Illinois General Assembly Floor TranscriptsBrowseSenate89th GA

Illinois Senate Floor Debate — November 3, 1995

89th General Assembly (1995-1996) · Legislative day 63 · Regular Session
Chamber
Senate
General Assembly
89th (1995-1996)
Date
November 3, 1995
Legislative day
63
Session
Regular Session
Speaker turns
221
Original
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PRESIDING OFFICER

(SENATOR DUDYCZ) 18 Regular Session of the 89th General Assembly will come to 20 order. Will the Members please be at their desks and will our 21 guests in the gallery please rise. Our prayer today will be given 22 by Pastor Roger Ruhman, the Presbyterian Church, Paris, Illinois. 23 Pastor Ruhman.

PASTOR ROGER RUHMAN

(Prayer by Pastor Roger Ruhman) 25 27

PRESIDING OFFICER

(SENATOR DUDYCZ) 29 ...now say the Pledge of Allegiance, led by Senator Sieben. 31 Senator Sieben.

SENATOR SIEBEN

33 (Pledge of Allegiance, led by Senator Sieben) 35

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 37 Reading of the Journal. Senator Butler. 39

SENATOR BUTLER

41 Mr. President, I move that reading and approval of the Journals of Wednesday, November 1st, and Thursday, November 2nd, in the year 1995, be postponed, pending arrival of the printed Journals. 43 44 45

PRESIDING OFFICER

(SENATOR DUDYCZ) 47 Senator Butler moves to postpone the reading and approval of the Journal, pending -- arrival of the printed transcripts. There 49 51 being no objection, it is so ordered. Committee Reports. 52

Harry (surname or first name uncertain)

54 Senator Peterson, Chair of the Committee on Revenue, reports Senate Amendment 1 to House Bill 1461 Be Adopted. 56 57 And Senator Cronin, Chair of the Committee on Education, 59 reports Senate Joint Resolutions 59 and 60 Be Adopted. 60

PRESIDING OFFICER

(SENATOR DUDYCZ) 62 Resolutions. 64

Harry (surname or first name uncertain)

66 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 Senate Resolution 118, offered by Senators Fitzgerald, Philip 68 and others. It's a death resolution, Mr. President. 70 PRESIDING OFFICER: (SENATOR DUDYCZ) 72 Consent Calendar. Messages from the House. 74 SECRETARY HARRY: 76 A Message from the House by Mr. McLennand, Clerk. 78 Mr. President - I am directed to inform the Senate that 80 the House of Representatives has accepted the Governor's specific 81 recommendations for change, which are attached, to a bill of the 83 following title, in the adoption of which I am instructed to ask 85 the concurrence of the Senate, to wit: House Bill 2465. 87 Adopted by the House, November 2nd, 1995. 89 A Message from the House by Mr. McLennand, Clerk. 91 Mr. President - I am directed to inform the Senate that 93 the House of Representatives has adopted the following joint 94 resolution, in the adoption of which I am instructed to ask the 95 concurrence of the Senate, to wit: House Joint Resolution 43. 97 Adopted by the House, November 2nd, 1995. It's substantive. 99 Message from the House by Mr. McLennand, Clerk. 101 Mr. President - I am directed to inform the Senate that 103 the House of Representatives has concurred with the Senate in the 104 passage of a bill of the following title, to wit: 105 Senate Bill 598, with House Amendment No. 2. 107 We have a like Message on Senate Bill 908, with House 109 Amendment No. 1. Both passed the House, as amended, November 2nd, 1995. 111 A Message from the House by Mr. McLennand, Clerk. 113 Mr. President - I am directed to inform the Senate that 115 the House of Representatives has refused to concur with the Senate 116 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 in the adoption of their amendment to a bill of the following 117 title, to wit: House Bill 1653, with Senate Amendment No. 1. 119 Non-concurred in by the House, November 2nd, 1995.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 121 123 Senator Hawkinson moves that the Senate refuse to recede from the adoption of Senate Amendment No. 1 to House Bill 1653 and that a conference committee be appointed. All those in favor, say Aye. Opposed, Nay. The Ayes have it. Motion carries, and the Secretary shall so inform the House. ...Madigan, for what purpose 125 126 127 128 129 do you arise?

SENATOR MADIGAN

131 Thank you, Mr. President. Purposes of an announcement that everyone, on their desk, has received a memorandum from the Illinois Legislative Sportsmen's Caucus that our fund-raiser and reception will be on -- at 6 o'clock when we come back for the second week of veto Session on November the 14th at the Prairie Capital Convention Center. And if you've got any items -- and we would request that you do have, for those Members of the Sportsmen's Caucus -- any items to be raffled or auctioned off, we'd like to remind you for your help and courtesy, and help us make this event a success. We're -- the proceeds of this will be going to the youth and disabled hunting programs. Thank you, Mr. President. 133 a 136 137 138 139 140 141 142 143

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) ...will stand at ease for five minutes while the Rules 145 147 Committee meets. (SENATE STANDS AT EASE) 150 (SENATE RECONVENES) 152 3 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day

PRESIDING OFFICER

(SENATOR WEAVER) November 3, 1995 155 ...will come to order. For what purpose does Senator 157 Hawkinson seek recognition?

SENATOR HAWKINSON

158 160 Thank you, Mr. President. Inquiry of the Chair. 162

PRESIDING OFFICER

(SENATOR WEAVER) 164 Yes, sir.

SENATOR HAWKINSON

166 168 Mr. President, I notice we have a supplemental Calendar 170 dealing with House bills and amendatory vetoes. And the inquiry 171 is whether we have can have access to the Governor's amendatory 172 messages. The the book we have on our desks is is for 173 Senate bills only, and I think we would need to have access to the amendatory messages. 174

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 176 Let me check on that, Senator. ...answer to you, Senator 178 Hawkinson, the Governor's Messages are being duplicated and they'll be on your desks before we act on them or bring them up. 180 181 Committee Reports.

Harry (surname or first name uncertain)

Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned to committees: Referred to the Committee on Agriculture and Conservation Senate Amendment 3 to House Bill 965; and Approved for Consideration House Joint Resolution 43, Senate Amendment 4 to House Bill 820, and Senate Amendment 2 to House Bill 1461. 183 185 186 188 189 190

PRESIDING OFFICER

(SENATOR WEAVER) 192 Introduction of Bills. 194

Harry (surname or first name uncertain)

196 Senate Bill 1236, offered by Senator Klemm. 198 (Secretary reads title of bill) And Senate Bill 1237, by Senator Dillard. 200 202 4 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 (Secretary reads title of bill) 204 1st Reading of the bills. 206

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 208 ...page 2 of the Calendar, House Bills 3rd Reading. We have a 210 couple of bills there that need to be brought back to 2nd for the 211 purpose of amendments. So, Mr. Secretary -- Senator Maitland, do 212 you wish this bill returned to 2nd Reading for the purpose of 213 amendment? House Bill 820. Senator Maitland seeks leave of the 215 Body to return House Bill 820 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 820. Mr. Secretary, are there any Floor amendments approved for consideration? 217 218 219

Harry (surname or first name uncertain)

Amendment No. 3, offered by Senator Maitland.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 221 223 225 Senator Maitland. 227

SENATOR MAITLAND

229 Thank you, Mr. President, Members of the Senate. I would wish to -- would move to table Floor Amendment No. 3, please. 231 233 There's a subsequent amendment to follow.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 235 Senator Maitland wishes to table Amendment No. 3 to House Bill 820. All those in favor, signify by saying Aye. Opposed, Nay. 237 239 The Ayes have it. Senate No. 3 is tabled. Any further Floor 240 amendments approved?

Harry (surname or first name uncertain)

Amendment No. 4, offered by Senator Maitland.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 242 244 246 248 Senator Maitland. 250

SENATOR MAITLAND

Thank you, Mr. President. First of all, as -- as a comment of explanation, I plan to amend this bill today and then move it to 252 254 5 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 3rd and not seek further action today, because there are some 255 questions about the issue. So Amendment No. 4 is an amendment that expands ISAC's authority to originate student loans SO that we can -- with the thought in mind that federal loans are going 257 down. This is an issue where we -- where we will seek to expand 258 loans within the State using State institutions, State banks in this State, rather than allowing these loans to go elsewhere. 261 Other states are following this concept. With that very brief 262 explanation, I would seek -- I would move to accept Floor Amendment No. 4.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 264 Is there discussion? If not, the question is the adoption of Amendment No. 4. All those in favor, signify by saying Aye. 267 Opposed, Nay. The Ayes have it. The amendment's adopted. Any 268 further amendments?

Harry (surname or first name uncertain)

No further amendments reported, Mr. President. 272

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 274 3rd Reading. Senator Watson, on 854? Do you wish -- excuse 276 me. 1461. Senator Watson, do -- do you wish this bill brought 278 back to 2nd Reading for the purpose of amendment? 279 SENATOR WATSON: 281 Yes, sir. 283 PRESIDING OFFICER: (SENATOR WEAVER) 285 Senator Watson seeks leave of the Body to return House Bill 287 1461 to the Order of 2nd Reading for the purpose of an amendment. 289 Hearing no objection, leave is granted. On the Order of 2nd 290 Reading is House Bill 1461. Mr. Secretary, are there any Floor 292 amendments approved for consideration? SECRETARY HARRY: 294 Amendment No. 1, offered by Senator Watson. 296 PRESIDING OFFICER: (SENATOR WEAVER) 298 6 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day Senator Watson.

