Senator Mahar, Chair of the Committee on Environment and Energy, repcrts Senate Amendment to House Bill 2515 Be Adopted. Senator Fawell: Chair of the Committee on Transportation, reports Senate Amendment l to House Bill 739, Amendment 1 to House Bill 2294, Amendnent to House Bill 2916, Amendments 4 and to House Bill 3436 a11 Be Approved for Consideration; and Senate Amendment -- or, Senate Bill 315 -- or, 1315, the Motion to Concur with House Amendment Be Adopted. Senator Cronin, Chair of the Committee on Education, reports Senate Joint Resolutton 94 Be Adopted; Senate Amendment to House Bill 1684, Amendment 2 to House Bill 2230, Amendments 2 and 3 to House Bill 2664: and Amendment to House Bill 3426 a11 Be Adopted.
Messages from the House. SECRETAR? HARRY: Message from the House by Mr. McLennand, Ckerk. Mr. President - am directed to inform the Senate that the House of Representatives has passed a bill of the following title to wit: Senate Bill 350: together with the following anendments, which are attached, in the adoption of which am instructed to ask the concurrence of the Senate, to wit: House Amendments 1, 2 and 3. We have like Messages on Senate Bill 542 With Amendment 1: Senate Bill 825 with Amendment 1, Senate Bill 1279 with Amendment Senate Bill 1448 With Amendment 1, Senate Bill 1459 With Amendnent 2, Senate Bill 1473 with Amendments l and 2, Senate Bill 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 1544 with Amendment Senate Bill 1546 with Amendment 1, Senate Bill 1604 with Amendment 1, Senate Bill 1691 gith Amendment 2, and Senake Bill 1696 with Amendmen: 1. All passed the House, as anended, May 8th, 1996.
Senator Geo-Karis, for what purpose do you rise? May have your attention, please? Evidentlyr some of the microphones are not workin: for some reason. It seens to be on our side of the aisle you 'll like that. I'd like to announce a Republtcan Caucus ny office. Hopefully, we will be back here no later than 10:15. Our intentions: Wpuld go to 2nd and 3rd Readlngs. Hopefully, we'11 get out of here earlier today. Is there a request fron the other side of the aisle? Okay. The Senate stands at ease untkl 10:15 a.m. (SENATE STANDS AT EASE) (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR WATSON) The Senate will cone to order. Secretary, Resoluttons.
Senate Resolution 208, offered by Senators Collins, Smith and a1l Members. Ie's a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Consent Calendar. Senator Woodyard, for What purpose do you rise?
Thank -- thank you: Mr. President, Members Of the Senate. Por STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 purposes of an announcement. would like the record to show that Senator Bob Madigan is absent today due to illness, or mushrooming, or golfing, or something like that. But anyway, Bcb does have a touch of pneumoniar and I'm sure will be back With us next week.
PRESIDING OFFICER: (SENATOR WATSON) Thank you, Senator Woodyard. ...intenticn of the Chalr to go to page 7 on the Calendar, House Bills 2nd Readlng. Senator Demuzio, for what purpose do you rise? Senator Demuzio.
Thank you, Mr. President. . My light was onz wasn't it?
PRESIDING OFFICER: (SENATOR WATSON) Yes, sir. was trying to get your attention.
I know you Were, and I'm delighted that you did. I have some special guests in the gallery I'd like to recognize, if I may.
PRESIDING OFFICER: (SENATOR WATSON) Certainly. Proceed.
on the other side of the aisle, there is a group of students from Jerseyville, who represent the student council froa Illini Jr. College, with their teacher, Larry Decker. And also, another special guest is also with us today. Representative Tom Ryder's son happens to be a member of that group - Tim. So I would like to have them recognized by the Senate, if I might. PRESIDING OPPICERI (SENATOR WATSON) Wellr would our guests please rise? And Welcome to the Senate. Senator Demuzio.
I -- I must have college on my mindr so said college. They're not quite that old yet. It's junior high.
PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9: 1996 Very qood. Senator O 'Danielz for what purpose do you rise?
Just a minute.
PRESIDING OFFICER: (SENATOR WATSON) Senator O 'Daniel.
Mr. President and Members of the Senate -- Senate, have some very special guests here today with me from Mount Vernon. Theyfre Youth in Governnent. We have the Xouth in Government Secretary of State, Cheryl Glenn, here. Cheryl, hold up your hand, please. have the Youth in Governnent Speaker of the House, . shane Smith, from Mount Vernon; Youth in Government Committee Chair, Alison Rhein, from Mount Vernon; and Youth in Government Committee Chalr, Jeff Wlmberly. These are a1l Youth in Government and they 're a11 from Mount Vernon, and we dre very proud of them. The President of the Senate: Mr. Knapp, couldn't be here today. And We also have their advisor here, Mr. Stubblefield. Let's a1l give them a round of applause and welcome them to the Senate. Thank you very much.
PRESIDING OFFICER: (SENATOR WATSON) Thank youz Senator O 'Danlel. Welcome to the Senate. Senator Jacobs, What purpose do you rise?
Just a matter of information, Mr. President. Vince Demuzio will be graduating from his master's degree this Saturday -- will be getting his master's, and thlnk that that deserves a big hand .
PRESIDING OFFICER: (SENATOR WATSON) Congratulationsr Senator Denuzio. We Will noW proceed on page of the Calendarr House Bills 2nd Reading. We begln With House Bill 2515. Senator Weaver, do you Wish to have your bill called? Senator Weaver? Senator Weaver on the Floor? Mr. Secretary, please read the bill. 5 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 SECRETARY HARRY: House Bill 2515. i (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted Amendment No . 1. PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments approved for consideration? SECRETARY HARRY: Amendment No. 3, offered by Senator Weaver. PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver, on Amendment No . 3. SENATOR WEAVER: - Thank you, Mr. President. Amendment No. 3 to Senate -- House Bill 2515 would exempt some of the key telephone systems not used in centrex and P3X. It's kind of a technical amendment. But 1et me say that AT&TZ Ameritech, GTE, and the Illinois Commerce Commission are all okay on this amendment. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, al1 those in favor of adoptin'g Amendment No. 4 -- I beg your pardon, Amendment No. 3 to House Bill 2515 -- a1l tn favcr, say Aye. Oppased, Nay. The Ayes have it. The amendment is adopted. Are there any further amendments? SECRETARY HARRY: No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2927 is Senator Madigan, who's 1 i absent. House Bill 3128. Senator Butler. Senator Butler on the I I Flcor? Ou* of the record. House Bill 3349. Senator Dudycz. Senator Dudycz on the Floor? Out of the record. House Bill 3380. Senator Philip? Out of the record. Senate Bill -- House Bill 6 ! i STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9: 1996 3426. Senator Parker. Mr. Secretary, please read the bill. i
House Bill 3426. , I (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any Eloor amendments that have been approved for consideration?
Amendment No. 1, offered by Senator Parker.
PRESIDING OFFICER: (SENATOR WATSON) .senator Parker, to explain the amendment.
Tbank you, Mr. Presidentz Ladies and Gentlemen of the Senate. This actually is an agreenent with the SCOPE, and Schcol Management Alliance, and the Legal Aid lobbyists, and Department of Public Aid. And we have add in -- added into two additional definitions for legal custody, which takes in thelr concerns about public aid people and about the adults who take in children but are actually assumln: and exercising legal responslbllity for them. So I would ask for a favorable agreement.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Parker moves the adoption of Amendment No . 1 to House Bill 3426. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. i Have there been any other Floor amendments approved for 1 consideration, Mr. Secretary?
No further amendments reported. i PRESIDING OFFICER: (SENATOR WATSON) k i 3rd Reading. House B#ll 3520. Senator Parker. Out of the i record. House... ...intention of the Chair to noW proceed to 7 S STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i I 104th Legislative Day May 9, 1996 page 3 of our Calendar. House Bills 3rd Reading, page 3. There on page 3, right in the middlez We have House B(11 22. Senator Rauschenberger? Senator Rauschenberger. Out of the record. House Bill 24. Senator Karpiel? Out of the record. House Bill 115. Senator Dudycz. Out of the record. House Bill 431. Senator O 'Kaltey? Senator O 'Malley? Out of the record. House Bill 456. Senator Rauschenberger. Senator Rauschenberger on the Floor? Out of the record. Senate -- House Bill 527. Senator DeAngelis? Out cf the record. Proceed on page 4. Top of page 4, We have House Bikl 545. Senator Cronin. Out of the record. House Bill 748. Senator Cronin. 0ut of the record. House Bill . 739 is on the Recall. Senator Hawkinson, do you Wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Hawktnson seeks leave of the Body to return House Bikl 739 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. And on the Ordel of 2nd Reading now is House Bill 739. Mr. Secretary; are there any Floor aiendments approved for consideration? SECRETARY HARRY: Amendment No. 1, offered bv Senators Hawklnson and Philip. PRESIDING OFFCCER: (SENATOR WATSON) Senator Hawkënson. SENATOR HAWKINSON: Thank youy Mr. President. Amendment No. 1 creates the Wildlife Prairie Park license plate. Provides for a forty-dollar fee for an applicant, in addition to the regular registratlon fee. Of this forty dollars, tWenty-five dollars would be deposited into the Wildlife Prairie Park Fund, and the remaining fifteen dollars to the Secretary of State's Special License Plate Fund to be used to defray the administrative expenses. Wildlife Prairie Park is located in Peoria County, just west of Peoria. It ls a nature park; a first-rate park that Bill Rutherford Wishes to donate to 8 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 the State. This would allow us to move forward in -- in that endeavor. It's an initiative of Lieutenant Governor Kustra. And I would ask for Ehe adoption of Floor Amendment No. 1.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If noty a11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR WATSON) 3rd Rqading. House Bill 885. Senator Cronin? Mr. Secretary, please read the bill.
