The reqular Session of the 90th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? Our prayer today w ill be given by Pastor R lck Wenneborg , Chatham Christi#n Church, Chatham , Illino is . Pasto r Wenneborg .
(Prayer by Pastor Rick Wenneborg)
Please rise for the Pledge of Allegiance . Senator Sieben.
(Pledge of Allegiancer 1ed by Senator Sieben)
Reading of the Journal. Senator Butler.
Mr. Presidentr I nove that read in: and approval of the Journals of Tuesday , March 11th 7 Wednesday, Ma rch 12th; and Thursday , March 13th # in the yea r 1997 , be postponed , pending a rrival o f the printed Journals.
Senator Butler moves to postpone the reading and the app roval of the Journals , pendinq the arrival of the printed transcript .. There being no objections, so ordered. Committee Reports.
Senator Lauzen, Cha ir o f the Comm lttee on Commerce and Industry , reports Senate Bills 73, 77 , 85# 204, 206 , 417, 707, 716 and 1074 Do Pass; and Senate Bills 76 , 476 , 663, 753, 1020 and 1039 Do Pass , as Amended .
Messages from the House .
Message frcm the House by Mr . Rossi, Clerk . STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leg islative Day March 1997 M r. President am dlrected to inform the Senate that the House of Representatives has passed bills of the follow ing titles , in the passage of which I am asked -- instructed to ask the concurrence of the Senate , to Wit : House Bills 242, 287 , 297 , 709 and 844. A1l passed the House , March l3th r 1997 . Another Message . M r. President I am directed to inform the Senate that the House of Representatives has adopted the following jolnt resolution , in the adoption of Which I am instructed to ask the concurrence of the Senate r to wit: House Joint Resolution
Messages.
Communication from Senator Dunn: Dear M r. Secreta ry - Please be info rmed that I hereby resign my position as State Senato r for the 43rd Senate District effectlve at the close of business on Friday r March 14th , 1997. It has been an honor serv ing the Illino is State Senate . Sincerely , Thomas A . Dunn, State Senator.
House Bills 1st Reading .
House Bill 70, offered by Senato r Dillard . (Secretary reads title of bill) House B ill 131, by Sena tor Rauschenberger. (Secretary reads title of bill) Senator Parker offers House Bill 236 . (Secretary reads title of bill) A nd House Bill 844, presented by Senator Fawell . (Secretary reads title of bill) STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislatlve Day March 14 , 1997 1st Reading of the bills .
could have your attentionr we 're going to do 2nd Readings , then 3rd Readings . I 'm assuming we lre going to Wo rk until about 11 :30, quarter till l2, and -- so everybody can go home for a nice, long weekend and watch a11 those Illinois teams W in . So on top of page Senate B ill Senator Karp iel. Take lt out of the record . Senate Bill 5 . Take out of the record . Senate B ill 6. Take it out of the record . Senate Bill Take it out of the record . Senate Bill 9. Take it out of the record . Senate Bill Sena tor Parker . Senate Bill 30 . Senator Parker . Take it out of the record . Senate 3ill 46. Senator Peterson . Senato r Peterson. Move the bill -- read the bill .
Sena te Bill 46. (Secretary reads title of bill) 2nd Readlng of the bill . The Comm lttee on Revenue adopted Anendment No .
Have there been any other Floor amendments that have been app roved for consideration?
No further amendm ents reported.
2nd Read ing -- 3rd Reading . Senate Bill Senator Mahar. Senate Bill 54. Senator Mahar. Take it out of the record . Senate Bill 63 . Senato r Madigan . Senate Bill 63 . SenaEor Madigan. Take it qut of the record . Senate Bill 65. Senaeor Tro tter . Senate Bill 65 . Senator Trotter . Take it out of the record . Senate Bill 74. Senator Lauzen . Senate Bill 74. Senator Lauzen. Take it out of the record . Senate Bill 75. Senator Lauzen. Senate Bill 75 . Senato r Lauzen. Take it out of 3 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 r 1997 the reco rd . Senate B ll1 79 . Senator Rauschenberger . Read the b ill.
Senate Bill 79. (Secretary reads title of bill) 2nd Readin: of the bill . No commlttee or Floor amendments .
3rd Reading . Senate Bill 8l. Senator O 'Malley . Read the bill , Mr . Secreta ry .
Senate Bill 81 . (Secretary reads title of bill) 2nd Read tng of the bill. The Committee cn Revenue adop ted Amendment No .
Have there been any Floor amendments that have been approved for consideration? SECRETARY HARRY Z No further amendments reported .
3rd Read ing . Senate Bill 140 . Senator Radogno . Senate Bkll - - Radogno . 140. Take it out o f the record . Senate Bill 141. Sena to r Mahar . Senate Bill Senato r Mahar. Take it out of the record . Senate Bill 156 . Senato r Jacobs . Take out of the record . Senate Bill 159. Senator Weaver. Senate Bill 159 . Senato r Weaver. Take it out of the record . Senate B ill 165. Senator Walsh . Senate Bill 165. Senato r Walsh . Take it out of the record . Senate Bill Senator Farley . Senate Bill 171. Senator Parley . Take it out of the record . Senate Bill 175 . Senator Petka . Take it out of the reco rd . Senate Bill 182. Senator Rauschenberger . Take it out of the record . Senate Bill 203. Sena tor Lauzen . Senate Bill 203. Sena tor Lauzen . Take it 4 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 14 , 1997 out of the record . Senate Bill 209 . Senator Carroll . Senate Bl11 209. Senator Carroll. Take it out of the record . Senate Bi11 225. Senator Parker. Take it out of the reco rd . Senate Bil1 228. Senator Dudycz . Read the bill, Mr . Secretary .
Senate Bill 228 . (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Executive adopted Amendment No . 1 .
Have there been any other Floor amendments that have been approved for consideration?
No further amendments repo rted .
3rd Readinq . With leave of the Body, we dll go back to Senate Bill 159 . Is leave granted? Leave is granted . Senate Bill 159 . Sena tor Weaver. Read the bill, M r. Secreta ry .
Senate Bill 159 . (Secretary reads title of bill) 2nd Readinq of the bill . The Comm lttee on Executive adopted Amendment No .
Have there been any Floor amendments that have been approved for consideratton?
No further amendments reported .
3rd Reading . Senate Bill 240 . Senator Karpiel . Read the bill, M r. Secretary .
STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14, 1997 Senate B ill 240. (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floo r amendments .
3rd Read tng . Senate B ill 250 . Senator Rea . Senate Bill 250 . Senato r Rea . Take it out of the record . Senate Bill 265. Senato r Demuzlo . Read the bill, Mr . Secretary .
Senate Bill 265. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments .
3rd Reading . Senate Bill 287. Sena tor Luechtefeld . Take out of the reco rd . Senate Bill 299. Senator Rauschenberger. Read the bill, M r. Secretary .
Senate Bill 299. (Secretary reads title of bill) 2nd Read ing of the bill . The Conm ittee on Environment and Energy adopted Amendment No .
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported , Mr. President .
3rd Read ing . Senate Bill 304 . Senator Sieben . Read the bill, M r. Secretary .
Senate Bill 304 . (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Agriculture and 6 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 1997 Conservation adopted Amendment No .
Have there been any Floor amendments that have been approved for conslderation?
No amendments reported .
3rd Reading . Senate Bill 305. Senator Sleben . Take it out of the record . Senate Bill -- take it out of the reco rd . Senate Bill 307 . Senator Viverito . Senate Bill 307 . Senator Viverito . Take it out of the record , M r. Secreta ry . Senate Bill 327. Senator Parker. Read the b illy Mr . Secretary . SECRETARY HARRY ) Senate Bill 327 . (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Public Hea1th and Welfare adopted Amendments l and 2 .
Have there been any Floor amendments that have been approved fo r consideration?
No further amendments reported .
3rd Readlng . Senate Bill 345. Sena tor Cronln . Take it out o f the reco rd . Senate B ill 350. Senato r Jaeobs . Take it out of the record . Senate Bill 351. Senator Carroll. Senate Bill 351 . Senator Carroll. Take it out of the record . Senate Bill 356. Senator Parker. Take lt out of the record .
PRESIDING OFFICER : (SENATOR KARPIEL) We 're still on the O rder of Senate -- 2nd Reading . Senate Bill 366 . Senato r Parker. Out of the reco rd . 372. Senator Burzynski . Out of the record . 374. Senator Lauzen? 374. STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day Ma rch 14, 1997 Senator Lauzen. Out of the record . 378 . Senator Mahar? Senator Mahar? Out of the record . 381 . Senator Fawell. Out of the record . Senate Bill 404 . Senator Sm ith? Out of the record . 406. Senato r Rauschenberger. Out of the reco rd . Senate Bill 418 . Senator Cullerton. Read the bill , M r. Secretary .
Senate Bill 418 . (Secretary reads title of bill) 2nd Reading of the b ill. The Comm ittee on Public Health and Welfare adopted Amendment No . 1.
PRESIDING OFFICER : (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments repo rted .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 428 . Senator Sieben . Read the bill, M r. Secretary .
Senate Bill 428. (Secretary reads tltle of bill) 2nd Reading of the bill. The Comm ittee on Executive adopted Amendment No .
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments tha t have been approved for consideratlon?
No further amendments reported .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . Senator Hawkinson , on Senate Bill Read the bill, Mr. Secretary .
8 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day Ma rch 1997 senate Bill 431 . (Secretary reads title of bill) 2nd Reading of the b ill. The Comm ittee on Environment and Energy adopted Amendment No . 1.
PRESIDING OFFICER: (SENATOR MARPIEL) Have there been any Floor amendments tha t have been approved fo r consideration?
No further amendments reported.
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . Senate Bill 435 . Senato r Butler. Sena tor Butler? Read the bill, Mr . Secretary.
Senate Bill 435. (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate B l11 436 . Senator Butler. Read the bill , M r. Secretary .
Senate Bill 436 . (Secretary reads tltle of bill) 2nd Reading of the bill. The Conmittee on Executive adopted Amendment No . 1.
PRESIDING OFFICER : (SENATOR RARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Read ing . Senate Bill 438 . Senato r Parker. Out of the reco rd . Senate Bill 452. Senator Dudycz. Out of the record . 9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leg islattve Day March l4 , 1997 Senate Bkll 454 . Senato r Fawell. 0ut of the record . Senate Bill 459. Senator Luechtefeld . Out of the record . Senate Bill 475. Senator Radcgno. Please read the billr M r. Secretary .
Senate Bill 475 . (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Environment and Ene rgy adopted Amendment No . 1 .
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 483. Senator Walsh . Senato r Walsh? Out o f the record . Senate Bill 493. Senator Weaver. Out of the record . Senate Bill 495. Senator Geo-Ka ris. 0ut of the record . Senate Bill 521. Senator Jones . Out of the reco rd . Senate Bi1l 522 . Senator Watson . Read the billy Mr . Secreta ry .
Sen#te Bill 522. . (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Revenue adcpted Amendment No . 1 .
PRESIDING OFFICER: (SENATOR RARPIEL) Have tbere been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . Senate Bill 524. Senator Watson . Read the bill , Mr. Secretary . 10 1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leqislative Day Ma rch 14, 1997
Senate Bill 524 . (Secretary reads title of bill) 2nd Read ing of the b lll . The Comm lttee on Revenue adopted Amendments 1 and 2.
PRESIDING OFFICER : (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for conslderation?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 531. Senator Walsh . Out of the record . Senate B ill 543 . Senator Dudycz? Out of the record . With leave , T 'd like to go back to Senate Bill 545 . Senate B ill 549 . Senator Hawkinson . Out of the record . Senate Bill 561 . Sena tor O 'Malley . Read the billr M r. Secre ta ry .
Senate Bill 561. (Secretary reads title of bill) 2nd Read ing of the bill. No committee o r Floor amendments .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 580 . Senator Farley . Senato r Farley? Out of the record . Senate Bill 593. Senator Peterson. Read the b ill, M r. Secretary .
Senate B ill 593 . (Secretary reads title of bill) 2nd Reading of the bill . The Committee on State Government Operations adopted Amendment No .
PRESIDING OFFICER : (SENATOR KARPIEL) Have ehere been any Floor amendments tha t have been app roved for consideration? 11 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14, 1997
No further amendments reported .
PRESIDING OFFICER: (SENATOR RARPIEL) 3rd Reading . Senate Bill 600. Senator Cullerton . Could We please have lt quiet , and all Members who have not come to the Floo r yet, we are proceeding on 2nd and 3rd Readings today . Senator Cullerton? Out of the record . Senate Bill 604 . Senator Sieben . Out of the record . Senate Bill 605. Senator Mad igan . Out of the record . Senate Bill 610. Senator Burzynski. Out of the record . Senate Bill 618. Senator Lauzen . Please read the b ill, M r. Secretary .
Senate Bill 618 . (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Revenue adopted Amendment No .
PRESIDING OFPICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFPICER: (SENATOR KARPIEL) 3rd Readlng . Senate Bill 645. Senato r Claybo rne . Out of the record . Sena ee B11l 657. Sena tor Lauzen . Read the bill, Mr. Secretary . SECRETARY HARRY ; Senate Bill 657. (Secretary reads title of bill) 2nd Readlng of the bill. No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Read ing . Senate Bill 658 . Senator Lauzen . Out of the record . Senate Bill 659. Senato r Madigan . Out of the record . 12 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leglslatlve Day Ma rch l4, 1997 Senate Bill 664. Senator Butler . Ou* of the reco rd . Sena te Bill 665 . Senator Maitland . Read the bill , Mr . Secreta ry .
Senate Bill 665. (Secretary reads tltle of b1l1) 2nd Read ing of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Read ing . Senate Bi1l... Have there been any Floo r amendments that have been approved fo r consideration?
No further amendments repo rted , Madam President .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Readlng . Senate Bi11 666 . Senator Maitland . Read the bill , Mr . Secretary .
Senate Bill 666 . (Secretary reads title of blll) 2nd Reading of the bill . No comm ittee or Floo r amendments .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Readlng. Senate Bill 667. Senator Madigan. Out of the record . Senate Bill 672. Senator Hawkinson? Out of the record . Senate Bill 674. Senator Sieben. Out of the record . Senate Bill 677. Senator Jacobs . Out of the record . Senate Bill 678 . Senator O 'Malley . Read the bill, Mr. Secretary .
Senate B ill 678 . (Secretary reads title of bill) 2nd Reading of khe blll . No committee or Floor amendm ents .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate B ill 679 . Senator O 'Malley . Read the blll, Mr . Secretary .
13 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 , 1997 Senate Bill 679 . (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Read ing . Senate Bill 680 . Senator O 'Malley . Read the bill: M r. Secreta ry .
Senate Bill 680 . (Secretary reads title of b11l) 2nd Reading of the bill. No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Read ing . Senate B ill 685. Senator Wa lsh? Out of the record . Senate Bill 686 . Senator Walsh . Out of the record . Senate Bill 689 . Senator Donahue . Read the billy Mr . Secretary .
Senate B ill 689 . (Secretary reads title of bill) 2nd Reading of the b ill. No comm ittee amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments tha e have been approved for consideration?
No amendments reported , Madan President.
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . Senate Bill 691 . Senator Butler . Read the blll, M r. Secretary .
Senate Bill 691. (Secretary reads title of btll) 2nd Read ing the bill . The Committee on Local Governmen t and Elections adopted Amendment No . 1.
PRESIDING OFFICER : (SENATOR KARPIEL) 14 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 1997 Have there been any Floor amendments that have been app roved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . Senate Bill 693. Senato r Butler . Read the bill , Mr. Seereta ry .
Senate B ill 693 . (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Readihg. Senate Bill 700. Senator O 'Malley. Senator O 'Ma11ey? Senate Bill 7007 Read the bill, M r. Secretary .
Senate Bill 700. (Secretary reads title of b' ill) 2nd Reading of the bill . The Comm ittee on Environment and Energy adopted Amendment No .
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floo r amendments that have been app roved for eonsideration?
No further anendments reported .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Read lng . Senate B111 709 . Eenator Fitzgerald . Out of the record . Senate Bill 711. Senato r Parker. Out o f the record . Senate B i11 712. W ith leave, I 'd like to go back ko the this Senate Bill 712. Senate Bill Senator Dudycz. Out of the record . With leave , I'd like to go back to Senate Bill 723 . Senate B1l1 737. Sena tor Fitzgerald . Out of the reeord . Senate Bill 740 . Senato r Fitzgerald . Out o f the record . Senate Bill 15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leqislative Day March 14, 1997 747. Senator Fitzgerald . Out of the reccrd . Senate Bill 755. Senator Obama . Out of the reco rd . Senate Bill 762 . Senator Dudycz . Out of the record . Senate Bill 772. Senato r Halvo rson. Read the bill, M r. Secretary . '
Senate Bl11 772. (Secretary reads tttle of bill) 2nd Readin: of the blll . No comRittee or Floo r amendments.