SENATOR WATSON

November 3, 1995 300 302 304 306 308 309 310 Yes. Thank you, Mr. President. There's three provisions of this amendment. It was heard yesterday in the Revenue Committee. First of all, the first provision adds Senate Bill 521, which clarifies some TIF district language dealing with the Sears campus in Hoffman Estates. Second provision allows for the Department of Revenue to extend the period during which a taxpayer may respond to a penalty, from twenty-one to thirty days. This is, again, a technical amendment some legislation that we had previously passed, inadvertently, left the expansion of those days out. And 313 the third provision is one in which involves the Board of Trustees of the Mass Metro East Mass Transit District, in which they've increased the sales tax by referendum by one-half percent. We are asking for consideration for those sales which are titled, primarily new cars and used cars, to go to a fee structure versus a sales tax; the reason being, because on an average, two-hundred- to two-hundred-and-fifty-dollar difference in the cost of a car will result as a result of the increase in the sales tax. This fee structure will still allow for money to flow to the mass transit district, but certainly would be at a lesser amount, and as a result, the competitive nature and -- of the car business will be somewhat neutralized. And this is a concern that the new car dealers brought to all of us in the Metro East area, and we all concur on that language.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.

SENATOR CULLERTON

Yes. Would the sponsor yield?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield.

SENATOR CULLERTON

311 312 314 315 316 318 319 320 321 322 324 325 326 327 329 331 333 335 337 339 341 7 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 Senator, with regard to that sales tax issue with regard to 343 the new -- new car sales, instead of charging this extra sales tax 345 within a particular region, the -- the concern was that people 346 would just go outside that region and purchase the cars outside, I 347 take it, and would hurt the sales within that region. So instead, 348 in -- in an effort to -- to still bring in the revenues needed, 349 you indicated that they're going to a fee schedule. Now, is that 350 fee a -- an increase in the fee on -- on what? What fee is being 351 increased? PRESIDING OFFICER: (SENATOR WEAVER) 353 Senator Watson. 355 SENATOR WATSON: 357 It's an -- a new fee that will be established by the Mass 359 Transit Board of up to twenty dollars. They will have the option 360 of -- of whatever dollar figure they want, up to twenty dollars. 361 And that would be on the new car and used car sales, or titled 362 sales, within the mass transit district. PRESIDING OFFICER: (SENATOR WEAVER) 364 Senator Cullerton. 366 SENATOR CULLERTON: 368 So it's still on the transaction itself. It'll still be on 370 the purchase of the vehicle -- there'll be this extra fee -- instead 371 of a sales tax. PRESIDING OFFICER: (SENATOR WEAVER) 373 Senator Watson. 375 SENATOR WATSON: 377 That is correct. 379 PRESIDING OFFICER: (SENATOR WEAVER) 381 Senator Hendon. 383 SENATOR HENDON: 385 Thank you, Mr. -- Mr. Chairman. Will the sponsor yield? 387 PRESIDING OFFICER: (SENATOR WEAVER) 389 8 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 He indicates he will yield.

SENATOR HENDON

391 393 What is the difference in the -- the dollar amount between 395 what the tax was going to be and what the fee is going to be? Was 396 the tax going to be around twenty dollars or...? 397

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson. 399 401

SENATOR WATSON

403 It would be the one-half percent that would be levied, or would be assessed, on the sale of the vehicle. One-half percent. Whatever that difference is. It'll be considerable, because the new car dealers in the area that -- felt that this would put them 405 406 407 408 at an uncompetitive disadvantage with car dealers outside of the 409 mass transit region.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? Senator Hendon.

SENATOR HENDON

Well, my friends are telling me that they have worked this out and they are happy with it. I don't understand any tax -- any tax that comes through this -- this Body I'm going to be against it, because I am truly an antitax Democrat, but I will have no further questions because my friends told me to sit down and shut up.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Which friend? Senator Watson, to close.

SENATOR WATSON

Yes. Thank you. I would just appreciate the support of the Body.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson's moved the adoption of Amendment No. -- Floor Amendment No. 1 to House Bill 1461. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. 411 413 415 417 418 419 420 421 423 425 427 429 431 433 435 437 438 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 Secretary?

Harry (surname or first name uncertain)

Amendment No. 2, offered by Senator Watson.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

SENATOR WATSON

Yes. Thank you, Mr. President. This amendment comes to us offered by the Secretary of State. It's strictly technical. It allows for information to flow to the mass transit district on the basis of zip code versus the boundary of the -- mass transit district. The Secretary of State told us they could not comply with the -- the language that -- and did not have the availability of knowing what car sales were within the mass transit district but they could supply it by zip code, and that's what this amendment does. It clarifies that.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, all in favor, signify by saying Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported, Mr. President.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. On the Order of House Bills 2nd Reading, House Bill 115. Senator Dudycz? Read the bill, Mr. Secretary.

Harry (surname or first name uncertain)

House Bill 115. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. President.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Sieben, on House Bill 854? Read the bill, Mr. Secretary. 10 63rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT November 3, 1995

Harry (surname or first name uncertain)

House Bill 854. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendments 3 and 4.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

Harry (surname or first name uncertain)

No further amendments reported?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) We'll be proceeding to Senate Calendar Supplemental No. 1. First motion to accept is House Bill 660. Senator Cronin. Read the motion, Madam Secretary.

ACTING SECRETARY HAWKER

I move to accept the specific recommendations of the Governor as to House Bill 660, in manner and form as follows: Amendment to House Bill 660 in Acceptance of Governor's Recommendations Filed by Senator Cronin.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.

SENATOR CRONIN

We made a -- the Governor made a minor change here, but an important one, that I urge the Senate to support, adding an additional member - a public member - so that the public representation is no less. I move that the Senate accept the government -- the Governor's amendatory veto.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin has moved to accept the specific 11 489 491 493 495 496 498 500 502 504 506 508 510 512 513 515 517 519 521 522 524 526 528 530 532 533 535 536 538 540 63rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT November 3, 1995 recommendations of the Governor as to House Bill 660. Is there 542 any discussion? Is there any discussion? Any discussion? Seeing 543 none, the question is, shall the Senate accept the specific 544 recommendations of change for the Governor as to House Bill 660, 546 in the manner and form just stated by Senator Cronin. The voting 548 is open. ...the record. On that question, there are 58 Ayes, no 549 Nays, none voting Present. The specific recommendations of the 550 Governor as to House Bill 660, having received the required 552 constitutional majority of vote of Senators elected, is declared 553 accepted. Senator Dudycz, on House Bill 679? Madam Secretary, 554 read the motion. 556 ACTING SECRETARY HAWKER: 558 I move to accept the specific recommendations of the Governor 560 as to House Bill 679, in manner and form as follows: 562 Amendment to House Bill 679 563 in Acceptance of Governor's Recommendations 565 Filed by Senator Dudycz. 567 PRESIDING OFFICER: (SENATOR DONAHUE) 569 Senator Dudycz. 571 SENATOR DUDYCZ: 573 Thank you, Madam President. Ladies and Gentlemen of the 574 Senate, earlier this year we passed, by a vote of 56 to nothing, 576 Senate House Bill 679, which clarifies that all foods sold from 577 vending machines shall be taxed at one percent, except for 578 products that are dispensed hot, and soft drinks, which shall be 579 continued to be taxed at six and a quarter percent. The Governor 580 made some technical, nonsubstantive changes to the bill. I know 581 of no objection. I -- and I would ask that the Senate accept the 583 specific recommendations of the Governor to House Bill 679. 585 PRESIDING OFFICER: (SENATOR DONAHUE) 587 Senator Dudycz has moved to accept the specific 588 recommendations of the Governor as to House Bill 679. Is there 590 12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 any discussion? Is there any discussion? Any discussion? Seeing 588 none, the question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 679, in the manner and form just stated by Senator Dudycz. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none 1 voting Present. The specific recommendations of the Governor as to House Bill 679, having received the required constitutional majority of vote of the Senators elected, are 589 591 593 594 595 596 598 declared accepted. Senator Palmer, for what purpose do you rise? 600

SENATOR PALMER

602 Thank you, Madam President. A point of personal privilege.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 604 606 Please state your point. 608

SENATOR PALMER

610 I'd like to introduce to the Body and ask you to welcome the Urban Studies Program that's visiting us today. They are university students who learn about what happens in cities. And 614 they're led by Kathleen Hogan, their professor. Could you rise 615 and be welcomed, please? 612 613

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 617 We... Yeah. Will you please rise and be recognized by the Senate. Welcome. Senator Dudycz, on House Bill 1002? Read the 619 620 read the motion, Madam Secretary. 621

ACTING SECRETARY HAWKER

623 I move to accept the specific recommendations of the Governor 625 as to House Bill 1002, in manner and form as follows: 627 Amendment to House Bill 1002 in Acceptance of Governor's Recommendations 629 630 Filed by Senator Dudycz. 632

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 634 13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day Senator Dudycz.

