(Prayer by Pastor Robert Freeman)
Reading of the Journal.
Senate Journals oc Monday: April 11th, and Tuesday: April ! ! 12th, 1994.
Senator Butler.
Mr. President, I move that the Journals just read by the Secretary be approvedr unless sone Senator has additions or corrections to offer.
Senator Butler moves to approve the Journals just read. There being no objections, so ordered. Senator Butler.
Mr. President, I move that reading and approval of the Journals of Wednesdayr April 13th7 Thursday, April 14th, in the year 1994, be posEponed, pendlng arrtval of *he prlnted Journals.
Senator Butler moves to postpone the reading and the approval of the Journalr pending the arrival of the printed transcript. There being no objectionsr so ordered. Commlttee Reports.
1. , STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leglslative Day A7ri1 15, 1994 Senator DeAngelis , Chai r of the Committee on Revenue , reports Senate M endment No . 1 to Senate Bill 1211 Be Adopted r and Senate Amendment 1 to Senate Bill 1339 Be Adopted .
Resolutions .
Senate Resolutlons 1264 and 1265, offered by Senator Mahar. Senate Resolution 1266 , by Senator O 'Malley . And Senate Resolutlcn 1267# by Senator Madlgan. They ?re al1 congratulatoryy Mr. Presldent.
Consent Calendar. A11 right. We '11 now proceed to the Order of 2nd Readings , if you I11 turn to page 2 of your Calendar' at the top of the page .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell# for what purpose do you rise?
Just to inform the Chair that Senator Karpiel is not going to be here today because she 's away on legislattve business at a conference .
PRESIDING OFFICER: (SENATOR DUDYCZ) The record will so reflect. Senator Geo-Karis , for what purpose do you rise?
Mr . President and Ladles and Gentlemen of the Senate , I 'd request that the record show that Senator Robert Raica ls absent today r due to tllness .
PRESIDING OFFICER : (SENATOR DUDYCZ) The record w111 so refleet . On the top cf page 2, We Will begin with Senate Bills 2nd Reading. Senate Bill 1133. Senator Cullerton. Senate Bill 1147. Senator Hawkinson. Mr. President 'csic> , read the bill. 2 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5r 1994
Senate Bill 1147. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted Amendnent No. 1.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved fcr consideration?
Nc further amendments reportedr Mr. President. PRESIDTNG OFFICER; (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1168. Senator Cronin. Senate Bill 1211. Senator Qhomas Dunn. Senate Bill 1228. Senator Cronin. Senate Bill 1229. Senator Beverly Fawell. ...Bi1l 1299. Senator O 'Malley. Mr. Presldent <slc>, read the bill.
. .. Bill 1299. tsecretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No.
PRESTDING OFFTCER: (SENATOR DUDVCZ) Have there been any Floor amendments that have been approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1311. Senator Molaro. Senate Bill 1318. Senator DeLeo. Senate Btll 1339. Senator DeAngelis. Senator DeAngelis. Read the bill, Mr. Secretary.
Senate Bill 1339. (Seeretary reads title of bill) STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 2nd Reading of the bill. No committee amendments. PRESIDING OFFICER: (SENATOR DUDYCZ) j Have there been any Floor amendments that have been approved i ! for consideration? I SECRETARY HARRY: ' Amendment No. 1, offered by Senator DeAngelis.
PRESIDING OFFICER: (SENATOR DUDYCZ) l Senator DeAngelisy to explain your amendnent. SENATOR DeANGELIS: Thank you, Mr. President. Senate -- the amendment -- Senate Amendment No. 1 was at the request of the Department of Revenue. I ! Even though they may not be in favor of the bill, ue 're making i* a lot easier for them to accept it when it passes. So we accepted their recommendations. PRESIDING OFFICER I : (SENATOR DUDYCZ) ; Any discussion? If not, Senator DeAngelis moves the adoptlon of Amendment No. -- Floor Anendment No. l to Senate Bill 1339. Those in favor, say Aye. Those opposed, Nay. The Ayes have it, : and the anendmene is adopted. Are there any further amendments? :
No further amendnents reported, Mr. President. l PRESIDING OFFICER: (SENATOR DUDYCZ) 1 3rd Reading. Senate Bill 1352. Senator Dillard. Mr. Secretary, read the b111.
senate Bill 1352. (Secretary reads title of bill) 2nd Reading of the blll. No committee or Eloor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) I 3rd Reading. Senate Bill 1366. Senator O 'Malley. Mr. Secretary, read the bill. '
4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 Senate Bill 1366. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Flcor amendments. PRESIDING OFFICER: (SENATOR DUDYCZ) ! 3rd Reading. Senate Bill 1473. Senator Butler. Read the bill, Mr. Secretary. SECRETARY HARRY: I Senate Bill 1473. j (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR DUDYCZ) I 3rd Reading . On the top of page 3, Senate Bills 2nd Reading, Senate Bill 1546. Senator Trotter. Senate Bi11 1560. Senator ë Jones. Read the billr Mr. Secretary.
Senate Bill 1560. I (Secretary reads title of bill) 1 ; 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DUDYCZ) i Have there been any Floor amendments that have been approved E for consideraeion?
No further amendments reported, Mr. President. l PRESIDING OFFICER: (SENATOR DUDYCZ) i 3rd Reading. Senate Bill 1579. Senator Jones. Mr. Secrekary, read the btll. . SECRETARY HARRY: l Senate Bill 1579. (Secretary reads title of b111) I 2nd Reading of the bill. The Committee on Fublic Health and ! Welfare adopted Amendment No. 1. 5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994
PRESIDING OFFICER: (SENATOR DUDXCZ) Have there been any Floor amendments that have been approved fOr Considpration? E
No further amendments reported, Mr. President. PRESIDING OFFICER : (SENATOR DUDYCZ) ! 3rd Reading. Senate Bill 1594. Senator Watson. Read the I bill, Mr. Secretary.
Senate Bill 1594. (Secretary reads tttle of bill) ! 2nd Reading of the bill. The Committee on Commerce and Industry adopted Amendment Nc. 1. !
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor anendments?
No further amendments reported. , ! (
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Readinç. Senate Bill 1628. Senator Sieben. Senate Bill 1682. Senator O'Malley. Read the billr Mr. Secretary. !
.. . Bill 1682. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any -- any Ploor amendments?
No Floor amendments reported , Mr . President. PRESIDING OFFICER: (SENATOR DUDYCZ) ; 3rd Reading. Senate Bill 1715. Senator Ralph Dunn. Senate Bill 1716 . Senator O 'Malley . Move the bi11r Mr. Secretary . Read the bil1 . 6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994
Senate Bill 1716. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR DUDYCZ) . 3rd Readlng. Senate Bill 1746. Senator Donahue. Senate Bill 1747. Mr. Secretaryr read the bill.
