i Senator Geo-Karis moves to approve the Journals just read. There being no objections, so ordered . Committee Reports. i
Senator Fawell, Chair of the CommitteeonTranspcrtationr reports Senate Hills 775 and 990 Do Pass; and Senate Amendments 1, j 2 and 3 to Senate Bill 539 Be Adopted. Senator Cronin, Chair of the Committee on Education, reports Senate Bills l6, 18, 657: 658 and 944 Do Pass; Senate Bills 403, 727, 784, 946, 1017, 1029, 1122 and 1126 Do Pass, as Amended; House Bill 2û7 Do Pass, as Amended; Senate Amendment 2 to Senate ; Bill l41 Be Adoptedz Senate Amendment 1 tc Senate Bill 782 and 1 Senate Amendment 1 to Senate Bill 1115 Be Adopted. Senator Woodyard, Chalr of the Committee on Agriculture and Conservatton, reports Senate Amendment 2 to Senate Bill 854 Be Approved for Consideration. Senator Klemm , Chair of the Committee on Local Government and i j Elections, reports Senate Bill 7l1 Do Pass; Senate Amendment 2 to Senate Bill 80 <s1c> Be Adopted; Senate Amendment 2 to Senate Bill 441, Senate Amendment 2 tc Senate Bill 478, Eenate Amendments 2 I and 3 to Senate Bill 586, Senate Amendment 2 to Senate Bill 788, Senate Amendment 2 to Senate Bill 947 and Senate Amendment 2 to ' Senate Bill 1066 all Be Adopted. I Senator Hawkinson, Chakr of the Committee on Judiciary, reports Senate Bill 1036 Do Pass; Senate Bllls 7, 145, 601, 1001, and 1091 Do Pass, as Amended; and Senate Amendment 2 to Senate Bill 415, Amendment 2 to Senate Bill 628 and Amendment 1 to Senate Bill 829 alL Be Adopted . Senator siebenr Chair of the Committee on State Government Operations, reports Senate Ksicl (House) Bi11 496 Do Pass.
PRESIDING OFFICER: (SENATOR WEAVER) 2 STATE OF fLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 26, 1995 Resolutions. i
Senate Resolution 55, offered by Senator Shaw and al1 Members. It's -- or, it's a death resolution, Mr. President. PRESIDING OFFICER: (SENATOR WEAVER) I Consent Calendar. Messages from the House. I
A Message from the House by Mr. McLennand, Clerk. Mr. President - I am directed to inform the Senate that the House of Represenbatives has passed bills of the following titles, in the passage of which I am lnstructed to ask the concurrence of the Senate, to wit: House Bills 25, 989, 1045, 1268, 1437, 1869, 1893, 1967, 630, 1940, 2141, 2251, 2273, 2308, 2349, 2370, 2429, 2463, 238, 708, 940, 1070, 1131, 1149, 1582 and 1825. A1l passed the House, April 25th, 1995.
PRESIDING OFFICER: (SENATOR WEAVER) HOuSe Bills lst Reading : Mr. Secretary. ; SECRETARY HARRY: ' House Bill 36: offered by Senator Dillard. ! I (Secretary reads title of bill) House Bill 90, by Senator Karpiel. (Secretaryreadstitleofbill) j Senator Raica offers House Bill 193. (Secretary reads title of bill) House Bill 241, offered by Senator Pltzgerald. (Secretary reads title of bill) House Bl11 249, Senator Palmer. (Secretary reads title of bill) Senator Klemm offers House Bill 438. (Secretary reads title of bill) House Bill 614, presented by Senator O'Daniel. I I 3 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38*b Legislatlve Day April 26, 1995 (Secretary reads title of bill) Senator Walsh offers House Bill 929. (Secretary reads title of bill) I House Bill 1002, offered by Senator Dudycz. ! (Secretary reads title of bill) House Bill 1108, Senator Raica. (Secretary reads title of bill) House Bill 1212, Senator Peterson. (Secretary reads title of b1ll) House Bill 1363, presented by Senator Garcia . (Secretary reads title of bill) Senatcr Klemm offers House Bill 1502. (Secre*ary reads title of bill) House B(ll 1608: presented by Senator Dillard. (Secretary reads tëtle of bilk) Hcuse Bill 1693, offered by ienator Sieben. (Secretary reads title of bill) Senator Dudycz offers House Bill 1619 -- 1699. (Secretary reads title of bill) House Bill 1878, presented by Senator Jacobs. (Secretary reads title of b1ll) HouseB(ll1931,offeredbySenatorsT.DunnandR.Dunn. 1 E (Secretary reads title of bill) House Bill 1977, offered by Senator Raica. (Secretary reads title of bill) I Senator Ilarpiel offers House Bill 2123 . (Secretary reads tiE1e of bi11) Senator Syverson offers House Bill 2181 . (Secretary reads title of bi11) House Bi.ll 2204 , by Senator Raica . (Secretary reads titke of bilk) . House Bi11 2276 <sic> (2278)r Senator Parker. 4 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 I (Secretary reads tltle of bill) 1 I House Hill 2321, Senator Dillard. (Secretary reads title of bill) Senator Peterson offers House Bill 2332. (Secrebary reads title of bill) And House Bill 2346, by Senator Walsh. (secretary reads title of bill) lst Reading of the btkls. PRESIDING OFFICER: (SENATOR WEAVER) We will now turn to page 2 on the Calendar. Senate Bills 2nd Reading. Let me admonlsh the Members to mcve these bills. We're running out of time. The first ones up would be Senator Butler: Senator del Valle, Senator Petka, Senatcrs Trotter, DeAngells, Dudycz, Woodyard, Hasara. Senator Butlerr do you wish to move Senate Bi11 1l? Out of the record. We'11 return to the Order of Committee Repcrts for a correction. Mr. Secretary . SECRFTARY HARRY: Mr. President, Senator Sieben, Chair of the Committee on State Government Operations: reports House Bill 496 - not Senate Bill 496, but Hcuse Bill 496 - as Do Pass. PRESIDING OFFICER: (SENATOR WEAVER) Now back on page 2, on the Order of Senate Bills 2nd Reading, Senate Bill 11. Senator Butler? Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 1l. (secretary reads tltle of bill) 2nd Reading of the btll. The Committee on Commerce and Industry adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration? SECRETARY HARRY: ! 5 r ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislattve Day Aprll 26y 1995 No further amendments repcrtedy Mr. President. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator de1 Valle, on Senate Bill 57? <sic> I I Read the bill, Mr. Secretary. 1 SECRETARY HARRY: Senate Bill 15. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Petka, on Senate Bill 8l? Out of the record. Senator Smlth on the Floor? Senator Dudycz, on 2472 Do you wish to move the bill? Out of the record. Senator Steben: on 336? 0ut of the record. 337? Out of the record . Senator Burzynski, on 429? Read the bill, Mr. Secretary. Senate Bill 429. SECRETARY HARRV: Senate Bill 429. (Secretary reads tikle of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OPFICER: (SENATOR WEAVER) 3rd Reading. Senator Cullerton on the Floor? Senator Raica, on 4457 Read the bill, Mr. Secretary. SECRETARY HARRV: Senate Bilk 445. (Secretary reads title of b111) 2nd Reading of the blll. The Committee on Publkc Health and Welfare adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR WEAVER) 1 Have there been any Floor amendments approved for 1 1 consideratton? 1 I SECRETARY HARRY : I j I No further amendmenes reported. 1 6 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislattve Day April 26, 1995 I PRESIDING OFFICER: (SENATOR WEAVER) 1 ' 3rd Reading. Senator Rauschenberger, on 630? Read the bill, Mr. Secretary.
Senate Bill 630. (Secretary reads title of bkll) 2nd Reading of the bill. The Committee on Environment and Energy adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for conside ration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Maitland, on 656:7 Out of the record. Senator Cronin, on 662:/ Read the blll, Mr. Secreeary .
Senat.e Bill 662 . (59c?retary reads title of blll) 2nd Readlng of the bill . No coY ittee amendments : Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Have -- have there been any Floor amendments approved for consideration?
lço further amendments repor*ed.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Rauschenbergerr did you wish to mcve 4837 Read the bill , Mr . Secretary . 483 , Mr. Secretary . SECRETARY HARR;: Senate B ill 483 . (Secretary reads tit1e of bil1) 2nd Reading of the bi11 . No committee or Floor amendments . 7 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . 484, Mr. Secretary. SECRETARY HARRY: Senate Blll 484. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 485, Senator Rauschenberger? Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 485. (Secretary reads title of bill) 2nd Reading of the bill. Nc committee or Floor amendments. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 486, Mr. Secretary. SECRETARY HARRY: Senate Bill 486. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readlng. 490: Mr. Secretary. SECRETARY HARRY: Senate Bill 490. (Secretary reads title of bill) 2nd Reading of the bill. No committee cr Floor amendments. PRESIDING OFFICER : (GENATOR WEAVER) 3rd Reading. 577, Senator Trotter? Read the bill, Mr. secretary. SECRETARY HARRV: Senate Bill 577. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Hea1th and I . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 Welfare adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideraticn? SECRETARY HARRY: No further amendments reported. PRESIDENG OFPICER: (SENATOR WEAVER) Reading. On page 2, Senate Bill Senator Phllip? Read the bill, Mr. Secretary. SECRETARY HARRY: Which one? FRESIDINC OFFICER: (SENATOR WEAVER) 397 . SECRETARY HARRY : Se nate B il1 397 . (Secretary reads title of b111) 2nd Reading of the bill . The Conlmittee on Executive adopted Amendments l and 2. PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration? SECRETARY HARRY : No further amendments reported . PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator Thomas Dunn on the Floor? Senate Bill 709. Senator Watson . Read the bi11 , Mr. Secretary . SECRETARY HARRY : Senat.e Bill 709 . (Secretary reads title of bill) 2nd Reading of the bill'. The Committee on Publlc Health and Welfare adopted Amendment No . l. PRESIDING OFFICER: (SENATOR WEAVER) 9 1 STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 1995 Have there been any Floor amendments approved for consideratlon?
No further amendments reported.
PRESIDING OFPICER: (SENATOR WEAVER) 3rd Reading. Senator Lauzen, on 720? Read *he bill, Mr. Secretary.
Senate Bill 720. (Seeretary reads title of bill) 2nd Reading of the btll. The Committee on Executive adopted Amendmene No.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 725. Senator Lauzen? Out of the record. 726, Mr. Secretary.
Senate Bill 726. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration? SECRETARY HARRY; No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readinq. 760? Read the bill, Mr. Secretary. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 SECRETAR? HARRY: Senate Sill 760. (Secretary reads title of bill) 2nd Readlng of the bill. No committee or FToor amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Hawkinson, on 782? Read *he bill, Mr. Secretary.
Senate 3ill 782. (Secretary reads title of bill) 2nd Readtng of the bill. There are no committee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd -- have there been any Floor amendments approved for consideration?
Amendment No. 1, cffered by Senator Hawkinson.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Thank you, Mr. President. This amendment was heard in the Education Committee last evening after Session. Passed out of committee unanimously. It is -- my amendment, which contains the philosophy that the Chicago schools ought to best be run by the people of Chicago by the taxpayers, the parents, the students, the teachers of Chicago. It would prospectively abolish the Chlcago School Code and *he Chicago Finance Authority as of July 1997. realize this is not in final shapez but expresses that phllosophy, *hat we ought to leave hands off and 1et the people of Chicaga run their schoolsr just like We run our schools elsewhere in the State. And I would ask for the adoption of Amendment No . l to Senate Bill
PRESIDING OFFICER: (SENATOR WEAVER) 11 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Is there -- is there discussion? If not, a1l in favor, signify by saying Aye. Oppcsed, Nay. Excuse me. Senator Cullertonr under discussion. Senator Cullertcn.
Yes, would the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield.
By abolishing the Chicago School Code, does that mean that the City of Chicago's Bcard of Education then wculd be allowed to do *he sane things that other school districts can; that is, to borrow money, Eo have lapse spendins, like other school districts do? And secondly second question 1'11 ask at the same time: Does mean that we are abolishing all -- a1l our local school councils as well?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Wedre goin: to have to further amend this bill along the way. I do not want to abolish the local school councils. We have to amend the regular School Code to take out the flve hundred thousand dollar <sLc> population levels, but it's my intention Eo put the schools a1l under the same School Code: 1et the people of Chicago run their own schools under the same School Code that the rest of us do. realize that's going to be some fine-tuning . We need Eo proEect *he schook councils. Wtth Eha: -- we're going Eo have to further amend this to fine-tune it. But I think We ought to proeeed along with Ehat phtlosophy, rather than the phklosophy of having the State Legislature try and run those schools.
PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? senator Collins.
12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 Yes, thank you. I just wanted to concur with Senator Hawkinson. I recognize that the -- the school couneil provision ls -- is still in the blll, but was a comaitment that that he wll1 continue to work on this particular bill and that that would not be a part of the final product. Tha: is not the intention of getting rid of the school councils, but it's to keep this bill alive, because Wholeheartedly concur tbat this leqislative Body should get out the business of trying to run the Chicago schcol systems. And if We can work cn it, as he has pledged to do, and a1l of the tnterested parties through thts process, that will head off some of the crazlness that weive already passed dealing with the Legislature taking control over Chicago sehools. And I'm wllling see thls move forward -- this amendment.
PRESIDING OPFICER: (SENATOR HEAVER) Any further discussion? If not, all ln favor, signify by saylng Aye. Opposed, Nay. The Ayes have ie. The amendment's adcpted. Are there -- have there been any other Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readlng. Senator Lauzen, on 798? Out of the record. Senator Jacobs, on 8017 the record. Senator Raica' on 8507 Read the b111, Mr. Secretary.
Senate nill 850. (Secretary reads title of bill) 2nd Readlng of the bill. The Commtttee on Local Government and Electlons adopted Amendment No .
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration? STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 26, 1995 ;
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Thomap Dunnr do you wish to move 8977 Out of the record . Senator Walshr on 906? Read the bill, Mr. Secretary.
Senate Bill 906. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce and Industry adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WEAVER) Rave there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Cronln, on 1016? Read the billr Mr. Secretary.
Senate Bill 1016. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 1022. Senator Peterson? Read the bill, Mr. Secretary.
Senate Bl1l 1022. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adcpted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WEAVER) 14 ' ( STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Have there been any Floor amendments approved for consideration? !
No further amendments rqported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Phllip: on Senate Bill 10507 Read the bill, Mr. Secretary. Out of the record. Senator Severns, on 10977 Read the bill, Mr. Secretary.
Senate Bill 1097. I l (Secretary reads title of bill) ' 2nd Readin: of the bill. The Committee on Public Hea1th and Welfare adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 1115. Senator Rea? Read the bill, Mr. Secretary.
Senate Bi11 1115. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readinq. Have -- have there been any Floor amendments approved for conslderation? . I SECRETARY HARRY: j Amendment No. 1, offered by Senator Rea.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rea, to explain the amendment. 15 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995
Thank you, Mr. President, Members of the Senate. Amendment narrows the scope of the -- down to one school district that Senate Bill 1115 Would pertain to. would just ask fcr a favorable vote.
PRESIDING OFFICER: (:ENATOR WEAVER) Is there discussion? If not, all in favorr signify by saying Aye. Opposed; Nay. The Ayes have it. The amendment's adopted. Any further amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Cullerton, on 1183? Senator Cullertonz on 1183? Out of the record. On page 2, Senator 5m1th would like to call -- to move 189. Mr. Secretary, read the bill.
Senate Bill 189. (Secretary reads title of bill) 2nd Readlng of the btll. The Committee on Public Health and Welfare adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senate Bill 281. Mr. Secretary, read the bill.
Senate Bill 281. (Secretary reads title of bi11) 2nd Reading of the bill. The Committee on Commerce and Industry adopted Amendment No. 1. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislattve Day April 1995
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideratlon?
No further amendments reported.
PREEIDING OPFICER: (SENATOR WEAVER) 3rd Reading. On page 12 is Senate Bill 883. On page 4, Senate Bill 883. Senator Severns, did you Wish to move that? Read the bill, Mr. Secretary. SECRETARY HARRY) Senate Bill 883. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OPFICER: (SENATOR WEAVER) 3rd Reading. 884. Mr. Secretary, read the bill.
Senate Bill 884. (Secretary reads tttle of bill) 2nd Reading of the bill. No committee or Flaor amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readlng. For what purpose does Senator Jones arise?
Yeah. Thank you, Mr. President. With leave the Bodyz can we go back to 1173, on page 57
PRESIDING OPFICER: (SENATOR WEAVER) Well, Senator Jones, there's a flscal note request on lt.
Well, that fiscal note request has been responded and filed by the Departnent of Corrections. You should have had that a Week ago. PRESIDING OPFICER; (SENATOR WEAVER) The Secretary doesn't have the answer. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26# 1995
Welly here -- here is right here.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jones, it's not With the bill. Who wbo flled the fiscal note?
Corrections filed
PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica filed a request, Senator Jones. Secretary, on page 2, Senate Bill 213.
Senate Bill 213. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No.
PRESEDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Mr. Secretary, Senate Bill 716, on page 4 of the Cakendar. Read the bill.
Senate Bill 716. (Secretary reads title of btll) 2nd Reading of the bill. No eommittee or Ploor amendments.
PRESIDING OFFICER: (SENATOR WEAVZR) 3rd Reading. On page 5 of ycur Calendar, we 'll go to the Order of Senate Bills on 3rd Reading . Yesterday We left off at 190. So, Senator Smithr do you wish to call Senate Bil1 1907 Read the bill, Mr. Secretary -- Madam Secretary. 18 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995
Senate Bill 190. (Secretary reads ti*le of bill) 3rd Readln: of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith, to explain the bill.
Thank you: Mr. President and Ladies and Gentlemen of the Senate. Senate Bill l90 - gosh - clarifies that breast-feeding of infants is not an act of public indecency under the Criminal under the Criminal Code. The proponents for this bill are the Illinols Planned Parent Ksic> Council, LaLeche League, the Illinois Caucus of <sic> (for) Adolescent Hea1th of Illincis, the Maternal and Child Care Coalition: the Illinois Primary Care Associationr the Illinois Public Hea1th Association, *he Illinois State Medical Society: and the Illinois Hcspital and Health Services Association. The Senate Bill 190 is I p roposed not because it is currently illegal to breast-feed in the public, but because despite the growing awareness of the advantages of breast-feeding, there are still stumbling blocks that affect a mother's decision to breast-feed or to continue to do so. So there is no 1aw in the country whlch prohlbits breast-feeding or tells a mother hcw long she can nurse. So the current 1aw pertaining to breast-feedinq is similar to -- in -- l90 amends criminal Statutes in order to make sure that breast-feeding mothers are protected from charges of indecent exposure, lewd behavior, or violation to crlminal law. Once more, this is not done because it is a crime to breast-feed in any sEate, lncludinq Illinols, but because many Statutes, lncludàng Illlnois: are vaque and could hypothetically apply to breast-feeding situations. Secondly, the purpose of Senate 190 is to change the public 's perception of breast-feeding, since many people in our soclety vlew breast-feedtng in publlc as an 19 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 obscene indecency. It passed out of the committee by 10 to nothingr and I ask your favorable support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? not, the question shall Senate Btll l90 pass. Those favor will vote Aye. Those opposed w1ll vote Nay. The voting is open. Have all voted who wish? Have al1 vobed who wish? Take the record. On that questionr the Ayes are 57, the Nays are none, none votin: Present. Senate Bill 190, having received *he constitutional majcrity, is declared passpd. Spnator Hasara, on 192? Read the bill: Madam Secretary.
senate Bill 192. (Secretary reads title of bill) 3rd Reading of the bill.
PRESTDING OFFICER: (SENATOR WEAVER) Senator Hasara.
Thank your president. Senate l92 came to me through the Coalttion of Citizens With Disabilitiesy but I have also had a little experience with this bill. This bill would allow a chief of police or a sheriff to appoint volunEeers Eo issue citaticns for violations of handicapped parking provisions. Actually, you can already do this in the State of Illinois. Several ccmmunities have been usin: volunteers very successfully. This bill, however, was requested because mandates some type of tratnlng and cbviously codlfles the whole idea into law. would be glad answer any questions and would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Jacobs.
Thank you, Mr. President: Ladies and Gentlemen of the Senate. 20 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 Senator, in committee, there was a few of us that even though we expressed a feeling that we were in favcr of what you Were trying to do, we also expressed a concern for llability. And 1et me palnt a picture to you, and you tell me who 's liable. person is parked in a handicapped zone where they don't belong. A volunteer walks up to the car and is putting on -- and is putting a ticket on that person's car. The persons says, ''What are doing putting a tieket on my car?'' ''Well have the right.'' ''We1l who are you?'' ''We1l a volunteer.'' The guy saysz ''Get away from my car.'' And they sayy ''No, I'm going to lssue you the tlcket.'' He hauls off and hits her, or whatever the case may be. They get in an altercation. Who's liable? Who carries the liability? Does it come back the police department? Who does go to when ycu're using a volunteer? And I know that we have passed a lot of legislation that exempts volunteers, but herefs a case where think you're putting volunteers into a very preearious position. We asked lf you would address that question as to liability, and to thls date, We have not heard anythlng.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.
I'd be glad to, Senator. Actually, it would depend on the community. I would venture a guess that every community Illinois used -- uses volunteers ln some capacity rigbt now . Some of them probably have no liability insurance on those volunteers. Most probably do. No one is mandating Ehat a communi*y use this. If a community wishes to insure its volunteers, then it may wish ko do so. If not, may not wish to do so . I can tell you tha: in the community of Elginp for exampler that already has this program - and that's, I think, why *he training becomes so important the volunteers are trained to simply leave the scene if someone comes up to the car. So if if I'm a volunkeer STATE CF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 under the Elgin program and I'm giving a ticket and the people come back to their carr I would take the ticket and walk away . So the liability issue would be up to any community that wanted to get into this program.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
Well, Senator, this bill I don't see any provision for training, number cne. But again, to get back my original question, if is up to the municipality to provide liability or not to provide liability and they choose not to provide liability and this volunteer gets in an altercation, and maybe the volunteer is not hurt, maybe the ether person is hurt, who is gotng to hold that liability? that liability going to be on volunteerr or is it going to be on the municipality? I think it'd be a much better bill if somewhere along the line you had put a hold harmless for volunteers ln here. Tf you wculd do that, then we Would have a elear delineation as to who would be liable in the case circumstances as I just described.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.
First of all, Senator, there is a training provlsion in the bill. It's -- paragraph letter (b)# line dces require some training . Secondly, have no intention of getting ln a batkle wlth the trial lawyers over exemptlons of llabiltty. Again, this issue is no different than hundreds of other issues ehat communities face each day, and each community can choose to solve its liability issue, in my opiniony in any way it -- it chccses to do so.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26: 1995
To the issue of traininq, here 's what it says: ''The chief of police or sheriff appointing volunteers under thls Section shall provide training to the volunteers before authorizin: them to issue parking violation noticesw'' That training could be hoW to fill out the ttcket and that's all.
PRESIDING OPFICER: (SENATOR WEAVER) Senator Hasara.
Senatory right now they are not required to train at all. So again, mean, this -- no cne is being forced to -- to get into program. not interested, as a Legislature, in spectfically spelling out every single thing that should be this training program . If this had not already been working successfully in -- in some parts of the State, I might be wanting to be more specific. It's worked very Well, for examplev in the State Oregon. This bill is fashioned after Oregon's bill, and I think it's a very good bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senatcr Jacobs.
Well, 1et me just point out that -- just one thing in closing. This ls probably going to f1y out anyway, and -- so I don 't want to beat lt to death. Butr you know, Illinois when you use volunteers, you have a very fine line whenever a municipality hires volunteers, and lf Ehose munlcipalities that are uslng volunteers are not offering some sort of compensatton, there can be a real problem not only from the standpoint of the liability: but there can be a real problem as far as the wage laws in the Stake of Illlnols are concerned. This blll just has some problems. I just thought we should make the the Body aware of And, Senator, With thaty thank you for your courtesy. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislaelve Day April 26e 1995
PRESIDING OFFICER: (SENATCR WEAVER) Senator Hasara, to close.
