The regular Session of the 89th General Assembly will please cone to order. Will the Members please be at their desks, and wl1l our guests in the gallery please rise. Our prayer today Will be given by Pastor Allison Lundeen, Westminster Presbyterian Churchz Springfieldy Illinols. Pastor Lundeen.
(Prayer by Pastcr Allison Lundeen)
Please remain standing for the Pledge of Allegiance. Senator Sieben.
(Pledge of Allegiancez led by Senator Sieben)
Readin: of the Journal.
Senate Journals of Tuesday: November 19th) Wednesday, November 20th7 and Thursday, November 21st, 1996.
Senator Butler.
Mr. Presidentz I nove that the Journals just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
Senator Butler moves to approve the Journals just read. There being no oblectlon, so ordered. Resolutions.
Senate Resolutlon 260, offered by Senator Severns and a11 Members. Senate Resolutlons and 262, by Senator Parker and all Members. l STATE OP ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 They're al1 death resolutions, Mr. President.
Consent Calendar. Mr. Secrekary, have there been any motions filed?
Yes, Mr. President. The following Members have filed motions w1th respect to the following bills: House Bill 1249, Senator Petka; House Bill 2406, Senator Dillard; House Bil1 2579, Seaator Smith; House Bill 2621, Senator Hawkinson; House Bill 2626, Senator Weaver; House Bi11 2658, Senator Walsh; House Bill 2809, Senator Hawkinson; and House Bill 3193, Senator Butler.
. .. Chair requests that these motions be printed on the Calendar. So ordered. May I have your attention for one -- one minute? And I would remind al1 the Members: Motions on veto me#sures of the House should be filed with the Secretary as soon as possible. Top of page 4. Motlons in Writlng, Accept Specific Recommendations for Change. House Bill 346. Senator Hawkinson. Mr. Secretary, Eead the notion, please.
I move to accept the speclfic recommendatlons of the Governor as to House 3il1 346, the manner and form as follows: Amendment to House B1l1 346 in Acceptance of Governor's Recommendations Filed by Senator Hawklnson.
Could we have some order, please? Could we please have some order? Senator Hawkinson.
Thank you, Mr. President. I do move to accept the Governor's changes to House Bill 346. This bill passed the Senate the sprin: by a vote of 53 to nothing. Deals With court security STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Leqislative Day December 3, 1996 officers. And in the fundin: provision for court security officers and the part of the fine that Was going to be used to pay for them, the original bill also added a surcharge to fines paid without a court appearance. Since that Would have the unintended effect of depriving municipal governments of some of their share of those fines, the Governor removed that portion of the bill to leave -- intact the current prohibition on assesslng fee in cases where fines are paid without a court appearance...
Senator Hawkinson. Could We have sone quiet, please? This is final passage. Nobody's paying attention. Nobody's listeninq. So if you could -- if you could hold down all those conversations, we would appreciate. I can't even hear what he's saying. Senator Hawkinson.
Thank your Mr. President. Thq Governor removed the provisions whlch would have attached a surcharge to fines paid without a court appearance. The House has accepted this change, and I'm in agreenent also and Nould remove -- would move that we accept the Governor's specific recommendations to House Bill 346.
Senator Hawkinson moves to accept the specific recommendations of the Governor on House Bill 346. Any dlscussion? Any discussion? If not, the question shall be... Al1 those ln favor, signify by saying Aye. Those opposed, Nay. The votin: is open. i Have you a1l voted who wish? Take the record. The questlon -- the question, there are 56 Ayes, no Nays. The specific . recammendations of the Governor as to House Bill 346, having received the required constitutional majority, is declared accepted . House Bill 347. Senator Hawkinson. On page 4 of the Calendar ln the Order of Motions... Read the motion. : SECRETARYHARRY; J I 3 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Leqislative Day December 1996 I move Eo accept the specific recommendations of the Governor as to House Bill 347, in manner and form as follows: Amendment to House Bill 347 in Acceptance of Governor's Recommendatiöns Filed by Senator Hawkinson.
Senator Hawkinson.
Thank you, Mr. President. House 3ill 347 was an agreed bill suggested by the Illinols State Bar Association that amended several Acts. It passed the Senate in the spring by a vote of 55 to nothlng. The Governor nade a change in the bill because Ne also passed Senate Bill 1470. Senate Bill 1470 also amended the Adoption Act to relieve Statefs attorneys from serving as guardian ad litems (sic) (guardians ad litem). Because of the passage of that bill, it Was necessary tp amend House Bill 347 in -- to nake consistent with those provisions of Senate Bill 1470, provldlng that a guardian ad litem wauld be scme licensed attorney other than the State's attorney acting in hts offtcial capacity. The House has aqreed With that change, and so do Ir and I Would move that we accept the Governor's speclftc recommendations for change for House Bill 347.
