated by the respective school boards that they are working for. If a11 of the boards would meet in the evening time, We would have no need for such legislation. And therefore, it seems to me, that if this is passed, this would, in fact, force a1l of the meetings to be held in the evening time when the public can participate. And therefore, I Would ask for your support.
Question is, shall House Bill 2755 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have al1 voted who wish? Have a1l voted who wish? Have a11 voted Who Wish? Have al1 voted Who Wish? Take the record. On that question, there are 35 Ayes, 23 Nays, none voting Present. House Bill 2755, having received the required constitutional majority, is declared passed. Senator Carroll, on 2758. Senator Di Turi, for what purpose do you arise?
Point of personal privilege, Mr. President. 25 . .. . . a g. . STATE OF ILLINOIS 87th GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 1
State your point, please.
Thank you, Mr. President and Members of the Senate. I Would like to introduce Courtney to you. Hi, hon. Okay. Courtney is a drug-free baby born of -- drug free. Her mom was on cocaine and alcohol and they live at the Hay Market House. I visited them for the last two weeks, and this is a very important issue. I brought them down here -- they came to visit us because I want you to know this is important. Here's a baby that's got a chance - a baby that has a chance to be -- no drugs in this little girl. See up here? See your Republicans and your Democrats? No drugs for Courtney. She's a drug-free baby, and her -- Patricia 's in the gallery . She was also on drug and aleohol abuse. She was living in a dumpster. You know where she's living now? She start -- she graduated high school through a diploma, and now she's working hard in Hay Market, helping people. So this is what it's a11 about. I know 1'11 have no sympathy here, beeause these kids are important. We wonlt eost the State money, because theyîre born drug free. I love these childreny and I hope you love them as much as I do.
Senator Collins, for what purpose do you arise?
To respond to that too, because for a long time around here. *he last three years, everybody was calllng me Miss Cocaine Baby in my district, and -- and this is a result of the legislation that we fought so hard to get money into, so that these girls can be -- you knowz early detection most certalnly will prevent an extraordinary cost that we were paying for these babkes after they Were born, in hospitals. So if you -- if you're opposed to social service programs, you ought to look at them, because we can save 26 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 the taxpayers money, because these are going to grow up to be 1 healthy kids. j I
2767 is on the Recall List, Ilm informed. 2798. Senator Macdonald. Bottom of page ll. 2916. Senator Cullerton. Top of page l2. Senator Severns. 2949. Senator Luft. 2950. Senator Schaffer. Read the bill, Madam Secretary. 2950. Top of page 12.
House Bill 2950. i (Secretary reads title of bill) 3rd Reading of the bill.
Senator Schaffer.
Mr. President and Members of the Senate, House Bill 2950 is the last of tbe bills that Were presented on behalf of primarily the large urban downstate counties involving tax sales. In fact, the provisions of 2949 - that bill that Senator Luft is having so much fun with - has -- have been amended into this bill, and the billz as amended, does several things. It clarifies that a private detective or agency may serve notices in compliance with the Revenue Act. That's ''mayn at the decision of the local sheriff. It amends the caunty to add special deputies which may also serve notices on these tax sales. And the reason we need these provisions, of course, is that no sheriff's department is staffed up to handle the tremendous volume they get in certain counties at tax sale time. We also have some languase in here - at the request of the State's Attorney's Office of Peoria County and it's supported by the Municipal League - that allows the tax collectors to include some of the municipal liens against some of these delinquent properties so that the Treasurer's Office may, in faet, collect those -- sundry liens, which in mosk cases are *oo 27 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 small to merit individual legal action. I don't think there's any : . I opposition, and I'd be happy to answer any questions. I
Discussion? Is there any discussion? Senatar Cullerton.
Yes. Could you please describe to me what Amendment No. 2 does, and who 's for it and who 's against it?
Senator Schaffer.
That amendment was tabled - taken out. PRESIDENT ROCK: I Further discussion? If not, the question is, shall House Bill 2950 pass. Those in favor, vote Aye. Opposed, vote Nay. And the voting's open. A1l voted who wish? Have a1l voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. House Bill 2950, having received the required constitutional majorityz is declared passed. 2954. Senator Cullerton. Read the bill: Madam Secretaryz please.
House Bi11 2954. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Cullerton. SENATOR CULLERTON: ' Thank you: Mr. President and Members of the Senate. This bill would require the Department of Revenue to collec: the Chicago and ! the Cook County use taxes on motor vehicles from automobile j dealers in Cook County and the Collar Counties. We passed, last year, a bill that required the Department to do this for Chicago. : 28 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 It's working very Well. The Cook County Board initiated a three-quarter-percent sales tax and use tax on these motor vehicles which begins September 1st. They do not have a Department of Revenue to collect this tax, so it's up ta the State to do it. The amendment does not grant any additional taxing authority to Chicago or Cook County. Merely provides that the Skate shall collect the tax. And the result will be for a -- an efficient and uniform administration of existing taxing authority. I'd also point out there's a two-percent fee which will be retained by the Department, which would be for administrative expenses, and we expect that to be a total of four hundred and twenty thousand dollars. I would also add that this bill is supported by the Illinois NeW Car Dealers' Association. Be happy to answer any questions. And I would ask for an Aye vote.
Gentleman has moved passage of House Bill 2954. Discussion? Senator Karpiel.
Thank you, Mr. President. A question of the sponsor.
He indicates hedll yield, Senator Karpiel.
Senator, would you clear something up for me? Is it now the law that if you -- if you purchase -- if you 're a Cook County resident and you purchase a automobile in another county, you have to pay the Cook County *ax and that dealership has to collect your tax?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Yes. The individual has to pay the tax if they purchase the vehicle outside of Cook County, and this bill would request that 29 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislakive Day June 24, 1992 the State would do the collecting. The State would eollect the use tax in the Collar Counties.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Karpiel.
When you say the State, noW under this bill, are you now saying that dealers in other parts of the State of Illinois will have to be collectinç the Cook County tax portion? And are you saying that that is noW -- that is not now the law, but will be the law under this bill?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Well, I thought I answered the question the first time. Maybe I am not understanding Right noW -- first of all, wedre talking about a new tax which begins in the -- in the county September 1st, and it's a three-quarter-cent sales tax. And what this bill contemplates is that since the individual is going to be liable for payin: that tax, and they bought out in the Collar Counties, they would be liable. And what this bill says is the State shall collect that tax. And it al1 will be done when the purchase takes place. And it'll be easy to determine the -- the address or the residence of the purchaser, because you have to put that on the title, what county you 're from. So I hope that answers the question.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Karpiel.
Well, it doesn 't exac*ly answer my question, because realize this is a new tax or at least an increased tax. But aE the present time Cook County has a higher sales tax than other counties, and I want to know, under the present law, hoW is -- 30 STATE 0P ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24y 1992 how it is Worked. How do -- how does the State collect the Cook County tax at the present time? Because it is -- now it is higher than other counties and this is going to make it higher yet. I understand that. But under the present law, how is it collected now?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Well, when you say hoW ks ''it'' eollected, that's where I'm having a problem. If youdre talking about the City sales tax, for example, the County -- the City of Chicago has a sales tax. So if you buy a car in Schaumburg and you live in the City, the State, right now, is collecting that tax and sending it to the City . That's a use tax. And this Would work the same Way.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Karpiel.
I just don't understand, I guess, what the difference is between the present law and what is going on and What youdre proposing in this bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator -- Senator Luft.
Thank you, Madam President. Maybe I ean clarify what the bill is trying to do. There are two things that the amendment, which Was added to the bkll, are attemptkng to do. The Leglslature two years agoe or a year ago, passed legislation that allowed the State of Illànois to eollect for the City of Chicago a use tax. What this amendment does is permanentize <sic> the collection of the use tax, the law that is in existence today. The second part of it is -- is that the sales tax that was passed by the County of Cook - not a use tax, the sales tax at three-quarters percent 31 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 I this bill allows the Department of Revenue to collect that tax, I which is applied only in the County of Cook, and only on motor I vehicles.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Butler.
Thank you. Will the speaker yield, please?
PRESIDING OFPICER: (SENATOR COLLINS) He indicates he Will yield.
As I understand it thenz any county could pass a similar tax and require the State to collect it across its borders. Are we not then setting up a whole neW mechanism that puts the State in khe middle of a special use tax colleetion process. What -- the ( thing I have trouble understandinç is what business does the State have, or what responsibility does the State have? That law , that h was referred to just now, dies this year or has died . So Wedre I ! going to permanentize <sicl it. So... I
PRESIDING OFFICER: (SENATOR COLLINS) ! Senator Cullerton.
! Well, to answer your question, Senator, it's a good question. Firstofall,CookCounty istheonlyhomerulecounty. So they l Would be the only one that would have the autharity to increase or create a sales tax. But 1et me -- le* me give you a good example of Why the State ought to collect this tax. You used to be a mayor of a village, and the Cook County Collector collected the property taxes for a11 of the county and then they remitted it to your village. They remitted ittoyourlibrarydistrict,they 1 ie r mittedittoyourfireprotectiondistrictoryourvillage. And t's obviously a more efficient way for the Cook County Collector 1 to collect and distribute property tax exemptions to a1l local I I 32 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24# 1992 governments. To do otherwise would require both businesses and government to duplicate their efforts, and would just antagonize consumers. Remember now, Welre not voting on creating a new tax. The tax is in place. Wedre only talking about the most efficient way to collect the money, and of course that's why the -- the Illinois New Car Dealers Association is in favor of this.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Butler.
Well, I can appreciate it's more efficient. There's no question about that, because it puts the State in the in the position of being a tax collector. My objection to it is that a county now says Will reach into another county in order to colleet the special use tax passed for its own benefit. And that's crazy. Why are we putting the State in the position of having to collect -- as a collector? It just doesn't make any sense to me.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Topinka.
Yes. Madam President and Ladies and Gentlemen of the Senate, if I may ask the sponsor some questions.
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield.
First of all, besides just overlooklng the fact that obviously the City of Chicago Department of Revenue can't get its aet together to do it itself - which I find somewhat frustrating - is the Illinois Department of Revenue geared up to be able to do this on a continuinq basis, and if so, are we getting any kind of payment for making thls collection servlce? 'Cause even private 33 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 sector collection services do get percentages from being able to do this type of job.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Very good question, and maybe you missed my explanation. Yes, the Department will receive a two-percent fee. This would bring in approximately four hundred and twenty thousand dollars for administrative purposes. We determined in the committee, by asking questions of the Departmenty that it would be extremely easy for them to collect this tax, because when you purchase a car, you have to have a title, and on the title you put down what county youlre from . So it's easy to identify people from Cook County. Four hundred and twenty thousand dollars is a lot of money just to change a program. They said that they have been collecting the tax for the City of Chicago right nowz and it's working very well. I asked them to give me some figures as to how much money theyîre collecting from the City of Chicago and how much it's cost them to eollect it, and they haven't done so yet. But I assume that if it was a major probleme they Would have been in here with a bill to change the -- their fees. So I really don't think that there's a problem with the the Department collecting this fee.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka.
A question, if I may. Will the monies you are projecting to be collected for the State indeed enough to be able to administer the program, as per the Department of Revenue? And also, why does the Department continue to remain in opposition?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton. 34 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Leqislative Day June 24, 1992
Well, they didn't tell us how much it's going to cost them to collect this. We told them it's going to be four hundred and twenty thousand dollars, and we asked them -- that's a lot of people to hire; that's a 1ot of computer programming changes you can purchase with four hundred and twenty thousand dollars, and they didn't say -- theyfve never told me -- I wrote them a letter asking them how much they expected it to cost. They never responded. But I would suggest that four hundred and twenty thousand dollars -- I think the State will make money on this bill.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Fawell.
Thank you very much. First of all, could we have a little order?
PRESIDING OFFICER: (SENATOR COLLINS) Will the staff please take your conferences off of the Floor? This is a very important bill. The noise level is too high . I can't even hear up here. So Wi11 you please lower your voices? Senator Fawell.
Thank you very much. Senator Cullerton, isn't it true that Chicago had aqreed that they would take this tax off; they Would sunset the tax June 30tb, 1993, as far as the Collar Counties were concernedy and that they Would no longer require, after June 30*h, 1993, that they would be forced to collect this tax? Wasnlt that the agreement, and isn't this bill reneging on that agreement?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Absolutely not. That provision Was put in Senate Bill 45. 35 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 You may recall Senate Bill 45, which was a major piece of legislation last year where we eut the cost of State government dramatically. That was included in that bill. I Would suggest a more likely scenario was that the City asked for it to be permanent, and the Department of Revenue said, ''We11z let's -- wedll only allow you to do it for two yearsz'' as part of a political compromise. But the fact is that this is going to extend it as it should be. The State should be the one to collect this tax, not the City of Chicago.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Eawell.
Now what you are doing -- in the first place, it was an agreement. It was an agreement. It was a compromise, but it was an agreement. Now -- now, you are not only taking the -- reneging on the agreement; the second thing you are doing is you are adding to it. You are saying to the Collar Counties that they must collect not only the Chicago tax if somebody happens to -- for instance, in Hinsdale, Where We have both Cook County and Dupage, if somebody who happens to live on the Wrong side of the street comes across and buys a car in his own town, that dealer may indeed have to collect an additional tax for the County of Cook. Isn't that true?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
A use tax was passed in Cook County, which right now requires the automobile dealer to collect that tax, if the person lives in Cook County. If they live in Cook County and they go to Dupage County, whether we pass *his bill or not, they have an obligation - the used car and new car dealer has an obligation - to collect that tax and send it to the county. That's the law. What this 36 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY j REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 bill says ls, the State, instead of the automobile dealer, ought to collect the tax and send it to Cook County. That's what it does. Now if youlre opposed philosophically to the concept of use taxes, then so be it. But they have the authority to do it; they passed it# and it's the law. With regard to reneging on the deal, I would -- I would object to your characterization that this is a reneging on any -- on any deal. It's -- that provision where the City was goin: to have the State collect its use tax was put in for two years, for whatever reason, at the request of the Department of Revenue. Theydre collecting it. They lre being paid for it, and it doesn't pose a problem for them.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Fawell.
Is this a reciprocal deal? Does Joliet, for instancee who has a use tax -- if someone from Joliet goes into Cook County, Will -- does Cook County then collect Joliet's tax?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Welly Cook County is the only county that has the authority to do it. If you fre talking about municipalities, like Chicago, that have a use tax, it's not included in this bill. And I'd be happy to support it if you want to offer it on another bill.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Davidson.
Question -- couple of questions of the sponsor.
PRESIDING OPPICER: (SENATOR COLLINS) Hold up. Senator Fawell wants... SENATOR FAWELLI Well, to the bill: Fkrst of all, this was a deal that was 37 I I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Worked out that this tax would come off our -- the Collar Counties in -- June 30th, 1993. That was the agreement. NoW We are expanding the tax so that a11 the Collar Counties must be required to collect this tax if they have their dealership inside the County of Cook -- I mean, inside the Collar Counties, for the County of Cook and for the City of Chicago, forever and a day. It is not reciprocal. I even question whether this bill is constitutional. One of the reasons the deal was worked out is because Celozzi-Ettlesony which is my district, dld not Want to take it up to the Supreme Court because your guys were saying that, in effect, they were going to go back for twenty years and look at their books. So the deal Was the tax would be taken off in three years. That was the deal. Now you have reneged on the deal. Where does it stop? Is the next thin: going to be when somebody comes into my county in Oakbrook from Berkley and wants to buy a refrigerator? That's a use tax, in effect. They use the refrigerator in Cook County. Where does it stop? I don't think this is constitutional. I thlnk this is a bad idea. I think we ought to defeat this bill and stop this nonsense once and for all, before it completely gets out of hand. PRESIDING OFFICER: (SENATOR COLLINS) Yes. If -- Senator Davidson. SENATOR DAVIDSON: Couple questions of the sponsor. PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield. SENATOR DAVIDSON: Senator Cullerton, is this sales tax imposed by the County over and above what Cook -- excuse me: what the City of Chicago is now collecting, or does that apply both for the City and the County? PRESIDING OFFICER: (SENATOR COLLINS) 38 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Senator Cullerton. SENATOR CULLERTON: ; i Senator: IIm sorry. I did not -- I'd have to ask you to repeat that.
Is the three-quarter-cent use tax that Cook County's now imposing, is this over and above the sales tax or use tax the City of Chicago has already in place?
PRESIDING OFPICER: (SENATOR COLLINS) Senator Cullerton.
Yes.
So other words, if you live in the City of Chicago, Which is part of the Cook County, you're going to noW pay one and a half additional cent sales tax?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
By action of the County Board, not by action of this bill. ïou understand, this bill doesn't raise any taxes.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Davidson.
But, yes.
I understand it doesn't -- this doesn lt raise tax. I understand the County Board did it, but I just wanted to make clear that al1 you people who live in the City of Chicago -- because you are part of the Cook County, whether you want to agree or not, are now going to payinq one and a half percent additional sales tax. Second question is -- I should say tWo other 39 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 questions. First, my understanding under the present forms that Revenue and the software they use, the county's not identified. Does that mean now the Department of Revenue is going to have to reprint a1l their forms and reprogram a11 thelr software if this would become law? PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton. SENATOR CULLERTON : Welly we asked them about that, and we said, HHOW much is this going to cost you?'' And they said, 'IWel1, Wefre going to have to reprogram our computers.'' And we said, ''Okay. How much is it going to cost?'' And they said, f'Well, We're not suree'' And we said, ''Well, we're going to give you four hundred and twenty thousand dollars to do it.'' And they said, 'dReally? That much?'' And we said, ''Yeah.'' So we expect, as I said to Senator Topinka, the State might actually make money on this bill. It is not going to cost them that much to reprogram their computers. PRESIDING OFFICER: (SENATOR COLLINS) Senator Davidson. SENATOR DAVIDSON: Well, I'm also aware -- and Joliet Was a poor town to use, 'cause they charge a vehicle registration tax - not a sales tax , but it equals out to about the same. But there are three other -- I mean, excuse me, five other home rule counties -- excuse mey cities that now have a home rule city use tax, and they collect it and doing very Well. And that happens to be a1l of them Downstate, one of them which happens to be Springfield. Frankly: Ladies and Gentlemen, if the City of Chicago imposes a tax, Cook County imposes a tax, that's within their prerogative. But one catcher that hasn't been explained - if this would become law, the Cook County Sales Tax, or at least the State collecting itz couldn't be effective until September 1993, because the ordinance 40 STATE 0F ILLINOIS 87th GENERAL ASSEMBLX 4 ! SR EN EG AU TL EAR TRS AN ESS CRIPT ION I I I I 124th Legislative Day June 24, 1992 1 I as it was adopted by the county doesn't call for the State to -- to collect it. And it's past the deadline for the filing of doing i that . So the County would have to change their ordknance and so, i actually , the State wouldn't collect it for a year and three I months if khis became law. I think this is terrible idea. And I urge a1l of you to consider thës, particularly those of you who ' are from Downstate. Youdre asking the Stake to do something that 1 if the County wants to impose it, 1et them do the collecting, just i like the Downstate home rule units and the citîes are doing now. i This is a good No vote. I PRESIDING OFFICER: (SENATOR COLLINS) i Further discussion? Senator Watson. i SENATOR WATSON: 1 A question of the sponsor. I PRESIDING OFFICER: (SENATOR COLLINS) 1 He indicates he will yield. 1 SENATOR WATSON: i What, under current law, happens if a resident of Chicago I comes to Bond County and buys a car? What happens under current i 1 law? i PRESIDING OFFICER: (SENATOR COLLINS) I Senator Cullerton. , SENATORCULLERTON: 1 Senator, the individual who purchases that automobile down in your county has an obligation to notify the City of Chicago that he purchased a car outside of the Collar County. And they have to be -- the City has the obligation of collectinq it.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson.
