The regular Sesslon of the 89th General Assembly please come to order. Will the Members please be at their desks, and w1l1 our guests in the galleries please rtse. Our prayer today witl be given by Father Rurt Ohlsen, Saint Richard 's Episcopal Church, Chlcago, Illinois. Father Ohlsen.
(Prayer by Father Rurt Ohlsen)
A11 please rise for the Pledge of Allegiance, 1ed by Senator Steben.
(Pledge of Allegiance, led by Senatcr Sieben)
Reading of the Journal. Senator Geo-Karls.
Mr. President: I move that reading and approval of the Journal of Tuesdayy April 18th, in the -- in the year 1995, be postponed, pending arrtval of the prlnted Journal.
Senator Geo-Karis moves to postpone the readlng and the approval of the Journal, pending the arrival of the prlnted transcript. There being no objection, so ordered. Committee Reports.
Senator FaWell, Chair of the CommitEee on Transportationg reports Senate Bills 395, 524, 559, 708, 776, 1039 all Do Passr as Amended. SenaEor Cronin, Chair of the Committee on Education, reports Senate Bills 265, 656, 710, 1034 and 1115 Do Pass; and Senate Bills 802, and 998 Do Pass, as Amended. Senator Siebenr Chair of the Committee on State Government ) ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 Operaticns, reports Senate Bill 1200 Do Pass; and Senate 3tll 1139 Dc Pass, as Amended. And Senator Klemm , Chair of the Commlttee on Local Government and ElectLons, reports Senate Bills 788, 820, 823, 824 and 1197 Do Pass; and Senate Bills 256, 412, 478, 586: 636, 706, 788, 949 and 1067 Do Passy as Amended. PRESID:NG OFFICER: (SENATOR WEAVER) Messages from the House.
Message from the House by Mr. McLennand, Clerk. President - I am directed to inform the Senate that the House Representatives has passed bills of the following titles, in the passage of which am instructed to ask *he concurrence of the Senate, to wlt: House Bills l6, 553, 573, 629, 868, 897, 1212, 1458, 1498, 1698, 1486, 1510, 1699: 1800, 1843, 1968, 1969, 1977, 2181, 2346: 1246 and 2094. All passed the House, April l8kh, 1995.
PRESIDING OFFICER: (SENATOR WEAVER) House Bllls lst Readlng.
House Bill 956, offered by Senator Bernan. (fecretary reads title of bill) House B1l1 1246, by Senator Karpiel. (Secretary reads title of b1l1) Senator Weaver offers House Bill 1473. (Secretary reads title of b111) House Bill 1474, by Senator Weaver. (Secretary reads title of bill) And House Bill 1969, by Senator Madigan. (Secretary reads title of bill) lst Reading of the bills. 2 STATE OF ILLINOIS 89TH GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19, 1995
PRESIDING OFFICER: (SENATOR WEAVER) We 'll go to page 2 on the Calendar, Senate Bklls 2nd Reading. would hope that the Members would move these bills if they 're ready. Senator Butler, on Senate Bill 320? Do you wish to move the bill? House Kstc> Bilks 2nd Readinç, page 2. Senate 3il1 320. Senator Siebeny on Senate Bil1 3362 the record. Senator oh! That's a fiscal note. Excuse me. Senator Woodyard, on 448. Do you wlsh to move the bill? Read the bill, Mr. Secretary.
Senate Bill 448. (Secretary reads title of bill) 2nd Readin: of the bill. The Committee on Agriculture and Conservation adopted Amendment No.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Woodyard.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyardy to explain the amendment.
Yes. Thank you, Mr. President. I hope Ilm on the rlght amendment here. This there this bill deals with -- with, eventually, remediation and monltorin: and cleanup on chemical fertilizer plants. It has -- thls Floor Amendment No. 2 is rekatively an asreement between EPA, Department of Agriculture and the Chemical Fertilizer Dealers' Company. 1'11 to -- to go into the amendment a little more if you like, but a 1ot of thls ls elean-up language. And I will tell you that at this pcint in timer the Illinois Farm Bureau is not totally in support of this. We feel We want to go ahead and move this to 3rd Readins and 3 STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 probably even move it out of the Senate, where the amendment has already been drafted for the House that would -- would certainly take care of Farm Bureau's concern and move it on from there. And would move for adoption of Amendment No. 2.
PRESIDING OFFICER: (SEHATOR WEAVER) Is there discussion? not, a1l favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment's adopted. Any further amendments?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Chicago Tribune has asked permission to tape -- take pictures. Is there leave? Leave is granted. Senator Maitland , on 4597 Read the bill, Mr. Secretary . SECRETARY HARRYI Senate Bill 459. (Secretary reads title of bill) 2nd Readlng of the b111. The Committee on Environment and Energy adopted Amendment No.
PRESIDING OFFICER: (SENATOR WEAVER) Are there amendments -- Floor amendments approved for conslderatlon?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Is there leave to return ho 501, 502, 503, (50)4: and (50)5? Leave is qranted. Senator Thcmas Dunny on 506? Read the bill, Mr. Secretary.
Senate Bill 506. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and 4 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leglslative Day April 19, 1995 Licensed Activities adopted Amendments l and 2.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. Presldent.
PRESIDING OFPICER: (SENATOR WEAVER) 3rd Reading. For what purpose does Senatcr Donahue arlse?
Welly thank you: Mr. President. I would rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR WEAVER) State your point.
Thank you. I Will do it very briefly. In the President's Gallery todayr we have some friends that are visiting here from the country of Ireland, and I Would just -- they're here to see tbe Lincoln sites and how the Senate operates, and I'd like to have them rise and be recognized.
PRESIDING OFFICER: (SENATOR WEAVER) Wtll our guests please rise. There's been a request to ask what county in Ireland? You know, Senator Donahue? She doesn't know. Senator Fawell, on 539?
County Down.
PRESIDING OPPICER: (SENATOR WEAVER) CounEy Down. Out of the record, 539. Senator Woodyard, on 5437 Read the bill, Mr. Secretary.
Senate Bikl 543. (Secretary reads title of bill) 2nd Reading of the bill. The Com ittee on Agriculture and 5 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANECRIPT 34th Legislative Day Aprtl 1995 Conservation adopted Amendment No.
PRESIDING OFFTCER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
Nc fureher amendments reported.
PRESIDING OPFICER: (SENATOR WEAVER) Reading. 584, Senator Woodyard? Read the bill, Mr. Secretary. SECRETARY HARRY; Senate Bill 584. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Donahue, on 6117 Out of the reeord. Senator Thomas Dunn, on 664? Out of the record. Senator Woodyard, on 6797 Do you Wish to advance the bill, Senator Woodyard? 679? Read the bill, Mr. Secretary.
Senate Bill 679. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) Are there any amendments from the Floor?
Amendment No. 1, offered by Senator Karpiel.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel, to explain the amendment.
Thank you, Mr. President. Ilm sorry I wasn't in my seat. Thls amendment simply adds -- simply adds two circuit judges to 6 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leglslatlve Day April l9, 1995 the -- I believe the Sixteenth Circuit.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall the Senate adopt amendment to 679. A11 in favorr signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment's adopted. Any further amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator Ralph Dunn, on 718? Do you wlsh move the bill? Do you wish to move the bill? Read the bill, Mr. Secretary.
Senate Bill 718. (Secretary reads tttle of bkll) 2nd Reading of the bill. The Committee on Higher Education adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator -- Senator Garcia asks leave to handle 700 for Senator Shadid. Is there leave? Leave is granted. Do you Wigh to move the bill, Senator? Read *he blll, Mr. Secretary.
Senate Bill 700. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 7 STATE OF ILL:NOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 34th Legïslatîve Day Aprtl l9, 1995 i 3rd -- 3rd Reading. Senator Lauzen, on 7257 Ou* of the record. Senator Woodyard, on 728? Read the bill, Mr. Secretary .
Senate Bill 728. (Secretary reads title of bkll) 2nd Reading of the bill. The Committee on Transportation adopted Amendment No. 1.
PRESIDING OPFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator Maitland , on 731? Out of the record . 749? Read the b ill , M r. Secreta ry .
Senate Bill 749. (Secretary reads title of bill) 2nd Reading of the btll. No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR WEAVER ) 3rd Readlng . Senatcr Lauzen , on 760:/ Senator Lauzen? Out of the record . Senator Maitland , on 761? Read the b L1l , Mr . Secretary .
Senate Bill 76l. (Secretary reads title of bll1) 2nd Reading of the bill . No committee or Floor amendments .
PRESIDING OFFICER : (EENATOR WEAVER) 3rd Reading . Senator Barkhausen: on 777? Read the bi11 , Mr . Secretary .
Senate Bill 777. 8 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19, 1995 (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Ccmmerce and Industry adopted Amendment No.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments repcrted.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Hawkinson, 7827 Out of the record. Senatcr Butler, 7937 Nead the bill, Mr. Secretary.
Senate Bill 793. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Lauzen, on 798? Out of the record. Senator Maitland, on 808? Read the billr Mr. Secretary.
Senate Bill 808. (Secretary reads title of bill) 2nd Reading cf the bill. No committee or Flcor amendments.
PREGIDING OPPICER: (SENATOR WEAVER) 3rd Reading . Senator Raica, on 816? Out of the record. Senator O'Malley, on 832? Read the bill, Mr. Secretary.
Senate Bill 832. (Secretary readq title of btll) 2nd Readin: of the bill. No committee or Floor amendments.
PRESIDING OPPICER: (SENATOR WEAVER) 3rd Reading. Senator Cronin, on 843? Read the blll, Mr. Secretary. 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995
Senate Bill 843. (Secretary reads title of bill) 2nd Reading of the b111. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR WEAVER) ! 3rd Readlng. Senator Molaro: on 854? Out of the record. Senate Bill 885. Senator Severns. Read the bill, Mr. Secretary.
Senate Bill 885. (Secretary reads title of bill) 2nd Reading of the bill. No commlttee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Severns.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns, to explain the amendment.
Thank you, Mr. Presldent, Members of the Senate. Thls ls the statutorily requlred payout for the widow of Senator Hall. I would move for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Al1 in favor, signify by saying Aye. Opposedr Nay. The Ayes have it. The amendment's adopted. Are there further amendments?
No further amendments reported.
PRESIDING OFFICER: (;ENATOR WEAVER) 3rd Reading. Senator Klemm, On 951? Read the bill, Mr. Secretary. SECRETARY HARRY: . Senate Bill 951. 1 I 10 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislatlve Day April 19, 1995 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Gcvernment and Elections adcpted Amendment No .
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OPPICER: (SENATOR WEAVER) 3rd Reading. For What purpose does Senator Maitland arise?
Thank you very muchr Mr. President and Members of the Senate. In the President's Gallery, off to my right, aJe a group of Bloomington High Schaol students, With their with their teacher: Mr. Stan Otto: Chris Corcory: Erin Fishbach and Emily Mueller. like to them to rise and be recognized by the Senatey if they would, please.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger, on 9917 Read the bill, Mr. Secretary.
Senate Bill 991. (Secretary reads tltle of bill) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted Amendment No. 1.
PRESIDING OPFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
Amendment No. offered by Senator Rauschenberger.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger, to explain the amendment.
11 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll 19, 1995 Floor Amendment No. 2 is a Eechnical amendment. Corrects a drafting error. IId move its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, a1l in favory signify by saying Aye. Opposed, Nay. The Ayes have The amendment's adopted. Are there further amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readlng. Senator Croninr on 1019? Read the bill, Mr. Secretary.
Senate Bill 1019. (Secretary reads title of bill) 2nd Reading of the bill. No eommittee or Floor amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Raiea, on 1033? Read the billr Mr. Secretary.
Senate Bill 1033. (Secretary reads title of bill) 2nd Reading of the btll. No eommittee or Floor amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Fawell, on 1080? Senator Fawell? Out of the record . Senator Petka: on 1100? Read the bill, Mr. Secretary.
