The hour of nine having arrived, the Senate Will please come to order. If our Members will be in their seats and our friends in the gallery would please rlsez we will have the prayer this morning by Pastor Duke, the Zion Lutheran Church, Pleasant Plains. Pastor Duke.
(Prayer by Pastor John Duke)
Mr. Secretary, the reading and the approval of the Journal. Senator Butler, are you there?
I'm here. Mr. President, I move that reading and approval of the Journals of Tuesday, April 13th, and Wednesday, April 14th, in the year 1993, be postponed, pending arrival of the printed Journals.
Senator Butler moves to postpone the reading and the approval of the Journaly pending the arrival of the printed transcript. There being no objection, so ordered. The Illinois Information Service has requested permission to tape the Session today. Is there any objection? No objection. Leave is granted. Senator Lauzen. SENATOR LAUZEN; Thank youy Mr. President. Yesterday I Was recorded, inadvertently, as a No vote on -- or a nonvote -- a nonvote on 381, and I'd like to have that changed for the record to a Yes vote.
With -- with leave. Leave is granted. The record will so indicate. Senator Geo-Karis, for what purpose do you arise?
l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Mr. President, Ladies and Gentlemen of the Senate, just to report that Senator Robert Raica is still convalescing from his...
The record Will so indicate. Committee Reports.
Senator Maitland, Chair of the Committee on Appropriations, reports that the motion by Senator Maitland to concur With House Amendment No. l to Senate Bill 3l2 Be Approved for Consideration.
Messages from the House.
A Message from the House by Mr. Rossiy Clerk. Mr. President - I am 'directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution No . 6. Adopted by the House, April l4, 1993. It's substantive. A Message from the House by Mr. Rossi, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has passed bills of the followlng titles, in the passage of which am instructed to ask the concurrence of the Senate, to wit: House Bills 78, 79, 98, 473: 510, 639, 771, 775, 1750 and 2046. Passed the House on April l4, 1993. We have like Messages on the following House Bills: 134, 553, 554, 978, 1009, 1145, 1146, 1290, 1489, 1526, 113, 317, 380, 444, 454, 650, 732, 904, 930 and 2360: and House Bills 467, 506, 772, 991, 1352, 1354, 1497, 1595, 1719 and 2043. Al1 passed the House, April l4, 1993. 2 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
House Bills 1st Reading.
Senators Dudycz and DeLeo offer House Bill 391. (Secretary reads title of bill) House Bill 502, by Senator Watson. (Secretary reads title of bill) House Bill 505, by Senator Karpiel. (Secretary reads title of bill) Senator Watson offers House Bill 525. (Secretary reads title of bll1) Senators O'Daniel and Ralph Dunn offer House Bill 821. (Secretary reads title of bil1) House Bill 844 is offered by Senator Hawkinson. (Secretary reads title of bill) House Bill 1305, offered by Senators Garcia and del Valle. (Secretary reads title of bill) House Bill 1409, by Senators Hasara and Elenm . (Secretary reads title of bill) House Bill 1451, by Senator Hawkinson. (Secretary reads title of bill) And House Bill 2187 is offered by Senator Watson. (Secretary reads title of bill) 1st Reading of the bills.
If I could have your attention for a minute -- and I would like to explain to you what wepre going to be doing today . We're going to go to 2nd Readings now, and then 3rd Readings, and I lntend on staying here later this evening, probably 6:30-7 o'clock. Hope you a11 understand that. And then tomorroW , those people who like to leave a little early, would -- wefre going to stay here maybe till 4:30. We have -- I want to run through the 3 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Calendar at least one time on 3rd Readings. And so it's my lntention tomorrow, for al1 those guys that want to flee early, that we're going to be on 3rd Readings tomorrow, and we're going to probably work into -- to early afternoon. So I Would hope that everyone would would be here. That's the intention of the Chalr. want to get this Calendar cleaned up. I Want everybody to have a shot at their bill on 3rd Reading by the time We leave at least one time. When we come back next week, of course, you 'll have one more shot at your bills. So, I hope everybody takes that into consideration. 2nd Readings. The top of page 2. Senator Denuzio.
Thank your Mr. Presldent. That means also that we're still going to have the committees' hearings on -- on tomorrow . So, are we going to come back after the committee hearings?
That's correct.
Thank you.
Yeah, there still are a 1ot of amendments. We certainly want to give all those amendments a hearing. We intend on doing that. Well, it's a matter of opinion, Senator. A11 right. Top of page 2 on your Calendar, 2nd Readings. Senate Bill 3. Senator Barkhausen. Do you -- read the bill.
Senate Bill 3. (Secretary reads title of bill) 2nd Reading of the blll. The Committee on Judiciary adopted one amendment.
Have there been any Floor amendments approved for 4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5: 1993 consideration?
No further amendments reported, Mr. President.
3rd Reading. Senate Bill Senator DeAngelis. Read the bill, Mr. Secretary.
Senate Bill 5. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendments No. 1 and 2.
Have khere been any Floor amendnents approved for consideratlon?
No further amendments reported , Mr. President.
3rd Reading. Senate Bill l7. Senator Cullerton. Senator Cullerton? Take it out of the record. Senate Bill 38. Senator Maitland. Senator Maitland? Take it out of the record. Senate Bill 38. Excuse me. Senate Bill 47. Senator Farley. Take it out of the record. Senate Bill 52. Senator O'Ma11ey. Read the bill.
Senate Bill 52. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted Amendments No. 1, 2 and 3.
Are there any further amendments that have been approved for consideration?
5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 The Committee on Rules has recommended for consideration Amendment No. 4, offered by Senator O 'Malley.
Senator O 'Malley.
Mr. President, Senate -- this particular amendment is a technical amendnent, and I'd move its adoption.
Any further discussion? Any further discussion? Senator Shaw, for what purpose do you arise? SENATOR SHAW) Yes. I didn't understand what the Amendment No. 2 did. Could he explain Amendment No. 2?
Senator O'Ma11ey.
I belleve -- Amendment No. 2 is merely technical, and Was offered by the committee, as well.
Senator Cullerton. Oh, excuse me. Senator Shaw .
You only adopted one amendment, and that's Amendment No. 2 here. Is that right? Ohy you're -- you 're adopting three amendments. What -- could we -- could we explain what -- What those three amendments do?
Senator O 'Malley.
It's my understanding, Senator, that Amendments 1, 2 and 3 were adopted by the committee -- in committee, excuse me. So we...tmicrophone cutoffl...
6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Any further discussion? Senator O 'Malley moves the adoption of Amendment No. 4 to Senate Bill 52. All those in favor, signlfy by saying Aye. Those opposed, Nay. The amendment is adopted. Further amendments?
No further amendments, Mr. President.
3rd Reading. Senate Bill 60. Senator Mahar. Read the bill.
Senate Bill 60. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted one amendment.
Are there any further amendments that have been...
No further amendments, Mr. President.
3rd Reading. Senator -- Senate Bill 85. Senator Woodyard. Read the bill.
Senate Bill 85. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
3rd Reading. 0h, excuse me. Have there been any further amendments that have been approved by the -- for consideration?
No further amendments reported, Mr. President.
3rd Reading. Senate Bill 95. Senator Woodyard. Read the bill. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Senate Bill 95. (Secretary reads tltle of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendments l and
Have there been any further amendments approved...
Floor Amendment No. 3, offered by Senator Berman, has been reported Be Adopted by the Revenue Committee.
Are there any -- Senator Berman. Senator Berman, on your -- your amendment.
Do you want it explained: Mr. President, or just move to adopt?
I suppose we ought to have a short explanation of your amendment.
A1l right. This requires that the counties list the street or common address of delinquent parcels on the combined notice that's provided for in the bill.
would appear the sponsor agrees with your amendment. Any further dlscusslon? If not, a11 those in favor, signify by saying Aye. Those opposed, Nay. The amendment is adopted. Any further amendments?
No further amendments.
3rd Reading. Senate Bill 96. Senator Barkhausen. Read the 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 bill.
Senate Bill 96. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Are there any further amendments?
The Committee on Commerce and Industry has recommended that Be Adopted, Amendment No. offered by Senator Barkhausen.
Senator Barkhausen.
Mr. President and Menbers, Amendment No . 2 to Senate Bill 96 limits the time that a grievance procedure would be able to work from one year down to a hundred and eighty days. rt makes the bill, I think, a little more acceptable to those Who had some problems with the original period of time of one year. And I move the adoption of the amendment.
Any further discussion? Al1 -- a11 those in favor, signify by saying Aye. Those opposed. The amendment is adopted. 3rd Reading -- any further amendments?
No further amendments.
3rd Reading. Senate Bill 97. Senator Barkhausen. Read the bill.
Senate Bill 97. (Secretary reads title of bi11) 2nd Reading of the bill. No committee amendments. 9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Have there been any Floor amendments that have been approved for consideration?
The Committee on Conmerce and Industry has recommended for consideration Amendment No. 2, offered by Senator Barkhausen.
Senator Barkhausen.
Thank you, Mr. President and Members. Senate Bill 97 provides the defense for the provision of truthful information by a former employer regarding an employee 's record of employment with that employer. It -- Amendnent No. 2 limits the defenses that an employer would have under this bill, to make it clear that the information would have to be provided by the former employer and furthermore limits the recovery of attorney's fees to to fees that would be incurred by the employer in defending an action regarding information that, in fact, had been truthful with regard to the record of employment of that former employee. And I urge its adoption.
Further discussion? Senator Cullerton.
Yes. Thank you, Mr. President. We have a little glitch here on thls particular bill and the last one. We didn't get a copy of the amendment, so we were unaware of the fact that the amendment was adopted by committee. I'm just curious if we have a -- a copy of this anendment available.
Mr. Secretary, do We have a copy available? You know r I've been informed by the Secretary, it should have been distributed. He doesn't have an extra copy. He certainly will have a copy made, 10 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leglslative Day April l5, 1993 and we'll see that you get it. They've all been distributed , I've been 1ed to believe, on green paper. So you should have it on your desky Senator. On the amendment - to adopt Amendment No. 2 to Senate Bill 97. A1l those in favor, signify by saying Aye. Those opposed, Nay. Ayes have ik. The amendment is adopted. Are there any further amendments?
No further amendments, Mr. President.
3rd Reading. Senate Bill 104. Senator Petka. Senator Petka, 1047 Read the bill.
Senate Bill 104. (Secretary reads tikle of bill) 2nd Reading of the bill. The Committee on Commerce and Industry adopted one amendment.
Any further amendments?
No further amendments, Mr. President.
3rd Reading. Senate Bill 105. Senator Woodyard. Read the bill.
Senate Bill 105. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted one amendment.
Are there any further amendnents?
No further amendments reported, Mr. President. 11 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
3rd Reading. Senate Bill 149. Senator Geo-Earis. Senator Geo-Karis. Read the bill.
Senate Bill 149. (Secretary reads title of bi1l) 2nd Reading of the bill. The Committee on Public Hea1th and Welfare adopted one amendnent.
Are there any further amendments?
The Committee on Public Hea1th and Welfare also recommended Be Adopted , Floor Amendment No. 2, offered by Senator Garcla.
Senator Garcia. Senator Garcia, on Amendment No. 2.
Thank you, Mr. President. Amendment No. 2 exempts certain child care programs operated as an integral part of a ministry by churches... Sorry, this is the wrong one. It deals with health and safety requirements for day care centers. It was adopted ln committee.
Any further discussion? Are there any further amendments? Okay. Al1 those in favor, signify by saying Aye. Those opposed, Nay. Ayes have it. The Amendment No. is adopted. Any further anendments?
No further amendments.
3rd Reading. Senate Bill 160. Senator Barkhausen. Read the bill.
12 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senate Bill 160. (Secretary reads title of bi11) 2nd Reading of the bill. No committee or Floor amendments, Mr. President.
Are there any further amendments? 3rd Reading. Senate Bill 180. Senator Cullerton. Read the bill.
Senate Bill 180. (Secretary reads title of bill) 2nd Reading of the bill. No comnittee amendments.
Are there any further amendments?
No amendments have been reported, Mr. President.
3rd Reading. Senate Bill 207. Senator Cullerton. Take it out of the record. Senate Bill 209. Senator Mccracken. Take out of the record. Senate Bill 227. Senator Maitland. Take out of the record . Senate Bill 232. Senator Weaver. Read the bill.
Senate Bill 232. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Any further anendments?
No further amendnents have been reported, Mr. President.
3rd Reading. Senate Bill 341. Senator Fitzgerald. Senator Fitzgerald? Take it out of the record. Senate Bill 345. Take it 13 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 out of the record. Senate Bill 360. Senator Barkhausen. Read tbe bill.
...Bi11 360. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Any Floor amendments?
No Floor amendments have been reported, Mr. President.
3rd Reading. With leave, We '11 go back to Senate Bill 345. Senator Mccracken. Read the bill.
Senate Bill 345. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. President.
Any further amendments?
No further amendments.
3rd Readlng. Senate Bill 380. Senator Cronin. Senate Bill 380. Read the bill.
Senate Bill 380. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment.
Are there any further amendments? STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll 1993
No further amendments have been reported.
3rd Reading. Senate Bill 384. Senator DeAngelis. Senator DeAngelis. Read the btll.
Senate Bill 384. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment.
Have there been any other Floor amendments that have been approved for consideration?
No further amendments reported, Mr. President.
3rd Reading. Senate Bill 387. Senator DeAngelis. Read the bill.
Senate Bill 387. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Are there any further amendments?
No further amendnents have been reported, Mr. President.
3rd Reading. Senate Bill 433. Senator Hawkinson. Senator Hawkinson? Read the bill.
Senate Bill 433. (Secretary reads title of bill) 15 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislaeive Day April l5, 1993 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
Are there any further amendnents?
No further anendments have been reported, Mr. President.
3rd Reading. Senate Bill 447. Senator Barkhausen. Take it aut of the record. Senate Bill 448. Senator Barkhausen. Read the bill.
Senate Bill 448. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Any further amendments?
No further amendments have been reported, Mr. President.
3rd Reading . Senate Bi11 452. Senator Barkhausen. Take out of the record. Senate Bill 453. Senator Barkhausen. Read the bill.
Senate Bill 453. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted one amendment.
Are there any further amendments?
No further amendments have been reported, Mr. President.
16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 3rd Reading. Senate Bill 473. Senator Berman. Take it out of the record. Senate Bill 498. Senator Butler. Take it out of the record. Senate Bill 499. Senator Butler. Take it out of the record . Senate Bill -- Senate Bill 524. Senator Donahue. Senator Donahue. Take it out of the record. Senate Bill 533. Senator Madigan. Read the bill.
Senate Bill 533. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Activities adopted Amendment No. 2.
Are there any further amendments?
No further amendments.
3rd Reading. Senate Bill 548. Senator DeAngelis. Read the bill.
Senate Bill 548. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment.
Are there any further amendments?
No further amendments have been reported, Mr. President.
3rd Reading. Senate Bill 549. Senator DeAngelis. Read the bill.
Senate Bill 549. 17 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll l5, 1993 (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Revenue adopted one amendment.
Are there any further amendments?
No further amendments.
3rd Reading. Senate Bill 551. Senator Lauzen. Senator Lauzen? 551. Read the bill.
Senate Bill 551. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment.
Are there any further amendments?
The Committee on Revenue also recommended Be Adopted, Floor Amendment No . 3, offered by Senator Lauzen.
Senator Lauzen, explain the amendnent.
It's a clarification of property that qualifies for investment tax credit under the Illlnois Tax Code.
Any further discussion? Senator Cullerton.
Yes. Would the sponsor yield?
The sponsor indicates he will yield. Senator Cullerton.
18 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 senator -- Senator Lauzen, are you going to ask for a roll call on this anendment, or do you want this adopted by a voice vote?
We've been doing by voice vote. If you want a roll call, we certainly -- youdre entitled to that roll call.
No, Mr. President, I just wanted...
Senator Lauzen.
Mr. President, I just wanted to indicate that I understand that Senator Lauzen passed his first bill yesterday, but he...
You knowz I -- I've heard that rumor too .
But he forgot to vote for
I don't think that's true.
So, I I Wanted to know if he Wanted a roll call on this one so he could get -- get on the record.
Very good. Al1 right. On -- on the amendment: the adoption of Amendment No. 3 to Senate Bill 551. Al1 those in favor, signify by saying Aye. Those opposed, No. Ayes have it. The amendment is adopted. 3rd Reading. Are there any further amendments? Excuse me.
No further amendments, Mr. President.
Senate Bill 590. Senator DeAngelis. He's still in his seat. 19 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15: 1993 I can't believe it. Read the bill. SECRETARY WAPRY: Senate Bill 590. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDENT PHILIP: Are there any further amendments? SECRETARY HARRY: The Rules Committee has approved for consideration Floor Amendment No. 1r offered by Senator DeAngelis. PRESIDENT PHILIP: Senator DeAngelis, on Floor Amendment No. Are you there? Do you want to explain your amendment? Oh, it's a technical amendment. Any discussion? A11 those in favor, signify by saying Aye. Those opposed, Nay . Ayes have it. The amendment is adopted. 3rd Reading. Senate Bill whoop. Take it out of the record. Senate Bill 597. Senator Mahar. Senator Mahar? Read the bill. SECRETARY HARRY: Senate Bill 597. (Secretary reads title of bill) 2nd Reading of the bill. The Conmittee on Environment and Energy adopted Amendments No. and 2. PRESIDENT PHILIP: Are there any further amendnents? SECRETARY HARRY: No further amendments reported, Mr. President. PRESIDENT PHILIP: 3rd Reading. Senate Bill 598. Senator Barkhausen. Read the bill. SECRETARY HARRY: Senate Bill 598. 20 K STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Instltutions adopted Amendment No. 1.
Are there any further amendments?
No further amendments.
3rd Reading . Senate Bill 609. Senator Maitland. Senator Maitland? Take out of the record. Senate Bill --- take it out of the record . Senate Bill 616. Senator Woodyard. Take it out of the record. Senate Bill 617. Senator Barkhausen. Read the bill.
Senate Bill 617. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Any further amendments?
No further amendments.
3rd Reading. Senate Bill 625. Senator Karpiel. Take it out of the record . Senate Bill 632. Senator Dunn. Senator Ralph Dunn. Take out of the record. Senate Bill 642. Senator Dudycz. Take it out of the record. Senate Bill 650. Senator Barkhausen. Read the bill.
Senate Bill 650. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment. 21 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5: 1993
Any further amendments?
No further amendments.
3rd Readlng. Senate Bill 651. Senator Barkhausen. Read the bill.
Senate Bill 651. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Any furkher amendments?
No Floor amendments.
3rd Reading. Senate Bill 652. Senator Barkhausen. Read the b111.
Senate Bill 652. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Any further amendments?
No Floor amendments.
3rd Readinç . Senate Bill 671. Senator Maitland. Take it out of the record. Senate B111 672. Senator Fawell. Take it out of the record. Senate Bill 677. Senator Maitland. Take it out of the record. Senate Bill 678. Senator Cronin. Read the bill.
22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Senate Bill 678. (Secretary reads title of bill) 2nd Readin: of the bill. The Committee on Judiciary adopted Amendnents No. 1 and 2.
Are there any further amendments?
Committee on Judiciary reported Be Adopted, Ploor Amendment No. 6, offered by Senator Tom Dunn.
Senator Dunn, on Amendment No . Will you explain the amendment, Senator Dunn? It would appear the sponsor's happy with it.
Thank you, Mr. President. What this amendment does is it requires the court to notify a minor, when thae minor is a -- been alleged a delinquent, that he is HIV positive. And what this amendment does is to broaden the scope of the notification so it notifies the victimy as well. And if that victim is a mlnor, then the notification will go to the parent or guardian.
Any further discussion? Senator Cronin.
just wanted to rise in support of the amendment. It improves the bill. I urge an Aye vote.
All right. On Senate Amendment No. 6 to Senate Bill 678, a1l those in favor, signify by saying Aye. Those opposed, Nay. Ayes have it. The the amendment is adopted. Any further amendments?
No further amendments. 23 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislattve Day April 1993
3rd Readtng. Senate Bill 714. Senator Dudycz. Take it out of the record. Senate Bill 743. Senator Butler. Take it out of the record . Senate Bill 756. Senator Madigan. Read the bill.
Senate Bill 756. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Activities adopked Amendment No. 1.
Any furtber amendments?
The Insurance Committee reported Be Adopted, Amendment No . 3, offered by Senator Madigan.
Senator Madiçan, on Amendment No . 3.
Thank youy Mr. Presidenk. Amendment No. 3 to Senate Blll 756 is technical in nature only: and I would ask for its adoption.
Further discussion? On Amendment No. 3 to Senate Bill 756: a1l those in favor, signify by saying Aye. Those opposed, Nay. Ayes have it. The amendment is adopted. 3rd Reading. Further amendments?
No further amendments reported, Mr. President.
3rd Reading. Senate Bill 759. Senator Petka. Senator Petka. Read the bill.
Senate Bill 759. (Secretary reads title of bill) 24 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 2nd Reading of the bill. No committee amendments.
Any Floor amendments?
The Rules Committee approved for consideration Amendment No. 1, offered by Senator Cullerton.
Senator Cullerton, on Amendment No. l to Senate Bill 759.
Thank you, Mr. President. I would move for the adoption of Amendment No. which is technical in nature.
Any further discussion? Any further discussion? Senate Amendment No. l to Senate Bill 759. A11 those in favor, signify by saying Aye. Those opposed, Nay. Ayes have it. The amendment is adopted. Any further amendments?
No further amendments.
3rd Reading. Senate Bill 764. Senator Karpiel. Take it out of the record. Senate Bill 766. Senator DeLeo. Senator DeLeo? Take it out of the record. Senate Bill 770. Senator Mccracken. Take it out of the record. Senate Bill 779. Senator Petka. Take out of the record. Senate Bill 840. Senator Barkhausen. Take out of the record. Senate Bill 851. Senator Mahar. Read the bill.
Senate Bill 851. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted Amendment No .
25 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 Any further amendments?
The Rules Committee approved for consideration Floor Amendment No. offered by Senator Mahar.
Senator Mahar.
Thank you, Mr. President. This is a technical amendment, and I would move its adoption.
Further discussion? If not, on Senate Amendment No. to Senate Bill 851, al1 those in favor, signify by saying Aye. Those opposed, Nay. Ayes have it. The amendment is adopted. Any further amendments?
No further amendments.
3rd Reading. Senate Bill 888. Senator Barkhausen. Take out of the record. Senate B1ll 891. Senator Barkhausen. Read the bill.
...Bi11 891. (Secretary reàds title of bill) 2nd Reading of the bill. The Committee on Financlal Institutions adopted Amendnent No.
Any further amendments?
No further amendments.
3rd Reading. Senate Bill 892. Senator Barkhausen. Read the bill. 26 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Senate Bill 892. (Secretary reads title of bill) 2nd Reading of the bill. No committee anendments.
Any further amendments?
No Floor amendments.
3rd Reading. Senate Bill 893. Read the bill.
Senate Bill 893. (Secretary reads title of bill) 2nd Readlng of the bill. No committee amendments.
Any further amendments?
No Floor amendments.
3rd Reading . Senate Bill 900. Senator Mccracken. Take out of the record . Senate Bi11 904. Senator Barkhausen. Read the bill.
Senate Bill 904. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Are there any Floor amendnents?
No Floor amendments.
Reading. Senate Bill 907. Senator Hawkinson. Read the 27 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 bill.
Senate Bill 907. (Secretary reads title of bill) 2nd Reading of tùe bill. No committee amendnents.
Are there any Floor amendments?
No Floor amendnents.
3rd Reading. Senate Bill 910. Senator Barkhausen. Read the bill.
Senate Bill 910. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce and Industry adopted Amendment No .
Are there any Floor amendments?
No further amendments, Mr. Presldent.
3rd Reading. Senate Bill 935. Take out of the record . Senate Bill 940. Senator Weaver. Read the bill.
Senate Bill 940. (Secretary reads title of bill) 2nd Reading of the bill. The Comnittee on Envlronment and Energy adopted Amendment No . 1.
Are there any further amendments?
28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 The Rules Committee approved for consideration Floor Amendment No. 3, offered by Senator Weaver.
Senator Weaver, on Floor Amendnent No.
Thank you, Mr. President. This is a technical amendment, and I'd move adoption.
Senator Cullerton.
Yes. Thank you, Mr. President. Mr. Presidenty in the Rules Committee, some of us felt that this was more than just technical. So I would ask the -- the Chairman of the Rules Committee if he could explain What the amendment does, please.
Senator Weaver.
Yes, sir. This amendment clarifies that the owner or operator of a landfill will remain liable for taxes and fees authorized by the Environmental Protection Act. It also removes a retroactive application of the exemptlon.
Any further discussion? On Senate Amendment No. to Senate Bill 940, all those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have Senate Amendment No . is adopted. Are there any further amendments?
No further amendments.
3rd Reading. Senate Bill 950. Senator Mccracken. Take it out of the record. Senate Bill 993. Senator Demuzio. Read the bill. 29 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Senate Bill 993. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendment No.
Are there any Floor amendments?
The Rules Committee approved for consideration Floor Amendment No. 2, offered by Senator Demuzio .
Senator Demuzio, on Floor Amendment No. 2.
Thank you, Mr. President. I think we have to table committee amendment that Was adopted in committee and adopt the Floor amendmenE. This is the -- the bill for the -- for the deaf, and I would move to table the committee amendment.
Is there leave to table Committee Amendment No. 1? Leave is granted. Now, on Amendment No. 2, Senator Demuzio.
It simply takes out the -- the word ''American'', and then puts an effective date of July the 1st of 1995. And I would move its adoption.
Any further discussion? On Amendment No. 2 to Senate Bill 993, al1 thoée in favor, signify by saying Aye. Those opposed, Nay. The amendment is adopted. Are there any further amendments?
No further amendments.
3rd Reading. Senate Bill -- Senate Bill 1024. Senator Jones. 30 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Senator Jones? Take it out of the record. Senate Bill 1025. Senator Jones. Take it out of the record. Senate Bill 1033. Senator Petka. Read the bill.
Senate Bill 1033. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Are there any Floor amendments?
The Judiciary Comnittee reported Be Adopted, Floor Amendment No. 1, offered by Senator Petka .
Senator Petka, on Floor Amendment No. 1.
Thank you very much, Mr. President and Members of the Senate. Committee -- or ehe amendmentr Floor Amendment No. was added to basically delete language from the Governor's drug package that was introduced , in part, by myself. was the opinion of myself and also our staff that the second paragraph of that legislation uas unconstitutional. So that second paragraph was deleted, and in its place was added a paragraph which provided the death penalty as an aggravating factor for torture murders. Torture murders basically is defined as an intentional homicide where the person endures long and agonizing pain over a period of time. This came as a result of a murder Which occurred in Grundy County, in which a Woman was burnt to death after a home lnvasion. would move for its adoption.
Any further discussion? If not, Senator Petka moves to adopt Amendment No. to Senate Bill 1003. All those in favor, signify by saying Aye. Those opposedr Nay. The Ayes have it. Motion is STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 adopted -- the amendment is adopted. Any further anendments?
No further amendments.
3rd Reading. Senate Bill 1036. Senator O'Ma11ey. Read the bill.
Senate Bill 1036. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. l <sic>.
Are there any further amendments?
No further amendments reported, Mr. President.
3rd Reading. Senate Bill 1069. Senator Barkhausen. Take it out of the record. Senate Bill 1078. Senator Lapaille. Take it out of the record. Senate Bill 1085. Senator Weaver. Read the bill.
Senate Bill 1085. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Are there any Floor amendments?
The Rules Committee has approved for consideration Amendment No. 2, offered by Senator Syverson.
Senator Syverson: on Amendment No . 2. Senator Syverson. I understand it's a technical amendment. Any discussion? A1l 32 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 right. On -- on Floor Amendment No. 2 to Senate Bill 1085r al1 those in favor, signify by sayinq Aye. Those opposed, Nay . The amendnent is adopted . Are there any further amendments?
No further amendments.
3rd Reading . Senate Bill 1105. Senator DeAngelis. Read the bill.
Senate Bill 1105. (Secretary reads title of bill) 2nd Reading of the bill. No commlttee amendments.
Any further amendments?
The Insurance Committee has reported Be Adopted, Floor Amendment No. offered by Senator DeAngelis.
Senator DeAngelis, on Floor Amendment No. SENATOR DeANGELIS: Thank you, Mr. President. Senate Anendment No. l becomes the bill. It actually is Senate Bill 1056, which has been put into this bill. I'd move for its adoption.
Any further discussion? If not, al1 those -- in regards to Amendment No. l to Senate Bill 1105, a1l those in favor, signify by saying Aye. Those opposed, Nay. Ayes have it. The amendnent is adopted. Any further amendments?
No further amendments.
3rd Reading. Now if you wi11... Resolutions. 33 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15# 1993
Senate Resolution <sic> 44, offered by Senators Philip, Weaver and others. It's substantive: Mr. President.
Executive Committee. I would suggest that -- to our Senators: there are a lot of House bills that are on our Calendar that have not been picked up. Before we can do anything on -- with those House bills, they need a Senate sponsor. So I had hoped with everybody today, would look at their Calendar closely and pick up those House bills that are over here. Senator Jones? Senator Jones? Senator Jones, have you got the Supplemental Calendar on your desk? A1l right. I've been reliably informed that the Supplemental Calendar is out. With leave , wedre going to go to the Supplenental Calendar for Senate Bill 312. Senator Maitland.
Thank you very nuch: Mr. President, Members of the Senate. The spring supplemental, Senate Bill 312, passed out of this Chamber a couple of weeks ago, went to the House. The House has seen fit to add...
Senator Maitland, will you hold it for one minute, please?
House Amendment No . 1 to Senate Bill 312.
A11 right. Proceed.
Thank you, Mr. President. The House has added one amendment, and the amendment does three things: It provides for a -- a one-million-four-hundred-and-fifty-four-thousand-dollar GRF transfer in the Supreme Court; it provides for spending authority for twenty-three million seven hundred thousand dollars in federal 34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 funds for a Chapter I summer school; and it, in addition to that, adds seventy-five thousand dollars of General Revenue to the Office of Comptroller for payment of legal expenses. I would be happy to respond to any questions any Members might have; otherwise, would -- Would move that the Senate do concur wlth House Amendment No. l to Senate Bill 312.
Any further discussion? Senator Cullerton.
Yes. This is more of a procedural pointr Mr. President. This is a bill that's -- if we pass it, will go to the Governor, and I just wanted to point out that we did have amendments that were filed. Senator Hendon and Senator Severns had offered amendments to this bill When it was in the Senate. Those amendments were not considered. The bill was moved to 3rd Readlng and the bill was voted on. And nowz this is the first bill, to my knowledge, that's going to the Governor where we feel that this procedure is unfair because it doesn't give our Members an opportunity to offer an amendment and to debate that amendment as a preliminary motion prior to a final passage, which I think violates the Robert's Rules of Order. So I think it's appropriate that I make that point on this particular billz because this is the first one of its nature that's going to the Governor.
Senator Maitland.
Well, thank you very much, Mr. President and Members of the Senate. Senator, we held that bill; we were aware of the amendments. The Members simply weren't there. We, in a -- in courtesy to you - to your side of the aisle - we held that blll waiting for the Member. The Member dtdn't go -- didn't come, wasn't there, and even talked to the Minority Spokesman with 35 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislatlve Day April l5, 1993 respect to that issue, and he indicated , go ahead and move the bill. We did tbat as a courtesy to your side, and frankly, resent that comment.
Further discussion? Senator Maitland, to close.
Thank you, Mr. President. Just appreciate support of the motion. Thank you.
This is final action now. The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 312. Al1 those in favor will vote Aye. All those opposed, Nay. The voting is open. Have you all voted who wish? Have you a11 voted who wish? Take the record. On the question, there are 54 Ayes: no Nays, 2 voting Present. The Senate does concur in Senate Amendment -- House Amendment No. to Senate Bill 312. Senate Bill 312, having received the requlred constitutional majority, is declared passed. Now we're going to go to 3rd Readings and proceed ahead. On the bottom of page 10 on your Calendar, Senate Bills 3rd Reading . Senate Bill 2. Senator Mccracken. Take it out of the record. You know, I apologize. We 're going to -- we're going to start where we left off yesterday. Senate Bill 402. Senator DeAngelis. Read the bill.
Senate Bill 402. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. Preskdent. Senate Bill 402 creates the Industrial Jobs Recovery Law. What it does, very simply, is that 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 it allows TlFs to be used to develop environmentally distressed areas. Proceeds from property taxes or other taxes ean be used to acqulre land in those areas, to rebuild the infrastructure and clean up the areas. Also has some other provislons in redefining TIFs. I urge its favorable adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, Senator DeAngelis... Senator DeAnqelis, to close. Wish to close? No. The question is, shall Senate Bill 402 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted who Wish? On that questton, there are 55 Ayes, no Nays, none voting Present. Senate Bill 402, having received the eonstitutional majority, is declared passed. Senator Rea, on 4057 Read the bill, Mr. Secretary.
... tmicrophone cutoffl...Blll 405. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rea.
Thank you: Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 405 requires the Coal Developnent Board to study and propose polictes relating to emission allowances authorized under the federal Clean Air Act. It requires the Commerce Commission to collect the information relating to the allocation, acquisition and sale of emission allowances. This bill is supported by the Coal Assoclatlon, UMWA and the Council on Energy. I don 't know of any opposition to it, and this is very important that we look where these emissions or -- allowances are going and will help us determine some direction in -- as it relates to the future of the use of Illinois coal. I Would ask for an Aye vote. 37 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, Senator Rea may close.
Just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 405 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who Wish? Have a1l voted who Wish? Take the record, Mr. Secretary. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 405, having received the constitutional majority, is declared passed. For what purpose does Senator Demuzio arise?
Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. On a point of personal privilege. Visiting with us today are three groups from the grade school in Carlinville, my hometown, and there are -- one group ls now behind me in the gallery and they are accompanied by Mrs. Leefers, Mrs. Pohlman, Mr. Manley, Mr. Fornero, Mrs. Hallbauer and Mrs. Genta. I'd like the Senate to recognize those grade school members from Carlinville who are vislting with us today.
PRESIDING OFFICER: (SENATOR WEAVER) Will our guests please rise and be welcomed by the Senate. The broadcast media has requested permission to tape today 's proceedings in the Senate. Is there leave? Leave is granted. Senate Bill 411. Senator Garcia. Excuse mer Senator Garcia. We -- I skipped over 406 on Senator Rea. Senator Rea, you ready on 406? Read the bill, Mr. Secretary.
Senate Bill 406. (Secretary reads title of bill) 3rd Reading of the blll. 38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5# 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rea.
Thank you, Mr. President. Senate Bill 406 amends the Coal Mining Act, and it specifies the ninimum number of State nine inspectors. It does not increase it in any way, and it depends upon the number of mines in operation in the State. As you know, welve gone a long ways in mine safety over the several years in Illinois - been one of the leading States - and there's been -- in past years, many types of explosions have taken place underground , killing many of our miners. This is a safety precaution just to make sure that we continue those efforts here in the State of Illinois. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If noty Senator Rea may close.
Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 406 pass. Those in favor, vote Aye. Those opposedy vote Nay . The voting is open. Have al1 voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate Bill 406, having received the constitutlonal majority, ts declared passed. Senator Garcia, on senate Bill 411. Read the bill, Mr. Secretary.
Senate Bill 411. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia.
39 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislatlve Day April l5, 1993 Thank you, Mr. President. This bill creates the Homeless Family Placement Act. It provides that agencies that place homeless families in shelters shall refer families with school-age chlldren to khe shelter closest to the child 's school of origin. This bill seeks to minimize the number of schoolchlldren that are falling through the cracks due to homelessness. By sending a child and his or her family to the nearest shelter will ensure that we minimize the loss of school attendance days in that child's education. Mr. President, this bill came out of committee with a unanimous vote. There's no opposition that we know of, and it won't cost us a bit, and it'll ensure that children are kept in school. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Hendon.
Thank you, Mr. Chairman. I just Wanted to rise in support of this very positive legislatlon that will help homeless families stay together and keep our children in school at the same tine, and I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? The question is, shall Senate Bill 4l1 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Take the record, Madam Secretary. On that question, there are 57 Yeas, no Nays, none voting Present. Senate Bill 411, having received the constitutional majority, is declared passed. Senate Bi11 418. Read the bill, Madam Secretary .
Senate Bill 418. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) 40 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Senator Tbomas Dunn.
Thank you, Mr. President. This bill will give a cause of action to those victims of first degree murder and agqravated kidnapping. This is designed to prevent the occurrence of a perpetrator, who 's been found guilty, of doing a book deal or a movie deal, enabling the victim to get at those assets that are generated by his wrongdoing.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator Dunn may close.
Urge an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 4l8 pass. Al1 in favor, signify by saying -- by votlng Aye. Opposed, voting Nay. The voting is open. Have al1 voted who wish? Have a1l voted Who wish? Take the record, Madam Secretary. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate Bill 418, having received the constitutional majority, is declared passed. 420. Senator Dehnçelis. Read the bill, Madam Secretary.
Senate Bill 420. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. This bill's come from the Illinois Press Association. Currently, under law y when plumbers advertise, they must include their number. The burden has been, on the past, of the printer to :et that number. This bill shifts the burden upon the plumber to submit that number and make sure that that 41 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 number is correct. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator DeAngelis excuse...tmicrophone cutoffl... Senator Cullerton.
Yes. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'll yield. No. He says no.
He won't yield.
PRESIDING OFFICER: (SENATOR WEAVER) Yes, he'll yield.
Great. Senator, I didn't quite understand your explanation. Could you just give me a brief history of What this bill does? I understand that this -- there 's a law -- it's currently on the books; it's only a couple of years old. And this reverses a bill that -- that had been just passed a couple years ago. I Wonder if you could explain exactly what the current practice is again.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you. This bill does not reverse the law ; it shifts the burden of responsibility on who should submit the number from the publisher to the plumbing firm . The plumbing firm must, by law, display this number. And What this bill simply says is, if you're going to advertiser include that number with it, and put the responsibility upon them .
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? Senator Rea .
Would the sponsor yield? 42 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprtl 15, 1993
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'll yield.
Senator, you know, I -- I don't quite understand why we are doing this, in terms of the plumbers. Are we going to do this also for all the other people that are licensed? What -- What is the penalty, also, if -- if a person -- say the -- the press makes a mistake and print the wrong number - who's liable?
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: If -- and that's a good questiony Senator Rea. If the plumber includes that nunber on his advertising and the press makes the error, the press is responsible.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rea.
Well, it seems like, to me, that we 're going backwards on this legislation hereg and it also seems to me that We're setting a -- standards -- different type of standard that would -- the next thing We know you know, wefll have all these published . It seems like, to me, there's other ways of of dealing with this: rather than the way we 're approaching it through this legislation. And I would certainly oppose this bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Yes. If could speak to the bill, Mr. President. This bill reverses a bill that was passed just a couple of years ago, and the practice has been, for the last couple years, that lf a plumber wants to advertise in -- in a newspaper, it's the responsibility of the publisher and the printer to require the 43 STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 inclusion of the license number. This is a protection for the public. The fear is that someone could just hold themselves out as a plumber and put a fictitious number down and there's no responsibility of the -- if this bill were to pass, there 'd be no responsibility of the the publisher to check the number. That's why itls a bad bill, because it reverses a procedure that was just put into place a couple years ago which was meant solely as a protectlon for the public against unscrupulous people holding themselves out to be a plumber. Now, the the problem is, the way this bill is drafted, it just says, 'When advertising plumbing services the license number shall be included on all forms of wrltten or printed adyertlsing...'' But there's no way for the plumbers to know that some phony plumber is puttin: in a fictitious number. The only person that can really check this out is the -- is the the publisher, and that's the Way the law is now, and that's really the way it ought to stay. So, for those reasons, I Would stand in opposition to the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel.