I guess, the City - you mean that to be Chicago, I guess, obviously. Now what happens under your proposal? Same scenario. i . 41 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton. SENATOR CULLERTON: No change Whatsoever. This only applies to the Collar Counties. PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson. SENATOR WATSON: Well, are we going to see then next year future legislation that'll just domino this a11 the way Downstate, because I can see now where the Collar County people are going -- are going to want to say, ''Well, if we're going to provide this protection this legkslation to us, shouldn't it then be applied to tbe counties that surround us7l' That's a question. PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton. SENATOR CULLERTON: No, I don't believe so# Senator. You know, the City of Chicagoy foE example, is not asking that this thing be extended beyond those counties. As a practical matterz in terms of the volume, somebody who lives in the City of Chicago or the County of Cook, if they want to buy a car, they'll look for -- in the general area around the counties -- around the Collar Counties to purchase the vehicle. There might be some exceptions. Somebody might come down to your neck of the woods to get a good deal and drive down to your -- Bond Counky and then drive back up. But they still have an obliqation of paying the tax, but it's not necessary for us to put in the legislation the obligation of the State to collect the tax down there. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator DeAngelis. SENATOR DeANGELIS: 42 -7 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Thank you, Madam President. I got up this morning and I read the Chicago Tribune, and on page three it says, ''Edgar gives up on : plan for taxes.'' But you know what? The General Assembly is not ' giving up on it. This isz in factr the largest tax increase - two hundred and seventy-two million dollars - imposed upon the County i of Cook. And we are, in fact, going to be part and parcel if we ' I pass this bill. You know, if you hand an assassin, who has an j I unloaded gun, a bullet and he killed somebody with it: youfre as I guilty as that assassin. This bill is the bullet for Cook County. You can sit up here a11 day long and talk about, ''0h, this doesn't 1 ' increase the tax.' Well,1'11tellyouonething-itdelivers 1 I the bullet. And I am reallyz really concerned with some of the comments, because some of the major points are beinq soft-pedaled and overlooked. Senator Cullerton, the Department of Revenue is opposed to this bill. Don't give me that, ''Wel1, they didn't say this; they didn't say that.'' They are opposed. In the meantime, while we're doing our budget work, we are laying off auditors and collectors who would collect it# and now we dre going to put on some new ones, or at least take some of the ones Who are collecting that four hundred million dollars, to go ahead and do the footwork for the County of Cook. And you know, I get a little tired of hearing, '$Wel1z they can't do it themselves,'' ta-da, ta-da, ta-da. Well let me point out to you - :he Town of Bloomington does it. Much smaller than Cook. The ToWn of Granite City does it themselves. Much smaller than the County of Cook. The Town of Mt. Vernon does it. Much smaller than the County of Cook. The Town of Normal does it. Much smaller than the County of Cook. The Town of Sprinqfield does it. Much small than the County of Cook. The Town of Joliet does it, Senator Dunn. Much smaller than the County of Cook. You know, 1.11 tell you I something. This bill - this bill - is# in fact, a tax increase . I I Because without itz you won't collect the tax. And 1 want to tell 1 i 43 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 your for somebody who lives on -- in a district that borders Indiana on the east and Will County on the south, not only is this a tax increase - it's a drain on our business. I would like some of you to drive down Steger Road, which one side of the road is ; Cook County, and the other one is Will County. You will see along i : there liquor stores with names like ''No Cook County Tax Liquor Store.'' And I can remember, I told Bill McHenry, when he built this Gas City gas station that looked like the Alamo, because it was out there al1 by itself on the corner of Steger Road and 394, I saidz ''McHenry finally made a dumb move.'' That Gas City gas station - now a Shell - was the busiest Gas City gas station in the entire chain. So not only are you imposing a tax -- tax, but you're dissermediating <sic> our total economy in the South Suburban area, and I cannot fathom anyone wanting to support this kind of action, particularly in the kind of climate that exists today, plus the fact that We have refused, on our own behalf - on our own behalf - to look at tax increases that are far less than this. In fact, they bre infinitesimal compared to what this tax increase is. I urge the defeat of House Bill 2954.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Luft.
Thank you, Madam President. I would like to have your attention just -- and 1'11 try to be brief, Senator Sam. But I've listened to so much junk for the last few minutes that I really canlt believe it, and I would like to think Ehat somewhere along the line common sense prevails in this Body. And 1et me give you the points of common sense. If Senator DeAngelis was correct - that this is an income tax increase - then everybody that was here three years ago that voted for the Sales Tax Reform Act voted to collect six billion dollars and impose six billion dollars' worth I of taxes on the people we serve, because that bill mandated that i I 44 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 124th Legislative Day June 24# 1992 We collect the tax for every local unit of government in the State of Illinois. Not only our percentage, but every municipality 's percentage and every county 's one-quarter peraent. You voted on I think it was 56 to nothing. Now we just imposed six to seven billion dollars' worth of taxes. What a philosophy that is. That doesnft even make sense. What does a collection process have to do with the imposition of a tax? Absolutely nothing. We collect TIFs from local units of government; we do that for them. We collect motor fuel tax for local units of government. Are you kidding me? We collect almost every State tax there is. And then someone alluded to the municipalities. You know why they can do it? They have departments of revenue. The County of Cook does not have a department of revenue. And this is not going to stop this tax from being collected. What the -- Cook County would probably have to do is simply create a department of revenue. My guess is if the Department of Revenue of this State Would have provided us with the figures that they're making - what theydre making, the two percent for collecting this it's an asset to us; it's a profit to us; and it's a benefit to those people and those taxpayers in the State <slc> of Cook. Now, Senator Butler was worried about gaing into other counties. Are you kidding me? We go into other states. We go into other countries to collect sales tax from the State of Illinois. The Supreme Court just ruled that we can go after catalogue sales. There's nothing new about this. There 's nothing sinister about this at all. My suggestion is that we pass this. No one's going back on any deals. We collect everybody's tax in the State of Illinois - everybody's. So why deny this when in the bottom line, it's a profit maker for the State of Illinois?
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Cullertonz to close. Senator DeAngelis, for a second time. 45 STATE OF ILLINOIS 87th GENERAL ASSEMBLY , REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 SENATOR DeANGELIS: Personal privilege, Madam President. My named Was mentioned in debate. Senator Luft, I participated in that committee. What that committee did is it made sure that a1l taxes Were uniform. If they Were not uniform, we weren't going to collect them. This is why we have to pass this bill. This is not part of the uniform tax situation. Those taxes were already in existence. This is a new tax. This is a new tax. And let's make that distinction.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton, to close. Senator Luft, for a second time.
I really apologize to the Membership. We collect a new tax ! i l every time a sales tax in a TIF district is imposed. It has ' nothing to do with the imposition of taxes. There is no argument to make for it. It is a tax that every local unit of government, when they create a TIF, is a neW tax and We collect it. So that argument doesn't fly. PRESIDING OFFICER: (SENATOR COLLINS) ! Senator Cullerton, to close, please. i i i SENATOR CULLERTON: j I'd ask for an Aye vote, please.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bill 2954 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 54 Ksicl (34) Ayes, 24 Nays, none voting Present. Having received the required constitutional majority, House Bill 2954 is declared passed. j ! House Bill 2987. Senakor Cullerton. Read the bille Mr. ! Secretary. 46 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 END OF TAPE TAPE 2
ACTING SECRETARX: (MR. HAPRY) House Bill 2987. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Yes. This bill -- thank you, Madam President and Members of the Senate. This bill was debated yesterday. I took it out of the record. This is a bill Which is, I believe, on the Governor's desk, except for one provision, Which is Amendment No. which is on this bill. So the only purpose of passin: this bill would be to pass Amendment No. 1. What the bill dealt with, briefly, wasz in effect, to take advantage of a federal tax policy which would allow companies to take out life insurance policies on their employees, then borrow money from -- on Ehat policy, and then use that money to provide health benefits after people retkred . The federal 1aw allows for them to take a deduction on the interest that they pay on the loan. And that's Why they want to do it. What the amendment does is deal with the issue of the consent. The employees have a right to be informed as to whether or not they want to have a life insurance policy taken out on their life. And the question was, hoW should we give them that notice. So rather than requiring consent by the insured to be provided in writing, it would require the employer to provide Written notice of the coverage, then the insured has the thirty days from receipt of notice to reject the coverage. This is not a typical 47 / STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 : situation where you're -- you're looking for a consumer point of view , providing them with their rights, becausez as a practical . : matter, the way 1 understand it, every employee would Want to have thislifeinsurancetakenoutontheirlife.They'renotgoing to $ ! be paying the premiums. Theylre just going to be benefiting from the money when they retire, for their health benefits. So for that reasonz I don 't think this amendment is unreasonable, and I'd be happy to answer any questions, and ask for an Aye vote. PRESIDING OFFICER: (SENATOR COLLINS) Further discusskon? Senator Hawkinson. SENATOR HAWKINSON: Thank youz Madam President. Sponsor yield for a question? PRESIDING OFFICER: (SENATOR COLLINS) He indieates he will yield. SENATOR HAWKINSON : Senator, when I got up on this yesterday, my concern was that the notice be given in such a way that the employee actually learn of it# and that it not be part of some big employee handbook or a big package that explains the employee benefit package and therefore probably Would never see the notice and have a chance to reject it. The proponents of the amendment came to my office and indicated that they were working on language to further define the notice. And I guess my question is, is it your intention to take thks to conference committee so that that kind of clarification of how the notice Would be sent would be incorporated in the final bill? PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton. SENATOR CULLERTON: 1 Yes. I was unaware that they were Working on that language. So yes, wedll pass tbe bill. 1111 ask the House sponsor to ! nonconcur. We dll go to a conference and then We can address your 48 E STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 concerns. So I'd ask for an Aye vote. PRESIDENT ROCK: Question is, shall House Bill 2987 pass. Those in favor will vote Aye. Opposed, vote Nay. And 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 59 Ayesz no Nays, none voting Present. House Bill 2987, having received the required constitutional majority, is declared passed. Senator Schaffer, for what purpose do you arisez sir? SENATOR SCHAFFER: Mr. President, on a point of privilege. We have With us today in the qallery, checking up on her husband, Sue Watson and her parents, Everett and Lucille Rasler, from Greenville. He's here. Hets been here most of the week. He's been doing his job. PRESIDENT ROCK: Will our guests please stand and be recognized. Welcome, again. Senator Collins, on 2994. Read the bill, please. ACTING SECRETARY: (MR. HAQRY) House Bill 2994. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Collins. SENATOR COLLINS: Thank you, Mr. President and Members of the Senate. This is basically a shell bill. We are trying Eo get iE into a conference to put on the public works program that wefve been working wkth for the past several months. Would be happy to answer any questions. If not, I would just ask for a favorable roll call. PRESIDENT ROCK: Discussion? Is there any discussion? If not: the question is, shall House Bill 2994 pass. Those in favor, vote Aye. 49 : STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Opposed, vote Nay. And the voting's open. Have a11 voted who I wish? Have a11 voted Who wish? Have a1l voted who Wish? Take 1 khe record. On that question, there are 59 Ayesz no Nays, none voting Present. House Bill 2994, having received the required constitutional majority, is declared passed. Senator Geo-Earis, for what purpose do you arise?
Mr. President, a point of personal privilege.
State your poink, please.
In the President's Gallery is a very charming lady by the name of Penny Link - L-I-N-K, and her son, Jaimie - J-A-I-M-I-E - my constituents from Antioch who are here to Witness our doings. And we're delighted to have them here. Would you stand up, please.
Will our guests please stand and be recognized. Welcome to Springfield. Senator Joyce on 3029. Read the bill, Mr. Secretary, please.
ACTING SECRETARY: (MR. HAPRY) House Bill 3029. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Joyce.
Thank you, Mr. President and Members of the Senate. What this is doing is just changing the Loeal Razardous Waste Collection Program Act that was voted in in 1991. Ik's just making some -- kind of firming up this program . It's been ehanqed to the Household Hazardous Waste Collection Program. And it -- the changes are mtnimal. They also require a report to the Governor 50 STATE OF ILLINOIS ! 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 124th Legislative Day June 24 , 1992 i 1 and the GeneralAssemblyby 1995as to how thisprogram is comin: j ' ! along . The program is now -- IEPA is noW doing this on not regular intervals, but they have been doing this program once in l awhile and finding it's working very good. It's mainly your paints, your solvents, things that we do not Want going into landfills. And With this program being firmed up a little, I think it will make it much easier to site landfills if these things are not going into them.
Discussion? Any discussion? Senator Macdonald.
Thank you, Mr. President. I rise in strong support of this bill. We discussed it in committee. It is a good bill. It came out on the Agreed Bill List. And I recommend its passage.
Question is, shall House Bill 3029 pass. Those in favor, vote Aye. Opposed, vote Nay. And the voting's open. Have all voted who wish? Have al1 voted who wish? Have all voted who Wish? Take the record. On that question, there are 57 Ayes, no Nays: 1 voting Present. House Bi1l 3029, having received the required constitutional majorityy is declared passed. 3070. Senator Watson. Read the bill, Mr. Secretary, please. ACTING SECRETARY: (MR. HADRY) . House Bi11 3070. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Watson.
Yes. Thank you: Mr. President. This is the legislation that we debated the other day dealing With the regional superintendents of school. We took out the languaqe that Senator Schaffer had 51 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY : REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 some objections to. Now the bill contains language that it would allow the regional superintendents to aecess to grants and other programs offered by the State Board of Education. The reason for that is in many cases, a regional superintendent will represent several school districts, this -- and they will be able to go together on their early childhood program, or drug program. It could actually save money to allou the regional superintendent to submit the grant. Second provision would allow the regional superintenöent to seek reimbursement from the State Board for crkmknal background checks for -- incurred by the regional superintendent's office. Substitute teachers, again, who may I substitute in -- in several different school districts - this 1 would allow just one test to be done -- done to the regional superintendent's office. And again, it could be a cost-savkng I : provision. 1'11 be glad to answer any questions, otherwise I appreciate your support. i PRESIDENT ROCK: i Senator Watson has moved passage of House Bill 3070. Is there j any discussion? If not, the question is, shall House Bill 3070 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that 1 question, there are 58 Ayesp no Nays, none voting Present. House Bill 3070, having received the required constitutional majority, is declared passed. 3105. Senator Thomas Dunn. Read the bill, Mr. Secretaryy please.
ACTING SECRETARY: (MR. RARRX) House Bill 3105. (Secretary readE title Of bill) 3rd Reading of the bill. I PRESIDENT ROCK: I I Senator Dunn. I 52 STATE OF ILLINOIS 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24y 1992 i
Thank you, Mr. President. This bilt simply permits townships outside of Cook and Dupage to access Lake Michigan and the Mississippi River to become members, and Will enable them , in unincorporated areas, to have adequate water supplies. I know of no opposition to this bill.
Senator Dunn has moved passage of House Bill 3105. Is there any discussion? If not, the question is, shall House Bi11 3105 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have a11 voted Who Wish? Have a11 voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. House Bill 3105, having received the required constitutional majority, is declared passed. Senator Maitland. 3135. 3139. Senator ! Cullerton. Read the bill, Mr.. Seeretary, please. j ACTING SECRETARY I : (MR. HARRX) House Bill 3139. (Secretary reads title of bill) 3rd Reading of the bill. :
Senator Cullerton.
Thank you, Mr. President and Members of the Senate. The bill now has three provisions. Provides that a person Would be found guilty of aggravaked driving under *he lnfluence if *he person who was driving under the influence was ''a proximate'' cause of a serious motor vehicle accidentr as opposed to ''the proximate'' I cause. It's really just aminorchange. Wealsosaythatthe number of associate judges in the 10th Circuit, which is down in j : I the Peoria area, shall remain the same as it is nowy which is : eleven. And we also put an amendmenk on at the suggestion -- if I I 53 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ; I 124th Legislative Day June 24y 1992 i ; I fact , it was Senator Keats' amendment, which deals with the fact l that in Cook County there would otherwise be a loss of one associate judge because of the loss in population. This amendment says that that judge shall be a full circuit -- a full sub-circuit judge. So it's an agreed amendment and aqreed bill. I'd ask for an Aye vote.
Senator Cullerton has moved passage of Eouse Bkll 3139. Discussion? If not, the question is, shall House Bill 3139 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. A1l voted who wish? Have all voted who wish? Have all voted who gish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. House Bill 3139, having received the required constitutional majority, is declared passed. 3149. Senator Savickas. 3160. Senator Rea. 3175. Senator Topinka. 3185. Senator Dart. Read the bill, Mr. Gecretary, please.
ACTING SECRETARX: (MR. HAQRY) House Bi1l 3185. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Dart.
Thank you, Mr. President, Members of the Senate. House Bill 3185 expands the scope of the rape shield Statute to a11 prosecutions involved in illegal sex acts. When the bill was originally formed years ago, this Was an oversight. This attempts to clarify that. There's no known opposition. This passed out of the House ll5 to nothing. It was on the Agreed Bill List heree and I'd solicit your support.
54 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Discussion? Is there anydiscussion? Ifnot,thequestion 1 ! is: shall House Bill -- I'm sorry. Senator Philipz on this bill? Senator Philip.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I had my circuit clerk from Dupage County call and say the Circuit Clerks' Association's against this bill.
Senator Dart.
I have received no notice of any opposition whatsoever. This apparently is just a clarification of the law, and I have received no notice of opposition.
Al1 right. Question is, shall House Bill -- I'm sorry. Senator Philip, do you wish to -- Senator Philip.
And if I remember correctly, he called me three or four days ago. Maybe you have Worked that out. But he Was pretty insistent on it, and it evidently was an argument in regards to collection; that -- that the way they do it now, they get their money first. The way you Want to change it: they have to chase people to get their money. That's how he explained it to me.
Senator Dart.
Senator Philip, youdre correct. That was Amendment No. l which I tabled yesterday. There was some opposition on that, and I tabled that.
Further discussion? Senator Fawell. A11 rlght. Question is, shall House Bill 3185 pass. Those in favor, vote Aye. Opposed, 55 STATE OP ILLINOIS i 87th GENERAL ASSEMBLY $ REGULAR SESSION i SENATE TRANSCRIPT 124th Legislative Day June 24e 1992 ! I vote Nay. The voting is open. Have a1l voted who wish? Al1 j voted who wish? Have a11 voted who wish? Take the record. On 1 i that question, there are 59 Ayesy no Nays, none voting Present. I House Bill 3185, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, KMOX i Television has requested permission to shoot some videotape so a1l : of us can be seen in St. Louis. Sam, are you ready? Without objection, leave is granted. PRESIDING OFFICER: (SENATOR LECHOWICZ) ' Senator Jacobs, what purpose -- for recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LECHOWICZ) State your point.
I'd like to introduce in the audience two good friends of mine, in the President's Gallery, Daryll Foskl Yeargle, and the other is my bride of thirty-seven yearsz my wife, Mary Ellen.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Let's give them a warm welcome. Please stand and be recognized. And welcome, once again, to Springfield. House Bill 3188. Senator Jones. House Bill 3201. Senator Palmer. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) House Bill 3201. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Cook, Senator Palmer.
Thank you, Mr. President and Members of the Senate. House Bill 3201 would transfer and change the appointive power for the 56 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24g 1992 ! 1 Community Development Pinance Corporation from the Governor to the Chairperson of the CDFC Board, the Treasurer, so thatthis j economic development tool can be put into action. In 1983 the Community Development Pinance Corporation Act was passed, and to date no appointments have been made to that Board. The CDC is an extremely important economic tool that we are not using, particularly as its purpose is to provide capital to community development corporations, and these projects must be in distressed areas with high rates of unemployment. CDCS have had a significant role in economic development across the United States, particularly in Illinois. They allow local decision making for economic development priorities. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? Gentleman from Cook, Senator Mahar.
Thank you, Mr. President. I just merely wish to rise and advise the Members that the Governor's Office still Wishes ko retain the right to make these appointments.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Any further discussion? Lady from Cook, Senator Palmer, to close.
Thank you. I'd just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall House Bill 3201 pass. A1l in favorz vote Aye. A11 opposed, vote Nay. The voting is open . Have al1 voted who wish? Have all voted who wish? Please take the record. On this question# there are 31 Ayes, 25 Noes, none recorded as Present. And House Bill 3201, having received the constitutional majority: is hereby deelared passed. House Bill 3221. Senator Leverenz. House Bill 3227. Senator Rea. House Bill 3227. Senator Rea. House Bill 3261. Senator Macdonald. Read the bill, 57 STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION ' SENATE TRANSCRIPT 124th Legislative Day June 24# 1992 i Zr* Secrebary. ACTIKG SECRETARY: (MR.HARRY) 1 ( House Bill 3261. i (Secretary reads title of bill) 3rd Reading of the bill. '
PRESIDING OFFICER: (SENATOR LECHOWICZ) I Lady from Cook, Senator Macdonald.