Senate Bill 1100. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Ploor amendments. PRESIDING OFFICER; (SENATOR WEAVER) 3rd Reading. STATE OF :LLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995
PRESIDING OFFICER: (SENATOR MAITLAND) Ladies and Gentlemen, I could have your a**ention, please. We have some very special guests With us this afternoon. We have the Class A Ments Basketball -- State Basketball Champions with us U-gigh of Normal. Their coach, Ca1 Hubbard, thelr players and staff and -- and cheerleaders. I'm delighted to welcome them here. They represented thelr school extremely well, represented the State very well. I'd like to introduce to you Coach Cal Hubbard, who would be happy to introduce all the players and -- and cheerkeaders and staff to you. Coach Hubbard.
(Introduces State champtons, cheerleaders: and staff)
PRESIDING OFFICER: (SENATOR MAITLAND) A11 right. Ladies and Gentlemen, Senate Btlls 2nd Readins, bottom of page 6: Senate Bill 1106. Senator Weaver. Read the bill, Mr. SecreEary.
Senate Bill 1106. (Secretary reads tltle of bill) 2nd Readlng of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 1107. Senator Weaver. Read the billr Mr. Secretary.
Senate Bill 1107. (Secretary reads title of bill) 2nd Readins of the bill. No commlttee or Floor amendments.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Readinç. Senate Bill 1129. Senator Dillard. Read the billr Secretary.
Senate Bill 1129. 13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 (Secretary reads title of bill) 2nd Readlng of the bill. The Committee on Judiciary adcpted Amendment No.
PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any other Floor amendments approved for considerationr Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Readlng . Senate Bill 1152. Senator Rauschenberger. Senator Rauschenberger on the Flcor? 1152? Senate Bill 1205. Senator Barkhausen. Read the bill, Secretary.
Senate Bt1l 1205. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce and Industry adopted Amendment No.
PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 1206. Senator Barkhausen. Al1 right. Earlier Senator Weaver requested leave to return to Senate Bills 501, 502. 503, when he was the Chair. Is leave granted? Leave granted. On the Order cf 2nd Reading, bottom cf page is Senate Bill 501. Senator Weaver. Read the billy Mr. Secretary.
Senate Bill 501. (Secretary reads title of bill) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll 19, 1995 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 502. Senator Weaver. Read *he btlly Mr. Secretary.
Senate Bill 502. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted Amendment No. 1.
FRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading . Senate Bill 503. Senator Weaver. Read the bill, Mr. Secretary.
Senate Bill 503. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted Amendment No .
PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Readtng. Senate Bill 504. Senator Weaver. Read the billr Mr. Secretary.
Senate Bill 504. 15 STATE OF ILLINOTS 89TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 34th Legtslative Day April 19; 1995 (Secretary reads title of bll1) 2nd Readin: of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading I'm sorry. Have there been any Floor amendments approved for conslderation?
Amendment No. offered by Senator Rauschenberger.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger.
Thank ycu. like to move adoption of Floor Amendment No. 1 to Senate Bill 504. This btll adds -- this amendment takes the capital recommendations for the Governor's budget and amends it into Senate Bill 504.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? there discussion? Senator Rauschenberger has moved the adoption of Floor Amendment No. 1 to senate Bill 504. Those in favor, say Aye. Opposed, Nay. The Ayes have lt, and the amendment ls adopted. Any furEher Ploor amendments approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 505. Senator Weaver. Read the bill, Mr. Secretary.
Senate Bill 505. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Ladles and Genèlemen, if could have your attention, please. At this time like to recognize Senator Art STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19, 1995 Berman for some -- for some special remarks this afternoon. Senator Berman.
Thank you. Ladies and Gentlemen of the Senatez cogld have your attention for a few moments. This morning at 11 o'clock, we had our annual commemoration of the Holocaust at the Old State Capitol. The Governor, who recently returned from a trip Israel and other Mideast countries, was there and gave a very eloquent presentatlon. We were also joined by the Lieutenant Governor and by our former colleague, the new State Treasurer. I wanted to share With a1l of you a few Words that were shared with us this morning at the memorial servtce. One of the presenters was a gentleman who I have known for many years, a gentleman by the name of Ira Miller. And just as a year or two ago, We had a presentation by Dick Lockhartr who many of you know as a very effective lobbyist. These are people that you know, who you seer and until the Holocaust remembrance service, personally, was not aware of their connection to the Holocaust. Dick Lockhart Was enjailed in a concentration camp as a Amertcan soldier during the Nazi regime. And Ira Miller told today about how he, as a member of the United States Tank Corps, was part of the group that went to *he gate of the Buchenwald concentration camp fifty years ago this year, 1945 the fiftieth year of the liberation of the concentration camps. And he was the Tank Corps that Went Buchenwald and opened the gates and saw the people that were tmprisoned in Buchenwald. And what he satd was one of the things that he saw, as they walked through the gatesp was a stack of what he thou:ht - first impression - was cordwood stacked up. But it wasn 't cordwood. It Was bodies. Bodies on top of badies. He saW large holes that the inmates that were still alive told him that they were instructed that With the allled forces comlng to liberate Buchenwald, that the lnmates were ordered to dig holes so STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9y 1995 that there would be a place for those few remaininq inmates to be killed and dropped intc. For fifty years, Mr. Miller saysr every day he remembers that day at Buchenwald. The openlng prayer today uas delivered by a Rabbi Mlchael Arsers Congregatlcn Anshai Emeth in Peorla, and wanted to just read a paragraph of his opening comments. ''Yet, we are gathered here today to honor the memory of those who died. We cannot long keep silene. We must tell the story again and again: to never let the memory of those who perished dte. We shall recall the story of every human being whose life was brutally taken from them. We will forever hear the screams of chkldren pulled away from their parents and sent to the crematoria. We will forever hear the moans of men and women who uere worked and starved to death. We will forever bear in our souls the agony of human belngs, of mothers and fathers, and sons and daughters, who were tortured and experimented upon. We wlll forever remember the sufferlng every, single victim of the Nazi persecutlon, whether Jews or Gypsies: the handicapped or the mentally illr because none of them deserved their horrible fate, because all of them cried out for help but were left alone. Our fate is to remember unkil the end of time itself.'' And, fellow Senators, in clostng, 1et me repeat the inscription on the walls of a cellar in Cologner Germany, where Jews were hidden from the Nazis. And on the wall said, ''l belleve in the sun, even When it is not shintnq. believe in love, when feeling it not. I believe in God, even when he ts silent.'' Thank youz Mr. President.
PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator Berman. right. Ladies and Gentlemen, kop of page 7, ignate Bills 3rd Reading. Qh. I'm sorry. Paqe -- top of page 9. senate B:ll 758. Senator Mahar.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Ralph Dunn, on Senate Btll 7633 Roll the bill, Mr. Secrekary. 18 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislatlve Day April l9r 1995
Senate Bilt 763. , I (Secretary reads title of bill) I 3rd Readlng of the blll. .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn.
Thank you, Madam President and Members of the Senate. Senate Bill 763 applies to employees of Correctlons whc request a leave of absence, to -- allows them to request a leave of absence wlthout pay if he or she is elected to a 1aw enforcement position. This bill was brought about by a fellow in my dlstrict elected sheriff. Had been a Department of Correctlons member and he had been given to understand -- or thought he had been given to understand itr had he -- if he got elected, he would be granted a leave of absence. And after election, why, it was denied and -- and this is -- will help straighten that matter out. I appreciate a Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any questlons? Are there any questlons? Seeing noner the questlon is, shall Senate Bill 763 pass. Those in favor will vote Aye. Opposed, Nay. The votin: is apen. Have all voted who wish? Have alt voted who wish? Have all voted who wish? Take the record. On that question: there are 57 Ayes, no Nays, none voting Present. Senate Bill 763, having received the required constitutional majorlty, ls declared passed. Senator Madlgan, on Senate Bill 766? Senator Philip, on Senate Bill 772? Senator Barkhausen, on Senate Btlt 774. Read the btll, Mr. Secretary. l sccRETAay HARaz: 1 Senate Bill 774. l (Secretary reads title of bill) I I 19 . (. ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 I 3rd Reading of the bill. l I
PRESIDING OFFICER: (SENATOR DONARUE) Senator Barkhausen.
Thank you, Madam President and Members. Senate Bill 774 ls a product of local governmental activity ln my area where three communities - Highland Park and Highwood and Lake Forest - are attempting to help promote the redevelopment and preservation of the Fort Sheridan Army Baser which has been closed by the Army and which has been the subject of much planning - some cf it quite frustrating - over the last flve years. This bill was passed unanimously in the Senate Local Government Committee to create a Fort Sheridan Redevelopment Commission and to glve lt certain powers that the commissicns -- the legtslation's authors felt would not exist simply by these three communities adopting an intergovernmental agreement. The b111, I -- I -- I think, may need a slight technieal amendment, but it otherwise has -- there are no problems with it, and that can easily be done in the House. So I would ask for your support of the legislation at this time and would otherwise be glad to answer any questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Senator Geo-Karis.
Madam President and Ladies and Gentlemen of the Senatez I had asked Senator Barkhausen if there Nas any power of condemnation ln this billy and I believe he tald me there was. When I signed on, I wasn't aware of it, and I Wonder if he could take it cut of the record, because I would llke to see an amendment on it that you and l talked aboutr Senator Barkhausen.
PRESIDING OFFICER: (SENATOR DONAHUE) senator Barkhausen.
20 . l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 I Senator Geo-Karts is correct. She and I talked about the -- I the condemnation powers, which it's very unlikely that the ' Commtssion would -- would use. As I sayr I think the bill needs to ; be amended anyway 'in the -- in the -- tn the Eouse: and that would I be -- that would be my preference, since the bill -- otherwise there are no problems with it, and as I say, it passed unanimously in committee.
PRESIDING OPFICER: (SENATOR DONAHUE) Senator Geo-Karis.
Madam Fresident aad tadtes and Gentlemen of the Senater then I'd like to have my name removed as a cosponsor from it, because I cannot support the blll the way it is: With the power condemnatlon ln it.
PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Further discussion? Senator Barkhausen, to close.
I'd simply ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DONAHUE) The question isy shall Senate Bill 774 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 vaEed who Wish? Have alL voted wbo wish? Have al1 voted Who wish? Take the record. On that question, there are 46 Ayes, l Nayr 7 voting Present. Senate Dill 774, having received the required constitutional majority, is declared passed. Senator Syverson' on Senate Bill 804. Senator Syverson? Read the blll, Mr. Secretary.
Senate Bill 804. (Secretary reads ti*le of bil1) 3rdReadingofthebill. 1 PRESIDING OFFICER: (SENATOR DONAHUE) I i 21 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 34th Legtslative Day Aprll 19, 1995 i Senatar Syverson. / SENATOR SYVERSON : ! Thank you, Madam Chalrman. Senate Bill -- Madam Presldent. Excuse me. Senate Bill 804 anends the Insurance Code. It -- it implements some of the federally mandated provisions of the OBRA Act of 693. Baskcally the bill just requires that employers, insurance carriers, HMOs, et cebera, would be required to enroll noncustodial -- the parents of noncustodial children Ksic> in their health insurance plan, thus takinq them off of Medicaid. I'm happy to have Senator Smith as a cosponsor. I know of no opposttion to this bill. Be happy to answer any questions. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any further dlscussion? Seelng none, the question is, shall Senate Bill 804 pass. Those in favor Wll1 vote Aye. Opposed, Nay. The vottng is open. Have all voted Whc wtsh? Have al1 voted who wish? Have all voted who wisb? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. Senate Bill 804, having received the required constitutional majority, is declared passed. Senator O'Malley, on Senate Bill 8057 Senator Pitzgerald, on Senate Bill 810? Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 810. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald. SENATOR PITZGERALD: Thank you, Madam Presidenty Ladies and Gentlemen of the Senate. Senate Bill 8l0 simply allows physicians to practice in limited liability ccmpanies. It amends the Medical Practice Act to nake changes that provide for that. The Limited Liability 22 ' . ) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legtslative Day April 19, 1995 I Company Act would already allow for that. We just need to make some technical corrections to the Medlcal Practice Act to 1 accomplish 1t. Thank you. PRESIDINGQFFICER: (SENATORDONAHUE) 1 Any further discusslon? Any further discussion? Seeing none, the question is/ shall Senate Bill 8l0 pass. Those (n favor will vote Aye. Opposedf Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that questlon, there are 57 Ayes, no Nays, none voting Present. Senate Bill 810, having received the required constttutlonal majority, is declared passed. Senator Geo-Karts, for what purpose do you rise?
