(Introduces the team, coaches and staff to the Illinois Senate)
Aqainr thank you very much, and -- and we're honored to have you here and want to congratulate you and hope you do it again next year.
Senator Syverson , for what purpose do you rise?
Point of personal privilege .
State your point .
I 'd like to welcome in the galleries on both sides - in fact , a1l around you are -- are friends and coworkers and civic leaders frcm Illinois ' second city , Rockford y Illinois . And I 'd like to have them rise and be ...
Senato r Syverson .
And also on behalf of Senator Burzynski and myself , we 'd like to -- we hope that a11 of you enjoyed your lunch on -- on behalf of the -- the Chamber and tbe -- the packets of infcrmaticn you 've received over the last two days. And if you have a chance , stop down in the Rctunda and see all the -- a1l their activities and b00th set up that help explain a lot about Rockford , which is , as you knows thê second-largest city in the State of Illincis and a 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 major manufacturing hub for this State. Thank you.
Senator Donahue, for what purpose do you rlse? SENATOR DONAHUE: ! Well, thank youy Mr. President. I Would just like to call for i 1 a Republican Caueus lmmediately in Senator Pate Philip's Office. E
That request is always in order. I'm assuming that We Will be E at least a half hour. I would suggest we will probably stand at ease until about 1:15. (SENATE STANDS IN RECESS) (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DeANGELIS) The Senate will please come to order. Committee Reports, Mr. Secretary.
Senator Karplelr Chair of the Committee on Executive, reports Senate Bills 247, 429, 450, 585: 674, 801: 825, 826 and 1123 Do Pass; Senate Bills 643, 720 and 1186 Do Pass, as Amended; Senate Amendment 2 to Senate Bill 772 Be Adopted and Senate Amendment l to Senate Bill 830 Be Adopted. Senator Raica, Chair of the Committee on Public Health and ; Welfare, reports Senate Bills 198, 662 and 975 Do Pass; Senate Bills 57, 143, 181, 189, 190, 331, 358, 359, 443, 445, 523, 562, 577: 596, 709, 847, 964, 1097, 1113, 1133 and 1195 Dc Pass, as Amended; Senate Amendment 2 to Senate Bill 758 Be Adopted, Amendment l to Senate Bill 8l6 Be Adopted: and Amendment 2 to 3 l .. . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Senate Bill lQ80 Be Adop*ed. Senator Madigan, Chair of the Committee on Insurancer Pensions and Licensed Activities, reports Senate Bills 287, 346, 423, 554, 738, 842: 1027 and 1093 Do Pass; Senate Bills 260, 349, 422, 525, 534, 736, 859, 977, 978: 1081, 1082, 1094 and 1183 Do Pass, as Amended; and Senate Amendment 4 to Senate Bill l00 Be Adopted. Senator Mahar, Chair the Committee on Environment and Enerçy, reports Senate Bills 399 and 818 Do Pass; and Senate Btlls 46, 460, 630 and 694 Do Pass, as Amended; Senate Amendment l to Senate Bill 276 Be Tabled by Sponsor; and Senate Amendment 2 to Senate Bill 276 Be Approved for Ccnsideration. Senator Peterson, Chair of the Committee on Revenue, reports Senate Bill 135, 563, 564, 565, 568, 7l6 and 753 Do Pass; Senate Bills 126, 213, 393, 401, 541, 726, 729 and 1022 Do Pass, as Amended; and Senate Amendment 1 to Senate Bill 472 Be Adopted. And, Senator Barkhausen, Chair of the Committee Financial Institutions, reports bills -- Senate Bills 304, 356, 552: 553, 660, 1060 and 1083 Do Passr as Amended.
PRESIDING OFFICER: (SENATOR DeANGELIS) Resolutionsr Mr. Secretary.
Senate Resolution 50, offered by Senator Clayborne. And Senate Joint Resolution 4lr offered by Senator Clayborne, Jones and others. They pre both substantive, Mr. President.
PRESIDING OFFICER: (SENATOR DeANGELIS) Messages from the House.
A Message from the House by Mr. McLennandr Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has passed bills of *he following STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legiskative Day April 20, 1995 I titles, in the passage of which I am instructed to ask the i I concurrence of the Senate, to wtt: j House Bills 36, 222, 249, 532, 597, 689, 974, 1140, I I 1270 and 496. j A1l passed the House, April 19th, 1995. I
PRESIDING OFFICER: (SENATOR DeANGELIS) House Bills 1st Reading .
House Bill 178, offered by Senator O 'Malley. (Secretary reads title of bill) House Bill 222, by Senator DeAngelis. (Secretary reads title of bill) House Bill 300, by Senator Smith. (Eecretary reads tytle of bill) House Bill 471, by Senator Burzynski. (Secretary reads title of bill) House Bill 497, by Senator Tom Dunn. (Secretary reads title of bill) Senator Klenm offers Hcuse Bill 553. (Secretary reads title of bill) House Bill 597 is offered by Senator Tom Dunn. (Secretary reads title oc bi1l) House Bill 731, Senator Cronin. (Secretary reads title of bill) Senator Madigan offers House Bill 781. (Secretary reads title of bl1l) House Bill 897, by Senator Hawkinson. (gecretary reads title of bill) House Bill 955, Senators Karpiel and Fawell. (Secretary reads title oc bill) 1 House Bill 1130, by Senator Woodyard. 1 ' (Secretary reads title of bil1) 1 5 ' -- L == - - - - STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leqëslative Day April 20, 1995 Senator Geo-Raris offers House 3i1L 1498. (Secretary reads title of bi11) House Btll 1510, by Senator O 'Malley. (Secretary reads title of bill) House Bill 1708, by Senator O 'Ma11ey. (Secretary reads title of bikk) House Bill 1800, Senator Watson. (Secretary reads title of bill) House Bill 1810 is presented by Senator Peterscn. (Secretary reads title of btll) House B1ll 1842, by Senator Burzynski. (Secretary reads title of b1l1) Hcuse Bill 2326, by Senator O 'Malley. (Secretary reads title of bill) And House Bill 496: by Senator Fktzgerakd. (Secretary reads title of bill) 1st Reading of the btlls.
PRESIDING OFPICER: (SENATOR DeANGELIS) On page 2 of today's Calendar is the Order of Senate Bills 2nd Reading. might remind the Members to start moving their bills 'cause we're getting very close to those deadkines. On page 2 is Senate Bill 3. Read the bill, Mr. Secretary.
Senate Bill (Secretary reads title of bill) 2nd Reading of the bill. No commlttee or Flocr amendments, Mr. President.
PRESIDING OFFICER: (SENATOR DPANGELIS) 3rd Reading. Senate Bill senator Fitzgerald? Take out of the record. Yes. Okay. Put it back in the record.
Senate B(ll l4. 6 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprll 20, 1995 (Secretary reads ti*le of bi1l) ; 2nd Reading of the bill. The Committee on Judiciary adopted I ! Amendmen: No. 1. PRESIDINGOFFICER: (SENATORDeANGELIS) 1 Have there been -- been any Floor amendments approved for consideratlon? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Readinç. Senate Bill 62. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bikk 62. (Secretary reads title of btll) 2nd Readlng of the bill. No ccmmittee or Floor amendments. PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. For what purpose does Senator K1emm ... SENATOR KLEMM: I tried to get your attention, Mr. Presldent. I would like to ask leave to have Senate Bill 62 recommitted to the Revenue Committee and no* moved to 3rd Reading. It Was -- I didn 't catch your attention. PRESIDING OFFICER: (SENATOR DeANGELIS) That motlon is always in order. SENATOR KLEMM : . Thank you. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm has asked that Senate Bill 62 be recommltted to Revenue Committee. All those in favor; signify by saying Aye. 1 Al1 oppcsed, say No. It is recommltted. Senate Bill 130. Senator del Valle? Read the bill, Mr. Secretary. SECRETARY HARRY: 1 I Senate Bill 130. I 7 y ' . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leglslattve Day April 20: 1995 (Secretary reads title of bill) 2nd Reading of the bill. The Ccmmlttee on Education adopted Amendment No . 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floor amendments considered for approval?
No further amendments reported.
PRESIDING OFEICER: (SENATOR DeANGELIS) 3td Reading. Senate Bill Senator Peterson. Take Out of the record. Senate Bill 134. Out of the record . Senate Bill 137. Senator Raica? Senator Raica? Take lt out of the record. Senate Bill 2407 Senator Woodyard? Read the blll# Mr. Secretary.
Senate 240. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floor amendments that have been approved for conslderation?
Pardon me, Mr. President. The Committee on Judiciary adopted Amendments l and 2.
PRESIDING OFFICER: (SENATOR DeANGELIS) Are there any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 256? Senator Butler? Read the bill, Mr. Secretary.
8 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leqislative Day April 20, 1995 House <sic> Bill 256. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Flocr amendments that have been approved for consideration?
No further amendments repcrted.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading . Senate Bill 265. Senator Garcia? 265? Read the bill, Mr. Secretary.
Senate 3il1 265. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate B11l 270. Senator Geo-Karis. Senator Geo-Karis, Senate Bill 270? Read the bill, Mr. Secretary.
Senate Bill 270. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judieiary adopted Amendments 1 and 2.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floor amendments approved considgraeion?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Rmading. Senate Bill Senator Mahar. Take it out of the record. Senate B1ll 312. Senator Bowles. Read the billr Mr. 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 35th Legislatlve Day April 20, 1995 Secretary. ' SECRETARV HARRY: I Senate Bill 312. ! (Secretary reads title of bl1l) 1 ; 2nd Reading of the bill. The Conmittee on Judiciary adopted 1 Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floor amendments for consideratlon?
No further amendments reportedy Mr. President.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Readtng . Senate Bill 317. Senator Cronin? Take it out of the record. Senate Bkll 320. Senator Butler? Read the bill, Mr. Secretary.
Senate Bill 320. (Secretary reads tltle of bill) 2nd Reading of the blll. The Committee on Commerce and Industry adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Flocr amendments approved for consideration?
No further amendments reported.
PRESIDENG OPFICER: (SENATOR DeANGELIS) 3rd Reading. Senate B(1l 332. Senator Molaro? Read the bill, Mr. Secretary. SECRETARY HARRV: . Senate Bill 332. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judlciary adopted ; I Amendment No. 1. 10 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislatëve Day April 20, 1995
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floor amendments approved for consideration?
No further amendments repcrted .
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. For what reason does Senator Walsh seek recognition? Senator Walsh.
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DeANGELIS) State...
I would like to honor -- I Would like to introduce a very special guest that we have with us the front of the Chamber, a former Illlnoisan, the former Press Secretary of our beloved friend and former Illinoisan, Ronald Reagan. From Centralia, Illinois, Jim Brady is here.
PRESIDING OFFICER: (SENATOR DeANGELIS) Welcome back to Illtnois, Mr. Brady. Senate Bill 336. Senator Sieben? Senator Siebenr 3367 Take out of the record. Senate Bill 337. Senator Sieben? Take it out of the record. Senate 3ill 344. Senator Jones. Read the bill, Mr. Secretary. SECRETARY HARRY; Senate Bill (Gecretary reads title of bi11) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Eloor amendments approved for consideration?
STATE OF ILLINOIS i 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Nc further amendments reported.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading . Senate Bill 354. Senator Barkhausen. Senatcr Barkhausen, 354? Take it out of the record. 355. Senator Barkhausen? Take it out of tbe record. 357? Senate Bill 377, Senator Watson. For what reason does Senator Fawell seek recognition? Oh . Senate Bi1l 395. Senator Fawell. Read the bill, Mr. Secretary.
Senate Bill 395. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Amendment No.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Flcor amendments that have been approved for constderation?
No further amendments reported.
PRESIDING OFPICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 397. Senator Philip. Take it out cf the record . Senate Bil1 412. Senator Dudycz. Yes. Read the bill, Mr. Secretary.
Senate Bill 412. (Secretary reads tltle of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted Amendment Na. 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floor amendments approved for consideration?
No further amendments reported. 12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislatlve Day April 20, 1995 PRESIDING OFFICER: (SENATOR DeANGELIS) I Senate Bill -- 3rd Reading Reading. Senate Bill 415. Senator Dudycz. Read the billr Mr. Secretary. SECRETARY HARRY: . Senate Bill 415. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 427. Senator Dcnahue? Senator Donahue. Okay. Senate Bill 434 -- take it out of the record. Senate Bill 434. Senator Cronin. Senator Croninr 434. Senator Croninr 434. Take it out of the reccrd. Senate Bill 438. Senator Cullerton. Senator Cullerton? Take it out of the record. Senate Bi11 439. Senator Cullerton? Take it out of the record. Senate Bill 441. Senator Klemm . Read the bill, Mr. Secretary.
Senate Bill 441. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopEed Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floar amendments approved for consideration?
i No further amendments reported . PRESIDING OFFICER: (SENATOR DeANGELIS) E 13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 3rd Reading. Senate Bill 472. Senator Peterson. Read the bill, Mr. Secretary.
Senate Bkll 472. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR DeANGELIS) Reading have there been any Floor amendments approved for consideration?
Amendment No . lr offered by Senator Peterson.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Peterson.
Thank you, Mr. President. Very briefly, Senate Amendment l to 472 was a -- a technical amendment asked for by the County Assessor of Cook County, Mr. Hynes, because the Cook County process is different than the other hundred and one counties. And this brings everything into play, and I ask for approval of the Amendment 1 to 472.