Wellr I think the issuefs has been well debated. In my opinion/ there are no problems with this b111. Certalnly the Coalition for Citizens with Disabilitles has researched what ather states have done. They have brought me the -- the -- the language for this bill. And again, it's Worked well already and I think it's a good idea to codify it into State law, and I would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill l92 pass. Those ln favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are the Nays are 3, voting Present. Senate Bill 192: havin: received the constitutional majorityr is declared passed. 253. Senator Maitland? Out of the record. 260. Senator Raica? Read the billr Madam Secretary.
Senate Bill 260. (iecretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica.
Thank you, Mr. President. Commlttee Amendment No . l lncreases the llcense fee for fifty dollars to a hundred dollars and the maxtmum disciplinary fine to five thousand dollars. It extends the grandfather clause from eighteen months to twenty-four months and allows a therapist to work under a direct supervision of a physician. It adds tWo hospital administrators to the Bcard. Committee Amendment No . 2 ls a result cf negotiations and 24 STAIE OF ILLIHOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 I compromises between the Illinois Hospital Association and the ! Respiratory Tberapists. It's an agreed amendment. It -- it 1 clarifles that the Act does nct prohibit a hospitak or nursin: home, long-term facility, home health agency, health system or network, or any other organization or lnstituticn that provides health or illness care from provtdtng resplratory care through competent practitioners. Those that were opposed are not. I'd like to thank the Hospital Association and the Respiratory Therapists and staff on both sides for getting this amendment, and I just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discusskon? If not, the question isr shall Senate Bill 260 pass. Those in favor will vote Aye. Oppcsed, Nay. The voting is open. Have all vcted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 56, the Nays ncne, 1 -- none voting Present. Senate Bill 260: having recelved the constitutlonal majority, is declared passed. 265. Senator Garcia? Read the bill, Madam Secretary.
Senate Bill 265. (Secretary reads titleofbill) j 3rdReadingofthebill. 1
PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia . SENATOR GARCIA; Thank you, Mr. President. Senate B(ll 265 essentially seeks to bring greater accountability to the Chlcago Public Building Commission by requiring the Commission to give two repcrts every year to the General Assenbly, the Chicago Board of Education, and each local school council in the City of Chicago that has a pendingproject with the Commission related toconstruction of new 1 facilities, rencvatioa or rehabilitation ofa schocl building. j 25 l : STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 38th Legislative Day April 26, 1995 : ThisbillcameoutoftheEducationCommitteewithno opposition, 1 and I would urge a favorable vote. PRESIDING OFFICER: (SENATOR WEAVER) Is there dkscussion? If not, the questlon is, shall Senate Bill 265 pass. Those in favor wflk vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 58, the Nays are none, none voting Present. Senate Bill 265, having received the constitutional majority, is declared passed. 276. Senator Mahar. Read the bill, Madam Secretary. ACTING SECRETARV HAWKER : Senate Bill 276. (Secretary reads tttle of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar. SENATOR MAHAR: Thank you, Mr. President and Members. This is the Alternative Ksic> Alternate Fuels Act. Beginning in the year 1998: Illlnois businesses that operate ten or more vehlcles ln non-attainment areas are required by federak mandate to purchase vehtclgs burning al*ernatlve fuels. They must have thirty-percent conversion by '98 and seventy-percent by the year 2000. The -- and in the event that they do not do this, they are not successful in reaching the goal, then the -- it will not be the businesses - the prlvate sector - but, rather, the Stake of Illinols whlch shall be held accountable. And our Road Fund money, seven hundred and fifty milltcn dollars, will be jeopardized. This bikl has had some controversy in the past, when it was debated on this Floor tuo years agc. I think we've removed that controversy. Prior versions had a thirty-million-dollar -- forty-million-dollar elther revenue bond program or general cbligation bond program to 26 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 26, 1995 support this inltiatlve; however, that has been removed . There is no bonding whatsoever in the bill. There is no endangerment of the Road Fund. There is no GRF money. There's no tax credits. There ' is no State partkcipatlon whatsoever. The program shall be funded I I by a twenty-dollar fee on the fleet vehicles in the northern -- Northeast lllinois non-attainment area, and the EPA shall collect these fees. The Farm Bureaur the farm community ls in strong support because twenty pereent of the money raised, whlch we anticipate to be twenty mtllion dollars over four years, will be used for ethanol research. Only the dollars generated will be spent. 1'11 be happy to answer any questions, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Rauschenberger.
Thank you: Mr. President and Ladies and Gentlemen of the Senate. I just want to rise in enthusiastic support of Senate Bill 276. The sponsor, staff and the proponents have done a -- a tremendous amount of work in rationalizing this bill and putting it in the form where I think it's very good public policy, and I would just urge a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? If not, the questicn is, shall Senate Bill 276 pass. Those in favor Wil1 voke Aye. Opposed, Nay. The voting is open. Have al1 voted who wlsh? Have all voted who wish? Take the record. On that question, the Ayes are 53, the Nays are 1, 1 vc*ing Present. Senate Bill 276, havlng received the constitutional majority, is declared passed. Senate Bill 304, Madam Secretary. ACTING SECRETARY HAWKER: I i Senate Bill 304 I . I (secretary reads title of bill) I I 3rd Reading of the bkll. i I 27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995
PRESIDING OFFICER: (SENATOR WEAVER) Senator Barkhausen.
Mr. President and Members, thank you. This a administration bill that comes to us from the Commissioner of Savings and Residential Financez makes a number of technical changes in the existing Act. It passed cut of our Financial Institutions Committee on an attendance roll call. I doubt there'll be any questions about and I would ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If nat, the question is, shall Senate Bill 304 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 53, the Nays are none, l voting Present. Senate Bill 304, having received the constitutlonal majorlty, ls declared passed. Senate Bill 317. Senator Cronin. Read the bill, Madam Secretary.
Senate Bill 317. (Secretary reads title of bill) 3rd Reading cf the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.
Thank your Mr. President; Ladles and GenElemen of *he Senate. Senate Bill 3l7 ts a bill *ha: originally started in response tc a complain: from a constituent. -- it quickly became apparent to me that this was a problem throughout the entire County of Dupage and -- and across the State of Illinois. This bill amends the Consumer Fraud and Deceptive Practices <sicl Act. requires that the plaintiff ln such an action mail a copy of the complaint 28 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 to the Attorney General when the action is filed and mail a copy of the judgment tc the Attorney General after the entry of judgment. I should point out that the Attorney General is neutral on this bill. This also allows the court to award actual economic damages. Furthermorey punitive damages against a new or used vehicle dealer are prohibited under this Act unless the conduct engaged ln was wlllful or intenkional. Also, as some of you may know, under current law' proof of -- proof of a public injury, a pattern or an effect on consumers generally shall not be required to state a cause of action under this Section. This -- the amendment that We considered tn committee requires proof of a public injury, a pattern or an effect on consumers, and the public interest generally shall be required to state a cause of action against a new vehicle dealer or used vehicle dealer. ask for your favorable consideration.
PRESIDING OPFICER: (SENATOR WEAVER) Is there dlscussion? Senator Palmer.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield.
Senator Cronin, I'm not sure why we are locking at this bill. don't understand. According to my analysis, locks as this a kind of anti-lemon law that now allows for -- allows dealers not to be responslble for cars thaE they sell to *he public uhich are rebuilt or otherwlse rehabbed, unless - and please correct me if I'm wrong - unless there is a pattern or an effect on consumers and the public interest qenerally and Whether can be proved that Ehere was wlllful or lnEenktonal -- evil motive for reckless indifference. It seems to me that that's putting the consumer in a very difficult positlon to prove such. NcW is -- am I reading 29 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprtl 1995 this correctly?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronln.
Yes. In response, Senator Falmer, the consumer still has all causes of action under warranty law, contract law, fraud law. What we're attempting to address is a problem that, as I said, came my attentionr whereby an aggressive group of plaintiffs' attorneys would churn cases seeking -- and thelr -- their intent is questionable. The Car Dealers felt that the -- the goal was to to seize attorneys' fees, and there wasn't a good-fatth basts for the claim . And sc claims that would be minimal in nature, there was never a good-faith effort to negotiate ar to try to wcrk out problems. The lawyers would persist and ring up fees, and as you know, those fees are guaranteed under the Consumer Fraud Act. So we -- we 've worked on this very diligently with the Attorney General's Office, with the Trial Lawyers, with -- with vartous groupsr and we've tried to eraft something that addresses the problem and, yet, does not harm consumers. PRESIDING OFFICERJ (SENATOR WEAVER) Senator Palmer.
Thank you. To the bill: I'm not sure Who supposed to define what a minimal lawsui: or whatever - action but would like to draw the attentlon of the Members on thls side of the aisle to the opponents to this bill. Ik's like a laundry list of consumer grcups, including Senior Citizens, Legal Aid, Consumer Justice Council and so forth. I would suggest that we vote No on thls bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter.
30 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 26, 1995 Thank you very much, Mr. Prestdent. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indlcates he would.
Yes. Senator Cronin, is there a filing provislon in this bill?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.
A Written filing provision?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.
Under I'm not sure. Under current law, the reeiprocal offer and demand of settlement provisions for both parties are allowed at any time more than thirty days before the commencement of a trlal. This bill requires that the plaintiff serve a written nctice of the nature of the alleged violation against a new or used car dealer at least thirky days before filing the action.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter.
Okay. Why do we have that provision in here? Doesn't that seem very. sort of onerous on the -- on the part of the plalntiff?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.
For *he exact reasons thak I stated earlier, there would be an issue that Would come to the attention of an aggressive plaintiff lawyer of -- of maybe nominal, nominal amounts of money sometimes in the -- in the -- in -- less than a hundred dollars - that could be worked out before the case is filed and ik's gone to trial. Could be Worked out for less than the cost of the filing 31 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 fee, but the motlvation of the the attorney may be otherwlse because -- because of the quarantee for attorneys' fees under the Consumer Fraud Act. We just wanted to give the parties -- it's kind almost like mandatory arbitration. Give them an opportunity to sit down and maybe work lt ou* before it goes into the court system.
PRESIDING OFFICER: (SENATOR WEAVER) WBBM has asked permission film. Is there leave? Leave granted. Senator Trotter.
Thank you very much, Mr. President. Just to the bill: Senator Palmer, guess, -- hit basically on the head. This -- this bill very onerous one for the consumer and we just believe that is not *he thing that we should be doing at this pclnt in time. We have -- in this legislative Session: have done a lot of things for business. think it's time that we should be looking at the consumer, and this bill certainly is not one for the consumer qroups and for the individual. And I ask for a No vote.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard.
Thank you; Mr. President, Ladies and Gentlemen of the Senate. This is an excellent bill, and I commend Senator Cronin for coming forward and trylng to protect consumers. Under this Act, nany, many lawyers - and there are two or three ln partlcular in the Chicagoland area make an incredible amount of money over, frankly, nothing, over the smallest, minutest - and it should be worked out among people - detail of auto dealerships. Feople come forward and they offer up -- because they get their attorneys ' fees paid by the losing party, they come rcrward and they they have their fees paid and they drag out litigation on and on and STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 26, 1995 on, especially in the suburbs and and metropolitan Chieago. And what that does is drives up the cost of purchasing an automobile or having your automobile worked on a11 throughout Illinois. So, think the only consumers that arq really concerned about this bill are the feW lawyers who make a killing off of auto dealerships in this type of activity. And everybldy's cost of purchasing an automobile or having your automobile worked on at a dealership is reduced by thls bill. And belleve Senator Cronin has spent long hours working on this to make it palatable and this is a prc-consumer bill. I think it 's an excellent bill, and it deserves our support.
PRESIDING OFFICER: (SENATOR WEAVER) Any further dtscussion? not, Senator Cronin, to close.
Thank you, Kirk. I ask for your favorable conslderation.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill pass. Those in favor u1ll vote Aye. Opposed will vcte Nay. Voting is open. Have voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 41, the Nays are l4. Senate Bill 317: having received the eonstitutional majority, is declared passed. 320. Senator Butler? Read the bill, Madam Secretary.
Senate Bill 320. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.
Thank you, Mr. president. Ladies and Gentlemen, this bill was an effort by Senator Garcia and myself and was brought to us by at *he request of the Illinois Association of Rehabilitation STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Facilities. The problem was that where there was a case of abuse or neglect under the Nursin: Home Care Act or the Mental Health I and Development <sic> Disabilities Code, or under the -- the I policy required under the Drug-Free Workplace Act, wqre -- in the cases where there were abuse or neglect, it -- it should constttute misconducty and -- under -- under our Unemployment Insurance Act, and benefits were being paid. What this bill does is to say that where there is such a violation, the benefits would be denled. So in eases of abuse or neglect, the benefits would be denied.
PRESIDING OFFICER: (SENATOR WEAVER) Is there -- is there discusgion? Senator Garcla .
Thank you, Mr. Presldent. I rise in support of this billr ln spite of the fact that it is not part of the agreed bll1 process and it does amend the Unemployment Insurance Act, because I think that lf indivlduals, employees, have inflicted abuse or neglect on nursing home residents, that they ought to be held accountable, at least by belng denied these benefits. And I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Thank you, Mr. President. Will the sponsor yield for question?
PRESIDING OPFICER: (SENATOR WEAVER) He indicates he Would.
Senator, can you explain the procedure to me and the burden of prcofonhowthesedeterminationswillbemadethattherehasbeen this kind of abuse? In other wcrds, does this require a finding 1 in the 01 case itself? Does it require that there be a criminal 1 34 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 26, 1995 prosecution alleginq criminal abuse of -- of a disabled person or... I assume we're not gcing to deny beneftts simply because there's been an allegation, unless there's an oppcrtunlty to be heard.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.
That is correct. They -- lt has to follow the hearing .
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? If not, the question isr shall Senate 3ill 320 pass. Those in favor will vote Aye. Opposedr Nay. The voeing ts open. Have all voted who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 57y the Nays are none, none voting Present. Senate Bill 320: having received the constitutional majority, is declared passed. Senator Watson, on 323. Madam Secretary.
Senate Bill 323. (Secretary reads title of bill) 3rd Reading of the btll.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
ïes, thank you, Mr. President. This particukar piece of legislatton amends the Horse Raclng Act, and it provides that Organized licensees nayr buE not necessarily, request investigative services during a11 horse race meetings. This provkdes that the State Poltce shall bill each orqanization licensee for the actual expenses of providing the investigative servicesy rather than basing the bill on each orçanization's licensee pro rata share of the Department's expense. What we're - - What this will do 1s, the current law requtres that each track 35 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 26: 1995 I request investigative servtces from the Department of state : 1 Police. With this legislationr it would actually free up some -- some State Police for other work. And I know of no opposition and Would be glad tc answer any questions; otherwlse, I appreciate your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Demuzio.
Just a question of the sponsor. This is -- this is permissive. It's not mandatory . Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
That is correct.
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? If not, the question is, shall Senate Bill 323 pass. Thcse in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 56, the Nays are 2, none voting Present. Senate Bll1 323, havlng received the constituticnal majorityy is declared passed. 324. Senator Madigan. Read the bill, Madam Secretary.
Senate Bill 324. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVERJ Senator Madigan.
Thank you, Mr. President, Members of the Senate. Senate Bill 324 extends the sunset date of the Race Track Improvement Fund from January lst of 1996 to January lst, 2000. I'd be glad to 36 . ( ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 answer any questlons. There is no opposition. Would otherwise ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) there any discussion? Senator Demgzio.
Is this the vehicle blll for the task force?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madlgan.
It's a possible buggy.
PRESIDING OFFICER: (SENATOR WEAVER) A buggy. Any further questions? If not, the question is# shall Senate Bill 324 pass. Those in favor will vote Aye. Opposed, Nay. The votin: is open. Have a1l voted who wish? Have all voted who wish? Take the record . On that question, the Ayes are 56, the Nays are none: none voting Present. Senate Bill 324, having received a constitutional vote: is declared passed. 331. Madam Secretary.
Senate Bill 331. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.
Thank you, Mr. President. Senate Bill 33l is identical to a bill that sailed out of this Body last year and got held up in the House. It's at the request of the Illinois Prlmary Health Care Association and it simply codifies current federal laW regarding Medicatd reimbursement to FQHCS, Which are federally qualifled health centers. There Was an amendment put on that makes sure that if the feds cut out the fundingy the State is not required to 37 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 pick it up. So I would ask for a favorable roll call. i ' PRESIDING OFFICER: (SENATOR WEAVER) I Is there any discussion? Senator Smith. SENATOR SMITH: . Thank you, Mr. President: Ladies and Gentlemen of the Senate. I merely wish to reinstate what our speaker has just stated - the sponsor of this bill; that I think it's a good bill, and it is worthy/ and T ask that you support it with your vote. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Any further discussion? Senator Hasara, to close.
Just ask for a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) The question isr shall Senate Bill 33l pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 57 Ayes, no Naysr none voting Present. Senate Bill 331, having received the required constitutional majority, is declared passed. Senator Watson, on Senate Bill... Senatcr Molaro: on Senate Bill 332. Read the billz Madam Secretary .
Senate Bill 332. (Secretary reads title of bill) 3rd Reading of Ehe bill.
PRESIDING OFFTCER: (SENATOR DONAHUE) Senator Molaro.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Currently in the habitual juvenile offender Act -- and to become a habitual juvenile offender, it has to be your third 38 . ) ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26# 1995 offense - basically, the three strikes and you dre out. Well, a juvenile uill be placed in custody until the age of twenty-one, with no possibility of parole. However, in the Act stated now, he is given day-for-day good time, peaning so if a sixteen-year-old, it's his thlrd strike, he 's out, we 're sending him to the detention center till he's twenty-one, he can conceivable get out till he's eighteen. This takes that out and gives the Department of Coriections -- allowable to give ninety days good service credit to be applied towards his sentence. So it wouldn't be an automatic three years off your sentence. They know that if they're three strikes you're out, you're going to -- you're going to the detention center, and you 're going to stay there till youdre twenty-one. This is just part of the Molaro conservative anticrime package, so I wanted you to be aware of that.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 332 pass. Those in favor will vote Aye. Opposed, Nay. The votlng is open. Have a11 voted who wish? Have all voted Who Wish? Have a1l voted Who wish? Take the record . On that question, there are 55 Ayes, no Naysr none voting Present. Senate Bill 332, having received the required constitutional majority, is declared passed. Senator Jones, on Senate Blll 344. Read tbe bill, Madam Secretary.
Senate Bill 344. (fecrêtary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones.
Thank you, Madam President. Senate Bill 344 amends the Criminal Code as it relate to wltness compensatton, and what it 39 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 does is prohibit a person who may be a witness in a criminal prosecution from selling his tes*imony for a fee until the -- *il1 the defendant is tried by a court without a jury or the declsion rendered by a jury he's to be tried by a jury. And the whole thrust behind this is to keep the integrity our criminal justice system and those persons who will be witnesses, for them not to go out there and make dollars off it -- off selling their testimony prior to their appearing in court as a witness. That's the dces. PRESIDING OFFICER; (SENATOR DONAHUE) Is there any discussion? Senator Hawkinson.
Thank you, Madam President. Will the sponsor yleld for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yleld, Senator Hawkinson.
Senator Jones, the -- the amendment quite properly exempted ordinary witness fees and mlleage statements. A question that occurred to me is, assume that this would not prnhibit a witness from recovering a reward which has been offered by 1aw enforcenent or Crimestoppers or somethin: of like. just want your assurance that this would not prohibtt the collection of a reward.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones.
That's correct. 1* would not prohibit that.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Further discussion? Seeing none, the question isr shall Senate Bill 344 pass. Those in favor wtll vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have al1 voted who wish? 40 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslatlve Day April 26, 1995 Take the record. 0n that questlcn, there are 58 Ayes, no Nays, I none voting Present. Senate Bill 344, havlng received the required constitutional majority, is declared passed. Senator ! Madlgan, on Senate Bill 346. Yes. Read the bill, Madam Secretary.
Senate Bill 346...
PRESIDING OFFICER: (SENATOR DONAHUE) Excuse mey Madam Secretary. Out cf the record. Senate Bill 349. Read the blll, Madam Secretary. ACTING SECRETARY HAWKER: . Senate Bill 349. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR DONAHUE) Senator Madigan.
Thank ycu, Madam President, Members of the Senate. Senate Bill 349 transfers the responsibilities of the ltcensing and administering of real estate agents and brokers to the Commissloner of Savings and Residentlal Finance. I think everything has been worked ou* on that transfer. 1.11 be glad to answer any questions on Senate Bill 349 and would otherwlse ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusslon? genator Hawkinson.
Wi11 the sponsor yield for a question? PRESIDING OFFICER: (SEHATOR DONAHUE) I Indicates he'll yield, Senator Hawkinson.
Senator, just simple: Why do we -- vhy are we doing this? i 41 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.
Well, basically, lt seems to simplify the process and makes more practlcality, as far as the real estate people are always dealing with the Commissioner the financial institutioas and the Commissioner of Savings and Loans <sic> anyway. So as far as the Department of Professional Regulation, it removes them from the process and streamlines the processy as far as the contacts that are necessary between the State of Illinois and the Realtors.
PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Further discussion? Seeing none, the question shall Senate Bill 349 pass. Those favor will vote Aye. Opposedr Nay. The voting is open. Have all voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Senate Bill 349, having recelved the required constitutlonal majorityr ls declared passed. Senator Parker, for what purpose do you rise?
Thank you, Madam Chairman. I missed the vote on 332. I would like to be recorded as being favorable on that bill. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) The record will so reflect. Senatcr Barkhausenr do you wish to have Senate Bill 354 returned to the Order of 2nd Reading for the purposes of an amendment? Senator Barkhausen?
believe, Madam President, both on and that amendments have been ftled, but I'm not sure theylve yet gone to the Rules Committee.
PRESIDING OFFICER: (SENATOR DONAHUE) A11 right. So then we have to wait on those. Thank you. 42 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26r 1995 Senator Barkhausen, on 356? Read the bill, Madam ... Just a second. Senator Severnsr for what purpose do you seek recognltion?
Thank your Madam President. my privilege to introduce today the elghth grade from Meridian Middle Schcolr who's joining us in the President's Gallery. I would like the Senate join in welcomin: them to the Senate.
PRESIDING OFFICER: (SENATOR DONAHUE) Will aur guests please rise and be recognized. Senator Barkhausen, on Senate Bill 356. Read the billr Madam Secretary.
Senate (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Barkhausen.
Thank your Madam President and Members. Senate Bill 356 is a complex but not controversial subject. It makes changes to Articles 8 and 9 of the Uniform Commercial Code. It's a recommendation of the National Conference of Commissioners on Uniform State Laws: and also is endorsed by b0th the bankers' organizations: the Illinois Bankers Association and the flllnois Community Bankers Association. It deals with the subject of how securities are held and what the rlghts and responsibilities of the various parties havinq an interest in securities are. And passed unanimously our Financlal Instttutions Committee, and I urge your support.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 356 pass. Those in favor will vote 43 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26r 1995 ! I Aye. Opposed, Nay. The voting is open. Have all voted who wish? ! 1 Have al1 voted who Wish? Have al1 voted Who wish? Take the record . On that question: there are 57 Ayes, no Nays, ncne voting Present. Senate Bill 356: having received the required ' ( constitutional majority, ls declared passed. Senator Barkhausen, on Senate Bill 357. Read the blll, Madam Secretary.
Senate Blll 357. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen.