Madam President and Ladles and Gentlemen of the Senate, I want to disclose that I do represent medlcal people and I -- I voted my consclence. I just want the record to show it.
PRESIDING OFFICER: (SENATOR DONAHUE) Record Will show that, Senator Geo-Karis. Senator -- Senator Demuzio, for what purpose do ycu rise?
Thank you. On the vote before last, Senator Shadid was voted by -- in error. His key was turned off yesterday because he's absent on government business, as he is today. I want the -- record to reflect it was in -- in error.
PRESIDING OFFICER: (SENATOR DONAHUE) The record will so reflect, Senator Demuzio. Senator Fitzgerald, on Senate Bill 8117 Read the bill, Mr. Secretary.
Senate Bill 811. (Secretary reads title of b1l1) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) I 23 ' r. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 Senator Fitzgerald .
Xes. Thank you; Madam President, Ladies and Gentlemen of the Senater Senate Bill 8l1 amends the Code of Civil Procedure to delete current lag language which specifies the duties of the Director of the Department of Insurance under this Section. provides that the Director shall establish rules and procedures necessary to implement this Part
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any further dtscussion? Seeing none, the questioa is, shalt Senate Bill 8ll pass. Those in favor will vote Aye. Opposed r Nay . The voting is open. Have a11 voted who wlsh? Have all voted who Wish? Have all voted Who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 811, having received the required constitutional majority, is declared passed. Senator Syverson, cn Senate Bill 821? Senator Syverson, on 821? Senator Geo-Raris, on Senate Bill 8307 Senator Fitzgerald, on Senate Bill 831? Read the bill, Mr. Secretary.
Senate Bill 831. (Secretary reads title of bill) 3rd Readtng of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald.
Thank you, Madam President. Senate Bill 83l amends the Pharmacy Practlce Act to provide that the twc dollars and fifty cents of a pharmacy technician's license reneWal fee shall be deposited into the Pharmacy Dlsciplinary Fund for support of a substance abuse program. passed out of committee unanimausly, believe, and there's no known opposition. 24 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll l9z 1995 i PRESIDINGOFFICER: (SENATORDONAHUE) 1 Is there any discussion? Any discussion? Seein: ncne, the question is: shall Senate Bill 83l pass. Those in favcr will vote Ayq. Opposed, Nay. The voting ls open. Have al1 voted who wtsh? Have al1 voted uho wish? Have all voted who wlsh? Take the record. On that questlon, there are 57 Ayes, no Nays, none voting Present. Senate Bill 831, having received the requfred constitutional majortty, is declared passed. Senator Smithr on Senate Bi1l 846. Read the bill, Mr. Secretary.
Senate Bill 846. (Secretary reads title of bi11) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Smith.
Thank you, Madam Chairman. 846 is the recommendation of the National Child Safety Network, and the lntent of this bill is to further ldentify child abuse. It passed out of committee on the Agreed BiL1 List, and the Illinots Funeral Directors Association is neutral on thls bill. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 846 pass. Thcse in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Wtsh? Have a1l voted who Wish? Have al1 voted who wish? Take the record. On that question, there are 58 Ayesy no Nays, none vctlng Present. Senate Bill 846, having received the required constitutional majorityf is declared passed. Senator Barkhausen, on Senate Bill 864. Read the bill, Mr. Secretary.
Senate Bill 864. 25 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 34th Legislative Day April 19, 1995 (Secretary reads tltle of bill) 3rd Reading of the btll. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen. SENATOR BARKHAUSEN: Thank you, Madam President and Members. SenaEe Bill 864, sponsored by Senator Watson and myself - in factr it comes to my attention from a constituent of his whc pcinted out that this legislation presents the oppcrtunity for us to create alternatives to probate for those with modest-slzed estates who want to designate a means for their heirs to recelve real estate without such property having to go through the probate courts. In the last session, We did something similar for owners of securities, and this legkslation creates a beneficiary deed which allows the owner or cwners of real estate to designate, in a deed, beneficiaries that would receive the property upon their deaths. The legislationr as amended, spells out the manner in Which such a deed could be revoked. I'd be glad to answer any questions you may have. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Geo-Karis. SENATOR GEO-KARIS: Wilk the sponsor yteld for a questëon? PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Geo-Karis. SENATOR GEO-KARIS: When you talk about creating a beneficiary deed that does not convey title or real estate until the grantor's death, just exactly what do you mean? It's not clear to me, and I've been in practice for many years. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen. ! I 26 ' ) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislattve Day April 19r 1995 I SENATOR BARKHAUSEN: 1 Well, just -- just what you said, Senator. It's -- lt's basically a -- a grant which takes place only in the future upon the death of the -- of the owners of the property and the -- and the grantors under the deed. It is -- it (s a -- a new concept, but it's -- it's similar - to compare it to something, I think, analogous - it's similar to the designation of beneficiaries of other kinds of property, whether in a -- in a revocable trust or in a -- any other form of property where you designate a beneficlary, such as a retirement plan account. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis. SENATOR GEO-KARIG: Actuallyr you can accomplish the same thing if ycu want to qive -- let's say you want to give me a life estatey and upon your death, I would get *he -- the interest cn it. I mean, I -- I don't quite understand what you're goin: to gain by making a beneficiary deed. First of all, iE's golng to muddle *he tttler because it says it has no effect on a title until the grantor's death or *he death of *he last to dier and then it says you can revoke it at any time. So if you can revoke it at any klme, what ls the -- what is the comman sense on having something like thls? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen. SENATOR BARKHAUSEN : Well, you dre rlqht, Senator. It's onky -- it's only effective upon death and it's only intended to be effective then: bu* the -- the purpose of it is to create an alternative to three other common means of transferring real estate upon death. One is, of course, by will, and that goes through probater and lots of people these days want to avoid probate and the expense, delay and -- and publicityr in some cases attendant with probate. It's also an 27 y ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 34th Leglslative Day April l9, 1995 alternatlve to a living trust, which are -- they 're being widely sold, in many cases not by lawyers these days as an all-purpose, I and in many cases inappropriate, answer to -- or an alternative to I I probate. So it's an alternatlve to living trusts. Alsc, lt's an I alternative to joint tenancy. When somebody create -- puts property ln joint tenancy and the other jolnt tenant is not a spouse, they have made a gift. Similarly, in your -- tn your example, you talk about, well, What about a life estate. If you own property outright yourself and then you convey it such that you retain the life estate, buE someone else gets a remainder interestr you -- you thereby have made a gift. Now in -- in this situatton, with a benerlciary deed, since the transfer only takes effect upon death and can, in the meantime: be revoked, there is no effective gift When the deed is executed and the -- because the transfer only takes effect upon death. PRESIDING OFFICERJ (SENATOR DONAHUE) I Senator Geo- Karis. I 1 SENATOR GEO- I KARIS: What about -- Well, When you're making a deed, llke you have 1 I I statedy what about the tax consequences? HoW will IRS look at it? 1 I Is IRS going to look at the value of the property at the time that 1 i you make *hak beneficial deed, or is it golng Eo look at lt upcn I I the death -- on your death? Have you -- have you gone into that I l at all? I I PRESIDING OFFICER) (SENATOR DONAHUE) SenatorBarkhausen. 1 I SENATOR BARKHAUSEN: l I Senator, they would -- they would look -- the tax consequencey I lfany: would occur at deathr because that's when the property 1 I would actually be transferred. It 1s similar -- it Would be I I sintlar to the situation today with a living trust, which is I I I revocable, and then: somebody puts property in a living trust but ; I 28 . : ' I STATE OF ILLINOIS 1 89TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 34th Legislatlve Day April 19, 1995 they retain the power to revoke, they have not made a gift. But #f the total amount of their property at death is sufficiently hlgh, there nay be estate taxes that would be due at death. So it's simllaç in -- in its tax consequence, it's sinilar to a ltving or revocable trust. PRESIDING OFFICER: (SENATOR DONAHUE) One more question. Senator Geo-Karis. SENATOR GEO-KARIS: When ycu say this avoids probate, one of the reasons for a probate is so that people -- if there are debts owed to -- by an estate, those debts could be patd. When you avoid probate, aren 't you avoiding possibly paying some bills that might be due from that estate -- I mean, by havlng a beneficiary deed like this? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen. SENATOR BARKHAUSEN: No, I don't think so , Senator. The credttors -- if -- lf -- particularly if the transfer by this means was made by the grantor knowing that he or she owed money, it could be considered a transfer that would be fraudulent against creditors. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Welch. SENATOR WELCH: Yes. I wonder -- if the Members aren't paying attention, this was explained as being a way to avoid probater and it's really not. Itds really a Way to tie up somebody 's estate for an even lonqer period of time than Would normally be the case. What's gokng to happen isy if youtre a -- an individual has a judgment against you, first thlng you 're going to do is deed your property away to somebody else, so when you dier an individual not onky inherits your property, they inherit your property with a judgment agaînst it, so that the judgment creditor is then going to go j 29 ' . ( STATE OF ILLIXOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leglslatlve Day Aprll 19, 1995 I after you, as the heir, to collect their judgment. That's one of I ! the problems with this. A second problem is this: Why would a I I bank ever loan you money if you're going to record a deed I subsequent to the loan deeding your prpperty away upon death? What's going to happen is, if you deed your property to somebody I who's unemployed or your childy the bank is immediately going to 1 have to foreclose. This bill is opposed by the title companles in the State of Illinois, and there's a jood reason. Clearing title to property ls the whole purpose of probate . You won't be able to get clear title to the estate if this is the law. This is going to tie up everybody, and in addition, if youfre an attorney for a collection agency... I can't even hear mysekf.
PRESIDING OFFICER: (SENATOR DONAHUE) Can we keep the conversations down please? Would Senators please be in your seats andr staff, take you canferences off the Floor. This is a serious debater and We should be listening. Senator Welchy to continue.
Thank you . 1'kncw everybody wants to avoid probate and avoid lawyers. This does exactly the opposite. Youdre qoins to have more lawyers involved, and this is going to be a full lawyer employment bill. If somebody -- if a company is pursuing a collection case against a debtor, they're probably going to ask them to -- in addition to making payments, to sign a deed that deeds the property back to the company so they can get paid off. That's another possibility With this. In addition, what if you change your mind after you record a deed? If you record a deed giving the property to your -- your nephew, then you decide, ''We1l, I'd rather give it my niecel'r you record another deed, you're going to have the title to the property so confused it's going to take hundreds and hundreds of dollars, number one, to :et a clear title; number two, to pay your lawyers; and numbgr three, 30 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 34th Legislatlve Day April l9, 1995 to have the lawyer prepare the deed in the first place. You know, I'm a lawyer myself, and this will create a lot of buslness for Lawyers. This is a totally bad kdea. That's why they only do it in Mlssouri and nct in advanced states like khe State oë Illknois. And I would urge a No vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Further discussion? Senator Barkhausen, to close.
Madam President, I hesitate to try to clarify something that's a little bit technical, but again, this bill is simllar in concept to a -- a living trust. Just as you can convey prcperty into a trust, theoretically - and I emphasize ''theorettcallyf' - to defeat the interests of creditors, and you have that opportunity todayy this creates the same theoretical opportunity, but I don't think it is going to be in any way injurious to the interests cf -- of creditors. We have already, Ladies and Gentlemen; for basically every other kind of -- of property, we have created , by Statute, alternakives to probate. We've done it -- we d1d it last year for securitles and securities' accounts. And by means of thls leglslation, which I might have said passed 8 to l in the Senate Judiciary Committee, we would create for the middle class an alternative to probate for real estate and thereby for a1l of their assets. Thks is really good consumer legislation, I think, and I urge your support.