PRESIDING OFFICER: (SENATOR DeAHGELIS) Is there any discussion? If not, Senator Peterson moves the adoption of Amendment No. l to Senate Bill 472. Those in favor, signlfy by saying Aye. Opposedy say Nay. The Ayes have Any further Floor amendments approved for consideration?
No further amendments reportedy Mr. President.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading . Senate Bill 478. Senator Karpiel? Read the bill, Mr. Secretary.
Senate Btl1 478. 14 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20y 1995 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted Amendment No . PRESIDING OFFICER) (SENATOR DeANGELIS) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 511. Senator Petka? Read the bill, Mr. Secretary .
Senate Bill 511. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 524. Senator Maitland? Read the bill, Mr. Secretary. SECRETAR? HARRY: Senate Bill 524. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportaticn adopted Amendment No.
PRESIDING OFFICER: (SENATOR DeANGELIS) Are there any Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 539. fenator FaWêl1. Read the bill, Mr. Secretary.
Senate Bill 539. 15 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 (secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floor amendments approved?
No amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DeANGELIS) For what reason does Senator Fawell seek recognltion?
W1l1 you please take thak out of the record? sorry. We haven't got the amendment ready yet.
PRESIDING OFFICER: (SENATOR DeANGELIS) A1l right. We 'll take it out of the record. Okay. Take it out of the record. Senate Bill 540. Senator Maitland. Read the billy Mr. Secretary.
Senate Bill 540. (Secretary reads title of bill) Reading of the bill. The Committee on Revenue adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Are khere any Floor amendments that have been approved for consideration?
No further amendments reported.
PREGIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 559. Senator Fawell? Senator Fawell, 559? Read the bill, Mr. Secretary.
senate B1l1 559. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transpcrtation adopted 16 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprll 20, 1995 Amendment No.
PRESIDING OPFICER: (SENATOR DeANGELIS) Are there any Floor amendments that have been approved for consideratton?
No further amendments reported.
FRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 580. Senator Dunn? Read the bill, Mr. Secretary.
Senate Bill 580. (Secretary reads title of bill) 2nd Readtng of the btll. No commlttee or Floor amendments.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 586. Senator Klemm. Read the bill, Mr. Secretary.
Senate Bill 586. (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Local Government and Elections adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Are there any Floor amendments approved for consideratlon?
No further amendments reported.
PRESIDING OPFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 588. No. Take lt out of the record. Senate Bill 599. Senator Eawkinsln. Read the bill, Mr. Secretary. SECRETARY HARRY) Senate Bill 599. (secretary reads title of bill) 17 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprll 20, 1995 2nd Reading of the bill. No committee or Fioor amendments.
PRESIDING OFPICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 600. Senator Hawktnson. Read the blllr Mr. Seeretary.
Senate Bill 600. (Secretary reads title of btlk) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading . Senate Bill 602. Read the bill, Mr. Secretary.
Senate 602. (Seeretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDTNG OFFICERI (SENATOR DeANGELIS) 3rd Reading. Senate Bill 6ll Senator Donahue? Senator Donahue. Take out of the record. Senate Bi11 Read the bill, Mr. Secretary.
Senate Bill 613. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFPICER: (SENATOR DeANGELIS) Have there been any Floor amendments eonsldered? SECRETARY HARRY) No no further amendments reported, Prestdent. PRESIDING OFFICERI (SENATOR DeANGELIS) 3rd Readtng . Senate Blll 616. Senaeor Malkland. Read thê bill.
Senate Bill 616. (Secretary reads title of b1ll) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 2nd Readlng of bill. The Committee on Public Hea1th and Welfare adopted Amendment No. PRESIDING OFFICER; (SENATOR DeANGELIS) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Readlng. Senate Bill 620. Senator Butler. Read the b111.
Senate Bill 620. (Secretary reads title of bill) 2nd Reading of the bill. No commlttee or Floor amendments.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 623. Senator Butler. Read the bill, Mr. Secretary.
Senate Bill 623. (Secretary reads title of bill) 2nd Reading of the bill. The Department Isic> of Agriculture and Conservation adopted Amendment No.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floor amendments approved for consideration?
No further amendments reporEed. PRESIDING OFFICER) (SENATOR DeANGELIS) 3rd Reading . Senate Bill 628. Senator O 'Malley? Read the billy Mr. Secretary.
Senate Bill 628. (Secretary reads eltle of bill) 19 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 2nd Readlng of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading.
PRESIDING OFFICER: (SENATOR WATSON) Senate Bill 656 I beg your pardon. 636. Senator Parker. Mr. Secretary, please read the bill.
Senate Bill 636. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local GovernRent and Elections adopted Amendment No.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been appraved for consideratton?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator DeAngelis: for what reasoa do you rise? SENATOR DeANGELIS: Thank you, Mr. Secretary <s1c>. There are many, many important things happened on this date, but probably the most important thin: that ever happened this Bady was the birthday Senator Laura Donahue. And I Would like to tell you that it is her birthday. Senator Donahuer happy birEhday: and glad to have you in the Body.
PRESIDING OFFICER: (SENATOR WATSON) 20 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Thank you, Representative <sicb DeAngells. And >- Senator Donahue, for What purpcse do you rise?
Thank you very much, Mr. Presldent. would like to thank Senator Philip for a beautiful eake and lnvlte a1l of you to have a piece in the front of the well.
PRESIDING OFFICER: (SENATOR WATSON) Well I think we can say that fifty-elght of us certainly wlsh you a a happy birthday and many returnsz Laura. Senator Jacobs, for what purpose do you rise?
Also a point of personal privilege. Evidently..
PRESIDINC OFFICER: (SENATOR WATSON) Please state your point.
Evidently good things come in twos because: alsor Saturday is also Evelyn Bowles' birthday. So r we'd also like to uish her a happy birthday on Saturday.
PRESIDING OFFICER: (SENATOR WATSON) Senator Bowles. Very good. Happy birthday . We all wish you Well. Senate Bill 656. Senator Maitland . Senator John Maitland, on Senate Bill 656. Mr. Secretary, take it out of the record . Senate Bill 664. Senator Tom Dunn. Out of the record . Senate Bill 690. Senator Weaver? Senator Weaver? Out of the record . Senate Bill 691. Senator de1 Valle. Senator del Valle. Please read the -- the billr Secreeary. SECRETARY HARRY; Senate Bill 691. (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20y 1995 Have there been any Floor amendments that have been apprcved for consideration?
No further amendmen*s repprted.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 706, Senator Dudycz? Mr. Secretary, please read the btll.
Senate Bill 706. (Secretary reads title of bill) 2nd Readtng of the btll. The Committee on Local Government and Elections adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WATSON) Are there any other Ploor amendmgnts approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) Reading. How about Senate Bi1l 708, Senator Woodyard? Please read the bill, Mr. Seeretary.
Senate Bill 708. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Amendment No.
PRESIDING OFFICER: (SENATOR WATVON) Are there any other Floor amendments Ehat have begn approved for consideratton?
NO further amendments reported. PRESIDING OFFICER) (SENATOR WAQSON) 3rd Reading. Senator Lauzen? Senator Lauzen, on Senate 22 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 721. Please read the bill, Mr. Secretary.
Senate Bill (Secretary çeads title of bill) 2nd Readin: of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill Senator Lauzen. Out of the record. Senate Bill 731. Senator Maitland. Please read the bill, Mr. Secretary.
Senate Bill (Secrekary reads title of bill) 2nd Readlng of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 741. Senator Sieben. Please read the bill: Mr. Secretary.
Senate Bill 741. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bill 747. Senator Dudycz? Please read the bill, Mr. Secretary.
Senate Bill (Secretary reads Eltle of bill) 2nd Readlng of the bill. The Comm lttee on Judickary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments Ehat have been approved for consideration?
13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 l No furbher amendments reported. i j PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 760. Senator Lauzen? Senator 1 Lauzen. Out of the rqcord, please. Senate Bill 768. Senator Petka? Senator Petka? Out of the record. Senate Bill 776. Senator Parker. Please read the bill, Mr. Secretary. SECRETARX HARRY: Senate Bill 776. (Secretary reads title of b1l1) 2nd Reading of the bill. The Committee on Transportation adopted Amendments 1 and 2. PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration? SECRETARY HARRY: No further amendnents reported. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 781. Senator Karpiel. Please read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 781. (SecreEary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration? . SECRETARY HARRY: No further amendments reporked. PRESIDING OFFICER: (SENATOR WATSQN) 3rd Rpading. Senate Bill 782. Senator Hawkinson? Out of the record. senate Bill 787. Seaator Severns? Please read the bill, j 24 . r, ' -. ... . . . . .. . .- STATE OF ZLLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 35*b Legëslatlve Day Aprll 20y 1995 Mr. Secretary. SECRETARY EARRY: I : Senate Bill 787. I (Seçretary reads title of bill) I l 2nd Readtng of the blll. The Committee on Judiciary adcpted I A I mendment No. 1. I PRESIDING OPFICER: (SENATOR WATSON) I Have there been any Ploor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR WATSON) 3rd Readlng . Senate Bill 788. Senator Rarpiel? Mr. Secretaryr please read the bill.
Senate Bilk 788. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bl11 798. Senator Lauzen. 0ut of the record. Senate Bill 802. Senator Barkhausen? Mr. Secretary, please read the bill.
Senate Bill 802. (Secretary reads title of bill) I 2nd Reading of the bill. The Committee on Education adcpted I 25 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Amendments l and 2.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments approved?
No further amendments reported .
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Mr. Secretary, please read Senate Blll 812, by Senator Bowles.
Senate Bill 812. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Flaor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate BiLI Senator Ratca? Senator Raica? Out of the record. Senate Bill 820. Senator O'Malley? Senator O 'Malley? on 820. Ptease read the bill, Mr. Secretary.
Senate Bill 820. lsecretary reads title of bill) 2nd Readlng of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 823. Senator Mahar? Senator Mahar. Out of the records Mr. Secretary. Senate Bill 824. Senator Mahar? Out of the record. Senate Bill 829. Senator O 'Malley. beg your pardon. There's a fiscal note on that, Senator O lMalley. Senate Bill 833. Senator Farley? Please read the bill, Mr. Secretary.
Senate Bi11 833. (Secretary reads title of bil1) 2nd Readlng of the bfll. The Commtttee on Judkciary adopted Amendment No. 1. 26 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprfl 20# 1995
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments approved for consideration?
No ëurther amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 838. Senator Hawkinson. Please read the bill, Mr. Secretary.
Senate Bill 838. (Secretary reads title of bill) 2nd Readin: of the bill. The Committee on Judiclary adopted Amendment No.
PRESIDING OFFICER: (SENATOR WATSON) Is there any Floar amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 850. Senator Ralca? Out of the record. Senate Bill 854. Senator Molaro? Please read the bill, Mr. Secretary.
Senate Bill 854. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WATSON) Are there any Floor amendments that have been approved?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 35th Leglslative Day April 20r 1995 i 3rd Reading. Senate Bill 857. Senator Dillard. Senatcr i Dlllard on the Floor? Out of the record. Senate Bill 868. I I Senator SaWkinson. Mr. Secretaryy please read the bill. I
Senate Bill 868. (Secretary reads title of bill) 2nd Readlng of the b1l1. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WATGON) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Readlng, please. Senate Bill 891. Senator Petka? Senator Petka. Ed Petka. Senate Bill 891. Please read the bill, Mr. Secretary.
Senate Bill 891. (Secretary reads tltle of bl1l) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Readkng. Senate Bill 893. Senator Hawkinson? Please read the billy Mr. Secretary.
Senake Bill 893. (Secretary reads tttle of bill) 2nd Rpading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 895. Senator Hawkinson? Please read the bill, Mr. Secretary.
28 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT . 35th Leqislative Day Aprll 20: 1995 i senate Bkll 895. I I (Secretary reads title of bill) 2nd Readlng of the bill. The Committee on Judiclary adopted 1 Amendneat No. 1.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration? SECRETARY HARRY) No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 896. Senator Hawkinson. Please read the bilk, Mr. Secretary .
Senate Bill 896. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 897, Senator Tom Dunn. Senator Tom Dunn? Out of the record. Senate Bill 931. Senatcr Klemm? Please read the blll, Mr. Secretary.
Senate Bill 931. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Electkons adopted Amendment No . 1.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideratton?
No further amendments reported. '
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 949. Senator Klemm. Please read 29 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT i i 35th Legislatkve oay Aprîl 20, 1995 I I the bkll. 1 I Sgnate Bill 949. I : (Secretary reads title of bfll) 2nd Readin: of the bill. The Committee on Local Government and Elections adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?
No furtber amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator O'Malley, on Senate Bill 954. Please read the blll, Mr. Secretary.
Senate Bill 954. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adcpted Amendment No . 1.
PRESIDTNG OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
FRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 971. Senator O'Malley? Senator O 'Malley: on 971? Please read the bill, Mr. Secretary.
