The regular Sessloa of the 89th General Assembly will please come to order. Will the Members pleaso be ak their desks, and will our guests in the galleries please rise. Our prayer today wkll be given by Pastor Loren Rasbury, Sunnyside Road Church of Chr1st, Decatur, Illinois. Pastor Rasbury.
(Prayer by Pastor Loren Rasbury)
Will you a1l please rise for the Pledge of Allegiance. Senator Sieben.
(Pledge of Allegiance, led by Senator Sipben)
Reading of the Journal. Senatar Butler.
President, move that reading and approval of the Journals of Monday, May l5*h ) Tuesday, May 16th7 Wednesday, May 17th; and Thursday, May 18th, the year 1995: be postponed, pending arrival of the printed Jcurnals.
Senator Butler moves to postpone the reading and the approval of the Journalp pending the arrival of the printed transcript. There being no objections, So ordered. ...tmicrophone eutoffl...Reports.
Senator Fawell, Chair of the Conmit*ee on Transportatiaa, reports Senate B111s -- or, Senate Bill 395 - *he motion to concur With House Amendments l and 2 Be Adopted. Senator Petersonr Chair of the Committee on Revenue, reports Senate 3il1 370 the motion to concur with House Amendment 1 Be Adoptedl Senate Amendnent to House Bill 1212 Be Adopted. l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19z 1995 Senator Barkhausen, Chair of the Committee on Financial Institutions, reports Senate Amendments 7, 8, 9 and 10 to Hcuse Bill 377 Be Adopted. Senator Mahar, Chair of the Committee on Environment and Energy, reports senate Bill 327 - the motion to concur with House Amendnent Be Adopted; and Senate Ampndment to House Bill 929 Be Adopted. Senator Raiea, Chair of the Committee on Public Health and Welfare, reports Senate Bill 86 - the motion to concur wlth House Amendment l Be Adopted, Senate Btll l76 - the motion to concur with House Amendment Be Adopted , Senate Bill 1095 - motlon to concur with House Amendments l and 2 Be Adopted; and Senate Amendment 3 to House Bill 2330 Be Adopted . Senator Butlerr Chair of the Committee on Commerce and Industry, reports Senate Amendment to House Bill 1470 Be Adopted. Senator Hawkinson, Chair of the Commtttee on Judiciary, reports Senate Bill 866 the motion to concur with House Amendment Be Adopted, Senate Bill 1140 - motion to concur with House Amendments 1 and Be Adopked; Senate Amendment to House Bill 1069 Be Adopted, Amendnents 3 and to House Bëll 1268 Be Adopted, Amendment 2 to Housê Bill 1437 Be Adopted, and Amendment 2 Eo House Bill 1792 Be Adcpted. Senator Klemm, Chair of the Committee on Local Government and Elections, reports Senate Amendment to House Bi11 l50 Be Adoptedz Amendmenb 2 to House B1l1 505 Be Tabled Ksic> (Adopted), Amendment 5 to House Bill 974 Be Tabledz Amendment 6 to House Bl11 974 Be Adopted, Amendment 2 to House Bill 1108 Be Adopted; and Senate Bll1 774 - the motion to concur With House Amendment 1 Be Adopted. And Senator Madigan, Chair of the Committee on Insurancey pensions and Licensed Actlvlties, reports Senate Amendment 2 to 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 House Bill Be Adopted, and Amendments 5 and to House Bill 2108 Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) On page l1, we will go to the Order of House Bills 2nd Reading. Remind the Menbership that ic you want to move these bîlls, this is the tlme to do it. Senator Butler, on House Bill 327 Out oc the record. Senator Lauzen, on 238? Read the billz Mr. Secretary.
House Bill 238. (Secretary reads tlele of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Maltlandr on 820? Out of the record. Senator O 'Malley, on 865? Senator Woodyard, on 965? Read the billy Mr. Secretary.
House Bill 965. (Secretary reads title of bill) 2nd Reading of the b111. No ccmmiktee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) Are there amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Mahar, on 10892 Out of the record. Senator Raicae on 11087 Out of the record. Senator Woodyard, on 12027 Read the bill' Mr. Secretary.
House Bill 1202. (Secretary ceads title of bill) 2nd Reading of the bill. No committee or Floor amendments. 3 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, l995 PRESIDING OFFICER : (SENATOR WEAVER) 3rd Reading. Senator Butlerr on 1270? Out of the record. Senator Petka , on 14377 Out of the record . Senator Dillard , on 1608? Read the bill, Mr . Secretary . SECRETARY HARRY : House Bill 1608 . (Secretary reads tlkle of bill) 2nd Reading of the b111. No conunittee or Floor amendments. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Dillard, on 1853:/ Read the b111r Mr. Secreta ry . SECRETARY HARRY : House Bi11 1853 . (Secretary reads title of bill) 2nd Reading of the bill. No commiLtee or Floor amendments . PRESIDING OFFICER : (SENATOR WEAVER ) 3rd Reading. Senatar Madigan, on 2108:/ Ou* of the record. Senator DeAngells, on 22512 Read the billy Mr. Secretary. SECRETARY HARRY : House Bill 2251. (Secretary reads title of bill) 2nd Reading of the blll . No conlmittee or Eloor amendments. PRESIDING OFFICER: (SENATOR WEAVER) F'or What purpose does Senator DeAngelis arise? SENATOR DeANGELIS : Take it out of the record. PRESIDING OFFICER: (SENATOR WEAVER) Ou* of *he record . Senator Maitland has an introductian to present. EENATOR MAITLAND : Thank you very much. Mr. President and Members of tbe Senate, I am pleased and proud today to be able present to you 4 - - L- - - ''- - - I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 53rd Legislative Day May 19, 1995 Illfnotsl Mother of the Year. Her name is Ruth Poole, from Melvin, Illinols. She is here in Springfield with us today With her husband, John. They lve been married fifty-two years. They are the parents of four children and eleven grandchildren. She 's been a member of the Melvin Women's Club for over fifty years, and I'm delighted to be able to present Illinois' Mother of the Year, Ruth Poole, to you tcday. And before I introduce her to you, I would like to introduce in the gallery on the President's -- on the left side of the Chamber, on the Presldentls stdey a number of forner Illinois Mothers of the Year and I believe one or two Merit Mothers of the Xear. I'd like them to stand and be recognized if they would: please. Welcome to Springfield, by the Senate. And now I would ltke -- I Would like very much , Members of the Chamber, to introduce to you Ruth Poole from Melvin, Illinois - Illinois ' 1995 Illinois Mother of the Year . Mrs. Poole . MRS . RUTH POOLE : (Mother of the Year, Ruth Pcoley addresses the Senate) SENATOR MAITLAND : Mrs . Poole and John Poole , we are delighted ta have both of you tn Springfleld. I wish you well and Godspeed. Thank you. PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar, did you wish to move 1294 Isic> (2294)? Senator Butler, on 1270? Read the bill, Mr . Secretary . SECRETARY HARRY : House Bi11 l270. (Secretary reads tit1e of bi11) 2nd Reading of the bill. No committee amendments. FRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendnlents approved for consideration? SECRETARY HARRY : M endmen: No- l , offered by Senator Butler . l 5 - L-- - - 'L- - - - - . . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19r 1995
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.
Thank you very much: Mr. President. Senate Amendment No. stipulates that, subject to appropriation: DASA may establish a compulslve gambling program by contracting -- contracting with either a private or a public entlty. And secondly: deletes provisions amending the Act which required riverboat owners to put stickers with assistant messages at a visible location at each game -- gaming machine. Thls was shown to be very unwteldy, and we have taken that provision out. I would ask approval, please.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler moves the adoption of Flcor Amendment No. Is there discussion? If not, the questlon ls, shall the amendment be adopted. A1l in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment's adoptgd. 'ArP there any further amendments?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. We will now prcceed ko -- excuse me. Comm ittee Reports, Mr. Secretary.
There's a Corrected Committee Report from Local Government and Elections, Mr. Prestdent. Senate Amendment 2 to House Bill 505 was incorrectly rqported as being tabled. The committee sent the amendment -- Amendnent No. 2 to House Bill 505 to the Flcor as Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) At the top of page 5. House Bills on 3rd Reading. For what purpose does Senator DeAngelis seek recognition? SENATOR DeANGELIS: 6 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 Mr. President, I would like leave from thP Body ko return Senate B1l1 2l3 and 432 to the Rules Committee.
PREGIDING OFFICER: (SENATOR WEAVER) Senator DgAngelis asks to recommit Housp Isicb Bills 213 and 432 to Rules. Is there leave? Deave is granted. KWQC from the Quad City requests permission to videoEape. Is khere leave? Leave is granted. A* the top of page 5, House Bills on Readtng. Senator Fawell, on House Bill 3? Read the bill, Mr. Secretary.
House Bill 3. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Thank you very much. This is an agreed bill. It licenses a number of people. It -- it has the Collection Agency Act the Roofers ' Llcensin: Actz and the Physical Therapy Act in it. I knaw of no opposition. wl11 be glad to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, the question shall House B#11 pass. Excuse me. The board is wrong, Madam Secretary. Thank you. Any discussion? If not, the question isr shall House Bfll 3 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who Wlsh? Take the record. On thaE questiony the Ayes are 58, the Nays are none, none voting Present. House Bill 3, having recgived the eonstitutional majority, is declared passed. Senator Dillardr do you wish this -- House 5111 36 recalled to 2nd for the purpose of an anendment? Senator Dlllard seeks leave of the Body to reEurn House Bill 36 to the Order of 2nd Reading for th9 purpose of an anendment. Hearing no objection, leave granted. On the 7 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9r 1995 Order of 2nd Reading is House Bill Mr. Secretary -- Madam Secretaryy are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Dillard. PRESIDING OFFICERZ (SENATOR WEAVER) Senator Dillardr tc explain the amendment.
Thank youy Mr. President and Ladies and Gentlenen. This amendment adds a cleaned-up version of House Bill to allow law enforcement agencies that have a reciprocal agreement with a school in thelr jurisdictlonr as already authorized by the Sehool Code, to provide this schcol with arrest information on minors fron the school, and that arrest information is limited to forcible feloniesf controlled substance violationsy cannabis violations and unlawful use of weapons. It's a request of schools and 1aw enforcement agencies, and I know of no opposition.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? not, in favor of the amendment, signify by saying Aye. Opposed, Nay. The Ayes have The amendmenk's adopted. Ate there further amendmen*s, Madam Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Maharr on House Bill 4l? Out of Ehe record. senator Karpiel, on House... Out of the record. Senatar Klemm, on House Bilt 1507 Read *he bill, Madam Secretary. Excuse me. senator Klemm: do you Wlsh House Bill 150 rêEurnqd Eo Ehe Qrder of 2nd Rgading for an amendment? Senator Klemm seeks leave of the Body to return the b(11. Is there -- leave ls granted . Madam Secretary, would you read *he amendment? 8 STATE OF ILLINOIS :9TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53:d Legislative Day May 19, 1995
Amendment No. offered by Senator Peterson.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm , to explain the amendment.
Actually, itls Senator Peterson on the amendment: and 1 think -- with leave of the Senate, Senator Peterson describe his amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Peterson.
Thank you, Mr. President. Amendment Would prohibit municipalities in Lake County, now Dupage only, from annexing noncontiguous territory separated therefrom only by a forest preserve district. In all other counties of the State such leapfrogging is pgrmitEed. Thls ls an initiative of the Lake County Boardr and I ask for a favorable roll call on Amendment
PRESIDING OFFICER: (SENATOR WEAVER) Ts there discusslon? If notx a1l in favor, signify by saying Aye. Opposed, Nay. Excuse me. Senakor Ceo-Raris.
Would the sponsor yield for a questlon?
PRESIDING OFFICER: (SENATOR WEAVER) He indlcates he would yieldy Senator.
Would you pleasg explaln exactly wha: your amendment does to as reqards to the municipalittes involved?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Peterson.
Yes. The Lake County Board -- this is one of their initiatives. In Dupage, you have a municipality and 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 separated by land on another side of a forest preserve, you are prohibited from jumping *he forest preserve to annex that propertyy and the Lake County Board would like bo have that same authorityr as Dupage currently has.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
Mr. Presldent and Ladies and Gentlemen of the Senate, much as regret that I have to do this, but oppose this amendment. Theyfre getting along fine as is, and there's no reason why we have to change it now.
PREEIDING OFPICER: (SENATOR WEAVER) Is there further discussion? If not, Senator Peterson moves the adoption of Amendment No . l to House Bill 150. A11 in favor, signify by saying Aye. Oppcsed, Nay. The Ayes have The amendment's adopted. Are there further amendments approved for consideration?
No further amendments reported , Mr. President. PRESIDING OFFICER (SENATOR WEAVER) 3rd Reading. Senator Lauzen, on 182? Read the bill, Madam Secretary.
House Bill 182. (Secretary reads title of bill) 3rd Readinq of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen. Senator Lauzen. SENATOR LAUZEN; Thank you, Mr. Presidenk. House Bill l82 amends the Private Employment Agency Act. It exempts from the scope Lt the Act consultants and recruiters compensated solely by employers in 10 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY , REGULAR SESSION I SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 identifying , appraising or recommending individuals for employment. This amendment will not exempt applicant-paid firms from regulation or licensure by the Departmen: of Labor. I'd be happy to answer any questions. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Palmer. SENATOR PALMER: Thank you, Mr. Presidpnt. A question of the sponsor. PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield. SENATOR PALMER: Senator Lauzen, I have in my hand a letter from Women Employed expressing strong opposition to this blll. And what they are saying and objectin: to -- and if you would answerr I'd appreciate. They're saying that the Private Employment <sicl Act was created in direct response to unscrupulous employment agencies that ran bait-and-switch ads particularly targeted at women. I'm asking you, why are we changing this when the law Nas put into place particularly to protect women seeking employnent? And particularly, now that there are so many temporary jobs, it seems to me ehat thls puts women in particular jeopardy and particularly would be subject to low-wage, dead-end jobs. PRESIDING OFFICER: (SENATOR WEAVER) Senabor Lauzen. SENATOR LAUZEN: Ke had -- in cnmmiEtee, we bad the opportunity to go through testimony from different individuals, Whether -- I believe that one of the groups that was opposed to *he bill was NOW, and then *he organization that you 're referring to. All We're doing in this bill is saying *haE firms -- employment aqency fees that are paid for by businesses - business-to-business transactions - are not regulated by the Department of Labor. However, appltcant-paid 11 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9r 1995 Whether the person is é male or female applicant-pald employment agency fees would still be regulated by the Department of Labor. Sc the only distinction this bill is between employer-paid employment fees and appllcant-paid : the former not regulated, the latter still regulated.
PRESIDING OFFICER: (SENKTOR WEAVER) Senator Palmer.
Thank youy Mr. Presldent. And with all due respectr Senator Lauzen, I$m afraid I really don 't see the difference. Either employees should be protected or they 're not protected. Another point that Women Employed makes the letter is that allowing consultants and recruiters and, for that matter, businesses to be exempt from regulation would allow them the unfettered freedom to take advantage and to exploit. Not that we expect this, but that one of the reasons that we put lnto place regulatlons, so that we have some means of overseeing this. And with the employment market as volatile as it isy would think that we 'd want to keep this ln place.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia.
Thank you, Mr. President. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Will yield.
Senator Lauzen, I believe that you introduced a similar or identlcal bill in the committee - Commerce and Industry - a Senate bill. Is this bill identical to that billg uhicb I belteve passed the SenaEe 56 to 1, or somethinq?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen. 12 STATE UF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995
Yes, Senator, it is. The actual vote Was 53, 0 and
PRESIDING OPFICER: (SENATOR WEAVER) Is there further discussion? Lf not, Senator L4uzen, to close.
uould just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall House Bill 182 pass. Those in favor will -- wkll vote Aye . Opposed, Nay. The voting is open. Have akl voted who wish? Have all voted Who Wish? Take the record . On that question, the Ayes are 38r the Nays are 15g 2 voting Present. House Bill 182, having received the constitutional majority, is declared passed. Senator Cronin? Senator O'Malley? Senator Fitzgerald, on 241? Read the bill, Madam Secretary.
Hcuse Bill (Secretary reads titlg of bill) 3rd Reading of the bill. PRESIDING OFFICER) (SENATOR WEAVER) Senator Fitzgerald.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 241 creates the Scientific Job Training Evaluation Act. Requires the Department of Public Aid to conduct a controlled, scientiflc, random evaluation of the effectiveness of its job training and education programs. We worked ouk an agreed amendment wkth the Departnent of Public Aid that took care of some of their concerns, and *he Department no lonqer opposes the bill. I'd appreciate a favorable vote.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Palmer.
13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 Thank youy Mr. President. A questlon of the sponsor. PRESIDING OFFICER: (SENATOR WEAVER) l I He indicates he Will yield.
Just for clarification, what do we mean by a scientific study of recipients?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald .
What -- what we mean is that the Department would -- would have two groups. One would be a control group and -- and one- would be an experimental group. The experimental group Would get the job training or the education benefits of that particular program, and a separate group would not get -- get the beneflt of that progran r so that we could compare hcw that one group did against the other group. The -- the Department noW does some testing, but they have no control groups, and tbat would be akin to testing the effectiveness of a drug without having a control qroup that takes not the drug, but a placebo.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.
Thank you agaln. Now, What happens to the control group, the one that has no job? And secondly - excuse me - secondlyy are We going to do this with corporations to make sure that they are effectlve in their employment of such persons?
PRESEDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald.
Well, one of the -- yau know, some of the objections that the I Department originally had was, as the bill was originally written, I it would have required everybody to either go inEo a control group I 14 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 53rd Legislative Day May l9# 1995 or the experimental group. This has since been amended so that I they only need to -- to do the test with a statisticalky I i significant population. And as I understand it, the Department I intends to take about a thousand people who will go through one . I particular job training program. Not everybody Who is a recipient of aid ls in every job trainlng program, and they will compare that -- the results that were obtained by that job training i program or education program against the results of another statistically signlficant group that did not go through that particular program but may have had some other - theyfre still receiving some assistance. PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer. SENATOR PALMER: 1 I Thank you. Just cne last questlon. Are there any other I proponents of this, except Ehe Eagke Forum? l PRESIDING OFFICER: (SENATOR WEAVER) Senator -- Senator Fitzgerald. SENATOR FITZGERALD: I wasn'k aware that the Eaqle Forum was a proponent of the bill, but we're happy to take support from the Eagle Forum and others. The -- tests like this are done tn at keast fffteen other states, and this is a recommendatton, I bèlieve, that originated with the Heritage Institute in Washinqton, D.C., which is a think tank. And this is something that they recommended that would give Illinois the ablli*y to know whether its job training programs are effective. We spend hundreds of millions of dollars every year on these programs, and we really have no idea whether the programs are effective or not. And I think that We have been penny-wise and pound-foolish in Ehak regard. We spend a lot of this money, but we -- we don't have much of an attempt to monitor the effectiveness of this program. And this cculd help us find out 15 STATX 0/ ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 : which programs are gcod and which aren 't good, and let 's beef up l I the good programs and discard the bad . ! PRESIDING OFFICER: (SENATOR WEAVER) I Senator Garcla . i 1 SENATOR GARCIA: 1 Thank your Mr. President. Would the sponsor yield? 1 PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will yield, Senator. SENATOR GARCIA : Senator Fttzgerald, in committee When the bill was heardr prior to your amendment or amendments that ycu've tagged onto the bill, there Was a price tag placed on this bill of approxlmately four millicn dollarsy according to the Department of Public Aid. With *he amendment, what is the new price tag? Because we tried to file a fkscal note but were told that it was too late,and I'm 1 wonderlng what the cost is going to be. PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald. SENATOR FITZGERALD: In my talking and the Represenkatlve Pedersen's talking to the Herltage Instltute and others, there are outside contractors who do testing, such as that required in this bill, for approximately a million dollars. And that's What ue belleve that it would cost. And the -- the Department of Public Atd, I think, did say that they thought it would cost somewhere in the neighborhood of five hundred thousand to tWo million, was my recollectkon. PRESIDING OEFICER: (SENATOR WEAVER) Senator Garcia. SENATOR GARCIA : And how many individuals do you anticipate will be evaluated 1 by this contractor or conEractors through this million-dollar i dgal? ! 16 ' ) STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leglslative Day May 19, 1995
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald.
Well, one of the objqctions, as I said, that the Department originally had was they thought that the bill as originally written could require everybody to be tested, and we amended that to say a statistically significant populatlon, which I have discussed with the Department and they agree would be about a thousand recipients of aid.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia.
To the bill: I rise in oppositton to the blll, because I think that during this Session We have embarked on some very significant and somewhat radical welfare reform experiments. That came in the form of Senatg Bill l0, which think we ought to qive an opportunity to tell us whether or not Illlnois is moving in the right direction. think that thls bl11 is unnecessary because lt will cost us -- it can cost us at least a million dollars. I don 't think that's what Members of the Senate want to embark on, and that's why I would urge a No vote.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Thank you very much. You know, I had a -- an experlence wlth a group of -- of unemployed people Ehat came Eo me, and they said that they had been trained to Work in a hotel industry, to learn hoN to clean the rooms and make the beds and do a1l these other things. And...
PRESIDING OFFICER: (SENATOR WEAVER) Excuse me, Senator rawell. Will the staff please take their conferences off the Floor, please. Senator Fawell. 17 I I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislatlve Day May 19, 1995 SENATOR FAWELL: I I And apparently what happened was we paid the hotel to train I these people for X number of hours and then, as soon as that grant 1 was over, what happened was they were all fired. And the hotel industry then turned around and said: Well noW -- noN give us the next group of people. We'l1 bring those in. Welll only pay them half price, because the State's going to pick up the rest of the noney. And then I guess they 're going to fire thlse people. Some of these businesses and some of these -- trainlng people, franklyy I thinkr have kind of got a scam going. If they're not gotng to employ Ehe people after we have paid for the training, then why in the world are we training them? Maybe we ought to find out what some of these programs are and find out if, indeed, there is a scam going on. I don't think this is a -- a bad idea. Maybe a thousand might be a 1ot of peoplev but it seems to me that we ought to find out before we start putting our -- all this money into a1l these programs, that afterwards these people have got a job: that they've got some way to make a living. That's the whole polnt of it. It seems to me right now what we dre doinq ls we're training a 1ot of people, paytng bustnesses to train then, and if the businesses aren't going to hang onto them r we ought to cut the training out. PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins. SENATOR COLLINS: Thank you, Madam President and Members of the Senate. First let me -- on a point of personal -- Mr. Presidentr I'n sorry. Congratulate Senator Philip. I wholeheartedly support his getting out on time. As a matter of fact, I think it's time for us to go today, because usually thls time of year we get kind of silly around here, and this is one of those silly bills. I mean, this bill is absolutely silly. The only way to make a determination as 18 . .y ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 to whether or not a training program or educatlonal prcgram is dolng what say doing is whether or not people get jobs and move off of the welfare roll. That's very, very simplg. You don't need any scientific study to do it, and I want to commend -- Public Aid, DPA, for being ln apposltion to this bill. This is ridlculous. This is absolutely a waste of time and State payers - - taxpayersf dollars for us to talk about you're going to have some control groups and sclentlfic groups to -- to determine whether or not a trainlng program ës effective or not effective. The proof is in the pudding. If the people get jcbs and stay on those jobs and get off of public aid, you know that the program Was successful. If they don 't, they don't. You know also that you cannot put somecne with -- without a hlgh school diploma or a GED in a program that is highly technkcal, because they can't read, probably. So, you know that toc. This is crazy, and I just say that we ought to vote this bill down.
PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. Sometimes I wonder about some of the bills that -- that come before this Body. And sometimes we complain that some legislation is really an attempt to micromanage agencles, and I think this is another example of that. First of all, let me say that this bktl is not necessary. It's not necessary because in Public Act 88-412, we asked for a -- an evaluation of job training programs. That evaluaeion was supposed to be completed by January of 1997. With this b1lly We repeal the request for that evaluation, and a: *he same tlme that we repeal tha*, we're also left wondering whether the federal gcvernmen: is going to allow us to do what this requires, because a Naiver may be necessary. A Waiver application may be necessary. So while we're left wonderinge we're going to wonder whether or not 19 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leglslative Day May 19, 1995 the job training programs are uorking. And I agree that we should evaluate these programs and ensure productivity, but we may leave this whole business up in the air as a result of passing this bill that repeals the evaluation that was mandated last year. That doesn't make any sense. Why don't we just alloW that to take place and jeopardize Ksicl the possibility of generating, through an evaluation; some very valuable informa*ion Ehat will allow us to make some declsions about the type -- type of changes that we need in aur job tratning programs through Public Aid. Let's not do this. Let's let that work.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.
Mr. Presldent, move the previous question.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka, two more speakers. Senator Shaw. Sena*or Shaw.
Yes. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will yield.
What -- Senatcr. Senator Fitzgerald, why -- why do we need this kind of study? And you mkght have answered that, but why do we need this kind of study?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Pitzgerald.
We need this klnd of study so that we can determine the effectiveness of our job programsv the sane reason that drug companfes, before they market a drug, need to tesk the efficacy of Ehekr drugs. And they need a control group that doesn't take the drug and one -- a group that does take it. That's *he only way 20 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53:d Legislative Day May 19: 1995 they can compare it. If -- for -- for your argument to make sense ; that we don't need to test the effectiveness of our job training 1 ' I programs, you could -- if we applled that same logic to the ! I I medtcal profession and to the development of drugs, we would never I i be able to test the effectiveness of drugs, because we'd never know which medlcines worked and Which didn 't work. And the practice of medicine Would collapse.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw.
Are we doing any type -- how much money do we spend With the Earnfare Program?
PRESIDING OFFICER: (SENATOR WEAVER) Senatar Pitzgerald.
I don't know those numbers off the top of my head .
PRESIDING OPFICER: (SENATOR WEAVER) Senator Shaw: any further comments? Senator Welch.
Yes.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw .
The -- to the -- Eo the bill: I think we're spending millions of dollars with the Earnfare Program, and wedve had that program over a number of years - a number of years. Before that, it uas - - it was some other name. And certainly: We should -- after spending a11 of the taxpayers' mcney, we should have had something to come out of that, and this is an existin: program . I happen to be one that think that the Earnfare ls going fairly well. And it seems as Ehough to me that you would get your information ehaE I I you're lookin: for here from that -- from an exisking prcgram. 1 ; 21 STATE OF ILLINOIS 39TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day MaV 1995 Now, unless somebody over on your side of the aisle Ehat have somebody that they want to award a five- or ten-million-dollar contract to just to do a study: this (s absolutely absurd and ridiculous to talk about during this type proqram . But certainly, sometime people have friends that are in the consulttng businesses and they want to award them some contracts, and this look like that type of program. Because if -- the State has a1L kind of statistics on whatever you needs in terms of studying people out of the Earnfare Program. And to spend thls kind of money on some human beings, talking about you're going to compare humans with drugs -- studyin: drugs, that's -- that's absurd too. don't believe that Ne should be ln that business: we are spendinq between twenty-five and thirty million dollars a year on the Earnfare Program , and we are telltng the taxpayers this State that it's Working and it's a good program. Thls -- what ycu are doing here by maybe awarding some friend of -- of somebody a consulting contract, youtre telling *he taxpayers that welre just wastlng money on the thirty twenty-five or thirty-million-dollar program that we -- conduct in the Earnfare Program . I think lt's a bad bill, and would urge for defeat.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'would yield.
Senator Cronin, how much money will it cost the study and hoW much money is being spent I'm sorry. Senator Fitzqerald. Yeah...
PRESIDING OFFICER: (SENATOR WEAVER) 22 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislakive Day May 19, 1995 Senator Fitzgerald.
About a million dollars.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
How much money are ve spending on AFDC?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald.
I don't know the answer to that. I've asked somebody to lock into that now , but it's tens or hundreds of millions of dollars that we're spending on all the public aid programs that we don 't know the effectiveness of.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgeraldy to close. Senator Welch: kf you keep your light on, I will recognize you. Senator Welch.
Wellr it keeps going off by itself. That's -- that's the problem. Or maybe by somebody up there. don 't know. Anyway. What I just wanted to say is -- nine hundred and seventy-five mlllion dollars is the amount that Was glven to me as the amount spent on AEDC. Buk I -- I don't think this is a bad idea at I think it's probably something we should try. If we 're going to spend some money to determine if we can save money, it's woreh trying. The only thing I would suggest ls that we apply Ehe same princlple to some o*her ideas that have been passed by that side of the aisle: the voucher billr the ellmlnation of mandates bill, the school choice bill. Maybe we should study a1l of those as Well and see if those are working or not. I don't see anything Wrong With this at all.
PRESIDING OFFICER: (SENATOR WEAVER) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9w 1995 Senator Fltzgeraldr to close.
Thank you, Senator Welch. I have gotten some figurqs since -- while others were talking. We now spend fifty to a hundred million dollars a year on job tralning programs, I'm told, and about a billion dollars a year on publtc aid. And with respect to our job training programsr we don't know which ones work and which ones don't work. And a1l this b1ll Would help us do is find out the good programs and find out which are the bad programs. It would cost abouE a million dollars. That's money well spent. We don't want to be penny-wlse and pound-foolish and throw money after bad programs. Let's spend our money on the gocd programs. There's no way we could know which way -- which ones are the good ptoqrams unless we try and find out. That's a11 this bill doesr and it's only common sense. I'd appreciate a favorable vote.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall House Bill 241 pass. Those in favor will vote Aye. Opposedp Nay. The voting is open. Have all voted who wish? Have al1 voted who wlsh? Have al1 voted ?ho wish? Take the record. On that question, the Ayes are 43, the Nays are 14r voting Present. House Bill 241, having received the constitutional majority, is declared passed. Senator Dillard, on 2587 Madam SecreEary, read the bill.
House Bill 258. (Secretary reads title of blll) 3rd Readin: of the bill.
PRZSIDINC OFFICER: (SZNATOR WEAVER) Senatoc Dillard.
Thank youy Mr. President and Ladies and Gentlemen Of the Senate. This is a cleaz-up bîll from the reorganizahion of higher 24 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 I I education Act we passed earlier this Sesslon, and it provides tbat ! Sangamon state University 's merger with the University of Illinois ' I takes effect on July 1st, 1995r lnstead of January 1st, 1996. I'd I be happy to answer any questions. ' j
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Collins.
A point -- I'm sorrye Mr. President. My -- someone had touched my key and lt was turned off, and on the last bill, I -- I had intended to vote No and -- and it didn't reglster at all.
PRESIDING OFFICER: (SENATOR WEAVER) The record will so reflect. Any discussion? If not, the question is, shall House Bill 258 pass. Those ln favor wlll vote -- will vote Aye. Oppased, Nay. The votlng ks open. Have all voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 58r the Nays are none, none voting Present. House Bill 258, having received the constitutlonal majority, is declared passed. Senator Petka, on 270? Read the bill, Madam Secretary.
House Bll1 270. (Secretary reads Eitle of blll) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.
Thank your Mr. President, Members of the Senate. House Bill 270 has two parts. The first patt would basically permit -- or, strike that. The anendment, whlch was lively debated yesterday, would permit the threshold of population to be decreased from a hundred thousand to ninety thousand for certain sanitary districts under the Sanieary Dtstrict Act of 1917. Additionally, it Would 25 . , r ' STATE OF ILLINUIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leglslative Day May 19, 1995 delete the provision that requires a membership from -- from the same political party. The -- this legislation would permit the Aurora Sanitary District to -- to come Within the purview the Sanitary Act. With Ehat, Mr. President, I would be happy to entertain any questions, and I'd urge adoption of the -- of House Bill 270.
PRESIDING OFPICER: (SENATOR WEAVER) there discussion? Senator Demuzio.
Well, thank you, Mr. President, Ladies and Gentlemen of the Senate. This, in fact, would delete Ehe current 1aw that says if you have a five-member board, that no more than three should be of the same political party. I guess it ought to be pointed out that this is a blatant power grab, attempting to appoint Republican members, particularly in thcse areas of Springfield, Peoria, Aurora and Rockford. And I'm opposed. It seems to me that f1r credibility and for oversight, there ought to be a -- a provision ought to remain saying that there Nill be at least a minorlty representation on a board of this nature.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Yes. Sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he wculd yield.
Senator, the -- the current law has a -- understand correctly, there's flve members on certafn of these saniEary districts and three members on others: and it depends on Whether or not Ehey 're in a municipality whose population is now a hundred thousand, and you 're changing it to ninety thousand so thaE Aurora Sanitary Dkstrict can come under the the provision that 26 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legtslative Day May 19z 1995 requires five. Is Ehat basically wha: this amendmenk -- what the bill does? ' I
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.
That's accurate, yes. PRESIDING OFFICER: (SENATOR WEAVER) ' Senator Cullerton.
So nowr in Aurorar they only have three membersr and I understand that you and other leglslators get to pickz or have some input, as to who those three members are, currently. My questton is, do you now, in that three-member board, have to have at least one be from the -- a different political party? That's a questlon.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.
Senatorx I do not know the political affiliations of any members of the Sanltary Board in Aurora.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
I -- my question is, does the Statute require -- let's put it this way. I understand that the current law says that on a five-member board, that no more than three shall be of the same politlcal party. And you're abolishing that, so that the effect is that for all the five-member boards where they mlght have three Republicans and two Democrats, now they can have five Republicans. ! i And Members of the General Assembly have a part of -- of that decision. My question is, in the current law, where there 's only three members - three people on the sanitary district - does one 27 . ( STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislakive Day May 19z 1995 I - - does the 1aw reguire that one be of the -- of a different g political party than khe okher two? i PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka. i SENATOR PETKA : ! The Statute is silent on that . 1 PRESIDING OFFICER: (SENATOR WEAVER) Any further dlscussion? Senatcr Collins. SENATOR COLLINS: Question of the sponsor. Senator, is there a shortage of available people who are interested in serving on these bcards, Democrats and Republicans? Do you -- do you have one domlnant... PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka. Senator Petka. SENATOR PETKA : Senator, it's a difficult question that you pose. I -- I simply have not done any research or asked any questions abcut the availability. Untll this legislation is passed in its current form , there will be no vacancies. PRESIDING OPPICER: (SENATOR WEAVER) Is there further discussion? Senator Collins. SENATOR COLLINS: Well -- well -- wellp Senatorr I -- I assume the reason you wanted the opportunity to have them a11 from one political party is because there were some klnd of difficulty gettin: the required number of people on the board and that maybe there was not of the opposite party available and willing people -- I meany candidates to -- to fill these vacancies. And that -- that's why I asked the question. You had to have some rationale for doing it. Could you tell us why -- why you need to -- to make this change? PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka. 28 ') . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 I
Senator, yesterday during debate I offered the opinion that ' when we have language such as the language under the current statute, it may preclude *he possibility of having the best available people - those who are most competent to serve. They may be precluded by What some nay refer to as a quota system. And I do believe that a board simply because lt has a deletion of a requirement, that they come from the same political party, does not necessarily mean that we're going to have a -- What you Would refer to as a partisan stack. I mean, there are -- there are people out there -- in fact, the vast majority of the people in the State of Illinois view themselves as being independent without any political affiliation of any kind. So, they'd be Welcome to Serve .
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If notr Senator Petkar to close.
Mr. President and Members of the Senater I know thak there's a great deal of consternation on part of the other side of the aisle on this. Term may be suspicion. Whatever -- whatever the term invoked today is# the fact of tbe matter is that a11 we are doing here is permitting the best-qualified pecple to be -- to be served - - or, to be permitted to serve on a board. And I do believe that that is consistent with what ls best ln government. With that, I wculd move for the adoption of House Bill 270.
PRESIDING OFFICER: (SENATOR WEAVER) The question is# shall House Bill 270 pass. Those in favor will vote Aye. Opposedr Nay. The voting ls open. Have all voted who wish? Have al1 voted uho Wish? Take the record. On that question, the Ayes are 34r the Nays are 23, none votin: Present. House Bill 270, having received the constitutional majorlty, is declared passed. 29 . ) . ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leglslative Day May l9, 1995
PRESIDING OFFICER: (SENATOR DUDYCZ) On the Order of House Bills 3rd Readlngr the bottom of page 5, House Bill Senator Petka. Senator Petka. Out of the record. On top of page 6, House Bills on the Order of 3rd Readlng, House Bill 304 <sic> (314). Senator Woodyard. Madam Secretaryr read the blll.
House Bill 314. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard.
Thank you, Mr. Prgsident, Members of the Senate. guess that the genesis of this leglslation started back in 1989, when the federal government imposed restrictions on keeping juvenlles in a county jail. During that period of time, several multicounty and regional juvenlle detention centers have been built that are in compllance with the federal law. In my area, we trled to put together seven counties, including two from Indiana, to establish a juvenile detention center and could just never put together the money to be able to do that. Out of that -- out of thae situation, the sheriff Vermllion County recommended this leglslation that has been passed by quite a number of other states hoplng to encourage the federal government to either waive or relax restrictions on being able to keep a juvenile in a county jail. The bill, as originally introducedr would allow juveniles to be in a counEy jall as long as there was no contact by sight, sound or otherWise between the minor and adult prisoners. In the Senate Judiciary Committee, there was objection to two provisions of -- of thls bill, and the Senate amendment I think pretty much took care of -- of most of those objections. Number one, there 30 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leîkslatkve Day May l9, 1995 was a provision that uould have extended from thirty days to sixty days the posstble incarceration of a juveniley and that was removed. We're back to thirty daysy as is present law. The second, the bkll originally had a January 1996 effective date. The eommittee suggesked that that be put off for one year, to January 1st, 1997 effective date for two reasons: number one, ke shculd have the report of the Juvenlle Justice Commission on the 1st of January of this -- of 19967 and number two, we may be able to convince the federal Congress to give us some relief or mcney for these juvenile detention centers. That's what the bill presently does, and 1'11 try to answer any questtcns or eertainly solicit your support.
PRESIDING OEFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Molaro.
Thank you, Mr. President. Would the sponsor yield for a question?
PRESIDING OFPICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Molaro.
Thank you. Let me ask -- I'm troubled by the fact that our notatlon says that DCFS stands in oppositlon for thisr and the reason they think it is that we could be exposed to a forty-million-dollar lawsuit because of the fact that we 're not eorresponding to federal law. Is that the reason DCF <sic> is opposed, and it isn't, what ls the reason? And if it is for that reason, are we lookkng aE a forty-million-dollar price ta: to the State of Illlnois?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard.
Thank you, Mr. President. Senator Molaror I don 't know about 31 STATE OF ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 anything beyond the approximate two to two and a half million I i dollars that may be a possible loss - may be, I don't know. I I i I guess my concern with the tWo and a half million: What is I I happening . with the two and a half million? It's my understanding l I .. 1 that that is not going into tbe operations of those seventeen juvenile centers today. It's staying in the central office. So what is it doing? I don't know that lt's dcing much of anything.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro. SENATOR MOLAROI A11 right. Then 1et me ask another question. Does this bill have it ncw -- and I'm -- I'm trying to read this right. Right now in Cook County you have -- you can keep them up to six hours. After six hours, you must transfer these kids to a juvenlle detention center because of a 1o* of problems: Number one, they haven't been convicted. So this looks like -- I assume in counties that don'* have the room for the juvenile detention centers, they must be -- I don't want to use the word ''farming out'', but contracting out to send these kids elsewhere. Does this legislation have it where these children could indefinitely be placed in a -- in the county jails as long as they keep the real prisonets away from them? I mean, is that what this leglslation actually is doiag? And we could keep them there indefinitely?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard.
No, ik Would not be indefinite; it would be what the court, I guess, so ordered. And in answer to your other question, T know ln my area, in east central Illinols, we jus: have no bed space in that entire arear and many of these kids are being sent to st. I Louis. I I PRESIDING OEFICER: (SENATOR DUDYCZ) I i 32 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 Senator Molaro.
..e tmicrophone cutoffl...question, because I certainly don't waqt to belabor this particular bill. But When you just said -- I'm looking in the Statute and I can't find where there is a definite time period that they must put these children elseWhere and Ehen *he adul: -- when you say an order, you mean order by the court or an order by a judge? What if it takes three, four days, or a week? Would they be in a -- a county lockup?
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Woodyard.
Wellr I thlnk what we're talking about are tWo different things: Ehe detention and where they can be housed prior to that time. And -- and think that's -- was my response on *he indefinite periody because, yeah, there are provisions after detention has been ordered.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? Senator Shadid.
Yes. Thank you, Mr. President. Would the speaker -- or Would the sponsor...
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield, Senator Shadid .
Senator, the tWa million dollars that supposedly DCFS Ealks about that we set from the federal government: do yOu know Where EhaE goes to?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard.
Yes, Senator. I knov you and I've discussed that. We don't 33 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19: 1995 - - I do not have that with me at this present tlme, but we do have a break-out <sic> of -- of where that *wo millton dollars goes.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Shadid.
Well, as a former sheriff, for many years -- and When they passed this 1aw several years ago that Would not allow juvenlles to be housed in county jails, there were hcrror stories printed a11 over the State, and there wasn't one dccumented incident of any of these thlngs being factual in the State of Illincis. have got a 1ot of confldence in the sheriffs the State of Illinois, that if we allow them -- which we presently do, by the way. allow them to house juveniles for up to six hours in a county jail. I've got enough confidence in them that if we pass this law, that they're going to be just as conscious of *he 1aw separating them from sight and soundy and I think that it's tine that we gave the counties back the opportunity to spend their money more economically than What weIre doing now. It's costin: countles a fortune to transport them a11 cver the Statey when We could be doing in counties, and the jails could be then designed so they can be housed in the county jail, With the sane support services. So I urge a Yes vote on this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Claybarne.
Thank youe Mr. presidenb, Ladies and Genklemen of the Senate. Would the speaker yield -- sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he wil1 yield.
Would this -- Ehls bkll allow for the incarceration of minors that have been abused, neglected? 34 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard.
guess a way to answer that would be that it is possible for temporary custody of of children that that that might have happened to.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Clayborne.
So under this bill, if a child has been neglected or abused, then they can be incarcerated or locked up in the ccunty jail.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard .
Ehink what you dre looking at is -- is a most unique and rare situation. Most of those children, when at a11 posslbler are sent directly into the foster home programr and -- and -- yes: it would be allowed; the court could do that if there was just nothing else to do with that neglected child. But -- but that certainly is -- is -- Would be a very rare case.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Clayborne.
And I'd just like to -- to conclude in terms of -- I'm really not opposed to the bill in terms of being able to lock up juveniles Who have commlEted a -- committed crimes where they can be certified as a adult. However, when it goes to the point of the poten*ial I just dcn't have the confidence in some of the individuals, as others may, in terms of using proper discretion in locking up children who are victims. And I have a problem wiEh that. And Ehereforer don't think I could support this bill. 35 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legkslatize Day May l9, 1995
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussicn? Senator Hendon.
Thank you, Mr. President. Will the sponsor yleld for a question?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Hendon.
Thank you very much. Senator Woodyard, I know that your intentions are sincere and -- but I had a -- a couple of concerns. First of all, the juveniles that w1l1 be alloWed to be housed in a facility with the adults, is there a specific area of crime that they have to be accused ofr or ean it be for anythlng?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Wcodyard.
It -- it can be anything, Senator, but as a pragmatic, practical matter, we haven't seen that happening. 1'11 tell you what's happenlng todayy and it's one -- on9 reason I1m no* happy with some of the provisions this bill. Take thirteen-year-old with -- with robbery and there's no place to put that kid, they dre turned loose. And -- and so what we dre saying - - it's exactly as Senator Shadld mentioned . There wasn 't a problem wlth housing juveniles in county jails where they were segregated from adults, and that's what we're trylng to do is say: for heaven sakes, Why not let our county sheriffs *ake care of some of this problem, as long as segregation dces occur, rather than having to send these kids ou* of state?
PREEIDING OFFICER: (SENATOR DUDYCZ) Senator Hendon.
I understand your situation. I really do, because we do no* 36 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 have places to put them. The bill that I passed yesterday and you I supported - and I appreciate that - would ask that they build some ' morecenters. However,myconcernis,ifachildis--is -- is 1 taken down to juvenile for running away fron home, or skipping school, or, you know, something minorr I'n -- I'm -- I have problems with them being housed ln the same facility with adults because a11 kinds of bad things can happen to those children and that would be a tragedy. My question related to that is: Are we opening ourselves up - the State of Illinois - to possible lawsuit 1 tf somethtng would happen to one of these juveniles that's in there for little cr nothinq? Can we be sued, or are we opening ourselves up to be sued if something happens to one of these minors because one of the sheriffs left a lock -- or anything - any reason - are we opening ourselves up for lawsuitsr especially in case of a young perscn who really didn't have a -- anything I major? Because, you know: I could possibly support the bill if it was restrictive to certain crimes: armed robbery, carjacking, murder, drive-by shootings, whatever. But it's no* restrictive; it'sany little--you knowrtheymay lock you up foranything in 1 my neighborhood. Soy I mean, are we opening ourselves up for suits?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard .
Well, in answer to your question: Number one, can -- can the jail be sued? You're darn right. Can a detention center be sued? Absolutely. This has nothing to do with that Whatsoever. What we're saying is, isn't it better to -- where you have jails that are not overcrowded at the county levol, to be able to use one I floor of that or something Where there is segregatione to keep Some Lf these juveniles in? And I can tell you that in some of -- Of the crimes nOW, the more heinous Crines, very definitely: I i 37 STATE OF ILLINOIS 89TH GENERAL ASSEM3LY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 I think the -- *he court would order that they be incarcerated . I You're -- youdre concerned about minor offenses. If that judge orders them to a juvenile detention center, theydre golng to go there anyway, whether -- it depends on what that judge says.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hendon.