House Bi11 885. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 885 passed out of the House l06 to nothing; passed committee 9-0, with voting Present. This amends the Intergovernnental Cooperation Act, Municipal Code and the Code of Clvil Procedure. It adds two Sections to the these Acts to allov for the creation of a risk-management entity entered into between units of local qovernment which have established joint self-knsurance. Such entity which has at least five million dollars in assets may make certain financial investments and must follow certain guidelines and procedures. also allows nunicipal treasurers to join together to invest munictpal funds. Lastly, the bill qives quick-take authority to the Village of Rlver Forest within a TIF district. ask for your favorable 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leg.islative Day May 9, 1996 consideration. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall House Bill 885 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted Who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 53 voting Yes, voting No, no voting Present. House Bill 885, havin: received the required constitutional majority, is declared passed. House Bill 995. Senator Cronin? Out of the record. House Bill 999. Senatpr Cronin. Out of the record. House Bill 1249. Senator Hawkinson? Out of the record. Hcuse Bll1 1684. Senator Parker. I understand that is a recall. And, Senator Parker, do you seek leave of the Body to return House Bill 1684 to the Order of 2nd Reading for the purpose of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1684. Mr. Secretaryr are there any Floor amendments that have been filed?
Amendment No. 2, offered by Senator Parker. PRESIbING OFFICER: (SENATOR WATSON) Senatar Parker.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. just technical. It actually gives more flexibility to Ehe boards - executtve boards - so that they can choose how many school board members or superintendents, if they choose, to have on the executive board .
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, al1 those in favor, say Aye. Opposedr Nay. The Ayes have and the amendment is adopted. Any further Floor amendments approved for ccnsideratlon? 10 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aay 9, 1996
No further amendments reported.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2230. Senator Cronin? Senator Cronin seeks leave of the Body to return House B111 2230 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading House Bill 2230. Mr. Secretaryr are there any Floor amendments approved for consideratlon?
Amendment No . 2, offered by Senator Cronin.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
Mr. Presidenty I'd like to make a motion to table Ccmmittee Amendment No. just just for çlariflcation.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin moves to table Flocr Amendment No . -- beg your pardon, No. 1. Senator Cronin moves to table Committee Amendment No. All those in favor, say Aye. Opposed, Nay. The Ay'es have and the amendment is tabled. On Amendment No. 2, Senator Cronin.
Thank you, Mr. President, Ladies and Gentlemen cf the Senate. House Bill 2230 is a -- is a bill that represents the culninaticn of several years of work of a uhole host of interest groups, representatives and devoted parties. Most notably, those that found most persuasive in this effort were the parents and families with disabled children. They Were very much a part of this effort, and -- and this is the product of their effort. House Bill 2230 simply replaces or in a nutshell, replaces the existing two-step due process hearing system for the placement of 11 ' ! : I STATE oF ILLINOIS i : 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 special ed students with a new one-step process. The amendment this amendment rewrites the blll in its entlrety, but makes only three substantive changes. Number one, it moves back the date when the new one-step hearing process Will beglnr from January 1r 1997 to July 1997. Twoy lt removes the reference to sexual orientation in the language that allows hearing officers to be fired for manifestin: a bias against certain groups of people. And three, it gives each party to the hearing the right to one substitution of a hearing officer. As I say, a 1ot of work went into this. We had bipartisan suppcrt in committee. And I ask for your favorable consideration. PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Cullerton. SENATOR CULLERTON: Yes. Would the sponsor yield? PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Cullerton. SENATOR CULLERTON: Could you explain to me, again, the significance of the change with regard to the -- the sexual orientation language? PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin. SENATOR CRONIN: There Was some concerns raised that this may establish certaln rights and lt really was not crucial or vital to the main thrust of the bill, so we slmply deleted EhaE portion. We didn't want to get into another battle about another issue that raises a lot of emotions. We wanted to take care of the matter at hand. PRESIDING OFFICER: (SENATOR WATSON) Further discusslon? Senator de1 Valle. SENATOR dEL VALLE: Well, thank you, Mr. President. Senatorr we we informed STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SEHATE TRANSCRIPT 104th Legislative Day May 9, 1996 your staff, and I think that some of the groups that have been working on this bill with you talked with you, about the need for a technical amendment. We think that there was an error made in the drafting, in terms of the numbering of the Sections. And there was an amendment put together. And I know that with a technical amendment in the past, it can come to -- from Rules straiqht to the Floor, and there wouldn't be any objection on this side if we acted on that tecbnkcal amendment. Will you be able to do that?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
I spoke to one of the individuals that is a proponent of this technlcal change. -- I don't -- I'm not opposed to In fact, I -- I'm supportive of the change. My concern as the sponsor of this legislation was that this is such a delicate issue and been worked on for so long, by so many people, that would like to address the technical change in some sort of follow-up legislation and not jeopardize this bill. Itfs a small change, and I don't thlnk has any material impact on the -- the substantive rights and due processes that are established for special ed cbildren. It is technical in nature; therefore, we can address I think, at a later date, and not jeopardlze the main thrust of this bill.
PRESIDING OFFICER: (SENATOR WATSON) senator del Valle. SENATOR dEL VALLE: Senator Cronln, I just dcn't see how it could jeopardize the bill, because we're talking about a technical amendment that would come back to the Floory that We would get out of the way very easily. I -- frankly, I cannot vote for the blll unless we make that technical changey because I'm concerned that because of STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 the technical error in the numbering, we might be adversely affecting another part of that Section of the Statute. And so, I - - really think that because doesn't have to go to committeez that we would have the time to do it, and it certainly wouldn't -- open it up for -- for further debate ln committee. So I would -- would hope that We could be able tc put that technical amendment on right away, and then be able to act on the bill.
PRESIDING OFFICER: (SENATOR WATSON) Further discusslon? Senator Donahue.
. .. you, Mr. President. have a question of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates hedll yield, Senator Donahue.
Senator Cronin. apologizer 'cause I may be talking about the bill and not the #nendment. But does this have -- does -- in this hearing process, does require attorneys for the school board or *he -- and for Ehe individuals that are involved in this hearing process?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.
Senator Donahue, your question ls a good one. The main intent behind this bill and behind the proponents and the interest groups and the families of children wlth disabilities was to minimize lltlgatlon, to minlmize *he need for atEorneys, to make it less costly, less burdensome, and yet, make a more fair process that this families would have more confidence ln the -- the outcome and the -- and the deternination of the hearing . There's a mediation level, then the hearing -- due process hearing . You 're not required to have an attorney, no. The only time that you would probably entertain havin: an attorney, or a need for ët, is STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 if you are not satisfied with the judgement of the hearing offlcer and you want to appeal it to the Circuit Court. But you don't -- you 're not required to have an attorney in this new scheme. So the answer to your question is no.
PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.
Well, thank you. Just for -- since wedre at the amendment level on 2nd Reading, 1'11 discuss this more With the Senatcr and work out the differences. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Collins. .
Senate -- Senator Cronln, are you -- do -- is it is -- it is - - it's your intent to move the bill back for the purpose of amendment and thep -- vcting on it today? Or are we going to walt until next week? I
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin. SENATOR CRONIN: . We -- We can't vote it out today. No.
PRESIDING OFFICER: (SENATOR WATSON) Senator Collins.
