The regular Session of the 90th Genera l Assembly w ill please come to order . Will the Members please be at their desks? W ill our guests in the galleries please rise? Our prayer today Will be given by Pastor Lundeen , Westm inster Presbyterian Church , Springfield y Illinois . Pastor Lundeen .
(Prayer by Pastor Lundeen)
I 'd ask Senator Walsh to lead us in the Pledqe of Allegiance . Senator Walsh .
(Pledge of Allegiance, 1ed by Senator Walsh)
Reading of the Journal.
Senate Journal of Tuesday , March 11th , 1997 .
Senato r Butler.
Mr. President, I move that the Journal just read by the Secretary be app roved , unless some Senato r has additions or corrections to offer. PRESIDENT PH ILIP J Senator Butler moves to approve the Journal just read. There being no objection, so ordered. Senator Butler.
Mr . President, move that reading and app roval of the Jou rnals o f Wednesday , March 12th ; Thursday , March 13th 7 and Friday y Mareh 14th , in the year 1997, be postponed r pending arrtval of the printed Journals. PRESIDENT PHILIP : STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March 17 , 1997 Senator Butler moves to postpone the reading and the approval of the Journal , pending the a rrival of the printed transcript. There belng no objections, so ordered. House Bills 1st. SECRETARY HARRY) House Bill lst Reading by -- is House Bill 72, by Senator Mola ro . (Secretary reads tltle of bill) 1st Read ing o f the bill .
May I have your attention for a minute? And might suggest to you that this is the last week for Senate Bills on 3rd Reading, excludin: app ropriations . We have three hundred twenty-five bills on the Calendar on 2nd and 3rd Reading . We dve been doing about forty a day r so I hope you 're getting the message . We 're go ing be oue -- to try to get out of here early on Thursday . So I would suggest you moving your bills. On the top of page 2: Senate Bills 2nd Reading . Senate B ill 4 . Senator Karpiél. Senate Bill 4 . Senator Karpiel. Take it out of the record. Senate Bill 5. Senator Radcgno . Read the b ill, Mr . Secreta ry .
Senate Bill (Secretary reads title of bill) 2nd Reading of the bill. The Comm lttee on Judiciary adop eed Amendment No .
Have there been any o ther Floor amendments that have been approved for consideration?
No further amendments reported .
3rd Reading . Senate Bill Senator Radogno . Read the b ill, M r. Secretary . 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 1997
Senate Bill 6 . (Secretary reads title of bill) 2nd Reading of the bill . No conmittee or Floor amendmentsr M r. President.
3rd Reading . Senate Bill Senator Radogno . Senate Bill 7? Read the bill.
Senate Bill (Secretary reads title of bill) 2nd Read ing of the b ill. No commlttee o r Floor amendments .
3rd Reading . Senate Bill 9. Senator Radogno . Read the bill, M r . Secretary .
Senate Bill 9 . (Secretary reads tttle of bill) 2nd Reading of the bill. There were no comm ittee amendments .
Have there been any Floor amendments that have been approved fo r consideratlon?
No further amendments reported .
3rd Reading . Senate Bill 30 . Senato r Parker. Senaee Bill 30. Senator Parker. Take out of the record . Senate Bill 54 . Senator Mahar. Senate Bill 54. Senator Mahar . Take it out of . the record . Senate Bill 63 . Sena tor Madigan . Take it out of the record . Senako r -- Senate Bill 65. Senator Trotter. Senate B1ll 65. Senator Tro tter. Take it out of the reco rd . Senator -- Senate Bill 73. Senator Lauzen . Senate Bill 73 . Senator Lauzen . STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leglslative Day March l7: 1997 Take it out of the record . Senate Bill Senator Lauzen . Take it out of the record . Senate Bill 75 . Senator Lauzen . Take out of the reco rd . Sena te Bill 77 . There 's a fiscal note requested on that billr so we cannot call Senate Bill 77. Senator Lauzen. Take it out of the reco rd . Senate Bill 85. Senato r Donahue . Read the bill, Mr . Secretary .
Senate Bill 85 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floo r amendments .
3rd Reading. Senate Bill Senator Radogno. Read it, Mr. Secretary .
Senate Bill l4û. (Secretary reads title of bill) 2nd Reading of the bill. No comm ittee or Floor amendments . PRESIDENT PHILIP ; 3rd Read ing . Senate Bill 141 . Senator Mahar. Senate Bi11 141. Senator Mahar. Take it out of the record . Senator Peterson, for chat purpose do you arise?
For the purposes of an announcement, Mr . Presldent . We 've been lnformed that Senator Mahar has been delayed with business in his district, and he Will be here in the Senate Chambers app roxlmately 4 o 'clock .
Thank you . The record w ill so lndicate . Senator -- 156. Senate Bill 156 . Senator Jacobs . Take it out of the record , M r. Secretary . Senate Bill 165. Senator Walsh . Senate Bill 165 . Sena tor Walsh . Read the bill, M r. Secretary .
4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch 17, 1997 Senate Bill 165. (Secretary reads title of bill) 2nd Reading of the bill . The Committee on State Government Operations adopted Amendment No . 1 .
Have there been any other Floor amendments that have been app roved for consideration?
No further amendments reported .
3rd Read ing . Senate Bill Senator Farley . Senate Bill 171 . . Senator Farley. Take it out of the record . Senate Bill 175. Senator Petka . Senate B ill 175. Senato r Petka . Take it out of the record , Mr. Secretary . Senate Bill 182. Senator Rauschenberger. Senate Bill 182. Senato r Rauschenberger . Take it out of the record . Sena te Bill 203 . Senato r Lauzen . Senate Bill take it out of the record , Mr. Secretary . Senate Bill 204 . Senator Lauzen. Take it out of the record . Senate Bill 206. Take out of the record , M r. Secretary . Senate Bill 209 . Senator Carroll. Read the bill, M r. Secretary .
Senate Bl11 209. (Secretary reads tttle of bill) 2nd Reading of the bill. No comm ittee or Floor amendments .
3rd Reading . Senate 3i1l 225. Senator Parker. Take it out of the record , Mr. Secretary . Senate Bill 250 . Senator Rea . Take lt out of the record. Senate Bill 287. Senator Luechtefeld . Senate Bill 287 . Senator Luechtefeld . Read the bill, Mr . Secretary .
Senate Bill 287. 5 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT ! 24th Legislative Day March l7, 1997 I (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floo r amendments . PRESIDENT PHTLIP : 3rd Reading . Senate Bll1 305 . Senator Sieben. Sena te Bill 305 . Senator Sieben . Take lt out of the record . Senate Bill 306. Senator Sieben . Senate Bill 306 . Senator Sieben . Take it out of the record . Senate B il1 307 . Senator V ive rlto . Senate B ill 307. Senator V iverito . Take it out of the record . Senate Bill 345. Senator Cronin . Senate Bill 345. Senator C ronin . Take it out of the record . Senate Bill 350 . Senato r Jacobs . Take it out of the recc rd , Mr . Secretary . Senate Bill 351 . Senato r Carroll . Read the bill , Mr . Secreta ry . SECRETARX HARRY : Senate Bill 351. (Secretary reads title of bll1) 2nd Read tng of the bill. The Comm ittee on Public Hea1th and Welfare adopted Amendnent No . 1 . PRESIDENT PHILIP : Have there been any other Floor amendnents that have been approved for consideration? SECRETARY HARRY : No further amendments reported . PRESIDENT PHILIP: 3rd Reading . Senate Bi11 356 . Senato r Pa rker . Read the b i11 , Mr . Secre ta ry . :ECRETARY HARRY : Senate Bill 356 . (Secretary reads tit1e of b1l1) 2nd Reading of the bill . The Comm ittee on Licensed Activities adopted M endment No . l . PRESIDENT PH ILIP : ' Have there been any F'loor amendments that have beën approved 6 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislattve Day March 17 r 1997 for conslderation? '
No further amendments reported .
3rd Reading . Senate B ill 366 . Sena tor Parker. Read the blll, Mr. Secretary .
Senate Bill 366 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judicia ry adopted Amendment No . 1 .
Have there been any further amendments that have been been approved for consideration? SECRETARY HARRY) No further amendments repo rted .
3rd Reading , M r. Secretary . Senate Bill 372. Senator Burzynski. Read the bill , M r. Secreta ry . SECRETARY HARRY ; Senate Bill 372. (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Licensed Activities adopted Amendment No . 1 .
Have there been any Floor amendments that have been app roved fo r conside ra t ion ?