PRESIDING OFFICER: (SENATOR DONAHUE) The queskion is, shall Senate Bill 864 pass. Those in favor will vote Aye. Opposed: Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that questlon, there are 29 Ayes, 21 Nays, 6 voting Present. Senate Bill 864, having not received the required constitutional majority, has 31 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th L I eqislative Day April l9: 1995 i I failed. Senatar Barkhausen. Senator Barkhausen has -- I'm sorry I 1 - - has requested Postponed Consideration. Senator Severns, on 8697 Read the bill, Madam Secretary.
Senate Bill 869. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER; (SENATOR DONAHUE) Genator Severns.
Thank you, Madam President, Members of the Senate. By federal law and State rule and regulation, it is stated that health workers are required to wear gloves when drawin: or handling blood . Unfortunately, by firsthand experlence, they're not dolng it. And the only thing this leglslation proposes to do is provide that those who violate the federal law and the State rule and ' regulation, that they can be fined if they're found to be tn violation. The bill passed out of committee unanimously, and I would hope for a favorable vote. 1'11 be happy to answer any questlons. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) ls there any dtscusston? Any discussion? Senator Raica.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she dll yleld, Senator Raica.
Senator Severns, are we saylng that a health care professional who, in an emergency situation, just forgets to put the gloves on, or whatever, ls going to be held accountable and receive what type of penalty?
PRESIDING OFFICER: (SENATOR DONAHUE) 32 STATE OF ELLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leglslative Day Aprll l9r 1995 Senator Severns.
By -- by rule or regulation, we -- we haven't -- that has not been addressed by current ruke and regulatipn. By current rule and regulation, it could be addressed. This ls not intended to khose who are in emergency sltuations and emergency rooms; but to those whor just in the normal admLnistering and blood handlkng, aren't following the federal law and the State rules and regulatlon. To my dismay and surprise, there Were too many instaaces where they simply were not wearing gloves.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Raica.
Next queskion. Is hypothetical situation. One of the individual's develops a contagious -- let's just say HIV or -- or any other one that can be gotten by either blood or sputum or whatever. And let's just say theydve -- is that going to preclude them now w1th thls bill from seeking workmen's comp or any type of conpensation because now they're going to be penalized by this bill?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Severns.
This bill in no way affects or -- or has any impact on that.
PRESIDING OFFICER: (SENATOR DONAHDE) Any further discussion? Furkher discusslon? Senator Severns, to close.
would just appreciate a favorable vote. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) The question shall Senate Bill 869 pass. Thosp favor will vote Aye. Opposed, Nay. The voting is open. Have all voted 33 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leglslative Day April l9# 1995 who wish? Have a11 voted who wlsh? Have al1 voted who wish? Take the record. On that questton, there are 51 Ayes, 2 Nays, none voting Present. Senate Bill 869, having recelved the required constitutlonal majority, ls declared passed. Senator Walsh, on Senate Bill 905? Read the bill, Madam Secretary.
Senate Bill 905. (Secretary reads title of bl11) 3rd Reading of the bill.
PAESIDING OFFICER: (SENATOR DONAHUE) Senator Walsh.
Thank you, Madam President. Senate Bill 905 deletes provisions which require a funeral dlrector in Cook County to have a special permit to dispose of a body or fetus. This brings Ccok County into parity wlth the -- the other one hundred and one countles in Illinots. This bl11 ls supported by the Illtnots Funeral Directors Association, the Department of Public Hea1th, and *he City of Chicago. And ask...
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none: the question is, shall Senate Bill 905 pass. Those in favor Will vote Aye. Opposed, Nay. The voting ts open. Have a1l voted who wish? Have all voted whc wish? Have al1 voted who wish? Take *he record. On that question, there are 57 Ayes, no Nays, none voting Presenk. Senate Bill 905, havlng received the required constitutional majority, is declared passed. Senator Walsh, on Senate Bill 910. Read the bill, Madam Secretary.
Senate Bill 910. (Secretary reads title of bill) 3rd Reading of the bill. 34 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislatlve Day Aprtl l9, 1995
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Walsh.
Thank your Madam Prestdent. Senate Bill 910 deletes provisions requiring brokers who solicit orders for, offer to sell, or offer to supply alcoholic liquor to retailers ln Illinois to be licensed. This just clean-up tegislation for the Liquor Control Act.
PRESIDING OFFICER: (SENATOR DONAHUE) Any dlscusslcn? Senator Hawkinson.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Hawkinson.
Senator, my analysis indtcates that that part Was deleted and thak the amendment became the bill. Perhaps you might want to explain the amendment.
PRESIDING OFFICER: (SENATOR DONKHUE) Senator Walsh.
You're -- I'm sorry. You -- you -- you are rtght. But this ls clean-up legislation for this this bill was offered by the Beer Distributors and it does take out the the brokers' license, however.
PRESIDING OPFICER: (gENATOR DONAHUR) Is there any further discussion? Further discussion? The question is, shall Senate Bîl1 9l0 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted Who Wish? Have al1 voted who wish? Have al1 voted who wish? Take the record. Oops! On tbat question, there are 57 Ayes, no Nays, none voking Present. Senate 910, having received the required 35 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19r 1995 I eonstitutional majority, is declared passed. Senator Barkhausen, on Senate Bill 934? Senator Sieben: on Senate Bill 942. Senator ! I O 'Makkeyy on 943? Read the bfll, Madam Secretary. ACTING SECRETARY HAWKER: . Senate Bill 943. ' (Secretary reads tttle of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONARUE) Senator O 'Ma11ey.
Thank you, Madam Presldent. Senate Btll 943 requires the State Board of Education to appoint a seven-member Paperwork Reduction Task Force to review the paperwork burden placed on school districts and recommend a plan for the reduction of paperwork mandates. Their report must be completed within one year of the Task Force's appointment. The State Board must adopt any rules necessary to implement the plan and forward any appropriate leglslatlve suggestions to the General Assembly. I'd be happy to answer any questions there may be and would appreciate support. PRESIDINGOFFICER: (SENATORDONAHUE) 1 Is there any discusslon? Any discussion? Seeing ncne, the questlon is, shall Senake B1l1 943 pass. Those in favor will vote Aye. Oppcsed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a1l voted Who Wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 943, havîns received the required ccnstitutlonal majority, is declared passed. Senator Dudycz, on Senate B#l1 947. Senator Klemm, on Senate Bill 948? Read the blll, Madam SecreEary.
senate Bkll 948. 36 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIOS SENATE TRANSCRIPT 34th Legislative Day April 19, 1995 (Secretary reads title of bill) I 3rd Reading of the blll. : PRESIDING OPFICER : (SENATOR DONAHUE) l Senator Klemm . . !
Thank you, Madam Presldent and Ladies and Gentlemen of the Senate. Senate Bill 948 ralses the population limit from five hundred thousand to one million for counties in which a special distrtct may be consoltdated in a township government, so long as . those borders are cotermlnous with the township boundarles. There's a case in Dupage County where they would like to elimlnate one layer of government and the township wanted to take it over: but the current law prevents them because of a quirk of the population limit. So we're raising that to allow them to do that, and I ask for your suppcrt.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any question? Any further discussion? Seeing noner the question is, shall Senate Bill 948 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have a11 voted Nho wish? Take the record. On that questiany there are 58 Ayes, no Nays, none vottn: Present. Senate Bill 948, having received the required constitutional majority, ls declared passed. Senator Klemm, on Senate Bill 956. Read the bill, Madam Secretary.
Senate Bitl 9$6. . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rlemm . SENATOR KLEMM : 1 Thank you, Madam President and Ladies and Gentlemen Lf the I I 37 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll l9, 1995 i Senate. As you obviously heard, there are numerous chançes we made to the Election Code, but it's really changes that *e had i already talked about last Sesslon when we passed similar I legislation. And briefly, 1et me give ycu some of the provisiony in this lengthy bill. We have that documents of the filing of the - - to the election authority bas been clarified of when you can file them and when the last day of filtng would be# Eo take care of the holidays. We restored the Cook County Circuit Court Committee, Which is responsible for filling vacancies in tbe Cook County circuit court. We require any State or local political committee created wkthën sixty days to file their organizatton within five days. We give the itate Board of Elections a uniform sixty days to render final judgment, rather than the forty-two days now. Remcve the requirements that electoral board kn Cook County meet -- meet at the courthouse. Require eltction g' authorities to display instructions on the proper method to write ln a candidate for cffice outside the voting b00th. We shorten, by two daysr the time frame for applying to vote absentee ballot, so that it would give the election authoritles more time to process the applications and nall out ballots. And we allow -- permissive language would allow electlon authcrities to count absentee ballots at a central county location. 1'11 be delkghted to answer any of your questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Senator Lauzen.
Just a question for the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he 'll yieldr Senator Lauzen.
Senatorr how -- in our analysis, 1* says that thls would end the practlce of postmarking campaign finance documents. HoW do we 38 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legtslative Day April 19, 1995 verify that we've sent our reports in on time? PRESIDING OFFICER: (SENATOR DONAHUE) i Senator Klemm. I SENATOR KLEMM: . The date of delivery, you're talkin: about? The -- that -- we had -- I had asked that it be kaken out and it Was supposed to have been taken out of by Amendment No. 1. ...tmlcrophone cutoffl.m.No. 1, it -- it did remove that provision, because I Would not accept that.
PRESIDING OFFICER: (SENATOR DONAHUE) ' Is there further discussion? Further -- Senator Welch. j i SENATOR WELCH : 1 i I had a question of Senator Klemm.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Welch.
When you -- when ycu file a document by mail, the State Board of Election doesn't consider it received until they actually stamp it. Did you change that in this, or did you change it back?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm .
No: Senator, we kept it as existing 1aw is now. We did nct change that.
PRESIDING OFFICER: (SENATOR DONAHUE) Senatcr Shaw. SENATOR SHAW: g Thank you, Madam President. Wl1l the sponsor yield? PRESIDING OFFICER: (SENATOR DONAHUE) , Indicates he'll yield, senator Shaw.
I just -- would you explain number six on this dealing with 39 ' . ( ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 absentee balloting absentee balloting? And what does this change in terms of the way we do it now, when you -- hcw does this change from the way we handle absentee ballots now?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm .
Thank you. Just to clarify Senator Welch 's question. The original legislation would have changed it. The amendment put back to existin: lawr so there's no change in that. Senator Shaw r you asked about the absentee ballot. What it does is it shortens by two days the time frame for applying to vote by absentee mail, and the reason we did that is to give the election authorities more time to process these applications and get the absentee ballot out to those people that have requested it. We have found that the time frame was not a -- long enouqh for the election authcrities in your county to be able to turn around the request for an absentee ballot. And many times, the vaters Were getting after or the day of election or after the eleetion, when they couldn't vote. So We needed those extra two days to assure that everybody would have their vote counted, and so this ts the reason we made that minor change.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.
Let's assume that the ballots get back after that two-day cutoff, in terms of the counting process that you have here. Would those ballo*s be counted, or or those absentee ballots would not be counted, under this bill?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.
Well actually, we -- we improve that sltuakion because we've 40 j' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19, 1995 got the mailed applications must reach the office of the election authority not less than seven days - which now itfs five days - so that it would -- by the date of the election. So actually, We 've - - wedve, I think, improved that, to give the votqrs a better opportunëty Eo have that cast. Did I answer the question? I'm nct sure.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.
Where Would these absentee ballots be counted at? Are they done at the electton authcrity or at the polllng place?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.
I'm sorry. Your analysts is a different form than mine, and I answered you in a different Section, so I apologize. This is permisslve legislation, in this part cf it, to count the absentee ballots. And what we're doing is allowing the tabulation to be dcne by special absentee votin: panels, who would be appointed by the same manner as election judges. Poll watchers are -- are able to be there so you can see that it's being done. Wedre trying to speed the process but to be sure and guarantee that every vote is counted and cast for the person of their choice, you SeP . END OF TAPE TAPE 2
PRESIDING OFFICER: (SENATOR DONAHUE) 41 . y, ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislattve Day April l9, 1995 Further discussion? Senator Jacobs. Oh! Senator Shaw. A11 you have to do is pu* your light on.