Senate Bill 1747. I j (Secretary reads title of bill) 2nd Readlng of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments?
Amendment No. 1, offered by Senator Donahue.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue, to explain your amendment.
Thank you very much, Mr. President. The amendment takes out the fiscal situation, removes the fiscal responsibility, and then changes the completion date for training to January 1st, 1996. I And I Would move for iEs adoption.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If noty Senator Donahue moves the adoption of Flcor Amendment No . 1 to Senate Bill 1747. Those in favorr say Aye. Opposed, Nay. The Ayes have it: and the amendment is adopted. Any further amendments?
No further amendments reported: Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1754. Mr. Secretary, read the bill.
7 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994 Senate Bill 1754. (Secretary reads title of b111) 2nd Readlng of the bill. No committee or Floor anendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. At the top of page 4, 'Senate Bills 2nd Reading, 1756. Mr. Secretaryy read the bill.
Senate Bill 1756. (Secretary reads title of bi11) 2nd Reading of the bill. No committee or Floor amendnents.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Readtng. Senate Bill 1758. Senator Maitland. Read the bill, Mr. Secretary. .
Senate Bill 1758. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. 1759. Read the bl11.
Senate Bill 1759. (Secretary reads title of blll) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1760. Read the bill.
Senate Bill 1760. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor anendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1761. Read the bill.
8 STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislatlve Day April 15, 1994 Senate Bi11 1761. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendnents.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Readlng. Senate Bill 1762. Read the bill.
Senate Bill 1762. (Secretary reads title of bill) 2nd Readin: of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1763. Read the bill.
Senate Bill 1763. (Secretary reads tltle of bill) 2nd Readlng of the bill. No committee or Floor amendnents.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1764. Read the bill.
Senate Bill 1764. (Secretary reads title of bill) 2nd Reading of the bill. No commlttee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1765. Read the bill.
Senate Bi11 1765. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1767. Read the bill. SECRETARY HARRY) Senate Bill 1767. (Secretary reads title of bi11) 9 i STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1768. Read the bill. SECRETARY HARRY: Senate B . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Flocr amendments. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1769. Read the bill. SECRETARY HARRY: Senate Bill 1769. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. . PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Readtng. Senate Bill 1770. Read the bill. SECRETARY HARRY: Senate Bill 1770. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the top of page 5: Senate Bills 2nd Reading, Senate Bill 1772. Read the bill. SECRETARY HARRY: Senate Bill 1772. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1774. Read the bill. SECRETARY HARRY: Senate Bill 1774. (Secretary reads Eitle of bill) 2nd Reading of the bill. No committee or Floor amendments. 10 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 I
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1775. Read the bill.
Senate Bill 1775. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1777. Read the bill.
Senate Bill 1777. (Secretary reads title of bill) 2nd Reading of the b111. No committee or Flocr amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1778. Read the bill.
Senate B1ll 1778. (Secretary reads tltle of bl11) 2nd Reading of the bill. No commlttee or Floor amendments. PRESIDING OFFTCER) (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1779. Mr. Secretaryz read the bill.
Senate Bill 1779. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1780. Read the bill.
Senate Bill 1780. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1781. Read the bill. 11 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 SECRETARY HARRY: ! Senate Bill 1781. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFPICER: (SENATOR DUDXCZ) 1 ; 3rd Reading. Senate Bill 1783. Mr. Secretary, read the bill.
Senate Bill 1783. (Secretary reads title of bill) I 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1795. Read the bill. SECRETARY HARRY: ! Senate Bill 1795. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1796. Read the bill.
Senate Bill 1796. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1797. Read the bill. I
Senate Bill 1797. (Secretary reads title of bill) 2nd Reading of the bill. No commitkee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1798. Read the bill.
Senate Bill 1798. 12 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. !
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1801. Read the bill. SECRETARY HARRY: i Senate Bill 1801. ' (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR DUDYCZ) , I 3rd Reading. 0n the top of page 6, Senate Bills on the Order of 2nd Reading, Senate Bill 1802.
Senate Bill 1802. (Secretary reads tikle of bill) 2nd Reading of the bill. No conmittee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Okay. With leave of the Body, we will return to *he Order of Senate Bills 2nd Readingy pgge 2, Senate Bill 1211. Senator Thomas Dunn. Mr. Secretary, read the bill.
Senate Bi11 1211. i (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Eloor amendments approved for conslderation?
Amendnent No. 1, offered by Senators Tom Dunn and DeAngelis.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Thomas Dunn, to explain your amendment. I I
Thank you, Mr. President. This amendment takes out the 13 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 I equalization factcr When a property owner goes to the Property Tax Board of Appeals and Wins his case. The original forn of the bill said that the equalization factor did not apply. The amendment changes that and makes the equalization factor apply.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If notz Senator Thomas Dunn moves the adoption of Floor Amendment No. l to Senate Bil1 1211. Those in favor, say Aye. Opposed, Nay. The Ayes have itr and the amendment is adopted. Any further amendments?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1228. Senator Cronin. Read the billr Mr. Secretary.
Senate Bill 1228. (Secretary reads title of bill) 2nd Reading of the bill. No commlttee or Floor amendnents.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senator Maitland, for what purpose do you rise?
Thank you very much, Mr. President, Members of the Senate. We have effectively today moved to 3rd Reading a11 of the agency appropriation bills that are in this Chamber. And consistent with a commitment that I have made with -- with the Mlnority Spokesmanr Senator Halls and the Members on both sides, ge will be receiving amendments next week, probably on Wednesday. So the commitment remains that we will hear those amendments and these bills, af course, will come back to 2nd Reading fcr the purpose of an amendment. I just wanted to make that point.
PRESIDING OFFICER: (SENATOR DUDYCZ) Paqe 3 of your regular Calendar. We will -- with leave of the 14 . STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994 Body, we will return to the Order of 2nd -- Senate Bills 2nd Reading. Senator Trotter. Senate Bill 1546. Mr. Secretaryy read the bill.
Senate Bill 1546. ! (Secretary reads title of bill) E i 2nd Reading of the bill. No committee or Eloor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. We Will noW go to the Order of House Bills 2nd Reading. If you'd turn to page 11 of your regular Calendarr House Bi11 474. Senator Woodyard. Mr. Secretary, read the bill.
House Bill 474 ! . y (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill -- or, pardon me, House Bill 1124. ! Senator Woodyard . Read the bill: Mr. Secretary .