No further amendments reported . PRSSIDENT PHILIP; 3rd Reading . Senate Bill 374 . Senato r Lauzen . Read the b il1 , Mr . Sec re ta ry . 7 E STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 1997
Senate Bill 374 . (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Revenue adopted Amendment No . 1 .
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
3rd Reading . Senate Bill 381. Senator Fawell . Read the blll, M r. Secretary .
Senate Bill 381. (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Jud iciary adopted Amendmenk No .
Senatcr Fawell, did you kish recognition?
I 'm sorry . That one does need an amendment. I haven 't gotten yet .
A1l right. Take it out of the record , Mr . Secretary . Senate Bill 404. Senator Smith . Read the bill, Mr. Secretary.
Senate Bill 404 . (Secretary reads title of bill) 2nd Reading of the bill . The Committee on State Government Operations adop ted Amendment No. 1. PRESIDENT PH ILIP : 8 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 y 1997 Have there been any Floo r amendments that have been approved for consideration?
No further amendments reported.
3rd Reading . Senate Bill 406 . Senator Rauschenberger. Senate Bill 406 . Senator Rauschenberger. Take it out of the record . Senate Bill 417 . Senato r Dillard . Senate B ill 417 . Senator Dilla rd . Take it out of the record . Senate Bill 438 . Senator Parker. Senate Bill 438. Senator Parker. Take it out of the record , Mr. Secretary . Senate Bill 454 . Senator Fawell. Read the bill , Mr. Secretary .
Senate B ill 454 . (Secretary reads title of bill) 2nd Reading of the bill . No comm lttee or Floo r amendments .
3rd Reading . Senate Bill 459 . Senato r Luechtefeld . Take it out of the record . Sena te Bill 476 . Senator Fawell . Read the bill , Mr. Secretary .
Senate Bill 476 . ' (Secretary reads title of bill) 2nd Read ing of the b ill. The Comm lttee on Commerce and Industry adopted Amendment No . 1.
Have there been any Floor amendments that have been approved for considera tion?
No further amendments reported .
3rd Reading . Senate Bill 483. Senato r Walsh . Read the bill, 9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Leglslatlve Day Ma rch l7, 1997 Mr. Secretary .
Senate Bill 483. (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Environment and Energy adopted Amendment No . 1 .
Have there been any Floor amendments that have been approved for consideration? SECRETARY HARRY ; No further amendments reported .
3rd Reading . Senate Bill 493 . Senato r Weaver. Take tt out of the record , Mr. Secreta ry . Senate Bill 495 . Senato r Geo-Karis . Take out of the reco rd . Senate B1ll 521 . Sena tor Jones. Senate Bill 521 . Senator Jones . Take it out of the record , Mr. Secreta ry . Senate Bill 531 . Senator Walsh . Read the bill, Mr . Secretary .
Sena te Bill (Secretary reads title of bi11) 2nd Reading of the bill . No comm ittee or Floo r amendments .
3rd Reading . Senate Bill 543 . Senator Dudycz . Take it out of the record , M r. Secretary . Senate Bill -- take it out of the reco rd . Senate Bill 580 . Senator Fa rley . Read the bill, Mr . Secretary .
Senate Bill 580 . (Secretary reads title of bil1) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted Amendment No . 1 . 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 , 1997 PRESIDENT PHILIPI Have there been any Floor amendments that have been app roved for consideration?
No further amendments reported .
3rd Reading . Senate Bill 600. Senator Cullerton . Read the bill, Mr. Secreta ry .
Senate Bill 600 . (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Judiciary adop ted Amendment No .
Have there been any Floor amendments that have been approved for consideration?
Amendment No . 2, offered by Senator Cullerton.
Senator Cullerton .
Thank you , Mr . President , Members of the Sena te. This amendment is technical in that it makes the bill a shell, which was the original intent of Amendment No. in committee. So it just corrects that -- that errorr and ie was approved bg the Rules Commlttee . I 'd move for its adoptlon.
Senator Cullerton noves the adoption o f Amendment No . 1 to Senate Bill 600 -- Amendment No . 2 . Any questions? If nc t, a1l those ln favor, signify by saying Aye . Those opposed , Nay . The Ayes have it . The amendment is adopted . Any further Floor amendments? 11 BTATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997
No further amendments reported , M r. P resident .
3rd Reading . Senate Bill 604. Senato r Sleben . Senate Bill 604. Senato r Sieben . Take it out of the record . Senate Bi11 605. Senator Mad igan. Sena to r Madigan. Read the billr M r. Secreta ry .
Senate Bill 605 . (Secretary reads title of bill) 2nd Reading of the bill . No eommittee or Floor amendments .
3rd Reading . Senate Bill 610. Senator Burzynski. Read the bill, Mr. Secretary .
Senate Bill 610. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee amendments.
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
3rd Read ing . Senate Bill 645. Senator C layborne . Read the bill, Mr. Secretary .
Senate Bill 645. (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Revenue adopted Amendnent Na .
Have there been any Floor amendments that have been approved 12 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leqislative Day March l7 , 1997 for consideration?
No further amendments repo rted .
3rd Reading . Senate Bill 658. Senator Lauzen . Read the b ill, Mr. Secretary .
Senate Bill 658. (Secretary reads title of bill) 2nd Reading of ehe bill. No committee o/ Floor amendments.
3rd Reading . Senate Bill 659 . Senator Madigan . Read the bill, M r. Secreta ry .
Senate Bill 659 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading . Senate Btll 663. Senator Farley . Take out of the record . Senate Bill 664. Senator Butler. Take it out af the record . Senate Bill 667 . Senator Madigan. Read the bill, Mr. Secretary .
Senate Bill 667 . (Secretary reads title of bill) 2nd Readin: of the bill . No comm ittee or Floo r amendments .
3rd Reading . Senate Bill 672 . Senato r Hawklnson . Take out of the reeord . Senate Bill 674. Senator Sieben . Senate Bill 674. Senator Sieben . Sena te Bill 677 . Senator Jacobs . Read the bill , Mr . Secretary .
13 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch l7, 1997 Senate Bill 677. (Secretary reads title of bill) 2nd Reading of the b111. The Comm ittee on Revenue adopted Amendments 1 and 2.
Have there been any further amendments that have been approved for consideration?
No further amendments reported .
3rd Reading . Senate Bill 685. Senator Walsh . Take it out of the record . Senate Bill 686 . Senato r Walsh . Take it out of the record , M r. Secreta ry . Senate Bill 707 . Senator C ronin . Read the bill, M r. Secretary .
Senate B ill 707 . (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
3rd Reading . Senate Bi11 709 . Senator Fitzgerald . Senate Bill 709 . Senato r Fitzgerald . Good . Read the bill, Mr . Secretary .
Senate Bill 709. (Secretary reads title of bill) 2nd Readin: of the bill . No comm ittee or Floor amendments .
3rd Readinç . Senate Bill 711. Senator Pa rker. Take out of the record, Mr. Secretary . Senate Bill 713. Senator Dudycz. Senate Bill 713. Take it out of the reeo rd , Mr. Secretary . Senate Bill Senator Radogno . Take it out of the record , Mr . Secretary . Senate Bill Senator Fitzgerald . Read the -- 14 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 read the bill , Mr . Secretary .
Senate Bill 737 . (Secretary reads title of bill) 2nd Reading of the bill. No commlttee or Floo r amendments .
3rd Reading . Senate Bill 740. Senator Fitzqerald . Read the bill , M r. Secretary .
Senate B ill 740 . (Secretary reads title of bill) 2nd Read ing of the bill. No committee or Floo r amendments .
3rd Reading . Senate Bill 747. Senator Fitzgerald . Read the bill , M r. Secreta ry .
Senate Bill 747. (Secretary reads title of bill) 2nd Reading of the b111 . No committee or Floor amendments.
3rd Reading . Senate Bill 753 . Senato r Syverson . Senate B ill 753. Senato r Syverson . Take it out of the 'reco rd , Mr . Secretary . Senate Bill 755. Take it out of the record. Senate Bill 762. Senator Dudycz . Take out of the record , M r. Secretary . Senate Bill 777. Senator Carroll . Read the bill, M r. Secretary .
Senate Bill 777 . (Secretary reads title of bill) 2nd Reading of the b111. No committee or Floor amendments .
3rd Reading . Senate Bill 781. Senatar Pa rker . Take it out of the record , Mr. Secretary . Senate Bill 795. Senator Sieben . 15 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997 Senate Bill 795 . Senator Sieben . Take it out of the record y Mr. Secreta ry . Senate Bill 796 . Senator Dillard . Senate Bill 796 . Senator Dillard . Take out of the record , Mr . Secretary . Senate Bill 798 . Senator Fawell. Read the bill , M r. Secretary .