So, then, if Senator de1 Valle passes -- I mean, get his I amendment - the Eechnical amendment - we wouldn't even have Eo go to comnittee, but just to get together right here on tbe Flocr and adopt lt as a committee amendment. Couldn 't you move the bill just as easlly next week With the technical change? I don't think anyone objects to that, and I thlnk ik would be better if -- lf a1l of tbe work that went into this b1l1, if we could, in factr move together with the bipartisan support and no problems with it. 15 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 I So if -- if it poses a problem, I think it can be resolved very simply. We don't have to call a special committee to do a : 1 technical and a posting and a11 of that. But you can just stand i on the Floor, and call your people together and adopt the technical amendment and -- and move the bill out next week. PRESIDING OFFICER: (SENATOR WATSON) Further discusslon? Senator Cronin, would you wlsh to close? SENATOR CRONIN: . Thank you. As 1 potnted out earlter, this bill is a culmlnation of years of work. We had a lonq hearlng, tWo separate hearings, where we entertained lengthy debate and discussion. At the end of the hearing, the second hearing, yesterday, one . individual came up to me, after it was all over and we were walklng out of the hearing room, and saidz ''Oh! By the way, here 's somethlng thak you may want to consider. It's a technical thing; it's not a big deal. Can't you just do it and put it on there?' Well, there's a lot of /eople that are anxlously awaitlng this bill, and -- and there's a qreat need for it. And unless some of my colleagues from the other side of the aisle -- I didn't hear them offer any compelling reason, if they have some speciflc knowledge about what this technical amendment will or Will not doz other than the fact that this is an effort to slow down the bill. I -- I just Would like to move forward and ask for your favorable consideration. PRESIDING OFFICER: (SENATOR WATSON) . A11 khose in favor, say Aye. Opposed, say No. The ayos have it, and khe amendment is adopted. Any further Floor amendments approved for conslderation? SECRETARY HARRY: No further amendments reported, Mr. President. ' PRESIDING OFFICER: (SENATOR WATSON) . 3rd Reading. WclA-channel 3: out of Champaign, requests 16 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 permission to vldeotape. Leave is granted. House Bill 2250. i Senator Walsh. Out of the record. House Bill 2294. Senator Mahar? Senator Mahar wishes to have leave of the Body to return Senate Bill 2294 to the Order of 2nd Reading for the purpose of an amendment. Hearin: no objection, leave is granted. On the Order of 2nd Reading is House Bill 2294. Mr. Secretary: are there any Floor amendments approved for consideration? SECRETARY HARRY: Amendment No. 1, offered by Senator Mahar. PRESIDING OFFICER: (SENATOR WATSON) ! l Senator Mahar. ! SENATOR MAHAR: . I Thank you, Mr. President and Members. Floor -- Floor Amendment No. 1 becomes the bill. Citizens Utilities of Illinois aspires to serve conmunities in the southwest suburban metropolltan Chicago area with Lake Michigan Water. They Wish to be regulated by the ICC . They Want to be regulated as a common carrier by pipeline in order to take advantage of eminent domain powers and tax-free financing that is available to common carriers by pipeline. I know of no objecttonsr and I Would ask -- move that the amendment be adopted. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, a11 those in favory say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for conslderation? i SECRETARY HARRY: E : ; No further amendments reported. i ! PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . House Bill 2338. Senator Cronln? Out of the record. House Bill 2524. Senator Bomke? Out of the record. House Bill 2529. Senator Hawkinson. Senatcr Hawkinson? Out of ' the record. House Bill 2593. Senator Cronin. House Bill 2596. j , ! i 17 . ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 Out of the record. House Bill 2616. Senator Maitland? Out of the record . Hcuse Bill 2621. Senator Hawkinson. Mr. Secretaryr please read the bill.
House Bill 2621. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.
Thank you, Mr. President. House Bill 2621 amends the Counterfeit Trademark Act by redefinin: certain words and creating a graduated sentencing scheme. There was some objection from the Bar Association to what Was perceived to be a duplicate civil penaltles Section. So by amendment that was adopted yesterday, the -- Section 7, civil penalty Sectionz was removed. We believe that there are a number of existing clvil remedies available to persons who are aggrieved by this Act and that that Sectlon isn 't necessary. Be happy to answer any questions; otherwise, urge the approval and the passage of House Bill 2621, as amended.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Dillard.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFPICER: (SENATOR WATSON) Sponsor indicates he'll yield, Senator Dillard.
Senator Hawkinson, I note that, by the Floor amendment, you 're eliminating the civil remedies Sectlon of the Act. Are there any, I guessr civil remedies available to victins of counterfeiting left? 18 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislattve Day May 9: 1996 !
PRESEDING OFFICER: (SENATOR WATSON) Senator Hawkinson.
Thank your Mr. President. Xesr Senator Dillardr there are a number. The State Trademark Registration Statute allows for injunctive relief to restrain infringlng acts, profits derived from or damages suffered by reason of infrlnging acts, and impoundment and destruction of infrinsin: materials. There's also the Consumer Fraud and Deceptive Practices Act, khich Was enacted in 1961, which prevents unfair methods of competition and unfair or deceptive acts and practices. Such unlawful acts include trademark infringement, false advertising , regardless of Whether the trademark has been registered at the federal or the State level. We also have the Uniform Deceptlve Trade Practlces Aet. There are common-law claims available for unfair competition for dilution and misappropriation of a trademark act. And there are also existln: federal claims under the Lanhan Act and the TrademarkCounterfeitingAct,and there is dilution under the State Registration Statute, a provision which prevents dilution of 1 I a mark whetherornotthereiscompetitlonbetweenadistinctive . 1 ! mark and a diluting use of the mark. '
FRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Dillard. SENATORDILLARD: 1 : One more question, if the gentleman would yield, Mr. President. Senator Hawkinson, is it your intent that those j ' remedies you just talked about remain in the -- in the law? PRESSenator IDINGOFHawkinson. FICER: (SENATORWATSON) 1 : SENATOR HAWKINSON: , Absolutely . l . PRESIDING OFFICER: (SENATOR WATSON) I 1 19 ! STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day May 9, 1996 Very good. Any further discussion? Further discussion? Senator Hawkinson, do you wish to close?
Just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall House Bill 2621 pass. those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have all voted Who Wish? Have a1l voted who wish? Take ehe record. On that question, there are 54 voting Yes, no voting No, no voting Present. House Bill 2621, having received the required constitutional majority, is declared passed. House Bill 2651. Senator Hawkinson. Out of the record. House Bill 2664. Senator Karpiel, do you wish House Bi1L 2664 returned to the Order of 2nd Reading for the purpose of an amendment? The Senator seeks leave. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2664. Mr. Secretary, are there ahy Floor amendments approved for consideration?
Amendment No. 2. offered by Senator Karpiel.
PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.
Thank you, Mr. President. Senate Amendment 2 actually deletes House Amendment 8 and -- w1th the House sponsor's agreement. deletes language in the Sectlon dealing with allowin: districts to provide health education in their PE classes in grades five through eight because the language deleted by this amendment unlntentlonally lmposes a mandate on high school districts. This amendment will take that out so that the mandate is no longer in *he bill.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? If not, all those in favor, say Aye. 20 i STATE OF ILLINOIS l 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 Opposed, Nay. The Ayes have i*, and the amendment is adopted. Any further Flcor amendments approved for consideration?
Amendment No. 3, offered by Senator Karpiel.
PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.
Thank you, Mr. Presldent. Amendment No. 3 came at the request of the Department of Public Hea1th. It deals With the immunization language of the bill. The amendment clarifies that districts may set a date pricr to October 15th of each year for students to have completed a11 necessary physical examinations and immunizatlons. But if a distrlct sets a date prior tc October 15th, it must give parents at least sixty days ' notice in writlng.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? If not, al1 those in favor of the amendment, say Aye. Opposed, Nay. The Ayes have lt, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reporeed.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Cullerton, for what purpose do you rise?
Mr. President, I have an inquiry. On paqe 4, the bottomy the last bill on the bottom is House Bl11 2524. We just had a caucus and we talked about that bill. And some of our Members Would like to knou if Senator Bomke is going to tell us Whether or not he's going to come back to itr or -- or not? Because some of my Members have been asklng ne about this.
PRESIDING OFFICER: (SENATOR WATSON) Well, I Would...
21 I STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day May 9, 1996 I know it was taken out of khe record, but we'd just like to know for our purposes whether or not wedre going to get to it tcday or not.
PRESIDING OFFICER: (SENATOR WATSON) Well, the gentleman did not ask leave to go back to it. I Would just suggest that you just walk over here and ask him. Senator Cullerton.
Well, I'm not a member of the press thcughz so I don't know if I'm allowed to talk to him.
PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson, on House Bill 2691. Senator Syverson? Out of the record. House Bill 2695. Senator Rlemm . Out of the ! record. House Bill 2702. Senator Syverson. Out of the record. House Bill 2703. Senator Woodyard? Mr. Secretary, please read the bill.
House Bill 2703. è (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard. I
Thank you, Mr. President and Members of the Senate. This bill would exempt the oi1 and gas industry from the sales tax on the plpe, the drilling equlpment and so on. Presentlyy there 's a : two-hundred-and-fifty-dollar threshold and this Would expand that exemption, and it would be very similar, or identical, to what we I do with farm machinery and manufacturing equipment. That's what the bill does. Might add that, to my knowledge, Department of I I Revenue is neutral on this bill. And I'd be happy to answer any ' questions, or -- or solicit your affirnative vote. I 22 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discusston? Seeing noney the question is, shall House Bill 2703 pass. Al1 thcse in favorw vote Aye. Opposed, vote No. The voting is open. Have all voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voelng Yes, no voting No# no voting Present. House Bill 2703, having received the requtred constitutlonal najority, is declared passed. House Bill 2737. Out of the record. House Bill 2747. Senator Mahar? Out cf the record . House Bill 2794. Senator Walsh. Mr. Secretaryr please read the bill.