SENATOR DUDYCZ

November 3, 1995 Thank you, Madam President. House Bill 1002, which was passed by this Body last May, amended the Ticket Scalping Act by requiring ticket brokers to register with the Secretary of State and to certify to specific criteria. The Governor amendatorily vetoed House Bill 202 <sic> because of the definition of a professional association contained in the bill which a broker may join to avoid the consumer protection requirements of the bill. Governor asserted that it -- it is too narrowly drafted, might provide one such organization with a monopoly. The amendatory veto changes the definition of the professional organization mean associations organized under the laws of this State or organized under the laws of any other state and authorized to conduct business in Illinois that has been in existence at least three years prior to the date of that broker's registration with the Secretary of State. And I would also ask that the Senate approve the -- accept the Governor's recommendations to the amendatory veto of House Bill 1002.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz has moved to accept the specific recommendations of the Governor as to House Bill 1002. Is there any discussion? Senator Welch.

SENATOR WELCH

A question of the sponsor.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Welch.

SENATOR WELCH

Senator Dudycz, I'm wondering what the definition of a broker... If you read the -- in the Sun-Times or Tribune, they always have some ads in there about tickets for the Bulls games or Bears games or something. What is the requirement to be a ticket 14 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 broker? If -- if I have two tickets that I want to sell and I put 677 an ad in, do I have to register with the Secretary of State? 678 PRESIDING OFFICER: (SENATOR DONAHUE) 680 Senator Dudycz. 682 SENATOR DUDYCZ: 684 Are you referring to tonight's game, Senator Welch? 686 PRESIDING OFFICER: (SENATOR DONAHUE) 688 Senator... 690 SENATOR DUDYCZ: 692 Senator -- Senator Welch, I can read to you the -- all the 695 requirements that are listed in House Bill 1002, those that would 697 require -- or would identify what is a ticket broker, if it is 698 your desire. I can read the two and a half pages of the -- of the 699 bill, but I believe you have it on your desk, and if you wish to 700 read it yourself, you can do so also. 702 PRESIDING OFFICER: (SENATOR DONAHUE) 704 Senator Welch. 706 SENATOR WELCH: 708 Well, I don't have it on my desk and that's why I'm asking the 709 question. I'm just wondering if -- is this -- is this an attempt 710 by organized ticket brokers to chase out small individuals from 711 selling tickets by advertising in the newspaper, by requiring them 712 to pay a hundred-dollar fee? That's -- you know, this is 713 tradition around here, as to how the big guys chase out the little 714 guys out of business. 716 PRESIDING OFFICER: (SENATOR DONAHUE) 718 Senator Dudycz. 720 SENATOR DUDYCZ: 722 No, Senator Welch. This amendatory veto that the Governor is 723 putting -- attempting to put into House Bill 1002 would prevent a 724 monopoly of specific unscrupulous ticket brokers. And, as I 725 stated earlier, the professional organization that was defined at 726 15 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 we -- that we passed by a vote of 55 to 1 earlier this year was was more clearly defined by the Governor's veto, and I think this 726 727 would prevent the monopoly and the unscrupulous brokers from from doing what you assert that they are attempting to do.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 728 730 Further discussion? Senator Cullerton.

SENATOR CULLERTON

Yes. I have a parliamentary inquiry. 732 734 736

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 738 State your point, sir. 740

SENATOR CULLERTON

742 This particular bill has a immediate effective date. The 744 Governor did an amendatory veto, and so now we're acting on the bill after June 30th. The question is: Does it require a three-fifths vote or just a majority vote, since it has an immediate effective date and since it would take effect today if 745 746 747 748 we were to pass it?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell, for what purpose do you seek recognition?

SENATOR FAWELL

I'd like to ask the sponsor if he would yield for a question for purpose of being on the record. Senator, if my...

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 750 752 754 756 757 759 Whoops. Senator Fawell, he will as soon as we get this question resolved. All right? Thank you. Just hang on, Senator Fawell. ...Cullerton, your inquiry has two points to it. And in -- in response to the first request, first question: Pursuant to Article IV, Section 9, paragraph (e), which I state in part, quote, "the specific recommendations may be accepted by a record vote of a majority of the members elected to each house", unquote. And this bill shall require thirty votes for passage. In regard to the second one, the Chair's response is: Your inquiry is, one, 761 763 765 766 767 768 769 771 16 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 not for this Body to determine, but it is best addressed by 772 another branch of government. Senator Fawell, you had sought recognition to ask a question, and the Senator indicates he'll 774 yield.

SENATOR FAWELL

776 Thank you very much. Senator, can you tell me, if my son has four seats to the Bears game or the or the Hawks game or the Bulls game, which frankly he does have, and and he doesn't he can't use two of them, under this bill would it be unlawful for 778 780 782 783 him to sell two of those tickets to anyone else?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 784 Senator Dudycz. 786

SENATOR DUDYCZ

788 No, Senator Fawell. This -- this bill is basically a consumer 790 protection -- or contains consumer protection provisions. And and to answer Senator Welch's question, as well as yours, this this legislation identifies a ticket broker as one who is not only registered with the Office of the Secretary of State with -- as ticket broker, but it also identifies him as one who engages in a 792 794 795 796 797 798 the resale from one or more permanent or fixed locations whereby and he or she maintains as the principal residence <sic> activity of those locations the resale of tickets; displays the the license, the registration, at that location; maintains listing of all employees from that ticket broker's employ; maintains a statewide toll-free number for consumer complaints; has adopted a code of consumer protection or standard refund policy, and other provisions in there which are -- are clearly identified as consumer protection activity. And your son meets all that criteria, then he would be identified as a ticket broker; otherwise, he'd be free to sell his two tickets.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 800 801 a 802 803 804 805 806 if he 807 as a 808 810 Further discussion? Senator Hendon. 812 17 63rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT November 3, 1995

SENATOR HENDON

814 Thank you, Madam President. Will the sponsor yield? 816

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 818 Indicates he'll yield, Senator Hendon. 820

SENATOR HENDON

822 Senator Dudycz, if someone is a season ticket holder and because of that there is a -- over the duration of the season, 824 826 they have fifty tickets and -- and they decide to boycott the 827 Bulls and Blackhawks game because I have called for that, would 828 they have to register as a broker to sell those tickets because they do have a -- a large number of tickets over the course of the 829 season? 830

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 832 Senator Dudycz. 834

SENATOR DUDYCZ

836 Senator Hendon, if that individual wishes to be identified as a ticket broker and to be covered under the Ticket Brokers Act, he would have to -- he would have to fulfill the criteria, as I 839 mentioned earlier, and he would have to be registered with the 840 Secretary of State. If he is -- is -- is -- desires to be a 841 842 ticket broker and engage in the resale of -- of a large block of 843 tickets, then -- then I would say yes. But if it's just, like, a 845 ticket broker -- for example, you're boycotting a -- a team and you have season tickets, I do not believe, unless you meet that 847 criteria, you would be required or would be covered under this 848 Act.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 850 Senator Hendon. ...discussion? Further discussion? Seeing 852 none, Senator Dudycz, to close. The question is, shall the Senate 854 accept the specific recommendations of the Governor as to House 855 Bill 1002, in the manner and form just stated by Senator Dudycz. 857 Those in favor will vote Aye. Opposed, Nay. The voting is open. 18 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 Have all voted who wish? Have all voted who wish? Have all voted 858 who wish? Take the record. On that question, there are 58 Ayes, 859 no Nays, none voting Present. The specific recommendations of the 860 Governor as to House Bill 1002, having received the required 861 constitutional majority of vote of Senators elected, are declared 863 accepted. Senator Petka, on House Bill -- 1070? Madam Secretary, 864 read the motion. 865

ACTING SECRETARY HAWKER

867 I move to accept the specific recommendations of the Governor as to House Bill 1070, in manner and form as follows... 869 871

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 874 Senator Petka.

SENATOR PETKA

876 878 Thank you, Madam President and Members of the Senate. The amendment, which I'm asking for concurrence, was a technical correction requested by the Illinois Municipal League. What it basically did was add monetary contributions as part of the pre-annexation agreement which would survive the expiration of the pre-annexation agreement. When we first deliberated on this measure, it passed 57 to zero. The Governor's amendatory message, in my opinion, strengthens the legislation, and I move for its adoption. 880 881 882 883 884 885 886

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 888 Senator Petka has moved to accept the specific recommendations 890 of the Governor as to House Bill 1070. Is there any discussion? 892 Senator Geo-Karis.

SENATOR GEO-KARIS

894 Madam President, will the sponsor yield for a question? 896

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 898 Indicates he'll yield, Senator Geo-Karis. 900

SENATOR GEO-KARIS

902 Is this bill a response to a Supreme Court decision which said 904 19 63rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT November 3, 1995 that special use permits in an annexation agreement die when the annexation agreement dies? 905

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 907 Senator Petka. 909

SENATOR PETKA

911 It is in response to a lawsuit originating in Lake County, Bank of Waukegan versus the Village of Vernon Hills, in which the Illinois Appellate Court for the Second District brought to light the fact that the Municipal Code was not clear on the zoning of territory after a pre-annexation agreement had expired. 913 914 916 917

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 919 Senator Geo-Karis. 921

SENATOR GEO-KARIS

923 I know the case. I was the one who took it to the Supreme 925 Court. And what this is doing then, in effect, since I have a conflict of interest, what is it -- it's doing, in effect, it's allowing annexation agreements which expire to retain special use permits for zoning, which they shouldn't have. So, therefore, 926 927 928 I 930 will be voting Present, since I have a conflict of interest on it.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 932 Further discussion? Senator Klemm. 934

SENATOR KLEMM

936 Thank you. Will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 938 940 Indicates he'll yield, Senator Klemm. 942

SENATOR KLEMM

944 Senator Petka, I guess my concern would be: Does this bill 946 allow, then, a municipality to continue to control, if you will, the use -- the land use, the zoning, the fees and that, even after a pre-annexation agreement expires, where it's no longer been incorporated within the municipal boundaries? 947 948 949

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 951 20 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day Senator Petka.