Senate Bill 798 . (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
3rd Reading . Senate Bill 800. Senator Fawell . Take it cut of the record , Mr . Secretary. Senate Bill 801 . Senator Madigan. Senate Bill 801. Senator Madigan. Take out of the record , M r. Secreta ry . Senate Bill whoop ! Senate B ill 857. Senator Burzynski. Senate B ill 857 . Senator Burzynski. Read the bill, M r. Secretary .
Senate Bill 857 . (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Llcensed Actlvities adopted four amendments .
Have there been any Floor amendments that have been app roved fo r consideration?
No further amendments reported .
3rd Reading . Senate Bill 866 . Senator Weaver. Read the bill , Mr . Secretary . 866. Senator Weaver .
Senate Bill 866 . (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Approp riations adopted STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Leg islative Day Ma rch 17 , 1997 one amendment .
Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
3rd Reading . Senate Bill 867. Senator Weaver. Read the bill, Mr . Secretary .
Senate Bill 867 . (Secretary reads title of bill) 2nd Reading of the b ill. No committee cr Floor amendments .
3rd Reading . Senate Bill 868. Senator Weaver . Read the billr M r. Secreta ry .
Senate Bill 868. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments .
3rd Reading . Senate B ill 869 . Senato r Weaver. Read the b ill, Mr . Secretary .
Senate Bill 869. (Secretary reads title of blll) 2nd Reading of the bill. No comm ittee Floor amendments .
3rd Reading . Senate Bill 870 . Senator Weaver. Read the bill, M r. Secretary .
Senate Bill 870. 17 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 r 1997 (Secretary reads tltle of bl1l) 2nd Reading of the bill . No comm ittee or Floor amendments .
3rd Reading . Senate Bill 871 . Senator Weaver . Read the b111, Mr . Secretary .
Senate Bill 871 . (Secretary reads title of bill) 2nd Reading of the bill. No committee o r Floor amendments .
Senate Bill 872. Senator -- 3rd Reading . Senate -- Sena te Bill 873. Senator Weaver. A ll right . I 'm sorry . Senate Bill 872. Senator Weaver. Read the bill , Mr . Secretary .
Senate Bill 872. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments .
3rd Reading . Senate Bill 873. Senator Weaver . Read the bill, Mr. Secretary .
Senate Bill 873. (Secretary reads title of bi1l) 2nd Reading of the b ill. No committee or Floor amendments .
3rd Read ing . Senate Bill 874. Senato r Weaver . Read the bill, Mr . Secretary .
Senate Bill 874. (Secretary reads title of bill) 2nd Reading of the bill . No committee o r Floor amendments .
18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March 17y 1997 3rd Reading . Sena te B ill 875. Senato r Weaver. Read the bill, Mr. Secreta ry .
Senate Bill 875. (Secretary reads tltle of bill) 2nd Reading of the bill . No committee or Floor amendments .
3rd Reading . Senator -- Senate Bill 890 . Senato r Shadid . Take it out of the record , Mr . Secretary . Senate Bill 895 . Senato r Molaro . Senate Bill 895. Senator Molaro . Take out of the reco rd , Mr . Seeretary . Senate Bl1l 899 . Senator Madigan . Senate Bill 899 . Senator Madtgan . Take it out of khe record r Mr . Secretary . Senate Bill 902 . Senator Burzynski. Read the btll , Mr . Secretary .
Senate Bill 902 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments -- o r, no -- no comm ittee amendmentsr Mr. President.
Have there been any Floor amendments that have been qpproved for consideratlon?
No further amendments reported .
3rd Reading .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Bermanr on Senate Bill 912 . Out of the record . Senator Shadld r on Senate Bill 922. Out of the record .. Senator Rlemm , on Senate Bill 934 . Senator Klemm . Read the b ill, Mr. Secretary .
19 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17, 1997 Senate Bill 934. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senato r Petka , on Senate Bill 944. Senato r Petka? Out of the record . Senatcr Petka , on Senate Bill 945. Out of the reco rd . Senator Fawell, on Senate Bl11 950 . Out of the record . Senator Dillard , on Senate Bill 952 . Out of the reco rd . Senato r Klemm , on Senate Bl11 959. Read the b ill, M r. Secretary .
Senate Bill 959. (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Shaw , on Senate Bill 968 . Out of the record . Senator Cullerton, on 996 - Senate Bill 996 . Read the bill r Mr . Secretary .
Senate Bl1l 996 . (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Shaw , on Senate Bill 1002. Out of the record . Senator Ma itland , on Senate Bill 1005 . Read the bill , Mr. Secretary .
Senate B ill 1005. (Secretary reads title of bill) 2nd Readlng of the bill . No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Karpiel, on Senate Bill 1007 . Read the 20 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997 bill, Mr. Secretary .
Senate Bill 1007 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readinq . Senator Philip , on Senate Bill 1008 . Read the bill, Mr. Secretary .
Senate Bill 1008 . (Secretary reads title of bill) 2nd Reading of the bill. No comm ittee or Floor amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Petka , on Senate Bill 1009 . Out of the record . Senato r Maitland , on -- Senate Bill 1010. Read the bill , Mr. Secreta ry .
Senate Bill 1010 . (Secretary reads tltle of b1l1) 2nd Readlnç of the bill . No conmlttee or Floor amendments .
PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Readlng . Senato r Maitland , on Senate Bill 1011. Read the bill, Mr . Secretary .
Senate B ill 1011. (Secretary reads title of bill) 2nd Readin: of the bill . No comm ittee or Floor amendments .
PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Senator Weaver, on Senate B i11 1012. Read the bill, M r. Secretary .
Senate B ill 1012 . 21 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 , 1997 (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Senator Philip r on Senate Bill 1013 . Read the bill, Mr. Secretary .
Senate Bill 1013. (Secretary reads title of bil1) 2nd Read ing of the bill . No comm ittee or Floor amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) Senate -- 3rd Reading . Senator Phllip r on Senate B ill 1014 . Read the bill, M r. Secretary .
Senate Bill 1014. (Secretary reads title of bill) 2nd Reading of the bill . No comnittee or Floor amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Philip , on Senate Bill 1015. Read the bill, M r. Secretary .
Senate Bill 1015. (Secretary reads title of bill) 2nd Read ing of the bill . No comm ittee or Floor amendments .
PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Read ing . Senator Philip , on Senate B i11 1016. Senato r Philip . Read the bill, M r. Secretary .
Senate Bill 1016 . (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Flco r amendments .
PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Senator Philip , on Senate B ill 1017 . Sena tor 22 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 24th Legisla tive Day March 17, 1997 Philip . Read the bill, Mr . Secretary .
Senate Bill 1017. (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Butler: on Senate Bill 1018. Read the bill, M r. Secretary .
Senate Bill 1018 . (Secretary reads title of bi11) 2nd Reading of the bill . No eomm ittee o r Floor amendments .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator D illard , on Senate Bill 1020 . Senator Dillard . Out of the record . Senator Dudycz , on Senate Bill 1032. Out of the record . Senator Klenm , on Sena te -- read -- Senate Bill 1039. Read the bill , Mr . Secretary .
Senate Bill 1039 . (Secretary reads title of bill) 2nd Reading of the b ill. The Committee on Commerce and Industry adopted Amendment No .
PRESIDING OFFICER: (SENATOR DONAHUE) Have there been any Floor amendments approved fo r consideration? SECRETARV HARRT: No further amendnenes reported. PRESIDING OFFICER) (SENATOR DONAHUE) 3rd Reading . Sena tor Parkerr on Senate B ill 1041 . Out of the record . Senator Jones , on Senate Bill 1048 . Senator Parkerr on Senate Bill 1052. Out of the record . Senator Parker, on 1053. Out of the reco rd . Senato r Pa rker, 1058 . Out of the record . 23 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7, 1997 Senator Berman, on Senate Bill 1072. Senator Dillard y on Senate Bill 1074 . Senator Severns , on Senate Bill 1076 . Read the bill , Mr . Secretary .
Senate Bill 1076. (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Financial Institutlons adopted Amendment No .
PRESIDING OFEICER: (SENATOR DONAHUE) Have there been any Floo r amendments approved fo r consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Dudycz , on Senate B ill 1105. Senato r Klemm , on Senate B il1 1109. Read the bill, M r. Secretary .'