Senator Hawklnson moves to accept the specific recommendations of the Governor as to Hcuse Bill 347. Any dlscussicn? Any discusslon? The question shall be# shall the Senate accept specific recommendations of the Governor as to House Bill 347. All those in favor, vote Aye. Those opposedy Nay. The votln: is open. Have you a1l voted who wish? Have you all voted who Wlsh? Take the record. There are 57 Ayes, no Naysy no voting Present. The specific recommendations of the Governor as to House Bill 347, havlng received the required constltutlonal majorlty, is declared STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 l accepted. House Bill 548. Senator Cronin. Read the motion. 1 SECRETARY HARRY: I move to accept the speclfic recommendations of the Governor I as to House Bill 548, in manner and form as follows: Amendment to House Bill 548 in Acceptance of Governor's Recommendations Filed by Senator Cronin. PRESIDENT PHILIP: Senator Crontn. ! S i ENATOR CRONIN: ! I Thank you: Mr. President. Ladies and Gentlemen of the Senate, you may recall that this bill passed with numerous changes in the Prison Reform Act (sicl, or changes that initiated reform to the prison system . Requires all adults to achleve a GED, high school diploma or voc ed training. It changes the collection methodology for Violent Crime Victims Assistance funds to make them automatically collected by the c'ircuit clerk, rather than by . I i 2 specific court order. And it incorporates recoupment and i discipline language previously stricken, which permits the Illinois Department of Correqtlons to better control prison ' behavior and recoup inmate costs. The Governor Wanted to keep gang intelligence information confidential, rather than disseminating it. He seeks to more narrowly focus the inmate segregation to qang leaders, because an overwhelming number of inmates are gang-affiliated. He seeks to ensure that 1 ! constltutional requlrements are met regardlng the electronic 1 I / surveillance of gang members. And finally, as to the issue of inmate educational requirements, the Governor cites concerns over the effect of an inmate's inability to pay for the cost of the education and equal proteetion challenges. His languaqe essentially makes these programs permisstve, rather than ' ; nandatory. I ask for your favorable conslderation. i ' : 5 I ! STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR;PT 118th Legislative Day December 3, 1996
Senator Cronin has noved to accept the specific recom endations of the Governor as to House Bill 548. Any discussion? Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. I just wanted to point out that included in this bill are some measures that we supported last year when we had the now State's Attorney of Cook County, Dïck Devine, who came down to Springfield, and with a -- a bipareisan effortr we were able to inelude the legislation that he had advocated dealin: With the problems of gangs in prisons. And so, I think the Governor has made needed changes# but the bulk of his legislation is included in this. And for that reason, I stand to support the Gentleman's motian.
Senator Hendon .
Thank you, Mr. Presidenb. Will the sponsor yield for a question?
He indicates he will. Senator Hendon.
Senator, can you just refresh my memory on the vote - how the vote went on this bill when it first came out of this Senate?
Senator Cronin .
I thtnk it was unanimous, 56 to nothing . And House vote Was 1l5 to nothing. PRESIDEN; PHILIP : Senator Hendon .
6 STATZ OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 I I I Thank yau, Mr. President. Just one more. Is there any i I provksion that allows for some funding for the inmates to be able ! to get that GED? Because I remember last year there was some 1 k questionaboutsomeoftheprisonerswerenot able to even get j intoclass. Sois -- are we saying that they have to get a GED in 1 : order to be released? And if that is the case,if they fail to 1 get a GED, will this negatively impact our prison population and ! make it largerthanwe cancurrentlycontrol? 1
1 Senator Cronin.
As I stated in my opening remarks in explaining this blll, the .' I - - this does not require that a GED or high school diplcma is i mandatory; it's sinply permlssive. And the reason why that Was 1 : changed to make it permisslve was to take into account people who I : may not bave the #bility to pay.