House Bill 1124. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. If *he Membership Will turn to page 6 of their I regular Calendar, we Wi11 be proceeding to the Order of Senate Bills 3rd Reading. I remind the Members Ehat Ehis is flnal action. Senate Bill 393. Senator Woodyard. On the Order of 3rd Reading. Senator Butler. Senate Bill 484. Senate Bill 1110. Senator Shadid. Senator Lapaille. Senate Bill 1125. Senator Petka. Senate Bill 1175. Senator O 'Ma11ey. Senate Bill 1181. Senator O 'Ma11ey. Senate Bill 1182. Senatcr Topinka. Mr. -- Senator Topinka. Mr. Secretary, read the bill. 15 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5: 1994 SECRETARY HARRY: Senate Bill 1182. (Secretary reads title of bill) . 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Topinka. SENATOR TOPINKA: If you'll hold one second. ...tmierophone cutofflo..Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1182 would amend the State Treasurer's Act, and it Would give the State Treasurer exclusive authority to arrange for the provision of check cashing services and automatic teller machines State buildings. What we're seeking to do is to ultimately bring check cashing back to the State Capitol in a Way that is constitutional. We're also seeking to do bidding and -- and opening up that process to the private sector so that we could avoid State liability involved. We could get rentals off of that. We Would seek to put ATMS in State facilities around the State on a bid basis, keeping that money in a special fund in the Treasurer's Office so that the program would be self-supporting . It's supported by the Treasurer's Office, the Secretary of State's Office, the Legislative Space Needs Commission and the Department of Historic Preservation. At this point, I don't know of anyone who has a problem with this, and I would seek your afflrmative vote. PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Demuzio. SENATOR DEMUZIO : Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'd like to pose this question to the sponsor, may . PRESTDING OFFICER; (SENATOR DUDYCZ) Sponsor indicates she will yield. Senator Demuzio . 16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994
According to Amendment No. 4, says that this Sectlon does not apply to a State office building ln which a ccmmunlty currency exchange is located in the building on the effective date of this amendatory Act of 1994. Why are we bidding a11 of the other the facilitiesy and at the same time, we are granting and grandfathering in an exemption to allow the community currency exchange to provide this service in the State of Illinois Building, I assume, in Chicago?
PRESTDING OFFTCER: (SENATOR DUDYCZ) Senator Topinka.
The only reascn We put that in is because it is a preexistent facility with a preexistent lease lnto which we are tied into. So we 1et them run their lease and then they too would go into the bidding process after that point, after that effectlve date. It's just to make sure that their lease is not messed with at this point.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio .
Well, is that the only facility in which the -- we're granting such a exemption to? It just seems to me like this is really a -- a nice deal for somebody, I guess, in the currency exchange. And I assune that what you have indicated is is, in in facty the proper action because of the fact Ehat there ls a lease. But is there -- are there any other facilities in which we are grandfathering other -- other vendors?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Topinka . SENATOR TOPINKA; That's the only one we know of. And thereforey that's Why 17 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day APr1l 15y 1994 ! it's the only one in -- in the bill. So if you know of any others, I'd be happy to put them in.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator de1 Valle. ' SENATOR dEL VALLE: Thank you, Mr. President. On the same subject, Senator Topinka, does this mean that the people in the State of Illinois Building are going to be paying more for cashlng their checks than individuals cashing their checks at other facilities?
PRESIDING OFFICER: (SCNATOR DUDYCZ) Senator Topinka.
No. PRESIDING OFFICER: (SENATOR DUDYCZ) j ; Senator del Valle. SENATOR dEL VALLE: Youlre saying that there is no difference - there will be no difference at a11 - in the service fees between the currency exchange and other facilities?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Topinka.
It would be whatever is done in any other private organization that has check cashlng facilities anywhere else throughout the State. It would be run as a business. Just that way.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator DeLeo. SENATOR DeLEO: Thank you, Mr. President. Just for the -- for the record. The owner of this business is a business partner on an unrelated business of mine, so 1'11 be voting Present cn this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) 18 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Leglslaeive Day April 15, 1994 Any further discussion? If not, Senator Topinka, to close.
I would just seek an affirmative roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1182 pass. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have a11 voted Who kish? Take the record. On that question, there are 52 Ayes, no Nays, and voting Present. Senate Bill 1182, having received the required constitutional majority, is declared passed. Senate Bill 1186. Senator O'Malley. On the top of page 7 of your regular Calendarr Senate Bills on the Order of 3rd Reading. Senate Bill 1207. Senator Watscn. Senate Bill 1212. Senator Mahar. Senate Bi11 1223. Senator Petka. Senator -- Senate Bill 1251. Senator Geo-Karis. Madam Secretary, read the bill.
Senate Bill 1251. (Secretary reads title of bill) 3rd Reading cf the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senater this bill amends the Snowmobile Registration and Safety Act. Provides for implied consent to blood, breath or urine tests to determine the content of alcohol or other drugs in a snowmobile operator's blood . We dve had five deaths within a space of two months, and twenty-one snowmobiles going lnto the waters Fox Lake, Fox River. And the deaths -- most of those deaths were attributed to alcoholic content. This is to make safer -- a safer way for snowmcbilers to operate, because I think they should be just -- held just as responsible as automobile drivers. And ask for a 19 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day Aêril 15r 1994 favorable vote.
PRESIDING OFFICER: (SENATOR DUDXCZ) Any discussion? If not, the question is# shall Senate Bill L251 pass. Those in favor will vote Aye. Opposed Will vote Nay. ! And the voting is open. Have a11 voted who wish? Have a11 voted who wish? Have a11 voted uho wish? Take the record . On that question, there are 53 Ayes, no Nays: ncne voting Presenk. And Senate Bill 1251, having received the required constitutional majority, is declared passed. Senate Bill 1253. Senator Carroll. Senate Bill 1258. Senator Hasara. Senate Bi11 1260. Senator Hasara. Senate Bill 1274. Senator Watson. Senate Bill 1296. Senator Mahar. Senate Bill 1297. Senator Syverson. Madam Secretary, read the bill. !
Senate Bill 1297. ! (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.
Thank you, Mr. President. 1297 is just a -- a slmple bill which amends the Counties and Highuays Code. It's to allow counties that have stand-alone toll bridges to -- to do administrative adjudication, as opposed to golng through the court system. I don't know of any objectlon to that. Ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, the question is, shall Senate Bill 1297 pass. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have a11 voted uho wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that quesEion, there are 52 Ayes, no Nays: none voting Present. AnJ : 20 . STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994 Senate Bill 1297, having received the required constitutianal majority, is declared passed. Senate Bill 1323. Senator Watson. Senate Bill 1324. Senator DeAngelis. Senate Bill 1336. Senator DeAngelis. Senate Bill 1344. Senator Sieben. Senator Sieben. Senate Bill 1357. Senator Hawkinson. On the top of page 8 of your regular Calendar, on the Order of Senate Bills 3rd Reading, Senate Bill 1358. Senator Hawkinson. Senate Bill 1384. Senator Weaver. Madam Secretary, read the bill.