Well: thank you: Mr. President. I don 't usually qet -- get involved in these kinds of bills, but to me I'm sorry, Senator Cullerton, that idea or that response just seems dumb. I mean, if someone is placing an ad in a newspaper, they should place -- I mean, when we, as -- as candidates, place an ad in a newspaper, we're required to put in a disclaimer, and if we don't put ln a disclaimer, it's not the newspaper's fault. Why would it be the newspaper's fault if the license: you know, number isn 't there? If a -- if a plumber is putting an ad in a paper, what's the big deal for them to put in the license number? And if somebody is dolng it illegally or erroneously, or somebody who 's really not a plumber, why should that be the newspaper's fault? Why should 44 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 they have to go and check the ad and check whofs placing the ad? That just seems to me illogical. I think this is a good billr and we should pass it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.
Yes, I rise in support of the bill, and similarly to Senator Karpiel, think the objection is not Well-founded. The question is, who 's going to be liable for complying or failing to comply with the Act. Now, is it wise public policy to put the burden on the publlsher who is merely providing advertising space in return for a small fee, or is it proper and better public policy to put the responsibility on the plumber, the one who 's getting the benefit, not only from the advertising, but also from the licensing? And I cannot imagine a reason why it isn 't already the 1aw ln Illinois, and it certalnly should be.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'll yield.
Have there been any lawsuits against the publishers that arise out of this existing law?
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: I don't know if there's been any lawsuits, but there 's been some unpleasant experiences. And I -- you know, on that point, it's really bothersome to me, and I think sometimes look at the Yellow Pages, and you will find out people who advertise their 45 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 service and then they say ''licensed by the State''. And frankly, there are no standards at all, whatsoever, on what they 're doing. So what this simply is saylng isy if youdre going to advertise and you 're required by law to have this number, you put the number on there and it's your number. don't know how in the hell a -- hoW in the heck a publisher could even check somebody's number in the first place.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
Thank you, Mr. President...tmicrophone cutoffl...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman, again.
Ifm sorry. I Wasn't through. Would you share with me, Senator DeAngelis? You said, ''some unpleasant experiencess'. What are we talking about?
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Well, I guess attempts by some people who are not licensed properly to use the numbers, and then the publisher puts it in there and then sonebody calls and says, ''This person wasn't licensed.''
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.
Thank you, Mr. President. To the bill: I would ask that we just pay attention for a moment. Wepre talking about consumer protection, and particularly senior citizen protection. The reason this bill -- the existing 1aw was passed was because seniors are getting ripped off by people that were advertising 46 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 that they were plumbers or rendering plumbing services and they weren't licensed plumbers. Now, we have a licensure bill and requlrements to protect the public. If we 're going to make this usable for the public and a method to prevent rip-offs to our senior citizens, in particular, the best way to make that realistic and practical is to make the people that publish - the ones who deal with these plumbers or plumbing services or these rip-off artists, whatever they may be make them check out whether there isr in fact, a plumbing license. The senior cltizens - the people that read the Yellow Pages - don't have khat information available. They have to rely on the Yellow Pages. This is a consumer protection law. Let's not undo it, especially if there is no proof that the publishers or the Yellow Page people have, in fact, been sued or been put in jeopardy. We haven't heard anything about that. They just want to relieve themselves of this responsibility. If it's the weighing of the interests of the publlshers, because they don't want to ask a question, versus the exposure of senior citizens to being ripped off, I would suggest that we ought to be on the side of senior citizens and vote No on this bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
Well, -- turned off my light, Senator. I had a great speech, but I decided to hand to Senator Berman and let him give it. So, thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'll yield. 47 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
Senator, these comments are so ludlcrous. Is this your first bill?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, it would seem to me that we are not really protecting the senior citizens, if I were to listen to the comments of my very respected colleague on the other side. This has nothing to do With it. If the plumber isn't telling the truth, he should be the one to be responsible, not the -- the publisher, for heaven sakes. And talk about lawsuits - yes, the possibility of lawsuits is there . You know it and I know it. And if there haven't been any, that is because we don 't knoW of any. What's right is right. Who is the one advertislng? He 's the one who has to tell about his wares and also his -- and his requirements and his credits. And I -- I think the bill is a good billr and I support
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.
Well, thank you, Mr. President. You know , if we carry the debate that one of our esteemed colleagues from the other side of the aisle had suggested - that lt's the responsibility of the publisher - then obviously if we extend that, then the advertisers of everything would have to be verified by the publisher, because that would be consumer protection. In other Words, any ad that my automobile is the best automobile or ny widget is the best Widget, the advertiser, then the publlsher, Would, theoretically, Would have to verify that for the protection of the consumer. Well, I think that certainly is an extension of what we're trying to not do here, where the advertiser is the one who's responsible for a 48 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 licensin: number that a -- a plumber should certainly put on there. I think when we passed those bills before for the consumer protection it was -- was what we should do, and this no Way changes that. It certalnly puts the responsibility where it belongs, and this is a good bill.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senator DeAngelis, to close. SENATOR DeANGELIS: Thank you, Mr. President. I'm really amused by the comments. In fact, as the 1aw currently stands, there is a license to lie. This bill forces then to tell the truth. And, Senator Berman, you voted Yes in committee, and I would like to see the rest of the Body do exactly that on this particular bill.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 420 pass. Those in favor, vote Aye . Those opposed, vote Nay. The voting is open. Have a11 voted who wish? Have all voted Who Wish? Take the record, Madam Secretary . On that questlon, the Ayes are 35, the Nays are l8, voting Present. Senate Bill 420, having received the constitutional majority, is declared passed. 421, Senator Carroll? Read the bill, Madam Secretary.
Senate Bill 421. (Secretary reads title of bill) 3rd Readinq of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill is a result of phenomena many people in the State are facing where they have a multiracial narriage and therefore a 49 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5: 1993 biracial or multiracial child; that the forms that the State has for checkoff purposes, basically in cases Where there is either some type of a magnet-type school program or a program that's designated to be influenced by the racial makeup of the student: has no form checkoff for a biracial child. And therefore, the parene of thae child has to choose which race that they want to classify that child as. That has caused undue hardship to an untold number of people, and several other states have already started this program as Well, of saying let them just merely have a checkoff that says ''biracial'' so that the parent or chtld does not have to choose one parent over the other for purposes of getting into a school or into a special program . I would answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, Senator Carroll may close.
Would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) The question is: shall Senate Bill 421 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted who Wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 53 Yeas, no Nays, none votin: Present. Senate Bill 421, having received the constitutional majority, is declared passed. 423. Take out of the record. 425, Senator Hasara? Read the bill.
Senate Bi11 425. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.
50 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Thank you, Mr. President, Ladies and Gentlenen of the Senate. This bill originates from discussions that I have had and I'm sure articles that you have read - about the many grandparents tn our State who are now raising their grandchildren, due to many problems that their own children are having. However, after the bill was introduced, we realized that it indeed has many, many uses. It provides a simple power of attorney form in the Statute to be used for up to sixty days so that someone may have access to medical care or school records. It does require the signature of the parentr but it would be extremely helpful in cases where you might go away for the weekend or be keeping someone's children for the weekend, and in case of an accident, many people don't even realize that they could not have access to medlcal care for that child in case of an emergency . So I'd be glad to answer any questions, and ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator Hasara may close.
I just ask for a favorable vote. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 425 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Take the record, Madam Secretary . On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 425, havin: received the constitutional majority, is declared passed. 430. Senator Fawell. Read the bill, Madam Secretary. END OF TAPE TAPE 2 51 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
Senate Bill 430. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Thank you very much. This is the Pro Bono Professional Service Immunity Act. This Act Would allow lawyers and doctors who see clients in their offices to be covered by the cloak of immunity, similar as they are -- as the doctors are covered if they go to a free clinic. This is a direct result of -- of two experiences that I have had. My son happens to be a trial attorney, and quite often is asked to take cases: either by the Bar Association of Dupage County or the courts, and and act as a -- as an attorney, without a fee. He is not presently covered by any immunity. The doctors have the same problem . I went to a - - a conference down in Will County and discovered that most of the counties are similar to mine - they do not have a freestanding building where we send our clients that are -- our constituents that are either underinsured or uninsured, and the doctors will see them in their offices. What has happened is, if there were was a building where the doctors could go, they would be covered by the Good Samaritan Act. Presently it is -- they are not covered if they see then in the offices. What came out of that conference was the City of -- of Rock Island and the City of Rockford, who does exactly what Dupage does - and that is allow these clients to come to the offices - both said, ycu have now ruined our system, because what we do is we ask doctors to join a - - a group who are willing to see these clients in their offices, because we cannot afford to put up a freestanding clinic. These clients would have to be referred through either a health 52 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 department, a court, a governmental agency of some kind or another, or by a bar association or a medical association. So we would avoid the problen of someone saying, I'We11, I goofed, but I wasn't going to charge you anyway; therefore, I am immune.'' I would be happy to answer any questions concerning this bill, and ask for a...
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Collins.
Thank you. A question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) She indicates she Will yield.
Senator Fawell, can you tell me of -- of a -- give me an example of a situation that -- that would occur where this service would be rendered?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
And and -- and the person would not be liable -- would be - - for any problems that occur? Could you has something happened to make you put this -- you knowy introduce this bill? Is there an incident or an example that you can give us? 'Cause I truly don't understand why -- why you're doing this.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
We -- we are doing this to try and get more doctors to handle these cases and more lawyers to handle these cases. The Prairie Legal Services have, indeed, said that this would really help them to -- to get more lawyers signed onto their services and be willing to do the pro bono work. The doctors also have been 53 STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 fearful in seeing clients, because there is no building in some of these counties where they can go and get this immunity. By the way, ''willful and Wanton'' is accepted. It is only negligence that they would be immune from. And consequently, there are a lot of - - of single parents, for instance, people that are not on welfare, because they, of course, would be covered by Medicaid , but people that are just hanging in there by the skin of their teeth. Senior citizens who would like to be able to go to a doctor, but we don't have any doctors willing to sign on, because they are not coveredg because there's not a bulldlng that they can go to.
PRESIDING OEFICER: (SENATOR WEAVER) Senator Collins.
Senator, why did you lump the doctors in with the -- the legal profession?
PRESIDING OFFICER: (SENATOR WEAVER) Senator -- Senator Fawell.
Number one, I -- I'm a little prejudiced towards lawyers. I happen to have -- I happened to have raised oneg and I have a daughter-in-law that is one, who quite frequently, frankly, are standing ln court, and told by the judge, 'You are a guardian ad litem, and by the way, you're not to chargen. He also, frankly, does a lot of free work for people who cannot afford lawyers. I personally think that a professional man ls Willing to donate his time and his talent towards the betterment of society as a whole, we shouldn't then be punishing them by hanging them out there to dry, when ifg indeed - particularly as far as the the doctors are concerned - if they just went to a building, they are covered, but if they see them in their offices, they are not covered . That doesn 't make any sense to me. 54 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
FRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.
Thank you, Mr. President. Ladies and Gentlemen of the Senate: I ask you for a moment to put yourselves lnto the shoes of a person who does not have the assets to retain a private lawyer or a private doctor, and you go - let's take a lawsuit - you've been run over on the street, you -- you are referred by the bar association to a lawyer to represent you as a result of being run over by a car. And under Senator Fawell's bill, you go to that lawyer, and that lawyer reads the police report and he misreads the -- the date of the accident. The day of the accident was June 1st, and he marks it down as July 1st, and two years pass and that lawyer wakes up and decides that he marked down the Wrong date. Now that's not Willful and wanton negligence, Ladies and Gentlemen; that's ordinary negligence. But because of just marking down the wrong date, your lawsuit for your injuries cannot be brought, and that lawyery who held himself out to be a reputable, competent lawyer, has prevented you from recovering for your injuries. Shouldnlt that lawyer be held responsible for his ordinary negligence, whether he intended to charge you or not? I suggest to you that when we pre licensed as lawyers, we oWe our client - Whether they pay us or we do it for nothing - we owe that client the highest degree of care and attention. That's our obligation as lawyers. If I was a doctor and I misread the chart. The chart says I have a problem with my left arm and I misread and I amputate the right arm . NoW that's not Willful and wanton. Shouldn't be responsible, even if I've done it for nothing through a medical program? Shouldn't I be held responsible for having anputated the Wrong arm of that client -- of that patient? Of course I should. But under Senator Pawell's bill, neither that lawyer that wrote down the Wrong date of the accident, nor the 55 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15p 1993 doctor that amputated the Wrong arm, would be held responsible. That's outrageous, Ladies and Gentlemen. The reason We license lawyers, the reason we license doctors, is to hold them to the high degree of their professions. Just because they don't charge - nobody 's forcing them to take those patients, nobody's forcing them to take those clients. I've got to tell you that as far as I'm concerned, no lawyer should be responsible for less than the highest degree of care, whether they charge their client or whether they dondty and expect no less from the medical profession. This is an outrageous bill, and I urge you to vote No.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.
How miserly is society to be? How often are we going to sit back on the throne of the supposedly moral high ground in this case and listen to the horror stories? How lonq is society going to punish good acts and good will? We, here, set public policy. is inherently normative. We want the message to be loud and clear. Thls Legislature, this State, this society, Wants to encourage this type of activity. We want pro bono lawyers. We want doctors who are willing to do this for free. We want these professions to extend themselves for the interest of society . This is not a defense that someone can stand up later and say, ''Hey, I never charged them, so I can't be guilty.'' This only is the case in the case of pro bono organized activities, either of the medical profession or the legal profession. How miserly are we going to be? How often are we going to say, ''Doctor, don't stop by the roadside to help that dying man, because you might get suedd'? And that fear is not an unreasonable fear. That fear is well-founded. Talk to any physician you know, talk to many lawyers you know, and they will tell you candidly they fear 56 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislatlve Day April 1993 lawsuits, almost as much as they fear losing a case at trial. It is a problem: Ladies and Gentlemen, and it inhibits society from helping its less fortunate members. I say it's time to stand up to the trial bar, and to say, ''Look, if you don't want to be immunized, don't take free cases. Charge anything the market Will bear, and then we can sue you for negligence.'l But in a case where these people, in the first instance, extend themselves in sood faith, we will give them some degree of protection. And it ls not just a question of a finding of negligence; it is the threat of a lawsuit which inhibits this behavior; it is the allegation in a lawsuit Which inhiblts this behavior; is the cost of defending these claims, whether theyfre valid or not. So let's stop being so miserly . Let's stop hiding behind the throney and say to society, ''We want you to help your felloW man.''
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald .
Thank you, Mr. President. I think Senator Mccracken has spoken extremely eloquently on the point, and I Would just like to make one further comment, and that would be that attorneys and doctors are b0th have to answer to their disciplinary committees; the attorneys to the ARDC, and the doctors to their licensure board, and these doctors and attorneys are responsible. We don't want someone to die along a roadside because a doctor is scared that he's going to be sued for trying to help someone, and I think that this is an outstanding bill, and it's one that's worthy of a11 our support.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Molaro.
Thank you, Mr. President. You know, itls just amazing that -- and, you know, found more and more as I sit here. Find it 57 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 amazing. I have great respect for Senator Mccracken, as well as Senator Fitzgerald: and as we're thinking We come up here, and then a11 of a sudden welve reached the point, you know, of no return, or the moment of truth, and then al1 of a sudden we take off and come to complete different opinions, or complete different conclusions. So everything you just said, I thought, Senator Mccracken, right as you came to it, that you Were going to say, and you should vote No. And then all of a sudden, it was -- it was Yes. I meany compassion. Well, are we switching sides here? Of course, we want people to be -- and -- and give volunteer, but what can't understand is we're talking about lawyers and doctors. Time-honored professions. Lawyers and doctors should be held to high standards. We're not talking about a thing in the road where someone comes byy and good Samaritans. We're talking about someone who's çoing to go out there and they whether there be a defendant who 's charged with a criminal case, he has to know in his heart When he comes and talks to his lawyer and tells him the truth - and this is the only person that may be standing between him and his liberty that this man is going to give the highest degree of care. We're not talking about emergency situation; we're talking about a lawyer who has to be referred, who goes up and saysy ''I Want to do the pro bono work. I want to give back to society.'' So -- ''but 1'11 only give back lf I'm protected'' - thae the guys who pay me money or the people who pay me money, they can sue me, but if I go do free work I want to be protected. Tbts isn't about punishment. We don't want to punish lawyers Who go do good work. We want to go to their clients who have nowhere else to turn, and tell them, if you're poor and can't pay, youdre going to be -- youfre going to -- your lawyer's going to be held to the same standard, to the people Who could get upr who can pay. But if you can't pay you 're going to be -- have a lesser standard? That doesn't make sense. Of course we want to 58 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 go out and give a public policy that people should be good Samaritans, but we also want to set public policy that if you can 't pay, that you're going to give the same standard of care that anybody else did. You can sue that lawyery just like you can sue the lawyer who Was paid three hundred dollars by your codefendant 'cause he's got the money. So I would just submit that we go there at the same rate and at the same placey but we seem to take off. So I just think it's a bad bill. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. I heard a comment the other day that I thought was anusing, but after listening to the debate today, I'm not sa sure it is. The comment was that Hillary Clinton had been a doctor, we would probably be doing tort reform . And after hearing this debate today, I'm not so sure that that was such a funny comment. I cannot believe and I guess we all know why we have a health care crisis - that people who do something out of goodwill ought to be subjected to the kind of treatment that you think they're entitled to. I just don't think we're ever going to resolve any of these problems with that kind of attitude.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Thomas Dunn.
Well, thank you, Mr. President. I really didn't understand the comment about Hillary Clinton, buE maybe we could ge* Nancy Reagan to read some tarot cards and give us sone interpretation, Senator. Senator Fitzgerald, we have a Good Samaritan Act in the State of Illinois that covers the scenario that -- that you painted about someone along the road. It's amazing how -- how we interpret consumer protection here in this Body on the different sides of the aisles in the ebb and flow. I really look upon this 59 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5# 1993 as an abdication of responsibility, something that ought to ring a bell on that side of the aisle. Let's face it. I Worked for Legal Aid in the City of Chicago as an attorney, and I worked I still do pro bono work. And I've got to tell you that I think a good attorney or a good physician -- the last thing he or she cares about is whether or not I'm getting paid. A true dedicated Well, you -- you may -- you may laugh about that, but in my profession we have the opportunity to do free work, and I will tell you that I'm one of those attorneys that does that, and I do because I think ought to give something back to my profession. And also tell you there are good physicians who do the same darn thing, day in and day out, in my community, and probably in yours. But the question isn't whether or not we're going to be generous or niserly. The question is, are we going to live up to our responsibility to an individual client or patient, and that answer has got to be Yes. And you know darn well that if - - if there's a case involving a lawyer or a doctor and there 's a question of a charge, and there 's -- there's a negligent act either by the lawyer or the doctor, how many people are goin: to stand up and say, ''Yes, I was wrong to you, patient or client, and I accept the responsibilityy'' if they've got a way out? Not too many.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. Even if you agree with the intention of the -- the sponsor and I think she is Well-intentioned - I would suqgest to you that if you read the bill, I really think there's a major loophole found in the billy and I -- and I would suggest that if the bill ever got close to passage, that would have to be amended. NoW, if you just read the Section 10 that talks about immunity, says an 60 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 attorney or physician who provides legal advice or asslstance or medical treatment, and who receives no fee or compensation, shall not be liable for civil damages. NoW I would suggest to you that if there is a lawyer or a physician Who has been paid, who then performs some malpractice, a11 they have to do is send their fee back. A11 they have to do is send the check back and say, wasn't compensated; I've received no fee, therefore I have no liability.'' That has got to be clarified if this bill was ever -- be so close as to go to the Governor, because I I understand the intention of the sponsor. And I'm sure that's not her intention. But the way this bill is drafted, that's What says - receive no fee. And I think that it's a -- it's a major loophole that -- that nakes the bill something that we should not pass, and for that reason I would oppose it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel.
Well, thank you, Mr. President. am not an attorney -- excuse me. I'm not an attorneyr and I -- I understand this to be a trial lawyers' fight, or a lawyer fight here, but I think welve gotten far afield from what this bill does. I'd like to ask the sponsor a question, please.
PRESIDING OFFICER: (SENATOR WEAVER) She indicates she would yield.
Is it true thatr in some areas of the State, there are what we could call free clinics and that either the courts -- that the courts could refer pro bono work to doctors or attorneys who operate out of those so-called free clinics?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
61 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 There are if the -- if the doctors are referred to the free clinics, they are covered by the immunity law, if there is a free clinic in the form of a building.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel.
And so, at the present time, we 're not changing that at all. If a court -- a judge refers pro bono work to an -- to a doctor, or to an attorney, if there is a qualified referral under the -- the bill - and I don't have a copy of in front of me anymore - and they go and they do that work in this building, which we can refer to as a free clinicr they are covered by -- they are not liable. They have this immunity . Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Yes. It is -- is free. is...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel.
A11 we are doing, under this bill, is saying that if there is no freestanding building and the same kind of referral is made by the proper authorities for this pro bono work to be done, that doctors who do not have - in their county, in their area, whatever - do not have a freestanding building called a free clinic, that they bave the same immunity under this bill that the doctors have in the areas where there are the free clinics. So a1l We dre doing, Ladies and Gentlemen, is extending that immunity to those areas of the State that are not covered by -- or do not have these freestanding buildinçs. Wefve gotten far afield talking about the Good Samaritan Act, and people on the side of the road. We know that is not the purpose of this bill. is simply extending that 62 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 immunity to those doctors and lawyers who do not practice in areas where there are these freestanding clinics that they can operate in, and so we're extending to those areas of the State, like Rockford, like Will County, like a 1ot of areas in this State, where they do not have these freestanding buildings. And don't know what the Whole big fuss about is.
PRESIDING OFFICER: (SENATOR WEAVER) It had been the Chair's intent to adjourn about 6130, but I think we better plan on being here till 10:30 tonight. For the second time, Senator Berman.
Thank you, Mr. President. I apologize for rising a second time. But, Senator Karpiel, 1et me point out to you that the limitation regarding the building may apply to some situations involving a doctor, but let me tell you that has -- that has no application to the legal profession. Under the language of this bill, I call up the local bar association or the legal service - - the -- the legal service clinics, and I say, ''I'm on public aid; I need a lawyer, because I'm being evicted. I need someone to defend me''# and they refer me, that is what is called, under this bill, quote ''an organized referral system'' unquote. And if that lawyer that they refer me to screws up, is negligent, they are not responsible to me. Well that shouldn't be. That lawyer that renders that service should owe to that client a high degree of care. That's al1 I'm arguing about. I speak as a lawyer. The lawyers owe their clients a high degree of care. I don't want immunization just because I don't charge, or because the bar association or the legal service bureau sends me a client. If I represent that client, I owe that client the highest degree of care, whether he says -- whether that client is for nothing or pays me a million dollars. There should be no difference. And a vote for this bill says, because you 're poor, you're going to get 63 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 a lower class of services by the professionals that we license in Illinois. Shame on us.
PRESIDING OFEICER: (SENATOR WEAVER) Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WEAVER) She indicates she Would yield .
Senator, as you know, I originally signed on as a cosponsor of this b1l1, and then took a second look at it and withdrew my -- my sponsorship for a couple of reasons, but one question, if I could. Under the -- the terminology of -- of the ''qualified referralf', which includes that referred to by a governmental agency, are we, in effect, by that saying that every individual who is a Medicaid or a Medlcare patient that is referred to a attorney -- would they be covered or would they be not covered? Would they be able to sue or would they not? And the Way 1...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Medicaid and Medicare obviously do not cover legal fees' that's what your question is. And yes, if -- if a Medicaid or a Medicare person wanted to go to an attorney, and the attorney was willing to take that case, yes, they would be covered.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
Yeah. think that it's a little broader than that, Senator. I think what We're looking at is that if the agency refers any of these people, anyone who is under Medicaid or Medicare could be 64 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15: 1993 construed to be being recommended by a federal agency, and therefore, would not be in a position to suer as I see the -- the bill at this present time.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'd like to approach this from a somewhat different angle, as a consumer of medical and legal services. Ifr in fact, it is true that this bill Would make pro bono lawyers and physicians, Who would treat people at -- for no fee, nore available, then believe that this, indeed, is a good bill. I work with legal asslstance. I get many calls every week from people who need free legal or medical service, and there are no physicians or lawyers to refer them to. Normally they are cases that attorneys don 't even want to bother with. So I say let's ask consumers. And I believe you will hear them say that, yes, they would be glad to have the pro bono lawyer or the physician who would treat them for no fee, if in fact there would be more available if this immunity were in place. So we're -- we 've dlscussed al1 the angles from the lawyer's and the physician's standpoint. Let's look at the people that we're trying to help in the first place. And I believe that they would be in full support of thls legislation. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Luft. Senator Luft? Senator Shaw.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) She indicates she will yield, Senator Shaw.
Senator, if -- if a senior citizen went and got one of these 65 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 lawyers -- obtained one of these lawyers or one was referred by one of the various groupsy and that attorney missed the court date -- say that that senior citizen had some problems maybe with her home or his home, and that lawyer missed the court date -- court date - under this bill, that lawyer would have complete immunity, even though the senior citizen would have lost their home. Is that what you're saying here?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Senator, I'm glad you asked that question. You know, I'm a little appalled at the attorneys that are standing up and talking as though their profession were the kind that didn't have standards. I put a husband and a -- and a son through laW school, and I was very proud of the fact When they stood in front of the Supreme Court, b0th of them raised their hand and became offlcers of the court, and as officers of the courtr they are required to have certain standards and to conduct themselves in certain ways. In fact, one of the things that you have to do before you become a lawyer is, you have to go in front of a committee to make sure that ethically and morally you are accepted by their profession. Now, what I'm hearing from the attorneys on the other side is that they don't really care about people who are poor; they don't care about people Who could not afford their services; that a1l they care about is that darned fee that they might be able to collect at the end of the -- at the end of the case. Well, I happen to have a son who feels otherwise. I've had a son Who has prevented widows and orphans from losing their home. I've had a son who has taken battered women into court and gotten them -- gotten her a free divorce. have a daughter-in-law who has done similar type work, and I'm very proud of them. Did he ask me to have this -- this bill? No, he did not, but I have been told by the Prairie 66 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Legal Services that they cannot they cannot - get attorneys who are willing to take clients because of the exposure, because of the fact, not that they would do the work poorly, but because of the fact that they have their insurance to pay, and their insurance will go up because of the fact their exposure is more. Now, I think this is pretty sad when the legal profession tries so hard to kill a bill which would take care of people that -- that are in your district, Senator Shaw, that are -- are -- are looking for attorneys to do just exactly What youdre talking about. To prevent losing their homes; qetting -- not being able to obtain tbeir divorces...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell: I think you've answered his question. Senator Shawe do you have any further...
Thank youe Mr. President. To the -- to the bill: but it -- seems as though to me that what the lawyers have been talking about here on this side of the aisle is absolutely right, in terms of the doctors and lawyers who represent indigent clients. They should be held in high esteem and they should have responsibility to society. But what this bill would do here is remove a1l of that responsibility. I could see it if you had something ln the bill...tinaudiblel...where that they could be referred to the local bar association, but you don't -- you donlt -- the bill don't address that. I -- I don't have the bill here, but the bill doesn't address that. But this -- this bill would -- we have an overcrowded -- conditions in Illlnois State penitentiaries today, this bill would cause us to have to build anotherr probably, twenty institutions in this State, probably for the next -- in the next ten years. I think this is a bad bill. think this bill ls aimed at the poor, the senior citizens who cannot afford lawyers, who have lawyers appointed by the courts and other bodies. And 67 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 now you Want to give those lawyers complete immunity in terms of representing the people who cannot help themselves. I think that this bill should be defeated, and -- I ask for a No vote on the bill.
PRESIDING OPFICER: (SENATOR WEAVER) Eor what purpose does Senator Ralph Dunn arise?
Thank you: Mr. President. I hate to interrupt this exciting debate, but I have a matter of -- point of personal privilege.
PRESIDING OFFICER: (SENATOR WEAVER) State your point.
I -- I have a group of students from Okawville, Illinois, Tmmanuel Lutheran School. A group over on the Democrat side with their teacher, Terry Mason, and eight other parents. I'd like to welcome them to Springfield, and tell them they arrived at a good time. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Will our guests please rise and be welcomed by the Senate. Senator Klemn .
Well, thank you, Mr. President. You know , I've been listening to the debate on both sides, and I think there are good points on both issues, but I1m trying to think of in the real world, the world that many of us in the business world and private lives live through. And the lawyers that I've had contact with - the lawyers that serve in this Chamber I have found to be extremely competent. When I've asked many lawyers ify in fact, lawsuits are common against members of their profession, they tell me they are very rare. So it'd seem to me that if wedre talking about helping hundreds and hundreds of people with some legal or professional or medical work, that the number of lawsuits that We have in the 68 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 first place about incompetence is so small that we fre talking about them in a tiny possibility chance that somebody would even be sued, because it doesn't even happen too often when you pay a lawyer. So it seems to me when we dre looktng about helping people, we'll help hundreds and hundreds more people Who will never ever sue, because they receive competentr skillful work from professionals. And I think the bill should be supported .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins: for the second time.
Yes. Thank you, Mr. President. Senator: didn't get a chance to really comment on the bill, but Idm sure that you know this -- this is not a new concept, and you also know that I really do support the whole concept of trying to provide for an opportunity for professional people to give something back to society to help those that are less fortunate, because I introduced a bill last year creating a professional volunteer corps, which actually this bill has just renamed it as something different. Although I didn't grant them immunity from liability. I had the bill in last year, so -- so you know I support the basic concept of your bill. The problem that ï have here, Senator, is on the on the medical providers side; Idm really concerned about that, because the bill does not put any safeguards in it at all that would protect these clinics. If you're -- 'cause that's what you're trying to get at now, allowing them to open up in their own private clinics to provide these services and -- and to relieve then from the liability. But it does not -- it does not put any safeguards there for experimentation and -- and there 's -- thereds just a 1ot of that going on out there in the field. So there -- there -- which also provides greater opportunity for problems to arise out of those kinds of -- kinds of services, and we just cannot afford to do that. But then let me speak to the 69 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 broader issue, and I'd like for the Members on that side of the aisle and -- and a11 of us to really listen to What I have to say here, because this is what is happening in this Chamber, and we're charting a very dangerous course. And -- and I must say to that side of the aisle: I really believe - and I want to believe - that you 're doing it out of a need to respond to some of the critical problems that we are having in this State. But 1et me tell you somethlng, and I know you 're also doing it because you -- you are also trying to establlsh a platform upon -- a political platform , because this is the nature of this whole thing - is a political animal. I understand that, too . But What you lre really doing is charting the same course that gave us Jimmy Carter in the -- in the White House, and thank God for that. And maybe you 'll give us a Democratic Governor, because the kind of courses that you are embarking upon, no matter how well your intentions are, the end results is that you dre showing a lack of compassion and insensitlvity to poor people. If youdre rich: if you're wealthy, hey, you can have one class of services. If youpre poor or if you're a minority, there's another type of services for you. And we will limit your rights. I don't think that's the course that you want to chart here, but everything -- the major issues that you're passing out of this Chamber, in the final analysis, no matter what your intentions are, that's what it'd end up being, and that 's what this bill is, and I think we ought to defeat it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell, to close.
Well, thank you very much. I'd like to addressr first of all, Senator Collins first. Senator Collins, I hope you...tmicrophone malfunctionl...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell, you 're closing. 70 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5# 1993
Yes, I am. Senator Collins, in your city, you have freestanding cllnics - buildings where -- where doctors can go and give their time and their talent, and they are covered by exactly the same immunity that I am talking about. All I want to do is extend that immunity to doctors who don't have the privilege of having a building in their area and are willing to see these same clients in their offices. Senator Berman Senator Berman I talked to the bar association in my county, the Dupage Bar Association in my countyr and told them what your concerns were, and I will tell you they were appalled that an attorney with your reputation would even suggest that attorneys would do what you suggested be negligent of their -- of their clients, whether they were paid or whether they were not. That is not what this bill will do. Doctors and lawyers are still held to the standard of willful and wanton. They can stlll be sued. This Will offer them a small amount of protection. I think it is a good bill. I think we should encourage our professions to give their time and their talent to help those who cannot afford their services, and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 430 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have all voted Who wish? One more time. Have all voted who wish? Take the record. On that question, the Ayes are 29y the Nays are 25, none voting Present. Senate Bill 430, having failed to receive the constitutional majority, declared lost. For what purpose does Senator Fawell arise?
I'd like to have that put on Postponed Consideration, please.
PRESIDING OFFICER: (SENATOR WEAVER) 71 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Postponed Consideration. senate Bill 432. Senator Hawkinson. Read the bill, Madan Secretary.
Senate Bill 432. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Thank you, Mr. President. Senate Bill 432, as amended, amends the Human Rights Act to conform that Act with the Americans On Disabilities Act <s1c>, in regard to the habitual use of illegal drugs or alcohol, and provides essentially that the current illegal use of drugs or abuse of alcohol shall not be considered to be a handicap under the Act. This bill came through the Commerce and Industry Committee seven to zero With one voting Present. A companion bill, House Bill 844, yesterday passed the House on the Consent Calendar unanimously, and I would urge its adoption and would be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator Palmer.
Thank you, Mr. President. Will the sponsor yield for question?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he lll yield, Senator Palmer.
Senator Hawkinsonr I was the one Who voted Present: as you may recall, and I have the sane questions on the Floor that I had then. The question of confidentiality of the drug test - will these become a part of the Worker's record? I donlt find that that was answered in my analysis. 72 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson. Senator Hawkinson.
Thank you, Mr. President. I did not present the bill in committee, so didn't hear the exact phraseology of your question, but I've been advised that this bill does not, in any Way, change the law on confidentiality. If someone is fired, or otherwise treated, because of current illegal use of drugs, that will become part of their personnel record, but this bill itself does not in any way expand -- expand or take away from current confidentiality laws.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Palmer.
One more question. Does that include alcoholism?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
It has -- it has to be affecting the work, or used at work, as I understand it. When this bill was flrst introduced, I saw that the definitions of abuse of alcohol were different in the bill, as introduced, and in the federal 1aw under the EEOC and the Americans For Disabilities Act <sic>. At my request, the people who proposed this bill have amended it, and We amended it here and in the House With Senate Amendment 1, to conform the language to the federal law . So that's the language that is in this bill.
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? Do you wish to close, Senator Hawkinson? The question is, shall Senate Bill 432 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have all voted Who wish? Have a11 voted who Wish? Take the record, Madam Secretary. Senate Bill 432: having received 49 73 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Yea votes, 4 Nays, l voting Present, declared passed.
Senator Garcia, on Senate Bill 435. Pull it out of the record? Take it out of the record. Senate Bill 436. Senator Hasara. Read the billy Madam Secretary. Senator Hasara, do you wish this bill to return to 2nd Reading for the purpose of an amendment?
Mr. Presidentr I move that Senate Bill 436 be moved back to 2nd Reading for purposes of an anendment.
Senator Hasara seeks leave to move Senate Bill -- Senate Bill 436 back to 2nd Reading for the purpose of amendment. Any objections? No objections; so ordered. Now, on 2nd Reading, Senate Bill 436. Senator Hasara. Madam Secretary, read Ehe amendment.
Amendment No. 3, offered by Senator Hasara.
...Mr. President. The original bill is a rewrite of the Mine Subsidence Insurance Article, and Amendment No. 3 is largely technical in nature. It was on the Agreed Bill List in committee yesterday. I move for its adoptlon.
Any discussion? Any discusslon? Those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have The amendment is adopted. Any further amendments?
No further amendments.
3rd Reading . Senate Bill 437. Senator Demuzio. Take it out of the record. Senate Bill 439. Senator Watson. Read the bill, 74 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Madam Secretary.
Senate Bill 439. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Watson.
Yes. Thank you, Mr. President. This legislation does exactly what the Calendar says. It requires the Secretary of State to establish rules and regulations for the issuance of a restricted agriculture-related commercial driver's license. As many of you know, federal government required us to pass a commercial driver's license here in Illinois, and throughout the country, for that matter. Last year the Federal Highway Administration allowed the states to make some changes and issue restricted permits. And this legislation comes on behalf of the Illinois Fertilizer and Chemical Association dealers: primarily those Who are out in the rural area provlding services to the agriculture community. What this would allow is for a restricted CDL to be available a hundred and eighty days a year, which is primarily their peak period, and only operated within a hundred and flfty miles of thelr place of business. I know of no opposition. The surrounding states in Illinois have this provision: Missouriy Kentucky, Wisconsiny Iowa and Indiana. Be glad to answer any questions; otherwise, I'd appreciate your support.
Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Was the technical -- was there a technical anendment to this, Senator Watson, that çives the Secretary of State's Office sone 75 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 time? It was my understanding that the bill takes effect January of -- January of -- 1 of 1994 and the regulations must be in effect January 1, .94. So effectively, We're saying the Secretary of State must do this on the same day that the laW becomes valid.
Senator Watson.
Well, the Secretary of State is fine with this. The -- we did have an immediate effective date put on by Senator Collins, and it -- al1 the provisions have to be in place by January 1st, 1994.
Senator Jacobs.
Thank you, Mr. President. Yes. We were just inforned that the technical aspect has been taken care of. So, thank you very much.
Further discussion? Senator Watson, to close.
I ask for your favorable vote.
Al1 right. The question is, shall Senate Bill 439 pass. Those in favor will vote Aye. Those opposed Will vote No. The voting is open. Have you all voted who Wish? Have you al1 voted who wish? Take the record. On the questionr there are 56 Ayes: no Naysy no voting Present. Senate Bill 439, having received the required constitutional majority, is declared passed. Senate Bill 442. Senator Cullerton. Take it out of the record. Senate Bill 444. Senator Klemm. Read the bill, Madan Secretary.
Senate Bi1l 444. (Secretary reads title of bill) 76 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 3rd Reading of the bill.
Senator Klemm .
Thank you, Mr. President, Ladies and Gentlemen of the Senate. You know, we live in such a fast-paced world today, things change: computers, fax machines, printout sheets and everything else are a part of our everyday life. Senate Bill 444 reflects a change in the Local Governmental and Governmental Employees Tort Immunity Act, so that we can include computers and other electronic transmissions from immunity -- from liability for both public entities and their employees. Right noW the current law includes a protected class of information given either orally or written or in a book or library form . This bill Would include the computer or any other electronic transmission from that immunity, and thereforer I ask for its -- passage of Senate Bill 444.
Any -- any further discussion? Any further discussion? A1l right. The question is, shall Senate Bill 444 pass. Those in favor will vote Aye. Those opposedz Nay . The voting is open. Have you a1l voted who wish? Have you all voted who wish? Take the record. On Senate Bill 444, there are 57 Ayes, no Nays, no voting Present. Senate Bill 4444 <sicl, having received the required constitutional majority, is declared passed. Senate Bill 450. Senator Demuzio, do you wish to move this -- return this bill to 2nd Reading for purpose of an amendment? Is there leave? Leave is granted . On the amendment -- Madam Secretary, would you read the amendment, please.
