The reqular Sessëon of the 89th General Assembly wlll please come to order. Will the Members please be at thelr desks, and will our guests in the gallerles please rise. Our prayer today will be given by Pastor John Duke, Zion Lutheran Church, Pleasaqt Plains, Illinois. Pastor Duke. I i
(Prayer by Pastor John Duke)
Now please rise for the Pledge of Alleîiance. Senator Sieben. i
(Pledge of Allegiance, led by Senator Sieben)
Reading of the Journal. Senator Butler. 1
Mr. Presidenty I pove that reading and approval of the Journals of Tuesday, November 19ih, and Wednesday, November 20th, in the year 1996, be postponedz pending arrival of the printed Journal. i
Senator Butler moves to postpone the readlng 4nd the approval of the Journal, pendlng the arrival of the printed transcript. There being no objection, so ordered. Committee Reports.
! Senatar Peterson, Chair of the Committee on Revenuer reports Senate Anendments 2 and 3 to House Bill 2702 Be Approved for Conslderation.
PRESIDJNG OFFJCER: (SENATOR WEAVER) Resolutions. !
Senate Resolution 259, offered by Senator DeAngelis and al1 Members. l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 117th Legislative Day November 2l, 1996 è It's a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Consent Calendar.
Senate Joint Resolution 116, offered by Senakor Dudycz. (Secretary reads SJR No. 116)
PRESIDING OFPICER: (SENATOR WEAVER) Senator Dudycz. E
Thank ycu: Mr. President. Senate Joint Resolution No. 1l6 is the adjournment resolutson. It calls for the Senate to reconvene onTuesday,December3rd,1996,atthehourof12o'clock,noon. (
PRESIDING OFPICER: (SENATOR WEAVER) Senator Dudycz has moved the adoptton of Senate Joint Resolution 116. ThoseinfavorrsignifybysayingAye. Opposedr ) Nay. The Ayes have it. The resolution's adapted. çcmmittee ! Reports.
Senator Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned : Referred to the Commlttee on Commerce and Tndustry - House Bill 2595; to the Committee on Executive - House Bill 444: to the Committee on , Judiciary - House Bill 3657 and Be Approved for Conslderatlon - Senate Amendment 4 to House Bill 2702.
PRESIDING OFPICER: (SENATOR WEAVER) . .. House Bills 3rd Readlng. Senator Syverson, do you Wish to recall House Bill 2703 (sic) (2702) to *he Order of 2nd for the ' purpose of amendments? Senator Syverson. Excuse me. Have there been any amendments approved for consideration? SECRETARY HARRY; ' Amendment No . 2, offered by Senator Syverson.
PRESIDING OFFICER: (SENATOR WEAVER) 2 ) . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day November 21, 1996 Senator Syverson. SENATOR SYVERSON: Thank your Mr. President. Amendment No. 2 addresses three 1 different areas, and I'd like to handle the first two and then have Senator Fawell handle -- handle the third, if she is -- if she's here. Pirst, it clarifies the original intent of tax caps and how -- and how nulti-county districts that lie in part in the ! collar countles are addressed. This provision states that a I county with tax caps imposed by legëslation will be considered as a county that held a suceessful referendum. The second pare of this amendment is a reverter clause, which allows counties that have imposed tax caps the opportunity to remove tax caps the same Way the tax caps were put on. The third portion of Amendment No. : 2 I'd ltke to refer to Senator Fawell. ! PRESIDINC OFFICER: (SENATOR WEAVER) Senator FaWell. i SENATOR FAWELL: ! Thank you. The -- the third part of this is actually a ? codification of what we have been doing . It was a rule that was . pu* in JCAR by the Revenue Department. What it does is it allows the -- the libraries to continue their levy if they are -- if it has been passed by a -- a referendum - backdoor referendum - and it is a .02 levy for naintenance, and -- and that's basically what , the amendment does. I PRESIDING OFFICER: (SENATOR WEAVER) Is there discusston? All those in favor, signtfy by saying ! Aye. Nays? The Ayes have it. The amendment is adopted . Any further Floor amendments to prove (sicl (approved) for consideration? SECRETARY HARRY: Amendment No. 3, offered by Senator Weaver. PRESIDING OFFICER2 (SENATOR DUDYCZ) : 3 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day November 2l, 1996 IsthereleaveforSenatorSyversonto handle the amendment 1 for Senator Weaver? Hearing no objection, leave is granted. Senator Syverson. Senator Weaver.