Senate Bill 1384. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
Thank you, Mr. President. Senate Bill 1384 Would set up tWo funds in the State Treasurer Ksic>, one being the State Universities Capttal Improvement Fund <sic>r and the other would create the -- a fund for the Wagering Tax Distributive Fund meant to fund al1 State pensions, if there's a revenue stream in the future. That's basically what it does.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, the question is, shall Senate B111 1384 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 52 Ayes, no Nays, none voting Present. And Senate Bill 1384, having received the required constitutional majority, is declared passed. Senate Bill 1421. Senakor Fitzgerald. Senator Fitzgerald. Senate Bill 1427. Senator Demuzio. Madam Secretary, read the bill.
21 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 Senate Bill 1427. (Secretary reads tltle of b1l1) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio. Senator Demuzio.
... tmicrophone cutoffl...Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1427 is really a technical bill. As Senator Donahue and I had discussed, the Sny Island levee drainage ! I ! distrlct -- apparently there was some confusion with respect to ' drainage districts as to where drainage conmissioners may file for an appointment. The Statute apparently just calls for the measure to be filed at the -- by the -- with the appropriate appointing authority. That was lnterpreted by at least one State's attorney to apparently mean that it ought to be filed With the -- with the county clerk, and others thought that it should be filed with the appropriate appointing authority, which would nean, in fact, the I drainage district itself. What this will do is slmply indicate that the filing now is the appointment -- appointing authority, in fact, would be the county clerk of the county in which the greater part of the territory or the district lies, rather than the appropriate appointing authority, which would be continued to be confusing. So, I know of no opposition, and would ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discusslon? Senator Donahue.
Well, thank you, Mr. President. I would just simply add that this is -- needs clarifying, and totally support the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1427 pass. Those in favor will vote Aye. Opposed will voke Nay. And the voting is open. 22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994 Have a1l voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, no Nays and none voting Present. And Senate Bill 1427, having received the required constitutional majority, is declared passed. Senate Bill 1435. Senatcr Peterson. Senate Bill 1447. Senator Cronin. Senate Bi1l 1448. Senator O lMalley. Madam Secretary, read the bill. ACTING SECRETARY HAWKER : ! Senate Bill 1448. (Secretary reads title of bill) 3rd Reading of the bill. 1 PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O 'Malley. SENATOR O 'MALLEY: Thank you, Mr. President, Members of the Senate. Senate Bill 1448 provides an -- for an amendment to the Dental Practice Act, and specifically provides that the Act does not prohibit dental associations as authorized by the Professional Association Act or 1 I dental limited liabllity companies as authorized by the Limited Liability Company Act from enqaging in the practice of dentistry. We added an amendment earlier in *he week which provides that the ! managers and members of the limited liability dentlstry partnership formed are all licensed to practice dentistry under the Illinois Dental Practice Act. This particular bill now, as amended, is very similar to Senate Bill 1313, Which gave the same I clarificatlon and authorization to medical practitioners. Be happy to entertain any questions and Would seek a favorable roll call. ! PRESIDTNG OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the questicn is, shall Senate Bi11 1448 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have al1 voted who wish? : 1 23 ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994 Have a1l voted who wish? Have al1 voted who Wish? Take the record . On that question, there are 53 Ayese none <sic> Naysz and none voting Present. And Senate Bill 1448, having recetved the required constitutional majority, is declared passed. Senate Bill 1456. Senator Barkhausen. Senate Bill 1468. Senator Syverson. Madam Secretaryr read the bill.
Senate Bill 1468. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Syverson.
Thank you, Mr. President. Flrst, I'd like to introduce my oldest and my best friend, Stephanie. 1468 is a simple bill which just adds optical imaging to the current financial institution use. Again, I know of no objection. Ansker any questions; otherwise ask for a favorable response.
PRESIDING OFEICER: (SENATOR DUDXCZ) Any discussion? If noty the question is, shall Senate Bill 1468 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 52 Ayes, no Naysw none voting Present. And Senate Bill 1468, having received the required constitutional majority, is declared passed. Senate Bill 1476. Senator Syverson. Senate Bill 1479. Senator Madigan . Senate Bill 1491. Senator Farley. Senate Bill 1509. Senator Maitland. Senate Bill 1510. Senator DeAngelis. A11 rtght. On the top of page 9, Senate Bill 1513. Senator Petka, do you wish this bill returned to 2nd Reading for the purpcse of an amendment?
24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15: 1994 Yes: I do.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka seeks leave of the Body to return Senate Bill 1513 to the Order of 2nd Reading for the purpose of an -- of an anendnent. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate 3i11 1513. Madam Secretary, are there any Floor amendnents approved for consideration?
Floor Amendnent No. 1 <sic> (2), offered by Senator Petka.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka .
Thank you, Mr. President and Members of the Senate. Senake Amendment No. l Ksic> to Senate Bill 1513 is a technical anendment which baslcally makes the Act consistent with practices of DASA . It came out of the comm ittee unanimously. know of no opposition. I urge its adoption.
PRESIDING OFFICER: (SENATOR DUDYCZ) There any discusslon on Floor Amendment No. 27 If not, al1 those in favorz say Aye. Opposed, Nay. And the Ayes have it, and the amendment is adopted . Any further Floor amendments...
No further amendments...
PRESIDING OFFICER: (SENATOR DUDYCZ) ...approved for conslderaeion?
No further amendments reported, Mr. President. PRESIDING OFFJCER) (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1516. Senator Thomas Dunn. Senate Bill 1522. Senator Watson. Senate Bill 1523. Senator Burzynski. Senate Bill 1524. Senator Burzynski. Senate Bill 1525. Senator Watson. Senate Bill 1567. Senator Geo-Karis. Madam Secretary, 25 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 read the blll. No? Out of the -- out of the record. Senate Bill 1598. Senator Thomas Dunn. Senate Bill 1620. Senator Fitzgerald. Senate Bill 1624. Senator Madigan. Senate Bill 1649. Senator Mahar. Senate Bill 1678. Senator O'Ma11ey. f Senabe Bill 1681. Senator Watson. Madam Secretary, read the bill. I
Senate Bill 1681. (Secretary reads tttle of bill) 3rd Reading of the bill. !