Tbank you, Madam President. Senate 8111 357 is a recommendation from our county board up in Lake County that I believe other counties support. Llke other pieces of leglslation that have been before us this Session and other Sessions, it attempts to require that criminal defendants who can afford the cost of an interpreter contribute, if they are abler to the cost of an interpreter. The bill was amended since it was tntroduced to answer some of the questions and objections that were raksed, and I'd be glad to answer any questions that still rematn.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Madam Presldent. I rise in strong opposition to thls bill. I think, if this bill is approvedr weîre setting a precedent here, and I'm not sure that that's the type af precedent that -- that we Want to set. By forcing an individual to pay for a service that ls currently available and has been avallable and the law -- the State 1aw does require that interpreters be provided, we are then saytng that some lndividuals are going to be 44 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 incurring a cost that others aren't. We're looking at unequal treatment here. What we're saying is, lf an individual has certain amount of dollars available to be able to pay attorneys' fees, no/ that indlvidual is going to have to pull away those dollars tbat are needed for his or her defense and now have to pay an additional fee, or a fee that others don't have to pay, for the interpreting services. Are we going to then do the same thing with State agencies? Are we going to do the same thin: in DCFS with some of the cases where ùnterpreters are needed? Are we gcing to do the same thing with Mental Hea1th, State Board of Education? I think that this is a very dangerous precedent, and I -- and I ask our Members to please look at this as a -- as a fairness bill and also look at the danger of setting the precedent here. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Molaro . END OF TAPE TAPE 2 SENATOR MOLARO: Thank you, Madam President. You know, I don't know the origlnation of this. I know the esteemed colleague on my right - no pun intended - said this came from the State's Attorney's Office or the Clerk of the Circuit Court. I don 't kncw how much money we're going to save with thls. As you well know, we have to have an interpreter there anyway in any court proceeding if someone doesn't speak the language. Ninety-five percent of the time welre talking about Spanish. So what we 're qoins to have is, 45 . y . ' ' g STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 we're goin: to have a -- what is tantamount to a hearing to decide whether or not this defendant has the abillty to pay. If he cannot pay, then, of ccurse, he -- he doesn't have to. So I dongt know we're going to -- where we get the interpreter to do the hearing. We're going to have to have someone the building anyway. So noW he's going to have to come dcwn and we're going to have to interpret for him to decide whether or not he has the ability to pay. Now, let's assume some judge says, f$We11, youdre making five, six dcllars an hour, seven dollars an hour. This is America. You should be able to speak the language. We're goin: to make you pay for your own.'' And the interpreter is telling him this; that he 's going to have to pay to keep using the interpreter. Now this person, who hardly speaks English, may say, ''Wait a second. I don't even know what the heck I'm charged with. I don't have this money. My family's hardly eating.'' And he tells the interpreterr ''You know what? I don't want to pay for you.'' Now what do we do? We have someone there who does -- can the -- the judge said he should pay. He doesn't want to pay. How are we going to have the trial? don't understand what in the State of Illinois we're trying correct by this legislation. The other part of it which -- which makes it seem a little -- a little strange is that let's assume we force this man to pay: we have the trial or the hearing, whatever may be: and the man ls found not guilty. Or the interpreter goes to him, explains to him what the charge is. He pleads not guilty. The judge says, 'Okay. You have to pay your interpreter.d' The complaining witness never comes to court. The charges are dropped, or he's found not guilty. Here is a man who 's innocent, whose charges Were dropped: and yet he's going to have to pay for his interpreter. Thîs lsn't a right to counsel; scmethin: that you can or cannot do. You need an interpreter because you musE understand what you're being charged With. You must understand 46 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 what's going on. You can say, don 't want a lawyer.'' That's something you can choose or not choose. You cannot decide to say, ''Yeah. going to come to courtr and I could care less vnderstand what's going on.'' A person who daesn't understand the language must have an interpreter. And to actually have innocent people being charged to use an interpreter, think, is ill-founded. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Garcia.
Thank you, Madam President. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) He indtcates he 'll yield, Senator Garcia.
Thank you. Senator Barkhausen, does this bill affect the use of sign interpreters -- sign language interpreters the courtroom?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen.
Nor dcesn't, Senator, because it was requested that there be an -- an amendment, which was adopted, to remove such interpreters from the application of this legislation.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Garcia .
Can you explain the logic of removing sign language interpreters, when, fact, they are interpreters and they carry out the same function as an interpreter Who interprets a foreign lanquase?
PRESIDING OPFICER: (SENATOR MAITLAND) 47 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 Senator Barkhausen.
It Was suggested that -- that, again, this excepticn be made for those who Were suffering from a physical disabllityr and so we we made that exception for for those with hearin: impairments.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcia.
So welre being sensitive to one class of people and insensitive, suppose, to another elass. But 1et me move on to another question. Senator Barkhausen, are you familiar with the current state of quality of interpreters utilized in the various county court systems? And would you...
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.
No. I've never worked Ehe system. Sor no, really not familiar.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcia.
So that you 're not familiar with the state of that. think that very important that the General Assembly become informed of the state of that before trying ta enact a law that, in fact, discriminate against people who dcn't master the Engllsh languase. think that we need to be lookin: at possibly establishing criteria for certification of interpreters, particularly if We are envisionln: charglng for that servlce. We should guarantee that people have a minimal level of competence Who are going to be functioning in our county courts throughout this land. But to the bill: I'd like to say that we currently 48 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 don't charge defendants for the use of court reporters in trials, or in proceedlngs before a court. We dcn't charge people for the use of a courtroom , because we think it's importanE to guarantee due process. think the same argument can be made for interpreters. think that the -- this bill Will eneourage people who are of limited English proficiency to plead guilty even though they may not be guilty, because they don't want to pay, because they are afrald, because this 1aw singles them out. think that also encouraçes individuals to bring incompetent interpreters who may have the best intenttons: who can be a neighbor, a friend, a cousin, an aunt, et cetera, into the courtroom: thereby jeopardizinq this indlvidual in his or her criminal record of the future. think the bottom line on this bill with all due respect, Mr. Sponsor is Ehat the punishes defendants whc cannot speak English. The undertone of the bill is to make those individuals who do not master the English lanquage to feel inferior and that's why I would urge a No vote.
PRESIDING OFFICER: (SENATOR MAITLAND) Further dlscussion? Senator Collins.
Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR MAITLAND) Indtcates that he would yield, Senator.
Senatorr do you -- you leave the -- the establishment of the fee up to the individual countles?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.
So there's no real uniformity with the...
I believe that it's a reasonable fee that îs set by the court 49 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38*: Legislative Day April 26# 1995 the court system .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Colllns.
My -- my -- my real concern, among cthers, but -- the primary concern with this bill: What happens to that person who goes in, first of all: can't speak Engltsh, don't understand English and who is not guilty of a erimey you know, and who is not willing to pay for an interpreter? What happens to that particular person?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.
The -- the interpreter is automatically appcinted, and only after the disposition of the matter would there be a determination of the defendant's ability or lack of ability to pay for the interpreter.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins.
So -- so, as Senator Garcia was saying, you don't have an option to take in your own interpreter. Do you have that option?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.
They -- khey would have the same op*lon Ehat Ehey have Eoday.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins.
Senator, that seemed to be a -- contradictory. You said Ehat the court make will appoint the interpreter. I'm trying to find out is automatic, mandatory, or can you take your own 50 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26: 1995 interpreter in as you so desire? PRESIDING OFFICER) (SENATOR MAITLAND) Senator Barkhausen.
I -- I donft know of anything that prevents them frcm bringing in their own interpreter, and of course, if they do that, they Wouldn't need the -- to have the court appoint the one who is serving the court system.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins.
Wellr think thls is a really bad precedent that we are setting here. ts discriminatory, because it targets and it set out a special class of people. And it most certainly does not lend itself towards uniformity because the assessment of fees will be determined by the various countles. And just a bad preeedent that we're setting here, and I -- I'm opposed to the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Palmer.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFPICER: (SENATOR MAITLAND) Indicates he wtll yield, Senator Palmer.
Senator Barkhausen, Senator Molaro raised an lnteresting question, and I want to pursue it. According to this bill, it looks as there will be two heartngs in the court process: ane to determine what the defendant is being charged with, and then at some point: either before or after that, a hearing to determine the capacity of the defendant to pay for an interpreter. Is that correct? 51 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legtslative Day April 1995
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.
Well, there would have to be -- there would have to be an early determination - there ts today have to be an early determination as to whether somebody needs and interpreter. And then if they need an interpreter, use an interpreter, then, as I say, after the dîsposition the case, only then would there be a determinatlon of the defendant's capaelty cr lack of capacity to - - to pay al1 or a portion of that cost.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Palmer.
But that determination is, in effect, a hearing at some pcint. Is that correct?
PRESIDING OFFICER: (EENATOR MAJTLAND) Senator Barkhausen.
That Would be the -- *he case today wlth the question of Who pays for appointed counsel.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Palmer.
To the bill: I object to this btll very strongly, and for all of the reasons that have been stated before, but I'd like to just add a few Eo khls. 1* seems to me Ehat no* Eoo long ago in this very Body we supported, once againz the need to have in hospitals signs saying that interpreters would be provided for people so that they could understand what their health care what the *he problems they were having wiEh health and so forth. So it seems to me that if we think that's important in a hospttal, that it should be the same in a court. And I would like Eo poinE ou* STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 that it's very interesting that the that sign language interpreters for the hearing impalred are not subject the provësions of this bill. It -- and I certainly support them not belnq part of thlsr but says something else, as well that there is an organized lobby that objected to this; whereas, the people that we are targeting in this bill obviously have not had a a lobby strong enough or a voice strong enough to object the provisions of this bill. I thlnk it's grossly unfair. And finally, I'd like to suggest to you, as we we keep talking about globalization, and I would suggest to you that you take a look around the world and consider how many Americans outside this country are now in situatkons where they cannot speak the language of the courts that are ruling on them and whetherr in effect, you would like this to be reversed and put -- put people Who speak English -- people who don't speak Engllsh ln this sttuation. think this is a very bad thing to start, and I think will cabch up with us later on should we pursue this path.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslon? Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate/ understand that the current 1aw requires the court to appoint an interpreter for the criminally accused when necessary for a fair trial. And I thlnk in order to have a fair trial where people cannot speak the language, the court should appoint an interpreter. I don't think that we should charge accused, because the main reason for havinç an interpreter is to get a fair trial to see what evidence can come out. And I think Senatar Molaro stated it very succinctlyr and I agree with him . I dcn't think this is such a good blll, even if my county asked for because the most important thing is for the accused to get a fair trial. he 's accused and he's convicted, Want the convietion 53 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 26, 1995 to stand, and thereforer I speak against the bill.
PRESJDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Welch.
A question the sponsor.
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yieldr Senator Weleh.
Senator Barkhausen, I'm unclear on the issue. If the defendant found not guilty, there any charge to him for the interpreter?
PRESIDING OFPICER: (SENATOR MAITLAND) Senator Barkhausen.
Yesr there could be, just as there could be today with appointed counsel having served for a defendant who is found not guilty.
PRESIDING OFFICER: (SENATOR MAITLAND) Senatcr Welch.
Senator Barkhausen, yesterday we passed a blll that said that al1 costs could be tctaled up and the defendant, even if he Was in prisony he could be pursued for a perlod of I believe was five yearsy for those costs. Wouldnlt the cost of the interpreter be included in that bill, and wouldn't that pretty much take care of your problem here?
PRESIDING OFPICER: (SENATOR MAITLAND) Senator Barkhausen.
Staff tells me that the we dealt with yesterday: dealt only with the -- the question of cost of incarceration and nothing else. 54 STATE OF ILLINOIS 89TH GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 38th Leqlslative Day April 1995
PRESIDING OPFICER: (SENATOR MAITLAND) Further diseussion? Senator Dudyez.
Thank you, Mr. President. I guess I'm a little confused. I came in and apologize, I was on the phone - came in a little bit late on the discussion, but I'm a ltttle confused on a the spcnsor's answers to some of the questlons. Senator Barkhausen, for example, if -- understand that someone -- seeking services of -- of the courts: or the county, and they are - - are unable to communicate in the English language, they could be required to to provide their own interpreter, or if they need interpreters, they -- they would be assessed a fee for this interprettng services. But my question - and correct me if wrong - my question is; If -- lf someone is walking down the street and he is arrested by a police officer and he cannct speak the English language, and he is taken to the -- through the judiclal systemr he is processed, and whether he is found guilty or not does noe matter, he can stlll be required to pay for the interprgter's fees that were required durîng his incarceration and going through the courts?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.
Yes. That's correcty Senator Dudyez. But I -- I hasten to add, again, and draw the parallel with the existin: practice dealing with appolnttve counsel. Those who are charged today and who -- who have Ehe capaciEy to pay for lawyers, even though innocent or ultimately found innocent, pay for their own counsel, and so this is just extending that same principal to the question of interpreters.
PRESIDING OFFICER: (SENATOR MAITLAND) Genator Dudycz. 55 STATE OF ILLINOIS 892E GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day Aprtl 26, 1995
Well, think it's think it's a bad thing youdre trying to do here, because someone -- even someone found innocent of any crimer you are penalizing him because he may be a hardworking father of some chlldren, he may be havlng some assets, he -- and even though he has been arrested and prosecuted and found innocent of any crime, he is being required to pay for his defense of something that he didn't do. So join with the opponents on this particular bill, and I would urge that everybody defeat it.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Tom Dunn.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he yield, Senator Dunn. Senator Barkhausen.
As I indicated at the outset of this debate, was asked to handle thls bill by my county. If if it happens that my legislative leadership from my own county doesn't even support the billr I would ask that the bill be taken out of the record.
PRESIDING OFFICER: (SENATOR MAITLAND) Out of the record. Senate Bill 358. Senator Fawell. Senator Fawell on the Floor? Senator Fawell on the Floor? Yes. Read the bill, Mr. Secretary.
Senate Bill 358. (Secretary reads tltle of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell.
56 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Thank you very nuch. This is a bill that has been worked on and I think everybody is in agreement now. It says that nursing heme administrators' licenses may be granted for a one-year period, and durlng that one-year period, the temporary license holder ls required to take at least one of the scheduled exams for a nursing hcme administrator's license. There are eight tests that are offered during each year. If, during that year, they cannot pass any those eight tests, then they not get their nursing home administrator's llcense.
PRESIDING OFFICER: (SENATOR MAITLAND) k Is there discusslon? Is there discussion? The question i.s, shall Senate Bill 358 pass. Those in favor will vote Aye. Oppcsed, Nay . The voting is open. Have all voted who Wish? Have all voted who wish? Have a1l voted Who wish? Take the reeord, Mr. Secretary. On that question, there are 53 Ayesr no Nays: no Members voting Present. Senate Bill 358, havlnç received the required constitutional majority, is declared passed. Senate Bill 359. Senator Fawell. Senate Bill 361. Senator Fawell. Genate Bill 368. Senator DeAngelis. Senator Watson seeks leave to return to Senate Bill 377 later. Senate Bill 393. Senator Peterson. Senate Bill 398. Senator Madigan. 399. Senator Barkhausen. Senator Barkhausen: on Senate Bill 3997 ... lmicrophone cutoffl...billy Mr. Secretary.
Senate Bill 399. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.
Mr. President and Membersr Senate Bill 399 is a request from the Illinois Propane Gas Assockation and is also supported by STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Growmark. It increases fines for violation of the Liquefied Petroleum Gas Container <sic> Act, and it provides an exempticn for very small containers of propane so that it really only has a commercial application. passed the Senate Environment Committee unanimously. know of no opposition and would ask your support.
PRESIDING OFFICER: (SENATOR MAITLAND) there discussion? there discussion? The questlon shall Senate Bill 399 pass. Those favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wlsh? Have a1l voted whc wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes: no Naysr no Members votlng Present. Senate Bill 399, having received the required constitutional majority, is declared passed. Senate Bill 401. Senator DeAngelis. Senate Bill 415. Senator Dudycz. Senator Dudycz, do you wlsh thls bill returned Eo the Order of 2nd Reading for the purpose of amendment? Senator Dudycz seeks leave of the Body to return Senate Bill 415 to the Order 2nd Reading. Hearing no objection, on the Order of 2nd Reading is Senate Bill 415. Mr. Secretary, are there any Flocr amendments approved for ccnsideration?
Amendment No. 2, offered by Senator Dudycz.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz. Out of the reeord, Mr. Secretary. Senate Bi11 427. Senator Donahue. Senator Donahue on the Floar? Senate Bill Senator DeAngelis, Senate Bill Senator Barkhausen. Read the bill, Mr. Secretary.
Senate Bkll 433. (Secretary reads title of bill) 3rd Reading of the bill. 58 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.
Thank youz Mr. President and Members. Senate Bill 433 is a recommendation of the Buskness Corporation Act Advisory Committee of the Secretary of State's Office. It attempts to provide a number of alternative remedies that a court would have other than ordering a dtssolution of a corporation, and it applies these new remedies apply especially to closely held corporations. Under present law, courts of equity, as they be referred to, are often hamstrung in only having as a -- as a potential remedy a situatlon where shareholders of closely held corporations Who do not own inkerest that could be readily sold, they -- the courts are limited to ordering a dissolution a corporation, and in that situation, there are many instances in which jobs are lost. By providing, as this bill does, a host of alternaEive remedies - I believe there are about a dozen of them - courts of equity Wlll have other alternatives other than this most drastic one. And I'd be glad to answer yaur questionsr and otherwise urge your support.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Is there discusslon? The question is, sball Senate Bill 433 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted Who wish? Have voted who wish? Have voted who wksh? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members vo*kng Present. Senate Bill 433, having received the required constitutional majority, is declared passed. Senate Bill 434. Senator Cronin. Senate Bill 441. Senator Klemm. Senator Klemm r do you wish this returned to the Order of 2nd Rgading for the purpose of amendment? Senator Klemm seeks leave ot the Body to return Senate Bill 441 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectton, leave is granted. 59 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 On the Order of 2nd Reading is Senate Bill 441. Mr. Secretary, are there any Floor amendments approved for ccnsideration?
Amendment No. offered by Senator Raica.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica. Senator Dudycz.
Thank you, Mr. Presldent. With leave of the Body, like to handle the amendment for Senator Raica.
PRESIDING OFFICER: (SENATOR MAITLAND) Leave is granted, Senator. Thank you.
Senate Floor Amendment No. -- first of the bill is the part-time pclice officers' bill that has been worked upon by the -- the various parties: the Municipal League and the 1aw enforcement agencies, the -- as well as the pollce unions. Senate Amendment No. -- No. 2 adds two provisions which Were -- were requested by the Fraternal Order of Police, and they Were modified to accommodate the Illinois Municipal League. The two provisions state that training for part-time officers shall be of of similar content and the same number of hours as courses which are provided for full-time police officers: and second , states that the part-time police officers shall not be used as permanent replacements fcr full-time police officers. A1l parties have aqreed to this amendment.
PRESIDING OFPICER: (SENATOR MAITLAND) Is there discussion? there discussion? Senator Dudycz moves the adoption of Floor Amendment No. 2 to Senate Bill Those in favor: say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Any further Floor amendments approved for consideraEion, Mr....
60 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 26y 1995 No further amendments reported.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 443. Sena*or Fawell. Read the bill, Mr. Secretary.
Senate Bill 443. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fauell.
Thank you very much. The Committee Amendment No. 1 becomes the bill. It provides that an employee of the State or a local agency charged with inspecbion, surveying or evaluating facilities Who Willfully profits from violating the eonfidentiality of the inspection, survey the survey or evaluation is guilty of a Class 4 felony. Such conduct by the employee shall be deemed unprofessional conduct. The employee may be subject to the loss of his or her professional license, and an action to prosecute may be brought by either the Attorney General or the State's attorney. I know of no opposition to the bill as it stands.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 443 pass. Those in favor will vote Aye. Opposed, Nay. The votlng ls open. Have all voted who wish? Have all voted who wish? Have a1l voked who wlsh? Take the record. On that question, there are 57 Ayesy no Naysy none Votin: Present. Senate Bill 443, having received the required eonstlEutional majority, is declared passed. Senator Philip, on Senate Bill 450. Read the bill, Mr. Secretary.
61 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Senate Bil1 450. (Secretary reads title of bil1) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Phillp.
Thank you, Madam Presldent and Ladies and Gentlemen of the Senate. Simply stated, Senate 450 a vehicle bill. amends the Illinots Enterprise Zone Act. If sometime later the Session we can come to some kind of an agreement on something, this may show up back over here again. So I'd be happy to answer any questions. I'd like to get it over to the House. Thank you.
FRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Seeing none, the question is, shall Senate Bill 45Q pass. Those in favor 'will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted Who wish? Have a1l voted Who Wish? Take the record. On that question, there are 56 Ayes, no Nays, voting Present. Senate Bill 450, having recelved the requlred constitutional majority, is declared passed. Senator Maitland, on Senate Bill 459. Read the bill, Mr. Secretary.
Senate 459. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
Thank you very muchr Madam Presidentp Members of the Senate. SenaEe Bill -- Senate -- Senate Bill 459 is an ICC inltlative Which moves the statutory provisions under which the ICC regulates common carrkers by by ptpeltne from the llltnois Commerctal 62 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 I Transportation Law to the Public Utilities Act under which they i I had historically been regulated. Common carriers by pipeline will j continue to be regulated under the Public Utllities Act as they 1 have been for the last several yeirs under the Commercial Transportation Law. As you know, the feds have -- have usurped the authorîty of the -- of the states to regulate intrastate transportation and this -- this bill is necessary to accommodate those new changes in -- in federal guidelines, and I Would -- there was no opposition in committee. I know of no opposition. I would seek your support to Senate Bill 459.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussicn? Seeing ncne, the question is, shall Senate Bill 459 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who Wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Naysz none voting Present. Senate Bill 459, having received the required constitutional majority, ls declared passed. Senator Mahar, on Senate Bill 460. Read the blll, Mr. Secretary.
Senaee Bfl1 460. (Secretary reads kitle of blll) 3rd Reading of the bilk.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.
Thank you -- thank you, Madam President and Members of the Senate. Senate Bill 460 requires the EPA to design an emlssions market system to assist the State in meeting the applicable post-l996 provisions of the federal Clean Air Act Amendments of 1990, provide maximum flexibility for designated sources that reduce emissions, and that takes into account the findings of the 63 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 national ozone transport assessment, existing a1r quality i i conditions, and resultant emlssion levels necessary to achieve or k maintain attainment. The IEPA is authorized to develop propcsed I rules for a market-based emissicns yeduction, bankingr and trading systemv which wkll allow all statkonary sources to implement cost-effective compliance options. There was no cpposition in committeey and I'd be happy to try and answer any questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 460 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who Wish? Have a11 voted Who Wish? Have a1l voted Who wish? Take the record. On tbat question, there are 57 Ayesv nc Nays, none voting Present. Senate Bill 460, having received the required constitutional majority, is declared passed. Earller we asked leave of the Body to go back to four -- or, three of Senator Madigan's bills. We will start with Senate Bill 398. Senator Madtgan. Read the bill, Mr. Secretary.
Senate B1ll 398. (Secretary reads title of bll1) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.
Thank you, Madam President, Members of the Senate. Senate Bil1 398, as amended, represents the agreed language between the -- the hearing aid salesmen and the audiologists as far as the rewrite of the Hearing A1d Ccnsumer Protection Act. It extends the sunset i frol December 31St Of 1995 to January the 1st of 2006. Makes numerous technical changes. Addresses Ehe concerns of the mail-order firms dealing in hearing aids. And I Would be glad to I ' I 64 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 38th Legislative Day April 26, 1995 . I answer any questions, but otherwise would ask for its favorable E consideration. ' PRESIDING OFFICER: (SENATOR DONAHUE) I Is there any discussion? Any discussion? Seeing none, the question isr shall Senate Bill 398 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Wish? Have a11 voted who wish? Have all voted Who Wlsh? Take the record. On that question, there are 58 Ayes, nc Nays, none voting Present. Senate Bill 398: having received the required constitutional majority, is declared passed. Senate Bill 422. Read the bill, Mr. Secretary.
Senate Bll1 422. (Secretary reads title of b11l) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.
Thank you, Madam President. Senate Bill 422: Which is cosponsored by Senator Viverito, has an -- the amendment beccmes the bill and creates the Board and Care Reglstratlon Act <sicl. And basteally, Ladies and Gentlemen, board and care facilities are currently -- have to come under the definiticn of the nursing hore and thcse types of facilities. Board and care facilities, which are fairly common throughout the State, are facilities that are lntended for the elderly, that dc not require the intensive care or faciliEles Ehat nursing homes normally require in those provisions and statutes that they would fall under. In committee, I had committed that we Would -- that thls bill ls not in i*s final form as far as the registration of these types of facilities. Due to the compressed schedule that we have been on - - operating this week, we have not been able to come to a 65 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26: 1995 consensus as far as the final language of Senate Bill 422 and the creation of board and care homes statutorily ln Illinois. I Would commit to the Body, if the Body would see that we pass this bill in its present form, sqnd over to the House, and we will continue working on this so that we can represent to you, when it comes back for concurrence, that this is a bill in its best and final form. would be glad to answer any questions subject to what I outltned -- just outlined previously, but Would otherwise ask for its favorable approval.