Thank your Mr. President. In eoncluston, to the bill: I understand what -- What you need to do. I understand what youdre trying to do: and I believe that there are some juveniles that we sinply, unfortunately, have to lock up and we should be able to do that. I -- I'm just concerned because itss so broad-based that it --youknow,theyoungpersoncouldbe in there for llttle or nothing and then you're going to put them in -- in harms wayy and 1 ' EhaE's Why I asked the quesEion about the lawsuits. Sometimes, you know, they6re locking them up right now for a curfew violationr and that -- that's nct something that should land you in there with murderers and rapists and the sodomy that gaes on in county jails. And the other problem is that youdre not restricting it to those facilities that are not overcrowded, so j they could do this at Cook County jail, Which is already overcrowdedand--andalreadyburstingattheseamsforpotential j gang Wars and that sort of thing. That goes on in the jails. So, for that reason, unfortunately I would -- I would have to vote No. I really wish you would take it out of the record and -- and we could amend it and just be speciflc on the -- the tougher crimes, and I could support 1t. But other than that, I -- I really couldn't, unfortunately. PRESIDINGOFFICER: (SENATORDUDYCZ) 1 ; Any further discussion? Senator Petka.
Mr. President, once againr I move the previous question. I 38 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53:d Legtslative Day May 19, 1995 Thank you .
PRESIDING OFFICER: (SENATOR DUDYCZ) There are four additional speakers left. Further diseussion? Senator Dehngelis. SENATOR DeANGELIS) Well, maybe I can throw some light on that. Thank you, Mr. President. Some time agoy We passed Senate Bill 1500, and Senate Bill 1500 is the bill that separates the category of offenders fron what was called : in the o1d days: the status offenders, to delinquents. Now, delinquents are those people, had they been an adult, they would have been charged With a felony. You can no longer, after that bilk, incarcerate for any length of time other than that tlme which is necessary to do what the bill callsr and the b111 called for remanding them to a community youth agency . So When you start talking about people who are on these circumstances, they are not an abused child. They're not soneone who happens to run away. They're not someone Who violated curfew . These are somebody wha shot somebody. And in some instances downstate, they do not have enough space or a separate facility to do that. So what theydve done is created this out-of-sight and out-of-sound category . 1'11 tell you, your alternative to shooting this down -- well, there 's tWo losses. 0ne of them , the loss of federal funds, and the other one is to turn around and put these people out on the street. It's not that they're goin: to be kept forever; it's that they do need to have a facility an action ls Eaken. Elmple as khat. And thks -- thks concern about the chtld, as I would have too, that ran away from home or the child that's abused, that does not apply ln this parElcular ca*egory.
PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? Senator O 'Daniel.
39 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 Thank you , Mr. President and Members of the Senate . I rise ln support of this leglslatlon . You know , espectally downstate , I've meE wie.h d(fferent sheriffs and State's attorneys and a1l, and their big problem is they can't house these juveniles anywhere locally : so the sheriff has to send a deputy and -- either they 've got to baby-sit these children; they've got to drive them elther to from our area of the State # they 've got to drive them to Madison County or they -- to the northern part of the State . And it 's -- it really puts an extra burden on the -- on the sheriff and the depui:y sheriffs and to baby-sit these these youngsters till they have something to do with them. So, you kncw, and my people feel, other than the judges, that there wouldn 't be anything wrong to segregate them from the other prisoners, Where they have room, in these county jalls, to keep these people and -- and help allevlat:e the -- the problem with them having to assign a deputy sheriff to them for hours and drive them all over the State to try to find something to do with them . think it 's a good plece of legislatlon . We ought to take a look at it.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discusslon? Senator Trotter .
Thank you very much r Mr. President . Wotlld the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDXCZ) Sponsor indicates he wi11 yield . Senator Trotter.
Yes. :enator, mine baskcally is a constitutional question here and one of due process. In locklng at the present Statute, lt says that this will apply to counties of population of three million or nore. In those -- those counties of populaEkon OE three millkon or more, it says that no minor shall be detalned in a county jail or Runicipal lockup for more than slx hours. So I 40 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 Would just like to get a feel of your legislative intent. So are you sayinq that downstate that these individuals can be held indefinitely?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard.
Senator, they are held pursuant to the court's order, and -- and I must tell you - I think you mentioned it, if I got What you said - Cock County is not in this b111.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Trotter.
I'm not -- I'm not concerned necessarily about with Cook County. I'm talking about one of equal protection and due process for a11 of our citizens of *he State. So if we're only holding then for six hours up in the -- in Cook County, which I'm from, then why is it we are not allowing the same right cf equal protection, which is the right of our Constitution under Article I in Section 2 whlch says we do have a due process and equal protection ruling that no person shall be deprived of life, liberty or property without due process of law, nor denied equal protection of the laws, which also falls under Fourteenth Amendment? So I'm just concerned about a1l of our residenEs, not necessarily just those in Cook County. And why are you makin: it this separate provision? So the Constikution of the law here, is this, in fack, a -- constitutional? Can we do *hiq?
PRESIDING OFFICER: (SENATOR DUDYCZ) ienakor Woodyard.
Well, current law is that the juvenile has to come before the court with in thirty-six hours, and -- and that's present law, and we haven't changed any of that. 41 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 53:d Legislative Day May l9, 1995 !
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Trotter.
We -- we can hold these -- khese juveniles for thirty-slx hours in a regular county jail, subjecting them to -- to Whatever other kind of violent characters and individuals in our -- in our system. Is that what you 're saying here? And -- and if that is the case -- just to the bill: If that is the case, then, in fact, then I believe this is unconstitutional , because thi.s is not fair nor just to these indivlduals. I think that they should have a right to a speedy trka1, and thtrty-six hours, I think, is -- ts really an exorbitant amount of time for these individuals to be there . And you can comment , sir .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dkscussion? IE not/ Senator Woodyard r to close.
Well, let me respond to Senator Trotter 's concern there . They can be held six hours and then sent to a juvenile detention center for the remainder of the thirty-six haurs in which they have to be - - which they have to appear before the court. So -- under current 1aW . And we haven't changed any of that. A1l we 're saying is that why not out of sightr sound and segregation, be able to hold that -- that person in Ehat count:y jall? I want to make clear again , this does not apply to Cook County . I -- I think, Senator, if you would look at the whcle Act , that -- that Would be explained a llttle be*ter. And I want to go back to Senator Shadld's commentr because I -- I think it kind of got lost in a1l of this. Going back to -- prior to 1989, when somebody decided - and for What reason, I have no idea - sonebody decided at -- ln Washington that you can't hold a juvenile even out of sight, sound, so on, in a county jail. Danville, Illinois, ls a good example. They have a neW public service building that is less 42 L .. . STATE OF ILLINOIS 39TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 ! I than fifteen years old, and it does not qualify to hold a juvenile. There were no incidents that We can possibly find where there were problems with holding a juvenile ln a county jail. 3ut now We can't do it. Did the federal goyernment come up with the dcllars to build these grandiose juvenile deeention centers akl over the State? Nor they did not. And a 1ct of counties simply cannot afford to do Ehat. Thls is not going to resolve the problen. It's no panacea to the -- to the situation we have at least in central Illinois, but at least it's a help and it's a little better tool than We've had in the past. And I would certainly urge your support and appreciate your support. Thank you very much.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House B11l 314 pass. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have al1 voted who wish? Have a11 voted Who Wish? Have a11 voted who wish? Take the record. On that questionr there are 46 Ayesy 5 Nays and 7 voting Present. And House Bill 314, having received the cequtred constitutional majority, is declared passed. END OF TAPE TAPE 2
PRESIDING OFFICER: (SENATOR DUDYCZ) For the -- for the information of the Members, we had spenE approximately one-half hour on House Bill 314. We have sevenEy-*wo bills left on the Calendar. House Bill 320. Senator Cullerton. Senator Culler*on. House Blll 330. Senator Watson. Out of the record. House Bill 340. Senator Dillard, do you Wish 43 . y . ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9' 1995 this bill returned to 2nd Reading for the purpases of an amendment? Senator Dillard seeks leave of the Body to return House Bill 340 to the Order of 2nd Readlng for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 340. Madam Secretary, have there been any Floor amendments approved for consideration; ACTING SECRETARY HAWKER: Amendment No. 1, offered by Senator Dillard. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dtllard. SENATOR DILLARD: Thank you, Mr. President, Ladies and Gentlemen of the Genate . This amendment just adds and clarifies that a local gavernment Which is required to prepare a fiscal statement can either choose to publish the names and salaries of all personnel, which is the current law, or it can do it by brackets, sort of increments of fifteen to twenty thousand dollars, et cetera. And I Would move its adoption and be happy to answer any questlons. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discusslon? Senator Welch. SENATOR WELCH: I have a question of the sponsor. PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates hg will yield. Senator Welch. SENATOR WELCH: SenaEor Dlllard, this information that you're putting in brackets is some of the very little information We get from Our townships in downstate Illinois. Does -- Ehis applles throughou: the stater and if so: why do you Nant to do it? I don't understand the value of bracketlng amounts of salary. PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Dillard. 44 - . L- - '<- . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995
Senator Welch, first of all, many local governments do this j already. They do it by brackets, and this still allows and forces a township to publish in newspapers the sakary of a11 of its employees, but rather than sometimes with people who have the same jobs, who may have different anniversary dates and one person may make two hundred dollars more than the other and cause internal dissension amonq those employees. This came to me frcm a township supervisor up in my area of the State, who sald it would be a lot better if we did not have to -- you know, to the penny compare every employee that we have. And thës just brackets it like ks done now, for example, with schocl districts. It does it the same Way, and it's still of a choice. It's a choice by the local township or the local unit af government how they want to do it. Bu* by brackets, lt's still there. A11 the names are printed, and I believe the brackets are small enough so that there's full disclosure. But it's really for internal peace and harmony anong employees, Senator Welch, that thks supervlsor brought this to me.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
Well, you knowr one supervisor I don't think should determine what the legislation ié for the State. You knowr we recently had a township -- an annual townshkp meeting in the township I live in, and I decided to go to it. And you know what happened? I was the only person there. They elected me the chairman of the damn township caucus. This is the only information we get. What -- how much are *he brackets that you're talklng about, and does this apply just to township officials?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard . '
45 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Lggislatlve Day May 19r 1995 fênaEor Welch, under 15,000, 15,000 to 24,999, 25,000 to 39,999, and 40,000 and over. It's the same Way of if you don't like thisr then we better change it in the School Ccde for al1 the schools that are out there? but this would apply to all loca) governments, and it gives them the choice of doing lt to the penny or doing it by brackets. But most importantly, Senator Welch, the names of the employees are out there for the public to see.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch. SENATOR WELCHI Senator, are you talking about elected officlals, as well as employeesr or just employees and not the elected offlcials?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dlllard.
This part of the Act which I amend deals only with employees, nct elected officials. believe the elected officials' salarles are publlc matters anyway.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
Does include the salary of the township attorney as being Within a bracket, or does that have to be specific?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dtllard.
In this part of the Act, this deals only With employees, unless that is a full-tlme position.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Walsh.
Thank you, Mr. President. Will the sponsor yield? 46 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indkcates he will yield. Senator Walsh.
Senator Dillard, how does thls differ from your origlnal proposal that -- that you brought to the committee?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
Senator, that gave -- this is much more, I guess, broad in terms of publication. My original proposal was to give them the optian to publish anything or -- or to publish names individually like is in the Statute now. This is different in the fact and it was the suggestion of a couple Members of the Local Governmen: committee that we go to bracketfng . So this allows the publication of thgir names, bracketed dollar amoun*s which thelr salary is, where the other one wculdn't have had anything publlshed .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh.
Thank you. This is a -- this, thlnk, is a reasonable solutlon. And I think, as the Senator pointed out, this is currently done with the schools, and I stand in support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dtscusston? If not, Senator Dillard, to close. Oh! Senator Dillard, to closg.
appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) All those in 'avor, say Aye. Oppcsed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments apprcved for consideration? 47 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19r 1995
1 I Amendment No. 2, offered by Senator Klemm.
PRESIDINGOFFICER: (SENATORDUDXCZ) Senator Klemm. 1
Mr. Presldent, I -- I -- we did not move that amendment out of committee, so I'm not sure -- that's why you caught be off guard . It's not an amendment that I have on my schedule. PRESIDING OFFICER) (SENATOR DUDYCZ) Senator Klemm.
I'd like to make a motlon to table Amendment -- Floor Amendmgnt No. 2 to House Bill 340 then.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klenm moves to table Amendment No . 2. Al1 those in favor, say Aye. Opposed, Nay. The amendment -- the amendment is tabled. Any further amendments approved for considerationy Madam Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 375. Senator DeAngelis. Madam Gecretary, read the btll.
House Bill 375. (Secretary reads tktle of bill) 3rd Readinq of the bill.
PXESIDING OFFICER: (SZNATOR DUDVCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. House Bill 375 consists of four amendments. The first amendment exempks the Public Building I 48 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 Commission of the Chicagc school dlstricts from property tax -- tax caps. That was the legislatlve intent Nith the caps to begin with. Committee Amendment No. 2 was Senator Lauzen 's amendment which #dded *he prcvisions of Senate Bill 326, Which was Senator Syverson's regarding non-referendum bonding authority cf park districts and also the downstate referendum on caps. Committee Amendment No . is my bill, Senate B(l1 213, which came out of commtttee. There Was supposed to be a Floor amendment put on that whlle (t was in here. We never got around to doing it, and the amendment With the recommended amendments that were suggested by the people who had a problem with the bill. And Committee Amendment No. 4 is Senator Rarpiel's Senate Bill 521, which was offered by Senator Pitzgeraldr which adds the Hoffman Estates Sears TIP citationr Which says, as the TIF dissolves, the increments should be treated as new property. Be very happy to answer any questions. If nok, I urge a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any dkscussion? Senator Molaro.
Xes. Would the sponsor yleld for a questlon.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Molaro.
As -- Amendment No. 3, we are now making -- or codifying and making it mandatory that you have to do the income method as apposed to the market value method?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAnqelis. SENATOR DeANGELIS: senator Molaro, you're talking about the assessor's objection, we have put in this amendment, in order to appease him and guess I can't go any further, other than to destroy the 49 YJ STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION EENATE TRANECQIPT 53rd Legislative Day May 19, 1995 bill - and that ls Ehat he can request this. Now, one of his objections is that he had to do this every year. He -- al1 he has to do is request the revenue numbers. And frankly, I find that the revenue approach is coincidental to the market approachr 'cause youdre not going to get any more than what -- the noney it brings in.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro.
Thank you: Mr. President. Then, to the bt11: Well I happen to disagree with the Senator from northern Cook County -- I meanw southern Cook County. Point, what wedre doing is, When you assess property: there's two way: income approach; market value. Income approach is based just on the rental, you know: income versus deductions and expenses. Well the problem, what it seems to me to be, is thaE someone runs their property the wrong Way and theydrg paying too much for stuff and their -- their expenses are up, that's going to lower it because the income at the bottom line is golng to be less. So therefore, what wefre golng to do is welre going to take a11 these b1g downtown buildings and make it easier for them to get a tax break. Now, in the age of tax caps, if we're going to give a break ta a1l these big downtown buildingsy the only way that we 're going to do it then is we 're going to shift the burden to the single fanily or -- or -- or two flats. That's the only way this could happen. Why we are insisting on making it easier for people ta get a tax break who own big downtown buildings, I don't know. Right now the market value is there and we can use that approachr and the assessor could say no to some of these hiqh-powered lawyers who come in there and try to ge* Ehese reductlons. If w9 allow them to use these if We allow them to use this wayr we 're really going to hurt ourselves and the taxpayers of Cook County, so I stand ln opposltlon. Thank 50 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leglslative Day May 19, 1995 you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Jacobs.
Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. Would the sponsor yield for a couple queskions?
PRESIDING OFFICER: (SENATOR DUDXCZ) Sponsor lndicates he will yield. Senator Jacobs.
Thank you , Mr. President. Senator, I see that you did do one thlng. appears that you corrected the language this particutar amendment from what it was last year on the park distriets, and think that's a step in the right direction. But in regards and I think everybody should be listening because this is a tax cap bill. It is a downstate tax cap bill. And for of you on this side of the aisle and many of you who shutter when you hear the HTC'' word, I think you should pay a little bit of attention and maybe the Senator can elaborate on a little bit. But as read it, this Will extend tax caps to downstate taxing districts if approved by referendum brought by a county board or taxing distrlcts for counties that have higher equalized assessed valuation khan 1983. With that, Senator, we truly believe in tax caps, is there a provision to bring a citizen's lnttlative to have this referendum?
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator DeAngelks. SENATOR DeANGELIS: I'm sorry. Ask that question -- I Was talking to Senator Collins.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.
51 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 She always gets preference. Senator, yesy when we talk about allowing the counties to have the authorlty, or their taxing bodies to have the aukhority to bring a referendum for tax caps, do we also, in this provisicn, in this amendment, allow for the citizens to bring an initiative for a tax cap?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: defer that to Senator Syverson, whose bill that is.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.
Thank you. Currently that is not in the legislation. That's what we negotiated on the original 326, and what i: does is empower the local county boards - and hopefully they dre the -- one of the closest levels of government to the taxpayers and it would be up to the county board to to put that onto the ballot, which would actually make it easier for citizens to put it on because they Would not have to go out and get a11 the signatures and have government challenging those signatures.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.
Thank you. However, there are provisions in this State to allow citizens Eo bring initiatives, and we truly are a believer cf tax caps, then why did we not include that initiative in this bill? Youdre leaving it in the hands of the county to make that decision. We are telling the county board thaty yeah, you can pass tax caps if you desire to or, no, you don 't have to if you don't want to. And I think that's really just passing the buck, and we truly are interested tax caps and we're really interested in the citizen and if we're really interested in 52 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 the hameownery then why did we not allow the homeowner the right to bring this initiative? If we dre Eruly believers *ax capsr I think we should have done that. I just happen to think this is not a good idear and I'm gaing to vote No.
PRESIDINC OPFICER: (SENATOR DUDVCZ) Any further discussion? Senator Carroll.
Thank your Mr. Presidentr Ladkes and Gentlemen of the Senate. rise also in oppositlon, basically because of what we're doing to a district like mine. I don't have a downtown building in my district. Whether they're good management, bad management, I do have a 1ot of people who own homes; I do have a 1ot of people who own two flats, three flats and condominiums. And What Amendment No. does is says, if you're a bad operator of a downtown buildingy as compared to your next-door building -- tWo identical buildings. One's half full, the other's full. First of all, I think it's illegal -- under the unifornity provisions of our Tax Code, to treat cne building dlfferent from the other, as a matter of law. As a matter of relief, an assessor can do now. But if you're goin: tc take Buildlng A and say that the assessor has to tax lt at one level and identical Buildlng B but happens to be half occupied at a different level, flrst of all, I think that vlolates the rest of our Statutes. But more importantly is, to give that guy who didn't operate well a benefit means that my taxpayers are going to have to pay more. That's not tax relief, the thing that the people have asked us to do. It's the opposLEe. It's raisin: the tax that my real estate taxpayers are going to pay, and against
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator nurzynski.
Mr. President, move *he previous question. 53 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 PRESIDING OFFICER: (SENATOR DUDYCZ) I There are no furtherspeakers. Anyfurtherdlscussion? If 1 I notySenatorDeAngelisrtoclose. SENATOR DeANGELIS: 1 Thank you, Mr. President. Let me clarify a few points. First of all, we have elininated thcse factors which Would lean toward a bad-management theory. The debt service for somebody Who over-leveraged is eliminate -- Senator Carroll, are you listening? We've eliminated it. And when you talk about cost shifting, let me tell you where the cost shifting really occurs. Right now the assessor can do thts and does do ity except that he does it in a closet. Nobody knows when he does it and hcW he does it. But every time he does it Nithout this codiflcation, every change rgsults in what is picked up as an underassessment by the Department of Revenue and triggers a higher nultipller, and, my friend, that higher multiplier goes to those very same homeowners that you and I are concerned aboutr including ourselves. So Why not codify an actëon he currently engages in and then eliminate the triggerlng of that higher multiplier? And basically, that's what drives this Whcle thing. We have taken out those factors that shoddy management mlqht have, and we've tried, in every Way possible, to turn around and -- and make this thing so that there is no benefit ko that person in that category. But I got to tell your the person that's currently suffering without this is, in factz the taxpayer: because that underassessment has triggered a significant, signlfican: multiplier. I urge your support for thls. PRESIDING OFFICER: (SEHATOR DUDYCZ) I The question is, shall House Bill 375 pass. Those in favor Will vote Aye. Opposed Nill vote Nay. And the voting ls apen. Have al1 voted who wksh? Have al1 voted who Wish? Have all voted I who Wish? Take the record. 0n that question, there are 34 Ayes, I 54 ' - ' ) =-. . - - -. -. . - STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 22 Nays: none voting Present. And House Bill 375, having received the required constitutlonal majority, declared passed. House Bill 377. Senator Parker. Do you wish khis bill returned to the Order of 2nd Reading for the purposes of an amendment? Senator Parker seeks leave of the Body to return House Bill 377 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectlon, leave ls granted. On the Order of 2nd Reading is House Bill 377. Mr. Secretary, have there been any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Madigan.
PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Madigan.
Pardon me, President. Amendment No. offered by Senator Barkhausen.
PRESIDING OEFICER: (SENATOR DDDXCZ) Senator Barkhausen. Senator Barkhausen.
Thank you, Mr. Fresident. Amendment No. 7 is an -- embodies an agreement between the Office of the Commissioner of Banks and Trusts and *he Chicago Bar Associaticn. It makes technical changes to clarify in the Corporate Flduciary Act that the commissioner is not seeking, by this legislation, regulatory authority over attorneys' charitable trusts: nct-for-profit corporations and other perscns or entities that currently administer trusts on an indlvidual basis, but who are only regularly engased in business as a corporate fiduciary. And I move its adoption.
PRESIDING OFPICER: (SENATOR DUDYCZ) Is there any dlscussion? Senator Berman.
55 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY : REGULAR SESSION SENATE TRANSCRIPT ( I 53rd Legislative Day May l9, 1995 E I Question of the sponsor. ' i I PRESIDING OFFICER: (SENATOR DUDYCZ) j Sponsor indicates he will yield . Senakor Berman. I I
Wasn't this incorporated in the bill that we passed aut yesterday? Senate -- House Bill 1023 or -- you kncw, the one that you previously had and you gave to me?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Barkhausen.
Nos not these provisions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Berman.
Which amendment is it that has the same language?
PRESIDTNG OFFICER: (SENATOR DUDYCZ) Senator Barkhausen.
I'm not sure offhandr Senator Berman. It was an earlier amendment that was adopted in committee.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Parker.
No...
PRESIDING OFFICER: (SENATOR DUDYCZ) If there's no further dlscusston? A1l those in favor, say Aye. Opposed, Nay. The Ayes have ity and the amendment is adopted. Any further Floor anendments approved for constderatkon?