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Yes. Thank you, Mr. President. This piece of legislation is being introduced in behalf of Belleville Area Community College, and it allows the board of trustees of the college to continue to be elected by trustee districts following *he November f94 referendum with the State Conmunity College of East St. Louis. The i reason for thls is to allow their board to be elected by districts, and it references experimental community college district, of which East St. Louis is an experimental ccmmunity college currently. After this referendum in '94, they will not. This will just enable the college to continue to be able to elect individuals from districts.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Tf not, Senator Watscn moves that -- the question is, shall Senate Bill 1681 pass. Those in favor W111 vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have a11 voted who Wish? Have al1 voted Who wish? Take the record. On that question, there are 53 Ayes, no Nays, none voting Present. And Senate Bill 1681, having received the required constitutional majority, is declared passed. Senate Bill 1685. Senator Philip. Senate Bill... If you move to the top I 26 . STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994 i of page 10 of your regular Calendar, Senate Bills 3rd Readingr l I l Senate Bill 1690. Senator Maitland. Senate Bill 1691. Senator : DeAngelis. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: I I Senate Bill 1691. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS) Thank your Mr. President. Senate Bill 1691 has several elements. The first one is that -- if you Will recallr we passed a income tax credit for research and development, which had a sunset... Take it out of the record. PRESIDING OFFICER: (SENATOR DUDYCZ) On the Order of 3rd Reading, Senate Bill 1702. Senator Rauschenberger. Senator Rauschenberger. Senate Bill 1709. Senator Maitland. Senate Bill 1710. Senator Maitland. Senate Bi11 1717. Senator Dillard. Madam Secretary, read the bill. ACTING SECRETARY HAWKER : Senate Bill 1717. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard. SENATOR DfLLARD: Thank you; Mr. President, Ladies and Gentlemen of the Senate. This bill expands the Statewide Grand Jury powers to include an -- investigate and return indictments on streetgang activities and the unlawful possession of firearms. It's become very clear in the State of Illinois that there is a nexus between streetgang activity, narcotics and the unlawful or illegal trafficking of 27 . : i STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994 guns. I represent a district that encompasses three urban countles, and I believe We should give prosecutors the ability, in an urban setting with multiple jurisdictions, every tool available to cut through red tape and to indict and get to the bottom of streetgang activitiesr and that's What this bill tries to accomplish and hopefully Will accomplish. And again, it just expands the Statewide Grand Jury system to include streetgangs and illegal gun trafficking. And I vould appreciate a favorable vote. PRESIDING OFFICER: (SENATOR DUDYCZ) Any -- is there any discusslon? Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Just to -- to the Senator: Senator, this probably would have been a better bill to be ycur first bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Berman. SENATOR BERMAN: Question of *he sponsor. PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he Will yield. Senator Berman. SENATOR BERMAN : When we passed the Statewide Grand Jury, we did it with a very concentrated purpose. Has the State's Attorneys' Associatton of Illinois taken a position on this bill? PRESIDING OFFICER: (SENATOR DUDYCZ) Sena*or Dillard. SENATOR DILLARD: Senator Berman, I don't believe the State 's Attorneys' Association, per sey has taken a positionr but the local State's attorney would have to agree to the convening of this type of grand jury. PRESIDING OFFICER: (SENATOR DUDYCZ) 28 ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15# 1994 Senator Berman. SENATOR BERMAN: Thank you. Could you -- could you take me through, quickly, the -- What -- if this happens in your county, your State's I attorney would prosecute it. Under this bill, What's the role of ' your State's attorney in involvement in the grand jury -- Statewide Grand Jury process? PRESIDING OFFICER: (SENATOR DUDYCZ) ' Senator Dillard . SENATOR DILLARD: What happens, Senator Berman, as I understand it, is the I Attorney General would come in to ny local State's attorney and , say, ''I want to convene a Statewlde Grand Juryn, for the purpose of one of these -- one of these activities thatfs covered by the Statewide Grand Jury Aet. And my local State 's attorney would be involved with the Attorney General in petitioning the -- the : Supreme Court for the convening of such a grand jury. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Petka. SENATOR PETKA: Thank you: Mr. President. Will the sponsor yield for a question? PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Petka. SENATOR PETKA: Senator, do you knou Ehe number of tlmes that a Statewide Grand Jury has been utilized since the -- since we have authorized I the use of this crime-fighting tool? ' PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard. SENATOR DILLARD: I believe it's one time. . 29 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRAHSCRIPT 105th Legislative Day April l5y 1994
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.
Do you know the number of indictments that was returned by the Statewide Grand Jury in connection with that investigation?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
I do not know, Senator Petka.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka. Any further discussion? Senator Hall.
Thank you, Mr. President. Wll1 the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield . Senator Hall.
What part of the State of Illinois Was -- since you sald it's been done. didn't thlnk We ever had had one yet, but whereabouts was it?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
I don't know, Senator Hall. You know, there's Roland Burris is the Attorney General of the State of Illinois, and I thlnk you ought to ask him why he's only used this pcwer to -- to go afeer crimlnals one tlme.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hall.
Well, 1et me ask you this: Are you sure that it Was used one time?
PRESIDING OFFICER: (SENATOR DUDYCZ) 30 STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 i senator Dillard. I l
I don't know. Maybe it wasn 't used at all, but my -- by ! reliable information it's been used one time, and I do not know ! hoW many indictments Were actually returned.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hall. SENATOR HALL: ' This is a very deliberate Body here. And if you make that statement, I'm sure you would be aware that that actually happened. Now,Iask you againyWas itusedorwas it not used? ) PRESIDING OPFICER : (SENATOR DUDYCZ) I ! Senaeor Dillard.
Senator Hall, l do not knowr but by the end of the day, 1'11 cone and find you and 1et you know exactly hoW nany tines it was j ; used. But to my information, it Was used one tine.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hall.
Well, as responstble a Gentleman as you are, I'm sure that you -- and you just made that statement now, and I accept you on your word. But I -- I've been watching that. That cost a 1ot of people y especially downstatey that kere very upset about having a 1 Statewide Grand Jury. So that's the reason I've been Watchlng it. Soy 1111 anxiously await your reply. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) i Any further discusslon? Senator Geo-Karis. 1
Would the sponsor yleld for a question? PRESIDING OFFICER: (SENATOR DUDYCZ) j Sponsor indicateshewillyield. SenatorGeo-Karis. $ 1 31 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994
I understand that this -- the grand jury would have statewide jurisdiction but can only be convened with the consent of the I I State's attorney with jurisdiction over the offenses to be investigated . Is that correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
I believe that's correct, Senator, and I believe it was your bill that gave the -- a couple of years ago that gave the local State's attorney the ability or, for lack of a better word, veto power over this type of situation.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, Senator Dillard is quite correct. I fought that Statewide Grand Jury bill until my amendment could go on, which provided that the local State's attorney would have some control, because I didn't want the Attorney General running roughshod and going all over the place without -- without the proper -- proper rights to do so. I think now this is a good bill. We have to control the gangs. We've got to do something about these people who run around with illegal firearms, and I -- I think it's a very good bill. And the protections are in there' because although the grand jury has statewide jurisdictlon, it can only be convened with the consent of the State's attorney which has jurisdiction over the offenses to be investigated. And I certalnly urge a favorable report on this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Hendon.
32 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15# 1994 Thank you, Mr. President. Will the sponsor yield for question?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Hendon.
