The regular Session of the 89th General Assembly will please come to order. Will the Members please be at their desks: and wi1l our guests in the galleries please rise. 0ur prayer today will be given by Reverend Gerry Comskock, Unity Church, Springfield, Illinois. Reverend Comstock.
(Prayer by the Reverend Gerry Comstock)
... tnachine cutoffl...sieben will lead us in the Pledge of Allegiance. Senator Sleben.
(Pledge of Allegiance, led by Senator Sieben)
Reading of the Journal. Senator Butler.
Mr. President, I move that reading and approval of the Journal of Tuesday, November 14th and Wednesday, November 15th, in the year 1995, be postponed, pending arrival of Ehe printed Journals.
Senator Butler moves to postpone the reading and the approval of the Journals, pending the arrival of the prinked Eranscripts. There being no objection, so ordered. Messages trom the House.
Message from the House by Mr. McLennand, Clerk. Mr. President - I an directed to inform khe Senate that the House of Representatives has refused ko recede from kheir Amendments l and 2 to a blll of the followinq kikle, to Wit: Senate Bill 388. I an further directed to inform khe Senate khat the House of Representatives requests a First Commlttee of Conference. Ackion taken by khe House, November 15th, 1995. l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislatlve Day November l6r 1995
... tmachine cutoffl...DeAngelis moves that the Senate accede to the request of the House that a conference committee be appointed. All those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have it. The motion's carried. We have two requests to film our proceedings today from CLTV News and Channel 20. Is there leave? Leave is granted. Committee Reports.
Senator Hawkinson, Chatr of the Committee on Judiclary, reports Senake Bill 1140, the First Conference Committee Report, Be Approved for Consideration; and Senate Bill 721, the Second Conference Committee Report, Be Approved for Consideration. Senator Klemm <sieb (Walsh), Chair <sic> of the Committee on Local Government and Elections, reports House Bill 211, the First Conference Committee Report, Be Approved for Consideration. And Senator Mahar, Chair of the Committee on Environment and Energy, reports House Bill 901, First Conference Committee Report: Be Approved for Considerakion; and Senate Bill 598, the motion to concur with House Amendmenk 2, Be Adopted.
The top of page 2, House Bills 3rd Readingp House Bill 1124. Senator Pawell. Read the bill.
House Bill 1124. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Fawell.
Thank you very much. This is a bill that has been worked on for actually abouE a year. There are three amendmenks to it. The 2 STATE OF ILLINOIS 89TH GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 Amendment No. l really becomes khe bill and it makes various changes regarding the towing and khe disposal of abandoned vehicles. It has been agreed to by everybody, including the -- the State Poltce, the towing industry, khe Secrekary of Skate. don't believe there is any opposition whatsoever to this btll. The second amendment is an -- a clean-up amendment for Secretary George Ryan on the hearing officers for the new car dealers. It is a bill that we passed last year that allows them, When they have problems with their franchise, to come in and get their disputes settled here in the State of Illinois, rather than having to go to Detroit. And -- and the third part is a -- an amendment that cleans up Amendment No. l that Senator Hawkinson had some problems vith the original lansuage. It Temoves any problems as far as liens are concerned and and the notice of posking. I will be glad to answer any questions.
Any further discussion? Any further discussion? If not: Senator Fawell, to close.
I ask for your favorable vote.
A1l right. The question is, shall House Bill 1124 pass. Those in favor Will vote Aye. Those opposed, Nay. The Voting is open. Have you all voted who wish? Have you all voted who wish? Take the record. On the question, there are 53 Ayes, no Nays, 6 not voting. House Bill 1124, having received the required three-fifths majority, is declared passed. On the bottom of page 2, Secretary... The Order of Motions in Writing, the middle of page 3, House Bill 544. Senator Mahar. Senator Mahar? Read the motion, please.
I move ko accept the specific recommendations of the Governor 3 STATE OF ILLINOIS 89TH GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 as to House Bill 544, in manner and form as follows: Amendment to House Bill 544 in Acceptance of Governor's Recommendations Filed by Senator Mahar.
Senakor Mahar.
Thank you, Mr. President. Thank you, Mr. President. The this is the version that we passed two weeks ago, where the Governor amendatorily vetoed out the proportionate share for brownfields. The reason that we are revlsiting this today, this has one other elenent, which is not controversial to my knowledge, that Senate Bill 46 didn't have. And it would relieve licensed industrial hygienists, who do environmental audits, from the requirenent of having to have a bond for such purposes. It would treat them the sane as lieensed engineers. Due to the fact industrial hygienists have been licensed by the Illinois EPA for two years and are subject to discipline and regulation by the agency, there is no need for this additional bonding requirement. In a separate bill this passed unanimously out of our committee and that's khe only reason wedre revisiting this issue.
Senator Mahar moves to accept the specific recommendations of -- of the Governor to House Bill 544. Any discussion? Any discussion? If nok, Ehe queskion is, shall the Senake accept the specific recommendation of the Governor as to House Bill 544, in the manner and the forn just stated by Senator Mahar. All those in favor will vote Aye. ehose opposed, Nay. The voting is open. .. . you all voted who wish? Have you a1l voked who wish? Take the record. On the question, there are 56 ïeas, l Nay, 2 not voting. The specific recommendakion of the Governor as Eo House Bill 544, having received the required constitutional majority, is here -- 4 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November 16, 1995 declared accepked. Appears we've cleaned up the regular Calendar. Should be a Supplemental on the Floor here shortly. The intention of the Chair, that we would go to the Supplemental Calendar as soon as it's on the Floor. Senator Garcia, for whak purpose do you rise?
Thank you, Mr. President. rise for a point of personal -- for a point of order.
State your point.
Mr. President, I'd like the record to reflect that Senator Palner is not here today. Personal business has kept her in Chicago.
The record will so indicate.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip, for what purpose do you rise?
Thank you, Madam President. Point of personal privilege. Senator Klemm...
PRESIDING OFFICER: (SENATOR DONAHUZ) Please state point -- your point.
... is out of the hospital, hone convalescing from pneumonia, and I Would wish the record would so indicate. Also: to bring the Members up ko dake, where I think wedre going ko be and how soon wedre going to get out of here today: we will have one probably two Supplemental Calendars - I would hope we would have no more - and hopefully would get out of here sometime around noon.
PRESIDING OFFICER: (SENATOR DONAW IZ) Senator Geo-Karisp for what purpose do you rise? 5 STATE OF ILLINOIS 89TH GENEKAT.ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995
Point of personal privilege.
PRESIDING OPFICER: (SENATOR DONAEUE) Please state your point.
I'd like to introduce to this astute Assembly tWo folks khat are here from khe College of Lake County: khe acting president: Gretchen Neff, and the Doctor -- Doctor Charles Schulze from the -- who's one of khe vice presidents of khe College of Lake County. And theydre up fn our gallery. And in addition, I'd like to introduce one of our arbitrators, Mrs. Joann Fratianno Atsaves, who's been doing a very good job, and she lives in our county and belongs in Senator Barkhausen's district, and I'd like you all ko welcome them.
PRESIDING OFFICER: (SENATOR DONAHUE) Would you please rise and be welcomed by the Senate? ... tmachine cutoffl...are on -- now on Supplenental Calendar No. 1. I believe they have all been distributed. Top of page 2 is Senate Bill -- or, Secretary's Desk, Concurrence. Senate Bill 598. Senator Maitland. Mr. Secretary.
Senate Bill 598, with House Anendment No. 2.
PRESIDING OFFICER: (SSNATOR DONAHUE) Senator Maitland.
Thank you very muchp Madam President and Members of the Senate. Senate Bill 598 passed this Body last spring with fifty-six affirmative votes. It went to the House: and pursuant to an agreement over there, ik was anended downward to exempt everyone but the local telecomnunieation -- local services. I'm in support of Ehis motion to concur, and so, Madam -- Madam President, I move the Senate do concur in -- in House Anendment 6 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT i 66th Legislatlve Day November 16, 1995 No. l <sic> . '
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, this is final action. This is final action. And the question is, shall the Senate concur in House Amendment No. l to Senate Bill -- House Amendment No. 2 to Senate B1ll 598. Those in ! favor will vote Aye. Opposed, Nayp and the voting is open. Have a11 voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, l voting Present. The Senate does concur ln House Amendment No. 2 to Senate Bill 598, and the bill, having received the I i required three-fifths majority vote, is declared passed. On the Order of Conference Committee Reporks is House Bill l22. Senator Woodyard. House Bill 122. Senator Woodyard. Senator Woodyard . Mr. Secretary, do you have filed a conference com ittee report on House Bill 1227
First Conference Com ittee Report on House Bi.ll l22.
PRESIDING OFFICER: (SENATOR DONAEUE) Chair recognizes Senator Woodyard. i ! SENATOR WOODYARD: ! Thank you, Madam President, Members of the Senate. This bil1... I'm sorry. PRESIDING OFFICER: (SENATOR DONAEUE) ' Excuse me, Senator Woodyard, just a second. Wedll be able to move a lot quickery folksg if you jusk pay akkention. Senator Woodyard.
I Yes , thank you, Madam Presidenk. This bill -- the conference ! : committee noW -- noW contains three parts, including the original i : bill. And I don't know of any of khese khree parks that are ; controversial at all. The original bill was a result of an I i 7 STATE OF ILLINOIS 89TH GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 incident khat happened over in my district, was sponsored by Representative Bill Black, in the House. It seems that a State trooper was.e.tmicrophone cutoffl... Will you take ehis out of the record?
PRESIDING OFFICER: (SENATOR DONAHUE) Out of the record.
Senator Raica is always asking me to take a bill out of the record. All right.
PRESIDING OFFICER: (SDNATOR DONAHUE) We'11 stand at ease for just a moment, please. (SENATE STANDS AT EASE) (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DONAHUE) ... reconvene. Committee Reports.
Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned ko committees: Re-referred from Higher Education Committee to the Rules Committee - House Blll 122 (Firsk Conferenee Committee Reportll referred to the Committee on Public Health and Welfare - Conference Committee Report l to House Bill 1868: referred to the Committee on Skate Government Operations - Conference Committee Report to Senate Bill 388: and Be Approved for Consideration - House Bill 122 (First Conference Committee Report).
PRESIDING OFFICBR: (SENATOR DONAWIE) WAND-TV seeks leave of the Body to film our proceedings. Is 8 STATE OF ILLINQIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i . 66th Legislative Day November l6, 1995 leave granted? Leave is grated. Now on the Order of Conference Committee Reports is House Bill 122. Mr. Secretary.
FirsE Conference Commtttee Report on House Bill 122.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Woodyard.