Amendment No. 8, offered by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Barkhausen. 56 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995
Thank you, Mr. President. Amendment No. 8 is What was Senate Bill 777. It Nas a bill passed unantmously by the Senate 57 to notbing creating a within the Department of Commerce and Community Affairs a center for business ownership succession and enployee ownershlp, and I move its adoption.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, a11 those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any further Floor amendments approved for consideration?
Amendment No. 9, offered by Senator Parker.
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Parker.
Thank youy Mr. Presidenb. This ls really a wholly technical amendment. It corrects an internal Section of mlscltation. I move its adoptlon.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? A11 -- if not, all those ln favor, say Aye. Opposedr Nay. The Ayes have it, and the amendment is adopked. Any further Floor amendments approved for consideration?
Amendment No. l0, cffered by Senator Barkhausen.
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Sarkhausen.
Thank your Mr. President. Amendnent No. 10 embodies Senate Bill 433, creating new remedies within the Business Corporaticn Act. This, tao, is a bill that Was previously passed unanimously by the Senate. And I move its adoption. PRESIDING OFFICERt (SENATOR DUDYCZ) 57 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 Any discussion? If not, all those in favor: say Aye. Opposed, Nay. The Ayes have tt, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reportedr Mr. President.
PRESIDING OFFICER: (SCNATOR DUDYCZ) 3rd Reading. House Bill 385. Senatar Maitland . Out of the record. House Bill 412. Senator Woodyard. Mr. Secretary, read the bill.
House Bill 412. (Eecretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Woodyard.
Thank you, Mr. Presidentr Members oe the Senate. This bill was discussed I know a year, year and a half ago with -- EPA or at lgast the premise of of trying to do something because cf the enornous expense that dust collectors are costing in some of the rural elevators. And out of that came a bill that Was -- is certainly supported by the Illinois Grain and Feed Assoclation which would exempt elevators in just the dump pitse where you dump the corn or soybeans or wheat, from having to have that -- those dust blowers, but there are two provlslons in *he bill that 1 -- I thtnk give pretty adequate protectione one of them bein: Ehat it applies to only elevators that -- that are tWo million or less bushels of storage capacity, which means the smaller elevators. And the second thing, they Would have to be located at least a thousand fee: from any residential area before the exemption would apply. And so that's What thq bill basically does.
PRESIDING OFFICER: (SENATOR DUDYCZ) 58 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9: 1995 Is there any discusston? If not, the question is, shall House B1l1 4l2 pass. Those in favor will vote Aye. Oppased W#l1 vote Nay. And the voting is open. Have al1 voted who Wish? Have all voted who wish? Have all voted who wksh? Take the record. On that questionr there are 57 Ayes, no Nays: none voting Present. And House Btll 412, havtng received the required ccnstitutional majority, is declared passed. House 9i11 Senator Cronin. Mr. Secretary, read the bill.
House Bill (Secretary reads title of bill) 3rd Reading of *he bill.
PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Cronin.
Thank you, Mr. Prestdent, Ladies and Gentlemen of the Senate. This bill provldes for klnd of an alternative creative Way to infuse more money into the public school system. T* creates the Public Education Affinity Credit Card Act. It permits the treasurer to enter into an arranqement With a credit eard issuer whereby the issuer agrees that a portion tbe revenue from the card charges Will be deposited by the treasurer in a Publie Education Affinity Credit Card Trust Fund. Those monies can be used for public education. We're al1 supportlve of publie education. T ask for your favorable consideration . Thank you.
PRESIDINC OFPICER: (EENATOR DUDYCZ) Any discussion? Senator Garcia.
Thank you: Mr. President. Would the gpcnsor yfeld?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he Will yield. Senator Garcia.
59 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislattve Day May l9y 1995 SenaEor Cronin, I supported this bill in committee, 'cause certainly support whae youdre trying to achieve, in terms of raising addltional funds for schools. Are there any precedents where this has been doner any particular schools?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Crontn.
I'm not aware of any.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Garcia.
Do you have any -- eaeh school set up their own fund, and so, does the address the creation, the establishment of such a fund? And do you have any idea of what kind of potential there night be?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.
don 't think each school sets up their oWn fund. It's mcstly a permissive program that the treasurer is permitted to set this up and -- and adopt procedures, and there 's a lot of latikude for the administration of
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Tratter.
Thank you very much, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Trotter.
Senatar Crontn, do you bave any -- any districts in mind when you -- when you drafted this legislation or were working with the Members from the House? Had they pinpointed some area that they 60 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 I thought it might benefit?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.
I have a11 distrlcts in mind. I think it's a statewide program. And I don't know what the -- you know, I don'E know how much money we're talking about: but it's -- certainly any additional dollars for public education is -- is a worthwhlle thing to promote at this point in time.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Trotter.
Okay. It says here that the designation of -- cardholders of afftnity credit cards should be required to designate a specific school district to benefit from their use by the card. Now, if this is supposed to actually help poor dlstricts, most -- unfortunately, poor folks don't have credit cards. So who -- who 's actually benefiting from this?
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Cronln.
Certainly not.w.tmicrophone cutoffl...
Well, that's a good polnt. And my -- my guess is that people Whor you know, seek tor you know, enjoy the benefit of this program are going to try to benefit their own school distri.ct, ggnerallv speaking. There may be some people that want to benefit Other Rore needy school districts. So I -- iE would be pure speculation. I -- I don't know hoW to ansWer that.
PRESIDING OFPICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Cronin, to close.
61 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 53F6 ECMiSYZVYVQ ZZM ZYM i9# 199% i i This has been debated pretky thoroughly. It's never recelved a No vote at any point in this whole process. I ask for your I I favorable consideration. I I PRESIDING OFFICER: (SENATOR DUDYCZ) i The question is, shall House Bill 473 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have al1 voted wbo wish? Have a11 voted who Wlsh? Have a1t voted who wish? Take the record. On that question, there are 49 Yeas, 5 Hays, 2 voting Present. And House 9ill 473, having received the required constltutional majority, is declared passed. House Sill 505. Senator Maitland , do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Maitland seeks leave of the Body to return House Bill 505 to the Order of 2nd Readlng for the purpose of an amendment. Hearfng no objection: leave is granted. On the Order of 2nd Reading is House Bil1 505. Mr. Secretary, have there been any Fkoor amendments approved for consideration?
Amendment No . 2, offered by Senator Maitland.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Maitland.
Well, thank you very nuch, Mr. Presldent. Members of the Senate, Amendment No. 2 to House Bill 505 does tgo things. It is requested by the County of Dupage to allow a referendum question on juvenile detention facilities to combine the two questions of construction and taxation for such facilities. Secondlyy it -- current law allows the above county board -- or boards which have approved the establishment of a detention home to thon levy a tax whlch Was not approved by referendum. This tax rate, however, is combined by thls language to -- to six percent of EAV of all property in the county. I know ofnooppositionrandTwould j 62 ' l .. . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislatlve Day May l9, 1995 I appreciate support for Amendment No. 2. I PRESIDING OFFICER: (SENATOR DUDYCZ) I ' Any diseussion? If not: a11 those ln favor, say Aye. I i Opposed, Nay. The Ayes have it, and the amendment is adopted. I I Any further Floor anendments approved for consideration? I SECRETARY HARRY: I No furkher amendments reported. I
PRESIDING OFFICER: (SENATOR DUDVCZ) 3rd Readlng. House Bill 507. Senator Peterson. Senator Peterson?
Thank you; Mr. President. I move to table House Btll 507.
PRESIDING OFFICER: (SENATOR DUDYCZ) You heard the motion. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the notion passes. House Bill 527. Senator DeAngelis. House Bill 544. Senatot Mahar. Do you Wish this bill returned to the Order of 2nd Reading for the purpose of an amendment? Senator Mahar seeks leave of the Body to return House Bill -- 544 on the -- to the Order of 2nd Reading for the purpose of an amendmene. Hearing no objection, leave is granted. On the Order of 2nd Readinq is House B111 544. Mr. Secretary, are there any Floor amendments that have been approved for consideration?
Amendment No. 1, offered by Senator Mahar.
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Mahar.
Thank you: Mr. President and Members. This is the latest revision of the concept known as Brownfields. It is significantly I different from what had passed thls Chamber several weeks aso. I think tbe principal bone of contention during that debate and Ehat 63 STATE OF ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 vote revolved around the tax incentlves which were in that bill. That has been totally removed from this bill. I wlll go through a I few of the points that are in this. The legislation applles to I al1 remedial activlties, excluding speeifically noted activities ' i governed by federal law, the LUST program and remedial actions I Where the owner or operator wlshes to complete the remediation of a site presently enrolled in the IEPA'S pre-notiee clean-up I program. Clean-up levels are deternined based on a level of rlsk encountered at the si*e after considering the future land use. Protection is provided to prevent property being utilized inconslstently with the level of cleanup achieved. The review process is modified to allow the land owner to engage in private review or full EPA review. In either case: the ultimate approval wlll be given by the IEVA and a1l reviews will be under the direction of the IEPA . And finally, *he llability provisions regarding cost apportionment are made conpatible with curren* law . I'd be bappy to try and answer any questions, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Trotter.
Thank you very nuch, Mr. Presldent. Will *he sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indlcates he will yield. Senator Trotter.
Yesy just had a few questions I had asked on -- in committee. One in particular, of course, ks dealing with the -- the whole notkon of -- of getting rid of the joint and several liability clause Nhich came up. Under this -- under this bill's fault-based proportionate share liability scheme, who would pay for the shares 1 of *he cleanup that cannot be apportioned to the responsible j parties? l I PRESIDING OFFICERI (SENATOR DUDYCZ) j 64 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 Senator Mahar.
The -- the ldea of proportionate share thcse who had contributed nost tp the -- to the situation that needs to be remediated will be the ones who Will be cleaning up. Who would have to pay for that would probably go back to the fund -- Illinois -- State of Illinois - to us, as Members of the General Assembly, to consider that.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Trotter.
So -- so just more clearly, What you're saying is, we cannot identify those lndkviduals who made the mess, the taxpayers of Illinois will be responsible for cleaning up these areas, correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar.
The taxpayers of the State of Illinois are the ones who are being singled out and hurt byr number one, the sites Whfch are not rpmediaEed; khey're vacant; they are not commercially producing, and they're not employing Illtnois cktkzens. That hurts every school district, every local government, in the State of Illinois, where one of those areas exists.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Trotter.
And I -- and I certalnly agree with that. The bad guys get cff and we, once aqain, the little people, are goin: to get hurt. Does this bill provide for a new funding mechanism , a new funding source, so we can take care of this -- this dastardly deed?
PRESIDING OFFICER: (SENATOR DUDYCZ) 65 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 Senator Mahar. SENATOR MAHAR: . i There is, number one, no fiscal impact to the State as regard E to tax incentives. Number two, the -- one of the re#sons that the I sites are not being cleaned up is because of the immense cost. That cost is being reduced by the risk assessment level, Where we I I have a three-tiered approach. Not a1l sites Will have tc be 1 cleaned up to the fullest extent, but rather ko the extent of Which the land WLll be used. And -- and finallyr I think that the assumption that just because we are going to go to a -- a proportionate share, that there will be a tremendous amount of money lost and unrecoverable is an assumpticn which I don't agree with and I don't think that anybody in this room has statistics to bear that out. PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Trctter. SENATOR TROTTER: And that's -- that's absolutely true. No one has the dlrect statistics; however, in the commlttee, in talking to the Department of Environment -- Environmental Protection Agency, they said it would certainly be probably costing millions of dollars. They did not have an exact number. Those milllons of dollars, oc course, will come from, one, the cleanup itself in assuming those orphan shares, and the second cost w111 be those court costs in which we will be spending millions of dollars golng to the -- the courts trying to find Who had -- who d1d what and what proportion they had actually contributed to -- to the mess. So there is going to be millions of dollars spent somewhere on -- down the lkne by the taxpayers of Illknois. Just one final question, because We -- We did dgbate thls in committee, and it was certainly then we found out that this might really be a big mistake at this point tn i I time, in lettlng the big guys off the hook. But, has the I 66 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislattve Day May l9, 1995 Governor, to your knowledge, have -- does he have any positicn on this bill?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar. SENATOR MAHAR ; have not discussed this bill with the Governorr though he -- the administration has been involved in the negokiations and negotiations are ongoing.
PRESIDENG OFFICER: (SENATOR DUDYCZ) Senator Trotter.
Just to thak pcint: For one, of coursez the -- the Department of Environment and Protection Agency is against it and also it's been brought to my attention, though I have no* personally talked to the -- the Governor, but the Governor is opposed to this - - this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Welch.
Thank you, Mr. President. What thls b111 is going to do is create a 1ot more lawsuits. What's going to happen is by eliminating joint and several liability, you're going to have lawsuits among the partkes who are deemed to be the responsible parties. Once the total cost is determined, youdre golng to have those parties suing each other to determine who is the most responsible. In a situatlon like thaE, *he indivtdual who may in the pas: have noE paid as much money wlll probably end up shouldering most of the burden. We have a situation in my area where one of the companies that had a contamination problem ended up filing bankruptey. The cost of cleaning up fell to the Super Fund. That's what's going to happen here. This is going to be a shift of costs from businêss to the E*aEe of Illinois. Ik's goinq 67 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 I I to result in more of our tax dollar golng for cleanup that should j be paid by those who actually contaminate property. So what we 're doing ts baklin: out polluters and shlftlng the burden of the Oost to our taxpayers. So if you're happy . with telltng your constituents that youlve decided to give more relief to those who are polluters and shift the burden to them, the voters, I think that would make a nice brochure for you to send outr and if not, your opponent probably will be sending that brochure out against ycu.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? Senator Palmer.
Thank you, Mr. Prestdent. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Palmer.
Senator, according to a letter I have from the Center for Neighborhood Technology : Which is one of the very well-respected organizakions operating in Chicago, there was an effart nade to include in thls process some citizen participation or at least to allow taxpayers to be notified that there was a remediation action golng -- that was going to take place in their neighborhoods and thereby to allow them to know what potential risks were and to know what the intentions were for the land in the neighborhccds in which they lived. We're very fond of talking about what taxpayers want, and ik would seem ko me one of the most fundamental things they would want would be to know What Was going to happen in their neighborhoods. So I'd like to know, accordlns to this, why that part was not put lnto the bill.
FRESIDING OFFICER: (SENATOR DUDYCZ) senator Mahar.
I 68 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 I Thank your Mr. President. Actually, that's a very good polnt, and that point ac*ually is addressed in the bikl. And if I might ; read a -- a line here: Allows the owner or operator to enter into a service agreement with the Agency fpr Agency asslstance in ' I community outreacb efforts. Requires the Agency to maintain a ' registry listlng of those sitings undergoing remedial action l I pursuant to this Title. I PRESIDING OFFICER i : (SENATOR DUDYCZ) I Senator Palmer. I SENATOR PALMER: I Thank you, Senator Mahar, but *ha: ls not quite what I meant. To keep a registry is not the sane as to provide Cor a process by 1 Which citlzens who live in that community can actually learn firsthand what's going on, to... We spend a lot of time ln our committees Ealking about issuing notices when taxes change, when al1 kinds of things change, and thls is one lf the most fundanental changes that could happen. You have a contaminated field, a contaninated corner in your neighborhood and you don 't get a notlce to find out that there is going to be some remediation takeny and you don't geE to participate in that. And I'm asking Why that is not included in this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar.
Thank you, Mr. President. Well: there is a registry so they can find ouk where these sites are. Further, I would suggesE ehaE we have establisbed a Site Remediation Advisory Committee Which will be responsible for promulgating many of the rules dealing with community outreach. And I'm not 'amiliar, Senator Palmer, with the organization that -- that you have clted, but I'd be more I than happy to suggest that they be included in membershlp wiEh the j -- on *he Advlsory Committee. 69 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislatkve Day May 19p 1995
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Burzynski.
Thank you, Mr. President. I mov: the previous question.
PRESIDING OFFICER: (SENATOR DUDYCZ) There are two additional speakers. Further discussion? Senator Berman.
Thank you, Mr. President. I Would suggest that the sponsor take this amendment out of the record. The reason for my suggestion is this: I think there are some good points to address these polluted sites that are included in this amendment. The trouble is, you 've put one or more pieces into this With the goad pieces, and particularly the elimination of joint and several liability and making it proportionate share. The passage of this amendnent and the passage of this bill is not going to be offset by the good points in the bill. This is going to result in tens of millions and I$m probably being conservative - tens of millions, not hundreds of mkllions, of dollars increased expenses to the people of the State of Illinois for cleanup Nhich we presently don't even appropriate suffkcient money to do now. If you vote Yes on this amendment, just as Senator Welch said, you're going to be putting yourself kn a terrible position regarding picking up the costs of polluterq and making the taxpayers pay for And you're not even going to be willing to appropriate the money to pay for it, which is even worse. urge a No vote on thks amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dëscussion? If not, all those in favor, say Aye. Opposed: Nay. The Ayes have and the amendment adopted. Roll call has been requested. A11 those -- Senator Maharz to close. 70 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 53rd Legtslatkve Day May l9z 1995 I SENATOR MAHAR: Thank you: Mr. President. If I might just very briefly address a couple of -- a couple of points. Dealing with joint and several liability, the General Assembly has passed and the Governor has signed lnto a 1aW a revised liability and appcrtionment system . We've already done away With it. This legislation brings the Illinois Envlronmentat Protection Act lnto conformance with these new provisions. The plakn and simple fact of the matter is, we have these sitesy both large and small, many large sites which are vacant in the Ctty of Chicago. There are tWo things that ar9 needed before the buslness community will make their investment and before the lenders will make their investment and that is the risk-assessed system, the three-tiered system We have in here and the fair Way of assessing who has to pay the costs, and that is proportionate share. Without that, then what you're voting for is to do nothing and status quo. I suggest we move forward and put these things -- these blocks of land back on the tax rolls where they are producing products and -- and employing Illinolsans. This is probably the bkggest employment bill this -- the Members of this General Assembly will have an opportunity to vote on this year. I would move adoption. PRESIDING OFFICER: (SENATOR DUDYCZ) A11 those in favor, vote Aye. Opposed, Nay. And the votlng is open. Have al1 voted who wlsh? Have a11 voted who Wish? Have a11 voted who wish? Take the record. There are 39 Ayes, 13 Naysz and 4 voting Present. And *he amendment is adopted. Any further Floor amendments approved for consideration? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . On the top of page 7 OE your regular Calendar, Houge BL11q on Ehe Order of 3rd Readinq, House Bill 652. Senator x 71 L- - - - . - - - ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 53rd Legislative Day May l9, 1995 Parker. Out of the record. House Bill 686. Senator DeAngelis. Mr. Secretaryr read the bill.
House Bill 686. (Secretary reads title of bill) 3rd Readlng of the bl11.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. House Bill 686, as amended, allows FOID card denial and revocation authority for firearms for domestic-related battery, assaultr aggravated assault and violation of an order of protection commltted within the last five years. The committee Worked this bill over pretty gocd , because they thoughte when it came aver from the House, was a little too broad. I'd be happy to answer any questlons, and If11 ask for the assistance of Senator Hawkinson, if they get too tough .
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Hendon.
Very quick. The person has to be convicted or found to be - - in violation, is that rlght? Nct just accused.
PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SEXATOR DeANGELIS: Yes.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Farley.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he 'll yield, Senator Farley. 72 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leglslative Day May l9e 1995
Yes. Senatory could you tell me what the eost would be this legislation?
PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Last figure We had is around five hundred thousand dollars.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Shaw. I beg your pardon. Senator Farley, excuse me.
Is that start-up cost or is that an annual cost or -- what klnd could you break that down for me?
PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: It's primarily for the capturinq of the data that's necessary to feed this systen .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Shaw. Well, Senator Farley...
Yeah. Will the...
PRESIDING OFFICER: (SENATOR WATSON) Just a minute. You've got to 1et us know. Senator Farley.
Yes. Also, could you explaln to me the five-year provision? The analysis that I have says that if someone Was convicted Within the past five years of domestic battery and *he assault and *he other charges, that their card Would be pulled . So somebody that committed a violatlon four or five years ago, they would noW go back and take this card, is that -- is that correct?
FRESIDING OFFICER: (SENATOR WATSON) 73 STATE OF TLLINOIS 89TH GENERAL ASZEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leqislative Day May 19r 1995 Senator DeAngelis. SENATOR DeANGELIS: Senator Earleyr it's prospective.
PRESIDING OFFICER: (SENATOR WATSON) PurEher discussion? Senator Shaw. SENATOR SHAW; Will the sponsor yield?
PRESIDINC OFPICER: (SENATOR WATSON) Yes, he will.
Want to follou up on what Senator Farley uas asking . Is this -- does this leglslation -- is kt retroactive back to five years from today?
PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: No, Senator Shaw. It is prospectiver which means whgn the bill is -- from the day the b1l1 is signed into law y or the effective date of the bill.
PRESIDING OFEICER: (SENATOR WATSON) Further discussëon? Senator Shaw.
Does this bave an immediate effective date?
PRESIDING OFFICER: (SENATOR WATSON) Senakor DeAnqelis. SENATOR DeANGELIS: January 1st, Senator Shaw, '96.
PRESIDJNG OFFTCER: (SENATOR WAT:ON) Senator Shaw .
And one final question: Once the POID card has been revoked, what do we do With the guns at that point? 74 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19: 1995 PRESIDINC OFPICER: (SENATOR WATSON) Senator DeAngelis. ! SENATOR DeANGELIS: ' same as the revocatlon today, Senator Shaw, and that is, you 'd have to get rid of it or turn it in. PRESIDING OFFICER: (SENATOR WATSON) l Further discussicn? Senator Woodyard. I SENATOR WOODXARD: I Yes, Mr. President. A question of the sponsor, please. PRESIDING OFFICER: (SENATOR WATSON) ! Sponsor indieates he'll yield, Senator Wcodyard. I SENATOR WOODYARD: ( Senator, there is a process, but it's not firearm-related ! convictions, whereby a person could lose a FOID card if they had I been incarcerated under a civil -- under civil law. And to get their FOID card back, there is an appeals process before a I three-member review board. Does this do anything -- I mean, is 1 . there an appeal process in thisr or does khis just -- it's revoked I for the period of time, if the person is convicted under the provisions of firearm-related incidents. PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Under this billr if they have, in fact: commltted the acts that are in here and been convicted, then they lose their FOID l card for five years. PRESIDING OFFICER: (SENATOR WATSON) ' SenaEor Woodyard. SENATOR WOODXARD: But how do they get lt back? Do they have to go through thls ! 8PPeals process to get it back? I PRESIDING OFPICER: (SENATOR WATSON) I 75 . ( ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 Senator DeAnselis. ! SENATOR DeANGELIS: After the five-year period, they can reapply. PRESIDING OCFICER: (SENATOR WATSON) Further discusslon? Seeing noner Senator DeAnqelis, to close . I SENATOR DeANGELIS: I just ask for a favorable roll call. PRESIDING OFFICER: (SENATOR WATSON) The question is, shatl House B(ll 686 pass. A11 those tn favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, i there are 58 voting Yes , no voting No, no vctlng Present. House i I Bill 686, having received the required constitutional majority, is declared passed. House Bill 823. Senator Woodyard? Please rpad the bill, Mr. Secretary. SECRETARY HARRY: House Bill 823. (secretary reads title of bill) ! l 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard. SENATOR WOODYARD: Thank you, Mr. President. Members of the Senate, this bill started out as the Kickstart program for the State Police. That has tokally been deleted with the -- the amendment, and rlght now the bill only deals with two land transfers. They came in toc late to get into the omnibus land transfer bills. It provides for a land swap from Conservation to the Illini Farm Service in Douglas County, and it provides for an easement of land from the State to the City of Vandalia for use of public purposes. And that's a11 the btll doeg. i 76 . (, STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 I I PRESIDING OFFICER: (SENATOR WATSON) ! Any discussion? Any dlscussion? The questlon is, shall... Senator Hendon?