Okay. On the on the how would the -- is there any provlsion in here to nctify the judges and interested parties of the date of the counttng of these ballots, where that they could have watches?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm .
Well, the counting of the balkots fs after the polls are closed. So, mean, that's when it's al1 doner and poll watchers are availabley and that would be part of the process of just counting them. So they are covered Ehat way.
PRESIDING OFPICER: (SENATOR DONAHUE) Further discussion? Senator Jacobs.
Thank your Madam President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question, please?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Jacobs.
I think what youdre dolng is great. -- still have a concern, however. Thoughg as understand lt, the Statute on Statutes states that postmarks must be used to determlne if an item meees the deadlines, unless another Act provides differently. Wouldn't we be better off to change that zo there's a consisbency here, rather than to allow the board to make decisions on a instant-by-instant basls? It appears to me that that would make the bill strongery and that was the provision that you took out, Senator.
PREGIDING OFPICER: (SENATOR DONAHUE) 42 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 Genator Klemm.
Well, that question came up, and really, if we were to change that to a delivery date and that's what was originally suggested r rather than a pcstmark date - we had a problem , in that rural counties, such as yours and mine, that we're not always accessible to the board of elections where they can be dellvered. So uer many of us, have to mail our petitions and mail our items in. If you ltved ln Chtcago and Springfleld, might not have been qulte as -- as difficult to do. So, I dldn't support the idea that it would have to be dellvered by a certaln date. felt that lf we continued to -- to mall or deltver it, you wish, by that -- by -- by uhatever means you want to# meeting current law it would still solve those Who live in rural areas and those who live in the cities.
PRESIDING OEFICER: (SENATOR DONAHUE) Senator Jacobs.
Thank you, Senator. However, there still is no consistency here, We mall it it's mailed ln cn Eime; it takes five to six days. Even though the postmark states that was mailed in time and should have been delivered time, sometimes doesnft happen; that under certain provisions of this bill, that will be accepted. However, there are other provisions Withln the State Board of Election where they Will not accept that deadline, and I think that the consistency would make thls a much better bill. That's my only point. I'm not going to sit here and hammer but I think that still we have an inconsistency here that we could have taken care of very easily and just made it a1l postmark, as far as I'n concerned .
PRESIDING OFFICER: (SENATOR DONAHUE) Sena*or Rlemm. 43 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995
Well, we just chose not to codify a practice that they're already doing, as you know, and that they dre acceptins. And I guess that's probably the difference. I found some problems wtth that for some of the rucal onesz of a delivery date versus a postal date, and that's the only dlfference we may have.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.
And I would concur that we don't want to codify current practice, but we really don't know what the current practice Because currently, we -- on some lssues, they accept postmark, and on some issues: it has to be in hand. So we have not -- we stLll don't have a clear-cut dekineation as to when a postmark is qoing to be accepted and when it's not.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.
Welk, the State Board of Eleetions has assured me they Will accept it under the provisions we talked about. guess if you have a specific problem, you know, 1'11 be happy to work with you to address it, but it's not included in this bill for some reasons we thought about the equtty between downstate and -- andr you know , suburban area. I understand your problems. There are some concerns about that. We think we've talked to the State Board of Eleckions to resolve that without the ccdlfication of
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.
Just -- just to reiterate one point and -- and that's -- 'cause I'm golng to give you a Yes vote on this. But I know thah, as an examplee my own county clerkp whenever he sent his report 44 I I STATE 0P ILLINOIS ' I 89TH GENERAL ASSEMBLY I REGULAR SESSTON SENATE TRANSCRIPT I l 34th Legislative Day Aprll l9; 1995 l ! into the State, it was postmarked properly, but they held hlm to be late because it wasnlt delivered on time. So there is some inconsistencies in there. We would like to see it more uniform. We can Work on that, and I don 't hav: any problem. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Collins. SENATOR COLLINS: Sgnator, I guess my questions is still on the same line as Senator Jacobsy and -- and believe that you have not adequately, at least to my satisfaction, responded to that in the bill; although, I have nc real objectlon to the cverall bill here. And it's not just urban versus rural, because in the City of Chicagoz I tell you, some time the matl is -- is -- is just, you know: I mean really, really bad. I can give you a good example. Every 27th of the month, I mall a 1ot of my billse and to ny surprise on the 13th, I went to draw some money out of my checking account and had all this moneyr and I said, HMy God: what happened here?'' And no bills - not a single bill - has been mailed or receivedp and I malled alL of my bills on the 27th of last month. So, we go* to either go by the -- the postdate and -- and because you are amending the Statute and clarifylng and -- and -- and bringing kn Ehe -- the proviskon for the rural areasy you -- you do need to clarify the existing law. That, in fact, the postmark date wculd be the date that we would have to go ong at least *he legitëmate date. So you do need to do that. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm . SENATOR KLEMM : Perhaps there's some confusion. The orlginal b11l did delete that provision of a postmark date, and did say it would have to be delivered on a day . I did not llke that for the very reason that you may or may not have. So really the amendment still keeps a I ' 45 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legtslative Day April l9, 1995 postmark on the date of the filing, will continue to suffiee to meet i*. So, if you get to the post office and they stamp and kt takes seven days for the mail people to deliver you will still have filed on time beçause of the date it Was stamped , not the time of delivery. And that was -- was a concern I had : the same thing you share with me. And I Was looking at the rural area versus the city to be able to deliver to a clase facility of the electlon board, but in your case, you're even in Chicago, it's a difflcult thing, and that's the reason I didn't want to make that change. So, I agree with you. The bill dces cover that provision.
PRESIDING OFFICER: (SENATOR DONAHUE) Further diseussion? Senator Demuzio .
Like to ask the sponsor a question, I may.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yieldz Senator Demuzio .
Senator Klemm , there Was a provision either ln thls original billr or one that was added, providing for an alternative method for selecting State central commlttee members by some ''Alternatlve B''. Since none of us were had the opportunity to have a discussion with respect to that; perbaps you could explain that for me. WhaE Ls the process noW and what are we changkng it to?
PRESIDING OFFICER: (SENATOR DONAHUE) SenaEor Klemm .
Well, 1et -- I hope this is the point you're raising, but lt restores the Cook County Circuit Court Committee, which is responsible for filing Ksic> vacancies for the Cook County Circuit Court. And it also clarifies that the Ward and township committeemen make up make up the congressional committee for 46 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 purposes of filltng vacancëes ln the central committee when the congressional district is locnted withln Cock County. We d1d that one. Now let me look at the other one we did. Is -- that *he one you wanted? We restored what you and the other committee people wanted?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio.
Well, you just indicated to me that somehow or other that the provisions that you just read off only apply to the County of Cook. What I'm asking you is that if there is a vacancy in the State central committee, who makes the decision? Who casts the weighted vote? Is it now indivldual committeemen, or now are you making it to the respective county chairmen?
PRESIDING OFFICER: (SENATOR DONAHUE) senator Klemm.
This bill does not -- Senator Demuzio, this bill does not change current practice of haw you dre doing it now. We had a problem ln Cook County. They came to us; they sald they had this situation. We tried to accommodate them ; we made this change for Cook County. There is no change that aware of to current law .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzia.
Yeah. What We arP dolng on the Democrat side, we got trouble enough now finding precinct committeemen and trouble enough trying tc figure out What their duties are. What thls does, iE takes away the respcnsibility or the obligation or the duty of the elected commltteemen - precinct committeemen in downstate, for example to cast their Weighted vote, to fikl a vacancy on the State central commlteee. And now you are transferrin: this by 47 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19, 1995 virtue of this ''Alternatlve B'' to the county chairman, who doesn't have tc ask anybody for their lnput. And so, you know, I rlse in opposition to this bill, and I -- and I thlnk that not well thought out, and it's 1l1 conceived. And we're trying to figure out what to do with committeemen, alone take away their duties.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Palner.
Thank you, Madam President. I'd like to ask the sponsor a question.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he dll yield, Senator Palmer.
Thank you. Senator Klemm, I'm stlll concerned about hcw and -- well, actually, the process for counting absentee ballots. It says -- and I -- I heard you very clearly that this permissive, but let me give you a scenario. And a former ward committeeman, so I$m asking it out of that context. Nok, yau said that the absentee ballots can still be counted at the applicable polling place. Do these judqes who are appointed by the electlon board come to that polling place? If they do not -- because at least at the polling place: you are likely to have the poll Watchers. If they don 't come to that place, then how are the absentee ballots handled and how are poll watchers to be available to Watch When these baklots are counted? 1* seems to me lt's a little cumbersome .
PRESIDING OEFICER: (SENATOR DONAHUE) Senator Klemm.
Apparently, one of *he problems that was brouqht to us about that Was there is no real way of determining if somebody has voted 48 l STATE OF ELLENOIS 89TH GENERAL ASSEMBLY REGULAR SESSION . SENATE TRANSCRIPT ' I 34th Leqislatlve Day April 19 , 1995 I I b I y absentee ballot and then walks into the polling place and votes 1 that day. And there was a concern about the two votes somehcw, and they felt that this was the language, would allaw them to count them at the central location to determine tfr in façt, they have already voted before by absentee: and you didn't know that 'cause you sent that to the courthouse. So this Was to clarify those counties that have that prcblem , or those election authortttes, to be abke to do that if it's a problem. You have to remember, and Senator Demuzio perhaps forgotten, this bill passed with the identlcal languaçe, except for some modifications about the date, 52 to nothing in the Senate. You voted for it. Senator Denuzio voted for it. Everybody voted for it. We kept the same language that everybody wanted. It's -- maybe it's a different year and maybe We 're getttng closer to election day. I don't know. PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Senator Palmer. SENATOR PALMER: In general, I don't have any prcblem Wlth the b111r and I'm certainly noE looking at this as a -- a preelection bill. But I am coneerned -- we do have a problem with absentee ballots and counting them, and so I'm concerned about that. But having had experience running election days, one of the reasons I'm asking this question is that we want -- if we're going to pass something, we want it to actually reform the process and not create other problems. PRESEDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Carroll. SENATOR CARROLL: Thank you, Madam President. A question of the spcnsor, lf I might. PRESIDING OFFICER: (SENATOR DONAHUE) 49 . , ) ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9: 1995 Indtcates hesll yteld: Senator Carroll.
Senator Klemm, my concern deals with the issue of a separate set of judges for absentee ballots, and that the -- as I understand 1t/ following up a question by, I believe it was, Senator Shaw, that no longer will We require that the absentee ballots be sent to the palling place . I have several problems with that, one of which is the problem that you 've been debating. If the absentee ballot is in the pokling place and the person shows up, you know What to do. If the absentee ballot is being kept somewhere elser there's gaing to be mass confusion. Secondly, you 're going to havey I think, havoc with poll watchers if youdre -- if you 're taking the ballots somewhere else to count, rather than having them counted where there are already watchers who know whether or not that person still lives there, et cetecar voting in the polling place. And I -- I would oppose having the absentee ballots counted somewhere other than if they had actually showed up in person.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm. SENATOR KLEMM; Well, let me -- 1et me tcy to answer that, Senator, if I may. The -- the reason we've -- the reason we 've done this, and the reason wedre making it permtssive is that apparently absentee ballots, as you know, are sent to the county courthouse. Okay? They don't ga to the prectnct. Nowr after -- after they're received by the county, the State's attorney 'g offiee normally delivers them ko *he precinct, and then they're counted there. So thïs means that they could go to the county courthcuse where they're mailed to - the address. You could have election judses if you so desire to have thatr and count those at that time wlthout the process of taking them in a car, transferrtng them over to a 50 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leqlslatlve Day April 19: 1995 Nard or a township election facility, where they dve been votlng in a polling place; so they Would have to count them again. This allows a little bit of less handling ballots going around the the county: I guess, and the election -- board of electëons and others felt this was a -- a savtngs. It is permtssive for those counties that feel that is a problem. We did not mandatory -- make it mandatory.
PRESIDING OPFICER: (SENATOR DONAHUE) Senator Carroll.