Thank you, Madam President. Let's try this one again. I do apologize to the Body; I had not realized that Rules had not net yet. As I indicated, the underlying bill was proposed by Representative Bill Black, due to an incident that happened in our district in which a -- an Illinois State trooper was killed in the line of duty: and the law already in force says that the surviving dependents of a State erooper killed in the line of duty are entitled to an Illinots State scholarship. Well, in this particular case: the widow of the State trooper moved to Indiana, and thus, this disallowed the opportunity for her son to attend an Illinois school on an Illinois scholarship. And this portion of the bill deals with khat kind of khing. There are two other provisions. This would allow, I should say, ISAC to award that scholarship, and it would affect very fewe if maybe only one individual. There are two other portions to this conference committee report. One, Senator Fitzgerald - and if there are any questions on this particular portion, I would like ko allude to -- Eo him answering Ehose queskions - thaE porEion is nore of a eechnieal cleanup to *he optional retirement plan on downstate and suburban teachers. And if there are any questions on khat optional retirement plan, I think Senator Fitzgerald could answer khaE. The Ehird provlslon of thls deals With the communiky college system, and Wtth your permission: I would like to yield ko Senakor Fawell ko presenk khak porkion of khe conference I committee. ' 9 STATE OF ILLINOIS 89TH GENEQAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November 16, 1995
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.
Thank you very much. The khird portion of this bill deals with the community eolleges, the Higher Board of Ed, and an agreement that has been reached by -- by al1 concerned. We have had several meetinqs with the Governor's staff, wlth the Community College State Board, with the community college presidents, With the Higher Board of Ed, wikh some members of the higher education community, and with the Governor's people. This is the -- the first step in the agreemenk that was reached on -- on whak khe community colleges will be able to do in lieu of an override of the bill that we passed that separated the community colleges from the Higher Board of Ed. All it does is restructures the joint Education Committee by changing the number of members from s1x to eight and tWo of those nembers will be from the Community College Board. 1111 be glad to answer any questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Are there any queskions? Senakor Demuzio.
Thank you very much, Mr. -- Madam President, Ladies and Gentlemen of the Senate. There is one provision in this bill that concerns ne, and I know that this, as was represented, does, in fact, implement part of khe agreement that was struck by khe Governor and the Chairman of the Board of Community College Board. In restructuring this Board, if someone could answer a question for me, I -- I know khat the -- part of the agreemenk is for the Governor to actively involve himself in removing vocational education from khe Board of Higher Educationz for exanple, and kransferring that to the Comnunity College Board. I know another part of the agreement Was to command DCCA to nake the one-stop job shopping and the manpower services that are currently 10 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 1 being deployed in Illinois, and will be deployed under the block grants, under the jurisdiction of the Community College Board and I l away from the local vendors and the administrators of those programs that we currently have now. What other portions of the ! ! agreement that was struck between the Governor and the Chairman of the Community College Board do you see being implemented as a ! result of this -- of this legislation? :
PRESIDING OFFICER: (SENATOR DONAHUE) Before the Senator answers, can I ask all you Senators to i please be in your seats, take your conferences off the Floor. Let's keep our conversations quiet, please. Senator Fawell. ; !
The only thing that this bill does is ik talks about the joink ! Education Committee appointments. As I said, there will be eight on this Board rather khan -> khan six, and the eight will be kwo I ! appointed from the Board of Higher Education, tWo appointed from the State Board of Bducation, two appointed from the Illinois 1 ; Community College Board, and two appointed from the Human Resource InvesEment Council. !
PRESIDING OFFICER: (SENATOR DONAHUE) Senakor Demuzio. I
Well: you also -- can you inform us as to whak are the other i portions of the agreement that were struck between the Governor and the Chairman of the Board of -- Community College Board that ! Would be implenented by virtue of changing the structure of this Committee? For example, can you explain to mey who are the tWo members of the Human Resourees Investment Council? What is the Human Resources Investment Council? PRESIDING OFFICER: (SENATOR DONAWIE) ' Senator Fawell.
11 STATE OF ILLINOIS 89TH GENERAL ASSRMRLY REGULAR SESSION SENATE TRANSCRIPT I ! 66th Legislative Day November 16z 1995 I ! I The Hunan -- Human Resource Inveskment Council, I believe, is l a council that khe Governor has set up to look at the -- the -- : I the retraining prograns and that type of thing. : PRESIDING OPFICER: (SENATOR DONAWIE) i ë Senator Demuzio. ' ! '
Well, I guels that's precisely my point. It is my ! understanding that the Human Resources Council is one that is a , eombination of the Illinois Council on Vocakional Education and ! the Jobs Training Coordinating Council. And what thiss in effect: 1 is saying is that those individuals who are currently runninq I programs in our local communities under the Manpower Trainin: I Acts, money that is flowing from the federal government through the State government, that there is going to be a concentrated 1 effort as a result of the agreement that was struck between the ! Governor and Harry Crisp, the board -- Chairman of Community ! College Board, khat these monies will now be funneled through the 1 Community College Board, rather than through those individual ! vendors. Nowy I'm nok sure that that's such a good policy. The fact is, however, that this doesn't do anything other than I restructure that Commitkee and commands them to come back to the I General Assembly with whatever recommendations that they may have. Por example, I know that there's going to be a continued ! concentrated effort to move the vocational education group out of the Board of Higher Education and into khe Community College ! Board . That takes authorizing legislation by the General I Assembly. There are a number of other things that this new group now will be able ko gtve more authority to the Community College ' Board, less to the State Board of Education, and less to the Board , of Higher Education. And I vant to point that out for the record, r because thak's precisely khat you are doing in this legislation. I'm prepared to support it Ehis morning, bu* I want everyone to 12 SQATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ! SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 ' know that I don't agree with everything that Was struck in the agreement between the Governor and the Community College Board Chairman as a result of the veto last year. And -- and this whole thing hasresultedfromthefactthattheConmunityCollegeBoard 1 wanted to get out of the jurisdiceion of the -- out of the Board i of Higher Edueakion. Governor vetoed that bill. There was a number of khings that he agreed to do. This is now the ' implementing fackor. PRESIDING OFFICER: (SENATOR DONAWIE) Is there any further discussion? Any further discussion? Senator Woodyard, to elose. SENATOR WOODYARD: Thank you very much, Madam President. Senator Demuzio, I hope vhat you have indicated does not occurw beeause I have been a very strong supporter of -- of adult education nok betng under the community college system, and I don't -- and certainly it would require something a 1ok further than khis legtslation dealing with the Board appointments. As I did indicate, the pension part -- portion of khe bill, primarily technieal. It's stuff that wefve had in the past. The underlyinq bill passed overwhelmingly back in the House dealing with the widow's pension of a -- of a State trooper, and youdve just heard the explanation of -- of the community college portion. With that, I would ask support for adoption of the conference committee report. PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall the Senate adopt the Conference Committee Report on House Bill -- 122 -- on House Bill 122. Qhose in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted Who wish? Have all voted who wish? Take the record. On that questionr khere are 57 Ayesg no Naysr none voEing Present. The Senate does adopt the Conference ! Committee Report on House Bill 122, and khe bill, having received 13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 the required three-ftfths majority vote, is declared passed. .v e tmicrophone cutoffl...the illness of Senator Rlemm, Senator Peterson will be carrying House Bill 211. With leave of the Body? Leave is granted. Mr. Secretary.
Pirst Conference Committee Report on House Bill 211. PRESIDING OFFICERJ (SENATOR DONAHUE) Senator Peterson, on House Bill 211.
Thank you, Madam President. Conference Committee Report on House Bill 2ll basically increases the assessor education requirements to those townships less than fifteen thousand. It will be phased in over a kwo-term periode the first one beginning in 1996 for those people running in the 1997 election. They will have ko get certified by the Department of Revenue. And for the much smaller townships which have districks bekween ten million and tventy-five million nonfarm EAV and one million and less in commercial will have to December 1st, the year 2000, to get their education requiremenks compleked. This w1l1 affec: approximately three hundred and seventy-five assessors. And this has been aqreed to by the assessors' division in the Township Officials of Illinois, and is supported by the Taxpayersl Federation and the Department of Revenue. And I ask for an affirmative vote on Conferenee Committee Report No. l on Eouse Bill 211.
PRESIDING OFFICER: (SENATOR DONASUE) Is there any discussion? Senator Trotter.
Thank you very nuch, Madam President. I just wanted to say that I am in favor of -- of this bill; howeverg I just want a few questions just for the record. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAWIE) Indicates helll yield. Senator Trotter. 14 STATE OF ILLINOIS 89T/ GENERAL ASSEMBLY RBGULAR SESSION SENATE TRANSCRIPT ! 66th Legislative Day November 16, 1995
Yes. Senator, how will this -- this program be patd for?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Peterson.
Currently, the 1aw provides that the township: because all ' these other assessors in townships over fifteen thousand have to have the requirements of eertification is paid for by the township. And when they complete the requirements and are certified, then they receive a stipend from the Department of Revenue on a yearly basis, as long as their credentials are kept in Order.
PRESIDING OFFICER: (SENATOR DONAWIE) Senator Trotter. SENATOR TROTTER : i Okay . So the -- those individuals who are interested to , beeome assessors, pay for it up front and khey will be reimbursed? Is thaE how it works?
PRESIDING OPFICER: (SENATOR DONAHUE) Senator Peterson.
That's correct, Senator. In ninety-nine percent of the cases: the township does pay for the education requirements, because I I believe in the Statuke, it requires the township to pay for khose requirements so that they can stay certified or become certified.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter.
I Okay. And then -- and what is the cost? PRCSIDING OFFICER: (SENATOR DONAHUE) I ! Senator Peterson. I
1 15 STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY RCGULAR SESSION : SENATE TRANSCRIPT ! 66th Legislative Day Novenber l6r 1995 I believe the -- the estimake ls between tWo hundred and twenty-five to four hundred and fifey dollars.
PRESIDING OFFICER: (SENATOR DONASUE) SenatorTrotter.
1 So, this is not considered an unfunded nandate on the townships?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Peterson.
Not to my knowledge: because theydre already required to do it for the other assessors who are in townships above fifteen thousand.
PRESIDING OFFICER: (SENATOR DONAY IE) Senator Trotter. SENATOR TROTTERJ Thank you. PRESIDING OFFICER: (SENATOR DONAEUE) ! All rlghk: sir. Furkher diseusslon? Senator Denuzio. !
Wellr I -- I think the assessors are going to be awfully surprised next year When they find out they have to do all khis ! new training, but -- thank you.
PRESIDING OFFICER: (SENATOR DONAWIE) Is there further diseussion? Senator Watson.
Yes. Thank you. A question of khe sponsor.
PRESIDING OFFICER: (SENATOR DONAEUE) Indicates hedll yield, Senator Watson.
l Is it my understanding that khe required education Will be before you are -- before you're a candidate -- or I mean -- as -- I I 16 STATE OF ILLINOIS 89TH GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 66th Legislative Day November l6y 1995 I I before you're elected? Is that correct? 1 ! PRESIDING OFFICER: (SENATOR DONAEUE) I Senator Peterson. ' l
! That's correct. When you file your petitions, you have to I file a certification that you have the requirenents and that's ! ! certified by the Department of Revenue. ! PRESIDING OFFICER: (SENATOR DONAHUE) ! Further discussion? Senator Madiqan. ' !