Floor Amendment No. 1, offered by Senator Demuzio.
Senator Demuzio . 77 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Well, thank you. This Was a -- an amendment that was recommended by the committee for heard yesterday for recommendation on the Floor today, and it's basically technical, and I would move its adoption.
Okay. Any further discussion? If not, on Senate Amendment No. to Senate Bill -- excuse me. Senator DeAngelis. SENATOR DeANGELIS: I'd like to have the Senator explain his amendment.
Madam Secretary, has the amendment been circulated? The clerk indicates to me it has been circulated : Senator -- you have a question, Senator? Senator DeAngelis. SENATOR DeANGELIS: I just Want the Senator to explain his amendment; that's all.
Okay. Senator Demuzio. SENATOR DEMUZIOI It takes out redundant language: such as the Purposes Fund, as we explained yesterday, and that's al1 it does.
Senator DeAngelis. SENATOR DeANGELIS: Does remove any funding sources, or add any funding sources, or switch any...
Senator Demuzio .
No.
Any further discussion? Senator DeAngelis. Any further 78 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 discussion? A1l right. On Amendment No. l to Senate Bl11 450, all those in favor, signify by saying Aye. Those opposed, Nay . The Ayes have it. The anendment is adopted. Now, are there any further amendments?
No further amendments.
3rd Readinq . Senate Bi11 460. Senator Topinka. Read the bill.
Senate Bill 460. (Secretary reads title of b111) 3rd Reading of the bill.
Senator Topinka .
Yes. Mr. -- Mr. President and Ladies and Gentlemen of the Senate, this amends the Donestic Violence Act to allow a petition for an order of protection to be filed by a police officer on behalf of a person alleging abuse by a family or household member. It comes to us from State's -- Dupage County State 's Attorney Jim Ryan's office . It has been an issue that that We've kicked around in a group called the CALEO Foundation, Which annually halds a -- a meeting and a seminar and brings together experts on domestic violence - what can be done. One of the problems has traditlonally been that a person who has suffered domestic violence just fears to file a complaint to ask for assistance, for fear that it's going to start again, or start back the next day or not stick With the complaint. This would make it easier for the police officer on the scene to -- to discretionarily decide that was time to do it, thus making it easier for the -- for the person who is being abused. I would seek your favorable roll call 79 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 on
Senator Cullerton.
Yes. Would the sponsor yield?
The sponsor indicates that she will yield. Senator Cullerton.
There's a couple of phrases in the bill that are a little unclear to me, so if you could just explain what they -- what they are intended to mean. The Word ''on behalf of'' which is on page 2 of the bill. On behalf of the fanily or household member. Does this mean with the knowledge, or with the permission of that household member?
Senator Topinka.
It is not my intent to cover permission or request or need or desire or anything on the part of the victim. This leaves discretionarily to the police officer.
Senator Palmer.
The second question: With regard to the term ''alleging abuse'' - - ''of the person alleging abusen. Does that have to be a victim of the abuse, or could it be a witness?
Senator Topinka.
That is to mean the victim.
Senator Palmer. 80 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Thank you, Mr. President. A question of the sponsor.
Sponsor indicates she will yield. Senator Palmer.
Senator, I'm just curious; have you talked to womenfs organizations about this? The reason I'm asking is, I Wonder if you have any sense of what the consequences would be. And I understand what your bill is trying to do, and I agree with you that victims of abuse are often reluctant to file claims, but I'm just wondering even if someone else does this, what could the possible consequences be to that victim? Do you have some follow-up to this? What are women 's organizations saying about your bill?
Senator Topinka.
I have no idea.
Further discussion? If not, the question isz -- Oh, excuse me. Senator Hawkinson.
Thank you, Mr. President. Will the sponsor yield for a question?
She indicates she'll yield. Senator Hawkinson.
Senator, I assume since this is coming from the State's Attorney of Dupage, that Wefre not changing, in any way, the actual method of filing these petitions, that the -- the police officer, as petitioner, would go through the State's attorney or another attorney, rather than directly filing himself or 81 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 herself. Is that correct?
Senator Topinka.
That is correct.
Any further discussion? Senator Topinka , to close.
Just to seek a favorable roll call.
On -- the question is, shall Senate Bill 460 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you al1 voted Who wish? Have you al1 voted Who Wish? Take the record. On the question: there are 56 Ayes, no Nays, l voting Present. Senate Bill 460, having received the required constitutional majority, is declared passed. Senator Cullerton.
Yes. Thank you, Mr. President. As you know , the Rules Committee was meeting when we were in Session. I understand I had a bill on 3rd Reading that I have an amendment that Was adopted or approved to be -- for adoption in committee. I wonder if I could have leave to go back to that bill, just so I can adopt the amendment.
I don't see any problem with that. Is there any objection? No objections. Leave is granted. On the bottom of page 15, Senate Bill 442. Read the bill, Madam Secretary.
Amendment No. offered by Senator Cullerton.
Senator Cullerton.
82 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Thank you, Mr. Presidenty Members of the Senate. This bill amends the Condominium Property Act. The amendment was suggested by the Condominium Committee of the Chicago Bar Associatlon. It simply decreases the term from eighteen to thirteen months of a lease that a board is able to enter for a unit when it has been given possession, and it makes another technical change, and I would move for the adoption of Amendment No. 2.
Any further discussion? Senator Fawell. Senator Fawell.
Thank you very much, Mr. President. While we're on that order of business, I wonder if we could allow me to take Senate Bill 908 back for the same reason. There's a technical amendment.
You know, the only reason I -- We gave leave to Senator Cullerton, because he was in the Rules Committee. You know, we can't keep going back on the Calendar. It makes it most difficult for the clerk also, and it just slows down the whole process. I'm only doing it because he 's normally on the Ploor and on his seat, but he was at the Rules Committee meeting, which he had to be at, and that's the only reason. Any further discussion? A1l rlght. On Senate Amendment -- oops. Senator Peterson.
Thank you, Mr. President. Will the sponsor yield?
Sponsor indicates he eill yield. Senator Peterson.
Senator Cullerton, I wanted to know if this amendment has been approved by Representative Levin?
Senator -- I hope not. Senator Cullerton.
83 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leglslative Day April l5, 1993 No. I can assure you that he 's opposed to the amendment, and I would ask for its adoption.
All right. Any -- any further discussion? If not, on Amendment No. 2 to Senate Bill 442, al1 those in favor, signify by saying Aye. Those opposed, Nay. Ayes have it. The -- the anendment is adopted . Any further amendments?
No further amendments.
3rd Reading. Senate Bill 464. Senator Dunn. Read the bill, Madam Secretary.
Senate Bill 464. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Dunn.
Thank you, Mr. President. This bill would make it a Class A misdemeanor for a teacher or otherwise certiflable school school employee to make a false statement or leave off employment history on their applicatlon for employment at the school. This bill passed out of the Education Committee unanimously. urge its adoption.
Okay. Any further discussion? If not, Senator Dunn, to close.
Urge an Aye vote.
All right. The question is, shall Senate Bill 464 pass. 84 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Those in favor will signify by voting Aye. Thoser Nay. The voting is open. Have you all voted Who wish? Have you all voted who wish? Take the record. On the question, there are 57 Ayes, no Nays, no voting Present. Senate Bill 464, having received the required constitutlonal majority, is declared passed. Senate Bill 465. Senator Dunn. Read the bill, Madam Secretary.
Senate Bill 465. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Dunn.
Thank you, Mr. President. About five years ago I passed a bill that said that if you deal With the State of Illinois and you are the beneficial -- hold a beneficial interest in a secret land trust, that the public had a right to know when you dealt with the State of Illinois or any subdivlsion thereof. This bill expands that a little bit, and states that if you add a beneficial interest person during the term of a lease with the State, the State shall be notified of that addition, and if you take someone off of that trust - their beneficial interest that the State is entitled to notice that that individual has been deleted. It also requires that a complete copy of the land trust be delivered to the leasing agency of the State of Illinois, so that the State has a full opportunlty to investigate the beneficial interests of the land trust. I'm happy to answer any questions.
Any further discussion? Any further discussion? Senator Dunn, to close.
This passed unanimously out of the Judiciary. I urge an Aye 85 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5# 1993 vote.
Al1 right. The question is, shall Senate Bill 465 pass. Those in favor Will signify by voting Aye. Those opposed, Nay. The voting is open. Have you al1 voted who wish? Have you all voted Who wish? Take the record. On the question, there are 57 Ayes, no Nays, no voting Present. Senate Bill 465, having received the required constitutional majority, is declared passed. Senate Bill 466. Senator Mahar. Read the bill: Madam Secretary.
Senate Bill 466. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Mahar.
Thank you, Mr. President and Members. The first part of this bill allows the Pollution Control Board or a court to abate a penalty which was assessed under the Environmental Protection Act. The abatement may not exceed eighty percent of the penalty, and this would only happen when the abated amount would go to the renediation of the -- of the site. And the abatement is only available when the defendant shows that there was not a technologically feasible or economically reasonable opportunity to prevent the violation. The second portion of the -- of the bill, as amended, incorporates Senate Bill 338 into the legislation, and what this would do, this -- this part would hold these -- hold persons liable for only their proportionate share of the costs incurred in remediating or removal action, rather than the entire cost, as the law ls now. I'd be happy to answer any questions.
86 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senator Welch.
Well, thank you, Mr. President. Like to point out for the Members Who have been here for a while that this bill has been up for the last four or five years, and what it does is it eliminates the joint liability requirement for cleaning up a -- a waste site. So if you have a landfill that's contaminating your water supply in your community, lnstead of everyone who contributed to the landflll being responsible, the State Will have to prove each individual contributor and the percentage of waste they contributed to that particular site that caused the contamination. Obviously, this is going to be a next-to-inpossible job. What it's going to do isr in those sites where we have leaklng underground tanks, if there are several gasoline stations in one area, the State will have to prove what percentaqe of gasoline contaminating your underground water supply came from each individual gasoline station. That 's probably going to be an impossible task. So what you have here is the effect of eliminating the ability of the State to clean up these source of - - of contamination With the contaminator's money . So who's going to pay for it? It's going to be our constituents. It's going to fall, once again, upon the State General Fund to pay for these, or the overburdened Underground Storage Tank Fund. Neither fund has any money. We're, right now, over ten million dollars behind in cleaning up underground fuel tanks that leak. To pass this legislation is going to result in Illinois being even further behind. It's going to result in contaminated sites not being cleaned up, and it's going to result in one of the Worst polluted States in the country. I think we should do as we have in the past, and defeat this bill. I Would urge a No vote.
Senator Palmer. 87 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Thank you, Mr. President. I would also like to point out to the Body that this is a bill we should question very seriously. I was listening to public radio this mornlng, and I'm sure all of you are aware of the water situation in Milwaukee. has led groups to take a hard look at our water supply in this country. It is becoming threatenedz and I suggest to you that when we permit this kind of questionable legislation which, as Senator Welch pointed out, is asking us to pick out of an -- a dangerous situation who is responsible for what piece of the danger, we are leaving ourselves vulnerable in ways that we don't have to . And strongly urge us to vote No on this bill.
Further discussion? Senator Mccracken. SENATOR MCCRACKEN ) We don't have to leave ourselves vulnerable, according to the previous argument, but that's true only if you feel that the concept of fault is outmoded in American traditions of law and justice. That is al1 this bill is about. All we are asking is that fault be the basis for the apportionment of damages, period . That is the entire controversy at issue. Everyone will stand up and séy, 'IWell, the sake of the environment demands that we abandon al1 these years and traditions of logic and justice.' Enough is enough. You know, just because someone stands up and says, ''Hey, it's the environmenty'd we donft a1l have to turn a shade of green just because that's the issue, my friends. Some people can still stand up and say, ''We believe in fault being the basis for any liability in our society.'' I respectfully submit that's al1 this does.
Senator Palmer, for the second time.
88 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Thank you, Mr. President. And I apologize for rising for a second time, but if we pass this legislation, Senator Mccracken nay end up turning green from the consequences of such legislation. I Want to point out -- I know that Senator Mccracken is very fond of talking about the Constitution and other measures. I am also a student of Thomas Jefferson, whose birthday We celebrated the other day. Thonas Paine. And I remind all of this Body that there is a part of the American public that should be the common good. Thomas Paine called it conmon sense. This is one of the matters where We ought to focus on what is common sense. This is not a question of placing blane and you pick out - out of a pool of dirty water, or a pool of collected garbage or any other matter - whether it's your garbage or mine. The fact is that the consequences of having such will infect and affect your children, mine and everybody else's. So this is not a qood bill.
Senator Welch, for the second time.
... lmicrophone cutoffl...since I raised the issue of -- of fault and liability, and Senator Mccracken responded, 1et me respond to him . Senator Mccracken, you hit the nail on the head. The question is fault. And those who are guilty of being at fault should pay the price. Not all of us sitting here Who are citizens of the State who had nothing to do with these sites being contaminated. Not those individuals in those towns whose gasoline tanks leaked, but the several gas station owners who are directly responsible. That's who's at fault, and that's the question. Youdre right. Those at fault should pay. What this bill says is that, if you can't prove it, it's going to be a liability of the State of Illinols. And if the State of Illinois has to pay it, it's spread out throughout a11 of us, and those of us not at fault end up paying . So I agree, Senator Mccracken. Those at fault 89 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 pay. The question is one of proof.
Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, Will the sponsor yield for a question?
Sponsor indicates hepll yield. Senator Geo-Karis.
This abatement provision - isn't lt true that it's only available when the defendant shows that there -- that there Was not a technologically feasible or economically reasonable opportunity to prevent the violatton?
Senator Mahar.
No, Senator Geo-Karis. I thlnk the -- the debate, as -- that we're discussing now is the other portion of the bill. That portion that you're referring to is -- has to do with the abatement of the eighty percent to go back to clean up the -- clean up the site. I think that the discussion that is going on on the Floor today is dealing with proportionate share.
Senator Geo-Karis.
Well, I understand correctly, the -- currently, aren 't the penalties imposed under the EPA deposited in the Environmental Protection Trust Fund or the Hazardous Waste Fund? And thus, those penalty funds are -- are not necessarily used to correct the violations for which they were imposed. And my understandinç is that this b1ll would provide a mechanism for the penalties to be used for correction of the violation, rather than being available 90 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 for nonrelated expenditures. Isn't that so?
Senator Mahar.
I'm sorry. Under that -- that portion of the billr that is correct.
Further discussion? Senator Mahar, to close. Senator Mahar, to close.
Thank you, Mr. President, Members. The discussion that We have heard for the last few minutes deals with the questlon of fairness and I've heard these terms used today - and common sense. There was a -- a hazardous waste site that required a fourteen-million-dollar cleanup in my -- my previous district, and under this particular 1aw -- and it was a and it was a site where they were recycling fuels. The fuels Were then kept underground. The -- the owner of the -- of the property took off, and the State was obligated to come in and -- and clean up that site at a cost of fourteen million dollars. There is a -- cases where an individual -- a small company would have their -- their oil recycled at that site, and only have two barrels there. Under this law , they would be liable for every penny of the cost. Their assets for their -- for their -- for their business didn 't accrue to fourteen million dollars. That's entirely wrong. Fairness would dictate that we have that we -- we should have proportionate share obligation. This come to us fron the Illinois Manufacturers' Association, who many of their members have experienced this unfairness, and I would ask for a favorable roll call.
A1l right. The question is, shall Senate Bill 466 pass. 91 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have you all voted Who Wish? Have you all voted Who wish? Take the record. On the question, there are 31 Ayesy 23 Nays, 3 voting Present. Senate Bill 466, having received the required constitutional majority, is declared passed. Senator Welch.
Would ask for a verification of the affirmative vote.
That's always in order. Senator Welch has requested a verification. Will al1 the Senators be in their seat, and will the Secretary read the affirmative votes.
The following Members voted in the affirmative: Burzynski, BuEler, Cronin, DeAngelis, Donahue, Dudycz: Ralph Dunn: Fawellr Geo-Karis, Hasara, Hawkinson, Jacobs, Karpiel, Klemmg Lauzen, Madigan, Mahar: Maitland, Mccracken, O'Daniel, O 'Malley, Peterson, Petka: Rauschenberger, Sieben, Syverson, Topinka, Watson, Weaver: Woodyard and Mr. Presldent.
Does Senator Welch...
Yeah.
.. . question the presence of any Member voting Aye?
Yes. Senator -- Senator Weaver?
Senator Weaver's in his seat.
Senator -- Senator Dudycz?
Senator Dudycz. There he's -- just coming out of the phone 92 ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 b00th. Any further questions, Senator Welch? SENATOR WELCH: Senator Watson over there? PRESIDENT PHILIP: Senator Watson is in that beautiful green coat, sitting in his seat, for a change. Any further -- any further questions? SENATOR WELCH: Senator Madigan? PRESIDENT PHILIP: Senator Madigan is sitting in his seat. SENATOR WELCH: Let's see... PRESIDENT PHILIP: Any further questions? SENATOR WELCH : Senator -- there's Senator Lauzen. No -- no further questions. PRESIDENT PHILIP: Okay. Thank you. On a verified roll call, there are 31 Ayesg 23 Nays, 3 voting Present. ea.tmicrophone cutoffl...Bill 466, having received the required constitutional majority, is declared passed. Senate Bill 469. Senator Peterson. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: Senate Bill 469. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT PHILIP : Senator Peterson. SENATOR PETERSON: Thank you, Mr. President and Members of the Senate. Senate Bill 469 amends the stormwater management provision of the 93 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5y 1993 Counties Code to authorize the imposition of service charges. Provides that the proceeds from service charge, Where imposed, shall replace the property tax funding for service qsic> Water management plan implementation. Also would allow issuance of certain revenue bonds for stormwater management capital improvements. The powers authorized may be implemented for a portion of the county. I ask for your affirmative vote on Senate Bill 469.
Any further discussion? Any further discussion? The question is, shall Senate Bill 469 pass. Those in favor Will signify by voting Aye. Those opposed, Nay. The voting is open. Have you all voted who Wish? Have you a11 voted who Wish? Take the record. On the question, there are 50 Ayes, 5 Nay, l votinq Present. Senate Bill 469, having received the required constitutional majority, is declared passed. Senate Bill 472. Senator Berman. Read the bill, Madam Secretary. END 0F TAPE TAPE 3
Senate Bill 472. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Berman.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 94 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senate Bill 472 merely requires that any State agency or unit of local government that grants any economic business incentive to private entity shall provide in writing the incentives provided, the performance standards for the private entity, a statement that the parties understand the provisions of this Act, and the penalties for violating the contract. This grew out of a situation in Ypsilanti, Michigan, were there was substantial incentives given, local property tax breaks, and after a very short time the plant closed up, people were out of -- out of jobs, and al1 that we dre suggesting here - which is in response to a -- What I thought Was a very well-done Chicago Tribune editorial - is to require that, when there is lncentives given, it be put in -- into writing so that everybody understands the gives-and-takes of those business incentives. Be glad to respond to any questions.
Senator Klemm.
Well, thank you: Mr. President, Ladies and Gentlemen of the Senate. You know, -- I -- I served on the Executive Committee when this bill came through and it certainly sounded like a good idea when we looked at it. But running a business myself, I was trying to sit down the last few days to think of some of these bills and how they work in the real world, and I have some questions on Senate Bil1 472 that I think I wanted to share with the Senate about concerns from a small businessman myself to some of you -- some of you that maybe aren't as familiar with was reading it and I find out that current laW now can allow everything that's done without the parties engaging in a contract. So then, as a forner chairman of a county board, I thought to myself, doesn 't that seem to impose more costs on local government in order to impose this agreement that they have to form a contract, the small businessman has to again engage in some legal 95 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 profession to -- to do work that now is not even required to do. So it's a cost, it seems to me, on small business and it seems to be a cost on local governnent to do what we can do already . I was concerned about what the contract is violated. There's no provision in the bill that even gives protection to either parky, so I was concerned about that. I had a problen with, again being a snall business that I am# it seems like I'm creating more paperwork for myself. Creating more bureaucracy, I guess, within State government, to do what I don't have to do now to enact the provisions that think the Senator is trying to dor and I commend him for it. So I'm thinking that, again, it's alnost like an unfunded mandate, Ifve got to go out and require a1l this extra expense as a small business person and a small local government has to do it. I was concerned about relocation. My company gets a number of requests to relocate to various states and various communities to bring our economic wealth or economic employment to that community, and I thought what if wedre under contracts; what if those want to come back to Illinois from other states. Don't we have a problem of creating contracts and strings attached to all these things that seems to be unnecessary and may actually defeat our economic growth in Illinois? So I have some serious concerns abouk 472, and I would think Members who are concerned about business would -- would not look favorably upon the bill. As much as I know as the Senator Who sponsored the bill is trying to act in our behalf, I don't think this is the vehicle.
Senator Butler.
Thank you, Mr. President. Questton of the sponsor.
The sponsor indicates he would yield. Senator Butler.
96 STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senator, I agree that the intent of the bill seems to be good. I1m bothered that there is no there is no base to this. In -- in other wordsy if I as a mayor agreed to put in a -- a light at the corner or a culvert or something of relative minor inportance, would I have to work through a contract on somekhing that would be relatively -- relatively minor? In 6ther words, what is the standard that we applied here When this thlng kicks in?
Senator Berman.
That's a good question, Senator. Let me suggest to you the words that are key here is ''economic business incentive''. So that your traffic light situation I don't think would apply, because that's not a direct business -- economic business incentive. If you cut their real estate taxes, that would be a economic business incentive.
Senator Butler.
Well, I guess, just to clear this, this is not permissive -- this is -- I read it as ''you must do''. So againy it's in the eyes of the beholder as to what is important or not important. Is is that -- exactly what is the intent? I -- I can see it as an extreme, I agree with you, but I -- I'm concerned about the bottom - - the -- the -- the lower cost.
Senator Berman.
The purpose of the bill is to have the governmental entities, that want to provide economic incentives, to think about the upside and the downside. And when you put something in writing you give it more thought. We provide in here that the parties 97 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 shall talk about penalties and that when We -- you know, company comes in and says, ''Wel1, I'm going to locake in Illinois; I Want a pass on real estate taxes for X number of years.'' If you're going to put in writing, maybe that governnental entity thatts going to grant that ought to say, ''You want a pass on your real estate taxes for ten years; what if you don't stay tn business for ten years?'' It raises the question of: What's the giveback? What's *he tradeoff? What's the protections? That's a1l that thts is. We want to put in writing so that there's some thought given to both sides, and that's what happened in Ypsilanti. There Was talk about a ten-year property tax giveaway to or rebate to General Motors. There were fifteen thousand jobs -- I'm sorry, forty-five hundred jobs that were involved. After tko years the company pieked upe decided to go to a different state, because they could manufacture the same car cheaper. They didn't have to give back any of the benefits that they received. They didn 't have to...
Could we have -- could we have a little order, please. The -- the noise volune is getting up, and I can't even hear the speaker. Senator Berman.
The only point of this bill and that's why it's a very general bill, if the governmental entity thinks that the tradeoff for jobs, the eradeoff for economic developmene, is worth the incentives, so be it. But it ought to be something that's thought out, put in Writing, both pro and con, so that we, the taxpayers who are giving these incentives - that's who's giving it: the taxpayers - that the taxpayers understand that there 's something in writing, our elected officials have thought about b0th the pros and cons. If -- it certainly -- if we require things in Writin: for leases: for real estate deals, et cetera, this -- this is 98 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 certainly a very nominal requirement for business incentives from government to also be put in Writing.
Senator Butler.
Senator, donît misunderstand me, I'm in favor of -- of the idea. I just am concerned about, again, going back to where it might be some minor improvement, and lt may be enough incentive to get somebody to move in. Maybe the way to ask -- to question it is, is the term ''economic business incentive'' defined in the -- in the Act itself?
Senator Bernan.
No, it's not, and if we pass it out, do you want some kind of a definition? I don't want to be so restrictive that somebody figures a way around I -- I-- I Want broad so that the taxpayers and businesses understand what their pros and cons are; that's all.
Senator Watson.
Yes. Thank you . Senator Berman, I understand what you're trying to do here and I -- I can appreciate your concern for the problem in Michigan, and possibly even if would happen here. But 1et me tell you, I'm -- I'm one Who 's very active and involved with my local communities in my district in ehe area of economic development. And in one particular case that we're workinq on right now, in a town about twenty miles from us: we're -- Illinois and that particular community is competing With Arkansas, Kansas, Texas and Indiana for about five hundred new jobs and the retention of two hundred more. Now Illinois, unfortunately in 99 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 many instances, has a job climate or a business clinate that is not necessarily supportive of economic growth. And it's tough out there now for these communities to try to establish work for the people in -- which live and reside in their respective towns. And if we create more hurdles and more paperworkr all we're going to do is create another hurdle out there for the local communities to ultimately have to jump in order to attract that industry and those jobs to their respective communities. And as I look through our analysis, and I see the people Who support this legislation, it's the very indlviduals that We are trying to help . Communities, State of Illinois Department of Commerce and Community Affairs - what few people are left over there - try and do a good job, trying to create jobs for the people of Illinoisr and I look to see Who supports this type of legislation, and it's the very people that we're tryinq to put to work. I think it's a bad idea . I think We should vote No.
Senator Palmer.
Thank you, Mr. President. I urge the Body to take a step back from this, instead of lookin: at this as one of the age-old tensions between labor versus management, and I ask you to shift your attention to another operative -- other operative words here. Wedre talking about State agency and local -- units of local government having the ability to be accountable. In this Body we have former mayors, we have people who have headed agencies, thtnk about this from the point of view of being a legislator in the Senate, in Ehe House, a Member of the State General Assembly, where it is our responsibility to be accountable for the dollars that we let out each year. All this bill is saying is that a fair practice - an accountable practice - is to make sure that both parties to a contract understand the terms of those -- the 100 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15: 1993 contract and are prepared to act on them. cannot imagine that any Member in this Body does not want us to be accountable for State dollars, and I can't imagine that any head of a unit of local governnent wants to commit major dollars to a project and run the risk of losing those dollars at a later time, when moneys are scarce. urge you to support this bill.
Senator Karpiel.
Yes. Thank you, Mr. President. I think enough has been said on this bill, but I rise as Chairman of the Executive Committee just to say that this bill did come out I believe on the Agreed Bill Llst. Since the bill came out, DCCA has come out against the bill. They feel that it sends a negative message to business, particularly small business in the State.
Senator Berman, to close.
Thank you. I'm glad that the Chairperson of the committee stated that, because I know that it came out on the Agreed Bill List, and I've got a copy of all of the Witness sllps. There were no opponents registered, and if DCCA is listening, DCCA has never contacted me or our staff regarding a position on this bill, and DCCA, I want you to see me after this debate . If you take a position on one of ny bills, I expect a little courtesy to know what position you have. In the committee you took no position. Now besides their lack of courtesy, let me point out to you, Ladies and Gentlemen, that a11 that this bill is suggesting is that when we give governmental econonic incentives to bring in jobs, to keep jobs, to provide for economic development, that that ought to be in writing between the recipient and the governmental agency that's providing those incentives. That's good business. l0l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15: 1993 That's good government. It's good sense. I urge an Aye vote.
All right. The question is, shall Senate Bill 472 pass. Those in favor, vote Aye. Those opposed, Nay. The voting is open. Have you a1l voted who wish? Have you a1l voted who wish? Have you all voted who wish? Take the record . On the question, there are 28 Ayes, 24 Nays, 4 voting Present. Senate Bill 472, having not received the required constitutional majority, is declared failed . Now, House Bills 1st Reading, Mr. Secretary. Oh, excuse me. Senator Dunn. Okay. House Bills lst Reading.
House Bill 1803: offered by Senators Geo-Karis and Klemm . (Secretary reads title of bl1l) House Bill 99, offered by Senators Berman and Carroll. (Secretary reads title of bill) House Bill 207, by Senator Burzynski. (Secretary reads title of bill) House Bill 228, by Senator Garcia. (Secretary reads title of bill) House Bill 239, by Senators Donahue and Klemm. (Secretary reads title of bill) House Bi11 246, Senator Collins. (Secretary reads title of bill) House Bill 392, by Senator Berman. (Secretary reads title of bill) House Bill 462, Senator Hasara. (Secretary reads title of bill) House Bill 644, by Senator Hasara. (Secretary reads title of bill) House Bill 671, Senator Collins. (Secretary reads title of bill) House Bill 698, by Senator Palmer. l02 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 (Secretary reads title of bi11) House Bill 729, Senator Burzynski. (Secretary reads tltle of bill) House Bill 745: Senator Collins. (Secretary reads title of bill) House Bill 795. Senator Berman. (Secretary reads title of bill) House Bill 824, Senator Jacobs. (Secretary reads title of bill) House Bill 840, Senator Donahue. (Secretary reads title of bill) House Bill 916, Senator Sieben. (Secretary reads title of bill) House Bill 965, Senator Hendon. (Secretary reads title of bill) House Bill 989, by Senator Klemm. (Secretary reads title of bill) House Bill 1039, Senators Madigan and Jacobs. (Secretary reads title of b111) House Bill 1218, Senator Berman. (Secretary reads title of bill) House Bill 1293, Senator Burzynski. (Secretary reads title of bill) House Bill 1387, Senator Berman. (Secretary reads title of bill) House Bill 1507, by Senators Watson and Burzynski. (Secretary reads title of bill) House Bill 1540, by Senators Lauzen and Petka. (Secretary reads title of bill) House Bill 1621, by Senators Watson and Woodyard . (Secretary reads title of bill) House Bill 1636, Senator Klemm. l03 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 (Secretary reads title of bill) House Bill 1650. (Secretary reads title of bill) Offered by Senators Hawkinson and Jacobs. House Bill 1761, by Senator Woodyard. (Secretary reads title of bill) House Bill 1852, by Senator Topinka. (Secretary reads title of bill) House Bill 1897, Senators Geo-Karis and Klemm . (Secretary reads title of bill) House Bill 2292, Senator Klemm . (Secretary reads title of bill) House Bill 2347, by Senator Hendon. (Secretary reads title of bill) And House Bill 2377, by Senator Topinka. (Secretary reads title of bill) lst Reading of the billsy Mr. President.
Senator Dunn - Ralph Dunn - for what purpose do you arise?
Fine. Thank you. I -- I'd like permlssion to table Anendments 2 and 3 to Senate Bill 626.
Senator Dunn moves to table Amendment and to Senate Btll 626. A1l those in favorr signify by saying Aye. Those opposed, Nays. Those three anendments are tabled. Senator Dunn.
I also would like to announce that we 'll not be meeting the State Government Operations and Executive Appointments Committee Will not be meetinq today at noon. Thank you.
Senator Welch. 104 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
Thank you. I'd -- motion to table.
It's always in order.
I'd move to table Amendment No. l to Senate Bill ll0 and Amendment No. to Senate Bill 185.
Senator Welch noves to table Amendnent No. l to Senate Bill 110 and Amendment No. 2 to Senate Bill 185. Any objections? Excuse me. Did I get you the wrong one?
Amendment l to both.
Oh. I'm sorry. Amendment 1 to Senate Bill 185. Any objections? A11 those in favor, signify by saying Aye. Those opposed, No. Ayes have 80th amendments are tabled. Senator Severns.
Thank you, Mr. President. Also on that order of business, I would move to table Amendments l and 2 to Senate Bill 868, please.
Senator Severns moves to table Amendment l and 2 to Senate Bill 868. Any objections? Al1 those in favor, signify by saying Aye. Those opposed, Nay. Those tWo amendments are tabled . Senator Geo-Karls.
Mr. Presidentr I wonder if I could ask leave to bring Senate Bill 56l back to 2nd Reading for the purpose of putting a technical amendment on.
Senator Geo-Karis, we're not at that order of business; we 're l05 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 just about ready to adjourn for committee hearings.
Oh, al1 right.
We'll -- we'll put it on recall. We -- We will do eventually. Senator -- Senator Barkhausen.
Mr. Presidentr some -- somewhat on the sane order as the prtor order of business, I Would request two bills, Senate Bill 452, that the sponsorship be changed from me to Senator Cronin, and then with regard to Senate Bill 1069, that the sponsorship be changed from myself to Senator Mccracken.
You've heard the motion. Hearing no objections, so ordered. Senator Geo-Karis.
I'd like to recall Senate Bill 536, as Well as Senate Bill 561, to 2nd Reading for purposes of a technical amendment.
Senator, we dre not that -- Senator Syverson.
Thank you . Just purpose for announcement. Local Governnents will meet immediately following , Room Al. Thank you.
Senator Woodyard.
Thank -- thank you, Mr. President. An for purposes of an announcement, the Senate Ag, Conservation Committee will not meet this afternoon.
Just so everybody understands, we're going to read Committee Reports here in a minute. We're going to recess until 2:30 till l06 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 so all those committees can meet and hopefully do something with al1 those amendments that are pending in committee. So and that's -- these are the commlttees that are meeting: Transportation, State Government, excuse me, not State Governnent, Local Government, Financial Institutions, Environment and Energy, Revenue, not Agriculture. A11 right. Senator Butler.
For purpose of announcement, Mr. President. The Commerce and Industry Committee will meet promptly, underline promptly, at o 'clock. We want to be out of there by 2:30.
Senator Fawell.
Thank you. For purposes of announcement. The Transportation Committee will meet immediately. We only have tWo amendments. We can get out of there in about ten minutes if everybody comes immediately.
Wonderful. Committee Reports, Mr. Secretary. Committee Reports.
Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measures have been assigned to committees: Referred to the Committee on Environment and Energy - Senate Amendment 2 to Senate Bill 530) to the Insurance, Pensions and Licensed Activities Committee - House Bill 1910, and Senate Amendment 3 to Senate Bill 252) to the Judtciary Committee - Senate Amendments 2 and 3 to Senate Bill 1837 to Local Government and Elections - Senate Amendment 3 to Senate Bill 714) to the Revenue Committee - Senate Amendment 3 to -- Senate Bill 6727 and to the Committee on Transportation - House Bill 1585.
107 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senator Weaver moves that the Senate stand in recess till the hour of 2:30. 1'11 remind the Members that we're going back to 3rd Readings and everybody should be in their seat because, as you know, that's final passage. So we stand in recess till 2:30. (SENATE STANDS IN RECESS) (SENATE RECONVENES)
The Senate will reconvene. The time is after 2:30. Committee Reports.
Senator Fawell, Chair of the Committee on Transportation reports Amendment No. l to Senate Bill l57 Be Adopted ; Amendment to Senate Bill 868 Be Adopted; and Amendment to Senaee Bill 734 Tabled. Senator Barkhausen, Chair of the Committee on Financial Institutlons, reports Amendment No. 3 to Senate Bill 888 Be Adopted; and Amendment 3 to Senate Bill 1021 Be Adopted. Senator DeAngelis' Chair of the Committee on Revenuee reports Amendment No. 2 to Senate Bill 384 Be Adopted; and Amendment No. 3 to Senate Bill 558 Be Adopted. Senator Syverson, Vice Chair of the Committee on Local Government and Elections, reports Amendment No. to Senate Bill 47 Be Adopted; Amendment 3 to Senate Bi1l l29 Be Adopted; Amendment 2 to Senate Bi11 638 Be Adopted; Amendment 4 to Senate Bi1l 85l Be Adopted; Anendment 1 to Senate Bill 1085 Be Adopted; and Amendment 3 to Senate Bill 714 Be Adopted. Senator Mahar, Chair of the Committee on Environment and l08 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Energy, reports Senate Amendment No. 2 to Senate Bill 530 Be Adopted; Amendment 3 to Senate Bill 597 Be Adopted; Amendment 4 to Senate Bill 6l6 Be Adopted; Amendment 4 to Senate Bill 626 Be Adopted; and Amendment 2 to Senate Bill 610 Tabled by sponsor. Senator Butler, Chair of the Committee on Commerce and Industry, reports Amendment No. to Senate Bill 609 Be Adopted; Amendment 2 to Senate Bill 632 Be Adopted; Amendment 3 to Senate Bill 632 Be Adopted; and Amendment 2 to Senate Bill 743 Be Adopted.
Resolutions, Mr. Secretary. SECRETARY HARRYJ Senate Resolution 268, offered by Senator Rea. It's congratulatory.
Executive Committee. Excuse me. Consent Calendar.
And Senate Joint Resolution 45, offered by Senator Fawell. It's substantive.
Executive Committee. Al1 right. We 're going to 3rd Readings. We 're on the niddle of page l6. Senate Bill 478. Senator Dunn. Read the bill, Mr. Chairman -- Mr. Secretary.
Senate Bill 478. (Secretary reads title of bil1) 3rd Reading of the bill.
Senator Dunn.
Thank you, Mr. President. I think I'd like to enter into a discussion with the Chair for a few minutes if I could. Looking 109 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 at this mlght be the first filibuster We -- we may have to have, to have enough votes here.
The phantom will strike.
For a11 those individuals sitting in their offices that might be listeninç, I'd like to urge them to come down, or come up , as the case may be. I think the problem is if I get a1l the votes here it's not enough: so...
Is the bill that bad?
I'm sorry. I didn't hear you.
Is the bill that bad?
No. It's that good. I just want everybody to have an opportunity to vote on this, and this is one of those reelection bills for everybody, I'm sure. So it's for the good of the Body.
Welle Senator Berman is here. We can start.
Senator Berman 's here. A1l right.
Senator Hawkinson, what purpose do you arise?
Thank -- thank you, Mr. President. Will the sponsor yield for a question?
Sponsor indicates he would yield. Senator Hawkinson.
Yeah, talk to you about it, Senator. We've had some ll0 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 legislation this year requiring community service, particularly in the area of youthful drunk drivers and -- and the like, and We've required certain numbers of hours of community service, and those bills this year, I think for the first time, have -- have indicated that if there is no community service program available within the jurisdiction, that there is an alternative. Is there any provision in this bill that -- that only requires it when there is something available to the sentencing court?
Senator Thomas Dunn.
Thank you for the question. No, there's -- there's no such provision, but obviously were that situation were to exist, I would be willing to put an amendment on to -- to cover that aspect in the House. And I really didn't have a chance to explain the bill, since some of our Members weren't here. For their benefit, what this bill does is -- is mandate that an individual who commits fraud upon the Public Aid service that we have in the State of Illinois, that individual will be mandated to serve public service at the rate of five dollars an hour. While that -- that is part of a sentencing that may be imposed currently by a judge, this will mandate it. It's my belief that those individuals who steal and rip off the system from the truly needy are lower than low, and those individuals ought to be made to perform a community service. But Carl -- Senator Hawkinson's question is a valid one, and I'd -- I'd be willing to amend that in the House. It's not a big issue. So that's What the bill does.
senator Jones.
Yeah. Thank you, Mr. President. Would the sponsor yield? lll STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
The sponsor indicates he will yield . Senator Jones.
Yes. Under -- under this bill, Senator, -- and -- does require a1l those who commit fraud -- I mean those -- those -- physicians, for example, in these clinics who I've seen there's been convictions under these are doctors. Do they require that they do it, or is this bill just aimed at the one category of fraud?
Senator Dunn.