. I : Purther discussion? If not: the question is, shall the Senate I accept specific recommendations of *he Governor as to House Bill 548 in the manner and the form just stated by Senator Cronin. I , . I Al1 those in favor will signify by voting Aye. Those opposed, Nay. The voting is open. Have -- have you a11 voted? Have you a11 voted your wish? Take the record. There are 56 Yeas, no Nays. The specific recommendation of Governor as to House Bi1l i 548, havin: received the requlred constitutional majority votes of ' the Sena*ors elected, are declared accepted. j k 1 PRESIDINGOFFICER: (SENATOR DeANGELIS) 1 Por what purpose does Senator Madigan seek recognltion? ' SENATOR MADIGAN: i j Thank you, Mr. Presldent. Polnt of personal prlvilege. l i
PRESIDING OFFICER: (SENATOR DeANGELIS) . : State your polnt, Senator. I ; I 7 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 I
Thank you, Mr. President. Today is the sixty-sixth birthday oë a colleague of mine Whom Idve sat next to far ten years. And, , Senator Woodyard, I've -- I've had the pleasure of doing this for the last ten years and I hope that We can continue to have this ! pleasureasWell. Happybirthday,SenatorWoodyard. 1
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Madigan. SENATOR MADIGAN: 1 And Senator Woodyard also invites everyone down to the Well. i There's plenty of cake for everyone today. ; PRESIDJNG OFFIC8R: (SENATOR DeANGELTS) . ) Thank you. On page 2 of today's Calendar, there is Secretary's Desk, Non-concurrence, House Bill -- is House Bill 2918. Senator Peterson, do you wish to prcceed? Read the bill, Mr. Secretary. !
House Bilt 2918, with Senate Amendment 1. , PRESIDING OFFICZR: (SENATOR DeANGELIS) r SenatorPeterson. 1
Thankyou,Mr.President. IrefusetorecedefromAmendment1 j to House Bil1 2918. PRESIDTNGOFFICER: (SENATOR DeANGELIS) ( i SenaborPetersonmovesthattheSenaEerefuseto recede from the adoption of Senate amendment to House Bill 2918 and that a 1 ' ! conferencecommitteebeappointed A11 those in favor, signify by . f i saying Aye. Opposed, say Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the Hcuse. A p Supplemental Calendar is being dlstributed. As soon as it is, we ' will be going to that orderofbusiness. Mr.Secretary,have / there been any motions filed? ! ) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 1996
Yesy Mr. President. Senator Fawell has filed a motion with respect to House Bill 378, and Senator Luechtefeld has filed a motion with respect to House Bill 1645.
PRESIDING OPFICER: (SENATOR DeANGELIS) Mr. Secretaryr the Chair requests that these motëoas be prlnted on the Calendar. So ordered. We will nou proceed to the Order of Supplemental Calendar No. House Bill 1249, on paqe Senator Petka. ...page 2 of Supplemental Calendar No . l is the Order of Motions in Writing to Accept Specific Reconmendations for Change. Senator Petka, on House B(ll 1249? Read the bill, Mr. Secretary.
I move to accept the specific recommendations of the Governor as to House Blll 1249, in manner and form as follows: Amendment to House Bill 1249 ln Accepiance of Governor's Recommendations Filed by Senator Petka.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka. SESATOR PETKAI Thank you very much, Mr. Speaker (sic) and Members of tbe senate. The Governor, in his veto message, recommended certain changes dealin: with good-time credit and also dealing with the authority over conduct of the prisoners. think that the -- the recommendations are reasonable, and I would ask for concurrence.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.
I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he yield. 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislatlve Day December 3, 1996
Senator Petka, in the Governor's recommendation, he eliminated the requirement that there be a public reporting of qang activity and that that report only be made to the Governor. Now, why shouldn ft we legislators find out about what gang activity is going on in the prisons in the State of Illinols?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka.
I think the -- the rationale that uas used, and somethlng that I accept, is the fact that the -- the activlties that are taklng place -- that the actions that shculd be taken against gang activities shculd enjoy scme form of confidentiallty, because after all, we -- we can posslbly create harm to those individuals who may be tnformkng upon the activtttes of the gangs.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.
Well -- wellg T had a hard time hearing most of that. Bu*... Could he repeat that? I -- I really couldn't hear what he saidz frankly.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka, would you repeat your answer?
The -- the primary focus, dealing with actlvities of the gangs, that the Governor has focused in on deals with maintaining confidentiallty of ongoing investigations. There are, within the prisons, informant networks. And to have public disclosure of certain types of investigative activities, in my oplnlon, is not in the best interests of, first of all, successfully prosecuting gang activity within the prison and, second oE all, of shieldin: informants from other gang members within the kalls. It is -- 10 f STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 it's a -- lt's a qlose call, but in my opinion, the -- the suggestlon of the Governor, in this instance, makes sense.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.
The Governor's message also talks about limiting the gang segregatlon to majcr gang leaders. Why aren't we dispersing these gangs and keeping them separate? Why don't we move then from prison to prison and -- and keep them from beln: as organized as they can be? Could you answer that question?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka.
Well, really don 't have an answer for you, Senator, so I won't. #RESIDING OFPICER: (SENATOR DeANGELIS) Senator Welch.
I didn't hear him. I'm sorry. What -- What Was the answer?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka, would you repeat your answer...
The answer was that I do not have an answer to your question, Senator.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.