Thank you, Mr. President. Thls is a very important initiative of the Citizens' Council on Women, and it does the following things: It requires at least thirty days' notice on petitions to change custody in dissolution cases; it creates a Domestic Violence Training and Curricula Task Porce withinthePolice 1 Training Board; it ' allows the courtz upon good causee to prevent I mediationorconciliationwithoutthepresenceoftheirattorneys; and it allows domestic abuse violent -- or domestic abuse j advocates to sit at the counsel table and confer in domestic violence cases. I urge your support of this bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? The question is, shall House Bill 3261 pass. A11 in favor, vote Aye. A11 opposed, vote Nay. The votinq is open. Have a11 voted who wish? Have a1l voted Who wish? Please take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present. And House Bill 3261, having received the constitutional majority, is hereby declared passed. House Bill 3281. Senator Schuneman. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. HAQRY) House Bill 3281. (Secretary reads title of bill) 3rd Reading of the bill. ' PRESIDING OFFICER: (SENATOR LECHOWICZ) l I 58 STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 . REGULAR SESSION k SENATE TRANSCRIPT @ I 124th Legislative Day June 24, 1992 I Gentleman from Whiteside, Senator Schuneman. SENATOR SCHUNEMAN: I Thank you. Mr. President. This is a bill introduced by the Department of Insurance, which makes a number of changes to the ! Insurance Code. The original bill amended the Hea1th Maintenance Organization Act to apply the Insurance Code to the provisions requiring filing of policy forms and corresponding fees. And the I amendment that was adopted yesterday, in effect, reinstitutes Senate Bill 1909, which I think was sponsored by Senator Madigan and passed out of here on a unaninous vote, and made some other housekeeping changes requested by the Department of Insurance. I know of no opposition. Be happy to try to answer any questions that any Member might have.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? The question is, shall House Bill 3281 pass. A11 in favor, vote Aye. All opposed, vote Nay. The voting is open. Have all voted who Wish? Have all voted Who Wish? Please take the record. On this question, khere are 58 Ayes, no Nays, none recorded as Present. And House Bill 3281, havinq received the constitutional majority, is hereby declared passed. House Bill 3282. Senator Carroll. Read the bill, Mr. Secretary.
KCTING SECRETARY: (MR. HARRY) House Bill 3282. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Carroll.
Why, thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3282 deals with the eligibility for the Comprehenskve Health Insurance Plan. An issue eame up recently 1 59 STATE OF ILLINOIS j 87th GENERAL ASSEMBLY 1 . REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 where people who had received some type of a court award as a settlement or a judgment from an accident or injury which award included monies for fayments of health care need -- instead of that, the trustees of those funds were placing these people into the Comprehensive Hea1th Insurance Programv thereby costing the taxpayers of the State of Illinois monies to fund their medical needs that have already been provided for by judgment. Basically what wedve done by this bill is to track the language in the Workmen's Compensation Act and other similar laws that says that if you've gotten a judgment for that purpose, then the monies should be used for that purpose, and they would not be eligible for CHIP in those instances. I would be willin: to answer ; questions, and ask for a favorable roll call. PRESIDING OFFICER: (SENATOR LECHOWICZ) ë I Is there any discussion? Lady from Dupage, Senator Fawell.
Thank you very much. For legislative lntent, you are not ! talking about monies that have been given to any individual for living expenses, per se, but rather for hospital expenses and that type of khing. Is that right? i
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll.
1 For purposes of legislative intent, Senator Fawell, as we had I spoken about before, it is the intent of this to deal with where the judgment Was for the medical care, not for other living expenses. Other lkving expenses they should still be gettàng, and that should not have anything to do with their eligibility under CHIP. I PRESIDINGOFFICER: (SENATORLECHOWICZ) 1 Any further discussion? Senator Carroll, to close. , SENATOR CARROLL: i ; 60 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24# 1992 I would ask for a favorable roll call.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Question is, shall House Bill 3282 pass. All in favorx voke Aye. All opposedz vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Please take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present. And House Bill 3282, having received the constitutional majority, is hereby declared passed. Please turn to page l4. Page 14 appears House Bill 3315. Senator Marovitz. Read the bille Mr. Secretary.
ACTING SECRETARY: (MR. HADRY) House Bill 3315. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Marovitz.
Thank you very much, Mr. President and Members of the Senate. House Bill 3315 amends the Juvenile Court Act to allow court appointed special advocates, called CASAS, to operate in conjunction With khe court to determine what is in the best interest of minors in juvenile court cases. It provides additional authorization for judges to assign citizen volunteers as guardian ad litems in certain eases. These CASA programs, which are currently in Winnebago County: have resulted in *he closure of cases involving a hundred and fourteen abused and neglected children. By facilitating the provision of servkces to these abused and neglected children and to their dysfunctional ; families, case resolution is expedited and State dollars are saved. This comes from the Illinois Action for Children and from ! the CASA organization. I would solicit your Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 61 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Any discussion? The question is, shall House Bill 3315 pass. A1l in favor, vote Aye. A11 opposed, vote Nay. The voting is i open. Have a1l voted who wish? Have al1 voted who wish? Please ! : 1 take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present. And House Bill 3315, having received i theconstitutionalmajority,is hereby declared passed. House 1 Bill 3325. Senator Brookins. 0ut of the record. 3374 is on Recall. House Bill 3385. Senator Berman. Read the bill, Mr. Secretary .
ACTING SECRETARY: (MR. HARRX) House Bill 3385. 1 (Secretary reads title of bill) ! 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) ! Genkleman from Ccok, Senator Berman.
! Thank you, Mr. President. This bill does tWo things to the School Code: first, it allows for a referendum to be held Where school board members must run for election from subdistricts -- l that they could, by teferendumz be -- choose to run at large. The I second portion of it requires that petitions for consolidation can only be filed within two years, unless the basis of the petition is substantially different from the one that had previously been turned down, or the school finds itself on a financial watch list. Be glad to respond to questions. Solicit your Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall House Bill 3385 pass. All in favor, vote Aye. A1l opposed, vote Nay. The votlng is open. Have a11 voted Who wish? Have all voted Who Wish? Please take 1 the record . On this question, there are 57 Ayes, no Nays, none I recorded as Present. And Hause Bill 3385. having received the I : constitutional majority, is hereby declared passed. House Bill 62 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 i ! 3394. Senator Cullerton. Read the bill, Mr. Secretary. i I ACTING SECRETARY: (MR. HARRY) ë I Rouse Bi11 3394. I (Secretary reads title of bi11) ' 3rd Reading of the bill I . ;
PRESIDING OFFICER: (SENATOR LECHOWICZ) i Gentleman from Cook, Senator Cullerton. I
i Thank you, Mr. President, Membersof the Senate. The bill 1 i makes a nonsubstantive change in the Medicaid Assessment Program . It's meant to be -- to go into a eonference committee for possible use as a vehicle for a Medicaid assessment bill. So I'd ask for anAyevote. 1 ! PRESIDING OPFICER: (SENATOR LECHOWICZ) ' Any discussion? The Lady from Dupage, Senator Fawell. SENATORFAWELL: $ : Will the sponsor yield for a question? i
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will. I
Senator -- Senator Cullerton, one of the groups came to me and said that there was a bill on the Floor that, in effectz really Was the Universal Hea1th Care. Is this it, or is this another one? '
PRESIDING OFFICER: (SENATOR LECHOWICZ) SenatorCullerton. 1
Absolutely not this bill. I will not allow this bill to be used for that purpose.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: 63 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i i 124th Legislative Day June 24, 1992 1 Thank you, Mr. President. I just Want to verify what the I sponsor said. I Went on as a hyphenated sponsor af this bill. It 1 i wi11 not be used for the purpose that Senator Fawell is concerned 1 about. 1 PRESIDING OFFICER: (SENATOR LECHOWICZ) i . Senator Topinka. I SENATOR TOPINKA: I Yes. If I may ask a queskion, and that isr if it's not going l i to be used for Universal Health Care, which is fine, would you have any other use for it other than assessments? k
PRESIDING OFFICER: (SENATOR LECHOWICZ) i senator cullerton. 1 SENATORCULLERTON: 1 ; Well , I don 1t know of any bill right now that it cauld be used I I for. But if it's not used for an assessment and it's on the I Calendar, and if somebody wants to use it for some purpose, I'd l certainly check with Senator DeAngelis, Who is my co-sponsor, and wouldn't--Wouldn'tapproveitunlessheapprovedit. 1 PRESIDINGOFFICER: (SENATORLECHOWICZ) i I Any further discussion? Senator Cullerton, to close. SENATORCULLERTON: 1 Just ask -- be happy to ask for an Aye vote. 1 PRESIDINGOFFICER: (SENATORLECHOWICZ) 1 1 Questionis,shallHouseBill3394pass. A11in favorr vote 1 Aye. All opposed, vote Nay . The voting is open. Have a1l voted Who wish? Have a11 voted who Wish? Pleasg take the record. On this question, there are 51 Ayes, 2 Nays, 3 recorded as Present. And House Bill 3394, having received the constitutional majority, is hereby declared passed. We have -- WAND requests permission to I shoo: video shots of the Chamber - hearin: no objections, j permission is granted. i With that: We have some special guests $ that have joined us here this afternoon. I'd like to recognize : 64 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24: 1992 i Senator Penny Severns and -- to have her introduce the special group that has joined us. Thank you. SENATOR SEVERNS: ' Thank you, Mr. President: Members of the Senate. I know on this busy day we won't take very long, but it's my honor to Welcome to the Senate today the Decatur MacArthur High School Track Team, and to congratulate them on winning the Class AA State L Track Title. This is the first Downstate team that has won such a I i title, and in fact, one of the individuals that helped lead the i i way, Marcus Phillips, is gone today because he's out looking at I various different universities before he makes the deeision of ; Which university he 's going to choose. I would like to ask Coach Harbeck to come forward to introduce the team members who have i joined us in the Senate today. I I COACH HAQBECK: I i (Remarks by Coach Harbeck) l SENATOR SEVERNS: ! Coach, and team, We don't always vote things unanimously out of this Senate: but I would hope that the -- Secretary Harry would read the resolution that we would lkke to present you today. ACTING SECRETARY: (MR. HAKRX) Senate Resolution 1352 offered by Senator Severns. (Secretary reads SR No. 1352) SENATOR SEVERNS: Thank you very much, Coach and team, for joining usg and I Would like the Senate to join me in welcoming *he track team -- to join us today. COACH WAPBECK: i (Remarks by coachHarbeck) 1 i PRESIDING OFFICER: (SENATOR LECHOWICZ) Ladies and Gentlemenz Would you please turn to page l4, middle 1 ! of the page, appears House Bill 3395. Senator Hall. Read the I E 65 STATE OF ILLINOIS 87th GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 bill, Mr. Secretary. 3395. Out of the reccrd. Are you ready, Kenny? 3410. Senator Philip. Senator Philipz 3410? Read the I bill, Mr. Secretary.
ACTING SECRETARY: (MR. HAPRY) House Bill 3410. (Secretary reads kitle of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Dupage, Senator Philip.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'm sorry. I was distracted by -- by some of the people in the back row. Anywayr House Bill 3410, as amended, would amend the Illinois Consumer Fraud Act and include automobile dealers. What it's designed to do is encourage reasonable settlements. It allows a dealer defending a suit to make a reasonable offer of settlement any time Within thirty days before the trial. Senator Hawkinson's amendment, I believe, has satisfied the Trial Lawyers. The automobile dealers have agreed to it. 1.11 be happy to ask <sic> any questions, and I ask your favorable consideration.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 3410 pass. A1l in favor, vote Aye. All opposedz vote Nay. The voting is open. Have a1l voted Who wish? Have al1 voted Who Wish? Please take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present. And House Bil1 3410, having received the constitutional majorityy is hereby deelared passed. House B:1l 3418. Senator Etheredge. Read the bill, Mr. Seeretary.
ACTING SECRETARX: (MR. HARRX) House Bill 3418. tsecretary reads title of bill) 3rd Reading of the bill. 66 STATE OF ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 124th Legislative Day June 24, 1992 l PRESIDING OFFICER) (SENATOR LECHOWICZ) I senator Etheredge. I I ssxaToR ETHEREDGE: 1 i Thank you, Mr. President, Ladies and Centlemen of the Senate. As amended, House Bill 3418 does three things, each of them, I believe, noncontroversial. The original bill was introduced at l the -- at the request of -- of the County Treasurers. What it Would do would be -- in those instances where the amount of taxes to be distributed is less than five dollars in a month's time, it could carry -- it would make it possible for the treasurer to carry that over to the next month before making payment. The ! second part of the bill comes from the Department of Revenue and has to do with the Way in which they determine the sales ratios. Specifically, in this instance, what it does would be to enable the Department to -- not to count special rates of interest. The last part has to do with the -- with delinquent taxes. In those instances where they do not exceed more than a hundred and fifty dollars, then that -- those taxes can be carried over to the next l spring with the addition of any penalties and interest that might ' be involved. I would be happy to respond to any questions. If there are none, then I Would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall House Bill 3418 pass. A1l I in favor, vote Aye. A1l opposedz vote Nay. The voting is open. Have a11 voted who wish? Have all voted who Wish? Please take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present. And House Bill 3418. havin: received the conskikueional majoriey, is hereby declared passed. House Bill 3437. Senator DeAngelis. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. NAQRY) House Bill 3437. (Seeretary reads title of bill) 67 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) l The Gentleman from Macoupin, Senator Demuzio, what purpose I seek recognition? i l SENATOR DeANGELIS: I ! Thank you , Mr. President. House Bill 3437 reduces the level i ! ' ofStatedeposits'collateralfromlendinginstitutions... ( I PRESIDING OFFICER: (SENATOR LECHOWICZ) I Excuse me, Aldo. Would you please give the Gentleman your attentione I please? Please proceed. I i SEXATOR DeAxcELzs: ! l House Bill 3437 permits a bank which receives State deposits 1 i . I to provide deposit collateral from banks that have assets of ten i ! I million dollars or more. Currently the level is thirty million. As amended, it adds a provision in here which prohibits the State Treasurer from degositing any amount above a million dollars in a farm credit system bank. And 1et me point out to you where that came from. On April 4th, the Illinois Community Bankers Wrote a letter to the State Treasurer asking several questions. The I questions were regarding lendlngpoliciesofthesemonieswhich were derived from bonds purchased by the State Treasurer; 1 i secondly, j ! the rate structure; and three, the capital structure of j these farm credit system banks. To this date, they have never i recekved a reply . The twelve farm credit banks have required over four billion dollars in bailout funds. Of the twelve, four risk insolvency - in fact, they 're included in the -- President Bush's budget. And frankly, I do not see any purpose served by this function: because We have already, in the rural banks in Illinois, adequate capital to make those loans, because those are the very same banks that have to make those loans and guarantee those loans. And I don't believe that it is the public policy - or oughttobethepublicpolicyoftheStateofIllinois-togoand ( 68 STATE OF ILLINOIS 87th GENXéAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 purchase from out of State, bonds to be used for predatory pricin: practices against Illinois banks Which already already are in need of that business. Be happy to answer any questions.
PRESIDING OFFICER: (SCNATOR LECHOWICZ) Any discussion? Senator Demuzio.
Well, I rise in strong opposition to this bill, and let me point out some inconsistencies, I might add, in the previous speaker's comments. First of allz this bill is going to restrict the State Treasurer's ability to invest in bonds that were issued by the farm credit system, and I will tell you, if youlre in Downstate, I assume that you have been receiving a number of telephone calls from your farmers who are currently involved in the loan program With the State Treasurer. I think there are over a thousand of such individuals that are currently involved in this process. And quite frankly, what would we do to these individuals if this program is curtailed? Let me also indicate -- Senator DeAngelis indicates that somehow or other we are taking our State money out of Illinois and we are depositing that or we are doing business in another State. Well, thatls where the farm credit regional offices are. We 're not depositing any money out of State . We are simply buying their bonds, and therefore that money flows back into the counties in which the loans are, indeed, made. Why do We want to do away with the loans to these farmers Who can't :et loans otherwise through rural communities, rural banks: Who Won't make the loans, when these farmers are increasingly facing the elements of their livelihood? And that is# if it doesn't rain and we have a drought - we have all kinds of things that go into a farmer's difficulty. Why would We want to somehow or other take away the ability of that individual to get'a better rate, to get a better deal, and do it through the link deposit program of the State Treasurer? I mean, why would we Want to -- to limit those? 69 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULXR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 It seems to me that this program is working. I know that this is a quarrel between the Treasurer's Office and the banks. It ought not to be so. But it -- in fact, it is. It is here before us, and I Would rise in strong opposition. I understand the Illinois Farm Bureau is now in opposition to this particular piece of legislation, and I would ask al1 of those individuals who believe that farmers ought to get a break - do not support this legislation.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Any further discussion? Gentleman from Champaign, Senator Weaver.
Well, thank you, Mr. President. Speaking to the bill: I think that the State of Illinoks has an overconcentration knvested kn this program . In talking with people from my area and throughout the State, I think the need probably is somewhere in the vicinity of twenty million dollars. Wefve had as much as a hundred million dollars invested. So in essence, I think we're subsidizing farmers in Minnesota, Iowa, Missouri, other states. I Would -- I would hope that we would pass thls bill, get it in a conference committee, and find out really what our needs are in the rural community throughout Illinois, and set some limits that more accurately reflect what the needs of Illinois farmers are. As I say, we've tried to get information. They haven't been very cooperative. So I would suggest that we pass this bill, get it in a conference committee, and up the limiks to more clearly reflec: that which our Illinois farmers neede and invest that type of money in -- in this institution. There are there are many banks throughout the State that are supplying the needs of their local community. I don't think we Want to put them out of business. But there's a realistic level that we should probably support. So I would suggest that we have too heavy a 70 STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SE/SION I SENATE TRANSCRIPT 124th Legislative Day June 24# 1992 concentration of Illinois dollars in this fund, and it should go to conference and work out the -- a limit which is reasonable for the people - for the farmin: community - of the State of Illînois.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? The Gentleman from Rock Island, Senator Jacobs.