Senator Jones, is a thief, is a thief, is a thief, whether he be a doctor, lawyer, Indian chief, or just a person trying to rip off the system. It applies to everyone.
Further discussion? Further discussion? Senator Dunn, to close.
Urge an Aye vote. Glad to...
The question is, shall Senate Bill 478 pass. Those in favor will vote Aye. Those opposed , Nay. The voting is open. Have you a1l voted who wish? Have you a11 voted who Wish? Take the record. On that question, there are 52 Ayes, no Nays, no voting Present. Senate Bill 478, having received the required constitutional majority, is declared passed. Senate Bill 479. Senator Fawell. Read the bill, Mr. Secretary.
Senate Bill 479. (Secretary reads title of bill) 3rd Reading of the bill. 112 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislatlve Day April l5, 1993
Senator Fawell.
Thank you very much . This bill originally modified provisions governing the use of television receivers in motor vehicles operated on highways, and this was at the request of Motorola and agreed to by IDOT. The changes are a need for the upconing ''Smart Car'' experiment in suburban Chicago. In committee, the bill became a vehicle for an anendment which grouped several noncontroversial bills together. Some of the bills are -- allows for the movement of roof and floor trusses by obtaining a ninety-day permit from the Illinois Department of Transportation. IDOT supports this. Amends the Vehicle Code. Authorizes Secretary of State to issue a for a fee, an additional set of license plates for a category of plates for which no fee is required. Secretary of State supports this bill. Senator Hawkinson had a bill -- authorizes ambulances and rescue vehicles to be equipped with green oscillatingr rotating or flashing lights. There was a bill to change the maximum width of buses which can operate on Interstate System from eight feet eight inches to eight feet six inches to be in compliance. And there 's another bill on flood control.
Senator Jacobs.
I don't think any of them are controversial, and I ask for an Aye vote.
Senator Jacobs.
Senator I -- I -- I agree. I'm -- I'm going to ask for an Aye vote too, but I do have some questions that I think we have to -- l13 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 to have addressed here. Eirst of all, did We ever: or Was there ever a determination on the portion about the second set of plates as to what the charge will be and who will establish the -- the fee for those plates?
Senator Fawell.
There there is a fiscal note from the Secretary of State 's Office, and would have no tmpact on khe Secretary of State 's Evidence Fund, or on the Road Fund.
Senator Jacobs. SENATOR JACOBSI Yeah, but my question is: What is the fee going to be? What is the cost for the second set of plates? And who is going to set that fee?
Senator Fawell.
It's the regular pricez and the Secretary of State would set that fee.
Senator Jacobs.
Al1 right. The -- there's tWo other questions I have, and one of them -- and understand the -- probably the -- the -- the feeling, as it was my understanding it come from a State's attorney, for the oscillating green lights the flashing green lights. Is -- is I guess my -- my question With that is: Is this going to create an -- unfamiliar circunstances for those type vehicles until people get -- you know , get used to itr are we going to - being permissive - going to be able to create some ll4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 some problems that currently doesn't exist?
Senator Hawkinson, our authority on almost everything.
Thank you, Mr. President. No. That's a bill that originally introduced on behalf of Kevin Lyons, the State's Attorney of Peoria. And the background on that, Senator, is that the -- the sole ambulance service in Peoria has these lights already, and has always had then, apparently, with these vehicles, and because theybre not permitted under the Code, we've had a problem wlth tickets being given, and the problem over those tickets. And it's not something they want to add; it's the Way the vehicles are now. It's not intended that anybody else is going to add these, but in Peoria the -- the ambulance have these lights on them already. They already have the mandated lights of the other colors to distinguish, but on the rear end they have these green oscillating lights, and they're just trying to avoid the current ambulances being out of compliance with the State law.
Senator Jacobs.
I -- I can understand that, Senator. One lask question. The special permits for overweight vehicles there is a declaration by the Governor of an emergency harvest having existed. Number one, what is an -- a -- a -- a declaration of emergency harvest? What does that mean, number one, and number two, have we ever designated an emergency harvest in the State of Illinois?
Senator Fawell.
That bill is -- was Senator Burzynskiz I think he might best answer that. ll5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislattve Day April l5, 1993
Senator Cullerton.
Yes. Thank...
Excuse me# I'm sorry. Senator -- Senator Burzynski.
Thank you. Just in response to Senator Jacobs' question about the emergency harvest: Prinarilyr what we were looking at were instances such as last winter, when in northern Illinois in particular, we could not get into our fields to -- to get our crops out until December or January. Those types of situations.
Senator Jacobs.
- - guess my question is, you know -- and -- and understand that, but my question is: Have We ever declared an emergency harvest? I know we've had a 1ot of seasons where it's been really a -- a issue, but -- so I mean, are we -- this is proactive something that's never happened before, but we think could happen, and we 're preparing for it - is that correct?
Senator Burzynski.
That's correct.
Further discussion? Senator Cullerton.
Yeah. Thank you, Mr. President, Members of the Senate. Senator Fawell, as you know, I'm a cosponsor on this underlying bill, with you. However, did have a couple of questions on the amendnent that Was added in the committee. The -- Senate Bill l16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 507, which was incorporated in your amendment it changes the permitted maximum width of vehicles designed to carry more than ten passengers on Interstate Highways, from eight feet six inches to eight feet eight inches Ksic>. Could you tell me whatds -- what this is -- what type of vehicles are We talking about, and why thae was necessary? Is there a problem?
Senator Fawell.
This changes the maximum Width of buses. It was offered by Illinois Department of Transportation. IDOT claims this bill is needed to bring Illinois into compliance With the federal law .
Further discussion?
0ne more...
Senator Cullerton.
Yes. And one more question. Maybe Senator Burzynski can answer this. The Section that includes Senate Bill 589, that we talked about - this harvest season issue - our staff indicates that the Departnent of State Police opposed the bill and the Department of Agriculture is neutral, and that the Department of Transportation is opposed to the bill. And I wonder if you could indicate if they still are opposed . Obviously the Department of Transportation would be concerned about allowing oversized loads on smaller secondary highways: which would cause some more road damage, and the Department of Agriculture indicated that there 's a problem with the term ''harvest season'' because harvest season's not a determined period of time - that it differs by regions. So perhaps you can answer whether or not those two departments of 1l7 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 34th Leglslative Day April 15, 1993 State are still opposed. PRESIDENT PHILIP: Senator Burzynski. SENATOR BURZYNSKI: No and no. They are not -- they are not opposed at this time. PRESIDENT PHILIP: Further discussion? Senator Cullerton. SENATOR CULLERTON : Well, Senator, if you could just briefly explain. I'm the cosponsor of the bill; I Want to support the bill. just want to have an explanation. They were opposed to it at one point in time. Is that correct? Did you amend.o.tmicrophone cutoffl... PRESIDENT PHILIP: Senator Burzynski. SENATOR BURZYNSKI: To the best of my knowledge, they are not opposed at this time. The bill merely took some responsibility away. It also now gives the Governor the responsibility for declaring that emergency harvest. In the past, people could apply for a permit. All We fre trying to do is to -- to cut through one step . PRESIDENT PHILIP: Further discussion? If not, Senator Fawell, to close. SENATOR FAWELL: just ask for a Aye vote. PRESIDENT PHILIP: On the questiony a1l those in favor, signify by voting Aye. Those opposed, Nay. The voting is open. Have you al1 voted Who wish? Have you a11 voted who wish? Take the record . On the question, there are 54 Ayes, no Nays, no vottng Present. Senate Bill 479, having received the required constitutional majority, is declared passed. Senate Bill 482. Senator Fitzgerald . SECRETARY NAQRY: l18 k STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senaee Bill 482. (Secretary reads title of b1l1) 3rd Reading of the bill.
Senator Fitzgerald .
Thank you, Mr. President. Senate Bill 482 is a bill designed to protect some of Illinois' natural areas that were identified in 1978, when the State did an inventory and a list, and came up with a list of four hundred areas in this State that Were undisturbed since the time of European settlement in Illinois. The proposal stems from the Governor's Land and Water Use Priorities Task Force, which is just now finishing its report. What the bill does is, extends the Department of -- Department of Conservationls consultation process that noW applies to areas that have threatened and endangered species, and requires the State agencies and local governments that plan to do anything which would affect any of the State's natural areas on the State 's Natural Area Inventory Listy to consult with the Department of Conservation before proceeding. The consultation process has been in effect since the last years of Governor Thompson's administration, and this bill would extend the consultation process just a little bit and protect our natural areas. To my knowledge, there is no opposition to this bill, and for the downstaters, it's my understanding that the Farm Bureau has not interposed any objections. Thank you.
Senator Severns.
Thank you: Mr. President. I also rise in strong support of this bill. It -- it's based on the simple principle that projects funded with public dollars should not destroy the public's l19 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 heritage of natural prairies, lakes, forests, if other alternatives exist. I think it's a good bill, and I know of no opposition, and would urge support.
Senator Watson.
Thank you, Mr. President. Question of the sponsor.
The sponsor indicates he will yield. Senator Watson.
Thank you. Are there prtvake properties involved in this?
Senator Fikzgerald.
Yes. I believe there are some private properties, but they're not farms. There are four hundred areas that have been identified as -- on the State's Natural Areas Inventory List.
Senator Watson.
Those people who own that property - are they aware that there's -- their property is now being designated as one of these natural heritage areas?
Senator Fitzgerald.
Those areas Were designated back in 1978. So it does not change those designations, and those people Would be aware that their areas are on the State's Inventory.
Senator Tom Dunn.
l20 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll 15, 1993 Thank you, Mr. President. Question of the sponsor, if I may.
Indicates hedll yield . Senator Dunn.
Senator Fitzgerald, the -- does this give any empowerment to the Department of Conservation that they don't have now?
Senator Fitzgerald.
Well, right now the Department of Conservation does a consultation With the local communities if therels a threatened or endangered species that's involved, and the Department of Conservation can make recommendations, but it has no authority to really enforce its recommendations under current law. And this would extend the consultation process, but still the Department of Conservation would not really have any authorities. There's not much it can do if the parties don ft go along with its recommendations.
Further discussion? If not: Senator Fitzgerald, to close.
I just urge your support. This is a good bill. It's bipartisan. I know of no opposition to it, and it would help to protect that less than one percent of the acreage this State that is still undeveloped and in its undisturbed state. Thank you.
The question is, shall Senate Bill 482 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you a1l voted who wish? Have you al1 voted Who wish? Take the record. On the question, there are 51 Ayes, no Nays, no -- voting Present. Senate Bill 482, having reeeived the -- the l2l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 required constitutional majority, is declared passed.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson: on Senate Bill 483? Read the billr Mr. Secretary.
Senate Bill 483. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Thank you, Mr. Presldent. Senate Bi11 483 was introduced at the request of our correckional employees, and it amends the Criminal Code to increase the penalty for an aggravated assault against a correctional officer, which would include a teacher in our Department of Corrections facilities, from a Class A misdemeanor to a Class 4 felony. There is no mandatory minimum , however; it is not a mandatory jail sentencer but our officers and employees in corrections who are the victims of aggravated assaults, I think, deserve this kind of protection. I would ask for your support of the billg and be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Rea.
Thank you, Mr. President. I rise also in support of Senate Bill 483. I think the sponsor has certainly explained it. I might just also point out that With What's going on in Ohio in terms of their correctional facility, this even points more to the need for this type of legislation. I think it will be of great assistance in Illinois.
PRESIDING OFFICER: (SENATOR WEAVER) l22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 Is there further discussion? Tf not, Senator Hawkinson may close.
Thank -- thank you, Mr. President. Later this week, or first part of next week, We'1l be offering a package to deal with the crowding situation in our -- our penitentiaries: and -- and part of the need is to control the behavior of inmates and preserve the safety of the officers and teachers in these institutions. And this comes at the request of the correctional employees, and I would ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 483 pass. Those in favor will vote Aye. Those opposedr Nay. The voting is open. Have all voted who Wish? Have a1l voted who wish? Take the record , Mr. Secretary. On that question, there are 56 Ayes, no Nays, no -- none voting Present. Senate Bill 483, having received the constitutional najority, is declared passed. Senator Petka, on Senate Bill 487? Read the bill, Mr. Secretary.
Senate Bill 487. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.
Thank you very much, Mr. President, Members of the Senate. 487 merely amends Illinois law to conform with federal law . Currently under the Illinois Minimum Wage Law, employees Who work in excess of forty-hour week are entitled to receive one and one-half hour -- one and a half times their regular rate of pay. Certain employees are exempt under federal law. These individuals include radio or television announcers, news editors, or chief 123 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 engineers, Working for employers located in areas with population of at least a hundred thousand or less. Since this bill merely places Illinots in compliance with the federal law, I urge its adoption. I might point out that this bill passed out of Commerce and Industry Committee 8 to 0.
PRESIDING OFPICER: (SENATOR WEAVER) Is there any discussion? If not, Senator Petka may close.
I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) The question isr shall Senate Bill 487 pass. Those -- those in favor will vote Aye . Those opposede Nay. The voting is open. Have al1 voted who wish? Have all voted Who wish? Take the record, Mr. Secretary . On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 487, having received the constitutional majority: is declared passed. Senator Woodyard, on 488? Read the bill, Mr. Secretary.
Senate Bill 488. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR WEAVER) Senator Woodyard.
Thank you, Mr. President and Members of the Senate. Senate Bill 488 is a bill that amends the Plat Act; that Would say that in the case of an alteration, which has been determined evidently to mean whenever a rail line is abandoned, that the railroad would not have to -- to plat or survey -- resurvey that -- that land. With ninety-five percent of the abandoned rail property going back to an adjoining landowner, seems that this bill is needed to prevent exorbitant costs to the farmers buying that land back in l24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 in replatting and resurveying that line, and I would be qlad to answer any questions or move for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Thank you, Mr. President. I think We need to point out to the Membership that the Illinois Land Surveyors are very much opposed to this bill, and the reason they are is when these rails are are removed, there is no longer any way to plat the liner and so the -- the land is purchased by a farmer today from the railroad, and that farmer tries to sell it down the road, he Will undoubtedly incur the expense that the railroad should have done and incurred when they platted it in the first place. So if we allow this exemption from the Plat Act, We're going to find that down the road, after thousands of miles of rail line are abandoned, that we don't have accurate surveys of the property, and when that property needs to be sold down the line, they're going to have to incur the expense of incurring the survey.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senator Woodyard may close.
Thank you, Mr. Presldent. A couple of things I neglected to point out. This bill was amended to make certain that any new lines that -- that the rallroad would acquire for a railroad Would certainly have to be platted and surveyed. And I think the other point to be made is -- is the fact that this has not been done in the past. Where replatting and resurveying has been done - and I know in our own case, we did have an abandoned ltne go through sone of our property - we bought that land back, and the title company says that they will issue a title policy on that, and so with those codicils, I would urge an Aye vote. l25 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 488 pass. Those in favor, vote Aye. Those opposede Nay. The voting is open. Have all voted kho wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 50, the Nays are 3, voting Present. Senate Bill 488, having received the constitutional majority, is declared passed. 490, Senator Molaro? Read the bill.
Senate Bill 490. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OEFICER: (SENATOR WEAVER) Senator Molaro.
Thank you, Mr. President. It's a very straightforward bill. This bill amends the Credit Card Issuance Act, and what it does is prohibit a credit card issuer from lssuing a credlt card to anyone under the age of eighteen, which is seventeen and under, without the consent of a parent or a cosigner who is over the age of eighteen. The reason for this bill -- the reason for this bill is that, under Illinois -- Illinois 1aw now, anybody can get a credit card. There's a couple things on 60 Minutes that you saw, if you see these pre-approved form, a dog got a credit card, somebody the age of six months got a credit card. I have research that shows four percent -- four percent of teens between the age of twelve and fifteen have a credit card. They get their names -- these credit card companies or banks from - a 1ot of them out of State - get their names from when they go and work for Taco Bell, or -- or MeDonald's. They dre given these pre-approved form and theydre fourteen, fifteen years old and they're handed a credit card. Now it's never been a big thing, because under current law, youdre fifteen, sixteen years o1d and you go up and run up a billg or you 126 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 go buy a car, they cannot enforce it. So these banks cannot go out and get the money. So you first say, ''Well what's the big deal? theyfre crazy enough to give it to a thirteen-year-old and can't enforce it, it's their loss.'' Well, the problem is when these kids now become seventeen, eighteen, nineteen years old and it happened to me in my offlce - they go apply for a student loan. NoW al1 of a sudden to get a student loan, you have to get backed by the federal government, and there are rules, and they say if the person applying for this credit has an 09 or an 07 on their credit ratingy they can't be given the loan. So you have a nineteen-year-old who wound up with bad credit when they were fifteen or sixteen not being able to get a loanr and what wedre doing is wedre taking a lot of fifteen- and sixteen-year-olds out of where we want them to be when they're nineteen and twenty, because that bad credit stays with them for nine -- nine or ten years. So What we thlnk ik would be a qood idea - or I do, anyway - would be that if we have it Where if youlre fifteen or fourteen, your parents should know about it, you should get someone who 's responsible signing with you, and so you can have an adult there teaching you good credit so We can make them good -- good credit risks when they're seventeen years old, eighteen. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Barkhausen.
Mr. President and Members, I think Senator Molaro 's bill is well-intentloned, but I'm not really sure what it adds to current law . The penalty that would be imposed by this bill is only imposed for a knowing violation, which as I envision it, would be very difficult to establish. In the absence of the -- the knoWing extension of -- of credit to a minor, would only mean, I guess, that the debt is unenforceable, but contracts now With minors are themselves unenforceable, so I'm not really sure what this bill l27 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 adds, and that was the reason for my opposition in committee and -- and my continuing opposition here on the Floor.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
Thank you, Mr. Prestdent, Ladies and Gentlemen of the -- of the Senate. Senator Molaro, this - as I read it - as it states it amends the Credit Card Issuance Act relating to issuing credit cards to certain persons. Who is a certain person?
PRESIDING OFEICER: (SENATOR WEAVER) Senator Molaro. Senator Molaro.
What are you referring to, Senator? What line? Oh, he's looking... I can't answer that question, Senator.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Cullerton.
Yes. Thank you, Mr. President. I rise in support of this bill. Senator Barkhausen might be right. His point Was he's against it because the bill doesnlt do anything. But so what? This is Senator Molaro 's first bill. They probably said that they Weren't going to let him pass anything that did anythingg but they were going to let him have one bill, and -- and I would recommend, Senator Molaro, that we do call this bill for a vote, that you actually vote for it, because Senator Lauzen yesterday passed his first bill. He didn't even vote for it. Now everybody went around, they were signing the bill, you know . He is going to have it framed, and then he's not even going to have voted for his oWn bill. I would recommend you vote for this bill, and just because it doesn't do anything, it doesn't make it a bad bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken. l28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993
There's a very fundamental reason to support the bill, and that is that parents ought to have the control over these types of things When cones to their children - pure and simple. Am I right, or am I right?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
Absolutely. Absolutely. It ought to apply to more than just credit cards, too.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
Mr. President, Ladies and Gentlemen of the Senate, in spite of the very, very eloquent rhetoric, the fact remains that if we do pass this bill, maybe we can stop the harassment of the poor parents whose children are properly gauged with credit cards. certainly support your bill.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any further discussion? If not, Senator Molaro may close.
Would just ask for a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 490 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Looks bad. Have all voted Who wish? Have al1 voted who wish? Take the record: Mr. Secretary. On that question, the Ayes are 48, the Nays are 7, voting Present. Senate Bill 490, having received the constitutional majority, is declared passed. Senator Demuzio, on Senate Bill 4937 Read the bill, Mr. Secretary.
129 STATE OF ILLINOIS 88TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 Senate Bill 493. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Demuzio.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the Coroners' bill. Passed committee unanimously. It adds a provision increasing the number of members on the Advisory Board of the Necropsy Service to Coroners from eleven to fourteen. It creates the Necropsy Research Fund and the Coroners Training Fund in the State treasury. It inereases the Illinois Police Training Board by one membery and increases the fees for death certificates and fetal death certificates by two dollars. There was no opposition in committee, and I Would ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discusslon? If not, Senator Denuzio may close.
Roll call.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 493 pass. Those in favor will vote Aye. Opposed: Nay . And voting is open. Have a11 voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 493, having received the constitutional majority, is declared passed. 496. Senator Madigan. Do you wish this bill returned to 2nd Reading for the purpose of an amendment?
Thank you, Mr. President. do request leave that this bill be returned to 2nd Reading for the purpose of amendments.
PRESIDING OFFICER: (SENATOR WEAVER) l30 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senator Madigan seeks leave of the Body to return Senate Bill 496 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted.
Amendment No. 2, offered by Senator Madigan.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.
Thank you, Mr. President. Senate Floor Amendment No. 2 to Senate Bill 496 changes a reference in the bill. This amendment comes at the request of Senator Cullerton and a committee suggestion, and I would request its -- ask for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? A1l in favor, signify by saying Aye. Opposed, Nay. The amendment's adopted. Any further amendments, Mr. Secretary?
Amendment No. 3, offered by Senator Madigan.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.
Thank you, Mr. Presldenk. Floor Amendment No. 3 to Senate Bill 496 contains technical corrections suggested by Enrolling and Engrossing, and I Would ask for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? A11 in favor, signify by saying Aye. Opposed, Nay. Amendment is adopted. Any further amendments?
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator Madiçan, on Senate Bill 500, on the Order of 3rd Reading? Out of the record. Senator DeAngelisr on l31 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senate Bill 5027 Do you wlsh the bill called, Senator DeAngelis? Read the bll1, Mr. Secretary.
Senate Bill 502. (Secretary reads title of bill) 3rd Reading of khe bill.
PRESIDING OFFICER: (SENATOR WEAVCR) Senator DeAngelis. SENATOR DeANGELIS: Thank you: Mr. President. I Would like to have leave of the Body to return the bill back to 2nd for the purposes of placing a Very...
PRESIDING OFFICER: (SENATOR WEAVER) We have no amendnents, Senator. SENATOR DeANGELIS: Well, you know what -- just hold Demuzio -- then I -- then I wtl1 withdraw the amendment and pass the bill.
PRESIDING OFFICER: (SENATOR WEAVER) The bill has been read a third time. Explain khe bill. SENATOR DeANGELIS: Okay. Senate Bill 502, as anended, does tbe following: first of all, the amendment is the bill. Last year When we passed the Medicaid Assessment Program, we also passed With it a Nursing Home Grant Assistant Ksic> Program which would allow , to those people Who were eliqible, a five-hundred-dollar-a-quarter grant. In that we made a best guess, but were unable ...
PRESIDING OFFICER: (SENATOR WEAVER) Excuse me, Senator. Can we take this out of the record? I think we -- We do not have an amendment on the bill on the Secretary's Desk. So let's take out of the record . We can come back to Would you like to go With 503? SENATOR DeANGELIS: 132 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Yes: but I would also like to be able to return to this as quickly as possible.
PRESIDING OFFICER: (SENATOR WEAVER) Senate Bill 502 is out of the record. Do you wish to call Senate Bill 5037 Read the bill, Mr. Secretary .
Senate Bill 503. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Yeah. Thank you, Mr. President. I also Would like, as a matter of personal inquiry, Where is the closest Serqeant at Arms?
PRESIDING OFFICER: (SENATOR WEAVER) The last time... SENATOR DeANGELIS: ...may have to have Sehator Demuzio removed from the Floor. guess it's going to take two; he 's put on a little more weight.
PRESIDING OFFICER: (SENATOR WEAVER) We're on 503, Senator DeAngelis. SENATOR DeANGELIS: Okay. Senate Bill 503 expands the Public Infrastructure Loan and Grant Program. And the neW categories of loans and grants that are established are: one, small project loans; interest subsidy grants; small project grants; credit enhancenent grants; and reserve grants. This is a program of DCCA, which is designed to help those local governments who are in bad need of doing these improvements. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If noty the question is, shall Senate Bi1l 503 pass. A11 in favor will vote Aye. All opposed Will vote 133 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15# 1993 Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 503, having received the constitutional majority, is declared passed. Senator Watson, 5047 Out of the record. 5052 Read the bill, Mr. Secretary.
Senate Bill 505. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Thank you, Mr. President. Senate Bill 505 creates the Chicago Learning Zone Advisory Committee, just as the Calendar has said. This is one of the Governor's initiatives that passed out of the Education Committee unanimously. It creates a twenty-member Chicago Learning Zone Advisory Conmittee to develop a proposal for the creation of a Chicago Learning Zone by November lst of 1993. The proposal for the Learning Zone must include possible recommendations for relaxing or eliminating State laws and regulations, revising budget policies, contract position -- provisions, work rules and other procedures, al1 for the purpose of trying to improve student performance. There was no opposition in committee, otherwise I'd be glad to answer any questions. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? Senator Palmer.
Thank you, Mr. President. Will the sponsor yield for questions?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Will. l34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Senator Watson, as you and I both know, and every Member in this Body knows, because it participated in putting the school reform legislation lnto place, I have a number of questions about the Chicaço Learning Zone, and certainly one of the main ones is, I wish you would explain what consequences this will have for the local school councils who have been mandated by this Body to prepare their own plan for each individual school for the -- the efforts that have gone on for some three to four years now to empower the various levels of the school system in Chicago. Why, at this point in time, are we mandating from Springfield another operatlon, another apparatus, when we have already given people the power to define for themselves what learning and schools and so forth should be?
PRESIDING OEFICER: (SENATOR WEAVER) Senator Watson.
Well, Senator, wedve had this conversation on -- on several occasions, and I appreciate your concern. Let me first preface my remarks by saying I agree; I think reform is working and I think that the LSCS, the local school councils, are a major part of that success at this point. They are there are two members from the local school councils that will be a part of this commission. All this commission is going to do, or this advisory committeeg is come back to us with possible recommendations. They're -- are going to look at some alternatives that naybe are working in other areas of the country and look at the possibility of implementing that in a particular zone or area in the City of Chicago. PRESIDING OFFICER (SENATOR WEAVER) Senator Palmer.
Thank you. Mr. President. Another question and comment for 135 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5# 1993 the sponsor of this bill. I am very familiar with the Education Commission of the States. In fact: last summer when I was in Denver, sat down for four hours with them and discussed - not knoking, of course, that they were planning to develop the Learning Zone - but I discussed with them - and I will say it here on the Floor - that in Chicago, before anything is put together, there should be meetings with the school reform community . This is a highly mobilized, active, sophisticated and informed community. So I take particular objection, having spent time talking to the very body that has brought us this plan, that they did not sit down with the community as you and I have and as other Menbers of this Body have done. When I look at my analysisy I see absolutely no name on here for any school reforn group that supports this measure. So I have to assune that there has been no discussion, and on those grounds, I am askin: my colleagues on this side of the aisle, and those who have the good will of Chicago schools at heart, to vote against this bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. Question for the sponsors.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield. SENATOR dEL VALLE: Senator Watson, hoW do you define Learning Zone?
PRESIDING OEFICER: (SENATOR WEAVER) Senator Watson.
Senator, actually isn't defined in the bill. What the attempt to do is to -- doesn 't necessarily create one. The bill defines a zone to be a cluster of contiguous schools serving at least ten percent of the public school students in Chicago. Once l36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 again, theydre not really tied to anything specific. The idea is to come back and possibly make some recommendations on flexibility - and as mentioned ln the beginning of opening remarks - eliminatin: some of the State laws that seem to be inhibiting possibly the improvement of student performance. Those are the kinds of recommendations. I -- really it's not spelled out or defined in the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator del Valle. SENATOR dEL VALLE: Well, I -- I agree, it's not defined in the bill, but the but the mandate given to the committee is spelled out. It says that the committee shall recommend the reduction or elimination of state and local laws, rules, and regulations within this learning zone. Now my concern is: What will happen with, for example, bilingual programs or special ed programs that are nandated by the state? Is it anticipated by you that this advisory committee would recommend that we not have to live up to those obligations within that zone?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Well, no, I don't believe so at all, Senator.
PRESIDING OFFICER: (SENATOR WEAVER) Senator del Valle. SENATOR dEL VALLE: But in the absence of guidelines here - at least some general broad guidelines - it is possible that that type of recommendation could come back for us to consider. Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
137 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Yes. That's that's correct. There 's always that posslbility.
PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: To the bill, Mr. President: I -- I agree that We need to be innovative; I agree that We need to try some additional approaches; and I commend the Governor and I commend you for the work that you're doing in this area, but I am very uncomfortable with this broadly stated mandate that doesn 't ensure the protection of some very important programs within those areas. agree with the need for flexibility, with the need to relax some rules, but I'm afraid that that is not the direction that is being given to this committee. My other concern is the makeup of the conmittee. It appears as though there's a possibility that in a school district where over twenty-five percent of the student population ls Hispanic, there will not be any Hispanic representatlon in this committee. A racial diversity reflective of the school's population is not guaranteed in the nakeup of this committee. So I think that there are flaws with this legislation, even though I agree with the intent, and I would hope that We would be able to -- to work on some of these things and be able to move in the direction that you want to move in and do so toçether. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel.
Thank you, Mr. President. I stand in support of this bill, and I know the concerns of Senator Palmer and Senator de1 Valle. However. this -- this advisory committee will have on it members of the -- the LSCS, members -- reform advocates, some of the same people that are now working on some of the Chicago reform l38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5y 1993 legislation. The purpose of this task force is not to take away from the local school councils any kind of authority or responsibility, but to give them -- to -- to come up with a a different entity that can perhaps look at some very, as Senator del Valle saidr sone innovative ways to provide education that the LSCS cannot now do because they are bound by State law. This would allow this group to thtnk of ways of perhaps de-mandating some things or mandating different things, or combining schools, going into campus cluster type situations, into team teaching, which is big in some areas of the country. It'll -- it'll come up with ideas that are new and different that the people at the local - - local level, while they are working on reform, they are working on specific instances of reform under the present system . We want to look at a whole neW system, and this -- I think this connittee will -- will look at that a different way of providing education entirely, and then come back to the Legislature with ideas. I think We need some neW innovative ideas. Wedre not excluding the reform people, and we're not excluding the LSC people on this committee. I think it's worth a try to at least look at it and see if we can provide education in a different way, that might be better for our kids.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns. Senator Severns, did you wish to speak on this?
Thank you, Mr. President. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will, Senator Severns.
Senator Watson, as I read this bill, wonder if -- how much influence the Educatlon Commission of the States is going to have. l39 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 At least provided ln the intent of this bill, it would seem that theydre going to be running the show for us in Illinois. Is that the intent, and is that going to be the result?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
No, they 'd be Illinois people involved in the commission and in the committee. You know, Mr. President, I I really can't hardly hear.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen, Will you take your conversation to the anteroom.
Well, it's not him; it's over here.
PRESIDING OFFICER: (SENATOR WEAVER) I can't hear you.
Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson. END OF TAPE TAPE 4
Al1 right. Thank you. Senator, I appreciate your questions and your concerns. The -- the Governor and other appointments that would be made obviously would be Illinois people: and primarily people from the City of Chicago that is impacted here. l40 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Certainly the Education Commission of the States is going to have some direction, because this is something that's been done elsewhere throughout the country and they came tn, testified in behalf of this legislation in committee and had some good testinony. They've got some good guidance they can give us# but the the absolute direction would come from people here within the State.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns.
Thank you, Mr. President. Senator, are you concerned at a11 that their guidance will turn into undue influence?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Well, any recommendakion that would be made from khe -- the committee Would, of course, come to us, and we would have to act accordingly. No , I'm not really concerned about it. We -- we ask a lot of the varlous groups that maybe each of us belong to that are National organizations to come in and have an impact on a decision, because of the expertlse they may have and the experience they nay have in other communities throughout this country. So I -- I have no problem with them coming in and bein: involved when T know that the ultimate decision will be made by this Body and that across the hall.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns.
To another polnt: I -- I note that it will be staffed by the facilities of the Governor's Office and the State Board of Education as are, and I quote, ''reasonably necessary''. I understand that the Governor's Office can apply the staff that 14l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 they deem necessary, but are you concerned about the amount of time that it's going to take our already overburdened SBE department?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Well, they did not oppose the bill, and from my knowledge, have really no problem with this. As far as them being able to staff this, that would ber of course, at their convenience, and if they have a problem with that that Would have to be worked out with the committee.
PRESIDING OEFICER: (SENATOR WEAVER) Senator Severns.
My last question: Do you anticipate any need for appropriations to cover thls -- the staff and time, or are we going to see additional requests for staff to -- to meet this need? Or is there any additional dollars that we ought to be planning for as a result of this bill and directive in the bill?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
No, I do not.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson. Did you -- excuse me, Was distracted.
Okay. Thank -- thank you. Wellz I appreciate the questions and I -- 1...
PRESIDING OFFICER: (SENATOR WEAVER) Excuse me# Senator. Senator Palmer's light is on. Do you have a question, Senator Palmer?
l42 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Yes, Mr. President, and I apologize for arising a second time, but I did uant to ask the sponsor -- I'm looking more closely now at the composition of the twenty-member Chicago Learning Zone Advisory Committee, and I do appreciate that we all want to move beyond reform r particularly the governance level, and into innovation, and I appreciate that effort. However, when I look at this and I consider that there are four hundred and ten thousand children in Chicago public schools, sixty-some-odd high schools: three times that many elementary schools: Senator Watson, I cannot imagine that there was much, and I guess I'm asking you this: Other than the hearing that Was held, have you sat down and consulted uith the school reform community? I don 't mean the partlcular individuals whom you may know. It is not that difficult to get in touch with the broad cross section, as you and know; we just met With them. I can't imagine that you would come up with one representative of Chicago princlpals when we're talking about alone sixty high schools; two from local school counsels, when wedre talking about thousands of people. How can this twenty-member Learning Zone Advisory Committee speak for four hundred and ten thousand children? And...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Welly we -- each of us speak for two hundred thousand, roughly. I -- I understand your concerns here, but we -- we had two hearlngs on this bill, one in Chicago and one here. Some of the reform groups filed in behalf of the legislation, supported it in the -- the hearing in Chicago, and I know you ire not on the Education Committee, so you may not have been aware of that, but there were several of those individuals who -- who believe that, as you say, we should go beyond the reforms and try toy nothing else, expedite the reforms that are -- are now in place, and this 143 STATE OF ILLINOIS 88TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15: 1993 gives us that avenue to do so.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.
Senator Watson, in looking at the -- just the name of -- your calling this a learning zone, do you have any idea how many schools, how many children, Would be impacted by -- by this so-called learning zone?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
That will be a function of this committee - to look into that and make a recommendation.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.
Senator, if if the Learning Zone Advisory Committee, for example, came up with fifteen schools, four -- four, let's say: three thousand students, and you called that a learning zone, what would you call the rest of the schools in the City of Chicago?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Well, don't know that that's a -- a question that needs answering, I guess. Certainly would be just as any other public school district would be within the City of Chicago. This would just be another one. These are all recommendations that will be coming to us, Senator, and I really honestly think in all fairness, some of -- you may be overreacting to what this is a1l about, and I just want you to understand that ultimately we Will be tbe ones who'll make the final decision. This is just a recommendation. 144 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.
No -- no -- no . Senator Watson, understand that you are concerned and -- and really, -- I spent a whole day with you, I -- I saw your sincerity, and your concern about what you saw in the Chicago Public School System, and I commend you for your interest and your desire to try and -- and bring about some alternative solution, some innovative programs, and et cetera. But the reality of this is, is When you -- thatls what's Wrong with the Chicago Schools now. There's just so nany stigmas, and I saw you smiling, but if you call this area a learntng zone, and it is for a desiqnated area or a certatn amount of schools and number of pupils, then this is a learning zone, then the opposite of that has to be an unlearning zone. And so that is ridiculous within itself. You need to come up with a better sound bite than this, because that's a1l this is. This is about a media sound bite, but it's ridiculous. It's as ridiculous as some of the other solutions that you 've been putting forth on that side of the aisle, and we ought not to be doing this.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watsony to close.
Well, thank you. I -- you know, I'd like to think that the entire State of Illinois is a learning zone. Everyone's out there trying to create a better environment by which our -- our kids can learn. And that's what we're trying to do here. And we have we single out Chicago and maybe -- maybe we shouldn't really be doing that, because there's other areas of this State that are having problems with with issues such as this. And this is something. What we're trying to do here is become innovative, and try to find out what's working in other -- other areas of this l45 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 country, and maybe even other parts of the world. Let's try to find out. Let's -- let's make let's get imaqinary . Why are we so afraid of recommendations that might be coning from a group such as this? And these people are going to be individuals who are ultimately going to be concerned with what I think a1l of us are concerned and that's the best interest of the kids. It could very well provide some flexibility in in the laws in which some people find very rigorous and very unperforming in creating a situation in Which the classroom can be -- function better. I -- I see nothing Wrong with this, in allowing a committee to get together, make some recommendations, and ultimately that's a decision that will be made by this Body and the House of Representatives in the State of Illinois and the Governor of this SEaEe. So let's don't overreact to this issue, but let's at least try to be innovative in a matter in wbich we can create a better environment for our kids. hope you 'll support me in this issue. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 505 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 32 Ayes, 19 Nays, voting Present. Senate Bill 505, having received the constitutional majority, is declared passed. Senator DeAngelis, Senate Bill 502 has been read a third time, so Would you explain the bill? SENATOR DeANGELIS: Thank you: Mr. President. As I Was saying, when We passed the Medicaid assessment, we also passed a Nursing Home Grant Assistance Açt, which was designed to help soften the blow on the private pay, and was a formula-driven reimbursement. The General Assembly, unfortunately, undercalculated the amount of 146 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 people eligible for that grant, and we Were forced to prorate the first two installments. What this bill does, it permits the retroactive funding of the full amount of those grants to those people who were entitled to this in the first place. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Maitland.
Thank you very much, Mr. President, Members of the Senate. I rise strong support of Senate Bi11 502, and just to add to what Senator DeAnqelis has said: in the supplemental appropriation bill that we passed out of here to the Governor's desk this morning , Senate Bill 3l2 was the eleven million dollars that will be used to fund this grant program: and this is the enabling language to allow that and permit that to happen, and I rise in strong support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senator DeAngelis may close. SENATOR DeANGELIS: Just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 502 pass. Those in favor, signify by voting Aye. Opposed , Nay. The voting is open. Have all voted who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 502, having received the constitutional majority, is declared passed. Senator Philip, on Senate Bill 5227 Read the billr Mr. Secretary.
Senate Bill 522. (Secretary reads title of bill) l47 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip.
Thank your Mr. President, Ladies and Gentlemen of the Senate. I don't know how you guys al1 feel about the LUST Fund and about leaky tanks, et cetera, and -- and people calling my office, running in my office, complaining about the EPA, but I have had more complaints than I'd care to tell you . And the State of Illinois owing people who have done Work on leaky tanks, and they owe them over two hundred thousand dollars for over two years. Unbelievable. Well, I've decided to do somethlng about it, and Senate Bill 522 tries to do something about it. Basically, it does three things: It increases the gas tax three-tenths of one percent towards the LUST Fund - that raises about seventeen million dollars additional a year; -- it also opens up a window of sixty days for people who haven't registered their tanks, and believe it or not, there are a 1ot of people that have not allows them a sixty-day period to go in and register their tanks; and it cuts the deductible from a hundred thousand to ten thousand dollars in that sixty-day period. 1'11 be happy to answer any questions. I'm just, quite frankly, sick and tired of people calling my office and running in my office about leaky tanks, and I'm golng to do something about
PRESIDING OFFICER: (SENATOR WEAVER) Is there dlscussion? Senator Welch.