Very briefly. Wilt the sponsor ykeld?
PRESIDING OFFECER: (SENATOR WATSON) Sponsor indicates he'll ykeld.
Senator, did -- a11 of the items that was kn there about the State Police having their own fund to purchase cars, that's out, right?
PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard. SENATORWOODYARD: 1 That is correct. There is none of that left in the bill.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall House Bill 823 pass. Al1 those in favor, vote Aye. Opposedy vote No. The voting is open. Have a11 voted who wish? Have a11 voted Who Wish? Have a11 voted who wish? Take the record. On that question, there are 57 voting Yes, no voting No, no voting Present. House Bill 823, having received thê required constitutional majority, is declared passed. Senator Cronin, on House Bill 838. Out of the record. House Bill 913. SenatorDudycz. Senator Dudycz. Senator... House Bill 929. Senator Karpiel? Mr. Secretary, please read the bill. j
House Bill 929. (Secretary readstltle oëbill) 1 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) S I enatorKarpiel.
l I 77 ( '' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 53rd Legislative Day May 19, 1995 Thank you, Mr. President. This bill noW does two things. I 1 mean, actually it's tWo separate bills. PRESIDING OFFICER: (SENATOR WATSON) i I beg your pardon. senator, do you wish this bill returned to 2nd Reading for *he purpcse of an amendment?
Yes. Thank you. !
PRESIDING OFFICER: (SENATOR WATSON) Very good. Senator Karpiel asks leavg of *hq Body to return i House Bill 929 to the Order of 2nd Reading for the purpose af an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is -- ls House Bill 929. Mr. Secretary, are there any Floor amendments approved for consideration? SECRETARY HARRY; Amendment No. 1, offered by Senators Mahar and Shaw.
PRESIDING OFFICER: (SENATOR WATSON) Senator Mahar. Senator Karpiel, do you...
Amendment No. 1 is an exenption Which would -- allcws if any facility which Nas in existence on January lst, 1988, and expanded before January lsE, 1990 - and this includes processing and transferring of munictpal waste for beth recycling and disposal purposes - exempts them from the setback requirements for pollution control facilities which are used as garbage transfer statlons. Prohiblts such facilities frcm accepting landscape waste and other muaicipal waste in *he same truckload. .
PRESIDING OFFICER: (SENATOR WATSON) Further dlscussion? Senator Hendon.
Thank you very much, Mr. Prestden*. Wl11 the sponsor yëeld?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she will yield, Senator Hendon. 78 ( ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 53rd Leglslative Day May l9, 1995
Senator Karpiel, is this the two lines that was in House Bill 1089 that's special legislation just for the Plcad Brothers?
PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.
Senator, this is not the one for the Flood Brcthers. This is one that is located in Crestwood. It was a transfer station before 1988, was expanded in canuary 1st -- before -- January 1st: 1990, and then We passed the setback requfrements, and so it's now in noncompliance. This is just to put them in compliance.
PRESIDING OFFICER: (SENATOR WATSON) The motion is on regard to the amendment. Al1 those in favor; say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration? SECRETARY HARRY: ; I Amendment No. 2, offered by Senators Burzynski and Rauschenberger.
PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel will respond to the amendment. SENATOR KARPIEL: I It amends the Nuclear Safety Preparedness Act. Provldes that the appropriations to the Illinois Emergency Management Agency for the actlvitles associated with preparing and implementing plans to deal with the effects of nuclear accidents shall not exceed six hundred and twenty-five thousand in FY'96, seven hundred and Ewenty-fivethousandinFY'97,andseventy-- seven hundred and seventy-five Ehousand in PY '98 and thereafker. 1 I PRESIDING OFFICER: (SENATOR WATSON) ' A11 those in favor of the amendment, please signkEy by saying Aye. Opposed, Nay. The Ayes have 1t, and the amendment is adopted. Any further Floor amendments approved for consideration? 79 I I STATE OE ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May t9, 1995
No further amendments reported .
PREEIDING OFFICER: (SENATOR WATSON) 3rd Reading. With leave of the Body, we'd like to qo baek to House Bill 913. Leave is grantedr and fenator Dudycz' on House Dill 913. Mr. Secretary, please read the bill.
House Bill 912. (Secretary reads title of bi11) 3rd Rêading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.
Thank you: Mr. President. House B111 913 requires back pay ko police officers -- to cfficers who are not -- who are found not guilty in a suspension hearing or Who have served a suspension greaker than the State Police Merit Board prescribed, and it also requires seven pereent tnterest payment on the back pay. And it also permits *he Board to order costs and attorney's fees for frivolous litigation. The -- the language in this bill Was included in House Bill 3587. Last year, passed b0th Houses almost unanimously; at least it passed very easily. There were other provislons attached to it Which invited an amendatory veto from the -- from *he Governor and the General Assembly the former General Assembly failed to overEurn the veto. In 1989 -- well 1.11 -- 1911 just be glad to answer questions.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seelng none, the question 1sr shall House Bill 9l3 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have a1t voted who Wish? Have al1 voted who wish? Pleasg take the record . On that question, Ehere are 58 voting ïes, no voting Nos no voting STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR GESSION SENATE TRANSCRIPT 53xd Legkslatkve Day May 19z 1995 Present. House B(ll havin: received the required constitutional majority, is declared passed. Hcuse Bill 939. Senator Peterson. Please read the bill, Mr. Secretary.
House Bill 939. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson.
Thank your Mr. President. House Bill 939 provides that the Interagency Council on Blkeways shall convene at least quarterly rather than frcm time to time. It also requires that the Council shall include a county engineer and a representative from the Cook County Forest Preserve District. Ask for a favorable roll call.
FRESIDING OFFICER: (SENATOR WATSON) Is there any -- any discussion? Any discussion? Seeing none, the question is, shall House Bill 939 pass. A11 khose in favorr vote Aye. Opposed, vote No . The voting is open. Have all voted who wish? Have atk voted who wish? Have al1 voted who Wlsh? Take the record. On that question, there are 58 voting Yes, no voting No, no voting Present. House :i11 939, having received th9 required constitutional majority, is declared passed. Hcuse Bill 955. Senator Karpiel, for what purpose dc you rise? SENATOR KARPIEL; Mr. PresidenE, may I have leave to come back tc this bill in a little while?
PRESIDING OFFICER: (SENATOR WATSON) Leave granted. House Bill Senator Klemm wishes House Bi11 974 to be returned to 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 974. Mr. Secrekary, are there any 81 STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9r 1995 Floor amendments approved for consideraElon?
Amendment No. 6, offered by Senator Parker.
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
Thank you, Mr. Prestdent. This Amendment No. 6 allows local township boards of trustees to appolnt fire protecEion district trustees Cook County where the fire protection district lies wholly within a single county, but contains more than one township or municipality. would urge its adoption.
PREGIDING OFFICER: (SENATOR WATSON) Any discusslon? Senator Troteer.
Yes, will the sponsor yield?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she'll yieldr Senator Trotter.
Senator Parker, whc presently makes those appointments?
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
PresenEly, actually, kn the whole township, the board in that township would make the appointment to the ftre distrlct. What is unique in Cook County is that some of the -- *he areasr of courser are smaller and closer together, and some of the flre district areas have more than one township in them. So they may just have parts of maybg -- small parEs of one or *wo townships, and then that appointment is made by the Cook County Board president. So uhat we would llke ko do is to have it locallyp like the other tcwnshlps, done. Thi: only affects abouE eighE or Een townshtps ln khe area. 82 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995
PRESIDING OFFICER: (SENATOR WATSON) Senator Trotter.
Okay. So what you're sayinç, laW haS had it that *h9 currenE Cook County Board president, whom ls John Stroger, this is baslcally taking away some of his power that he's had and putting it in the hands of the the fire -- the fire protection townships Ksicl, is that correct?
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
What this does is allow the local people where there are fire dis*ricts that may have small, little parts of other townships appoint the same Way as fire dtstricts that have just one township their area and keep lt at the local level.
PRESIDING OPFICER: (SENATOR WATSON) Senator Trotter.
Yes. But now think we -- differentlating from the other hundred and one counties *he State Illinois. This clearlyr from way -- the way it reads here, a power grab by -- by indlviduals from khe County cf Cook. And I think it's itfs Wrong and we should be voting agalnst it.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Collins.
Question Of the Bpongor, please.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicaEes sheltl yield, Senator Collins.
When did this become a problem?
PRESIDING OFFICER: (SENATOR WATSON) 83 f STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 Senator Parker. SENATOR PARMER: I think this has always been a concern, but now we are trylng to address this. And this really is not a PoWer Qrab . This is something that puts things locally, as it does in other townships, and it really makes sense. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Rauschenberger. SENATOR RAUSCHENBERGER : I'd just like to maybe explaln to some oc the people in the room. I live in the far northwestgrn corner of Cook County . As a matter of fact, the street I live on is a border between Cook County and Kane County. The flre protection districts around us, because they cross township lines, are appointed by the Cook County Board - the trustees are. These are nonpaid jobs. But to tbink Ehat -- that Mr. Stroger has time to deeide who *he best trustees are for kownshlps located more than an hour's drive away from the heart of the City of Chicago is a b1g mistake. I -- I applaud the Senator's efforts to bring these down to local decisions where they should be. These are unpaid positions. These are -- these are, many times, volunteer departments. It's not a matter of patronase or anythlng else; it's a matter of local decislon making. And I endorse this bill. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Viverito. SENATOR VIVERITO: Xes. Will the sponsor yield to a question? PRESIDING OFFICER: (SENATOR WATSOH) Sponsor indlcates she'll yield, Senator. SENATOR VIVERITO: res. I was wonderins, Senator Parker: I'm familiar With township government and I know of cases in tognshlps where they . I I 84 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 ; made the question put to the people Whether they wanted to have an etecEed fire distrëct or not. Wouldn't that be more feastble, to ask the people in each partieular township if they Want to have their boards elected rather than appointed?
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
Because what you do then is eliminate that posslbility of someone appointing peopte that you don 't like.
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
I -- I would say that that's actually a separate issue. If you're going to be having an electionr al1 of a sudden you're creating another amount of money to elect people. This is very simply appointlng these people who are nonpald Eo the trus*ee board. We want to keep it simple. We want to keep it localr and they would be appointed, actually, by the people Who are elected there locally, which makes a lot of sense.
PRESIDING OFFICER: (SENATOR WATSON) Senator Viverito.
I -- I know Ehat *he township fire districts are compensated some financially. Perhaps maybe a small amount of mcney, but they are compensated. And they do have the conventions and scme of the other particular things, and that question was put in our particular township, Whether they Wanted an elected fire district or an appointed district. And franklyy they decided to have it appolnted .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator FaWell.
85 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislatlve Day May 19, 1995 I call for the previous question. ' PRESIDING OFFICER: (SENATOR WATSON) I Senator Parker, to close.
Thank you -- thank ycu. I would urge your support on this. This just brings this back to the local level so people who are locally elected there canmaketheseappointments. AndIwould 1 urge ycur adoption.
PRESIDING OFFICER: (SENATOR WATSON) All those in favor, say Aye. Oppcsed, Nay. The Ayes have it, and the amendment is adopted. Any -- any further Floor amendments approved for consideration?
No further amendments reported. 1
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 999. Senator Cronin? Out of the record. Senator Petka, do you wlsh House Bill 1069 returned to the Order of 2nd Reading for the purpose of an amendment? Senator Petka seeks leave of the Body to return House Bill 1069 to the Order of2ndReadingforthepurpcseofanamendment. Hearlngno 1 objection, leave is granted. On the Order of 2nd Reading is House i Bill 1069. Mr. Secretary, are there any Floor amendments approved for consideratlon?
Amendment No. 1, offered by Senator Petka.
PRESIDING OFPICER: (SENATOR WATSON) Senator Petka.
Thank your Mr. Presldent, Mezbers Of the Senate. Th9 amendmgnt Was old Senate Bill 145, which passed 59 to 0. It came I out of the Judiciary Committee this morninq on the attendance roll call. It merely makes the Statute of Limitations consistent I 86 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 1 between Ehe criminal sexual assault and the civil lawsuiEs which would be based upon that. I urge its adoption. .
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any discussion? Al1 those in favor, say Aye. . Opposed, Nay. Th9 Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR WATSON) 3rd Readlng .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaverr on House Bill 1106. Read the bill, Mr. Secretary .
House Bill 1106. (Secretary reads title of bill) 3rd Readkng of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver.
Thank you, Madam President and Members of the Senate. House Bill 1106 amends the University of Illinols Act to declare that Chief Illiniwek is the honored symbol of the University of Ilttnois. That's al1 kt does. Appreclate a favorable roll call.
PRESTDTNG OFFICER: (SENATOR DONAHUE) Is there any discussion? Senatcr del Valle. SENATOR dEL VALLE: Thank you, Madam President. I have a 1ot of respect for the sponsor of this bill and *he work that he does - the great Work Ehat he does - and the fine job he does in representing the Universkty OE Illinols. But I think that to pass this bill Would be a serlous, serious mistake. First of all, *his is a matter 87 t . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 . I l that should be handled at the University level. It's not a matter 1 that should be here before the Illinois General Assenbly. If we pass this bill, what wedre saying is that every grammar school, every high school, every college in the State OC lllinols can go. to their legislators and have them file bills to codify their mascot or their symbol. Can you imagine that? Thousands of bills filed. Talk about taxpayers' expense. Not only that, but then we're going to be -- because ke've injected ourselves into this debate about this mascot, we are gcing to have to every year, I'm sure, address bills to repeal this codificatlon of this mascot, because American Indians are no* çoing to stand still for allowin: the Illinois General Assembly to take a position on a matter that is of great imporeanee to them. And they're not going to stand still. They came to aommittee, and in a very artieulate manner, presented their views - very strong views. And I think out of respect for the Amecican Indiansr I think we ought Eo stay out of this matEer and allaw the University to establish a task force. Certainly we can pass a resolutlon urging the Universlty to establish a *ask force to look at this and to ensure that a11 -- all tnterested individuals have an opportuniEy to participate in the debate. But we should not take a position that, in effect, says to everyone, we know whak is best. We know that there's a complaint pendln; in the Departmeat of Education Civil Rights Division. What's going to happy Eo that? Where are *e going to be when that declsion gets made? I urge us to back off of thisf leave bt alone, le* the University deal with it, and not inject ourselves as a legislattve Body into this debate. l PRESIDING OFFICER: (:ENATOR DONAHUE) 1 1I Genakor Petkav Cor What purpose da you rise? 1
1 Thank you, Madam President. I move *he previous question.
PRESIDING OFFICER: (SENATOR DONAHUE) 88 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TNANSCRTPT 53rd LeglslaElve Day May l9, 1995 Thank you, sir. Therels -- there's one, two, three, fourr five, six, seven speakers. Further discussion? Senator Collins.
Thank you, Madan President. Quite franklyy Senator del Vglle has basically outlined our reasons, and I think they are legitimate reasons, for our not acting on this resolution. The University came before -- representatives came before -- was at the committee. They Were -- he stood in the back of the room . They took -- wanted to take no part in support or against this resolution. At -- Senator de1 Valle kept insistin: that they come to the table and express their vLews, and of course, he was noncommittal. They do want this resolution to pass, but they don't wan: Eo assume kheir rightful responsibility of actually addresskng this issue. This issue has no place in this General Assembly. If ycu look at What is happening around the countryr there are a 1ot of movement on the part of universities and other groups to get rid of any kind of synbols that in any way depicts a - - a -- a group of people or race of people in some kind of derogatory or demeanlng way. Nowr what ls demeantng to you may not be demeaning Eo someone else, or what is offensive to you may not be offensive to someone else. 3ut the reality, there are hundreds of thousands of people in this State that depicting that symbol is a -- I mean, ëE's noE so much of the symbol ltself or the -- or ehe person being Indian himself, bue it's the way the culture of that -- of the dance, When he comes au* on the field is demeanlng because lt does not deptct the cul*ure and the dance in the true way that lt -- that it Was represented. To -- to the Indiansy the dance was very sacred and kt was done Eor a very specific purpose, and it had meanlng to Ehe culkure, just as this so-called symbol represents and have a very high meaning and a high honor to the University students. So if, in faet, we feel because it has such a profound meaning and honor to the students 89 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 as a symbol just for the sake of some game, then what more could why should we not be more concerned for the the -- the cultural symbolism that it represents to a nation of people? And that -- thatfs Wherp we have to draw the line. For that reason, we should not be involved. Why not allow the University to resolve this issue? Create a task force, Senator Weaver, if you want to do anything at all, and demand that the universities bring kn the -- all who are interested parties in this whole thing and resolve this issue once and for all. But if we start doing this with this -- universitiesr We're going to have to constantly utilize taxpayersl dollars and tlme to conEinue to do this, and think it 's the wrong thing to do and it's the wrong precedent for us to set, and we ought to vote against it.
PRESIDING OFFICER: (SENATOR DONAHUE) Purther discussion? Senator Shaw.
Thank ycu, Madam President. But certainly -- to the bill: Certainly I don't think this is the appropriate way that this Body should be handling this. I think a -- it's a matter that should be taken up by the University, and it -- happen to have been in commlttee a few days ago when this bill came ouE of committee. And the Native Amerlcans were theree and Ehey testified that they did not want this -- the Unlversity using this mascot. And who's better to speak for Native Americans than Native Americans? Who are we in this Body to tell Native Americans, ''We are honoring you. We are honoring you''? That's what some o: the Members said, and thlnk that is rtdiculous: when they -- the Natlve Amerlcans was Ehere, or American Indians was therer telling you the flesh that they did not Want to have this at *he University . And you know, wasn't so long ago that renember, and it's the same thing, that -- they Were using the sane thing about African Americans, and they told us too that it 90 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 was a11 right. They used to put a -- a -- a little -- they called lt I'Little Black Sambon. That's what this is equivalent to to Native Amertcans. And they told us that kt was all right. This is not the Way to treat people - hunans - and *he American Indians have rights too. And they have feelingsr and What we are doing here ln this Body, or attempting to do in this Bodyp ks totalty disregard those feelings. Totally disregarded them . And Ehe University bave no business doing that, as the people had no buslness doing that to African Americans. And who are we in this Body, as Members of this Body who supposedly represent the views of people, is to depict or demean people in a way or a manner that -- in which they don't want to be demeaned? And tell themr ''It's a11 right. We are doing you an honor.'' That ls not the right Nay to go. And if we do this in 1995 to the Native American, we bre going to pick some other group in 1999 and tell them too, ''It's all right.'' But lt's because the Native Americans might not have a large voting block thls State or in your district. That's Why you're doing it. But you shouldn't do this. The -- this should be handled at the University level only, nat a natter for the Legislature. Why don't we deal with the budget and the problems that confront the State of Illlnois and the people of thls StaEe, not get involved or embroiled in a matter that the University can take care of? But that's what you want to do. But I think it's racism in the worst sense of *he word. That's what you're doing here. And if you vote for this leqislation, think youdre ldentifylng yourself as among *he -- what we have come to believe in this country in the 1960s as people -- we only care about people that look lëke us. That shouldn't be the way it is. This is unadulterated racism, and you should not buy into this.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw, can you bring your remarks to a close.
91 STATE OF ILLINOIS 89TH GENERAD ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leglslative Day May l9, 1995 Finally, we have some Native Americans ln the audience or in tbe balcony, and they can lock at lt. They already know what it is. But those of us on this Floor here who have experienced racisn, we too know what ik is. And that's what this is, and you should do the right thing and defeat this bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Further dkscusslon? Senator Watson.
Yes. Thank you, Madam President. I -- ûnfortunate how Ehis debate has gone to this potnt. I'm not sure what the -- the big deal is a1l about. This Skate is named for Natkve Amerlcans. I've been to a lot of basketball games and football games, Universtty of Illincis, and I've never ever seen the Chief Illkniwek? his performance or his dance done in a -- in a distasteful way ak all. And I donft know what the -- the fuss ls all about. We're not talking abouE a mascot. We 're -- I meanr that's What We kept referrlng to in the committee was this was a mascot. We 're not talking about the Army mule or the Navy goat. Wedre talking abou: a symbol of the flghting Illinir who Was a very heroic Indian chief in this State and in this area. comnend Senator Weaver for bringing forth legislation such as this to create and maintain the symbol of the great State -- of the University of Illinois. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Garcla.
Thank you, Madam President. feel compelled to rise and speak on this matter because I find it very tragic that, in 1995, this Body has to be debating an issue that, whether we llke it or not, whether we have convinced ourselves that we ought to be acting on this or not, and no matter how much we try to convince others that wedre trying to do something that will hcnor people, 92 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 we have been told by the Native American people that this symbcl, Whtch only a feW years ago was a mascot because that's what sporttng event symbols essentially arer generally speaking, for them means something else. It means religion. lt means a sacred symbol, but also means in this context, trying rkd themselves and their community and America of an ugly stereotype. T have no doubt that the spons/r of this bill has the best intentions and actually feels something good toward this symbol, but the people that it is supposed to represent feel offended, then is offenslve. We cannot convince those people otherwise. They have a reason for feeling offended, and is based in history . Ne should no* forget, Ladies and Gentlemen, that without the help of the Native American people, the pilgrims at Plymouth Rock or Jamestown might have perished and history mlght have been different. In this day and age, to pass a b111 llke this will be an addltlonal slap on the Native American peoplg and our herltage American heritage. As a descendant of ancestors that come from America and from Europer feel a very sense -- a urgent sense of cautioning this Body not take this action. That ls only compounded by the fact that the University of Illinois has not seen it fit and necessary to even establlsh an ongoëng dialogue with the Native American conmuntty. And in Illinots, that community is the largest community of any other State Where Native Amerlcans don/t live on the reservation. Tt brings shame to me, as someone Who got my education through *he Dniversity of Illlnols at Chicago. I think that the bottom llne here for the University ls Ehat it has invested lots of money into this symbolr and it reaps a 1ot of money throu:h mugs that they sell and T-shirts and many other things that have this Chlef Illiniwek on it to sell: money. But... 93 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 END OF TAPE TAPE 3
.. . 1 think that shameful that the University has failed to act responsibly: that the institution Which -- Which prepares and cultivates our intellectuals and our professionals did not act, and that it has not looked at what the states of Wisconsin and Iowa have done to begin a dialogue and keeping people from becoming ofrended. They always stand up fcr acadenic freedoms and are free to criticize whenever we try or intend to meddle in affairs that they think academic freedoms ought to protect. Well, again, reiterate that if we carry through With the adoption of this bill, that We Will be offendlng -- contlnuing to offend many Native Amerlcans and that it will only be one additional blemish on the history of this great State and this great nation. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discusston? Senator Welch .