House Bill 2794. (secretary reads title of bl1l) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh.
Thank youy Mr. President. House Bill 2794 creates an income tax deduction in an amount equal to the falr market value of conputers and software that are donated public ichools or libraries. And I'd be happy to answer any questions and ask for a favorable vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any dlscusston? Seeing noner the questlon is, shall House Bi11 2794 pass. A1l those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted Who wish? Have all voted who wish? Have al1 voted Who wish? Take the record. On that questton, there are 56 voting Yes, no voting No, no voting Present. House Bill 2794, having received the required constitutional majority: is declared passed. Senator Philip wishes to seek leave of the Body to return House Bill 2799 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2799. Mr. Secretary, are there any Floor amendments approved for consideratlon?
Amendment No. 2, offered by Senator Philip.
PRESIDING OFFICER: (SENATOR WATSON) Senator Philip .
I would ask leave to table Amendmene No. 2.
PRESIDING OFFICER: (SENATOR WATSON) Senator Philip moves to table. Floar Amendment No. 2. Al1 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is tabled. Are there any further Floor amendments approved for consideration, Mr. Secretary? I
Nofurtheramendmentsreported,Mr.President. j ' ! PRESIDING OFFICER: (SENATOR WATSON) ! 3rd Reading. House Bill 2860. Senator Walsh? Mr. Secretary, please read the bill. , SECRETARY HARRY: ' j House Bill 2860. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh. SENATOR WALSH: ! I Thank youz Mr. President. House Bill 2860 amends provisions r of the Credit Union Act relating to record confidentlality, the definition of credit union nembership and meetings of members and I 1 directors; changes to the Banking Act in Sections relating to the l ownership of a banker's bank, lending authority and charter 24 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 issuance; changes to the Savings and Loan Act in Sectlons relating to the general corporate powers, and reports to the Comnissioner, and savings to the Bank Act (sic) (the Savings Bank Act) in the general corporate powers Section. I'd be happy to answer any questions and ask for a favorable vote.
PRESIDIKG OFFICER: (SENATOR WATSON) Any discussion? If not, the question is, shall House Bill 2860 pass. A11 those in favor, vote Aye. Opposedr vote No. The voting is open. Have al1 voted who Wish? Have a1l voted who wish? Have all voted uho wish? Take the record. On that question, there are 56 voting Yes, no voting No, no voting Present. House Bill 2860, having received the required constltutional najority, is declared passed. With leave of the Body, Senator Philip asks that we return to Senate Bill -- I beg your pardon, House Bill 2799, on the Order of 3rd Reading . Mr. Seçretary, please read the bill.
House Bill 2799. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Philip .
Thank you, Mr. Presldentz Ladies and Gentlemen of the Senate. I suppose I ought to explain why we tabled that amendment. That amendment was for waterfowl and it's on another bill, so it Was unnecessary. And what this would do, would be allow the Illinols Secretary of State to issue Masonlc and Knights of Columbus plates. So 1'11 be happy to ansker any queseions, and ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? seelng none, Ehe questlon is, shall Hcuse 25 STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 Bill 2799 pass. All those in favorz vote Aye. Opposedr vote No. The voting is open. Have all voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 55 voting Yes, no voting No, no vctlng Present. House Bill 2799, having received the required constltutional najority, is declared passed. Senator Raica seeks leave of the Body to return House Blll 2916 to the Order of 2nd Reading for the purpose of an amendment. Hearin: no objection, leave is granted. On the Order of 2nd Readtng ls House 2916. Mr. Secretaryz are there any Floor amendments approved for constderation?
Amendment No. 1, offered by Senator Raica .
PRESIDING OFFICER: (SENATOR WATSON) Senator Raica.
Thank you, Mr. President. What We attempted to do in this amendment is bring D.A .R .E. money into the local municipalities. This was at the request of -- we attempted to do it previausly with another amendment; really didn't do and at the request of Senator Hawkinson and other Mekbers. And like to thank Senator Bowles and the rest of the committee for asststing me in doing this. All this btll does -- or, the amendment does is create a Municipal D.A.R.E. Fund so that municipalities can collect D.A .R .E. money that is so needed in thelr oWn communities. And I just ask for lts adoption.
PRESIDING OPFICER: (SENATOR WATSON) Is there any discussion? If noty al1 those in favor, say Aye. Opposed, Nay. The Ayes have ie, and the amendmene is adopted . Any further Floor amendnents approved for consideration?
No further amendnents reported . 26 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 3041. Senator Klemm? Out of the record. House Bill 3048. Senator Dillard. Out of the record. House Bill 3057. Senator Klemm. Out of the record. House Bill 3166. Senator Walsh? Mr. Secretaryz please read the bill.
House Bill 3166. (Secretary reads tltle of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh.
Thank you, Mr. Presideat. Senate Bill -- orr pardon me, House Bill 3166 amends the Unclaimed Propertles Act (sicl. And this passed the Rouse With 103 votes and passed our Financial Institutions Committee with no opposltion. I'd be happy to answer -- yeah. This is the Department of Financial Institutions' request. It's just simply a clean-up bill, and I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, the question is, shall House Bill 3166 pass. All those in favor, vote Aye. Opposed, vote No. The votlng is open. Have a11 voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yesy no voting No, l voting Present. House Bill 3166, having received the required constitutional majorityy is declared passed. House Bill 3167. Senator Maitland? Mr. Secretaryr please read the bill.
House Bill 3167. (Secretary reads title of bill) 3rd Reading of the bill. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leglslative Day May 9, 1996
PRESIDING OFFICER: (SENATOR WATSON) Senator Maltland.
Thank you very muchy Mr. President and Members of the Senate. House Bill 3167 allows the designees -- alloWs designees of the Directors of the Illtnois Environmental Protection Agency: the Department Natural Resources and the Department of Nuclear Safety to serve as Task Group members in lieu of -- of -- of the Directors. The bill does one other thing and that provides that any action taken by the task force will w111 be taken by a majority vote of the total members on the task force. I know of no opposition. I.would seek your support.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If natr the question is, shall House Bill 3167 pass. A1l those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted Who vish? Have all voted Wbo wish? Have a1l voted kho Wish? Take the record. On that question: there are 55 voting Yes, no voting No, no votln: Presene. House Bill 3167, having received the required constitutional majority, is declared passed. House Bill 3193. Senator Butler? Out tHe record. House Bill 3199. Senator Walsh. Out of the record. House Bill 3204. Senator O'Ma11ey. Out of the record. House Blll 3309. Senator Dillard. Out of the record. House Bill 3348. Senator Dillard. Out of the record. House Bill 3396. Senator Barkhausen. Out of the reeord. House Bill 3436. Senator Klemm. And Eenator Klemm seeks leave of Ehe Body to return House Bill 3436 to the Order of 2nd Readin: for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3436. Mr. Secretary, are there any Floor amendments approved for consideration?
28 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 Amendment No. offered by Senator Klemm.
PRESIDING OFFICER: (SENATOR WATSON) Senatcr Klemn .
Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. Amendment No. 3 is a request from IDOT and deals with vehicle wldths on the newly created national highway system. And I do ask for your adoption.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? If not, all those in favorr say Aye. Opposed, Nay. The Ayes have it, and the amendmenk ls adopted. Are there any further Floor amendments approved for consideration?
Amendment No. 4, offered by Senator Klemm .
PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm.
Thank you, Mr. President. Amendment No. 4 closes a loophole in the railroad grade crossing 1aW. And it's supported by the Illinois Ccnmerce Commission. I do ask for your support.
PRESIDING OFFICER: (SENATOR W/TSON) Any discussion? A11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Amendment No. 5, offered by Senator Rlemm.
PRESIDING QFFICER: (SENATOR WATSON) Senator Klemm, on Amendment No .
Thank you, Mr. President. Amendment No. 5 was requested by ehe Township Officials of Illinois and deals with the exemption of the Commercial Driver's License Act. It has the support of IDOT 29 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 and the State Police for small townships, and J do ask foz your support.
PRESIDING OFPICER: (SENATOR WATSON) A1l those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments repcrted.
PRESJDTNG OFFJCER: (SENATOR WATSON) 3rd Reading. House Bill 3451. Senator Bomke? Mr. Secretary, please read the bill.
House Bill 3451. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESTDING OFFICER: (SENATOR WATSON) Senator Domke.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The bill will require a two-dallar co-pay for inmate medical care for nonemergency purposes', those that leave the Corrections facëllty. It would eliminate the postage stamps giveaway, and require inmates to reimburse the State for the cost of any post-secondary education they receive while in prison. In addltion, it requires khe Department of Public Aid to instigate a intergovernment (sic) agreement between *he sheriff's office, including Cook County Department of Correction, with Department of Public Aid, to furnish a nonthly list of inmates Who are receiving public aid or on the Public Aid rolls. It's just klnd cf a cross-reference to get those that are receiving public aid off the rolls.