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . Senate Bill 773 . Senator Halvorson. Read the billr Mr. Secretary .
Senate Bill 773. (Secretary reads title of bill) 2nd Read ing of the bill. The Comm ittee on State Government Operations adopted Amendment No . 1 .
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been app roved for conside ration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . Senate Bill 776. Senato r Halvorson . Read the b ill , M r. Secretary .
Senate B 1l1 776 . (Secretary reads tltle of bill) 2nd Reading of the bill . The Commlttee on Judiciary adopted Amendment No . t .
PRESIDING OFFICER : (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration? 16 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch 14, 1997
No further amendments reported.
PRESIDINC OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 777. Senator Carroll. Out of the record . Senate Bill 778 . I 'd like leave to go back to Senate Bill 778. Senate Bill 781 . Senato r Parker . Out of the record . Senate Bill 791. Senator O 'Malley . Read the b illr Mr. Secretary .
Senate Bill 791. (Secretary reads title of bill) 2nd Read ing of khe bill. No comm ittee or Floor amendments.
PRESIDINC OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 795. Senato r S ieben . Out of the record . Senate Bill 796. Senato r Dillard . Oue of ehe reco rd . Senate Bill 798 . Senator Fawell . Out of the record . Senate Bill 799. Senator Donahue . Senato r Donahue, on Sena te Bill 799? Read the b ill , Mr . Secretary .
Senate Bill 799 . (Secretary reads tttle of bll1) 2nd Reading of the bill. The Commlttee on State Government Operatlons adopted Amendments 1 and 2.
PRESIDING OFFICER : (SENATOR KARPIEL) Have there been any Floo r amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR RARPIEL) 3rd Reading . Senate B ill 800 . Senator Fawell . Out o f the record . Senate Bill 801 . Senator Madigan . Ou t of the reco rd . Senate Bill 814 . Senato r Maha r? Read the bill, M r. Secretary .
STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day Ma rch 1997 Senate Bill 814 . (Secretary reads title of bi11) 2nd Reading of the bill . The Committee on Environment and Energy adopted Amendment No .
PRESIDING OEEICER : (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideratlon?
No further amendnents reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 815. Senator Mahar . Read the bill , Mr... Ohr out of the record . Senate Bill 827. Senato r Radogno . Read the bill, Mr. Secretary .
Senate Bill 827 . (Secretary reads title of bill) 2nd Read ing of the bill . The Committee on Judiciary adopted Amendment No .
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floo r amendments that have been app roved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 855. Senato r Donahue . Read the b ill, Mr . Secretary .
Sena te Bill 855. (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
PRESIDING OFFICER : (SENATOR RARPIEL) 3rd Reading . Senate Bill 857. Senator Burzynski. Out of the 18 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 r 1997 record . Senate Bill 860. Senator Maha r. Out of the reco rd . Sena te Bill 861. Senator Mahar. Read the bill -- oh , out of the record . Senate Bill 866. Senator Weaver. Senato r Weaver. The sponsor requests that Senate Bill 866 through 875 be held on 2nd Reading . That takes us to the middle of page 10 , with Senate Bill 890 . Senator Bowles . Out of the reco rd . Senate Bill 895 . Senator Molaro . Out of the record . Senate Bill 899 . Senator Madtgan . Out of the record . Senate Bill 902 . Senator Burzynski . Out of the record . Senate Bill 908. Senator Luechtefeld . Read the bill, Mr . Secretary .
Senate Bill 908 . (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Agriculture and Conservation adopted Amendment No .
PRESIDING OFFICER: (SENATOR KARPIEL ) Have there been any Ploo r amendments that have been approved for consideration?
No further amendments repo rted .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 910 . Sena tor Luechtefeld . Read the billz M r. Secretary .
Senate Bill 910 . (secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Executive adopted Amendment No . 1 .
PRESIDING OPFICER : (SENATOR KARPIEL) Have there been any Floor amendments that have been app roved fo r consideration?
19 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch 14, 1997 No further amendmenes repo rted .
PRESIDING OFFICER : (SENATOR RARPIEL) 3rd Reading. Senate B1ll 912. Senator Berman. Out of the record . Senate Bill 920 . Senator O 'Malley . Read the bill , M r. Secretary .
Senate Bill 920 . (Secretary reads title of bill) 2nd Reading of the b111 . No comm ittee or Ploo r amendments .
PRESIDING OEFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 922. Senator Shadid . Out of the record . Senate Bill 929 . Senator Rauschenberger. Read the bill, Mr. Secretary .
Senate Bill 929 . (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Llcensed Activitles adopted Amendment No . 1 .
PRESIDING OFFICER : (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration? SECRETARY HARRY : ' No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 930. Senator Rauschenberger. Read the bill, Mr . Secretary .
Senate Bill 930. (Secretary reads title of bill) 2nd Reading of the bill . The Commlttee on Env ironment and Energy adopted Amendment No . 1 .
PRESIDING OFFICER : (SENATOR KARPIEL) 20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leqislative Day March 14, 1997 Have there been any Floor anendments that have been approved for consideratlon?
No further amendments repo rted .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Readinq . Senate Bill 934 . Senator Klemm . Senator Klemm . Out of the record . Senate Bill 937 . Senator Peterson. Read the bill, Mr. Secretary .
Senate Bill 937 . (Secretary reads title of b1l1) 2nd Reading of the bill . No committee or Floo r amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Readlng . Senate Bill 939. Senator Watson. Read the bill r Mr. Secretary .
Senate Bill 939. (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Environment and Energy adopted Amendment No .
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floo r amendments that have been approved for conslderatian?
No further amendments reported .
PRESIDINC OFFICER: (EENATOR KARPIEL) 3rd Reading . Senate B ill 944. Senato r Petka . Out of the record . Senate Bill 945 . Senator Petka . Out of the record . Senate Bill 950 . Senator Fawell. Out of the record . Senate Bill 952. Senator Dillard . Out of the record . Senate Bill 959 . Senato r Klemm . Out of the reccrd . Senate Bill 968 . Senator Shaw . Out of the record . I 've been advised it 's getting un ruly 21 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch l4, 1997 again . Senate Bill 996 . Senator Cullerton. Out of the record . Senate Bill 1001 . Senator Rauschenberger . Read the b ill, Mr . Secretary .
Senate Bill 1001 . (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Environment and Energy adopted Amendment No . 1.
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been app roved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . Senator Shaw , on Senate Bill 1002. Out o f the record . Senàte Bill 1005. Senator Maltland . Out of the record . Senate Bill 1007 . I ask leave to go back to Senate Bill 1007 . Senate Bill 1008 . Senator Philip . Out of the record . Senate B ill 1009 . Senator Petka . Out of the record . Senate Bill 1010 . Senator Maitland . Out of the record . Senate Bill 1011. Senator Ma itland . Out of the record . Senate Bill 1012. Senatar Weaver. Out of the record . Senate B ill 1013. Senator Philip . Out of the record . Senate Bi11 1014 . Senator Philip . Out of the record . senate Btll 1015 . Senato r Philip . Out of the record . Senate Bill 1016. Senato r Philip . Out of the record . Senate Bill 1017 . senator Philip . Out of the record . Senate Bill 1018 . Senato r Butler. 0ut of the record . Senate B i11 1019. I ask leave to go back to Senate Bil1 1019. Senate Bill 1032. Senator Dudycz. Out of the record . Senate Bill 1041 . Senator Pa rker? Senate Bill 1041 . Out of the record . Senate B ill 1045. Senator Geo-Karis. Read the bill, M r. Secretary .
22 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislatlve Day Ma rch 1997 Senate Bill 1045. (Secretary reads tltle of bl11) 2nd Reading of the bill. No committee or Floo r amendments .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 1048. Senator Jones . Senator Jonesy on Senate Bill 1048? Out of the record . Senate B ill 1052 . Senato r Parker. Out of the record . Sena te Bill 1053. Senator Pa rker. Out of the record . Senate Bill 1058 . Senator Pa rker. Out of the record . Senate Bill 1059. Senator Parker. Please read that bill, Mr. Secretary .
Senate Bill 1059 . (Secretary reads title of bill) 2nd Reading of the blll . No committee o r Floor amendments .
PRESIDING OFFICER : (SZNATOR KARPIEL) 3rd Reading . Senate Bill 1072 . Senator Berman . Out of the record . Senate Bill 1076 . Senator Severns . Out of the record . Senate B ill 1084 . Senator de1 Valle . Out of the record . Senate B ill 1094 . Senator Severns . Read the bill , M r. Secretary .
Senate Bill 1094 . (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Revenue adopted Aa endment No .
PRESIDING OFFICER : (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate B ill 1099 . Senator Pa rke r. Read the bill, M r. Secreta ry . 23 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 1997
Senate B ill 1099. (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Judiciary adcpted Amendment No . 1.
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . Senate Bill 1105 . Senator Dudycz. Out of the record . Senate Bill 1109 . Senator Klemm . Out of the reccrd . Senate Bill 1120 . Senato r Bowles. Out of the record .
PRESIDING OFFICER : (SENATOR DONAHUE) We had leave of the Body to go back to pick up a few 2nd Readin: bills. On the Calendar is Senate Bill 452. Senator Dudycz. Do you wish ... M r. Secretary , read the bill.
Senate Bill 452. (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Transpo rtation adopted Amendment No .
PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Floo r amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Karplel , do you wish to move Senate Bill 545? Read the bill, Mr. Secreta ry . SECRETARY HARRY ) 24 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leg islatlve Day March l4 , 1997 Senate Bill 545. (Secretary reads tltle of bill) 2nd Readlng of the bill. The Committee on Environnent and Energy adopted Amendment No .
PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Floor amendments approved? SECRETAR? HARRY : No further amendments reported .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Karpiel , Senate B ill 7127 Read the bill, Mr. Secretary .
Senate Bi1l 712. (Secrekary reads title of bi11) 2nd Read ing of the bill . No comm ittee or Floo r amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Read ing . Senator Karplel, on 723? Read the bill, Mr . Secretary .
Senate Bill (Secretary reads title of bill) 2nd Readtng of the bill. The Committee on Executive adopted Amendment No . 1.
PRESIDING OFFICER: (SENATOR RARPIEL) Have there been any Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Sena tor Karpiel , on Senate Bill 778 . Read the billy Mr . Secretary .
25 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14# 1997 Senate Bill 778 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OPFICER : (SENATOR DONAHUE) 3rd Read ing . Senate -- Karpiel, on Senate Bill 1007 . Out of the record . Senator Ka rpiel, on Senate Bill 1019 . Read the blll , Madam -- M r. Secretary .
Senate Bill 1019 . (Secretary reads title of bill) 2nd Read ing of the blll. The Comm ittee on Executive adopted Amendment No . 1 .
PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Floor amendnents approved fo r conside ration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Committee Reports . SECRETARY H/RRY: Senator Weaver , Chair of the Comm ittee on Rules r reports the followlng Legislative Measures have been assigned : Referred to the Commlttee on Financial Institutions - Senate Amendment 1 to Sena te Bill 690 ; to the Committee on Insurance and Pensions - Senate Amendment 1 to Senate Bill 63 and Amendment l to Senate B ill 194; to the Commlttee on Judiciary - Amendment 1 to Senate B ill 844, Amendment l to Senate B ill 912, and Amendment 2 to Senate Bill 9522 to the Comm ittee on L icensed Activities - Amendment 2 to Senate Bill 372, Amendment 2 to Senate Bill 1084: to the Committee on Local Government and Elections Am endment 1 to Senate Bill 682: to the Commlttee on State Government Operations - Amendment 1 to Senate Bill 250 (Senate Amendment No. 26 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leg islative Day Ma rch 1997 l to Senate Bill 689) (Amendment within parentheses inadvertently not read into record, but submitted ln writinq); and Be Approved for Conslderation - Sena te Amendment 3 to Senate Bill 444, Senate Amendment to Senate Bill 594 , Senate Amendment to Senate Bill 600, Senate Amendnent 2 to Senate Bill 1103, and Senate Amendment 2 to Senate Bill 1108 .
PRESIDING OFFICER : (SENATOR DONAHUE) If you are in the hearing of my voice and you dre not on the Senate Floor, We are going to go to the Order of House Bills 3rd Read ing , then to the Order of Sena te Bills 3rd Reading . So , come to the Floor . On the m iddle of page -- o r, in the middle of page 22 is House Bills 3rd Reading is House Bill 281 . Senator Watson . Mr . Secretary, read the bill .
House Bill 281. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
Yes, thank you y Madam President. want to thank you and the Body for giving us the opportunity to expedite a bill that is on somewhat of a fast track, obviously , and it 's House Bill 281 . And if you read your Calendar, and it says on the Calendar that it authorizes the Southwestern Illino is Development Autho rity to designate certain territory in its jurisdlction as an enterprise zone. That 's exactly What the b1ll does . This language was involved in a bill that was a conference committee repo rt at the end of last season -- last Session , and , unfortunately , the there was some language in the bill the Governor objected to, and he had to veto the bill altogether . In his Veto Message though , he said that if this language was brought to him in an exped ited 27 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4 r 1997 manner, he Would certainly review it and give it special consideration . And the reason we Want this is an industrial park in -- right along route -- Interstate 255 and 270 , located in Senator Bowles ' district, is an industrial park and We have an opportunity there to create a considerable number of jobs for our area : and part of that is based on the fact that -- some of the -- the benefits of an enterprise zone . So if you would give us some special consideration, we would appreciate it, and I would thank you and hopefully receive a lot of green lights.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none , the question is, shall House Bill 28l pass. Those in favor will vote Aye . Opposed, Nay . And the voting is open. Have all voted Who wish? Have a1l voted who wish? Have al1 voted Who Wish? Take the record . On that question , there are 55 Ayesz no Nays , none voting Present . House Bill 281, having received the required constitutional majority, is declared passed. Top of page 13, Senate Bills 3rd Reading . I would caution the Members that this is Priday; our deadline is next Thursday. We will not be going through the Calendar unless we start moving these bills. We dre only going to be able to go through the Calendar so many times , so don 't wait . Sooner you call 'em , the better. A11 right. Senate Bill Senator Philip . Out of the record . Senator Philip , on Senate Bill 2. Out of the record . Senato r Bomke r on Senate Bill 3? Out of the record . Senator Luechtefeld , on Senate Bill l3 . Out of the record . Senator Garcia , on SenaEe Bill 20. Read the bill, M r. Secretary .
Senate Bill 20 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR DONAHUE) 28 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4, 1997 Senator Garcia .
Thank you, Madam President. Senate Bill 20 , as amended, clarifies that the business entities formed as lim ited liability companies are eligible for the enterprise zone qualified investment credit and the traininq expense credit. Essentially this bill is to address a situation in my district where a company that is located there is seeking job tax credits. Itdll create additional jobs and it fosters economic development in an enterprise zone .
PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 20 pass . Those in favor will vote Aye. Opposed , Nay . The voting is open . Have all voted who wish? Have all voted who w ish? Have a11 voted who wish? Take the record . On that question , there are 56 Ayes, no Naysz none voting Present. Senate Bill 20, having received the required constitutional majorityz is declared passed. Senator Petersonz on Senate Bill 2l. Out of the record . Senator Hendon : on Senate Bill 25. Read the bill, Mr. Secretary .
Senate Bill 25. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Hendon .
Thank you, Madam President. This bill would create the Citizens Review Board for CHA police . It 's been amended to accommodate the concerns of Senator Dudycz, who is now my cosponso r, and Senator Trotter, and I 'd ask for a favo rable roll call . 29 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislatlve Day March 14, 1997
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none , the question is# shall Senate Bill 25 pass . Those in favor will vote Aye . Opposed , Nay . And the voting is open . Have a11 voted who kish? Have all voted who Wish? Have al1 voted who Wish? Take the record . On that question, there are 52 Ayes, no Nays , none voting Present. Senate Bill hav ing received the required constitutional majority, is declared passed. Senator Mahar, on Senate Bill 55 . Out of the record . Senate Bill -- cut of the record . Senator Watson, on Senate Bill 67 . Read the bill , Mr. Secretary .