Thank you, Mr. President: Ladies and Gentlemen of the Senate. I -- I think the previous speaker really said it a11 pretty well, and I think that possibility still exists. It's like anything around here. Until June 30th comes aroundy there's always room i for compromise. As an example, I Was -- I was a little bit surprised, because I had not heard anything to this point either E I from my farmers and/or from the Farm Bureau. And whenever Senator Demuzio now says the Farm Bureau opposes it, I was a little bit ! surprised with that. You know, but -- but again, I think we 're talking about even playing fields. We 've talked about that so many times. With the -- the federal farm credit system , there 's talk they can give lower interest rates to the farmers. Well, if we -- if we allow that theory to operate always, then we should not subsidize them. But this is a subsidized organization. We subsidize them federally. They don't pay any taxes: and we have local banks that do both of those. And I think we should do the business with those local banks. Let me just elose With one thing, 'cause this is in the Treasurer's own handout, which I think is something that -- that makes a little biE of sense. The loans to farmers and the guidelines under Which the two competitive entities - banks and farm credit system - operates are identical. There are no competitive advantage to either side. Well, if there's no -- no competitive advantage to either side, then let's qive it to the banks that pay taxes. And that's exactly the way the system breaks downz as I see it. I stand in l 71 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24e 1992 strong support of this legislation, and just to make a commitment 1 that as a co-sponsor of the amendment, I'd certainly be willing to i look at any compromise at any time, and I'm sure that the sponsor would too . Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from McLean, Senator Maitland. I
Thank you very much, Mr. Prestdent, Members of the Senate. I don 't know - I guess we need to have, first of all, a mini-educatkon program on what realty the farm credit system is. Farm credit system is owned by the farmers of this nation. They buy stock in the company, and tbat's What sustains the operation. There were some problems back in the mid-eighties, early eighties, as there have been with the S&Ls and others, and there was a federal bailout. But the faet of the matter is, the farm credit system is providing funds for farmers - not farmers who are goinq down the tube - but farmers who have the ability -- the ability to cash flow their operation. And thts system ks more heavily used in the areas of this Statez and other states, Where banks simply can no longer loan the money needed to sustain the cash flow operation of a farm for a given year. This company is owned by farmers. This system has just as much right to this money as the banks do. And 1, for the life of me, cannot understand why the Independent Community Bankers have taken this stand. They are tied to the same quideline by a law that we passed in this Body. They can ebarge no more tban three percent above the amount of interest that that money is bearing. Right now that's an interest rate of around seven-one/seven-two percent, I understand. And it's also my understanding - and I have this from a pretty reliable source - that when a bankz or a production credit, loans this money to a farmer, it is just a portion of whatever their operation borrowing is for that year. Much of the money - if not 72 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 i most of the money that they get - is on the higher conventional . loan rate. I think there 's too much misunderstanding on this issue today - some terrible statements made with respect to the issue yesterday when the amendment was put on: about this going to i faîling farmers. It is not going to failing farmers. As a matter of fact, one of the guidelines established by Congress after the problems in the early eighties, forced the farm credit system to i i be even more critically cautious about their loans. And in some i cases, it 's more difficult to get a loan from production credit than it is from the bank in that community. I think this is the Wronq approach, i andwe oughttodefeatthebill. 1 PRESIDING OFPICER: (SENATOR LECHOWICZ) ; Any further discussion? Senator DeAngelisz ko close. SENATOR DeANGELIS: Thank you. It's not too often that I disagree with my good colleague, Senator Maitland. But I think if you listened to the comments that Senator Jacobs made regardlng how these loans are done, you would have to say, ''Why do they exist anyhow? Why does this system?'' They make qood loans. Yes, I agree, Senator Maitland. I do. Nobody said they were bad farm loans. What's I bad is the farm credit bank system , which four are insolvency <sic> right now and have already had a four-billion-dollar bailout. Now, if they, in fact, do identically the same thing as banks doz why do we need them? Why do We buy the seventy billion dollars -- seventy million dollars' worth of bonds from an out-of-state bank to be put into the Illinois systemz Senator Demuzio, if that money goes there, you don't get those bonds for nothing. That money does go from Illinois to that to purchase the bonds. Now let me point out some other things. You know, the i thing that's most annoying is the Treasurer was asked, through his person who is in charge of the time deposit and collateralz to 1 respond to this. And you're right, Senator Maitland, these banks 73 ! STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 I were directed togetup theircapital. Butyouknowwhat? They j haven't done it. They were asked to reaeh seven-percent capital. The average Downstate community bank has had ten percent - far more sounder than what these banks are going to be when they fre directed to do -- when they do what they Were directed to do. You know, the farm credit bank - and I'm not an expert on it - Was created back when banks were prohibited from making these kinds of loans - back during the Depression. Banks can make these loans. Why are wev in fact, allowing a system to come in to take business away from those people, as Senator Jacobs said, pay taxes, that would like to play on a level playinq field? And let me point out to you, Senator Demuzioz those thousand loans that you 're talking about - every one of those eould have been done at a bank. Don't talk about a thousand people not getting their loans, because they would have got their loans. And you know, in the end, I think there's one element of public policy we have to examine in this Bodye particularly - particularly -- and I would like some people in here Who have had programs that are cut, to listen to this. We arer in fact, allowin: the State Treasurer to depart on a program of goodwill for himself at the expense of our deposits - money that Would come to us at higher rates of interesk: monies that would fund those programs that weîre cutting today. And I would believe that doin: social good is fine when there are no other alternatives. But government ought to be the last resort, not the first resort. I urge the passage of House Bill 3437.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 3437 pass. Al1 in favory vote Aye. A11 opposed, vote Nay. The voting is open. Have al1 voted Who wish? Have all voted Who wish? Please take the record. On this question, there are 25 Ayes, 28 Nays, 2 recorded as Present. And House Bill 3437, having failed to receive the constitutionalmajority,ishereby declared lost. House Bill j I 74 STATE 0F ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 3439. Senator Weaver. Out of the record. House Bill 3445. Senator Berman. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. NAQRY) House Bill 3445. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Berman.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3445 is -- is a comprehensive amendment to the Domestic Violence Act. It is similar I'm sorry, it is exactly the same as Senate Bill 400: sponsored by Senator Rock and previously passed by this Body. And 1111 be glad to respond to any questions.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? Question is, shall House Bill 3445 pass. A1l in favor, vote Aye. A1l opposed, vote Nay . The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Please take the record. On this questionr there are 57 Ayes, no Nays, none recorded as Present. And House Bill 3445, having received the constitutional majority, is hereby declared passed. House Bill 3456. Senator Rock. Out of the record. Please turn to page 15. House Bill 3464. Senator Jones. Out of the record. House Bill 3479. Senator Carroll. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. HAQRY) House Bill 3479. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Carroll.
Thank youe Mr. president, Ladies and Gentlemen of the Senate. 75 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Leqislative Day June 24, 1992 Mr. Clerk, we hope it would convey governmental efficiency: and 1 that's the intent of the bill. And that is to create some reporting mechanisms with Central Management Services on how to have a more efficient government. By way of Amendment No. 1, we have eliminated their problems With it by giving a little longer phase-in period for the efficiency reports. And by way of Amendment No. 2, we have included: amongst the list of those public radio and television stations eligible for Comptroller grants, any of those programs Who are authorized under the authority of the FCC. I would answer questions, and ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Lady from Dupage, Senator Fawell.
Thank you very much . Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will. SENATOR FAWELL: ' Senator Carroll, I have a copy of the bill in front of me, and on Section l5. Report, on page 10 it says, ''Each agency or governmental body to which State funds are furnished, in conjunction with the Department of Central Manaqement Services, shall prepare a report regarding the appropriate span of control for its supervisors...n and so on and so forth. The question that I've got, of course, obviouslyy is when we talk about governmental bodies Which State funds are furnished to, we are ealking about probably almost every taxing dkstrict in the State of Illinois. We are not limited to the State Government. Welre talking about school boards; welre talkin: about municipalities. Would you respond, please?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll. I 76 STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT E 124th Legislative Day June 24, 1992 l
Thank you, Mr. President. In response: if youAll look at k ; Section 5 on legislative findings, it is the intent to restore confidence of the citizens in their investment in State Government. So I believe, by Way of legislative intent - and if it's unclear, lek's put it into the record - that the intent is to deal With State agencies only.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Adams, Senator Donahue. I1m sorry. I thought you Were through. Senator Pawell.
Senator Carroll, is this by any chance going into a conference commiktee, so we could make sure that the language is -- is cleaned up and -- and, you know, make -- make it a little bit clearer what your intent is?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll. Senator Carroll, please.
Yes.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Pawell. Al1 right. Gentleman from Champaign, Senator Weaver.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OPPICER: (SENATOR LECHOWICZ) Indicates hedll yield.
Senator Carroll, under your amendment, you're authorizvng a program for test authority. I'm just wondering how many -- how many requests have there been for -- for this, and how many are expected to be licensed by the FCC?
PRESIDING OFFICER: (SENATOR LECHOWICZ) 77 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 1 Senator Carroll.
We know that currently there are twenty-one public radio and television stations that have been licensed in that category in Illinois. I -- We do not know the number that this would expand it to, but it would make it open to those other radio and television stations that do, in effect, public broadcasting. It's my understanding that the existing twenty-one truly had no problem with this amendment, even though it means that they will get a little bit less. They seemed to know the number better than we did.
PRESIDING OEFICER: (SENATOR LECHOWICZ) Senator Weaver. Weaver, please.
Well, I guess my only concern was if these test stations are not finally licensed by the FCC, What happens to that grant money?
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Carroll.
They would become ineligible if they are not ultimately lkcensed. I don't think we would get the money back during the I test period, however.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Weaver.
Well, I think al1 of those of us who have public television in our area are concerned about the dilution of that fund that's been not growing at all. The public appeal for more publie help for public radio is becoming more prevalent every year, it seemsz and diluting that fund on test stations who may never be granted an FCC lieense, I think is wrong. But I don't -- as I say, I donlt know how many of these test stations there are and how many might I 78 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 1 be licensed . PRESIDING OFFICER: (SENATOR LECHOWICZ) I i Senator Carroll. SENATOR CARROLL: Again, I don't know the answer, and I know that the test authority thoughy comes from the FCC. And in my district, by the way, resides the largest of the public television organizations in this State - WTTW . And in speaking with them as well, they seem to have a feel for it and did not -- while it would diminish slightly how much they would get, it Was not a big deal to them. PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Sangamon, Senator Davidson. SENATOR DAVIDSON: Question of the sponsor. PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he'll yield. SENATOR DAVIDSON: Well, in Senator Hall's lanquage, Senator Carroll, who wants this amendment? What station or test station are we trying to help? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll. SENATOR CARROLL: Well, the whole bill is wanted by the people of the State of Illinois, and I think even that amendment is wanted by many people throughout the State of Illinois who like aceess ko publkc radio and television. But as you know, the amendmen: was adopted yesterday by Senator Holmberg. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson. SENATOR DAVIDSON: Well, that may be well and good, but those of you who are on 79 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 the Rules Commiktee -- this amendment Was identical -- is Senate Bill 1836, whichz in the wisdom of the Leaders: was held in Rules. Secondly, a1l those of you who represent districts that have public radio or television in them : this is a reduction under grants that the stations in your area are going to receive. And as Senator Carroll <sic> (Weaver) asked, if this test station doesn't get licensed, what happens to the money? And he said, youdre not qoin: to get back. They just wouldn't be able to..otinaudiblel... And I think this a very poor idea, and I'd urge a1l those of you who have public radio/television in your districts to vote No# unless this amendment comes off.
PRESIDING OEFICER: (SENATOR LECHOWICZ) The Lady from Winnebago, Senator Holmberg.
Thank you very much. If I could add a little bit to the discussion. This amendment was put on on behalf of WNIU in -- in DeKalb, also operating ou* of Rockford. Their new radio station has had a delay on the part of the Federal Government, and just as many, many federal programs doz they haven't finished the testing procedure and they had planned that it Would be over by now and that they would be eligible, as are all of your stations, for the grants by now. Probably extends -- adds the station for one year, enables them to stay on the air. And this amendment is supported by the Illinois Public Broadcasting Council, made up of all of your public broadcasting stations. They felt it was a very good amendment. And as I say, although they might have gotEen a minor amoun: less for this one year, they realize that it's the appropriate thing to do. So we have their strong support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further dtscussion? Gentleman from Cook, Senator Butler.
Thank you. A question for the sponsor. 80 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24# 1992
PRESIDING OFFICER: (SENATOR LECHOWICZ) He indicates hedll yield.
Does this affect constitutional -- I mean, to the main body of it - does this affect constitutional officers? Are they exempted?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll.
I do not believe they are exempted. Basically, it says any State agency that receives those funds, and believe that definition would include the other constitutionals as well. don't think it's limited to the Office of the Governor.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Butler.
To the bill: It seems to me what wedre creating here is some sort of a super super business consultant, so to speak; because, as read the bill, every supervisor in every department of every agency - no matter where it is in the State of Illinois has to submit a report which details, among other things, such a great amount of intelligence -- complexity of the work of subordinates of the supervisor, court orders and accreditation requirements, statutory requirements, et cetera. What we 're doing here is -- wish somebody could explain what wefre doing. Welre trying to create somebody that's that will tell every supervisor in the State exactly hoW to run his department. And I don't think there's that much -- and it reports to -- this to the CMS. And somewhere, guess, buried in the CMS, is this super-intelligent person or group of persons who will reach down in the thousands of departments and tell them how to work. It doesn 't make sense to me. And I don't think this bill should be supported. 81 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Edgar: Senator Woodyard.
Thank you, Mr. President. Question of the sponsor, please.
PRESIDING OPPICER: (GENATOR LECHOWICZ) Indicates he'll yield.
Senator Carroll, would this also apply to units of local government that would receive money? Is there a place where they are exempted from having to make these reports if they receive any kind of State money?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll.
Senator Woodyard, I think that question was asked and answered already, and that is that if you look at the intent Section, it talks about State Government. And -- and because this ks going to Conference, I will make that crystal clear; that does not affect the units of local government. All we ire trying to do is get some efficiency in state Government. We dll let the locals Worry about thekr oWn efficiency.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Carroll will close.
I would ask for a favorable roll call. 1 think we do want efficiency in State Government. As to the issue of -- the Central Manaqement Services now supports it as long as they have time, which we gave them in Amendment No. 1, to actually do these reports. As to the public radio and television issue, as Senator Holmberg pointed out, this has the support of a1l those who now receive the grants. And if it is an issue, I believe We can say after the one year, if they fail to get licensed, then we can ask 82 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 - - then we can put in the law that there shall be a refund of those funds. And I would ask for a favorable roll call. PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall House Bill 3479 pass. All in favor, vote Aye. Al1 opposed, vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Please take the record. On this question, there are 32 Ayesz 25 Nays, none recorded as Present. And House Bill 3479: having received the constitutional majority, is hereby deelared passed. House Bill 3483. Senator Severns. Read the bill, Madam Secretary. SECRETARY HAWKER: House Bill 3483. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor Severns. SENATOR SEVERNS: Thank you, Mr. President, Members of the Senate. This bill is intended to go to conference. It's the bill which has the beginning negotiations to provide for a joint child support collection program. Because there are details that still need to be Worked out, the intent is that it go to conference and that we can concur on an amendment in conference. would entertain any questions, and ask for a favorable vote. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is# shall House Bill 3483 pass. A1l in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Please take the record. On this question, there are 58 Ayes, no Nays, none recorded as Present. And House Bill 3483, having received the constitutional majority, is hereby declared passed. House Bill 3493. Senator Marovitz. Read the bill, Madam Secretary. 83 I STATE 0P ILLINOIS 87th GENERAL ASSEMBLY 1 . REGULAR SESSION SENATE TRANSCRIPT i 124th Legislative Day June 24, 1992 I SECRETARY HAWKER: ! House Bill 3493. (Secretary reads title of bill) 3rd Reading of the bill. i ' PRESIDING OFFICER: (SENATOR LECHOWICZ) j Senator Marovitz. ! SENATOR XAROVITZ: 1 Thank you very much, Mr. President and Members of the Senate. House Bill 3493 creates a simplified dissolution procedure under eertain very limited circumstances. It's supported by the Chicago Bar Association Natural Law Committee. And the circumstances ! where you can use this procedure are limited, and here -- here is what they are: neither party seeks support or maintenance from the other; irreconcilable differences exist; these are -- you have to have a1l of these - the parties have been separated for six months or more; no children are bornp none have been adopted, and the wife is not pregnant; the marriage duration does not exceed five years; neither party has any interest in real estate; the value of the marital property is less than five thousand dollars; and the party 's gross annual income combined is less than twenty-five thousand dollars; and the parties have executed a kritten agreement providing for the disposition of a11 assets valued in excess of a hundred dollars and for the allocation of all debts and liabilities. Senator Hawkinson requested that this bill is -- only applies to Cook County, and other counties may opt in by order of their chief judge. Also provides for a verified petition. And I know of no opposition. I would solicit your Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Davidson.
Question of the sponsor. 84 I STATE OF ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 124th Legislative Day June 24, 1992 PRESIDING OFFICER: (SENATOR LECHOWICZ) . Indicates he 'll yield. SENATOR DAVIDSON : I didn't have a question till end of the debate, you just said other counties may opt in at -- by the order of their chief judge. You mean the counties don't make this decision; the judge of the circuit can just say, 'We're going to do thisf '? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz. SENATOR MAROVITZ: That's correct. I mean, the county -- this is -- a county does not have to do this. But if the county chooses to opt in. NoW if you would like, Senator Davidsony if you'd like some other means for the county to opt iny I have no problem, whether itls the county board or whomever one suggests. I have no problem with that, and I will be glad to put that in the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson. SENATOR DAVIDSON: I -- 1, for one, would appreciate you amending the bill that -- so those counties can't be put into it by the order of the chief judge. Because as you knowe the chief judge may or may not reside in -- in -- like Sangamon County is part of eight- or nine-county circuit. Chief judge may order them in when the counties - Sangamon or any of the other counties - don't want to do that. And I would appreciate very much to make sure it 's locked in, applies to Cook County only, and some chief judge in some circuit of several counties could order these counties, and they have no say over it. PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from St. Clair, Senator Hall. SENATOR HALL: 85 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Thank you. I concur with Senator Davidson here. I mean, why should we leave this to a ehief judge? That's a problem with me, and I think we ought to think about that, because your chief judge -- We got Downstate, like he's saying, these cross county lines. So it would be a problemz I think. You ought to be able to work that out somewhere, Senator Marovitz.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Welch.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he 'll yield. Billy.
Senator, the analysis says that forms are to be provided by the circuit elerk. Are those to be provided for every county? Even if the county doesn't opt inz are these qoing to be generalized forms throughout the State?
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Marovitz.
That only applies to the counkies that choose themselves to opt in.
PRESTDING OFPICER: (SENATOR LECHOWTCZ) Senator Marovitz, to close.
The -- the request for -- for opt-in language Was made in the Judiciary Committee. I will commit to Senator Davidson that we Will make it so that it's not just a chief judgez but any language that you want, so that -- I'm not telling a county how to opt in. I want to provide them the opportunity, not mandate on them, other than Cook County. I Will change the language so that the opt-in language is -- is acceptable. 86 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall House Bill 3493 pass. A11 in favor, vote Aye. Al1 opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Please take the record. On this question, there are 53 Ayes, 2 Nays, none recorded as Present. And House Bill 3493, having received the constitutional majority, is hereby declared passed. House Bill 3495. Senator Jacobs. Read the bill, Madam Secretary.
House Bill 3495. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jacobs.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3495 started out exempting school districts and units of local governments in counties between a hundred and eighty thousand and three hundred thousand from court filing fees, and that puts them on a par with all other counties. And then an amendment by Senator Madigan clarified that certain fines, fees, costs, penalties, et cetera, collected by the circuit clerk, are to be included with those that are currently disbursed by the clerk, Within sixty days after receipt. And then Senator Hawkinson and Maitland had an amendment that asked that the filing of the report of fees for the State's attorney may be waived by written administrative order of the chief judge of the circuit, upon written request and affidavit of the State's attorney of the county within the circuit, that a11 fines, fees, forfeitures and restitution are collected by the clerk of the circuit court, and that no funds pass through the office of secretary of -- State's attorneys, excuse me. I know of no known opposition, and ask for 87 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 your support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall House Bill 3495 pass. A11 in favor, vote Aye. A1l opposed, vote Nay . The voting is open. Have al1 voted who wish? Have a1l voted who Wish? Please take the record. On this question, there are 58 Ayes, no Nays, none recorded as Present. And House Bill 3495, having received the constitutional majority, is hereby declared passed. House Bil1 3513. Senator Savickas. Read the bill, Madam Secretary .
House Bill 3513. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICERI (SENATOR LECHOWICI) Senator Savickas.
Yes. Mr. President and Members of the Senate, House Bill 3513 is permissive, and it would allow school districts to provide - either as a part of an existing curricula or as part of an after-school program - support servkces and instruction for puplls Who are chemically dependent or whose parents or guardians are chemically dependent. That is the thrust of the bill. It's permksskve, and 1 Would seek your support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall House Bill 3513 pass. All in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a1l voted who Wish? Please take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present. And House Bill 3513, having received the constitutional majority, is hereby declared passed. House Bill 3563. Senator Berman. Read the bill, Madam Secretary.
STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 124th Legislative Day June 24, 1992 House Bill 3563. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) I , Senator Berman.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is what has been yeferred to as the motor-voter ! bil I l. This bill, as amended -- we have taken out the other ! i agencies that were originally in the bill as passed by the House. ' It only applies to the Secretary of State's facilities. And what it provides for is for the Secretary of State's personnel to have available to them the appropriate registration forms, so that when somebody steps up to the window for a driver's license or -- or vehicle registration, they can be asked Whether they are registered, wish to be reqistered, and can be registered, either in the election authority that -- where that site is located, or adjacent to it. 1'11 be glad to respond to any questions, and I solicit your Aye vote.
PRESIDING OPPICER: (SENATOR LECHOWICZ) The Lady from Lake, Senator Geo-Karis.
Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.
Then my understanding from your bill is that whoever is getting their driver's license, for example, can qo and ask to be registered as a voter. Is that correct?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.
89 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Yes. ! SENATOR GEO-KARISI Well, Mr. President and Ladies and Gentlemen of the Senate, I i I I have gone to the driver's license bureaus to -- When I ve had to renew my license, and I ean tell you that they're -- pretty darn busy. And if they're going to have to take the time out to register voters in that bureau -- in that office, it's going to I need more personnel and more tax money. And there's no guarantee khat whoever applies can be carefully screened - like those of us who are registrars do - to find out just exactly whether or not they're qualified to register. I don't think -- I think the 1 ! intention is qood, Senator. I applaud you for it, but I know what ' happens in the driver's license stations, because I've been there, and theylre never that freed where they have the time to take in registration of voters. And what I'm sayingy it's going to eost j more money to -- to add to the appropriation of the Secretary of i I State's Office, because I don't think you can do it with the present personnel. PRESIDING OPFICER: (SENATOR LECHOWICZ) ; Wells half the board is 1it upe so -- the Chair will recognize ' Senator Palmer. SENATOR PALMER: ! ! ooo tmachine cutofflw..and Members of the Senate. I rise in strong support of this bill. I have been director of a national voter registration drive some years ago, and this is one more instance of allowing people to register to vote in those places ' where they are most likely to have the time. With all due respect j ! to the time factor spoken of by Senator Geo-Karis, I have seen this work in grocery stores. I have seen it work in every other place where human beings are very busy - public aid offices. If I our intention is - and certainly it should be, in a democracy - ! i that we provide every means for citizens to exercise one of the 90 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24z 1992 most fundamental and important pieces of democracy - to vote - then this is certainly a bill that we a11 ought to get behind. Thank you.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Whiteside: Senator Schuneman. Schuneman.