PRESIDING OFPICER: (SENATOR WATSON) 30 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT I 104th Legislative Day May 9r 1996 Is there any discussion? Any discusslon? If nct, the question is, shall House Bill 3451 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted Who wish? Have a11 voted who Wish? Have a1l voted Who Wish? Take the record. On that question, there are 56 voting Yes, no voting No, no votln: Present. House Bill 3451, having received the required constitutional majority, is declared passed. House Bill 3455. Senator Dillard? Mr. Secretary, please read the bill. SECRETARY HARRY: House Bill 3455. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) senator Dillard . SENATOR DILLARD: Thank you, Mr. President and Ladies and Gentlçmen of the Senate. This is a blll dealinq with eavesdropping that is X scaled-down version, so to speak, of the more comprehensive bill which we enacted last fall, 1995, during the Veto Session. The language in this thlng incorporates a compromise reached between the Illinois Retail Merchants Associatlon and Governor Edgar's . Office. There are plenty of safequards involved in this parttcular concept, or -- or new Statute on eavesdropping. And I'd be happy to answer any questions. PRESIDING OFFICER: (SENATOR WATSON) Any dtscusslon? Senator Hawkinson. SENATOR HAWKINSON: Thank you, Mr. President. Will the sponsor yield for a question? ' PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates hepll yield, Senator Hawkinson. SENATOR HAWKINSON: 31 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leqislative Day May 9, 1996 Senator, earlier this week, there was a Circuit Court decision purporting to invalidate Senate Bill 721, of which there were eavesdropping provisicns. What wculd the impact of that decision be, if sustained by the Illinois Supreme Court or not appealed? What would the impact of that be on this leglslation?
PRESIDING OFFICER: (SENATOR WATSON) ! Senator Dillard.
Well, Senator Hawkinson, because of the recent Circuit Court case, up in Cook County, involving Public Act 89-428, a part of Which ls the Act being amended here by my bill, Hause Bill 3455, it's necessary to establish, I think, some legislative intent: and your question helps that. Public Act 89-428 added two paragraphs I to subseetion (j) of Section 14-3 of the Criminal Code relating to eavesdroppinç. The first set forth the type of businesses and activity that fit within the eavesdropping exemptiop and is being removed from the 1aw by House Btl1 3455. The second paragrajh is a prohibttion on the use of a communtcation or recording made under the exemption and is being retained in House Bill 3455. And as of this date, Public Act 89-428 has been invalidaeed by a Circuit Court order, but a final determination of the validity of that Act has not yet been rendered by a court of ccmpetent jurisdiction. And in this -- in this bill, the second paragraph of subsection (j) retained from that Public Act is not shown as underscoredr because until finally rendered invalid, it ls the 1aw of Ehls State. It'11 stay on the Stakute books. However, if *he Act is ultimately held to be invalid, the intent of passing House Bill 3455 is that the retained second paragraph of subsection (j) oe the Public Act 89-428 is enacted as the 1aw of this State and shall be effective on the effectlve date of House Bill 3455. If the Act is ultimately held to be valid, lt ls the intent in 1 passing this bill today that the retained second paragraph of J i 32 d STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 subsection (j) shall continue as the 1aw of this SEate.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Farley.
Thank youy Mr. Presidentr Ladies and Gentlemen of the Senate. I would just point out to the Membership who follows the laborersl position papers that labor is, in fact, neutral now on thls particular legislation because of the removal of the amendment. So T would just poine khat out to the Membershlp, that -- those that follow this.
PRESIDING OFFICER: (SENATOR WATSON) . Further discussion? Senator Palmer.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates hefll yieldr Senator Palmer.
Senator Dillardr one of the main questions in this legislation was protecting the privacy and the rights, if you will: of employees. What are the safeguards in the bill as it is nok constituted? '
PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.
Primarily, Senator Palmer, there are three. Number one, an employer has to posE a slgn talklng and warning its employees that eavesdropping may occur on the premises. Secondly, an employer must provide private telephones, albeit they may be pay telephones. And thlrdly, there's a section of this bill that deals with an enployer uho may be eavesdroppingy and once they hear that the conversakion eaking place does not involve the kinds of primarily marketing activities Ehat this bill coversr they must I 1 33 STATE 0P ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day May 9, 1996 immediately han: up the phone and no longer eavesdrop . So 'there 's those three safeguards.
PRESIDING OFFICER: (SENATOR WATSON) Senator Palmer.
Thank you. One more question. Would ycu just statez again, why this legislation is necessary?
PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.
Primaqily, Senator Palmer, there is no authority under Illinois law, without almost literally permission frcn, so to speak, everyone ln the world, to eavesdrop on their employees for better quality control, primarily during marketing types of activities. And I would point out to the Membership that khis is a much more -- scaled-back verslon than we a11 voted on in the -- in the fall. So if you have problems with this concejt, the laws that's on the books are much broader than this today. This narrows it and shrlnks it.
PRESIDING OPFICER: (SENATOR WATSON) Senato'r Palaer.
I apologize; I had not intended to speak again. But I -- is this practice somewhere? Is there some evidence that thls is necessary, to listen in on employees in order to improve productivity? Is it in operation somewhere else? What is the evidence that this is necessary?
PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.
Senator Palmer: according to the retall merchants, who Will probably use this most often, nany other states listen to their 34 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day May 9, 1996 employees' calls under very limited circumstanees for helping make ! sure that the public is served better and that their employees who ! ! are on the telephone lines serve the public in -- in a much better I fashion. And I would submit that this is really a I consumer-protection issue, and other states do it. I ! PRESIDING OFFICER: (SENATOR WATSON) j Purther discussion? Senator Welch. I SENATOR WELCH: I I have a question of the sponsor. I ;
PRESIDING OFFICER: (SENATOR WATSON) ! SPonsor indicates he'11 yield, Senator Welch. J ! Senator Dillard, you lndtcated that if a -- a call is being I: listened into by an employerr the employer has to hang up if he finds out that the employee is not violating any kind of -- is on I a personal call or somethlng like thqt. Is that What you're f saying? l j PRESIDING OPFICER: (SENATOR WATSON) I ! senator Dtllard. 1 ! SENATOR DILLARD: ' I ! S/nator Welch, on page 4, line 20 - just flnd the exace ! language here - it talks about the person recording or listening shall, immediately upon determining that the conversation does not I re1ate to marketing or opinlon research cr telephone solicieaeian, I I terminate the recording or listenlng and destroy any such I recordlng as soon as practical. Pat, that's on page 4: line 24 to 29. i I
PRESTDTNG OFFTCER: (SENATOR WATSON) ! Further discussion? Senator Welch. ;
Yes. Many companiesr partlcularly stockbrokers and -- and others, record the entire eonversation and the entire transaction. ! ' a5 , STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9: 1996 How is a telemarketer who has a hundred people naking phone calls and maybefivesupervisors ortensupervisors going to beable to ( E just listen in individually to conversations? They obviously can't call them all. Doesn't this -- isn't this going to lead to recording every, single phone conversation of every call? PRESIDING OFFICERI (SENATOR WATSON) 4 Senator Dillard. i
T thlnk Primariiy bhese employers Spot-check. So I don't ' think they record every call, and I would submlt that technology, ! eipecially with companies like Ameritech and others in the State of Illinois - Motorola - technology is amazing stuff and they can i excise what they don't need or which is illegal under thls law . ! And they primarily spot-check; they don't record, as I understand it, every phone call. E PRESIDING OFPICER) (SZNATOR WATSON) ! Furtherdiscussion? SenatorGarcia.