Thank you, Mr. President. This amendment strikes the hundred . and eighty thousand population for the abiliey eo issue safety - I J - - I should say, after a front-door referendum - to invoke a quarter-cent sales tax in the county, as has been granted for ' those counties over a hundred and eighty thousand. If there's any ) question, 1,11 be happy to answer. ' I PRESIDING OFFICEP: (SENATOR DUDYCZ) ' l . Any discussion? Senator Palmer. ' I I Thank you, Mr. President. A question of the spcnsor. I PRESIDING OFFICERJ (SENATOR DUDXCZ) Sponsor indlcates he will yield. Senator Pal4er. . I SENATOR PALXER; : Senator Weaver, I kant to ask you the same questions that I I ' asked Senator Syverson in committee yesterday. Will -- uill this sales tax be rescinded atany time? . / : PRESIDING OFFICEé: (SENATOR DUDYCZ) , Senator Weaver. ; SENATOR WEAVER: f The answer ls no .
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Palmer.
According to myanalysts,itistobeusedforpublicsafety J matters. Have those been spelled out? PRESIDING OPFICER: (SENATOR DUDYCZ) i Senator Weaver. p SENATOR WEAVER : I I I 4 t STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day November 21, 1996 They are not spelled outz but in the referendum: they Would be ' - - the people would be votln: on what measures theypre goin: to fund through this sales tax. You know, the circuit clerk -- or, circuit courts are putting out mandates for the smaller counties to improve their jails, their juvenlle detention areas, their courtrooms, and the smaller counties have the problem, just like the larger counties, of fundin: those improvements. So thls -- the purpose of this is to glve the smaller counties the same opportunity that counties over a hundred and eiqhty thousand have.
PRSSTDING OFFICER: (SENATOR DUDYCZ) Senator Palmer.
Thank you, Senator, and I guess that's the part I don't understand. Since it seems to be -- there seems to be some clarity that voeers vill be voting on some specific public safety needs, then I donlt understand why once that peed is met there is not scme vehicle in here to rescind the tax.
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Weaver.
The coun'ties may go to referendum agaln and take that off or continue to use that quarter of one percent to maintain those facilities and keep them up to standards. I think -- this is just a -- a measure of equity amongst al1 the counties in the State of Illinois, not discrimlnating in smaller counties. There 's a front-door referendum, and if they don't want lk, they -- Ehey don't have ta support it. But I think we ought to have the ( opportunity in smaller counties of dolng that Which the larger counties can do to maintain and build safety-related facilities, ; such as jails, youth detention centers and courtrooms. i
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Palmer. 5 l STATE OF ILLINOIS 89T8 GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day November 21, 1996 . SENATOR PALRER: Just a final remark on this: I certainly appreclate the need and J appreeiate that there is a -- a search for revenue a11 the time, but I would hope that if this is going to become a means by which we fund public safety or any of the other important clvlc areas, thak we Will build into these bllls some way by which citizens can rescind the tax as readily as they can pass it. Thank you. PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Weaver, to elose. SENATOR KEAVER: . I would appreciate a favorable roll call for the smaller counties of the State of Illinois. ) ' PRESIDING OPFICER: (SENATOR DUDYCZ) A11 those in favor, say Aye. Roll call has been requested. j I All those in favor will vote Aye. Oppcsed Will vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted Who J ' wish? Have all voted Who Wish? Take the -- take the record. On that question, there are 33 Ayes, 19 Nays, 1 voting Present. And the amendmgnt is adopted. Any further amendments ' approved for J consideràtion? SECRETARY HARRY: Amendment No. 4, offered by Senator Syverson. I PRESIDING OPFICER: (SENATOR DUDVCZ) Senator Syverson. SENATOR SYVERSON: Thank you, Mr. President. Amendment No. 4 clarifies language in Amendment No. 2: regarding multl-county districts that lie in the collar eounty. If any taxing district now becomes capped by this legislationz the effectëve dates for bonding will be moved to June of '97, as opposed to January. PRESIDINGOPFICER: (SENATORDUDYCZ) ) 6 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day Ncvember 21y 1996 Is there any discussion? Senator Klemm.