Senate Bill 971. (Secretary reads title of bill) 2nd Reading of the btlt. The Committee on Education adopted Amendment No. 1. 30 ' - -- - -. - '- -. ..- - .. - - . --.. - -. . STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSLON SENATE TRANSCRIPT 35th Leglslative Day April 20, 1995 I i PRESIDING OFFICER: (SENATOR WATSON) i I Have there been any Floor amendments that have been approved 1 f 1 orconsideration? 1 SECRETARX HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR WATSON) Thirty-one -- 3rd Readins. Senator Hendonr on Senate Bill 996. Senator Hendon. Out of the record. Senate Bill 998. Senator Berman. Art Berman, on 998. Please read the bL1ly Mr. Secretary. SECRETARY HARRY: Senate Bill 998. (Secretary reads title of bill) 2nd Reading of the bill. The Commkttee on Education adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for eonsideration? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1025. Senator Fawell? Senator Fawell. Please read the bill, Mr, Secretary. SECRETARY HARRY: Senate Bill 1025. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1. PRESIDING OPFICER: (SENATOR WATSON) Have there been any Floor amendments approved for consideration? SECRETARY HARRV: 31 ' ) - - . L. . = -. - - - . -. STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 No further amendments reported. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1028. Senator O'Ma11ey. Please read the bill. j SECRETARY HARRY: Senate Bill 1028. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR WATSON) Are there any Floor amendments that have been approved for cons ide rati(7n? SECRETARY HARRY: No further amendments reported . PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senakor Palmer? Please read the bill: Mr. Secretary . Senate Bill 1034. SECRETARY HARRY : Senate B11l 1034 . (SecreEary reads tit1e of blll) 2nd Reading of the bil1. No cofnmittee or Flcor amendments. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bi11 1038 . Senator Hawkinson . Please read the bill , Mr. Secretary . SECRETARY HARRY : Senate B il1 l038 . (Secretary reads title of bill) 2nd Readin: of the bill . Tbe Committee on Judiciary adopted M endment No . l . PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved fo r conside rat1on ? 32 h$2 ' STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislatlve Day April 20, 1995
No further amendnents reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Please read the bill, Senate Bill 1039, Senator Fawell, Mr. Secretary.
Senate Bill 1039. (Secretary reads title of b1ll) 2nd Readinç of the bill. The Committee on Transportation adopted Amendment No.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved fcr consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Please read Senate Bill 1067. Senator Klemm.
Senate Bill 1067. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted Amendment No.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRCSIDIHG OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bkll lQ80. Senator Fawell? Senator Fawell, do you wish to call Senate Bill 1080? Please read the bill, Mr. Secretary.
33 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Senate Bill 1080. (Secretary reads title of bill) 2nd Readlng of the bill. The Committee on Publlc Health and Welfare adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?
Amendment No . 2, offered by Senator Fawell.
PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell, on Amendment No . 2.
Senate Amendment No. 2 adds dissolution of marrtage, legal separation and declaration of invalidity of -- of the marriage to the cases ta whëch the filëng fees shall be assessed .
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussëon? Any discussion? Al1 those in favor, please say Yes. Opposed, Nay. The Ayes have it, and the amendment is adopted. 3rd Reading. With leave of the Body, I'd like take the opportunity to to introduce a group here in the gallery that happens to be from my district. It's the Al1 Saints Academy from Breese, Illinois, located in Clinton County, the home of our former State Treasurer, Jim Donnewald, and I'd like for our guests in the gallery to please -- please rise. And certainly, welcome to the Senate. Senate Bill 1089. Senator Dillard. Please read the bill, Mr. Secretary .
Eenate Bll1 1089. (Secretary reads title of bill) 2nd Reading of the bill. The Committee cn Judiciary adopted Amendment No.
PRESIDING OFFICER: (SENATOR WATSON) 34 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Have there been any Floor amendments that have been approved I for consideration?
No further amendments reported.
PRESIDINC OFFICER: (SENATOR WATSON) 3rd Readlng. Senate Bill 1115. Senator Rea? Senator Rea. Out of the record. Wlth leave of the Bcdy, Senator Demuzio would ltke to handle Senate Bill 1139 for Senator Shadid. Leave being granted, Senator Demuzio, on Senate BilL 1139. Please read the blll, Mr. Secretary.
Senate Bill 1139. (Secretary reads title of btll) 2nd Reading of the bill. The Conmittee on State Government Operations adopted Amendment No . 1.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1140. Senator Geo-Karis. Please read the bilk, Mr. Secretary.
Senate Bill 1140. (Secretary reads tltle of bill) 2nd Reading of the bill. Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WATSON) Are there any Floor amendments that have been approved for consideration?
35 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 35th Legislative Day April 20, 1995 : No further amendments reported. I PRESIDING OFFICER: (SENATOR WATSON) I 1 3rd Readtng . Senate Bill 1152. Senator Rauschenberger. I Please read the bill, Mr. Secretary.
Senate Bil1 1152. (Secretary reads title of bill) No commlttee amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill... Have there been any Ploor amendments that have been approved for consideration?
Amendment No. 1, offered by Senator Rauschenberîer,
PRESIDING OFPICER: (SENATOR WATSON) Senator Rauschenberger, on Amendment No. 1.
Amendment -- Amendment No. 1 to Senate Btll 1152 is a technlcal clarkfication that makes it clear in the bill that the bill is prospective.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any dlscussion? All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. 3rd Reading. Senate Bill 1187. Senator Dillard? Please read the bill. Mr. Secretary.
Senate Bi11 1187 . (Secretary reads title of bill) 2nd Reading of the btlt. No committ/e or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bfll 1197. SenaEor Raica? Please read *he bklly Mr. Secretary.
36 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Senate Bill 1197. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1200. Senator O'Malley? Please read the bill: Mr. Secretary .
Senate Bill 1200. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bi11 1206. Senator Barkhausen. Out of the record. senator Fawell, for what purpose do you rtse?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR WATSON) Please state your point, Senator.
have a Page here who ls celebrating her big thirteenth blrthday, by the name of Anne Mahoney. She ls Senator Dillard 's custodian, but she ls my Page, and we would like to wish her a happy birthday.
PRESIDING OFFICER: (SENATOR WATSON) Will Ann stand up? Happy birthday, and many more returns.
PRESIDING OFFICER: (SENATOR GEO-RARIS) Committee ReporEs.
Senator -- Senator Weaver, Chairman of the Committee on Rules, reports that the following Legislative Measures have been assigned to committees: Senate Amendment No. Ksic> (2) to Senate Bill 355, Senate Amendment No. to Senate Bill and Senate Amendment No. to Senate Bikl 805 - referred to the Commerce and 37 STATE OF ILLINOI; 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Industry Commlttee; Senate Resolutions 42 and 50 referred to Executive Committee; Senate Amendment No. 2 to Senate Bll1 80, and Senate Amendment No. 2 to Senate Btll 947, and Senate Amendment No. 2 to Senate Bill 1066 - referred to the Local Government and Elections Committee; Hcuse Bill 496 referred to the State Government Operations Committee; Senate Amendments and to Senate Bill 539 referred to the Transportatkon Committee; and Senate Amendment No. to Senate Bill 613, Senate Amendment No. to Senate Bill 816, Senate Amendment No. 2 to Senate Bill 979, Senate Amendment No . to Senate Bill 983, and Senate Amendment No. 2 to Senate Bill 1129 Be Approved for Consideration.
PRESIDING OFFICER: (SENATOR GEO-XARIS) Page 13 of today 's Calendar ls the Order of Senate Bills 3rd Readlng, and we wlll start -- and it's the lntention of the Chair to proceed where we concluded yesterday. Senate Bill 958. Senator Watson. Madam Secretaryr Will you read the bill.
Senate Bill 958. (Secretary reads title of b(ll) 3rd ReadLng of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson.
Yes. Thank you, Madam President. This particular piece of legislation ccmes to us from the Illinois Lumber and -- Materlal Dealers ' Assoclatlon. Many of their members were here yesterday, and -- visited wlth some of the Members af the Senate. It deaks Wtth nechanics' liens and there's one sentence we're adding to the current Statutes. It says for all purposes of thls Act, the Malue of the land at the time of making of -- of the contract shall be presumed to be enhanced by an amount equal to the value of the improvement -- tmprovements erected on the premises, and the proo' 38 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legtslative Day April 20, 1995 of the prlce fixed by -- by the contract for materials or labor furnished as improvements to the premises shall be the prima facla evidence of the value of those improvements. Well, what happens currently when a contractor has a lien -- or files a lien on -- on work that's been done on -- on a partlcular job, goes before the court, and the court, in most casesr comes and requires an appraisal to be done before establishment of the ccsts can be determined. This simply allows for invoices and labor statements and this type of thlng to be utilized as the means by Which to deternine those costs. could save small ccntractors the buslness of this community a considerable amount of money, and would certainly appreciate your support.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further diseussion? Hearing none, Madam Secretary, take the rcll. The question shall Senate Bill 958 pass. Those in favor will vote Aye. Those opposed w11l vote Nay. The -- is open the voting is open. Have a1l vcted Who wish? Have al1 voted who wish? Have al1 voted who wish? Madam Secretary, take the record. On that bill, there are 37 Ayes, 14 vottng No, 3 voting Present, and this blllr having recelved the required constitutional majority: is hereby declared passed. Senate Bill 9607 Senator Fitzgerald? Madam Secretaryr will you read the bill.
Senate Bill 960. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fitzgerald . I Wonder if we could have your undivided aEEention. Since we 'll be gone in about another bour, maybe we can finish a lot nore work.
39 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 35th Legislative Day April 20, 1995 j Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 960 amends the Mortgage Fareclosure Article of the Code of Civll Procedure. It excludes an occupant of mortgage premkses from Ehe definitions of nonrecord claimant and unknown owner for the purposes of establishing a right to possession, terminating an occupant's possessory interest, and enforcing an order of pcssession agalnst an accupant. This ts an agreed btlk With the Legal Assistance Poundation of Chicago and the Mortgage Bankers, trying to correct some abuses that have occurred in mortgage foreclosures. Thank you.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Before we have further discussion, I want to announce that we Will be in Session on Monday at 4 p.m., April 24th. The Senate Will be in Session. I repeat: Monday, April 24, 1995, at 4 p.m . Further discussion? Senator Palmer.
Thank you, Madam President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, ma'am.
I was off the Floor when Senate Bill 958 was voted on. I'd like to say that had I been on the Floor, my vote Would have been No .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you . ïour comments Will be noted. Any further discusslon? Hearing -- Senator Rarpiel.
Well, thank you, Madam Presldent. What a coincidence. Had I been on the Floor when Senate Bill 958 Was voted on, my vote Would have been No.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Your comments, Senatcr Karpiel, will be noted. Senator Welch. 40 . r, ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 SENATOR WELCH: I had a question of the sponsor. PRESIDING OFFICER: (SENATOR GEO-KARIS) He indlcates he wkll ykeld. SENATOR WELCH: Senator Fitzgerald, on a mortgage foreclosurer if the person in possession - let's say it's it's a renter is not an unknown owner or nonrecord claimant, how do they get notice of the proceedlngs? Has there got to be a summons served on him? PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Fitzgerald. SENATOR FITZGERALD: Well, what this bill would require the foreclosing party to do is to serve the renter personally, and what they 're finding is that in Chicago, a 1ot of big mortgaqe mills that do these foreclosures are just not serving then personally and just saying that they're caught in the net of unknown owners and nonrecord -claimants, which was not the intent of the Mortgage Foreclosure Act. So this is to protect such parties. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discusslon? Hearing none, Senator Fitzgerald, to close. SENATOR FITZGERALD: I'd just appreciate a favorable roll call. Thank ycu. PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 960 pass. Those in favor will vote Aye. Those opposed uill vote Nay. The voting ls open. Have a11 voted who wished? Have a11 voted who wish? Have all voted uho wish? Madam Clerk, take the -- Madam Secretary, take the record. On that bill, there are 57 voting Yes, none votlng No, 2 not votlng, none voting Present. And this bill, having recelved the required constitutional majority, is hereby declared 41 . . .. 'E. -. - -.- ---. --- -- --- -- -. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprft 20, 1995 passed. Senator DeLeo, for what purpose do you rise? Senator Deteo. SENATOR DeLEO: Thank you, Madam Presldent. I'd just liRe the record tc reflect if I was on the Floor, -- Senate Bill 958. I Would like to have been recorded as a No on 958.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Xour comments Will be duly noted, Senator DeLeo. Senator Smith, for What purpose do you rise?
- - Madam Chairman, I'd like to be registered on 958: Senate Billy as votlng No . Please.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Your comments, Senator 5m1th, will be duly noted. Thank you. Senator Bowles.
Thank you, Madam Chatrman. too, would like to be shown as voting No on 958.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Bowles: your comments will be duly noted. Senator Trotter.
Thank you very much, Madam President. like my other Members on this side of the aisle, would like to be recorded a -- or like to have been recorded as No on 958.
PRESIDINC OPPICER: (SENATOR GEO-KARIS) Your comments will duly -- be duly noted on Senate Bill 958, Mr. Trotter. Senator Cronin, for what purpose do you rkse?
Just a point of lnquiry. You can'E is Lt correct that you -- once you vote, you vote. Xou can say that the record wll1 reflect that I intended to vote some particular way. Isn't that 42 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 right? I PRESIDING OFFICER: (SENATOR GEO-KARIS) I i That's the lntention. ' I SENATOR CROHIH: I ' j Okay.
PRESIDING OFFICER: (SENATOR GEO-KARIS) You are correct. Senator Walsh: for Nhat purpose do you rise?
Thank you, Madam Speaker. I just wanted the record to reflect that on the last bill -- Madaa President, that if I were on the Flocr, I Would have voted Yes on Senate Bill 960.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Your comments will be duly noted. Senate Bill 967. Senator Weaver? Madam Seeretary, will you read Senate Bill 967.
Senate Bill 967. (Secretary reads title of bikl) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Weaver.
Thank you, Madam President.