j l Thank you, Mr. President. I rise for a point of personal I ! privilege. PXESTDING OFFICERI (SENATOR WATSON) : State your point. I
I Would like to recognize in the çallery here a fine group of 1 ! students from the Stowe Schoolr accompanled by their teachers and i other chaperones. Could we give them a round of applause? PRESIDING OFFICER: (SENATOR WATSON) r Certainly. Well, we'd like to have our guests please rise. ! Welcome to the Senate. Further dlscussion? Senator Shaw. SENATOR SHAW : ! Yes. Thank you, Mr. President. Wtll the sponsor yield? . i
PRESIDING OFPICER: (SENATOR WATSON) i 36 ; STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 Yes, the sponsor indicates he'll yleldz Senatar Shaw. I SENATOR SHAW: ) Senator Dillard, you say that they -- this -- they don't ' record every conversation; they spot-check. Is anythin: in the I k bill that says that they don't reeord every conversation, or could I ! they just set up tape recordinq and record the conversation all ! : day of a1l of the telemarketing? I PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard. ! SENATOR DILLARD: f ! Senator Shaw, I don't want to mislead anyone in this Body. An ' j employer, I suppose, in theory, could record every second of every I conversation that would be allowed under this type of limlted 1 eavesdropptng excepticn,but I think practicalitiesr b0th the cost i of recording constantly and having one employee, a supervisor, for ! every employee that's on the telephone, is just cost-prohibitive in the private sector,and lt's just, in reality, not going to ! take place. I PRESIDING OFFICER: (SENATOR WATSON) ! Senator Shaw. ' SENATOR sHAw: 1 . Could you tell us What will happen to those supervisors that ! ! are monltorlng these people? Are we going to have massive layoffs as thè results of thts bill? ' PRESIDING OFFICER: (SENATOR WATSON) ! Senator Dillard. ! SENATOR DILLARD: ! I'm Senator -- I'm sorry, Mr. President. Could Senator Shaw 1 repeat the question? I heard itr but T'm just not quite sure I i understand it. ; PRESJDING OFFICER: (SENATOR WATSON) ! Certainly . Go -- Senator Shaw . 37 l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 . SENATOR SHAW: ! . As a result of this bill, are We goin: to have massive layoffs, as a result of the -- in terms of the supervisors who have the responsibility of monitoring these people? If you're going to set up these tape recorders on every phoner then we no longer need the supervisors. Ts thae righe? PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard. I SENATOR DILLARD: I am warned by the Illinols Retail Merchants and some larger companies that if we don't make this changey they wil1 move I vholesale telephone operatlons out of Illinois to other states that allow this type of monitoring for qualtty control, and we'll lose thousands of jobs in the State of Illinois. PRESIDING OFFICER: (SENATOR WATSON) Senator Shau. SENATOR SHAW : I don't think you answered my question. In terms -- I understand about movin: the jobs, but what do We do With those supervisors? That's what -- that was my questlcn. Do we lay them . ' off if we're goin: -- if we're going to tape-record a1l of the people? Could you answer that question? PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard. SENATOR DILLARD: Senator Shaw, I -- I thlnk these supervisors will still be retalned, and most of them have other duties other than these types of monitoring of -- of eavesdropping for quality control. PRESIDTNG OFFICER: (SENATOR WATSON) Further discussion? Senator Bowles. SENATOR BOWLES: . Thank you, Mr. President. Question of the sponsor. 38 l . STATE OF ILLINOIS 89TH GENERAL ASSEMBDY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996
PRESIDEKG OFFICER: (SENATOR WATSON) sponsor indicaees he'll yield, Senator Bowles.
Senator Dillard, does your bill specifically identify the purpose as being monitoring telemarketing - speciflcally - as opposed to a general monitoring ability?
PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.
Yes, it does. And lt defines everything as well: Senator Bowles.
PRESIDING OFFTPER: (SENATOR WATSON) Further dlscussion? Further discussion? If not, Senator Dillard, to close.
Roll call.
PRESIDING OPFICER: (SENATOR WATSON) Question is, shall House Bill 3455 pass. Al1 those in favor, vote Aye. Opposed, vote No. The votin: is open. Have al1 voted who wish? Have all voted who Wish? Have all voted Who Wish? Take the record. On -- on that question, there are 47 votin: Yesz no voting -- 9 voting No, 1 voting Present. House Bl11 3455, havlng received the required constitutional majority, is declared passed. House Bfll 3532. Senator Maitland? Mr. Secretary, please read the bill.
House Btll 3532. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR WATSON) Senator Maitland.
39 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 Thank you very much, Mr. President and Members of the Senate. House Bill 3532 is a -- is a piece of legislation that is -- truly technical in nakure. simply cleans up some of the problems We had With the alternative school bill that was passed out of this Chaaber a year aço and slgned by -- by the Governor. There are a nunber of -- of clean-up points in shanlt read then to you . Theydre probably in your analysls, as well as mine. know of no opposition, and I would seek your support.
PRESIDING OFFICER: (SENATOR WATSON) Discussion? Senator Hawkinson.
Thank you, Mr. President. Sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates hedll yield, Senator Hawklnson.
Senator: one of my school districts, Peoria District 150, Was very much in support of this bill as it eame over to us from the House, because the House version at least clarified the inclusion of thelr participation in this important pragram. Is there anythlng ln the Senate amendment that chanqes that?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.
No# sir.
PRESIDING OFFICER: (SENATOR WATSON) Any fur*her discussion? ff nctg *he question is, shall House Bill 3532 pass. All those in favory vote Aye. Opposedr vote No. The voting is cpen. Have a1l voted Nho wish? Have all vated Who wish? Have a1l voted who wish? Take the record . On that question, there are 57 voting Yes, no voting Noy no votlng Present. House Bill 3532, having recetved the requlred constitutional majorlty, is declared passed. House Bill 3548. 40 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT ? 104th Leglslative Day May 9, 1996 f Senator Mahar? Out of the record. House Bill 3617. Senator I Raica? Mr. Secretary, please read the bill.
1 p House Bill 3617. ! (Secretary reads title of bill) i I 3rd Reading of t:e bizz. 1 I PRESIDINC OFFICER: (SENATOR WATSON) ' Senator Raica. I
I Thank you, Mr. President and Members of the Senate. House ' I Bill 3617 basically states that any person who distributes a : non-prescribed drug to an individual under the age of eighteen for / ' the sole purpose of weight galn or weight loss beeause of i athletics is guilty of a Class A misdemeanor. Amendment l is a clarifying amendment describing physicians and prescribed drugs. f , I Amendment No. 2 is a technical amendment just ehanging a Word. I ThisvasintroducedbyRepresentativeZickus as a reéult of a 1 coach in Palos Hills in my district, who gave Lasix to football ! members in order for these individuals to lose weiîht. I would I just ask for a favorable roll call. r PRESTDINC OFFICER; (SENATOR WATSON) ; Is there any discussion? Any discussion? If not, the question is, shall House Bill 3617 pass. A11 those ln favor, vote J Aye. Opposedz vote No. The votin: is open. Have al1 voted Who wish? Have a11 voted Who wish? Have al1 voted who Nish? Take the record. On that question, there are 55 voting Yes, no voting ( No, no voting Present. House Bill 3617, having received the 1 required constltutionalmajority, is declared passed. House Bill 1 ! 3658. SenatorSieben? Out of the record. House Bill 3662. ( i Senator Dillard? Out of the reccrd. House Bill 3670. Senator ! Fitzgerald. Out of the record. We will noW move to page 9, I : ' j Secretary's Desk, Resolutions. Senator Syverson, do you wish to I 41 I . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9: 1996 have your resolution considered? Mr. Secretary, please read the resolution. ' : SECRETARY HARRY: , House Joint Resolution 106: offered by Senator Syversonr I Dudycz and others. I There are no committee or Floor amendments, Mr. President. I . !
PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson. I SENATOR SYVERSON : ; Thank you, Mr. President and Ladies and Gentlemen of the ' Senate. House Joint Resolution l06 disapproves the 1996 report by ' the Compensation Review Board, and it does disapprove it in whole'. ' which would eliminate thelr suggested eompensation adjustment. Be happy to answer any questions . i PRESIDING OFFICER: (SENATOR WATSON) i Is there any discussion? Senator Demuzio. ! SENATOR DEMUZIO: ! Is this -- is this a straight-out No vote? Or, I mean; their I -- ue're just rejecting the -- the Commissicn. So is -- is the -- i in order to reject, you're voting Yes? . I PRESIDING OFFICER: (SENATOR WATSON) ! Senator Syverson. SENATOR SYVERSON ! : I : Yes means no. I PRESIDING OFFTCER i I (SENATOR WATSON) I Further discussion? Senator Syverson moves the adoption of i J House Joint Resolution 106. All those in favor, vote Aye. l Opposed, vote No. The voting is open. Have a1l voted whc Wish? @ Have al1 voted who Wish? Have al1 voted who wish? Take the ; reeord. On that questiony there are 57 voting Yesr no vcting No, no voting Present. The resolution is adopted. Senate Joint Resclution 92. Senator Lauzen. Mr. Secretaryz please read the , I 42 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 resolutton. SECRETARY HARRY: I I : Senate Joint Resolution 92, offered by Senator Lauzen. j The Committee on Executive adopted Amendment :o. 1. There are no j ! Ploor amendments. j PRESIDING OFFICER: (SENATOR WATSON) I Senator Lauzen. I SENATOR LAUZEN: I ! Thank you, Mr. President. Senate Joint Resolution 92 creates ! the Governor's Child Support Enforcement Task Force to research I E the feasibillty and benefits of New Hire Reporting and its effect 1 on the collection of delinquent child support. Just a little bit f of background: During 1995y in Illinois, only 38 percent of the ! families due child support received any payment, leaving about two 1 I hundred million in support payments uncollectedy leaving the State, in some cases, to provide aid to children and their l fanilies. This is a group that's going to see if we can do l I sonething to improve the situation of collecting child support in I the State of Illinois. I'd be happy to answer any questions. I ' PRESIDING OFFICER: (SENATOR WATSON) / Any discussion? Senator Shaw . ! ' SENATOR SHAW: I 1 Thank you, Mr. President. Just far the record, I support the I concept of the resolution. But I just wanted to point out to the ' I sponsor - and it's a matter of -- I guess it was an oversight - to I set up such a group such as we are dolng by this resolution here, E ! certainly the -- the Circuit Court clerks Would have to be i included in order to make this work. And having discussed that i with the -- with the sponsor of this resolution, he said that we I dldn't have time to do another amendment to bring them into this process, but at some time in the future, hopefully, we can get the Circuit Court clerks involved in this process, because none of 43 1 l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 this Will work unless they are included in this process. And T just wanted to point that out. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Palner. SENATOR PALMER: Thank you, Mr. President. A question of the sponsor. PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he 'll yield, Senator Palmer. SENATOR PALMER: Senator, reading our analysis, it looks to me as if thls is far broader than a task force to find out why child support payments are not included. It says here that there will be some study about the total income, the total living situation of a1l of those Who receive welfare. Is that correct? PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen. SENATOR LAUZXN: Thank you thank you, Senator, for that clarifying question. As your analysis night indicate, this bill also contains an amendment of a totally separate study group that is -- I believe that itls direction to the Economic and Fiscal Commission to do a separate subject -- separate studyr so that's totally different from What the underlying bill has. So -- I -- are you addressing the amendment in your question? Those are two separate studies. PRESIDING OFFICER: (SENATOR WATSON) Senator Palmer. SENATOR PALMER: Well, thank you, Senator Lauzen. But aren't We voting on the billw as amendment -- as amended? Have I missed something here? PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen. SENATOR LAUZEN: 44 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 Youdre right, but there are two separate initiatives in this. One is to go through and do the New Hire Reportingr and the other is to conduct a scientific study of the benefits from all government sources received by families receiving Aid to Families wlth Dependent Children.