Wellz that's what I figured. You know, we've -- we've had these hearings on prison reform a1l throughout the year. And what's happened? Wekt, wefve learned that the gangs are running the prlsons. And nowr when we try to investigate, well, ''oh, this is too sensitive for us leqislators to deal with.'' ''We can't give ; STATE OF ILLINOfS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 l this to the legislators.'' But When their budget comes along, oh yeah, well we can fund thery but we can't ask What the money's l goin: for. rou knowr we've had testimony at these hearings that I the gangs are running the prisons. How long is this going to go on? It's qone on for twenty years, and it's time for it to end. l This just -- this is absolutely ridiculous that We cannot get the informatlon about these prlsons so we can do something about it. i Thank you. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Pebka, to close. SENATOR PETKA: I would urge acceptance of the amendatory veto. PRESIDING OFFECER: (SENKTOR DeANGELIS) Senator Petka has moved to accept the speciflc recommendatlons I of the Governor as to -- to Hcuse Bill 1249. The question is, shall the Senate accept the speclfic recommendations. All those I in favor will vote Aye. Al1 opposed will vote Nay. And the votlng ls now open. Have a11 voted who wish? Have a1l voted who wish? Have a11 voted who Wish? Take the record. On that issue, there are 53 Ayesr none votinq . Nay, 2 votin: Present. The ! ' specific recommendations of the Governor as to House Bill 1249, ' i having received *he required constitutional majority vote of Senators elected, are declared accepted. We will return to the 1 Supplemental Calendar in just a moment, pendta: the readtng of the Rules Committee Report. Committee Reports. SECRETAR? HARRY: Senator Weaver, Chair of the Comnittee on Rules, reports the i following Legislative Measures havebeenasslgned: Referredto / theCommitteeonEducation-SenateAmendment4toHouseBi11207, j Senate Amendment 4 to House Bill 995; referred to the Committee on r l Executëve Appointaents (stcl (Executtve) - senate Resolutkons 248 I and 2527 referred to the Committee on Insurance, Pensions and I 12 ' j ! . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Leglslative Day December 3, 1996 Licensed Activities - Conference Conmlttee Report 1 to House Bill 6327 and Be Approved for Consideratlon - Senate Bl11 761, Hcuse Bill 207, House Bill 434 (sicl and House Bill 995. I PRESIDING OFFICER: (SENATOR DeANGELIS) We Will noW return to Supplemental Calendar No. 1. And On page 2 ls House Bill 2579. Senator Smith? Senator Smith? House Bill 2579? Read the bill, Mr. Secretary . Read the motion, Mr. Secretary. SECRETARY HARRY: i I move to accept the specific recommendations of the Governor as to House Bill 2579, in manner and form as follows: Amendment to House Bill 2579 in Acceptance of Governor's Recommendations i Filed by Senator Smith. I PRESIDING OFFICER: (SENATOR DeANGELIS) Senator 5m1th. SENATOR SMITH; ; Thank youy Mr. President and Ladies and Gentlemen of the i I I Senate. I merely want to state that my b1ll, 2579, is technlcal . in nature, and it was... Its proponent -- and supported by the Department of Public Hea1th. It was merely a Eechnical, and carried ln the House l16 to nothingy which was -- accepted i J amendatory veto. The proponents in this legislation is the Department of Health of -- Mercy Hospitalr Chicago. And as I stated beforez the veto is technical in nature and maintains the intent of House Bill 2579, which is to screen individuals for . 1 stress. I ask approval. 1 : PRESIDTNG OFFICER: (SENATOR DeANGDLTS) The question is y shall the Senate accept the specif ic recolnmendations of the Gcvernor as to House Bi11 2579, in the : manner and forn just stated by Senator Smith. Those in favor Will ; I . I vote Aye: and the opposed Wi1l vote No. And the vottng is noW I L3 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 I open. Have a1l voted Who Wish? Have a1l voted Who Wish? Have all voted vho wish? Take tbe record. On that question, there are 58 Ayes, none voting Nay, none voting Present. The specific recommendations of the Governor as to House B111 2579, having received the required constitutional majority vote of Senators electedz are hereby accepted. On Supplemental Calendar No. l is House Bill 2621. Senator Hawklnson. Read the motion, Mr. Secretary. SECRETARY HARRY: I move to accept the specific recommendations of the Governor as to House Bill 2621, in manner and form as follows: Amendment ta House Bill 2621 in Acceptance of Governor's Recommendations Filed by Senator Hawkinson. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hawkinson. SENATOR HAWKINSON: Thank you, Mr. President. This bill originally created a graduated penalty structure for the possession or sale of counterfeit products, and it had a forfeiture provision in it. The Governor made three changes to the blll, which -- 'with whlch I'm in agreement. The firstz there was a proportionality problem with the sentences in repeat offenses, and the Governor corrected that scale of penalties. Senator Cullerton will be interested that the Governor included a mental state - Hknowingly'' - for the -- for a violation of the Act. And finallyg the forfeiture 1 Section in the provision was not consistent with the forfeiture provlsions of our other criminal lawsr and he amended that Section to reference Article 36 of the Crimlnal Code, which is the current forfeiture provision. I agree with these changes and would move ' ( that We accept the Governor's recommendations for change to House j . ! Bill 2621. 14 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 118th Leglslative Day Decenber 3, 1996 PRESIDING OFFICER: (SENATOR DeANGELIS) The questlon is, shall the Senate accept the specific I ! recommendations of the Gavernor as to House Bill 2621, on the manner and form just stated by Senator Hawklnson. Those in favor will vote Aye. Those opposed will vote Nay. The voting ls noW open. Have all voted who Wish? Have al1 voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 58 Ayes, none voting Nay, none voting Present. The specific recommendations of the Governor as to Hcuse Bill 2621, havln: received the required constitutional majorityr are declared accepted. For What purpcse does Senator Madigan rise? SENATOR MADIGAN: Thank you, Mr. Presldent. Purpose of an announcement. PRESIDING OFFICER: (SENATOR DeANGELIS) State your announcement, Senator. SENATOR MADIGAN: Thank you, Mr. President. The Senate Committee on Insurance, Pensions and Llcensed Activities Committee will meet in Room 400, at the hour of 3:30, to consider Conference Commlttee Repcrt No. l to House Bill No. 632. . PRESIDING OFFICER: (SENATOR DeANGELIS) On Supplemental Calendar No . 1 is Hcuse Bill 2626. Senator Weaver. Senator Weaver? Read the motion, Mr. Secretary. SECRETARY HARRY: I nove to accept the spectfic recommendations of the Governor as to House Bill 2626, in manner and form as follows: Amendment to House Bt11 2626 in Acceptance of Governor's Recommendations Filed by Senator Weaver. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Weaver. SENATOR WEAVER: 15 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT I 118th Leqislative Day December 3, 1996 I Thank you, Mr. President. This merely clarifies Who may carry weapons, as designated in *he bill.
PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall the Senate accept the specifie recommendations of the Governor as to House Bill 2626, in the manner and form just described by Senator Weaver. Those in favor will vote Aye. The opposed will vote Nay. And the voting is noW open. Have all voted Who wish? Have a1l voted who Wlsh? Have all voted who wlsh? Take the record . On that question; there are 57 Ayes, none voting Nay, and none vcting Present. The specifie recommendations of the Governor as to House Blll 2626, havin: required -- received the required constitutional majority, is declared accepted. House Bill 2658. Senator Walsh. Read the motion, Mr. Secretary.
I move to accept the speciflc recommendations of the Governor as to House Bill 2658, in manner and form as follovsz Amendment to House Bill 2658 in Acceptance of Governor's Recommendations Filed by Senator Walsh. PRESIDING OFFICER/ (SENATOR DeANGELIS) Senator Walsh.
Thank your Mr. Presldent. House Btll 2658 passed the Senate 46 to 5 ko 3. The bill; as passedy prohlbit thlrd -- thlrd parttes from filkns a petktion for post-convkction relief, executive clemencyy or habeas corpus, without the permission of the affeceed inmate. The -- the legislati/n is limited to death penatty eases. The Govecnor simply adds a Section to it# and 1:11 read What the Section says: ''Nothin: in this Section shall be construed to limit the power of the Governor under the constitution to qrant a reprieve, commutation of sentencer or 1 16 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3: 1996 . ! pardon.'' And I Would agree the Governor's veto. 1
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Geo-Karis.
On a polne -- f vaneed eo address eo you earlîer to tell you that the prior bill, that I was goln: to vote for it, and I was distracted . So, if I were voting, I1d vote -- I would have vote Aye.
PRESIDING OFFICER: (SENATOR DeANGELIS) The reccrd will so note. The question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 2656, in the manner and form just stated by Senator Walsh - 2658. All those in favor will vote Aye. The opposed W1ll vote Nay. The voting is noW open. Have a1l voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that questiony there are 58 Ayes, none voting Nay, none voting Present. And the specific recommendations of the Governor as to House Bill 2658, having received the requlred constitutional majority vote of Senators elected, is declared accepted. House Blll 2809. Senator Hawkinson. Read the motion, Mr. Secretary. SECRETARY HARR#: I move to accept the spectftc reeommendatlons of the Governor as to House Bill 2809, in manner and form as follows: Amendment to House Bill 2809 in Acceptance of Governor's Recommendations Flled by Senator Hawklnson.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hawkinson.