Thank you, Madan President. A couple of the speakers said this is an issue that we shouldn't have before us; thls is not a political issue. And I dlsagree with that. If you recall the election Senator Simon was in just four years ago, the issue of Nhether we should keep Chief Illiniwek as a symbol of the rnlversity of Illinois was an issue. In fact, I remember seeing a airplane with a banner on it that said, ''Keep the Chief. Dump Simon.'' So this is an issue that is -- that is one that We all have to deal wlEh. The trustees of the University of Illknois could eliminate Chief IlliniWek as a symbol of the Universtty of 94 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislakive Day May L9, 1995 Illinois, and for that reason: We should become involved in this. But think that there is more to lt than this, and don't know lf political correctness is the rule of the day or notr but but I remember when I was living in Champaign. I uas ten years o1d and went to a University of Illinois football game. And before went to that game, the only Native Americans I had ever seen were in cowboy and Indian mcviesz and 1911 bet that's *he same With almost everyone here. And to see Chief Illiniwek come out from the band and dc his dance before the crowd at the University of Illinois was something I had never seen before and is something that was very memorable. Chief Illiniwek not a caricature. He is a symbol of Illinois and its reverence for its Native Amertcan heritage. think that this has been blown totally out of proportion. Chief Illiniwek has never been used as a promotion to sell iEems other Ehan as a symbol of *he University of Illinois itself. It is the symbol, just like all other universities have symbols. But to try to say that -- that Ne're offending Native Amertcans: think certainly isn't the intention, and I'm not so sure that it actually happens. Zveryone of us here is -- is a descendant of immigrants to this country and everyone of our ancestors has had discrimlnatton agatnst us. Today, this is -- this is brought to the fore ën this sttuatlon. I think a1l of us have -- have to reaktze that -- that this is a Chief Illiniwek symbol that we revere. Nobody sees the Chtef as making fun of Native Americans. We see the Chlef actually as beinq a symbol to change our viewpoints from what has been given to us in the cowboy-and-lndian mentality to somebody who actuakly does have dignity, does have responsibility and is somebody to look up to. So I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) WICS requests permission to tape fron the gallery. Is leave granted? Leave is granted. Further discussion? Senator Farley. 95 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995
Thank you, Madam President, Ladies and Gentlemen of the Senate. I was a Member of the committee and I am a Member of the committee that heard this legislation. I thoughtr as several others felt, that this should be an issue that should be resolved by the University, its alunni, its student body. However, khat ls not the case today. asked the witnessesr the American Indian witnessesr several questions. They were very articulate, as Nas mentioned. And a couple of the questions that I asked, very brëefly, were: Well, what about the professional sports teams, llke the Chicago Bkackhawks? Do you object to those -- those kinds of teams? And their answer Was yes. And I -- and asked them : If they Would -- if there was a vote, a referendum, by the alumni or the students, that said that we do want the Chief to be aur symbol, would you adhere to that? And khey said they wculd still object. So, unfortunately, it's not belng handled by the Unlversity; it's not being handled by negotiations on that level; so it is here before us, and I feel compelled now to act cn I'd like to share with you, very brieflyr the introduction that the Senator mentioned prior to the -- the Chief coming out at the football game, which 1, personallyr take great excitement in seeing and watching. And anybody that have with me at that football game, I say: Nowy we can't just run out of here at halftlme; we have to see the halftime show. And this is a -- a highlight for me, when I am at the -- the game. And Tfd like to share with you just for a mlnute the introduction: Created in 1926 by the Marching Illini, there is no more stirring and dignified tradition on any campus khan the ''Three-in-one''. The symbol of the Chief Illiniwek symbolizes spiriE, prlde and loyalty Eo this qreat University in the most excittng four mlnutes in al1 of college athletics. Here is the incomparable ''Three-in-onef'. Ladies and Gentlemen, I think one of the most important statements 96 STATE OF ILLINOIS . 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 in this introduction is the statement where they refer to it as being dignifled. I think the Chief is dignified. I think the I dance is appropriately dignified, and it is a great tradition and symbol, and I would suppcrt this -- this House bill.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Geo-xaris.
Mr. President and Ladies and Gentlemen of the Senate. I consider the American Indians the true Americans, and I have the highest respect for them. The symbol of Chief Illiniwek - Illiniwekr as you people say it - to me is a symbol of a brave person, a leader, a warrior who knew no bounds to his braveness, and one who represents America as a symbol of greatness. University of Illinois is one of the greatest universities in the world. I talked to young Tom Livingston the other day, who came up to thank me for -- for defending this symbol because he has played the part of the Chiefr and he said that every time he played the part of the Chief at the football gamesr he Would get very emotional and feel the American heritage very deeply withln him . To khink that some of our Indian American friends think lt's debasing is wrong. It's not debasing. It's honoring a great, great heritage. I'm an immigrantr and I can tell you that if it were a Greek portrayed, because I come from the land of Greece, I would feel very, very honored to think that my university would do that. And I feel, just as some of the prior speakers have saidr that this is no* a mascot; this is a symbol of a great American heritage - the Anerican Indian. And I think it's Wonderful that we have it at the University of Illinois, and I feel that those who protest too much against iE, and if they are of Indian heritage, I think they should rethink their position and start realizing Ehere is nothing wrong With being an American of Indian extractian, and there's nothing wrong with having the American 97 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19r 1995 Indian symbolized by a figure of greatness, of command, and of leadershtp. And I speak in favor of this.
PRESIDING OFFICER: (SENATOR WATSON) That ends those Who had been recognized prior to the motion for movlng the previous question. There are a couple of lights on, but they came on after the motion had been put before the sody. so, senator weaver, to close.
well, thank you, Mr. president. I know there's some strong emotions here, but for almost seventy years, chief Illiniwek has been the honored symbol of the University of Illinois. A couple of Weeks ago, one of our TV stations went out to Northeastern Oklahoma to talk with the Peoria Indians, who are the last living descendants of the Illini. Their chief and their secretary and treasurer had never seen Chief Illini and his performance. They Nere shown a video of Chief Illini, and they were really impressed and they made statements that they felt it was done in a very honoring manner. So those who are actual descendants of the Illini Indians feel that it's a privilege for them to be portrayed by Chief Illiniwek, and I would appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall House Bill 1106 pass. A11 those in favory vote Aye. Opposed , vote No . The votkng is open. Have all voted who wish? Have a1l voted wbo wish? Have a11 voted who Nish? Take the record. On that questlon, there are 46 votlng Yes, 12 voting Noe l vo*ing Presenk. House Bill 1106e having received the required constitutional majority; is declared passed. Senator Dilkard, for what purpose do you rise?
They're gone.
PRESIDING OFFICER: (SENATOR WATSON) Senator Collinsr for What purpose do you rise? Your light's 98 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 on, ma 'am . Senator Dillard seeks leave of the Body to return House Bill 1116 to the Order of 2nd Reading for the purpcse of an amendment. Hearing no objectionr leave is granted. On the Order of 2nd Reading is House Bill 1116. Mr. Secretary, are there any Floor amendments approved fcr consideraeion?
Amendment Na. 1/ offered by Senator Dillard .
PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment adds two provisions of -- to the bill and represents an agreement between the title companies and contractors to language in the Mechanics Lien Act. I don't believe there's any oppositkon. be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, a1l those in favorr say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reportedr Mr. Presldent.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1149. Mr. Secretaryr please read the bill.
House Bill 1149. (Secretary reads tikle of b)ll) 3rd Reading of the bill.
PRESIDING OPPICER: (SENATOR WATSON) Senator Hawkinson.
99 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 Thank you, Mr. President. House Bill 1149 is sponsored by myself, Senators Karpiel, Mal*land, Jacobs and Shadid. It attempts to bring some equity for our in-state sellers of gas services and allow them to compete With the out-of-state sellers. Right now, out-of-state sellers can get a tax exemption to sell to Illinois customersz which puts Illinois sellers at a competitive disadvantage and also decreases the revenues from income tax and sales tax to our State. If We grant this exemption that -- provided by this bill to put then on parity With out-of-state sellers, we believe that that would increase sales by Illinois companles and would increase *he lncome taxes that they pay. I would -- this bill passed unanimously out cf the House, Aye, none Nay and 5 voking Present, and would ask for your affirmative support. Be happy to try and answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussicn? Seeing noney the question isr shall -- I beg your pardon. SenaEor Lauzen.
Thank you, Mr. President. A couple of questions for the S;OnSOr.
PRESIDING OPFICER: (SENATOR WATSON) Sponsor indicates he will yield, Senator Lauzen. SENATOR LAUZEN) How Would you respond to people Who would be concerned that ën the same place in Illinois with the same product, we're going to have some suppliers or buyers of natural qas who have no tax and - - and competitors who WLll have -- they'll have a 5.l percent or anywhere between a 2.5 and a 5.l percent tax?
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawklnson.
The intent of this bill is to create parity between sellers of 100 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 the gas in Illinois and those sellers from out of State. I
PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen. ' l
Are you aware that what this bill Will do is bring -- from what I understand of the situation: we have our larger sellers of natural gas who go out and buy -- who have gone out of State to buy their supply of gas. What we 're going to be dotng by this bill is bringing them back into the State; they dll be exempt from sales tax, where people who never left in the first place are paying between two and a half and 5.l percent on what they buy. ThaE -- would you consider that equtty, as far as, you know, , people paying the same amount of tax?
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.
Well, I think your question's largely rhetoricalr but I -- I do think that -- that we have less equity without the bill than we will have with it, because right now we dre losing a signlflcant percentage of sales to out-of-state suppliers at a cost to the Illinois economy. I understand the situation you lre bringing, but i ! I -- I Ehink right now that our in-sEate suppliers are at a competitive disadvantage because of the current law.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Welch. Oh -- Senator Lauzen.
I guess to the bill: You know, there are a lot of gcod things about this bill and -- and the companies that are providing this - - these goods and services -- I mean, it's -- they're good businesses, and I realize that what's trying to be accomplkshed is I I to bring business back into the State of Illinois. But I Would have to ask: Are We not setting up an incentive for the smaller l0l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 suppliers who stayed here to move out of the State because then Ehey wouldn't be taxed? 1... PRESIDING OFFICER: (SENATOR WATSON) ! ! i Senator Hawkinson.
No, I'm sorry. Rhetorically -- that's -- I just wonder if we're not setting up an incentive for other companies to leave the State as wedre trying to bring the larger back in. In some casesr I it's better not to take an action if the action we're going to take in this legislation would create an inequity, whichy again, I would emphasize to people who are going to be ccnsidering their votes that what the situaticn we're going to have is, same place, same product; one person paying a tax, *he other not. I -- I would just encourage either a No or Present vote, and I Wculd suggest that we go back and figure out a better way to bring equity to this changing market.
PRESIDING OFPICER: (SENATOR WATSON) Further discussion? Senator Rauschenberger.
I'd just like to rise and compliment *he sponsor on his intentions in leveling the ground and making sure We retain some of the -- the gas supply business among Illinois suppliers, but I i would have to generally support Senator Lauzen's position. The -- this loophole in the tax created by purchasing your -- your gas supplies from out of State has created a situatlon where hopefully next Sessicn we can take a hard look at changing the basis of this tax from a gross receipts tax to a gas utilization basis, or to another basis, because we're essentiallyr in -- in effort to provide more equity and to -- to the suppliersr are creatin: loopholês in *he tax lau. And -- and I cerEainly undgrstand uhy the -- the sponsors bring this and why the House sponsor brought it, but I share with Senator Lauzen his concerns about creating l02 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9r 1995 I kind of a -- a convoluted system. I I PRESIDING OFFICER: (SENATOR WATSON) I Further discussion? Senator Welch.
Thank you. Senator Lauzen, we did try to have parity several years ago. We -- we had a bill introduced in the Senate that would I I have taxed purchases of natural gas at the wellhead at the same rate that you pay for natural gas purchases in the State of C Illinois. It wasn't supported. This attempts to achieve parity by doing the reverse, whlch is eliminating the Eax in the State for those who go out of State to purchase at the Wellhead. I have one question of the sponscr, if I could ask him. I ! I
PRESIDING OFFICER: (SENATOR WATSON) Sponsor lndicates he'll yield, Senator Welch .
Senator Hawkinson, my analysis says that this applies to companies. When we had the bill putting the tax in the wellhead, we had objectlons from universities and from the Cardinal as to -- as to putttng a tax on naturak gas. Does thls bill also allow them to purchase in Illinols without paying the tax? PRESIDING OFFICERC (SENATOR WATSON) Senator Hawkinson. SENATOR HAWKINSON; I'm informed that it does.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Fawell.
Yes. Just to reiterate what -- what Senator Welch said. We did try and close this loophcle a few years ago, and then we found out the users -- the ones -- the buyers at the gas wellhead Were Cook County Hospital, University of Illinois, Caterpillar, the Cardinal and the Chicago Catholic Diocese. And if you want to l03 ' l . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 fight them, be my guest; otherkiser I suggest we -- we pass this bill. 1
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? Seeing noner Senator Hawkinsony to close.
Just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WATSON) Question is, shall House Bill 1149 pass. All those in favor, vote Aye. Opposed, vote No. Voeing is open. Have a11 voted who wish? Have a1l voted Who Wish? Have a11 voted Who wish? Take the record. On that question, there are 55 voting Yes, nc voting Nor 3 voting Present. House Bill 1149, having received the required constitutional najority, is declared passed. Senator Peterson, do you wish House Bill 1212 returned to the Order of 2nd Reading for the purpose of an amendment? Hearing no objection, leave is granted. And on the Order of 2nd Reading is Hcuse Bill 1212. Madam Secretary, are there any Floor amendments approved for consideraticn? ACTING SECRETARY HAWEER; Amendment No . 12r offered by Senator Klemm .
PRESIDING OFFICER: (SENATOR WATSON) Senator Klemmr on Amendment No. 12.
Thank you, Mr. President and Members of the Senate. Amendment No. 11 -- Amendment No . l2, excuse mey is a Eechnical amendment that corrected a passagg that Was left out cn Amendment No . l1. The Department of Revenue: in drafting l1r saW that we had crossed off one provision that affected *he local Eax for municipaliti/s, and We corrected that in Amendment No . 12. And I do ask fcr your adoption.
PRESIDING OFFICER: (SENATOR WATEON) l04 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19r 1995 A11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
Amendment No. l3, offered by Senator Peterson.
PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson, on Amendment No. l3.
Thank you, Mr. President. Amendment 13 creates a -- ereates a checkoff for the ''Thumbs Up'' Child Safety Fund to be annually appropriated to the University of Illinois for the purpose of a grant to the Office of the Study of Child Victimizatlon. I ask for adoption of Amendment
PRESIDING OFFICER: (SENATOR WATSON) A1l those in favor, say Aye. Opposed, Nay. The Ayes have itz and the amendment is adopted. Any further Floor amendments approved for conslderakion?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1237. Senator Petka? Senator Petka. Madam Secretary, take out of the record . House Bill 1246. Senatpr Karpiel. Out of the record. House Bill 1248. Senator Hawkinson. Out of *he record. Senatar Hawkinson, do you Wish House Bill 1268 returned to the Order of 2nd Readin: for the purpose of an amendment? He asks leave of the Body. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1258. Madam Secretary, are there any Floor amendments approved for constderatlon?
Amendment No. offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WATSON) 105 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9p 1995 Senator Cullerton, on Amendment No. 3. Senator Hawkinson.
Thank youy Mr. President. Senator Cullerton did offer two amepdments, but they were agreed amendments this morning. The first one, Senate Amendment 3, does two things. There was an unfortunate case apparently in the northern part of the State where a juvenile was arrested and lied about hls or her age. Said they were seventeen an adult. Because of that, they were held more than the thirty-six hours they were suppcsed to be, and the conviction was ultimately overturned. This bill provides that if a someone lies about their age, that that thirty-six-hour rule can be extended and will not be grounds for reversing the conviction.
PRESIDING OFFICER: (SENATOR WATSON) Is there any.
Also, there 's a second part cf the anendment regardlng hearings -- fitness hearings. And againr there was a -- an unfortunate incident involving the reversal of a case, and this amendment would say that if someone is on medication, fcr exampley and there is no bona fide question as to whether they are fit to stand trial, that you need not have a fitness hearing; that only where there is some bona fide doubt as to fitness will a fitness hearing be required. And I Would ask for the adoption of Flocr Amendment No. 3.
PRESIDING OFFICER: (SENATOR WATSON) Any dlscussion? All those in favor, say Aye. Opposed: Nay. The Ayes have 1t: and the amendment is adopted . Any further Eloor amendments approved for consideraEion?
Amendment No. 4, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR WATSON) 106 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 Senator Hawkinson.
Thank you again, Mr. President. Again, it was an agreed amendment. There was legislation initiated earlier in the Sesslon, I believe by Senator Shadid, regarding metal ' I armor-piercin: bullets. That legislation didn't go anywherer but it -- it initiated some discussion among the State Policer the Illinois State Rifle Association and the National Rifle Associatlon. Those entities are in support of this amendment which simply conforms the State definition to the federal law: and I Would ask for the adoption of Floor Amendment No. 4.
PRESIDING OFFICER: (SENATOR WATSON) There any discussion? Seeing ncney a1l those in favor, say Aye. Opposedr Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported, Mr. president.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1279. Senator Rauschenberger? Senator Rauschenberger on the Floor? Out of the record. House Bill 1303. Senator Lauzen? Senator Lauzen on the Flcor? Out of the record. Senator Hawklnson, for what purpose dc you rise? Movtng on. Bottom of page 8. House Bi11 1319. Senator Weaver? Madam Secretary, please read the bill.
House Bill 1319. (Secretary reads Eltle of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver.
Thank you: Mr. President and Members Of the Senate. House 107 y - ' .-.. '* ..... STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 Bill 1319 is requested by the Community Bankers Association, and it addresses an area of *ort law known as inEerference Eort, an intentional interference with existing contracts or actual 1 ' i . prospectivê business arrangements by third parties without 1 privilege or justification. It's a little bit complicated, but basically, interference tort can arise in a variety of situatlons. In a recent case, a bank Nas successfully sued for telllng a I farner of leased land that his lease commitments were an obstruction to a loan approval. The farmer terminated his lease arrangement in order to obtain the loan, and the lessor successfully sued the bank for interfering with his commercial arrangement with the borrower. This blll would immunize the bank in that situation from a sutt by a stranger to thls agreementr unless the bank committed third-party fraud . It's a little complicated, but if there's any questions, 1'11 be happy to try to answer them. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 1319 pass. A11 those in favor, vote Aye. Opposed, vote No . The voting is open. Have al1 voted who kish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that question, there are 57 voting Yes, no vcting No, 1 voting Present. House Bill 1319, havlng received the required constitutional majority, is declared passed. With leave of the Bcdy, ue would like to go back to House Bill 1237. Senator petka thoughE *here was an amendmen: on -- had been filede bu* there was not. Leave is qrantedr and we will return now to 3rd -- 3rd Reading, House Bill 1237. Senator Petka. SENATOR PETKA : Thank you very nuche Mr. President... PRESIDING OEFICER: (SENATOR WATSON) Madam Secretary... 1 beg your pardon. Madam Seeretary, please l08 STATE OP ILLINOIS 89TH GENERAL ASSEMBLT REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 read the bill.
House Bill 1237. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) senator Petka. SENATOR PETMA; Qhank you very muche Mr. President, Members of the Senate. House Bill 1237, as amended, creates a misdemeanor offense of unlakful possession of a jackroek. This is defined as an iron device with four spikes plaeed on the ground so that one spike sticks up to hinder. We also pu* a further amendment, which was adopted in committee: means a caltrop or other object manufactured with one ncre or more rounded or sharpened points, which When placed or thrown present at -- at least one point -- such angle that it is peculiar to and designed for the use in puncturing or damaging vehicle tires. It does not include a device designed to puncture or damage the tire of a vehicle driven over it in a particular direction if there is a consplcuous and clearly visible warning posted at the device's location which alert people to its presence. The offense for possession of this device, whlch has no known lawful purpose, is a Class A misdemeanor. Mr. President, Members of the Senate, I would urge support for House 1237, as amended.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Eeeing nong, th9 question is, shall House Bill 1237 pass. A11 those in favor, vote Aye. Opposed, vote No. Voting is open. Have al1 voted who wish? Have all voted Who Wish? Have all voted who Wish? Take the record. On that question, there are 57 votinq Yes, no voting Nor no voting presgnt. House Bill 1237, having received the required 109 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 constitutional majority, is declared passed. Moving on to the bottom of page 8. House Bill 1461. Senator Mahar. Senator Mahar on the Floor? Senator Mahar. Out of the record. Senator Parker, on House Bill 1462. Madam Secretary, please read the bill. Senator Parker, that amendment has already been adopted. This is on 3rd Reading. Why don 't you come on down to the well. We 'l1 go back to this. Ask the Secretary, and Will move on and welll have leave to come baek to that order of business. We'l1 move to the page 9. House Bill 1465. Senator O 'Ma11ey. Senator O 'Malley on the Floor? Out of the record. House Bill 1470. Out of the record. House Bill 1523. Senakor Lauzen? Senator Lauzen on the Floor? Out of the record. House Bill 1587. Senator Fawell. Out of the record. House Bill 1596. Senator Walsh? Madam Secretary, please read the bill.
House Bill 1596. (Secretary reads title of bi11) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh.
Thank you, Mr. President and Members of the Senate. House Bill 1596 repeals the Electronic Fund Transfer Transmission FaciliEy Act and replaces it uith an updated Electronic Fund Transfer Act. House Bill 1596 is the prcduct of extensive work of the Commissioner Banks and Trusts and representatives of the financial community. Commissioners working with the îroup included the Illinois Bankers, the CommuniEy Bankerq, Cash Station, the Credit Union League, the Retall Merchants Associatien and others. The intent of House Bill 1596 is to create a more understandable and efficient Act. The ground rules for the working group was that no provision was eo -- was changed unless it was agreed to by STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 everyone and all consumer protections were retained. And I'd be happy to answer any questions.
PRESIDING OEFICER: (SENATOR WATSON) There any discussion? Senatcr Demuzio.
One quick question of the sponsor, if I may.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he 'll yieldr Senator Demuzio.
Haven't had time to read the entire text, as a person who was involved in the flrst Electronic Funds Transfer Act. there mandatory sharing ln this -- ln this bill?
PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh.
Yes.