Senate Bill 1109 . (Secretary reads title of bill) 2nd Readin: 6f the bill. The Committee cn Local Government and Elections adopted Amendment No . 1 .
PRESID'ING OFFICER: (SENATOR DONAHUE) Have there been any Floo r amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR DONAHUE) Senato r -- 3rd Reading . Senato r Bowles, on -- Senate Bill 1120. Read the billr Mr . Secretary .
Senate Bill 1120 . (Secretary reads title of bill) 24 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch l7 # 1997 2nd Reading of blll. Committee on Local Government and Elections adopted Amendment No .
PRESIDING OFFICER : (SENATOR DONAHUE) Have there been any Floo r amendments that app roved fo r consideration?
No further amendments reported.
PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Senato r Jacobs , fo r what purpcse do you rise?
Point of personal privilege .
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point .
Wanted ta thank Senator O 'Malley fo r the nice St. Patty 's Day carnation. We a1l received them , I understand . Fo r a moment I thought we were slighted because I noticed that many people on that side of the aisle had then on their lapel , and then on this side Senato r ''O 'Hendon'' and Senator ''O 'bama '' and -- and Senator ''O 'Rea'' é1l had theirs in thelr lapel and we dldn't have any pins. Talklng to Senator O 'Malley , he did claim that there are pins over there. So anybody wishes to pue ehem on, hç 's got pins available.
PRESIDING OFFICER: (SENATOR DONAHUE) On page 2 of the Calendar -- the intention of the Chalr is to proceed to the Order of Senate (sic) Readings, so on the -- Senate Bills 3rd Reading - what did I say? - on the m lddle of page 10. Okay . That 's my m istake . We will start whe re we left off . That is the normal order of business. So it's on page 13, and We will start with Senate Bill 445, at Senator del Valle . You will be first up , and then Senator Demuzio , Senator Dudycz, you 're the next couple of Senato rs in line. On the Order of 3rd Read ing is Senate Bill 445 . Senator de1 Valle . Read the b ill: Mr . 25 STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Leg islative Day March 17 , 1997 Secretary .
Senate Bill 445 . (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER : (SENATOR DONAHUE) Senato r del Valle . SENATOR dEL VALLE : Thank you , Madam President. This bill creates a system of testing and certiflcation of foreign language court interpreters . The Admlnistrative Office of the Illinois Courts shall establish a comp rehensive testing and ce rtification p rogram for language interpreters to ensure that they are qualified provide interp reting services with in the court system . It passed on an attendance roll call out of the Jud iciary Comm ittee . ask for an Aye vote .
PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Is there any d iscusslon? Seelng none , the question is r shall Senate Bill 445 pass . Those in favo r will vote Aye . Opposed y Nay . And the voting is open. Have all voted who wish? Have a11 voted who w ish? Have al1 voted who wish? Take the record . On that question, there are 52 Ayes , Nay , no votlng -- none voting P resent. Senate Bill 445, having received the required constitutional najority, is declared passed. Senator Demuzio , on Senate Bill 450 . Read the bill , Madam Secreta ry .
Senate Bill 450 . (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio . 26 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch 17, 1997
Thank you very much , Madam President. Senate Bill 450 is a bill that establishes some basic quallflcations fo r persons who are acting as deaf interpreters in Illinois. Cu rrently there are no requirements , and anyone can offer him or herself as a deaf interpreter. For the record , 1et me also ind icate, for the purposes of legislative intent , that this bill does not apply to support staff or p rograms who serve the deaf and hard of hea rinç , according to the job descrlption. know of no opposition and Would ask for your suppo rt.
PRESIDING OFFICER: (SENATOR DONAHUE) Is the re any d iscussion? Senator Pa rker .
Thank you, Madam President. just Wanted to rise in support of this bill for the interpreters for the deaf and say that this also will be a function that they can work with under the new commission for the deaf, and we are very supportive of -- of this measure . Thank you .
PRESIDING OFFICER : (SENATOR DONAHUE) Is the re further discussion? Further discussion? Senator Demuzio? The question is , shall Senate Bill 450 pass . Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record . On that question, there are 55 Ayes r Nay , none voting Present. Senate Bill 450, having received the required constitutional majority, is declared passed. Senator Dudycz, on Senate Bill 452. Read the bill, Madam Secretary .
Senate Bill 452 . (Seeretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DONAHUE) 27 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 r 1997 Senator Dudycz.
Thank you , Madam President . Senate Bill 452 , as amended , anends the Section of the law dealing with fictitlous or altered identlfication cards . Now , these ca rds include the Illinois Ca rds and the Illinois Disabled Persons Identification Cards, making possession of -- of the fictitious card the same as the possession fo r a fraudulent card . Now , the dlfference between a fictitious and a fraudulent card is a fictitious card one which false information is obtained -- to the Secretary of State 's Office to obtain a card , and a fraudulent ca rd is cne which resembles a real card although it -- is not . Under current law , the penalty fo r possessicn o f a fraudulent card is a Class 4 felony and the current penalty for possession of a fictitious card is a Class A misdemeano r. What this bill does is brings the penaltles for Class -- for a fictitlous card the same as a fraudulent I.D . card or a fictitious driver's license or a fictitious, fraudulent card .
PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Senator Farley .
Question of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Ind icates he 'll yield, Senator Farley.
HoW does this affect a very senior citizen Who several years ago went tnto the Secretary of State 's Office and said that he or she might be a certain age and , in fact, they were olde r?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz .
I don't know hoW to answer that one , Senator Farley . don 't 28 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 1997 know whether -- whether, in fact, it would affect them or not. The purpose for this bill was , the law enforcement community in Chicago is -- is facing a dilemma , where the criminal is qulte aware of the penalties between a fictitious and a fraudulent ca rd , and now -- that they are coming out wlth a1l these flckitious cards to get credit cards and checking accounts, and they 're not even using the fraudulent ca rds any longer because they know the penalty is higher .
PRESID INC OFFICER : (SENATOR DONAHUE) Senator Farley.
I understand what you 're trylng to do . I'm also concerned , as my question stated was : there 's a senior citlzen - and I know of a few that go and get a driver's license, and they come out and they say , ''How do you like my picturer ' And I say, ''oh, that's a very nice picture, Em ily .'' And Em ily says, 'fYeah , I 'm only eighty-three on this one''F and they 're actually ninety . And I -- I just -- you know, because it's been going on and on and on, I mean r are we maklng these people felons o r -- what -- how does that affect ehat person?
PRESIDING OFFICER : (SENATOR DONAHUE) Senato r Dudycz.
Sena tor Farley , if that -- if that senio r citizen has been using whether any citizen has been using fraudulent or fictitious info rmation, whether it 's for a driver 's license or a card, the penalty would be the same under th is . don 't think that there 's a -- that there 's a p rosecuto r in the State that would be goinq after a senior citizen who may have made a judgment call or -- or forgot their birth date and gave their age as slightly different than it actually is. This is -- th is bill ls aimed at the -- at those who are using the identifications for 29 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17, 1997 illegal purposes .
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none -- Senator Dudycz? The question is , shall Senate B ill 452 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have a11 voted who wish? Have a1l voted who Wish? Have a1l voted who wlsh? Take the reco rd . On that questlon ' there are 56 Ayes , no Naysz none votlng Present. Senate Bill 452, having received the requtred constitutional majority, is declared passed. Senator Parker? Out of the record . Senato r Cullerton , on Sena ee Bill 4607 Out of the record . Senator Cullertonr on Senate Bill 465. Read the bill , Madam Secretary .
Senate Bill 465. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton .
Yes , thank you , Madam President r Members of the Senate . Th is bill was actually passed as an amendment last year. deals w ith tenancy by the entirety . We had passed tenancy by the entirety back in 1990 , which is a Way of hold ing title for married couples . There was a case that occurred out ln Dupage County where a person had a judgment entered against him for over three hundred thousand dollars and who was was married at the time, and after the judgment was entered: he then conveyed his property from -- joint tenancy to tenancy by the entirety and , in effect : had Ehe effect of working a fraud upon his creditors . So the purpose of th is bill ts designed to eorrect that and clarify that: when we passed that law r we -- we do want to if someone has their p roperty in tenancy by the entirety , to p rotect b0th partëes y but that if -- 30 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 r 1997 if you oWn your property in tenancy -- in joint tenancy and therefs a judgment agatnst you, that you can't then transfer your property to a tenancy by entirety and avoid paying your cred itors . Be happy to answer any questions and urge urge an Aye vote .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Sena tor Cronin .