Thank you, Mr. Presldent. House Bill 2809, among other thingsr attempted to ease the burden on counties, in terms of publishlng delinquent taxes where there had been delinquency over 17 ) I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 E ! ten years on leaseholds, and it was addressed prlmarily where you had publtcly owned property, such as an airport hangar or a small portion of a transportatlon rlght-of-way, which had been leased out and the taxes on that leasehold not paid and the entity that . I had been leasing it is out of business' and the eounty was ' required to publish over and over and over again. Thls bill passed without any opposition; however, the Governor noted that the language, in terms of the publication, mlght be construed to make it more difficult to collect delinquent taxes on mineral i rights on privately owned property. And so he deleted that ; i portion of. the bill, whtch limits it now only to publtcly owned . property ln the situations to which it was addressed in the first place. The House has accepted these changes, and I agree With them and would mcve that we accept the Governor's specific recommendations for ehange to House Bi11 2809. f ! PRESIDING OFFICER) (SENATOR DeANGELIS) C The question is, shall the Senate accept tée speciflc recommendatlons of the Governor as to House Bill 2809, in the manner and form just stated by Senator Hawkinson. All those in favorr vote Aye. The opposed will vote Nay. The votin: is noW open. Have a1l voted who wish? Have all voted who wish? Have j ' j a1l voted Who wish? Take the record. On that question, there are 20 -- 58 Ayes, none voting Nay, none votlng Present. House Bill 2808, havlng received the recommendations of the Senator -- of the Governor as to House Bill 2808, having received the required 1 constitutlonal majorltyr is declared accepked - 2809. Got to get i : new glasses. House Bill 3193. Senator Butler. Read the motion: i Mr. Secretary. SECRETARX HARRY: House Bill 3193. I nove to accept the specific I recommendations of the Governor as to House Bill 3193, in manner , and form as follows: 18 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legtslative Day Decenber 1996 Amendmene eo House Bill 3193 in Acceptance of Governor's Recommendations Piled by Senator Butler.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Butler.
Thank you, Mr. President. The original bill amended the Toxic Substance Disclosure to Employees Act by changing the definition to more follaw the federal law. Howeverz the Governor did find a flaw -- a teehnical problem, a flaw, With the bill. It Was intended to delete a requirement that businesses annually submit the Department of Labor Materlal Data Sheet (sic) (Material Safety Data Sheet). Unfortunately, the bill d1d not do that, and the anendatory veto corrects that problem. This is a technical correction. It should be accepted. It came out of the House l12 to zip. I would move to accept the specific recommendations of the Governor.
PRESIDING OFFICER: (SENATOR DeANGELIS) The question shall the Senate accept the specific recommendations of the Governor as to House Bill 3193, ln the manner and form just staked by Senator Butler. A1l those in favor, vote Aye. The opposed, vote Nay. The voting ks now open. Have a1l voted who wish? Have a1l voted who wish? Have voted who wish? Take the record. On that question, there are 58 Ayesr none voting Nayy and none voting Present. The specific recommendations of the Governor as to House Bill 3193, having received the required constitutional majority of the Senators elected, is declared accepted. On your desk, you wlll find Supplemental Calendar No. 2. We wi1l now move to that order of business. On Supplemental Calendar Nc . 2 is Rouse Bill 378. Senator Fawell. Read the motion...
19 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 I move to accept the specific recommendations of the Governor 1 as to House Bill 378, in manner and form as follows: Amendment to House Bill 378 in Acceptance of Governor's Recommendations ( . : ! Piled by Senator Fawell. PRESIDING OFFTCER) (SENATOR DeANGELIS) Senator Fawell. SENATOR FAWELL: Thank you very much . This is a House transportation bill, and i ! the Governor's objection was to the provlslon khich allows neW and used auto dealer plates to be attached only to the rear of the vehicley instead of both the front and the rear of the vehicle. I i . move to accept the Governor's amendatory veto. i PRESIDING OFFICER ! : (SENATOR DeANGELIS) The question 1s, shall the Senate accept the specific recommendations of the Governor as to House Bll1 378, in the manner and form just stated by Senator Fawell. All those in favor r will vote Aye. The opposed Wil1 vote Nay. And the voting is now 1 ! open. Have all voted who wish? Have a1l voted who Wish? Have a11 voted who Wish? Take the record. On that question, there are ' 53 Ayes, 3 Nays, and l voting Present. The speciftc recommendations of the Governor as to House Bill 378, having j i received the required constltutional majority, is declared accepted. Senator Geo-Karts. ...supplemental Calendar No. 2 is House Bill 1645. Senator Luechtefeld. Senator Luechtefeld? Read the motion, Mr. Secretary. @ SECRETARV HARRy: ; I move to accept the specific recommendations of the Governor as to House Bill 1645, in manner and form as follows: Amendment to House Bill 1645 in Acceptance of Governor's Recommendations . Filed by Senator Luechtefeld. E I 20 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Luechtefeld.