SENATOR PETKA

November 3, 1995 953 955 It permits the enforcement of the pre-annexation agreement. That's correct. Madam President, since there appears to be 957 958 questions about this, I will -- I'd like to just take it out of 959 the record.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 961 Out of the record. 963

SENATOR PETKA

965 Right. 967

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 969 Senator Weaver, on House Bill 1106? Madam Secretary, read the 971 motion.

ACTING SECRETARY HAWKER

973 I move to accept the specific recommendations of the Governor 975 as to House Bill 1106, in manner and form as follows: 977 Amendment to House Bill 1106 in Acceptance of Governor's Recommendations 979 980 Filed by Senator Weaver. 982

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 984 Senator Weaver. 986

SENATOR WEAVER

988 Thank you, Madam President. In the amendatory veto the 990 Governor suggests that the Chief be the honored symbol of the University in the future be permissive, still leaving it up to the Board of Trustees to make that decision. 991 992

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 994 Senator -- Senator Weaver has moved to accept the specific 996 recommendations of the Governor as to House Bill 1106. Is there any discussion? Is there any discussion? Any discussion? The 997 998 question is, shall the Senate accept the specific recommendations 999 of the Governor as to House Bill 1106, in the manner and form just 1000 21 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 stated by Senator Weaver. Those in favor will vote Aye. Opposed, 1001 Nay. The voting is open. Have all voted who wish? Have all 1002 voted who wish? Have all voted who wish? Take the record. On 1003 that question, there are 54 Ayes, 2 Nays, 2 voting Present. On 1005 that question -- whoops. The specific recommendations of the Governor as to House Bill 1106, having received the required 1006 constitutional majority of votes of the Senators elected, are 1008 declared accepted. Senator Woodyard, on House Bill 1202? Senator 1010 Woodyard. Senator Woodyard, on House Bill 1202? Madam Secretary, 1011 read the motion. 1012

ACTING SECRETARY HAWKER

1014 I move to accept the specific recommendations of the Governor 1016 as to House Bill 1202, in manner and form as follows: Amendment to House Bill 1202 in Acceptance of Governor's Recommendations Filed by Senator Woodyard.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Woodyard.

SENATOR WOODYARD

1018 1020 1021 1023 1025 1027 1029 Thank you, Madam President. At the request of Senator Raica, 1031 would you take this out of the record? 1032

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1034 Out of the record. Senator Geo-Karis, on House Bill 1221? 1036 Madam Secretary, read the motion. 1038

ACTING SECRETARY HAWKER

1040 I move to accept the specific recommendations of the Governor 1042 as to House Bill 1221, in manner and form as follows: Amendment to House Bill 1221 in Acceptance of Governor's Recommendations Filed by Senator Geo-Karis.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis. 22 1044 1046 1047 1049 1051 1053 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day

SENATOR GEO-KARIS

November 3, 1995 1055 Madam President and Ladies and Gentlemen of the Senate, I move 1057 for the acceptance of the amendatory veto on this bill. I think 1058 the Governor made it a clearer case. This is a bill relating to 1059 adoptions. And this bill had conflicted with federal law in 1060 multiethnic placement of children, which would then jeopardize 1061 eligibility for federal foster care subsidies. And I -- this 1062 clears it up. It makes it in conformance with federal law, and 1064 has -- clears up the notification problem, and I ask for its favorable vote.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis has moved to accept the specific 1068 recommendations of the Governor as to House Bill 1221. Is there 1069 any discussion? Senator Hendon.

SENATOR HENDON

1071 Thank you, Madam President. Will the sponsor yield for one 1073 quick question?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she'll yield, Senator Hendon.

SENATOR HENDON

1075 1077 1079 Thank you very much. Senator Geo-Karis, Representative 1081 Flowers raised an issue about the waiting period being eliminated, 1083 the sixty to ninety days that give you opportunity to take a good 1084 look at the prospective adoptive parents. And we all want 1086 adoptions to be as quickly as possible, but we felt a background 1087 check was necessary. Is there any protection there, in lieu of 1088 the fact that the -- the waiting period has been eliminated? 1090

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis.

SENATOR GEO-KARIS

1092 1094 There's always a checking there. There are background checks. 1096 They were not eliminated. 1097 23 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1099 Further discussion? Senator Palmer. 1101

SENATOR PALMER

1103 Thank you, Madam President. A question of the sponsor. 1105

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1107 Indicates she'll yield, Senator Palmer. 1109

SENATOR PALMER

1111 Senator Geo-Karis, I'm certainly in support of this bill, as I 1113 was last time, but I am concerned about one change that the 1114 Governor made. It eliminates the provision requiring DCFS to 1115 increase minority recruitment staff. Could you shed some light on 1116 why that was removed, please?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis.

SENATOR GEO-KARIS

There was some language deleted. 1118 1120 1122 Right now it says special 1124 efforts shall include contacting and working with community 1125 organizations and religious organizations and may include 1126 contracting with these organizations, utilizing local media and 1127 other local resources. But basically they -- they went in with a 1128 more -- generic statement, Senator Palmer, in order to comply with 1129 the federal law. And that part was eliminated that you were 1131 talking about.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1133 Further -- further discussion? Senator Palmer. 1135

SENATOR PALMER

1137 Thank you, Senator Geo-Karis. But usually when the Governor 1139 completely removes some portion of a bill that we have passed, 1141 there is some explanation. Is it -- and there must be some 1143 reason; otherwise, it's just summarily dismissed, and we, as a 1145 Body, voted for this.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1147 24 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 Further discussion? Senator Trotter. Just a second. Senator 1149 Geo-Karis.

SENATOR GEO-KARIS

Senator Palmer, I believe the Governor did this to comply with 1153 the federal Act. There was a federal Act called the Metzenbaum 1155 Howard W. Metzenbaum Multiethnic Placement Act of 1994, which was 1156 signed into law by President Clinton on October 20th, 1994. And I 1157 think that was his reason for making that change, to comply with 1158 that Act.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Trotter. 1160 1162

SENATOR TROTTER

Thank you very much, Madam President. Will the sponsor yield 1166 for one question, please?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she'll yield, Senator Trotter.

SENATOR TROTTER

1167 1169 1171 Yes. DCFS has, in the past, always used that as -- as its 1173 thrust in unification of the families, in bringing the families 1175 back together. They've also deleted in this -- in this current 1177 form that provision that would have emphasized bringing the family 1178 reunification. Is there a rationale behind that?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis.

SENATOR GEO-KARIS

1179 1181 1183 This would not prevent families being brought in together. 1187 This bill does not prevent that.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter. 1188 1190 1192

SENATOR TROTTER

...not preventing it, but there's not an emphasis on trying to 1196 assure that that is done first, assuming, of course, that families 1197 25 63rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT November 3, 1995 work better together versus an outside party coming in; whereas, 1198 the original language of the bill did have that provision in it, 1199 again, assuring that we -- we did get that "family first" 1200 initiative. PRESIDING OFFICER: (SENATOR DONAHUE) 1202 Senator Geo-Karis. 1204 SENATOR GEO-KARIS: 1206 For the record, I would say that the reason it was done this 1208 way is to prevent lack -- lack -- a lot of waste of time in an 1209 adoption. And you can bring in a family, you might say, but let 1210 them prove themselves. Suppose it's an incestuous family. I 1211 mean, there's things to consider if we're going to look at the 1212 best interests of the child for adoption. And I think the 1213 Governor's amendatory veto was correct. PRESIDING OFFICER: (SENATOR DONAHUE) 1215 Further discussion? Senator Trotter. 1217 SENATOR TROTTER: 1219 Well, which was -- which did bring sort of some -- a little 1221 concern as far as some Members of this side, because they did take 1222 away the -- the waiting period time in which there could have been 1223 a longer opportunity in which these investigations could have been 1224 held. So what's happening, this -- this bill which -- when it was 1226 initially brought forth during the spring Session was good bill, but I think it's seriously flawed at this particular time. 1227 PRESIDING OFFICER: (SENATOR DONAHUE) 1229 Is there further discussion? Further discussion? Senator 1231 Geo-Karis, to close. 1232 SENATOR GEO-KARIS: 1234 Madam President and Ladies and Gentlemen of the Senate, this 1236 is a bill about multiracial adoptions and a bill to expedite 1237 adoptions. And you and I all know that with all the pressure of 1238 the Baby Richard case and the Baby Jane case, people are going to 1239 26 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 be far more careful in their checks - background checks - on 1240 adoptions. And -- and the bill is destined to hasten adoptions, rather than let the children be out on a limb. And I ask for 1241 favorable consideration of this amendatory veto. 1242 PRESIDING OFFICER: (SENATOR DONAHUE) 1244 The question is, shall the Senate accept the specific 1246 recommendations of the Governor as to House Bill 1221, in the 1247 manner and form just stated by Senator Geo-Karis. Those in favor 1249 will vote Aye. Opposed, Nay. The voting is open. Have all voted 1250 who wish? Have all voted who wish? Have all voted who wish? Have all voted 1251 who wish? Take the record. On that question, 1252 there are 42 Ayes, 5 Nays, 8 voting Present. The specific 1253 recommendations of the Governor as to House Bill 1221, having 1255 received the required constitutional majority vote of the Senators 1257 elected, are declared accepted. Senator Clayborne, for what 1258 purpose do you seek recognition? 1260