Senate Bill 67. (Secretary reads title of bill) 3rd Read ing of the bill .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson .
Yes . Thank you, Madam President . This is an effort to keep the p rocess moving as far as possible revisions in the School Code . This is a vehtcle y and I Would appreciate your suppo rt.
PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Any d iscusslon? Seeing none , the question is, shall Senate Bill pass. Those in favor will vote Aye . Opposed , Nay . And the voting is open . Have a11 vo ted Who wlsh? Have all voted who wish? Have all voted who W lsh? Take the record . On that question, there are 56 Ayes, no Nays , none voting Present. Senate 3i11 67, having received the required constitutional majority, is declared passed. Senator Bowles, on Senate Bill 80? Read the billr Mr . Secretary .
Senate ;ill 80. 30 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day Ma rch 1997 (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Bowles.
Thank you , Madam Chairman -- President . I 'm so rry . This bill is intended to prohlbit the reuse of any special medical devices, such as arthroscoplc blades, and specific medical devices that are intended for single-time usage. The federal Drug Administratlon Office -- Food and Drug Administration Office found that there were instances where these devices Were attempted to be sterilized and caused infection and health problems . And I -- I -- the Med tcal Society and the Illinois Hospital and Health Society are neutral on the bill, and I would be happy to answer any questions ; otherwise, I would appreciate an affirmative vote on Senate Bill 80 .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Watson .
Well, thank you, Madam President . I guess it 's a question of the sponsor . I 'm not sure exactly What would be ...
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she 'll yield , Senator Watson .
.. . what would be considered a one-time use medical device . Let's say someone has a -- a wrlst problem . They come into a drugstore and buy one of those w rlst braces, and they take it home and find out it doesn 't fit or, for whatever reason , they don 't they want to bring it back . Is this going to prohlblt them?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Bowles .
31 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day Ma rch 14r 1997 The purposes of this -- this Section : ''dsingle-use surg ical devlce ' means a cardiac catheter, angioplasty balloon catheter, arthroscopic knee surgery blade , and any other device marketed or sold as a disposable or single-use device''.
PRESIDING OFFICER : (SENATOR DONAHUE) Is there further discussion? Further dlscussion? Seeing none, the question is, sha ll Senate Bill 80 pass. Those in favor will vote Aye . Opposed, Nay . The voting is open. Have a11 voted who wish? Have all voted who w ish? Have a11 voted who wish? Take the record . On tha t question , there are 55 Ayes , no Nays , none vo ting Present. Senate Bill 80, having received the required constltutional majority, declared passed. Senator Butler, on Senate Bill 1037 Read the billz Mr . Secretary .
Senate Bill 103. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Butler.
Thank you very much -- excuse me . Lad ies and Gentlemen, Senate Bill 103 is an effort to simplify , a small way, some of the p roblens attendant to a special assessment district. Essentlally what this does ls to perm it a layering o f imp rovements to be on one -- or, on one spec ial assessnent; that is , if you had a sewer and you had a water line and an overlying street r and even lighting improvements, they could a11 be combined into one special assessment . Now r there 's some confuslon over Whether or not this applies to noncontiguous projects; that is, if you had a street at one end of town and another street on the other end of the town you could not do these. These have to be a single project, contiguous, so to speak . This is merely simplifylng thts . I 1d be 32 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 14 , 1997 happy to ansWer any questions .
PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Is there any d iscussion? Seeing none, the question is , shall Senate Bill l03 pass . Those in favor will vote Aye . Opposed , Nay . And the voting is open. Have a1l voted who Wish? Have a1l voted who wish? Have al1 voted Who Wish? Take the record . On that question , there are 55 Ayesr no Nays , none voting Present. Senate Bill 103, having required -- having recelved the required constitutional majority, is declared passed . Senator Butler, on Senate B ill 106. Out of the record . Sena tor Dudycz . Senate -- Senate Bill 107 . Reàd the bill: Mr . Secretary .
Senate B ill 107 . (Secreeary reads title of bill) 3rd Reading of the bill. N PRkXI'DING OFFICER: (SENATOR DONAHUE) Senator Dudycz.
Thank you , Madam President. Senate Bill 107 changes various o ffenses relating to metal piercinq bullets. It defknes metal -- a rmor piercing bullets to mirror existlng federal legislation, and it permits zinc-based and other metal alloys to be used to make firearm projectile. What -- what thls legislation does is permits metal or metal alloys which are currently perm itted by the U .S. Department of Treasury, and we're mirroring federal legislation. And I know of no opposition and I would seek your support.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discusston? Seeing none, the question is , shall Senate Bill l07 pass . Those favo r w ill vote Aye . Opposed , Nay . And the voting is open . Have all voted who wish? Have al1 voted who wish? Have a11 voted Who STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislatëve Day March l4, 1997 wish? Take the record . On that question, there are 56 Ayes , no Nays, none votin: Present. Senate B1ll 107 , having received the requlred constitutional majority, is declared passed. Senator Hawkinson , on Senate Bill 120? Read the billy Mr. Secretary .
Senate B ill 120. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson .
Thank ycu, Madam President. This is an agreed judiciary bill. It's a juvenile shell. On or about April wedre expecting the leg islative language from the conm ittee that's been wo rking fo r several years now on juvenile reform. We have an agreement with Chairman Dart in the House that ve will pass over a shell on the subject to the House and the House will do likewise, and then hopefully we 'll have the agreed language by the first of April. So I 'd be happy to try and answer any questlons, otherwise ask to keep the process movint by your affirmatlve vote on Senate Bill 120.
PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none , the question is, shall Senate Bill 120 pass. Those in favor will vote Aye . Opposed , Nay . And the voting 's open. Have al1 voted who wish? Have a1l voted who wish? Have a1l voted Who wish? Take the record . On that question , there are 57 Ayes , no Nay , none voting Present . Senate Bill 120, having recelved the required constltutlonal majority, is declared passed. Senator Hawklnson , on Senate Bill 123 . Out of the record .
PRESIDING OFFICER : (SENATOR KARPIEL) On top of paqe 14, on the O rder of 3rd Reading , With leave we 34 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4, 1997 will come back to Senate Bill l28 for Senator Donahue . Senate Bill 129. Senator Dudycz . Out of the record . Senate Bill 130. Senator Rauschenberger. Read the b1ll, Mr . Secretary .
Senate Bill 130 . (Secretary reads title of bill) 3rd Reading of the bl11 .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Rauschenberger.
Thank you , Mr. President . Senate Bill l30 requires a11 local governments and school districts to identify , by line item in their annual budget, each contract they have with a lobbyist . It 's a ''sunshine'' law deslgned to give both the p ress and local taxpayers the opportunity to observe there 's taxpayer money bein: used for contract lobbying of the General Assembly . request a favorable roll call .
PRESIDING OFFICER : (SENATOR KARPIEL) Any discussion? Senator Jacobs .
Thank you , Madam President. Would the sponsor yield fo r a question?
PRESIDING OFFICER : (SENATOR KARPIEL) The sponsor w ill yield .
Senator, if you remember ln Local Government, We also asked if maybe We could put a line in here that would include those lobbyists that are hired by the State to lobby us ou rselves: and the feeling Was that may not be a bad idea . Have you given that any more consideration?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger . STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 1997
Yes r Senato r Jacobs . We 're amend ing the w rong part of the Statutes, although I suppo rt your idea and be happy to do that with you . th ink anytime we make an effort to let taxpayers know how their taxes are spent specifically, it 's a positive thing . Thank you .
PRESIDING OFFICER : (SENATOR KARPIEL) Any further d iscussion? If not, Senator Rauschenberger, to close.
I request a favorable roll call . Thank you .
PRESIDING OFFICER: (SENATOR KARPIEL) The question is , shall Senate Bill 130 -- Senate Bill l30 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have all voted who wlsh? Have a1l voted who wish? Have all voted who wlsh? Take the record , M r. Secretary . On that question, there a re 57 Ayes , no Nays , none voting Present. And Senate B ill 130 , having recelved the required constitutional majority, is declared passed. Senate Bill 131. Senator Madigan. Out of the record . Senate Bill Senator Madigan . 138 , Senator Madigan ! Out of the record . Senate Bill 151 . Senator Mahar. Out of the record . Senate Bill 155 . Senator Jacobs . Read the bill, M r. Secretary .
Senate Bill 155. (Secretary reads title of b111) 3rd Readinç of the bill .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Jacobs .
Thank you, Madam President . Fo r those of you Who live in the collar counties, you m ight want to listen to this and if if 36 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14y 1997 you 've got some requests that I may want to do w ith ity if you 're not famlllar with what we fre trylng to do here . Reportedly , in several of the collar countles , the counties are granting special use permits rather than rezoning p roperty through the normal zoning p rocess , and evidently this has resulted in some agrlcultural land com ing in and getting a special use for industrial right next to -- to large residential properties w ith nice hames. I didn 't reallze when we took this thrcugh committee that it may have been as b ig of a thing , and that 's why I 'm asking you to pay a little more attentlon. After I received a phone call from the medla up there that said , in effect, ''This is a b ig deal for us .'' So if we haven 't done what you want in this one , 1et us know and we 'll try to hold it and do what you want. But what We did do in this piece of legislation - it was requested by the Municipal League - have allowed any munlcipality With in a mile and a half of the area to be specifled as a special use to object. Orlglnally they wanted a -- a four-fifths majority -- or three-fourths vote of the county to require the -- the special use . The -- the group up there - I 'm trying to thlnk of the name of it - came back and -- Metro Countles Councll came back and said , nWe don 't like the three-quarters ...'' -- I mean, ''the two-thirds. Allow us to do it on a simple majority vote unless we decide we want to go to two-thirds .'f That fs basically what this bill does. be happy to try to answer any questions. If it doesn 't resolve the issue of those areas that may be a ffected, please let me know and 1111 œithdraw it frcm the record. Thank you .
PRESIDING OPFICER: (SENATOR KARPIEL) Any discussion on this bill? Senator Geo-Karis.
Sponsor yield for a question? Senator , at the present time , for the county to grant it special use , it still does it still 37 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day Ma rch 14, 1997 have to notify the adjoining municipality?
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Jacobs .
There is -- there ls very little language in the cu rrent -- in the current Statutes on special uses. They 're -- they 're pretty much a thing of the ir own , and -- and lt's pretty much left to their own level. A 1l I want to do is make sure that we 're takinq ca re of the needs o f those -- those collar -- the people who live in those collar counties. I have the bill only because the Munlcipal League brought it to me r and we 're trying to resolve an issue and ... But right now , in answer to your question , there is no specific language that I 'm aware of.
PRESIDING OFFICER: (SENATOR KARPIEL) Further dlscusston? Senator Geo-Karis .
I just want to clarify it for myselfr Senator Jacobs - you and I have been in the same spots before now , what your bill, then r is saying , that the municipalities whose boundaries are within a mile and a half are to be given notice of any property that -- tha t the county wants to give a special use to . Is tha t co rrect?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Jacobs .
That 's absolutely correctr Senator.
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Geo-Karis .
And then, What -- What -- What vote percentage in the county Will give that special use?
PRESIDING OFFICER: (SENATOR KARPIEL) Sena tor Jacobs. 38 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch l4y 1997
A simple majority at this tlme, Senator.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Geo-Karis.
Is that What your bill says?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Jacobs .
My bill says a simple majority, unless - unless the county boa rd , in its oWn w isdom y Would desire to go to two-thirds.
PRESIDING OFFICER: (SENATOR KARPIEL) Any further d lscussion? Senator Philip .
Thank you , Madam President. W ill the sponsor yield for a question?
PRESIDING OFFICER : (SENATOR KARPIEL) He 'll yield .
Yeah . And I think I understand What you 're try ing to do , but I jujt Want to make sure. It takes a simple majority on the county board to prevent it, unless the county board has an ordinance themselves that would set three-fifths or two-thirds or whatever 1s . Is that correct? Well , that's Wonderful . I th lnk it 's a good idea, and I'm going to probably vcte Aye .
PRESIDING OFFICER : (SENATOR KARPIEL) Any further d iscussion? If not, Senator Jacobs r Eo close .
Thank you. just Wanted to bring this to the attention of those in the collar counties , 'cause I don 't care what you do With it, but 1'11 accept an Aye vote . Thank you .
PRESIDING OFFICER: (SENATOR KARPIEL) 39 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 1997 A11 right. Senato r -- Senator Jacobs asks Aye vote for Senate Bill 155. The question is , shall l55 pass . Those in favor will vote Aye . Opposed, vote Nay . The voting is open . Al1 those -- have a11 those who voted who wish? Have a11 those voted who w ish? Have a1l voted who wish? There are -- take the record , M r. Secretary . On that question, there are 56 voting Aye , none voting Nay , none voting Present. And Senate Bill 155, having received the required constitutional majority, is declared passed. Senator Philip , on Senate Bil1 ... With leave , We 'l1 return to Senate Bill 128, Senato r Donahue . Please read the bill, M r. Secretary .
Senate Bill 128 . (Secretary reads title cf bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Donahue .
Thank you very much, Madam P resident and Members of the Chamber. I appreciate the conslderatlon here to be able to go back and pick this up . Senate Bill 128 p rohlbits the sale of drug paraphernalia sold as a replica , a decorative device or a disp lay item , and it defines the exemption of the terms of these ltems that are entlrely unworkable or unusable in al1 their pa rts and cannot be retrofitted fo r use . What we 're trying to do , really z is to clarify the Statutes and to kind of close some loopholes that law enforcement and our prosecuto rs has brought to our attention . It 's not intended in any Way to affect a legitimate tobacco business. We're just trying to close some loopholes: and I Would simply ask for your favorable roll ca ll.
PRESIDING OFFICER: (SENATOR KARPIEL) Is there any further discussion? If not, Senator Donahue r to close . 40 STATE OF ILLINO IS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4, 1997
Roll it. Thanks .
PRESIDING OFFICER: (SENATOR KARPIEL) Question 1s, shall Senate Bill 128 pass. Those in favor will vote Aye . Opposed will vote Nay . The voting is open. Have al1 thcse who vo ted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record , M r. Secretary . There are 54 Members vo ting Aye , 2 voting Nay , none votlng Presene. And Senate Btll 128, having received the required constitutional majority, is declared passed. Now Senator Philip, on Senate Bill 164. Read -- read the bill, Mr. Secretary.
Senate Bill 164. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Philip .
Thank you , Madam President and Ladies and Gentlem en of the Senate . Senate Bill l64 anends the State Mandates Act and the Senior Citizens A ssessment Freeze Homestead Exemption. Isn 't that a mouthful? And it adds the inflation factor, in other words, the CPI. As you dre probably aware, now to qualify you have to be sixty-five years of age or older, you must be the owner of record and your household income ean 't be ove r th irty-five thousand dollars a year . Just say r hypothetically , the yea r before the CPI Was two percent . Two percent of thirty-five thousand comes to about seven hundred dollars you would add to that exemp tlon for that senio r citizen . Be happy to answer any questions . It 's a good roll call, a good vote for you, and you ought to vote for it .
PRESIDING OFFICER: (SENATOR KARPIEL) Any further discussion? If not , Senator Philip , to close . 41 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislatkve Day Ma rch 1997
Yes, I 'd like to see a 1ot of g reen votes up there .
PRESIDING OFFICER: (SENATOR KARPIEL) The question is# sha ll Senate Bill 164 pass . Those in favor will vo te Aye . Opposed , vote Nay . The voting is open . Have a11 voted who wish? Have a l1 voted who w ish? Have a11 voted who wish? Take the record , Mr. Secretary . On that bill, there are Ayes , none voting Nay, none votin: Present. And Senate Bill 164, having received the required constitutional majority, is declared passed . WAND requesbs permlssion to videotape . Is leave granted? Leave is granted . Senate Bill 172. Senator Cronin . Read the billy Madam Secretary .
Senate Bill 172 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin .
Thank you, Madam President, Ladies and Gentlemen of the Senate . This bl11 amends the Sex Offender Registration Act, an Act that we implemented just recently. It just expands the application of the Act to include the o ffense of chlld abduction . We clarified some of the languaçe ln the bill in response to some very helpful suggestions from Judqe Locallo , in Caok County Circuit Court. He's a judge that sits at 26th Street. In any event, ask for you r favorable consideration and I ask that you also take note of the fact that this requires child sex offenders to not only register in the county where they live but also the county that they Work . Thank you for your favorable consideration.