PRESIDING OFFICER: (SENATOR GEO-XARIS) Hold on just a minuter Senator Weaver.
Senate -- SenaEe Bkll 967 amends the Hotel Operators' Occupational Tax Act reqarding the deposits into the Local Tourism Fund. At present, there 's eight million dollars deposited annuakly into the -- thls fund, and through this lggislatlonr t* would increase that to eleven million dollars, plus ten percent I growth in each ftscal year thereafter. Tbis -- this fund grows I I every year. Wedre just tryin: to keep up the steam on it. If j 43 E STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 I ! anybody has any questlons, 1'11 try to answer them . PRESIDING OPFICER: (SENATOR GEO-RARIS) Any further discussion? Any further dlscussion? Senator Donahue. SENATOR DONAHUE: Question of the sponsor. PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will yield. SENATOR DONAHUE: Senator Weaver, does this change and take the tax and put it anywhere else, or spend ët any differently? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver. SENATOR WEAVER: No, it -- it follows the same formular but increases the total amount ehat may be distributed to local tourism councils. The -- are you familiar with the formula? A11 right. PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Collins. SENATOR COLLINS: Thank you, Madam President. I -- I couldn't hear what the Senator was saying because I had some -- of the same concern. I think Senator Donahue asked -- asked the question. The noise level is pretty high in here, and I'm not so sure about what we're talking about doing here with -- with the tax. Andy Senator, are We taking the taxes, diverEing it from something that's beinq used for now and putting it into this fund: or are you tncreasing it in any way and adding the additlonal monies to this fund? PRESIDING OFFICERI (SENATOR GEO-XARIS) Senator Weaver. SENATOR WEAVER: Senator Collins, under the current law, hotels impose a State 44 . ) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 r rate of five percent of nlnety-four percent of the gross recelpes. ! Now, sixty percent of this goes to the General Revenûe Fund, and I forty percent goes into the Build Illinols Fund. Hotels lmpose an additional one percent on this same Mase, a11 of which goes into 1 Build Illinois. Of the sixty percentz eight nillion is deposited annually to the Local Tourism Fund. This Would increase that to eleven million dollars. So Webre following, basically: the same formula, but there's more money generated, as I understand tt.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Collins.
The question was: Are you increasing the tax?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver.
No.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senate -- further discussion? Senator Rauschenberger.
I have a concern. It -- lt appears to me that this increase to the Local Tourisn Fund comes out of the General Revenue Fund. Is that correct, Senator Weaver?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver.
This is all subjece to approprlation.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Purther discussion? Senator DeLeo. SENATOR DeLEO : 1 ' Thank you, Madam President. A question of *he sponsor. j PRESIDING OFFICER I ; (SENATOR GEO-HARIS) I : He indicaEes he wkll yleld. i 45 . , y ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leglslative Day April 20, 1995 SENATOR DeLEO: i Senator Weaver, lsn't this -- isn't it true this will help I local villages? Let 's take the Village of Oak Brook or Oakbrook 1 Terrace, that they can take fifty percent of this mcney from thelr 1 tourism and put it into their local improvements. Isn't this a benefit to local towns and villages?
PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Weaver.
This has nothing to do with hoW a local community Gpends their noney. This just goes tnto the pot, and it's appropriated for distribution throughout the State.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeLeo. SENATOR DeLEO: Thank you, Madam President. This would not help local villages and towns with loss of... This -- according to our analysis, tt says that this has -- the local tourism and convention bureaus have requested this distribution change to prevent declining revenues. I spoke w1th one of the local mayors here yesterday, and he asked for my support on this billr saying this would help -- help them ln their decllning revenues. And if that is the fact, I would like to vote for this.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver.
Wellz Senator, this just Wculd increase by three millian dollars tha: whlch ls spread out statewide for local tourism councils. PRESIDING OFFICER: (SENATOR GEO-KARIS) ( Further discussion? Senator Lauzen. I ; I
I 46 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20r 1995 I Just tWo questions for the sponsor.
PRESIDING OFPICER: (SENATOR GEO-KARIS) He indicates he wi1l yield.
Number onev do I understand correctly, Senatcr, that this -- the increase that the local tourism board is going to be able to spend will come out of the General Revenue Fund of *he State of Illinois?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver.
Well, that's true, but there's more money coming in every year. It's just kind of trying to maintain the same ratio and increase that as the fund brings in more money every year.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Lauzen.
Thank you. And then, currently, Who makgs the decision on hcw these funds are spent, and how W1ll that -- who makes the decision be affected by this bill?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver.
Well, the General Assembly makes that determination of hcw much is appropriated. Then uhen it goes to the local tourism councit, they make the decision of how it's spent.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing ncne, SenatorWeaver;toclose. SenatorWeaver,toclose. 1 SENATOR WEAVER: 1 I think there's probably some -- did you have a question, Senator Karplel? I 47 STATE OF ILLINOIS 69TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' I 35th Legtslative Day Aprll 20, 1995 I PRESIDING OFFICER: (SENATOR GEO-KARIS) I Senator Karpiel, did you have a questlon? Senator Karpielr I before Senator Weaver closes. !
I was just a -- curious as to who determines how the Lccal Tourism Fund is -- is distributed to the local tourism councils.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver. Did you hear her question, sir?
Well, Senator Karpiel, I think that the determination how the money is spent is determined by the local tourlsm council after the... It's done by a formula.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Karpiel
Formula is not changing.
PRESIDING OFFICER: (SENATOR GEO-ZARIS) Senator Weaver.
Okay. So, in -- in factr a11 we're doing is alloWing us to spend eleven nillion, instead of the eight million, based on -- because of the sixty percent is -- there's a hlgher -- there's a bigger pot, so we're going to be able to take more cut. With...
PRESIDING OFFICER: (SENATOR GEO-KARIS) Have you fintshed, Senator Karpiel? Senator Dunn; further discussion. Thomas Dunn.
Thank you, Madam President. I believe I have a conflict on this quesEion, and I will abstain.
PRESIDING OFFICER: (SENATOR GEO-XARIS) Your conflkct is noted. Any further dïscussion? Hearing none, Senator Weaver, to close. I 48 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995
would apprectate a favorable roll call.
PRESIDING OFFICER: (SENATOR GEO-KARIS) A1k rlght. And the question is, shall Senate Bill 967 pass. Those in favorr vote Aye. Those opposed Will vote Nay. And the voting is cpen. Have a11 voted who wish? Have a1l voted who wish? Have a11 voted who wish? Madam Secretary, take the roll. On that question, there are 40 voting Aye, 13 vcting Nay, 4 voting Present. And this bill, havlng received the required constitutional majority, is hereby declared passed. Senate Bill 972. Senator Donahue? Madam Secretary, will you read the bill.
Senate Bill 972. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Donahue.
Thank you very much, Madan President. Senate Bill came from a constituent of mine and is really quite very -- an importanE piece of leglslation. If a parent has been convicted - and that's the operative word here - convicted of a sexual crime against a victim under eighteen years of age, the burden of proof w(l1 be on that person to get visitatlon rights. It's kind of informally done now already with -- with judgesr but we'd just like to put it into law. And hhatls what 1* does. So I would ask for your support in Senate Bill 972.
PRESIDING OFFICER: (SENATOR GEO-XARIS) Any further discussion? Any further discussion? Senator Donahue, to close. On this question, the question shall be, will -- shall Senate Bill 972 pass. Those favor Will vote Aye. Those opposed will vo*e Nay. And the voting is open. Have all 49 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislatlve Day April 20, 1995 voted who wished? Have al1 voted who wished? Madam Secretaryy i take the roll. On that question, there are 57 voting Ayer none i votlng Noy none voting Present. And this bill, having recgived i the required constitutlcnal majorityr ls hereby declared passed. Senate Bill 974. Senatcr Molaro? Senator Molaro here? Senate Bill - - ' 1 979 will be -- Senator ' oh, thats recall? SenateBi1 1 Madigan, I do you wish this b1ll to return to 2nd Reading for 1 purposes of recall? Senator Madigan seeks leave of the Body to retutn Senate Bi1l 979 to the Order of 2nd Reading for the purposes of an amendment, or... Senator Madiçan. Senabor -- on the Order of 2nd Reading is SenaKe BiLl 979. Madam Gecretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Madigan.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan. I
Thank your Madan President. Floor Amendment No . 2 to Senate Bill 979 is a technical amendment requested by Enrolling and Engrossing. PRESIDING OFFICER: (SENATOR GEO-KARIS) 1 Anydiscussion? Hearing nonev al1 thcse tn favor, say Aye. 1 A1l opposed. The Ayes have its in the opinlon of the Chalr, and the amendment ls adopted . Any further Floor amendments?
No further amendments reported, Madam President. 1 PRESI 3 DINGOFFICER: (SENATORGEO-KARIS) 1 ! rd Readtng. Next bill is Senate Bill 980. Senator Madigan? ' Madam Secretary, Will you read Senate Bil1 980. ACTING SECRETARY HAWKER; 1 Senate Bikl 980. (Secretary reads title of bill) ! 50 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 35th Legislative Day April 20r 1995 ' I 3rd Reading of the bill. r PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madlgan. SENATOR MADIGAN: Thank you, Madam President. Senate Bill 980, as amended -- first of all, the highlight to the bill ls tbat it extends the physical therapy sunset from December 31st, 1995 to January lstr 2006. Couple other housekeeplng things in the bill that it corrects a reference tc the wrong national accreditation ccmmlttee and allows the Department to waive the English proficiency exam by rule. Spells out or nore clearly defines the fee structure and inserts stiffer language concerning the unltcensed practice of physical therapy. I'd be glad to answer any questions of Senate Bill 90 dsic> (980). Absent anyr I would ask for a favorable consideration of Senate Bill 980, as amended. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, on -- the question is, shall Senate Bill 980 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted Who wished? Have a1l voted who wlshed? On that questiony take the roll, Madam Seeretary. There are 56 votes Aye, none voting No, none voting Present. And this billy having received the required constëtutional majorityr is hereby declared passed. Senate Bill 983. Senator Molaro, do you Wish to -- this bill returned to 2nd Reading? Senator Molaro. Senator Molara, do you wish thls bill recalled to 2nd Reading? Hold it. Okay. Senate Bill 985. Senator DeAngelis? Madam Secretary, Will you please read the blll. ACTING SECRETARY HAWKER: Senate Bill 985. (Secretary reads title of btl1) 3rd Readin: of Ehe bill. 51 . ) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l 35th Legislative Day Apri1 zg, 1:95 PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. Senate Bill 985 simply allows a county who has acquired a delinquent tax parcel to be able to sell i* to a taxing district. The proceeds then wlll be distributed to a11 the taxing districts that the parcel rests in. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 985 pass. Those in favor will vote Aye. Those opposed will vote Hay. The voting is open. Have al1 voted who wished? Have a11 voted who wished? Have a11 voted who wished? Madam Secretary: take the roll. And on that question, there are 57 voting Aye, none vottng No, none vottng Present. And this bill, having received the required constitutional majorityr is hereby declared passed. Senate Bill 989. Senator Berman? Madam Secretaryê Will you read the bill. ACTING SECRETARY HAWKER: Senate Bill 989. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Berman. SENATOR BERMAN: Thank you, Madam Presldent. Senate Bill 989 addresses the question of the statute of limitations against attorneys for improper drafting of wills. What this bill does is Eo correct the previously chançed language in House B11l 20 so that the statute of limitation would be two years after we know what *he error or negligence was. I'd be glad to respond to any questions. It Was approved by the Judiciary Committee, 11 to nothing. PRESIDING OFFICER: (SENATOR GEO-KARIS) 52 . g . ' STATE OF ILLINOIG 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Any further discussion? Any further discusslon? Senator Berman, to close. Senator Barkhausen, will you be in your seat? Thank you. Senator Barkhausen.
I feek like a first grader, Madam President. I'm sorry. I didn't nean to declaim so loudly, but did Nant a chance to speak on the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) You were heard well.
frankly, naybe -- maybe mtssed the meeting of the Judiciary Committee where apparently this bill passed. I would I would simply point out to the Members, particularly on our side, that this is changing a provision in the recently enacted tort reform btll, and maybe some of you want to do lt, but I don't -- I don't think that it's the right thing to do . Thls was a provision in House Bill 20 that Was put on in -- in -- in the House it was added to the mix of issues that were talking about a1l along, and it has to do with -- Senator Berman may have said, with the question of whether whether and Eo what extent there's a statute of limitations for lawyers practicing the estate plannlng area, which T hasten to add I I do not do. I'm no longer practlcing law. But -- but knowing something about estate planning and knowing somethtng about the perils and pitfalls of that special profession, I would say that, you know, Whether or not six ygars, as is now *he 1aw pursuant to Senate Bill 20 is the magical figure, is exactly the right figure: I do thlnk that there are ought to be some fairly limited time frame during which scmeone who has a complalnt to bring about legal malpractice in khe estate planning area ought to have to -- to bring an action. Otherwlse, as was pointed out in our Judiciary Conmittee Whêre Ne had hearings on House Bill 20, otherwise: theoretically, it could 53 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 be thirty or forty years that someone has either tc -- to bring an action against the lawyer tn question, if that lawyer is even still around and alive: or conceivably under the rules of vicarious liability that apply to partners and partnershlps, conceivably could even bring an action against a partner of the ex or deceased lawyer. Sa, certainly for those who who supported House Bill 20 and even -- you know, even tf you didnft, I I think, as a-- as a matter of fairness, we have enacted statutes of limitations of this kind for -- certaënly for accountants and for -- for doctors, and it's not -- and otherwise -- and for lawyers. And it's, I think, a mistake to have a special and much longer statute of limitatlons applying only to lawyers dealing in this particular spectakty. So I would urge your opposftion.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hawkinson, further dlscussion.