Yeah. Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFEICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Klemm .
My -- my question, I guess, is: Last time when we did the tax caps in our collar counties, ue had a period of -- of when it -- begameenactedandwhenitbecameenforced,andwebadanumberof taxing distrlcts imnedtately run outr Whether they needed it or ( not, and extended and increased their bondtng authority and issued revenue bonds without too much publtc input. And at the time, We thought that was a terrible thin: to dor and some of the school districts kho did not -- did not do that said it wasn't fair that they couldn't do it and others dld and they got cauqht under it. I Was wondering if thts provision that we allow that referendum of - - of having additional increases until June lst would be with a referendum, or is this just by the action or county -- or -- or the, you know: taxlng dlstrict's authority on their own? PRESiDING OFPICER: (SENATOR DUDYCZ) Senator Syverson.
This amendment only applies to those taxing districts which are currently immuned (stcl, and the only way we could address that, without a three-fifths vote, is to have the June effective date.
PRESTDTNG OPFICER: (SENATOR DUDYCZ) Senator Klemm.
You're -- you're sayln: that this only appltes to taxing districts that arewhat? Immuned-didyousay? Immunefron-- ) 7 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day November 21, 1996 from the tax caps? So those who -- counties that aren't under the tax capy thls is what you're trying to do; but for those that are under it now, they won't be able to do? A11 rlght. j PRESIDING OFFICER: (SENATOR DUDYCZ) I I Senator Syverson. !
I so we haven't created this opening of a window now that everybcdy's goin: to go run out, increase their bonding authority, and we think we 're putting tax caps on? Because it -- it was a very heated argument in our district of the collar counties of ! taxin: districts who ran out and imnediately raised their taxes, and everybody said, ''Wait a ..., that's the -- totally against the intent of putttng tax caps on there.'' So I needed your clariftcation that's not for the rest of the counties.
PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Syverson. SENATOR SVVERSON Z That -- that's exactly what this amendment does; it closes that loophole so those districts can't come back and use this as a wlndow. /RESIDING OFFICER: (SENATOR DUDYCZ) Any further discusston? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDIMG OFFICER: (SENATOR DUDYCZ) 3rd Reading. Top of page 2 in the Order of House Bills 3rd I Reading. Senator Watson, do you wish this bill returned to 2nd ! Reading for the purposes of an amendment? Senator Watson seeks leave of the Body to return House Bill 2737 to the Order of 2nd . Reading for the purpose of an amendment. Hearing no objection, ' 8 I ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislatlve Day November 2l, 1996 leave is granted. On the Order of 2nd Reading is House Bill 2737. f Mr. Secretaryr are there any Floor amendments that have been approved for consideration?
Amendment No. 4, offered by Senator Watson.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Yes. Thank you, Mr. President. This is a technical amendment which adds (sicl the effective date - immediate effective date - and chanqes the title of the -- of the legislatton. I Would move for its adoption. PRESIDING OFFICER: (SENATOR DUDYCZ) ' Is there any discussion? If notp a11 those in favor... Senator Geo-Karis.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Geo-Maris.
What effective date do you have on it?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Wabson. SENATORWATSON: 1 ' Immediate. I
PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? If not: al1 those in favor, say Aye. I Opposed r Nay . The Ayes have it: and the amendment is adopted. Any further Floor amendments approved for consideration? : SECRETARY HARRY: ! Nofurtheramendmentsreported,Mr.President. . . ) l
PRESIDING OFFICER: (SENATOR DUDYCZ) 9 . 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day November 2l, 1996 3rd Reading. ...chair would remind al1 Members that motions on vetoes -- veto measures of House bills should be filed wlth the Secretary. The intent of the Chair is to take up these motions in the week of December 3rd. ...proceed to the Order of Resolutions Consent Calendar. With leave of the Body, al1 those read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resoluticn on the Ccnsent I Calendar? :
No objections flled, Mr. President. / l
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall the : resolutions on the Consent Calendar be adopted. All those in I ! favor, say Aye. Opposed, Nay. The motion carries: and the reso1uticns are adopted. ...O fDaniel, for what purpcse do you ' rise? ' SENATOR O 'DANIEL: ' Point'ofpersonalprivilege. (
PRESIDING OFFICER: (SENATOR DUDVCZ) State your point.