Senator Dillard, does this bill at al1 address the -- the influx of drugs that come into -- to the inner city?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
Senator Hendon, the original Statewide Grand Jury legislation, which is on the books today, is related to narcoticsz and that tool is already in placez but this goes to the -- to a couple of things that I believe are tied in to proliferation of drugs in our communities, and that's streetgang activity and also illegal gun trafficking that sometimes comes assaciated With narcotics and that type of activlty. But that's already on the booksr Senator Hendon.
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Hendon.
Wellr Senator Dillard, I -- understand and appreciate what you're doin: here, but I would like to see us really look at this problem in the right way. There would not be streetgangs involved in in drug trafficking and and gun trafficking if the narcotics were not allowed to come into thls State and cone tnto this country. So to -- to target the gangs alone is not the soluticn. We have to get serlous about preventing drugs from entering America, because crack cocaine and heroin is not grown here. And until we address that problem, we could pass a11 the bills in the World that goes after the -- the gangs and Ehe gang members, but it will mean absolutely nothingr because once *he 33 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994 narcotics land in America, you can forget about it not ending up in our communities.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If notr Senator Dillard, to close.
Thank you, Mr. Presldent, Ladies and Gentlemen. Just in closing, 1et me say that I believe that the Statewide Grand Jury power must be used judiciously. You cnly use it in certain types of offenses, but I think in today's society, we need to give our local prosecutors and the Attorney General of the State of ! Illinois every available tool to prosecute judiciously the types of crimes that are taking place, and streetgang activity is one of those, along with illegal gun trafficking. And I Would move for I passage of this legislation. Thank you. I I
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1717 pass. Those in favor Will vote Aye. Opposed Will vote Nay. And the voting is open. Have all voted who wish? Have al1 vcted Who wish? Have a11 voted who wish? Take the record. On that question, there are 46 Ayes, no Nays and 7 votln: Present. And Senate Bill 1717, having received the requlred constitutional majorityy is declared passed. Senate Bill 1724. Senator Mahar. Senate Bill 1728. Senator Madigan. Senate Bill 1730. Senator Hawkinson. On the top of page 11 of your regular Calendar, on the Order of Senate Bills 3rd Reading, Senate Bill 1733. Senator Maitland. Senate Bill 1751. Senator Barkhausen. Senate Bill 1755. Senator Maitland. Senate Bill 1757. Senator Weaver. Senate Bt11 1825. Senator Lauzen. Senate Bill 1832. Senator Watson. ...tmicrophone cutoffl...leave cf the Body, we shall return to page 6, Senate Bills on the Order of 3rd Reading. Senate Bill 1125. Senator Lapaille. Madam Secretary, read the bill.
34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislatlve Day April l5, 1994 Senate Bill 1125. (Secretary reads tltle of bill) ; 3rd Reading of the bill. ; I
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lapaille. SENATOR LaPAILLE: Thank you, Mr. President. I present Senate Bill 1125, Whlch came out of the Senate Judiciary Committee unanimously. What this seeks to do is to increase the criminal penalties on graffiti. Last year we signed a major anti-graffiti bill into law, and with that, we inadvertently lowered the amount of felony charges that can be charged against a criminal by damages. So what this does is just return back to the old law the staggered increases of the classes of felonies by the amount of damage that's done. So right now, a graffiti artist -- it doesn't matter if he comnits a three-hundred-and-fifty-dollar crime of graffiti or a three-hundred-and-ftfty-thousand-dollar crime, he's simply charged with a Class 4 felony, the lowest. This bill would put into the staggered effect, three hundred to a ten thousand, ten thousand; lt staggers it up where the highest you can get charged with would be a Class 2 felony if youdre comnitting damages in the hundreds of thousandsr which can easily be done when you're doing graffltl against CTA busesr elsr homesr businesses, et cetera. So all I'm simply trying to do is go back to the -- to the o1d 1aw which would put some teeth into the criminal provisions of our graffiti law here in the State of Illinois. The second part of the bill is the child lock provision, which was amended on by Senator Stern ln the Judiciary Committee. Agalnr that measure was unanimously approved by the Judiciary Committee, I believe. I would like now at this time to defer to the sponsor of that amendment, Senator Stern.
PRESIDING OFFICER: (SENATOR DUDYCZ) 35 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 Senator Stern.
Thank you, Mr. President, Members of the Senate. This anendment reproduces the Child Protection Act, Which passed out of here two years ago unanimously, 55 to nothing, and went out of the committee unanimously. What it requlres is that an individual who keeps a loaded handgun in a residence must have it either with a - - in a lockbox inaccessible to a child fourteen or less, or with a trigger lock. It is strictly a bill which protects ycungsters. And if you read the paper, you know that every day something occurs which is shockingr like a child killing another child, maiming another child, brlnging a gun to 'Show and Tel1' G and this bill simply protects children from themselves, and requires parents to be responsible this matter. I ask your Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Palmer.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she will yield. Senator Palner.
Senator Lapaille, just some clarification. The accordlng to our analysis, the Department of Corrections says that this bill would increase the prison population by three inmates per year with a cost of 45.8 thousand over five years. Could you speak about that, please?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lapaille. SENATOR LaPAILLE: I guess theydve done their projections, and I guess people that commit over three hundred clcse to -- let's see, damage exceeding a hundred thousand would be a Class 2 felony - three to 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 105th Legislative Day April l5r 1994 seven years in prison. I thlnk the cost is mlnimalr and I think we cannot afford the current graffitk law that is now lawv because we 're telling graffiti artists, ''It doesn't matter if you do three hundred dollars damage, ten thousand or a hundred thousand; you're only going to get charged with a Class 4 felony.'' Al1 I want to do ts bring it back to where we were a year ago, which said that the higher damage you do to a home, to a business, or to mass transit, you're going to -- you may spend time in jail.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Geo-Karis. SENATOR GEO-KARIS: i Will the sponsor yield for a questlon?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Geo-Karis.
Does your b111 apply not only to the Chlcagor but a11 over the State?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lapaille. SENATOR LaPAILLE: Statewide, Senator Geo-Karis.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Petka . Senator Petka.
Thank you, Mr. President. Will the sponsor of the amendment yleld, please?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor lndicates he will yield. Senator Petka.
Senator, the language that is used, or was used in the amendment talks about if the weapon was placed in a location that a reasonable person would believe to be secure from a minor. Can 37 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 you just cite, perhaps even for legislative intent, a couple of actions or a few actions that a firearm owner could take to -- that would, in your opinion, meet this requirement?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lapaille. i SENATOR LaPAILLE: i No . It's Senator Stern.
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Stern.
Yes, Senator Petkay I'd be happy to. It seems to me that puttlng a loaded handgun in a bedside table is not a place that a reasonable person would find inaccessible to a child under 1 fourteen. The lockbox provision is one that seems to me as i sensible. The trigger lock is another alternative that is possible. Not under the mattress. That is not a place where a sensible person would think it was lnaccessible. I think -- I think these things are relatively straightforward and plaln. The tcp shelf of the closet, I think, probably ls not inaccessible. 1
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.