SENATOR CLAYBORNE

To clarify for the record on House Bill 1106, I -- the record 1262 shows that I voted a No. I intended to vote Yes on that. 1264 PRESIDING OFFICER: (SENATOR DONAHUE) 1266 The record will so reflect. House Bill 1498. Senator 1268 Geo-Karis. Madam Secretary, read the motion. 1270 ACTING SECRETARY HAWKER: 1272 I move to accept the specific recommendations of the Governor 1274 as to House Bill 1498, in manner and form as follows: 1276 Amendment to House Bill 1498 1278 in Acceptance of Governor's Recommendations 1279 Filed by Senator Geo-Karis. 1281 PRESIDING OFFICER: (SENATOR DONAHUE) 1283 Senator Geo-Karis. 1285 SENATOR GEO-KARIS: 1287 Madam President and Ladies and -- Ladies and Gentlemen of the 1289 27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 Senate, the Governor had amendatorily vetoed this bill due to 1290 concerns raised by the Mayor of the City of Chicago with changes 1291 made to the Municipal Code with regard to O'Hare Airport 1292 purchases, and financial interest disclosures of those bidding on 1293 municipal contracts and, three, provisions which require 1294 forfeiture of office of officials who knowingly and intentionally 1295 let a contract in violation of the Code's competitive bidding 1296 requirements. The Mayor felt that this would be -- affect and 1297 interfere with the home rule powers of the municipality. And I 1298 ask for a favorable vote. PRESIDING OFFICER: (SENATOR DONAHUE) 1300 Senator Geo-Karis has moved to accept the specific 1302 recommendations of the Governor as to House Bill 1498. Is there 1303 any discussion? Senator Cullerton. SENATOR CULLERTON: 1305 Yes. Would the sponsor yield? 1307 PRESIDING OFFICER: (SENATOR DONAHUE) 1309 Indicates she'll yield, Senator Cullerton. 1311 SENATOR CULLERTON: 1313 Senator, this bill deals with - not the amendatory veto so 1315 much as the original bill - deals with a ban on the acceptance of 1317 honorarium by Members of the General Assembly. Is that correct? 1318 PRESIDING OFFICER: (SENATOR DONAHUE) 1320 Senator Geo-Karis. 1322 SENATOR GEO-KARIS: 1324 Originally, yes. 1326 PRESIDING OFFICER: (SENATOR DONAHUE) 1328 Senator Cullerton. 1330 SENATOR CULLERTON: 1332 Well, if it's still in the bill, and I think it is, I wonder 1334 if you could clarify something for me. There's a definition of 1335 honorarium which -- which means the payment of money to a Member 1336 28 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 of the General Assembly for an appearance or speech, and then it 1337 excludes travel expenses. I'm wondering if this is -- if your 1338 legislative intent, if you will, is -- is such that it's meant to 1339 cover speeches that we might give in our capacity as Members of the General Assembly, as opposed to, say, an insurance agent who 1340 might be asked to give a speech to a convention of insurance 1341 agents and wherein he or she receives a -- a fee? Or in my case, 1342 I'm sometimes asked to give speeches which are more like comedy 1343 routines than they are speeches on matters of -- involving the 1344 Members of the General Assembly. And sometimes I am afforded an 1346 honorarium, and I'm just wondering whether or not this is something which is covered by this legislation or -- or not. 1347 Because if you look at the definition, it just says for an 1348 appearance or speech. PRESIDING OFFICER: (SENATOR DONAHUE) 1350 Senator Geo-Karis. 1352 SENATOR GEO-KARIS: 1354 I hardly think that speeches for comedy routines would be 1356 covered by the absence of honorariums. That's not an honorarium; 1357 that's payment for your good services and as a good comedy 1358 interpreter. As far as the -- it goes, travel expenses and hotel 1359 expenses are given to a speaker, to a -- to a legislator if he or 1360 she appears before any lobby groups and so forth, but they cannot 1361 be paid an honorarium. PRESIDING OFFICER: (SENATOR DONAHUE) 1363 Senator Cullerton. 1365 SENATOR CULLERTON: 1367 Well, you know, I just -- I just gave a speech the other day 1369 and the lady in charge offered me an honorarium, and then she said 1370 -- she said, "Senator, here's your honorarium, but I'm wondering 1372 if you wouldn't mind donating this honorarium to our charity." 1373 And I said, "Sure. I donate to charity all the time. But just 1374 29 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 out of curiosity, what is your charity?" She said, "Well, we're 1375 trying to raise some money so that next year we can get a better speaker." 1376 PRESIDING OFFICER: (SENATOR DONAHUE) 1378 Further discussion? Senator Geo-Karis, to close. 1380 SENATOR GEO-KARIS: 1382 Sometimes all of these discussions are comedy routines, even 1384 here. I ask for a favorable vote on this bill. 1385 PRESIDING OFFICER: (SENATOR DONAHUE) 1387 The question is, shall the Senate accept the specific 1389 recommendations of the Governor as to House Bill 1498, in the 1390 manner and form just stated by Senator Geo-Karis. Those in favor 1391 will vote Aye. Opposed, Nay. The voting is open. Have all voted 1392 who wish? Have all voted who wish? Have all voted who wish? 1393 Have all voted who wish? Take the record. On that question, 1394 there are 52 Ayes, no Nays, 6 voting Present. The specific 1395 recommendations of the Governor as to House Bill 1498, having 1396 received the required constitutional majority vote of the Senators 1397 elected, are declared accepted. Senator Sieben, on House Bill 1397 1693? Madam Secretary, read the motion. 1399 ACTING SECRETARY HAWKER: 1401 I move to accept the specific recommendations of the Governor 1403 as to House Bill 1693, in manner and form as follows: 1405 Amendment to House Bill 1693 1406 in Acceptance of Governor's Recommendations 1408 Offered by Senator Sieben. 1410 PRESIDING OFFICER: (SENATOR DONAHUE) 1412 Senator Sieben. 1414 SENATOR SIEBEN: 1416 Thank you, Madam President. The Governor merely changed the 1417 word from "shall" to "may" in this program, making it 1418 discretionary rather than mandatory. I know of no opposition and 1418 30 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 I'd ask for an Aye vote. PRESIDING OFFICER: (SENATOR DONAHUE) 1420 Senator Sieben has moved to accept the specific 1422 recommendations of the Governor as to House Bill 1693. Is there 1423 any discussion? Any discussion? Any discussion? Seeing none, 1424 the question is, shall the Senate accept the specific 1425 recommendations of the Governor as to House Bill 1693, in the 1426 manner and form just stated by Senator Sieben. Those in favor 1428 will vote Aye. Opposed, Nay. The voting is open. Have all voted 1429 who wish? Have all voted who wish? Have all voted who wish? 1430 Take the record. On that question, there are 58 Ayes, no Nays, 1431 none voting Present. The specific recommendations of the Governor 1432 as to House Bill 1693, having received the required constitutional majority vote of the Senators elected, are declared accepted. 1433 Senator Weaver, on House Bill 1696? Read the motion, Madam 1434 Secretary. ACTING SECRETARY HAWKER: 1436 I move to accept the specific recommendations of the Governor 1438 as to House Bill 1696, in manner and form as follows: Amendment to House Bill 1696 1440 in Acceptance of Governor's Recommendations 1442 Offered by Senator Weaver. 1443 PRESIDING OFFICER: (SENATOR DONAHUE) 1445 Senator Weaver. 1447 SENATOR WEAVER: 1449 Thank you, Madam President. As this bill went to the 1451 Governor, it allowed the Secretary of State to issue plates for 1453 any private or public college or university located in the State. 1454 The Governor recommends that the -- those private colleges or 1455 universities eligible for the program be limited to 1456 degree-granting, not-for-profit private colleges or universities 1457 in order to eliminate schools which are only temporary or 1459 31 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 privately operated businesses. The Governor also added language 1461 to clarify that any money distributed is for the sole purpose of 1462 scholarships. And lastly, the changes are made to provide that the Secretary of State has the authority to determine the 1463 eligibility of participation in collegiate license plate programs, 1464 including setting the minimum amount of requests required to 1465 approve the creation of the plate. I'd move for its adoption. 1466 PRESIDING OFFICER: (SENATOR DONAHUE) 1468 Senator Weaver has moved to accept the specific 1470 recommendations of the Governor as to House Bill 1696. Is there 1472 any discussion? Any discussion? Any discussion? Seeing none, 1473 the question is, shall the Senate accept the specific 1474 recommendations of the Governor as to House Bill 1696, in the 1475 manner and form just stated by Senator Weaver. Those in favor 1477 will vote Aye. Opposed, Nay. The voting is open. Have all voted 1478 who wish? Have all voted who wish? Have all voted who wish? 1479 Take the record. On that question, there are 56 Ayes, no Nays, 1480 none voting Present. The specific recommendations of the Governor 1481 as to House Bill 1696, having received the required constitutional 1483 majority vote of the Senators elected, are declared accepted. 1485 Senator Walsh, on 2070? Madam Secretary, read the motion. 1486 ACTING SECRETARY HAWKER: 1488 I move to accept the specific recommendations of the Governor 1490 as to House Bill 2070, in manner and form as follows: 1492 Amendment to House Bill 2070 1494 in Acceptance of the Governor's Recommendations 1495 Offered by Senator Walsh. 1497 PRESIDING OFFICER: (SENATOR DONAHUE) 1499 Senator Walsh. 1501 SENATOR WALSH: 1503 Thank you, Madam President. The Governor asked for two 1505 changes to House Bill 2770 <sic> (2070). First of all, he wants 1506 32 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 to clarify that those persons aging out of special education are 1508 eligible for home-based support services, subject to the availability of funds. And secondly, the -- the Governor 1509 recommends deleting the provision of House Bill 2070 which 1510 provides for the termination of the program if the court 1512 determines that the program is an entitlement. And I'd ask for a favorable vote. I know of no opposition. 1513 1515