Thank you, Mr. President, Members of the Senate. Well, think the Lady who just spoke indicated the position of al1 of us that people should be afforded the means to exercise their right to vote, and I certainly would not quarrel with that. But I rise in opposition to this bill, because people are given every means of registering now. I think what we're going to begin doing now is perhaps takinq on the -- the nagging parent syndrome; that we 're going to begin asking people in government facilities, ''Won't you please vote? Don't you really want to register to vote?'' And I'm not sure that wepre doing government or the future of oùr country a çreat servlce if we're -- lf we're going to begin badgering people to vote, when the fact of the matter is, they probably don'k have a lot of interest in participating in this system . But beyond that, this may be the wrong year to start this process, because we 're going to saddle the Secretary of State 's Office with additional clerical Work. Now, no matter hoW you want to slice it, if theylre going to be soliciting voter registration, rather than offering it, that means that everybody - according to the amendment - everybody khat shows up at that facility to renew or order a license -- a driver's licensee is going to have to be asked the question: 'tDo you want to register to vote?'' And certainly some of them will avail themselves of that - a greater number than are now . And the other problem I see with is that Seeretary of State is going to have to do addltional training of his employees, because many of these offices serve voters who live in multi-county areas. There are a number of different 91 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 registration systems that are set up by the different counties around this State. It isn't a11 like it is done in Chicago. And so that requires training of registration officials. And I just think this is the wrong year to start this process.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Demuzio.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I -- I really find it ironic here that we are arguing aqainst a bill that provides more access for people to register in -- and be eligible to vote in elections. We have the lowest number of voter registrations today in Illinois than We have in history. If we are concerned about preserving the democracy, as Senator Palmer indicates, it seems to me that we ought to make this service available to al1 public facilities in Illinois, and require that they -- they, in fact, do solicit, and they do register people to vote in this State. I don't know why we are making the argument that we ought not to be doing this. Are we tryin: to somehow or other deter people from voting? I think this is a good bill. It's long overdue. It's not -- this, frankly, doesn 't go far enough, but I think it's a start in the right direction. END OF TAPE TAPE 3
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Keats.
92 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124*h Legislative Day June 24w 1992 I rise in strong support of this bill. Let's -- let's back off a minute. Art -- Art, in that casek I rise in opposition.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Wauld you make up ycur mindz please?
: In 1990 this bill passed the Senate - maybe with a comma different - 56 to nothing. 56 to nothinge two years ago. Speaker Madigan held it up in the Rules Committee with his usual fair and open treatment of legislation. Excuse me; I should apologize for ! saying that. There's always an excuse not to move. We've spent a fortune sending these registrars door to door. We used to have 1 in-precinct registrations. And Senator Lechowicz, as well as any I of us, knows what that eost us in Cook County for the little number. If there's one place where people go, it's here, and the 1 I Secretary of State 's function is a service agency . Unlike a Governor or Attorney General or Comptroller or Treasurer# kho have very clear functions and things they do, the Secretary of State is the office of ''Mr. Catch-All/Mr. Service.'' They do a myriad of little things, and it's al1 strictly service stuffr with no philosophy whatsoever. This is a classic place that it ought to be at it. I got a letter from the Secretary of State of the State of Washington - by the way, a Republican - who said, 'Great idea. ! It 's worked real well in Washington . We 've dramatically increased registration. Everybody loves the system. Cost me zilch.u There's always excuses not to do somethingz but let's move on. Lek's just make it easier to register. Let's quit playing these games. The thing passed 56 to nothing, and it's eost zilch in the State of Washington to do. Again, I commend the sponsors, particularly Senator Berman, in his reasonableness in working on 1 the amendments to get the bill in its present form . And I would ! hope we could all support it. PRESIDING OFFICER: (SENATOR LECHOWICZ) I 93 STATE OF ILLTNOIS 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24# 1992 Senator Keats: with your strong support, we got ten more lights on. Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President. Would the sponsor yield for a question? PRESIDING OPFICER: (GENATOR LECHOWICZ) Indicates he will. SENATOR JACOBS: Senator: where does the Secretary of State stand on this bill? PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman. SENATOR BERMAN: I have not talked to him personally. I am 1ed to believe - and I stand to be corrected - that he is not supporting it at the moment, but I hope I'm wrong. PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Jacobs. SENATOR JACOBS: Thank you, Senator. That was my assumption, and I find that -- Demuzio -- Mr. -- Senator Demuzio found it ironic; I flnd that comical. As a political animal - Which not only am 1, but I know that the Secretary of State is - this is the greatest political tool I've seen come down the pike for the Secretary of State in my life. He's goin: to know every new register before any of us know who he is. But the other argument that I would make in favor of the bill is that not only is it the accessibility, but I'm hearing all of these issues up to bat now thatz in fact, say thae we may overwork someone. Is that what I'm hearing? And We may be putting some extra work on people Who are already overworked? If that's the ease, you knowz I don't know why we cut the budgets in the first place, and maybe we should be adding some people to take care of this. I stand in strong support of the legislation. 94 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24: 1992
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Davidson.
Well, Mr. President and Members of the Senate, I think you fre all forgetting one bi: -- already item that's in place. If those people who worry about democracy, if the individual has an interest to register to be able to vote, a11 they got to do is Walk into any driverls license facility today: and they can register to vote. The sign invites you. Why should we -- if this would pass and become 1aW - why should we mandate an employee to ask everyone to register? If you don't have enough initiative, enough self-starting to go register yourself when itîs right there availabley then youfre not a very good citizen. NoW don't tell me that each employee has to ask someone to register when they can do it if they want. It's available. This is a 1ot of malarkey. More important, Senator Berman, hoW do you get around the present law that says if youdre a deputy registrar, you must be a registered voter within the jurisdiction of which the person is asking to be registered? That's what the present laW is now, is it not?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.
This bill exempts them, and allows them to register them.
PRESIDING OFFICER: (SENATOR DEMUZIO) FurEher discussion? Senator CullerEon. Pick up Ehe pace.
Will the sponsor... 1111 go quick. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DEMDZIO) Cullerton.
Will the sponsor yield? 95 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Leqislative Day June 24, 1992
PRESIDING OFFICER: (SENATOR DEMUZIO) Yeah. Senator Cullerton.
Senator Berman: under this bill, is it contemplated that a person who wishes to register to vote at a driver's license facility will have to stand in two lines - one line to get the driver's license and another line for the voter registration?
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Berman.
No.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall. Further discussion? Senator Hall.
Thank you, Mr. President. I was beginning to wonder if my light Was flashing up there.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator, yours is and everybody elsels, too. Senator Hall.
I want to tell you why this is so important. It's a shame today that we -- and if you watch it in the Presidential elections, there are less -- people who are not voting. And one of the greatest things you can do in this country is to exercise your franchise. I thought, like many of you, when we passed that eighteens could vote, and the worst voting record we got are eighteens to twenky-fives. The senior citizens find a way to come to the polls. But to say that you don't want to allow a person to exercise their franchise? I was very happy the time that one of our Presidents even advocated that when you come to the polls, that you could sign up or register that day and still vote. But this is an important thing very, very important. And 1111 tell you this it's something toeoatinaudiblel..., because we've got 96 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 something very seriously facing us. It's a strange thing about us i in this country today, that a 1ot of people Want change just for the lot of change. Knd you 'd be surprised how -- I notkced down kn my county down there that there are people al1 on out there -- on the tables: advocating, and I think a lot of people think that . what we need is to :et everyone to vote. And please believe me, it's going to be important in this election. ! PRESIDING OFFICER: (SENATOR DEMUZIO) I Further discussion? Senator Alexander.
Thank you, Mr. President. To Members of the General Assembly: I rise in support of this piece of legislation, and 1'11 be very I I brief. There are some statistics I think we need to know about. Some of you have raised the question about this may be too expensive to take. Some of you have raised the question that it will require additional personnel. In Arizona, where this bill is presently working, they have had this bill on their books for some time. It required no additional staff. In Colorado, where it has been working since 1988: and they have been registering a11 right along, it's -- no cost was available. The District of Columbia: where they 've been regkstering, no additional person, and the ; transactional cost was running about three cent per transaction. Ip Iowa, where this program is working and has benefit, no official cost. In Maine, where motor-voter registration is taking place, the average cost averaged twenty-four cent per transaction. Think abou: What ie costs in your precinct for precinck registrations per person - and no extra persons was hired. I could go down the line through Michigan and through Minnesota and through Montana, Nevada, North Carolina and Rhode Island - none of them had any appreciable additional cost. The highest additional cost was thirteen cent for a transaction of registration. This is i ! the time for this bill. Its time has long been coming, and it's ! 97 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24# 1992 i now that we should have this bill. Whoever becomes our Secretary of State - for those of you who are worried - will have first crack at new registrantsz for whatever reasons. Wefre not politkcal kn this Body. We're merely trying to help out citizens to become good citizens. This is a good piece of legislation.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Watson.
A1l right. Thank you. I -- a question of the sponsor.
PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Watson.
I believe currently if you are a deputy registrar, you must live Within that jurisdictional regkon of that registered voter or that potential registered voter. How is that impacted by your bill?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.
The bill provides that the entire Secretary of Statels staff are able to serve as deputy registrars, regardless of where they live, so that they are authorized, by the lanquage of this bill, to act as deputy registrars.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.
Only in that facility then, or can they go on in their off-hours and go throughout and register others?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.
No, they 're -- only when they lre acting in the capacity as 98 STATE 0F ILLINOIS ' 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 employees of the Secretary of Staze's Office.
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Watson.
What happens in -- in our area, where Greenville has a facility and people from neighboring counties come in; then they register someone from Madison County or Montgomery County or wherever. HoW is that handled?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.
The -- the amendment that we adopted yesterday from the Association of County Clerks provides that the -- the registration may take place in the county for where the location is - in other words, where the facility is - and any adjacent county. So if you have, you know, County Az but I live in County B, but B is adjacent to Az they can register me.
PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Watson.
What about temporary facilities? We have them where they -- they 'll set up for a day a week. I quess theydre qoing to be obligated to do this.
PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Berman.
I'm not aware of any exemption for temporaries. So I guess if it's -- if it's a Secretary of State facility, this Would give them the authority to do that.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Collins. We have -- I'm sorry. Senator Watson. Senator Watson. 99 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 I
Yes -- thank you. What are the costs?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman. ! i SENATOR BERMAN: ' I don't have an exact number: but in -- in committee the t question was raised, and it was indicated thak the -- the cost is i minimal. Now I -- I don 't know -- I don't have a number for that. If you don't like the bill, they dll tetl you it's millions. If k you like the bill, theydll tell you it's pennies. So, take your choice. j
PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Senator Collins. I l
ïes, thank you, Mr. President and Members of the Senate. I rise in support of this bill, and it's really funny; this has been 1 a really enlightening experience for me, just to hear that the Secretary of State is opposed to this bill. I -- I just -- I can 't imagine. in a political year, that here this bill provides the greatest opportunity for him to have access to a lot of free publieity and a lot of other things, too. And here you are l fighting against this bill because you seem to think kt's going to l do something to enhance electing a Democratic majority. This is crazy. This is -- this is somethkng that we ought to be against, from a political standpoint. But because we believe in the right for people to register and vote and to be involved in the political process - because that's what make this country what it is - we were willing to give him this plum. This is a plum , at I khis time of year, this time of Session, this time of political season, for the Secretary of State. And you're fighting against ! it. This is crazy . I think you ouqht to vote for this bill and just cut it out, pick yourself another fight. This one is on your l00 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 1 side, and let's vote for the bill.
PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. Further discussion? We have Senators Fawell and Geo-Karis. Senator Fawell.
Thank you very much. Senator Berman, Senator Watson brought up a point. You know, a lot of my people happen to go over to Hillside, into Cook County, to get their driver's license. NoW Hillside doesn't have Dupage County voting forms. Naperville and some of the counties in the surrounding -- that surround Cook County don't have Cook County registration forms. When I register somebody - and I am a deputy registrar - when I register somebody, I have to put down my -- my precinct committeeman fs numbery my. township number. I have to sign it. You know, we have a -- a form which is entirely different, I understand, from Cook County 's. Are you asking the Secretary of State to get a1l these forms in a11 of these surrounding counties in each facility? And I'm going to tell you, my election commission isn't going to be very happy about that, because they parcel those things out like they Were gold.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.
Senator Fawell, the amendment that was adopted yesterday was drafted by the Illinois Association of County Clerks. They have undertaken, and will deliver to every facility, the appropriate registration forms for where that facility is located and the forms necessary for the adjacent forms. So I invite you to go to Hillside and register your voters.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.
i 10l STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24: 1992 Well, I hate to tell you, but your county clerk and my county clerk aren 't in charge of those forms. We have election commissions, and our eleckion commissions are the ones that have got the forms. So my county clerk can do al1 kinds of things, and so can yours. It doesn't mean diddleyz for the simple reason they haven't even got the forms. Our election commissions have got the forms, and I'm sure they did not ask my election commission clerk. Because if he did: I know darn well what his answer would be, and the answer Would be No.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Geo-Karis.
I apologize for rising for a second time, but, Kr. Preskdent and Ladies and Gentlemen of the Senate, the estimated cost, if this goes on as a mandatory thingr is one million six hundred and fifty-four thousand dollars. I might tell you that right now there is access in the Secretary of State's Offices around the State. Five hundred -- there's signs, in factz în fîve hundred of the places, and about -- rather in a11 -- in most of the places, and five hundred of the personnel are registrars. A11 the people have to do is ask if they want to register. But this -- this -- this requires them, requires the Offlce of the Secretary of State, and it is a costly item. And it's not a matter of politics, for heaven's sakes. It's a matter of common sense. We don't have enough money to pay a lot of our bills. Are We goin: to add almosk another two million dollars? If anyone wants to register, do so. I'm a registrar, and 1'11 tell you, it takes at least fifteen minutes to do a decent registration. Now figure it out in time. So I'm telling you right now: I don't think it's wise to pass this bill - not when We're short of funds.
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator Berman may close. l02 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 SENATOR BERMANI i Thank you. That l.6-million-dollar fiqure was stated in I committee, and there was no explanation given in committee as to where they got that number. Number two: I -- somebody raised the i question as to -- that we shouldn't do it this year. If there's any year to do it, it's this year, because we have a Presidential election. I know that every one of you on this Floor shares the embarrassment that I have when the day after the Presidential election we find that a minority of people in this country have elected the President of the United States. We're the outstanding democracy in the world. The entire world wants to be like us, and yet, a minority of -- of our citizens elect our President. If there is any initiative that ke should pursuey it is to get more and more people involved in the election process. Every one of you - you're here because youdve been involved in the election process. You know how important it is to go door to door in the precincts to get those people registered. That's how you got here. That's how T got here. And that is appropriate from one end of Illinois to the other. I'm not sure why my friend George Ryan isn't supporting this billz but I Will tell you this: this is a bill that every one of us who's up for election this year should vote for, because 1.11 tell you real simply - I Wouldn't want to be on the questioning end of my opponent who sayse ''Senator Berman, why in the world wouldn't you want to make more available the opportunity for people to register and to vote?'' I don't want to have to respond to thaE question. And tbe question regarding cost is phony; time is phony. It is a problem of democracy. Let's vote for democracy. Let's vote Aye. PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall House Bill 3563 pass. Those in favor will voEe Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have al1 voted Who l03 i l STATE OF ILLINOIS . 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 wish? Take the record. On that questionz the Ayes are 33, the Nays are 22, l votin: Present. House Bill 3563, having received the required constitutional majorityz is declared passed. Senator Davidson, for what purpose do you rise?
How many are here? Let's verify the Aye votes.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson has requested a verification of the Members who voted in the affirmative. Madam Secretary, Would you please read those Members who voted in the affirmative. Madam Secretary -- Senator Smith, for what purpose do you arise?
v.w lmachine cutoffl...what happened to my button, but I certainly pushed the green, but it doesn't show up on that thing over there. And I certainly Want to vote for thls.
PRESIDING OFFICER: (SENATOR DEMUZIO) Well, Madam Secretary, read the -- read the Members who voted in the affirmative. SENATOR SMITH: j Please. I SECRETARY HAWKER: 1 The following Members voted in the affirmative: Alexander, Barkhausen, Berman: Brookins, Carrollz Collins, Cullerton, Dart, I de1 Valle, Demuzio, Di Turi, Dudycz, Thomas Dunn, Hall, Holmberg, Jacobs, Jones, Joyce, Keats, Kelly, Lechowicz: Leverenz, Marovitz, ; i Munizzi, OfDaniel, Palmer: Raica, Rea ... PRESIDING OFFICER: (SENKTOR DEMUZIO) 1 I Please, no demonstrations.
I Severns: Vadalabene, Watsony Welch and Mr. President. !
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson, do you question the presence of any Member ; 104 STKTE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION . SENATE TRANSCRIPT 124th Legislative Day June 24z 1992 Who voted in the affirmative? SENATOR DAVIDSON: ; Senator Severns. PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Severns is right straight back in the -- near the door. SENATOR DAVIDSON: E She's so pretty, she just overwhelmed me. Senator Savickas. i PRESIDING OFPICER: (SENATOR DEMUZIO) I Senator Savickas on the Ploor? Senator Savickas did not vote. ; SENATOR DAVIDSON: They dre all yours. i PRESIDING OFPICER: '(SENATOR DEMUZIO) No, no, no# no , no. Theyfre not a11 of mine. A11 right. On j ! the verified roll call, there are 33 Ayes, 22 Nays: l voking I k Present. Then House Bill 3563 is -- is declared passed. 3587. 1 ! I Senator Cullerton. Madam Secretary: House Bills 3rd -- I beg your pardon. It's on Recall, Senator. Beg your pardon? Well, it has to set a day. 3598. Senator Philip. I beg your pardon. Senator i 1 . Davidson. 3598, Madam Secretary. ( SECRETARY HAWKER : . I ' House Bill 3s98. I (Secretary reads title of bill) 3rdReadingofthebill. 1 PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson. ( I SENATOR DAVIDSON: : Mr. President and Members of the Senate, this is Secretary of 1 State's adminiskration bill. We amended it yesterday that would l allow the SecretaryofState to acceptcreditanddebitcards for 1 payment of any fees due them. Also Would raise the -- the insufficient check return fee from ten dollars to fifteen dollars, l05 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24# 1992 and make it very close or as alose as possible to the cost that the Sectetary of State has to do that. And with that, I'd appreciate a favorable vote.
PRESIDING OPPICER: (SENATOR DEMUZIO) Is there discussion? Senator Brookins.
Thank you. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he Will yield. Senator Brookins.
Is this a bill that will enable special license plates?
Senator Davidson.
As you listen to your Leader, President Rock, 1 listen to my Leader when he asks to put an amendment on this bill.
Senator Brookins.
That is not the question, What my Leader asked me to do, and I do follow Leadership. I'm asking you is -- on this bill, is there an amendment that Will add special license plates?
Senator Davidson.
If you pay a special fee of fifteen dollars plus the special two-dollar fee each year to renew it, and youbre honorable discharge from any of the four branches of the services and make the request, you can get a special license plate and the State -- the Secretary of State makes money, 'cause it'll cost about a dollar forty cents to have the special plate. And the neW fee is fifteen and the renewal fee is two dollars a year. So 106 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24r 1992 consequently, the State will eome out ahead.
Senator Brookins.
To the bill, Mr. President: This bill allows special license plates for a group of veterans and military people: although We , have a Disabled Veteran's plate, a Congressional Medal of Honor plate, a National Guard plate, a Armed Forces Reserves, Purple Heart, retired members of the Armed Forces and Pearl Harbor survivors; this will add also some additional veteran plates. It's unlikely -- it is very unlikely that any veteran Will opt to take advantage of this special plate that is being created, because the plates that I have just named off for you - all nine of them - are free and without any fees whatsoever. We, in commkttee, some time a9o had a pledge that we would work - and we did attempt to work - to pass bills where that we could have some kind of recognition of where we would place special license plates and how we would go about getting them . That bill was defeated last year in House Bill 341. Senator Kelly had such a bill that would do the same thing. The Secretary of State opted and worked against the bill of SenatorKelly's and it would no* pass. And 1 here we are again now, putting together a special plate for some folks that I don 't think is interested in having a special plate, who needs it, or who wants it. I'm saying to you that if We go on the highways and as you travel and just look at the plates going up and down the road, you don't know where these people are from. It's confusing for the Illinois State policemen. It's just cumbersome and it's very costly. And therefore, I recommend that we defeat this bill, to remove this amendment.
1 . Further discussion? Senator Demuzio.
l07 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24: 1992 Thank you, Mr. President. Pirst of all, a point of personal privilege. I have the Jerseyville Library summer reading class khat was in the gallery, are now leaving. I1d like toz first of allr recognize them .