PRESIDING OFFICER: (SENATOR WATSON) Senator Palmer.
Thank you. But by voting for this billy we are, in effect, voting for the implementation of both studies. And one final queseion: Since this has to do with children who are receiving aid in one fashion or another, why isn't the children the Department of Children and Family Servlces represented on this? Why is this primarily the -- the fiscal agents?
PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.
Could you could you clarify your question on why is the Department of Children and Family Services on which? Is lt the amendment or on the Governor's Child Support Enforcement Task Force?
PRESIDING OFFICER: (SENATOR WATSON) Senator Palmer.
On the study, according to my analysis, you have Employment Security, Revenuer and -- and Ec and Fisc, but you do not have the aqency that is representing the children that you want to study. So why are they not part of this? Not that I agree with this yet. But Why -- Why not?
PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.
45 STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 Thank you. You knowr appreciate, Senator Palmer, the suggestion. You know, I'd be happy to explore. You knaw, 1111 take a hard look at that suggestion. It's a good one.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Collins.
Thank you, Mr. Presldent and Members of the Senate. Senatcr, those questions -- I didn't know you were golng to move thls billy because we raised many of the questions, Senator Palmer, in the Executlve Commiteee. The -- this Task Force I don't think is necessary either; however, the work of this Task Force We do probably need to do if we 're going to move toward, truly, one-stop shopping in the State and improving overall efficiency and make services more cost-effective in the State of Illinois. However, this partlcular Task Forcey we're going about a11 of this so piecemeal. It does not inclpde Department of -- of Aging. does not include services that we provide to the elderly and other services throughout this State. There are just too many task forces. This particular Task Force is going to cost somewhere around two nillion dollars. Well, we have a task force for implementation of the reorganization of the -- the super agencies that creates the Human Rights -- Human Services Department, and we have several other task force. sugqested, in order for us to -- to be fiscally responsible, as that side of the aisle often talk about they are, is to allow the universities to conduct this study. We have State universities in this State who really are -- are funded by -- by tax dollars, and they could be doing an awful 1ot of studies that we appropriate tax money that we could be using for scme -- some other better purposer even for improving and helping them to lower tuitlon costs in the State. is not necessary for us to appropriate money to do this study. This study, thought that -- that the sponsor understood that he Would 46 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 seek to -- to find out whether or not the universities would be wllling to conduct the study, with probably -- maybe less than even fifty thousand dollars. They have classes. They have students who are graduating who need to work on their thesis that would probably be glad to -- to do this kind of work. So why can't we utilize the universities, rather than going out appropriatinq and creatin: these -- these kind of studies? All of this stuff is about politics. It is not about improving services; it is about how can I get my name out there in the paper. Wedve got to stop playing politics with the taxpayers' dollars. This Task Force is not necessavy.
PRESIDING OFPICER: (SENATOR WATSON) Further discussion? Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. Senator Lauzen, in -- in committee we -- we did ask a number of questions, including what uill be the cost of this study. And I have here a fiscal impact note from Ec and -- from the Economic and Fiscal Commission, and they indicate that the -- the cost is likely to range between five hundred and seven hundred and fifty thousand dollars. And so I want our our Members to know that that this resoluticn is goin: to cost. It's going to cost some money. Now, the concerns committee regardin: the singling out of AFDC famllies for this study I don't think were adequately addressed . We were told that there are other studies that are going to be conducted: because, certalnly, we know, for example, that the elderly are receivinq federal asslstance. They also receive housing assistance and other kind of assistance. ïetr wedre noe calculating the -- the costs or the total amount of assistance that elderly indivlduals are getting in the State. Farmers receive federal assistance. I nean, there are a lot of subgroups that receive federal assistancer and I thtnk would be good to flnd out hok much assistance a11 these 47 STATE OF ILLINOIS 89TH GENERAL ASSKMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 individuals are getting, but yet, all we're doing here is looktng at APDC. Now, in the fiscal note filed by the Economic and Fiscal I Commission, they also indicated that in the past, the Illinois j Department of Public Aid has explained that AFDC recipients cannot I be required to provide information which is not necessary for ' determining APDC eligibiltty. As a result, the recipients Would have to agree to answer all the questions. What in -- in khis resolution is going to ensure that when we pay the five hundred thousand or seven hundred -- to seven hundred and fifty thousand, that welre going to get the information that's needed in order to be able to do what you want to do?
PRESIDING OFFICER: (SENATOR WATSON) Senakor Lauzen. END OF TAPZ . I I TAPE 2 j I I
I Okay. Now, there are a whole nnmher of questions that youdve I asked in khere. But firs: of all, the Economic and Fiscal Commissionfs estinate that you're speaking of is an -- khat is an eskimate. I think that it's an important Ehing vhen wedre spending literally hundreds and hundreds of millions of dollars in a certain areap ko take a look. I believe Ehat whatls being j proposed is not a matter of askinq recipients,about, you know, I anything that's other than whatls in the 1aw and in the applications right now, but gathering from dlfferent governnental organizations, coordinattng the flows of dollars to people. And I think that itIs a legitimate and importank function to study where I 1 I 48 STATE OF ILLINOIS 89TH GENEAAT,ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 I ! that money is coming fron, you know, and vhere ie's going to. And I I think that the sugqestion that perhaps we can get help from other areas like khe State universities is a good one. j PRESIDING OFFICER: (SENATOR WATSON) I Senator de1 Valle. 1 SENATOR dEL VALLE: l Zy analysis alSO indicates that -- Senator Lauzen, that the ! resolution does nOt Epecify a reportin: date fOr the prlvate ! contractor, because there wtll be a private contractor hired to 1 ! conduct this study. And according to Econonic and Pisc, interviews I and subsequent data input and record verification would take about 1 two khousand five hundred to five thousand interviews, in terms of 1 days. Now, it sounds like, again, a massive kind of study. Why 1 don'k we have a flnal reporting date on this? Because it seems to I me that without a final reporting date, this thing could go on ! forever: and Ehe cost of it could go even well beyond the seven 1 hundred and fifty thousand dollars. I PRESIDING OFFICER: (SENATOR WATSON) I Further discussion? Senator ShaW. j SENATOR SHAW: 1 Sorry, Mr. President, for rising a second time, but I just I wanted to ask the sponsor: Was -- was he aware that the Illinois I Department of Public Aid was setting up the interfacing of various I agencies? And they are doing that now. Are you aware of that? l PRESIDING OFFICER: (SENATOR WATSON) I Senator Lauzen. ! SENATOR LAUZEN: I I ïes. PRESIDING OFFICER ! : (SENATOR WATSON) ! Further discussion? Senator Shaw. !
Now, how is -- will this -- will this study impede their I 49 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9: 1996 efforts, or how would this study help their efforts? Or would it impede their efforts, what the Illinois Department of Public Aid is doing now?
PRESIDING OFPICER: (SENATOR WATSON) Senator Lauzen.
Thank you. This is not going to impede their study; this is going to augment what al1 of us are naturally concerned about.
PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.
Just one final question. In -- in liskening to the debate herew the -- if -- when -- do we have a reporting date back on this? ehis is February of 1997 that we is the reporting date back here for -- for the General Assembly?
PRESIDING OFPICER: (SENATOR WATSON) Senator Lauzen.
Is that...
I think that what you're referring ko is khe Governor's Child Support Enforcement Task Forcep and there the final report must be submitted no later than February 1st, 1997.