PRESIDING OPFICER: (SENATOR DONAHUE) Any questions? Senator Fawell.
Thank you very muchy Madam President. I have served on a board, Senior Home Sharing Dupage County, in the past, which does this kind of work. This is an excellent facility fcr people Who do aot need nursëng home care, but still need some kind of care. We certainly should move this bill along, and we should promote this kind of thiag any way we can. So I speak favor of the billr and -- and hope everybody votes green.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further questions? Any further questions? The question is, shall Senate Bill 422 pass. Those in favor wi1l vote Aye. Opposed: Nay. The voting is open. Have voted who wish? Have a1l voted who wlsh? Have al1 voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, ncne voting Present. Senate Bill 422, having received the required constltutional majority, ls declared passed. Senator Madigan: on Senate Bill 423. Read the bill, Mr. Secretary.
Senate Bill 423. (Secre*ary reads tible of bill) 3rd Reading of the bill. 66 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.
Thank you, Madam Prpsident and Members of the Senate. And particularly want to thank you, Madam President, and the Members, for allowing us to go back on these bills. Senate Bill 423 comes from the Illinois Association of Professional Fire Flghters and has to do with widows' annuities. Currently there's an IRS ruling that would subject these types of annuities to income tax. This bill an attempt - hopefully a successful attempt - to remove these from bein: subject to federal income tax, and that's basically the purpose of the bill with regards to the widows' pensions or annulties wlth deceased firemen. T would be glad to answer any questions on Senate
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 423 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have voted Who wish? Have voted Who Wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bll1 423, havlng recelved the required constitutional majority, is declared passed. Senator Maitland, on Senate Bill 465. Senator Karplelr on 478. Do you wish to have this bill returned the Order of 2nd Reading for *he purposes of an amendment? Senator Karpiel seeks leave of the Body to return Senate Bill 478 to the Order of 2nd Readlng for the purposes of an amendment. Hearinq no objection, leave is qranted. On *he Order of 2nd Readtng is Senate Bill 478. Mr. Secretaryr are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Karpiel.
PRESIDING OFFICER: (SENATOR DONAHUE) 67 STATE öè ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 26r 1995 Senator Karpiel.
Thank you very muchr Madam President. The amendment deletes the underlying bill and what the amendment then does change the qualifications of -- persons appcinted to an airport authority board. Basically, that's what it does. It Will allow people who are appointed to any gcvernment board or a State or a federal board to sit on airport boards.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any -- Senator Jones. Senator Demuzio.
I haven't read this amendment. Does this -- does this require an audit also of the Dupage Airport?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.
Senator Demuzio, that part of the was removed because is being taken up in another bill sponsored by Senator Philip.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Trotter.
Thank you very much, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indtcates she'll yield, Senator Trotter.
Thank you very much. Senator Rarpiel, ln commltkee had a couple questions. I told you I had some reservations, as welly and -- and ended up voting Present. Just for the record, and for the other Members to hearr does this have anything to dc with Chicago airports uhatsoever - O'Hare - and that kind of issue?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rarpiel. 68 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26y 1995
The provlsions af this -- of this amendment -- of this bill ' i now, woukd apply to a11 airport boards throughcut the State. Let I me tell you exa.ctly what it does, so that you don't think we're I '' trying to take away any kind of powe rs from O 'Hare # or from any j other airport board. At the presentr time someone who sits on an ' airport board cannot be an electedofficialof--ofStateor 1 federal government or a local government, and cannot be appcinted - - an appointed commissioner on any kind of a State or federal commîssion. We are trying to open it up more so those people that are appointed to State and federal commissions can also sit on an alrport board. What we are doing ks expandtng the number of people that can sit on these boards, not restricting it, and this has absolutely nothing to do with O 'Hare.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter.
Okay. And also specifically, as we asked in committee, thts does have -- there is an indfvtduak in mind that this legislation was Written on -- on behalf of.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karptel.
Yes, there is, and he's a good friend of many of us in Dupaqe County.
PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Any further discussion? All those in favor,sayAye. Opposed: Nay. The Ayes have it. Hold on. 1 Senator Trotter, why do you seek recognitkon? Al1 you have to do I is turn your light on. j ' SENATOR TROTTER: i Thank you very much. I 69 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 ! PRESIDING OFFICER: (SENATOR DONAHUE) All right. SENATOR TROTTER: I I Yes, Mqdam President: I would just like to have a roll -- roll I call vote on this issue. PRESIDING OFFICER: (SENATOR DONAHUE) A roll call has been requested. That is always in order. On the Order of 2nd Reading is Senate Amendment No . 2 to Senate Bill 478. A11 those in favor will vote Aye. Opposed, No. The voting is open. Have al1 voted Who Wish? Have a11 voted who wish? Take the record. On that question, there are 33 Ayes, 22 Nays, none voting Present. Amendment No. 2 to Senate Bill 478: having received the -- is adopted. Any further Floor amendments approved for consideration? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Weaverr on Senate Bill 504. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 504. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver. Just a second, Senator Weaver. Senator Demuzio, why do you seek recognition? SENATOR DEMUZIO : I was just going Eo lnqulre as to the Order of Buslness. Are I we going to take up the series 500 now? Is that correct, Senator 1 ! Weaver? Perhaps :111 pose that question to you. I l PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver. 1 I 70 . y . ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 1995
I'm sorry. couldn't hear the questionr Senator Demuzio.
PRESIDING OFFICER: (SENATOR DONAHUE) Would you repeat the question? Senator Demuzio.
Are We doing to take up the series of the -- of the bonds now the 500 series? Is that what we're going to do for the remainder of the few minutes here?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver.
I'm passing over 501, 502, 503, but I'd like to call Senate Bill 504.
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Demuzio.
Well, we'd like to request a Democrat Caucus for a little while.
PRESIDING OFFICER: (SENATOR DONAHUE) That -- that request is always in order. Do you -- can you give us the time limit?
About -- about forty-five minutes.
PRESIDING OFFICER: (SENATOR DONAHUE) The Senate stand in recess until the hour OE 2 osclock. (SENATE STANDS IN RECESS) (SENATE RECONVENES) 71 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995
PRESIDING OFPICER: (SENATOR DONAHUE) .. . tmicrophone cutoffl...will ccme to order. Messages. I I SECRETARY HARRV: , Dear Mr. Secretary - Please be advised that I do hereby resign my position as a Member of the Senate Committee on State Government Operations. This letter shall serve as my written resignation, according to the Rules of the Senate. I ' Sincerelyv Senator Penny Severns. Message from the Minority Leader. Dear Mr. Secretary - Please be advised that, effective immediately, I have appointed Senator James Claybcrne tc fill the vacancy on the Senate State Government Operations Committee, created by the resignation of Senator Severns. Sincerely , Emil Jones, Jr. Dated April 26th, 1995. I ! I
PRESIDING OFFICER: (SENATOR DONAHUE) With leave of Ehe Body, WSIL-TV has requested permisslon to videotape the proceedings. Leave is granted. Senator Garcia, for what purpose do you rise?
Thank you, Madam President. I rise for a point of personal prlvilege.
PRESIDING OFFICER: (SENATOR DONAHUE) State your point.
Madam President, it is my pleasure to introduce to you and to recognize some young constltuents from the 1st District that are here this afternoon in Sprinqfield: The Daniel Corkery School is present here. I Would like to ask then to please stand up and take a bow, and be recognized, and...
PRESIDING OFFICER: (SENATOR DONAHUE) Will you please rise and be recosnized.
72 l - . I i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslaelve Day April 26, 1995 Welcome them to Sprlngfield. And they are accompanied by the assistant princîpal, other teachers and parents and chaperons. It's one of the great schools in the 1st District. I PRESIDING OFFICER: (SENATOR DONAHUE) Welcome to Springfield. Messages from the House. SECRETARY HARRY: I 1 Message from the House by Mr. McLennand, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titlesy in the passase of which I am instrucEed to ask the concurrence of the Senate, tc uit: House Bills 942, 991, 1023: 1221, 1248, 1277, 1424 and 1489. Al1 passed the Rouse, April 26th, 1995. PRESIDING OFFICER: (SENATOR DONAHUE) .. . tmicrophone cutoffl...Reports. SECRETARY HARRY: Senator Weaver, Chair of the Committee on Rulesy reports that the following Legislative Measures have been assigned to committees: Referred to the Committee on Appropriations - House Bills 1473 and 14747 to the Conmittee on Commerce and Industry - House Bill 3987 to the Committee on Education - House Bill 178; to the Committee on Environment and Energy - House Bills 544, 729 and 2138: to the Committee on Executive - House Bill 1106 and Senate Amendment l to Senate Bill 8017 to the Commlttee on Insurancer Penslons and Licensed Ackivities - Hause Bill 231, Senate Anendment l to Senate Bill 611, Senate Amendment l to Senate Bill 725, Genate Amendment l to Senate Bill 1027, and Senate Amendment 2 to Senate Bill 1183; to the Committee on Judiciary - House Bills 16# 113, 186, 548, 667, 995, 1116, Senate Amendment 2 to SenaEe Bill 747, Senate Amendment l to Senate Bill 897, and Senate Amendment l to Senate Bill 8127 to the Committee on Local 73 l .. . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Government and Elections House Bill 2117 to the Committee on Public Hea1th and Welfare House Bills 23 and 1132, Senate Amendment to Senate Bill 143, Senate Amendment 2 to Senate Bill 359, Senate Amendment 2 to Senate Bill 445, and Senate Amendment l to Senate Bill 6622 to the Committee on Revenue - Senate Amendment l to Senate Bill 134, Senate Amendment 4 to Senate BilL 401, and Senate Amendment to Senate Bill 7267 to the Committee on State Government Operations - House 1511, Senate Amendment to Senate Bill 3367 to the Committee on Transportatton - House Bills 8, 539, 878 and 10487 re-referred from the Transportation Committee to the Conmittee on Rules - Senate Amendment 2 to Senate Bi1l and Be Approved For Consideration - Senate Amendment to Senate Bill 355, Senate Amendment 2 ko Senate Bill 553, Senate Amendment to Senate Bill 788, Senate Amendment to Senate Bill 978, Senate Amendment 2 to Senate Bill 1206, and Senate Amendment 3 to Senate Bill 1129.
PRESIDING OFFICER: (SENATOR DONAHUE) On the top of page 9 on your Calendar is Senate Bill 504. Senator Weaver. Read the bill -- the bl11 has been read a 3rd time. Senator Weaver.
Thank you, Madam President. Senate amends the General Obligation Bond Act, and a Floor amendment was offered by Senator Rauschenberger. So I will yield to Senatcr Rauschenberger to explain the Floor amendment.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver yields to Senator Rauschenberger.
Thank you, President and Ladies and Gentlemen of the Senate. Senate Bill 504, as amended, amends the General Obllgation Bond AcE to kncrease the General Obligation Bond authorization of the State of Illinois by three hundred and sixty-one million dollars. 74 S. ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 The proposed General Obligation Bond authorization in this amendment includes educatlon bonding, which has a current level of seven hundred and ftfty-two million. The proposed new level is eight hundred and thirty-nine mlllion. Corrections goes from six hundred and nineteen million to seven hundred and seventy-four million. Conservation bond authorization gces from two hundred and sixty-four million to two hundred and seventy-four million. Mental Health from three hundred and fifty-three million to three bundred and ninety-three million. State agencies from seven hundred and twenty-nine mlllion to seven hundred and thirty million. Water Resources from one hundred and twenty-two mikkion to a hundred and twenty-four miktion. Transportatlon Series B Bonds go from seven hundred and thirty-flve million dollars to seven hundred and eighty-eight mitlion dollars. Antk-pollution Bonds go from a hundred and seventy million to a hundred and eighty-one million dollars. These authorized levels are not spendtng. There 'll be a capital spending bill that will go through the appropriations process and be available for Members to vote on the Floor. This simply raises the debt ceiling of the State of Illinois to accommodate the Gcvernor's proposed capital budqet. This amount is tracks with the Governor's request. This bill does not include the short-term Medicatd borrcwing that was somewhat controversial our committee and was discussed earller. This bill also ineludes a increase in the Baccalaureate Savings Act. That's amended to allow the issuance of an additional five hundred millicn dollars in General Obligation Bonds in the form of College Savings Bondsz a very successful program that's been well supported across the Gtate Illinois. 1111 be vgry happy to answer questions on this bill if people have them.
PRESIDING OFPICER: (SENATOR DONAHUE) Is there any diseussion? Senator Severns. 75 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprtl 1995
Thank you, Madam President, Members of the Senate. I think, given the -- the budget process, that this vcte ls a little premature. Many times past years welve waited we have seen the full list of projects the Governor plans to fund. In fact, many times we've voted on the Bond authorization during the Veto Session. To give the Governor a blank check an bonding authority seems to be a step ln the wrong direction. A1l of us know that wedve not started to address our debt problems. Most recent downgrading of bonds came as a -- came as a result of our unpaid Medicaid bills. The credit rating for Illinois is the lowest level since 1944. The Governory almost one year agc, stood before the Illinois Asscciation of School Admtnlstrators and said, and I quote, ''You told me# through your leadership, that in many districts you need help on new buildings and capital projects. Sc today what I propose to you wlll create a program in Illinols tha: can provide up to one billicn dollars, and those are what I talked about a minute ago. Up to thirty-stx percent of General Revenue for these critical needs. As much as five hundred million dcllars will come from the State.'' That's what the Governor said on May 5th of lasL year when addressing the Illinois Association of School Administrators. Yet the amendment that Would do just that, sponsored by our side of the aisle, siks Rules Committee and was not even voted out of Rules to be considered on the Appropriations Committee. A part of that amendment also provides that the State of Illlnois should no* exceed forby-five percent of tax receipts in its in its bondin: and debt. Unfortunately, that proposal sits the Rules Committee. is not apprcpriate, given the record of this administration, that we give the administration a blank check. We know that year after year we vote for bondin: authorizationy and we know that year after year we increase the level of bonding authorization. What we also know 76 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 is that we've not approprlately addressed the debts that are outstanding. When we have the bonding houses tell us time and again that they're going to downgrade us - most recently a third time durtng this administration, and it's because of our inadequate fiscal policies it seems to me that weire sending a wrong signal to give the Governor and the administration a blank check on bonding authorizatlon. I appreciate the need for partisan votes at times, and I appreciate the need that many of you want to be loyal to the Governor's request, but to vote out a bonding authorization: to give a blank check without even having the budget in front of you, seems to be foolhardy. would -- I'm surprised that -- franklyr that the Chairmanr whom I have respect for, who -- who also has demonstrated a level of fiscal conservatism in this Chamber and on the committee, would want to promote the bfll that he 's promoting, but I also understand that that's what the administration is requesting. I don't think We want to give a blank check. I don't think we want to vote blindly for an increased bonding authorization when the State of Illinois is becoming known to the bonding houses as a deadbeat. I would urge the Members on this side ta vote No.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Senator Carroll.
Why, thank ycu, Madam President, Ladies and Gentlemen of the Senate. rise, also, in opposition to this proposal and for baslcally the very same reasons as expressed by Senator Severns. Those of us with institutional memory and maybe that's not always good - do recall that in most years we have waited, fact, till a capital budget has not only passed the General Assemblyr but has been signed in 1aw by the Governor, and then We would raise, if appropriate, the bond authorization to the level that has been signed into law, so that we: the General Assembly, STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 still serve as that check and balance, not a blank check, on the actual spending of bonds by determining what actually gets signed lnto law . And yes, eaeh and every year there is a budget, and yes, each and every year there are programs that budget that call for capital expendltures. It dogs not mean in any given year, and has not, that that's what ends up on the Governor's desk, nor does it mean, and has not ln any given yearr that that's what the Governor ends up slgning . So to raise the authorization level before ycu know what projects are there is foolhardy, as far as fiscal conservatism and flscal responsibility. And I just Want to echo the comments as to what has happened here in Illlnois under this administratlon. This has been a borrow-and-spend admlnistration. This tgpe of legislation just plays into the hands of the bond houses, Who haver once açain, lowered our rating and ratsed, thereforer the amount we have to spend of taxpayer dollars in interest. And What they have said to us is: Your fiseal house not in order. You are borrowing and bcrroWing with no stream tc pay it off. Youlre not paying your back debts, and therefore, you are a riskier bond. There were times, up to a couple years ago, when Illinois Was called gilt-edge bonds the lowest interest rate of any bond issue in the country, and the one that every investor wanted. Now, because of this irresponsibilityr we have dropped ratings three times, costlng us millions upon millicns interest dolkars, and this just flies in the faee of the warnings we've been given. And that is because no one knows yet what these are for sure going to be spent on. The other point is, there is available authorization in each eategory as We s1t here today. Tbere is over a hundred and thirty-two million dollars avallable for additional projects under the existing authorization. So to pass further than that now is not only foolhardy, but really does contlnue to jeopardlze the State's eredibility and creditworthiness in al1 of the markets. 78 STATE OP ILLINOIS 89TH GENERAL ASSFMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 And I know Senator Jones has had passed out the State of Illinois GOP Bonds, which what this is representative of, and that is ''to spend and borrow, we will pay tomorrow''. And it shogs again that our rating has gone from AAA to AA1 to AA now to A1, and Who knows what it's going to be in the future. That's not the way we should be spending the peopke's moneyr and T would urge a No vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Senator Collins.
Question of the sponsory please.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Collins.
Senator, I'm hearing that this is a blank check and that you don't know whak ycudre golng to -- you know , what specific programs that will be -- thls -- these monies be used for -- proceeds be used for. Could you explain tc me specifically again what speciflc areas that we are going to use increasing the bcnding authorizations for? PRESIDING OFFICER: (SENATOR DONAHUEJ Senator Rauschenberger.
Thank you: Senator. This -- this is not a blank check. Wedre increasing the bond the authorized bonded indebtedness levels of the State of Illinois. In Educatfon, wefre addin: a eighty-seven-nlllton -- 87.5-million-do1lar increase in the bond authorîty. In Correctionsy we're adding 155.5 million dollars banding authcrity. In Conservation, we're addinq ten and a quarter million dollars in bond authority. In Xental Health, forty and three quarEers million dolLars kncrease in bond authorized authority. For State agencies, nine hundred thousand dollars. Waker Resources two million dollars. Transportation 79 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 26, 1995 Series B, for highway constructipn: fifty-three million dollars ln increased bond authorization. And Antt-pollution Bondsr eleven million dollars.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discusskon? Senator Collins.
To your -- to your knowledge, Senator: are there any other plans to -- to utilize any of this money or to increase bond authorizaticns for any other purposes: other than basically these that are outlined in this bill?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.
Absolutely not. You would not be able to use them for any other -- any other purposes than the ones I've oublined.
PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Senator Demuzio.
Well, thank you very muchr Madam Presidentr Ladies and Gentlemen of the Senate. Senator Rauschenberger, too, can applaud you for the way and the manner ln which you have run the Approprlations Committeer but let ne indicate ta you that Nhat you said over the weekend to the media is absolutely, precisely the case: You only need the Democrats for one vote this Session and this ls You want us to give you carte blanche to take the cap off. Xou Want to establish the priorities. Ycu want to establlsh the entire State budget without any input from the Minortty Party. You want it. And you know you will pass a budget With al1 of your projects in it. Senator Carroll was right: There is money in the pipeline already for projects that will be able to be continued. And so what we have tcday is political posturing . a vote that is supposed to be intended to put us in scme bad perspective 80 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 back home, but I think what the folks back home will say is: When you voted to -- for the bond authorization, did you know what projects -- what you were going to -- what was going to be funded? And my answer w1l1 be no. Folks back home will say: You know, you passed, in the Illinols Senate for the last three of the four consecutive times and sent to the House, money for school district construction bcnd funds, and it dldn't pass over there. And yes, indeed, the Chlef Executive Officer of this State said we Would have money for school district construction bond funds, and he said that in his pledge that he made to the voters of Illincis last year. Not contained in this. Our amendment was not allowed be heard ln committee, and it was certainly filed in -- the appropriate, timely manner. And so you need the Democrats today to take the cap off so you can determine the projects in your districts and then you can craft the budget Without us. We want tc work cooperatively together w#th you to make the appropriate dectsions to run State government for next year, historically we have not gotten into the caps on bonds at this particular time in the Session. I think Senator Carroll alluded to that during his -- his remarks. So today this is a political vote. And 1'11 tell you what I think is going happen. I think I'm going to be held more positive vein ln my district for not voting for this because I don't know where the projects are, and I think you guys are -- I tell you what: I I think it's blatant to say that you need the Denocrats for one vote, and that's -- and that's this one. I think that says it all. I rise in opposition.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jacobs.
Thank you, Madam President. Just a point of parliamentary inquiry.
PRESIDING OPFICER: (SENATOR DONAHUE) 81 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26r 1995 State your point. I
How may votes Will this take? PRESIDING OFFICER: (SENATOR DONAHUE) . Three-fifths majority.
Thank you. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jones.
Thank you, Madam President. Would the spcnsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he 'll yieldz Senator Jones.
Well, Senator Rauschenberger, you read off a litany of projects that you have on a piece of paper in your hand. Could you tell the Body whether or not that has been intrcduced into a billr 'cause I haven't seen any legislation whatsoever? NoW Where is the legislation for al1 the capital projects?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.
Senabor Jones, thank you for that questlon. The Governor's propcsed expenditures for the capital budget are contained in Senate Bill 930, which is still in the form he introduced it in.
PREVIDING OFFICER: (SENATOR DONAHUE) Senator Jones.
Well, you know and -- and the rest of us on this side know and the Members on your side cf the aisle should know that we have all I these budget bills on the Calendar tha: are mere skeletons. And until such tlme that you put soRething in there, you'd be Voting I 82 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legtslattve Day April 26r 1995 in the blind. Now: know you are a very sharp man. You know budgets. You go to the bank, but I know you do nct go and sign a blank check and give it to anyone. know you don't do that. So why Would you even ask the Members on your side of the aiske to sign for scmething when they don't even know What's in it? As my colleague said, thls is nothing but politics - sheer politics. You want to play politics with the people of Illinois. want mortgage their grandchildren and children. All you want to do is spend and borrow with no accountability. But I cannot see the intetligent legislators on your slde of the aisle votin: for something they have not seen; they haven 't even read one line ttem as it relate to these proposed capital projects that you talk about. What the Governor gave in his budget address is one thing. What we have here is absolutely zero. So if you're going to be fair to your colleagues, if you're going to be fair to the Members on this side of the aisle, you would say: ''Okay, we Will introduce the capital projects and you will see where they are'', and give the Members on both sides of the alsle the opportunity to vote intelligently on sonething, rather than play pclitics: as you indicated the press thls past weekend. So, again, urge the Members on this side to vote No . And don't vote for a blank check. When you vote for a blank check that's why the bcnd rating has dropped from AAA al1 the way down to A-. That's terrible.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Rauschenberger, ko close.