Mr. President, Members of the Senate, I'd like for you to help me welcome a group of ten students and their inseructor, Mr. Benson, from the Hutsonville High Schcol government class. ' They dre at the rear of the Chamber on the Democrat side. Help me ! welcome them bo the -- to the Illinois Senate, please. f PRESIDING OFFICER: (SENATOR DUDVCZ) , Will our guests please rise and be recognized? Welcome to Springfield. ...Donahueyforwhatpurposedoyourtse? J
Thank you very much, Mr. President. For the purpose of. an announcement. There Will be a Republican Caucus immediately in 10 STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day November 21, 1996 Senator Pate Philip's Office upon adjournmen*, and it'll be very brief. But we hope you get there quickly and we can get out quickly. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio, what purpose do you rise?
Well, again, a number of Members have been asking what wefre doing, and I understand we 're not golng to conduct any more buslness today, other than... PRESIDING OFFICER: (SENATOR DUDYCZ) ' That is correct. We have, in effect, concluded our buslness , for the day. The -- the Senate will remain open to receive paperwork from the House and from the Governor's Office. But fcr a1l practical purposes, we have concluded our bustness, and when I weadjournlateron thts afternoon, we will be returning on 1 Tuesday, Decenber 3rd, at the hour of noon. But, for now, we will ! be standing at ease and there will be a -- a Republican Caucus in the Senate President's Office, immediately. Senator Weaver. Messaqes from the Governor.
Message from the Governor by Deno Perdicur Director of ! Leqlslative Affatrsa dated November 2lst# 1996. , Mr. President - The Governor directs me to 1ay before the Senate the followln: Message: To the Honorable Members of the 89th General Assembly (sicl - I have nomlnated and appoineed the following named persons to the offices enumerated below and respectfully ask concurrence in and confirmatlon of these appointments of your Honorable Body . PRESIDINGOFFICER: (SENATORDUDYCZ) j i Senator Demuzio. .
1 11 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day November 2ly 1996 T only had one further questlcn is: Have ke adopted the , J I adjournment resolution, Mr. President?
PRESIDING OFPICER: (SENATOR DUDYCZ) Yes, we have. But, Senator Demuzio, please hold on. Will the Members please remain at their chalrs? The Chair has just been informed that Senator Weaver has requested that we proceed to the OrderofHouseBills3rdReading to the Order of House Bill 2702. , J So if the Members remain in their seatsr we'll resolve this shcrtly and then you will be able to go home. House Bills on the Order of 3rd Reading on the top page 2 of your regular Calendar. House Bill 2702. Senator Syverson. Mr. Secretary, read the bill. SECRETARY HARRY: . House Bill 2702. (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIPING OFPICER: (SENATOR DUDYCZ) Senator Syverson.
Thank youy Mr. President. We just previously discussed the amendments, uhich have beccme the bill. 1111 be happy to answer any questions; otherwise, just ask for a favorable vote. PRESIDINGOFFICER: (SENATORDUDYCZ) ( Is there any discussion? Senator Hendon.
Thank you, Mr. Presldent. Will the sponsor yield?
PRESIDING OPFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Hendon. SENATORHENDON: j Senator, is -- this is a -- a way around the tax caps. So it's really a tax increase. Is that correct? PRESIDING OPFICER: (SENATOR DUDYCZ) . Senator Syverson. ' I 12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Leglslative Day November 21r 1996 i
No. Itls just the opposite. It's pullin: districts under the capthateurrentlyaren'tthere. Soit'sjusttheopposite. J
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hendon.
Butz w1th the amendmenLs, doesn't it allok a way around the l PRESIDING OFFICER: (SENATOR DUDVCZ) I Senator Syverson. I SENATOR SYVERSON: . No. It's taking those dtstricts which currently are not under, under the caps. So, no, it's brënging them under the eap. 1
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If noty the question isr shall Rouse I . l Bi 1 2702 pass. All those in favor Will vote Aye. Opposed will f vote Nay. And the voting is open. Have a1l voted who wish? Have I . a1l voted who Wish? Have a11 voted who Wish? Take the reeord . On that question, there are 38 Ayes, 12 Nays, none voting Present. And House Bill 2702, having recelved the required constitutional ) majority, is declared passed. Ladies and Gentlemen, we have effectively concluded the business of the day. There will be a perfunctory Session later on this afternoon to reeeive Messages from the House, and we will see you on noon cn Tu/sday, December 3rd. A Republican Caueus immediately in the Senate Presidene's Offtce. (SENATESTANDSINRECESS) ? I (SENATE RECONVENES) J I 13 I STATE OF ILLINOIS 89TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day November 21, 1996 PRESIDING OFPICER: (SENATOR DONAHUE) i will come to order. Messages from the House. ...