In the Governor's message: he expresses concern on the effect of the bill on mine subsidence and flooding. In either case, he states that it is not good public policy to encourage rebuilding on the same location. Therefore, the Governor specifically excludes flooding, unless the structure is located within the local jurisdlction khtch is participating in the National Flood Insurance Program . The Governor also shortens the allowable rebutlding period from two -- four years to two years. ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Palmer.
Thank youz Mr. Prestdent. just want to stand in support of these changes I thlnk they make good sense: The Governor's argument that homes should be rebullt in two years and, also, that it makes sense not to rebuild immediately on land that has really not settled yeb. So I support this, and I hope that We will nake the changes.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch. The question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 1645: in the manner and forn just stated by Senator Luechtefeld. A11 those in favor will vote Aye. The opposed wlll vote Nay. The voting is now open. Have al1 voted who wish? Have all voted who wish? Have a1l voted who Wish? Take the record. On that question, there are 57 Ayes, none voting Nay, and none voting Present. The speciflc recommendatlons of the Governor as to Hcuse Bill 1645, havlng recelved the required constitutional majorlty, is declared accepted. For What purpose does Senator Weaver seek recognition? 21 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 SENATOR WEAVER: For purpose of an announcement. PRESIDING QFFICER: (SENATOR DeANGELIS) State your announcemenf, Senator. SENATOR WEAVER: ! There'll be a Rules Committee meeting at 2:30, in my office. PRESIDING OFFICER: (SENATOR DeANGELIS) Rules Committee at 2:30, Senator Weaver's Office. Senator Hawkinson. SENATOR HAWKINSON: Thank you, Mr. Presldent. Purposes of an announcement. PRESIDING OFFICER: (SENATOR DeANGELIS) State your announcement. SENATOR HAWKINSON: The Judiciary Ccmmittee, originally scheduled for 1 o'clock, will ccnvene immediately upon adjournment of the Senate. If the Members Would get up there, we'll try and conclude our business expedltiously. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard . ' SENATOR WooDyARD: Thank you, Mr. Presldent. For the purpose of an announcement: The reconvened meeting of the Senate Agriculturew Conservation Commtttee will convene at 3 o'clock in Rocm 212. There's only one bill. I think the concerns have been worked outz and we could make it a very short meeting. 3 o'clock. , PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Butler. I SENATOR BUTLER: E Thank your Mr. President. Just a reminder that the Commerce and Industry Committee meeting has been rescheduled for tomorrow morning at 11 a .m., Rcom 400. ! 22 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 118th Legislative Day December 3, 1996 l 1 I PRESIDING OFFICER: (SENATOR DeANGELIS) ! Senator Karpiel.
Thank youz Mr. -- thank you, Mr. President. Just an announcement: that the Executive Committee will meet lmmediately following adjournnent today, in Room 212. We have one bill - very short. We should be out of there in less than five minutes if everybody is there on time. !
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator O'Ma11ey.
Thank you, Mr. President. Just a -- for purpcses of ! ; announcement: The Energy and Environment -- or, the Environment and Energy Telecommunlcatlons Subcommlttee will meet at 3:30 p.m., in Room 212, here in the Capitol. PRESIDING OFFICER: (S6NATOR DeANGELIS) ! Senator Burzynski. SENATOR BURZYNSKII Thank you, Mr. President. As a matter of informatlon: The i Executive Appointmenes Conmietee w1ll be meeting tomorrow morning . at 8:30. Thank you.
PRESIDING OFFICER: (SENATOR DeANGELIS) Introduction of Bills. i
Senate Bill 1958, offered by Senator Trotter. (Secretary reads title of bl1l) 1st Readin: of the bill. 1 !
PRESIDING OFFICER: (SENATOR DeANGELIS) Resolutions.