PRESIDING OPFICER: (SENATOR WATSON) There any further discussion? Senator Walsh, do you wish to close? The question is, shatl House Bl1l 1496 <sic> pass. A1l those in favor, vote Aye. Opposedr vote No. The voting is open . Have al1 voted who wish? Have a11 voted who wish? Have voted who wish? Take the record. On that question, there are 58 vating Yes, no voting No, 1 votlng Present. House Bill 1596, having received the requlred constltutional majorlty, is declared passed. Senator Siebeny on Hcuse Bill 1633. Madam Secretary, please read the b111.
House Bill 1633. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR WATSON) Senator Sieben. 11l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995
Thank you, Mr. President. This legislationr as amended: now does two things. First of all, amends the Illinois Aeronautics Act to redefine aircraft so that we can clarify the status of ultralight aireraft in Illincis and brings us in line with federal aviation regulations. Secondly, allows for tcolleys to use their bells Cor indicating arrival and deparEure. Thls language was worked out wlth the State Police and with IDOT. know of no opposition.
PRESTDING OFFTCER: (SENATOR WATSON) Is there any discusslon? Any discussion? Seeing noney the question 1s, shall House Bill 1633 pass. A1l those Ln favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have al1 voted uho wish? Have a11 voted who wtsh? Take the record. On that questionr there are 58 voting Yesy no voting No, no voting Present. House Bill 1633, havin: received the required constitutional majority, is declared passed. Senator palmerr on House Bill 1730. Out of the record. Senator Croain, on -- on House Bitl 1741. Madam Secretaryr please read the bill.
House Bill 1741. (Secretary reads title of bill) 3rd Reading of the bkll.
PRESIDING OFFICER: (SENATOR GEO-KARIS) fenator Cronin.
Thank you. Thank youy Madam President and Ladies and Gentlemen of the Senate. Thts bill, whlch originated in the House, seeks to clean up a few a few issues ln the bill that Was referred to as a -- as the Baby Richard bill last fession. This bill under current law, fathers of children being adopted, putative fathersr and men holding themselves out as fathers, are 1l2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 53rd Legislakive Day May 19, 1995 I ' I entltled to notice of the adoption solely for the purpose of j appearing and presenting evidence relevank to the child 's best interests. This bill moves this notice provision verbatim from the I notice to putative father Sectton to the process Section of the Adoption Act. This b11l passed out of the commlttee on the Agreed Bill List. I ask for your favorable consideration. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dtscussion? Any further diseussion? Hearinq none, the question is, shall Senate -- House Bill 1741 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a1l voted who wlshed? Have all vcted who Wished? Have a1l voted who wish? Take the record. On that question: there are 59 voting Ayez none voting Nay, none voting Presenk. And thls bill, having received the required constitutional majority, is hereby declared passed. House Bill 1787. Senator Walsh. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: House Bill 1787. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR CEO-KARIG) Senator Walsh. SENATOR WALSH: Thank you, Madam President and Members of the Senate. House Bl11 1787 amends the Illinoës Lottery Law r the Illknois Pull Tabs and Jars Game dsic> Ack, and the Chari*able Games Act. In the Lotteryr it clarifies, in determinin: whether a prize is less than six hundred dollars, that *he amoun: of *he wager shall be deducted . In the Pull Tabs and Jars Gane Act, it strikes the limitation that you can only hold one game, and it increases it Eo two. And then it makes changes in the Charitable Games Act. I'd be -- be happy to answer any questions. 113 œ. . . ' .. . . .- . STATE OF'ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislatlve Day May l9, 1995 I PRESIDING OFFICER: (SCNATOR GEO-KARIS) I Any further discussion? Senator Carroll.
ïhank you, Madam President, Ladies and Gentlemen of the Senate. I rlse in opposition to this legislation for some specific reasons. My concern is in the area of the pull tab and jar games Section of *he Act. We did pass, a year or two ago, legislation to try and clean up that provision between that and the gamblin: part of -- of the Actz and -- and let me explain, naybe, what this -- what the anendment to this bill now does. What we had been concerned about, because of varkous artkcles that had been written, were that people were going around who Nere nok volunteers working these varicus casino games, and they were, in fact, paid people coming in and wcrking. We passed legislation to require *he Department of Revenue to go and check these people by having their birthdate, Soclal Security number and things like ehat, so we could see îf, in face, they uere actually professionals in this business, rather than charitable volunteers. One of the things the amendment does is to take out the requirement that they give their birthdate and that they give their Social Security number, so there's no way of tracking whether, in fact, they are professlonals or they are volunteers working for the charitable organization. I think that is exactly the wrong way to go. The second thing is its fiscal impact. Right now y for example, if you were holding a gamblin: event as a charity, *he tax to *he State is based on the gross. This says it would be based on the net, which means you take away from the provisions on whlch you assess a tax the cash Winnings of the people who are involved. Now khis affects then people like the Cerebral Palsy gamble. There, if you go and participate, if you have ''Winnings'' - quote, unquote - at the end of the day, you get a -- you can get a gift of sone kind, and it can be a quite I 114 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 valuable gift. Cerebral Palsy would be taxed on the gross since they Ire not giving out cash. This would change it for others Who they give cash prizes, they wouldn't have to pay tax on that part of the handle, and it would, in fact, take away about half of the income the State is now getting. do not think we want to turn these into gamblins parlors. The purpose of this Act Was to allow charities to raise some funds by having their own people go in there and actually volunteer and work the games and try and raise a few dollars. This now changes it to where we would then have casino gambling With professionals going around, and then we would -- we've also lowered the tax, and I think that's the Wrong way to go.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Sieben.
Thank you, Madam Presldent. I would also rise in opposition to this legislation for many of the points that Senator Carroll has enumerated. And just to calk the attentlon of the Members of the Body, anybody that's concerned about expansion of gambling and the proper safeguards of gamblingr this legislation significantly undermines recent legislative changes which sought to stem this wide spread of abuses the charitable gamin: field. So I would raise strong question about what this legislaticn does and ask pecple to vote No on this legislation.
PRESIDING OPFICER: (SENATOR GEO-KARIS) Further discussion? Senator Fawell.
Thank you very much. I know where thts amendment has come from . It's come from, frankly, the American Legion and the VFW boys. What has happened ln a nunber of these Amerlcan Leçions and I know it's happened in Villa Park and Lombard, because they Were the ones that cane and talked to me about it - frankly, most STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legkslattve Day May 19r 1995 - - or a 1ot of the American Legion members are are klnd of getting up in age. mean, they're actually older than I am. And soy what's happened is you have four guys at the Lombard American Legion Ehat knows how to work these games, and they 'll go over and help Villa Park. And then Villa Park, four guys, will go over and help Lombard. That's What this bill is really a1l about. This has to be done for charitable organizations only. It's something that -- that -- the American Legion guys and the VFW guys and the Veterans from Foreign Warsy those are the ones that have approached me and asked me to support this. I don't see anything wrong with this. They do -- they do very good work with the money that they raise. We are talking abcut only taxing them on the money after they qive Ehe prizes out. think that's fair. I Ehink on the whole the amendment is -- ls a good amendment. I don't see anything wrong with it. If we can help the guys help their communities, think ue ought to be doing it.
PRESLDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Waksh , tc close .
Thank you, Madam President. like to take this bill out of the record .
PRESIDING OFFICER: (SENATOR GEO-KARIS) This bill is taken out of the record. House Bill 1792. Does the sponsor wlsh this ko be recalled for purposes of amendment? Senator Cronin? Madam Secretary, will you read the bill. Do you wish to return to this bill for purpose of an amendmentr Senator Cronln? 1792. With leave of the Body, we'll return back to 1792 and proceed on the others. House Bill 1797. Senator Rauschenberger. Take it out of *he record. House Bill 1833. Senator Parker? Madam Secretaryy read the bill.
ll6 , STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 House Bill 1833. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Hcuse B111 1833 merely -- IFIBA, the Illinois Financial Institutions Banking Act, was revised to permit Illinois banks ta fund a conmunity development ccmmunity reinvestment super bank with participating Illinois banks receiving pro rata credit for the community development loans made by the super bank; however, that revision was contingent upon the federal government enacting legislation. What this bill does is merely repeals this idea that never happened or oecurredr and I would urge a favorable vote or answer any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Palmer.
Thank you: Madam President. A questkon of the sponsor.
PRESIDING OPFICER: (SENATOR GEO-KARIS) She indicates she will yield.
Senator Parker, this was a bill that was very, very interested think lt's very lmportant that we have the capacity ko support communities and neighborhoods: and this was one way of having the vehicle for this. Now, as I read this, is it that this has cost the State money? And if it hasn't, then why are we repealing it?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
117 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 No, has not cost the State mcney. There's no vehicle for thls because the vehicle did not happen at the federal government level.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker Ksic>.
Thank you. That doesn't mean thak is noE possible to do it in the State of Illinois. If it is not costing us anything, don't understand why we should çet rid of a vehicle that could assist us in helping communitles.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
There has not been that vehicle, as said, and the commissioners don't want to do it now, since there is no vehicle. The Illinois financial institutions have decided they don 't want to partlclpate in this sort of pool anyway at this tlme and would rather receive lndividual credit for the conmunity development loans. So this bill would actually put then on a better standing than it is now.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker. Senator Parker.
am going tc vote No ...
PRESIDING OFFICER: (SENATOR GEO-KARIS) mean, Senator -- I'm sorry.
Palmer. Riqht.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Palner. SENATOR PALMER ) There is a difference. -- I am going ko votg No for thig l18 GTATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd LegislaEive Day May l9, 1995 because if ik's noE cosEing us anyEhing, lf lt on *he booksr and certainly if we're going to use as our argument getting rid of things on the books that We don't necessarily use at this moment, then we could be here for several more Sessions doing that. But think that this is good to keep because is -- it offers us some posslbility of getting money Eo communiEles, and am cerEalnly for that in gvery concetvable way that ue can. So I really uauld not like to vote for this -- to repeal the Financial Institutions Bankins Act.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any fur*her discussicn? Any further dlsausslon? Hearing none, Senator -- Senator Parker, to close.
Thank you. This would actually repeal something that has no statutory authority on the books, and I urge your favorable vote . Thank you.
PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall House Bill 1833 pass. Those in favar, vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have a1l vated Who wished? Have a1l voted who Wish? Take the recorde Madam Secretary. On that question, there are 51 votin: Aye, 6 voting Nay, voting Present. This bill, having received the required constitutional majority, is hereby declared passed. With leave of the Body, ue 'll go back to House Bill 1792. Senator Cronin. Do you wish this returned to 2nd Reading for purpose of amendment? Madam Secretary, will you read the bill. On the Order of 2nd Building Isicl is House Bl11 1792. Madam Secretary, are there any Floor amendments?
Floor Amendnent No. 2, offered by Senator Cronin.
PRESIDING OFFICER: (SENATOR GEO-RARIS) Wculd you -- Senator Cronin: Would you give us the amendnent. l19 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislatïve Day May l9, 1995
Thank your Madam President. Senate Floor Amendment No. 2 to House B111 1792 is the Crlminal Code clean-up bill. It passed out of the Senate Judiciary Committee 11 Eo nothing. I ask for your favorable consideration.
PRESIDIHG OFFICER: (SENATOR GEO-KARIS) Is there any discussion? Any discussion? Hearing none, a1l those in favor of adopting this amendment, please signify by saying Aye. A11 opposed. In the opinion of the Chair, the Ayes have it. The amgndment is adopted. Are there any furbher amendments approved for considerationy Madam Secretary?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. House Bill 1869. Senator Syverson. Madam Secretary, will you read the bill.
House Blll 1869. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Syverson.
Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 1869 is the result of three years of wcrk from the Public Hea1th Conmittee and with help from Senator Smith, and we appreciate her help, and also to former Senator Judy Topinka: whc gave permissicn cr Worked with us to set up hearings around the SEate over the las: couple yearsr Senator Trotter, and myself, in working with this legislation. This -- this bill is the personal attendants bill, Which increases the -- the pay from four I dcllars and eighty cents to five dollars an hour. I think we 120 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 heard from not only testimony in the committee but from the hearings around the State that there is no group that does more to help not only the people ln this State, but to help taxpayers than the personal attendants, and this is a very small sEep of bringing them a little closer in line to With other health care professionals. And 1'11 be happy to answer any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any Curther discussion? Senator Garcia.
Thank you, Madam President. rise support of this bill and want to commend Senator Syverson for taking leadershlp to finally make something happen for the hundreds of people that make it possible for many other people throughout the State of Illinois to live a more fulfilling kkfe where they live. And this is something that's overduey and again, urge everyone to vote for it. PRESTDING OFFICER; (SENATOR GEO-EARIS) Any further discussion? Senator Palmer.
Thank you, Madam President and Members of the Body. too, rise in support of this. This is an extremely important bill. I spent a day with home care workers doing their work: and it ls hard Work. These are the people who help us keep our senior citizens at home and out of long-term care in nurslng hcmes. They 're extraordinary people, and as Senator Garcia said, this is long overdue.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusslon? Senator Smith.
Thank you, Madam President and Ladies and GenElemen of *he senate. stand in full support of this leglslation, and I merely 12l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 wanted to quote and ditto what has been said by the other two Senators. Please, let's a1l vote for this one hundred percent. Thank you.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Rauschenberger.
Thank you, Madam President and Ladips and Gentlemen of the Senate. I just rise to compliment the sponsor on his intention. I think this is a sroup that really does deserve some help. However, I would warn a11 of my colleagues EhaE, as we pass this, we are going to create some additional budget stress and just look forward to everyonels cooperation in helping to find the places we lre golng to have to need to kind of trim the budget to be able to afford this. But I -- I know Senator Syverson 's worked very hard for three years for this initiative, and 1 just wanted to -- point that out to everybody.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Bowles.
Thank your Madam President. 1, too, rise in support of this bill. These people by the service they give to those people Who remain at home is invaluable and has saved the State of Illlnois hundreds of thousands of dollars in the course of the year. And to further say, the kind of Work they dcr it takes a special kind of person, and there's very few of usr I feel, that could do this kind of work thaE Ehese people do for a minimum, minimum wage. And five dollars an hour is less, actually, than they should be paid: but we'll be happy for affirmative vote on that. Thank you.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusslon? Any further discussion; Mr. Syverson, to close.
122 è .. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9: 1995 Thank you, and thank you for those kind commentsr and also, thank you to Senator Raica, the Public Hea1th Chairman who Worked I with us to amend this bill to get -- get it where it is. In response to my friend: Senator Rauschçnberger, if we do not have the personal care attendants, then we're forced to do two things: put individuals into nursing homes at very heavy cost or, number twc, have to hire through homenaker agencies in which the State reimburses at eight dollars and nineteen cents. So this is the -- I think, a way to save the State money. I'd also like to thank the sixteen current sponsors of the bill, as of a few minutes ago, with the last coupke that have been added and also ask for a favorable roll call vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) The question ls, shall House Bill 1869 pass. Those in favor, vote Aye. Those opposed w111 vote Nay. The voting is open. Have a11 voted whc wished? Have a11 voted who wished? Have al1 voted who wished? Madam Secretary, take the record. On that question, there are 53 voting Aye, none voting No, none -- 3 voting Present. And thls bill, having received the required constitutional majority, is hereby declared passed. Senator Jones, what purpose do you arise, sir? Senator Jones.
I see it's not working, since last eveninq.
PRESIDING OFFICER: (SENATOR GEO-KARIS) I wonder why.
But.v.tmicrophone malfunctionl...
PRESIDING OFFICER: (SENATOR GEO-KARIS) Take the next one, Senator Jones.
Yeah. Thank you, Madam President. I rigg On a point of , personal privilege. 123 . è STATE 0F ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9r 1995 I
PRESIDING OFFICER: (SENATOR GEO-KARIS) State your pointr Senator Jones.
Yes. Yesterday during *he -- the debate on the motions, where we went to the Order of Motions: and the Memgers on this side of the aisle were seeking recognition , I Went to the Chair ta -- when Senatcr Maitland was the Presiding Officer at that time . And at that time , I wanted to see why the Members on this side of the aisle lights weren$t working or they weren 't even being recognized. And perhaps it was lnlstlnderstood why I was there, not to cause my good friend, Senator Maitland, any harm , as suchr but to just really check on the lights. So if it was misinterpreted in any manner, the matter was to find out why they were nct worklng. Maybe like my -- my mike is not working. And I beligve Senator Dudycz came to defend him and -- but that was not really necessary, as such, because I've been in this Body for a number of years, and I'm not going to harm my friend, Senator Maitland. So -- and anything I said to Senator Maitland, it was not in -- out of disrespect to him. It was out of respect fcr my colleagues on this side of the aisle. And to Senator Dudycz, there Was no need for bim to come to try to defend him . So the words that he and I had, if he misinterpreted my words, I apologize for that. But that was not the intent. And perhaps...tmicrophone cutoffl...
PRESIDING OFFICER: (SENATOR GEO-KARIS) Are you done, Senator Jones?
No . Again, maybe -- maybe that's the reason Why the altercation mlght have occurred; but that was not my intent. So *herefore, if any harm was caused, I want to apologize to them , if they felt that way, but that was not may intent.
PRESIDING OFFICER: (SENATOR GEO-KARIS) senator Demuzio. Senator Demuzio, did you wish to be heard? i I 124 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19r 1995 SENATOR DEMUZIO: I I just wanted Eo make sure Ehak khis mlcrophone was worklng. Thank -- thank you, Madam President.
PRESIDING OEFICER: (SENATOR QEO-KARIS) After that eloquence from Senator Jonesr I'm sure it's working. Any -- the next bill. Hcuse Bill 1882. Senatcr Walsh. Madam Secretary, read the bl11.
House Bill 1882. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh.
Thank your Madam President and Members of the Senate. House Bill 1882 ls the League of Financial Inskitukions bl11. 1* amends the Illinois Savings and Loan Act of 1985 and the Savings Bank Act. It makes various changes to bring Illinois savings banks and savings and loan regulatory law in line with federal laws and regulations overseeing institutions of this type. And I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? The question is, shall House Bill 1882 pass. Those in favor, vote Aye. Those opposed will vote Nc. The voting is open. Have a11 those who wish voted? Have a11 those in favor who wish voted? Have a1l votgd? Clerk -- Madam Secretary, take the record . On that question, there are 59 voting Aye, ncne voting No, none voting Present. And this bill, havinq received the required constitutional majority, is hereby declared passed. House Bill 1894. Senator Syverscn. Madan Secretary, Will you please read the bill. l25 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legisla*ive Day May 19, 1995
House Bill 1894. (Secretary reads title of bill) 3rd Reading of the bill.
PREEIDING OFFICER: (SENATOR GEO-KARIS) Senator Syverson.
Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 1894 is a bill that we -- we addressed earlier in Senate Bill 681, which passed out 58 to 0. It just amends the Retail Credit Installment Ksic> Act, bringing retail credit in line wlth the same rules as charge cards. I know of no opposltion to it and Would ask for a favorable roll call.
PRESIDING OPPICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further discussion? The quesEion isy shall House Bill 1894 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wished? Have all voted Who Wished? Have all voted who Wish? Madam Secretaryy take the record. On that question, there are 57 voting Aye, none voting No, none voting PresenE. And this bill, havlng received *he requirgd constitutional majority, is hereby declared passed. House Bill 1900. Senator Philip. Take that ouE of the record. House Bill 1967. Senator Maitland . Read the -- the bill, Madam Secretary.
House Bill 1967. (Secretary reads title of bi1l) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Maitland.
Thank you very much, Madam President and Members of the l26 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 Senate. House Bill 1967, as amended, erea*es *he Illinois Violence Prevention Authority, to be chaired jointly by the Attorney General and the Director of the Department of of Public Hea1th. The Authority will have, Madam President, the follcwing responslbilities: Number one, to develop a statewide plan that incorporates public health and safety approaches to violence prevention; number two, to seek and receive violence prevention funds from private and public sources; number three, to distribute grants to comnunity or statewide organizations that address violence prevention; and four, to provide technical assistance and training to assist With building the capacity of violence prevention organizations in -- in Illinois. This bill has been jointly worked on by -- by a number of groups. In -- in committee the other day, we did We did offer an amendment that created the funding mechanism with this through a Secretary of State special license plate fund. I know of no oppcsition to the bill. It's been very carefully worked on by a number of people. I -- I thank the individuals, Senator Raica, Senator Dunn, Senator Smith and others, who have joined in support of this bill and have joined as sponsors, and I would seek, Madam Presldent, suppor: of the Body.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Jones. Are you just testing the mike? I'm sorry. Any further discussion? Hearing none -- Senator Jacobs.
Thank you, Madam Presidentr Ladies and Gentlemen of the Senate. Not a question, but maybe right now I could thank everybody for everythlng, and then that way we Wouldn't have to thank anybody in the future.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dlscussion? Any further discussion? Hearing 127 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislattve Day May 19, 1995 none, Ehe question is, shall House Bill 1967 pass. Those ln favor, i I vote Aye. Those opposed will vote Nay. The vating is open. Have a1l voted who wished? Have a11 voted who wished? Have a11 voted ' who wished? Madam Clerk, take the -- Secretary, take the record. .' j On that question: there are 57 voting Aye, 1 voting Nay, none voting Present. And this bill: having received the required constitutlonal majorityy is hereby declared passed. House Bill 1969. Senator Madigan. Senator Madigan. Rgad the bill, Madam Secretary.
House Bl11 1969. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan.
Thank your Madan President, Members of the Senate. House Bill 1969, as amended, is a request of the Illinois CPA Society to clarify whether or not their profession comes under the Code of Civil Procedure insofar as punitive damages. It would set the amount of punitive damages ln cases Nhich -- Nhere compensatory damages are awarded to three times the -- three times the amount of the compensatory damage. That's basically what the bill does. The only comments on the -- on the bill: as amended, dealt with whether or not it -- this WaS necessary - the Certlfied Publlc Accountants' Association believes that it is - and whether or not this bill should have been more properly a matter for the Judiciary Committee rather than the Insurance Committee. Other than that, I knou of no oppositian to the bill and would be glad to answer any questions on House Bill 1969, as amended . PRESIDING OFFICER: (SENATOR GEO-KARIS) I Any further discussion? Any further discussion? Any further 128 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislatlve Day May l9, 1995 discussion? Heartng none, the quesEion ls, shall House Bill 1969 pass. Those favor uill vote Aye. Those opposed Will vote Nay . The voting is open. Have a1l voted wha wished? Have al1 voted Who wished? Have a11 voted who wished? Madam Secretary, take the record. On that question, there are 49 voting Aye, 7 vating Nay, none voting Present. This bill, having receivpd the required conseitutional majority, is hereby declared passed. Senator Lauzenr for what purpose do you riser sir?
Thank your Madam President. I'n not sure when the appropriate time is. think supposed to say this befare the vote's taken, but as a practlcing accountant, have an apparent conflict of interest. voted my conscience.
PRESIDING OFFICER: (SENATOR GEO-KARIS) It'll be noted, sir. Senator Walsh, for what purpose dç you rlse?
Thank you, Madam Presldent. I Was away from my desk When House Bill 1967 Was voted upon, but just want the record to reflect that I would have voted Yes.