Thank you, Madan President. Question of the sponsor. ! ! PRESIDING OFFICERI (SENATOR DONAHUE) I Indicates helll yield, Senator Madigan. SENATOR MADIGAN: q Senator Peterson, are you aware of any thoughts or any legislation that the Assessors' Association may be bringing forth addikionally in the spring? i
PRESIDING OFFICER: (SENATOR DONAHUE) Senakor Peterson.
! Not to my knowledge. Thls was supposed to be their major piece of legislation. They wanted it completed now, because they felt thak would give the assessors that weren't certified more time to meet the requirenents. The Deparkment of Revenue says they can easily meek *he requirements Within one year. 5 !
PRESIDING OFFICER: (SENATOR DONAHUE) Eurther discussion? Senator Weaver. !
Well, thank you, Madam Presidenk. Senakor: I have received some lnformation from the towns -- fron the Assessors' Association, saying that they are goinq to present legislation this spring to -- I don't know what all thak includes. I have a 17 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislattve Day November l6, 1995 packet in my office that I have not studied yetp because they -- they don't have it in blll forn yet. But I understood they were coming with a package next spring that would affect assessors statewide and consider education.
PRESIDING OPFICER: (SENATOR DONAWIE) Senator Peterson.
Well: as you know: I'm a conferee on the Conference Committee Report. The lead sponsor is Senator Klemm. But I did go to Peoria last Week and spoke to the assessors' division and no one at that time said thak khey had any big legislative agenda. That may be true, but I am not aware of it, Senator.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discusslon? Senator Karpiel.
Thank you, Madam President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Karpiel.
Senator Peterson, I'm sorry, I may have missed the first part of khe this debate, but in the townships that are covered by this, don't the assessors already have to have some kind of a CAIO <sicl (CIAO), or something? PRESIDING OFFICER) (SENATOR DONAHUE) Senator Peterson.
Al1 khe collar counties thak have fifteen thousand population or nore are certified. This affects townships with less than fifteen thousand in populakion and with -- and then it goes down to the anount of assessed valuation between commerctal and farn. If you're a real rural township, you have to khe year 2001 ko be certified. 18 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 66th Legislative Day November l6, 1995 E PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Karpiel.
Well then, the certification in this bill is no different than the certification the collar counties already have? i PRESIDING OFFICER: (SENATOR DONAHUE) i ! Senator Peterson. 5
This is the same requirement khat the townships in the collar I counties are required now; we're extending it to the more rural I I t ! ownships. !
PRESIDING OFFICER: (SENATOR DONAYTE) Is there further discussion? Further discussion? Seeing ' none, Senator Peterson, to close. ! I
I Thank you, Madam President. I think khe conference committee 1 has been well debatedw and I ask for an affirmakive vote on the First Conference Committee Report on House Bill 211. 1
PRESIDING OFFICER: (SENATOR DONARUE) The question is, shall House Bill -- or, Senate adopt the ! ! Conference Committee Report on House Bill 211. Those in favor 1 I will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who Wish? Have all voted Who wish? Have a1l voted who wish? Have i ! all voted Who wish? Take the record. On that question, there are 46 Ayes, 5 Nays, 4 voting Present. The Senate does adopt the I Conference Commitkee ReporE on House Bill 211, and Ehe bill, ! having received the required constitutional majority, is declared I i passed. Senator Mahar, on House Bill 901. Mr. Secretary, do we have a eonference committee on file? ! , SECRETAR: HANRY: First Conference Committee Report on House Bill 901.
PRESIDING OFFICER: (SENATOR DONAHDE) 19 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6: 1995 Senator Mahar.
i Thank you, Madan President. Thls I Would hope to be the final version, the final proposal, dealing wlth khe issue Which has commonly become known as brownfields. It is very similar to what I we have voted on in the past and what was vetoed by the Governor. i ! It still has the three-kiered, risk-based approach to idenelfying sites; it has the issue of proporkionate share; and it has a mechanism for generation of additional dollars for the purpose of 1 the State's portlon or obligation to clean up the sites, which has ! ; becone known as the ''orphan sharesd'. With khat, I would be happy to entertain any questions. PRESIDING OFFICER: (SENATOR DONAWIE) ! ! Is there any discussion? Senator Welch.
I have a question of the sponsor. I I
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yieldy Senator Welch.
I Senator Mahar, did you say this continues the -- this has I ! proportionate share, changing the existing law? It does.
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Mahar. I i SENATOR MAWAD: j ! ïes, it does.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch. i
And do you anticipate this will create fewer lawsuits or mo re i lawsuits, because of the proportionate share provision? I ! ! PRESIDING OFFICER: (SENATOR DONAWIE) E Senator Mahar. 20 STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 I I ! SENATOR MANAD: 1 Well it's my hope that it'll creake fewer lawsuits. What We l 1 are doing is -- is going away fron the State's obligation to pick I I up the money or find people who have contributed and really have I the private sector the one who will remediate these sites, and ! that is based upon the fact that there will have to be less 1 I likigation and there'll be less cost in cleaning up the sites I b I ased upon the three-tiered, risk-based approach. I PRESIDING OFFICER: (SENATOR DONAHUE) I I Senator Welch. 1 SENATOR WELCH: I 1 Senator, how is it going to be determined who is responsible? I If you have a -- a corner in a city where there are four gasoline l I stations, for instanee, and they find pollution, underground 1 1 pollution, at one of the four: and letls say theydre not involved I in khe -- the underground tank program. How are they qoing to I d I etermine which of the four are the ones that caused ity unless I they dig up eaeh cornerls gas tanks? HoW do you figure out the I 1 proportionate share? I PRESIDING OFFICER: (SENATOR DONAHUE) ' I Senator Mahar. I SENATOR MApAp: l I Wellz first of all the underground tank progran is not I involved in -- in the brownfields legislakion, as are other I ' j entities that are not exempt under federal law. But to your I I question as to Who is going to promulgate the rules, it will be ! the Pollution Control Board who has -- who is responsible for I 1 adopting rules and procedures within eighteen monkhs of the I effeckive date of this Act. I PRESIDING OFPICER I : (SENATOR DQNAHUE) I Senator Welch. I SENATOR WELCH: 21 STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 Senator, how -- how are we going to figure out, when there's a dispute, as to who is responsible? Isn't that going to have to be decided by a judge; or, if it's a -- not brought to court, won't the State have to pick up the charge for cleaning up that property?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.
Well, that -- there's no indication that -- of course, litigation is always possible, Senator Welchr as you know. Andr of course, we have added more money in for the orphan shares - four to five million dollars. But once agabn, I would suggest to you and to the Members of this Body that what youdre qoing to find as a nek result of this bill is the private sector going in, raising capital, getting loans from banks, and cleaning up the site themselvesr without any obligation of the taxpayers to participate.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch .
Well, I'd just like to say I think that's a great theory, but don't think it's going to work that way. I think people are going to point to the neighbor and say, ''It wasn't me who polluted this property; it was the neighbord v or ''It was the guy before me'', or ''Somebody just abandoned these gallon druns full of toxic waste on the property and they spilled. We had nothing to do with it.'' I khink trying to prove who is responsible under this is going to be an impossible task, and it's going to resulk in one of kwo khings: It'J qoing to resulk in the taxpayers picking up the tab for cleaning up these properties, or it's going to result in contknuing contamination of property in the State of Illinois.
PRESIDING OFFICER: (SENATOR DONAHUE) 22 STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6r 1995 Further discussion? Senakor Trotter.
Thank you very much. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAYIE) Indicates hedll yield, Senator Trokter.
Senator Maharz as you know, this -- this has been debated over and over, but seemingly in this legislation, the problem that I had with it is still there, and thak is, of course, with the orphan shares. Wikh this blll moving away from the -- the joint and several liability issue: who is going to pick up the cost of paying for those orphan shares?
PRESIDING OFFICER: (SENATOR DONAWIE) Senator Mahar.
Thank youz Madam President. Whak this bill contains, as far -- as far as *he State's additional revenue to assist in covering the State's portion of these obllgations, is a transfer of two mlllion dollars per year from *he Eolid Waste Management Fund to khe Hazardous Waste Fund. In additiony the -- the Agency indicates that they normally get through cost recovery about kwenty-five percent, which they estimated as an additional two million dollars. And finally, with the support of the bankers -- Illinois Bankers and the real estate industry, they've agreed to an assessment or a fee of the lessor of twenty-five hundred dollars or Ehe amounk equal to the costs incurred for the site by the EPA on No Purther Remediation Letters. We anticipate this raisinq somewhere around a million dollars. So we -- We figure about a -- four, maybe five, mlllion dollars will go in annually to this -- to cover the State's portion of our obligation.
PRESIDING OFFICER: (SENATOR DONAEUE) Senator Trotter. 23 STATE 0F ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATB TRANSCRIPT 66th Legislative Day November l6, 1995
So a11 those millions of dollars you just added up, what was the total number? Million hete, million there, is that -- what is that?
PRESIDING OFFICER: (SENATOR DONAYIE) Senator Mahar.
It's about four to five million.
PRESIDING OFFICER: (SSNATOR DONAHUE) Senator Trotter.
USEPA estimates that to clean up one site is going to cost twenty-four million. So where is the other nineteen million going to come from?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.
Purpose of this bill is to reduce the cost to remediate sites, based upon the health and safety rlsk to whak khe final end use of the site will be. If it is a site that is deemed to be a hazard to public safety: theyfre going to have to clean it up to the same requirements as it is today. However, if you have an industrial site and an owner wishes ko come in and purchase that site and use it as an industrial site, they 're not going to have to clean up *he contamination to the poink where you can eat the dirt. Rather, they will clean kk up to the point where you can use that site, possibly capping it, and it's going to greatly reduce Ehe cost to clean up the slte. In a -- in an -- in a exanple like that, there will be no Skate parkicipation. The third parky or the buyer of the property will pick up the total cost.
PRESIDING OFFICER: (SENATOR DONAYIE) Senator Trotter. 24 STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995
Let -- let me try to get a little more speciflc, then. In the City of Chicago Which has more industrial sites than than probably any place else in -- in the Stake, currently from the Solid Waste Management Fund, they are recelvin: two hundred thousand dollars for -- for grants for household waste and sixty thousand dollars for -- to enforce illegal dumping. Is there any guarantee thak the City of Chicago will still be getting these dollars, with this bill that you're passing or attempting to pass?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.
What wefre doing is eliminating khat program for planning grants, which all of the local units of government two years ago should have incorporated. And, Senator Trotter, as you know, in committee: the City of Chicago put in a Witness slip in support of this bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter.