Thank you; Madam President. Senator Klemm, adnit I have no idea of how McHenry County wcrks. I dor however, have some idea how the City of Chicago works. And that ts not how it operates in Chicago. The ballots are sent out and returned to the Chicago Board of Electionr Who then sends them out to the pclling place to be tabulated and then counted N1th the rest of the ballots from that locale at the polling place. The largest objection we get from people who work polling places and from candidates is when they do sometimes tally them downtown, Which no one knows about, as opposed to having them delivered to the pollëng place where the judges can then Whether or not that person has voted -- has attempted to vote twice. I believe that Chicago should excluded from that and that in Chicago should still be mandated that they go to the polling place.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm .
Well wellz the nlce thtng is that it's permisskve, and Chicago could just simply say, don't want to participate; it's not a probkem.'' But the ballots are delivered. Maybe maybe you don't use your State's attorney, but Lhey are sent to thP polling place to be counted at that tlme. And absentee ballots, 51 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 34th Legislative Day April 19' 1995 I I as you kncw, can be counted on the day of the elect#on When itls I received in the mail. And welve got *he problem of bringing those back to *he polllng place. For those -- and this is the reason we did this permissive, Senator Carroll: For those jurisdictions that don't wish to follow 'cause they have no problem, you don't have to lncorporate it. And those that do, feel they can. So, I think, that's -- that's what's answering our prablem here. PRESIDING OFFICER) (SENATOR DONAHUE) Senator Carroll.
Thank you, Madam President. And, Senator Klemm, my problem is, I don't care what the board of election wants in the City of Chicago. I'm telling you whak works. And as a practical matter: the people who go out and -- and find those who are goinq to be absent and get them an absentee ballot - wherever they dre at tn the world - are Ehe ones who are working the election. And believe me, if they don't get credit for that ballot coming back to that polling place, they're not going to bother. And less and less people are going tc be voting: because it's only when you have someone -- you or us bave someone going out and saying to peoplee ''Please come out and vote, or if you're going to be away, we'll get you an absentee ballot.'' And you know everyone Wants credit for what they did. And their credlt is at the polling place when the absentee ballot eomes ln and shows another seven people votedr then when it goes downtown: it just will not work. And I would be much more comfortable, and will only be comfortable, if the board does not have that option: 'cause w9 fight with them all the time abouE why didn't they get ballots back out to the polling place, why aren't they dolng their jcb of getting them in tn Ekme, because those who go out and actually do the work want the credit for baving done the work and feel that they are being abused by the system . And I don't want to do 52 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Leglslatlve Day April 19, 1995 anything that doesn't support those who are actually doing the wcrk. And I thlnk in our case, it makes a 1ot mcre sense -- in Cook County that they be requtred up to a certain point of time during the day that if they receive them by that time, they must be sent to the polling place. also think it stops more fraud if it's at the polling place, where the judges have the book there and know whether or not that person actually Walked and voted or somebody claiming to be that person walked in and voted, and ycu 've also got an absentee ballot. So I think you ought to take out Cook. think -- I would not give that discretion, by the way, in Cook.
FRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Senator Klemm, to close.
Yeah. Slnator Carrolls I I've taken note of -- of your concerns and the others. As you know, those ballots that are counted ln that central locatlon are credited to that preclnct it's credited to the poll, because it Would be charge of that, as I understand But however, I've taken ncte of your point and understand that, and perhaps we can address that as lt goes to the House to take ou* or look at Cook County With the State Board Elections, so ve can tighten that up, if you will. But I think the proviskons that we have in here, Madam President; are -- are good provisions. I think they've met al1 the requlrements that everybody who 's come to me have asked for, and the ones that have been addressed las: year. As you know, we did unanimously pass thks. There are some concerns, and I know we can address that and 1111 work with anybody to do that. But I do ask your support to pass Senate Bill 956. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Carroll, for what purpose do you rise?
53 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislatlve Day Aprll 1995 quess would be personal privilege: since the naKe Was mentioned. -- I did not realize he was closing; thought he was still answering *he questicn.
PRESIDING OFFICER: (SENATOR DONAHUE) Okay.
Merely to say, it does not come back to the precinct; they never get credlt for it. Neither does any ward or anything else. They 're caunted dountown and bunched, and so tbat the prectnct never knows lf those people were ever returned, or voted, or not. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Question shall Senate Bill 956 pass. Those ln favor wlll vote Aye. Opposed, Nay. The voting is open. Have all voted wha wish? Have all voted Who Wish? Have a11 voted Who Wish? Have al1 voted who wish? Take the record. On that question, there are 31 Ayes, 23 Nays, voting Present. Senate B1l1 956, havinq recelved the required constitutional majority, is declared passed. Senator Demuzio: for wbat purpose do you rise?
Wellr let's see if khey 're al1 here.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzto has is seektng a vertftcation of the roll call. So will the fenators please be their seats, andr Madam Secretary, read the affirmative votes.
The following Members voted in the affirmative: Barkhausen, Burzynski, Butler, Cronin, DeAngelis, Dillard, Donahue, Dudycz, Ralph Dunn, Fawell, Fttzqerald, Geo-Karis, Hasara, Hawklnson, Karpiel, Klemm, Lauzen, Madigan, Maharr Maitlandr O'Malley, Peterson: Petka, Raica, Rauschenberger, Sieben, Syverson, Walsh, Watson, Weaver and Woodyard . 54 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19, 1995
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzioy the -- question the presence of any Member voting the affirmative?
Senator Walsh?
PRESIDING OFFICER: (SENATOR DONAHUE) Is Senator Walsh -- he 's in the back of the room in his seat.
Senator Lauzen?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen is in his seat.
Senator Cronin? PRESIDING OFFICERI (SENATOR DONAHUE) Senator Cronin back by Senator Philip.
Senator Dudycz?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz on the Floor? He 's right back here by the well.
Well, it's a wonder. He didn 't come to Rules. Senator Burzynski here?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Burzynski. He's back by his seat. SENATOR DEMUZIO; Thank you.
PRESIDING OPPICER: (SENATOR DONAHUE) On a verified rcll call, there are 31 Ayes, 23 Nays, and 3 voting in -- 3 votlng Present. Senate Bill 956, having received the required constitutional majorityr is declared passed. Committee Reports. 55 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll 19, 1995 SECRETARY HARRY: ' Senator Hawkinsan, Chair of the Committee on Judiciary, reports Senate Bills 3, 511, 580, 599, 600, 602, 721: 741, 812, 857, 891, 893, 896, 897, 996 and 1187 Do Pass; and Senate Bills 14y 81, 240, 270, 312, 317, 332, 344: 415, 427, 628, 691, 747, 787, 833, 838, 868, 895, 954, 1025, 1028, 1038, 1089, 1140 and 1173 Do Pass, as Amended; and Senate Amendment 2 to Senate Bill 640 Be Approved for Consideration. Senator Weaver, Chair of the Committee on Rulesr reports the followlng Leglslative Measures have been assigned to committees: referred to the Committee on Education - Senate Amendment l to Senate Bill 7827 to the Committee on Environment and Energy - Senate Amendment 3 tc Senate Bill 182, and Senate Amendments l and 2 to Senate Bill 276) to the Committee on Executlve - Senate Amendment 2 to Senate Bill 772, and Amendment l to Senate Bill 830; to the Committee on Insurance, Pensions and Licensed Acttvitkes - Senate Amendment 3 to Senate B(l1 506) to the Committee on Public Health and Welfare - Senate Amendment 2 to Senate Bill 10957 and Be Approved for Consideration - Senate Amendment 1 to Senate B1ll 626, and Senate Amendment l to Senate Bill 1152. PRESIDING OFFICER: (SENATOR DONAHUE) Messages. SECRETARY HARRV: Message from the Minority Leader. Dear Mr. Secretary - I am pleased tc appoint Senator Bruce Farley to serve as a Member of the Executive Committee. This appointment takes effect lmmedëately. Filed within the hour. 1 ; PRESIDING OFFICER: (SENATOR DONAHUE) . I Will all Members please be in their seats. Senator Karpiel. I SENATOR KARPIEL: i . 56 j l - ' .. . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9r 1995 Thank you, Madam President. I rise just for the purpose of an announcement; that the Senate Executive Committee will commence tmmedlately following adjournment.
PRESIDING OFFICER: (SENATOR DONAHUE) This is the time for those types of anncuncements. So, before we get to our death resoluttonr anyone else having an announcement to make? A11 right. Will al1 our Members please be ln the seats. Will the staff please retire to the gallery, and will the doormen please secure the doors. Senator Jones moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Resolution Those in favor, say Aye. Oppcsed, Nay. The Ayes have 1t, and the rules are suspended . Please -- read the resolution, Madam Secretary.
Senate Resolution 49, offered by Senator Jones, Minarity Leader of the Senate; Senator Philip, President of the Senate; and Senator O'Daniel and a11 -- al1 Senators. (Secretary reads SR No. 49) Adopted by the Senate, April l9, 1995.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
Yes. Thank you, Madam President. And, Kenneth, Jr., and -- and Mary, and Mark and Annette: we welcome ycu to our Chamber and the former home of ycur father for -- for a long period of time. The resolution mentloned Ehat Kenny Hall was a true gentleman, and we all know that. He certainly was. And he's a proud member of the Democrat Party and that's certalnly to his credit. But even though he was a partisan, his door was always open to us on this side of the alsle, and especially to me. He was a very close friend of mine and we worked closely together, for the betterment of a11 of Southwestern Illlnois. He -- -- it pained h1m 57 STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day Aprll 19, 1995 greatly that the problems that -- that his home community has had to endure over the last several years - many years, for that matter - and -- and he -- he worked hard for those people in East St. Louis Who -- who have many, many problemsr and it dld pain him dearly to try to deal with that. But -- but We Worked together - a1l of us - and -- and many times in a very bipartisan manner, to try to uplift and give opportunity and hope for a community that's had many problems. I understand his Nife is still ll1r and we certainly want you to send our best wishes to your mother, and -- and your mother-in-law and wish her well. But Kenny: as it said, was a true gentleman and we a1l recognize Ehat, and he definitely will be missed in this process. And thank you, Madam Chairman.
PRESIDING OPFICER: (SENATOR DONAHUE) senator O 'Daniel.