If the person were to put it on the top shelf of a closet underneath, perhaps, the unused family bible and is covered with sweatshirts and the like, in your opinion, under your bill, would that be something a reasonable person would -- would do, to place I the -- and secure that weapon?
PRESIDING OPPICER: (SENATOR DUDYCZ) Senator Stern.
I don't thënk it's really appropriate for me to compare, I frankly. I hope you didn't say ''under the unused family bibled'. I 38 STATE OF ILLINOIS I 88TH GENERAL ASSEMBLX I REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5, 1994 j didn't understand that, did 1, Senator? I -- in any case, 1et me E say that ten states have this provision. It has shown a real 1 reduction in the nunber of child accidents in Florida, for instance, where it has been monitored. I don't think I can tell ! you that this place is appropriate and that place is not. I think I where a sensible person thinks it is inaccessible to a child under fourteen has got to be adjudicated, probably. : PRESIDING OFFICER: (SENATOR DUDYCZ) I ! Senator Petka. i
Thank you, Mr. President. I would llke to speak to the bill. It ls true that I supported this bill in committee, but I have to say that after 1, perhaps ln a weak moment, did that, I had some further reflection. When we talk about criminal justlce and prosecuting people and enhanced penalties, as required under this legislatlon, it has been a rule of criminal jurisprudence, dating back to statehood, that we have to define the crimlnal activity; that a person can open up a -- a Statute and take a look at the conduct that is to be prohibited. If the person does not understand what the -- that the conduct is to be prohibited, under Illinois law, any such -- any such Act Will be declared unconstitutional. Every person has an absolute rlght to know what conduct or what type of behavior might result in the person's loss of liberty. We are using terms which have been used in the civil 1aw - reasonable man standards, reasonable person standards - that have no application whatsoever in crimlnal law, so that people who are engaged in ordinarily innocent conduct can be punished. And I think that that is the crux of the argument. People who are engaged in ordinarily innocent conduct can be punished up to one year in jail. I think that what we need is to have a -- a series of actions or conduct which clearly define the type of conduct which will, in fact, result in the loss of liberty. But to use 39 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislatlve Day Aprll 15, 1994 civil standards in a criminal Statute, where a person can -- can lose his liberty after, perhapsz one of his children lost his lkfe, to me ks something that contravenes what our system of criminal justice should be. It is a Well-intentioned measure, but unfortunately, believe that it's going to fall short of constitutional protections.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Stern, to respond.
In response, Senator: This nqt an enhanced penalty. On the contrary, this has been reduced from a Class A mlsdemeanor, which it was in the Marovitz bill two years ago, to a Class C misdemeanor. And the reason for that was because in creatlng this kind of legislation, one can understand the heartache of a parent whose child has found a loaded gun and injured someone. We did not wish to make that overly punitive, and the Class C misdemeanor does not do the job that you describe. I think on the contrary, something like thirty days, is it not? I would like very much to see us protect the children of Illinois by passing this legislation today.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussicn? Senator Thomas Dunn.
Thank you, Mr. President. To the bill: Senator Petka may have a point as -- as to the constitutionality of a portion of the bill, bu* I think the -- the thrust of the bill ls to offer to the individual gun owner three chotces that he or she may use to protect a child under the age of fourteen in the residence or a guest in the residence. Remember that as your child goes from home to home, visiting and staying overnight, as a young child, this -- this is a prctection that hopefully is offered to your child as a visitor, not only to your child in your home. And the 40 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 1256h ZSMiSYZVVVQ RZY APVCY i5# i99Y 1 three choices are very simple: a trigger lock; a locked box; and : as a campromLse, to put it in a place Where tt's not reasonably expected that a child would be looking around in. I think those i are -- it's a reasonable effort to this solution. I vote -- or, I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? Senakor Hall. SENATOR HALL: ! Thank you, Mr. President. Will the sponsor yield for a question? ! PRESIDING OFFICER: (SENATOR DUDYCZ): Sponsor indicates he will yield. Senator Hall. SENATOR HALL: i I notice here the ISBA has made a number of attempts to get the State Police. They have to be one of the sponsors for thisr but they have considered it would be better for them to remain neutral. Did you ever find out why?
PRESIDING OPPICER: (SENATOR DUDYCZ) Senator Lapaille. SENATOR LaPAILLE: On what provision, Senator Hall? On the trigger lock provision?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hall. Senator Lapaille. Senator Lapaille defers to Senator Stern. Senator Stern.
Thank you for deferring to me, Senator Lapaille. I don't know the answer, Senator Hall. I'm sorry.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not: Senator Lapaille, to close. SENATOR LaPAILLE: Thank you, Mr. President and Ladies and Gentlemen of the 41 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April l5r 1994 , Senate. I would encourage a Yes vote for Senate Bill 1125. Number one, as we said, if you want to put criminal teeth back lnto our graffiti law here in Illinols, this is the bill that you would be voting for. And if you want to allow some additional protection for children -- only yesterday on the news, we saW a child bring a gun to school in Denver, I believe, shoot himself or, I believe, shoot a classmate. Perhaps if this Was the law in Denver, that may have not happened because that child would not have been able to grab that gun, and if he did, he would not have been able to pull the trigger. I ask for a Yes vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question isr shall Senate Bill 1125 pass. Those in favor wil1 vote Aye. Opposed witl vote Nay. And the voting is open. Have a11 voted who wlsh? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 36 Ayes, 11 Naysr 1 voting Present. And Senate Bill 1125, having received the required constitutional majorityr is declared passed. Senator Philip, for what purpose do you rise?
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I would ask leave to have Senate Bill 1689 be referred back to Rules Committee.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Phillp asks leave that Senate Bill 1689 be re-referred back to Rules Committee. Hearing no objectiony leave is granted.
Secondly, I Would ask leave to change sponsorship on Senate Bill 1705 from myself to Senator Dillard, and myself as a hyphenated cosponsor.