Thank you, Mr. President. I Was -- rise in support of Senator Philip's bill. This is a good idea. There are over eight hundred -- eight thousand sites in the State that need to be cleaned up that we don't have the money to clean up. Over the last two years we took out over four million dollars from this fund to balance 148 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 the budget. Wedre -- Weire behind on the projects that are already in the pipeline, as Senator Philip said, and I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Demuzio.
Well, thank you very much, Mr. President. 1, too, rise in favor of this proposal. I Was the person Who sponsored *he original proposal here for three-tenths of a -- of a cent on the LUST Fund, and this is something that is absolutely needed. There are a lot of people who are really critically hurting out there with that -- particularly the sixty-day Waiver now, that you were talking about, for those little old ladies and people Who have bought these old gas stations on the corner in a rural area and didn lt know there Was any gas tanks there, didn't know that they were supposed to be registering or anything of that nature. I think it's a good bill. I think this is something that government ought to do, and I'm in favor of it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jones.
Yeah. Thank you, Mr. President. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will, Senator Jones.
Senator Philip, is this one of the series of statewide tax increases that you will be proposing?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip.
Well, want you to know, Senator Jones, this did not come from the Governor's Office or the administration. It is a very l49 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 minor increase in motor fuel tax of three-tenths of one percent, and you're absolutely right.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jones.
Well, I didn't bring the Governor into play, but I -- I just wanted to know whether or not you are proposing a increase in the gasoline tax, -- which will impact on a1l the citizens of the State that use motor fuel?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip.
Well, of course, it won 't impact on a1l the citizens of Illinoise only people that own cars and buy gasoline. That's absolutely correct.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Well, thank you. I guess -- I guess this is the type of thing we have to do, but what irritates me about this is that Illinois has got one of the most restrictlve underground tank removal laws in the -- in the country. You go over to Iowaw Missouri, others don't have this problem because they aren't as punitive. The best - - and you know, this -- thts to me is the way -- the -- the bureaucratic answer to the problems of State government is more money. You know y don't -- note, no less regulation, more money to solve the problem . And this is -- we've worked With EPA , welve worked with some of the other agencies, the Fire Marshalês Office, trying to get them to back off, a little bitr of the regulations that have been so devastating to most of the people in our areas. So what do they want to do? Here we come in, we're going to raise more money. I guess this is what we have to do ultimatelye but I l50 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprkl 15, 1993 think a message needs to be sent to some of these agencies, that let's back off a little bit and go a little easier on the folks back home when comes to regulation, and that's what's created this problem .
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Daniel.
Thank you, Mr. President, Members of the Senate. I rise in support of this legislation. All over my district there 's independent station operators that are absolutely going broke as a result of -- of this underground storage tank legislation. Let me give you my feelings about this thing. You know, this was federal legislation, and I thlnk it was probably drafted by the big oil. If most of you will notice a few years ago, al1 of the stations, a11 of the big companies, sold their stations to the independents and they also assumed a1l the liability, and this thing has absolutely been -- it's going to break every small independent station operator and independent station -- or fuel distributor if we don't do something about thisp and I think it's a good bill and it's something we should've acted on before now.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs. SENATOR JACOBS) Thank you, Mr. President. 1, too, stand in strong support of this legislation. I like the fact that it creates the window. think that that's vital. There's a lot of people who were not even involved in these leakages that are having to pay the freight, and I just think that this is a bill that's long overdue.
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? Senator Philip may close.
Ask for a favorable roll call. l5l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 522 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted Who Wish? Have a11 voted who Wish? Take the record, Mr. Secretary. On that question, the Ayes are 49: the Nays are noney 3 voting Present. Senate Bill 522, having received the constitutional majority, is declared passed. Senator Mahar, on 530, do you wish this bill returned to 2nd Reading for the purpose of an amendment? No? Take it out of the record. 5317 Do you wish returned? Senator Mahar seeks leave of the Body to return 531 -- Senate Bill 53l to the Order of 2nd Reading for the purpose of an anendment. Hearlng no objection, leave is granted. Mr. Secretary...
The Executive -- Committee on Executive has recommended that Floor Amendment No. 4, sponsored by Senator Mahar, Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar, on Amendment No. 4.
Thank you, Mr. President and Members. This is the bill that authorizes the State Police to have a cellular 9-1-1 phone system installed. Committee amendment -- or Floor Amendment No . 4 really clarifies -- provides further clarification for the original intent of the bill. In particular, it states that -- restricts hoW the money is to be used, both by the State Police and the local -- local PSAPS. In addition to that, it Was the original intent of the industry, as well as the State Police, that there would be no charge - minute charge - for 9-1-1 calls, and that is further stated in the bill, and I would move the adoption of Floor Amendment No . 4 to Senate Bill 531.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion on the amendment? If not, al1 in l52 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 favor, signify by saying Aye. Opposed, Nay. Amendment No. 4 is adopted. Any further amendments?
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readlng. For what purpose does Senator de1 Valle arise? SENATOR dEL VALLE: Thank you, Mr. President. Point of personal privilege.
PRESIDING OFEICER: (SENATOR WEAVER) State your point, slr. SENATOR dEL VALLE: I'd like to welcome, up in the galleryr Pritzker School students. Theydre from my district. I want the Illinois Senate to welcome then to Springfield.
PRESIDING OFFICER: (SENATOR WEAVER) Will our guests please rise and be welcomed by the Senate. And welcome to Springfield. Senator Mahar, on 5347 Out of the record. Senator Geo-Karisr on Senate Bill 5367 Read the bill, Mr. Secretary.
Senate Bill 536. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
There was an amendment that was...
PRESIDING OFFICER: (SENATOR WEAVER) We show no amendments on Senate -- Senator Geo-Karis, take it out of the record?
Take it out of the record, please. l53 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993
PRESIDING OFFICER: (SENATOR WEAVER) Out of the record. Senator Karpiel, on Senate Bill 538? Out of the record. Senator Farley, on Senate Bill 542? Read the bill, Mr. Secretary .
Senate Bill 542. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Farley.
Thank you, Mr. President: Ladies and Gentlemen of the Senate. Senate Bi11 542 would -- would amend the Space Needs Act to eliminate the geographical boundaries which the Space Needs Commission operates under currently. The purpose for this is in that there are projects just on the other side of the boundaries of the Space Needs Commission that are affected by the -- the boundaries that we presently operate under, and we feel thaty by eliminating the geographical boundaries, we can go in and -- take care of some of these problems that arise, and we should be, as a Legislative Body, responsible for. It's our intention, if this bill passes, to -- to establish new boundaries and present those boundaries to JCAR , which then would have public hearings and public input into why or why not that might not be feasible, and then adopt those boundaries. So with that, Mr. President and Ladies and Gentlemen, I would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Hasara.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'd yield, Senator. 154 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Senatory just a couple of questions, since this does affect my area. Do you have specific boundaries in mind thak you intend to recommend, and if so, could you give me some idea of how far beyond the existing boundaries those would expand?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Farley.
Senator, we don't have any specific boundaries in mind at this time, and I would certainly confer with you on proposed neW boundaries: and absolutely work with you on -- on getting your input into the new boundaries.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.
I...tmicrophone cutoffl...senator. Also, are there any specific projects coming up that it is anticipated these boundaries would need to be expanded in order to acconmodate?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Farley.
Not at this particular time. As you are awarer the Willard Ice Revenue Building is just beyond our our geographical boundary, but uses a -- a power plant that is in our geographical boundary. So , from time to time, there are changes in these klnds of -- of requests, or requests for changes in -- in projects or facilities and we can't operate effectively unless we can -- we can go across that geographical boundary . So, at this -- the answer is no, not at this timee but We anticipate those kinds of - - of situations.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Hasara. Any further l55 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 discussion? Senator Farley may close.
I would just request a favorable roll call, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Tbe question is, shall Senate Bill 542 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have all voted who wish? Have a11 voted Who Wish? Take the record, Mr. Secretary. On that question, there are 55 Ayes: no Nays, none voting Present. Senate Bill 542, having required the constitutional received the constitutional majority, is declared passed . Senator Burzynski, on Senate Bill 543? Mr. Secretary.
Senate Bill 543. (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill merely requires IEPA to adopt regulations concerning land disposal of vegetable by-products. Currently, vegetable by-products are treated the same as municipal sludge, which really causes a great deterrent to local processors of vegetables. So I would be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discusston? not, Senator Burzynski may close.
I would request a favorable roll call. Thank you .
PRESIDING OFFICER: (SENATOR WEAVER) The question is# shall Senate Bill 543 pass. Al1 those in 156 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 favor will vote Aye. Those opposed will vote No. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Take the record, Mr. Secretary. On that question, there are 52 Yeas, no Nays, none voting Present. Senate Bill 543, having received the constitutional majority, is declared passed. Senator DeAngelis, on Senate Bill 544? Out of the record. Senator Burzynski, on Senate Bill 5457 Out of the record. Senator Topinka, on Senate Bill 5467 Read the bill, Mr. Secretary.
Senate Bill 546. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka. SENATOR TOPINKA Yes. Mr. President and Ladies and Gentlemen of the Senate, this authorizes the Illinois Community College Board to create and participate in the operation of a foundation to seek private gifts for the purpose of benefiting the community college system . It is a bill that comes to us from the Illinois Community College Board and it was on the Agreed Bill List. I know of no opposition, and would seek a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discusslon? If not: Senator Topinka may close.
Just a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 546 pass. Those ln favor will vote Aye. Those opposed Will vote Nay . The voting is open. Have all voted who wish? Have al1 voted who wish? Take the record, Mr. Secretary . On that question, there are 54 Yeas, no Naysr none voting Present. Senate Bill 546, having reached -- 157 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 received the constitutlonal majority, is declared passed. Senate Bill 550. Read the bill, Mr. Secretary.
Senate Bill 550. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngells. SENATOR DeANGELIS: Thank youe Mr. President. Senate Bill 550 permits the Illinois Developnent Finance Authority to when they have six members present - to be able to use telephone conferencing to establish an eight -- a quorum of eight people. As you probably know, the Board is statewide and meets in Chicago, and sometimes its difficult for al1 fifteen members to get together at the same place.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 550 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 48 Ayes, 1 Nay, 3 voting Present. Senate Bill 550, having received the constitutional majority, is declared passed. Senate B1ll 552, Senator Ralph Dunn? Out of the record. 553, Senator DeAngells? Read the bill, Mr. Secretary.
Senate Bill 553. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngells. SENATOR DeANGELIS: 158 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Thank you, Mr. President. Senate Bill 553 is neW legislation Which brings the Department of Revenue in line with the new electronic changes that have taken placey such as the fax machine, et cetera. It's a very extensive bill. Most of you have recelved a very detalled analysis, and I would rather answer questions to this rather than read this filibuster analysis word for word.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? There being no discussion, the question is, shall Senate Bill 553 pass. Those in favor Wi11 vote Aye. Those who are opposed, vote Nay. The voting is open. Have all voted who wish? Have a11 voted who Wish? Take the record, Mr. Secretary. On that question, there are 54 Ayes, no Nays, none voting Present. Senate Bill 553, having received the constitutional majoritye is declared passed. Senator Klemm, on Senate Bill 554? Read the bill, Mr. Secretary.
Senate Bill 554. (Secretary reads title of btll) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 554 creates the Unfunded Mandates Act. If you'll recall, in November we placed a referendum question on the ballot, asking voters whether they support government trying ko mandate programs to local government without funding, and nearly eighty-two percent said they do notr that they should the government should certainly have these programs that We must mandate with the funds. And what Senate Bill 554 does is it requires, then, an extraordinary vote of three-fifths of each House, if we were to do a mandate with unfunded dollars to go with 159 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 it. However, if we were to have a companion bill that provides those dollars, then it would take a simple majorlty, as it does now under current law. It also goes on to say that, if, in fact, we end up vetoing or abandoning, if you will, the appropriation bill, that that nandate would not then apply . This seems to be in keeping certainly with some constitutional questions that we're trying to also raise from another area. This had a full hearing before the Executive Committee. It was unanimously agreed that it was a good bill, and I do ask for your support in trying to uphold what the voters told us last November.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.
Yes. Would the sponsor yield?
PRESIDING OFPICER: (SENATOR WEAVER) He indicates he'll yield, Senator.
Senator Klemm: the bill is drafted -- is fairly broad in -- in tts interpretation, it would seem to me. It says any b111 that uould require the expenditure of funds by a unit of local government shall not become 1aw unless, as you said, there 's a three-fifths vote or there's an appropriation. Do you intend for this to -- to cover, for example, a bill that would increase penalties for a criminal offense, which obviously has the potential for increasing the cost to the local judicial system: and as a result would require three-fifths.vote?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.
To if it would require a cost to a unit of local government, the State Would have to require that or require the extraordinary vote, which would exempt it then from the revenues - l60 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 from the dollars.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Hawkinson.
Well, I think we need a clarification on that, Senator. Are you saying that every tine a penalty increase in any criminal offense that you would require a three-fifths vote? I don't think you answered the question directly.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm .
Well, the answer is in the Section 5, line 6, it says, ''A bll1 that would require the expenditure of funds...n I don't know if that would require the expenditure of funds.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Not -- you are not answering yes. You Were -- you Were answering that you do not know the answer to that question. Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.
Well, we would have to determine whether -- by the Mandates Act whether it would be a mandate. We al1 saw -- received that report, so we would have some indication in advance, think, before We take a vote.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
I'd ask the Gentleman to take this out of the record until he can answer that question. l6l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Do you wish to take it out of the record, Senator Klemm? Out of the record. Senator DeAngelis, do you wish to return Senate Bill 558 to the Order of 2nd Readin: for the purpose of an amendment? Senator DeAngelis seeks leave of the Body to return Senate Bill 558 to the Order of 2nd Reading for the purpose of an amendment. Is there objections? Hearing no objections, leave is granted. On the Order of 2nd Reading is Senate Bill 558. Senator DeAngelis. Mr. Secretary, read the bill.
The Rules Committee has approved for consideration Floor Amendment No. 2, offered by Senator DeAnselis.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis, to explain the amendment. SENATOR DeANGELIS: Thank you, Mr. President. This bill is a committee bill - a Revenue Committee bill - and ls the advisory committee for recodification of the Property Tax Act. When this committee was ereated by the Director of the Department of Revenue, was designed to recodify the tax Statutes and make the Property Tax Code user-friendly. In the process, we inadvertently ellminated a few things in the existing Code. This amendment simply puts back in those things that should not have been taken out in the first place.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion on the amendment? Senator Cullerton.
Yes. I think that the Gentleman is referring to Amendment No . 3, if I understand it correctly. I think Amendment No. 2 is...
PRESIDING OFFICER: (SENATOR WEAVER) Mr. Secretary, is this Anendment No. 37 Amendment No. 2 is a technical amendment. 162 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
But that's not the one he was describinç, is my point.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis, has the technical amendment been adopted? SENATOR DeANGELIS: believe - and I could stand corrected - that Amendment No . 2 was adopted in committee. It was a technical amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Thls is a Floor amendment. Were you describing the Floor amendment, Senator? Senator DeAngelis. SENATOR DeANGELIS: My information indicates that No . 2 -- are you talking about the technical amendment? And it was adopted in committee. If you choose, 1'11 readopt it. All right. I will then move to adopt Commlttee Amendment No . 2, -- I mean Floor Amendment No . 2, which is nothing but a cleanup from Enrolling and Engrossing.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion on Amendment No. 27 Al1 in favor, signify by saying Aye. Opposed, Nay. Amendment No. 2 is adopted . Are there further amendnents?
The Revenue Committee has recommended Floor Amendment No. 3, offered by Senator DeAngelisy Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Amendment No. 3 is as had previously described . I urge its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion on Amendment No. 3? If not, al1 in favor, signify by saying Aye. Opposed, Nay. Amendment No. 3 is adopted. Are there further amendments? 163 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
No further amendments, Mr. President.
PRESIDING OPFICER: (SENATOR WEAVER) 3rd Reading. Senator Welch, on 560? Read the bill, Mr. Secretary.
Senate Bill 560. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
Thank you, Mr. President. What this bill would do is create the Construction Contract Act; basically saying that a construction contract shall not require a contractor or a subcontractor to waive their right to a lien or claim against a bond before being paid. In addition, there also is a provision that any dispute resolution process within the contract is forbidden from occurring in another State or be governed by the laws of another State. This bill is based on several other statutes, particularly one from Wisconsin. I'd be glad to try to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall the Senate pass Senate Bill 560. Those in favor Will vote Aye. Those opposedr vote Nay. The voting is open. Have all voted who Wish? Have all voted Who wish? Take the record: Mr. Secretary. On that question, there are 52 Ayesg no Nays, no -- none voting Present. Senate Bill 560, having received the constitutional majority, is declared passed. Senate Bill 561, Senator Geo-Karis? Out of the record. 567, Senator Klemm? Read the bill, Mr. <sic> Secretary.
l64 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senate Bill 567. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm .
Well, thank youz Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 567 has been the result of about a year and a half of Work that wedve been doing with the Department of Public Aid in trying to develop a program where aid recipients could keep some of their earned income, privately done in the free enterprise system, if you will, and still receive some of their benefits from the State, so that we could actually increase their total income, and yet try to wean and break recipients from that constant cycle of staying on public aid. Similar almost, I guess, like Social Security, where you can make a couple of dollars and you ld only lose partial amount of your State aid, or your -- in that case, Social Security. In talking with the Department, they also have indicated that there's additional problems in trying to explain to the recipients and b0th to their caseworkers, a1l the different benefits and forms and programs and dollars and the budgeting requests that they have to meet in order to qualify for the aid that they're receiving. So Senate Bill 567 is asking the Department of Public Aid to develop a new earned income budgeting process for the recipients, which will allow those clients to keep more of their earned income, to help them keep their quality of life and standard of living higher. We spend about l.4 billion dollars in this area alone, and if we could just reduce that by ten, fifteen, twenty percent, this could mean almost a quarter of a billion dollars more that we could add to education, or other programs the State needsr without tax increases. seems like it's a business person's approach that helps both the recipient l65 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 receive more funds, helps them get in the work ethnic Ksic>: helps them go out in the free enterprise system to create jobs and grow in their own sector, gives them pride, and allows the State to save some money. think it's a good bill, and ask for your support.
PRESIDING OFFICER: (SENATUR WEAVER) Is there discussion? Senator Smith.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I stand in strong support of khis legislation. It Went throuqh the committee with no opponents at all, and it was put on the Agreed Bill List. The Voices of Children, the Legal Assistance Foundatlon of Chicago, the Public Welfare Coalitlon, and several welfare rights groups, a1l stand behind this legislation. I stand and ask al1 of my friends to please vote a favorable vote.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discusslon? If not, Senator Klemm may close. The question is, shall Senate Bill 567 pass. Those in favor w11l vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted who wish? Have all voted who Wish? Take the record, Madam Secretary. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate Bill 567, having received the constitutional majority, is declared passed. Senator Ralph Dunn, on 568? Read the bill: Madam Secretary.
Senate Bill 568. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Ralph Dunn.
Thank you, Mr. President and Members of the Senate. Senate 166 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Bill 568 Would extend the deadline applications of Metropolitan Civic Center Act for an additional two years. TWo years ago When we quit funding civic centers because of a lack of fundsr We -- We passed the same bill and extended the deadline till June the 30th of this year, 1993. This Would merely extend it two more years. Hopefully, by then we can get back in the civic center business. They are up to somewhere close to nineteen civic centers. There were nineteen civic centers in 1991, that we extended it to .93, and those same ones Will be extended. Some of them may not be active now, but at least they're all on the list. So I move -- be glad to answer any questions, and urge the passage.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, Senator Dunn moves that...
An Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) .. . senate Bill 568 be approved. Those in favor, signify by voting Aye. Opposed, vote No. Take the record. Voting is open, excuse me. Have a11 voted who Wish? Have all voted who wish? Take the record, Madam Secretary. On that question, the Ayes are 52: the Nays are none, 2 voting Present. Senate Bill 568, having received the constltutional majority, is declared passed. Senator Donahue, do you wish this -- Senate Bill 570 returned? Out of the record. Senator Butler, on Senate Bill 5717 Read the billr Madam Secretary.
Senate Bill 571. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.
167 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Thank you: Mr. President. There are currently six local labor management committees which receive grants from DC -- from DCCA. Under the current rules under which they operate, there is a five-year limitation on funding for these local labor management committees. Senate Bill 571 simply removes that restriction. It does not change their operations or funding ln -- in any other way, and I would urge approval.
PRESIDING OEPICER: (SENATOR WEAVER) Is there any discussion? If not, Senator Butler requests that 57l be approved. Those in favor will vote Aye. Those opposed will vote No. The voting is open. Have all voted Who Wish? Have all voted who Wish? Take khe record, Madam Secretary . On that questiony the Ayes are 55, the Nays are none, none voting Present. Senate Bill 571, having reeeived the constitutlonal majority, is declared passed. Senator Cronin, on 576? Read the bill, Madam Secretary.
Senate Bill 576. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.
Thank you very much, Mr. -- Mr. President and Members of the Senate. Senate Bill 576: is -- was an agreed bill in committee. The bill seeks to amend the Uniform Conviction Information Act. As al1 of you know, that 1aw sets out the means by which the public can gain access to conviction information. The sum and substance of the bill is the result of a joint effort by the Chiefs of Police, the State Police and the Illinois Criminal Justice Information Authority. The bill sets out a new administrative procedure for obtaining conviction information. 168 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 The goal here is to sek up a mechanism to retrieve information quicker, and the protections that have been in place renain in place. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.
Yes, would the sponsor yield? Senator Cronin, could you explain to me why the Departnent of Corrections is only neutral on this bill, and not in favor of the bill?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.
I'm not sure.
PRESIDING OEFICER: (SENATOR WEAVER) Senator Cullerton.
Don't you think we should take out of the record until We could find out? They have a legislative liaison; in fact, they have two or three of them, and I'm sure we could find one of then and just to see if there's not a problem. The reason why I thought they mlght be neutral is because I've read khe bill and it's very similar to Senator Molaro 's bill, I think, in that it doesn't appear to do anything. And...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.
Yeah. I guess that's qenerally the hallmark of a first bill.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, the question is, shall Senate Bill 576 pass. Those in favor will vote Aye. Those opposed, vote Nay. Voting is open. Have all voted who wish? Have a1l voted who wish? Have a11 voted who wish? Madam l69 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Secretary, take the record. On that question, there are 55 Ayes Yeas, no Nays, none voting Present. Senate Bill 576, having received the constitutional majorlty, is declared passed. Senator Karpiel, on 577? Out of the record. Senator Mahar, on -- read the bill, 578, Madam Secretary.
Senate Bill 578. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar.
Thank you, Mr. President and Members. For many years, it is my understanding, the City of Chicago has negotiated a franchise agreement with Commonwealth Edison. Currently that agreement is at four percent of total revenues. It generates to the City about seventy million dollars. Unfortunately, two thirds of Commonwea1th Edison's consumers live outside of the City of Chicago, and they are absorbing two-thirds of the cost, or, we figure, about forty-five million a year. This would correct this inequity and require that the the percentage for the franchise agreement be based upon the residents or the consumers within the municipality.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.
Yes. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'd yield, Senator.
Yes. Senator, is the theory behlnd this that -- that there is a franchise fee that's being charged for people outside the City l70 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 of Chicago, and yet the the benefits are going to the City of Chicago exclusively?
PRESIDING OEFICER: (SENATOR WEAVER) Senator Mahar.
The consumers in CommonWea1th Edison's service area who reside outside of the City are required to pay, based on total revenues, a portion of that franchise fee agreement.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Well, why are you singling out just franchise fees? What about property taxes? You know, the -- the Commonwealth Edison might own a Braidwood facility where there is large property taxes that are paid and those property taxes are benefiting that local area. Is that -- is that -- aren't there other fees that you could have this apply to other than just the franchise fee?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar.
This bill only addresses the franchise fee.
PRESTDING OFFTCER: (SENATOR WEAVER) Senator Geo-Karis.
Mr. President, Ladies and Gentlemen of the Senate, I strongly support this bill. Why should the citizens of the other areas pay money into the City of Chicago through the Commonwealth Edison franchise fee? This is what it amounts to. This bill Will prevent that. It's not falr for people in other counties to pay into this fund so that Commonwea1th Edison can make a refund of seventy million dollars to the City of Chicago. just isn't fair. I think it's the people who live in it and that -- those l7l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 people should be charged With it, not the people in the other counties, and therefore I rise in very strong support of this bill. It's the only fair thing to do.
PRESIDING OFFICER: (SENATOR WEAVER) Any -- any further discussion? Senator Mahar may close.
Thank you, Mr. President and Members. This bill will have no cost impact on the City of Chicago - does not require them to renegotiate their franchise agreement. They may still get seventy milllon dollars. However, in fairness, Will require Commonwealth Edison not to offset the cost of the seventy- nillion-dollar agreement wlth revenues outside of the City of Chicago, and I would ask for your favorable support.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 578 pass. Those in favor, vote Aye. Those opposed will vote Nay . Voting is open. Have all voted who wish? Have all voted Who Wish? Take the record, Madam Secretary. On that question, the Ayes are 40, the Nays are 10, none voting Present. Senate Bill 578, having received the constitutional majority, is declared passed. Senator Watson, on Senate Bll1 579. Read the bill, Madam Secretary.
Senate Bill 579. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Thank your Mr. President. This particular bill comes to us from the Motorcycle Dealers Association. There was no opposition to the bill in committee. It changes the reference in the Motor Vehicle Franchise Act from ATVS, which is currently language, to l72 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 off-highway vehicles, to mirror the federal reference. It allows for Farm Implement Buy Back Act that we have enacted before, Which would allow for dealers to resell inventory and a1l back to the originator - creates that same language. And it also provides third provision to allow for a1l new and existing motorcycle franchises.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.
Yes. If the sponsor could yield to a question.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates hefll yield .
Could you explain the change with regard to the security agreement? I'm sorry, the security interest portion of the bill? As understand the -- a motorcycle dealer would have a security interest in inventory repurchased by the manufaeturer or the distributory in order to secure repayment to the dealer. Most franchise agreements contain security agreement language. I'm just wonderlng how this would change the current law.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
This is the same language that we have in the -- the Farm Implement Buy Back Act. To -- for the individual dealer to protect himselfr he must file a UCC.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If notg the question is, shall Senate Bill 579 pass. Those in favor Will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Take the record, Madam Secretary. On that question, the Ayes are 56, the Nays are none, none voting 173 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leqislative Day April l5, 1993 Present. Senate Bill 579, having received the constitutional majority, is declared passed. Senate Bill 580, Senator Madigan? Read the bill, Madam Secretary.
Senate B1ll 580. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.
Thank you, Mr. President. Senate Bill 580, as amended, comes at the request of parties that are involved in the premium financing of commercial lines insurance, and basically, it -- all that it does -- the bill does, as amended, is that in the event of a cancellation, the refund would of a premium finance contract on a commercial line of insurance, the refund would be issued directly to the producery and it alters the Premium Finance Law that we passed a couple of years ago . I'd be glad to answer any questlons, but it's a fairly simple, straightforward amendnent -- or bill.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 580 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting ls open. Have a1l voted who wish? Have al1 voted who wish? Take the recordy Madam Secretary . On that question, the Ayes are 42y the Nays are 10, l voting Present. Senate Bill 580, having received the constitutional -- constitutional majorityy is declared passed. Senator Madigan, do you wish 582 -- out of the record. Senator Burzynski, on 583? Madam Secretary, read the bill.
Senate Bill 583. l74 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 583, as amended, basically does three things, or four things: It authorizes the Department of Ag to approve the sale and distribution of veterinary vaccines; it removes the testing for intrastate movement of cattle; also establishes a revolving fee fund for use for providing analysis of research samples, out-of-state samples, and survey project samples, to not exceed costs.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? Any discussion? The question is, shall Senate Bill 583 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that questionr there are 54 Ayes, no Nays, none voting Present. Senate Bill 583, having received the constitutional majority, is declared passed. Senator Fitzgeraldr on 5917 Read the bill, Madam Secretary.
Senate Bill 591. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald.
Thank you, Mr. President. Senate Bill 59l would allow manufacturers this State to purchase itens that are consumed in the manufacturing process, tax free. It's a small change to our l75 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 sales tax laws. Currently, we do not tax items that are physically incorporated into the final manufactured product, but we do tax other items that are consumed during the manufacturing process, such as oils, solventsr cleaning compounds and so on. This bill would exempt those types of items from sales tax. Most other states do not impose a tax on such items. In fact, thirty-one other states in the nation do not. None of our neighborlng states do. This is one small thing that we can do to help make manufacturin: in Illinois nore competitive, and I would yield for questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Welch.
Well, I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield.
Could the sponsor tell me, number one, how much is raised by this tax, and how much will be returned back to manufacturers, if we pass this bill?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald.
Yes. I can give you a very rough idea of that. As you know, we discussed this in committee. I filed a fiscal note and the fiscal note, basically, came back saying we don 't know how much revenue would be lost, but it could be significant. The Illinois Manufacturers Associatlon has surveyed its members, and on the basis of those replyingr it has done a projection of what the amount would be, and also we -- we do know from the Department of Revenue that manufacturers currently pay about three hundred and thirty million dollars a year in sales taxes. Now, based on the 176 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 responses in the IMhls survey, it appears that this -- the cost to the State, in terms of immediate cost in lost sales tax, Would be somewhere in the neighborhood of about twenty million dollars, and that -- throw that out as a rough -- a rough figure.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
Can you tell me, when youlre talking about the exemption, it includes sales taxes paid on items used during the manufacturing process. Does that include fuels, includin: sales tax on gasoliney or diesel fuely or oil? Does include those taxes as well?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Eitzgerald.
Well, yes, it Would -- would include any sales tax on -- an oil or a solvent that went in and was consumed in the manufacturing process. Are you talking about the motor fuels tax? Is that... Well, you know, I -- I cannot -- I cannot answer that question.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
Well, my understanding is this includes the sales tax on gasoline, and since it includes that, would it also include the cost of the fleet of vehicles for a manufacturing company, for instance, since those cars are necessary for the manufacturing process, for the salesmen and other individuals to get to and from the plant, to the suppliers? Are we going to include their entire fleet of vehicles and all the gas that they use, all the sales tax on that qasoline?
PRESIDING OFFICER: (SENATOR WEAVER) l77 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 Senator Fitzgerald.
No. It would not include that. Only items that are consumed in the manufacturing process. Now, this would not be consumed, do not believe. Automobiles would not be, and manufacturers would still be paying sales tax on anything that is not consumed . A11 the papers for their offices or whatever, that have nothing to do with the manufacturing , are not incorporated or consumed into the manufactured item, would not -- would -- this exemption would not apply to .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
Well, I'm not sure What you mean by consumed into the product. If it's consumed while making the product, I -- I think that that is also covered in the bill. And certainly, your fuel, is -- if anything is consumed. it's going to be your -- your fuel. think that the -- the fiscal note that was filed by the Department of Revenue on this bill is very revealing. Their last sentence is ''It may be determined that a direct and significant loss in tax revenues w111 be realized by this Act.'' The sponsor admits twenty million dollars. That's the estimate given by the Manufacturers Associationy as I understand Those are the people who are sponsoring this bill, and certainly they are going to give us an estimate on the 1ow side of the equation. So I don't know how we're going to make up twenty million dollars over the next year, with all of our fiscal problems, but this is only one of several bills giving what are termed ''tax relief'' to businesses. All, I believe, are endorsed by the Manufacturers Association. But if this one 's twenty million dollars, the other ones are going to put the total over one hundred million dollars. It seems to me that we need to stand back and say we have to have a rational l78 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 industrial policy in this State, and not just give these tax increase -- tax rebates, one by one, tax relief to manufacturers, one by one, until we end up spending over a hundred or two hundred million dollars. This doesn't make sense. This is not good economic policy for the State of Illinois, and I think that we should vote No on this.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.
We talk about where the cost is going to come from ; this is a jobs bill. This ls going to generate considerable more revenues, because wefre putting manufacturing back where belonqs in Illinois, at the top of the -- the ladder. And I'm sick and tired of losing manufacturing jobs in the States. Thlrty-eight other states -- or thirty-two other states have done this. We talk about having a -- a rational tax basis, why can't -- we need -- we need to be like other states. It's tough enough to compete internationally and nationally, but to have our own State continue to handcuff manufacturing is ridiculous. We have start -- we've got to start becoming more manufacturlng-friendly. Manufacturers hire individuals; individuals pay taxes. We don't need Target stores and Venture stores. What we need are manufacturing jobs with high-paid individuals who are paying taxes. I would submit this is not going to cost taxes; this is going to increase revenues. This is a revenue-enhancing, jobs bill, and I wholeheartedly support it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. You know, I know there's a 1ot of discussion on this bill, as to whether a jobs bl11, whether it's this side or that side 179 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 economics. I'm going to tell you a fact, though: I stand in support of this legislation. We have, as an example, a -- a meat-packer in our area that does a good job, and he buys CO2 to quick-freeze meat. That is taxable. That makes no sense to me. But yet, at the same time, if we have a die bit or a tool -- a die or a tool bit, that is not taxable. We fre confusing the living devil out of businesses out there. I think this is a good bill, and I ask for its support.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Thank you very much. I won't belabor the point, but I think if you, particularly on our side of the aisle, will look at your analysis, you will see that that the very states that We are losing our manufacturing to are the ones that that have this this kind of tax relief: Wisconsin, Indiana, Ioka, Michigan and Kentucky. We certainly ought to join the rest of the world, and I speak in favor of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any further discussion? If not, Senator Fitzgerald may close.
Thank you, Mr. President. You know , last year when we had -- or two years ago when the Presidential primaries were going on, there was a Democratic Presidential candidate named Paul Tsongas, who -- that I would -- I would like to remind my friends on this side of the aisle what he said . He said that ''It's time for the Democratic Party to remember that when we stick it to business, wefre also sticking it to the people who work for business.'' And when you talk about a tax break for a business, well, business is made up of people, some who own shares, some who work therey and people who Work for business are ones who are going to benefit by l80 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 a job like this. Manufacturing jobs in this State will be helped if we can do this. It's -- it's long-term, good policy, because ultimately we'll have more jobs and more tax revenues in this State, and we'll be better able to compete we pass this legislation. I urqe a favorable vote. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) The question ise shall Senate Blll 591 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a1l voted who Wish? Have a11 voted who kish? Take Ehe record. On that question, there are 34 Ayes, Naysy voting Present. Senate Bill 591, having received ehe constitutional majority, is declared passed. Senator Woodyard, on 5967 Read the bill, Madam Secretary.
Senate Bill 596. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyard.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Thls bill was suggested by not only the American Quarter Horse Association, but also the Illinois Quarter Horse Association. It would allow a day or two days of racing, pari-mutuelly, by quarter horses, at both the Illinois State Fair in Springfield and Duouoin.
PRESIDING OFEICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 596 pass. Those in favor will vote Aye. Those opposed will vote Nay . The voting is open. Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 5l: the Nays are none, none voting Present. Senate Bill 596, 181 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 having received the constitutional majority, is declared passed. Senator Fitzgerald, do you wish this bill - 601 - returned to 2nd for the purpose of an amendment?
Mr. President, I would request leave to the -- that the Body give me leave to return 60l to 2nd Reading for the purpose of amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Is there leave? Hearing no objections, leave is granted. The bill is on the Order of 2nd Reading. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Fitzgerald.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald, on Amendment No . 2.
Thank you, Mr. President. Amendment No. 2 basically, simply adds the podiatrists to my bill. Previouslyz the bill only affected doctors, and this would add podiatrists.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, all in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there further amendments?
Floor Amendment No. 4, offered by Senator Fitzgerald .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald.
Thank you, Mr. President. Amendment No. 4 is in a similar vein; it would add dentists to the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? All in favor of Amendment No. 4, signify l82 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15# 1993 by saying Aye. Opposed, Nay. The Ayes have it. Amendment No . 4 is adopted. Are there further amendments?
No further amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senate Bill 602, Senator Fitzgerald? Read the bill, Madam Secretary .
Senate Bill 602. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFEICER: (SENATOR WEAVER) Senator Fitzgerald .
Thank you, Mr. President. Senate Bill 602 is -- amends the Illinois Controlled Substances Act. Right now, the Department of Professional Regulation can revoke the prescribing privileges of a physician, without the knowledge of the Medical Disciplinary Board . If now, if there's good cause to revoke the prescribing privilege, there may also be good grounds to take action against the medical license. What this bill would -- would do , would be to require the Department of Professional Regulation ko receive input, or get inputr and let the approprlate licensure or disciplinary board know that it is taking disciplinary action. And it also has a minor provision in it that Would allow the Director of the Department of Professional Regulation to appoint an attorney to serve as a hearing officer in any disciplinary hearing, and I think they dre already doing that. And I would be open for questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 602 pass. Those in favor Will vote Aye. Opposed , Nay. The l83 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 voting is open. Have all voted Who wish? Have a11 voted who wish? Take the record, Madam Secretary. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 602, havinq received the constitutional majority, is declared passed. 603? Read the bill, Madam Secretary.
Senate Bill 603...
PRESIDING OPFICER: (SENATOR WEAVER) No, take it out of the record. Take out of the record . Senators -- Senate Bill 604, Senator Klemm? Read the bill, Madam Secretary.
Senate Blll 604. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.
Thank thank you, Mr. President and Ladies and Gentlemen of the Senate. 604 has been amended so that we would create and establish, I should say, really, a Home and Community-Based Services Task Force. The reason that we're doing this in Senate Bill 604 is that we 're trying to see we can do a comprehensive program of studies that we could help reduce the institutionalism or institutionalizing people on Medicaid, rather than keeping them probably in home-based service in their oWn home. And what we're trying to do is meet with a1l the departments, which we've done, with the Department of Public Aid, Department of Aging: DORS, to create a task force for them to study Ways that we can implement, later on, by legislation, Ways that we can reduce Medicaid type of expenditures. Many of you are faniliar with the - - Oregon's comprehensive program. In Oregon, even though they're l84 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15# 1993 a much smaller State, theydre suggesting their savings are well over a hundred million dollars a year because of a progran theydve established. We're looking to see if perhaps there are areas that we can do for this independent living . Rather than trying to mimic the Oregon program , We felt it would be fairer to have a11 the departments both working then w1th the nursing home industry, with the long and short care term providers, to come up with a program that would fit Illinois. And I do ask for your support on 604.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 604 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wish? Have a11 voked who wish? Madam Secretary, take the record. On that question, the Ayes are 56: the Nays are none, none voting Present. Senate Bill 604, having received the constitutional majority, is declared passed. Senator Rea, on 607? Read the bill, Madam Secretary.
Senate Bill 607. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rea.
Thank you, Mr. President. Senate Bill 607 came ouk of committee on the Agreed Bill List. I know of no opposition to it. The Department of Public Health shall award grants to physicians that are Would be delivering babies in rural designated shortage areas. These grants shall be used to reimburse physicians for the cost of obtaining the medical malpractice insurance. Senate Bill 607 is actually a follow-up to the Rural 185 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 and Downstate Health Care Act that we had passed in 1990. I Would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? Seeing none, the question is, shall Senate Bill 607 pass. Those in favor Will vote Aye. Those opposed will vote -- vote Nay. Voting is open. Have all voted Who Wish? Have al1 voted who wish? Take the record, Madam Secretary. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 607, having received the constitutional majority, is declared passed. Senator Hasara, on Senate Bill 610? Out of the record. Senator O 'Malleyz on 614? Read the bill, Madam Secretary.