I want to thank the Members of the Senate, and certainly appreciate the concerns on both sides of the aisle regarding this boad authorkzatkon. I'd like to point a few thinss out. This vote today is no surprise. For more than a month I said to anybody who listen that want separate the bond 83 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 I authorization votes from the budget process, that the budget process should not be mixed up in a supermajortty vote over tbe authorization levels. Senator Demuzlo, ycu're correct: historically we 've never done it this way. And historically, this budgetary process is a mess. I'm not sure this is the -- the sinecure for everything that needs to be done in State government, but certainly we have got to change somethin: in the way this process works. We are not going to run into June and July and do our budgets lrresponsibly. Our goal here is to try to do a responsible budget. I encourage the Members of this General Assembly to vote their conscience on the bond authorization. It's important that we understand, as ln the Appropriation Committee and the appropriation prccess, the limits and the parameters that the general Membership of this Body will give us to work with on the capital budget. That's why you should brlng the authorization before the budget itself. As to wha: projects are under discussion, the Governor's proposed budget for capital - Senate Bill 930 - has been ln circulation for more than sixty days. This ls not a blank check. I -- I dcn't understand that at all. We have to appropriate the spending of that money . The -- the authorization is not tied to the spending of the money. We have the appropriation process to rely on to decide how we 're gotng to apportion these things. I thlnk, thoughr it's important that Members on b0th sides of the aisle realize that this -- this vote does have meaning. It's time that we face our constituents. It's not fair for us to run around for nlnety days and pretend we support projects when welre unwillins to support the debt necessary to make those construction decisions. The funding in this authorizaticnz as per the Governor's propcsed spending: Will construct four new housin: units -- four new facilities for prisons across the State of Illinois With locations Jnidentified yet. This will fund construction of a new medium-security 84 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 26, 1995 facility at a site undetermined yet. It'11 construct additions at I three other facilittes. We have a corrections problem in the State of Illlnois. We have a capacity issue. This bond authorization allows for the completion of the super max construction at Tamms Correctional Center. This capital authorization, according to the Governor's allocation, would authorize sufficient monles for Vienna Correctional Center to upgrade its steam distribution system, to install security fencing and upgrade the air conditioning and the coolin: tcwer systems there so they can run that prison. This bond authorization, according to the Governorfs allocation, Will complete constructlon of the Chicago Forensic Science Lab in Chicago. These are in Democratic districts. This ls not a Republlcan grab. We're working from the Governor's blueprint. This is the Governor's introduced level. This is the Governor's authorized request. If this Body does not want to support -- if you do not want to suppcrt the capital projects that the Governor has recommended, then we need tc go and face our constituents and tell them that we're not interested in thls kind of capital construction. We need to go back to Edwardsville and tell the Southern Illinois University at Edwardsville that we will not pay for their engineerin: building. I think Members in this Body have the right to vote on this bill separate, not tn the emotlons of the final budget authorization, that this is for the authorized level of spending. I would encourage a favorable roll call. 7REEIDING OFFICER: (VENATOR DONAHUE) The question is/ shall Senate Bill 504 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted Who Wish? Have all vcted who wish? Last time. Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 33 Ayes, 22 Nays, 2 voting Present. Senate Bill 504, having not received the required i 85 :. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 26, 1995 i three-fifths majority vote, is declared failed. Senator Weaver, on Senate Bill 505. 0ut of the record. Senator Thomas Dunn, on Senate Bill 506. Senator Petka, on Senate Bill 511. Read the bill, Mr. Secretary.
Senate Bill 511. (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka.
Thank you very much, Madam President, Members of the Senate. Senate Bill 5ll is -- visits two areas of crlminal justice. First of all, it basically take direction from the Illinois Supreme Court and basically cures an infirmity that the Supreme Court found in case of ''People versus Zarembaf'# in whlch our undercover sting operations were aborted because of some faulty language. We now have language in thls legislation whicb Will clear up that problem. Also, there is a correctionr for clarity purposes in the sentencing, to mandatory life for the murder of a police officer, a firearm -- a firemanr a correctional officerz a paramedic or twc or mcre people. It cleans up the confuslng wording. This bill came out of the Judiclary Committee 10 to 0. I'm not aware of any opposition. I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any questions? Any dlscussion? Seeing none, the question is, shall Senate Bill 5ll pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wlsh? Have all voted who wish? Have all voted Who Wish? Take the record. On that question, there are 58 Ayes, no Nays, none vcting Present. senate Bill 511: having received the required constitutional majoriEy, ls declared passed. Senator Maitland, on 86 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCREPT 38th Legislative Day April 26, 1995 523. Senator Maitland, on 524. Read the bill, Madam Secretary. :
Senate Bill 524. (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
Thank you very much, Madam Presldent, Members of the Senate. Senate Bill 524 would -- would add to the list of individuals to whom the court cannot kssue an order granting a JDB permit, and that would be the person who refuses to take a Breathalyzer test. We amended this bill to then lnclude the RDP, which is the -- which is the permit that is -- that is issued by the Secretary of State. We left that out in the orlginal draft of the bill. We belleve this ls an attempt that will -- will -- will attempt to force people to take a Breathalyzer test When stopped by the police. And I would -- would seek your support.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 524 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record . On that question, there are 53 Ayes, 4 Naysr none votin: Present. Senate Bill 524, having received the required constitutlonal najorlty, is declared passed. Senatcr O'Malley, on senate Bill 525. Read *he bill, Madam Secretary.
Senate Bill 525. . (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICERI (SENATOR DONAHUE) 87 . ) STATE OF ILLINOIS 89TH GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 I Senator 0 'Malley . SENATOR O 1MALLEX : Thank you# Madam President. Senate Bi11 525 amends the Clinlcal Socla1 Work and Social Work Practice Act and the Elder Abuse and -- and Neglect Act to allow the Department of Professkonal Regulation and the Disciplinary Bcard access to privileged communications for purposes of assisting an -- an elder abuse client when communication reveals elder abuse, neglect or financial exploitation. This bill permits the sharing of informatlon abouk alleged and substantial cases of elder abuse or neglect. There was an amendment to the bill that clarlfies under the Clinical Social Work Act that in Ehe course of an investigation of elder abuse, a licensee under the Act may voluntarlly dlsclose information regarding the case. Records -- records concerning reports of elder abuse shall be available to the Department of Professional Regulation When investigating alleged violations of the Clinical Social Work Act. The Department of Professional Regulation must, however, preserve the confid/ntiality of the records. Be happy to answer any questlons there are.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 525 pass. Those in favor will vote Aye. Oppcsed, Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have a1l voted who Wish? Take the record. On that question, there are 57 Ayes, no Nays, none voEing Present. Senate Bill 525, havinq received the required constitutional majority, is declared passed. ienator Thomas Walshy on 533. Read the bill; Madam Secretary.
Senate Bill 533. (Secretary reads tktle of bkll) 88 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26y 1995 3rd Reading of the blll.
PRESIDENG OFPICER: (SENATOR DONAHUE) Senator Walsh.
Thank you, Madam President. Senate Bill 533 amends the Insurance Code to provide Ehak lf insurance insurers are in dispute with respect to an automobile physical damage subrogation claim, the claim shall be submitted to a dispute resolution organization withln sixty days of a request by elther insurer. This is -- this bill is still work-in-progress. We 've brought together the -- the many different parties that are interested. would just ask fcr a favorable vote here get the over to the House and to put an amendment onto I'd be happy to ask any -- or, answer any questions if there are any: but I would just appreciate a favorable consideration to keep the process moving cn 533.
PHESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscussion? Senator Berman.
Thank you, Madam President. just want to confirm that we have an understanding that this bill will be amended in the House so that the dlscussions regarding the issues here will be continued to be discussed. I would support the beins voted on: an Aye vote today, with that understanding. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? The question is, shall senate Bill pass. Those in favor vote Aye. Opposed , Nay. The voting ls open. Have a11 voted Who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, there are 46 Ayes, 7 Nays, 3 voting Present. Senate Bill 533, having received the required constitutional majority, is declared passed. Senator Madigan, on Senate Bill 534. Read the 89 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 billz Madam Secretary.
Senate Bill 534. (Secretary reads title of b1l1) 3rd Reading of the bilt.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.
Thank you, Madam President and Members of the Senate. Senate Bill 534, as amended, takes scme language that was formerly in Senate Bill 613. This language ls as follows: Changes the Public Policy Section to clarify that a dentist is responsible for the care of his or her patlents; deletes a reference in the education requirement to an academic year being at least eight months; and extends the sunset of the Dental Practice Act to the year 2006. There was no opposition in committee to this amendment that was offered. I would be glad to answer any questions, and otherwise would ask for lts favorable consideratlon.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question (s, shall Senate Bil1 534 pass. Those in favor will vcbe Aye. Opposed, Nay. The voting is open. Have all voted who Wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 57 Ayes, Naysr voting Present. Senate Bill 534, having received the required constitutional majority, is declared passed. Senator Collins, on Senate Bill 538. END OF TAPE TAPE 90 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day Aprll 26r 1995
PRESIDING OFFICER: (SENATOR DONAHUE) Read the bill: Madam Secretary.
Senate Bill 538. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.
Thank you, Madam President and Members of the Senate. Senate Bill 538 is a very simple bill. It creates a task force to assist small businesses around the State of -- units of government around the State of Illlnois to hopefully come up With some recommendations to assist them in their plans for economic stabllity and developmenE in thelr area, and to help them to cut through some of the red tape that's involved in many of the small business assistance programs that we currently now provide through DCCA and other agencies through -- through the State of Illinois. I kncw of no opposition, so I would just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusslon? Any discussion? Seeing none, the question shall Senate Bill 538 pass. Those ln favor will vote Aye. Opposed, Nay. The votlng is open. Have a11 voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 Ayes, 3 Nays, none voting Present, Senate Bill 538, havin: received the required constltutlonal majorlby, declared passed. fenator Pawell, do you wish to have Senate Bill 539 recalled to the Order of 2nd Reading for the purposes of an amendment? Is leave granted. Leave is granted. On the Order of 2nd Readlng is Senate Bill 539. Madam Secretaryy are there any Floor amendments approved fcr STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26r 1995 consideration?
Amendment No. 1, offered by Senator Fawelk.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell, on Senate Amendment Nc .
Thank you very much. This is the amendment that the new car dealers and the manufacturers have worked out together. Senator Jacobs and I were b0th in on the conferences that were held, and - - and I would publicly like to thank Senator Jacobs for all of his help Nith this. It basically is an agreement between the manufacturers and the -- and the car dealers, as I said, a way that they can set up a system, sc that if there are any contract disputes, they can be properly taken care of. And I Will be glad to answer any questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscussion? Any discussion? Seeing none, a1l those in favor of Senate Amendment No. say Aye. Opposed, Nay. The Ayes have lt, and Senate Amendment No. is adopted. Are there any further amendments approved for consideration?
Floor Amendment No . offered by Senatcr Fawell.
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Fawell, on Amendment No. 2.
Thank you very much. This a technlcal amendment to Amendment No. 1.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? A1l those in favcry say Aye. Opposed, Nay. The Ayes have it, and Amendment No. 2 is adopted. Are there any further Floor amendments approved for consideration? 92 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day Aprtl 26: 1995
Amendment No . 3, offered by Senator Fawell.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.
Thank you very much. This is another technical amendment that the manufacturers requested and was agreed to by the car dealers.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? those in favor, say Aye. Opposed, Nay. The Ayes have and Amendment No. adopted. Are there any further amendments approved for consideration? ACTING SECRETARY HAWKERI No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Maitland, on Senate Bill 540. Read the blll, Madam Secretary.
Senate Bill 540. (Secretary reads title of bil1) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
Thank you very muchy Madam President. Under -- under current law, a car buyer may return a defecèive car under the Ehe new Vehicle Buyer Protection Act, that's otherwise known as the Lemon Law, and receive a refund. However, there is no real mechanism withln the Department Revenue to do that. Senate Bill 540, specifically provides that if a motor vehicle is returned Cor a refund of the purchase price under the Vehlcle Buyer Protectlon Act, the Department of Revenue shall issue a credit memorandum or 93 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 a refund for the amount of *he tax paid. We had a particular situation ln -- in my legislatlve distriet where there was a problem here and this seeks to clarify the laW . And -- and I Would seek your support of Senate Bill 540.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the queseion is# shall senate Bill 540 pass. Those in favor wilk vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that question, there are 58 Ayesr no Naysy none voting Present. Senate Bill 540, having received the required constitutional majority, is declared passed. Senator DeAngelis: on Senate Bill 541. Senator DeAngelis, on 541. Senator Watsonr on Senate Bill 542. Senator DeAngelis, on 552. Read the billr Madam Secretary.
Senate Bill 552. (Secretary reads title of bill) 3rd Rêading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam Prestdent. Senate Bill 552, as amendedy is the Commissioner of Banks annual clean-up legislation. It does some deletions. Probably the two most significant parts this bill is, one, that it requlres the Commtssioner to assure himself that the interest interes: of depositors are protected When there is a change of control. Rtght now, he doesn't have to dc if it's less than ten percent. The other one is the deletion of the requirement of the publishings on a quarterly basis, the call sheet of the banks. For those who may not know, the feds removed the requirement that banks -- national banks do the quarterly 94 STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 publicaticn in the newspapers. The Commissionerts wish is to do the same thing for State banks. Be happy to answer any questions.
PRESIDENG OFFICER: (SENATOR DONAHUE) Is there any questlons? Any discuysion? Senator Garcia.
Madam Presidenty I rise for a poine of personal privilege.
PRESIDING OFPICER: (SENATOR DONAHUE) State your point, Senator Gareia.
Thank you. Given that Senator de1 Valle is noe his seatr I wanted to take the opportunity to introduce a group of youn: constituents from his district, and ask them to rtse tn the gallery. They are students from the McAuliffe School accompanied by various chaperones. Could we recogntze them, please.
PRESIDING OFFICER: (SENATOR DONAHUE) Will you please rise and be recognized. Is there any dlscusslon on Senate Bill 552? Seeing noner the question is, shall Senate Bill 552 pass. Those tn favor Will vote Aye. Opposedr Nay. The voting is open. Have all voted who wlsh? Have voted who wish? Have a1l voted who vish? Take the record. On that question, there are 57 Ayes, no Naysz l voting Present. Senate Bill 552, having received the required constitutlonal majority, is declared passed. Senator Pawell, do you ulsh to have Senate Bill 552 -- 553 returned to the Order of Reading for the purposes of amendment? Senator Fawell seeks leave of the Body to reKurn Sena*e Bill 553 tc the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 553. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. offered by Senator Fawell.
PRESIDING OFFICER: (SENATOR DONAHUE) 95 STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legtslative Day April 25, 1995 Senator Fawell, on Amendment No. 2.
Thank you very much. This is the amendmen: that I promised the committee, that was agrped bg the Departmpnt of Registratlon and Llcensing for the collector's bill. I think everything is in agreesent and be glad to answer any questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, *he question is, shall the Senate adopt Amendment No. to Senate Bill 553. A1l thcse in favor, say Aye. Opposed, Nay. The Ayes have i*. The amendment is adopted. 3rd Reading. Senator O 'Malley, on Senator O 'Malley, on 5543 Do we have leave the Body to come back to the next bill? The ones that are mine. Senator DeAngelisy on Senate Bill 563. Read the bill, Madam Seeretary.
Senate (secretary reads tltle of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thank youz Madam President. This is a shekl bill. And I would wish that it shall pass.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscusston? Senator Demuzio.
Yeah. These -- thls whole serles looks like the DeAngelis shell game for the Session here. 563, <5>64, <5>65, 6 -- let's see, those three. Do you have any idea what you might be shelling these thinçs for?
PRESIDING OFFICER: (SENATOR DONAHUE) 96 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. Yeah. One bl1l ls for downstate. One is for the suburbs and the collars, and the other one is for the Ctty of Chicago .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio .
assume one of them audits the Dupage Airport. That's one. Why don't we have leave of the Body to take 'em al1 cn one roll call. Maybe we can kill them a1l at once.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Further discussion? The question is, shall Senate Bill 563 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who Wish? Have al1 voted who wish? Take the record. On that questionr there are Ayes, Naysr voting Present. Senate Bill 563, having received the required constltutlonal majorltyr is declared passed. Senator DeAngelisy on Senate Bill 564. Read the bill, Madam Secretary.
Senate Bill 564. (Seeretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thig iB another shell.
PRESIDING OFFICER: (SENATOR DONAHUE) Any questions? SenaEor Demuzio.
Well, I guess that last one was for Chicago. Is Ehis *he I STATE OP ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT ; I 38th Legislative Day April 26, 1995 I downs*ate one, or the suburban ane? You have any idea? PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. Is there any further discussicn? Any further discusston? Seeing none, the question 1s, shall Senate Btll 564 pass. Those in favor will vote Aye. Opposed/ Nay . The votin: is open. Have all voted who wish? Have al1 voted who wish? Have al1 voted who wish? Have all voted who wlsh? Have al1 voted who wish? Take the record. On that questiony there are 23 Ayesz 13 Nays, 21 voting Present. Senate Bikl 564, having not received the required constitutional majorityy is declared failed. Senator DeAngelisr on Senate Bill 565. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: Senate Bl11 565. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. I think we'll jûst leave this one as i: ls. But for Senator Demuzio's information, that last one was the downstate. So I'd like to have a record of the roll call. PRESIDING OFFICER: (SENATOR DONAHUE) 0ut of the record. Senator Weaver, on Senate Bill 568. Read the bll1, Madam Secretary. ACTING SECRETARY HAWKER: Senate gill 568. (secretary reads title of bill) 3rd Readlng of the btll. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver. SENATOR WEAVER: 98 . ) ' . ) - STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislattve Day April 26, 1995 Thank you, Madam President. Thts is another shell bill for possible use in the future. I'd appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR DOHAHUE) Is there any discussion? Any discussion? Seeing none, the question isy shall Senate Bill 568 pass. Those in favor will vote Aye. Opposedz Nay. The voting is open. Have all voted who wlsh? Have al1 voted who Wish? Have all voted who Wish? Have al1 vcted who wish? Take the record. On that question: there are 33 Ayes, Nay, 22 votlng Present. Senate Bill 568, havtng received the required constitutional majority, is declared passed. Senator Maltkand: on Senate Bill 573. Senator Woodyard, on Senate Bill 584. Senator Philip, on Senate Bill 585. Senator Klemmr on Senate 586. Read the bill, Madam Secretary. Senator Rlemm seeks leave of the Body to return Senate Bill 586 to the Order of 2nd Reading for the purposes öf an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 586. Madam Secretary, are there any Floor amendments approved for consideratlon?
Amendment No . 2, offered by Senatcr Klemm.
PRESIDING OPFICER: (SENATOR DONAHDE) Senator Klemm, on Amendment Nov
Thank thank you, Madam Presidentz Ladies and Gentlemen of the Senate. Senate Bill 586 is the amendment. Addresses several practices of the Local Governmental Tcrt Immunity Act Ksic>. It allows counties to maintain adequate fund balances. It allows them to use the dollars for the proper expenses. prohibits the accumulation of excessive funds. And says that excessive surpluses are used to be -- for abatement of property taxes. Want to thank, particularly, the Taxpayers' Federation, the Municipal League, the Metro Counties, City of Chicago, Schocl 99 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Officials, to work out a compromise on a bill that Khink is needed for our Tort Immunity Fund. So I ask for your support.
PRESIDING OPFICER: (SENATOR DONAHUE) Is there any discussicn? Any discussion? Seeing none, those in favor, say Aye. Oppcsed, Nay . The Ayes have ity and the amendment ts adopted. Are there any further Floor amendments approved for consideration?
Amendment No. 3, offered by Senator Klemm.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klenm, on Amendment No.
Amendment No. is a technical changg, adds two wordsv and I ask for your support.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusslon? Any dlscussion? Seeing none' al1 those in favor, say Aye. Oppcsed, Nay. The Ayes have and the Anendmenk No . is adopted. Are there any further Flocr amendments eonsiderated <sic>?
No further amendments reportedr Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Is leave granted to go back to Senate Bill 585? senator -- all those in favorr say Aye. Leave iS granted. On the Order of 3rd Reading is Senate Bill 585. Senator Philip. Read the bill, Madam Secretary.
Senate Bill 585. (Secretary reads tikle of bill) 3rd Readlng of Ehe bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip. l00 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 SENATOR PHILIP: Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 585 amends the Attorney General's Act relative to bondtng requirements. Very simply stated, it's another one of those vehicles. Hopefully, somewhere during the end of Session, we may use it. Ask for thirty votes and pass it over to the House. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 585 pass. Those in favcr will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have all voted Who wtsh? Take the record . On that question, there are 44 Ayes, no Nays, 10 voting Present. Senate Bill 585, having received the required constitutional majority, is declared passed. Senator Ralph Dunn, on Senate Bill 588. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: Senate Bill 588. (Secretary reads title of btll) 3rd Reading of *he blll. . PRESIDING OFFICER: (SENATOR DONAHUE) Senator Ralph Dunn. SENATOR R. DUNN: Thank you, Madam President and Members of the Senate. Senate Bill 585 <slc> (588) Would amend the Election Code. It would abolësh the East St. Louls Board of Election Commissloners. This bill was requested by some of my friends in St. Clair County who say that it would be a cost saving, it'd save some seventy-five Ehousand or more dollars per year if we could abolish the East St. Louis Board of Electtons. That sounds a little crude, thcugh, I guess, maybe if ycu don't know that East St. Louis has lost about half of its population over the last twenty-five years. It's down 10l . y , ' j STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 1995 now to around forty or forty-two thousand, and it's quite expensive to conduct an election just for that part of the eounty. And St. Clalr County would underwriee part of the cost of it anyway. And would allow Ehe -- the County of St. Clair to conduct an election throughout the county. We Ehink would be more uniform, it'd be better, and request an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) there any -- any discussion? Senator Clayborne.
Yes. President -- speaker yteld -- sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Clayborne. SENATOR CLAYBORNE; Thank you. Flrst of alls I would like to state that I -- I do represenE the Citg of East St. Lcuis. However, the election board has it's cwn attorney. However, I will vote my conscience. T1d like to ask Senator Dunn: Senator Dunn, did you have an opportunity to talk with the St. Clair County Clerk, regarding the City of East St. Louis election board and the county taking over the election board?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn.
No. Senator Clayborne, did not talk to the St. Clair County - - County Clerk.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Clayborne.
Do you know if the county has approprlated monies to take over the East St. Louis Board of Election?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn. I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislattve Day Aprll 26g 1995 SENATOR R. DUNN: Thank you. My understanding is thak that East that St. Clair County already subsidizes the election to the tune of about sevenky-two thousand dcllars. And -- so I -- I don't know as they 'd need to appropriate more money, I'd hope not. PRESIDJNG OFFICER: (SENATOR DUDYCZ) Senator Clayborne. SENATOR CLAY8ORNE: Senator Dunnr do you know the total amount -- the total amount that ls used to by the electicn board to fund the election board? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn. SENATOR R. DUNN: No -- no, I don't. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Claybcrne. SENATOR CLAYBORNE: So therefore, you don't know how much money in additlon to the seventy-six thousand dolkars that needs to be appropriated. There Was testimony, Senator Dunn, that that the City of East St. Louis appropriates another two hundred thousand dollars to subsidize the election board. Werè you aware of that? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn. SENATOR R . DUNN: Yeah. It's my understanding that it is something like that it costs the -- the City of East St. Louis. This would be a savings to them in that amounE, Idd think. PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Clayborne. SENATOR CLAYBORNE: l03 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 26, 1995 Senator Dunn. Where will the S*. Clair County qet this additional two hundred thousand dollars? And have you talked with them, and is that money appropriated, Senator Dunn?
PFESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn.
The answer is no to both of those questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Clayborne.
Senator Dunn. A eouple of questions. There Was a lptter sent by a Eugene W. Wittry, who indicates that he is the Republican Representatlve on the board of election commission ln Peoria . And that he has been on that body for fifteen years. He has stated -- are you aware that he has stated in his letter that thts board in East St. Louis has and is operating efficiently? Are you aware that he states that this is not done for economic reasonsy ncr is it done this legislatlon here is -- is being introduced for the purpose of improvements of the conducts of the elections. Are you aware of that Senator Dunn?
PRESIDING OFFICER: (SESATOR DUDYCZ) Senator Dunn.