PRESIDING OEFICER: (SENATOR DUDYCZ) Hearing no objectlon, leave is granted. Senator Watson, for what purpose do you rise? I 42 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT E 105th Legislative Day April 15, 1994 ! I SENATOR WATSON: Yes, thank you. For an announcement. I'd like to announce that the Education Committee will meet next Tuesday at 11 a.m. in the Stratton Office Building in Room A-1. Educakion Commlttee, Tuesday, 11 amm . Thank you, PRESIDING OFFICER: (SENATOR DUDYCZ) k If you turn to page 15 of your regular Calendar: we will be going to the Order of Conference Committee Reports, at the request of the sponsor. On page 15, Conference Ccmmlttee Report. Madam Secretary, do you have a file on Conference Committee Report on i Senate Bill 4057 I ACTING SECRETARY HAWKER: First Conference Committee Report on Senate Bill 405. I PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rea. SENATOR REA: Thank youz Mr. President. I Would move to nonconcur With Conference Committee Report 1 of Senate Bill 405. PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, the question isz shall the Senate adopt the Conference Committee Report on Senate Bill 405. Those in favor w111 vote Aye. Opposed W11l vote Nay. And the voting is open. Have a11 voted who Wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. 0n that question: the Ayes are 20, the Nays l1, 2 voting Present. The Conference Committee Repcrt is not adopted, and the Secretary shall so inform the House. House Bills 1st Reading. SECRETARY HARRY: House Bill 141. (Secretary reads title of bill) It's offered by Senator Fawell, as is House Bill 210. . (Secretary reads title of bll1) . ' j 43 L. -- - -- - STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 1994 Senator Toplnka offers House Bill 405. (Secretary reads title of bill) House Bill 457, by Senator Fawell. (Secretary reads title of b1ll) House Bkll 2360, by Senator Jacobs. (Secretary reads title of bill) And Senators Ralph Dunn and O 'Daniel offer House Bill 2631. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DUDYCZ) We will now -- we will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body... Resolutions.
Senate Resolutton 1268, offered by Senator Stern. Senate Resolution 1269, by Senator Demuzio. Senate Resolution 1270, by Senator Hall and a11 Members. Senate Resolution 1271, by Senator Petka. And Senate Resolution 1272, by Senator Sieben. They 're al1 congratulatory or death resolutionsr Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Consent Calendar. Now We Wi11 -- we will go to the Order of Resolutions Consent Calendar. With leave of the Body, a11 those read today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolution on the Consent Calendar?
Mr. President, Senators Collins, Smith, Palmerr Stern and Severns have filed an objection to the placement of Senate Resolution 1238 on the Consent Calendar.
PRESIDING OFFICER: (SENATOR DUDYCZ) Pursuant to Senate Rules, those shall be removed. Any discussion? If not, the question: Shall the resolutions on the 44 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 105th Legislative Day April 15, 1994 Consent Calendar be adapted? At1 those in favor, say Aye. Opposed, Nay. The motion carries, and the resolutions are adopted. For the information of the Membership, those Who Will be driving out of Springfield, going northbound, the Chair is being informed that Perry <sic> Road has been closed, exiting Springfield. So it is recommended that those driving your vehicles, going North on 1-55, go to Clearwater <sic> and take Clearwater to 1-55. I beg your pardon - Peoria Road. Peorka Road is closed. Take...tmachine cutoffl... Take a helicopter. Peoria Road is closed. Take Clear Lake to 1-55 North. Senator Hall, fcr what purpose do you rise? SENATOR HALL: Thank you, Mr. President. Well, since the highways and roads are bad, I Would suggest that we should adjourn forthwith, because we're going to have trouble getting hone. PRESIDING OPFICER: (SENATOR DUDYCZ) Shortly your request will be granted, Senator. We still have a little a little business to do in the Senate. A11 right. Pursuant to the adjournment resolution, and having effectively concluded our buslness for the -- for the day and the week, Senator Geo-Karis moves the Senate stand adjourned until noon, Tuesdayr Aprll 19th, 1994. We are adjaurned. 45 ! REPORT: TIFLDAY STATE OF ILLINOIS 9R/11/04 PZGE: 001 88TH GENERAL ASSEHBLY 11:01:13 SENATE DAILY TRANSCRIPTION OF DEBZTE INDEX àPRIL 15, 199% HB-01V1 FIRST READING HB-0210 FIRST READING HB-0V05 FIRST READING HB-0R57 FIRST READING HB-ORTR SECOND REàDING HB-112R SECOND REàDING HB-2360 FIRST REZDING H8-2631 FIRST READIMG SB-0)05 CONFERENCE SB-1125 THIHD READING SB-11V7 SECOND READIMG sB-1182 THIRD READING SB-1211 SECOND READING :8-1228 SECOND READING 58-1251 THIRD REâDIMG 58-1297 THIRD READING 58-1299 SECOND READING 58-1339 SECOND READING 58-1352 SECOND REàDING 58-1366 SECOND READING SB-13:% THIRD REâDING SB-1R27 THIRD READING SB-1M48 THIRD READING sB-1R68 THIRD READING SB-1RT3 SECOND READING SB-1513 RECALLED SB-15V6 SECOND REZDING SB-1560 SECOND READING 58-1579 SECOND READING SB-159V SECOND READING SB-1681 THIRD READING 58-1682 SECOND READING 58-1689 OTHER SB-1691 0UT OF RECORD SB-1705 OTHER SB-1716 SECOKD REâDING 3B-1717 THIHD READING SB-17M7 SECOND READING SB-1754 SECOND REâDING SB-1T56 SECOND REàDING :8-1758 SECOND READING 58-1759 SECOND READING 58-1760 SECCND REâDING sB-1761 3ECOND READING 58-1762 SECOND READING 58-1763 SECOND REâDIMG sB-176M 8ECOND REâDING 58-1765 SECOND REZDING s8-1767 SECOND READING 58-1768 SECOND REâDING 58-1769 SECOND REàDING 88-1770 SECOND READING 58-1772 SECOND READING :8-1774 SECOND REâDING 58-1775 SECOND READING SB-1777 SECQND BEADING 58-1778 SECOND REâDING 58-1779 SECOMD READING SB-1780 SECOND BEADING sB-1781 SECOND REâDING 58-1783 SECOND READING 58-1795 SECOND READING SB-1T96 SECOKD READING 58-1797 SECOND READING REPORT: TIFLDZY STATE OF ILLINOIS 9V/11/0V PAGE: 002 88TH GENERZL âSSEHBLY 11:01:13 SEKATE DàILY TRâNSCRIPTICN OF DEBâTE INDEX APRIL 15, 199: SB-1798 SECOND READING PZGE 12 SB-1801 SECOND READING PAGE 13 SB-1802 SECOND REZDING PZGE 13 5R-1238 DISCUSSED PAGE R% SR-126R RESOLUTICN OFFERED PAGE 2 5R-1265 RESOLUTIOK OFFERED PAGE 2 5R-1266 RESOLUTION OFFERED PAGE 2 5R-1267 RESOLUTION OFFERED PZGE 2 5R-1268 RESOLUTION OFFERED PZGE VV SR-1269 RESOLUTION OFFERED PAGE VV SR-1270 RESOLUTION OFFERED PAGE VR SR-1271 RESOLUTION OFFERED PACE VV SR-12T2 RESOLUTICN OFFERED PAGE VR SUBJECT MATTER SEKATE T0 ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-REVEREND FREEHAN PAGE 1 JOURNALS-APPROVED PAGE 1 JOORNALS-POSTPONED PâGE 1 COMMITTEE REPORT PZGE 2 RESOLUTIOMS CONSENT CALENDAR-ADOPTED PAGE VR ADJOURNMEMT PZGE :5 I I N