Will our guests please Wave as they are moving onward. Welcome.
All right. Thank you, Mr. President. Let me, if might, Senator Davidsony pose a couple of questions to you. According to the Digest, in creating this special veteran license plate category, are we -- are we now ellminatin: the words ''Land of Lincoln'' from the license plate, and are we, in fact, now charging e in addition to the forty-eight dollars that a veteran would pay, an additional fifteen dollars per plate?
Senator Davidson.
First, we're not eliminating ''Land of Lincoln.'' Secondly, as it is nowz you ask for a special lieense plake, you pay a fee on the original additional issuance. That fifteen-dollar fee is there. I think on some of the others it's fifty dollars. Alsoe you will pay a two-dollar fee each year to renew it to recover the cost of the dollar forty cents it costs to do that each year.
Senator Demuzio.
On page 2 of the amendment, it says, ''which may be abbreviated, the phrase 'Land of Lincolny' except as provided in Section 3-626,'' which means thatz in fact, that creating this new category, you would in fact be eliminatinq the words ''Land ' of Lincoln'' from the Illinois license plates. l08 STATE 0F ILLINOIS 87th GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24z 1992
i Senator Davidson. SENATOR DAVIDSON: . My handler says you are correct.
Senator -- Senator Demuzio .
Well, I don't know why we would want to do that, first of all. And secondly, I don't know Why we would want to be charging veterans an additional fifteen dollar: on top of the forty-eight dollars that they are already paying. This doesn't make a great deal of sense to me, and 1 don't know why this bill is here at this time. And I rise in opposition to it.
Further diseussion? Senator Dudycz.
Thank you, Mr. President. I'd like a clarification, Senator Davidson, on a few points. This -- charging the veterans for the license plates - what do they -- What do they pay now? For example, the -- the veterans that are -- Purple Heart, for example. What -- do they pay any extra fees now?
Senator Davidson.
I'm Wise beyond my years. I will yield to the sponsor of the amendment to answer your question. Senator Philip.
Senator Philip.
i I'm sorry . I didn't hear the question.
Senator Dudycz. lG9 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992
My question is, Senator Philip, the currently, the veterans that apply for their platesy for example, the -- the Purple Heart license plate - do they pay any additional fees?
Senator Philip.
You knoW, I'm not sure. don't thknk they do .
Senator Dudycz.
Well, correct me if I'm wrong. I understand that al1 those that currently have the veterans' -- the various different veterans' plates, they are grandfathered in# so they will not be affected by this. It's my understanding that -- that anyone who applies for a special veteran's plate from this point forward will be issued a -- just a generic veteran's plate. Is that correct?
Senator Philip.
Maybe I can clear the air, seeing that I am the guilty party here. I happen to belong to the Dupage County Marine Corps League. I happen to -- that happens to be the largest Marine Corps League in the State of Illinois. My League came to me and said other states - NeW Jersey, California have these special Military plates. We would like to have them. And T said, nWel1, we lre not going to give them to you, unless you dre willing to pay for the cost of them.'' So I said, ''And I don't know if the Secretary of State's for ito'' So I called George Ryan. said, ''My Marine Corps League Wants these speeial plates. I Would assume we'll have to include the other services.'' And I said -- and I said, ''We ought to at least get the cost out of doing it.'' ll0 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Leqislative Day June 24r 1992 George Ryan agreed to do that. I talked to Senator Davidson. We put that amendment on, and quite frankly, I don't know why We don 't want it. The laW enforcement people like the idea, because it's muah easier to identify people with special plates. If you fre a speeder or tryin: to avoid the law, youdve got something with a Marine Corps enblem on it that says Semper Fi or something -- much easier to catch you than a scrambled plate. And it costs you two dollars to renew the darn thing. So youpre not getting it for nothing. Itîs not costing the State anything. It makes a lot of Marinesy Navy, whatever it might bey happy about having a special plate.
Senator Dudycz.
Well then well then, if in fact it does grandfather the current plate holders, it doesn't affect them. And anyone from that point forward does apply for license plates, will get the generic veteran's plate. I think it's a good idea. It will be a little bit more uniformity in the license plates for the future, and it'll be easier for law enforcement. I think we should vote for the bill.
A1l right. Any further discussion? Further discussion? Senator Davidson, you Wish to close?
just need 30-p1us green votes up there, please.
Question is, shall House Bill 3598 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have al1 voted who Wish? Have all voted who Wish? Have al1 voted who wish? Have al1 voted who wish? Take the record . On that question, there are 31 Ayes, 25 Nays, none voting Present. House l11 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 I Bill 3598, having received the required constitutional majority, is declared passed. Senator Demuzio, for what purpose do you seek 1 ' recognition? SENATOR DEMUZIO: Well, Senator Davidson didn't -- had some good luck a while ago . Maybe I might, too. Let's verify and see Who's here. PRESIDENT ROCE: A1l right. The Gentleman has requested a verification. That request is in order. Will the Members please be in their seats. Mr. Secretary , read the affirmative rolly please. ACTING SECRETARY: (MR. HADRY) The following Senators voted in the affirmative: Barkhausen, Butlery Cullerton, Davidson, DeAngelis, Donahue, Dudycz, Ralph Dunn, Thomas Dunn, Etheredge, Fawell, Friedland, Geo-Karis, Hall, Hudsonz Karpiele Keats, LechoWicz, Macdonakd: Madigan, Mahar: Maitland: Marovitz, Philip, Raicae Rigney, Savickas, Schaffer, Schuneman, Weaver and Woodyard. PRESIDENT ROCK: Senator Demuzio, do you question the presence of any Member? SENATOR DEMUZIO : Senator Ralph Dunn. PRESIDENT ROCK: Senakor Ralph Dunn is in his chair. SENATOR DEMUZIO : Senator Marovitz/ PRESIDENT ROCK: Senator Marovitz on the Ploor? Senator Marovitz on the Floor? Strike his name. SENATOR DEMUZIO: ' Senator Mahar. PRESIDENT ROCK: Senator Mahar is in his chair. ll2 L STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992
Senator Savickas.
Senator Savickas on the Floor? Senator Savickas is on the Floor in the back of the Chamber.
Senator Cullerton.
Senator Cullerton on the Floor? Senator Cullerton on the Floor? Strike his name. Al1 right. The roll has been verified. On that question, there are 29 Ayes: 25 Nays, none voting Present. The bill, having failed to receive the required constitutional majorityr is declared lost. And the sponsor wishes further consideration be postponed. So ordered. 3605. Senator Welch . 3607. Senator Schaffer. 0h, that's on the Recall? 3607. Top of page l6, Ladies and Gentlemen. Top of page l6. 3610, Senator Savickas, is on the Recall. 3630. Senator Cullerton. 3633. Senator Tom Dunn. On the Recall. Okay. 3638. Senator Cullerton. 3650. Senator Severns. 3651. Senator Carroll. Senator Carroll? Middle of page l6, on the Order of House Bills 3rd Reading, is House Bill 3651. Read the bill, please.
ACTING SECRETARY: (MR. HAPRY) House Bill 3651. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Carroll.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3651 would require the Department of Public Health to create a Human Poison Control Center, and the Department of Agriculture to create an Animal Poison Control Center. The Yl3 STATE OF ILLINOIS I 87th GENERAL AGSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 two-year funding period created under this Act would be extended for an additional two years if, in fact, monies were not obtained this year for that purpose. So that in order to do the work, it would not start until dollars Were available. I think this is something that's been well-bandied about and needed for a long period of time in Illinois, both in terms of human and animal protection, and would ask for a favorable roll call. PRESIDENT ROCK: Discussion? Any discussion? If not, the question is, shall House Bill 3651 pass. Those in favor will vote Aye. Opposede vote Nay. And the voting's open. Have a11 voted Who wish? Have a'll voted who wish? Have a1l voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 3651, having received the required constitutional majority, is declared passed. Senator Jones. 3673. Senator Luft. 1 3674 is on the Recall. 3692 is on th: Recall. 3695. Senator j Berman. Read the billz please. i ACTING SECRETARX: (MR. HAQRY) House Bill 3695. (Secretary reads title of bill) I 1 3rd Reading of the bill. PRESIDENT ROCK: Senator Berman. i Thank you, Mr. President and Ladies and Gentlemen of the 1 ' Senate. 3695 does several things regarding the School Code. It allows the transfer of the district's working cash fund to any f I und from which taxes are levied, rather than only to the district's educational transportation and operation maintenance funds; it allows school districts to obtain Medicaid reimbursement I from the Federal Government for qualified health services provided to studentsl it allows joint education programs greater 114 ' j STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 : l flexibility in borrowing funds for monies that are owed but nat paid to it; and allows -- authorizes the Chicago Board of Education, where there has been a lease agreement for at least ten years for a school -- for nonpublic use, to negotiate the sale of that building . Be glad to respond to any questions, and solicit your Aye vote. PRESIDENT ROCK: Discussion? Is there any discussion? If not, the question isg shall kouse Bill 3695 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. All voted who wish? Have al1 voted who wish? Have a1l voted Who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 3695, having received the required constitutional majority: declared passed. 3707. Senator Schuneman. Read the bill, please, Mr. Secretary. ACTING SECRETARY: (MR. HARRY) House Bill 3707. (Secretary reads title of bil1) 3rd Reading of the bill. PRESIDENT ROCK: Senator Schuneman. SENATOR SCHUNEMAN: Thank you, Mr. President. Ladies and Gentlemen of the House, House Bill -- of the Senate, rather. I1m -- I'm sorry. I'd forgotten about that switch. House Bill 3707 is the bill which Would ban radar detectors in heavy trucks in Illinois. We had considerable debate about this bill yesterday, When We adopted tWo amendments, one of which provldes that this offense shall be a secondary offense, and therefore is not one Where the police officers can stop the vehicle specifically for the purpose of determining whether or not the radar detector is in place. There was another amendment attached to the bill yesterday which, in ll5 g ' STATE 0F ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 effect, would ban roadblocks which Would result in tickets for violation of the seat belt 1aw in Illinoisr as well as the radar detector bill. I'd be happy to try to answer any questions.
Discussion? Any discussion? If not, the question is, shall House Bill 3707 pass. Those in favor, vote Aye. Opposed, vote Nay. And the votingls open. A1l voted Who Wish? A1l voted Who Wish? Have a1l voted Who Wish? Take the reeord. On that question, there are 40 Ayes, 12 Nays, 1 voting Present. House Bk11 3707, having received the reguired constitutional majority, is declared passed. 3739, I am informed, is will be on the Recall List, as will 3769. So wetre at 3815. Senator Jones. 3843. Senator Welch. Middle of -- top of page Ladies and Gentlemen. Op the Order of House Bills 3rd Reading is House Bill 3843. Read the bill, please.
ACTING SECRETARX: (MR. NANRY) House Bill 3843. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Welch.
Thank you, Mr. President. This bill does two things. Number one, it allows the proceeds of a local tipping fee to be used to reimburse a city or highway commi4sioner for expenses incurred in the removal of nonhazardous, nonfluid municipal waste that has been illegally dumped on public property. The idea is to help clean up the ditches next to the hiqhways where people seem to think they can dump their garbage, instead of going to the landfill, and save themselves some money. The amendment that Was added yesterday was an agreed amendment concerning compost quality standards, directing the Environmental Protection Agency to 116 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 develop and make recommendations by July 1st of next year to the Pollution Control Board concerning compost and compost facilities. I1d be glad to answer any questions.
The Gentleman has moved passage of House Bill 3843. Is there any discussion? Senator Raica.
Question of the sponsor, Mr. President.
Sponsor indicates he will yield, Senator Raica.
Senator Welch, we had a situation - I think it was in Senator Savickas' district and my district - where there was a semitrailer truck that was left in unincorporated Cook County . It Was actually in Forest View, part of Stickney. And the State said they will take responsibility for it if it was hazardous Waste. EPA said they would take responsibility of it, and it wound up that it was not hazardous waste. It was just chemicals that Were left there that were not toxic or anything, but nobody wanted to take the responsibility for it. Does this legislation that youdre proposing here address situations like that, Where whatever is left on the vehicle -- or if there is a vehicle that is abandoned in an unincorporated area or in an incorporated area, that someone actnally has the responsibility or can noW qive the okay to have this hauled away?
Senator Welch.
Senator Raica, the requirement would be that it be on public property - not on private property. If it's on public property, then, yes, it could be hauled away and the township -- road commissioner or your municipal road commissioner could be l17 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 reimbursed for the cost of moving it to the landfill. It sounds like the problem is getting the waste to a landfill, basically? Yeah, that's what this is designed to do. People basically would abandon their garbage or a truck with -- loaded with garbage, because they don't Want to pay the fee at the landfill. Well, how I do you get rid of it? Well, this is really about the only Way you can do it and get somebody to accept responsibility.
Further discussion? If not, the question is, shall House Bill 3843 pass. Those in favor, vote Aye. Opposed, vote Nay. The I voting's open. All voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, there are ! I 54 Ayes, no Nays: none <sic> (1) voting Present. House Bill 3843, having received the required constitutional majority, is declared passed. 3857 Was on the Recall. 3867. Senator Philip . Middle of page l7z Ladies and Gentlemen. On the Order of House Bills 3rd Reading is House Bill 3867. Read the bill, please, Mr. Secretary.
ACTING SECRETARY: (MR. HAKRY) House Bill 3867. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Philip .
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3867 amends the State Finance Act to take 6.2 million dollars out of the Road Fund for the Secretary of State 's Office for the purpose of paying for union contracts, and providing for a one-year inventory on license plates. Got out of the Executive Committee 18 to nothing. I'd be happy to answer any questions.
ll8 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION i SENATE TRANSCRIPT I 124th Legislative Day June 24, 1992 Discussion? Senator Jacobs.
Thank you, Mr. President: Ladies and Gentlemen of the Senate. I stand in opposition to this, as much as I hate to With my good friend Senator Philip, but it -- you know: this is an ongoing i thing - each year we seem to be taking a little more ou* of the Road Fund. And as welre informed that if we continue to ask for this four-percent increase each and every year, the impact will be E - - minimally be thirty million dollars by the time we get through E with this contract. So I just think that it's a bad deal. It's going to hurt - as far as I'm concerned - some of the Road funds, and I ask for a No vote.
Purther discussion? Further discussion? Senator Philip, you wish to close?
Yeah. Thank you, Mr. President. I might remind the Members that the Secretary's Office, through license fees and other fees they collect, they collect three times What they spend. So they are -- they are a plus for us. So I'd ask for your favorable consideration.
Question is, shall House Bill 3867 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have a1l voted who wish? Have a1l voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On thak question, there are 43 Ayes, 11 Nays, l voting Present. House Bill 3867, having received the required constitutional majority, is declared passed. Senator Jonesy on 3870. Senator Munizzi. 3882. Read the bill, Mr. Secretary, please.
ACTING SECRETARY: (MR. HAQRY) House Bill 3882. , I ll9 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24: 1992 (Secretary reads title of bill) 3rd Reading of the bill. i
Senator Munizzi.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3882 amends the School Code. It authorizes school boards to develop and implement recycling programs in district offices, schools and attendance centers. It was amended ! on the Floor to change the effective date to July l of 993. I'd appreciate a favorable roll call. Thank you.
Discussion? Any discussion? If not, the question is, shall ! House Bill 3882 pass. Those in favor, vote Aye. Opposed, vote Nay. And the voting 's open. A11 voted who Wlsh? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. House Bill 3882, having received the required constitutional majority, is declared passed. Senator Luft, on 3898. Read the bill, please. ACTING SECRETARY: (MR. NANRY) I House Bill 3898. (Secretary reads tktle of bill) 3rd Reading of the bill. PRESIDENT ROCK: j Senator Luft.
Thank you, Mr. President. House Bill 3898 is a montage of events. It started off being a Department of Transportation bkll, subject matter of which was eminent domain. It Was amended to put ' this bill in the same posture as Senator Watson's bill that passed out of here. Senator Watson also added an amendment which 120 . STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION ! SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 1 extended the quick-take for the Southwestern Illinois Development I i Authority. That extension is a two-year extension. Senator i Philip granted quick-take power for flood control purposes to Dupage and Lake County - later amended it to limit that quick-take power to Dupage and Lake Counties only for two years. Senator Maitland granted quick-take powers to the Bloomington-Normal Airport Authority to expand the airport. And Senator Demuzio amended it to require auctioneers to pay sales tax on personal property entrusted to -- turn -- by persons Who are not retailers and whose names and addresses are not disclosed at or before the : ! sale. I
Any discussion? If not, the question isz shall House Bill 3898 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. Have a11 voted who wish? Al1 voted who wish? Al1 I voted who wish? Take the record. On that question, there are 38 Ayes, 8 Nays, none voting Present. House Bill 3898, having received the required constitutional majority, is declared passed. 3902. Senator Dudycz. Mr. Secretary, read the bill, please.
House Bill 3902. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Dudycz.
Thank you, Mr. President. House Bill 3902, as amended, contains three components. Part number one would allow certain territory in Cook County to incorporate as a city if it contains more than eleven hundred residents. Currently that number is twelve hundred. Back in 1988 the Legislature approved House Bill 3870, which was sponsored by Senator Lechowicz, which set the l21 E STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24# 1992 minimum for incorporation for this community at twelve hundred. Recent census figures show that the community in question currently has over eleven hundred, but under twelve hundred, residents. In other words, this area would not be able to incorporate without permission from surrounding villages and cities, including the City of Chicago. Part two of the bill Was requested and drafted by AFSCME Council 3l. It's technical and it contains clean-up language. The original legislation passed in 1985 stated that HM0 coverage would be continued when a local government employee retiredz at the retiree's expense, but the legislation did not correctly cross-reference the HM0 Act, among others. And since the passage of the original billr several local government entities have requested a clarification on HMOs. This part has no direct fiscal impact on local governments, because if insurance coverage is continued, the retiree must pay the premiums. And part three was offered by Senator Schaffer as an amendment. It would provide that after incorporation: the first election of village officers shall occur at the next election, rather than the next municipal election. I know of no opposition to this bill. The Municipal League is not opposed to it# and I ask for your favorable support. PRESIDENT ROCK: Gentleman has moved passage of House Bill 3902. Is there any discussion? If not, the question is, shall House Bill 3902 pass. Those in favor, vote Aye. Opposed, vote Nay. And the voting 's open. Have a1l voted who Wish? Have all voted who wish? Have all voted who wish? Take the record. On that questione there are 56 Ayes, 1 Nayz none voting Present. House Bill 3902, having received the required constitutional majority, is declared passed. 3986. 4024. Senator Jones. Top of page 18. 4025 is on the Recall, or was on tbe -- 4027. Senator Welch. Read the bill, Mr. Secretary, please. l22 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 ACTING SECRETARY: (MR. HAQRY) House Bill 4027. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: ' Senator Welch. I I SENATOR WELCH: Thank you, Mr. President. 4027 was amended yesterday to put on Senator Palmer's amendment, which basically deals With doing a study of per-bag disposal of wastez instead of the current system. Currently you throw out as many bags as you want on the curb, and the garbage men haul it away. What the amendment did was require that there be a study done of the effectiveness, cost-effectiveness and effect on the environment of doing a per volume bag-based fee in the municipalities. Those municipalities that have already done studies - and many of them have - would basically meet the requirements of this bill. So they Won 't have to do studies over again. I'd be glad to answer any questions. PRESIDENT ROCK: Any discussion? Discussion? If not, the question is, shall House Bill 4027 pass. Those in favor, vote Aye. Opposedz vote Nay . The voting's open. A11 voted who Wish? Al1 voted Who Wish? Have all voted Who Wish? Take the record. On that questionz ( there are 50 Ayes, 1 Nay, l voting Present. House Bill 4027, having received the required constitutional majority, is declared passed. Senator Karpiel, on 4037. Read the bill, Mr. -- no, she does not wish that. I'm sorry. 4039. Senator Karpiel. Read that bill, please. ACTING SECRETARY: (MR. NAPRY) ' House Bill 4039. (Secretary reads title of bill) 3rd Reading of the bill. l23 STATE OF ILLINOIS 87th GENERAL ASSZMBLV REGULAR SESSION SENATE TRANSCRIPT 124th Legkslatkve Day June 24, 1992
Senator Karpiel. SENATOR KARPIEL: Thank you -- thank you, Mr. President. The original bill has been removed from this, and there are three amendments that were put on. The first amendment to House Bill 4039 is Senator Philipds, and so it will -- it provides that the hundred-thousand-dollar deductible amount does not apply with ' respect to certain underground storage tanks when the owner or operator demonstrates that the site is not contaminated in excess of standards established under the Illinois Groundwater Protection Act. The it also provides that deductibles are determined based upon When notice of a release is given to the State, rather than when the release occurred. There is an amendment on, put on by Senator Welch, which establishes a sliding-scale handling fee in attempt at an equitable method for reimbursing prime consultants and prime contractors for subcontracting costs. And the third amendment changes the definition of clean construction or demolition debris to include reclaimed asphalt payment -- pavement. PRESIDENT ROCK: The Lady has moved passage of House Bill 4039. Is there any discussion? If not, the question is, shall House Bill 4039 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have a11 voted who wish? Have all voted Who wish? Have all voked who wish? Take the record. On that questione there are 56 Ayes, no Naysz none votkn: Present. House Bill 4039, having received the required constitutional majority, is declared passed. Senator del Valle, 4070. 4112. Senator Welch. No. 4119. Senator Palmer. Yes. Senator Rea, could I ask you to swing left or right here? Thank you. On the Order of House Bills 3rd Reading is House Bill 4119. Read the bill, Mr. Secretary, please. 124 ' . ; STATE OF ILLINOIS 87th GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT I ' j 124th Legislative Day June 24, 1992 . l ACTING SECRETARV: (MR. HAQRY) j House Bill 4119. k I (Secretary reads title of bill) j 3rd Reading of the bill. ( PRESIDENT ROCK: Senator Palmer. SENATOR PALMER: Thank you, Mr. President #nd Members of the Senake. This bill replaces the Home Ownership Made Easy Program administered by *he Treasurer wkth one supervised by the Treasurer and managed by participating financial institutions. After this bill passed out of committee, we worked with the Revenue Department, which is not opposed to this bill and is, kn fact, neutral, for the language that is noW the bill. It clarifies that participation in the restructured home program by participants in the current program is optional. It requires participants to purchase a home within four months after terminating participation in the program . Permits participants to apply to the Treasurer for an extension of up to six months. Creates an exemption from the real estate kransfer tax for certain participants, rather than requiring the Department of Revenue to refund the kax. I ask for a favorable vote, and 1111 be happy to answer any questions. PRESIDENT ROCK: The Lady has moved passage of House Bill 4119. Discussion? Senator Watson. SENATOR WATSON : I guess just a question of the sponsor and possibly a comment, Mr. President. PRESIDENT ROCK: IIm sorry? Question of the sponsor. Sponsor indicates shefll yield . I'm sorry. Senator Watson. SENATOR WATSON: I l25 STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 ' 1 don't know about you, but in my area we get a1l these news releases that come out of the Treasurer's Office and come down and tell about a11 these great programs that are being made available to the people of my district, Whether it's a veteran: whether now welve got the new homeowner program, Whether you want to go to medical school and come back and serve in that particular -- arear you want to go to college. It just seems like there's a parade of programs that are being made available to the people. And unfortunately, What happens is, they go in and the program 's not being made available by the local bank. I mean, there's just a 1ot of confusion out there righk now among the public as to what we are doing and what wefre trying to provide to the people of -- of this State. And I -- these make good headlines, and they -- it's good rhetoric. And obviously -- maybe a good program, even. But if the bank isn't going to work with the Treasurer's Office, if the bank isn't going to allow the program to be made availableg there's no -- no good comes from it. So that's a point of a -- just a question. I mean, hoW do we make this available through our local banks if theydre not Willing to participate?