PRESIDING OFFICER: (SENATOR GEO-KARIS) It'1l be so noted. Thank you. House Bill 2076. Senator Sieben. Read the blll, Madam Secretary.
House Bill 2076. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) SenaEor Sieben.
Thank you: Madam President. House Bill 2076, as amended , has thirteen differên: provisions in it, and rather than read each one l29 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION GENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 individually, 1'11 just indicate that *hê first six were initiatlves by the State Board of Education, and then through Senate Amendments 1r 2, 4 and 5, We picked up various Senate bills tha: hav: already passed this Body and were hung up over in *he House. Therefs no opposition to these. Theydve all had a good hearing in the Education Committee. There's agreement on them r and I woutd ask for an Aye vote. PRESTDING OFFICER; (SENATOR GEO-KARIS) Is there any further discussion? Any further discussion? Any further discussion? The question is, shall House Bill 2076 pass. Those in favor will vote Aye. Those opposed kill vote Nay. The voting is open. Have a11 voted Who Wish? Have a11 voted WhO wished? Have all voted who wlshed? Madam Secretaryr take the record. On that question, there are 59 voting Aye, none voting No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 2177. Senator Madigan. Read the bill, Madam Secretary .
House Bill 2177. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan.
Thank you, Madam President and Members of the Senate. House Bill 2177, as amended, does several things. First of all, i* amends the Downstate and Suburban Police Pension Article of the Pension Code to permit survivin: spouses to remarry without the loss of benefits. It amends the Downstate Police and Fire Articles of the Fension Code to bring the State Statutes into compliance so thak -- into compliance with the Amerlcan l DisabiliEies Act <sic>. It amends the DoWnstate Paltce and Gtate I l3G è - - STATE OF ILLINOIE 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9: 1995 Employees' of the -- Article o' the Pension Code to authorlze sheriffs' law enforcement employees to transfer credits under those Articles to the Illinois Municipal Retirement Fund. Would require application and payment of the difference in contributions plus interest: and it would allow downstate and suburban police and shertffs to Eransfer time from local police pension funds to the Illinois Municlpal Retirement Fund or the State Employees ' Systemr or the other way. know of no opposition to House Bill 2177, as anended, and would be glad to answer any questians On House Bill 2177, as amended.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Is there any -- is there any further discussion? Any further discussion? Any further discussion? Hearing noner the question isr shall House Bill 2177 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wished? Have all voted who wished? Have a1l voted who Wished? Madam Secretary, take the record. On that questionr therp are 58 voting Aye, none votlng No, none voting Present. And this bill, having received the requlred constitutional majority, is hereby declared passed . House Bill 2226. Senator Cronkn. Senator Cronin. Out of the record . House Bill 2240. Senator Madigan. Read the -- read the bill, Madam.
House Bi11 2240. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan.
Thank your Madam President and Members of the Senate. The committee amendment to House Bill 2240 becomes the bill and removes the language that Was previously contained in House Bill STATE OF ILLINOIS 89TH GENERAL AGSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 i 2240. As it stands right now, the language is almcsk exackly the I I same as what -- that was in Senate Bill 422 that passed this chamber unanimously. The purpose of this amendment and this bill 1 is to hold discussions over the summer so that we can create good legislation as far as board and care facllities in the State of Illinois and rules and regulatlons governing the same. I 'd be 1 glad to answer any questians on House Bill 2240, as amended.
PRESIDING OFFICER: (SENATOR GEO-RARIS) Is there any discusston? Is there any discussion? Is there any discussion? Hearing none, the question is, shall House Bill 2240 pass. Those in favor, vote Aye. Thcse opposed wikk vote Hay . The vottng is open. Have a1l voted who wished? Have a11 voted Who wished? Have a11 voted Who wished? Take the record . On that question, there are 59 votlng Aye, none voting No, none voting Present. This billp having received *he required constltutional majority, is hereby declared passed. House Bill 2330. Senator Parker. Did you wish to -- recall this to 2nd Reading? Take it out of the record. Wedll proceed. House Bill 2338. Senatar Cronin. Out of the record. House Bill 2346. ' Senator Walsh. Read the bill, Madam Secretary. 2346.
House B(l1 2346. (Secretary reads title of b11l) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh.
Thank you, Madam Presldent and Members of the Senate. House Bill 2346 repeals the Pawners Societies Act. Additionally: it makes regulatory amendments requested by the Deparkment of Financial Institutions to Ehe Sales Ftnance Agency Act by exempting savings banks and certain investment transaction by j l32 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 19, 1995 State and national banks. Addikionally, amends the Financial Planning and Management Services Act by deleting obsolete gubernatorLal appointment provëstons. And fënalty, it amends the Consumer Installment Act by prohibiting licenses fcr locations outside of Illinois. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further dlscussion? Any further discussion? Senator Butler.
Question of the sponsor, please.
PRESIDING OFEICER: (SENATOR GEO-KARIS) Indicates he'll yield.
Senator, hasn't DFI always had the authority to allow Consumer Installment Loan Act licensees to charge bcrrowers for non-filing insurance?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh.
Yes, Senator, but House Bill 2346 codifies DFI's authority on this -- on this issue.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Palmer.
Thank your Madam Presldent. A question cf the sponsor.
PRESIDING OFPICER: (SENATOR GEO-RARIS) He indkcates he'll yleld.
Senatorr according to my analysis, this amendment and What contains could lead to some risk, especially for low-income people, because i: appears thaE there is an arrangement now between the finance company and the retailer Where a customer l33 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9z 1995 could be steered or could be -- end up payin: a hidden fee. Could you comment on that, please? ! PRESIDING OFFICER: (SENATOR GEO-KARIS) I SenaEor Walsh. . I SENATOR WALSHI What hidden fee are you -- are you talking about, Senator?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senakor Palmer. SENATORPALMER: f According to my analysls, it says there 's a concern that a finance company that offers an inducement to a third party to refer borrowers to the Cinance company could lead to coercion. Lower-income persons who particularly rely upon certain credit arrangements when buyinq appllancesr could be referred to particular finance companies and so forth and so cn. And I am just wondering, if -- if the fee is paid by the finance company to the retailer or a third party, is thls subject to the federal Truth in Lendlng Act.
PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Walsh. Senatcr Walsh.
Noy this is not subject to the federal Truth in Lending Act. Thts is totally misconstruing commercial paper.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Palmer. Are you done? Senator Parker.
Thank you, Madam President. Wil1 the ...
PRESIDING OFFICER: (SENATOR GEO-KARIS) SenatorParker . (
Pardon me. Myquestionwasalready asked. I was outof the l room. Thank you. j 134 . ) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 i PRESIDING OFFICER: (SENATOR GEO-KARIS) I ! Any further discussion? Any further discussion? Any further discussion? Hearing ncne , the question is, shall House Bill 2346 I pass. Those in ravor, vote Aye. Those opposed will vote Nay.. I I The votlng is open. Have all voted who Wished? Have all vcted I I who wished? Have all vcted Who Wlshed? Take the record, Madam I I Secretary. On that questicn, there are 48 votin: Aye, 7 voting Nay, 3 voting Present. This bill, having received the required constitutional majority, is hereby declared passed. House Bill 2351. Senator Rauschenberger? Madam Secretary, read the bill. ACTING SECRETARY HAWKER: j House Bill 2351. 1 I (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) I Senator Rauschenberger.
Thank your Madam President, Ladies and Gentlemen of the Senate. This -- this bill is -- again: follows our current practice of ccdifying after the administration and our untons have made agreements. This particular bill codifies -- or changes the Statutes to reflect the negotiated settlement between AFSCME and CMS, or the administration, on employee contribution for their group health insurance plan. It's supported by both the administration and by AFSCME, the union. It is noncontroversial, I thlnk. I would request a favorable roll call.
PREGIDING OFFICER: (SENATOR GEO-KARIS) I Any further discussion? Any further discusskon? Any further I ' discussion? Hearing none, the question is, shall Hcuse Bill 2351 pass. Those in favor, vote Aye. Those opposed will voEe Nay. The voting is open. Have a1l voted who Wished? Have a11 voted 1 who wished? Take the record' Madam Secretary. On tha: question, k35 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX . REGULAR SESSION SENATE TRANSCRIPT ' i 53rd Legislative Day May 19, 1995 ' I I there are 59 voting Aye, none voting Nor none voting Present. And j i this bill, having received the required constitutional majority, I I is hereby declared passed. House Bill 2370. Out of the record. I I ' House Bill 2403. Senator Rauschenberger. 2403. Out of the 1 record . .. House Bl1l 2407. Senator Weaver. Read the bill, Madam j Secretary. ACTING SECRETARY HAWKER : House Bill 2407. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator de1 Valle, for what purpcse do you rise? Senator Weaver. SENATOR WEAVER : Thank you, Madam President and Members of the Senate. This Would make changes in the Medical Center Commission Isic> Act. Al1 the changes have been accepted by everyone invclved: The county, khe city, the University of Illinois, Rush Presbyterian. And if anybody has any questlons, 1'11 be happy to try to answer them. PRESIDING OFFICER: (SENATOR GEO-RARIS) Any discussion? Senatar de1 Valle. SENATOR dEL VALLEC Thank you, Madam President. A questlon for the sponsor. PRESIDING OFFICER: (SENATOR GEO-KARTS) Indicates he will yield. SENATOR dEL VALLE: Senator Weaver, in committee Some concern was expressed about the quick-take provision ln this bill that is good for six years. T requested from the Commission a list of the churches, because the bill does allow for the Commission tc take churches. In the area ehere are several stcrefront churches, and L was glven a Yist of the addresses. My question is: Does the bill ensure that 136 è - - . STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leglslative Day May l9# 1995 relocaEion assistance will be provided to noE only the churches, I I but azso the -- .he reszdents -- the tenants o, the buildings . I where the churches are located? 1 I PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver. SENATOR WEAVER: Yes, that's my intent, and that's been the practice in the 1 past, to help relocate anyone where they ive -- they 've had to relocate. So, the quick-take is still in there. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator del Valle. SENATOR dEL VALLE: Well, I -- I read the language in the bill as betng permisslve. It says that they may provide assistance, and I understand that that's standard language, but I guess what I'm looking for is -- is an assurance that a real serious attempt wlll be made to provide that relocation assistance to everyone who needs it. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver. SENATOR WEAVER: Well, that certainly has been their practice in the pastr and I'm sure it will continue. PRESIDING OFFICER: (SENATOR GEO-XA/IS) Senator Petka. Senator Petka? Senator Collins, further discussion? SENATOR COLLINS: Yes. Thank you. Senator Weaver, I -- I Will support your bill. I -- I did raise quite a few objectlons in khe committeer and I thlnk you said that I killed your bill in committee. But one of the representatives of that arêa has some concerns about the I I l37 ' ) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9z 1995 I of -- of the authority of Ehis Commission. In talking with some of the Members, I feel that We should be able to -- to sit dcwn with the community people and work out, once the plan ls fully I developed, so tha: *he communtty can, in factz have some input , .. i into the planning. And if that is a commitment frcm the I I committee, I'm willing to go on and -- and support your bill ab ! this particular time. I PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver. SENATOR WEAVER: Well: certainly that wikl continue. They have held public hearings and Worked With the community groups and everyone involved in -- in the bouadaries of the Commission and the surrounding areas, and I -- I'm sure, Senator Collins: that Will continue. PRESIDING OFFICER: (SENATOR GEO-KARIS) WCIA requests permisslon to videotape. If there is no objection, permission is sranted. Any further discussion? Senatcr Smith. SENATOR SMITH: Thank you, Madam PresidenE, Ladles and Gentlemen of the Senate. I wholeheartedly support this piece of legislation, or 2407. It is my districtr and I have been over several times to the -- to the institution. They are doing marvelous Work With -- especlally with young entrepreneurs who are going into business. It's a large area. It's a con*lnued program. It's going to involve the people. Ik's lnvolving many Of our Black constltuentsr if you night want ko say thatg or your minorities, or et cetera- And it -- it is -- you cannot -- *eê as human beings, cannot stay the hand of progress. Our world is growinq; it's changing every day. And We have a firm group of people who are uorking over there, and they're doing a magnificent job. It's I 138 y ' STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 going to involve many, many people and many, many jobs: and I wholeheartedly ask that a11 of our ccnstltuents here on the Ploor support Senator Weaver in passing this piece of legislation. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discusslcn? Hearing I none, Senator Weavery to close. On this question, shall House I Bill 2407 pass, those in favor will vote Aye. Those oppcsed Will I I vote Nay. The voting is open. Have all voted Who wished? Have al1 I voted who wished? Have a11 voted Who wished? Madam Seeretaryr I I take the roll. On that questfon, Ehere are 57 voting Ayey 1 I . I voting Nay, none voting Present. This bikl, having received Ehe I / required constitutional majority, is hereby deûlared passed. ENDOFTAFE 1 I TAPE 4 PRESIDING OFFICER: (SENATOR GEO-KARIS) It would be appreciated if we could have a little more quiet. Senator Philip, for what purpose do you rise? SENATOR PHILIP: Just to announce the schedule. I know that some people are already going south and north already. ThaE we are -- we'll probably finish 3rds today - one more to the end - and then do Non-coneurrences so we get the paperwork over to the House, and then wefll adjourn and come back Sunday at 5. We will do some ) paperwork, and we '1l do some final passage of bills Sunday at 5. I I So I'm suggesting that youdre here Sunday and be here on tine, please. 1 I PRESIDING OFFICER: (SENATOR GEO-KARIS) I 1 l39 -. * u. . =..- - - .- - . . . ETATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 I Phank youy Senator Weaver -- I meanr Senator Philip. House I I Bill 2429. Spnator Weaver. l I I SENATOR WEAVER: I I let's qet them filed tcday or the first thing Sunday evenins so 1 l that we may get them out of Rules and act on them Sunday evening.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you: Senator Weaver. House Bill 2429. Senator Rauschenberger. Senator Rauschenberger? Out of the record. House Bill 2465. Senator Watson. Read the bill, Madam Secretary.
House Bilk 2465. (Secretary reads Eitle of bill) 3rd Readln: of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson.
Yes. Thank you: Madam President...
PRESIDING OFPICER: (SEHATOR GEO-RARIS) Hold on just a minute, Senator Watson. Please give your attention to the gentleman who's going to read the bill -- give you the bill. Senator Watson.
Yes. Thank you, Madam President. This piece of legislation, House Bill 2465, does exaetly what the Calendar says. It establishes a Welfare Reform Task Force. As you probably recall, most of youy we passed the welfare reform earlier this year. Embodked in that piece of legislation Was the sunsetting of the AidstoFamilywithDependen:Children Program on January lst, 1 1999. This task forceisto--tomeetandnakesuggestionson 1 I what possibly could be utilized for that replacement cf the I I l40 i ! sraTs or zcLzuozs 1 89TH GENERAL ASSEMBLX I REGULAR SESSION I SENATE TRANSCRIPT 1 53rd Legislative Day May 19e 1995 program. It's a nine-member task force. Six nembers appointed by the varicus Leaders; three members by *he Governor. Be glad to answer any questions; otherwise, I'd appreciate the support from the Body. PRESIDING OFFICER: (SENATOR CEO-KARIS) Further dtscussion? Senator Smith. SENATOR SMITH: May I just ask the -- khe sponsor a questian: please? PRESIDING OFFICER: (SENATOR GEO-KARIS) Indicates he Will yield for a question. SENATOR SMITH: Senator Watson, I'd like to ask -- inquire: What is it this task force can do that the committee task force on welfare cannot - - that the Conmittee on Welfare cannot do? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson. SENATOR WATSON: Well, I guess you're -- youdre speaklng of the -- the Senate Committee on Public Health and Welfare. The -- the task force -- of course, a lot of concern that was addressed at that -- the time we passed the legislation was how were Ne going to replace Ehe APDC Program after it was sunsetted. The suggestion came forth, I thlnk from both sides of *he aisle, that a good way to do that would to eskablish a task force that could have hearings and -- and take public input and hopefully come up with some suggestlons. So I think this was sort of a Lipartlsan approach to -- to solving the problem of what to do come January 1st: 1999, with Ehe AFDC Program. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Smith. SENATOR SMITH: I have -- I have here on my analysij that *he task force l4l STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 created by House Blll 2465 is structured *o have limited publlc input and that does not provide equal appointment of members by the four Legislative Leaders. In fact, the Governor has more appointments than the House and the Senate Democratic Leaders. And mcreover, the task force will be loosely struetured, and as reportedr lts recommendations do not have to be considered by *he Department, the Covernor and the General Assembly. Is that something different, alterative or somethlng like that?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson.
Senator Smith: obviously we 've not had gcod communlcation between the tWo of us. know you must have some questions and concerns. 1,11 be glad to discuss this with you over the next few days, and I -- I would like tc take this out of the record this tlme.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Out of the record. House Blll 32 -- I'm sorry. Page 13 of today's Calendar is the Order of Secretary's Desk, Concurrence, Senate Bllls. We're going to that Order for Ehe purpose of not concurring. Senate Bill Senator Butler? Madam Secretary .
I move to non-concur with the House in the adoption of their Amendment No. 1 to Senatç Bill 75. Offered by Senator Butler.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler.
Thank you, Madam President. move that We non-concur with Senate Bill 75 and ask that a conference be joined.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Is there any discussion? Hearing none, those in favor, 142 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May l9, 1995 please say -- signify by saying Aye. A1l opposed. In the opinion of the Chair; the Ayes have it. The motion carries. The Secretary shall so inform the House. On tbe bottom of page 15, Senate Bill 623. Senator Butler? 6237 Out of the record. Senator Butler, for what purpose do you rise: sir?
I apologize, Madam President. thought we were on Non-concurrences. I move we concur on Senate Bill 623.
PRESIDING OFFICER: (SENATOR GEO-KARIS) We are noW on Non-concurrences, Senator Butler, and I had announced it earlier, sir. House Bill -- Senate Bill 1037, on Non-concurrences. Senatcr Madigan?
Thank ycu, Madam President. I would move to non-concur with House Amendment No. l Eo SenaEe Blll 1037.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Madam Secretaryr you have that bill there? And Senator Madigan noves to non-concur. Js Ehere any discusslon? Any discussion? Any discussion? Hearing none, al1 those in favor af non-concurring, say Aye. A11 opposed, say Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Is there anyone else who wishes to make a motion to non-concur on their bill? Seeing none, that, I believe, will conclude our business, exeept for resolutions on the Consent Calendar. Resolutions for Consent Calendar? Senator Demuzio.
Did I hear you say that our business Was concluded and that...
PRESIDING OFFICER: (SENATOR GEO-RARIS) Noe quite.
Halfway?
PRESIDING OFFICER: (SENATOR GEO-KARIS) 143 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd tggisla*ive Day May l9, 1995 Pretty close. Just for the paperwork. Very close. We Will noW proceed to the Order of Resolukions Consent Calendar. With leave of the Body, alk those read tn today Will be added to the Consent Calendar. Mr. Secretary -- Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?
There have been no objections filed, Madam President.
PRESIDING OFFICER: (SCNATOR GEO-KARIS) not, the questton is, shall Ehe resoluklons on *he Consent Calendar be adopted. A1l those in favor, say Aye. Those opposed, say Nay. The opinion of the Chairr the aotion -- Aye carries' and the resolutions are adopted. Senator Carroll, for what purpose do you rise, sir?
Besides to say hello to the President - hello, Madan President...
PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you.
An inquiry of the Chair. As We leave today, there'll be six Legislative Days left. We were just wonderlng What Was happening With the budget of State government. We, on cur side of the aislez have been having Wonderful negotiations on Ehe budget. We just didn't know how yours were going and was Wcndering What Was going on.
PRESIDING OFFICER: (SENATOR GEO-KARIS) cannot ansWer you at this point. If Ehere 's any furEher business to ccme before hhe Senate? If not, Senator Philip moves the Senate stand adjourned till 5 p.m.r Sunday, May We are noW adjourned, 144 @. > < REPORT: TIFLDâY :TZTE OF ILLINOIS 96/09/11 PAGE: 001 89TH GENEHAL ASSEHBLY 16:18:36 SENATE DAILY TRANSCRIPTION OF DEBZTE INDEX MAY 19y 1995 HB-0003 THIRD READING HB-0036 RECZLLED HB-0150 RECALLED HB-0182 THIRD READIMG HB-0238 8ECOMD REZDING HB-02R1 THIRD READING H8-0258 THIRD READING HB-O27O THIRD REZDTMG HB-O31R THIRD READING HB-03V0 RECZLLED H8-0375 THIRD READING H8-0377 RECALLED HB-0412 THIRD REâDING HB-0473 THIRD REâDING HB-0505 RECALLED HB-0507 TâBLED HB-05VR RECâLLED H8-0686 THIRD REâDING H8-0823 THIRD REàDING HB-0913 THIRD READING H8-0929 RECALLED H8-0939 THIRD READING H8-0965 SECOND REZDIMG HB-097V RECZLLED HB-1069 RECàLLED HB-1106 THIRD READIMG HB-1116 RECALLED HB-11k9 THIRD READIMG HB-1202 SECOND READING HB-1212 RECZLLED HB-1237 THIRD READIMG H8-1268 RECZLLED HB-1270 SECOMD READING HB-1319 THIRD READING H8-1596 THIRD REâDIMG HB-1608 EECOND READING H8-1633 THIRD HEADING HB-ITRI THIRD READING H8-1787 THIRD READING H8-1787 OUT OF RECORD HB-1792 RECALLED H8-1833 THIRD READING HB-1853'SECOND READING H8-1869 THIRD REZDIMG H8-1882 THIRD READIMG HB-189R THIRD READIMG HB-196? THTRD READING HB-1967 OTHER H8-1969 THIRD READING :8-2076 THIHD REâDING HB-217T THIRD REâDING HB-22R0 THIRD READING H8-2251 SECOND READING :E-2251 0UT OF RZCORD H8-23:6 THIRD READINC H8-2351 THIRD REZDING HB-2%0T THIRD REZDING H8-2465 THIRD REZDING H8-2465 0UT OF RECORD SB-0075 NON-CONCURREMCE SB-0213 OTHER 58-0432 OTHER SB-1037 MON-COMCURRENCE *% REPOST: TIFLDAY STATE OF ILLIMOIS 96/09/11 PâGE; 002 89TH GENERAL ZSSEMBLY 16:18:36 d SENZTE DZILY TRâNSCRIPTION OF DEBATE IMDEX HâY 19, 1995 SUBJECT HZTTER i SEN2T6 TO ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-PZSTOR LOREN RASBURY PAGE 1 PLEDGE OF ALLEGIZNCE PAGE 1 JOURMZLS-POSTPOKED PAGE 1 COMMITTEE REPORTS PAGE 1 INTRODUCTION OF GUEST-SENâTOP MAITLZND PAGE 4 GUEST SPEAKER-HOTHER OF THE YEAR RUTH POOLE PAGE 5 CORRECTED COHHITTEE REPORT PâGE 6 RESOLUTIONS COKSENT CALENDAR âDOPTED PAGE 1RR ADJOURNMENT PAGE 1V#