Thank you, Madam President. A question of the sponsor, please .
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he dll yleld , Sena tor Cronin .
Senato r Cullerton, We don 't want to support a policy r o f course , that permits people to avold their creditors, although am somewhat sympathetic , if you look at some cf those cases on an individual basis . There seems to be a trend in the law righ t now where a lot of people are transferring over from joint tenaney to tenancy by the entirety for a lot of reasons that don 't necessarily include dodging credito rs . And I kind of thlnk tha t that ls a gocd thing to do - not dodge credltors , but to sw ltch from joint tenancy to tenancy of the entirety for a lot of the good reasons, and I -- be very hesitant to support th is if that would jeopardize that whole movement in the law.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton .
Thank you , Senator. -- I agree wiEh you . The -- the -- all property among married couples ideally should be held by tenancy by the entirety , and , of course, think most attorneys who practicè in the area are -- are encouraging their clients to do so . And when we passed tenancy by the entirety - it might have been Senator Barkhausen, I think , who was behind that - it was STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997 was a good thing. The problem was that this very : very odd result occurred out th is case out -- that I described , that occurred out in a -- in Glen Ellyn , actually , and most people were very surprised when the court took that position, because it 's in direct conflict w ith the Unifo rm F raudulent Transfer Act. And so it 's only a very limited situation r where after there 's literally a judgment entered against you, you can't transfer your property into -- from joint tenancy into tenancy by the entirety; you should do it beforehand .
PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Senator Eawell .
Thank you very much . I think I was the one that orig lnally entered a bill talking about tenancy -- tenan ts in the entirety because of several situations that I saw where husbands Were going in and, in fact, taking the equity out of a home without their -- thelr w ives ' knowledge and turning around then and -- and gettin: a dlvorce, and the wife would be left W ith this house that she thought perhaps had been mcstly paid fo r and found out it wasn 't . Is there some kay to -- to make sure, under this law , that -- that some unsuspecting Wife doesn 't get handed a -- a bill that she doesn't.know about, that all of a sudden, because it's in joint tenancyr this is golng to happen?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton .
Well, we're not changing the basic principle that tenancy by the entirety is available for couples , and We are saying that we encourage couples to have their property in joint -- in tenancy by the entirety . And as long as they do , that -- in you r example , that woman ls p rotected . What th is talks about is actually a Glen Ellyn case where the property was in joint tenancy, not tenancy by STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Leglslative Day March l7, 1997 the entirety; there was a judçment entered against the husband for cver three hundred thousand dollars; after thak judgement was entered, he then transferred the property from joint tenancy into tenancy by the entirety . And the problem is that , I guess , you know : she in the same circum stance, if this bl1l passes , that woman who was protected in that case wouldn 't be p rotected , but at the same time , flies in the face of the Fraudulent Unlform Fraudulent Transfer Act . And so what we dre saying is, if you meet the conditions of the Uniform Fraudulent Transfer Act, whlch are - - are very clear that this you have to actually intend to hinder, delay o r defraud a cred lkor, as long as -- as that Act is met, I think it 's a reasonable b ill.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Collins .
Yes, thank you . On that line, in the beginning , Sena tor Cullerton and I and I 'm sorry if didn 't hear in the beginning; I Was just sort of inkerrupted here 1et me try to give an example: there's a jolnt tenancy with husband and wife and the husband -- you 're going th rough 'the process of a -- of a divorce and *he divorce is nct final . The property hope you 're llstening to me. The property is not resolved at this po int. The husband qoes out, makes bills o r vice versa or the wife and decides tha t they 're not going to pay the bill . Let 's say after the total settlement , the property has been dissolved and everything , but the house usually the man -- the both parties ' name remaln on the property until the mortgage is paid . A re you saying by this bill that... PRESTDING OFFICER: (SENATOR DONAHUE) I Just a second , Senator Collins . Can we have some o rder so we can hear the discussion tha t 's go ing on? Take your conferences p ipe 'em down . We go t a long day . Go head , Senato r Collins . 33 STATE OF tLLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 r 1997
Let's say the judgment is entered against the person who made the debt and the property still is in joint tenancy and the divorce decree is not final. And let 's say now after it 's found - - everythlng has been d issolved but the mortgage -- let 's say the house Went to the husband , or the house went to tbe opposite party , even though their name still appear on the mortgage . A re you saying , by your bill , that the cred ito rs could still attach that home?
PRESIDING OFFICER : (SENATOR DONAHUE) Senato r Cullerton . SENA TOR CULLERTON ) No , that that situation is not affected by this bill. So in joint tenancy: the 1aW is not changed. A11 thts bill says is that that clrcunstancer after a judgment was entered and the property was in joint tenancy, they couldn't 9et out of paying that judgment by transferring it to tenancy by the entlrety after the judgement was entered. But in the fact situation that you gave, the property's in joint tenancy, the law is not changed .
PRESIDING OFFICER : (SENATOR DONAHUE) Further discusslon? Senator Collins .
Senato r, apparently you d idn 't hear me . understand that . What the the pa rt that I 'm concerned about y usually when the people transfer the tenancy in -- in an entlreky, it ls ko keep the credito rs from attaching the property , right? Am I not right? Okay . No , it 's p resent creditors r as well as future credltors, right? Something that you cve you fve -- it 's p resent and future . He sa id future , but it 's both . Okay . G ranted both , and I 'm saying the dissolution of marrlage is in the process , yet the husband goes out o r the w ife qoes cut - and 34 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 and I know a case where the husband went out and actually purchased -- made a 1ot of debt by the -- his future wife that he was in the process of ma rrying when the divorce became clear they had joint tenancy in property, and the credltors, even after the dissolution of marriage , wanted to attach the property . Now , I 'm asking you r what w l1l your bill do? And I think that 's What Senator Fawell 's po int was . What wl1l your bill do to impact upon that sltuation, pro or con?
PRESIDING OFFICER: (SENATOR DONAHUE) senator Cullerton .
Well , I unde rstand your question , the b ill does not affect that situation. If -- if the property is in joint tenancy, they can go after that -- that p roperty before th is bill and a fter thls bill passes . The only thing that this bill would do to your fact situakion to say that, after a judgment Was entered against that -- in your example , that husband r he couldn 't avoid paying his credito rs by then transferring the property into tenancy by the entirety . But if they transferred into tenancy by the entirety beforehand - before the judgement - they're covered, and they 're protected by the tenancy by the entirety law .
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Collins .
My -- my concern is # that property is awarded to the Wife in the property settlement, or the husband, and Ehey didn 't make the bill , why should the property be attached by the creditors? That 's my issue here .
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Cullerton .
Well, that's the current lawy and -- because that's how joint 35 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March l7, 1997 tenancy works, and this bill doesn 't change that. All T Would say is that this points out -- your example po tnts out why p roperty should be held in tenancy by the entirety by married couples . So it 's to p rotect the wcman in your example, and that 's what should happen now . But this b ill doesn 't -- doesn 't change the current Statutes with regard to joint tenancy and the abtlity to go after and attach that property .
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Geo-Karis.
W ill the sponsor yield fo r a question?
PRESIDTNG OFFTCER: (SENATOR DONAHUE) Indicates he dll yield , Senator Geo-Karis .
Perhaps if you could explain fo r a11 of us , supposing the -- the prcperty is held in joint tenancy and there is a judgment on it, how does it affect the joint tenancy?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton .
Senator, thls bill does not change the current 1aw with rega rd to that. What thls bill .says is that if there's a judgment against a joint tenant, that they cannot, after the judgment, transfer the property into tenancy by the entirety so as to avoid the judgment.
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Geo-Karis.
I understand that . What I $m trying to say to you , though r is supposing -- if you'll explaln that -- what is the significance. there's a judgment against a jolnt tenant -- a joint tenancy, do both joint tenanes have to pay the judgment? That's what -- 36 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day Ma rch 1997 this ls what has to be made clea r here . PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton . SENATOR CULLERTON : Yes , that's What I understand the current 1aW is ; that lf you hold it in joint tenancyr that if there's a judgment against one, it's a judgment against both. And that's Why We encourage married couples to put their p roperty in tenancy by the entirety . PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis . SENATOR GEO-KARIS : And your bill is in effect saying tha t if the property is in joint tenancy and one of the joint tenants wants to avoid paying a judgment, you'll qulckly transfer it to tenancy by the entireties. And you sre -- what your bill says is that would be fraudulent. Is that correct? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton . SENATOR CULLERTON : Yes . PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Cullerton , to close . SENATOR CULLERTON : Yes . I think this is a fair bill. I hope I 've answered the questions as best I can. was trying to listen to the questions as best I could and I hope I answered them , and I Would appreciate . an Aye vote . PRESIDING OFFICER: (SENATOR DONAHUE) The question is , shall Senate B ill 465 pass. Those in favor will vote Aye . Opposed y Nay . The votin: ls open . Have a1l voted who wish? Have a11 vo ted who wish? Have all voted Who w ish? Take STATE OF JLLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7r 1997 the record. On that question, there are 55 Ayes: no Nays, voting Present. Senate Bill 465, having received the required eonstitutional najority, is declared passed. Senator Burzynskir on Senate Bill 467 . Out of the reco rd . Senator Klemm . Out of the record . Senator Radogno . Out of the record . Senator Severns, on Senate Bill 484 . Read the bill y Madam Secretary .