Senate Resolution 263, offered by Senator Jones and all I Members. 23 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 And Senate Resolution 264: offered by Senators Jones, Philip and all Members. They're both death resolutlons, Mr. President. PRESIDING OPFICER: (SENATOR DeANGELIS) Consent Calendar. The Senate Will stand in recess to allow committee reports to be read into the record. Tomorrow - tomorrow - the Senate will reconvene at noon. Js there any fureher business to come before the Senate? We have concluded our buslness for the day. Senator Demuzio. SENATOR DEMUZIO: We're not -- we 're not gcinç to be conducting any business other than just coming back to read in the reports. Is that rlght? Thank you. PRESIDING OFFICER: (SENATOR DeANGELIS) That ls correctr Senator Demuzlc. The Senate will stand in recess and reconvepe at 12 o'clock, tomorrow, noon. (SENATE STANDS IN RECESS) (SENATZ RECONVENES) PRESIDENT PHILIP: The Senate wlll please come to order. Committee Reports. SECRETARY HARRY: Senator Weaver, Chair of the Committee on Rules, reports *he following Legislative Measures have been assigned: Referred to the Ccmmittee on Educatlon - Senate Amendment 5 to House Bl11 207: to the Commlttee on Executive - Conference Committee Report l to Senaee Bill 1766. Senator Karpiel, Chai.r cf the Conmittee on Executive, reports i 24 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 118th Legislative Day December 3, 1996 House Bill 444 Do Passy as Amended. I I Senator Hawkinsony Chair of the Conmittee on Judiciary, r reports Senate B111 1684: the First Conference Committee Report, Be Approved for Consideration; House Bill 365 Do Pass, as Aaended; ! andHouseBill1131DoPass. Senator Woodyard, Chatr of the Committee on Agriculture and ) 1 Conservation, reports Hause Bill -- or, 2963 Do Pass, as Amended. I And Senator Madlgan, Chair of the Commlttee on Insurancez Pensions and Licensed Activities reports House Bill 632, the First ! Conference Commlttee Report, De Approved for Consideration. PRESIDENT PHILIP: Message from the House. . . SECRETARY HARRX: Messaqe from the House by Mr. McLennand, Clerk. Mr. President - I am directed to inform the Senate that the House of Rqpresentatives has refused to concur uith the Senate i in the adoption of tieir amendments to a bill of the followtng title, to wlt: i House Bill 2702: with Senate Amendments 2, 3 and 4. Non-concurred in by the House: December 3rdy 1996. . : PRESIDENT PHILIP: If there's no further business to come before the Senate, I Senator Weaver moves the Senate stand adjourned until noon on I Monday -- exeuse me -- on -- noon on Wednesday, Deeember 4th. I ! I ) 25 A REPQRT: TIFLDâY STâTE OF ILLINOIS 96/12/12 PAGE; O01 89TH GENERAL ASSEHBLY 11:48:28 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX DECEMBER 03, 1996 . HB-03k6 7ETO ACTION PAGE 2 HB-03k7 VETC ACTION PAGE 3 HB-03T8 7ET0 ACTIOM PAGE 19 E HB-0378 HOTION FILED PAG: 9 HB-05R8 VETO ACTION PAGE 5 HB-12k9 7ETO 2CT1OM PAGE 9 HB-12k9 HOTION FILED PACE 2 HB-16R5 7ET0 ACTION PAGE 20 1 HB-16#5 H0T10N FILED PAGE 9 HB-2y06 HOTION FILED PAGE 2 H8-2579 7ETO ACTIOK PAGE 13 H8-2579 HOTIOM FILED PAGE 2 : H8-2621 VETO ACTION PAGE 1R H8-2621 HOTIOM FILED PâGE 2 H8-2626 7ET0 ACTION PZGE 15 H8-2626 HOTION FILED PAGE 2 ( H8-2626 OTHER PAGE 17 H8-2658 7ETO ACTION PAGE 16 H8-2658 HOTION FILED PAGE 2 H8-2809 7ET0 ACTION PAGE 17 H8-2809 HOTION FILED PAGE 2 i H8-29:8 REFUSE T0 RECEDE PACE 8 HB-3193 7ETC ACTION PAGF 18 HB-3193 MOTIOM FILED PâGE 2 58-1958 FIRST READING PAGE 23 SR-O260 RESOLUTION OFFERED PRGE 1 1 SR-0261 RESOLUTIOM OFFERED PAGE 1 ! 5R-0262 RESOLUTION OFFERED PAGE 1 5R-0263 RESOLUTION OFFERED PZGE 23 SR-026) RESOLUTION OFFERED PAGE 2: ! SUBJECT MâTTEP SENATE TO ORDER-PRESIDENT PHILIP PAGE 1 PRZYER-PZSTOR ALLISON LUKDEEN PAGE 1 PLEDGE OF ALLEGIâNCE PAGE 1 JOURPâLS-APPROVED COHMITTEE REPORTS PZGE PâGE 1 12 i i SENATE STAMDS IN RECESS PAGE 2% SENATE RECONVENES PAGE 24 COKHITTEE REPORTS PAGE 24 HESSAGE FROH THE HOUSE PAGE 25 ; ADJOURNHENT PAGE 25 ! i i /