Thank ycu, Madam President. I rlse tn support of Senate Bill 989, and I supported House B111 20, although with grave misgivings about this provision. This was not part of the mix of issues that was discussed in House Bi11 2G. Thls was added at the House level, really without discussion with the Senate: and -- and w1th all due respect to the -- tbe prior speaker, this sltuation is unique. We haven't there was no statute of llmitatlons in legal nalpractice -- or no statute of repose in legal malpractice until a few years ago. I believe Senator Cullerton/ perhaps, had the bill that created the six-year statute of repcse, but when we voted for that, we realized that the situations involving wills and probate were unique. Because if -- if anyone goes to an attorney and asks to have their will drawn and you expect that the expertise that they have Will perhaps provide that a certain portion of the estate will not be taxable or that it Will be distributed in a certain Way, the person who has the will drawn is 54 - .- - - - .- - .- - - -. -. . . .' '- STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20r 1995 not going to discover that error, and they ire not goin: to discover it in slx years. Most people live far longer than six years after they have their wills drawn. An error an error of negligence that may cause a substantial portion of your estate to be taxedr when you thought it Was not gcing to be taxed, or that perhaps goes to the Wrong people: when you thought is was going to go somewhere else, is a mlstake that is only going to be discovered when you pass away. This -- the current law, prior to House Bill 20, said that then when you dtscover that someone was negligent in drafting your wilk, so that tt's -- it's now cost you a hundred thousand dollars taxes, or the wrong person got or the wrong parcel went somewhere, that you now have two years to go after that person. Unfortunately, House Bill 20 contained a provision which repealed that and will now give immunity to attorneys who draw bad wills and make mistakes. We shouldn 't do that. Attorneys carry insurance to cover those kinds of mistakes, and we ought to support Senate Bill 989.
PRESIDING OFFICER: (SENATOR GEO-RARIS) Any further discussion? Senator Petka.
Thank you very muchr Madam President and Members of the Senate. rise in reluc*ant opposltion to this legislation. Unfortunately, this bill came out on the Agreed Bill List, and I did not adequateky cover myself in committee. While we were debatkng amendments to House Bill 20 the Judiciary Committee, a very folksy attorney from Farmer City, Illinois and the gentleman's name escapes me right nowr but he wrote the Section in the Illinois Instltute of Continuins Legal Education on this partlcular subject matter - he pointed out a basic unfairness of having no statute of limitations. He stated that in his practicer his father drafted a Will in -- in 1960 that was mistyped by a secretary and signed, and as long as he himself stayed within the 55 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 practice and the same partnershlp with his father and his . grandson, or khe -- the grandson of the person Who drafted the will came into that law firme that under those circumstances, the grandson would be liable for the misconduct or the negligence of i .. i the grandfather, and that could occur sixty years later. It just I seems to me that what we're basically doing is attachlng liability I : wlthout true fault, which is -- which simply, in my opiaion: I violates our fundamental notions of what justice should be. And because of that: Madam President, I Would respectfully urge a -- a No vote. TAPE 2 l PRESIDING OFFICER: (SENATOR GEO-KARIS) 1 Any further discusston? Senator Cullerton. SENATOR CULLERTON: Yes. Thank ycu, Madam Prestdent: Members of the Senate. Just briefly, I rise in support of the bill. This is the bill that I promised Would be intrcduced when we debated Senate <sic> Bill 20. I was the sponsor in the House of the bill that set up 1 the Statute of Limitations for attorneys, which was fair. It's a two-year Statute. I recognized at the time -- we, in the House and the Senate, recogntzed at the time that there's an exception 1 ' for wills. You do someone's will. They -- you put it away in a - - ln a -- a lockbox, and when the person dies, it's opened up . And the victims of legal malpracticez for the first time, disccver that the secretary mistyped the will, as the previous speaker talked about. And guess what? The kids don't get the family ' farm. It's going to the anti-cruelty society, because they got the two wills mixed up when they typed it up. Well, it 's true 1 I that the grandson night be liable. The grandson of the lawyer who I 56 ' ) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20r 1995 negligently drafted That grandson is paying malpractice premiums and he 's got a malpractice coverase. And so there should be a right of action, and there should be a claim on that insurance policy so that the person who was wronged, because of the negligence cf the grandfathers secretary, has a place to go. That's what this is a1l about. This provision -- we are repealing a provision that was in the bill -- the tort reform bill. was only put in there by somebody over in the House Who was interested in helping out some lawyers. And it was wrong to put it in, and we are right to take it out by passin: this bill. And my prediction is that lt won't pass the House, because was part of the deal. But I could be pleasantly surprised, and we'll see what the -- the Speaker does with thls bill, but We ought to vote for it. If you don't vote for it: you're going to find out in the next three months, there's gcing to be some horrible story abcut somebody who was -- who was the victim of legal malpractice who did not get their inheritance, and because of the bill that We passed earlier, they will be out the cold. This is Very important bl11. Please vcte Aye.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discusslcn? Hearing none, Senator Berman, to close.
Thank you, Madam Presldent. If I recall some of the debate during House Bill 20, cne of the principal arguments in support of House Bill 20 was responsibility . That was one reason why we changed, for example, joint and severable liability. Because if a defendant Nas thirty percent liable, they should be held responsible for their thirty percent, not for fifty percent or sixty percent because somebody else -- some other defendant -- had no money. This bill: Senate Bill 989: deals with professional responsibility. And what says is if a lawyer is negligent: the 57 I i STATE OF ILLINOIS ! 89TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT I I 35th Legislatlve Day Aprll 20, 1995 lawyer should be held responsible, and the passage af time, when the person that is injured doesnft even know of the injury, should nct be made the person to suffer. And that's why wills and the drafting of wills are unique. No one forces a lawyer to draft wills. It is voluntary. Nc one forces anyone to pay a fee for a will, unless you get a will for your fee. Nobody forces a lawyer to charge for a will: but the grandfather that SenaEor Petka talked about charged a fee for draftinq that will. He Was paid for what was supposed to be the proper execution and drafting of a will. It was negligent. That lawyer or 1aw firm should be held responsible. You're hearing that from a lawyer. We should be held responsible for our negligence. That's a11 that Senate Bill 989 does. It holds lawyers responsible for their neqligence for a two-year period of tlme after the people that are injured learn of the injury. That's a11 this bill does. I ask for your Aye vote. PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 989 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have al1 voted wbo wished? Have all voted Who Wished? Madam Secretary, take the record. On that question, there are 51 Yeas, 3 voting Nay, l vctlng Present. This bill, having received the required constttutional majority, is hereby declared passed. Senate Bill 991. Senator Rauschenberger. Madam Secretary, wilk you read the bill. ACTING SECRETARY HAWKER: Senate Bill 991. (Secretary reads title of bill) 3rd Reading of the bôll. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Rauschenberqer. SENATOR RADSCHEXBERGER : As amended -- as amended, Senate Bill 991 requires the 58 /- - ----------- -?- - - . - --- - - - - - - - . STATE OF ILLLNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Illinois Planning Council on Developmental Disabilities to continually review -- review ways to increase employment opportunitfes for persons with developmental disabilittes. There's been some concern that the -- the Planning Council has been involved in activities that -- that, to some extent, take fatrly far afield from its federally mandated requirements, and this bill is kind of a reminder b1l1 for the Planning Council.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing mean: Senator Fawell.
Thank you very mueh. This is -- this is a very good bill. That Illinois Planninç Council came into the the Counctl on Mental Hea1th and Developmentally Disabled and said this was an extremely important thing Eo do. We have a 1ot of -- of children out there Who are reaching majority. They are looking for jobs. We have trained them in the schools. This council -- this Plannlng Council indeed is -- felt that and said that was extremely important for us tc do this. They have federal funds in order to do it, and I Khlnk this is an excellent bl11 and we a1l ought to be on board.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dtscussion? Any further discussion? Hearing none/ Senator Rauschenberger: to close.
I'd request a favorable roll call.
PRESIDING OFFICER: (SENATOR GEO-KARIS) On this questiony shall Senate Bill 991 pass, those in favor will vote Aye. Those opposed wtll vote Nay. The voting is open. Have a11 voted Who Wished? Have al1 voted Who Wished? Have a11 voted Nho wished? Madam Secretary, take the record. On that question, there are 57 votin: Yeas, none voting Nay, none voting 59 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 35th Legislative Day Aprll 20, 1995 E I i Present, and this bill, having received the required j I constltutional majority, is hereby declared passed. Senator Phllip, for what purpose do you rise? 1 SENATOR PHILIP: Thank you, Madam Presldent and Ladies and Gentlemen of the Senate. Just to inform the Menbers in regard to the schedule for next week, and in consultation with the Minority Leader, ve will be coming in Monday at 4 p.m . We'l1 probably Work tWo or three or four hours on 2nd and 3rd Readinqs. On Tuesday and Wednesdayy because We have so nany bills on the Calendar, we will probably not have those two o'clock committee heartngs till probably 4, 5 or 6 p.m. It all depends on how -- how we move along. And on Thursday, we would hcpe to be out of here no later than 1:30. PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you, Senator Fhilip . Anything further, sir? Next bill, Senate Bill 995. Madam Secretary, would you read the blll. ACTING SECRETARY HAWKER : Senate Bill 995. (Secretary reads title of bill) 3rd Readlng of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Lauzen. SENATOR LAUZEN: Madam President, Senate Bill 995 defines the -- defines the term ''paralegal'' in the law, and allows the paralegals to collect hhelr fees properly. Be... PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 995 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a1l voEed wbo wished? Have al1 voted who wished? Have a1l voted who wished? On that question, Madam Secretary, take the 60 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislatlve Day Aprll 20, 1995 I record. There are 57 voting Aye, none voting Nay, none voting I I Present I , and thfs bill: having received the required I I constitutional majocity, is hereby declared passed. Senate Bi1l ! 1 1000. Senator Lauzen. Madam Secretary, Nill you read the blll. I
Senate Bill l00G. (Secretary reads title of bil1) 3rd Reading Lf the bill.
PRESIDING OEPICER: (SENATOR GEO-RARIS) Senator Lauzen.
Thank you, Madam President. Senate Bill 1000 is a nodest attempt to begin to solve a problem . Currently, we have two sebs of books -- financial statements that we send to New York bankers that are conpleted based on the GAP accounting or accrual accounting. We count an expense when we obligate ourselves, not just when we pay 1k. As of June 3ûth, 1994, those financlal statements sent to New York bankers show a deficit of 1.6 billion; yet, the financial statements that we use for citizens of Illtnois show a zero deficit for the budget purposes: because we use a difrerent accounting rules. It's basically a mcdified cash system Where you plck up expenses when you actually pay them. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearin: none, Senator Lauzen, to clcse. The question is, shall Senate 3il1 1000 pass. Those in favor Nill vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have al1 voted who wished? Have al1 voted who wished? Madam Secretary, take the record. On that question: there are 52 voting Aye, 4 votlnq Nay, none voting Present, and this billz having received the requiredconstitutionalmajority:isherebydeclared 1 61 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 35th Legislative Day Aprll 20r 1995 passed . Senate Bill 1005. Senator O'Ma11ey. Madam Secretary: Will you read the bill. ACTING SECRETARY HAWKER: Senate Bill 1005. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley. SENATOR O'MALLEY: Thank you, Madam President, Members of the Senate. Senate Bill 1005 requires the State Superintendent to appoint a committee to review the IGAP tests. The IGAP review committee provided for must have a balanced membership of admintstrators, teachers: parents and concerned citizens. They are charged with the responsibility to review the -- the content and design of IGAP tests, the time and money expended at the lccal and State levels in preparing for and administerlng the tests. The committee is to make any recommendatlons to the State Superintendent and the General Assembly as it deems appcopriate. Be pleased to answer any questions and Would request a favorable roll call. PRESIDING OFFICER; (SENATOR GEO-KARIS) Any further discussion? Senator Demuzio. SENATOR DEMUZIO : Wellr thank you, Madam President. Senator O'Malley, I am surprised that we must ccmmand the State Superintendent of Schools to establlsh a committee to look at and analyze and review the Illinois Goal Assessment Program . Apparentlyy he's uncooperative and, therefore, he refuses to do so. And apparently: I guess you have asked him, and since he's objected; you've ncW come to the Legislature seeking to -- again, to command him to do something that he would ordinarilyy seems to me, Would have done on his cwn. Is that correct? 62 STATE OF ILLINOES 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley. SENATOR O'MALLEY: I Senator, thank you for your inquiry. I -- I have heard from many people, b0th parents and from school teachers, of a desire to take a look at the IGAP tests, and 1: ln fack: spoke with the State Superintendent about thls, who had no objection to me bringing the legislation. He felt, I think, as I did, that -- that there wasn't Ehis apparent confllct that you're bringing up or suggesting - and maybe I'm misinterpreting your comments - but I -- I don't feel any difficulty between either my office or his office in connection with this legislation. And I -- I hope I've been responsive to ycur inquiry.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further dlscusslon? Senator Palmer.
Thank you, Madam President. A question cf the sponsor.
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will yield.