Senate Bill 614. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.
Thank youe Mr. President, Members of the Senate. Senate Bill 6l4 amends the Crime Victims -- did I hear something -- amends the - - the Crime Victims Compensation Act by authorizing the Court of Claims to pay claims for certaln services or expenditures, solely and directly to a person that is not the applicant. Under current law this ls not permitted. Senate Bill speciflcally -- Senate Bill 6l4 specifically stipulates that the court may order that a1l or a portion of an award be paid solely and directly to another person other than the applicant, to the extent that -- that such other person has provided products, services or accommodations, the costs of which are included in the award .
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate l86 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 Bill 614 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Take the record, Madam Secretary. On that question, there are 54 Ayes, no Nays, none voting Present. Senate Bill 614, having received the constitutional majority, is declared passed. 618, Senator Donahue? Read the bill, Madam Secretary. END OF TAPE TAPE 5
Senate Bill 618. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This btll does two things, and it deals with the custody of a child. requires that you have clear and convincing proof for the parent they 're leaving the State of Illinois to remove that child and that the impact has a direct effeet on the child's welfare or the care of the child and -- or benefit to the child. This is a -- a very important piece of leqislation, regardless if you 're a man or a woman, a mother or a fathery and I would hope We could have your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Thomas Dunn.
l87 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Thank you, Mr. President. The Body should know that this is a substantial change as it affects a parent's riqht to take a child out of State, and I'm not necessarily saylng that's bad, but When you take a child out of State, you have to have more than just a reason. And the court has previously held that that reason is, what is in the best interests of the minor. And the reason for that existence is that, unfortunately, children became pawns in divorce, and sometines out of spite, one -- one side would move away With the child to frustrate visitation. But what this aspect does is it raises the level of proof to the highest point in civil 1aw for a person to determine or for a judge to determine that it is in the best interests of the minor. As the 1aW exists now , is a preponderance of the evidence, which is technically a shade over a majority: fifty-one percent, fifty-two percent. This Would raise to a preponderance of the evidence, which is just short of the criminal 1aw standard, beyond all reasonable doubt. So, just so you're aware, this is a substantial change in the burden of proof for a mother, who normally has custody, to take a child to another state. So it cuts b0th ways. Just be aware of what it does.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.
Thank you. I rise in support of this bill. You know , when a a child is to be taken away - out of the State - permanently, by the custodial parent, for whatever reason: it is certainly tantamount... Excuse me. Bad popcorn. It's tantamount to a change in custody. And a change in custody under the 1aW currently requires a showing, by clear and convincing evidence, that it's in the best interests of the child. A11 this does is acknowledge the fact that when a child is to be taken out permanently by the custodial parente it' in fact, is tantamount to l88 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 a change in custody, and sets forth the same requirements that are in current 1aw for that change in custody situation. I think it's a very good bill. I think it will promote fundamental fairness, not only in the interest of the child, but between the parties. And I rise in support.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I have some problems with this bill. I'm not sure whether I'm for it or aqainst ik, but I guess -- I run into that same problem . I think that We 're a11 a little bit confused on -- by the words ''best interest of the childd'. That then becomes a -- as I see it, a subjective call, you will, on the behalf of the judge or someone else out there, and I think that that leaves it to -- to broad, broad brush. I just want to know, I guess, is Who knows what's in the best interest of the child? The child 's not going to be able to tell you. The parent very well may feel what they're doing is in the best interest of the child, and I just don't know you know , especially with the Way it's so hard today, in Illinois, to get a job. And it's so hard in many of our states to get a job; that from there, you know, sometimes we have to move more often than we Want to and we're more translentr and that may be considered -- even though lt's a necessity, may not be considered to be in the best interest of the child. So I'm a little bit confused as to what constitutes the best interest of the child . And if somebody can give me a good reason - a good example - on that, I could probably join in, but I just have a tough time in my own mind trying to relate to that. So if anybody 's got any answers, I'm willing to listen.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton. Senator Mccracken. 189 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5r 1993
.o o tmicrophone cutoffl...for seeking recognition again, but ln response to the inquiry, ''best interest of the child'' is a term of art currently in the law. It's the standard used in a1l of these custody issues. The only difference between current 1aw and this bill, if it passed, Nould be the burden of proof in determining whether the best interests of the child are in favor or not in favor of making the move. So we don't -- we do not affect what is the ultimate questionr only hoW convincinq it has to be to the judge before he can grant, in this case, What is tantamount to a chanqe of custody. So it's not very precise, but it's al1 we fve got to work with.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Thank -- thank you, Mr. President. voted Present in committee, and I seill have reservations, and 1'11 tell you whae they are. Clear and convinclng evidence is not well-defined in the law. When you have a case that goes to trial in Illinois, we have standardized jury instructions. The Bar Association has not been able to come up with any definition of what ''clear and convincing'' means. The appellate courts have gone al1 over the ballpark on what Hclear and convincing'' means. Some have said it's close to beyond a reasonable doubt, but not quite; others have said that lt's just a bit more than a preponderance of the evidence. But the problem is, there is no good definition. And I am very hesitant to expand another category of cases where we're requiring clear and convincing evidencey where there 's no good definition of what clear and convincing evidence is.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? not, Senator Donahue may close. l90 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
Well, thank you, Mr. President. Just in response to that: As Senator Mccracken Was indicating, if you want to take a child -- if you want to change custody of a child betWeen one parent to the other, clear and convincing evidence is in the law . If you -- and taking them and removing them from their home or from their locality to another part of this country or another part of the world, for that matter, is tantamount to change of custody. And I think that's -- to use the figure Hclear and convincing'' in both areas of the Statutes makes a lot of sense. This is a very important bill, in my estimation, for -- and it is a change, and a major change. But what we're trying to do here is to make the emphasis on the child, and that's the key to it. Sometimes judges will saye ''We1l, because the mother's leavingr because the nother's going someplace else, it's automatically in the best interests of the child .'' I don't believe that's always the case. And I Want to add one more point. And in this bill it doesn't prohibit -- it -- it doesn't say they can 't take the child out out of State; it just simply says, ''Let's make sure it's the child 's best interests.'' And I hope -- ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) The question isy shall Senate Bill 618 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who wish? Have a1l voted Who Wish? Take the record . On that question, the Ayes are 41, the Nays are 8, voting Present. Senate Bill 618, having received the eonstitutional majority, is declared passed.
Senate Bill 619. Senator Hawkinson. Read the bill, Madam Clerk.
l9l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Senate Bill 619. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Hawkinson.
Thank you, Mr. President. This bill cones to us at the request of the Illinois State's Attorneysl Association. It's to fill a niche between the current crime of robbery and the crime of armed robbery. Right nok, of course, robbery is a Class 2 felony; armed robbery is a Class X felony. This is to deal With situations where someone doesn't actually have a gun, but he leads his or her victim to believe that they have a gun through the hand in the coat or some other thin: - threatening the use of force and saying that they are armed and placing the victim in the apprehension that they are, in fact, arned. It does not create a nonprobationable offense; it still could be probationable, but it increases it from a Class 2 to a Class felony. I would urge its adoption, and would be happy to try and answer any questions.
Fureher discussion? If not, Senator Hawkinson, to close.
Just ask for a favorable vote.
The question 1s, shall Senate Bill 6l9 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you all voted Who wish? Have you a11 voted Who wish? Take the record. On the question, there are 50 Ayes, no Nays, 5 voting present. Senate Bill 619, having received the required constitutional majority, is declared passed. Senate Bill 622. Senator Mccracken. Take it out of the record . Senate Bill 627. Senator Donahue. Read the bille Madam Clerk. l92 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
Senate Bill 627. (Secretary reads title of bill) 3rd Readin: of the bill.
Senator Donahue.
Thank you very nuch, Mr. Presidene, Ladies and Gentlemen of the Senate. Senate Bil1 627 clarifies that if a utility customer has been overcharged, the utility company must refund the customer and -- any overcharges with interest for the entire period of which the overcharges occurred . Proof of the overcharqes must be verified either by company documents or by the lndividual. think there has been some misunderstanding or lack of clarification under the Statutes right now regarding this, and this bill simply atkempts to clarify that this can happen. I 'd be happy to answer any questions.
Any further discussion? Any further discussion? Senator Donahue , to close.
Pavorable roll eall.
The question is. shall Senate B1l1 627 pass. Those in favor will signify by voting Aye. Those opposed, Nay . The voting is open. Have you all voted who wish? Have you all voted who wish? Take the record. On the question, there are 51 Ayes, 3 Nays, none voting Present. Senate Btll 627, having received the required constitutional majority, is declared passed. Senate Bill 628. Senator Topinka. Read the bill.
Senate Bill 628. 193 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leqislative Day April 1993 (Secretary reads title of bill) 3rd Reading of the bill.
Senator Topinka .
Yes. Mr. President, Ladies and Gentlemen of the Senate, this would allow the Department of Public Aid to recover any assistance that was given in error to an applicant or recipient of public aid. The bill does ccme to us as a Public Aid administration bill, and DPA feels it needs this language to close a loophole in the Statutes. And thatfs all does. I don't know of any opposition; however, I'm free to answer any questions, and, if not, seek a favorable roll call.
Senator Welch.
Am on? Yeah. Was wondering if that last bill if the Senator would accept an amendment that there are any overcharges by utility companies, if they couldn't immediately refund those, too, to the people who are deserving of them .
Senator Topinka.
just don't know it would be quite germane to this bill, but it certainly is a consideration for down the road apiece.
Any further discussion? Senator Topinka, to close. Excuse me. Senator Shaw .
Will the sponsor yield for a question?
She indicates shefll yield . Senator Shaw. l94 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
You said this -- this bill came to you as -- as a Department bill? In the -- right now, What do they do when they -- When someone -- when they give a person some money that they are not entitled to? What happens now?
Senator Topinka.
They attempt to get it back.
Senator Shaw.
You say you needed this bill to help them recover the money. That's what I understood. Maybe I Was Wrong.
Senator Topinka.
They need to have the authority in order to recover, not only if it's done by accident, but also if itds done by the -- by the Department as well, so that they are free and clear to just go after this.
Senator Shaw .
I don't know . I Was With the Department of Public Aid as an investigator for a long time - and I don't know Whether you know this or not - I Was in excess assistancey and they -- we -- that's what we used to do: is -- ls get the money. don't know what has happened since that time. Maybe the Statute has been changed. But I was just wondering why did we need this type of legislation for thls. Certainly We might need it# and certainly I would be in favor of them recouping any money, but... Go ahead. 195 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993
Senator Topinka.
Apparently where the glitch lies is there's some confusion as to whether they can collect, if is their faulE, as a Department. And this locks that up . So even if it is their fault noW, they can go after it.
Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Just one question of the sponsor, if she 'll yield.
She indicates she'll yield. Senator Jacobs.
As I read talks about overpayments. Overpayments could also then be insurance, and if insurance is given and -- and they used the insurance, what would that person then be responsible for? For the price of the bill, or for the premium? What would they what Would they be responsible for, tn that case of an overpayment there? If -- if they were not, you know, supposed to be getting the -- the insurance at that time.
Senator Topinka.
This bill is limited to Medicaid. I don't know that covers insurance.
senator Jacobs.
But would they not be getting a service, and therefore that service would be considered to be an overpayment of service? l96 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
Senator Topinka .
No. And that's not my intent.
Further discussion? Senator Toplnka, to close.
Just a favorable roll call, please.
The question is# shall Senate Bill 628 pass. Those in favor will vote Aye. Those opposed, Nay. The voting ls open. Have you all voted who wish? Have you all voted Who wish? Take the record. On the question, there are 54 Ayesr no Nays, no voting Present. Senate Bill 628, having received the required constitutional majorityw is declared passed. Senate Bill 629. Senator Karpiel. Read the bill.
Senate Bill 629. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Karpiel. SENATOR KARPIELL Thank you: Mr. President. Senate Bill 629 amends the Environmental Protection Act, and it provides thak the Illinois EPA cannot proceed With notlce and complaint procedures when a violation arises out of a from a voluntary pollution prevention activity, unless the violator fails to take corrective action or there is imminent danger to the public health. The intention of this bill is to encourage the regulated community to take voluntary pollution prevention activities. Right now they're afraid of doing that, because then to 1et the EPA in, they're l97 STATZ OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 afraid the EPA will see maybe some other irregularities or something, and it's a real disincentive for them to take these voluntary actions. This bl11 would take away that disincentive and hopefully encourage them to take voluntary actions in this regard.
Further discussion? Senator Welch.
A question of the sponsor.
Indicates she'll yield. Senator Welch.
Could you tell me who supported this bill in committee and who opposed it?
Senator Karpiel.
Well, let's see. It Was a 10 to nothing vote. No opposition? Oh, an opponent was UNO-VEN Company. These are the witness slips. Monsanto Company Was a proponent. Illinois Chamber was a proponent. Obviously the IEPA was a proponent. And Donna Garman from the Illinois Pertilizer and Chemical Company Ksic> Was a proponent.
Any further diseussion? Senator Earpielp to elose.
I just ask for an Aye vote. Thank you.
The question is, shall Senate Bill 629 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you all voted kho wish? Have you al1 voted who wish? Take the record. On the question, there are 55 Ayes, no Naysg no voting 198 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Present. Senate Bill 629, having received the required constitutional majority, is declared passed. Senator -- Senator Cullerton, on Senate Bill 638. Do you wish to return the bill to 2nd Reading for the purpose of amendment? Is there leave? Leave is granted. On the Order of 2nd billing -- on the Order of 2nd Reading, Senate Bill 632 Ksicl (638). Senator Cullerton. Ohr excuse me. Madam Secretary, read the amendnent.
Floor Amendment No. offered by Senator Cullerton.
Senator Cullerton.
Yes, thank you, Mr. President, Members of the Senate. What the amendment does is to strip a number of the provisions that were put on by a previous amendment, thus leaving the Water Reclamation District's billr which extends statutory bonding authority for capital projects from 12/31/96 to 12/31 in the year 2001. That's a11 thak's left on the amendment. Be happy to explain the amendment on 3rd Reading.
Any further diseussion? Any further discussion? If -- if not, those -- on Senate Amendment No. 2 to Senate Bill 633 <sic>, al1 those in favor: signify by saying Aye. Those opposed, Nay. The Ayes have The amendment is adopted . Any further amendments?
No further amendments.
3rd Reading. Senate Bill 641. Senator Cullerton. Do you wish to move the bill to -- take it out of the recordg or 3rd Reading? Take out of the record. Senate Bill 662. Senator Butler. Read the bill. l99 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5# 1993
Senate Bill 662. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Butler.
Thank you, Mr. President. Senate Bill 662 corrects kind of a peculiarity in the 1aw which requires employers to allow employees a twenty-minute neal period. This applies very specifically to those employees of -- particularly small group homes Who monitor individuals with developmental disabilities or mental illness and who must be on duty during the entire eight-hour work period. So this allows them -- allows them to eat on the job, so to speak, without violating the -- that specific law . I ask for a favorable vote.
Any further discussion? If not -- Senator Welch.
Could you -- could I have a question of the sponsor?
Sponsor indicates he will yield. Senator Welch.
Senator Butler, my notes show that the AFL-CIO is opposed to this bill. Could you explaln why they would be opposed?
Senator Butler.
I believe they -- at one time they Were opposed to it. We did amend to be more specific, and -- it is now specific to individuals with developmental disabilities or mental illness. think that erased their objection. 200 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll 1993
Further discussion? Senator Jacobs.
Yese Mr. President. Does this, in fact -- is this permissive for the -- the enployee, or is this mandatory for the employee?
Senator Butler.
Would have to say it's permissive. There may be some conditions under which they can allow some rellef.
Senator Jacobs.
Is this then -- has this been requested by the enployees of these nursing homes, et cetera? Because what it appears to do - and I thlnk you alluded to it in your discussion - is that you are forcing people to eat on the job, so to speak -- while they're doing their duties, so to speak. And that appears to me to be a little bit of a problem . I'm not too sure if this doesn't violate federal law, by virtue of not giving the established time that's necessary.
Senator Butler.
To the best of my knowledge, I do not think does, Senator. That point has never come up.
Further discussion? If not. Senator Butler, to close.
I ask for a favorable vote.
The question is, shall Senate Bill 662 pass. Those in favor 201 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 will vote Aye. Those opposedy Nay. The voting is open. Have you a1l voted who wish? Have you all voted who wish? Take the record. On the question, there are 48 Ayes, 2 Nays, no voting Present. Senate Bill 662, having received the required constitutional majority, is declared passed. Senate Bill 664. Senator Butler. Read the bill.
Senate Bill 664. (Secretary reads title of bill) 3rd Reading...
Senator Senator Butler.
Senate Bill 664 adds the Meals on Wheels Fund to the checkoff list. It creates a checkoff contribution on the income tax return form for -- as I say, for Meals on Wheels. Would be happy to entertain any questions.
Further discussion? Further discussion? If not, Senator Butler, to close.
I ask for a favorable vote.
The question is, shall Senate Bill 664 pass. Those in favor will vote Aye. Those opposedz Nay . The voting is open. Have you a11 voted who wish? Have you al1 voted who wish? Take the record. On the -- there are 54 Ayes, 1 Nay, no voting Present. Senate Bill 664, having received the required constitutional majority, is declared passed. Senate Bill 666. Senator Topinka. Take out of the record. Senate Bill 667. Senator Topinka . Read the bill, Madam Clerk.
202 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Senate Bill 667. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Topinka.
Yes. Mr. President and Ladies and Gentlemen of the Senate, this would establish the Long Term Care Facility Inspection Consolidation Task Force to study and make recommendations regarding the elimination of duplicative long-term care facility inspections by State agencies. And it would set January 1st, 1994, as a report date to the General Assembly and to the Governor. Currently we have six State agencies whlch run around loose inspecting nursing homesr and you wonder why, you know, the cost of going to nursing homes is so high, and the chaos is -- is always over there, because our agencies are always tromping through at undisclosed tinesr duplicating each other, stepping on each other's feet, but basically, because of agency turf battles, not wishing to come together to to come up With something logical where we could do it at one time and not keep the nursing homes at bay with huge time inconveniences, waste of money for the nursing home facilities and also for the State, because we have to pick up the travel time of al1 of these various inspectors running around loose in the State. We now, as I said, have six agencies that do this, which is the Department of Mental Health DD, Public Aid , Public Health, the State Fire Marshal, Aging and Transportation. We ask them that they would try to come up with a way to satisfy a11 of the needs of the State agencies in one consistent inspection, also a consistent set of rules which would govern long-term care inspections, and also just try and get these various rules manuals that they now have to consult, consolidated so indeed it could be a little bit more one-stop shopping. I 203 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 think it's a good, commonsense, good-of-the-order bill, and I?d seek your positive votes.
Senator Smith.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I strongly support this legislation, because this has been a longtime Democratic initiative, and I merely -- and the bill is to mandate consolidation of the long-term care. And so I want to urge a11 of my Democratic colleagues on this side to please support and vote for this piece of legislation. Thank your sir.
Further discussion? If not, Senator Topinka, to close.
Favorable roll call.
The question is, shall Senate Bill 667 pass. Those in favor will vote Aye . Those opposed r Nay. The voting is open. Have you a11 voted Who wish? Have you all voted Who wish? Take the record. On the question, there are 56 Ayes, no Nays, no voting Present. Senate Bill 667, having received the required constitutional majority, is declared passed. Senate Bill 670. Senator Burzynski. Read the bill.
Senate Bill 670. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Burzynski.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 204 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 This bill basically requires any balance in a working cash fund generated by a bond issue after January 1st, 1993, and later abolished, to first be used to reduce the next subsequent tax levy for a school district. Be more than happy to answer any questions.
Further dtscussion? Senator Cullerton.
Yes. Would the sponsor yield?
The sponsor indicates he will yield. Senator Cullerton.
Senator, if you know the answer to this, who is the statewide School Management Alliance, and Why are they opposed to your bill?
Senator Burzynski.
I believe that's the school boards, the school administrators those individuals. Very simply, the reason that they Would be opposed to this particular piece of legislation is that most school districts, When they abolish the working cash funds, obviously like to put those in their education fund. This bill would not allow them to do that at this time, and that's only for school districts that have established a working cash fund since January lst of 1993.
Further discussion? If not, -- excuse me. Senator Berman.
Thank your Mr. President. I rlse in opposition to the bill. This may be a fine bill when we're adequately financing all of our schools throughout the Stater but I think that this is a suggestion that the time has not yet come for this bill. We have 205 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 school districts that are short cash, and this is a decision made by local elected board members as to how they 're going to utilize their funds. I don't think this is the time to restrict their flexibility. See us in a couple years, after we change the School A1d Eormular after we pump adequate money into al1 the schools, then we can be more academic in what's right and wrong, what's stricter and less strict, but I just don't think this is the right time to impose this kind of restriction on our locally elected school board members. I rise in opposition to the bill.
Further discussion? If not, Senator Burzynski, to close.
I can appreciate Senator Berman's comments. I really can. He also indicated though, matters of what's right and wrong that perhaps this isn't the time to address those. Certainly I can understand that we have sone school districts that are having considerable amount of problemsy but currently in the Statutes, school districts can abolish the Working cash fund, put in their education fundy and then the following year, establish another working cash fund . I would submit to you that that's an abuse of the system , and that a vote in opposition to this b11l is a vote for a tax increase without referendum . I would appreciate an Aye vote. Thank you.
The question is, shall Senate Bill 670 pass. Those favor will vote Aye. Those opposed, Nay . The voting is open. Have you a1l voted Who wish? Have you al1 voted who wish? One more time. Have you a1l voted who wish? Take the record. On the question, there are 25 -- 21 Ayesr 31 Nays, 2 voting Present. Senate Bill 670, havinq not received the constitutional requirement, is declared failed. Senate Bill 680. Senator Madigan. Take out of the record. Senate Bill 682. Senator Cullerton. Senator 206 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Cullerton. Read the bill, Madan Clerk.
Senate Bill 682. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Cullerton.
Thank you, Mr. Presidenty Members of the Senate. This bill deals with arbitration. Most Circuit -- most Circuits have reported success in reducing court backlogs by the use of mandatory arbitration. This bill would allow for the Supreme Court to tailor the jurisdictional amount for mandatory arbitration to fit the needs of each Circuit. We -- I think, in 1992, alnost twenty thousand cases, Which otherwise would have added to the judicial workload, were assigned to arbitration. What this bill does is to increase the amount in question from fifteen thousand to fifty thousand dollars for cases that would be subject to mandatory arbitration. It's supported by the Supreme Court, and I would be happy to answer any questions, and ask for an Aye vote.
Further discussion? Further discussion? If not, on Senate Bill 682, those in favor will vote Aye. Those opposedy Nay. The voting is open. Have you a11 voted who wish? Have you all voted who wish? Take the record. On the questiony there are 56 Ayes, no Nays, no voting Present. Senate Bill 682, having received the required constitutional majority, is declared passed. Senate Bill 684. Senator Topinka . Read the bill.
Senate Bill 684. (Secretary reads title of bill) 207 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 3rd Reading of the bill.
Senator Topinka.
Yes. Mr. President, Ladies and Gentlemen of the Senate, this would amend the Counties and the United <sic> Code of Corrections Code by permitting Cook County to purchase surplus items produced by correctional inmates without soliciting competitive bids. The Department of Corrections would be directed to determine prices for goods produced by inmates according to the cost of production for State and local governments and according to the usual market price for other sales. It's a Way, we feel, of of providin: skills for tnmates in -- in prisons so that they indeed can cone out with some kind of a skill that maybe they can sell and be productive and economically independent. It also takes *he heat off of overcrowded jalls, because we don't want to see our prison guards doing what's going on in Ohio and other areas. And ultimately, you know , for the social good of the future, you know, it might be good all the way around and at the same time provide units of government in the county with some furniture that Will be good, be serviceable and have -- have some social merit as well. So I would seek a favorable vote.
Further discussion? Senator Demuzlo.
Thank you very much, Mr. President. If I might, I'd like to pose a question to the sponsor.
Indicates she will yield . Senator Demuzio.
I thought I heard you indicate that this was Cook County only. It's my understanding this is a11 of -- a11 of the State. Is that 208 STATE OE ILLINOIS 88TH GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 correct?
Senator Topinka .
Our staff tells me it is Cook County.
Senator Demuzio.
Well, let me -- while we 're looking to see whether or noe it is, in fact, statewide or not, what you are attempting to do, as understood in committee, and as I understood in the analysis, was that you are exemptlng a1l of the counties -- you are authorizing al1 the counties to purchase, without soliciting bids, items that were produced by State prison inmates. And seems to me that these tnmates now that are gaining a salary as a result of makin: this additional furniture -- I meany you know, we're costing us eighteen thousand dollars a year to house a prisoner in minimum security. It costs us twenty-three thousand for maximum and twenty-five thousand for those hundred and twenty on death row, and now we want to give them another salary here to make more equipment and exempt the counties so that our poor little small businesses in our area who have to be competitive, now have to compete with the State of Illinois and the prison -- prisoners. I don't think this is a very good billy and I would ask every person in this place to take a look seriously at this one, because I don't think this is the kind of direction that -- or State policy that we want to be developing in Illinois.
Senator Hall.
Thank you, Mr. President. Wi11 the sponsor yield?
209 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Tndicates she will. Senaeor Hall.
Senator Topinkar who wants this?
Senator Topinka .
Cook County State's Attorney Jack O fMalley.
Eurther dlscussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate . I stand in opposition to this legislation too. I've been hearing on the other side of the aisle most of the day about jobs. And this -- this is a good jobs bill for those that are in prison, but I think what wedre doing with this bill -- and I know it's not the intent of this sponsor to do that - but we -- wedve done in the past with the laundry. We have laundries in our area that are going out of business because the inmates are competing and they 're competing at a reduced price, and there's no possibility for the outside vendors to to complete compete. So whether you let counties, whether you let governmental agencies, no matter who you -- who you allow to purchase these goods, you are putting someone on the outside out of work. Now, I don't have any -- a lot of sympathy for the people that are inside of the prisons that are -- are worried about whether they've got some work to do or not. I'm more worried about the people on the outside of the prisons that don 't want to :et in there, and the best way to keep them from going into those prisons is to ensure they've got jobs. And this bill defeats the purpose, and I think we should all vote No .
Senator Carroll. 2l0 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE .TRANSCRIPT 34th Legislative Day April 15, 1993
Thank you, Mr. President, Ladies and Gentlemen of the Senate. A question of the sponsor, if she will yield.
She will yield. Senator Carroll.
Senator Topinka, you indicated before that your staff told you that it Was Cook County only. I am reading the bill and see no such reference to Cook or Cook County or population. Could you give me some kind of site so We can figure out?
Senator Topinka.
think at this point I'd like to take it out of the record so we can check that fact, and I've been waiting to be called on. So I would like to take the bill out of the record.
Take -- take it out of the record. Senate Bill 694. Senator Smith . Read the bill.
Senate Bill 694. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Smith.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I have Senate Bill 694 which is -- the purpose of this bill is to attempt to reduce health care costs and provide the health care consumer with knowledge about their hospital costs of their bills. And what we have asked the -- the Illinois Health Care Cost Containment to prescribe rules and require al1 hospitals 2ll STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 to show the actual cost of items being charged to the patient on billing. How much does their hospital room cost? If they have operationsg how much do they have to pay? Everythin: is high and people don't have money, but they do get sick. And so we're trying to protect them. I know that the Illinois Hospital Association has conslstently opposed this, but people have to go to the hospital and they have to have some kind of comfort and assurance that they 're not going to be taken to the ride or anything...linaudiblel...that hospitals are ever going to do that, but they have to have some assurance. And people -- our foreign people comlng into our hospitals and they need to -- an assurance: something that they can see or somebody can read for them . And sor I'm askin: that you give me a favorable vote on this piece of legislation.
Senator Toplnka.
Mr. President, Ladies and Gentlemen of the Senate, I strongly commend Senator Smith for being the lead sponsor on this bill, and as you can tell by your staff analysis, our Health Committee Was extremely supportive in the -- on the basis of fairness, because as we look at the high cost of health care today and -- and -- in terms of trying to be competitive and trying to lessen that cost, it's only fair and right and just and proper that the public is able to shop and to know what it's paying for and to see an itemized bill. We've done this for other industries in the State - I think lastly and most notably the funeral directors. We see it on our cars when we buy cars - that the bills are itemized. We get itemized bills on our contracts. Why not for hospitals as well? It's a -- it's a bill that -- that lives and breathes and dies on fairness, and I would ask for your -- your entire support on this, because it makes good sense. 212 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993
Fureher discussion? Senaeor Smith, to close.
Thank you, sir. I merely ask for a favorable vote.
A1l right. The question is, shall Senate Bill 694 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you all voted who Wish? Have you all voted who wish? Take the record. On the question, there are 41 Ayes, 9 Nays, 2 voting Present. Senate Bi11 694, having received the required constitutional majority, is declared passed. Senate Bill 704. Senator O 'Daniel. Read the bill.
Senate Bill 704. (Secretary reads title of bill) 3rd Reading of the bill.
Senator O 'Daniel.
Thank you, Mr. President, Members of the Senate. Senate Bill 704, as amended, actually deletes all, and the amendment becomes the bill. And what it -- it does, it adds that when an airport authority is wholly located within a single county of less than forty thousand population, individuals employed by the local school district may serve on the -- the authority board. The City of Mount Vernon, the mayor there, asked me to introduce this legislation. He has a school teacher there that's servin: on a board, and -- and I guess legally she can't do that. And he wanted to reappoint her, and it's pretty hard to get people to serve on those small airport authorities. So, don't know of any opposition. If there 's any questions, 1'11 attempt to answer. If not, ask for a favorable roll call. 213 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
Any further discussion? If not, the question is, shall Senate Bill 704 pass. Those in favor will signify by voting Aye. Those opposed, Nay. The voting is open. Have you all voted Who Wish? Have you a11 voted who wish? Take the record. On the question, there are 55 Ayes, l Nay, no voting Present. Senate Bill 704, having received the required constitutional majorityr is declared passed. Senate Bill 706. Senator Farley. Read the bill.
Senate Bill 706. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Farley.
Thank you, Mr. President, Ladies and Gentlemen of the House <sic>. What Senate Bill 706 does is authorize the Cook County Forest Preserve District to purchase or lease property from other units of local governments or school districts. One of the purposes of this bill is to permit the district to enter into cooperative agreenents with other units of local governmenE to make purchases and pay for them over a longer period of time. Rather than levying for the entire cost of a cooperative purchase in one year, the bill would permit the district to spread the cost out over a longer period of time. And I Would move, Mr. President, that We have a favorable roll call on Senate Bill 706.
Senator DeAngelis. SENATOR DeANGELIS: I just rise in support of this bill. This gives the county an opportunity to do some things that it needs to do at a better price. 214 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993
Any further discussion? If not -- Senator Farley, you wish to close? Ask for a favorable roll call. A1l right. The question is, shall Senate Bill 706 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted Who wish? Have you all voted who Wish? Take the record. On the question, there are 37 Ayes, 12 Nays, 2 voting Present. Senate Bill 706, having received the required constitutional majority, is declared passed. Senate Bill 707. Senator Parley. Read the bill.
Senate Bill 707. (Secretary reads title of bill) 3rd Reading of the blll.
Senator Farley.
Thank you, Mr. President and Ladies and Gentlemen of the House Ksic>. Senate Bill 707 is a -- validates the tax levy for the Cook County Forest Preserve. This is something that we've been doing over the last several years. And I know that there is some feelings that we shouldn't be doing this, but the purpose, Mr. President and Ladles and Gentlemen of the House <sic>, is to hopefully avoid some frivolous lawsuitsy and know that there 's another Senator that would like to make a comment on this. So with that, Mr. Presidentg I would just hope that we'd have a favorable roll call.
Thank you, Representative Farley. This is the Senate, not the House. excuse you the first time. I didnlt say anything the second time, but three times in a row . This is the Senate. Senator DeAngelis. SENATOR DeANGELIS: 215 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 Question of the sponsor, Mr. President.
The sponsor indicates he will yield. Representative Farley. SENATOR DeANGELIS: Congressman Farley, will you...
Indicates he'll yield. Go right ahead . SENATOR DeANGELIS: Will you take the oath with me that this will be the last time we will ever see this validation in this Body?
Senator Farley.
My apologies, Mr. President and fellow Senators, for my mistake. But, Senator DeAngelis, I Will join with you in sending a strong message back to Cook County, that we would hope that this would not happen again. And I won't sponsor it again: that's what they decide to do, though .
Senator Geo-Karis.
Will the sponsor yield for a question?
Indicates he will. Senator Geo-Karis.
My analysis says that you want to validate the levies for Cook County, the Cook County Forest Preserve District and all downstate forest preserve districts. How can you validate them if they Weren't validated -- if they Weren't valid to begin with? I have a question about that. Can you answer me?
Senator Farley. 2l6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
I'm conferring with the staff here, and the answer would be that they were not specifically itemized in detail as required by Statute.
Senator Geo-Karis.
Well, I'm a little bit troubled, to say the least. If they Weren 't done properly to begin with, then are we qoing to validate something now that should have been done properly to begin with and wasn't done? I'm not trying to be difficult; I'n just curious.
Senator Farley.
Well, Senator, welve been doing this since 1966 and -- I'm presenting the bl1l and -- and sone of these questions, think, might be brought up to the county board . But could say that we've been doing this since 1966, and I would ask that hopefully this Would be the last year We do it.
Senator Dudycz.
Well, Senator, -- the way I understand this bill Will prohibit the eaxpayers from proeesting his taxes. Why are we doing this?
Senator Farley.
Well, it's intended to prevent frivolous lawsuits. That's been the intention.
217 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 Senator Dudycz.
Well, in that case, will also prohibit legitimate lawsuits. Isn't that correct?
Senator Farley.
That's not my understanding. Maybe Senator Cullerton could offer some insight into that, being an attorney.
Senator Cullerton, our authority. Senator Cullerton.
Yes. I think it Would be helpful if -- if the Members have available a copy of the -- the actual bill. This is a validatlon of tax levy ordinances Section, which you look at the billz you'll see that What we -- we do with this bill is to add the year 1992. Thatls the part that's being addedr because, going back to 1966, as the Senator had indicated, we dve passed this bill. And I think if you look, perhapsy at the -- the language of the current Act, we say that -- that Wefre just statin: in -- in State law that the tax levies are valid, in spite of the fact that there may be some technical mistakes in the way in which they adopted their ordinance. I do recall last year that I sponsored this bill. know we, at that time, included the Dupage County Board and the Dupage County Forese Preserve District at their request. I understand that they also want to be added to this bill, and that they may want to put that amendment on in the House. But that's what it's about. It's -- it's really technical in nature. We lve done every year. There has to be, for example, accordinç to the ordinances, specifically itemized detail expenditures; that's required by Statute. And what this bill says is, for example, that notwithstanding that in the levy or appropriation 218 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 ordinance, those stated amounts were not specifically stated, that the levy is still valid. That's the purpose of the -- the bill. It's not anything that -- out of -- out of line or unusual. As a matter of fact. as Senator Farley's indicated, wedve done ehis since 1966, and have -- has in the past, and will in the future, include counties like Dupage.
Senator Dudycz.
Well, it's my understanding that what welre doing is wedre validating the forest preserve district's tax levy and their appropriations. We're doing it by legislative action, and I don't think we want to do that. And I Would hope that we would vote this down. Senator Hall.
Will the sponsor yield for a question?
Tndicates he will. Senator Hall.
Senator Farley - and I want to get this straiqht is this statewide?
Senator Farley.
No. It's Cook County only.
Further discussion? Further discussion? Senator Geo-Karis, for the second time.
May I address this to the sponsor? Our -- our analysis...
The sponsor -- the sponsor indicates he w111 yield. Senator 2l9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Geo-Karis.
0ur analysis -- our analysis says that this bill will apply to all downstate forest preserve districts too.
.. . tmicrophone cutoffl...that a question or a statement? Okay. Senator Earley. Further discussion? Senator Earley.
It's my understanding that it is Cook County only.
Further discussion? Senator Mccracken.
Thank you. At the risk of bucking what appears to be the tide, I believe this is not so ominous. Matter of fact, I happen to do work in this area . So I suppose if I vote Yes, I'm voting against my private interest. But Senator Cullerton is right; this is -- this is technical only. This does not - this does not - defeat any substantive objection to the validity of the tax rates. Zero. Zero. If someone comes in and says the is not dotted, the ''E's'' <sic> aren't crossed, that is defeated by this. Nobody has ever lost a lawsuit. It's never been dismissed. The substantive law is not affected. Now, you will then ask the question: ''Why do we bother doing it?'' And I don 't know Why . But...tmicrophone cutoffl...confident that what I1m saying is correct, it has no substantive effect on anybody's objection to the validity or extent of a tax levy or rate. Zero . It is not an ominous bill.
Senator DeAngelis. SENATOR DeANGELIS: Well, ke ought not to be in this business, but 1et me point out to you that on page 3, refers to counties Who have less 220 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5y 1993 than three million people, and this levy is extended for them as Well. And that includes al1 counties outside of Cook, and on page - forest preserve districts - and on page 2, it's for counties over five hundred thousand. So, it is a statewide validation. But we ought to get out of in Cook, and we ought to get out of it in al1 the State, and this is the last time We're going to be doing it. And that's why I asked the sponsor if we could, in fact, get hin to agree, and I will agree, as the cosponsor of this bill, never to do this again.
Senator Karpiel.
Well, thank you, Mr. President. I was going to ask just the question that Senator Mccracken mentioned. Why exactly do We do this? You may say, Senator DeAngelis, that this is the lasE year, and Senator Farley might say that this is the last year hedll sponsor it, but I've been here thirteen years; We do every year, and if Senator Farley doesn't do next year, some other some -- somebody will do it next year. But in al1 honesty, I Want to know why we do this for the forest preserve districts. Why not the county boards in general or anybody else? Why do we do this? I'd like to have an answer -- a legitlmate answer.
Senator Cronin.
Very quickly, Mr. -- Senate President Philip. I -- since this bill evidently doesn't do much of anything, I just wanted to inquire as to Whether or not this is Senator Farley's first bill.
Senator Farley.
Thank you ... 221 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
To close. To close, I hope.
Thank you, Mr. President and Members of Ehe Senate. Senator Dehngelis is correct. I Was in error. It does cover downstate forest preserve districts. A1l I can say, Mr. President and Members, is I Would hope for a favorable roll call. And I would agree with Senator DeAngelis that We shouldn't have to do this anymore, and I will send that message back.
On the -- on the question, shall Senate Bill 707 pass, those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you all voted Who wish? Have you a1l voted who wlsh? Have you all voted who wish? Take the record. On the question, there are 31 Ayes, 15 Nays, voting Present. Senate Bill 707, having received the required constitutional majorityy is declared passed. Merry Christmas. Senate Bill 712. Senator Palmer. Read the bill.
Senate Bill 712. (Secretary reads title of bill) 3rd Reading of the bill.
I'm sorry. Senator Karpiel.
I would like a verification on that bill, please.
Senator, we have gone to another bill. I did not see anybody 's lights flashing up here. And -- and quite frankly, I think I'm going to proceed ahead. The bill has been read. Senator Falmer.