I -- I -- got the first part of your question, about -- I got letter from a board of elections in Peoria, think, saying it's a shame that your going ko do away with with another board down in East St. Louis. I don't know -- I never met the gentleman, but I did read his letter and I read a p.s. where he said, ''Idve been a lifelon: Republican and I think this is terrible that your doing this to East St. Lcuis.'' But the second part of your question had to do with money, believe, but Wanted to mention that the next election, as far as I know, Nill 104 j I STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 be in 1996. This Would nat take effect until January 1st, 1996. I It'll give Gt. Clair County plenty of apportunity, I think, to levy the money that it would take to conduct that election . I I I . PRESIDING OFFICER: (SENATOR DUDVCZ) l I Senator Clayborne. I SENATORCLAYBORNE: 1 I Senatar Dunn, have you talked with the -- the city council or the Maycr from the City of East St. Louis, and have they indicated that they are not willing to contribute, or -- or budget the two hundred thousand dollars that they have budgeted? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn. SENATOR R . DUNN: w .. tmicrophone cutoffl...talked to the Mayor several times and he was here one day when we had the hearing, or I believe khey postponed the hearing that day, they took some testimony. But I yeah, I -- I know that the Mayor ls not in favor of doing this and I can understand that, there's a 1ot of patronage I'd imagine in such a job. And I -- I think i*'d be better if it was conducked by the county. And, of course, lf -- if this Legislature votes not to do that, why 1'11 abide by thelr decision. But it's my opinion, this will be a money savings and it would also speed up the elections and cause for earlter reporting of electton returns. I understand sometlmes East St. Louis waits till early morning before they get their election returns in. And I think this would help that. PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Clayborne. SENATOR CLAYBORNE: I . .. (microphone cutoff)...Dunn. In -- ln llstening to what You've had to say, it strlkesme that you talk about cost savings. j i Their are other munictpalities within thls State ehat also has an I I 105 ' 1% ----- .. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 38th Legislative Day April 26, 1995 ' I I i East -- that has a board of electlon. Howevery you have limited I I this bill only to East St . Louis. There 's Peoria, there's i I Rockford, there's Aurora, why aren'k they in this bill, Senator 1 I Dunn? Why have you just limited this to the City of East St. Louis? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Ralph Dunn. SENATOR R. DUNN: Thank you, Mr. -- I have part of St. Clair County in my district. I don't have any of Peoria, or Springfield, or Bloomington, or Rockford in my districtr so I thought if the Legislators frcm there nay want to do that, I certainly Would support them. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Clayborne. SENATOR CLAYEORNE: Yes. I -- I -- I would like to state that this bill has no rational basis. This is a bill that's dlscrimlnaèory against a town, a city that is probably ninety-percent Demccrat. It ts a -- a thwart on our society and our election, that Withcuk any allegations belng forward of fraudy that we Nould single the Clty of East St. Louis out. I would further state that this does not, and cannot, and will not, pass constitutional scrutiny because it is only designed -- it's only purpose is to be vlndictive against Democrats who have supported Democrat -- Democrats who have run for election. This is an arbitrary piece of legislation, With no rational basis, but a discriminatory piece of lesislation designed for vindictive purposes. This legislation -- the law was created ln 1885, for the City of East St. Louis and other muniçipallties that have a board of election by referendum, by the voters to determlne whether or not they want a board of electlon. We have Senator Dunn here and a feW othersy he talks about in the county, 106 L .. - I - STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 that are upset because they lost thls electicn. Well, T say to you, that the other municipalitles that have board of elections, that if you are Willing to See that the City of East St. Lcuis I I loses it's board of election, just because tbey voted and 1 ' supported the Democratic -- the cause, then I say that we should a1l be fearful that we Will not be able to vote our conscience and our mind. Thank you. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? Senator Collins. SENATOR COLLINS) Senator, questlon of the sponsorr please. PRESIDING OFFICER: (SENATOR DUDVCZ) Sponsor lndicates he will yield. Senator Collins. SENATOR COLLINS: Senatorr given that this bill -- does this blll preempt home rule units -- home rule powers? PRESIDING OPFICER: (SENATOR DUDYCZ) I senator nunn. 1 I SENATOR R. DUNN: . Thank you, Mr. Chairman. It doesn't and it doesn't need to, as far as I know . It's not a home rule matter. PRESIDING OFFICER: (SENATOR DUDYCZ) : Senator Collins. SENATOR COLLINS: Senator, I -- I don't -- I think it is a home rule matber. East St. Louis is in fact a home rule unit of -- of -- cf governmentr and therefore this bill preempts that ruling. And at the appropriate time I would ask the ruling of the Chair and -- I and how many votes that it takes for the passage of this piece of I legislation. And -- and commenting, I would just -- I really i I could just say, ditto to the conments made by Senator Clayborne. ! He's absolutely right when this bill became -- came before the I l07 ' l . . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 committee I raised some of the same issues and questicns with you. You know, thts is -- seemed to be a very personal: pclitical, I mean, issue herer and it should not be brought before this Body to resolve. If you've got some problems with getting your votes on ' ' ! tlme or tallies on time, have you talked with the people there in 1 ! East St. Louis -- have you talked With the clerk or the board I I people to see uhat the problems were in terms af them getting out I the election results on a more timely fashion? I PRESIDTNG OFFICER: (SENATOR DUDYCZ) ' I i Senator Dunn. I I SENATOR R . DUNN: I I Thank you, Mr. Prestdent. T -- I've talked ko people in St. I I Clair County and East St. Louis and I know that people in East St. Louis are not real happy about this, but we had a bill -- a vote justawhileagot bond issues. hatwassortofpartisanpolitëcs, I think, on I wouldn't want to say this is anything llke that, 1 I but sometimes politics does take over a little bit. I have a fmpact statement from the Department of Commerce and Community Affairs that I might read into the record: MSenate Bill 588, transfers the powers and duties of the East St. Lcuis Board of Election Commlssioners to the St. Clair County Clerk. The bill does not impact home rule powersr due to the fact that the bill does not preempt home rule authorlty.'' Prepared by -- signed by Dennis Whetstone, Director of the Department of Commerce and Community Affairs. PRESIDING OFFICER: (SENATOR DUDYCZ) Anyfurthgrdiscussion? SenatorTrotter. SENATOR TROTTER: 1 I Thank you very much, Mr. President. Will the spcnsor yield? I I PRESIDING OFFICER: (SENATOR DUDYCZ) l I I Sponsor indicates he will yieldr Senator Trctter. I I SENATOR TROTTER: i I l08 STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38*h Legislatlve Day April 26: 1995 I I I Thank you. This -- thls bill has been well debated. It Was debated very well and intensely in commitkee. However, of the sponsor, on the cost, lf I can get his attention. What 1 understand is: that there's -- there's going to be a savings, as Was brought up Senator Clayborne of seventy-five thousand dollars, and yet the cost of running these elections is two hundred and ninety thousand dollars. Where ls St. Clair County going to get that other two hundred and kwenty thousand dollars?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn.
Senator Trotter, I'm -- I'm not real sure where they 're going to get it. Same place the rest cf us, I guess, get money to run our elections. Every county and most a1l of the counties in the State, all but about ten areas, conducts countywide electkons and they get it fram the people in the district. This would be less expensive because of the combining of the two : as I understand it, so it'd only be one election boacd. It'd be the St. Clair County Election Board.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Trotter.
So what you're saying is that it wlll cosk two hundred and twenty thousand dollars cause it's just a savings. And the dollars thenselves would come from the taxpayers, is what youlre saying, correet? 'Cause I'm assuming, of course, ehat 6E. Clalr County isn't one of the rlchest counties that they have a big -- large coffers, so they will bave to raise these dollars from taxpayers be ik through property taxes or some other kind Lf referendum , correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn. l09 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislakive Day April 26, 1995 SENATOR R . DUNN: I I I couldn't quite hear everything you say: but I assume that your remarks are correct it will instead of costing two hundred and ninety or three hundred thousand dollars, it Will cost around two hundred and twenty thousand, as I understand it. And that's - - I have to admit that that may, I ean ': -- noe bound, I don't know that that's tbe figures, but that's the figures wefve gotten from the people down there and that's...
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Trotter.
Again, the bill has been well debated...tlnaudiblel... But to the bill, thts -- thks is obvlously a -- a bill that -- that no one in particular, but a few individuals want. I'm certain the taxpayers do not want another hit of tNo hundred thousand dollars on how -- on whatever their tax scurce may be. The county chairman has said he does not want this bill. The county clerk says he or she does not want this bill. The people of East St. Louis say they do not want thls bill. So, it's amazing that we in thls Body feel that We can make these kind of demands -- these kind of -- of impacts on individuals who -- who don't want it. This is a mandated bill. We're mandating something on individuals and that's -- tbat's wrong and incorrect and that is not the responsibility of thùs Body and I ask everyone for a No vote.
PRESIDING OFFICER: (SENATOR DUDVCZ) Any further diseussion? Senator Palmer. SENATOR PALMER; Thank you: Mr. President. Questicn of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he uill yield. SenaEor Palmer.
Idd like to follow up on Senator Trotter's question. With a11 ll0 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26z 1995 ; of those people and cities and so forth who donft want this bill, I who wants this bill? i PRESIDING OFFICER: (SENATOR DUDYCZ) I : Senator Dunn. I SENATOR R. DUNN: I Thank -- thankyou,sir. Ituasn'tmyidea,SenaEorPalmerr 1 tbat I introduce this bill. I have some constituents who live and reside ln St. Clair County, and they have asked me, say that they think that elections will be improved, they think that cost savings would be effected if it was al1 under one -- under a ccunty lnstead of under two different election boards and for that reason I introduced this bill. I think we a1L (ntroduce bills for the same ceason.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Palmer.
Senator Dunn, I have such tremendous respect for you and I surely appreciate your honesty -- soy that this -- to the b1l1v this is a very bad bill. And it is setting a terrible trend here. Lock what we're doing, wefre telklns a community the cost of elections is two hundred and nineky thousand dcllars, of which they are paying two hundred thousand. And we are saylng that we're going to take the most fundamental right to count your own votes in a -- a town with a bome rule, and take that away and give lt to a county. And we're not going name even Who wants this bill. And we 've got a laundry list of people -- of legitima*e county and city officials who don't want iE. I sussest we vote No very qulckly on this btll.
PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? Senator Welch.
I have a point of inquiry of the Chair. 1 I lll I 5 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26 , 1995 PRESIDING OFFICER: (SENATOR DUDYCZ) I S6Z2C MCCC MCiR6* i I I SENATOR WELCH: Senator Collins asked for a ruling from the Chair on whether thts was in violation of home rule. Senator Dunn read a letter from the Department of Commerce and Communtty Affairs, in the opinion of Dennis Whetstone? it didn't violate hcme rule provisions. Are -- are we now turning over the authority to determine if these bills violate home rule to the Department of Commerce and Community Affairs. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch, the Chair's prepared to rule that lt takes thirty to pass Senate Bill 588. Senator Welch . SENATOR WELCH : So -- so the answer to my question is Yes. PRESIDING OFFICER: (SENATOR DUDYCZ) No. The answer to your question is that the Chair rules thlrty votes are needed. Any further discussion? Senator Jones. SENATOR JONES: ' Well, a follow-up on that part -- on the question by the previous speakers as related to home rule. Now I'm really shocked that we have a bureaucrat appointed by the Governor as Director of Commerce and Communlty Affairs, who no doubt, I belteve, cannot even read the Constitution of the StaEe of Illinoisy and have the audacityy Senator Dunn, to write a hame rule note. Now the Constitution -- the Conskitution clearky sets forth, what is a home rule unit. Which -- and -- and we, as Members of this Bodyy should not 1eE a political bureaucrat write a political note and to determlne What is a home rule unft. I'm - - I'n shocked that ue even -- we even confirmed this individual, if we did, for that position. I am shocked, because if you look at the Constitution - and it's no laughin: matter - the l12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Constitution clearly spells cut what is a home rule unit. Any population more than twenty-five thcusand that has an elected I administration r as -- elect a mayor r they elect counci.l pe rsons , l they set forth their policies , this ls part of East St. Louis and we go* this dumb bureaucrat, that we no doubt probably confirmed, saying that this dces not impact the home rule powers. It's an insult tc the intelligence of each of us sitting here. We should reject thls bill and -- and -- and, Mr. President, you're sitting there, and I want -- I wculd like to know the basis of your ruling. What legal grounds do you base your ruling that this does not require three-fifths vote? I Would like to know that.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones, shortly you will have a response to your 1 ! request. Any further discussion? Senator Watson.
Yes. Thank you, Mr. President. First of all, on the last speaker talked about the -- the new Director of the Department of Commerce and Community Affairs and I thlnk made some very despairlng remarks concerning himr and I take exception to that. And I think anybody Who knows him and knows hts sincerity and the work that he does, and what he's trying to do for this State, would take deep exception to that also. He's going what he has to do . This is not necessarily a personal letter from him. He ts responding to the home rule note that we have here as part of our functions. He's responding to that, so I -- I know that the previous speaker probably really didn't mean what he said when he talked -- made the personal attacks on Dennls Wbetstone, but I thlnk that was unfortunate. As far as the legislatlon goes, and I thlnk there is some confusion on the Floor, as I talk to many of you, is EhaE this only impacts one particular election board. It does not impact the other election boards in this -- in this State. Part of the problem, or part of why this needs to be done ll3 . 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 is because of the population decrease in the -- in the East St. Louis area, stmply dcesn't require the necessity for such a board. And you -- you llve an area such as this, in which they have different election authorities, the consistency of having o7e individual who handles the elections such as the county clerk, this particular case, and in most counties: makes the whole election process go smoother. I think the consolidation of al1 of the elections into one office just makes good sense. And the cost savings, let's talk about some cost savings, county qovernments including the area of East St. Lcuis, certatnly having a prcblem in dealing with many of the financial demands that we have tcday. This creates a cost savings. Soy I think the fact that Senator Dunn has made this tnitiative of hisr and a concern of his, he should be -- should -- should thanked for bringing this before the General Assembly, and hopefully the -- the Membership wl11 support his efforts.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Boules.
Thank you: Mr. President. I rlse in opposition to thls bill. Senator Dunn, I think that you Were present at -- when some of the testimony was given. don't know if you were there w1th the original testimony, but were you akare that East St. Louis ln the process of replacing the antiquated AVM machines, so that they will have rapid -- more rapid tabulation on election night? Were you aware of that?
PRESIDING OFFICER: (SENATOR DUDYCZ) SenaEor Dunn.
No. Nor I wasn'tw Senator.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Bowles. l14 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 26r 1995
Also, Senator Dunn and Senator Watson, the questlon of population decrease and the population of East St. Louls was questionedy there are two other electlon boards that have fewer population than East St. Louis. One is Danville, which Senator Woodyard's district; the other is Galesburg, which is in Senator Hawkinson's district. And so that, actually, the matter population do you really think that that is a consideration view of the other two boards?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn.
I I didn't know what the populatlon of the other two boards were. If I were a Senator from one of those districts might introduce such legislation there, but I didn't know that other boards were smaller than this. But when East St. Louis was at tts helght it was close to a hundred thousand people. It was a growing, flowing community, but lately it's been goin: down and I had talked about doing this for another year or two earlier, and I thought, well, better do it know whlle hopefully can, and I appreciate support of the -- of the Senate -- of the Senate.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Bowles.
Just to conment. There has been a tremendous effort made by Jimmy Lewis and the election board ln Eas: :t. Louls Eo improve the elections process. I Worked with those people for a number of years, and admittedly, there was a time when was a bad situation. But that situation is being corrected, and I would ask for a No vote on 588.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Senator Jones, for a STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 1995 second time.
Yeah. Thank you, Mr. President. I apologize for rising a second time, but this is a very serious matter and due respect to my colleague Senator Watson. Perhaps maybe the Director doesn't know that his signature is on somethinç that should noe be. Now that is a great possibility. However, he should check those employees who are writing -- putting something in writing as relate to home rule powers, and he going to make the determination as to whether the home rule unit is. That's a bad pollcy to set forthr and we who serve here in this Body we who serve in this Body, and listen to the rulings of the Chair, make that determination. But the Constitution is explicit along these lines, so if he's aware of that, he hasn't gct any business writing a -- a -- a -- a fiscal impact or home rule note. That is not his job. So thereforey I don't know who the Director I don't believe I've ever seen him before, but he cannot be making a statement that polltical, that is erroneous, does not follow the dictates of the Constitution, and -- and Mr. President, I'm quite sure you 'll -- you 'll tell me the legal basis for your ruling and...
PRESIDING OFFICER: (SENATOR DUDYCZ) The the Parltamentarian researching it, as you speak, Senator.
.- and prior to *he vote, because I'd like to appeal the ruling of the Chair.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senatcr Collins, for a seccnd time.
I think Senator Jones has basically clarified what I wanted to say. But, I quessr the -- the question isy whether or ll6 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 38th Leglslative Day Aprll 26, 1995 i not the fkscal impact note was requesbed from DCCA or whether or not a ruling on -- on preemptlve powers were requested . And -- and it's up to the Senator requesting the fiscal note to make a determination what they 're supposed to request. And -- and that was not to be included in the note. So, maybe the Director is not even at -- at fault for doing so, or his staff. And I agree wtth Senator Jones, because I don't know the man either and that Was not the intent. PRESIDING OFFICER: (SENATOR DUDYCZ) The Senate will stand at ease for a feW moments while the Chair confers with the Parliamentarian. Senator Jones: it is the opinion of the Chair that Senate Bill 588 will need thirty votes to pass. The basis being the board of election commissioners are not deflned as bein: home rule units in the Election Code. Senator, if there is no further discussion -- Senator Jones. SENATOR JONES: Well, I -- I disagree totally with your rullng, because it was the home rule unit that put -- that created the -- by referendum that -- that set up the election board, so therefore, I totally dlsagree with your ruling. But, as a result you have ruled, therefore, I'd like to appeal the ruling of the Chair. PRESIDING OFFICER: (SENATOR DUDYCZ) That request is in order. The question is, shall the ruling of the Chair be sustained? All those in favor of suskaining the ruling will vote Aye. A11 those opposed to sustaining the ruling W1ll vote Nay. The votinç ls epen. Have all voted who wksh? Have a11 voted Who wish? Have all voted who Wish? Take the record. On Ehat question, *he Ayes are 33, the Nays are 25. Having failed to receive the necessary three-fifths negative votesy the appeal fails and the ruling of the Chalr ls sustained. If therels no further dlscusslon, Senator Jones -- Senator Ralph Dunn to close. i I 117 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatkve Day April 26r 1995
Thank you, Mr. President. I think we've had quite a bit of debate on this. want to point out to Senator -- Senator Clayborne that not trying to change anyone's vote. He mentioned that this was al1 a Democrat area down there and thinkinq maybe this would do away With the Demccrat votes. don't suspect a single person will change their vote whether they are votin: the East Louis election distrlct or whether voting in St. Clair County. That was not done to change anyone's vote or to keep the Democrats from voting, that would be ridiculous. It's not going to change any votes, it's going to save some money and it's kind of a consolidation effort on my part and I'd certainly appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question isy shall Senate Bill 588 pass. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have all voted Who wish? Have voted who wish? Have al1 voted who wish? Take the record. On that queskion, there are Ayesr 26 Nays, none voting Present. And Senate Bill 588 having received the required constitutional majority, is declared passed. Senator Clayborne, for what purpose do you rise?
Yes. Verification call.
PRESIDING OFFICER: (SENATOR DUDYCZ) Your request is in order. Senator Clayborne has requested a verification. Will all Senators be in their seats. The Secretary will read the affirmative votes.
The following Members voted in the affirmative: Barkhausenz Burzynski, Butler, Cronin, DeAnselis, Dillard, Donahue, Dudycz, Ralph Dunnr Fawell, Fltzgerald, Geo-Karis: Hasara, Karptel, Klemm, Lauzen, Madigan, Mahar, Maitland, O 'Malley, Parker, Peterson, STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Petka, Raica, Rauschenbergerr Sieben, Syverson, Walsh: Watson: Weaverr Woodyard and Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Does Senator Clayborne questicn the presence of any Member votlng in the affirmative?
Yes. Walsh. Senator Walsh.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh ln the rear of the Chamber.
Senator Syverson.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson ls standing next to Senator Walsh.
Senator Sieben.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Sieben. Is Senator Sieben in -- in the Chamber? Senator Sieben. Madam Secretary, strike his name.
Senator Fitzgerald.
PRESIDING OFFJCER: (SENATOR DUDYCZ) Senator Fitzgerald. Is Senator Fitzgerald in the Chamber? Madam Secretary, strike his name.
Senator Klemm .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senatcr Klemm 's in his seat.
Senator Maitland.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Maitland. Senator Maitland is in the Chamber.
I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Senator Barkhausen. I I PRESIDING OFFICER: (SENATOR DUDYCZ) I I Senator Barkhausen is in the Chamber, sittlng next to Senator Cronin. . SENATOR CLAYBORNE: Senator Peterson. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson's in his chalr. SENATOR CLAYBORNE: Senator Woodyard. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard is in the Chamber. Does Senator Clayborne question the presence of any other Member voting in the affirmative? SENATOR CLAYBORNE: One second. PRESIDING OFFICER: (SENATOR DUDYCZ) Does Senator Clayborne question the presence of any other Member voting in the affirmative? SENATOR CLAYBORNE: Senator Hasara. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hasara is in her seat. Okay. On a verified roll call, the Ayes are 30, the Nays are 26, none voting Present. Having received the required constttutional majority, Senate Bill 588 is declared passed. The mlddle of page 10, Senate Bills on the Order of 3rd Readinq? Senate Bill 596. Senator Hasara. Madam gecretary, read *he blll. ACTING SECRETARY HAWKER: Senate Bill 596. (Secretary reads title of bill) ! 3rd Reading of the bill. : l l20 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26r 1995
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hasara.
Thank you, Mr. Presldent. Senate Bill 596 deals with access to adolescent records under the Mental Health Act Ksic>. There has been a lot of confusion about what this law really says, and one of the purposes of this bill is to clarify what is really meant by the leglslation. Let me you how this came to me and think some of you Will probably be surprisedz and hopefully Wil1 agree with what I'm tryin: to do. I have had several parents come to my office over *he last couple of years who have had minor children with -- requirin: some kind of, usually, inpatient mental health care some kind of a facllity. Upon discharge, as the law currently is being interpreted by many institutions, a parent eannot have any access to his or her children's record. These are young people who are obviously very disturbed. They are released from a hospital often because insurance runs out. They obviously are -- are not wellr and 1, as a parent, cannot even know what the diagnosis of my child is, under this record. Parents have come to me because they obviously want what is best for their children and have no ldea how treat the chlld, don't know what kind of treatment the child has had: and under this Act, it's being interpreted very often that they have no right to the record Without going to court. So I have filed this bill to help change that and 1et me tell you exactly what it does. First of allr the mlnor ls lnformed that his or her parent wants access to *he record and maybe the minor will say thatfs fine and there's no problem. If Ehe minor says, HNo, I do not want my parents to have access to the recordv'' the therapist then has the right to go into the record Eo determine if, in fact, there is a valid therapeutic reason that the parent should no* have access to that record. Obviously, generally this would be a case of scme kind cf abuse, STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 by on the child by the parent. In that case: no one would want the parent to have access to that record. However, if the theraptst finds no compelling reason ta deny access, then the parent may have access to the record.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bi11 596 pass. Those in favor will vote Aye . Opposed will vote Nay. And the voting is open. Have a1l voted who wish? Have voted who wish? Have al1 voted who wish? Take the record. On that questiony there are 56 Ayes, no Nays, none voting Present, and Senate Bll1 596, having received the required constitutional majority, is declared passed. With leave of the Body, we Will return to Senate Bill Senator Donahue. Madam Secretary, read the bill.
Senate Bill 427. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue.
Thank you, Mr. Presidenk, Ladies and Gentlemen of the Senate. Senate 427 the Hospital Lien Act, and what it does someone has received treatment from a hospital and is due to receive an insurance settlement, this bill simply says that the hospiEal must be lnformed of that settlement so that the cost associated with the person's treatment -- that the hospital ean s*atutorily perfeck lien. And so I know of nc oppositicn, and Would siEply ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, the question is, shall Senate Bill 427 pass. Those in favor will vote Aye. Opposed will vote Nay. STATE OF ILLINOIS 89TH GENERAL AfSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26r 1995 And the voting is open. Have a1l voted who wish? Have a11 voted I who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 427, having qeceived the required constitutional majority, is declared passed. Bottom of page 9, Senate Bill 562. Madam Secretary, read the bill.
Senate Bill 562. (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue.