Senator O 'Malley, if this passes and is implemented, ts i: *he intention of this committee to examine IGAP as to its fairness or to its -- I noticed in my analysis - and I'm very aware of this - that IGAP is -- is used so often to rank schools, and I'm wondering if this committee is going to take a look at this test as to the fairness in even offering it to students and in using it tn such a Way that it -- it puts a tag on schools that they have to live wlth for some time, and...
PRESIDING OFFICER: (SENATOR GEO-KARIS) genator O 'Malley. Oh, I'm sorry. SENATOR PALMER: I If I -- just one more thing. And at the conclusion of this ' 63 STATE 0P ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leglslative Day April 20r 1995 study, are they going to make recommendations for change? What will be the outccme of such committee meetëngs?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
Senator Palmer, I -- I Would hope that the committee will seriously get to the bottom of the question is -- of the following question: Are the tests doin: What they are supposed to be doing? Are they truly neasuring performance? And the answer to the second part of your question, feel, would be -- would be the following: That We have given this committee wide latitude and I hope that they would use it and come back and make any recommendation that -- that they chose to . I have specifically requested the legislation require that they make the recommendations both to the State Superintendent and to the Legislature so that we get a full repcrt.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discusston? Hearinç none: Mr. O 'Malley, to close. I'n sorry . Senator Karpkel, did you wlsh to be heard?
Well: yes. I would like to just speak on the bill just for legislative (ntent, because as a cosponsor, I am hopeful that this committee also looks at the rules and the regulations of the State Board regarding Ehe IGAP testing. That is one of my biggest concerns, because I hear a lot of complaints, frcm both the teachers and the administrators in the schcols, in the actual performance of doing these IGAP tests, and the paperwork involved and the time involved . And I certainly hope and as I say, for legislative intent, am hopeful that that will be looked at also .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussions? Senator 64 STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, k995 ' I O'Malley, to close. SENATOR O'MALLEY: I : I -- I just request a favorable roll call. Thank you. I ! PRESIDING OFFICER: (SENATORGEO-KARIS) l ' On that question, the question is, shall Senate gill 1005 pass. Those in favor will vote Aye. Those opposed wlkl vote Nay. The voting is open. Have all voted who Wished? Have all voted Nho Wished? Have all voted who wished? Madam Seeretaryr kake the record. On that questione there are 58 voting Aye, none voting Nay, none voting Present, and this bill, havlng received the required constitutional majority, is hereby declared passed. Before I call the next blll, I note that we have one of our former colleagues here today. Senator Lapaille, who locks very much like Senator DeLeo. Welcome. The next billy Senate Bill 1006. Madam Secretaryy would you read the bill.
Senate Bill 1006. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR GEO-KARIS) senator O 'Ma11ey.
Agatn, thank you, Madam President. Senate Bi1l 1006 raises the limit on fees school districts may charqe to students for drivers ed courses. It would raise their authorlty from ftfty dollars to two hundred dollars. Current 1aw provides that school districts may charge a reasonable fee up to fifty dollars to high school students who take drivers ed. If a student is unable to pay, the district must waive the fee . Senate Bill 1006 changes the fee limlt for high school students. I think it's important to note that the fee Watver lançuage is not changed by this I J legislation. l 1 65 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legùslative Day April 20, 1995
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusslon? Senator Shaw. Senator Shaw .
Xes. Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he will.
didn't quite hear you, Senator O 'Malleyr when you explained this. What are We doing here?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley, Would you like to respond?
Senator Shaw, what this b111 does is merely raise the -- the permissible amount of money that a -- that a school district may charge in connection with drivers ed fees.
PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Shaw .
Are we -- are We goin: fron fifty dollars per student now to tWo hundred dollars?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley.
Senator Shaw, what we're dclng -- is raising the authorlty from fifty dollars to two hundred dollars. If any local school board wlshed to implement this this new power, they would have to do it on their own. It's strictly grantin: a permisston or authority.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator OlMalley. Senator Shaw.
Is this -- is thls if the school board chooses, can they go 66 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20: 1995 up -- use the wbole two hundred dollars and this become a part of the overall budget? PRESIDING OFFICER: (SENATOR GEO-XARIS) I Senator O 'Malley. . l .' j SENATOR O'MALLEY: I think you 're touching on an accounting issue, but if -- if i the point is, would this somehow affect the budget, I'm sure it would for localschooldlstrlcts. AndIWouldalsomakesureor 1 reemphasize, because you had said you had aot heard earlier, the other aspect that I wanted to emphasize in -- in presenting the bill, is that the provision in the 1aw for students today that if they're unable to -- to pay, the district must waive the feer that Waiver language remains part of the legislation. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Shaw. SENATOR SHAW: My -- my problem with the bill -- I'm trying to flnd out lf they -- Whether this might be consldered a backdoor increase to ralse money for the schools itself, in terms of the -- going from fifty to two hundred dollars. And that's what I -- is Lhis money earmarked for any specific purpose here? PRESIDING OFFICER: (SENATOR GEO-KARIS) SenatorO'Ma11ey. SENATOR O 'MALLEYS 1 Senator, thank you fcr clarlfying what you were inquiring about. This came to me as a request from SCOPE - South Cook Organization for Public Educatlcn - and it, of course, is supported by other bustness management groups, and there was no oppositkon to the bill in committee. But I think What -- What -- what they were telling me is that basically right now in some ' casesr and i: depends on the locale across the State, the -- that I the actual cost is not covered by *he fifty dollars of authorkty. i I 67 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprll 20: 1995 I So al1 this does is permit them to pick any number from -- frcm I one dollarr or frankly from one penny/ to two hundred dollars as j the level that they want to -- to charge in connection with the course. It could Well cost them more than they actually expend, but lt weuld be a decision that would be made by the local school distrtct. PRESIDING OFFICER: (SENATOR GEO-RARIS) 1 Anything furtherr Senator Shaw?
To the amendment: Certainly I thlnk the sponsor's intentions are -- are welkr but I can see school distrlcts and boards uslng thls money to fill some hole in some budget and taking the whole two hundred dollars. Nowr certainly maybe fifty dollars is not enough, but I think at -- at some point this should be addressed in a better fashlon. Yet, I don 't know how you can address it, but - - but certainly I Would -- I would think that Ne should take a look at it.
PRESIDING OFFICER: (SENATOR GEO-RARIS) Any further discussion? Senator Maitland.
Thank you very much, Madam Presidentr Members of the Senate. Senator O 'Malley, do you know -- have any af the school distrycts given you what their per pupil loss is at this polnt, on driver education?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley.
Senator Maitland, no. I don't have those details. And in order -- I hope this will clarify, if I can make this remark, because it -- it came to me as -- as Senator Shaw was completing his remarks. That -- the amount that can -- can be charged cannot exceed the cost of the course. I mean, the upper limit ls Ewo 68 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th LegislativeDay April 20,1995 j hundred dollars or the cost of the course - the lesser of.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Maitland.
And how do you determine the cost of the course?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley.
In -- in -- in the case where they might use an outside agency, it would be dependent -- I mean, it would be dictated by that marketplace. Otberwise, it's done through the normal accounting processes within the school district.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senatcr Maitland.
Do most of the schools in SCOPE and ED-RED -- dc they use an outside service so there would be an absolute determination?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator 0 'Ma11ey.
Senator, I'm not qualified to answer that. I don 't know the answer to that question.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Mattland.
I -- Senator, I've got a couple of concerns with this. Back in the o1d school problems commission days, I -- I chaired a committee, because schools had -- up to that time, had been given cars to use by dealers, and when b0th -- most of us Were taking drivers education, that's the way it was. So a1l of a sudden their cost went up substantially and something had to be done. Sc as a result of the committee Work, we offered to the -- the 69 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 35th Legislative Day April 20, 1995 i Legislature, and it was passedr a couple of revenue streams. Among them was the eight-dollar fee on the first-tlme drivers permit or whatever it was. And -- and that pretty much permitted i school districts to break even. And that's why I ask you the j question: Have we gotten that much out of sync now Where it has become a cost -- a cost to the school dtstrkcts? And then a greater concern I -- I guess I have at this point ls -- ls What kind of a means test do you use as to Whether or nct a student can ' or cannot pay the fee. That, I think, disturbs me a tittle blt, toc. IIm wondertng: Do you just go in and say, 'I can't afford to pay the feev'' and -- and it'll be waived, or ls there a means test cf some kind?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.
Senator Maitland, I'm not familiar with the current process by which it's done: but this legislation doesn't change that. That remains the same as -- as is the law. This bill is neutral on that issue. I mean, if there's something wrong with the means test, maybe we should take a look at that, but it's not affected by this legislation.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything further, Senator Maltland? Anythin: further, Senator Maitland? Anything further, sir? Further discussion? Senator Jacobs.
Thank you, Madam Chairman, Members of the -- the Senate. Senator yield for a question?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will.
What -- when was the last time we ralsed this fee? Do you 70 ' ) . . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 know? From -- when was the flfty-dollar fee established?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Ma11ey. SENATOR O 'MALLEY: . Senatory staff tells me it's been in existence for a While, and one cf the other Senators thinks it's -- goes back to 1982.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs.
Well, I share with Senator Shaw that there may need to be an increase, but lt seems to me that going from fifty to two hundred - - if there's any way at all that they can prove - any way, shape or form - that that's qoing to cost two hundred, they're going to make sure they go to the maximum. You indicated there was no apposttion to this btll kn -- in committee, and I think that's probably 'cause the citizens weren't there. And I just think we a11 should remember that when we go home and Johnny or Suzy goes to get their drivers training, instead of coming up with a fifty-dollar fee that they're going to have to come up with a two-hundred-dollar fee, I think we're going to raise a 1o* of eyebrows. And in closing, I'm not sure that it isn 't proper fcr us to teach drivers ed at all cost. I think that it's an educational process, and I would urge a No vote on thts legislation.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Clayborne.
Madam Chatr, my questions have been answered. Thank you.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Fawell.
Thank you very nuch. Will the sponsor yield for a questicn? 71 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20r 1995
PRESIDING OFFICER: (SENATOR GEO-KARIS) He lndlcates that he will.
Senatorr is this a permissive bill?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley.
Senator, it it is indeed. And it and, you know, about the public being involved, my goal is to get the public involved on this partlcular issue really where they need to be, right at the local school board level, before any -- any enactment over and above the present authority is granted . But -- but at a local level.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell.
So for -- in other words, if somebody wanted to keep lt at fifty dollarsr there certainly is no 1aw that says that they can't keep it at fifty dollars, or raise it to sixty dollars or seventy or whatever they feel that that particular community can afford. And -- and you still have the waiver in it. Is that right?
PRESIDING OFFICER: (SENATOR GEO-KARIS) SenaEor O'Malley.
That is correct, Senator Fawell. Not only is the Walver place, but school districts are still able to charge nothing for this particular service if that's their decision. But the decision would be made, in any event, on a local basis.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell.
Well, to the b1ll: It just seems to me that this, againr is 72 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 one of those local decisions. What we have doner in effect, is said to some of perhaps my communitles who could well afford to pay perhaps a hundred dollarsr maybe even two hundred dollars for this, we're saying you can't do that. You can only charge up to fkfty, because we, in our great wksdcmz down here in Springfield, has decided that such communities as -- as Glen Ellyn or Hinsdale or Lake Forest can only charge fifty dollars. doesn't say they have to charge -- we 're not saying they have to charge twa hundred dollars; We're just saying that w11l be the absolute cap. I thlnk this is a gccd blll. Again, it's putting the decision at the local level. Surely, if they charge too much, they 're going to hear about at the local level, and that's Where they cught to hear about (t. We shouldn't be doing the -- the school board's business for them and let them get off the hook.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Maitlandr for a second time.
Thank you very much, Madam president. And I apologize for rising a second time. I -- I'm -- my -- my concern abcut this bill continues to grow. I more than I thought it Would, and I - - I question nowr Senator, whether this might violate the the free educatlon clause the Constitution. think perhaps this has been suggested to you, and -- and this -- according to a legal opinion that -- that I've just put my hands on, in fack, probably does. And -- I think we are -- I think we are -- Ladies and Gentlemen, I know this isn't getting much attention perhaps, but I believe Ne may be moving into an area -- and I know the sponsor is -- is -- concerned and -- and this means, evidently, quite a bit to him, but I'm just wondering if this is something We ought not be doing without a little more thought. This is transgressing into some area where we perhaps ought no* be.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 73 l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIOH SENATE TRANSCRIPT 35th Leglslatlve Day Aprll 20, 1995 Any further discussion? Hearing none, Senator O'Malley, to close.
Madam President, under the circumstances, rather than clll this for a vote, and especially because of Senator Maitland's remarks, I would like to get that clarified. So like to take this bill out of the record today and Qe'11 pursue
PRESIDING OFFICER: (SENATOR GEO-KARIS) With leave of the Senate, it's taken out of the record. The Senate will pause for a moment. Resolutions.
Senate Resolution 51, offered by Senator Hendon. Senate Resolution 52 and Senate Resolution 53, b0th offered by Senator Sieben. They're a11 three congratulatory <sic>.
PRESIDING OFFICER: (SENATOR GEO-/ARIS) We'1l resume our business to Senate Bill 1007. Senator O'Malley. Senator O'Ma11ey. 10077 Out of the record. Senator Philip. 1015. Senator Watson. 1018. Senator Cronin. 1019. Senator Pawell. 1026. Senator -- Madam Secretary, read the bill.
Senate Bill 1026. (Secretary reads title of bill) 3rd Readtng of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell.