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Walsh has moved to accept the specific recommendations of the Governor as to House Bill 2070. Is there any discussion? 1517 1519 Senator Smith.

SENATOR SMITH

1521 Thank you, Madam President. I merely stand to encourage the 1523 Members on this side to support this amendatory veto. Thank you. 1524

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1526 Thank you, Senator Smith. Is there any further discussion. 1528 Any further discussion? Senator Walsh, to close. The question 1530 is, shall the Senate accept the specific recommendations of the Governor as to House Bill 2070, in the manner and form just stated 1531 by Senator Walsh. Those in favor will vote Aye. Opposed, Nay. 1533 The voting is open. Have all voted who wish? Have all voted who 1534 wish? Have all voted who wish? Take the record. On that 1535 question, there are 58 Ayes, no Nays, none voting Present. The 1537 specific recommendations of the Governor as to House Bill 2070, 1538 having received the required constitutional majority vote of the 1539 Senators elected, are declared accepted. Senator Sieben, on House Bill 2141? Read the motion, Madam Secretary. 1542

ACTING SECRETARY HAWKER

1544 I move to accept the specific recommendations of the Governor 1546 as to House Bill 2141, in manner and form as follows: 1548 Amendment to House Bill 2141 1550 in Acceptance of Governor's Recommendations 1551 33 63rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT Offered by Senator Sieben.

PRESIDING OFFICER

Senator Sieben.

SENATOR SIEBEN

(SENATOR DONAHUE) November 3, 1995 1553 1555 1557 1559 Thank you, Madam President. The Governor made a couple of 1561 changes in this legislation. The first one of significance was 1562 the removal of the provision that would have required a an 1563 individual or an entity to refund tax incentives that they had 1564 received for locating in an area. And he removed that totally. 1565 That was the same provisions that Senator Dunn had in his Senate Bill 203 that he took out of the record yesterday after the 1567 Governor had vetoed that. And then the other change that the 1568 Governor made -- that the Governor made relating to tax-exempt 1569 property of historical districts, he expanded that to also include those properties that would be in more than one county. I know of 1570 no opposition and I would move for the acceptance of the 1571 amendatory veto.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1573 Senator Sieben has moved to accept the specific 1576 recommendations of the Governor as to House Bill 2141. Is there 1578 any discussion? Senator Palmer.

SENATOR PALMER

1580 Thank you, Madam President. A question of the sponsor. 1582

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1584 Indicates he'll yield, Senator Palmer. 1586

SENATOR PALMER

1588 Senator Sieben, you said there is no opposition to this bill, 1590 and yet it has removed the Section that would require a business 1591 to repay any tax benefits if it relocates outside the taxing 1592 district. Could you -- I -- the Municipal League and others who 1593 towns and villages that would benefit from getting their tax 1594 dollars back are not opposed to removing this Section? 34 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day

PRESIDING OFFICER

Senator Sieben. (SENATOR DONAHUE)

SENATOR SIEBEN

November 3, 1995 1596 1598 1600 Thank you. Senator Palmer, we have heard from no one 1602 objecting to the removal of this Section. We have heard, however, 1604 from businesses such as Deere & Company, who would be 1605 significantly impacted if these provisions were taking effect. 1606 And I know they've discussed this with Senator Dunn, and that was the reason that we've -- we've taken this provision out of this 1608 bill as well.

PRESIDING OFFICER

(SENATOR DONAHUE) Further discussion? Senator Thomas Dunn.

SENATOR DUNN

1610 1612 1614 Thank you, Madam President. To address Senator Palmer's 1616 question: Senator Sieben is exactly correct. I had a bill, 1618 entitled Senate Bill 703, which did exactly that. And as a 1620 safeguard, I also put it in this bill. And I have agreed with Deere & Company and the Taxpayers' Federation and Dave Vite and 1621 one or two other people to come back with a bill that will do, in 1622 principle, exactly what 703 and what this provision, that was 1623 amendatorily vetoed out, would do. So I expect to have a bill in 1625 the spring that will be a meaningful bill to accomplish the same end.

PRESIDING OFFICER

(SENATOR DONAHUE) 1627 Is there any further discussion? Further discussion? Seeing 1629 none, Senator Sieben, to close. The question is, shall the Senate 1631 accept the specific recommendations of the Governor as to House 1632 Bill 2141, in the manner and form just stated by Senator Sieben. 1633 Those in favor will vote Aye. Opposed, Nay. The voting is open. 1634 Have all voted who wish? Have all voted who wish? Have all voted 1636 who wish? Take the record. On that question, there are 58 Ayes, 1637 no Nays, none voting Present. The specific recommendations of the 1638 35 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 Governor as to House Bill 2141, having received the required 1640 constitutional majority of vote of the Senators elected, are 1641 declared accepted. ...will now return to your regular Calendar. On the bottom of page 4, under Motions in Writing to Accept 1643 Specific Recommendations for Change, is Senate Bill 46. Madam 1644 Secretary, will you read the motion, please.

ACTING SECRETARY HAWKER

1646 1648 I move to accept the specific recommendations of the Governor 1650 as to Senate Bill 46, in manner and form as follows: Amendment to Senate Bill 46 in Acceptance of the Governor's Recommendations Offered by Senator Mahar.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Before we continue, WGEM-TV out of Quincy requests permission. Is -- is the request granted? Request is granted. Okay. Senator 1662 Mahar, on Senate Bill 46.

SENATOR MAHAR

1652 1654 1655 1657 1659 1661 1664 Thank you, Madam President. Senate Bill 46 is the Brownfields 1666 legislation which we adopted in the spring Session. And for all 1668 of my colleagues in this Chamber who stood in strong opposition to 1669 this bill because of the issue of proportionate share, you have 1670 found an ally on the Second Floor, and that particular element has 1671 been vetoed out of the bill. The rest of the bill, which we think 1672 is important, which establishes the tiered, risk-based approach to 1673 determining the appropriate level of cleanup, remains. So I would 1674 move that we accept the Governor's specific recommendations for change.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1676 Senator Mahar has moved to accept the specific recommendations 1678 of the Governor as to Senate Bill 46. Is there any discussion? 1680 Senator Berman.

SENATOR BERMAN

1682 36 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day I a question of the sponsor.

PRESIDING OFFICER

(SENATOR DONAHUE) Indicates he'll yield, Senator Berman.

SENATOR BERMAN

November 3, 1995 1684 1686 1688 1690 With the Governor's amendatory veto, am I correct in stating 1692 that the prior law, which was a joint and several liability, is 1693 reinstated? Which means that if I can be shown -- if it can be 1694 shown that I contributed any level of contamination to this 1695 particular site, regardless of everybody else who contributed, who 1696 may be broke, and I'm the only one that has money, I could be held 1697 responsible for the whole cost, even though my, quote, "contribution" to the bad environmentally polluted site was only 1698 ten percent. Is that what this amendatory veto does? 1699

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1701 Senator Mahar. 1703

SENATOR MAHAR

1705 Unfortunately, it does that. 1707

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1709 Is there further discussion? Oh! Senator Berman. 1711

SENATOR BERMAN

1713 I would urge that we support the Governor's amendatory veto. 1715 It's better -- I didn't like the bill when it passed, but I think 1716 that the amendatory veto helps us in the concerns regarding the 1717 environmental impact of these polluters. So I think a half a loaf 1718 is better than none, and we're offered a half a loaf under this 1719 situation. 1721

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Senator Welch. 1723

SENATOR WELCH

1725 I have a question of the sponsor. 1727

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1729 Indicates he'll yield, Senator Welch. 1731 37 63rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT November 3, 1995

SENATOR WELCH

Senator Mahar, how will you determine proportionate share if 1735 you find a landfill that's contaminated and the people started 1736 dumping in that landfill back in 1960? 1733 1737 1739

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar. 1741

SENATOR MAHAR

1743 The issue of proportionate share has been totally removed from this bill, and that issue will -- as you describe it, will be handled the same way it has been handled. 1745 1746 1747

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1749 Senator Welch. 1751

SENATOR WELCH

1753 No. Okay. 1755

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1757 All right?