PRESIDING OFFICER: (SENATOR KARPIEL) 42 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leg islattve Day Ma rch 1997 Is there any discussion? If not, the question is, shall Senate Bill 172 pass . Those in favor will vote Aye . Opposed , vote Nay . The voting is open . Have a11 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record , Madam Secretary . On that question r there are 57 Ayesy none voting Nay , none voting Present . And Senate Bill 172, having received the required constitutlonal majority, is declared passed. Senate Bill 194. Senator Madlgan . of the record . Senate Bill 196. Senator Madigan . Out of the record . Senate Bi11 198. Out of the record . Senate Bil1 200 . Senator Rauschenberger. Read the b11l, Madam Secretary .
Senate Bill 200 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Rauschenberger.
Thank you , Madam President. Senate Bill 200, which we -- is identical to the bill that we passed in 1996 with 50 Aye votes , changes the time of election fo r all o ffices that are currently elected at the consolldated nonpartisan election in November on odd-numbered years to the Ap ril consolidated election . This Would affect the election of school district -- school districts, fire districts and community colleges. The only real opposition stated to the bill Was that it -- it stretches from elght months to eleven months *he longest period of time that any local government Would have to wait for a referendum . The bill is supported by Cook County Clerk David Orr. It moves these elections from an election where the turnout runs between six and seven percent to an election where a turnout is between twelve and fifteen percent . I urge a favorable roll call. 43 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14, 1997
PRESIDING OFFICER : (SENATOR KARPIEL) Is there discussion? Senator Welch .
have a question of the sponsor .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberqer wi1l...
Senator Rauschenberger, do you have your Calenda r in front of you? Yeah . Could you look at your bill, Na . 200? There 's an asterisk in front of the number 200. Could you tell me why there 's an asterisk on this b ill?
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Rauschenberqer.
Senator, think the Secretary of the Senate is a little concerned tha t my bills haven 't been getting as favo rable consideration as possible, and I think they -- they added that to the bill to make sure that you took special notice .
PRESIDING OEFICER : (SENATOR KARPIEL) Eu/ther discussion? Senator Link.
Yes , Madam Presldent. Just one question . I th ink , as a cosponsor of this bill, that it 's a very solid , good government type of bill , and I think that we need to try to enhance the turnout in elections. And I th ink by what the Senator is doing , that this will help get *he voter turnout, and I ask for a favorable vote on this .
PRESIDING OFFICER: (SENATOR KARPIEL) Any further d iscussion? If not , the question is, shall Senate B ill 200 pass . Those in favor will vote Aye . Opposed , vote Nay . The voting is open . Have a1l voted who wish? Have a11 voted who wish? Have al1 voted Who Wish? Take the record , Madam Secretary . 44 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March l4r 1997 On th is bl11, there is 57 Ayes , none voting Nay , none voting Present. And Senate Bill 200, having recelved the required constitutional majority, is declared passed. Senate Bill 213. Senator O 'Malley . Read the blllr Madam Secretary .
Senate Bill 213 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r O 'Malley .
Thank you , Madam President and Members of the Senate . Senate Bill 213, as amended , provldes that an ord inance vacatlng a street or alley shall no t become effectlve until the owners of all the p roperty or -- or any particular pa rcel or pa rcels of p roperty abutting upon the street or alley shall pay fair market value as compensatlon . It also provides tha t the owner shall acquire title upon making payment of -- of the compensation . And I 'd be happy to answer any questions there are. If there are none , I'd request a favo rable roll call.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Hawklnson .
Thank you, Madam President . Will the sponsor yield?
PRESIDING OFFICER: (SENATOR KARPIEL) Sponsor will yield .
Senator, we fve had this conversationr but as I understand it , that th is does affect the procedure where an alley or street that has been, say , not opened or unused , is vacated and half the street automatically goes to the abutting owner without any compensation now ; that that kind of procedure is unaffected by 45 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leg ëslative Day March 14, 1997 your bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator O îMalley .
Senato r Hawkinson , that is correct.
PRESIDING OFFICER: (SENATOR KARPIEL) Is there any further discusslon? If no t, the question is y shall Senate Bill pass . Those favo r will vote Aye . Opposed , vo te Nay . The voting is open . Have al1 voted Who wish? Have a11 voted who wish? Have a1l voted who wish? Take the reccrd, Madam Secretary . On this question, there are 54 voting Aye , none voting Nay , none voting Present. And Senate Bill havin: received the required constitutional majority, is declared passed . Senate Bill 218 . Senator del Valle . Read the b illr Madam Secretary .
Senate Bill 218 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r del Valle . SENATOR dEL VALLE : Thank you , Madam President. Senate Bill 2l8 amends the Unified Code of Corrections and requires a defendant who is placed on supervision , probation o r cond itional discha rge fo r possession of substances prohibited by the Cannabls Control Act and the Illinois Controlled Substance Act after a p revious conviction or dlsposition of supervision o r probation , to undergo treatment at a substance abuse program , and this is determ ined after a determination of addiction by the judge. I ask for a favorable roll call .
PRESIDING OFFICER : (SENATOR KARPIEL) 46 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislaklve Day March l4, 1997 Is there any discussion? If not y the question is, should -- shall Senate B1ll 218 pass . Those in favor Will vote Aye . Opposed , vote Nay . The voting is open . Have all voted who wish? Have a11 voted who wish? Have al1 vo ted who wish? Take the record , Madam Secretary . On this billz there are 56 vo ting Aye , none voting Nay , none vo ting Present. And Senate Bill 218 , having received the required constltutlonal majority, is declared passed. Senate Bill 226 . Senato r Cronln. Read the bill, Madam Secretary .
Senate Bill 226 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin.
Thank you, Madam Presldent , Lad ies and Gentlemen of the Senate . This bill amends the School Code and deletes language originally that limits the statewide technology network to public schools only . This is a bill that originated and was proposed by the Catholic Conference . They offered a kind of compelling metaphor, in explaining the information highway here in Illinois that we dve a11 talked about, as this highway that has ramps fo r certain g roups of people r fo r certain schools , but not ramps off this highway for other groups . And they felt that they were no t being included and that it Was unfair. The Catholic Ccnference has sa* down with khe Skate Board of Educatlon . They have come up w ith an amendment . It 's agreed to . It simply perm ies private, parochial, Catholic schcols to galn access to the Internet . They a re not asking for one d ime r and agreed to and we ask fo r your favorable consideration .
PRESIDING OFFICER : (SENATOR KARPIEL) Any discussion? . Senator Berman . 47 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 1997
Thank -- thank you , Madam -- President . For the record , -- I wanted to read the specific language of the bill , as follows : ''The State Boa rd of Education shall provide non-public schools with ports'' P-O-R-T-S - ''on the Board 's statew ide educational network, provided that this access does not diminish the services available to public schools and students. The Bca rd shall charge for this access in an amount necessa ry to offset its cost. Access to the statewide netwo rk may be used only for secular educational purposes .'' I think that with that -- with those three sentences , I believe that we are fulfilling a need that exists in our nonpublic sector and we are not infringing on any of the constitutlonal p rotections , as far as separation o f church and State , and I stand ln suppo rt of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Any further d iscussion? If not , the question shall Senate Bill 226 pass. Those in favor Will vote Aye . Opposed r vote Nay . The voting is open . Have a11 voted Who wish? Have a11 voted who w ish? Have a1l voted Who w ish? Take the record y Madam Secretary . Qhere -- on this question , there are 55 vo tln: Aye , none voting Nay , none voting Present . And Senate Bill 226 , havin: received the required constitutlonal majority, is declared passed. Senate Bill 230. Senator Lauzen . Senate B ill 237. Senato r Rauschenberge r. Read the bill, Madam Secreta ry .
Senate Bill 237. (Secretary reads title of bi11) 3rd Readlng of the bill.
PRESIDING OFFTCER : (SENATOR KARPIEL) Senator Rauschenberger .
Thank you , Madam President. Senate Bill 237 changes the 48 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 14 r 1997 Illinois Planning Council on Developmental Disabilities members to make them subject to advise and consent of the Senate as they're appointed to this Council. The Council is a federally funded council. There was some question raised by the federal liaison Whether this would jeopardize federal funds. We've since found out that four othe r states -- we 've since found out that four other states currently require advise and consent of the Senate. I made the comm itment that there 's any p roblem , 1 '11 ask the Governor to veto it , there 's any threat on the federal money . This slmp ly puts us in the loop fo r conformation on members of the Planning Council. I 'd appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR KARPIEL) Is there any dlscussion? Sena tor Carroll .
Thank you , Madam President . A question of the sponsor , if might, for purposes of the record .
PRESIDING OFFICER: (SENATOR KARPIEL) He fll yield . SENATOR CARROLL ; Would you identify why you think it is important that the Illinois Council on Developmental D isab ilities have advise and consent oversight , or ls it that we are also looking for some budgetary oversigh t?
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Rauschenberger .
Senator Carroll, it 's my op inton that this particular agency over the last four or five years that I 've participated on App ropriation is somewhat less than responsive . Because they lre a federally funded agency , we have very little time in the appropriation process to -- to wo rk with them . While federal law permits up to twenty percent of the federal money given to this 49 STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4 , 1997 Planning Council to be used for adm inistrative costs , this agency in the last six years has always spent the maximum , and r in fact, some o f the grant programs they run have been very controversial , not only among members of the Council, but among members in school districts throughout the State. So I just think our partlclpation in the membership helps with our effectiveness in -- in guiding the Counc il and participating with them .
PRESIDING OFFICER: (SENATOR KARPIEL) Any further discussion? If not , the question shall Senate Bill 237 pass. Those in favor will vote Aye . Opposed , vote Nay . The votlng is open. Have all voted who Wish? Have a1l voted Who wish? Have all voted who wish? Take the reco rd . 0n this question : there a re vo ting Aye, 3 voting Nay , none votlng Present . And Senate Bill 237, having received the required constitutlcnal majority, ls declared passed. Senate Bill 239. Senator Rauschenberger. Senate Bill 248. Senato r Fitzgerald . Senate Bill 255. Senator Rea . Senate Bill 256 . Senato r Rea . Senate Bill 278. Senator Collins. Read the bill , Madam Secreta ry .
Senate Bill 278 . (Secretary reads title of bl11) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Collins .
Yes , thank you , Madam President and Members of the Senate . Senate Bill 278 is a bill to -- hopefully will curtail rent scam s, and this is a case where a tenant has been o rdered evlctions by the courts and , of course , they play the game of having another person come to the door at the time the sheriff is there for the eviction and profess to be also a tenant liv ing ln that -- on that 50 STATE OF ILLINO IS 90TH G ENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4 r 1997 p remise and that their name d id not appear on the ev iction o rder . In that case, because there had been a lawsuit flled -- brouqht against the sheriff 's office in another state which was upheld in the court, the sheriff cannot carry out the court order of eviction . What this b ill does, it does not change the -- the -- the current evlction laws; it just simply deals with those nonlegieima te tenanes who are actually rent seammers . And there - - I know of no oppositlon to the bill, and I Would just ask for a favorable roll call .
PRESIDING OFFICER : (SENATOR KARPIEL) Is there any dlscussion? If not, the question is , shall Senate Bill 278 pass . Those in favor will vote Aye . Opposed , vote Nay . The voting is open. Have all voted Who w ish? Have a11 voted who w ish? Have a11 voted Who wish? Take the record , Madam Secretary . On th is question, there are 56 voting Aye r none voting Nay, none voting P resent . And Senate Bill 278 , having received the required constitutional majority, is declared passed. Could We please have a little qu iet? It 's very loud up he re and I think perhaps we lre a11 anxious to get going home , but let 's try to get through as much as we can. Senate Bill 285. Senator Luechtefeld . Please read the bill y Madam Secreta ry .
Senate Bill 285 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFPICER: (SENATOR KARPIEL) Senato r Luech tefeld . END OF TAPE TAPE 2 51 i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4 , 1997
. . . you , Madam President and Members of the Senate . Senate Bill 285 amends the Illinois Highway Code to provide that the road district treasurer shall receive an annual salary deemed appropriate and to be affixed by the county board in road districts in counties not under township government. This b ill applies only to those seventeen counties not under township organization which have road districts . Presently, there is a cap of one-thousand-dollar salary for these treasurers of these districts, and they lre finding it very , very difficult to get people to run for these positions. In fact , in one county in my district, of the eight districts, they have only found one person so far to -- who would like to run. This would simp ly 1et the county board determ ine what that salary would be of those treasurers. If they wanted to keep it at one thousand r they could . If they Wanted to raise it , they could do that . Would appreciate a favorable vote .
PRESIDING OFFICER: (SENATOR KARPIEL) . Is there any discussion? If not , the question is, shall Senate Bill 285 pass . Those in favor will vote Aye . Opposed , vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a11 voted who W ish? Take the record . On this question , there are 53 voting Aye , 2 voting Nay , 1 voting Present, and Senate Bill 285, having received the required constitutional majority: is declared passed. Senate Bill 303. Senator Fitzqerald. Read the bill: Madam Secretary.
Senate Bill 303. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Pitzgerald . 52 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14, 1997
Thank you, Madam President, Ladies and Gentlemen of the Senate . Senate Bill 303 amends the Jury Comm lssion Act to require jurors who are over sixty-five years of age in counties over a million to be assigned to the courthouse nearest their residence . This was suggested in order to relieve the burden on elderly Cook County jurors. No one testified in opposttion in committee and it passed out on an a ttendance roll call . I 'd appreciate a favo rable consideratlon .
PRESIDING OFFICER : (SENATOR KARPIEL) Any discussion? Senator Berman.
of the S#OnSOr.
PRESIDING OFFICER : (SENATOR KARPIEL) Sponsor will yield .
Has anyone ra ised ehe issue of whether ehis might pose a constituttonal challenge to the makeup. You know, in certain parts of Cook County, in some parts you may have an all-white jury and in other parts you may have an all-black jury. When it's a county-wide juror seleceionz you have the whole arena. If you pass this bill, you're going to limit the drawing of the number af jurors. Does -- does that pose any concern? Has anyone raised that issue?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Fitzgerald .
Senator Berman , nobody ra ised that issue in commlttee . When I originally had the bill, it -- it required all jurors in Cook County to be sent to the courthouses nearest their home . My staffers tell me that there was some opposition in that case, but when I -- when amended to just apply to jurors over 53 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch l4 , 1997 sixty-five would have to be called to the courthouse closest to their home, that is a distinctlon that doesn 't deal by race or gender, but age , and it 's to -- there 's a good public policy rationale . As you know , any o f us Who serve in Cook County frequently get calls from senior citizens who say r ''Gee , I 'd like to go to jury service, say, in Skokie, but theyfre calling me to Markham . I 'm enfeebled .'' And so thus far, no one 's raised the issue . did misspeak though , because one person did vote No in - - in the Judiciary Committee . I Wanted to clarify that.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cullerton .
Yes . Senator Fitzqerald , we passed a bill, maybe twelve , fifteen years ago, that ellminated al1 the jury duty exemptions. We had -- we were up to about twenty-seven of them . And in that We gave the juror -- jury conmissioners great discretion, broad discretion , terms of being allowed -- being allowed to excuse people. It's just absolutely flat-out put right in -- in the Statute that they can excuse people for any reason and they have that authority. And I kncw Ifm sure you have had people ask you to please call the jury commissioners to see it's -- it's possible for them to -- to get out of jury duty. Now, the problem we have in Cook County is that at Twenty-sixth and California , from last time I checked , is where they try a1l the felony criminal cases for -- at least for all of Chicago and possibly fo r the whole county . And so What you have here is a situaeion where a person who 's sixty-five years old and lives ln Inverness, they dre never golng to ever be called to go to Twenty-sixth Street. And it 's a blanket exemption r if you w ill, because of their age . Not -- not because of anything else . Just because of their age . And it seems to me that you dre going to have the p roblem of -- of racial d ispa rities when you 're -- you 54 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislatlve Day March 14 , 1997 have your pool to pick -- to pick a jury. And that's something which does raise constitutional questions . know you dre trylng to make the distinction that it's just based on age, but the p roblem we have in -- in Cook County , given the -- the housing where people live , it 's it 's somewhat seg regated , and as a result, I think you 're go ing to have some -- some p roblems . What T Would say to the senior citizens in Inverness, ''1 '11 get you out. 1'11 call the jury commissioner. it's too far for you to ço -- you know , put you back in the pool and put you back in the lottery and maybe you dll get -- maybe you dll get picked fo r -- for Skokie .'' But I think this particular bill, the way it 's done in a blanket fashion, poses a p roblem , but probably a gcod bill for your d istrict, but not a good bill fo r the State .
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Welch .