Thank you very much. This is really a clean-up bill that was brought to me by my county clerk. Under the current law, the Secretary of State must prohibit the renewal, issue or reinstatement of drivers privileges if the person fails to pay any traffic fine or cost imposed for a violation of the Vehlcle Code 74 STATE OF ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20r 1995 i orasimllarprovislon. Thlsbillwouldincludepenaltiesin the fines and costs. The Secretary is notified by the court when a person fails to pay the fines and costs. It would also provide that the clerk, rather than the judge or court, be notified. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the questlon 1s, shall Senate Bill 1026 pass. Those in favor wlll vote Aye. Those opposed will vote Nay. The voting is open. Have alt voted who wished? Have al1 voted who wished? Have a1l voted who wùshed? Madam Secretary, take the record. On that question, there are 58 voting Aye, none voting No, none votlng Presentr and this bill, having received the required constitutional majority, is hereby declared passed. Senator Raica. Senate Bill 1032. Madam Secretary, -- take it out of the record. 1033. Ou* of the record. 1035. Senator O'Ma11ey. 10337 1033. Senator Ralca. Madam Secretary: will you read the bill. ACTING SECRETARY HAWKER: Senate Bill 1033. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Raica. SENATOR RAICA : Thank you, Madam President, Ladies and Gentlemen of the Senate. What 1033 does, it amends the Mobile Home Landlord and Tenant Riqhts Act by creating the Office of Mobile Home Park Ombudsman, to be appointed by the Governor. And the Ombudsman shall act as a liaison between the State and the moblle park owners and tenants. And I just ask for a Eavorable roll call. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Further discussion? Heartng none, I I 75 . r, ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1995 the question is, shall Senate Bill 1033 pass. Those ln favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 -- a11 voted who wished? Have a1l voted who Wlshed? Have all voted who wtshed? Have all voted who wished? Clerk take the record, Madam Secretary. On that question: there are vcting Ayey 5 voting Nay, 8 voting Present, and this billy having recetved the required constitutional majority, is hereby declared passed. Senator O 'Malley, do you wish -- Mr. -- Senator O 'Malley. Senate Bill 1037. Senator Madigan. Madam Clerk, Would you please - - Madam Secretary, Would you please read the bill.
Senate Bi1l 1037. (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan.
Thank you, Madam President, Members of the Senate. Senate Bill 1037 creates a category of a retired plumberfs license, and the purpose of this legislation is that plumbers Who retire can continue to pay a retired plumber's license, which would -- in case that they decide to go back to plumbing cn an actbve basis and become a full-time licensed plumber, they wculd not have to go through the renewal process. It's kind of a -- a paid demit with the -- as far as a plumbing license. know of nc oppcsition to this. If a retired plumber -- you can't prackice plumbing or do anything like that. If he would decide to start plumbing again, then he would have to bring his license up to date, and pay the active plumber's license fee. So be glad to answer any questions, but basically a very simple bill, and...
PRESIDING OPFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing 76 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leqislative Day April 20: 1995 none, the questkon is, shall Senate Bill 1037 pass. Those in I favor will vote Aye. Those opposed will vote Nay. The votin: is I open. Have all voted Who Wished? Have all voted Who wished? Havea11votedwhowished? MadamSecretary,taketherecord. On that question, there are 56 votlng Aye: none voting Ncy none j voting Present, and thts bill, having recetved the required constitutional majorityr is hereby declared passed. Senate Bil1 1048. Madam Secretary, Nill you read the bill.
Senate 3i11 1048. (Secretary reads tltle of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell.
Thank you very much. There have been some problems With emerqency and lnvoluntary administration of psychotropic medication which have been identified in the past two yearsr and Senate 3i11 1048 deals with this subject. There Was a task force that was started out, and on that task force Was the Department of Mental Health, Chicago Reed, Human Rights Authorityr Guardianship and Advocacyz Mandel Legal Clinic, Judge Staniec, the State 's Attorney's offlce, Equip for Equality and -- and several others. The end result is Senate Bill 1048, which is an agreement among all the task force members involved in this problem. Be glad to answer any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, th9 quesEion is, shall Senate Bill 1048 pass. Those in favor will vote Aye. Those oppcsed will vote Nay. The voting is open. Have a11 vated who wished? Have all voted Who wished? I Have a11 voted Who wished? Madam Secretaryy take the reccrd. On I 77 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20# 1995 I 1 that question, there are 58 vcting Aye, none voting No, none voting Present, and this bill, having received the required ccnstitutional majority, is hereby declared passed. 1066. Senator Klemmy do you wish this bill returned -- no. The next one is 1078. Senator Dillard. Madam Secretary, will you read the i bill.
Senate Bill 1078. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.
Thank your Madam President and Ladies and Gentlemen of the Senate. Senate Bill 1078 is an initiativg of Secretary of State Gecrge Ryan to address a problem, nct only which has been in Illinois for a number of years, but thls past sunmer in my area and in suburban Chicagor we had a major problem with deaths at railroad crossings. In fact: in one snall period of tine, in a two-week perlod, we had eleven deaths at railroad crossings in suburban Chicago. Thls blll amends *he Illinois Vehicle Code to enhance the penalty for violating railroad grade crossing warning devices for drivers and pedestrians by establlshing a mandatory fine of five hundred dollars or fifty hours of community sçrvice. And I belleve it is there to heighten awareness of the publlc to seek a solution to a serious problem. And las: year -- in 1993, the year before last in Illinois there Were two hundred and seventy-two railroad colllsions that resulted in fifty-one deaths, forty-six people last year and -- as I said in the onset, in a very short perkod of time thks summer, on Metra tracks in the Chicago arear We had a serious problem. I'd be happy to answer any questions. 78 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 i 1
PRESIDING OFFICER: (SENATOR GEO-XARIS) Any further discussion? Senator Trotter.
Thank you very much, Madam President. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he Will.
Yes. Senator Dillardr according to what we have here, it satd this is prina facie evidence thab drivers who -- Who pull out of here are automatically to be held liable even if there were no signs and no kind of barriers out there. Is that -- ls that true?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.
Senator Trotter, the portion of the bill you're reading from deals Nith making what I call railroad crossbucks, where there are no electronic signals, prlma facie evldence that -- that that is a - - or, that that becomes a yield sign to the public. There's a question out there that -- Whether or not you have to put up an actual yellow yield sign that you and I are used to: or whether a crossbuck, whtch are those White signs, are yield signs, are good enough under the Illinois Vehicle Code to be considered a yield sign. And wbat Wesve dane is simply clarify that a crossbuck sign has the same weight and force as one of those yellow yield signs that you and I are used to, and requires the motorin: public to yield the right-of-way. The five-hundred-dollar fine, Senator TrotEer, does not involve that part of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator TrotEer.
But lt's not just the signs. There's nc lights. There's just 1 79 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leglslative Day Aprll 20, 1995 nothing here. So what's happenin: is that Wedre going to absolve I 1 the railroads from all responsibility Lf, in fact, there was an I accident?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.
No, sir. What this 1s, is it -- it isr I believer a presunptive standard. It clearly can -- you know, can be overcome, but I've got to tell you, if you're driving across an unmarked crossing and you get hit by a train, I Would like to see the platntëff's trtat lawyer that somehow shows that you didn't yield the right-of-way.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything further? Senator Walsh.
Thank you, Madam President. Senator Dillard, I -- I support your blll. I think it's a good idea. I know that -- the problems we share along the Burlington line, and therefve been many tragedles. What I'm wondering, however: ls I -- I work in Franklin Park and there's a 1ot of railroad crossings there. Oftentimes, the -- the gates are broken and the -- the -- the gate is stuck on down, and you know , somehow you 've got to get around it. Dces -- does this bill address that at all?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.
That's a good question, Senator Walsh, and I -- 1 do nct have ! an ansWerright now, but I will -- I w111 wcrk With youy if there 1 i isaproblemthatisnotaddressed,asthisbillgoesoverto the House j i : but I just do not knag the answer to that question.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Berman. 1 80 , y ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprll 20r 1995 l SENATOR BERMAN: j ! Thank you, Madam President. I'm -- I have sericus problems j with the provision on page 3, that is on lines 1 through 15. This - - that Section does not deal with the criminal penalty, which I am supportive of, but what it does is to put a presumption of -- of fault on a drëver where a train and a driver collide. NoW, Why should we do that? I mean, let Whoever is a -- whoever observes it or witnesses 1t, 1et them testify without any presumption one way or the other. You tre putting the driver in a -- it's the drlver's fault. And I will tell you, under this language, if I come to a crossbuck slgn and I stop and I listen, and I look both ways and then I move forward, and the traln comes fron around the curve and hits mey it's my fault. Now that doesn't make sense, and that's what that paragraph does. I -- I canft support this bill in that kind of a manner. I -- I don't understand why you want to do this, unless it's a railroad bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.
The reason I Would do that, Senator Berman - and agafn, it is a presumpticn that I believe you could overcome under some circumstances - but I think common logic is when you come Eo an unmarked railroad crossing, you have to yield the right-of-way to a railroad train. And youlre supposed to stop, look and listen like We were taught in the first or second grade, and if ycur car gets hit by a traln, I believe that that burden should be on the driver to show that they were not at fault. And I believe that it is common sense that lf you dre h1t by a traln going over a railroad crossing, you certainly didn't yield.
PRESIDINGOFFICER: (SENATORGEO-KARIS) Senator Berman. 1 sEsavoasER.xx, j sz STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 Well, I would just suggest to you under the hypcthetical that gave ycu, that lf I stopped and I'm alone and f then, you know, listen and don't see and I start to cross and the tratn hits me and kllls me, where are my kidg, where are my Widows, the only person that's going to testify ls the -- is the -- the -- the motorman in the train. I mean, you're -- ycudre presumlng -- I mean, don't want 1'11 put my money on that train in any accident anyway. Right? ïouire not only putting money on the train, you're putting the 1aw on -- favor of the train. We -- and you knowy we're dlscussing this right now: but go cut on the street the day after this bill becomes kaW and ask sonebody, ''When you see those crossbucks,'' and they don't even know what that means, but if say, ''If you see these crossbucks at a station -- at a train crossing...'' and we 've got them Springfieldr and you expect everybody to stop, wait, listen: and if they -- and if they donbty or even if they do and there 's a crash: they're at fault? Senator Dillard, I just thlnk you're swinging the pendulum the wrong way.
PRESIDING OFFICER: (SENATOR GEO-KARIS) We have twenty-three more bills. We can finish today we can try real hard. Further discussion? Senator Fawell.
Thank you very much. I have -- I am a cosponsor of this bill because of the fact tbat the Traffic Safety Committee for Railroad Crossings has been working on this bill Dupage County for about seven or eight months. This is not some spur-of-the-moment type thinq that's been dreamed up by etther Senator Dillard or myself. Believe me, this has been studied to death. Frankly, when there is a yield sign and there is an accident, I believe lf the perscn didn't yield, if there is a yield sign, that person is assumed guilty. am not an attorney and I may be Wrongy but just seems to me in the ftrst placer if you don't yield to a traln, 82 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 you're not gcing to be around to pay the five hundred dollars anyway. What we're trying to do is to stop, parEicularly, the kids who have been killed on the railroad tracks, including the two that were killed and -r and landed in Senator Dillard's yard and several of the klds my district that have been killed, because they're in a blg hurry and they don't Want to watt for the train. and unfortunately, what they are doing is whlle the gates are still down, they see one train pass; the gates don't go up; they assume that Ehe other -- there is no cther train, and frankly, they assume Wrong . Because what has happened is there is another train coming the other way. That's when these kids get killed. If they think they may have to pay a five-hundred-dollar fee or work for flfty hours, they might think twLce about driving around those gates. This is a good bikl. It should be passed . We ought to stop these kids from getting killed, and I don't kncw any other Way to do it, except for the one that this particular committee has come up with. They have been working with the railroad peopler the hfghway people, the schools, the educational component of the railroads, the the parents of the kids who have been killed. You kncw. I think, personallyr a good bill, and we ought to al1 be voting for it.
PRESIDING OPFICER: (SENATOR GEO-KARIS) Eurther discussion? Senator Woodyard .
Thank you, Madam President. Wauld the sponsor yield?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will.
Senator Dillard, I only had two questkons, and I think you may have answered one of those. seems that We have a 1ot of -- of not only slgnals, but also the -- the bars that come down, and I believe most of those are computer driven anymoreg and welve 83 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 got a 1ot of then that if we get a -- a half an inch of rain: they dll come doWn or the red lights will come onr and they may be on twenty-four to thirty-six hours at a crosstng. Would Ehis if somebody went around that thlng under this lawy would -- would they get fined also?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dtllard. Senator Dillard.
Senator Woodyard, the same response I had to Senator Walsh: do not know the answer to that questlon. And certainly not my intentr as the sponsor of this billr to have a five-hundred-dollar fine if there is a malfunctioned crossing. You know, a lot would depend on whether a police offlcer would ticket you you could prove that there was a malfunctioning erossiag.
PRESIDING OFFICER: (SENATOR GEO-XARIS) Senator Woodyard.
The second question: In the case that you mentioned that happened in your dlstrict where you had up to -- Well, as many as eleven people that were killed by going around those crossbars, this would of -- had been law, Who Would have paid the fine, if it killed them?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.
I'm sorry, Madam President, can he repeat the question?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Would you repeat the questton? Senatlr Waodyard?
In the case Where the person gets killed when they drive around the crossbar, who pays the fine, you know, if they're dead? 84 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Lpgislaeive Day April 20, 1995 i I Does -- you get it out of the corpser or how does Ehat work?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Sgnator Diltard.