SENATOR WELCH

Good. 1759 1761 1763 1765

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Okay? Further discussion? Further discussion? Seeing none, 1767 Senator Mahar, to close. Senator Mahar has moved to accept the 1769 specific recommendations of the Governor as to House Bill Senate 46. The question is, shall the Senate accept the specific 1771 recommendations of the Governor as to Senate Bill 46. Those in 1772 favor will vote Aye. Opposed, Nay. The voting is open. Have all 1774 voted who wish? Have all voted who wish? Have all voted who 1775 wish? Take the record. On that question, there are 55 Ayes, 3 1776 Nays, none voting Present. The specific recommendations of the Governor as to Senate Bill 46, having received the required 1777 constitutional majority vote of the Senators elected, are declared 1779 accepted. ...will now proceed to Supplemental Calendar No. 2, 1780 Secretary's Desk, Resolutions. Senate Joint Resolution 59, 1781 38 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 offered by Senator Cronin. Read the resolution, Madam Secretary.

ACTING SECRETARY HAWKER

Senate Joint Resolution 59. There are no committee amendments.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.

SENATOR CRONIN

1783 1785 1787 1789 1791 1793 Thank you, Madam Speaker. Senate Joint Resolution 59 is a 1795 shell. We have been negotiating and discussing and debating the 1796 issue of mandate waivers for a number of weeks now. And we have 1797 made some progress and we will continue to negotiate in good faith 1798 with the Minority Party and with our colleagues from the House, 1800 and I'm confident we will be able to resolve this issue very soon. So, I ask for your favorable support to move the process along.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1802 1804 Is there any discussion? Any discussion? Senator Berman.

SENATOR BERMAN

1806 1808 Thank you, Madam President. Ladies and Gentlemen of the 1810 Senate, I had thought as of yesterday that we had had some 1811 specifics that would have met most of the desires of most of the 1812 Members on this Floor. I was advised this morning that that 1813 tentative agreement was withdrawn. I have filed an amendment that 1814 includes what the Chairman and I talked about yesterday. And I 1815 have suggested and I'm -- I'm stating this publicly because I 1816 think it's important for each of us to understand the very, very 1817 serious problem that this issue presents to us. And I compliment 1818 the Chairman for at least obtaining the consent to move this -- 1819 the -- the shell resolutions forward. And it's my intention to 1820 vote Yes on the shell resolutions. But I will tell you that I am 1820 disturbed that there wasn't included in at least one of these 1821 shells some specifics. And the specifics that I'm talking about 1822 would have been a disallowance of the two school districts that 1823 39 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 want to reinstate corporal punishment and the five school districts that want to be relieved of any accreditability 1824 accountability requirements under the State law at all, and those 1825 and to two school districts that want to put children into 1826 schools without having sprinkler systems, which is presently 1827 required by State law. Now those are three subjects that if -- if 1828 I were the Chair and I were the sponsor, those three elements 1829 would be in these resolutions. Now, for reasons that are not 1830 available to me, these three items are not in these resolutions. 1831 I want the record to be clear that it's my impression that I and 1832 virtually all, if not all, of the Members on this side of the 1833 aisle would have supported these resolutions to disallow the 1834 waivers dealing with sprinkler systems, accountability and 1835 corporal punishment. Now, I hope that the House does at least 1836 those three and sends it back to us on November 14, 15 and 16, 1837 because I think it would be outrageous -- outrageous -- to allow 1838 those waivers under those three categories to take effect. But 1839 I'm going to support Senator Cronin's shell resolutions, and 1840 hopefully that he and I can convince the House that at least those 1841 three categories and perhaps more should be included. But I am 1842 very upset with the lack of preparation, the lack of head 1843 counting, the lack of a substantive resolution, addressing at 1844 least those three categories. And I hope that the Majority Party 1845 and the Chairman of this committee and this side can work towards 1846 clarifying in January a bill that will allow us to do what we 1847 ought to do come the May deadline in 1996. So I'm going to 1848 support it. It's only a shell; it ought to be substantive. But 1849 -- and I guess one of my colleagues has asked whether, when it 1850 comes back from the House -- hopefully it comes back from the House 1851 -- will we see it in committee. I'll defer to the Chairman to 40 answer in his closing remarks. But this is what I was worried 1850 about in the spring and here we are with only shells, and I hope 1851 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 the House acts responsibly. Thank you, Madam President. 1852

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1854 Senator Cronin. 1856

SENATOR CRONIN

1858 Thank you, Madam Speaker. And in response to my colleague: 1860 Senator Berman, by moving this shell does not mean, or does not 1862 indicate, that those issues - namely the sprinklers, the 1863 accountability, corporal punishment and a number of others - will 1864 not be part of the ultimate resolution. We have negotiated in good faith. I think by the virtue of the fact that we are making 1865 such a diligent effort to talk to all Members, to get input from 1866 so many different interests, that -- that this process is taking a 1867 little bit longer than originally anticipated. This is the first 1868 time we've gone through this waiver process. It's not an easy 1869 issue to resolve. We're trying to strike the right balance 1870 between local control and State direction or leadership. So, we will continue to negotiate in good faith with the Minority Party 1871 and our colleagues in the House, and I'm confident that you will 1872 have a resolution at the end that will include some of these 1874 proposals and, hopefully, you will be able to support it. Whether 1875 or not we debate it in committee, I can assure you that we will 1876 comply with the Senate Rules. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1878 Further discussion? Senator Palmer. 1880

SENATOR PALMER

1882 Thank you, Madam President. A question of the sponsor.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1884 1886 Indicates he'll yield, Senator Palmer. 1888

SENATOR PALMER

Senator Cronin, I know this must be very difficult and I can 1890 1892 appreciate that, trying to negotiate between local and State 1893 matters. But I've started getting a lot of calls on this, and 1895 41 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 just as Senator Berman has said, I'm very concerned about those 1896 three. But I'm also asking you, as a matter of record: Do you have a procedure in mind, so that should we vote Yes on this we 1897 can know how we can participate in that debate and whether or not 1898 as we receive calls, we can add them to this list that I have of 1899 concerns -- areas of concern? Is there a procedure, in other 1900 words?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.

SENATOR CRONIN

1902 1904 1906 Well, as you know, Senator, any Member of this Body is capable 1908 of -- of filing a resolution to take up an issue that they may 1911 feel is near and dear to them. If there is a request for a waiver 1912 before the State Board that's been brought to your attention that 1913 you find troubling, you're well within your right to file a resolution and try to advance it through the process, like any 1914 other bill. What we are attempting to do here is to put all of 1915 those considerations through the Senate Education Committee. 1916 We've had lengthy hearings the last two days and -- to put one -- 1917 a resolution together that -- that is supported by the Majority 1918 Members of that committee, and I am asking for the Minority 1919 Members to join in that majority. So that's the only way I know 1920 how to answer your question. 1922 1924 1926

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Palmer.

SENATOR PALMER

Thank you, Madam President. Thank you, Senator Cronin. But 1928 it's my understanding that -- and correct me if I'm wrong -- that 1931 these resolutions that have been filed are still in the Rules Committee. So that's why I'm asking about what the procedure is. 1932 You said we could file them. Well, they have been filed by 1933 Members on both sides of the aisle. So, what is the procedure for 1934 42 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 engaging in this debate if they are held in Rules and if this is a 1935 vehicle and there's nothing specific about next steps? 1936

PRESIDING OFFICER

(SENATOR DONAHUE) 1938 Senator Cronin. 1940

SENATOR CRONIN

1942 Like a bill that may be before the Rules Committee, you would 1944 have to bring your -- you know, make your argument to the Rules 1945 Committee. You may try to amend the resolution that's -- that -- 1946 that may be advancing through the process. You know the rules. 1947

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 1949 Further discussion? Senator Demuzio. 1951

SENATOR DEMUZIO

1953 This is -- thank you, Madam President. I know this is a 1955 confusing issue, and we're dealing with a resolution that doesn't 1956 do anything. I -- I'm willing to go along with the notion that 1957 has been expressed by Senator Berman on this side, but I don't 1959 want my vote to be interpreted that somehow or other I favor any of these waivers. And I'm also told that we would have enough 1960 time during the period when which we come back to further resolve 1961 this if it's necessary, depending upon what action that the House 1962 takes.

PRESIDING OFFICER

(SENATOR DONAHUE) 1964 Is there any further discussion? Further discussion? Seeing 1966 none, Senator Cronin, to close. 1967

SENATOR CRONIN

1969 I ask for your favorable consideration. 1971

PRESIDING OFFICER

(SENATOR DONAHUE) 1973 Senator Cronin moves the adoption of Senate Joint Resolution 1975 59. Those in favor, say Aye. Opposed, Nay. The Ayes have it, 1977 and the resolution is adopted. Consent Calendar. We will now 1978 proceed to the Order of Resolutions of Consent Calendar. With 1979 leave of the Body, all those that are read in today will be added 1980 43 63rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolutions?

Harry (surname or first name uncertain)

November 3, 1995 1981 1983 1985 1987 No objections have been filed, Madam President.