Yesv I understand that they dkd put in a slip, but that Was one of those reluctant kind of slips. Certainly they will gek some benefits from there from that, but yet and still, there's going to be from -- fron our numbers, it's qoing to be more of a detriment for us who live in that community: in which I do live, on the southeast side where these dumps are. So even though the the wisdon of the City miqht have been khere because there are some -- some benefits, there are still some problems and big problems with this. And I also have a problem uith this this bill. Does this -- this have anything to do with khe LUST Fund?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar. 25 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 66th Legislative Day November l6, 1995 i t
Nop Senator Trotter, it has nothing to do with the LUST Fund.
PRESIDING OFFICER: (SENATOR DONAWIE) Senator Trotter. SENATOR TROTTER: E : Only -- only because of the -- the board records as the EPA LUST Program and -- which means, if it was: I had some additional questions, if it had anything to do with that.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Further discussion? Seeing none, Senator Mahar, to elose. ;
Well, thank you, Madam Presidenk, and Members of the -- the Senake. This is probably, as I've stated on this Floor in the past, probably the biggest jobs bill that will eome before us in some time. The sites khat are out there that are contaminated renain contaminated: are -- are not being put back into khe private sector, nok being utilized. There are no jobs; there's no eommercial value to them. That's going to change with this bill. And, Senator Troktery I think you're absolutely correct. There are many inskances in the City of Chicago where this bill is going to greatly benefit. Youlre qoing to see entrepreneurs in your I neighborhood coming in, taking the risk, putking in their own l money, being able to borrow money from the bankers around -- around kbis company, invesking their own capital, and consequently, returning those properkies not only to the tax rolls, but to job producing -- jobs for the people of khe great State of Illinois. And I would ask a11 of us ko support the First Conference Committee Report on House Bill 901. PRESIDING OFFICER: (SENATOR DONAHUE) : The question is, shall the Senake adopt the Conference l Committee Report on House Bill 9Q1. Those in favor will vote Aye. 26 STATE OF ILLINOIS 89TH GENEDAL ASSEKBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 Opposed, Nay. The voting is open. Have all voted Who wish? Have al1 voted Who wish? Have a11 voted Who wish? Have a11 voted who wish? Take khe record. On that question, there are 44 Ayes, 10 Nays, 2 voting Present. The Senate does adopt the Conference Commiktee Report on House Bill 901, and the bill, having received the Eequkred constitutkonal majolkty, is declared passedv Bottom of page 2. Conference Commitkee Reports on your Supplemental Calendar No. l is Senate Bill 1140. Senator Geo-Karis. Mr. Secretary, do you have a conference committee report on file?
Yes, Madam President. First Conferenee Commitkee Report on Senate Bill 1140.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-:aris. SENKTOR GEO-KARIS: i Madam President and Ladies and Gentlenen of the Senate, this is the First Conference Report on Senate Bill 1140, and it cleans up a number of technical errors. And it also has -- main provision of which is Amendment 3, and whieh was approved by the State Bar and khe Chicago Bar. It -- ik says, in determining whether a child is in the physical custody of one of his parents, khe court shall consider a1l relevant factors, including: the child's age; the circumstances of the initial transfer of possession of the child; the integration of the child inko the family setting of the nonparental parent -- pekitioner; the length of time the child has spent in the family setting of the nonparental pekitioner) whether both of khe child's parents have voluntarily relinquished possession of the child; and whether the child's father, if not married to the child's father <sic>, has acknowledged that he is the chlld's -- nother rather, has acknowledged that he is the child's father or has been declared to i be the child's father by a court of conpeten 't jurisdickion. It 27 STATE OF ILLINOIS 89TH GENERAL ASSEMNLV REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November 16, 1995 amends the Illinois Marriage and Dissolution (of Marriage) Act because under current law, a parent has standing if he or she files a petition to divorce, legal separation, or -- tnvalidity of marriage. Any okher person has skanding by filing a petikion for cuskody of the child, is not in the physical custody of one of his parents. I ask for a favorable consideration. This has been debated for quite awhile and it's -- it has the effect of allowing a trial judge to consider the child's welfare in sikuations like Baby Richard, where a child has lived for a long time in a home and bonded with the home and so forth. I'd appreciate a favorable i vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Thomas Dunn.
Just to eomment on the bill, Madam President, with all due ' respeck to the fine lady khak is sponsoring this bill. If we all wonder why welre a likigious society, it happens right here on this Floor with bills like this. As you know, there is no more heated disputes khan when divorce occurs and children are involved. There's no situation where passions run higher. And what this bill does is to further the war between spouses, between grandparents, and between almost anyone who wants to stick their nose in -- under the family tent. This is a very bad bill. This bill encourages lawsuits. This bill eneourages dispukes between fanilies. And I urge a No vote. PRESIDING OFFICER: (SENATOR DONAHUE) ! i Furkher discussion? Senakor Trotker. SENATOR TROTTER: I Thank you very much. I -- I didn't hear her full explanation of the blll. But would the Senator yield?
PRESIDING OFFICER: (SENATOR DONAHUE) I Indicates shedll yield, Senator Trotter. 28 STATE OF ILLINOIS 89TH GENEQAL ASSZMNLY REGULAR SESSION SENATE TRANSCRIPT E 66th Legislative Day November l6, 1995
Senator Geo-Karis, in this bill, if -- if a woman leaves a home because of some vtolent domestfc problem and leaves a child with a friend or a family member for safekeeping, would she have to end up defending herself or -- to get her children back or ; defend her rights to get her -- her -- custody back of her child? E PRESIDING OFFICER: (SENATOR DONAHUE) ! Senator Geo-Karis. 1 ;
i I It is nok the intent of this legislation to negatively impact the custodial rights of domestic violence victims, solely on the basis of domestic violence.
PRESIDING OFFICER: (SENATOR DONAWIE) Senator Trotter. : SENATOR TROTTER: ! Ok i ay. The -- it's not the intent, but seemingly the way -- I I the way I heard you explain it, that -- that,s the -- the way it I I comes out. I meanp so is it specific in the -- in the -- in the writings -- in khe bill? Do you know a part in the bill khat specifically says this will not infringe on custodial rights of the parent?
PRBSIDING OFFICER: (SENATOR DONAWIE) Senator Geo-Karis. SENATOR GEO-KARIS: i 1 I Ik will not because it w1ll be strictly upon the decision of I I the judge. The judge has to weigh all of the evidence. !
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Rauschenberger. I
Thank you, Madan President. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) 29 STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 Indicates shedll yield, Senator Rauschenberger.
Senator, I'm concerned from the perspective of DCPS and involving ourselves in -- in family cuskody. got a question maybe you can answer for me. If -- if I were to -- to place a child with -- with an extended family member in a plan of care - you know, where I -- 1'11 be back in six Weeks; wedre going to be gone; we've got commitments in Idaho or whatever wedve got - would -- would this bill -- could this bill lead to that -- that -- that -- that placement -- whoever plaeed that child With having standing in a courk of law ko sue for custody?
PRESIDING OFFICER: (SENATOR DONARUE) Senator Geo-xaris.
That would be one of the factors the judge will look at. If -- cerkainly, if you had to do it for six weeks, no -- no judge is going to be in his right mlnd by making a change.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.
Senator Geo-Karis, currently under our Statutes if place a child in a plan of eare with an extended family member, does -- does that extended family member have standinq in court? Can the trial judge consider them to have standing in courk?
PRESIDING OFFICSR: (SENATOR DONAHUE) Senator Geo-Karis.
I think -- I think the judge can consider it now. Whether he grants it or not, that's another question. But I feel that the judge can consider it now.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger. 30 STATE OF ILLINOIS 89TH GENEKAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995
I -- well, I guess one of my concerns, Senator, is that this provision could lead to more voluntary placements or more voluntary relinquishments, temporarily, of -- of guardianship rights of children to DCFS to avoid having to, perhaps: litigate to -- to get children back. Currently if there's no plan of care, DCFS can intervene or the family member khat the child is placed with. But if there's a plan of care and a definite time periodr I I just don't feel comfortable in -- in putting that burden on krial court judges ko kry ko -- try to do that. So I would respectfully have problems with the way this is drafted. Thank you .
PRESIDING OFFICER: (SENATOR DONAUIE) Further discussion? Senator Collins.
Question of the sponsor. Senator Geo...
PRESIDING OFFICER: (SENATOR DONAEUE) Indicates shedll yield: Senator Collins.
Let me -- 1et me -- would you please just respond specifically to a question, for clarity, for me, and lek me give you an example. If a woman who had been divorced or a single woman had a child and, for whatever reason, had to maybe -- let's say she went to khe hospital and she lefk this child in khe custody of her girlfriend. And, let's just say that she died in the hospital, and, of course, khe child would be in the custody -- temporary custody of her girlfriend. Are you saying that this girlfriend khen would have legal standing in the courts over maybe even the -- the actual father or the relatives of this child, or have equal standing in court?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis. 31 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995
This does not give legal standing ipso facto to the girlfriend. These are factors that the judge would have to consider. And she doesn't automatically have standing. She can petition, buk it's a courk decision that counks. And the court's going to take all these things into consideration as to whether i the interests of the child is going ko be served by whom. If : there's another parent, fine. If the parent shows a willingness to take the child and is capable of doing sor certainly he won't ! be precluded, he or she. l I PRESIDING OFFICER: (SENATOR DONAHUE) 1 Senator Collins.
Senator, would not she or anybody else have the -- right now I I without this bill, have a right to petition the court? I'm not saying that you would grant automatically -- just because we're passing this -- this law will give her a right to adopt the child. But I'n saying, should she not: under -- without this law, have -- or you or anyone else, have the right to go into courk and petition for the adoption of any child that you had temporarily in : your custody? Why do we need this law? And let me say something, ! Senator Geo-Karis. I think khat the bill that we passed -- there was a consensus and a 1ot of work going into the law that we passed onproviding sone -- Ithink somepretty solidalternatives l to Women for kemporary custody of kheir children due ko illness o ! r I if in fack, that khey had a terminal illness or something -- they i I , ! had to go ouk of town, to -- to provide for some protection for ' children just in case something happened to their parent or for a ! temporary guardian when they even wanted ko go on vacations. And ! l I think for you to bring before this Body a bill just ko address ! ; some individual or specific case is why we get off track. Why 1 donlt you just 1et the laws We have on the books work? I thknk ; l 1 32 STATE OF ILLINOIS 89TH GENEDAT,ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ( ! 66th Legislative Day November 16, 1995 ( é there is enough -- there are enough provisions under that laW for anybody to go into court and pekition for custody of this particular child in this particular case your Working on. I don'k think we should be taking this action at thls time and I would just suggest you vote No. i I
PRESIDING OFFICER: (SENATOR DONAHUE) Furkher discussion? Senator Parker.
Thank youy Madam President, Ladies and Gentlemen of the Senate. I commend the sponsor on trying to address problems that do need to be addressed, and I -- I think there is some good things in this bill. However, I have one concern that Was brought to my atténtion that I really didn't realize fully was a park of i i this bill, and thak has to do with the possibility when a woman is 1 ! in a case of domestic violence. And I think some of the Senators ! i here have brought this up and I'd like khe Senakor to -- if she would leave for a question, to kry and address this issue.