Senate B ill 484. (Secretary reads title of bill) 3rd Read ing of the bill .
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Severns.
Thank you y Madam President, Members of the Senate . Thank you , Madam President, Members of the Senate . Senate Bill 484 cla rifies the original Research and Development Tax Credit Act tha t offered several years ago. It is not retroactive, but prospective , indicating that a11 business entities formed as -- as subchapter S corpo rations is business entities eligible for the R and D income tax credlt . It is prospective . Senator Peterson added an amendment khat clarified that business entities formed as limited liability companies are eltgible also for the -- for the enterprise zone qualified investment credit, the resea rch and development tax creditz and the training expense credit. There was no oppositlon ln conmittee . I1d be happy to ansWer any questions and would urge a favorable roll call . Thank you .
PRESIDING OFPICER : (SENATOR DONAHUE) Is there any discussion? Is there any diseussion? Seeing none , the question is , shall Senate Bl1l 484 pass. Those in favo r Will vote Aye. Opposedr Nay . The voting is open. Have a11 voted who W ish? Have all voted who Wish? Have all voted who W ish? Take the reco rd . On that question r there are 54 Ayes , no Nays , 38 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day Ma rch 17 r 1997 none voting Present. Senate Bi1l 484 , having received the requlred constitutional majority, is declared passed. Senator Madigan, on Senate B ill 490. Out of the record . Senator Geo-Karis, on Senate B111 496 . Read the bill, Madam Secretary .
Senate Bil1 496 . (Secretary reads title of bill) 3rd Read ing of the bill .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis .
Madam President and Ladies and Gentlemen of the Senate , Senate Bi1l 496 amends the Section of the 1aw rega rding the capacity of a mo torboat whlch is pulling a person on water skis. And cu rrent law states tha t no person may operate a motorboat which has in tow a person on skis unless the notorboat is occup ied by at least two conpetent persons. Th is bill slmply requires that the moto rboat have a capacity of at least three persons . And further, the bill also states that no person shall allow a person in a motorboat to ride or sit on the gunwales, tops of the seat backs, or on the deckin: over the bow or stern while the boat is pnderway, unless that person is inboard of the guards o r rails provided on the boat to p revent passengers from being lost overboard . And lastly r the b ill raises the age at Wh ich a livery may lease or rent a personal watercraft - a jet ski from twelve to sixteen years of age. m lgh: tell you that I got a clipping here from Senator Sieben fron the Quad City Times dated the 13th, I think it was, of -- the llth of March, saylng that jet skis are accidents waiting to happen and in -- IoWa has taken stronger neasures to do the same things we 're doing here . And I ask for a favorable vote .
PRESIDING OFPICER: (SENATOR DONAHUE) Further discussion? Senator Klemm . 39 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March 1997
Yes . W ill the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she 'll yield , Senator Klemm .
Senator Geo-Karis , during ou r hea rings that we had in Antioch and other locations tha t you chaired and tha t I Was a member of, one of the concerns I had about jumplng the Wake of a hundred and fifty feet was that , in the Fox R iverr there are places Where the river is not even a hundred and fifty feet wide . That would mean that nobody could ever pass each other, in a boat, that was on water skis . And I was wondering how we were addressing that in this bill now?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-:aris .
Sena to r Klemm , we took that Section out. We took it oue.
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Klemm . Further discussion? Further d iscussion? Seeing none, the quéstlon is# shall Senate Bill 496 pass. Those in favor w ill vo te Aye . Opposed , Nay . The voting is open . Have all voted who.wish ? Have a11 voted who wish? Have a11 voted Who Wish? Take the record . On that question, there are 56 Ayes z no Nays, none votin: Present. Senate Bill 496 , having received the required constitutional majority, is declared passed. Senator Madigan, on Senate Bill 497. Read the b ill, Madam Secretary .
Sena te Bill 497 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan . 40 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Leg islative Day March 1997
Thank you, Madam President , Members of the Senate . Senate Bill 497, as amended , does tWo things . It corrects a d rafting error in the original bill and restores the Realtors ' exemption unde r the Resldeneial Mortgage License Act, and the second ehing that Senate Bill 497 does is as amended r tlghtens up the current exempticn for people who may orig inate up to ten loans in any one year. This further clarifies and restricts the exemption for those people so that it wculd -- so that thcse people who would qualify under the exemption, number one , do not o riginate mortgage loans in the ord inary course of their business and , secondly , that they ma inta in a true business office o r location in the State of Illino isr and those exemptions would be limited up to ten loans in any one yea r. It's intçnded to strengthen the exemption in preparation for people who may be soliciting mortgage business on-line . I 'd be glad to answer any questions on Senate Bill 497, as amended . I'm not aware of any opposition to the bill as presented .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discusslon? Seelng none, the question is , shall Senate Bill 497 pass . Those in favor will vote Aye. Opposed, Nay. The votin: is open. Have all voted who kish? Have a1l vo ted who wish? Have a1l voted who Wish? Take the record . On tha t question, there are 54 Ayes, no Nays , none votinq Present . Senate Bill 497 , having received the required constitutianal majority, is declared passed. ' Senator Klenm, on Senate Bill 500. Read the billy Madam Secretary .
senate Bill 500 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) 41 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 , 1997 Senator Klemm .
Thank you, Madam Presfdent. Senate Bill 500 amends the Illinois Pu rchasing Act to provide for an lncrease in the minimum threshold for capital lmprovement projects where the project shall be subject to the supervision of a licensed archltect or engineer. This affects the small capital projects that is at the same minimum level as required by law for projects under the Americans wlth Disability Acts (sicl. This was brought to me by the community colleges . They support the billz and I know of no other opposition to the bill and I would ask for your support .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any d iscussion? Seeing none , the question is# shall Senate Bill 500 pass . Those in favo r w 11l vote Aye . Opposed , 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 that question , there are 55 Ayes , no Nays , none voting Present. Senate Bill 500, having recelved the required constitutional majorityr is declared passed. Senator Lauzen? Read the bill, Madam Secretary , on Senate Bill 508.
Senate Bill 508. (Secretary reads tltle of bill) 3rd Reading of the blll .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen .
Thank you , Madam President. This bill , Senate Bill 508 , imposes the responsibllity for the expenses incurred for an inmate 's inca rceration in the Department of Corrections on the crim inal . The Department is required to establlsh a rate based on the average per cap ita cost pe r day . Thls is an Attorney General 42 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7, 1997 bill, and the Attorney General is authorized to file claims in probate and bankruptcy courts to recover these costs of incarceration. This is the same -- thls is the same language that was inco rporated and favorably app roved in Public Act 89-428 . It passed out overwhelmingly with forty elght votes the last time it Was here ln the Senate .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Jacobs.
Thank you, Madam President . Would the sponsor yield fo r a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Ind lcates he 'll yield , Senator Jacobs .
Senator, the only concern I have with this -- -- think what you fre trying to do is very , very good . My only concern that do have : Is there -- if you have a married couple, as an example, is there any p rotectlon for the w ife and the rest of the fam ily for the assets that that person may have? Is that taken into considerationr or do we just take everything and -- and put these people 9n the welfare rolls? That Would be my only concern w ith the bill, and lf you could respond to that, I 'd certa lnly appreciate
PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Lauzen .
Thank you , Senator. think that that 's a very legitimate concern. It 's been addressed . This makes no changes to the pro tectlons that are currently in the law.
PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Senator Cronin .
43 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7, 1997 Thank you. I just wanted to ask Senator Lauzenz if the prisoner -- or after he gets found guilty and he's on his way to prison, he decides to put his estate into tenancy by the entirety, would he be able to avoid the judgment here?