222 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 Thank you, Mr. President and colleagues in the Senate. This is a bill that would have the Department of Public Aid, in cooperation with the Department of Public Health, to devise and implement a demonstration program to furnish immunization for Medicaid-eligible children on a walk-in basis at local public aid offices by July 1st, 1994. I think that We are al1 aware of the advantage of immunizatlon and of prevention of health problems and the cost-effectiveness, particularly of immunization. The Department of Public Health figures show that while ninety-seven percent of the children entering kindergarten had basic immunizations, only fifty-seven percent of those children tWo years of age outside Chicago and twenty-nine percent in Chicago had basic immunization - the immunizations recommended. This is not just a -- a matter for children Who are low-income. More and more middle-income parents are also experiencing the high cost of vaccinations. This is a very simple bill. It came out of the committee with no opposition. And I'n happy to answer any questions, but I hope that I can get support for this bill, as it is the only immunization bill that we have out here this year in the Senate.
Senator Watson.
Well, thank you, Mr. President. But -- on that previous action, I'm sitting here, and I saw Senator Karpiel have her light on, and I've been in the Senate ten years and I've not seen that activity take place where we haven't at least given a Menber the opportunity to verify a roll call. I think that that Was unfortunate, and really a disrespect for a Member.
Senator Watson, 1et me say this. did not see her light on. Somebody was standing in front of her. The Parlianentarian did 223 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 not see the light on. We had read the bill the first time, and quite franklye it Was too late. NoW if she -- if she would have screamed or somebody would have got up -- I just didn't see it, quite frankly, and won't do again. Now, any further questions? Senator Smith, to close. Excuse me. Senator Smith.
Thank you, Mr. President. I merely Want to concur with the sponsor of this Bill 7l2 and say that I support this bill, because we here in Illinois, the large portion of our children rely upon the public health system for immunizations. And I think itls a very good bill. It's going to help us out an awful lot in this State , and I recommend that al1 of our people, please give her a favorable vote. PRESIDENT PHILIP; Senator Palmer, to close.
I just ask for a favorable vote. Thank you.
The question is, shall Senate Bi11 712 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you all voted who wish? Have you a11 voted who wish? Take the record. On the question, there are 53 Ayes, no Nays, no voting Present. Senate Bill 712, having received the required constitutional majority, is declared passed. I might make this announcement: The Chair intends - know it's about suppertime intends to go to 7 or 7:30. The longer that we go tonight, the quicker we bll get out tomorrow.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Sieben, on 718? Out of the record. Senator Thomas Dunn, on 719. Read the bill, Madam -- Mr. Secretary.
Senate Bill 719. 224 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5# 1993 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.
Thank your Mr. President. This bill would provide for a fee of thirty dollars to be paid to the to the State's attorneys in this State for each proceeding in a circuit court to enforce an order of protection if there is a finding of abuse, a violation of the order, or the defendant is held in indirect criminal contempt. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Dunn, to close.
Thank you, Mr. President. This was on the Agreed Bill List. Urge your Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 7l9 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted Who Wish? Take the record. On that question, there are 53 Ayes, no Nays, none voting Present. Senate Bill 719, having received the constitutional majority, is declared passed. Senator Woodyard. Senator Klemm, on 7347 Read the bill, Mr. Secretary.
Senate Bill 734. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 225 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5: 1993 Senate Bill 734 amends the Boat Registration and Safety Act. It prohibits a person from operating a watercraft when there is any amount of an illegal drug in the person's blood. It does a feW other things. It replaces the word ''revoke'' With ''suspend'' throughout the operatinç of the -- under the influence of drugs. Also increases the period of suspension for refusal to submit for a chemical test, from one to two years. Currently the suspension period now for taking or failing a chemical test or refusing to submit to chemical tests are both one year. Removes the requirement that chemical tests be given within three hours. In other words: this is similar to what wedre doing now in the Motor Vehicle Law, and I think this just simply strengthens our Boating Registration and Safety Act. And I do ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Will yield.
Okay. According to our analysis, Senator, the -- al1 drug tests -- prior to -- to this bill, a1l drug tests Were to be administered within three hours after an arrest. That is now being deleted. There's no limikation that is now given. Can you answer me, how long do they have to administer the drug test after the arrest is made?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm .
Well, there would be no limit. It would be the same really under our Motor Vehicle Law', Which has no limit also. 226 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
You knowr don't know what effect it really has in the bill, and I -- and don 't want to belabor the point, but -- but it seems to me that we 're always told the time is the only thing that dissipates the alcohol. And if you don't have some limitation by which time you take this test, you could very well -- if you take five or six hours later: you 're going to be testing somebody who may have been drunk at the time, who now is sober.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm .
This -- this doesn't affect alcohol. This only affects the cannabis and drugs, such as that. And therefore, I would think that the drugs are still in the person's blood after three or four or five hours, would affect that person's ability to operate that watercraft, and therefore that's the reason wedve removed it.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Geo-Karls.
Mr. President and Ladies and Gentlemen of the Senater we 've had some very tragic accidents in the Chain O 'Lakes region because of people who were on drugs, slammed into other boats, killed peopley and I think this legislation is very necessary. And I certainly support it.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senator Klemm may close. Senator Klemm, do you Wish to close? If not...
Just a favorable vote. 227 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 734 pass. Those in favor will vote Aye. Those opposed wl1l vote Nay. The voting is open. Have all voted who wish? Have a1l voted Who Wish? Take the record. On that question, there are 54 votes Ayer none voting Nay, none voting Present. Senate Bill 734, having received the constitutional majority, is declared passed. Senator Watson, on 7357 Read the bill, Mr. Secretary.
Senate Bill 735. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Yes. Thank you, Mr. President. This legislation comes to us from Cook County State's Attorney Jack O'Malley. What it does ts it mandates the school districts to provide instruction in violence prevention and conflict resolution in grades four to twelve. We do we are mandatinq, but With that comes a provision that says that the Drug-Free Schools and Community Act funding that comes from the federal government Will provide the money to local school districts to implement this program . State Board of Education has indicated there's about twenty-three million dollars that's made available for this -- for this type of aetivity . Naturally, this bill won't ereate that kind of a cost, but there is that kind of money coming from the federal governnent in this program. The bill is amended, and maybe don't look ae the original bill, because the amendment is pretty much the bill, as -- as we have now. We do have a problem out there - there's no doubt about it a situation in which -- not only in the inner cities, but throughout Illinois. Itfs even in my area - a rural 228 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 area - Which you'd think wouldn't have a -- a violence problem with -- with violent crime. We we certainly have it. And it's a problem, and I think that this type of legislation certainly tries to address that. The Center for Conflict Resolution, Which is a Illinois not-for-profit corporation established by the Chicago Bar Association, wrote me concerning this legislation Jon Weiss, Who 's the executive director. They dre worklng now with Chicago schools in trying to implement programs in the schools to - - to help with conflict management. They 're very supportive of this legislation. They look at this as a means by which to open up some communication with students in the classroom and teachers and others to try to resolve the problems that We're having in not only inner cities, because this is, as I mentioned earlier, not necessarily an inner-city problem. 1'11 be glad to answer any questions, and I'd appreciate your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Donahue.
Thank you, Mr. President. Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'll yleld .
You indicated thatr you know, tbe committee amended -- committee amendment took care of what we would consider a mandate . So the federal funds aren't forthcoming, this is not a mandate on our local school districts. Is that...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
That's correct, Senator.
PRESIDING OEFICER: (SENATOR WEAVER) Senator Syverson. 229 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Is this this is still a nandate, but it's going to be an unfunded mandate. Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
It is contingent upon the federal -- or federal funds beinç made available through the Drug-Free Program Drug-Free School Program .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.
Second question on thls, I guess, is the -- the time factor. What's this program going to involve? I mean, I'm concerned that we're putting more and more mandates on the classroom and Wedre forgetting what wedre supposed to be teaching ln the classroom.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Welly I share that concern, Senator. In the fourteen years I've served the people of my area, I share that mandate concernr and I've been very active in trying to resolve that -- that kind of a problem, and that's why the funding is with it. But what we've also allowed is for each local school board shall have the freedom to determine an appropriate curriculum. So there is that local control and local activity that Will develop the curriculum . The State Board of Education Will provide materials which are readily available, and the the Cook County State's Attorney brought With hin, when he testified in committee, different currlculums that are being made available throughout the -- this State -- or this country, provided by Harvard University and others. So there -- there's materials out there, and I don't know 230 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 that this would be a -- a major cost factor. And there is that local control aspect cf it, of allowing the school districts at the local level to determine what activity Would be involved.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.
Are we talking about though are We talking about a semester program like they have in gym? Are we talking about an hour a week? What -- what kind of -- is this every year, or is this just a one time over the course of a person's tenure in school?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
It -- it would be from grades four through grades twelve. And again, each local district will be allowed to develop the curriculum , and in many cases, would probably be in the health class. That's where this is taught in -- in other school districts in other states. And the -- the mandate as to how many hours, or anything, is not in this at all. So it -- it's kind of an attitude that we 'll make the materials available to you; you do with it as you wish at the local level. If it 's a problem in your area and you think the materials would help and the guidance that we can give you from the State Board of Education, then -- then -- then go with If not, you do with it as you wish at the local level.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.
But if we're mandating it, we're not saying ''Do as you wishd'; we're sayinq you have to teach this program if the federal funds are going to be there. guess that's my first question. The second one is, once this program is up and running and the feds 23l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 cut the program out, what are we qoing to do at that point then? Do we just...
PRESIDING OFPICER: (SENATOR WEAVER) Senator Watson.
The mandate Would no longer be required , if the funds aren't available.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Demuzio.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. I think, you know, Senator Syverson is just absolutely right. Here's another unfunded mandate to school districts in Illinois. suspect the constitutional amendment would pass, would take a three-fifths vote today. Unfortunately, it's only goinq to take thirty. Why do we keep doing these kinds of things When we don 't have any money?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.
I think this is an interesting show of a difference of opinion. I stand in favor of the bill. Let me just -- let me read the language that's in the amendment that's -- that is now the bill. Quote. ''The State Board of Education and local school boards shall implement this Section pursuant to any grants of funds that are made avallable and received on or after July 1, 1993 from private sources or from the United States pursuant to the federal Drug-Free Schoo1s...Act...'' What that says to me is that we're saying, ''Schools, teach this program tf the money is available from private sources or the federal government. If not, you 've got to pass.'' But will tell you, Ladies and Gentlemen, the subject matter of this bill is very, very 232 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 important. We read these horror stories, and it's not in any particular school district. It happens throughout the State. Violence control, conflict resolution should be taught to our children. We are pinpointing non-state money. I think it ought to receive an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland .
Thank you very muchr Mr. President and Members of the Senate. I -- indeed there are many different interpretatlons of the language, and -- and, Senator Watson, I think there's enough confusion on the language in the final paragraph. I would agree wlth those who -- who Would suggest that that language is still a bit ambiguous. And -- and if you really want to pass the bill, would seem to me you might Want to take out of the record, change that language, make it very specific, and I think you'll get many more votes for the bill. I -- I -- frankly, I think it's ambiguous enough. It 's a matter of semantics, I think. But I think it's ambiguous enough that I can't support it in its present condition.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Well, that's certainly our intent. And if clears up the matter, weill be glad to take it out of the record and put that language in.
PRESIDING OFFICER: (SENATOR WEAVER) Take it out of the record. Senator Fawell, on 757? Read the bill, Mr. Secretary. END OF TAPE 233 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leqislative Day April l5, 1993 TAPE 6
Senate Bill 757. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Thank you very much . This is a bill that Was -- I Was asked to put in by the Illinois Commerce Commission. It has tWo components. It requires the electric utllities to request approval from the Illinois Commerce Commission before constructing lines of sixty kilowatt and above, and allows the ICC to set, by rule, a filing fee to accompany this filing, which will help defer the added cost borne to review the filings. And number two, allows the ICC to increase the copying costs of transcriptlon meetings and certain other documents requested by outside parties. The fee, by the way, is a quarter. The reason the bill was introduced was, durin: 1992 Commonwealth Edlson set forth plans to construct several transmission lines in Lake and Dupage County. Statute is very vague as to when an electric company must seek ICC approval before constructin: such transmission lines. Ultimately, Edison did flle certificates of convenience and necessary -- necessity with the ICC, but only after a great deal of encouragement from the Commission staff. Basically, what we're really talking about is when the electric companies want to put up these very high towers, which is what was happening in Dupage County, along -- in my instance lt was along the prairie path. They, at that time, did not have to file with the ICC and tell them that they were going to put eighty-foot towers. This bill 234 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 would require that fillng. It is a consumer bill. The people along the those towers are concerned about the EMF, which is the electromagnet fields. If you are concerned at a11 about your constituents, you will vote Aye for this bill. And 1'11 be glad to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senator, you say this is a good bill to vote Yes for, for the consumers, but the fact of the matter is, doesn't this f1y ln the least cost provision that normally we attempt to use for utilities? It appears that this flies in the face of that. It causes for higher utility costs, and in fact, as some of the people will say, that this could even cost jobs: and I don't think that's the intent of your legislation, but that appears to be some of the problems with the bill. Also, there appears to be a few opponents to this, which I'm sure most of you have seen, but a1l the way from the Chamber of Commerce to the IMA on your side, basically, and all the Way to the International Brotherhood of Electrical Workers. I ask for a No vote.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) She indicates she Will yield . SENATOR DeANGELIS: I observed the actions of the ICC recently. I'm quite concerned by some of the irrational behavior of that body. If this is a consumer bill, What happens if they say no to a line that's bringing electricity to consumers? 235 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Eawell.
What we are talking about ls where they put the towers, not necessarily do they put the towers someplace. Now the argument that they had during the -- the time when they were putting them in Dupage County Was, can they or should they put eighty-foot towers in the backyard of -- of homes, which is exactly where they are now going. There is a concern out there. They could have done that without even notifying the -- the homeowners - just come in and put the towers in. This at least allows the consumers to know that those towers are going to be ten or fifteen feet away from their back door.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: I have no problem with the consumer knowing, but this bill does far more than that. And frankly, Senator Fawell, the where will determine whether also. So, I mean, I don't think it's as simple as the where proposition. I think what you're doing here is creating a situation in which -- and you and I are a11 so familiar with a couple of community activists that are able to destroy an entire project that benefits a whole community, and particularly with the rather irrational behavior I've seen by their sonewhat irrational chairman recently. So I'm really concerned about çiving anybody that kind of authority that acts the way they behave right now.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) 236 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 She indicates she will yield.
How long do you think that the requests for these certificates for these power lines will take to get fron the ICC? Do you have any estimate of time?
PRESIDING OPFICER: (SENATOR WEAVER) Senator Fawell.
In the -- in the time that lt took -- from our experience, it took about three months. About ninety days.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue.
It took about ninety days to -- to have the ICC have your hearing? Well, what I'm asking is, how long will it take to get the certificates to do this. If -- I mean, it could delay -- right now you can ask to have a hearingy and as a Senator: I would think the ICC would listen. You know , do you still think it's going to take ninety days or longer to get a certificate?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
I don 't -- I don 't know when -- actually in -- in my instanceg they can do it tomorrow, very frankly. What this is is to allow a hearing before those certificates are issued. Thae's what we're talking about. When we had this hearing - Which was not mandated and was agreed to by -- by Comnonwea1th Edison - We had about two hundred and fifty people that showed up and voiced their objections. The lines are still going to go through, but at least the people had the right and the ability to come to the hearing, to express their concerns, and to at least be heard on the subject, and there's -- some accommodations have been made. 237 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5# 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue.
Okay. Well, I don't -- I'm not sure that We need to put it into 1aw that We can have a hearing, 'cause I think you can request that, and especially if there's a hullabaloo in your area and you want your constituents to have the opportunity . I think that exists today, without having to mandate that every time they do this, there's a hearing. But I have another question and that is, in our analysis it talks about establishing fees. Not necessarily I'm not concerned about the copies for the hearing or the transcripts, but what about the youire establishing a new fee for the certificates. Now, and it -- it doesn't give us what the amount of that fee is going to be . What Wl11 it be? Do you know?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
The -- the fee would be going through JCAR , which you and I happen to be on.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue.
This -- I'm sorry, sir, this is my last statement. -- don't have a know Where the Senator's coming from, and I think she has a valid concern. I don't think we need to put it into law, number oner for the first part, but I also feel that we, as a Body, need to establish the rates for those fees. We do serve on JCAR together, and I don 't -- uhile I have a great deal of faith in the committee, I think weg the General Body, ought to be establishing that fee. So I would speak against the bill. Thank you. 238 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
Well, Mr. President and Ladies and Gentlemen of the Senate, the reason for this bill is that the Statute is very vague. wonder if we can have some attention, Mr. President. Thls is a very serious issue. The Statute at the present time is very vague as to when an electric company must seek Illinois Commerce Commission approval before constructing high voltage lines. Now, we've had a lot of research done on this subject, and in my county we've had at least four hearings and over a thousand people have shown up. There's been a lot of research done that the electromagnetic fields over schools, for exanple - lines over schools - have affected children's health. Now, I'm inkerested in jobs, but I'm also interested in saving lives. There's been cases of cancer that have been showin: up, and there's been a lot of research done on And thtnk the only problem We have here is just make it into 1aw that before an electric company seeks ICC approval -- or rather, before it establishes any transmission lines of high voltage, they must get ICC approval. How else are we going to protect the people? The Illinois Commerce Commission ls the one that's supposed to regulate public utilities, and When you just say that's not important, I fail to see that reasoning. I think we have a duty to try and protect the people of Illinois, whether it's Edison or whether any other public utility's concerned. Let them do the right thing . Let them have a law that they know they have to proceed properly. And at the present timer the -- the law that's in is so vague. Al1 we're saying is, if you 're qoing to install high voltage lines, you should get ICC approval, and I speak in...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler. 239 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Thank you, Mr. President. Just to clarify something. Senator Fawell, your comments seem to say that this is a bill that will require hearings. It's more than that. As I read itr -- is -- it requires ICC approval. So What We're doing is expanding ICC powers, are we not?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Let me give you an example of What happened in my instance: and very frankly, we are taking -- we have taken care of our problem and -- you know, if this goes down, be my guest, but let me warn you, there wl11 be no more hearings unless this bill is passed: because Commonwea1th Edison, indeed, found out that they had to do certain things they didn't want to do. One of the -- one of the power lines was going to go right in front of Glenbard -- not Glenbard, Wheaton South -- Wheaton-Warrenville South. It was going to be across the street. What the people requested and finally got, only because of the hearings, was that that particular tower be moved approximately five hundred feet away from the school. There were a lot of parents that were very concerned about the fact that their children would be in the playground and these lines would be very close to them. Without the hearing, the tower would have qone up exactly Where the electric company wanted it to. With the hearing: they got it moved . My problem is solved. If you don't believe you will run into these problems in the future, then vote No. I will warn you though, I have discovered, you will. When those towers come, you will have nothing to say about it; your schools will have nothing to say about your constituents will have nothing to say about And if you don't thlnk your phone's golng to be ringing off the -- off the hook, telling you to do something, talk to people 240 STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 like myself, like -- like Senator Geo-Karis Who have run into this, and youdre going to find youdre going to be in deep trouble. A11 I ask is an Aye vote, and I think the discussion has gone long enough.
PRESIDING OFFICER: (SENATOR WEAVER) Question is, shall Senate Bill 757 pass. Those in favor Will vote Aye. Those opposed will vote Nay . The voting is open. Have a11 voted who wish? Have all voted who wish? Have al1 voted Who wish? Take the record. On that question, the Ayes are 17, the Nays are 36: 1 voting Present. Senate Bill 757, having failed to received the constitutional majority, is declared lost. Senator Shaw , on 775? Read the bill, Mr. Secretary.
Senate Bill 775. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OEFICER: (SENATOR WEAVER) Senator Shaw.
Thank you, Mr. President. This amends the Parenting Act, and extends the Statute of Limitations for action brought by parties alleging to be the natural parent. It increases the Statute of Limitation for filing a claim by parties alleging to be the child's natural parents, for two years after birth of the child, and two years after the child reaches the age of majority. And this is a b111 that was given to me by the Chicago Bar Association.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 775 pass. A11 those in favor will vote Aye. A1l those opposed will vote Nay. The voting is open. Have all voted who wish? Have a1l voted who kish? Have al1 voted who wish? Take 24l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 the record. On that question, the Yeas are 42, the Nays are 7, 5 voting Present. Senate Bill 775, having recetved the constitutional majority, is declared passed. Senator Donahue, do you wish to -- thls bill returned to 2nd Reading for the purpose of amendment? Senator Donahue seeks leave of the Body to return Senate Bi11 776 to the Order of 2nd Reading for the purpose of an amendment. Is there any objections? Hearing no objectionsr leave is granted. On the Order of 2nd Reading, Senate Bi1l 776. Are there anendments? Mr...
Committee on Public Hea1th recommends Floor Amendment No. offered by Senator Donahue, Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue, to explain the amendment.
Thank youy Mr. President, Ladies and Gentlemen of the Senate. This anendment allows not-for-profits and -- not-for-profit hospitals and hospitals owned by local governments to be given a written notice of any pending settlement for services that they've performed that they 've attached a lien to, and I would move for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? A11 in favor, signify by saying Aye. Opposed, Nay. The Ayes have The amendment is adopted. Are there further amendments?
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Mccracken, on 778? Read the bill, Mr. Secretary.
Senate Bill 778. 242 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15# 1993 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.
Thank you, Mr. Speaker or, Mr. President. I'm sorry.
PRESIDING OFPICER: (SENATOR WEAVER) Yes, Mr. Representative.
Bad habits die hard. Senate Bill 778 would change the laW regarding voluntary dismissals. Currently the courts are construing - although there is some confusion - they're construing voluntary dismissals to be a matter of right, even When otherwise dispositive motions are on file, and maybe even ready for hearing. This bill would not require the court to consider the voluntary dismissal before an otherwise dispositive motion, and so would change the law. This ls being requested by the Bar Association. I believe both sides of the issue, plaintiffs and lawyers or plaintiffs and defendants, are at least neutral on that. So it's probably a good bill, because no one likes it.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discusston? Senator Cullerton.
Yes. Mr. President, is tt too late to ask for a verification on Senator Farley's bill?
PRESIDING OFFICER: (SENATOR WEAVER) Never too late. You want to reconsider the vote by which it was adopted?
No, no. No, no. No, I'm in favor of this bill, too.
PRESIDING OFFICER: (SENATOR WEAVER) Do you have a question of Senator Mccracken 's bill? 243 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll 1993
No. I'm in favor of Senator Mccracken's bill. I think...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson, do...
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will, Senator Hawkinson.
Senator, my recollection in committee is that although this allows third-party claims to remain, that if they -- if the third-party claim is one for contribution, or indemnity, and is dependent inteqrally on the -- the underlying complaint: which has been dismissed: that they will also autonatically fall away. Is that true?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.
Yes. That is correct.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any further discussion? If not, the question is, shall the Senate adopt Senate Bill 778. Those in favor will vote Aye. Those opposed Will vote Nay. The votinç is open. Have a11 voted who wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 51, the Nays are none, 2 voting Present. Senate Bill 778, having received the constitutional majority, is declared passed. Senator Petkay on read the bill, Mr. Secretary.
Senate Bill 780. (Secretary reads title of bill) 244 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka .
Thank you very much, Mr. President and Members of the Senate. Senate Bill 780 amends the Criminal Code, and -- to include telecommunications services within the concept of property in Section 15 of Chapter 38. With telecommunications being defined as property, we also amend the Telephone Line Interference Act, and provide that under khe terms of the Telephone Line Interference Act, that any person who is guilkg of a second conviction -- or has a second conviction for the offense, a violation of that Act: is guilty of a Class 4 felony, or if the offense involves damage or destruction of telecommunications property in excess of three hundred dollars, and -- or if the offense was committed for remuneration. The bill was reported out of the Judiciary Committee on the Agreed Bill List, and I believe I Would move for its adoption at this time.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.
Yes. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he will.
Senator, the the Section that deals with the Telephone Line Interference Act, Where you 're enhancing the penalties, do you intend for that to apply to the Section that you are amending with the word: ''telecommunlcation servicesn? In other words, do you intend for this enhancement to apply to destruction of all propertyr or is it your intent for this -- this enhancement to apply just to -- for the destruction of telecommunicatlon 245 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 services?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.
The enhancement will -- Will apply to all definitions found under the Telecommunication Line Interference Act ln Section 1.
PRESIDING OFEICER: (SENATOR WEAVER) Is there further discussion? If not, the question is: shall Senate Bill 780 pass. Those in favor Will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted Who Wish? Have all voted who Wish? Take the record, Mr. Secretary . On that questionr the Ayes are 55, the Nays are none, none voting Present. Senate Bill 780, having received the constitutional majority, is declared passed. Senator Stern? Read the bill, Mr. Secretary.
Senate Bill 786. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Stern.
Mr. President and Ladies and Gentlemen of the Senate, this is a bill suggested by the Illinois State 's Attorney Assistants, and is designed to crack down on those Who frequent prostitutes without having to prove that that person is a prostitute, and thereby allows such persons to be prosecuted for soliciting an undercover cop or anyone else who might appear to them to be a prostitute. Currently solicitation for a prostitute only covers pimps and not clients. This bill Would set that right. It was an agreed bill in the Judiciary Committee, and I ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) 246 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Is there discussion? lf not, the question is, will Senate Bill 786 pass. Those in favor will vote Aye. Those opposed will vote Nay. Tbe voting is open. Have a11 voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that questionr the Ayes are 52y the Nays are none, none voting Present. Senate Bill 786 is declared passed. 788. Senator Molaro. Read the bill, Madam Secretary.
Senate Bill 788. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Molaro.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill amends the Notary Publlc Act, and what it intends to do is clarify and define. Currently, the notary public -- there are certain ways that you can notarize someone's signature. Obviously, personal knowledge. One of the ways that calls for is -- currently says that ''A notary public has satisfactory evidence that a person is the person whose true signature is on a document if that person'' -- and part three says, ''is identified on the basis of identiflcation documents.'' Well, the problem is if youbve ever gone to real estate closing , now they have what they call agency closings. Al1 -- a lot of closings are taking place at the title company. So a lawyer may not be a notary, or the buyers may not have a lawyer and they have to sign documents at a closing. So when the notary, who happens to be the closing officer, asks for identification, the current 1aw says, ''identification documentsn. No one knows what that means. So now what this bill purports -- the new bill says thaty ''is identified on the basis of a valid Illinois drivers license or another form 247 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5y 1993 of identification which has a photograph of the persono'' So instead of using -- al1 notaries throughout, they have no idea if a gas bill is sufficient or what is an identification document. This makes clear. Either have a driver's license or have something with your picture on So if you're goinq to ask someone to notarize your signature, there should be some proper identification with your picture on it. So this -- so this makes it easier and defines what identificatton documents are . Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Carroll.
Senator -- Thank you, Mr. President. Senator Cullerton asked me to ask if your second bill is supposed to be as meaningless as your first.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, -- Senator Stern.
just wanted to ask the sponsor if he had thought of doing away with notaries altogether: which I think is a much wiser course of action.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Stern. Senator Molaro. Is there any further discussion? If not, the question is, shall Senate Bill 788 pass. Those in favor w1l1 vote Aye. Those opposed will vote No. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Take the record . On that question, the Ayes are 54, the Nays are none, voting Present. Senate Bill 788, having received the constitutional majority, is declared passed. 792, Senator DeAngelis? Out of the record. 795, Senator Donahue? Read the bill.
248 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll l5, 1993 Senaee Bill 795. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue.
Thank you -- very much, Mr. President, Ladies and Gentlemen of the Senate. This bill does exactly what it says in the Calendar. It creates a long <sicl Distance Learning Eoundation. The Lieutenant Governor will create and appoint the board of directors. The Lieutenant Governor Will be serving as chairman of the Foundation, and the Director of the Rural Affairs Council will serve as the initial Director of the Foundation. It allows us to raise money from the private sector, and establishes foundation that can be given out to the rural schools in Illinois, and I think it's a very good piece of legislation, and would ask for your support. Would be happy to answer any questions.
PRESIDING OEFICER: (SENATOR WEAVER) Is there any discussion? If not, the question is, shall Senate Bill 795 pass. Those in favor will -- will signify by voting Aye. And opposed, Nay. Voting is open. Have all voted who wish? Have a11 voted who wish? Take the record . On that question, there are 54 Ayes, no Naysy none vottng Present. Senate Bill 795, having -- received the constitutional majority, is declared passed . Senate Bill 797. Read the bill, Madam Secretary.
Senate Bill 797. (Seeretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip. 249 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. Senate Bill 797 Was a request from a constituent in Cook County who wrote me a letter complaining about some twenty judges Who did not get reelected for retention, or get electedz period, and that the Cook County judges, of course, appointed those twenty-some judges to other positions. He thought it was a very bad idea. He contacted me, he wrote me. I mean, after allg they were defeated, yet we seem to go around the system and we appoint them anyway. What this does is prevent the Illinois Supreme Court from appointing anybody for a two-year period that has been defeated, either for retention or election. This is my one do-gooder bill of the year. 1'11 be happy to answer any questions, and -- and ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. With a11 due respect to the President, I -- really think that I have to rise in opposltion to this. I could see if someone had been not retained, perhaps that might be appropriate, but someone who just runs in an election and they lose, they could be a very good judge, and I don't think that we should tell the Supreme Court they can't appoint them. You know, there was a judge named Charles Norgle, who Was out in Dupage County, that Was appointed to the Federal District Court in 1984. He had run in a Republican primary for the Office of Clrcuit Judge back in 1978 and was defeated. He was later on appointed as an associate judge, 'cause there was a vacancy, and he went on to -- you know -- as you know, go on to become a federal judge. He even ruled on the reapportionment case, as recall. So -- I think this goes a little bit too far. Maybe if Was amended so that cover 250 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 people who were actually not retained they'd been on the -- the ballot for retention and the people, for whatever reason, decided to knock them out. But it seems to me that just because a judge vas -- lost an electionr the Supreme Court should have the discretion to appoint those who they think are talented enough to be -- to serve. So with a1l due respect to the President, I would oppose the bill for that reason.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate , I voted for this bill in committee so that it could have a complete hearing on the Floor. myself, feel very much like Senator Cullerton, with Whom I very rarely agree. -- I must say that in my county would create a hardship, because if there is a good person - let's take San Mara:os, who was a very good judge; he had lost - why shouldn't he be reappointed -- appointed, since he was a good judge? But I -- I think this bill is a hardship on my county, and therefore, I am constralned to vote against it, much as I love my President.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discusslon? If not, Senator Philip may close.
Thank you, Mr. President. I -- I get a kick out of Senator Cullertone who says if you get defeated for retention we should keep yau off, but if you get defeated in a regular election we ought to put you back on. I mean, you were defeated - period. If you dre such a good candidate, so well-qualified, the people should be able to figure that out. don't see any difference. I think itfs a good idea, if these guys -- let them go out and make an honest living for a change. That would be my attitude. Find out 25l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 what the real world is. We keep reappointing these hacks a1l the time. Let's get rid of them forever. I would -- I would just like to see a lot of green lights up there. Thank you .
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 797 pass. Those in favor wll1 vote Aye. Those opposed Wll1 vote Nay. The voting 's open. Have a11 voted who wish? Have a1l voted Who wish? One last call. Have a1l voted who Wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 29, the Nays are 25, l voting Present. Senate Bill 797: having failed to receive the constitutional majority, is declared lost. Senator Philip.
Yeah. Point of personal privilege, Mr. President. Just to say -- did I lose my voice? No, I didn't. You know, it's terrible - the influence that the judiciary has on the lawyers in the General Assembly, and that was a perfect example of it. You bunch of wimps.
PRESIDING OFFICER: (SENATOR WEAVER) 798, Senator Philip? Read the bill. Read the bill, Madam Secretary.
Senate Bi11...
PRESIDING OFFICER: (SENATOR WEAVER) 798.
Senate Bill 798. (Secretary reads title of bil1) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip.
Thank you, Mr. President, Ladies and Gentlemen of the Senate . 252 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 Hopefully that Senator Cullerton will look a little more favorably on this idea, but I'd be surprised. This changes the primary to the third Tuesday in May . Now, I'm a Republican County Chalrman, probably been a Republican County Chairman longer than anybody in this Bodyz and I have been a precinct committeeman for a long time, and I want to tell you there 's only -- very simply why I want to change the primary: better weather, and schools are in. Makes it easier for me to knock on doors and talk to people. Now we had, believe it or not, the primary in April, and -- from 1922 to 1964. And in my judgment, We made a mistake. Would be my attitude, quite frankly, in regard that we're thinking about the next -- next year -- next Session, that if the May 28th deadline works - and I'm convinced more and more every day itfs going to Work - that next year we adjourn on April 30th. So you would be home for your primary in May - everybody running for reelection, including myself. So it makes a lot of sense to me. I know I get some heat from the farmers once in a while. If you Would look at the rural counties Who complain about this, their primary voting is lousy. They have some of the lowest percentage of people voting in the primary - I hate to say it - in those rural areas. But I think it -- it's good. Its time has come, and I'd be happy to answer any questions. I'm just trying to make it easy for those people who knock on doors and ask people to vote and ask them to get out and vote. And remember, the schools are still in. So if you're a suburban area where people take vacations in the summer and the spring, school is still on, so everybody's home. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate . agree With you, Senator. think it's about time, and I'm in 253 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 favor of that bill -- this bill, but I Want you to know one thing: My Senator -- my seatmate is not a wimp, and he's an attorney, and he voted with you on that bill. So I Want you to give him an apology.
PRESIDING OFFICER: (SENATOR WEAVER) Thank you. Senator Stern.
Mr. President and Members of the Senater as surprising as this alliance may seem, I rise in support of this legislation. think I may be the only former county clerk in this Body, and I very strongly approve of making the primary closer to the general election. And I think this is excellent legislation, and should be supported.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.
Thank you. I'm not going to ask a question, but, Senator Philip, if you would listen to my commentr maybe you could address it in closing. I at this time, rise in opposition to this, and let me tell you why. In my district, there are a large, large number of apartment dwellers. May lst is a very big moving day. And as see this the third Tuesday of May - I raise the questionr everyone who moves on May 1 may be disenfranchised, because they didn't live at their new address on -- thirty days or twenty-eight days before the election. If you can adequately answer that, 1111 reconsider; but this is a very serious concern to those of us who represent apartment communities.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland.
Well, thank you very much, Mr. President, Members of the Senate. I just want Senator Philip to know that the Republican 254 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 farmers support this bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille. SENATOR LaPAILLE: Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he will. SENATOR LaPAILLE : President Philip, with regard to Presidential years, what Would occur With both the Republican Party delegate selection, as Well as the Denocratic selection, in that process? Would Illinois be taken out of that, or would we still have a March primary?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip.
Yeah. It Would continue to be the -- a May primary. There would be no change. We would be just doing it in May, instead of When we do now .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille. SENATOR LaPAILLE: So, in essence, Illinois would be taken out of what is called one of the pivotal weeks for both the Republlcan Presidential nominating process, as well as the Democratic process. We can look to past elections when Ronald Reagan carried Illinois, and went on to win the nomination. George Bush in 1988 won the nomination by carrying Illinois, as well as in '92, and President Clinton in 1992 carried Illinois and went on to lock it up. By having a May primary for the Presidential selection process: We're basically taking Illinois - a very important state to both parties in the Presidential sweepstakes - out of the process. Number two, would also submit that for those that have been into tough 255 STATE OF ILLINOIS 88TH GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislatlve Day April 1993 campaigns, even if you get out on May ly thirty days may not be enough to defeat your opponent. So I would stand in opposition to this bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Thank you. As long as you understand my following remarks are prefaced by the fact that I became a committeeman when I was six. I've been a committeeman thirty-seven years. We used to have May primaries. We voted for the President and the Presidentfs delegatlon in those days. There was no problem . What does stop is, it stops us from having to go out in -- just before Chrlstmas, getting our petitions signed . It prevents us, as conmitteemen, to having go out in the -- in the snow and the rain trying to get everybody to sign those darn petitions for everybody else, and frankly, nakes a 1ot more sense to have these primaries in the spring . also Wi1l shorten that time between the primary and the general. Frankly, sort Works to our convenience as incumbents, and not only that, but we don't have to listen to al1 this rhetoric for the rest of our lives. I think this is a good ldea . We all ought to vote for it.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not: Senator Philip may close.
I would just, in closing: make a few comments. Indiana and Ohio had a May primary in 1990, so if you consider that -- if We would be -- Illinois would be kind of a block. Althouçh that doesn't bother me, quite frankly, one way or another. Senator Berman, says the third Tuesday in May, so that's three weeks away from May I didn't know May 1 was a moving day: quite frankly. But if I remember correctly, and -- and I think I do, I 256 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 think when you move that you have thirty days you can still vote at your old precinct. If I remember correctly. So I've answered al1 those questions. I happen to think it's a gigantic step in the right directlon, and ask for some favorable votes. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 798 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have al1 voted Who wish? Have al1 voted Who wish? Have all voted who wish? Take the record. On that question, the Ayes are 38# the Nays are l6, voting Present. Senate Bill 798, having received the constitutional majority, is declared passed. Senate Bill 799, Senator Jacobs? Read the bill, Madam Secretary.
Senate Bill 799. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amends the Probate Act regarding unclaimed money, and it allows it to be deposited with the county treasurer, as it is now, but the -- the money will earn interest at the average rate paid on a three-month U.S. Treasury Bill issued during the time the noney was on deposit. What this does, saves the county from having to pay exorbitant lnterest that can be established While preserving the value of the initial deposit, and allows a vehicle whereby it maintains its value by -- by keeping up with the -- any inflation that may be because the -- the rate -- the T-Bil1 does fluctuate. know of no known opposition, and ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) 257 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5# 1993 Is there discussion? If not, the question is, shall Senate Bi11 799 pass. Those in favor will vote Aye. Those opposed Will vote Nay. Voting ls open. Have all voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 799, having received ehe constitutlonal majority, is declared passed. 810, Senator Jacobs? Read the bill, Madam Secretary.
Senate Bill 810. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
Thank you, Mr. President, Ladles and Gentlemen of the Senate. Last year this Body passed a -- a Intergovernmental -- I mean a -- passed a -- a Missing Child Recovery Act, and Habitual Child Sex Offender Regtstration Act, Which was a good bill: and what this does, it allows us to -- to dispense that information across State lines and to receive it across State lines. I know of no -- no known opposition to this legislation, and ask for its support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question shall Senate Bill 8l0 pass. Those in favor will vote Aye. Those opposed will vote No. Votinq is open. Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 55, the Nays are none, none voting Present. Senate Bill 810, having received the constitutional majority, is declared passed. Senate Bill 813, Senator Hawkinson. Read the bill, Madam Secretary .
Senate Bill 813. 258 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 (Secretary reads title of bill) 3rd Reading of the b111.
PRESIDING OFFICER: (SENATOR WEAVER) Senator HaWkinson.