Thank you, Madam President, Members of the -- the Senate. I really appreciate the privileçe of expressing my feelings about my dear departed friend, Senator Kenny Hall. You know, he was almost like family to me. He and I were seatmates for some ten yearsz had adjolnin: offices. I never had a function in my district that he wasn't there to support me, even attendlng my dauqhter's weddlng. He was a very personal friend of -- of mine. He dearly lovedthisChamberandeveryMember in it. And regardless of 1 whether you voted with Kenny or not, he had the highest regards and the highest respect for every Member in this -- this General Assembly. He -- he was a man blessed with common sense and a wonderful sense of humor: and stron: work ethicp and a genuine desire to help the less fortunate among us. I had the good fortune of having Kenny Hall as, as I said, my office mate and seatmate for -- for many years, and I can't count the number of times he brightened my day by simply sticking his head in the door and saylng, ''O'Dan1e1, what's golng on?'' We would come to the 58 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19, 1995 Floor, and there's one thing that disturbed the Senator, was when the Members Weren 't present. He was always here on time and he'd sayr ''Let's qo up'' and he would -- he would always be herer and lt really dlsturbed him that the Members wculdn't -- wouldn't be on the Floor when he felt like they should. He would reminisce with me and me about of his great friends here. He served many years with President Philip, Rock, Hynes, Bill Harris, Partee, and he really cherished those memcries. can't say enough things about Kennyr but he believed government was gocd. He felt that people government were there to provide a servlce, not creaEe the people a problem. And he never forgot where he came from. He cared about the poor peopley the working peopler his neighbors and his district. And he always understocd, you know. He would talk to me and say: t'We can't vote the same a1l the time: but you have to represent your people. You know how to represent them; know how to represent mine.'' Sc, regardless of whether you voted with him or not, he always understood and he was always considerate and and was a total gentleman. You know, he lived as -- as good a life as any citizen can live, 'cause he never forgot the things that -- that are really and truly important: faith, family, friends. And you knowr he dearly loved his -- his familyr his four sons, their familiesr his Wife. The last several months he worried a 1ct about his son, Tom, who's had health problems, and his -- and his wife. Probably, you know, one of the most carin: people, and was very proud of his grandchlldren. He talked to me about his earlier years When he worked as a conductor on the railroadr with the passenser trains going coasE Eo coask, and belng a depuEy sherlff, and Ehlngs of this nature. And when Norma and I Were going from the cathedral to the cemetery, I told her, I said, ''Well, Senator Sam 's up there also, and riqht now they're probably discussing seniority.'' Senator Sam always sald, HNow you remember, Kenny, goE a little 59 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th LegislaEive Day Aprll 19: 1995 seniority on you'', and he's probably telling Kenny thaty ''I've got a little seniority on you now; I've been up here longer than you have.'' But they were two giants in this Chamber and was really honored to to have been friends of b0th of them, and -- and Kenny Hall is -- was very dear to me and -- and I think, ycu know, as -- as a result of us knowlng Kenny Hall, I think that a11 of us are better people for the time he he spent With us, and 1911 miss him a lot. He Was very dear to me. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
Thank you very much, Madam President, members of the Hall family, Ladies and Gentlemen. When first was seated in this Body ln January of 1979, one of the first people to come over to my desk and welcome me Was Senator Kenny Hall. And he had mixed reasons for doing that because, you seer my successcr was Senator Harber Hall of Blocmington. And the two of them had a great relatëonship down here, both in the House and in the Senate. And there was the confusion always between the two Senatar Halls. And Kenny told me, ''There will no longer be any confusion, because I'm the only Senator Hall in this Body.'' And from that dayz grew a tremendous relaticnship, and especially after I became a Member of the Appropriations Committee Leadership. 1, as a Minority Spckesman, Kenny as Chairman of the Committee. Kenny taught me a lot. He taught me to have compassion, to care about thcse who are less fortunate than we are. And thlnk he shared that concern with everyone as he walked the halls of this beautiful building. I can recall three or four occasions when Kenny Hall came to my office. The last time was a particularly difficult time fcr him, and it was about 6:15 in the evening, and he just wanted to sit and talk. And we talked about a number cf things. But an important part of Kenny's life, as Senator O 'Daniel has mentioned, 60 è - STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 Was his time on the railroad. And he knew that my father was also I a conductor, and he loved to share those stories abcut ridtng the rail, and they were very interestlng . Kenny Hall was a dear and close friend of mine as well, and indeed, this State, his community, we are all better people for havin: Kenny Hall with us. Thank you, Madam Prestdent.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.
Thank you, Madam President. Members of the family and fellow Senatcrs, I was fortunate to serve as the Vice Chairman of the Appropriations Committee, when Senator Hall was Chairman of that Committee for some ten years. And during that time, he was an outstanding Chairman. He never missed a meeting, so as Vice Chairman, I didn't have much to do. He was always there in charge of the meeting and he sat throughr as those of you on the Approprlation Commlttees knowr very lengthy meetings. But Senator Hall always enjoyed them. He enjoyed fellowship in this Senate. And he was really a living reminder of all of our heritage here in the State of Illinois. He would tell us stcries abcut how, When he came down here, he had to stay in separate hotels; he couldn't stay wlth the white Members. About how they had -- they didn't have offices; khey had *o sit at their desks and do their -- their work at their Senate desks. He had all kinds of stories that told us about what it used to be like to be in the Senate and be in the State of Illinois when there Was still segregaticn, which many of us newer Members never felt. But Kenny Hall loved this place so much, and loved the committee so much, he -- he was a 1ot of fun. I know that in my first year down here, he gave me a nickname. He called me ''The Blade''. I had gotten into an argument With Senator Buzbee, I thinky about somethin: and he thou:ht I was -- gave some I rather cutting remarks, so he would always refer to me as ''The i 61 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19, 1995 Blade''. Not Senatcr Blade, but 'fThe Bladed'. And other times, of course, he'd refer to me as Senator Luft, when he got me confused with Dick. So, but I'd -- so I'd just respond ko eikher one. Bu* - - but, what I remember most is, when I would sit in the front row for the flrst few years I was down here, and Senator Hall each year had a standard statement that he would make. Whenever he had an apprcpriation amendment addin: more money to the DCPS budget or the welfare budget, he would stand up and excoriate those who cppcsed it. And what he would always say would be: ''A11 of ycu who stand up here opposing this, stand up and you salute the flag, and you go to bed wearing red, white and blue pajamas, and then you show up here and you vote against clothing the naked and feeding the hungry. I don't know how you can live with yourselfan And he would say that each year with a -- with a great deal of feelLng and -- and obviously it's somethtng that I remember very well that -- that he would do. He always wanted to be remembered as the 'IDean of the Senate'', and he wl1l be remembered that way. He was a great Senator. I'm glad that I had the opportunity to know him, and those of us Who -- who wcrked with hlm were very fortunate. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Carroll.
Thank you, Madam President and Members of the Senate. To khe Hall family and my colleagues, had the unique pleasure and probably dlstlnction of servlng many years with him as one of *he Chairmen of Appropriatlons, working with Senakor Maltland and other Members of the Republican side, who were then the Minority Spokesmen. And as Senator O 'Daniel so well said, we got to know him as a person. And he was a very unique, unique individual. He talked terms of, yes, what he learned ridlng the rails, and very honestly, he always said that's Why the committee started on 62 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENA%E TRANSCRIPT 34th Legislative Day April 19, 1995 time. He Was used to havinq Ehat pocket Watch there and saidf I ''You come and gc by the watch and that's it.'' He was the Member I who was here whenever Sesslon started. He was the Member Who was i I at commlttee whenever committee was supposed to start. But he had that unique talent that -- that not only sense of humor and sense of humility, but that sense that the other Members have spoken about of -- of the common person. Yes, that true love of East St. Louis and -- and that true concern, as Senator Maltland pointed out, of the problemsitWasfacingduringhislifetime. But,I thinky more than thaty he had a sense of Illinois. And he and his 1 colleague, Sam, Who did go before him and is now probably, Bill, still showing him the ropes, represented an era of Illinois that we wlll never see again and an era of people who served in the Senate, who spoke from the heart and -- and represented people well, that probably we will never see again. I think we are al1 privileged to have been here when he walked our way, and the State will sorely miss that Wisdom , that humor, thak sense of compassion, and I will personally miss the way he used to always say, ''Howie, what are we going to do now?'' Thank you, Mr. President -- Madam President. ;
PRESIDING OEFICER: (SENATOR DONAHUE) Senator Collins.
Thank you, to the Hall family and to -- Ladies and Gentlemen, my fellow colleagues of the Senate. 1 had the dtstlnct pleasure of meeting Senator Hall, I guess, about twenty-fëve years ago. And from the very beginning, Kenny is one of these people that once you meet him , he's not going to allow you to be a stranger. So, I think every one of us in here who've known Kenny can say that Kenny was truly a friend . But Kenny Hall is probably -- and We're going to all miss himv but I think I'm golng to mlss him probably for another reason, you know, his sense cf humor and all 63 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGDLAR SESSION SENATE TRANSCRIPT I 34th Legislative Day April 19, 1995 ' I I of the other things -- it's true that 1'11 miss him for that toc. ' I But Kenny Hakl realky is about the kind of person that he was and I ! howhefeltaboutthisSenate,youknow. The reason he Was in 1 eommittee on time and the reason he was here on the Floor on tlme, because he tcok great pride in being a Senator. He felt honored thab the people of his district repeatedly elected him over and over and over. That Was his great humility that I thlnk that he exemplified here. He -- he gave a11 that he had to give to -- to whatever assi:nment that -- that Renny Was glven to. And I can recall When I first came, he was always willing to -- to talk with and take time out and cheer you up, to any freshman Senator that came here. And -- and I can recall during the days when Senator Soper was over there, and Senator Shapiror and Harber Hall and all of the people khat -- that -- that Kenny Hall -- the Republicans on the other side would basically vote agaknst all of Kenny 's bills. But Kenny never took it personal. You know, he understood the dlfference between politics and -- and -- and the feeling of - - of onefs own personal feelings about what is going on -- Nhat they want to accompllsh as individuals, or even for their district. And so, hg didn't ever -- he didn't ever lose friendship: but he gave his wocd . He always stood by his word. He's really becoming -- his bceed and his character of legislator is -- unfortunately it's becomlng an endangered species not just in the city -- I mean, in -- in -- in Illtnois, but around the country. We cannot find the kind of dedicated people as Kenny Hall Was serving in any of Ehese bodies, for any number of reasons. Things have changed. The kind of compassion that he had for a1l people, it transcend party lines; it transcends racial -- racial and social lines. Re was just about loving and caring about people: and that's what made Renny Hall so unique: his great compassion for the humanlty cf man. Wedre going Eo all miss Kenny Hall. And I most certainly Will ntss htm. But I think ge a1l 64 ' l . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19p 1995 will be better. Especialky those of us who's listened to the . his*ory that he's told us and talked about so many years Nill be I better legislators, because we lve known Kenny Hall. 1 I
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Severns.
Thank you, Madam Presldent, Members of the Senate and especially the Hall family. A1l of us are proud of our friendship and relationship with Kenny Hall. I -- I think probably, for me, I the proudest part came toward the end when, With his encouragement I and -- and the support of Senator Jones, I tried to follow - tried to only follow - in hts shoes as the Mlnority Spokesperson for the Senate Approprlations Committee. But when I think of Kenny, I thlnk of the flrst time that I had the opportunity and honor to campaign with him, was a11 the way back in 1972. At that point, I was still a student at SIU and We Were campaigning durlng the fall of '72 down at East -- St. Mary's Hospital, Where an -- an added 1 wing was taking place. I think it's in East St. Louis. I know r Senator Watson knows where it ls exactly. But the last time I campaigned wieh him was in the fall many years later; it was this i last fall. And it Was a Sunday, in late October, where I had *he distinct privilege and -- and honor to join him on a trtp of tourlng many of the churches in -- in his district. And as we went from church tl church, you couldn't figure out which church 1 was Kenny Hall's because he was greeted at every church as though it was his own, and the ministers who -- who knew him treated hkm as though he was thelr parishioner. He stood up and introduced mer and as be introduced me, he did something that anybody Who 1 k l new Kenny Hall Was not surprised: He started off with a prayer. 1 Ee -- he prayed in the church, as he prayed here in the Senate, I and I'm certain in the privacy of his own home. And anybody who I j kngw me, knew that I could certainly use the prayers, and j I 65 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSLON SENATE TRANSCRIPT 34th Legislative Day April 19, 1995 certalnly our campaign cculd use the prayers as well. But as We continued throughout the churches, we finally arrived at -- at hlS church, the Catholic church, the final church that we visited that day, and as we entered, it was almost at the end of the service, but the priest toward the end of the service nc* cnly welcomed him boldly and with open arms and a warm hearty but he told the members of the congregation that with Kenny Hall was -- was an individual who never forgot why he began: and who was always there to lend a helping hand tc anybody who needed it. But he said, and I remember, the priest said he expected that Kenny even helped the angels. And as I sat there listening Eo Ehat quiet chuckle that many of us had heard from Kenny over the years, I thought of how Kenny exemplified the words of John Kennedy, so long ago , that Gods work on earth must truly be our own. Apparently, God needed a little more help in *he heavens, and tcday we gather as We remember our friend, and may our dear friend rest in peace.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio.