PRESIDING OFFICER: (SENATOR DONAHUE) Is the re further discusslon? Further dlscussion? Senator Lauzen, to close .
would just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Question ise shall Senate Bill 508 pass. Those in favor will vote Aye. Opposed : Nay . The voting is open . Have al1 voted whc Wish? Have a11 voted Who w ish? Have voted who wish? Take the record . On that question, there are 56 Ayes, no Nays, none voting Present . Senate Bill 508 , having received the required constitutional majorityr is declared passed. Senator Shadid: on Senate B ill 509 . Senator Shad id? Senator Shadid? Out of the record . Senator Watson , on Senate Bill 522 . Out of the reco rd . Senator Watson, on Senate Bill 524. Out of the record . Senator Dudycz, on Senate B ill 528 . Out of the reco rd . Senato r C ronin , on Senate B i1l ... Senator Dudycz , on Senate Bill 528 . Read the bill, Madam Secretary.
Sena te Bill 528 . (Secretary reads title of bill) 3rd Read ing of the b ill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.
Thank you , Madam President. Senate B ill 528 amends the Metropolitan Water Reclamation Dtstrict Act to allow the board of commissione rs to authorize transêe r within the Agency -- Within 44 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 , 1997 depa rtments in the Agency after March 1 of a fiscal year, rather than currently a fte r June 30th o f the fiscal year . This bill would allow the district to respond more efftciently for their fiscal realities that they are being faced with .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none r the question is, shall Senate Bill 528 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have a ll voted who wish? Have al1 voted who W ish? Have a11 voted who Wish? Take the record . On that question, there are 54 Ayes , no Nays , none voting Present . Senate Bill 528, having received the required constitutional majority, is declared passed. Senator C ronin, on Senate Bill 529 . Out of the record . Senator Walsh , on Senate B ill 537. Read the bill, Madam Secretary .
Senate Bill 537 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Walsh .
Thank you , Madam President. Senate Bill 537 requires additional information from o rganlzatlons seeking to be qualified to receive payroll deductions . Such an organization must certify to the Comptroller that it maintains a yea r-round office , phone number and a person responsible for its operations in Illino is . The -- the organization nust also subm it to the Comptroller an annual audit. And I 1d be happy to answer any questions .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any d iscussion? Is there any discusslon? Seeing none, the question isy shall Senate Bill 537 pass. Those in favor will vote Aye . Opposed y Nay . The voting is open. Have all voted 45 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Mareh l7 r 1997 ' who wish? Have all voked Who wish? Have all vo ted who wlsh? Take the record . On that question , there are 56 Ayes , no Nays, none voting Presene. Senate Bill 537, having received the required constitutional majority, is declared passed. Senator Karpiel, on Senate Bill 545. Out of the record Senator Dillard r on Senate B ill 547 . Out of the record . Senator O 'Malley r on Senate Bill 548 . Read the bill , Madam Secretary .
Senate Bill 548. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Malley .
Thank you , Madam Presidenty Menbers of the -- of the Senate . Senate Bill 548 authorizes Secretary of State to issue license plates for presidents of a village o r incorpo rated town , or mayor . The design of the plates is wholly within the discrekion of the Secretary . An applicant would also be charged a fifteen-dollar fee in add ttion to the usual registration fee to offset adm inistrative processing expenses in the Secretary of State 's O ffice . I'd be happy to answer any questions there would be . I also Want to make sure that everybody understands however , th ls is purely discretiona ry and totally wlthin the authorlty of the Secretary of State 's Office to implement . It is not mandatory .
PRESIDING OFFICZR: (SENATOR DONAHUE) Senate -- or, further discussion? Senator Demuzio .
Senator O 'Malley , is it true that if Senator Shaw gets elected he dll be HMayor 1'' on his license plate? Is this bill for Senato r Shaw or what?
PRESIDING OFFICER: (SENATOR DONAHUE) 46 l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislatlve Day March l7, 1997 Senator O 'Malley .
No # it is not intended for Senator Shaw y but I think he 's interested in the issue.
PRESIDING OFFICER: (SENATOR DONAHUE) Furtber discussion? Senator Viverito .
. . . of this b ill because I think it 's a good one by the Senator. There 's an awful 1ot of mayors and presidents out there that have emergency-type situations that they go to and a lot of times they don 't recognize the car by the -- the license plate , and this one will -- will be able to give them a lot mo re respect in an emergency-type situation . And I think that Senator O 'Malley p robably should have also included the townsh ip supervisors as well, but I hope everyone will vote green on this one .
PRESIDING OFFICER: (SENATOR DONAHUE) Purther discussion? Senator Farley . Just a second . Senator Farley .
A question -- question of the sponsor, Madam President.
PRESIDING OFFICER : (SENATOR DONAHUE) Indicates he 'll yield r Senator Farley .
Is this license plate going to have a special front plaque o r a number? What -- what -- Senator V lverito referred to some kind of emergency situation .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Ma11ey .
Senato r Farley , I think ehat 's a good suggestion khat you dre making r that that 's a possibility r and I think that the Secretary 's going to come up and to tally implement this program in STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leglslative Day March l7, 1997 any way he decides would be appropriate under the circumstances. PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Senator Demuzloy for a second time . SENATOR DEMUZIO : Well, thank you, Madam President. First of all, I Want to declare that I may probably have a conflict of interest on this bill . My son 's the Mayor of Ca rlinville . But I intend to vote in the affirmative . PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Sena tor O 'Malley , to close . SENATOR O 'MALLEY : I -- just that I would appreciate your support for this legislation . Thank you . PRESIDING OFFICER: (SENATOR DONAHUE) The questlon is : shall Senate Bill 548 pass . Those in favcr w ill vote Aye . Opposed , Nay . The voting is open . Have a1l voted who wish? Have al1 voted who wish? Have a11 vo ted whc w ish? Have a1l voted who w ish? Take the record . On that question , there are 49 Ayes, 5 Nays , no voting Present . Senate Bill 548 , having received the required constitutional majority, is declared passed. ' Senator Parkery on Senate B1ll 550. Read the billr Madam Secretary. ACT ING SECRETARY HAWKER : Senate Bill 550. (Secretary reads title of bill) 3rd Read ing of the bill. PRESIDING OFFICER : (SENATOR DONAHUE) Senator Parker. SENATOR PARKER : Thank you , Madam President, Ladies and Gentlemen of the Senate . Senate Bill 550 p rovides a new provlsion to the Criminal . Code that would mandate firearms tracing fo r all firea rms 48 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March l7, 1997 recovered from a n inor under tventy-one years of age who is no t perm itted by federal or State law to possess firearms . This passed out of Judic iary on the Agreed B11l List. Would ask for a favorable vote and answer any questions .
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senato r Obama .
I wculd just rise in support of this -- this excellent bill. The City of Boston, as I understand it y has lnstituted this simllar tracing provision and has resulted ln -- been part of a strategy that's resulted ln almost no juvenile homicides in that city over the last year. So I would strongly urge a Yes vote .
PRESIDING OFFICER: (SENATOR DONAHUE) Any further discusslon? Further discussion? Seelng none r Senator Parker, to close? Senator Parker.
I just ask for a Xes vote. Thank you.
PRESIDING OFFICER : (SENATOR ,DONAHUE) Questlon is, shall Senate Bill 550 pass. Those in favor will vote Aye . Opposed , Nay . The voting is open. Have a11 voted who w ish? Have voted who wish? Have all vo ted Who Wish? Take the record . On that question, there are Ayes, no Nays, none voting Present. Senate Bill 550 , havlng received the required constitutional majority, is declared passed. Senator Cronin, on Senate B ill Out of the record . Senator Peterson, on Senate Bill 558 . Out of the record . Senator O 'Malkey , on Senate Bill 560 . Oue of the reco rd . Senato r O 'Malley , on Senate Bill 561 . Read the bill, Madam Secretary .
Senate Bi11 561 . (Secretary reads title of bill) 49 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997 3rd Read ing of ehe bill .
PRESIDING OFFICER : (SENATOR DONAHUE) Senatcr O 'Malley .
Thank you z Madam President, Members of the Sena te . Senate Bill 561 requtres the Human Resource Investment Council to recommend a comprehenslve set of workfo rce preparation and development goals and implementation strategies for the development and coo rdination cf -- coord ination of the human resource system to the General Assembly and the Governor, rather than to adopt such goals and strategies . In effect, th is makes possible for the General Assembly to have some oversight with respect to the recommendations coming from this Council, lncluding its investment strategy . I 'd be happy to answer any questions there may be .