PRESIDING OFPICER: (SENATOR WATSON) Senator Shaw.
Well, if that if that report is going I don't know. Maybe you have some informatlon on when the interfacing of Departnent of Public Aid is supposed to be completed. Do you have that information?
PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen. 50 STATE OF ILLINOIS 89TH GENENAL ASSEMBLX REGULAR SESSION SENAQE TRANSCRIPT 104th Legislative Day May 9, 1996
would like to be able to provide that information: but I would ask anyone in this Chamber if you know how long a program that's as conplicated -- a study program as complicated as that is, it's -- it's very hard to determine how long that's going to take. Is it going to be many months, or is it possible that this could go even over a year? think that in the struckuring of the study, that it'll be much more apparent. And I1d ask people to remember that this does have to go throuqh the approprtations process. But this is the substantive language so that we can then request the appropriation.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing none, Senator Lauzen, to close.
I just think that khis is an important study that I think a1l of the people in this Chamber on both sides of the aisle can support. It's -- it's important to focus on what's happening with our -- our kids and people who are receiving these payments. Would just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen noves for the adoption of Senate Joint Resolution 92. All those in favor: vote Aye. Opposed, voke No. The voting is open. Have all voted who wish? Have all voked who wish? Have all voted who wish? Take khe record. On that question, there are 47 voting Yes, 1 voting Nor 7 voting Present. And the resolution is adopted. Messages, Mr. Secretary.
Message for the Governor by Deno Perdiou, Director of Legislative Affails. Mr. President - The Governor directs me to lay before the Senate the following Message: Qo the Honorable Members of the Senatee 89th General Assembly - I have nominated and appointed the 51 STATE OF ILLINOIS 89TH GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 9, 1996 following named persons to the offices enumerated below and respectfully ask concurrence in and confirmation of these appointments by your Honorable Body. Filed this date and signed by Governor Edgar.
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, for what purpose do you rise?
Thank you very nuch, Mr. President. On a point of personal privilege, if I nlght. In khe -- in the Presidentls Gallery, directly behind you, Mr. President, I'd like to introduce and welcome to the Senate Chamber the 1996 Class and board members of the Statewide organizatton of Leadership Illinois. Ilve had the privilege of lntroducing them ko this Body in the past, and -- and theydre here in Springfield again koday meeting with a number of -- of people. I personally will be speaking to them this afternoon, as will Senakor Donahue, my former aide, Lois Mills, who many of you know as serving her second term as the president of the organization. MayeBeth Hadfield, who is talking to you at this point, Mr. President, was a menber of lask year's class. And Senator Donahue's aide, Alana Flynn, is a nember of the 1996 class. And also with the group today is -- is Marylo Arnty who is the Illinois Republican National Women's Commtttee Chairperson. I would like, Mr. Presidenk, to ask them to rise and be recognized by the Senate this morning.
PRESIDING OFFICER: (SENATOR WATSON) Well, congratulations and we appreciate your participation. Messages from the House.
Message from the House by Mr. Mcbennand, Clerk. Mr. President I am directed to inforn the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instrueked to ask the 52 STATE OP ILLINOIS 89TH GENEQAL ASSEMBLY REGULAR SESSION SENATE TNANSCRIPT 104th Legislakive Day May 9: 1996 ! concurrence of the Senake, ko wit: House Joint Resolution ll1 (Secretary reads HJR No. 111) Adopted by the House: May 8th, 1996. PRESIDING OFFICER: (SENATOR WATSON) I For your informakion, the next order of business is going to I be the adjournment resolution, which will have the Senate stand 1 adjourned until 10 a.m., Tuesday, May 14th. Senator Weaver moves I ko suspend the rules for the purpose of inmediate consideration 1 and adoption of House Joint Resolution 111. Those in favor Wi1l I say Aye. Opposed, No. The Ayes have itr and the rules are I suspended. Senator Weaver has moved for the adoption of House I Joint Resolution 111. Those in favor, say Aye. Opposed, Nay . I The Ayes have it, and the resolution is adopted. We will now ! proceed to the Order of Resolutions Consent Calendar. With leave 1 of the Body, all those read in today will be added to the Consent I Calendar. Mr. Secretary, have there been any objections filed to I any resolution on the Consent Calendar? I
No objections have been filed, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. Al1 those in I favor, say Aye. Opposed, Nay. The motion carriesr and the I resolutions are adopted. Committee Reports. I
Senator Weaver, Chair of the Commiktee on Rules, reporks the I following Legislative Measures have been assigned: Referred to i the Committee on Executive - Senake Resolution 207: Senate Joint l Resolutions 75, 96# 98# 103, and House Joint Resolution 102; to I the Committee on Insurance, Pensions and Licensed Activities - I Senate Amendnent l to House Bill 3520, the Motion to Concur 11th i 53 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 1 104th Legislative Day May 9, 1996 House Amendment l to Senate Bill 14247 to khe Judiciary Committee - Motion to Concur with House Amendment l to Senate Bill 1342, Motion to Concur with House Amendment l to Senate Bill 13887 to the Committee on Local Government and Elections - Senate Amendment 2 to House Bill 2529, Amendmenk 2 to House Bill 2695, Amendment 2 to House Bill 2737, and Amendment l to Eouse Bill 3057; to the Committee on Public Hea1th and Welfare - Senate Amendmenk 4 ko House Bill 2691, Amendment 3 to House Bill 3309: the Motion to Concur with House Amendmenk l to Senate Bill 1513, and the Motion to Concur w1th House Amendment l to Senake Bill 15437 to the Committee on Revenue - the Motion to Concur wikh House Anendment l to Senate Bill 1414: to the State Governmenk Operations Commiktee - the Motion to Concur with House Amendment l to Senate Bill 13817 to the Committee on Transportation - the Motion to Concur with House Amendment l to Senate Bill 8177 and Be Approved for Consideration - Senate Amendment 2 to House Bill 2206, and Amendment 1 to House Bill 2250.
PRESIDING OFFICER: (SENATOR WATSQN) Resolutionse Mr. Secretary.
senate Resolution 209, offered by Senakors de1 Valle and Severns. It's substantlve, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) .o. there any further business to come before khe Senake? If not, pursuant to our adjournment resolution, the Senate will stand adjourned until 10 aom.p Tuesdayg May 14th. Eave a nice weekend. Don't forget the softball game. I 54 REPCRT: TIFLDAY STàTE OF ILLINOIS 96/10/07 PAGE: 00! 89TH GENEPAL ASSEHBLY 13:kk:2k SENàTE DAILY TRâRSCRIPTICN OF DEBATE INDEX I yAY 09, 1996 HB-0739 RECALLED PAGE 8 ! H8-0885 THIRD REZDING PAGE 9 HB-168R HECALLED PâGE 10 I :8-2230 RECALLED P4GE 11 ! H8-229: HECALLED PAGE 17 H8-2515 SECOND REâDING PAGE 5 : H8-2621 THIRD READING PAGE 18 H8-266k RECALLED PAGE 20 HB-2T03 'HIRD READING PAGE 22 H9-279: THIRD RCADING PAGE 23 H8-2799 RECALLED PAGE 23 H8-2799 THIRD READING PAGE 25 H8-2860 THIRD REZDING PAGE 2% HB-2S16 RECALLED PAGE 26 H8-3166 THIRD READING PAGE 27 HB-316T THIRD REZDING PAGE 21 HB-3#26 SECOND READING PAGE 7 H8-3436 RECALLED PAGE 28 HB-3%51 THIRD REâDIMG PAGE 30 H8-3:55 THIRD READING PAGE 31 H8-3532 THIRD READING PZGE 39 HB-3617 THIRD RBZDING PAGE R1 8R-0208 RESOLUTIOM OFFERED PAGE 3 ' 5H-0209 RESOLUTIO: OFFERED PAGE 5: HJR-0106 àDOPTED PàGE :2 ! HJR-0111 kDOPTED PâGE 53 ! HJR-OIII RESOLUTION OFFERED PZGE 53 SJR-0092 ADOPTED PâGE :2 I SUBJECT HATTER 1 SENâTE T0 O:DEP-FRESIDENT PHILIP PâGE 1 E I PRZYER-THE REVEREND JANE FERGUS9N PAGE 1 j PLEDGE OF âLLEGIZNCK PAGE 1 JOURNALS-APPROVED PAGE 1 I JOURNALS-PQSTPONED PZGE 1 I CCMMTTTEE REPORTS PZGE 2 / HESSAGES FROM THE HODSE PàGE 2 SENAT6 STZNDS AT EASP PAGE 3 ! SENATE RECONVENES PZGE 3 HESSAGE FOR THE GOVERNOR PZGE 51 MESSAGEFROMTHEHOUSE RESOLUTIONS CONSENT CALEMDAR-ADOPTED PAGE PAGE 52 53 f COMNITTEE REPORT8 PâGE 53 ADJOURNMENT PAGE 5% J 1 ) 1 1 f i f