Thank youp Madam President and Ladies Gentlemen of the Senate, the Hall family. When I flrst came here to the Senate over twenty years agor Senator Ha1L said to me, HYou need to get to know me real good and fast, because I tntend to retire.'' Well that Was in 1975. And Senator Hall did what I thLnk he wanted to do, and that is that he Went to his Maker as a Member of the Illtnois General Assembly, the Illincls Senate. A1l of us were concerned when Sena*or Hall was hospitalized thîs last time, bu* Ne drew strength from his incredible dekerminationr from his incredible dedication, to live and to serve khe members and constituents from his distrlct. Many of us knew tha: Kenny had been i11 for some time, but he was here every day, he Was in that seat, he was on time. He was always gree*ing all of us very Warmly With his 66 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9: 1995 ! i enqaging smile and always With a joke or two, even when he Wasn't I i . feeltng good himself. And one thing I can rememyos over tue 1 twenty years, that Ken always enjoyed leading the Senate in 1ur cpening prayer, when a member of the clerqy was unav#ilabke to be wlth us. Yes: he was proud of his religlon wlthout questlon. Kenny was always also proud af his accomplishments, and he's received countless plaques and awards, but he was always concerned for those who were less fortunate. As we say farewell to you, cur friend, I am sure that you are at the righk hand of our Creator. We shall always be qrateful for having known Ken Hall. And, Kenny, I know you're listening today. We will always love you. We will always mtss you, b?E we will always remember you.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngells. SENATOR DeANGELIS: A1l of us in this Body have served aur entire career with Senator Hall. And I served my entire career on the Audit Commission with Senator Hakl. A truly amazing man who could be disappointedr but not be vindicative. He could disaîree without being hateful. He never carried a qrudge. Algays had a smile. Always had a joke and a story to tell. I remember one sEory in which he told me how he had - and everybody thought the South was the area of discrimination - hcw he pulled up to a club up in the northwest suburbs with another Senator and drove his car up and *he doorman told him where the chauffeur ouçht to park the car, 'cause he thcught Senator Hall was the Senator's chauffeur. And he would laugh about it. Now, how many of us would have an encounter like that and then laugh it off With a smkle? It showed that sense of character that the man had. T kno? I've stood across this aisle : and I tove to cook and every once in a While I'd brinq some of the leftoversy and I'd run them over to Senator Hall. And he told me one day, he saidy ''You know, my man'', he I 67 ) ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' I 34th Legislative Day April l9, 1995 i 1 1 saidy 'you are fast approaching the goodness of soul food.n And I j remlnded him that Italians had soul food, as well. I think one of 1 the things I want to say, and I normally don't like to get up on these occasions, but as we trace the history of Where we have come: there are names that are mentioned who are mileposts in movements. Senator Hall served down here, was never really credlted with -- with belng an outstanding leader in the Civil Rights Movement. But in his oWn Way, quietly and effectively, With the strength of his personality and his concerny he did more to promote relations than any, slngle person I've ever seen' from either side of the spectrum. He is gone from this Chamber, but I can truthfully say that his shadow will stay here for a very, very long time. And I think When our turn comes to leave, that hopefully we can have the words said about us that Were said abcut Senator Hall. Truly a great person.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Clayborne.
Thank youy Madam President, the Senate and the Hall family. I guess I knew Senator Hall -- excuse me -- a little different from everyone in here, other than his family. I have always known Senator Hall as Senator Hall, growtng up as a young -- as a little boy in the City of East St. Louis, and there was a elementary school that I went to by the name of Paul Lawrence Dunbar. And Senator Hall used to come to What Was called the May Festivalr and I always looked at Senator Hall and admired and wondered how can a man, or as a young boy then, achieve such status, achieve such respect that he received. During the time that I was going through college, going through 1aw school, East St. Louis was qoing through some very difficult times. There Was a flood ln 486: Erasb was not being collected. There were problems economically; the city was in great chaos. I can remember talking 68 y '' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19r 1995 to Senator Hall and other leaders from the area at that time. And ' I basically, the source or response that I received Was that if the ; resources that go away don't come back to make a difference, then l I this place Wikl never change. So, Senator Hallr as well as 1 ' numerous other individuals, influenced me to come back to the City of East St. Louis and to Ery to make a difference. Even after ' th j en, even after *he time in which I came backy there were a lot l of issues that came up regarding the City, and a lot of people I did i n't understand the stance that Senator Hall took a lot of I times. He took some stuff -- tough stances involvlng the City; i . I however, he was doing it fcr the best tnterests of his district, j and not just the City of East St. Louis. He met challenges l I head-on. And it remlnds me of a quote by the Reverend Dr. Martin I Luther King, and I think it fits Senator Hall perfectly, that the I I ultimate measure of a man or woman ts not where he or she stands j at times of comfort and convenience : but where he or she stands at l i times of challenge and controversy. Senator Hall was a mentor Lf I mine , and he will always remain a mentor of mine. Thank you. 1 I PRESIDING OPFICER: (SENATOR DONAHUE) I Senator Philip. I i SENATOR PHILIP: I Th i ank you: Madam President, Ladies and Gentlemen of Ehe Senate 1 and the wonderful Hall family. Youfre probably not awarez but I j served longer with Senator Hall than anybody tn ekther Chamber. And I'm trying to remember the first time that we met. And it was in 1966. It was downr I thfnk, Montkcello, Illknois, or Montitello Ksic>r Illinois at a freshmen Members' meeting, to teach us about the General Assembly and the leqislative process. And I Nas going goose hunting, so I had goose hunting clothes with me and my I shotgun and various other things. And believe it or not in those days, we had kind of a barracks arrangement, Nhere the freshman ; I Member would come in, and we'd just pick a cct in this barracks 69 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April 19, 1995 and as -- we spent the two days and tried to learn. And I was very fortunate because my barracks mate was Kenny Hall. He had the cot right next to me. I had not met Kenny before thak; didn't kncw him. We became very good friends. We talked a lot and we enjoyed each other's company. We served in the Illinois House for eight years together, and then we both got lucky and got elected to the Senate and came over here to the Senate. And , of eourse, we -- he and I have served together here in the Senate for twenty-one years. So that's been twenty-nine years that I have been his friend, his associate. We've had our ups; we've had our downs. Kenny Hall was always a gentleman: always had a great attitude. If I would say anything about Kenny Hally he had a great attitude and a great sense of humor. He's been a friend of al1 of us. think We've all learned and benefitted from Fenny Hall. And know today r he's up there looking down On us With a big smile on his face, 'cause, Kenny, We dre going ko miss you, and most of allz We're going to remember you .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones.
Thank you, Madam President. To the Hall family and my colleagues here in the Senate, I concur with al1 that has been said about our esteemed colleaguer our Democratic Caucus Chair. Kenny Hall was a great man, very unique. recall twenty-three years ago when I first met Kenny Hall. Havlng been elected from Chicago, I came to Springfieldy elected to the Rouse - when I first me* Patp Philip - and Kenny Hall came over and introduced himself to me. I sald, ''I'm so glad to see you.l' said, NWhat park of Chicago do you come frcm?'' He said, ''Wait a minute now. I'm from the land of milk and honey. vote With you soRetime, but I'm a downstater.'' ''You see, want you always Lo remember that'' he told me. He Was the type of person when I looked at his 70 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34*h Legislative Day April l9, 1995 I distrlct -- and we'd go through Ehese battles every year to see . hcw the lines are going to be drawn. When I looked at his district, he was elected from a district that was overwhelmingly a majority white district and got reelqcted year after year wlth hardly no challenge. I said, ,'This is a very unk'que indivtdual'', because everybody like Kenny Hall. In this Chamber, we've had our ups and downs between Democrats and Republicansr partisanship. But I know when he chaired the Appropriation Committee, even though he disagreed with some of the amendments and proposals, he did it in such a way that ycu did not become cffended and you respected him . And that's why we al1 care so much about Kenny Hall. I had an opportunity to visit the Holy Land With Kenny. He was a catholic; he believed deeply in h1s religion. And when we were in Bethlehem y the birthplace of Christ, and Kenny would tell me year after year, he would say to me, ''Ycu know, that was one of the greatest trips that I've ever had, is to go to the Holy Land.'' He was always teaslng me about my rlding the camelr and it was a guy who had on a -- some sort of outfit, and I thought he was from Israel. Come to find out, Kenny said, ''No, that guy is from Chicaqo'', you know. That's right. But he had -- he had his nicknames, he -- I1m glad to know that he named our colleague ''The Blade''F I wondered where that name came from, you know. But he was very unique in that even though he was in minority, he never complained. He -- he recognized -- he realized that one day he'd be back in the majority again, with the help of our esteemed colleagues on the other side. But he constantly reminded us that the duty of government - he said it time and time again, and Senator Welch alluded to it - Eo feed the hungryr to clothe the naked, and house the homeless. And those issues are still with us today. The family should be very proud of Senator Hall. I've served: as many of us have servedr with many, many Membersr some who have retired, some who have gone on, but I never heard one 71 . ) - STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 34th Legislative Day April l9, 1995 Member say anything negative regarding Senator Hall, because he was that kind of person that you loved, because of his personality, because of his caring and because he truly believed this instltution, a1l Members, whether they're upstatez downstate, Republicans or Democrats. So we're going to miss you, Kenny, good old Caucus Chair. I know you're up there With Sam, seeing who served the longest in this Bcdy. But the people of your district, the people of Illinois, those us who serve this Chamber are much better off because Kenny did serve.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones has moved the adoption of Senate Resoluticn 49. All thcse favor of this resolution: please rise. .. . tmicrophone cutcffl...stands adjourned until noon, Thursday, April 20th. F HEPQRI: IIFLDAY STATE OF ILLINOIS 96/09/11 PZGE: 001 89TH GEMERAL ASSEMBLY 16:18:36 SENATE DAILY TRANSCRIPTION 0F DEBATE INDEK APRIL 19, 1995 H8-0956 FIRST READING HB-1246 PIRST READING HB-1M73 FiRS; READING HB-1)7R FIRST READING H8-1969 FIRST REZDING SB-0R48 SECOND READING SB-0R59 SECOND READING 5B-0501 :ECOND REkDIMG 58-0502 SECOND READINC 38-0503 SECOND REâDING sB-0504 SECOND RCZDING SB-0505 SECQND REâDING s8-0506 3BCOND READIMG 38-0543 SECOND RELDING SB-058R SECOKD READING 58-0679 SECOMD READING SB-0700 SECOND REZDING SB-0718 SECOVD REâDING s8-0728 3ECOND READIMG 58-0749 SECOMD REZDING 58-0761 SECOKD RZâDING 58-0763 THIRD REâDING SB-077% THiRn READING 58-0777 SECOND READING 58-0793 SECOND READING SB-08O4 THIRD REZDING 58-0808 SECOND REZDING SB-0810 THIRD READING sB-0811 THIRD REâDING SB-0831 THIRD READING 58-0832 SECOND REZDING SB-08R3 SECOND READING 58-0846 THIRD REâDIMG SB-086R IHIRD READING 58-0869 THIRD READING 58-0885 SECOND READING SB-0905 THIRD READING SB-0910 THIRD READING SB-0943 THIRD READING 58-0948 THIRD REZDING 58-0951SECOND REâDICG 58-0956 THIRD READING SB-0991 SECQND RCADING :B-1019 SECOND READING SB-1:33 SECOND RBZDING :B-1100 SECOND READING SB-:1O6 SECOND READING SB-1107 SECOND REZDING :8-1129 SECOND READING 53-1205 SECOND READING sR-00M9 ADOPTED :R-O0R9 RCSOLUTION OFFERED SUBJECT HATXER SENàTE T0 ORDER-PHESIDENT PHILIP PZGE 1 PRAYER-FATHER KURT OHLSEN PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOURNZL-PO3TPONED PAGE 1 COMMITTEE REPORTS PAGE 1 HESSZGE FROH THE HOUSE PAGE 2 INTRODUCTION OF GUESTS-SENATOR HAITLAND PAGE 13 GUEST SPEAKER-CO&CH CâL QDBBâRD-U-HIGH, NORHàL PAGE 13 H0L0C2U3T COMMEHORZTION-SEVATOR BERHZN PZGE 16 REPORT:TIFLDAY STATE OF ILLINOIS 96/09/11 P2GE: 002 89TH GENERAL ASSEMBLY 16:18:36 SENZTE DAILF TRZNSCRIPTIOM OF DEBATE INDEK âPRIL 19, 1995 SUBJECT MATTER ! COMHITTEE REPORTS PAGE 55 1 HESSAGE FROH THE MINORITY LEADER PZGE 56 REMARKS-TRIBUTE T0 SENZTOR HALL PAGE 57 ADJODRVHENT PAGE 72