Yes . You know , this -- this looks like an idea that they use in California where your jurors are picked locally so that you have a situatlon, in a recent case with 0 . J . Simpson , where , depending on whe re they prosecuted the case , you had an all-white potential jury or an all-black potential jury. And it seems to me that that is something we don 't want to do in the State of Illlnois . I think that that 's going in the wrong direction . This is a first step in that direction now . This is applying to over sixty-five-year-old individuals. But with the ability to excuse jurors for no reason at al1 from juries, you have a better chance of having a jury that is made up of totally one race to help or hinder a defendant. don 't think that 's the way we want to qo . So I think this is a good bill to vote No on . Thank you .
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator O 'Ma11ey .
55 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leglslative Day March 14r 1997 Thank you, Madam President . A nd -- and I -- w ill the sponsor y ield?
PRESIDING OFFICER : (SENATOR KARPIEL) He w ill yield .
Senator, I don 't have as many questions as I do have comments and -- and recommendations to the entire Body . I 'm pleased to be a cosponsor of this legislatlon. introduced the bill a couple of years ago when I first a rrived here and worked with then Ch ief Judge Harry Comerford to develcp a system that would allow more convenience for citizens to serve on jury duty. And With all due respect to , you know , Senato r Cullerton, who I have a great deal of respect for, it 's interesting to hear your explanation of a1l the excuses that can be made for people Who may not want to serve . Well, that 's not my experience in the distrlct that represent, and I 'm sure it's not the experience in -- in Senato r Fitzgerald fs . The people that call me are willlng to serve . They don 't want to be excused from service , but on occasions it is absolutely extremely dlfflcult for them , Whether it be getting to Twenty-sixth and California or even to spend a day with a1l the travel that's involved to go to the Loop for those special jury pools that have currently been designed be countywide, as opposed to be in the immediate vicinity of some of our district courthouses . applaud you , Senator Fitzgerald , for bringing this legislation forward . I think it 's important that We begin the process of contlnuing -- or -- or , continue the p rocess of dealing with this issue and making it possible for cltlzens a11 over Cook County to participate ln ln jury service. And Would encourage that we get this over to the House where it can be worked on further the Judicla ry Comm ittee, and I Would suggest that you invite Judge O 'Connell into the process r who is very interested in making sure that our outlying courthouses in 56 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4 , 1997 suburban Cook County have really involved and convenient service for the citizens of suburban Cook.
PRESIDING OFFICER: (SENATOR KARPIEL) Further d iscusslon? Senator Geo-Karis .
Madan President and Ladies and Gentlemen of the Senate, don 't think there 's anything wrong with this bill. Perhaps what can be done , we pass out of this Body , to send to the House with the recommendation that it should be optional to those senior citizens , perhaps, as to Whether they want to go and travel from Chicago all the way to Arlington Heights where there 's a courthouse o r to Skokie where there 's a courthouse . And I -- think we should pass this bill: and the only suggestion I can make to you, Senato r, is when it goes through the House , get -- give the jurors the option -- the senior citizens the option. Some of us senior citizens can handle that, but some of the others cannot . But we cannot judge by the spry and limber ones. There are a 1ot of people who would like to serve on juriesr and wbo'd make good jurors, but it's not easy for them to go from Chicago -- downtown Chicago a11 the way to Arllngton Heights or to Skokie, and vice versa . I support the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senato r Rauschenberqer.
Thank you , Madam President. Senator Fitzgerald , to the best of your knowledgez doesn 't Cook County comprise almost half the population of the State?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator -- Senator Fitzgerald .
At least a third .
PRESIDING OFFICER: (SENATOR KARPIEL) 57 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 r 1997 Senato r Rauschenberger.
About -- to the best of your knowledge, isn't about eighteen percent of the land mass in -- in Cook County?
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Eitzge rald .
Yes .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger. SENATOR RAUSCHENBERGER ) My po int ls that Cock County is no* like other counties and that the burdens o f asking people over the age of sixty-five sometimes to travel an hour and forty minutes inside the lim its o f Cook County are substantially different than other counties in the State . And it 's clear from this bill that people under sixty-five would still be assiqned wherever the court system wanted them to . just Want to point out to -- to my friends Who don't live ln Cook County, as do , that Cook County does face speclal conditions because of the size of the county and the population there r and I Would encourage support of Senator E itzgerald 's b ill.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Molaro .
Thank you , Madam President. I have to disagree W1th Senator O 'Malley. I think this ls very dangerous leg islation. I understand that we uane to make things convenient for people . That 's applaudable . We should make th ings convenient . We try that in our everyday lives. Hcwever, the problem tbat you have if we start with sixty-five years of age and you don 't travel around r the sad part about it in our society , especially around Chicago : there tends to be pockets of nationality , ethnic o rigins , racial 58 STATE OF ILLINO IS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4 , 1997 dividing lines, and this is very dangerous . Tf you eake around Twenty-slxth Street right now r there happens to be a H ispanic enclave, and it 's a -- ik 's a vibrant community , and it 's a terrific place to live , but right there it 's -- you have a 1ot of H ispanic population . It 's in -- I think it 's in Senator Garcia 's district. It may even be in pa rt of m ine. The problem that you have is that you lim tt thls , what you 're going to have a t Twenty-sixth Street on the juries are six -- and you'll do sixty-five years of age or older, the -- the only elderly people on juries are going to be almost all Hispanies. If you...
PRESIDING OFFICER : (SENATOR KARPIEL) Excuse me , Senator Mola ro . Thank you .
Xou know , We have these -- we have these m isdemeanor courts, let 's say at Sixty-first and Racine r which ls a black area . So now when you're being called for jury duty, What ycu're going to have is you lre going to have -- you know , a 1ot of seniors there who could serve on these jurlesy youlre going to have a11 black jurors. When you go to Arlington Heights, you're going to have all White jurors. This is What you're doing. So in other words, in parts of ny d istrlct that are -- that are -- that 's -- you know, my dlstrict happens to be forty, fifty, sixty percent black . Those black jurors are never qoing to have a chance to go serve on a jury in Arlington Heights. This is very dangerous stuff that we 're talklng about . You -- your bill even included everybody . Just make it close by . This is a county . It 's d iverse . We can çet around . There 's public transpo rtation . The highway system is terrific. So someone has to jump on the el or the Metra. So there is a little inconvenience to go out and do your civic duty . know it 's tough for seniors to get a round . Maybe We lre better off exempting seniors from juries altogether. But to go out and say that you' could only go -- go near your house is a very 59 STATE OF ILLINOIS ' 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day Ma rch 14, 1997 dangerous concept, because even though the convenience is there , our social awa reness hasn 't caught up . Sad to say in the City of Chicago and in Cook County you stlll have -- you still have geographic dividing lines when it comes to race and ethnic origlns. And I just think it's a little scary that if the only people who are seniors , when you qo to Twenty-slxth Street, are just goin: to be black and Hispanics, and when We go to Arlington Heights or somewhere else , al1 the elderly are going to be -- going to be white. I just think it's terrible. I -- I just don't want to have just twelve angry men or twelve -- I think -- I think it 's something that we should look at, and I think it may sound right. Let 's give senior citizens , and let's nake things more accessible , but the opposite 's goinq to happen . PRESIDING OFFICER: (SENATOR KARPIEL) . Further discussion? Senator Collins . He 'll -- he 'll yield . Senato r Collins , is your mike not working?
Is it on? Yes . Okay . I -- I -- I can do With this one .
PRESIDING OFFICER: (SENATOR KARPIEL) You lre at Senator Shad id 's mike .
Yes. Senator, what -- what happens -- let's just use the A rling ton Heights scenario . What happens when someone, let's say e from the Hispanic or the African-American community comm its a crime in the Arlington area and is tried in that particular area , and it end up With a all-uhite jury? Could that person -- do that person have a right -- now this could be vice versa ...
PRESIDING OFFICER: (SENATOR KARPIEL) Excuse me, Senator Collins . It seems like the nolse level is rising more and mo re . So let 's listen to the debate .
So the 'que#tion is , if it was reversed wherein someone white 60 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 , 1997 commlt a crlme, of course , in Chicago , who lived in A rlington Heights and was tried in -- at Twenty-sixth and California , and they had an all-minority jury, vould that person have an oppo rtunity , at that point , o r a right to ask for a change of venue?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Fitzgerald .
Thank you . Senator Collins y I want to emphasize r you W1ll still have diverse juries under this b111. If a Hispanie from the City is being tried in Rolling Meadows, Illinois, fo r a crime, there will still be Hispanics from the C ity r blacks from the City and whites from the City or eounty on the jury. This bill is lim ited ko senior citizens only . Also, if, say , a white person from Rolling Meadows comm its a crime in Chlcago , there will be a diverse countywide jury. The only -- there is no race anywhere in th is bill . The bill only app lies to senio r citizens over sixty-five who right now frequently get off juries and aren't on them at a1l because they have medical cond itions , often , that prevent them from travelin: fa r dlstances . So this Would g ive the ability to a senior in your district to say , ''I don 't Want to have to travel to Rolling Meadoks or Maywood or Markham . You have to call me to the jury closest to your home.''
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Collins .
. . o reality to that is you would have less oppo rtunity to have a well-rounded juror (sic). The oeher thing is, under existing laws, if a senior citizen or anyone who is called to jury duty and have a leg itimate reason , be it physleal or nonphysical, they can opt out and get out of serving on a jury. So I don't know Why we need to tamper with this . This open the doors to possibilities of 61 I I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch 14, 1997 other things happening that is not the intent of this legislation . There are adequate p rovisions already in the law and also discretions of the jury -- of the judges and -- and the foremens to ensure that anyone Who is incapacitated or unable to serve jury duèy, they are excused from belng on ehe jury. So we don't need this particular b ill.
PRESIDING OFFICER: (SENATOR KARPIEL) Fu rther d iscussion? Senator Hendon .
Thank you , Madam Presldent . Will the spcnsor yield?
PRESIDING OFFICER: (SENATOR KARPIEL) He ind icates that he 'll -- he will .
Senator Fitzgeraldz currently the jury pool is selected from reg istered voters . Is tha t correct?
PRESTDING OFFICER: (SENATOR KARPIEL) Senator Fitzgerald .
And drivers license .
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Hendon .
So someone from eighteen al1 the vay up to sixty-four would not be affected by this. Is that co rrect?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Pitzgerald .
That's correct, Senator.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Hendon.
So there is a large pool of people who can still serve on the 62 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14, 1997 juries Who are not affected by this at all, and because of thatz I don't see what the major concerns are. If you're over sixty-fiver okay , affects you . You may be -- that -- that senior citizen wants to serve on the jury, but they don't want to travel very far. But sixty-four: sixty-three , sixty-two , sixty-one , fo rties, thirties, a11 the way to eighteen , does not affect them , does not apply Whatsoever. Therefore , you will not end up with a -- not having the diverse pool that you could end up With , because it's only sixty-five and over. So I don 't see What the problem is . I think it is a good bill. It 's klnd to our senior citizens who still want to serve on a juryr and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR KARPIEL) Further d iscussion? Senator Viverito .
Yes . Would the Senatcr yield?
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he Will .
As far as your intent, I think lt 's extremely honorable , but doesn 't that create -- what -- how a re you golng to do it? The borders, like where they live, are they in this distrtct or that district - isn 't that going to make a 1ot of extra work?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Fitzgerald .
What I think Cook County would do is, there's flve judiclal d istricts , and r incidentally y Senato r Cullerton was wrong . There are felony cases heard at all flve judicial districts. think Cook County would sinply assign senior citizens to the courthouse in which judicial system they live -- or Which judicial district they live in Cook County . And , yes, there would be -- the county would. have .to, do the Work to determine where they live . That 63 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14, 1997 would -- you 're -- you 're absolutely co rrect on that .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator V iverito .
The fact that I am correct, and I realize the danger even trying to get judges (sic) a 1ot of times. It's extremely difficult, because We 've been Working in that field for many , many years . think your intent in honorable , but I wish you would give it more consideration, because it does create, in the minds some of us , a segregation, and that's ra ther dangerous . I know that 's not your intent, but it does create it . And I don 't think it 's in our best interests or yours to do it, and I would urge a vote of No .
PRESIDING OFFICER : (SENATOR KARPIEL) Further discussion? Senator Carroll.
Thank you , Madam President, Ladies and Gentlemen of the Senate . I guess too , have to rise opposition - very simple reason : This is mandatory , not discretiona ry . It doesn 't say that if a senior has a problem: that the judge or asslgning person of the jury system has to take that into consideration and say if it's a problem , okay , they do not have to serve in this court, that court or anotber court. It mandates that they shall be assigned to a specific court . Now , in a case like mine , fo r examp le , with a distrlct that happens to be C ity-suburban and therefore at the very edge of a city, might be physically closer fo r a senior to go into the District Two , Which is the Skokie courthouse , than to go down to Twentyrsixth and California or the Daley Center. Might even be a 1ot easier, but of course , then they would not be allowed to serve there , because by mandate they would have to serve, as -- as the Senator just indicated, at the one in the district they reside , which Would be the municipal 64 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14r 1997 district in Chicago , which could be very difficult fo r them to get to . Secondly, there 's a 1ot of people sixty-five r sixty-six , sixty-seven who have no problem serving anywhere. They 're not always retired . They 're not always feebled or disabled , and that they wouldn 't care where they served if they we re asked to serve . I think the better approach was to say that to those who have a problem , the court has to g lve that extra consideration , but to mandate that they can only serve in one a rea o r another is truly counterproductive and is doing them a great disservice .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Fitzgerald , a re you responding? No . If not, there 's further d iscusslon . Senator Obama .
Thank you, Madam Speaker (sic). Will the sponsor yield? 1et this -- I voted to have th is b ill come out of committee, because think was useful to have this kind of discussion on the bill, and I think that the Senator has good intent this bill. I am not sure that there are constitutional infirm ities per se to this blll, but I do thtnk that the scenario tha t Senator Collins raises , there is a possibility Where there Was a trial in - - in a jurlsdiction and the racial makeup of the jury was affected ln some fashion , that thls issue n ight at least be ra ised' on appeal. Now, do not know how a judge or a jury might come out on th ls issue , but I do th ink that it 's something that to the extent that the racial makeup of the jury is affected by this billr it may have an impact subsequently in particular trials. And I think that actually Senator Ca rroll 's recommendationz in terms of dealing w ith this issue and potential hardshlps that our seniors have to unde rtakey may be a -- elegane solution to the problem that -- that you 're dealin: w ith without some of the particular problems. So , although I did vote Yes to get this out of committee, 1.-- as currently constituted in' light of the 65 1 ! STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leglslative Day March l4, 1997 discussion, I think that it may -- I will probably vote in opposition of this bill . PRESIDING OFFICER: (SENATOR KARPIEL) Al1 right. Is there further discussion? If not , Senator Fitzgerald, to close . SENATOR FITZGERALD : Thank your Madam President . First, I 'd like to address Senator Obama 's concern . There 's a U .S . Sup reme Court case called Batson, which holds that for the jury system to be impermissible, there would have to be an affirmative attempt to exclude from a jury persons of a certain race or gender or what have you. Thls doesn 't even come close to that. Juries Would be diverse under this bill. A white person from the suburbs would be called to any number of other judicial dlstricts in the county under this bill as long as they were under sixty-five . Minorities from any pa rt of the county would be called all over the county . There would be diverse juries. There's no colorable claim that this Would, in any Way r run afoul of constitutional protections in that regard . Thls is simply an attempt to relieve the burden in Cook County on senior cltizens . Right now I can tell you from the volume o f calls that I get to my districts from seniors who have a heart condltion or have diabetes o r some other health p rob lem that .they say, ''Geey I would be happy to serve on a jury, but why can't they call me to Rolling Meadows? Why are they calling me to Markbam?'' And therefore , they end up havlng me call , and I seek to get them off . Now , a couple of years ago Senato r O 'Malley passed a good bill that said that Ehe jury commission is supposed to take steps to make sure that jury service is not unduly burdensome in Cook County. But, unfortunately, the jury commission has not been responsive enough and we still have this problem that I have pa rticularly identified from the -- the sheer number and volume of calls to my office that this ts a great burden for seniors in Cook 66 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch 14, 1997 County. And for those of you who live in the downstate districts , it may no sound mucb to drive from y say , Steve Rauschenberger's d istrict ln far west -- northwest suburban Cock County , drive forty miles to Maywood or whatever, but in Cook County in rush hour in gridlock , you almost need a helicop ter to get around the county . And it really is a problem for senior citizens . And there aren 't -- there 's no way you can get a Metra train from Hanover Township to Markham. And I'm telling you, it just doesn't work - our current jury system. Now, there have been several good concerns that have been raised by the lawyers on the other side of the aisle r but I have to take my hat off to Senato r Hendon , who is not a lawyer and who , perbaps for that reason, better able to apply commcn sense here . There 's no race anywhere in th is bill o r anywhere in the intent in this bill, and th is benefits senior citizens of any race or gender. It would lift the burden off of them , and I Would ask you -- I certa inly if -- as -- if this bill gets over to the House , Will certainly make sure that there are conversations. Nobody from Cook County objected to the bill as it was amended . Maybe it should be made optional . That 's that 's for -- 'cause there are some seniors who can get around very well and it 's not a problem . But we can take that up in the House . But if you want to help the senior citizens in Cook County r' and I think you will get more of them on jurles than you are now if you take some o f the burden off them . I 'd ce rtainly apprecia te a favorable vo te . Thank you very much .