Message from the House by Mr. McLennandz Clerk. Mr. President - I am dlrected to inform the Senate that the House of Representatlves has accepted the Governor's specific recommendations for change, which are aetached, to a bill of the following title, in the adoptlon of which I am instructed to ask the concurrence of the Senatey to wit: ; House Bill 226. We have ltke Messases on House Bill 346, 347, 378, 548 Rnd 1249, all adopted by the House, November 19th; House Bill 1645, I 2406, 2579, 2621, 2626, 2658 and 2809, adopted by the House, November 20th; and House Blll 3193, adopted by the House, November i 21st, 1996. Message from the House by Mr. McLennand, Clerk. Mr. President - I am directed to inform the Senate that E the House of Representatives has refused to concur with the Senate ' in the adoption of their amendment to a bill of the following title, to wit: House Bill 2918, With Senate Amendment 1. Non-concurred in by the House, November 21st# 1996.
PRESIDING OFPICER: (SENATOR DONAHUE) I Messages from the Governor.
A Message for the Governor by Deno Perdicu, Director of Legislative Affairsr November 21st, 1996. Mr. President - The Governor directs me to 1ay before the Senate the following Message: TotheHonorableMembersoftheSenate,89thGeneral f Assembly - I have previously asked for your Honorable Bcdy to eoncur in the appointment and confirm the person commensurate with l 14 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Leglslative Day November 2lr 1996 the office indicated below. The information previously given was incorrect. Please remove the following individual from the Senate Message dated November 20th, 1996. 1 ? PRESIDING OPFICER: (SENATOR DONAHUE) Mr. Secretary, have tbere been any motions filed? SECRETARY HARRY: p Yes, Madam President. Senator Hawkinscn has filed motions I with respect to House Bills 346 and 347, and Senator Cronin has j filed a motion with respect to House Bi11 548. I PRESIDING OPFICER: (SENATOR DONAHUE) I I Mr. Seeretaryr would you please have those printed on the ! Calendar? If there's no further business: pursuant to the I adjournment resolutton, we Will reconvene on noon, Tuesday: I Deeember 3rd. The Senate stands adjourned. ! I f . ! I I ! I 1 . 1 I I 1 1 . / I : I I . I q 15 I REPOR'I:TIFLDâY STà'I'E OF ILLINOIS 96/12/03 PAGE: 00) 89TH GEMERAL ASSEHBLY 15:52:59 SENATE DAILT TRANSCRIPTION OF DEBATE INDEX NO7EHBER 21, 1996 118-03116HOTIONFILED HB-03k'f HOTIOM FILED PAGE PàGE 15 15 f ' HB-0548 HOTICM FILED PZGE 15 . H8-2702 RECALLED PAGE 2 H8-2702 THIRD REZDIMG PAGE 12 H8-2737RECALLED PZGE 8 f 8R-0259 RESOLUTION OFFERED PAGE 1 I 3JR-0116 ADOPTED PAGE 2 JR-O116 HESOLDTION OFFERED PAGE 2 I ) SUBJECT HATT6R I SENATE TO ORDER-PRESIDENT PHILIP PàGE 1 I PRAYER-PASTOR JOHN DUKE PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ' JOURNâLS-POSTPONED P2G6 1 COMMITTEE REPORTS PàGE 1 COHMITTEE REPORTS PâGE 2 RESOLUTIOMS CONSENT CALENDAR-ADOPTED PZGE 10 MESSâCE FPON THE GO7ERN0R PAGB 11 SENATE STANDS IN RECESS PâGE 13 SEMATE RECONVEMES PAGE 13 HESSAGES FROH T;E HOUSE PAGE 1k HESSAGE FROH THE GOVERNOR PâGE 1) ZDJOPRNèfE#T PZGE 15 ! I . ! 1 I I I I I I I I f I I l 1 ! 1 .