Thank you very much, Mr. President. The Commlttee Amendment No. l becomes the bill. So any of you that are readin: maybe your first analysis of the bill, it is no longer relevant. 3ut Committee Amendment No. 1 simply allows that Department of Public Aid must pay ambulance services and ambulance providers the distance that they actually traveled, especially in situations where we have canstruction, Neather conditions, or natural disasters. I would ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 562 pass. Those in favor Will vote Aye. Opposed will vote Nay. And the voting's open. Have a1l voted who wish? Have a11 voted who wlsh? Have a1l voted who wish? Take the record. On that question, there are 58 Ayesy no Nays, none voting Present. And Senate Bill 562, having received the required constltutional majorlty, is declared passed.We Will ncw return to the Order of Senate Bills 3rd Reading, page -- in the middle of paqe l0. Senate Bill 597. Senator Bowles. Senate Bill 611. Senator Donahue. Senate Bill 613. Senator Weaver. Madam Secretary, read l23 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 I the bill. I
Senate Bill 613. (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
Thank you, Mr. President. Senate Bill 6l3 is the Dental Practice Act. We 've -- in committee there were some concerns and so we've amended this bill to meet the concerns of the dental hygienists. We've also reduced the sunset to ten years. Contains general clean-up languager throughout. It changes the specialty terminology; increases the penalty for unlicensed practice; and changes the temporary teaching license to restricted faculty license. So, if anyone has any questions, I'd be happy to answer them , but I think it's in pretty gcod shape.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the questicn is, shall Senate Bill 613 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 613, having received the required constituticnal majoritys is declared passed. Senate Bill 616. Senator Maitland. Madam Secretary, read the bill.
Senate Bill 616. (Secretary reads title of blll) 3rd Reading of the bill.
PRESIDING OFFZCER: (SENATOR DUDVCZ) Senator Maitland. l24 . ( STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995
Thank you very much, Mr. President, Members of the Senate. Under current law, hospital license ts only valid on a -- on a single premises. This bill would seek to deflne premlses as the - - locaeion or locations where a hospital conducts its operations and has the following distinct charactertstics: ownership by a slngle entity; a single board of direetors) a single CEO; and the multiple premises have a common primary service area. -- I would be happy respond to any questlons that you might have. Otherwise, would seek your support of Senate Bill
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is: shall Senate Bill 6l6 pass. Those in favor Will vote Aye. Opposed wlll vote Nay, and the votlng open. Have voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that questionr there are 58 Ayesr no Nayse none voting Present. And Senate Bill 620, having received the required constitutional majority: is declared passed. Whcops! Make that 616. Senate Bill 620. Senator Butler. Madam Secretary, read the blll.
Senate Bill 620.
PRESIDING OFFICER: (SENATOR DUDYCZ) Out of the record. Senate Bill 623. Madam Secretary, read the bill.
Senate Bill 623. (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR DUDTCZ) Senator Butler.
Thank you, Mr. President. Ladles and Gentlemen, this -- the 125 I STATE OF TLLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION ; SENATE TRANSCRIPT I 38th Legislattve Day April 26, 1995 necessity for this bill was brought to me by the Humane Society, who have documented the abuse af animals who are rented, so to speak, as guard dogs at various installations. We have -- we -- thase of you Who attend the -- the several hearings we've had on this bill, I'm sure wtll remember the shocklng photas we saW cf the conditlon of those animals. It is -- the Humane Society rightly so has been very incensed that -- that -- and insisked that something should be done about this. I've workêd with the National Humane Society in Washington, D.C.: and I thlnk We have modeled this bill after some of the best bills throughout the gnlted States. There are some fourteen conditions which have to be met, most of which deal with the condittons under which the animals can be put to work. It also establishes several conditions as to how the animals shall be - excuse me - treated while on duty, so to speak. We've -- as I sald we've had several hearings on this. We had some good suggestions. We made several changes in the -- in the bill. It came out of committee unanlmously, and I Would appreelate your vote this afternoon. PRESIDING OFFICER: (SENATOR DUDXCZ) Is there any discussion? Is not, the question 1s, shall Senate Bill 623 pass. Those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have all voted who Wish? Have al1 voted who wish? Have all voted Who wlsh? Take the record. On that question, there are 56 Ayes, no Nays, none votin: Present. And Senate Bilk 623, having received the requtred constitutional majority, is declared passed. Senate Bill 626. Senator Mahar. Madam Secretary, read the bill. ACTING SECRETARY RAWKER: Senate B&11 626. (fecretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DDDYCZ) l26 I I . .j ' 1 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Senator Mahar.
Thank you, Mr. President and Members. This bill requires the Department of Mental Hea1th and Developmental Disabilities, conjunctton with the State Treasurer, to develop a program to assist families with chtldren Who have developmental disabtlities or a mental illness. The program will offer low-interest loans tc families with chlldren who are developmentally disabled or mentally in order to allow the family to sell their hcmes and turn them into a community-integrated living arrangement, better known as a CILA . Thls bill passed unanlmously out of committee. The Department of Mental Hea1th supports it. I know of no opposition. would ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is: shall Senate Bill 626 pass. Those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have all voted who wlsh? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question: there are 55 Ayes, nc Naysz none voting Present. And Senate Bill 626, havlng reeeived the required constitutional majority, is declared passed. On the top of page 11y Senate Bills on the Order of 3rd Reading, Senate Bill 628. Senator O'Malley, do you wish this bill returned the 2nd Reading for the purposes of an amendment? Senator O'Malley seeks leave the Body to return Senate Bill 628 to the Order of 2nd Reading for the purpose of an amendment. Hearlng no objectlon, leave ls granted. On the Order of 2nd Readin: is Senate Bill 628. Madam Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2: offered by Senaeor O 'Malley.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O 'Malley. l27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995
Thank your Mr. President. Floor Amendment to Senate Bill 628 requires an indictment or finding of probable cause at prelimipary hearing, and further requires that the lessee or occupant, to indict, must have executed a lease addendum for drug-free housing pursuant to HUD rules before any eviction proceeding could -- could contlnue under this legislation.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, a1l those favor, say Aye. Oppcsed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for ccnsideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bl11 636. Senator Parker. Out the record. Senate Bill 640. Senator Hasara. Madam Secretary, read the bill.
Senate Bill 640. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hasara.
Thank you, Mr. President. Senate Bill 640 amends the Probate Ac* to limtt the liablllty of health care providers and others who rely cn on their acts or carry out the directions of the guardian, standby guardlan or short-term guardian. ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 640 pass. Those in favor will vote Aye. Opposed Will vote l28 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Nay, and the voting is open. Have a11 voted who wish? Have a11 voted who wlsh? Have all voted who wish? Take the record . On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 640, having received the required constitutional majority, is declared passed. Senate Bill 643. Senator Philip. Madam Secretary, read the bill.
Senate Bil1 643. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 643 abolishes the Citizens Assembly. They have a budget of about three hundred seventy-eight thousand dollars, about eight employees. And quite franklyy it's a 1ay of government that we do not need. And what I'm suggesting that we use our committee system that is intact now. If we have a sensitive subject We want to studyy we can certainly put it lnto a subcommittee of the committee that deals with that subject. Be happy to answer any questions. Ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall SenaEe Bill 643 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have a11 voted Who wlsh? Have voted who wish? Take the record. On that questton, there are 40 Ayes, 11 Nays, 1 votlng Present. And Senate Bill 643, having received the required constitutional majority, is declared passed. Committee Reports.
1 STATE OF ILLINOIS ! 89TH GENERAL ASSEMBLY i REGULAR SESSION I SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Senatcr Weaver, Chairman of the Committee on Rules, reports that the following Legislative Measures have been assigned to commlttees: Referred to Appropriations Commietee - Senate Amendment No. l to Senate B1ll 501, Senate Amendment No. 2 to Senate Bill 502, Senate Amendment No. 2 to Senate Bill 503, Senate Amendment No. l to Senate Bill 504 <sicl, Senate Amendment No. 1 to Senate Bill 505, Senate Amendment No. 1 to Senate Bill 882, Senate Amendment No. 1 to Senate Bill 1106, Senate Amendment No. 1 to Senate Bill 11077 referred to the Executive Committee - Senate Amendment No. 2 to Senate Bill 720: referred to the Judiciary Committee - Senate Amendment No. 2 to Senate Bill 81; referred to Revenue Committee - Senate Amendment No. 5 to Senate Bill 4017 and Be Approved for Consideraticn - Senate Amendment No. 2 to Senate Bill 2ly Senate Amendment No. 2 to Senate Bill 403, Senate Amendment No. 2 to Senate Bill 739, and Senate Amendment No. 2 to Senate Bill 1122. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Palmer, what purpose do you rlse? SENATOR PALMER: Mr. President, a point of personal privilege. PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR PALMER: I was otherwise engaged when Senate Bill 643 came up for a vote. Had I voted, I would have voted No on this. I'd like the record to reflect. PRESIDING QFFICER: (SENATQR DUDYCI) The record shall so reflect. SENATOR PALMER: Thank you. PRESIDING OFFICER: (SENATOR DUDXCZ) On the Order of Senate Bills 3rd Reading, Senate Bill 674. I l30 l . . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Senator Karpiel. Out of the record. Senate Bill 682. Senator Maitland. Senator Maitland. Senate Bill 690. Senator Weaver. Madam Secretary, read the bill.
Senate Bill 690. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
Thank you, Mr. Presldent. Senate Bill 609 <s1c> (690) is a vehicle bill, lf we come to some agreement about any change we might like to make -- the Board of Higher Education. So I'd like to send it over to the House and keep it rolling along.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Jones.
Yes. Mr. President. Could the sponsor yleld? I know when we passed the legislation as relate the Board of Regents and Board of Governcrs now, and is there any anticipation as -- taking powers and shiftin: to the Board of Higher Education? He -- can you give some idea as to What you plan to do?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Weaver.
Well, Senator Jones, would be my thought to wait until after the new trustees are appointed and get lnto operation before we do any fiddling With the Board of Higher Education. There's some concern that the Board of Higher Education wants more power. There's some concern that they have too much power. So I will it's not my intention to move this bill or to even change anything that's done to the Board of Higher Education until we STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 kind of experience the new trustees as they are appointed by the Governor. And if there's need for change, we'll lcok at it.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones.
Well, is is there something on the table to take the SIU School of -- of Medicine and -- and give that to the University Illinois? Is that something you 're talking about putting in here, taking SIU School of Medicine and and giving to the University of Illinois?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
There 's certainly nothing intended to be done, on any level; until thorough hearings are held . There are some that think that every instltution - the fourteen in the State of Illinois - should be represented on the Board of Higher Education, some think the junior colleges and on, and onF and on. don't intend to move thls bill or to change the function of the Board of Higher Education until everyone comes to an agreement and We see a need.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discusston? Senator Palmer.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indtcates he wlll yleld. Sena*or palmer. SENATOR PALMER; Senator Weaver, when does the breakup of the Board of Regents and Board of Governors go into effect?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
132 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslatlve Day April 1995 January 1, I belive, '96.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Palmer.
So that, between now and then, they are still under the supervlslon of the Board of Governors and Board of Regents the universities that are part of thase systems?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
That is my understanding.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any furEher diseussion? not, Senator Weaver, close. The question is, shall Senate Bill 690 pass. Those in favor will vote Aye. Opposed will vote Nay. And the votinç is open. Have all voted who wish? Have all voted who wish? Have al1 voEed who wish? Take the record. On that question, there are 34 Ayes, Nay, 22 voting Present. And Senate Bill 690, having received the required constitutional majorityy ls declared passed. Senate Bt1l 728. Senator Woadyard. Senate Bill 739. Senator Butler. Madam - - Senator Butler, do you wish this bill returned to the 2nd Reading for the purposes of an amendment? Senator Butler seeks leave of the Body to return Senate to the Order 2nd Reading for the purpose of an amendment. Hearing no objectian. Leave ls granted. On the Order of 2nd Reading is Senate Bill 739. Madam Secretary, are there any Floor amendments have been approved for constderation?
Amendment No. 1, offered by Senator Butler.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.
STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26y 1995 Mr. Presidentr I move that we table Amendment No.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator -- Senator Butler moves we table Senate Amendment -- Floor Amendment Na. Hearing no objection, leave is granted. Are there any other Floor amendments approved for considerationr Madam Secretary?
Amendment No. 2, cffered by Senator Butler.
PRESIDTNG OFFICER: (SENATOR DUDYCZ) Senator Butler, on Amendment No. 2.
Thank you, Mr. Speaker. Amendment No. is a result some discussions over the bill Nith the IEA, and it removes one of their major objections to the b111.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, a1l -- al1 those in favor, say Aye. Opposedy Nay. The Ayes have it, and the amendment is adopted. Any further -- Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DPDYCZ) 3rd Reading. Senate 749. Senator Maitland. Senator Maitland. Senator Demuzio, for what purpose do you rise?
Yes. On Senate Bill 643 I wish the record to reflect that, had I been ln my seat and not out talking wlth constituents, I would have voted ln the negaEive.
PRESIDING OFFICER: (SENATOR DUDVCZ) The record shall so reflect, Senator Demuzio . Senate Bill 749. Senator Maitland. 0ut of the record. Senate Bill 753. Senator Berman. Senate Bill 758. Senator Mahar. Mr. Secretaryr read the bill. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 I
Senate Bill 758. (Secretary reads title of bill) 3rd Reading oë the btll.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar.
Thank you. Thank your Mr. President and Members. This expands the eligibility for programs funded or administered by the Department of -- by DASA, DCFS, and Mental Hea1th to al1 individuals, corporations or other entities, regardless of their fo- profit or not-for-profit status. This passed out of the Public Hea1th Committee over the objection of DCFS and Mental Hea1th. We since added amendment -- a Floor amendment which satisfies them . They are now in support, and I know of no opposltion.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 758... Those in favor will vote Aye. Opposed will vote Nay. And the votin: is open. Have all voted who wish? Have a11 voted who Wish? Have a11 voted who wish? Take the record. On that questionz there are 57 Ayes, no Nays, none voting Present. And Senate Bill 758, having received the required constitutlonal majority, is declared passed. Senate Bill 772. Senator Philip. Madam Secretary, read the bill.
Senate Bill 772. (Secretary reads title of bill) 3rd Reading of the b111.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.
135 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Thank you, Mr. President, Ladies and Gentlemen of the Eenate. Senate Bill 772, the Amendment No. 2 became the whole bill. It only deals with counties between seven hundred thousand and three million. That means Dupage only . What it does is give the county - - the county board president the -- the authority to line item -- llne item veto any department budget. It allows the county boardr if so desire - like our Governor does - to override the president of the county board's veto with three-fifths. It also, for the first time, includes the Public Hea1th Department and the Dupage County Airport. The thinking behind this, quite franklyr is: As you know, the Health Department and the Dupage Airport Authority both have a tax rate. The people that increase those tax rate are appointed people, not elective people. Now their tax rate and their budget have to go to the county board, and the county board has to agree What they have done. Sa, be happy to answer any questions and ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Jones.
Yes. Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Jones.
Yes. Senator Philip, on a previous bill, I belleve Senator Karpiel had, and she indicated that -- the question came up as it relate to auditlng, and they said those provisions was taken ou* and placed in a blll you were sponscring . So, are those auditing provisions in this bill?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.
There is no auditing positions in this bill. If I remember 136 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legtslative Day April 1995 eorrectlyr last Sesslon or Sesslon beforey we passed a bill. They are audited now by the Department of Transportation and that audit is filed, I believe, yearly. So we already made them do that, Senator Jones.
PRESIDING OFFICER: (SENATOR DUDVCZ) Is there any further discussion? If not, the question is, shall Senate Bill 772 pass. Those in favor Will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have al1 voted who kish? Have all voted who wish? Take the record . On that question, there are 57 Ayes, no Nays, none voting Present. And Senate Bill 772, having received the required eonstitutional majority, is declared passed. Senate Bill 787. Senator Severns . Senate Bill 788. Senator Karpiel. Senator Karpiel, do you wish this bill returned ta the 2nd Reading for the purpcses of an amendment? Senator Karpiel seeks leave of the Body to return Senate Bill 788 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection: leave is granted. On the Order of 2nd Reading is Senate Bill 788. Madam Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Karpiel.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel.
Are you talking about Amendment No. 2. did you say? Yes. Okay. Amendment No. ta Genate Bill 788 would prohlbit the forest preserve districts from actually operatlng the gift shops, cafeterias, restaurants: et eetera, that they lease to a -- and make them lease it or contract it out to a private company.
FRESIDING OPPICER: (SENATOR DUDYCZ) Is there any discussion? If not, a1k those in favor, say Aye. Opposed, Nay. The Ayes have it: and the amendment is adopted . Are STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 there any other Floor amendments approved for consideration? !
Amendment No. 3, offered by Senator Karpiel. PRESIDING OFFICER: (SENATOR DUOYCZ) . Senator Karpiel.
Except for -- Amendment No. 3? Is that what we're on? Thank you. Amendment No. 3 simply grandfathers in some of the contracts that are ncw already letr or that are -- some of these facilities that are already being run by forest preserve diskrlcts, but prospectively they will have to be contracted out to a private organization.
PRESIDING OPFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Welch.
I have a question of the spcnsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she Will yield. Senator Welch.
Senator Karpiel, are these gift shops making money? Are they profitable?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rarpiel.
Senator, I don't know if there are any gift shops being run right now. I -- Ehe bill -- the actual underlying bill allows forest preserve districts to establish them .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
So, is the idea, Senator, that the State would be getting money by lettin: private businesses run gift shops or other shops ! l38 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 26, 1995 on State property?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel.
These are downstate forest preserve districtsr not State. This is not the State. And same of them are operating some snack shops and restaurants 1n, believe, some of their golf course factliEies.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not: all those favor, say Aye. Oppcsed, Nay. The Ayes have lt, and the amendment ls adopted. Any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 793. Senator Butler. END OF TAPE TAPE 4
PRESIDING OFFICER: (SENATOR DUDYCZ) Senate Bill 802. Senator Barkhausen. Madam Secretary, read the bill.
Senate 802. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) l39 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Senator Barkhausen.
Thank you, Mr: President and Members. Senate Bill 802 is meant to address, in a significant wayy the problems that we face and need to confront before we adjourn this Session, deallng with the problems experlenced by the Chicago schocl system . It is not the only answer, but in my opinion, it is a major part of the answer. Senate Bill 802 would redefine the scope of mandatory collective bargalning for the Chicago school system back to really what it originalky was when mandatory collective bargaining for public employees was approved by the General Assembly more than ten years ago. Since the adoption of mandatory collective bargainin: for public employees, the courts that havè been called upon to tnterpret the Statute have taken, I think fair to say, or at least in many of our opinions: an unduly broad -- have have exercised an unduly broad interpretation of what should fall wlthin the scope of mandatory collective bargainlng, and have thereby included within that scope several things that many of us never anticipated they would. And so this legislation comes about, in part, for that reasony but alsor in major part, because We recognize the particularly difficult situation that the Chlcago schools are in as they attempt to keep their operatians not only going, bu* to improve them and to provlde the education for the children Chicaço that we all Want to brin: about. So part the rationale for this legislation is the unusually difficult situation that, clearly, the Chlcago school system finds ltself ln. And we/ as the General Assemblyr whatever varying attitudes abaut this situation, cannot ignore the problem r and need to address head-on. have been a Member of the General Assembly long enough to recall that under someWhat similar circumstances in this particular case back 1983 - when the Regional Transit Authority and the Chicago Transit Authorityy noW 140 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 part of the Regional Transit Authority, were facing not totally dissimilar trying circumstances brought about, in that particular situation, by labor costs that were rapidly increasing, in part, as a result of increases ln the cost of living and a proviyion in the CTA'S collective bargaining agreement that contained a COLA tied to what was then a very rapidly inereasin: cost of living, and also a provision in the CTA collective bargaining agreement that prohibited the Authority from hiring part-time workers. We, as a General Assemblyr at that time obviously controlled in both houses by the opposite party, passed legislatian that not only would remind the Members not only restricted the scope of mandatory ccllective bargaining, but actually went several steps beyond what this legislation proposes to do, that actually prohtbited *he Authority from agreeing to future collecttve bargaining agreements that included either a COLA or a provision banning -- or, barrlng the hiring of part-tlme workers. We will heary I'm sure, ln the course of this debate, a charact/rization of this legislation as a mandate imposed on the Chicago school system and on the union. And I Would b0th disaqree vehemently with any such characterization, but would also again remind the Members that under somewhat slmilar circumstances back in 1983, a Democratic General Assembly passed legislation imposed on the CTA and the unlon that truly was a mandate that said the Authority may not agree to certain types of provisions ccllective bargaining agreement. This legislation, on the other hand, doesn't tell the Chicago School Board that Ehey Eha: Ehey shall not barqainr that they may not bargain. It simply says they don't have to and that these particular items spelled out in this legislation will not fall within the scope of mandatory collective bargaining that they must adhere to. Ilm sure there'll be lots of discussion. I'd be glad to try to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) l4l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38*h Legislative Day April 1995 fs there any discussion? Senator Palmer.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OPFICER: (SENATOR DUDYCZ) Sponsor indieates he will yield. Senator Palner.
Senator Barkhausenr as I understand it from my analysis - and I'd like for you to correct me I'm wrong or tell me that I'm correct under current law, inherent managerial policy ineludes only functions of the employer, the standards of service, the overall budget, organizational structure, et cetera. It does nct include the selection of -- rather, it does not include such matters as laylng off employees, cutting hours, cetera, et cetera, which are uithin the purview of collective bargaining because they have a direct impact on wages, hours and conditions of -- employment. So it looks as if, through this bill, you are changing the very deftnttion of what collective bargalning is. Is that fair to say?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Barkhausen. SENATOR BARMHAUSEN; don't think so, Senator Palmer. What we are trying to do here is to give further definition to the somewhat vague language of the original collective bargaining Statute passed by the General Assembly. For exampler one of the phrases included Within the deftnition of 'lnherenE managerial policyl ' in the original Statute is what is referred to as ''standards of serviees''. Now, someone from management could argue - I'm sure they have, and guess unsuecessfully that Hstandards of services'' cught to include the ability to decide when and where classes are held and what size a classroom should be and the like. So I I think, for the most part: if not completely, what this legislation doesr l42 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 as I say, is further clarify or define the language of the original Statute. PRESIDING OFFICER) (SENATOR DUDYCZ) Senator Palmer.
Thank you. And that is my point. By through this legislation, by saying that you are elarifyingy you are, in fact, changing the lnherent nature of collective bargaining by giving current 1aw a different twist. And I think that Without -- according to my analysis, Chicago school employees and Clty college employees had virtually no input into this, and therefore, thts is bein: done by the Legislature on behalf of the Board of Trustees of the City Colleges Chicago Without the involvement of the very people that this affects, and the last I heard I had understood that that was most unfair. So I think that this is not the proper time or *he bill to change the nature of collective bargaining . think needs a lot more involvement and dlscusslon.
PRESIDING OFFICER: (SENATOR DUDXCZ) Is there any further discussion? Senator Berman.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise opposltion to this bill. Senator Palmer touched on a number of the items that would have addressed . Let me underline, however, the fact that this amendment, according to the sponsor, was prepared an hour or two, maybe three, before iE was offered in committee and the employees of the -- of the City colleges were never advised of this, and I really thought that was very rude and that's an understa*emenk - not tc the people that this bill affecks have any input, or even any knowledge of the movement of this amendment. That's as to the City colleges. As to the Chicago Board of Education, don't l43 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 believe that this bill came from the Chicago Board of Education. In fact, think they were surprised by the nature of this amendment also . Now, point out to you that Senator Hawkinson adopted an amendment to onm of his schocl billy with the intention of stopping the micromanaging of the Chicago Board of Educatlon by the Illinois General Assembly. This bill does exactly the opposite. Wefre goin: to have people who don't llve in Chlcago, whose voters don't live in Chieago, whose taxpayers don't live in Chicago they're going the Chicago Board of Education how they 're supposed to handle their labor negottatlons when *he Chicago Board of Education didn't even ask for this bill. There hasn't been a teacher strike in the Chicago public school system for seven years. And I will tell you that *he sponsor has schcol districts his district that have had strtkes the last seven yearsr but this bill doesn't apply to those school districts. It applies to my school dlstrlct. The Board of Education and all of the unlons invclved in the Chlcago public schools have been sitting down for several weeks already, in one of the early starts of goodr hard collective bargaining. It's been amicable. It's been progressive. We don't need our interference with their relationships in order to -- to stick our nose into what they 're doing to try to keep the schools open in September, to try to improve the education of our children in Chicago. I strongly urge eaeh one of us to vote No on this bill. I ask you to do is# this was being done tc your school districtr how would you feel? I urge a No vote.
PRESIDING OFFICER: (SENATOR DUDTCZ) Any further discusslon? If not, Senator Barkhausenr to close.