I believey Senator Woodyard, that if the person was deceased, obviously they 're not going to be finedy and in fact, I believe thelr death would probably be penalty enough.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Thomas Dunn.
Thank you, Madam Presldent. Question of the spcnscr.
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he Will yield.
Senator Dillard, lf -- if one of my constituents is driving his tractor and approaches the grade up to the track and the tractor stalls on the trackr the train hits the tractor, where does the family farm wind up in this dealr since -- since he's...
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard. I'm sorry.
Senator Dunn -- I believe, Senator Dunn, under that circumstance, there would not be a violation of this Act.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dunn. SENATOR %. DUNN: Why not?
PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Dillard.
I believe you could overcome a prlma facie case that would go to the jury to have a defense to this type of ackion and have a I 85 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995 defensible action it Was a legitimate stall of that tractor.
PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Dunn.
SENATOR DUNN : Question then. You're dead, Senator. There's not qoing to be any testlmony. Senator Dillard? Senator Dillard? The tractor driver loses in the collision. Youdre dead.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.
Again, as I answered before, believe that any police officer would certalnly not fine, you know, an individual that is dead in some type of crossing accident. There's nobody ko wrlte a tlcket to.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusslon? Senator Dunn.
To the bill, Madan Presidents Wellr it's interesting that the presumption goes towards the railroad, as opposed to the indivldual, and I hope all the non-attorneys understand the significance of a presumption. It ls a legal concept that says, ''Mr. operator of a vehicle, you are wrong until you prove you were right in crosstng the rallroad track.'' So if lt's a dark night and it doesn't take into consideration the darkness of the nlght, you have to prove your righteousness in driving over that Erack. Now, this bill says tha: the traln is baslcally always right. There's often times where the train is wrong. There's times When the car is Wrong, I think the smart thinq to do would be Eo leave this up to the same jury khat awards death penaltiesy and let the jury decide if the train is urong, or if the operator of the vehicle is wrong. 86 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20r 1995
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusston? Senator Berman, for the second ttme .
Thank you, Madam President. I apologize for rising a second time, bu* I wanted to comment. Senator Fawell talked about these kids that run around the -- the -- the gates that are down or *he bells that are ringing. What I'm talking about has nothing to do with that, and tt has nothing to do with a fine. The paragraph that am referring to, Ladies and Gentlemen, only deals Where there are no -- where there -- sorryr where there are no automatlc, electrtc or mechantcal signals, no crossing gates or no human flagvman. A1l you 've got are those crossbucks. That's -- that's what applies. And this doesn't deal with a fine or a penalty, Ladies and Gentlemen. We're talking about who's at fault in this accldenty and let me read to you what the -- what the bill says. At those kinds of crossing where you only have the crossbucks, it says as follows on line 11 through 15 on page 3: ''If a drlver is involved in a collision at a railroad crossing or interferes with the movement of a train after drtving past the railroad crossbuck sign, the collision or interference is pripa facle evidence of the driver's failure to yield right-of-way.n Nowg Ladies and Gentlemenz there is no reason none whatsoever that I have heard today why we should put that presumption of negligence on the drlver. they -- they didn't stap, ehey went around something, fine. Give them a fine. Give them a ticket. This is a presumpElon that every accident at a crossbuck-only crossing is the fault of the driver. Your voters are entitled -- your drtver voters are entitled Eo a better shake of the dice than What's in this bill. urge a No vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dlscussion? Senator Fawell, for the second time. Briefly. 87 BTATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20, 1995
I -- I apologize for rlsing a second time. But, you know, the bottom line is we are talking about a tratn on tracks. When you drive a train you cannot swerver you cannot nove the train off the tracks to get around a car who happens to be in front of you. you listened to the testimony, as did, of some of these engineers uho have been involved in these these accidents, you would understand the trauma that is involvedr you kould understand how they do everything but stand on their own head trying to stop that train when they see somebody darE out front of them, not yielding r as they should, tryin: to beat the traën, and not making it. If there ls a crossbuck, they are in the country, they should be able to be able to see on b0th sides. If you are -- is dark, then you should come up to those railroad tracks and stop. There have been accidents Where peaple have gone up to the tracks and gotten caught underpeath a train that is -- is on that are on those tracks. It is time to stop this needless deaths of, not only children, but people in general. The only way, obviously, we are going to be able to do it is to increase the fine. That's a11 thls does, in reality. We'ye got to stop this -- this -- these deaths, and I -- I khink We all ought to be vottng Aye.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, Senator Dillardz to close.
Thank you, Madam Chairman. This has taken longer than thought, and I apologize to Ehe Membership. Again, as I stated at the outset, we have a very deep problem in Illinois wlth tncreasing railroad deaths, eleven deaths in a very short period of time in suburban Chicago. And the chanqe With respect to the crossbucks, the unmarked crossings, is a response and needed 88 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 35th Legkslative Day April 20, 1995 because of the ISTE Act from Congress requiring us to make it clear that these crossbuck signs are equal to a yield slgn. This is a jolnt initiative of Secretary of State George Ryan and the Illinois Railroad Assoclation. Itfs supported by the Munieipal League, Metra and the traffic safety communlty . And I can really think of very few, if anyy circumstances uhere one wculd cross a railroad track at an unmarked crosslng and be struck by a traln and have the train somehow at fault . But agaln , -- it 's rebuttable, and clearly if somebody 's struck by a train after not following the yield sign, it's rebuttable. And I urge your favorab le vo te .
PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is r shall Senate Bill 1078 pass . Those in favor Will vote Aye . Those opposed Will vote Nay . The voting is open . Have all voted who wished? Have al1 voted Who wished? Have a1l voted who wlshed? Madam Secretary , take the rqcord . On that questlon r there are 35 voting Aye , 20 vctlng Nay , none votlng Present. Thls bill, having received the required constitutional majorityr is hereby declared passed. Committee Reports, Mr. Secre tary .
Senator Weaver, Chair of the Cemmittee on Rules, reports that the followin: Legislatlve Measures have been assigned to commtttees: Referred to the Committee on State Government Operations - Senate Resolutions 52 and 53.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Mr. Secretary, have there been any motlons ftled?
Yes, Madam President. Senator DeAngelis has filed a motion with respect to Senate Bill 958.
PRESIDING OFFICER: (SENATOR GEO-KARIS) The -- Mr. Secretaryg the Chalr requests that these motlons be 89 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 20# 1995 printed on the Calendar. So ordered. Resolutions.
Senate Joint Resolution 42, offered by Senator Dudycz. (Secretary reads SJR No. 42)
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dudycz moves to suspend the rules for the purpose of the immediate consideration and adoptlon of this resolutionr Senate Jolnt Resolutlon 42. Those in favcr will say Aye. Those opposed wll1 say No. The Ayes have it, in the opinion of the Chalr. The rules are suspended. Senator Dudycz, to explaln the resolutionr and Senator Dudycz has moved for the adoption of Senate Joint Resolution 42. Those in favor will say Aye. Those opposed will say Nay. The opinion of the Chair, the Ayes have it, and the resolution is adopted. Any further business to come before this House? Resolutions for Consent Calendar. We'1l noW proceed to the Order of Resolutiony Consent Calendar. With leave of the Body, all of those read in today will be added to Ehe Consent Calendar. Mresecrptary, have there been any objections filed to any resolution on the Consent Calendar?
' No objections have been filed, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? If not, the question ls, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. A1l opposed. In the opinion of the Chair, the motion carries in favor of and the resolutlons are adopted. Is there any further business to come before the Senate? If not, pursuant to the adjournment resolutionr the Senate stands adjourned until Monday: 4 p.mp, April 24y 1995. And want to wlsh Ehose of you who ar9 qoing to have Greek Easter this Weekend, Happy Easter. You're adjourned. 90 REPORT: TIFLDAY STATE 0F ILLIMOIS 96/09/11 P&GE: 001 89TH GENERAL ASSEMBLY 16:16:36 SENZTE DâILY TRANSCRIPTION 0F DEBATE INDEX APRIL 20, 1995 HB-0178 FIRST READING H8-0222 FIRST READING HB-0300 FIRST READING HB-0R71 FIRST REâDING H8-0496 FIRST READING HB-0#97 FIRST READING H8-0553 PIRST READING H8-0597 FIRST READIVG HB-0T31 FIRST READING HB-0781 FIRST READING H8-0897 FIRST REâDING H8-0955 FIRST READING HB-1130 FIRST REâDING HB-1498 FIRST REZDING HB-1510 FIRST READING HB-1708 FIRST READING HB-1800 FIRST REZDING HB-1810 FIRST READIMG HB-1842 FIRST READING H8-2326 FIRET REâDING SB-0003 SECOND REZDING SB-OGIM SECOND READING 58-0062 MOTION SB-0130 SECOND READIVG SB-02M0 3ECOND REâDING 58-0256 SECOND REâDIMG 58-0265 SECOND READIMG 58-0270 SECOND REZDIMG SB-0312 SECOND READING SB-0320 SECOND READING 58-0332 SECOND READING SB-03Mk SECOND REZDIMG 58-0395 SECOND READIMG 3B-0k12 SECOND REZDING SB-0M15 SECOND REZDING SB-0k41 SECOND READING 58-0472 SECOND READING SB-0q78 SECOND REZDING SB-0511 SECOND READING 58-0524 SECOMD REZDING 58-0539 SECOMD READING 58-0539 0UT OF RECORD 5B-05M0 SECOND REZDIMG 58-0559 SECOND REZDIMG SB-0580 SECOMD READING 58-0586 SECOND READING 58-0599 SECOND REZDIMG SB-0600 SECOND READIMG SB-0602 SECOND READING SB-0613 SECOMD READING SB-0616 SECOND READING :8-0620 SECOND REZDING 58-0623 SECOND READIMG 58-0628 3ECOND READING 58-0636 SECOND REZDIMG SB-0691 SECCND REàDIMG SB-0706 SECOND READING SB-0708 SECOND READING SB-0721 SECOND READING SB-0731 SECOND REZDING SB-07R1 SECOND READIMG SB-07k7 SECOND READING 38-0776 SECOND READING 38-0781 SECOND READING r' REPORT: TIFLDAY STATE OF ILLINOIS 96/09/11 PAGE: 0O2 S9TH GENERAL ASSEXBLY 16:18:36 SEMATE DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 20, 1995 SB-0787 SECOND READING 38-0788 SECOND READING SB-0802 SECOKD READIMG SB-0612 SECOND READING 58-0820 SECOND READING 58-0833 SECQMD READTNG SB-0838 SECOND READING 58-0854 SECOND READING 38-0868 SKCOND READING SB-O891 SECOND READING 58-0893 SECOND REZDIMG 58-0895 SZCOND READING 58-0896 SECOMD READING SB-0931 SBCOND READIMG SB-09R9 SECOND READISG 58-095) SFCOND READING 58-0958 THIRD READING 58-0958 HOTIO: FILED 58-0958 OTHER 53-0958 OTHER SB-û960 THIRD READING 58-0960 OTHER 58-0967 THIRD READING 58-0971 5EC0M9 READING 58-0972 THIRD READING 58-0979 RECALLED 88-0980 THIRD READING 53-0985 THIRD RERDIMG 58-0989 THIRD REZDING 58-0991THIRD HEADING 58-0995 THIRD RZADING 58-0998 SBCOND READING SB-1000 THIRD HEZDING 38-1005 THIRD READING SB-10O6 THIRD REâDING SB-1006 QUT OF RECORD 58-1025 SECQMD READING 53-1026 THIRD READING 53-1028 3ECOND READING 56-1033 THIRD READING SB-103R SECOND READING 58-1037 THIRD RZADING SB-1038 SECOND READING SB-1039 SECOND REZDING 5B-1OR8 THIRD READING 53-1067 8FCOND READING SB-3078 THIRD REZDING 58-1080 SECOND READING SB-1O89 8ECOND READING SB-1139 3BCOND READING SB-11k0 SECOND READING SB-1152 SECOND READING SB-1187 SECOMD READING SB-1197 3ECOND READIMG SB-1200 SECOND READING SR-O050 RESOLOTION QFFERED SR-0051 RESOLUTIOM OFFZRED ER-0052 RESOLUTION OFFERED 5R-0053 RESOLUTION OFFERED SJR-OOMI HESOLUTIOK QFFERED SJR-00q2 ADOPTED 8JR-00R2 RESOLUTION OFFERED j r ,. * ! REPORT: TIFLDAY STATE OF ILLIMOIS 96/09/11 i PAGE: 003 S9TH GENERAL ASSEMBLY 16:18:36 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 20, 1995 SUBJECT MATTER SQNàTE TQ ORD6R-PRZSIDENT PHILIP PACE PRAYER-THE REVEHEND GREGORY L. CARLSQN PAGE PLEDGE OF ALLEGIANCE PAGE JODRNALS-POSTPONED PAGE INTRODUCTION OF GUESTS-SENATCR HA%KINSON PZGE INTRO OF RICHMOODS HS SCHCLASTIC BORL TEâM PZCE GUEST SPEZKER-COACH BROQKS-JUERGENS PAGE SENZTZ STâNDS lN RECCSS PAGE SENATE RECONVENES PàGE COMHITTEE REPORTS PAGE HESSAGE FR0H THE HOUSE PAGE COHHITTZE REPORT PAGE COHHITTEE REPORT PAGE RESOLMTIONS CONSENT CALENDAR-ADOPTED PAGE ADJQURNMENT PAGE