PRESIDING OFFICER: (SENATOR KARPIEL) A11 right. The question is# shall Senate B ill 303 pass . Those in favor will vote Aye. Opposed, vote Nay. The voting is open . Have a1l vo ted who wish? Have all voted Who Wish? Have al1 voted who kish? Take the record r Madam Secretary. On this issue , there are 31 Ayes , 22 Nays y none voting Present , and Senate Bill 303, having received the requlred constitutional majority, is 67 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch l4, 1997 declared passed . Senator Berman .
Well , my first comment was , l was going to suggest an amendment that we keep bankers off of juries. My second request is that we verlfy the roll call .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Berman ... Senator Berman has requested a verification . W ill a1l Senators be in thelr seats? The Secreta ry will read the affirmative votes .
The following Members voted in the affirmative : Bomke , Burzynski, Butler, C ronin, Dillard , Donahue , Dudycz, Fawell, Fitzgerald , Geo-Karis , Hawkinsony Karpielr Rlemm r Lauzen, Luechtefeld , Madigan, Mahar, Maitland , Myers , O 'Malley, Parker, Peterson , Petka , Radogno , Rauschenberger , Sieben : Syverson r Walsh , Watson, Weaver and Mr. President .
PRESIDING OFFICER: (SENATOR KARPIEL) Dces Senator Berman question the presence of any Member voting in the affirmative? Senato r Berman .
Senator Burzynski.
PRESIDING OFFICER: (SENATOR KARPIEL) Is Senator Burzynski in the Chamber? He 's sttting in his seae.
Yes . see . Senator Hawkinson.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Hawkinson is in the back . He 's waving at you , Senator Be rma n .
Senato r Madiqan .
PRESIDTNG OFFICER: (SENATOR KARPIEL) 68 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4 r 1997 Senato r Mad igan is in the Chamber.
Luechtefeld .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Luechtefeld is in h is seat .
I Won 't Won 't ask about the President . That 's okay . Thank you .
PRESIDING OFFICER: (SENATOR KARPIEL) On a verified roll callr the Ayes are 31 , the Nays are those voting Present are none , and Senate Bill 303, having received the required constitutional majority, is declared passed. Senate Bill Senator Parker. Read the billr Madam Secretary .
Senate Bill 314 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR KARPIEL) Senato r Pa rker.
Thank you , Madam Presldent, Ladies and Gentlemen of the Senate . Because of technological advanees and changing p ractice patterns, the practice of medicine is occurring with inc reasin: frequency across sta te lines . Currently the Illinois Medica l Practice Act does not address telemed icine . As a result, any person , whether a qualified physician or no t, can communica te a diagnosis from outside Illinois to any other Illinois resident. This bill creates the Telemedicine Licensure Act. It requ ires a person participating in telemedicine communica tion to be an Illinois licensed physician . I will be pleased to answer any questions , and ask for a favorable vote . PRESTDTNG OFFTCERC' (SENATOR KARPIEL) 69 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March l4, 1997 Is there any discussion? If not, Senate Bill 3l4 -- the question is, shall Senate Bi11 3l4 pass . Those in favor will vote Aye . Opposed , vo te Nay . The voting is open . Have all voted who wish? Have a1l voted who wish? Have al1 voted who Wish? Take the record , Madam Secretary . On this blll, there are 56 voting Aye , none voting Nay , none votlng Present, and Senate Bill 314, having received the required constituticnal majorityz is declared passed . Senator Fawell , on Senate Bill 316 . Read the bill, Madam Secretary .
Senate Bill 316 . (Secretary reads title of bill) 3rd Readlng of the bill .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Fawell . SENATOR FAWELL ) Thank you very much . Th is is the bill that I brought up the other day and then held . It 's the health care workers background check being done by the task force . I have since found out that the task force will not meet until March 21st . would like to keep this bill moving z get it over in the House . It is a -- a ccmmlssion that is equally represented by both sides of the a lsle . And I would be more than happy to hand this bill to someone on the other side of the aisle over in the House, if that is requ ired, but -- I would like to keep moving. It is a task force. I think it 's an important problem , and would llke to see something done by th is spring .
PRESIDING OFFICER: (SENATOR KARPIEL) Is there any d iscussion? If not r the question is r should -- shall Senate Bill 3l6 pass. Those in favor kill vote Aye . Opposed , vote Nay . The voting is open . Have voted who wish? Have a1l voted Who wish? Have a11 voted who wish? Take the 70 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 14, 1997 record . On this blll, there are 51 voting Aye , none voting Nay , 3 vo eing Present: and Sena te Bill 316 , having received the required constitutional majority, is declared passed. Senator Syversony on Senate Bill 317. Senate Bill 319. Senator Philip . Senate Bill 320 . Senator Rauschenberger. Senate B ill 321 . Senator Rauschenberger. Senate Bill 331 . Senator de1 Valle . Read the bill, Madam Secretary.
Senate Bill 331. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator del Valle . SENATOR dEL VALLE : Thank you , Madam President . Th is is the same bill that came out of here last year on a 54 to noth ing roll call and was stuck in Rules in the House . It 's a bill that was on the Agreed Btll List, and it just simply has scholarship recipients who receive the fam ily practice residency scholarsh ip and Who comm it to practicin: in designated health shortage areas'to pay back r with interest, the loan they fail to meet their obligation to practice .
PRESIDING OFFICER: (SENATOR KARPIEL) Is there any discussion? If not, the question is, shall Senate Bill 33l pass . Those in favor will vote Aye . Opposed , vote Nay . The voting is open . Have a1l voted who wish? Have a1l voted who Wish? Have all voted who Wish? Take the record , Madam Secretary . On this issue, there are 55 votin: Aye r none voting Nay , none voting Present r and Sena te Bill 331, having received the required constitutlonal majorityy is declared passed. Senate Bi11 340 . Senator Cronin . Read the bill , Madam Secretary .
STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 , 1997 Senate Bill 340. (Secretary reads title of b11l) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin .
Thank you very much , Madam Speaker -- or, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 340, the content of it, the proposal in the bill , was actually brought to -- to my attentlon by former Senator Rock, a fo rmer Senate President Who had an experience with a Lieutenant Showstrom from Oak Park Police Departmentr and this bill would rectify a situation . It makes child endangerment -- it p rovides that endangering the life of a child is a Class 3 felony for a first offense and a Class 2 felony for a second offense . And it amends the C riminal Code in such a way that separates the offense intc tWo sections : endange ring the life and endangering the health . Right now pa ren t or guardian is investlgated for suspicion of injurles to a child - in this case , in the Oak Park case , it Was severe burns - and if the pa rent doesn 't take the child to the hospttal and the burns are of such a serious nature that the child could die, there 's very little tha t the law enforcement can do . The max imum penalty that someone would suffer endangering the life of a ch ild would have been a one-year pena lty for a m isdemeanor. So thls makes the the crime more serious . also talks about endangering the health of a child. If you sit by and do nothlng While your child is dying , that 's a crime . So ask for your favorable consideration .
PRESIDING OFFICER : (SENATOR KARPIEL) Is Ehere any discussion? not : the question is , shall Senate Bill 340 pass . Those favor will vote Aye . Opposed , vote Nay . The votlng is open . Have all voted who wish? Have all 72 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14, 1997 voted who wish? Have a1l voted who wish? Take the record . On this questlon , there are 57 Ayes , none voting Nay , none voting Present, and Senate Bill 340: having received the requ ired constitutional majority, is declared passed. Senator Cronin, on Senate Bill Senator Cronin.
Thank you, Madam President, Ladies and Gentlemen of the Senate . This ...
PRESIDING OFFICER: (SENATOR KARPIEL) I 'm sorry, Senator Cronin . Read the bill , Madam Secretary .
Senate B ill 341 . (Secretary reads title of bill) 3rd Readinq o f the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin .
Yes . Thank you very much , Madam President. This b ill amends the Juvenile Court Act and requlres a court, upon applicationr to waive liability for support or legal fe' es if the person who 's liable shows that full payment will result in financlal hardsh ip ! This came out of -- from the Dupage County Boa rd . They 've had some experlence in Dupage County where juveniles are sentenced to some certain term and they have to get counsellng . In some cases these juveniles can't afford the counseling. They genuinely have financial hardsh ip . They don 't camplete their sentence , and so there is a -- there 's no resolution of the case . And so this is a necessary step that the Dupage County Board is seek ing to take . I ask for your favorable conslderation .
PRESIDING OEFICER: (SENATOR KARPIEL) Is there any discussion? no tr the question shall Senate Bill 34l pass . Those in favor will vote Aye . Opposed , 73 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 , 1997 vote Nay . The voting is open . Have al1 vo ted who wlsh? Have al1 voted who wish? Have al1 voted Who W ish? On this question, there are -- take the record , Madam Secreta ry . On this question, there are 54 vottng Aye r none voting Nay , none voting Present, and Senate Bill 341 , having received the requ ired constitutional majority, is declared passed. At the top of page 16 is Senate B ill 347 . Senato r Maha r. Senator -- Senate Bill 348 . Senato r Mahar. Read the b ill, Madam Secretary .
Sena te Bill 348 . (Secretary reads title of bill) 3rd Reading of the b ill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Mahar.
Thank you , Madam President and Members . Senate Bill 348 merely extends by one year the time for the -- time period for the Illinois Pollution Control Board to promulgate rules deallng With the Brownfleld legislation we passed a year ago . I know of no opposition and would ask for your support.
PRESIDING OFFICER: (SENATOR KARPIEL) Any d iscussion? Senator Welch .
A question of the spcnsor .
PRESIDING OFFICER: (SENATOR KARPIEL) He lndicates he will yield .
Senator, what 's takin: them so long? This Was supposed to be this great econom ic development tool to put businesses into areas that were contamlnated and everybody was gung ho last yea r. Why do they need another year to make up rules?
PRESIDING OFFICER: (SENATOR KARPIEL) 74 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14, 1997 Senator Maha r.
A11 can tell you, Senator Welch , it's a very complica ted issue and they 're dolng the best they can .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Welch .
Well, it didn 't seem so complicated last year. They acted like was as simple as sliclng bread , and it sailed out of here because everybody sald what a great idea it was . It doesn 't make sense that the rules are are slow to come . They tcld us exactly what the rules were go ing to be . If it 's contaminated a certain percent, they could go ahead and not clean up as long as they assumed liability . You know , they 're -- I don 't understand why the EPA is dragging its feet. As chairman of that comm ittee r you should be on them and raising hell with them .
PRESIDING OFFICER: (SENATOR KARPIEL) Is there any further d iscussion? If not, the question is, shall Senate Bill 348 pass . Those in favor w ill vo te Aye . Those opposed, vote Nay. The voting is open . Have a11 voted who w ish? Have a1l voted who w ish? Have all voted who wish? Take the record . On this questiony there a re 55 voting Aye , voting Nay, none voting Present, and Sena te B ill 348, having received the required constitutional majorityr is declared passed. Senate Bill 358 . Senator O 'Malley . Senate Bill 363 . Senato r Hawkinson . Read the bill, Madam Secretary .
Senate Bill 363. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Hawklnson . 75 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch 14, 1997 SENATOR HAWKINSON : Thank you , Madam President. This bill amends the Juvenile Court Act and y more specifically, the evidence Section of the Juvenile Court Act, which provides those circumstances ln which evidence by a n ino r is adm issible , and particularly previous statements of a mlnor. The bill changes one Word . It changes the wo rd ''the'' minor to ''a'' minor. It ss meant to address -- and the sugqestion come to us out of the Peorla County State 's A tto rney 's Office . It 's meant to address that situation where an abuser - fo r example , an abusive father - might have stepchildren and mlght be an abuser in more than one family or mo re than one child . And this says that if the child has made a previous statement, that that statement can be introduced within the juvenile court proceedings . Be happy to answer questions . The current law z which ls not changed : also provides that if it 's uncorrobo rated or not subject to cross-examination, it shall be not sufficient in itself to support a find lng of abuse or neglect, but th is would allow it into evidence . Be happy to try and answer questions. Otherwise would ask for a favorable vote . PRESIDING OFFICER: (SENATO: KARPIEL) Is there any discussion? If not , shall Senate Bill 363 pass. Those in favor wilb vote Aye . Those opposed Will vote Nay . The voting is open. Have a11 voted who wlsh? Have a11 vo ted who wish? Have a1l voted who wish? Take the record , Madam Secretary . On th is issue r there are 55 voting Aye, none voting Nay , none voting Present, and Senate Bill 363, having received the required constitutional majority, is declared passed. Senate Bill . 369. Senator Dudycz . Read the bill , Madam Secretary . ACTING SECRETARY HAWKER : Senate Bill 369 . (Secretary reads title of bill) 3rd Reading of the bill. 76 ! I I STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislatlve Day March l4, 1997
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dudycz .
Thank you , Madam President. Originally Senate Bill 369 deleted the authority of the mayor, aldermen , village president and trustees , marsha ls y deputy marshals and pa rk d istrict board members from being conservators of the peace . believe we pve reached accommodation to those municipal officers . Now they can maintain that designation as conservators of the peace r but they should , befo re they -- they can be designated thatz must receive a certificate attesting to successful completion of a training course administered by the Police Tra ining Bcard . And the bill authorizes the Police Training Board to inltlate and conduct a tralnlng course for these officials .
PRESIDING OFFICER: (SENATOR KARPIEL) Is there d iscussion? Senator Jacobs .
Thank you, Madam President, Ladies and Gentlemen of the Senate . This had a 1ot of debate in ccmm ittee , and there -- there was a lot of us that had some -- some initial problems with it. There was a feeling that we were attempting to take away the power from the mayors and the councilmen . The way it ended'up , don 't think tha t's the case . I think what we 're trying to head in this particular piece of legislation is to ensure that any conservato r of of the peace is either a) qualifiedr or b) if they are a mayor or city councilman who want to feel they 're a conservaEo r of the peace without actually getting that title, can do so , but they better do so With With a.lot of concern y because we 've had a 1ot of councilmen , in particular , and a few mayo rs r I know , that flash those badges around pretty quick and get, not only them selvesr but everybody else around them in trouble . And I urge an Aye vote . 77 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 14, 1997
PRESIDING OFFICER: (SENATOR KARPIEL) Fu rthe r discussion? Senator Trotter.
Yes . Will the sponsor yleld? Senator ...
PRESIDING OFFICER : (SENATOR KARPIEL) He ind icates he Wll1 . Senator Trotter .
Thank you . Senato r Dudycz, you sa id the re has to be some training involved befo re these individuals can be actually considered conservato rs?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dudycz.
Yes. Senator Trc tterz as you know , if you are a conservator of the peace, that means you have authority of arrest and the powers of enfo rcement. So what -- what we are say ing is that the Police Tralning Board will be adm inistering a tra inin: cou rse for those officials who are designated as conservators of the peace . If they wish to be -- to be able to use these powers, they should be able to know their -- their responsib ility as Well as their authority .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Trotter .
Does this legislation allow fo r those individuals who are now carrying a badge to be grandfathered or do they too must have - - have training?
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Dudycz .
No . This doesn 't grand father anybody Senato r Trotter. truly believe tha t if they they wish to -- to use those 78 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 , 1997 powers that they have designated to them , they should go through the tralning . That includes the existing officials , as well as future ones .
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Butler .