PRESIDING OFFICER: (SENATOR DONAEUE) Indicates shedll yleld, Senator Parker.
It's my understanding -- and this has happened in cases where a woman in a domestic violence sikuaEion will leave her child with her mother for a couple of days or so. And then if she comes back and gets her child, if that grandmother wants to keep thak child, there is no standing, as I understand it now, in the courts for her ko be able to keep that child. Is that the case? (
PRESIDING OFFICER: (SENATOR DONAWIE) Senator Geo-Karis. SENATOR GEO-KARIS: ' There still would not be standing, unless it -- it -- because it 's not the intent of this legislakion to negatively impack the custodial rights of domestic violence victims solely on the basis ! 33 STATE OF ILLINOIS 89TH GENEKAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 66th Legiolative Day November l6, 1995 I of domestic violence. So khe grandparent wouldn't have any more j I standing than the mokher. It's my -- thls is my understanding, ! ! becausethat'smyintent.But-.. 1 PRESIDING OFFICER: (SENATOR DONAHUE) ! Senator Parker. ! SENATOR PARKER: I I i I understand that. I think noW there's no standing, and I $ ! think what, my understanding is, this bill does is put the possibility of standing in there, so that the grandmother now could go to court, could possibly have standing; where Ehe judge now would have to make a decision; where you have lawyers there that can actually -- take a long time before this decision is made, and where then the child would be at an uncerkain position, as far as which parent or grandparent khak child is actually living in. So it is putking nore of that opportunity with the courts. And I -- is that khe case?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis.
i I'm sorry: I didn'k hear your lask comment, Senakor Parker. PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Parker.
1'11 try and remember all I said. I think khaky my understanding ts, now what could happen with this bill is that the grandmother could go to court, say ''I have kept this child for a couple of daysp'' There is a possibility the grandnother would have I standingz so now the judge is involved in the decision. And khe t ! lawyers could take a long time with the judge, with the whole I i process, and possibly that child Would be in limbo, as far as -- l 1 I as going with iks mokher or iks grandmother, for a year or Ewo. l Whereas, the present law that we have now, the grandmother would 34 STATE OF ILLINOIS 89TH GENEDAT.ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 have no standing and that -- very quickly that decision Would be made. And so, what I'm concerned about is the possibility of that child being in a difficult situation for a long period of time, With this legislation.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis.
I realize now that there are some problems that some of my colleagues feel are there. And that was not ny intention to make problems; my intention was to sponsor this legislation to eliminake some of the problems. But since I don't Want to cross my colleagues on both sides whodve had some real concerns, Would like to ask that this Report then be denied and I'm going to ask for a Second Conference Report.
PRESIDING OFFICER: (SENATOR DONAHUE) Question is, shall the Senate adopt Conference Committee Report No. l on House <sicb Bill 1140. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have al1 voted who wish? Take Ehe record. On that question, khere are 5 Ayes, 41 Nays, none voting Present. The Senake -- Conference Committee Report is not adopted, and the Secretary will so inform the House. Senator Geo-Karis, for...
Madam President, I'd like to ask for a Second Conference Report on Senate Bill 1140.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sieben, for what purpose do you rise?
For the purpose of an announcement.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state it. 35 STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislakive Day November l6r 1995 SENATOR SIEBEN: I ! Thank you, Madam President. To inform the Members, the State I ' I Government Operations Committee will meet at 11:35 today, in Room i j -- in Room 212, for the purpose of considering the First Conference Comnittee Report on Senate Bill 388. That's at 11:35 in Room 212.
PRESIDING OFFICER: (SENATOR DONAHUE) State Governnent Operattons Commlttee will meet ln 2l2 at 11:30. Senator Raica, for what purpose do you rlse? I l
i Thank youp Madam Presidenk. At your pleasurey the Public 1 i Health Committee will also meet in Room 400, at ll:30y for the 1 ' i r purpose of looking at one bill. PRESIDING OFFICER: (SENATOR DONAHUE) ' Publie Health: Room 400, 11:30. We will stand in recess till the call of the Chair, but I can give you at least some idea: It will be in the neighborhood of 11:45. Senate stands in recess. I I (SENATE sTAxos IN REcEss) I i i ! (SENATE RECONVENES) !
PRESIDING OFFICER: (SENATOR MAITLAND) . .. tnachine cutoffl... will reconvene. Committee Reports.
Senator Raica, Chair of the Committee on Public Health and i I Welfare, reports House Bill 1868, the First Conference Committee ! j 2 Report, Be Approved for Consideration. And Senator Sieben, Chair of the Conmikkee on State Government Operations, reports Senate Bill 388, the Pirst Conference 36 STATE OF ILLINOIS 89TH GENEDAT,ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6: 1995 Committee Report: Be Approved for Consideration.
PRESIDING OFFICER: (SENATOR MAITLAND) Ladies and Gentlemen, if I could have your attention please. For all khose who are within earshot of my voice, if you would come to the Floor. The sooner we get moving this afternoon, the sooner werll be finished. We have a number of issues to deal with yet. We will be dealing and starting wikh -- with Supplemental Calendar No . 2. Conferenee Committee Reports, House Bill 1868, Senate Bill 388 and Senate Bill 721, in that order. So Would you please come to the Floor as quickly as possible: please. ... Dudycz, for what purpose do you arise, sir? All right, Ladies and Gentlemen, on Supplemental Calendar 2, in the Order of Concurrence, Committee Reports. Mr. Secretary, do you have on file a Conference Commtttee Report on House Bill 1868?
Yes, Mr. President. First Conference Commiktee Report on House Bill 1868. PRESIDING OFFICERZ (SENATOR MAITLAND) Senator Raiea.
Thank you, Mr. President. House Bill 1868 was requested as clean-up language by the Illinois Retailersl Association and also the Illinois Med Society. The first portion of the bill, the language -- I'm sorry -- the State Bar Association and the Land Title Association - and it's intended to clarify khe Section of the Public Aid Code which allows the State to recover assets from estates which deal wikh Medicaid recipients afker kheydre deceased. Basically, during the 1985 -- or, I'm sorry, spring Session of 1995, the Legislature passed a law which expanded the ability of the Department of Public A1d to place liens on real property of Medicaid recipients. After the recipient is deceased, the State can claim the property as a means of reinbursement for 37 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE QRANSCRIPT 66th Legislakive Day November l6, 1995 Medicaid services provided. Qhe 1aw was inadvertently draftedz such that it creates a hidden lien that cannot be discovered by searching public records. The lien could also be -- inadvertently travel to subsequent owner of property even if he or she has no relation to the former Medicaid recipient. This language that was drafted by the Realtors clarifies the Public Aid liens so that it is recorded and someone would be able to recover that property. The second portion of it was reeommended by the Illinois State Med Society and is clean-up language whkch basically states that this bill amends the Illinois Insurance Code and the Code of Criminal Procedure to provide for record preservation via optical imaging in the same manner as photography or microfilm protects and preserves records. This is merely putting this part into the Code as it is in the Criminal Code -- or Code of Civil Procedure, and I just ask for its adoption. PRESIDING OFFICERJ (SENATOR MAITLAND) Is there discussion? Is there discussion? If notp the question is, shall the SenaEe adopt the Conference Committee Report on House Bill 1868? Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voked who wish? Have all voted who wish? Take -- take the record, Mr. Secretary. On that question, there are 56 Ayes, no Nays, l Member voting Present. The Senate does adopt the Conference Committee Report on House Bill 1868, and the billy having received the required three-fifths majority, is declared passed. On page -- on Supplemental Calendar 2 is Senate Bill 388. Mr. Secretary, do you have on file a Conference Committee Report on Senake B1ll 388?
Yes, Mr. President. First Conference Committee Report on Senate Bill 388.
PRESIDING OFFICER: (SENATOR MAITLAND) 38 STATE OP ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I I 66th Legkslatkve oay November l6, 1995 ! Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. Presldent. Conference Committee Report No. l to Senate Bill 388 is a topic that we've all been diseussing for j quite awhile and is a product of some serious negotiations for i quite a period of time. As we are all aware, on January 1st, the Office of Inspeckor General for the Deparkment of Mental Healkh would sunset ouk wtthout a bill that would extend it, and this bill first and forenost extends that date to January 1st, 2000. Secondly, it requires that that Inspector General report directly I ; to the Direetor. ehird, it expands the authorlty of the Inspector General into community facilities, but along with that, it does, tn fact, define more specifically what those -- the authority of thak Inspeckor General is. Requires certain promulgation of rules and has a prohibition against them going into another investigation thatls there already, and it limits the authority of 1 that Inspector General to more of an investigative authority. It : also establishes an appeal process of -- by any agency for an action of the Inspector General. Be happy to answer any queskions that anyone night have.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Wakson i . j !
Yes, thank you, Mr. President. This is an effort to establish legislative intent and I have some questions here that I would like to ask of khe sponsor, if he will yield. PRESIDING OFFICER: (SENATOR MAITLAND) ! Indicakes he Will yield, Senator Watson.
Yes, thank you. Is the purpose of this office to investigate : reports of abuse or neglect in all facilities State-operated and community-funded, licensed or certified by the Department of 39 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislatlve Day November l6, 1995 Mental Health? PRESIDING OFFICER: (SENATOR MAITLAND) I Senator DeAngelis. I SENATOR DeANGELIS: Yes. This legislation authorizes the Inspector General to investigate cases of abuse and neglect in any facility or program that is licensed or certified by the Department of Mental Health and Developmental Disabilities or that is funded by the Department and is not licensed or certified by any other State agency.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. I
Can initial investigations be done by phone and mail to i determine the validity of a report? k 1
PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGCLISI The legislakion requires khe Inspeckor Ceneral to promulgate rules establishing crikeria for determining, based on *he nakure of the allegation, the appropriate method of investigation, which may include site visits, telephone contacts or requests for Written responses from the agency. The new Inspector General has assured me that she intends to prioritize the urgency of these I i PRESIDING OFFICER: (SENATOR MAITLAND) i i Senator Watson.
Does this office have any aukhority to inveskigake problems with providers relaked ko their licensure or cerkification by the Department of Mental Healkh? PRESIDING OFFICER: (SENATOR MAITLAND) ' ! Senator DeAngelis. 40 STATC OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 i SENATOR DeANGELIS: No. This legislation specifically prohibits the Offlce of the Inspector General fron having any involvenent in khe routine ' programmatic llcensure or certlfication operatlons of the Department or any of its funded agencles. As you know, in the ! past, this office was deeply involved in the licensure and certification process. This provision is intended to prohibit the continued involvement in those areas. 1 I
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. I SENATOR WATsoN: ! Is it correck that this office and the Inspector General Will noW report to the Direckor of the Department of Mental Health and Developmenkal Disabilikies? And if that's accurateg then will the 1 ! Office of -- the Inspector General had reported ko no one in -- in the past? j i PRESIDING OFPICER: (SENATOR MAITLAND) ' Senator DeAngelis. SENATOR DeANGELIS: j This legislation does require the Inspector General to report directly to the Director of Mental Health and Developmental i Disabilities. You are correck, Senator Watson. In the past, the Inspector General did nok report to anyone and many argue the lack of oversight of that office created many of the problems that have : plagued the office.