PRESIDING OFFICER

(SENATOR DONAHUE) Is there any discussion? If not, the question is, shall the 1989 resolutions on the Consent Calendar be adopted. All those in 1990 favor, say Aye. Opposed, Nay. The Ayes have it, and the motion 1991 carries and the resolutions are adopted. Resolutions. 1992 SECRETARY HARRY: 1994 Senate Joint Resolution 68, offered by Senator Weaver. 1996 (Secretary reads SJR No. 68) 1998 PRESIDING OFFICER: (SENATOR DONAHUE) 2000 Senator Weaver moves to suspend the rules for the purpose and 2002 immediate consideration and adoption of Senate Joint Resolution 2003 68. Those in favor will say Aye. Opposed, Nay. The Ayes have 2005 it, and the rules are suspended. Senator Weaver now moves the 2006 adoption of Senate Joint Resolution 68. Those in favor, say Aye. 2007 Opposed, Nay. The Ayes have it, and the resolution is adopted. 2009 ...could have your attention of the Membership for just a moment, 2010 please. We have, in essence, concluded our business for today. 2011 We will not adjourn upon our final order of business SO we can 2012 keep the Office or the Well opened to accept messages, but there 2013 will be no further business. And I would like to ask all Members 2014 to be in their seat to consider a resolution. Messages from the House. SECRETARY HARRY: 2016 Message from the House by Mr. McLennand, Clerk. 2018 Mr. President - I am directed to inform the Senate that 2020 the House of Representatives has adopted the following joint 2021 resolution, in the adoption of which I am instructed to ask the 2022 concurrence of the Senate, to wit: 44 63rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT November 3, 1995 House Joint Resolution 63. 2024 (Secretary reads HJR No. 63) 2025 Adopted by the House, November 3rd, 1995.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 2027 2029 Senator Klemm.

SENATOR KLEMM

2031 2033 Well, thank you, Madam President. I move to suspend Senate 2035 Rule 3-6(a), which restricts the consideration of resolutions. 2036

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 2038 Senator Klemm has moved to suspend Rule 3-6(a). All those in 2040 favor, say Aye. Opposed, Nay. The Ayes have it, and the rules are 2041 suspended. Senator Klemm.

SENATOR KLEMM

2043 I'd like to now move to suspend the rules for the immediate 2045 consideration and adoption of House Joint Resolution 63.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 2046 2048 Senator Klemm has moved to suspend the rules for the purpose 2050 of the immediate consideration and adoption of House Joint 2051 Resolution 63. Those in favor will say Aye. Opposed, Nay. The 2052 Ayes have it, and the rules are suspended. Senator Klemm.

SENATOR KLEMM

2053 2055 Thank you, Madam President. I now move to adopt House Joint 2057 Resolution 63. And it's difficult, really, to stand here and add 2058 really much more than what's been said. We've had seven young 2059 people that lost their lives so early. We want to pay tribute to 2060 all those that have helped in this trying time and extend our 2061 sympathies to the families. Hope this will never happen again. Pay tribute to them and put a marker that the young people in the 2062 schools have SO indicated is important. And I ask for your 2063 adoption. Thank you.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 2065 Senator Klemm moves the adoption of House Joint Resolution 63. 2067 45 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 All those that are in favor of this resolution, please rise. 2069 Resolution is adopted. Messages from the House. 2070

Harry (surname or first name uncertain)

2072 A Message from the House by Mr. McLennand, Clerk. 2074 Mr. President I am directed to inform the Senate that 2076 the House of Representatives has adopted the following joint 2077 resolution, in the adoption of which I am instructed to ask the 2078 concurrence of the Senate, to wit: House Joint Resolution 26. 2080 Adopted by the House, November 2nd, 1995. It is substantive. 2082 Message from the House by Mr. McLennand, Clerk. 2084 Mr. President I am directed to inform the Senate that 2086 the House of Representatives has passed a bill of the following 2087 title, the Governor's specific recommendations for change 2088 notwithstanding, in the passage of which I am instructed to ask 2089 the concurrence of the Senate, to wit: House Bill 1149. 2091 Passed the House, November 3rd, 1995, by a three-fifths vote. 2093 Message from the House by Mr. McLennand, Clerk. 2095 Mr. President I am directed to inform the Senate that 2097 the House of Representatives has passed a bill of the following 2098 title, the veto of the Governor notwithstanding, in the passage of 2099 which I am instructed to ask the concurrence of the Senate, to 2100 wit: House Bill 1810. 2102 Passed the House, November 3rd, 1995, by a three-fifths vote. 2104

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) 2106 Introduction of Bills. 2108

Harry (surname or first name uncertain)

2110 Senate Bill 1238, offered by Senator Madigan. 2112 (Secretary reads title of bill) 2114 1st Reading of the bills. 2116 46 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995

PRESIDING OFFICER

(SENATOR DONAHUE) 2118 Mr. Secretary, have there been any motions filed? 2120

Harry (surname or first name uncertain)

2122 Yes, Madam President. Senator Hawkinson has filed a motion 2124 with respect to House Bill 1149 and Senator Peterson has filed a 2126 motion with respect to House Bill 1810. 2127

PRESIDING OFFICER

(SENATOR DONAHUE) 2129 Mr. Secretary, the Chair requests that these motions be 2131 printed on the Calendar. So ordered. Senate will stand at ease 2132 pending further perfunctory business. Senate is at ease. 2133 (SENATE STANDS AT EASE) 2136 (SENATE RECONVENES) 2138

Harry (surname or first name uncertain)

2141 ...will convene in perfunctory Session. On the Order of 2143 Messages: A Message for the Governor by Deno Perdiou, Director of 2145 Legislative Affairs. 2146 Mr. President - The Governor directs me to lay before the 2148 Senate the following Message: 2149 To the Honorable Members of the Senate, 89th General 2151 Assembly - I have nominated and appointed the following named 2152 persons to the offices enumerated below and respectfully ask 2153 concurrence in and confirmation of these appointments of your 2154 honorable Body. A Message for the Governor by Deno Perdiou, Director of 2156 Legislative Affairs. 2157 Mr. President - The Governor directs me to lay before the 2159 47 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day November 3, 1995 Senate the following Message: 2160 To the Honorable Members of the Senate, 89th General 2162 Assembly - I have nominated and appointed the following named 2163 persons to the offices enumerated below and respectfully ask 2164 concurrence in and confirmation of these appointments of your 2165 honorable Body. Both Messages filed November 3rd, 1995. 2167 There being no further business to come before the Senate, 2169 pursuant to the adjournment resolution, the Senate will stand 2170 adjourned until Tuesday, November 14th at the hour of noon. 2171 48 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY SENATE DAILY TRANSCRIPTION OF DEBATE INDEX NOVEMBER 03, 1995 96/09/11 16:18:36 HB-0115 SECOND READING PAGE 10 HB-0660 VETO ACTION PAGE 11 HB-0679 VETO ACTION PAGE 12 HB-0820 RECALLED PAGE 5 HB-0854 SECOND READING PAGE 10 HB-1002 VETO ACTION PAGE 13 HB-1070 VETO ACTION PAGE 19 HB-1070 OUT OF RECORD PAGE 21 HB-1106 VETO ACTION PAGE 21 HB-1106 OTHER PAGE 27 HB-1149 MOTION FILED PAGE 47 HB-1202 VETO ACTION PAGE 22 HB-1202 OUT OF RECORD PAGE 22 HB-1221 VETO ACTION PAGE 22 HB-1461 RECALLED PAGE 6 HB-1498 VETO ACTION PAGE 27 HB-1653 REFUSE TO RECEDE PAGE 3 HB-1693 VETO ACTION PAGE 30 HB-1696 VETO ACTION PAGE 31 HB-1810 MOTION FILED PAGE 47 HB-2070 VETO ACTION PAGE 32 HB-2141 VETO ACTION PAGE 33 SB-0046 VETO ACTION PAGE 36 SB-1236 FIRST READING PAGE 4 SB-1237 FIRST READING PAGE 4 SB-1238 FIRST READING PAGE 46 SR-0118 RESOLUTION OFFERED PAGE 2 HJR-0026 RESOLUTION OFFERED PAGE 46 HJR-0043 RESOLUTION OFFERED PAGE 2 HJR-0063 ADOPTED PAGE 45 HJR-0063 RESOLUTION OFFERED PAGE 45 SJR-0059 ADOPTED PAGE 38 SJR-0068 ADOPTED PAGE 44 SJR-0068 RESOLUTION OFFERED PAGE 44 SUBJECT MATTER SENATE TO ORDER-SENATOR DUDYCZ PAGE 1 PRAYER-PASTOR ROGER RUHMAN PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOURNALS-POSTPONED PAGE 1 COMMITTEE REPORTS PAGE 1 MESSAGES FROM THE HOUSE PAGE 2 SENATE STANDS AT EASE PAGE 3 SENATE RECONVENES PAGE 3 COMMITTEE REPORTS PAGE 4 RESOLUTIONS CONSENT CALENDAR-ADOPTED PAGE 43 MESSAGE FROM THE HOUSE PAGE 44 MESSAGES FROM THE HOUSE PAGE 46 SENATE STANDS AT EASE PAGE 47 SENATE RECONVENES PAGE 47 MESSAGES FOR THE GOVERNOR PAGE 47 ADJOURNMENT PAGE 48