Just in response, Mr. President -- and -- and thank you. This is not in as emphasized in my openin: remarks, any way what could be characterized either as a mandate, although that 144 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legkslatkve Day April 26, 1995 word was noe used, nor is micromanagement. This is simply giving authorlty to the Chicago School Board to bargain or not bargain on a variety of matters that were not - we don't think - intended to be included within the mandatory scope of collective bargaining as that legislation was originally enaeted. And drew the -- carefully drew the distinction with the action that was taken by a Demoeratic General Assembly, albeit twelve years ago, when, in similar eireumstances, we -- We passed a mandate dealtng with collective bargaining and said that the CTA couldn't agree with the union as to certaln provisions. This several steps back from that course that everybody voted for at that time, simply giving the Board more authority, but not telling themr in fact, what can or cannot be in a collective bargaining agreement. This is legislation that has been put together by many Members that have been working for a long time on Chicago school reform, and is strongly supported by the Illinois Business Education Coalition, and strongly urge your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate 802 pass. Those favor will vote Aye. Opposed will vote Nay, and the voting is open. Have a11 voted who wish? Have all voted uho wish? Have all voted uho wish? Take the reeord. On that questlon, the Ayes are 28z the Nays 24y voting Present. Senate Blll 802: having not received the required constitutional majority, ls declared failed. Senator Barkhausen, for What purpose do you rise?
To request Postponed Consideration.
PRESIDING OFFICER: (SENATOR DUDYCZ) Hearing no objecticnr leave granted. ...lmicrophone cutoffl...Demuzio, for what purpose do you rise?
Might inquire if We're going to get back to 2nd Reading l45 STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 sometime today for Senator Jones' bill. PRESIDING OFFICER) (SENATOR DUDYCZ) That ls correct. A Supplemental Senate Calendar is belng distributed. The Chair is prepared. We Will be returning to the Order of 2nd Reading as agreed to between the President and the Minority Leader. Supplemental Calendar No. l has been distributed to the Membership. We will be going to the Order of Senate Bills on the Order of 2nd Readin: on the Supplemental Calendar. Then we shall return to the regular Calendar, 2nd Bill -- 2nd Reading, Senate Bills. On the Order of Senate Bills 2nd Reading, Supplemental Senate Calendar No. Senate Bill Nc. 7. Senator Petka, do you wish the read? Secretary, read the bill.
senate Bi1l 7. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DUDVCZ) Have there been any Floor amendments that have been approved for consideration?
No further amendments reportedy Mr. President. PRESIDING OFFICER; (SENATOR DUDYCZ) 3rd Reading. Senate Bill l6. Senator Karpiel. Ou* of the record . Genate Bill l8. Senator O 'Malley. Mr. Secretary, read *he bill.
Senate Bill l8. (Secretary reads title of bill) 2nd Reading of the blll. No committee or Ploor amendments.
PREEIDING OPFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Blll 145. Senator Klemm . Senator Klemm. 146 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Mr. Secretary, read the bill.
Senate Bi1l 145. (SecreEary reads tltle of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment Nc. 1.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 403. Senator Shaw . SenaEe Bill 601. Senator Parker. Senator Parker. Mr. Secretary, read the bill.
Senate Bill 601. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for conslderakion?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill Senator DeAngelis. Mr. Secretary, read the blll.
Senate Bill 657. (Sgcretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendmenks. l47 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 26r 1995
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 658. Senator DeAngelis. Mr. Secretary, read the bill.
Senate Bilk 658. (Secretary reads tltle of b1ll) 2nd Readiag of the bilk. No committee or Floor anendnents.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill Senator Dillard . Senate Bi11 727. Senator Cronin. Mr. Secretary, read the bill.
.. . tmicrophone cutoffl...Bill 727. (Secretary reads title of bill) 2nd Readlng of the bill. The Committee on Education adopted Amendment No. 2. PRESIDING OFFICER; (SENATOR DUDYCZ) Have there been any Ploor amendnents that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) Reading. Senate Bill 775. Senator Parker. Mr. Secretary, read the bill.
Senate Bill 775. (Secretary reads tltle of bl11) 2nd Readëng of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Readlng. Senate Bill 784. Senator Mahar. Mr. Secretary, read the bill.
Senatp Bill 784. l48 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26y 1995 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Educaticn adopted Amendments 2 and
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bl11 944. Senator Watson. Mr. Secretary, read the bill.
Senate Bill (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 946. Senator Dlllard. Mr. Secretary, read the bill.
Senate Bill 946. (Secretary reads title of b111) 2nd Reading of the bill. The Committee on Education adopted Amendment No.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 990. Senator DeAngelis. Mr. Secretary, read the bill.
l49 I STATE OF ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 26, 1995 Senate Bill 990. (Secretary reads title of bill) 2nd Reading of the bill. No commlttee or Floor amendments. PRESIDING OFFICER: (CENATOR DUDYCZ) 3rd Reading. Senator Fawellz for What purpose do you rise? SENATOR FAWELL: I think I was supposed to be lead spcnsor of that now. PRESIDING OFFICER: (SENATOR DUDXCZ) Duly noted, Senator Fawell. ...tmicrophone cutoffl...Bill 1001. Senator Lauzen. Mr. Secretaryw read the bill. SECRETARY HARRY: Senate Bill 1001. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judieiary adopted Amendment No . 1. PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments approved for consideration? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1017. Senator Karpiel. Mr. Secretary, read the bill. SECRETARY HARRY: Senate Bill 1017. tfecrekary reads *ltle of bill) 2nd Readin: of the bill. The Committee on Education adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments approved for consideration? SECRETARY HARRY: 15G . ) ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 I I I No further amendments reported. I
I PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1029. Senator O'Malley. Mr. Secretary, read the bill. SECRETARY HARRY: Senate Bill 1029. (Secretary reads title of bill) 2nd Reading of *he bill. The Conmittee on Education adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments approved for consideration? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Readinq. Senate Bill 1036. Senator Syverson. Senator Syverson. Mr. Secretaryr read the bill. SECRETARY HARRY: Senate Bill 1036. (Secretary reads ti*le of bill) 2nd Reading of the bill. No conmittee or Floor amendments. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Readlng. Senate Bill 1091. Senator Petka. Senator Petka. Mr. Secretary, read *he bill. SECRETARY HARRY: Senate Bill 1091. (Secretary reads tltle of bill) 2nd Readin: of the bill. The Committee on Judiciary adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendmen*s approved for consideration? 151 ' . y STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1122. Senator Sieben. Mr. Secretary, read the bill.
Senate Bill 1122. (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Education adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there -- have there been any Floor amendments that have been approved for consideration?
Amendment No. 2, offered by Senator de1 Valle.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator del Valle, to explain the amendment. SENATOR dEL VALLE: Thank -- thank you, Mr. Preskdent. Amendment No. 2 puts back in language that was deleted in the orlglnal bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discusslon? Senator Sieben.
Yes. This is simply a technical amendment We have agreed to and the sponsor of the bill agreed I move for its adoption.
PRESIDING OFFICER: (SENATOR DUDYCZ) All right. All those in favorr say Aye. Opposedr Nay. The - - the Ayes have itr and the amendment is adop*ed. Have there been any other Floor amendments approved for ccnsideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) l52 STATE OF ILLINOIS 89TH GENERAL ASGEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 3rd Reading. Senate Bill 1126. Senator DeAngelis. Mr. Secretary: read the bill.
Senatq Bill 1126. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Anendment No. 1.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. ...tmicrophone cutoffl...Bill 207. Oh. beg your pardon. House Bills 2nd Reading. Senate -- House Bill 207. Senator O 'Malley. Mr. Secretary, read the bill.
House Bill 207. (Secretary reads title of bill) 2nd Reading cf the bill. The Committee on Education adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?
No further amendmenks reported.
PRESIDING OFFICER: (SENATOR DZDYCZ) 3rd Reading. House Bill 496. Senator Fltzqerald. Mr. Secretary, read the bill.
House Bill 496. (Secretary reads title of bill) l53 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 2nd Readlng of the blll. No committee or Floor amendments. ; PRESIDING OFFICER: (SENATOR DUDYCZ) j I 3rd Reading. Senator -- Senator Carroll, for what purpose do you rise?
.. . tmicrophone cutoffl...presidentr I tried to get your attentionr as you know, before. We had filed a home rule note on thaty and it has not been complied With.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fikzgerald.
Mr. President, I have reviewed Lhe Home Rule Note Actw and I am of the opinion that no home rule note is necessary on House Bill 496.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Carroll.
It's nice of the sponsor to make a decision as to his oWn bill. I don't believe that's what the Home Rule Ncte Act calls for, however, and Would suggest we follow *he law.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is whether a home rule note is necessary under the Hame Rule Note Act. All those in favor will vote -- vote Aye. Opposed will vote Nay. The voting is open. Have a11 voted who wlsh? Have a1l voted Who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 6, the Nays are 33, none votin: Present. The motion fails. Senator Carroll, for what purpose do you rise?
That was not a motion I had made. I filedr under our rules, for a home rule note. There was no motion made or pending before the Body. I don't know What that vote Was. The record will 154 l . . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislattve Day Apri.l 26, 1.995 reflect no motion was made . However# I do refer you to Rule 5 .5 <s1c> (5-5) on Fiscal and Other Notes. They Nill comply With all j effective Illinois law requiring notes on any bill, whether it's i fiscal, pension lmpact, et cetera , et cetera , et cetera . And it requires that the law shall be followed.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Carroll, pursuant to 25 ILCS 75/15: Any Member of either house may request that a note may be obtained, and ln that case the matter shall be decided by a majority of those present and votlng. Does Senator Carroll wlsh to appeal the rullng of the Chair? Senator Carroll.
I don't know what rulin: the Chair made, since I don't know who made the motton tn the first place. I fiked: under our rules, for a fiscal Ksic> note. I Would -- that -- that request is of the Chalr, not of the sponsor, as to a ruling. And -- and no motion was made at any ttme that I am aware of, having stood here and llstened. So I don't know what *he Chair did.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Carroll, Senator Fitzgeraldr in the opinion of the Chair, made the motion. The voting was opened. The voting was taken. The motion failed. Senator Carroll.
Thank you, Mr. President. I believe the record will reflect that Senator Fitzgerald gave a legal cpinion. I'm not questioning whether or not he's a member of the bar. He is a Member of the Chamber, and I don't know of any motion that was made.
PRESIDING OFFICER: (SENATOR DUDYCZ) It is the cpinion of the Chair that Senator Fitzgerald made I the motion and the Chair made its rulinçr and We shall now be returning Eo the Order of senaEe Bills 2nd Reading from your regular Calendar. We Will go through the Calendar. Senator ! 155 è . . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26r 1995 Demuzio, what purpose do you risg?
Well, on a point of parliamentary inquiry.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
Can you tell me in the -- what was -- what was the motion, and how many votes did get?
PRESIDING OFFICER: (SENATOR DUDYCZ) It's the opinion of the Chair that the motion was made by Senator Fitzgerald...
To do what?
PRESIDING OFFICER: (SENATOR DUDYCZ) Whether a home rule note is necessary under the Home Rule Note Act. vote Was taken. There were 6 affirmative votes. The Chair made iLs ruling. We shall noW return to 2nd -- to the Order of Senate Bills 2nd Reading ln the regular Calendar. We will be...
That's one of the most abuses of the Chair that I've seen the period of tlme that have been down here.
PRESIDING OFFICER: (SENATOR DUDYCZ) We shall be going to Senate Bill 768r 961...
And I think... PRESIDING OFFICER; (SENATOR DUDYCZ) . .. and 1173. Senate Bills on *he Order of 2nd Reading on page - - Senate Bill 57. 2nd Bills on the Order of 2nd Reading. Senator de1 Valle. Mr. Secretaryy read the bill.
Senate Bi11 156 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1995 (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Public Health and Welfare adopted Amendment No . 1.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 8l. Senator Petka. Mr. Secretary, read the bill.
Senate Bill 8l. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) Reading. Senate Bill Senator Trotter. Senator Trotter. Fiscal note has been filed on that blll. Senate Bil1 247. Out of the record. Senate Bill 287. Senatcr Hasara. Senator Hasara . Senate Bill 336. Senator Sieben. Senator Sieben. Out of the record . Senate Bill Senator Sieben. Out of the record. Senate Bill Senaeor Cullerton. Out of the record. Senate Bill 439. Senator Cullerton. Out os the reeord. Senate Bill 656. Senator Maitland . Out of the record . Senate Bil1 662. 664. beg your pardon. Sena*cr Thomas Dunn. Senator Dunn. 664. Out of the record. Is there anybody who STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 26r 1995 would like to have their bill, which is on 2nd Reading, heard? On the regular Calendar. Senate Bill 961. Senator Fitzgerald. Mr. Secretary, read the bill.
Senate Bill 961. (Secretary reads title of b1l1) 2nd Reading of the bill. The Committee on Commerce and Industry adopted Amendments 1, 2 and 3.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. With leave of the Body, We will go to Senate Bill 768. Senator Petka. Mr. Secretary, read the bill.
Senate Bill 768. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce and Industry adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?
Amendment No. 2, offered by Senator Petka.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.
Thank you, Mr. President, Members of *he Senate. Senate Amendment No. 2 is a technical amendment which changes the directorship from the -- from Central Management Servlces to the l58 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Executive Directar of the Capital Develcpment Board in each instance where it appears, and I'd nove for 1ts adoption.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka noves the adoption of -- of Senate -- of Floor Amendment No. 2. A1l those in favor, say Aye. Opposed, Nay. The Ayes have Amendment is adopted. And have there been any other Floor amendments that have been approved for consideration? SECRETARY HARRY; No further amendments reportedy Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1173. Senator with leave, Senator -- Senator Demuzio for Senator Jones. Mr. Secretary... SECRETARY HARRï: Senate Bill 1173. (Secretary reads Eitle of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No .
PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been apprcved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Are there any other bills on 2nd Reading that a Member would wish to move to 3rd Reading, off the regular Calendar? Now is the time to do it. Commi*tee Reports.
Senator Weaver, Chair of the Committee on Rules, reports a correction in an earlier report on reference to bills to the Judiciary Committee Senate Bill 955 -- make that House Bill 955, and not House Bill 995, was referred to the Judiciary Committee.
PRESIDING OFFICER: (SENATOR DUDYCZ) l59 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 26, 1995 Senator Raica, for what purpose do you rise? Senator Raica.
For the purpose of a committee announcement, Mr. President. Immediately followin: adjournment of the General Assembly we have a Local -- or, a Public Health and Welfare Committee hearing at Room A-l immediately following Session. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson, what purpose do you rise?
Yesy Mr. President. Just an announcement. I know many of you have asked about softball practice, and I really appreciate those of you that got together last night and threw the ball around and hlt some. So that's great. We're -- we're working towards a common goalr and thatfs, once again, to beat the House and -- and show them Where the superiority of softball lies in this -- in Springfield. So things are gotng well. We still want to have a practlce tonight, and I know there's a lot of committee functions and maybe some of you won't be able to -- to attend, but just as as many of you did last night, we wanted to get together if we can at 6:30, and I've got a map to the field at whlch we wlll be practicing and get together and get ourselves ready for the game. Tt's next Tuesday. Thank you.
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Karpiel, what purpose dc you rise?
For the purpose of an announcement. Mr. Presldent, I'd like to announce that there is a meeting of the Executive Committee immediately following adjournment in Room 212. We have about four amendments to handle. It should be very short, but please do aEtend and attend on time so we can all get ou* of there. Thank you very much.
PRESIDING OFFICER: (SENATOR DUDYCZ) l60 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 Resolutions. SECRETARY HARRY: Senate Resolution 56, offered by Senator Watson. It's substantive, Mr. President. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan, for What purpose do you rise? SENATOR MADIGAN: Thank you, Mr. Presldent. Purpose of an announcement. The Insurance, Pensions and Licensed Activities Committee will meet at 6 p.m., or immediately following the subcommittee meetings on the Insurance subcommittee: which should convene promptly upon adjournment: and then followed by the Cook County City of Chicago Pension Subcommlttee following that subcommittee meeting, in Room... PRESIDING OFFICER: (SENATOR DDDYCZ) Senator Madisan. SENATOR MADIGAN: Room 400. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio, what purpose do ycu rise? SENATOR DEMUZIO: Hello. Is it the intentlon of the Chair to remain open, or are we adjourning till tomorrow then? We're not going to -- we're not going to remain open for committee reports? PRESIDING OFFICER: (SENATOR DUDYCZ) No. We -- we will not. Is there any further business to come berore the senate. Senator Philip. :ENATOR PHILIP: Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. Just to bring you up to date what we antlcipating doing tomorrow. And as soon as we adjcurn there are a few committee hearings. I hope that everybody would be there promptly, because I understand l6l . è STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 26, 1995 they're basically amendments. Tomorrow we will come in at 10 a.m. promptly. Hopefully be out of here by noon or 12:30. And Monday we anticipate comlng ln at noon.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any other business to come before the Senate? Senator Rauschenberger.
For those Members of the Senate Appropriation Committee, me remind you that we have posted a -- a hearing on House bill information for the Appropriations Committee at 10 o 'clock on Mondayr prior to Session in Room 212. We dll also be heartng amendments appropriation bills. We'd appreciate that the Appropriatton Members coming down early. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Carrollr khat purpose do you rise?
Just a question of the Chair. We want know was an official absence lf we were absent on Monday attending the inauguratian of the Mayor of the City of Chicago?
PRESIDING OFFICER: (SENATOR DUDYCZ) there any further bustness to come before the Senate? If not, Senator Philip moves the Senate stand adjourned until 10 a.m ., Thursday, April 27th. 1 REPQRT: TIFLDAY ST&TE 0F ILLINOIS 96/09/11 PAGE: 001 89TH GEVERZL ZSSEHDLY 16:18:36 . sENA,E DAILY TRZNSCRIPTION OF DEBATE (NDEK APRIL 26, 1995 H8-0036 FIRST READING HB-0090 FIRST READING HB-0193 FIRST READING HB-0207 SECOND HEADING HB-02y1 FIRST READING HB-02kj FIRST READING HB-0q38 FIHST READING HB-0496 SECOCD REZDING HB-0q96 MOTION HB-0611IFIRST READING H8-0926)FIRST HEADING HB-1002 FIRST REâDING HB-1108 FIRST READING HB-1212 FIRST READING H8-136'3 FIRST READIVG HB-1502 FIBST RDZDIVG HB-160.8 FIRST READING H:-1693 FIHST READiNG :8-:699 FIRST READING H8-1878 FIRST READING HB-1931 FIRST READING H8-1977 FIRST READIMG H8-2123 FIRST READING HB-2181 FIRET READING H8-2204 FIRST REZDING H8-2278 FIRST READIVG H8-2321 FIHST READING H8-2332 FIRST READING H8-2346 FIRST REàDING SB-0007 SECOVD REZDING SB-OO'(: SECOND READING 8B-O015 3ECOND READING SB-0018 SECOND REZDING SB-0057 SECOMD REZDING SB-O081 3ECOND READING SB-0145 SECOND READING SB-0189 SECOMD R6ADIMG SB-0:9O THIRD REZDIVG SB-0192 THIRD READING 88-0213 SECOND REZDING SB-O260 THIRD REâDING 38-0265 THIRD READING 58-0276 THIRD READIMG SB-0281 SECOND REâDING SB-0j0)THIRDREZDING SB O - - j17 THIRD READING 0c)20 THIRD READING SB-03 C23 THIRD READIMG SB-0 - )2RTHIRDREADIVG 0:I31 THIRD READING 58-03.32 THIRD READING 58-0332 OTHER sB-O34# THIRD READING 58-0349 THIRD READIMG SB-0l56THIRDREADIMG 58-0357 THIRD READING 58-0357 0UT 0F RECORD 58-0358 THIRD READING 58-0397 SECOND REZDING 58-0398 THIRD READING 58-0399 THIRD READING SB-0M22 THIRD READING SB-OM23 THIRD READING SB-OM27 THIRD READING i % HEPORT: TIFLDâY STATE 0F ILLINOI8 96/09/11 PAGE: 002 89TH GENERAL âSSEHBLY 16:18:36 SENâTE DAILY THANSCHIPTION OF DEBâTE INDEX APRIL 26, 1995 SB-QR29 SECOKD RE&DIMG 38-0433 IHIRD READIMG SB-OMRI RECALLED 88-0443 THIRD READING SB-O4)5 3ECOND NEADING SB-045O THIRD READIMG 38-0459 THIRD READIPG SB-0q6O THIRD READIMG SB-0q78 RECàLLED 88-0483 SECOND REâDING SB-O4811SECOND AEADING SB-O48j SECOVD READING SB-048b S6c0ND READING SB-0q9I3 SECCND ReADIVG SB-050k THIRD READIMG SB-050k THIRD READING 38-050% OUT OF RECORD sB-0511 THIRD READING sB-052) THIRD READING 58-0525 THIRD Re#21NG 58-0533 THIRD REâDING 58-0534 THIRD READING 3:-0538 THIRD READING 58-0539 PECALLED 58-0540 THIRD READING 58-0552 THIRD HEZDING SB-Q - 5j ?3 O512R ECZLLE THIRD D G READIN 58-0563 THIRD REâDING sB-055R THIRD REâDING 88-0565 THIRD READING 58-0565 QUT OF RECORD 58-0568 THIRD READING 58-0577 SECCND READING SB-0S85 THIRD REâDIMG 58-0586 RECALLED 88-0588 THIRD READIMG 58-0596 THIRD READiKG SB-0601 SECOMD READING 38-0613 THIRD READING SB-0616 THIHD READING S :k 8-Oj23THIRDREADING - 0q26 THIRD READIMG '3:-0b28 HECALLED 88-0630 SECOND READING SB-064O THIRD READING SB-06y3 THIRD READING SB-06R3 OTRER SB-06R3 OTHER 58-0657 SECOND READING 38-0658 :ECOND REàDING 88-0662 :ECOND REIDING SB-0(çO THIRD REZDING SB-0T0j SCCOND READING SB-()716 SECOMD REâDING sB-()72O SECOND REâDIMG 38-()726 SECOND READING 58-0727 SECOND REàDING SB-O7J9 RECALLED sB-0T58 THIPD HEADING SB-0760 SECOMD READING 58-0768 SECOMD REZDIMG 58-0772 THIRD REâDIMG 58-0775 3ECOND READING ' t t' REPQRT: TIFLDAY STATE OF ILLINQIS 96/09/1) PZGE:003 89TH GENERAL ASSEHBLY 16:18:36 SENATE DAILY TRZNSCRIPTION 0F DEB&TE INDEX APRIL 26r 1995 5:-0782 SECOND READING SB-078M SECOND READIVG 58-0788 RECâLLED :8-0802 THIRD HEADING 58-0850 SECOND REZDING 58-0883 SECOND READING 59-0884 SECOMD REZDING 53-0906 SECOND READING SB-09VR SECOMD READING SB-09R6 SECOND READING 58-0961 SECOMD READING SB-O990 SECOND READING SB-1001 SECOND READING SB-1016 3ECOND REâDING SB-1O17 SECOMD REâDING :3-1022 SECOND READING 58-1029 SBCOND READING SB-1036 SECOND READING SB-1091 SECOND READING SB-1097 SECOND REZDING SB-1115 SECZND READING SB-1122 SECOMD REâDING :8-1126 SECOMD REZDING SB-1173 SECOND REZDING 53-1173 DISCUSSBD 5R-0055 RESOLUTIOM OFFERED 5:-0056 RESOLUTION OFFERED SUBJECT MATTER SENATE T0 ORDER-PRESIDENT PHILIP PAGE PRAYER-THE REVEREND DAN H2A3 PAGE PLEDGE OF ALLEGIANCE PAGE JOURNALE-POSTPOMED PAGE JOURNZLS-APPROVED PAGE COHMITTEE REPORTS PAGE 2 HESSAGE FRQH THE HOUSE PAGE 3 CORRECTED COMMITTEE REPORT PAGE 5 8ENATE STANDS IN RECESS PAGE 71 SEMATE RECQNVENES PAGE 11 MESSRGES PAGE 72 HES3AGE FROM THE HOUSE PAGE 73 COMNITTEE REPORT PACE 12 COHMITTEE REPQRT PAGE 129 CORRECTED COHMITTEE REPORT PAGE 159 ADJOURNHENT PAGE 162