PRESIDING OPFICER: (SENATOR MAITLAND) i Senator Watson.
I When can the Inspector Generaly as authorized by this bill, ! participate in investigating -- investigations being done by State deparkments other than the Deparkment of Mental Health?
PRESIDING OFFICER: (SENATOR MAITLAND) 41 STATE OF ILLINOIS 89TH GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 i : E Senator DeAngelis. SENATOR DeANGELIS: ! I When another State agency specifically requests in writing khe l OIG1s involvement, the Inspector General is permitted to cooperate in investigations of abuse and neglect of persons with ! developmental disabilities or mental illness. This is the only way that this office is authorized to participate in those investigations. I
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Wakson. SENATOR WATSON: 1 l HoW will providers being investigated be protected from unjust porkrayals by the press when the report of abuse or neglect is determined to be false? '
PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: ; Any allegations of abuse and neglect are ko remain confidential until a final report is completed. Any final reports i regarding unsubstantiated or unfounded allegations shall remain ' confidential. PRESIDING OFFICER: (SENATOR MAITLAND) I ! Senator Watson.
Does the language prohibiting the Office of Inspector General I ; from supervising or having involvement in the routine, programmatic, licensure, or certification operations prevent the Inspeekor General from providing relevant information to the ; Bureau of Licensure and Cerkification? Are we preventing contact I between the kWo divisions? PRESIDING OFFICER: (SENAQOR MAITLAND) I ( Senator DeAngelis. : 42 STATE OF ILLINOIS 89TH GENEDAT, ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day Novenber l6, 1995 SENATOR DeANGELIS: This legislation is not intended to prevent al1 contact between the two divisions, but it -- the legislation specifically provides that the rules shall be promulgated to clarify how the Office of the Inspector General shall interact with the Bureau of Licensure and Certification.
PRESIDING OPFICER: (SENATOR MAITLAND) Further discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR MAITLAND) He indicates he wtll yield, Senator del Valle. SENATOR dEL VALLE: Senator DeAngelis, is khere a sunset proviston in this bill? PRESIDiNG OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Yes, Senator del Valle. It's January 1st: 2000.
PRESIDING OPFICER: (SENATOR MAITLAND) Senator del Valle. SENATOR dEL VALLE: Well, I -- I'm gotng to support this bill. I -- I think it is an important step in the right direction, qiven that we are going to provide the Inspector General with the authority needed to be able to look at community-based agencies that receive funding from the Department of Mental Health. I think khat that is something that ts long overdue. But I'm really disappointed wlth the fact thak we have put in a sunset provision here. I don't know when We're a11 going to be convinced that this position is not only needed, but should -- should be permanent and should be independent and free to conduct iks work. You mentioned the previous Inspector General and I know a lot of the -- the problems 43 STAQE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 - so-called problems - that were identified were blamed on the previoua Inspector General, but I have to say to you that I think the problems are with some of the providers that do not want the scrutiny. They do not want this type of position, and I say to the providers today, nany of the associations that have been concerned about khis bill, that if they Want to gain credibility, more credibility wikh the public and parkicularly with the fanilies of cllenks, that it is extremely, extremely important that they are uubject to the same kind of scrutiny that State institutions are subject to. That is the only way ve can ensure the protectton of the clients in these facilities. And I say to them that While they certainly have a victory here in their eyes because they've nanaged to get the Governor to agree to a sunset, I Would hope that that sunset provision is not held over the current or the future Inspector General as a way of getting the Inspector General to ease off, because that's not what we want. What we wank is an Inspector General who is not threatened by the trade associations and by the large influential providers who have thus far succeeded in not making the Inspector General's position within the Department of Mental Health and Developmental Disabilities the kind of office that is going to truly protect clients.
PRESIDING OFFICER: (SENATOR MAITLAND) Don Kaiser of WclA-channel 3 requesks permission to videotape, and Seth Perlman of Associated Press requests leave to take still photos. Is leave granted? Leave is granted. Further diseussion? Senator Geo-Karis.
Sponsor yield for a question?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield, Senator Geo-Karis.
44 STATE OF ILLINOIS 89TH GENEQAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT I 66th Legislakive Day November l6, 1995 2 I understand that the bill as presently constituked in a I conference report will be for four years for the Inspector ! General? ,
PRESIDING OFFICER: (SENATOR MAITLAND) i Senator DeAngelis. SENATOR DeANGELISI ' ïes, till January 1st, 2000. PRESIDING OFFICER: (SENATOR MAITLAND) ! Senator Geo-Karis.
I understand also ehat if there is a conplaink made abouk any ' private provider for mental health cases, that the Inspector General will be allowed to go in and investigate any conplaink of - - of abuse or anything like that. PRESIDING OFFICER: (SENATOR MAITLAND) ' Senator DeAngelis. . SENATOR DeANGELIS: E The Inspector General is allowed to investigate a complaint of abuse by a community or private provider.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Demuzio.
Yeah. Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'd like to ask Senakor DeAngelis a question, if I may.
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Demuzio. '
Senator DeAngelis, I1m sorry I didn't hear the firsk part of your presentation. Did you represent this bill as to be a bill that came out of the Audit Commission? PRESIDING OFFICER: (SZNATOR MAITLAND) I Senator DeAngelis. I 45 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 SENATOR DeANGELIS: 1 ! No.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio. :
Well, 1et me just suggest and associate, I think, myself with the remarks that have been made by Senator de1 Valle. True i oversiqht means oversighk - means youdre not subjected to anyone. j Under this new provision, which is better than nothinge oversight l now is under the direction of the Director of Mental Hea1th. So it is unfortunate that we are curtailing the Inspector General's duties, but I quess this is better than nothing.
PRESIDING OFFICZR: (SENATOR MAITLAND) Further discussion? Senator DeAngelis, to close. SENATOR DeANGELIS: ! I just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall the Senate adopt the Conference I l Commitkee Report on Senake Bill 388. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted Who wish? Have all voted who wish? Have all voted who Wish? Take the record, Mr. Secrekary. On that queition, there are 56 Ayes, no i Nays, no Members voting Present. The Senate does adopt the Conference Committee Report on Senake Bill 388, and the bill, having received the required three-fifths najority, is declared ! passed. Senator DeAngelis, for what purpose do you arise, sir? SENATOR DeANGELIS: Just on a note of personal privilege. Seated in the gallery, ! and I would like for her to stand, is the new Inspector General, Pat Curtis. Pat... PRESIDING OFFICER: (SENATOR MAITLAND) l ! ...curtis, would you stand and be recognized. 46 STATE OP ILLINOIS 89TH GCNEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 SENATOR D l eANGELIS: Pat Curtis, our neW Inspector General. PRESIDING OFFICER: (SENATOR MAITLAND) I 2 Thank yous Senator. Supplemental Calendar 2, on the Order of Conference Comnittee Reports. Mr. Secretary, has there been a I ! Conference Committee Report filed on Senate Btll 721.
: Xes, Mr. President, a Second Conference Committee Report on Senate Bill 721. 1 PRESIDING OFFICER: (SENATOR MAITLAND) I ! Senakor Bomke.
Thank youz Mr. President. This bill covers a number of i different areas and parts, and I will briefly cover the parts for your informatton. Under enhanced penalties: It transfers to criminal court for carjacking automatic transfer ko adult court i for fifteen- and sixteen-year-olds charged with aggravated ! vehieular hijacking when committed with a firearm; transfer of ! thirteen- and fourteen-year-olds to criminal court for first degree murder in connection with aggravaked criminal sexual assault, criminal sexual assault and aggravated kidnapping. Mandatory life sentence requires a sentence of life imprisonment for a thirteen- to sixteen-year-old Who murders a child under ' twelve in connection with criminal sexual assault, aggravaked crimtnal sexual assault and aggravated kidnapping. Predatory criminal sexual assault covers defendants at least seventeen years ! o1d who sexually penetrate a person under thirteen. If the victim suffers great bodily harm that causes permanent disability or is life-threatening, the penalty is significantly enhanced from six i to thirty years, to fifty to sixty years, and because this is a I ! Class X felony, the defendant must serve at least eighty-five I percent of the time. Increases penalkies for marijuana - the 47 STATE OF ILLINOIS 89TH GENEAAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November 16, 1995 manufacturing, sale, dellvery, possession and trafficking thereof. Registration and notification of sex offenders, registration of 1 sex offenders - adds kidnapping and unlawful restraint of a person I under eighteen by someone other than a parent to the list of offenses for which registration is required. (Child) Sex Offender I Community Notification Law - allows for the public access to the names, addresses and conviction information of persons registered under the Sex Offender Registration Ac* for a sex offense I committed against a child under eighteen. The State Police wi1l develop a listof sex offenders and factlitieseligible to receive 1 the information. Local law enforcement will notify schools and child care facilities of offenders in their county or, in Cook ' County, either by their police district or township. Other law I 5 enforcement provisions include reporting dates of the Senteneing C I ommission. The Sentencing Commission established by ! i truth-in-sentencing legislation was required to report by March lsty 1996. Commission needs more time ko compile useful reports, ! so the reporting period ls extended to March 1st, 1997. On fiknesstostandtrialduetomedication-psychotropicmedicakion j may affect a defendant's abiliky to participate in his or her own I defense. As a result, defendants may not challenge their convictions on the basis of using such medication if the issue is i not raised before the conviction. Triennial-scheduled parole hearings - allows the Prisoner Review Board to reschedule parole hearings every three years rather than every year, if the Board determines upon denyin: parole that the -- it is unreasonable to expect parole would be granted before a scheduled rehearing. This simply reenacts a law passed in 1988 that was declared I unconstitutional by the Illinois Supreme Court. The U.S. Supreme i Court has recently upheld a California law, and the Board believes j kh i e courk Will consider tts opinion in light of this deciston. And last, the underground storage tank -- the -- imposes i 48 STATE OP ILLINOIS 89TH GENEKAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6F 1995 environmeneal impack fees of sixty dollars per seventy-five I hundred gallon tanker truckloads of fuel to be deposited in : ! underground storage tanks. Qhe yearly revenue is estimated to I generate about forty-six nillion dollars. Qhis legislatlon does a I couple of things. First, it prokects our children from predators 1 i that might prey upon them. In addition, ik will go a long way ko I clean up the environment and nok to lose sight of the concern of the snall businesses and individuals thak have been affected by j the depleked LUST Fund. Thank you, Mr. President. PRESIDING OFFICER: (SENATOR MAITLAND) I Is there discussion? Senator Madigan. ! ! END OF TAPC TAPE 2 I : SENATOR MADIGAN: i i Thank you, Mr. President. And With all due respect: I think 1 everyone knows What is incorporated in this legislation. Senator ' Bomke has done an excellent job of explaining khe legislation. I And with all due respect, I would move the previous question.