Senator Palmer.
Thank you, Mr. President. The bank organizations are in support of this, and I appreciate What you 're saying, Senator Watson. There has been a great deal of this going on, and thank goodness for that. Wedre finally offering some oppor*unities that didn 't exist before. I can appreciate that we have not had time to implement these fully, and I invite you to make suggestions about how these can be improved in your area. In my area, it has been greatly successful, and kn fact has knvolved a population I'm I particularly concerned about, the most recent of the unemployed steel workersz who now have an opportunity they didn't have I I l26 STATE OF ILLINOIS ë 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th L l egislative Day June 24, 1992 before. So I would ask for a favorable vote on this. I PRESIDENT ROCK: i Further discussion? Senator -- further discussion? If not, the question is, shall House Bill 4119 pass. Those in favor Will vote aye. Opposed, vote Nay. And the voting's open. Have a1l voted Who wish? Have a1l voted who wish? Have al1 voted who i wish? Have all voted who wish? Take the record . On that question, there are 51 Ayes, 7 Nays, none voting Present. House 1 Bill 4119, having received the required constitutional majorityy ks declared passed . 4163. Senator Marovitz. Mr. Secretaryr read the bill, please. ACTING SECRETARYI (MR. HAQRY) House Bill 4163. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Marovitz. SENATOR MAROVITZ: Thank you very much, Mr. President and Members of the Senate. This will be the physicians' self-referral bill. Everything in the bill has been gutted, so it's not in the bill right now. It is going to go to conference. We have been meetin: With the Medical Society. Those Who want a publkc company exception -- we are about ninety-eight percent there, and have reached agreement with just about everybody, including those who wanted the public company exception, and the Medical Society and the Hospital Association and -- I Would just solicit your vote. This Will probably be back here on Monday or Tuesday with the substance of the legislation. PRESIDENT ROCK: Discussion? Senator Raica. SENATOR RAICA: l27 1 k. --- - - STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Thank you, Mr. President. This particular bill had a lot of controversy - one portion of at least - in committee, and Senator Marovitz withdrew that portion. And I know of no opposition to this bill, and I just solicit an Aye vote, alon: with the Senator.
Question is, shall House Bill 4163 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting 's open. Have al1 voted who Wish? A11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 4163, having received the required constitutional majority, is declared passed. 4188. 4188 is on the Recall. Also, We will move now, for the last time, through House Bills on 2nd Reading. Tomorrow, as I'm sure you dre aware, is the deadline for consideration of House Bills on 3rd Reading. So obviously today is the last day for House Bills on 2nd Reading. Bottom of page 18, on the Order of House Bills 2nd Readinge is House Bill 1516. 1516. Read the bill, Madam Secretary.
House 3i1l 1516. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Any amendments from the Floor?
Senator Jones offers Amendment No. 1.
Senator Jones, on Amendment No. 1.
Yeah. Thank you, Mr. President and Members of the Senate. Amendment No. l amends the Limited Hea1th Service Organization Act 128 STATE or ILLINOIS i 87th GENERAL ASSEMBLY ( REGULAR SESSION SENATE TRANSCRIPT : i 124th Legislative Day June 24# 1992 E 1 to make it consistent with the earlier Volunteer Health Service Organization Act with respect to the ability of a licensed ! organization to offer a point of service product to its enrollers as an option under the plan. This amendment is supported by the i First CommonWealth Corporation, Dental Plus, as well as the I r Department of Insurance. It's an agreed amendment, and I move its I adoption. !
Senator Jones has moved the adoption of Amendment No. l to House Bill 1516. Discussion? If not, al1 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment is adopted. Are there further amendments? SECRETARY HAWKER; No further amendments.
3rd Reading . If youdll turn to page 20. Page 20, in the middle of the pagez is House Bill 3032. Senator Brookins. Read the bill, Madam Secretary, please.
House Bill 3032. (Secretary reads kitle of bill) 2nd Reading of the bill. No committee amendments.
Any amendments from the Floor?
No Floor amendments.
3rd Reading. 3246. Senator Leverenz. Read the bill, Madam Secretary: please.
House Bill 3246. (Secretary reads title of bill) : 129 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 2nd Reading of the bill. No committee amendments.
Any amendments from the Floor?
Senator Leverenz offers Amendment No. 1.
Senator Leverenz, on Amendment No. 1.
i Thank you, Mr. President. This is the agreed amendmenE between I the Association and General Motors, offered by myself and Mr. Watson. It would specify that there would be an audit and charge-back provisions up to a period of eighteen months, and it l allows the manufacturer the right to charge back any fraudulent claim if the manufacturer establishes in an Illinois Court that the claim is fraudulent. Furkher, it allows dealers to relocate their franchise within two miles of the existin: location, and also allows dealers to relocate, provided the location is no closer to an existing franchise. I would move for the adoption of the amendment.
Senator Leverenz has moved the adoption of Amendment No. l to House Bill 3246. Discussion? If not, al1 in favore indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?
No further amendments.
3rd Reading. 3266. Senator Marovitz. Read the bill. SECRETARY HAWKER: ' House Bill 3266. j (Secretary reads title of bill) 2nd Readin: of the bill. The Committee on Judiciary I offers 130 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Committee Amendment No. 1.
1 i Senator Marovitz, on Committee Amendment No. 1.
Thank you very much. Move to adopt Amendment No. 1, Which just restores some language that Was -- it is the committee , amendment. It was -- restored some language that Was inadvertently deleted from the bill.
Senator Marovitz has moved the adoption of Committee Amendment No. l to House Bill 3266. Discussion? If not, a1l in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?
No further committee amendments.
Any amendments from the Ploor?
Senator Marovitz offers Amendment No. 2.
Senator Marovitz, on Amendment No. 2.
I Want -- withdraw Amendment No. 2.
Amendment's been withdrawn. Further amendments?
Amendment No. 2 offered by Senator Marovitz.
Senator Marovitz.
Okay. Amendment No. 2 defines ''abandoned childd'; it clarifies the definition of ''abused child'' and defines l31 STATE OF ILLINOIS 87th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24r 1992 ''drug-involved childdî; it expands the definition of f'neglected child.'' It inserts an objective reasonableness standard. It addresses jurisdictional objections. Establishes petition summons and service requirements: and provides that a finding of unfitness shall be given preclusive effect in ancillary parental rights termination proceedings.
Senator Marovitz has moved the adoption of Amendment No. 2 to House Bill 3266. Diseussion? If notz a11 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Purther amendments?
No further amendments.
3rd Reading. 3454. Senator Brookins. Madam Secretary, read the billz please.
House Bill 3454. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDENT ROCK: . Any amendments from the Floor?
Senator Brookins offers Amendment No. 1.
Senator Brookins, on Amendment No. 1.
Thank you, Mr. President. Amendment No. 1 depletes the effective date and therefore we'll have a bill for the override section.
Senator Brookins has moved the adoption of Amendment No. l to 132 STATE OP ILLINOIS 87th GENERAL ASSEMBLY ; REGULAR SESSION SENATE TRANSCRIPT 1 124th Legislative Day June 24, 1992 House Bill 3454. Discussion? If not, a1l in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Are there further amendments? '
No further amendments. l PRESIDENT ROCK: i 3rd Reading. Paqe 23. 3807. Senator Cullerton. Read the bkll, Kadam Sectetary. ;
! House Bill 3807. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Any amendments from the Floor?
Senator Cullerton offers Amendment No. 1.
Senator Cullerton, on Amendment No. 1.
Thank you, Mr. President. The amendment simply removes the immediate effective date of the bill, and move for its adoption.
Senator Cullerton's moved the adoption of Amendment No. 1 to House Bill 3807. Discussion? If notz all in favor, indicate by sayin: Aye. All opposed. The Ayes have it. The amendmentls adopted. Further amendments?
No further amendments.
3rd Reading. Bottom of page 23. 3884. Senator Cullerton. Yes. Read the billz Madam Secretary, please. j I SECRETARY HAWKER: I 133 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24z 1992 House Bill 3884. j (Secretary reads title of bill) 1 i 2nd Reading of the bill. The Committee on Local Government offers Commîttee Amendment No. 1.
Senator Cullerton, on Committee Amendment No. 1. !
I Yes, thank you, Mr. President and Members of the Senate. Committee Amendment No. l allowed for the circuit court clerks, who would be collecting this additional penalty, to retain two percent, and this two percent allows the Department of Public Aid and Public Health to retain three percent of the monies for administrative costs. Move for its adoption.
Senator Cullerton has moved the adoption of Committee Amendment No. l to House Bill 3884. Discussion? If not, a11 in favor, indicate by saying Aye. A11 opposed. The Ayes have ît. The amendment's adopted. Further amendments?
No further committee amendments.
Any amendments from the Floor?
Senator Cullerton offers Amendment No. 2. PRESIDENT ROCK: ' Senator Cullerton, on Amendment No. 2.
Yeah. This is a technical amendment. The languaqe was deleted originally by House Amendment No. 1, but the House Enrolling and Engrossing failed to delete the languaqe in the engrossed version. So move for its adoption.
134 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT '124th Legislative Day June 24, 1992 i 1 Senator Cullerton's moved the adoption of Amendment No. 2 to i I House Bill 3884. Discussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment 's I adopted. Further amendments?
Amendment No. 3 offered by Senator Jones.
Senator Jones, on Amendment No. 3.
Yeah. Thank you, Mr. President. Ask leave to withdraw the amendment.
Amendmentls been withdrawn. Further amendments?
Amendment No. 3 offered by Senator Cullerton.
Senator Cullerton.
Thank you: Mr. President. When the bill passed the House: it was contingent upon the Supreme Court increasing the required bail. And it turns out the Supreme Court did that after the bill passed the House. So what this amendment does is to recognize that fact, and move for its adoption.
Senator Cullertonfs moved the adoption of Amendment No. 3 to House Bill 3884. Discussion? If nok, a1l in favoi, indicate by sayinq Aye. A11 opposed. The Ayes have it. The amendmentfs adopted. Further amendments?
No further amendments.
3rd Reading. 4124. Senator Severns. 4160. Senator Severns. 135 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day Jùne 24, 1992 And that concludes 2nd Reading. Senator Alexander, for what ! l purpose do you arise? i
Thank you, Mr. President. A point of personal privilege. I have with me for the first time my niece from Chicago, who 's trying to lobby me, and her little friend, Myeesha. And I just want the Senate to welcome them here.
Ladies: welcome to Springfield. A1l right. Ladies and Gentlemen, we have been through the Order of Business for House 3rd and House 2nd. We, I'm told: have a number of Member requests to recall bills. That list is currently bein: distributed. I'd ask you jusE to stand at ease for a moment and take a look at the list while we check and make sure the amendments have, indeed, been filed. (AT EASE) (SENATE RECONVENES)
Senator Hudson, for what purpose do you arise, sir? Senator Hudson, please.
' Thank youy Mr. President. While We dre standing at ease here momentarily, a point of personal privilege.
State your point, please.
In the gallery, in the back -- back of me, and over on the far 136 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 side, we have a group of my Kendall County Farm Bureau people that I l are down here with their spokesman and leader, Mr. Dan Reedy. And I theydre sitting right over there.
Will our guests please stand and be recognized? Welcome to ; ' ; Springfield. Al1 right. Ladies and Gentlemen, you have before I you the Recall List, so We are on the Order of House Bills 3rd Reading. I'd ask that you pay attention to the content of the amendments. Should be able to handle this list With some dispatch and effectively conclude our business for today. Direct your attention to page 11 on the Calendar. On the Order of House Bills 3rd Reading is House Bill 2767. Senator Dart seeks leave of this Body to return tbat bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. 0n the Order of House Bills 2nd Reading is House Bill 2767, Madam Secretary.
Amendment No. 3 offered by Senator Dart.
Senator Dart, on Amendment No. 3.
Thank you, Mr. President and Members. This amendment Was suggested by the Department of Corrections to take care of a technical problem that they've been encountering. I know of no opposition to this amendment. I'd ask for its adoption.
Senator Dart has moved the adoption of Amendment No. 3 to House Bill 2767. Discussion? If not, al1 in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendmentls adopted. Further amendments?
No further amendments. ! l37 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24e 1992
3rd Reading. 2824. Senator Marovitz. That bill is on the Order of 3rd Reading, having been reconsidered. Senator Marovitz seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 2824, Madam Secretary.
Amendment No. l offered by Senator Marovitz.
Senator Marovitz.
Thank you very muche Mr. President and Members of the Senate . Amendment No. 1 is technical in nature. No substantive change, and I would ask for its adoption.
Senator Marovitz has moved the adoption of Amendment No . 1 to House Bill 2824. Discussion? If nok, all in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendmenk's adopted . Are there further amendments?
No further amendmenks.
3rd Readinq. Page ll. Bottom of page 11 is House Bill 2916. Senator Cullerton seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted . On the Order of House Bills 2nd Reading is House Bill 2916. Madam Secretary.
Ploor Amendment No. 2 offered by Senator Cullerton.
Senator Cullerton. 138 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 SENATOR CULLERTON : ( Thank you, Mr. President and Members of the Senate. The bill I - - a portion of the bill is a recodification of the Municipal Code. We discovered that there's an error in that recodification. This amendment simply corrects the error. Move for its adoption.
Al1 right. Senator Cullerton moves the adoption of Amendment No. 2 to House Bill 2916. Discussion? If not, all in favor, indicate by sayin: Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?
No further amendments.
3rd Reading. Top of page 12 is House Bill 2927. Senator Severns seeks leave of the Body to return that b11l to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 2927. Senator -- I mean, Madam Secretary.
Amendment No. 3 offered by Senator Jacobs.
Senator Jacobs.
Thank youz Mr. President, Ladies and Gentlemen of the Senate. This amendment is a little bit of a hostile amendment to the sponsor. I want to make that -- that clear up front. But what this amendment does is it exempts the key employees from the Family Leave Act in those cases when the employee's absence Would cause economic hardship on the employer. It's quite simple. Be willing to answer any questions if you have any. PRESIDENT ROCK: I I Any discussion? If not, the question is the adoption of 1 : l39 STATE op ILLINOIS I 87th GEXERAL AssEMnsy ! REGULAR SESSION SENATE TRANSCRIPT i 124th Legislative Day June 24# 1992 ; i Amendmenk No. 3 to House Bill 2927. Those in favor will vote Aye. ! Opposed, vote Nay. And the votin: is open. A1l voted Who wish? ! Have all voted Who wish? Have all voted who wish? Take the ; record . 0n that question, there are 43 Ayes, 5 Nays, none voting Presenk. Amendment No. 3 is adopted. Are there further amendments?
No further amendments. ' : PRESIDENT ROCK: 1 3rd Reading. Page l3. 3175. Senator Topinka seeks leave of i the Body to return thak bill to the Order of 2nd Reading for I purposes of an amendment. Is leave granted? Leave is granked . i On the Order of House Bills 2nd Reading is House Bill 3175, Madam Secretary.
Amendment No. l offered by Senator Topinka.
Senator Topinka, on Amendment No. 1.
Yes, Mr. President. I would seek to withdraw khe amendment.
Amendment is withdrawn. Further amendments?
Amendment No. 1 offered by Senator Cullerton.
Senator Cullerton. -- I'm sorry. No amendments?
No further amendments.
3rd Reading. Page 14 on the Calendar. Top of the page, on 1 the Order of House Bills 3rd Reading is House Bill 3374. Senator l Cullerton seeks leave of the Body to return that bkll to the Order : 140 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 of 2nd Readin: for purposes of an amendment. Is leave granted? I Leave is granted. 0n the Order of House Bills 2nd Reading is . House Bill 3374, Madam Secretary. ' SECRETARY HAWKER: i Amendment No. 3 offered by Senator Cullerton. i PRESIDENT ROCK: 1 Senator cullerton, on Amendment No. 3. I
Thank you, Mr. President and Members of the Senate. This bill deals with preannexation agreements. This amendment's agreed to by the Urban Counties Councilz the Metro Counties Council and 1 several of the municipal conferences. The Municipal League, Which had been opposed, is now neutral. What it says is that in certain counties, property that' is subject to a municipal preannexation I agreement mdst be contiguous, at the time that the agreement is ! signed, to the annexing municipality inorderfor the annexing j municipaliky's ordinances, control and jurisdiction to be the same as the property that lies within the annexing municipality's corporate limits. As I said, it's an agreed amendment, and I ask for an Aye vote.
Senator Cullerkon's moved the adoption of Amendment No. 3 to I l Eouse Bill 3374. Discussion? Ifnotrallinfavor,indicateby j saying Aye. A11 opposed. The Ayes have it. The amendment's adopted . Are there further amendments?
Nofurtheramendments.
1 i 3rd Reading. Page 15 is 3598, which is now residing on the Order of Consideration Postponed. Senator Davidson seeks leave of i i the Body to returnthatbillto theOrder of2nd Reading for the 1 : purpose of an amendment. Leave granted? Leave is granted. On l4l STATE 0F ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 khe Order of House Bills 2nd Reading is House Bill 3598, Madam I Secretary. Senator Davidson. 1 SENATOR DAVIDSON: ' Mr. President, I think I have to move, because I want to table that Amendment No. 2 that caused a1l the controversy. And -- voted on the prevailing side, Ifd move to reconsider the vote which Amendment No. 2 was adopted to 3598, and then I wish to table it.