Thank you, Mr. President. Despite the long and careful Work a couple of years ago when the Illinois Mortgage Foreclosure LaW was rewritten, an attorney in my district wrote this spring, and we conferred With the people who rewrote the Illinois Mortgage Foreclosure Law, and determined that there is a technical inconsistency that exists between the Forcible Entry and Detalner Section in the Illinois Mortgage Foreclosure Lak. This bill harmonizes the differences to meet the intent of the Mortgage Foreclosure Law y and provides that a buyer who has entered into an installment contract for real estate on or after July 1987: that -- and where the amount unpaid at the time of *he foreclosure complaint is less than eighty percent of the original purchase price, shall be foreclosed under the Illinois Mortgage Foreclosure Law. I would ask for your favorable support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discusslon? If not, the question is, shall Senate Bill 813 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. 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. Senate Bill 813, having recelved the constitutional majority, is declared passed. 825, Senator Ralph Dunn? Read the bill, Madam Secretary.
Senate Bill 825. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) 259 STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senator Dunn.
Thank you, Mr. President. This is a bill to amend the Vehicle Code, and requires that the use of a vehicle 's headlights in raing snow, fog, or other atmospheric conditions require use of the windshield Wtpers. This bill is cosponsored by Senator DeLeor and several states are doing this now. The State Police support the bill, and asked that it be introduced. And be glad to answer any questions, and urge an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Jacobs.
ïeah. Thank you, Mr. President, Ladies and Gentlemen of the Senate. We voted in committee to get this bill out, because I think it needs to have some discussion on -- on the Floor. What we're trying to do here makes a 1ot of sense, and we've had a lot of requests from a 1ot of people that this be done . It's nice to do these things voluntarily, but I think to -- to come around and try to mandate the people -- it's so easy Whenever you turn on your windshield wlpers to forget to turn on your lights, and I know it's going to take a while before it becomes habit-forming, but I'm here to tell you that I think during the period of time that it takes to adjust, we're all going to get more phone calls than we know what to do with, because people have been arrested because they 're driving in the daylight with the windshield wipers on and without their lights on, and I think that that's something we have to take into consideration. I understand the safety factor, Senator -- Senator Dunn, and -- and I think from that standpoint it 's -- it's a good bill, but from the other standpoint -- it's just hard to -- to always remember to do everything. You know, when you get in a car now , pretty soon you dre going to have to blow into a little tube, then you're going to have to put your 260 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 seat belt on, and then you 're goinq to have to -- if àt's raining you put your wipers on, your lights on, and then maybe there you per se in gear, you know, but other than that, I don't know What we'd do. So I -- I don't know -- think the intent behind this bill is good, but I think we should vote No.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw.
Will the sponsor yield? Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he Will, Senator Shaw .
What is the -- what -- what is the penalty on this -- on this bill? Is there any penalty?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.
I'd like for him to repeat his question. He 's -- he's inaudible.
PRESIDING OFFICER: (SENATOR WEAVER) He 's asked what the penalty is, Senator Dunn.
don't know what the penalty is. I didn't have a penalty in the bill. It's just the law; you have to do It's What? Seventy-five dollars, I'm told by counsel.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw .
It's seventy-five dollars for driving in the rainy weather without having your headlights on. Is that...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn. 261 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
Yeah. If you -- if it's raining . If you turn your Wipers on just for -- wash your windshieldr you don't have to turn this on.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw.
On our way -- on our way down here, Senator, coming down from Chicago, sometime we run through about six or seven rainy spots, and what should we do in those cases? Would the police be able to - - sometime lt's less than a mile, sometine it's about a quarter of a mile, you run -- do We have to turn out headlights on at that point?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.
This is not my first bill: Representative Shaw -- Senator Shaw . And 1111 tell you, you better take Amtrak you don 't know When to turn your headlights on. It'd be better -- When you come down.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw .
That's a -- that's a very good idea that We should take -- that's a very good idea that we should take Amtrak, and certainly to the bill: think the sponsor -- the sponsor is -- is well-meaning in terms of this legislation, but I just happen to think that this legislation is before its time, and certainly I think it should be defeated .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns.
Thank you, Mr. President. rise in strong support of this 262 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 bill. If there's a problem with it, I think the only problem is: is that doesn't require us to have the lights on a1l of the time. I wish I could remember which small country is in Europe that just released a study about five weeks ago, which -- indicated that after this law was in effect, their accident rate dropped dramatically. I think this is a step forward, and I hope We give it a try.
PRESIDING OFEICER: (SENATOR WEAVER) Is there further discussion? Senator Dunn, to close.
Thank you, Mr. President. I appreciate your concern about the bill, and appreciate Senator Severns -- ltls the country of Denmark that they require headlights on all the time, as I understand'. Their accident rate has been down. This will help reduce accidents. I certainly urge an Aye vote: and appreciate your support.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 825 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who Wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 38 Ayes, 14 Nays, none voting Present. Senate Bill 825, having received the constitutional majority, is declared passed. 828. Senator Philip? Read the bill, Madam Secretary.
Senate Bill 828. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip.
Thank you: Mr. President, Ladies and Gentlemen of the Senate. 263 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senate Bill 828 creates a Residential Real Property Disclosure Act; requires sellers of residential real property to complete a document discloslng defects and other conditions. If they falsify the document, it also provides for payment of damages and attorney fees. This is one of my less -- least controversial bills, quite frankly. It's -- it's endorsed by the Illinois Board of Realtors, the Dupage Board of Realtors -- I understand the Department of Professional Regulations. I know of no objection. 1.11 be happy to answer any question.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Yes. I rise in support. I'm a hyphenated cosponsor with Senator philipe and I especially like the part about the attorney's fees.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Molaro . Senator Molaro.
Hello? Oh, thank you. What I -- case law already exists that, you know, sellers do have to disclose latent defects; but since you a11 voted for my bill which purported to do nothing, will vote for this bill, which I would submit also does nothing.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any further discussion? Senator Welch.
had a question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will yield.
Senator Philip, on the disclosure, does the owner of the property have to do any research back to their seller -- their previous owner to determine if any of the questions should be 264 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 answered Yes - that there kere defects, that there was a termite inspection, that there was something wrong at one point? Is there any requirement on the current owners when they're selling the property to do any investigation of any of the questions on this form?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip.
The answer is No. It's only khat the -- the owner knows of personally. I -- you know 1et me say this: I believe they do this in California, some of the other states. It has come from the people who are in the real estate business. They think this is a good disclosure. You know , uhen you buy a house and somebody knows there's a broken something, or it floods, you know, the purchaser ought to have the right to know, quite frankly.
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? If not, the question is, shall Senate Bill 828 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open . Have all voted Who wish? Have a1l voted Who wish? Take the record . On this question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 828, having received the constitutional majority, is declared passed. 830, Madam Secretary.
Senate Bill 830. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.
Thank you, Mr. President. Senate Bill 830, as amended, contains two major components to the bill, and 1'11 try to be as 265 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 brief as possible. The first component of the bill requires the Dlrector of Insurance to establish procedures for developing a uniform claim form for all accident and health coverage insurers. During the development of this claim form -- uniform claim form, al1 partles that were -- would be interested - hospitals, doctors, insurers, and anybody else that might be tnterested in the information contained on a uniform claim form - will be consulted and invited to the table as far as discussion in developing that particular uniform claim form that Would be used by a1l health and accident insurers in Illinois. The second component of Senate B1ll 830, as amended, creates *he Small Employer Raeing, Renewability and Portability Health Insurance Act. And What that does for small businesses of three to twenty-five employees: establishes portability when an employee wants to move from one small business to another, that there will be no problem with preexisting conditions on that -- or any preexisting condition that that employee may need as long as he meets the employee rules. It also provides for rate-banding, that is being utilized in several states, that will establish a -- a ceiling and a floor, as far as the annual rate increases that the health insurer may be able to pass on to the small employer. It provides that these plans are a11 subject to automatic renewal, except for cases of nonpayment, fraudr noncompliance of the Act, or misuse of a provider network. Establishes that in the event that the carrier chooses not to renew, that the carrier must provide advance notice to the Director of the Department of Insurance and to those employees that would be covered, at least a hundred and eighty days prior to the date of renewal. think that pretty much highlights this bill. I think that it is a worthwhile proposal that addresses the problens of portability, and affordability, and the subject matter that has been much discussed, insofar as uniform claim forms. I'd be happy to answer any questions, and 266 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 absent any questions, would ask for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Carroll.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in support of this legislation, as one of its jolnt sponsors. I think we have learned through the issue of the cost of health care that from depending on which survey you belleve anywhere from seven percent to twelve percent of the cost of health care in this nation is based on the cost of filling out al1 these multiple forms. And when those of us Who have studied this, and have been to the various hearings and forums on the issue, and found that there were as many as forty-seven different forms that a hospital had to keep in its computers, and probably another hundred forms on its shelf, in order to meet each individual insurerfs demand for the format in which they wanted the information, they lve identified these exorbitant costs that are truly passed on to those who have insurance and then to the State in form of like public aid payments. This is exactly the right uay to go to help curtail the escalating costs of health care: and I would strongly urge its passage.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
had a question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will yield..
Senator, do you have a figure as to how much money would be saved by having a universal form for health...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan. 267 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993
No, Senator, I don dtr other than to tell you I'm reasonably comfortable in saying that it Would be a substantial savings. But as far as an exact figure, no, I cannot provide that.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
Well, my House Menber's been going around the district saylng would save eight percent of the health insurance cost, and I don't know where he came up with it, so I was wondering if you had any figures.
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? Senator Madigan, to close.
I would just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall House Ksic> Bill 830 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, no -- none voting Present. Senate Bill 830, having received the constieutional requirements, is declared passed. 841? Read the bill: Madam Secretary.
Senate Bill 841. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OEFICER: (SENATOR WEAVER) Senator Woodyard .
Thank you, Mr. President and Members of the Senate. This bill was proposed by the bass tournament fishermen in the State, and to 268 STATE 0E ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 ny knowledge, itls the only real fishy bill that -- of the Session. And here 's the way it works: it deals with calling of fish: particularly in tournaments. If you catch a little fishy and you put it in -- in the live well, and then later on in the tournament you catch a bigger fishy, why you can take the little fishy out, put back the water, and keep the big fishy. That's what thls bill allows. It was amended to also say that you had -- had to have an adequate size live-box: and so I presume you catch a five-foot bassy you 've got to have a five-foot live-box. That's What this bill does.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? not, the question is: shall House <sic> Bill 84l pass. Those in favor will vote Aye. Those opposed will vote No. The voting is open. Have a11 voted Who wish? Have all voted Who wish? Take the record. On that question, there are 52 Ayes, no Nays, 2 voting Present. Senate Bill 841, having received the constitutional majority, is declared passed. 842. Senator Dunn. Read the b1l1, Madam Secretary.
Senate Bill 842. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Ralph Dunn.
Thank you, Mr. President and Members of the Senate. This bill was suggested to us by a statewide adoption agency who work with Department of Children and Family Services and With some other asencies to try to get it in good shaper and We think it is now . It does a couple of things. The main part of the bill -- the criminal backqround check required in adoptions shall not be more than two years old; neither a clerk of the circuit court, nor a 269 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 judge may require that a criminal background check or finqerprint review be filed with, or at the time same tlme as, an initial petition for adoption. It speeds up the matter of people getting adoptions through, and -- as far as know, it's agreed by all the people in adoption agencies and by the Department of Children and Family Services. In addition, there were two other bills added to this in the committee. And they were Senator Grace Mary Sternls, and they -- one of them - 784 - amends the Adoptive Compensation Prohibition Act. Requires that petitioners who are adoptive parents to file a final accounting of al1 the payments for reasonable living expenses in the -- for the biological parents. And lt also makes a few other changes, and -- and another bill called -- requlres that every person or entity involved in adoption of a child to execute an affidavit setting forth the fees, hospital and medical costs, legal fees. 1.11 be glad to answer any questions. I'm sure that Senator Stern would be glad to answer any questions about those parts of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question isg shall House <sic> Bill 842 pass. Those in favor will vote Aye. Those opposed will vote No. The voting is open. Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, no Nays, none voting Present. Senate Bill 842, having received the constitutional majority, is declared passed. Senator Topinka, do you Wish this bill returned to 2nd Reading for the purpose of an amendment? Senator Topinka seeks leave of the Body to return Senate Bill 846 to the Order of 2nd Reading for the purpose of an amendment. Are there objections? Hearing no objectionsr so ordered. Leave is granted. On 2nd Reading, Senate Bill 846. Madam Secretary, are there amendments?
Floor Amendment No. 1, offered by Senator Topinka. 270 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka, to explain the amendment.
Yes. Mr. President: Ladies and Gentlemen of the Senate, what the amendment does, it Would only mandate tuberculosis tests for children residing in areas certified by the Department of Public Health as having a high incidence of tuberculosis, and that Would include Cooke Dupage' Kanee Lake, Will and St. Clair Counties, and it would remove the dental exam mandate, and simply encourage parents to have their children undergo dental exams at the same time as they -- the school physical examinations that are currently required.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, a1l in favor of the amendment, signify by saying Aye. Opposed: Nay. Amendment is adopted . Are there further amendments?
No further amendnents.
PRESIDING OEFICER: (SENATOR WEAVER) 3rd Reading. Senator Jacobs, on -- read the bill, Madam Secretary.
Senate Bill 847. (Secretary reads title of bill) 3rd Readinq of ehe bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The bill does pretty much what the headline says. It allows -- prohibitse I should say, the expungement of arrest records and circuit clerk records of persons placed on supervision for, or 27l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll 1993 convicted of, sexual offenses, which are misdemeanors committed aqainst persons under age elghteen. Currently felonies may not be expunged. So that's why we didn't include them, but everything starts out small and seems to grow. So we would llke to have these on the record forevery so ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 847 pass. Those in favor will vote Aye. Those opposed wtll vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Take the record. On that questlon, there are 54 Ayes, no Nays, voting Present. Senate Bill 847: having received the constitutional majority, is declared passed. Senator Cullerton? Read the billy Madam Secretary.
Senate Bill 861. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. Senate Bill 861 directs the Illinois Department of Public Hea1th to study the special needs of pediatric ambulatory surgical treatment centers the State of Illinois, and report back to the General Assembly by October 1st, 1993. There 's only two pediatric ASTCS in the United States. One is located in Westchester, Illinois. Itfs operated and owned by the Children's Memorial Hospital of Chicago . It's been Children 's Memorial's experience that this ASTC has certain special operational and other needs related to the very unique clientele, that being sick children. The Children's Hospital looks forward to participating in the study With the Department of Public Health, and the Department will report back 272 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 to the General Assembly regarding hoW this particular ASTC might better serve the children's population. It's my understanding that the Department of Public Hea1th fully endorses this bill, and I would ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there dlscussion? If no discussion, the question is, shall Senate Bill 86l pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted who Wish? Take the record. On that question, the Ayes are 50, the Nays are 2, 2 -- the Nays are 2, none voting Present. Senate Bill 865 Ksic>r having received a constitutional majority, is declared passed. Senator Severns, on -- excuse me. Senator Karpiely on 865? Read the bill, Madam Secretary.
Senate Bill 865. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel.
Thank you, Mr. President. Senate Bill 865 changes the Illlnois Clean and Beautiful program. It does four -- four changes to the program . changes the name from Illinois Clean and Beautiful to Keep Illinois Beautiful. And that was at the request of the local program coordinators, because it keeps it more closely identified wlth Keep America Beautiful. It reduces the side of the size of the advisory board. It expands the purposes of the proqram and grants into -- going into the area of recycling, waste reduction and education. And it creates the Keep Illinois Beautiful Fund to accept any private contributions. What it does is to -- basically, is to change the focus of the grant program, rather than in littering, as it used to be, into 273 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 the areas of recycling, reuse and education. And it will hopefully assist the program to receive future funding from private and public sector sources.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Palmer.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) She indicates she will yield.
0ur analysis says that the Lieutenant Governor may authorize qrants from any State funds that may be available. Could you speak more specifically about What that would mean?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel.
T understand that's been taken out of the -- by the amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, the question is, shall Senate Bill 865 pass. Those in favor will vote Aye. Those opposedy vote Nay. The voting is open. Have all voted who wtsh? Have all voted who wish? Take the record. On that question, the Ayes are 53, the Nays are none, none voting Present. Senate Bill 865: having received the constitutional majority, is declared passed . Senator Severns, do you wish to bring 868 back for an amendment? Do you wish to call the bill? Take 868 out of the record. 869? Read the bill, Madam -- Mr. Secretary.
Senate Bill 869. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR WEAVER) 274 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senator Severns.
Thank you, Mr. President, Members of the Senate. This bill came about as a reconmendation from one of my State 's attorneys. It simply makes misuse of emergency services a disorderly conduct charge. I know of no opposltion, and would urge its passage.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If noty the question is, shall Senate Bill 869 pass. Excuse ne. Senator Berman. Senator Berman.
Would the sponsor yield to a question? What -- What is the definition in the bill of ''misused'?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns.
Misuse is a fraudulent or fictitious report -- made intentionally.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, the question is, shall Senate Bl11 869 pass. Those ln favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted Who wish? Have a1l voted who Wish? Take the record. On that questione the Ayes are 54# the Nays are none, none voting Present. Senate Bill 869, havin: received the constitutional majority, is declared passed. Senator O'Malley? Read the bill: Mr. Secretary.
Senate Bill 871. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.
275 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5y 1993 Mr. President, Members of the Senate, thank you. Senate Bill 871 amends the Municipal Code to remove the maximum age limit of thirty-four years old for police applicants. This bill will allow boards of -- police commissioners free range when considering police appllcants. Its intent is to allow them to hire older, more stable officers.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bi11 87l pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 53 Ayese no Nays, none voting Present. Senate Bill 871, having received the constitutional majority, is declared passed. 880? Read the bille Mr. Secretary.
Senate Bill 880. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.
Againz thank you, Mr. President, Members of the Senate. As amended, Senate Bill 880 authorizes nonconsensual Wiretaps for investigating the offense of committing, conspiring or soliciting to commit criminal -- criminal drug conspiracy. I'd yield to any questions.
PRESIDING OFFICZR: (SENATOR WEAVER) Senator Cullerton.
Yes. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates -- Will -- he Will. 276 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993
We have, on the Well, let's put it this Way: the -- the Act that this bill amends authorizes the interception of private oral communications by having the State's attorney ask a judge to authorize this form of legal eavesdropping . Whak -- what laws does it now -- whae laws does it now apply to, and you know, in Cook County, how many times has the State 's attorney asked for this authority, and how many times has it been granted since this 1aw went into effect?
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.
You give us a moment. We 're double-checking.
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.
In response to the question: Under current law, a nonconsensual wiretap can be sought in the investigation of a violation of the manufacturing, delivery, trafficking of a controlled substance, or a calculated criminal drug conspiracy in relation to controlled substances or hostage situations.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Cullerton.
Okay. So this bill adds crlminal drug conspiracy. Right? That's a1l it adds. And then, did you have an answer to that first question? Do you know how many times in Cook County since we've passed this that there's been this authority granted?
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.
The only answer -- I'm unable to answer that. I understand 277 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 there's a report imminently.
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? The question is, shall the Senate pass Senate Bill 880. Those in favor, signify by -- by voting Aye. Opposedr Nay. The voting is open. Have a1l voted Who wish? Have a11 voted who Wish? Take the record. On that question, there are 46 Yeas, 3 Nays, 2 voting Present. Senate Bill 880, having received the constitutional majority, is declared passed. Senator O 'Malley, do you wish 88l to be returned to the Order of 2nd Reading for the purpose of an amendment? Senator O'Malley seeks leave of the Body to return Senate Bill 881 to the Order of 2nd -- Reading for the purpose of an amendment. Is there objection? Leave is granted. Senate Bill -- on the Order of 2nd Bill ls -- on 2nd Reading is Senate Bill 881. Mr. Secretary, are there any Floor amendments approved for consideration?
The Rules Committee has approved for consideration Floor Amendment No. 1, offered by Senator O'Malley.
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley, to explain the amendment.
Thank you again, Mr. President. Amendment No. l to Senate Bill 88l changes the definition of distance distance learning areas to reference instructional programs transmitted by electronic media for instance, computers, video and audio. As originally introduced, the bill only referenced TV, tape or video instruction.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, -- for What purpose does Senator Berman arise?
I -- think wefre addressing the Wrong bill, or we got the 278 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 wrong bill number. I'm...
PRESIDING OFFICER: (SENATOR WEAVER) 881 is the bill wefre addressing. For what purpose -- for What purpose does Senator Cullerton arise?
Yes. If I understand this correctly, there were two amendments that are going to be offered, one of which was technical, which may have been referred directly from the Rules Committee to the Floor. That's the one We Would be on now.
PRESIDING OFFICER: (SENATOR WEAVER) Mr. Secretary, are We on Amendment No. 1 to Senate Bill 881?
Amendment No . ly Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Is that a technical amendment? This -- Amendment No. 1 is a technlcal amendment. Is there any discussion? A1l in favor, signify by saying Aye. Opposed, Nay. Amendment No. to Senate Bill 881 is adopted. Are there further amendments?
The Educatlon Committee has reported Floor Amendment No. 2, offered by Senator O 'Malley, as Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.
Thank you, Mr. President. Senate -- Amendment No. 2 to Senate Bill 881 adds Chicago to the provisions of the bill. This Was done at the request of the Board of Education.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? A11 in favor, signify by saying Aye. Opposed, Nay. Amendment No. 2 to Senate Bill 88l is adopted. Are there further anendments?
279 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprtl 1993 1 No further amendments, Mr. President. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 899. Senator DeAngelis. Out of the record . 901, Senator Watson? Read the billg Mr. Secretary. SECRETARY HARRY: Senate Bill 901. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson. SENATOR WATSON: Yes. Thank you, Mr. President. This comes to us from the Secretary of State's Office, and as you know, Secretary of State makes available to commercial purchasers names of drivers and vehicle records on data base, and what this does is asks or requires - that an agreement be established between the Secretary of State and those commercial purchasers prior to the purchase being made. It also establishes a means by which someone would rather not their name be sent out, or divulged, then it Would not - - it would not have to be done. Know of no opposition and be glad to answer any questions. PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, the question is, shall Senate Bill 90l pass. Those in favor, signify by voting Aye. Opposed, Nay. The voting is open. Have all voted Who wish? Have al1 voted who wish? Take the record . On that question, there are 53 -- 54 Ayes, Nay, none voting Present. Senate Bill 901, having received the constitutional majority, is declared passed. 902, Madam Mr. Secretary. SECRETARY HARRY: Senate Bill 902. (Secretary reads title of bill) 280 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leqislative Day April 1993 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Thank you, Mr. President. This is the carjacking legislation. I introduced this proposal of Secretary of State George Ryan. Senator Lapaille is a cosponsor. He introduced similar legislation. Senator Hendon is a cosponsor. He introduced a similar piece of legislation that added, I think, an important portlon, that where a child is a passenger in a car that is hijacked, that it'd be an aggravating factor. Unfortunately, in our society from time to time a new -- new genre of crime comes along. We're a1l too familiar with the tragedies around the country of -- of car hijacking where someone armed or unarmed attacks a car, and either snatches the driver out; sometimes the driver, as we read yesterday about one story, is dragged, because theydre caught in the rush, and -- and caught by a seat belt or something and dragged and seriously injured or killed; sometimes tbese carjackings occur where a young child is a passenger in the car and is taken for a ride after a mother or father is -- is yanked from the car. We had this legislation late last year, and because of the time constraints it was not able to be passed in both Chambers. But I think this is a laudatory proposal from the Secretary of State, and I commend the other Senators who have filed legislation and are cosponsors on it. What does, if the aggravating factors of being armed with a weapon or you have a youngster or a senior citizen passenger: it is a Class X felony with a minimum seven years, and if there is not an aggravating factor presentr it is still a mandatory mlnimum sentence that is imposed, so there will be imprisonment in the penitentiary. 281 STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 END OF TAPE TAPE
In that case it would be a mandatory minimum of four years for a Class felony. I Would urge the adoption of this important legislation, and be happy to try and answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Stern.
Mr. President and Ladies and Gentlemen of the Senate: after reading the Corrections' Task Force report, I think we should al1 be very much concerned about any bill which places mandatory minimum sentences. However, I have to acknowledge that carjacking has become a serious threat. I think I voted against this bill in conmittee, and will cast a reluctant green vote on But think we should pay attention to this problem. Mandatory minimum sentences are filling our prisons and we are unable to build our way out of it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille. SENATOR LaPAILLE: Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he will, Senator. SENATOR LaPAILLE: As Grace Mary Stern said, the hijacker -- carjacking is becoming a problem. Being one that was a victim of billjacking, would hope that perhaps We could put sone criminal penalties into this when gets to the House to work -- to make sure that 282 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993 billjackers are also prosecuted, since my bill Was in first. But since we are all working cooperatively, I'm standing to commend the Chairman of the Judiciary Committee for including a11 of us onto his piece of legislation. We have Worked cooperatively, and itfs about time that we beqin to put the thugs and the crininals who carjack cars, take children away With them fron their parents when they're in shopping centersr and create havoc on the roads and and -- and commit crimes and rape, et cetera, behind bars where they belong . So I want to congratulate Chairman HaWkinson for a great job with this bill, and rise to support it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Quick question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) Indicates he will yield.
On page 2 of the bill it talks about an aggravating factor, the person from whose immediate presence the motor vehicle is taken. By that, do you intend -- I mean, is it someone -- does someone have to be physically in the vehicle for this to be -- take effect, or if -- maybe you can give some definition to what imnediate presence means.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
This language was suggested by Representative Homer in the House, and they would have to be -- it's the same language that we have in terms of robbery, I think, and you could be, I suppose, repairing your car, or changing a tire, or at the gas pump and and filling it up and still this offense would still take place. No, you couldn't be in the store away from the car at the time. 283 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
Yes. Question of the sponsorg please.
PRESIDING OFFICER: (SENATOR WEAVER) Indicates he 'll yield.
Senator, as you know, we have a State Mandates Act in Illinois. Is this exempt from the State Mandates Act?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
I don't think the State Mandates Act Would apply. think there's -- there is a correctional impact to be certain, but I do not believe that it would affect the cost at the local governmental level, because these -- these folks would be prosecuted currently but the -- the penalties would not -- are not at the level that they ought to bez in my opinion.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senator Hawkinson may close.
Before closing, just -- just in brief response to Senator Lapaille, who -- Who has cosponsored this bill: While he -- sometimes the -- the intent and the perceived reception is not the sane, and I can assure the Senator as is true with other bills that he had in our committee - that there would never be billjacking in the Judiciary Committee - that, in fact, had I asked him if he would agree that We'd combine these efforts, and -- and had he said no, we would have heard his bill also. But I think this is -- is a good piece of legislation, and I Would urge your Aye vote. 284 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 1993
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall House Bill for what purpose does Senator Lapaille arise? SENATOR LaPAILLE: Since my name was used in the debate. It Was only a joke, Carl.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 902 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted who Wish? Have a11 voted who Wish? Take the record. On that question, the Ayes are 55y the Nays are none, none voting Present. Senate Bill 902, having received the constitutional majority, is declared passed. For what purpose does Senator Philip arise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR WEAVER) State your point.
Yes. I just would like the Members to know what we're going to do tonorrow. We dre going to come in at 9 a.m. sharp. I hope that everybody would be here on time. And the intention of the Chair is to run al1 through 3rd Readings, go to 2nd Readings, finish 2nd Readings, get everything in shape for next Monday. So I hope that everybody Would have a good pleasant evening, and be here at 9 a.m. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Committee Reports.
Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measures have been assigned to committees: to the Committee on Agriculture and Conservation - 285 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leglslative Day April 15, 1993 House Bill 1039; to the Appropriations Committee - Senate Amendments 3, 4, 5, 6, 7, 8 and 9 to Senate Bill 311, Senate Amendments 4 and 5 to Senate Bill 314, Amendments 2, 3 and 4 to Senate Bill 315, and Amendment 3 to Senate Bill 319: to the Committee on Commerce and Industry - House Bill 8447 to the Education Committee - House Bills 207, 391, 392: 502, 505, 525: 729: 795, 916, 1218, 1305, 1387, 1507 and 1621: to the Committee on Environment and Energy - House Bill 745, and Senate Amendment 2 to Senate Bill 34; to the Executive Committee - House Bills 228, 644, 965, 989, 1540 and 2187, and Amendment 1 to Senate Bill 960) to the Committee on Insuranceg Pensions and Licensed Activities - House Bills 1293 and 17612 to the Judiciary Committee - House Bills 246, 671, 840 and 2292; to the Committee on Local Government and Elections - House Bills 239 and 1650, Senate Amendnent 4 to Senate Bill 45# and Amendment 2 to Senate Bill 2112 to the Committee on Public Health and Welfare - House Bills 1803, 1852, 1897, 2347 and 2377, Senate Amendment 3 to Senate Bill 149, and Amendment 5 to Senate Bill 2097 to the Revenue Committee Senate Amendnent 2 to Senate Bill 5907 to the Committee on State Government Operations and Executive Appointments - House Bills 99, 82l and 1409; to the Transportation Committee - House Bills 462, 698, 824, 1451 and 16367 and Be Approved for Consideration - Senate Amendment 1 to Senate Bill 561.
PRESIDING OFFICER: (SENATOR WEAVER) For what purpose does Senator Maitland arise?
Thank you very much, Mr. President and Members of the Senate. Por the purpose of an announcement. The Senate Committee on Appropriations will not -- will not meet tonorrow afternoon as originally scheduled. Our next scheduled meeting Will be 1:30 on Monday afternoon. Thank you, Mr. Presldent. PRESIDTNG OFFICER; (SENATOR WEAVER) 286 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 15, 1993 House Bills lst Reading.
House Bl11 121, by Senator O'Malley. (Secretary reads tltle of bill) House Bill 508, by Senator Sieben. (Secretary reads title of bill) House Bill 543, Senator Lapaille. (Secretary reads title of bill) Senator Lapaille offers House Bill 967. (Secretary reads title of bill) House Bill 1013, Senator Barkhausen. (Secretary reads title of bill) House Bill 1029, by Senator Lapaille. (Secretary reads title of bill) Senator Woodyard offers House Bill 1032. (Secretary reads title of bill) House Bll1 1206, Senator Burzynski. (Secretary reads title of bill) Senator Barkhausen offers House Bill 1335. (Secretary reads title of bill) Senator Barkhausen offers House Bill 1343. (Secretary reads title of bill) House Bill 1399, Senator Smith. (Secretary reads title of bill) House Bill 1527, Senator O 'Malley . (Secretary reads title of bill) House Bill 1549, Senator Barkhausen. (Secretary reads title of bill) Senator Lapaille offers House Bill 1733. (Secretary reads title of bill) Senator Madigan offers House Bi11 2092. (Secretary reads title of bill) 287 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l5, 1993 Senator Lapailler on House B11l 2103. (Secretary reads title of bill) And House Bill 2400, offered by Senator del Valle. (Secretary reads title of bill) lst Reading of the bills, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger moves that the Senate stand -- ls there any further business to come before the Senate? If not, Senator Rauschenberger moves the Senate stand adjourned until 9 a.m. in the morning. 288 REPCRT: TIFLDâT STATE OF ILLINOIS 9:/11/15 PAGE: 001 88TH GEMERAL âSSEHBLY 09:5::50 SENATE DAILT TRANSCRIPTION OF DEBZTE INDEX APRIL 15, 1993 HB-0099 FIRST READING HB-0121 FIRST READING HB-0207 FIRST READING H8-0228 FIRST READIMG H8-0239 FIRST READING HB-02k6 FIRST READIMG HB-0391 FIRST READING H8-0392 FIRST READING HB-0462 FIRST READIMG HB-0502 FIRST READING HB-0505 FIRST READING HB-0508 FIRST READING H8-0525 FIRST REZDING HB-05R3 FIRST READING HB-0644 FIRST REZDING HB-0671 FIRST READING H8-0698 FIRST READING H8-0729 FIRST READIMG HB-07R5 FIRST READiMG H8-0795 FIRST READING HB-0821 FIRST REZDING HB-0824 FIRST READING HB-08M0 FIRST READING HB-08MR FIRST REZDING HB-0916 FIRST READING H8-0965 FIRST READING H8-0967 FIRST REâDING HB-0989 FIRST READING HB-1013 FIRST READING HB-1029 FIRST REâDING HB-1032 FIRST READING HB-1039 FIRST REâDING HB-1206 FIRST READING HB-1218 FIRST READING H8-1293 FIRST READING HB-1305 FIRST READING H8-1335 FIRST READING HB-13R3 FIRST READING H8-1387 FIRST READING H8-1399 FIRST READING HB-1R09 FIRST READING HB-1k51 FIRST READING HB-1507 FIRST READIMG H8-1527 FIRST REâDING HB-15R0 FIRST READIVG HB-15R9 FIRST READIMG HB-1621 FIRST READIMG H8-1636 FIRST READiMG HB-1650 FIRST READIMG H8-1733 FIRST READING HB-1761 FIRST READING HB-1803 FIRST READING H8-1852 FIRST REâDING H8-1897 FIRST REâDING H8-2092 FIRST READING HB-2103 FIRST READING H8-2187 FIRST READING H8-2292 FIRST READING H8-23:7 FIRST READING H8-2377 FIRST READING HB-2M00 FIRST READIVG SB-0003 SECOND READING SB-0005 SECOND READING 58-0052 SECOND READIMG REPORT: TIFLDAY STATE OF ILLINOIS 9:/11/15 PAGE: 002 88TH GENERAL ASSEHBLY 09:54:50 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 15, 1993 SB-0060 SECOND READINC SB-0085 SECOND READING SB-0095 SECOND REZDING 58-0096 SECOND READING SB-0097 SECOND READING sB-010R SECOND READING SB-0105 SECOND READING SB-0110 OTHER SB-01R9 SECOND READING SB-0160 SECOND READING SB-0180 SECOND READING SB-0185 OTHER 58-0232 SECOND READING 58-0312 CONCURREVCE SB-0345 SECOND READING SB-0360 SECOND READING SB-0380 SECCND READIMG SB-0381 OTHER SB-038k SECCND READING 58-0387 SECOND READIMG SB-0:02 THIRD READING SB-04O5 THIRD READING SB-0406 THIRD READING SB-0q11 THIRD READING SB-0q18 THIRD READING SB-0420 THIRD READIMG SB-0421 THIRD READING SB-0q25 THIRD READING sB-0430 POSTPONED CONSIDERATION s8-0432 THIRD READING SB-0q33 SECOND READIMG 58-0436 RECALLED SB-0q39 THIRD READING SB-0442 RECâLLED SB-OkMR THIRD READING SB-04M8 SECOND READIMG SB-0R50 RECALLED SB-0R52 OTHER SB-0k53 SECOND READING SB-0460 THIRD READING SB-0R6q THIRD READING :8-0465 THIRD READING 58-0466 THIRD READING 58-0469 THIRD READING SB-0472 THIRD READING SB-0kT8 THIRD READING SB-0k79 THIRD READING SB-0k82 THIRD READING SB-0k83 THIRD REZDING sB-0k87 THIRD REZDING SB-0k88 THIRD READING SB-0R90 THIRD READING SB-0M93 THIRD BEADING SB-0M96 RECALLED SB-0502 THIRD READING SB-0502 0UT OF RECORD SB-0503 THIRD READING 58-0505 THIRD REZDING 58-0522 THIRD READING 58-0531 RECALLED 58-0533 SECOND READING 58-0536 0UT OF RECORD 58-0542 THIRD READING SB-05k3 THIRD READING REPORT: TIFLDZY STATE OF ILLIMOIS 94/11/15 PAGE: 003 88TH GEVERAL ASSEHBLY 09:54:50 SENATE DAILY TRAMSCRIPTION OF DEBATE INDEX APRIL 15, 1993 SB-05R6 THIRD READING SB-05R8 SECOMD READING 58-0549 SECOND READING 58-0550 THIRD READING 58-0551 SECOND READING 58-0553 THIRD READING 58-0554 0UT OF RECORD 58-0558 RECALLED SB-0560 THIRD READIMG 58-0567 THIRD READING s8-0568 THIRD READING SB-0571 THIRD READING s8-0576 THIRD READING 58-0578 THIRD REâDING 58-0579 THIRD READING SB-0580 THIRD READING 58-0583 THIRD READING SB-0590 SECOND READING SB-0591THIRD REZDING 58-0596 THIRD READING 58-0597 SECOND READING 58-0598 SECOND READING SB-0601 RECALLED SB-0602 THIRD READING SB-0604 THIRD REâDING SB-0607 THIRD READING sB-0614 THIRD READING 58-0617 SECOND READING SB-0618 THIRD READING sB-0619 THIRD READING 58-0626 OTHER 58-0627 THIRD READING 58-0628 THIRD READING 58-0629 THIRD READING :8-0638 RECALLED SB-0650 SECOMD READING 58-0651 SECOND READING 58-0652 SECOND READING 58-0662 THIRD REâDIMG 58-066: THIRD READING 58-0667 THIRD READING SB-0670 THIRD READING SB-0678 SECOND READING 58-0682 THIRD READING sB-068k OUT OF RECORD SB-069k THIRD READING SB-0704 THIRD READING 88-0706 THIRD READING 58-0707 THIRD READING SB-0712 THIRD REZDING SB-0719 THIRD READING SB-073q THIRD READING 58-0735 0UT OF RECORD 58-0756 SECOMD READING 38-0757 THIRD READING 58-0759 SECOMD READING s8-0775 THIRD READING 58-0776 RECALLED :8-0778 THIRD READIKG SB-0780 THIRD READING 58-0786 THIRD READING SB-0788 THIRD READING 58-0795 THIRD READING 58-0797 THIRD READING REPORT: TIFLDAY STATE QF ILLINOIS 9k/11/15 PAGE: 00R 88TH GENERâL ZSSEMBLY 09:54:50 SENATE DAILY TRANSCRIPTIQN OF DEBâTE INDEX APRIL 15, 1993 58-0798 THIRD READING 58-0799 THIRD READING SB-0810 THIRD READING 58-0813 THIRD READING 58-0825 THIRD READIMG 58-0828 THIRD REâDING 58-0830 THIRD READING SB-0841 THiRD REâDING 58-0842 THIRD READING 58-0846 RECALLED SB-08q7 THIRD READING SB-0851 SECOMD REàDIMG 58-0861 THIRD READING 58-0865 THIRD READING 58-0868 OTHER 58-0869 THIRD READING SB-0871 THIRD READING 58-0880 THIRD REZDING SB-0881 RECALLED SB-0891 SECOMD READING 58-0892 SECOMD READIMG 58-0893 SECOND READING SB-0901 THIRD READING 58-0902 THIRD REZDING SB-090k SECOMD READING 58-0907 SECOMD READING SB-0910 SECOMD READING SB-09R0 SECOND READING 58-0993 SECOND READING :8-1033 SECOND READING SB-1036 SECOMD READING 58-1069 OTHER 58-1085 SECOND READING SB-1105 SECOND READING 5R-0268 RESOLUTION OFFERED HJR-0006 RESOLUTIQN OFFERED SJR-0044 RESOLUTION OFFERED SJR-0045 RESOLUTION OFFERED SUBJECT HATTER SENATE T0 ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-PASTOR JOHN DUKE PAGE 1 JOURNALS-POSTPONED PAGE 1 COMMITTEE REPORTS PAGE 2 HESSAGES FROH THE HOUSE PAGE 2 COHHITTEE REPORTS PAGE 107 RECESS PAGE 108 SEMATE RECONVENES PâGE 108 COHMITTEE REPORTS PAGE 108 COMMITTEE REPORTS PAGE 285 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