PRESIDING OFFICER: (SENATOR MAITLAND) The previous question has been moved. Let me indicate to you, 5 there are seven Members wishing to speak: Senator Carrollp Senator Molaro, Dunn, Shaw, Cullerton, Jacobs and Senator Raica. I Furkher discussion? Senator Carroll. i ! SENATOR CARROLL: i q Thank you, Mr. President. My question's really to the Chair as a parliamentary inquiry. Since this bill basically deals with I , sex offenses and notification and there is a Section on 49 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATZ TRANSCRIPQ 66th Legislative Day November l6, 1995 underground storage, is that germane to the rest of the bill?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Carroll, I'm prepared to make that ruling. The provisions contained in this Conference Committee Report are germane, as well as all relate to the same general subject mattere that beinq public safety. Senator Carroll. SENATOR CARROLLI So Ehak then, Mr. President, what the Chair is ruling, that it's okay to put LUST into sex. Thank you, Mr. President.
PRESIDING OPFICER: (SENATOR MAITLAND) Furkher discussion? Senakor Molaro.
Thank you, Mr. President. Wellp wedre stuck here again with a type of crine bill that has I don't know -- I wouldn't even count how many provisions in it, and obviously most of them are pretty good. There's a couple of new ones. And 1'11 be as brief of -- brief as I ean, 'cause I know we want to get home. One of which you should al1 take a look at rather quickly -- and naybe 1.11 do this real quick and then you can answer 'em one at a time. One you should look at comes way at the end and it has to do with electronic monitoring in the workplace - eavesdropping. Basically here's what this bill says: Right now in Illinois - say I own some telecommunication firm - right now in Illinois if -- if -- I have an employee that is goin: to call and try to talk somebody tnto buyinq a credit card. So you have the conversation between the employee and the prospective buyer of the credit card. Right now under Illinois law if I call and I1m an employeer I must kell this prospective customer thak I kant to record or nonitor the conversation. That's what you musk do now. What this bill doesw it allows the owner of the company with just the consent of the employee to tape and monitor the conversation without telling you, the customerz that theydre doing ik. Now, that opens up to a 1ot 50 STATE OF ILLINOIS 89TH GENEKAL ASSEMALY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6: 1995 of abuses. You can call somebody up; you could try to qet 1 somebody at eertain times of the day; say some things on there and catch 'em saying some pretty rotten stuff. Catch somebody at the wrong time, they mighk use fowl language. They could record your conversation. And you know what all -- the only thinq we have in the bill, it says that we cannot use it to prosecute someone. You can't turn it over to the State's attorney's office. But it doesn't say you can't sell it to Hard Copy if they catch one of our Members or one of our fanily members saying somekhing we shouldnlt. This is crazy khat we would allow someone to kape conversations of mine without letting me know that I'm being taped. That doesn't make any sense. 1'11 qo to one of the other parts - part about the notification law. Nobody is against notifying someone that there may be a sex offender living in and around your neighborhood. Who could be against that? But this isn't well thought out. It talks about the discretion of the police department. There's questions like: If we're worried abouk a child sex offender living wlth us, what about a child 1 murderer? Why aren'k we nokified about him? Why isn't that in the bill? What about a child kidnapper? Why isn't that in the bill? Then we have problens with if I own my home and now I'm notified thak a sex offender bought the house *wo doors down. Now I go to sell my place. An I under a duty to let somebody else know? When the word gets out that a sex offender just bought a l ! house two doors down, does that lower ny property values? Can I ; sue somebody? Does -- the broker under a duty to tell people? What are we qoing to do when all these things come up? If I buy a house and I'm not told and my child and beloved one is -- does ! ! sex, can I go and grab the person that told me the house -- sold I me the house and said you didn't let me know about it? All these i things aren't in the bill. I have no idea. Wedre going to leave it to the discretion of the police departmenE. Now, how often do 51 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSIQN SENAQE TRANSCRIPT 66th Leglslatlve Day November l6, 1995 you notify? So if I own a ten flat and there -- somebody one of my tenants, do I have to -- am I -- do I have to inform every tenant that the person tn 3A is a known sex offender? Do the police have to notlfy every nonth? To everybody in the neiqhborhood? Therels no provisions in this bill. It's not written well; it doesn't make any sense. Here we are again haphazardly jumping into something because of something that happened in the newspaper. We have to be responsible here. Everybody's against this. Everybody should know when a sex offender comes in. But we have to be responsible and nok willy-nilly make bills that make no sense and just throw it out to the publtc and say let the Supreme Court or the police departments figure this out. We should figure it out and we should take the time to do it. The last thing 1'11 bring up on the billr We are now making a part of the bill Ehat it's called automatic transfer. Right now if youdre fifteen, sixteen years old and you commit murder. youbre automatically tried as an adult. Now welre going to lower that age to thirteen. You commit murder, youdre automatically tried as an adult. Nobody likes a thirteen-year-old murderer. Welre all against that. It's horrible what's going on out there. I don't know where thirteen eame. How many studies? How many task force? Why not twelve? Why not ntne? Why not four years old? Where did thirteen come from? Was it willy-nilly again, just in response eo somekhlng some tragedy that happened? We have judges out there. Every thirteen-year-old that you could come up wikh in these horrible instances that committed some horrible murder, the judge will look at it; he/ll try them as an adult. The State's attorneys will ask them to be tried as an adult. Why do we, us ftfty-nine people, have to make that decision for some judge thatls elected by the people, that knows more about the 1aw or forgot more about the law than wedll ever know? That's what they do. Theylre judicial court judges. Let 52 STATE OF ILLINOIS 89TH GENSQAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 I them decide. Let them take it under advisement. After hearing ! all of the facts presented by the State's attorney, theydll decide if the thirteen-year-old should be put away without the possibility of parole, which is what this calls for. Thatls not correct; we're not doing the rtght thing here. But once aqain 1 we're stuck with sixty-five other good things. And I just think ! it's unfair and we should constder every part of this bill as a whole. Thank you. i !
PRESIDING OFFICER: (SENATOR MAITLAND) ! Further discussion? Senator Tom Dunn. SENATOR DUNN: 1 Thank you, Mr. President. I first became concerned with this i issue back ln March of 1994 and introduced a bill dealing with sex offenders and called for their registration for life and for I enforcing the fact that if they didnlt reqister that their -- their -- they could be revoked on their parole, and some of those ! things were adopted in legislation we passed this spring. This I i spring in March I introduced a -- a bill that really was a combination of the Washington state 1aw and the New Jersey laW ! dealing vith Megan's Law, concerning notification ko the public. Unfortunately, in August of this year, in my district, a : ten-year-old boy Was killed by an individual Who lived about two 1 1 miles from my own home, and that individual is chargeds of course, with murder. The individual Who committed this offense was : twenty-seven and had been incarcerated on a twenty-five-year ! sentences served twelve years and got out. And he was in for murdering a five-year-old child. This bill is not perfect, as you ! ( will hear in the debate,but ik is a skep in the right direction, 1 and I join Senator Bomke in an attempt to create a valid qood I system. It could be better. It doesn't cover the situatton that occurred in my district because it doesnlt have in the offense of I first degree murder of a ehild. I wish that were in; it's not in. 53 STATE OF ILLINOIS 89TH GENEQAL ASSEMBLX REGULAR SBSSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 I1m not totally sold on the notification plan that's in there, but it's a step. We can modify these next year if we have to. This is a tragedy. We a1l know that. This is an attempt to do somethinq about it - something meaningful, to protect children. urge an Aye vote.
PRESIDINC OFPICER: (SENATOR MAITLAND) Further discussion? Senator Raica.
Thank you , Mr. President and Members of the General Assembly. This bill before us is actually going to be very difficult to vote against, only because it's been such of an issue throughout the State of Illinois, and not really in any specific area more than another, but actually khroughout the State of Illinois. So, number one, every -- obviously it's goinq to be very difficult to -- to vote against. However, there are, I would hope, an attempt by khe General Assembly to maybe go a step further next year in actually putting in safeguards. And let me jusk explain why. After looking at the bill, number one, Senator Molaro staked that the onus is almost put on law enforcement or local police officials. I would have a tendency to disagree respectfully and say that the onus tsn't put on the local poltce officers or the State Police officers: but actually on the offender. And 1et ne just give you ny reasoning why. On page 2, line ll, Section 110, it states, ''Registration. At the time a child sex offender reglsters under Section 3 of the Sex Offender Registration Act or reporks a change of address under Section 6 of that Acta the offender shall notify the 1aw enforcement agency having jurildkction wkth whom the offender registezs or reports a change of address that the offender is a child sex offender.' Looklng at the Code under Section 3, it states: Duty to register. Any child sex offender - any ehild sex offender - shall register within thirky days of his coming into the county: any county, in which he 54 STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 resides or temporarily domiciled for more than thirty days, register with the chief of police of the municipality in which he resides, or in the event no police chief exists or if he resides in an unincorporated area, he shall register with the sheriff of that county. My concern, Ladies and Gentlenen of the Senate, is that when you're dealing wikh sex offenders, number one, these are people who are repeat offenders, almost automatically, one, and two, they're beyond rehabilitation. So the next kime you probably ever hear of khis offender he has committed his second or third or fourth sex crine against a child. The problem that I have is that the -- when he is discharged from prison, we're taking on the onus that he will in good faith register himself with a police agency when he decides to move into some part of this State. My problem is, he probably will never ever do thatz 'cause wedre asking hin to be a stand-up tndividual. Aetually, might as Well just have him raise his right hand and promise not to commit ang sex crines, and we know that wonlt happen. But my problem isr why Corrections, in my opinion, should be involved is Corrections should at least make notification to the State Police and State Police to a: least uniks of local governmenEr but at leas: even if the State Police were notified by Corrections that an kndividual who has committed a sexual assault or crime against a chlld is immediately notified that he or she is being released from prison. And the only reason I'n saying that is I do not feel the offender is going to be an individual wlth character, number one, and will onusly <sic> go up to an individual of the 1aw enforcement and state that he is being released from prison. So alehough ehis is a -- a very emotional - if I ean use that word - bill, my concern is that we have not put a safeguard in this leqtslation in allowing and I hate to give Corrections another phone call to make - but someone has ko know thak khis individual has been discharged from prison and is out among the population of this 55 STATE OP ILLINOIS 89TH GENEDAT: ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 State of Illinois. I do rise in support of this bill; however, I do hope the General Assembly comes back in -- in January and at least puts a check and balance system in place, 'cause my fearw as we have read in the newspapers: there are not a 1ot of parole officers throughout this State to even watch over these individuals more or less have this person go and report to, and I hope that this person doesn't fall through the cracks, and I would hope that we would prevenk that from happening.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Jacobs.