Well, speaking as a -- as a former mayor, in our town we did give badges, but we made it very, very, very clear that these were souvenirs. They had absolutely no power whatsoever. Unfortunately, there are occasions when these badges assume mo re importance than are -- they are supposed to . We have a ease right now that 's in the newspapers . Many of you may have read where a trustee is flashing his badge a11 over the place , and -- and in doing so , lucklly , is getting hlmself in trouble . I Would -- I would urge thls to pass simply to make sure everybody understands that they -- they have no legal autho rity , even though they may be carrying a souvenir badge . It probably -- you know , we should lcok at this -- those badges as nothing more than we used to get in Cracker Jack boxes.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? If not, the question is , shall Senate B ill 369 pass -- Senator Dudycz, to close .
Yes -- yes . Thank you , Madam President . Just , Senator Butler, you know , this -- I have some badges in my office that have been given to me as examples . 0ne was -- looked like a police star. It was given to a ward comm itteeman in the C ity of Chicago . A ward comm itteeman has -- they are autho rized by some unknown power to carry these badqes, and it 's very , very identica l or very similar, other than the wording on it, to my Chicago Police star. We also have leg islatlve aides stars tha t are floating around the City of Chicago that have been issued to , I 'm 79 STATE OF ILLINO IS I 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 y 1997 sure it 's previous , Members of the General Assembly , but they fre still out there . For the Members of this Body , if anybody is interested in -- in obtaining a badge, I have some junior deputy Cook County Sherlff 's badqes if -- and you can have these and your satisfactlon wlll be met then . I ask for your affirmative vote .
PRESIDING OFFICER: (SENATOR KARPIEL) All rlght. The question is , shall Senate Bill 369 pass . Those in favor will vote Aye . Opposed , vo te Nay . The voting is open . Have all voted who wlsh? Have all voted who w ish? Have a11 ' voted who wish? Take the record . On thls question , there are 47 voting Aye , none vo ting Nay , none -- 9 voting Present, and Senate B ill 369 , having received the required constitutional majority, is declared passed. Senator Rauschenberger. Senate Bill 373 . Senate -- Senate -- Senate Bill 382. Hawklnson . Sena te B ill 385 . Senator D illard . Read the b11l, Madam Secretary .
Senate Bill 385. (Secretary reads title of bill) 3rd Readin: of the bill .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Dilla rd . .
Thank you , Madam President, Ladies and Gentlemen of the Senate . Senate Bill 385 co rrects a deficiency and brings into line current practlces under the Plat Act. The bill amends a Section of the Act that had not been amended for many , many decades, and just brings in line the Plat Act with current selling practices of home builders , primarily in the Chicago area . I 'd be happy to answer any questions .
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? Senator Geo-Karis. 80 STA TE O F IL LINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch 14: 1997
Sponsor yield for a question?
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he Will yield .
But what does it actually do? Can you tell us?
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Dillard .
Senator Geo-Karis , this one-hundred-plus-year-old Act in the old days said that you could nct offer for sale any parcel of p roperty in a plat and that it Was a criminal violation . Everyday in the State of Illinois people w ithout all of the sections of a plat having been sold are offerlng certatn homestead sites for sale . I think many , many realtors, home builders, developers were not awa re tha t thls archaic Section of the Illinois Statutes actually made it a petty offense to talk to anybody about selling a partlcular parcel of property untll the entire plat had been sold . And so what we say is , nothing th is Section shall p rohibit an offer of sale or acceptance of deposit by a seller before compliance with the requirements of this Act, p rovided that the compliance occu rs before the conveyance of any deed to the p roperty . A11 we 're doing ls clea rin: up a very , very a rchaic Section of the Plat Act . It 's a simple one-sentence change, and I really , quite frankly , think a 1ot of people have been out in the State of Illlnois , for years: actually committing a petty offense .
PRESIDING OFFICER: (SENATOR KARPIEL) Is there further d iscussion? If not, the question shall Senate Bill 385 pass . Those in favor wl11 vote Aye . Opposed , vote Nay . The votlng is open . Have a1l voted who wish? Have al1 voted who wish? Have a1l voted who w ish? Take the record . On th is question, the re are 56 voting Aye , none vo ting Nay r none 81 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislattve Day March l4, 1997 voting Present, and Senate Bill 385, havlng received the required constltutional majority, is declared passed. Senate Bill 408. Senator Cullerton . 423. Senator Fitzgera ld . Senate Bill 429. Senato r Watson . Read the bill, Madan Secreta ry .
Sena te Bill 429 . (Secretary reads title of bill) 3rd Read ing of the bill .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson .
Yes . Thank you . This particular piece of legislation comes from M ike Dall. He 's a deputy sheriff C linton County , my district. And he has some concerns about the current 1aw that allows for someone to polnt a -- a weapcn -- a dead ly weapon at a police offlcer, and he -- and the result is a very small penalty, a Class A misdemeanor . What this does is raises that to a Class 4 felony . Be glad to answer any questlons .
PRESIDING OFFICER: (SENATOR KARPIEL) Any d tscusston? If not , the question (s , shakl Senate Bilt 429 pass . Those in favor Will vote Aye. Opposed , vote Nay . The voting ls open. Have al1 voted who Wish? Have 'all voted who wlsh? Have a1l voted who Wish? Take the record . On this question, there are 55 votinq Aye, none vo tkng Nay, none vo ting Present r and Senate Bill 429 , havin: received the required constitutional majority, is declared passed. Senate Bill 432. Sena tor Butler . Read the bill, Madam Secretary .
Senaté Bill 432. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR KARPIEL) 82 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 , 1997 Senator Butler.
Thank you very much . Lad ies and Gentlemen, Senate Bill 432 is is an effort initia ted by the State Board of Elections to -- to prevent some of the gross abuses that are taking place When people require asslstance the voting b00th . -- covers several very specific things that a person giving that assistance must -- must do . It first of all, the State Board of Electlons will provide a w rltten instructions on how assistance shall be provided . And then secondly r they will include such penalties for attempting to influence the voter 's chclce cf candidates or a party or a vote in relation to any question . They have to swea r to not -- not to ihfluence the voter's cholce of candidates. And also this would also apply to absentee ballots and applications . There is a serious vo id in the present 1aw in that it is -- it is too vague , and We believe this would tighten up the -- the asslstance -- the kind of assistance given to people needing help ln the voting b00th . think it 's a good government bill and think we a1l should be on board .
PRESIDING OFFICER: (SENATOR KARPIEL) Are there any is the re any discussion? Senator Bowles .
Thank you , Madam President . stand strong support of Senator Butler's conce rning the -- the issues of absentee voting and assistance in the votin: b00th on election day. As a fo rmer election official , there are problems , and I think that this bill addresses some of those problems and would join him in asking for an affirmative vote . Thank you .
PRESIDING OFFICER: (SENATOR KARPIEL) Is there further discussion? Senator Collins .
Question of the sponsor. 83 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4 , 1997
PRESIDING OFFICER: (SENATOR KARPIEL) He indtcates...
Senatorr I'm just screeninq on my computer trying to look at the -- the part as it relates to absentee ballot. I d id file a bill myself whlch was not given the privilege of hav ing a hea ring on . It 's in the subcommittee r as most other Democratic bills a re . But on your absentee ballot Section, could you just tell me specifically, are you doinç anything about the fact that so many peaple -- elected officials can go down and get a list of thcse persons requesting absentee ballots r deliver the ballots to the people, they mark them in their presence, and then have them mailed back? think that is something tha t we need to deal with . Even though -- lt may have , in many instances, helped my party , it 's still something wrong . And -- and if -- if this bill have attempted to address that issue .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Butler.
There are some obvious difficulties in in trying to follow an absentee ballot . But the bill does provide that the same instructions giving -- g iven in person at.the -- at the polling p lace w ill be included in the absentee ballot malling and also the applications.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Collins .
Senato r, in Cook County there is -- anytime anyone requests an absentee ballot there is a printout list there that 's posted prior to the mailing of those ballots back to the -- to the county . What would have liked to -- to have seen done was that list not be published until after the people had sent their ballots back to 84 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14 , 1997 the -- to the -- to the board . What happens in many cases the -- the wa rd comn ltteemen , the candidates , they go down and they get the list , so they know who has absentee ballots in their Wa rd . That 's what the real problem was several yea rs ago . And I -- and I don 't know if some of them under investigation about that at this time . But to avoid that problem , the list of the names of persons requesting absentee ballot should not be published . However, it is a matter of public record . If these people are listed and the list, after they vote , goes to the polling places when the absentee ballot period closes , they should be then sent out to the polling places for election day so that they can be included in the count . Tha t 's my great concern , and until you do that , we are not going to change the problem and the fraud and the interference the absentee ballot process . That 's the only way you dre going to do it. What you have here , if it doesn 't do that, it 's not going to do anything . ...amend this bill and make sure that -- that we that we can -- can do -- deal with that particular problem , 'cause that is where the bulk of the problem arises from .
PRESIDING OFFICER: (SENATOR KARPIEL) Could we have a little order, please? We would like to -- a11 of us would like to get out of here, and.we can do that better and faster We have some order and some quiet. I don 't know if that was a question, Senato r Co llins . We have a few mo re speakers. Senato r -- Senato r Butler, did you Want to answer that, or in your closlng?
Well, merely to mentlon , I Im aware tha t you have a bill that very speciftcally does that, and guarantee that in the subcommittee , as we -- as we sa id at the meeting -- at the hearing , that will be given great consideration . I -- I promise that . 85 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14, 1997
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Welch .
I have a question of the sponsor .
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he W ill yield .
Is -- is there a -- is this a Mandate Act exemption? Who pays for this?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Butler.
Well, the only cost that I can dlscover Would be the printed lnstructlons . And that -- that can 't be too costly .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Welch .
How is it determined when does a person who assists a disabled person get those instructions? When they wa lk into the polling place, or Whenever a absentee ballot is sent out to a disabled person? PRESIDING OFFICER: (SENATOR KARPIELI Senator Butler.
The bill requires that this must be done prior to entering the voting b00th .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Welch .
How is the county clerk go ing to know which voters are disabled so that a letter can go to them , number one , to tell them that if they have somebody help them , that pe rson has to read this 86 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legisla tive Day March 14, 1997 letter of instruction; and number two , how ls the county clerk going to be sure that the person helping the disabled pe rson has read those instructions?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Butler .
Well, I suppose you could I suppose you could send along a book about the size of any one of our code books and try and cover every tiny possibility . I think this b ill if the person 's coming into the polllng place and somebody 's literally carry ing them in, which I understand has happened , that would kind of be a signal to somebody that this voter is going to require assistance and that the person carrying them in is go ing to g ive tha t assistance . I don 't know how to answer that . There are p robably forty-two jillion kinds of instances, what-ifs. But if we can cut out 99 .9 percent of some of the problen s that are created . We 've got instances where literally the -- the voter requirlng assistance d idn 't even go in the voting b00th . The assister Went in there and voted for 'em . Now that 's -- that 's w rong . And we should do what we can to stop the -- stop as much as we can .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Welch .
Welly Senator Butler, your bill says that if you influence a voter, becomes a felony . Isn 't that the whole purpose o f precinct comm itteemen, is to influence voters to vo te in a certain - - for a certain party? So anytime that a precinct commiEteeman comes in w ith a disabled person, lt would seem to me there Would be a presumption they 're influeneing their vote , because they sure wouldn 't I don 't know ln your area , but in my area we probably Wouldn 't bring too many disabled Republieans . So it -- it seems like we 're -- this is the eomm itteeman felony Act of 1997 . 87 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day Ma rch l4, 1997 think the State Board o f Elections has really gone overboard . They see a p roblem , and instead of using a hammer, they 've go t a bazooka out here to try to take care of I think they 've really overreacted , and they -- and on top of that, they haven 't addressed the real votlng p roblem , wh ich is voting by individuals who a re mentally ill who may not have any idea what they 're doing . Does this make felons out of anybody who helps them? A re they considered disabled under thls bill, as well?
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r is rhetorical, or is that a questicn? Senato r Butler.
Unfortunately, the fed/ral motor voter 1aw right now says that a mentally incompetent person judged by -- judged to be mentally incompetent may vote . Secondly, to your point about the -- the precinct committeemen , o r precinct captains , I know of no Republican precinct captain who is not a man of great integ rity or a lady of great integrity , Who wouldn 't hono r the oath . I don 't know how you can go beyond the -- hono ring the -- the oath .
PRESIDING OFFICER : (SENATOR KARPIEL) Is there further discussion? tenator Welch.
You 're sitting next to Senator Fitzqera ld . Thls sounds like his logic about lawyers little while ago , to me . So I -- thank you .
PRESIDING OFFICER: (SENATOR KARPIEL) Al1 right. Is there further discussion? .If not, SenaEor Butler , to close .
Well, I wouldn 't touch Senator Welch 's last statement with a ten-foot pole . I ask for an Aye vote .
PRESIDING OFFICER : (SENATOR KARPIEL) A 1l right . The question is, shall Senate Bill 432 pass . Those 88 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14, 1997 in favor will vote Aye . Opposed w ill vote Nay . The voting is open . Have a1l voted who Wish? Have al1 voted who wish? Have a11 voted who wish? Take the record , Madam Secretary . On this issue y there are 46 voting Ayer 3 voting Nay, 4 vo tlng Present, and Senate Bill 432, having received the required constitutional majority, declared passed. Senate Bill Senator Butler. Read the bill, Madam Secretary .
Senate Bill 433 . (Secretary reads title of bill) 3rd Read ing of the btll .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Butler.
Lad ies and Gentlemen , Senate Bill 433 is an attempt to clear up some of the -- the g ross -- the gross p roblems tha t are created when people just totally ignore the requirements for petitions. First of all, let me make it clea r, had some communications from county -- from county clerks rega rding local elections . This does no t apply to local elections . It 's only fo r Sta te and leg islative offices . What it requires is that the State Board of Elections make a preliminary judgment as to Whether or not the petitions meet the -- the basic requirements for filing . had th is personal experience : had a person file against me with forty signatures, and there was nothing the State Board of Elections could do if I did not challenge it . Well, d id challenge lt . It cost me three or four hundred bucks, but I qo t 'em off the ballot . Now , the problem we have is tbat , as you know , unless a -- the -- the applicant is -- is challenged , the State Board of Elections has no autho rity to stop the petition p rocess . The says that the - - that the State Boa rd of Elections are -- w ill -- w ill check to be sure that a required number of signatures are -- are w ritten, 89 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 14 , 1997 that all of the required statements and oaths a re included . Ik does not require - does not require - the State Boa rd o f Election to verlfy signatures. would be pleased to answer any questions.
PRESIDING OFFICER: (SENATOR RARPIEL) Is there any d iscussion? Senator -- oh, you 've really -- Senato r Demuzto .
Senator Butler, 1et me , if I might, if the Senator will yield p I 'd like to ask a couple of questions, if might . Number one , how many members of the State Board are there?
PRESIDING OFFICER: (SENATOR RARPIEL) I 'm so rry . Senator Butler .
don 't know , Senator. This is not my first bill: incidentally .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Demuzio .
That's p robably why you don 't know the answer. There are eight members. Now, I hàven't read thoroughly your bill either, but as -- as I underseand what you 're attempting to do here r is you are attempting to give the authority of the State Boa rd to make the determining decision With respect to petitions with -- as it is now , it goes to a court. Is that correct?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Butler.
If it is -- if it is , indeed , challenged .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Demuzio .
Well, then -- there are eight -- there are eight members of 90 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4, 1997 the State Board of Elections four Democrats and four Republlcans . If somebody 's absent , if someone is i1l fo r whatever reason ; or out-of-state or what have you and so fo rth , what constitutes a najority vote of the State Board of Elections?
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Butler.
would assume the normal Robert 's Rules o r Whatever apply would apply there . I don 't -- I don 't get the thrust of tha t. If you 're saying that it is flne for someone to -- to -- as has happened where there was somethlng like five thousand signatures required and the person filed one page , if you think that 's an acceptable operation , I -- I don 't and I thtnk thls would prevent that .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Demuzio .
Well, again r I assume that there are a number of other speakers , but it dll give me an opportunity to --- to reread the bill that I just glanèed at, but it just seems to me that there's al1 kinds of m ischief that could be : in factr begun with the p rovisions o f th is blll. And I don 't think it 's such a good idea . Thank ycu .
PRESIDING OFFICER : (SENATOR KARPIEL) Further discussion? Senator Link .
Will the sponsor y ield?
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he will.
Senator Butler, as you know , I voted for this in comm ittee , but I want to get a clarification aga in on the Floo r. We are only 91 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 1997 talking about verifying the amount of signatures . We aren 't -- and the forms that are necessary to be filed . We are not talklng about crossing the Ts, dotting the Is r the paper clips , any other thingsr the numbers on the pages. Those are challenges which has become -- has to come about from the -- either the cand idate -- the opposing candidate or someone of the o ther party . Am I correct?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Butler.