All right. Senator Davidson, having voted on the prevailing side, is moving to reconsider the vote by Which Amendment No. 2 ko House Bill 3598 has been adopted. All in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have it. The vote 's reconsidered. Senator Davidson noW moves to table Amendment No. 2 to House Bill 3598. A11 in favor of the Motion to Table, indicate by sayinq Aye. A1l opposed. The Ayes have it. The motion carries. Amendment No. 2 is tabled. Are there further amendments?
No further amendments.
3rd Reading. 3610. Senator Savickas. Page 16. 3633. Senator Dunn seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3633, Madam Secretary.
Amendment No. 2 <sic> (4) offered by Senator Thomas Dunn. PRESIDENT ROCK: 1 Senator Dunn.
Thank you, Mr. President. This deals with ritual child abuse. l42 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Senator Dudycz raised a question about religious ceremonies, and thks amendment addresses that and exempts religious ceremonies from this bill.
Senator Dunn has moved *he adoption of Amendment No. 2 <sic> (4) to House Bill 3633. Dàscussion? If noty al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Further amendments?
No further amendments.
3rd Reading. END OF TAPE TAPE 4
3692. Senator DeAngelis. Hello. Senator Dehngelis. 3692. You don 't have to. No -- nobody's forcing you. Senator DeAngelis seeks leave of the Bodyv reluctantly, to bring 3692 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Readin: is House Bill 3692, Madam Secretary.
Amendment No. 2 offered by Senator Demuzio.
Senator Demuzio.
Thank you: Mr. President, Ladies and Gentlemen of the Senate. 143 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 I This is an amendment I think every Member ln this Chamber Would l Want to be alerted to. We have this running debate each year l about enterprise zones, and each year we affix a ' numerical number j to the number of enterprise zones that ought to be awarded by the Department of Commerce and Community Affairs. Many of us have ' thought for a long time khat the entire State of Illinois ought to be an enterprise zone. And as a consequencer I have put forth this amendment that indicates that the procedure for applying for an enterprise zone is the same. It is still the certification by the Department of Commerce and Conmunity Affairs; however, it does afford every community in Illinois, Whether a size or -- in terms of numerical -- numerical numbers of popûlation or size, to have equal access to be in an enterprise zone, just like everyone else. And this is a matter of fairness, and therefore I would mave adoption of this amendment.
Senator Demuzio has moved the adoption of Amendment No. 2 to House Bill 3692. Discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. I not only find this amendment hostile; I find it dilatory, abusive: obnoxious, irrelevant, everything else. I mean, it's -- but I gave the sponsor a chance to plead his case. I'd like to ask him to withdraw his request to put this amendment on.
Senator Demuzio. SENATOR DEMUZIO: ' Wellz we've had a number of discussions about this amendmentr and we even had a discussion in committee. And you knoW it is the right thing to do. You know it is a matter of fairness to a1l of these communities Who do not have the same clout and political connections as other communitles do. And as a consequence, I 144 STATE OF ILLINOIS 87th GENERAL ASSEMBLY : REGULAR SESSION SENATE TRANSCRIPT I 124th Legislative Day June 24# 1992 1 believe that this is an amendment that ought to be voted on by j everyone and everyone in here ought to be able to support it. I ' mean, everybody in here wants an enterprise zone, in some capacitye in some part of their district, in some municipalitye and therefore I don't find this amendment dilatory and duplicative and all the rest of those adjectives that he's used -- used a few minutes ago. And I would move its adoption. PRESIDENT ROCK: Senator Delngelis. SENATOR DeANGELIS: Wellg this would not -- if this passed, you would not require property tax caps, because you would abolish property taxes with this, because enterprise zones don't pay property taxes. PRESIDENT ROCK: Purther discussion? Senator Rigney. SENATOR RIGNEY: Personallyy I think the amendment is an excellent amendment. When I look at al1 of those small Downstate communities that ought to have the same privileges as the others: and I would just like to have leave to go on as a co-sponsor of your bill, Senator DeAngelis, as soon a We get Demuzio's amendment on it. PRESIDENT ROCK: Further discussion? Senator O 'Daniel. SENATOR O 'DANIEL: Yes. Mr. President, I'm -- I'm opposed ko this amendment. When the enterprise zones were set up, they were set up for blighted areas and communities that were in need. If we make this ' just a blanket policyp hellz our blighted communities will still be at a disadvantage. They -- you know, the enterprise zone is there to help communities that have high unemployment and are blighted areas. Well, I think you know if we pass khis thing, iti11 be very detrimental to -- to some of our blighted l45 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 communities. ;
Further discussion? Senator Luft.
Thank you, Mr. President. I concur with Senator O 'Daniel. There was a purpose for this. I think the -- another thing that you should consider is that I'm not so sure the enterprise zones have done anything beneficial at all. I'm not so sure that they have been as successful as they provided. And one thing - the last thing you should consider - is that an enterprise zone : provides that area with a twenty-year abatement on property taxes, ; up to twenty years. I'm not so sure your school districts would be very happy. If you put an enterprise zone in every city and allowed khat enterprise zane to abate taxes up to twenty years, ' When they're struggling for funds already to survive, this Would ! only endanger the species known as the local school district. l PRESIDENT ROCK: i I A11right. Furtherdiscussion? SenatorSchuneman. ' j SENATORSCHUNEMAN: 1 : Thank you, Mr. President. I rise in opposition to the I Gentleman 's amendment. I think the last two speakers were exactly : right. Enterprise zones were created in Illinois for a good purpose. Thae purpose was to encourage business to go into areas ; that were depressed. NowwehavemanyareasinIllinoisWhoare 1 not depressed, and I could name a feW of them. But to give the same kind of kax breaks to every community in Illinois, whether they need this or not, I think would have the effect of continuing to see the erosion of business into those booming areas, and the loss of business in those areas where business needs some kind of I an incentive. I think the Gentleman's amendment is entirely out ! of order, and we ought ko reject it. j ! PRESIDENT ROCK: i 1 146 STATE OF ILLINOIS 87th GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT : 124th Legislative Day June 24z 1992 l 1 I Further discussion? Further discussion? Senator Demuzio, to close . i
Well, thank you, Mr. President. There's -- there's some confusion as to what this amendment, in fact, does, and let me clarify it very -- very succinctly. This changes none of the : criteriae none of the application process. Everything that's I i applicable to providing for the -- to qualify for an enterprise ' i I zone is still in the Statuke. Al1 this says is we take that the j I - - the numerical number out of the Statute. You still have to ! apply. You still have to apply to DCCA . And so you still have to, Senator O 'Daniel and Senator Lufty you still have to meet the same I criteria if you were applying for an enterprise zone today. The i only thing this thing does is it takes the cap off and says thak DCCA still makes the decision, but it's not limited to twelve or ; thirteen or fifteen or whatever we in the Legislature decide that numerical number to be. That's al1 this does. It simply takes the cap off and allows everyone the opportunity, under the same criteria that's currently in the Statute, to apply and be eligible and be competitive. I would move its adoption.
Senator Demuzio has moved the adoption of Amendment No. 2 to House Bill 3692. Those in favor Will vote Aye. Opposed Will vote Nay. And the voting is open. Have all voted Who Wish? Have al1 voted who wish? Have all voted Who Wish? Have a11 voted who wish? Take the record. On that question, there are 13 Ayes, 33 Nays, 3 voting Present. The amendment fails. Further amendments?
No further amendments. PRESIDENT ROCK: ' 3rd Reading. Page 17 on the Calendar. Senator Topinka . 3739. Senator Topinka seeks leave of the Body to return House Bill 3739 i 147 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24y 1992 . to the Order of 2nd Reading for purposes of an amendment. Is i leave granted? Leave is granted. On the Order of House Bills 2nd 1 Reading is House Bill 3739, Madam Secretary.
Amendment No. 4 offered by Senator Topinka.
Senator Topinka.
Yes. Mr. President and Ladies and Gentlemen of the Senate, this amendment is an aqreed amendment between the Chicago Board of Education and the Chicago Teachers' Union, that revises the provisions of the School Code dealinq with supernumerary teachers in Chicago. And if I may take a little more time: because I think a lot of people have an interest in this particular issue. The amendment would provide that one year after a teacher becomes a supernumerary teacher, that person may be honorably dismissed by the Chicago Board of Education, unless one or more of the following three things occur: the supernumerary obtains a certificate to teach in a needed position; the person enrolls in and is successfully completing courses that lead to certification to teach in a needed position; or the person has been permanently assigned to a position by a principal, subdistrict superintendent or the general superintendent. The amendment also provides that the general superintendent may assign supernumeraries to teaching positions if both of the following occur: the supernumerary has applied for at least three new or vacant positions and has not been selected; and the position to whkch the supernumerary is assigned has been vacant for at least three months. That's What the amendment does.
senator Topinka's moved the adoption of Amendment No. 4 to House Bill 3739. Discussion? If not, a11 in favor, indicate by ' j l48 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legkslatkze Day June 24e 1992 saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Further amendments?
No further amendments.
3rd Reading. 3769. Senator Topinka seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted . On the Order of House Bills 2nd Reading is House Bill 3769, Madam Secretary.
Amendment No. 4 offered by Senator Topinka.
Senator Topinka.
Mr. President, Ladies and Gentlemen of the Senatey Amendment No . would require DCPS to appear in addition to, instead of in place of, the private agency.
Senator Topinka's moved the adoption of Amendment No. 4 to House Bill 3769. Discussion? If not, a1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?
Amendmenk No. 5 offered by Senator Topinka.
genator Topinka, on Amendment No. 5.
This would require the court to put in writing the reasons for. DCFS'S required appearance.
Senator Topinka has moved the adoption of Amendment No. 5 to House Bill 3769. Discussion? If not, a11 in favor, indicake by 149 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 saying Aye. A11 opposed. The Ayes have it. The amendment's adopted. Are there further amendments?
.. . lmachine cutoffl...further amendments.
3rd Reading. Page Senator Dart seeks leave of the Body to return House Bill 3986 to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3986, Madam Secretary.
Amendment No. 1 offered by Senator Dart.
Senator Dart, on Amendment No. 1.
Thank you, Mr. President and Members of the Senate. This would remove the substance of the bill and add a technical amendment. There's negotiations going on right now to straighten out this bill dealing with battered spouse syndrome. I'd ask for its adoption.
Senator Dart's moved the adoption of Amendment No. 1 to House Bill 3986. Discussion? If not, al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Further amendments?
No furEher amendments.
3rd Reading. 4025. On page l8. Top of page l8. Senator Welch seeks leave of the Body to return House Bill 4025 to the Order of 2nd Reading for purposes of an amendment. Is leave qranted? Leave is granted. On the Order of House Bills 2nd l50 STATE oF ILLzxozs 87tREGULAR h GENERAL ASSEMBLY sEsslox 1 ! . SENATE TRaxscnlpT I ! I 124th Legislative Day June 24, 1992 Reading is House Bill 4025, Madam Secretary.
Amendment No. 1 offered by Senator Welch. '
Senator Welch.
Thank you, Mr. President. What this amendment does is ik cuts in half the amount of money that is allowed to qo from the Environmental Protection Agency funding to the Pollution Control Board. The underlying bill allowed an additional hundred and seventy-five thousand dollars in increased funding for Pollution Control Board. In committee, it was opposed by the Environmental Protection Agency and supported by the Pollution Control Board. Webre hoping to come to some agreement on this. So this would change the amount to one-half of that amount being allowed to be transferred to the Pollution Conkrol Board. I'd be glad to answer any questions. : ;
Gentleman has moved the adoption of Amendment No. l to House Bill 4025. Discussion? Senator Macdonald.
Will the sponsor yield for a question?
He indicates he will yield, Senator Macdonald. SENATOR MACDONALD: ! Senator Welch, with the reduction of the amount of this money, have the Environmental Protection Agency removed their objection to this bill?
Senator Welch .
I don't think it'll remove their total objection; itdll remove l51 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24# 1992 half of it.
Senator Macdonald.
That's a good answer.
Furkher discussion? Senator Weaver.
Thank you, Mr. President. A question of the sponsor.
Indicates he Will yield, Senator Weaver.
Senator Welch, is this going to reduce the amount of money that the Pollution Control Board will have in their operating budget? I think weîve already cut them . Is this going to further reduce their -- their revenues?
Senator Welch.
The Pollution Control Board has asked for increased funding by way of taking money away from the Environmental Protection Agency. The Environmental Protection Agency has this money in funds for cleanups throughout the State of Illinois. Pollution Control Board says, ''We're more deserving of a hundred and seventy-five thousand dollars than those cleanups in your district.'' So to the exkent Ehak there would be more money available ko the Pollution Control Board, yes, but it would be a dollar-for-dollar decrease in money available to the Environmental Protection Agency.
Further discussion? If not, Senator Welch has moved the adoption of Amendment No. l to House Bill 4025. All in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The ! l52 ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY j REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 i amendment's adopted. Further amendments? SECRETARY HAWKER : No further amendments. PRESIDENT ROCK: ' 3rd Reading. Page l8, 4188. Senator Dart seeks leave of thA Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 4188. Senator ï Dart. i SENATOR DART: ; Thank you, Mr. President, Members of the Senate. Havin: voted ! on the prevailing side, I'd move to reconsider the vote by which Amendment No. l was adopted for purposes of tabling it. ! PRESIDENT ROCK: A1l rkght. Senator Dart has moved to reconsider the vote by ! which Amendment No. 1 to House Bill 4188 was adopted. A1l in favor of the Motion to Reconsider, indicate by saying Aye. A11 opposed. The Ayes have it. The vote's reconsidered. Senator Dart now moves to table Amendment No. 1 to House Bill 4188. Discussion? If notr all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The amendment is tabled. Purther amendmenks? SECRETARY HAWKER: Amendment No. 2 offered by Senator Dart. PRESIDENT ROCK: Senator Dart. SENATOR DART: Thank you, Mr. President and Members of the Senate. Amendment No. 2 is identical to Amendment No . 1, With a technical change that was suggested by staff. Iîd move for its adoption. . PRESIDENT ROCK: Senator Dart's moved the adoption of Amendment No . 2 to House 153 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 Bill 4188. Discussion? If not, all in favor, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?
Amendment No. 3 offered by Senator Dàrt.
Senator Dart, on Amendment No. 3.
Thank you, Mr. President and Members of the Senate. Amendment No . 3 was suggested by the clerk's office and the Chief Judge 's office as a compromise in dealing with the restitution orders. I'd move for its adoption.
Senator Dart's moved the adoption of Amendment No. 3 to House Bill 4188. Discussion? If not, all in favor: indicate by saying Aye. All opposed. The Ayes have The amendment's adopted. Are there further amendments?
No further amendments.
3rd Reading. Senator Dunn, I understand we have to make a technical change with -- Ladies and Gentlemen, if you dll go halfway up the list, you'll see again on page 16 House Bill 3633. Senator Dunn seeks leave of the Body to return that bill to the Order of 2nd Reading for the purpose of tabling an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bill 3633. Senator Dunn.
Thank you, Mr. President. I move to table Amendment No.
Senator Dunn, having voted on the prevailing side, is moving to reconsider the vote by which Amendment No. 2 to House Bill 3633 154 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day June 24, 1992 has been adopted. All in favor of the Motion to Reconsider, indicate by saying Aye. All opposed. The Ayes have it. The vote's reconsidered. Senator Dunn now moves to table Amendment No. 2 to House Bill 3633. Discussion on the Motion to Table? If not, all in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The motion carries, and Amendment No. 2 is tabled. Are there further amendments?
No further amendments.
3rd Reading. Resolutions.
Senate Resolution 1440 offered by Senator Smith, President Rock and al1 Members. Senate Resolution 1441 offered by Senator Smith. Senate Resolution 1442 offered by Senator Demuzior President Rock and al1 Members. Senate Resolution 1443 offered by Senator Demuzio, President Rock and all Members. And Senate Resolution 1444 offered by Senator Topinka. They're al1 congratulatory and death resolutions.
... tmachine cutofflo..resolutions be placed on the Consent Calendar. Any further business to come before khe Senate? Any announcements? Senator Geo-Karise for What purpose do you arise?
Mr. President and Ladies and Gentlemen of the Senate, there will be a Republican Caucus immediately after this Session...
A1l right. A Republican Caucus...
.. . in Senator Philip -- Senator Pate Philip's Offices. 155 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislatkve Day June 24, 1992
Republican Caucus immediately in Senator Philipfs Office. Purther business to eome before the Senate? If not, Senator Vadalabene moves that the Senate stand adjourned until Thursday, June 25th - tomozrow - at the hour of 10:00 a.m. Ten o 'clock tomorrow morning, Ladies and Gentlemen. The -- Senate stands adjourned till ken o'clock tomorrow morning. l56 REPORT: TIFLDAY STATE 0F ILLINOIS 93/07/09 PAGE: O0t 8YTH GENERAL ASSEMBLY 08:5:J34 SENATE DAILY TRANSCRIPTION OF OEBATE INDEX JURE 2:.. :992 HB- :081 RFCALLED H3-1181 THIRO READING HB-t5t6 SECGND READING HB-1680 THIRO READING H3-1852 THIRD READING HB-1890 THIRD READING H3- :910 H0TION H8-2*33 THIRD READING 8:-2434 THIRD REAOING Hb-269T THIRO READING HB-27t1 THIRD READING 83-2T23 THIMO READING 83-2755 THIRD READING H8-2767 RECALLED HB-282# RECALLED H3-2:2* MOTION H8-29:6 RECALLED 88-2927 RECALLEO H:-2950 THIRO READING HB-295# THIRD READING H8-2987 FHIRD READING H8-299# THIRD READING H8-3029 THIRO READING H8-3032 SECOND READING H2-3072 THIRD READING H6-3105 TH; RD READING H8-3139 THIRD READIIMG H8-3175 RECALLED H8-3185 THIRD READING H2-3201 THIRD READING H8-32#6 SECOND REAOING 118-3261 THIR9 READING 8w-3266 SECOND READING HB-328t THIRO READING H:-3282 THIRO READING H5-3315 THIRD READING H8-337# R6C ALLED 8/-3385 THIRD READING H8-339* THIRD READJNG H6-3#10 THIRD READING Hu-3G18 THIRD READING HB-3*37 SHIRD READIQG H8-34#5 THIRD READING Ho-3&5G SECOND READING 98-3#79 THIRD READING H3-3*83 THIRD REAOING H5-3:93 THIRD READING H8-3#95 THIRO READING H8-3513 THIRD READING 93-3563 THIRD REJDING H8-3587 RECALLED H8-3598 RECALLED H2-3598 THIRD READING 98-3:33 RECJLLED H3-3633 RFCALLED 83-3651 YHIRO READING 88-362: REPALLED H8-3692 RECALLEO H8-3592 RECALLED H8-3:95 FHIRD READING H:-3707 THIR: R64DING Hb-3739 RELALLED H8-3769 RECALLED 88-3807 SECOND READING REPORT: TIFLDAY STATE OF ILLINOIS 93/07/09 PAGFI o02 O7TH GENERAL ASSEMBLY 08:5#:3# SENATE DAILY TRANSCRIPTION 0F DEBATE INDEX JUNE 2#, 1992 91-3843 THIRD READING PAGE 93-3857 RECALLED PAGE H8-3817 THIRD READING PAGE H3-3882 THIRD READING PAGE H8-386* SECOND REAOING PAGE H8-3898 THIRD RE/DING PAGE b8-3902 THIRO READING PAGE H:-3988 RECALLED PAGF Ho-#025 RECZLLED PAGE HB-4027 FHiRD READING PAGE HB-#039 THIRD READING PAGE H2-#119 THIRD READING PAGE 98-4163 THIRD READING PAGE H3-4186 RECALLED PAGE 5R-1352 OV9ER PAGE SR- 1#3* ADOPTED PAGE SR-1#38 REZOLUTION OFFERED PAGE SR-l#39 RESOLUTION OFFERED PAGE ZR-L#40 RESOLUTION UFFERED PAGE SR-1##I RESSLUTION OFFERED PAGE SR-1##2 RESOLUTION OFFERED PAGE SR-1##3 RESOLUTION OFFERED PAGE SR-l*## RESDLUTION OFFERED PAGE SUBJECT MATTER SENATE T0 ORDER - PRESIDENT ROCK PAGE 1 PRAYER - REV. HILLIAI; HANNEFORD PAGE l JOURNAL - APPROVED 'PAGE t JOURNALS - POSTPONED PAGE L MESSAGES FROM THE HOUSE PAGE 2 INTRODUCTION OF GUESTS - SENATOR SEVERNS PAGF 64 REMARKD BY COACH HARBECK PAGE 65 SENATE AT EASE PAGE l36 SENATE RECONVENES PAGE 136 ADJOURNNENT PAGE 156