Thank you, Mr. Presidentz Ladies and Gentlemen of the Senate. First of all, may I be the first ko wish you al1 Merry Christmas. We have been delivered our firsk present today in the way of Senate Bill 721. It's an important bill. It's one that wedre al1 ! concerned with. Couple questions of the sponsor if he would I yield . PRESIDING OFFICER: (SENATQR MAITLAND) . Senakor Bomke. Indicates he will yield, Senator. SENATOR JACOBS I : 4 Senator, when We discussed this bill when it went out and we ! made it a shell bill, I think we asked whether everything would be in this bill when it eome back that was in the prevtous bill. I I l think your response was one I thought was pretty good and you -- j and I cut myself off right after that because I had to chuckle - Was you said take a good Republican's word on it. Is everything in this today that was in it before it went to another eonference 1 committee report? I
PRESIDING OPFICER: (SENATOR MAITLAND) Senator Bomke. !
Senator, there -- there were sone technical thinqs that had to 56 STATE OF ILLINOIS 89:H GENENAL ASSEMBLY REGULAR SESSION SENATE QRANSCRIPT 66th Leqislative Dag November l6, 1995 be Worked out in that previous bill of two days ago. I Would not impugn your intelligence by taking you word for word, paragraph for paragraphy or page for page through it. But the bill I would ask that you look at the merits of the bill today and vote on that bill. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.
Well, first of all, it's my understanding that ln Conference Committee Report No. there was a provision that would have required each prison inmate getting nonemergency medical or dental services outside of the prison to make a two-dollar co-payment to the Department of Corrections to help defray those eosts, which think is a good deal. That evidently was taken out. Can you tell ne why that might have been taken out?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bomke.
Thank you, Mr. President. Qhe House has a similar bill that's moving, probably as we speak, Wtth that in it. Thatfs Why that was removed from this bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs. SENATOR JACOBSk One nore question, then 1$d lkke to have a closing comment. It's my underskanding - and correct me if I'm wrongp Senator Bomke - that the State Police have indicated that they cannot participate in this because they cannot afford it. Is that correct?
PRESIDING OFPICER: (SENATOR MAITLAND) Senator Bomke.
57 STATE OF ILLINOIS 89TH GENEDAT, ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT ! I 66th Legislative Day November l6z 1995 I I'm not aware of it. 1 .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.
Wellr khat's -- that's an understandin: I had. It's unfortunate, Senator Bomke, 'cause we are going home today. I ! know that this is a very important bill. I plan on votin: Yes with you on it, but I think maybe there Was a lesson to be learned : in this bill, or maybe some truth in this bill. Whenever you said, 'Take a good Republican's word on 1t; everything's going to ! be in there' v I think that you should ensure in the future that it is in there or at leask not put forth the good Republiean word. r Thank you. PRESIDING OFFICER: (SENATOR MAITLAND) I Purther discussion? Senator Cullerton. SENATOR CULLERTON: ' Thank you, Mr. President: Members of the Senate. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR MAITLAND) ! Indicates he will yield, Senaeor Cullerton.
Senator Bonke, in the -- in the Judiciary Committee, the Municipal League indicated thak they were opposed to a portion of I the bill because it would impose some costs on local governments. Is the State Mandates Ack Waived in this bill?
PRESIDING OFFICER: (SENATOR MAITLAND) SenaEor Bomke. '
Thank you for the question. It is a good question. The mandate is not waived in this particular case. There is some concern about ehe law enforcenent's involvement. Discussions are I E - - are on -- still ongoing. 58 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TKANSCRIPT 66th Legislative Day November l6, 1995
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cullerton. j i
I see. So wedre -- the discussions are ongoing, but in the I meantime wedre going to pass this bill and the Governor's going to sign it, and the additional cost to local government will be mandated by the General Assembly. I would just like to speak more or less to the procedure by Which we come to this vote. And I think it's unfortunate, because there are people -- majority -- ! overwhelming majority of the people in the Senate have already voted for the LUST Fund tax increase and -- and it's passed the I Senate, and I think that there's no question that a majority of the Senate overwhelmingly would support most of the criminal law q provisions that are here. But I believe that this bill will not become law, unfortunately, because of the way in which it was packaged. I believe that this is one of those rare cases where the Supreme Court will decide that this is violative of the l ! Conskikution. And it's unforkunate thak ik has to happen thak ! Way. The reason for that is because this particular case is so clear khat it violates the single subject rule of the C ! onstitukion, which is Article IV, Section 8(d). The cases are -- I are very clear. What -- what theydve said in khe past -- the Supreme Court has said thak you cannot pass legislation by I i ; combining kwo different bills in one bill, which standing alone could not muster the necessary votes for passage. And that's I indeed what happened in the House with the LUST bill. Here 's the ! roll call. The bill was called; it lost 42 to 6l. So they I couldn't pass it in the Housey so they came back here, put the ! LUST bill in with the criminal law bill and said it had something to do With public safety, which, when you think about it: every 1 bill that's introduced could say that it has to do with public safety. And so there's -- ik makes a mockery of the single 59 STATE OF ILLINOIS 89TH GENENAT,ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l6, 1995 subject rule. So what's going to happen is this is going pass, there's going to be a lawsuit filed, probably by the Democratic Leader in the House, there's going to be an injunction, and the -- the tax, if collected, is probably going to go into an escrow until the -- the Supreme Court decides. And the Supreme Court has said in in a recent case dealing with Mccormick Place kax that they think that the General Assembly has become very lax in following the Constitution, and they didn't overturn khat particular case, but they said that if the General Assembly continues its poor record of policinq itself, we reserve the right to revisik this issue on another day and decide the continuing propriety of ignoring this constitutional violation. So I think what's unfortunate is that because of the politics over in the House, this -- these -- both of these bills are goinq ko never become 1aw because of the way in which it was packaged. It's unforkunate. We should pass the criminal law bill separately; we should pass the LUST bill againg and let the House deal with it. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Further discussion? Senator Bomke, you wish to close, sir?
Thank you. I just want to clarify something that was fndicated earlier. My conments of two days ago -- I want to clarify my comments. I did not say that everything that was in that bill would be in this bill. What I dld say was, this would be a bekter bill, and I believe it is. I believe this bill epitomizes what wedre here this fall Veto Session to do. It will go along way in protecting those that are -- that we cherish. I have a thirteen-year-old daughter, a nine-year-old son. There's nothing more important to me, and know ko you, than ouE children. This will go along way in protecting them against the 60 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day Nozember l6r 1995 predators that might prey on them. It Will also protect the environment that they will live in for years to come. In addition, we don't want to lose sight of the fact of the many businesses, particularly small businesses, that are suffering because there's no money in the LUST Fund. It doesn't discrininate. It affecks businesses from Chicago to Cairo. There are businesses and individuals who have gone bankrupt. Some of them are on the verge. Many of them are holding their breath, waiting for our vote. This is a good bill and I Would urge you to concur with ik. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) The queskion is, shall the Senate adopt the Conference Committee Report on Senate Bill 721. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 49 Ayes, no Nays, 7 Members voting Present. The Senate does adopt the Conference Comnittee Report on Senate Bill 721, and the bill, having received the required three-fifths majority, is declared passed. First bill. Congratulations, Senator Bomke. Messages from the House, Mr. Secretary.
Message from the House by Mr. McLennand, Clerk. Mr. Presidenk I am directed to inform the Senate that the House of Representatives has adopted the following joint resolutionr in the adopkion of Which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 77. (Secretary reads HJR No. 77) Adopted by the House, November 16th, 1995.
PRESIDING OFFICER: (SENATOR MAITLAND) Senakor Weaver moves to suspend the rules for the purpose of 61 STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November 16, 1995 the immediate consideration and adoption of House Jolnk Resolukion Those in favor will say Aye. Opposed : Nay . The Ayes have ik. The rules are suspended. Senator Weaver noW has moved for the adoption of House Jolnt Resolution 77. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and Ehe resolution is adopted. Ladies and Gentlemen, let's just stand by for a few Resolutions.
Senate Resolution 127, offered by Senator Demuzio. It's a death resolukion, Mr. President.
PRESIDING OFFICER: (SENATOR MAITLAND) Consent Calendar. Al1 right. Ladies and Gentlemen, we will noW proceed to the Order of Resolutions Consent Calendar. With leave of the Body, al1 of those read in today will be added to the Consent Calendar. Mr. Secretary, have khere been any objeckions filed to any resolution on the Consent Calendar?
No objections have been filed: Mr. Presldent.
PRESIDING OFFICER: (SENATOR MAITLAND) If not, the question is, shall the Iesolutions on the Consent Calendar be adopted. All those in favor: say Aye. Opposed, Nay. The motion carries, and khe resolutions are adopted. Introduckion of Bills.
Senake Bi1l 1247, offered by Senakor Hendon. (Secretary reads title of bill) Senate Bill 1248, offered by Senator Mahar. (Secretary reads title of bill) And Senate Bill 1249, by Senakor O'Malley. (Secretary reads title of bill) lst Reading of the bills.
PRESIDING OFFICER: (SENATOR MAITLAND) 62 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 66th Legislative Day November l6, 1995 I All right. Ladies and Gentlemen, any further business to come before the Senate? If not, pursuant to the adjournment resolution, the Senate stands adjourned, and wish all of you a very happy holiday season. 1 l ! ! 63 REPORT: TIFLDAY STATE OF ILLINQIS 95/12/20 PAGE: 001 89TH GENERAL ASSEMBLY 10:28:34 SEHATE DAILY TRANSCRIPTION OF DEBATE INDEX NOVEHBER 16, 1995 HB-0122 CONFERENCE PAGE 83-0122 CûXFERENCE PAGE HB-0122 0PT OF RECORD PAGE HB-O211 COHFERENCE PAGE HB-054# VETO ACTION PAGE HB-0901 COHFEREKCE PAGE BB-112: IHIRD READING PAGE H8-1868 CONFEREHCE PAGE 58-0388 CONFERENCE PAGE 58-0598 COKCDRRENCE PAGE SB-0T21 CONFERENCE PAGE SB-IIRO CQNFERENCE PAGE SB-1247 FIRST READING PAGE SB-12R8 FIRST READIVG PAGE SB-12k9 FIRST READING PAGE SR-012T RESOLKTIOH OFFERE: PAGE HJR-00T7 ADOPTED PAGE HJR-OO77 RESOLUTION OFFERED PAGE SVBJECT MATTER SENATE T0 ORDER-PRESIDENT PHILIP PAGE PRAYER-THE REVEREND GERRY COMSTOCK PAGE PLEDGE OF ALLEGIANCE PZGE JOPRNALS-POSTPONED PAGE HESSAGE FROX THE HOUSE PAGE COMHITTEE HEPORTS PAGE SENATE STANDS AT EASE PAGE SENAXE RECONVENES PAGE CGMMITTEE REPQRT PAGE SENATE STANDS IN RECESS PAGE SENATE RECONVENES PAGE COHMITTEE PEPORTS PAGE MESSAGE FROH THE HOUSE PAGE RESOLVTIOKS COKSENT CALEKDAR-ADQPTED PAGE ADJOPPNMENT PAGE P