Well said .
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator -- oh , I 'm sorry . Senator Link .
So -- so , in essence, though , we are still staying w ith the same challenging system that We have right ncw . The only thing we 're chang ing is -- and this is only w ith the State Board of Elections - we are not putting this onto the county clerks, we are not putting this in local elections r we are only doing W ith the State Board o f Elections , and they are only goin: to that What We are -- you a re callinq fo r. Co rrect?
PRESIDING OFFICER : (SENATOR KARPIEL) Sena tor Butler.
Well said .
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Berman .
Thank you , Madam Presldent . Senator Butlerr I like this idea , 'cause I had the same situation . I had a libertarian candidate that filed against me . He had thirteen signatures , and it was my initiative that had to be undertaken in order to get him off, and 92 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 14 r 1997 there certainly was -- very identifiable that there's a difference between thirteen signatures and I thlnk it was twenty-two hundred and thirteen was the number that was required . Why don 't we want to do this for local electlons? PRESIDING OFFICER; (SENATOR KARPIEL) Senator Butler.
- - I think that 's a logic first step . The some of the county clerks got worried about this , and I can seem them building up some resistance to -- to making those kinds of decisionsr p robably fo r political reasons. I 'd be happy to cosponsc r With you to bring this down to the -- to the local to the local level . Not on this bill, though . But T think we cught to stop this whlle we can .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Bowles.
Thank you , Madam President . Would the sponsor y ield for a question?
PRESIDING OFFICER : (SENATOR KARPIEL) He indicates he will .
Sena tor Butler , fo r clarlfication, if the Sta te Board should rule that the petltions a re not ln conformlty with the requirements of -- of tbe Election Code r the the candidate would still have recourse to the coure, isn 't that correct? With an electoral board , and then -- Ehe electoral board and then the court?
PRESIDTNG OFFICER: (SENATOR XARPIEL) Senator Butler.
Within five business days , the Boa rd is required to notify the 93 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4, 1997 candidate that -- notify the candldate that his or her petitions are not in confo rmlty and then also advise them , at the same time , they can appear before the Boa rd . And then I think the final adjudication would be -- wculd be in the court. The -- the bill says in the judicial review.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Bowles .
I simply wanted to point that ou t as a point of clarification, that the decision of the State Board of Elections is not the final action. There is other recourse . Thank you .
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senato r Collins .
Question of the sponsor. Senator Butler, in -- a case -- I 'm going to give you an example of a case that I had . In speaking with the State Board and also the Secretary of State 's Office that issues the certification stamp that they have to be certlfied , the opinion of bo th of those State agencies was that a person who was notarized the petitions, that they bad to be authentic signatures of the notary . The local Cook County Board had a whole different opinion. In other Words , you could use a rubber stamp . Wha t happens, in that case , if the Sta te Board see those petitions wlth duplicate signatures and then the -- the challenger files against the Board, Wh ich comes before the -- the Cook County Court, and they rule that those signatures with a rubber stamp ls authentlc and legitimate? What happens in -- in a case like that under your...
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Butler .
Well, as said , we 're not requiring the State Board of 94 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leg islative Day March 14, 1997 Elections to verify signa eures . That must be done by a challenge . Was that your question? PRESIDING OFFTCER: (SENATOR RARPIEL) Senator Collins. SENATOR COLLINS: No . No . You misunderstood me . The -- each o f the sheets have to be nota rized , and -- by a notary . A notary seal or no tary stamp should be , by a11 notary laws r authentlc - that signature on the stamp . If when they glanee these -- the Board glance through the -- the petitions filed , and they look and see that a notary is a rubber stamp , would that constttute them making a ruling that the petitions are just not in order? That's not verifying signatures. Youpre just verifying the fact that either they're notarized or they 're not notarized . PRESIDING OFFICER: (SENATOR RARPIEL) Senator Butler . SENATOR BUTLER : The bill does not provlde for -- or, authenticity of the -- of the notary: lf that 's your questlon. Is i*? PRESIDING OFFICER: (SENATOR KARPIEL) Senator Collins . ' SENATOR COLLINS : Senator Butler, let me just say thls. I've heard over and over this Session that we should not deal w ith things p iecemeal, and that's the reason for most of the Democratic b ills being held in committee. aqree with you that there is a tremendous need and a great sense of urgency , I would say , for electio n reform in the State of Illinols. But think What youdre doing is going about it piecemeal . It ought not to be a partisan issue . We should have all had the opportunity . Many of us have put in bills this year with some ideas , and I happen to th ink some good ideas , for election refo rm that could have been of -- of great service 95 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 14y 1997 not only to the Board , but to the sanctity of the electoral process fo r the citizens of the State of Illinois , had you been willing to do that. Now, just to say that your name is on a bill and you -- you 're sponso ring scme legislation on election reform is just not going to get We need some serious thought at what's going to go lnto this, and I would hope that this bill pass, that Madigan w ill stop it in the -- in the House; that We can come together and actually put together some well meaningful , well-needed election reform for the State of Illinois . So I hope this bill doesn 't pass .
PRESIDING OFFICER: (SENATOR KARPIEL) If there 's no fu rther d iscussion: Senator Butler, to close .
Just one final comment. Senator Collins , assure you , as we promised, your bill your ideas will be considered in the subcomm ittee meetings we sre -- we said we would have . Second ly , What we wanted to do was to take sone actions within the capab ility of the State Board of Elections right now . If they Were to verify tens of thousands of pages of siçnatures and other , you know , some of the other things that m ight be in question , Would inundate them . We dre trying to do as much as we possibly can . Given the existing conditions , we 've got to stop some of the fraud , at least. And I would urge a Yes vote .
PRESIDING OFFICER : (SENATOR RARPIEL) The question is, shall Sena te Bill 433 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have a11 voted Who Wish? Have all voted who wish? Have all voted who wish? Take the record . On this question, there are 47 votin: Aye: 4 voting Nay , 4 voting Present, and Senate Bill 433 , havlng received the required constitutional majority, is declared passed. Senate B ill 437 . Senator Butler . Senate Bill 443. Senator Berman . Read the b11l, Madam Secretary . 96 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Leglslative Day March l4, 1997
Senate Bill (Secretary reads title of bill) 3rd Reading of the bill . END OF TAPE TAPE 3
PRESIDTNG OFFICER: (SENATOR MARPIEL) Senatc r Berman . SENATOR BERMAN J Thank you , Madam President. Senate Bill 443 specifies that a necessary preventlve service for seniors under the Depa rtment on Aging sball be designated to inelude home-delivered mea ls. What this b111 does is to take home-delivered m eals outside of the d iscreticnary choosing of services and makes it a necessary p reventive service . The bill was supported in committee by AARP . We 've circulated a letter from the Department on Aging regardlng the cost factor, whlch they say quote ''results a t no new costs or savings .'' And came out unantmously in comm tttee . I would solicit your Aye vote .
PRESIDING OFFICER: (SENATOR KARFIEL) Discussion? Senator Rauschenberger.
Thank your Mr. President. just like to remind the Body and the sponsor, although thls may be a well-intentioned y good idea , kha k in effect does is it converts a home-delivered meals prog ram , which we worked on a bipartisan basts to fully fund through the supplemental and which the Governor 's Office has fully STATE OF ILLINOIS 90TH GENERAL ASSEMBLM REGULAR SESSION SENATE TRANSCR IPT 23rd Legislative Day March 14 , 1997 funded in thls next fiscal year, into an entitlement program . We 've been working for a long tlme here to control costs and to control the Departaent of Aging. Anyone who 's sat on ' App ropriation for the last feu yea rs knows the Department of Aqing has a very difflcu'lt time assembling numbers . This program is adm inistered by area agencies on aging and I would respectfully suqgest everyone kake a hard look at whether we should take ehis outside of the appropriation process and turn it into an entitlement . I would suggest people think very ha rd about casting a P resent vote o r a No vote . Itfs fully funded . There 's no problems with the program . We took care of it under supplemental funding and it 's fully funded for next yea r. Converting this to a - - an entitlement proqram only klnd of recharges the problems we dre having in other entitled p rograms . I'd suggest a Present vote . Thank you . PRESIDING OFFICER: (SENATOR RARPIEL) Further discussion? If not, Senator Berman, to close . SENATOR BERMAN : Thank you . Ladies and Gentlemen , I understand the point tha t ' Sena tor Rauschenberger raises , but let me po int out to you that as far as probably the best p rogram , from a money-saving point of view , to keep seniors and the elderly and the d isabled in their own homes is home-deltvered meals. A11 that we're doing by this b ill, I would susgest , ls not an entitlement program , but instead of the use of the wo rd ''may'' for a list of about a dozen o r so different services r we are specifyin: that, quote , ''For purposes of this Section z home-delivered meals provided to eligible individuals through a nutritlon provider funded by an area agency on aginq shall be considered a necessary preventive service .'' That 's the truth . That 's where it ought to be . That 's where our senio rs want it to be . I solicit your Aye vote . PRESIDING OEFICER: (SENATOR KARPIEL) 98 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March 1997 The question is , shall Senate Bill 443 pass. Those ln favo r will vote Aye . Opposed , Nay . The voting is open . Have al1 voted who W ish? Have a11 voted who Wish? Have voted who wish? Take the record . On this question r there are 31 votlng Aye , voting No , 16 voting Presenty and Senate Bill 443 , having received the required constitutional majority, is declared passed. Senator Rauschenbe rger.
I 'd seek a verification of that roll call .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger has requested a verlfication. Will al1 Senators be in their seats . The Secretary will read the affirmative votes.
The following Members voted in the affirmative: Berman, Bowles , Ca rroll, Clayborne ...
PRESIDING OFFICER: (SENATOR KARPIEL) Madam Sec reeary . Senator Berman.
With leave of the Body , 1 911 put this on Postponed Considera eion .
PRESIDING OFFICER: (SENATOR RARPIEL) Motion is granted, Senator Berman . Senate Bill 444 . Senator Halvo rson . Senator Halvorson, do you w ish this returned to 2nd Reading for purposes of amendment? Senator Halvorson seeks leave of the Body to return Senate B ill 444 to the O rder of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted . On the O rder of 2nd Reading is Senate Bill 444. Madam Secretary , are there any Floor amendments approved fo r conslderation?
Amendment No . 3, offered by Senator Halvo rson . 99 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislatlve Day March 14 , 1997
PRESIDING OPFICER: (SENATOR MARPIEL) Senator Halvorson , on Amendment No . 3.
I'm going to take it out of the record for now, because the th lrd amendment here on the Floor has to be taken care of .
PRESIDING OFFICER: (SENATOR KARPIEL) All right . v..the record on that Senate Bill 444. Resolutions .
Senate Joint Resolution 22, offered by Senator Dudycz . It 's substantive . ' Senate Joint Resoluticn 23, Constitutional Amendment, offered by Senator Cronin .
PRESIDING OFFICER : (SENATOR KARPIEL) We Will now proceed to the Order of Resolutions Consent Calenda r. With leave of the Body , all those read in today Will be added to the Consent Calendar. M r. Secretary y have there been any objectlons filed to any resolution on the Consent Calendar?
No objections have been filed, Madam President.
PRESIDING OFFICER: (SENATOR KARPIEL) Any diseussion? If not, the question is' sha ll the resolutions on the Consent Calendar be adopted . A1l those in favor, say Aye . Opposed , Nay . The motion carries, and the resolutions are adopted . Messages from the House .
Message from the House by M r. Rossi, Clerk . Mr . President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution , in the adoption of which I am instructed to ask the concurrence of th' e Sena te, to wit: House Joint Resolution 17 . 100 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day March l4, 1997 (Secretary reads HJR No. 17) Adopted by the House , March 1997 .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Weaver moves to suspend the rules fo r the purpose of the imnediate consideration and adoption of House Jo int Resolution Those in favor Will say Aye . Opposed , Nay . The Ayes have it . The rules are suspended . Senator Weaver has moved for the adoption of House Jo int Reso lution 17 . Those ln favor, say Aye . Opposed r Nay . The Ayes have it , and the resolution ls adopted . Is there further business to come before the Senate? If not, pursuant to the adjournment resolution, Senator Radogno moves the Senate stand adjourned until noon, Monday, March 17th. REPORT: TIFLDAY STATE OF ILLINOIS 97/07/31 PAGE: 0O1 90TH GENERAL ASSEMBLY 12:39:4: SENATE DAILY TRANSCRIPTION OF DEBâTE INDEX MARCH 14? 1997 HB-0070 FIRST READING HB-0131 FIRST READING H8-0236 FIRST READING HB-0281 THIRD READING HB-O84M FIRST READING SB-002O THIRD READIKG SB-0025 THIRD READING SB-00R6 SECOND READING :8-0067 THIRD READING SB-0079 SECOND READING SB-0080 THIRD READING SB-0081 SECOND READING SB-0103 THIRD READING SB-0107 THIRD READING SB-0120 THIRD READING 58-0128 THIRD READING SB-0130 THIRD READING 58-0155 THIRD READIKG SB-0159 SECOND READING SB-0164 THIRD READING SB-0172 THIRD READING SB-0200 THIRD READING 58-0213 THIRD READING 58-0218 THIRD READING 58-0226 THIRD READING 58-0228 SECOND READING 58-0237 THIRD READING SB-02)0 SECOND READING 58-0265 SECOND READIHG 58-0278 THIRD READING :8-0285 THIRD READING 58-0299 SECOND READING 58-0303 THIRD READING SB-0304 SECOND READING SB-0314 THIRD READING SB-031i THIRD READING SB-032T SECOND READING SB-0331 THIRD READING SB-0340 THIRD READING SB-0341 THIRD READING 58-0348 THIRD READING 58-0363 THIRD READING :8-0369 THIRD READING 58-0385 THIRD READING SB-0418 SECOND READING 58-0428 SECCND READING SB-0%29 THIRD READING SB-0k31 SECOND READING 58-0432 THIRD REâDING 58-0433 THIRD REâDING :8-0435 SECOND READING SB-o436 SECOND REàDING SB-04k3 THIRD READINO SB-04pM RECALLED SB-044M 0UT OF RECORD SB-0M52 SECOND READIKG SB-0k75 SECOND READING :8-0522 SECOND READING 58-0524 SECOND READING 58-0545 SECOND READING SB-0561 SECOND READING 58-0593 SECOND REâDING SB-0618 SECOND READING 58-0657 SECOND READING REPORT: TIFLDAY STATE OF ILLINOIS 97/07/31 PAGE: 002 90TH GENERAL ASSEMBLY 12:39:44 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 14, 1997 :8-0665 SECOND READING 58-0666 SECOND READING SB-06T8 SECOND READING 58-0679 SECOND READING SB-0680 SECOND READING 58-0689 SECOND READING SB-0691 SECOND READING 58-0693 SECOND READING SB-0700 SECOND READING SB-0712 SECOND READING 58-0723 SECOND READING ' . 58-0772 SECOND REZDING 58-0773 SECOND READING SB-0T76 SECOND READING. 58-0778 SECOND READING' SB-0791 SECOND READING .. SB-0799 SECOND READING SB-0814 SECOND READING 58-0827 SECOND READING 58-0855 SECOHD READING SB-0908 SECOND READING SB-0910 SECOND REàDING SB-0920 SECOND READING s8-0929 SECOND READING SB-0930 SECOND READING SB-093T SECOND READING 58-0939 SECOND READING SB-1001 SECOND READING SB-1019 SECOND READING SB-10V5 SECOND READING SB-1059 SECOND READING SB-1094 SECOND READING w SB-1099 SECOND READING HJR-0017 ADOPTED HJR-0017 RESOLDTION OFFERED SJR-0022 RESOLUTION OFFERED SJR-0023 RESOLPTION OFFERED SEBJECT MATTER . SENATE T0 ORDER-PRESIDENT PHILIP PAGE 1 - PRàYER-PASTOR RICK WENNEBORG PAGE 1 PLEDGE OF ALLEGIANCE, LED BY SENATOR SIEBEN PâGE 1 JOPRNALS-POSTPONED PAGE 1 COMHITTEE REPORTS PAGE 1 MESSAGES FROH THE HOUSE PAGE 1 COMMUNICATION FROH SENATOR DUNN PAGE 2 COMHITTEE REPORTS PAGE 26 RESOLUTIONS CONSENT CALENDAR-ADOPTED PAGE 100 MESSAGE FROH THE HOUSE PAGE 100 ADJOURNMENT PAGE 101