PRESIDING OFFICER : (SENATOR DONAHUE) Is there any dlscussion? Seeing none, the question is , shall Senate Bill 56l pass . Those in favor w ill vote Aye . Opposed , Nay . The vo ting is open . Have a11 voted Who W ish? Have al1 voted who wish? Have a11 voted who wish? Take the record . On that question, there are 55 Ayes, no Nays, none votinç Present . senate Btll 561 , having received the requ ired constitu tional majority, is declared passed. Senator Watson, on Senate Bill 568. Out of the record . Senator Watson , on Senate B ill 569 . Read the bill r Madam Secretary .
Senate B ill 569 . (Secretary reads tttle of b11l) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR DONAHUE) Senato r Watson . SENATOR WATSON I 50 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legisla tive Day March 17, 1997 Yes, thank you, Madam President. This piece of legislation would require ehe Staee Board of Education to provide or arrange to have education educators liability insurance coverage in certain specific amounts to every certified schocl employee that requests Only those who would request it would -- would be made available of this insurance . It would be a one-m illion-dollar per person per occurrenee y not including any civil rights issues or claims ; two-hundred-and-fifty-thousand dollar per person -- it 's a norma l liability coverage that most teachers have . And this would cost -- an estimate cost , if everybody took advantage of this, would be somewhere between -- roughly around three m illion dollars . Be glad to answer any questions . There was no opposition in comm ittee : and appreciate the vote of the Senate .
PRESIDING OFFICER: (SENATOR DONAHUE) Is ehere any discussion? Is the re any d iscussion? Seeing noner the question is, shall Senate Bill 569 pass. Those in favor w ill vote Aye. Opposed , Nay . The voting is open . Have al1 voted who wish? Have a11 voted who Wish? Have a11 voted who wish? Take the reeord . On that question r there are 50 Ayes, 4 Nays, none voting Present. Senate Bill 569, having received the required constitutional majority, is declared passed. Senator Karp iel, on Senate Bill 570 . Out a f the record . Senator Obama r on Senate Bill 574 . Out of the record . Senator Butler, on Senate Bt1l 591 . Read the b ill, Madam Secretary.
Senate Bi11 591 . (Secretary reads title of b1ll) 3rd Reading of the bill.
PRESIDINC OFFICER: (SENATOR DONAHUE) Senator Butler.
Thank you , Madam President . Ladies and Gentlemen, Senate Bill STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch 1997 591 answers the age-old question : When is an insurance company an insurance company? There are Statutes on the books in Illinois that -- e that state that the State has power to regulate lnsurance companies , and the re a re some local communities who impose taxes beyond what the State conside rs to be their -- their authority . In other Words , you 're -- have -- if you write homeowners insurance and automob ile insurance, et cetera , this is a function of the State , yet some ...
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler: just a second. Can we take our conferences off the Floo r? Senators, be in your seat. We dre on 3rd Reading . Senator Butler.
Thank you . In other words , When ls an insurance company -- an insurance company , and certa inly , my mlnd , a title insurance underw riter is certa inly -- should be classified as an insu rance company . The languaçe ln this bill simply clarifies what we believe to be the existlng law ; that is r that municipalities do not have the ab ility to levy taxes or fees on title insurance -- insurers . And I Would be happy to answer any questions . END OF TAPE TAPE 2
PRESIDING OFPICER: (SENATOR DONAHUE) Is there any d iscussion? Senato r Geo-Ka ris.
Madam Presidenty Ladies and Gentlemen of the Senate, T rise in favor of this bill because a title company title insurance does 52 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7, 1997 insure titles and I 'n all for 1t .
PRESIDING OFFICER : (SENATOR DONAHUE) Is there further discussion? Senator Ca rroll.
Thank thank you , Madam President . First a parliamentary inquiry . Is th is a preemption bill?
PRESIDIRG OFFICER: (SENATOR DONAHUE) And the ruling of the Chair is this bill does -- is -- preempts home rule pursuant to subsection (g) of Section 6 of A rticle VII of the Illinois Constitution , and it shall requlre thirty-six votes for passage . Sena tor Carroll .
Thank you for your very informed , off-the-cuff response .
PRESIDING OFFICER : (SENATOR DONAHUE) Further...
No , no . Also , to the bill itself...
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Carroll .
. . . and I know I asked this in -- in comm ittee as well , but it is my understanding that -- that these types of -- of insurance companies, title insurance companiesr are taxed very differently than either domicile , domestic lnsurance ccmpanies or other types and , therefore, eliminatlng this municlpal tax is very d ifferent than what happens in the rest of the insurance industry. The a rgumenty as I hea rd it from the title company , was Htreat us thP same'', but then they said, Hbut just don't treat us this way.'' But they 're not really being trea ted the same because of the way in which the insurance industry is regulating lt based on premium dollars produced and -- and a whole bunch of other facto rs . So I think that that was -- that that the treatment that ex ists 53 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch 1997 under current law is the co rrect treatment .
PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Senator Walsh? Further discussion? Senator Butler r to close .
Thank you very much. Ladies and Gentlemen: ask for your favorable vote .
PRESIDING OFPICER: (SENATOR DONAHUE) Question is, shall Senate Bill 59l pass. Those in favor wlll vote Aye . Opposed , Nay . The voting ls open . Have all voted who wish? Have a11 voted Who wish? Have vo ted Who wish? Take the record . On that question , there are 42 Ayes r Nays , 4 voting Present . Senate Bill 591 , having received the required constitutional majorlty, is declared passed. Senator Peterson, on Senate Bill 592 . Read the bill , Madam Secretary .
Senate Bill 592. (Secretary reads eitle of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Peterson.
Thank ycu , Madam President, Members of the Sena te . Under current law, businesses with multistate locations determ ine corporate income subject to Illinois taxes by uslng a four-factor apportionment formula: personnel, payroll, and sales' double-welghted . Senate Bill 592 eliminates that formula and instead provides that income shall be apportioned to Illinols by mulElplying the income by the sales factor . Appreciate affirma tive vote on Senate Bill 592.
PRESIDING OEPICER: (SENATOR DONAHUE) Is there any discussion? Senator Severns . 54 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 17 , 1997
Thank your Madan President, Members of the Senate. I joln Senator Peterson in urging a favorable roll call . I think this is a bold and necessary initiative that will help take us into the next millennium and hopefully help provide those jobs and incentives for our companies Illinois companies - to regain their competitive edge. I would urge a favorable vote .
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further dtscussion? Seeing none , the question is , shall Senate Bill 592 pass . Those in favor W ill vote Aye. Opposed, Nay. The voting ls gpen. Have all voted who wish? Have all voted Who wish? Have you a1l voted Who wish? Take the record . On tha t questionr there are 55 Ayesr no Nays, none voting Present. Senate Bill 592, having received the required constitutional majorityy is declared passed. Senator Peterson, on Senate Bill 593. Out of the reco rd . Senator Butler, on Senate Bill 594 . Do you Wish to have this bill returned to 2nd Reading for the purposes of an amendment? Hearing no objection -- Senator Butler seeks leave of the Body to return Sena te Bill 594 to the Order of 2nd Reading for the purposes of an amendment . Hearing no objection, leave is granted. And on the Order of 2nd Reading Senate Bill 594 . Read the billy Madam Secretary . Oh ! A re there ' any Floo r amendments app roved for consideration?
Amendment No . 2, offered by Senator Butler.
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Butler.
Yes . Thank you very nuch . We -- We 've discovered a drafting error and T ask that this be pulled back so we can correct
PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none , a1l 55 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17, 1997 those in favo r, say Aye . Oppcsed : Nay . The Ayes have it , and the amendment is adopted. Are there any further amendments approved for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR DONARUE) 3rd Reading . Senator del Valle , on Senate Bill 595. Read the b ill, Madam Secretary .
Senate B ill 595 . (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER : (SENATOR DONAHUE) Senator del Va lle . SENATOR dEL VALLE : Thank you, Madam President . Senate Bill requires app raisers to operate in complianee with the federal Fair Housin: Law and the Illinois Human R ights Act and requires the Comm issioner of Banks and Real Estate to , by rule r establish mlnimum study requirements in fair housin: and falr lendlng for initial licensin: and for continuing education.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none , the questton is , shall Senate Bill -- 595 pass . Those in favor will vote Aye . Opposed , Nay . The votlng open . Have a11 voted who wish? Have all voted who Wish? Have all voted Who wish? Take the record . On that question, there a re 56 Ayes, no Nays , none voting Present . Senate Bill 595 , having received the required constitutional majority, is declared passed. Do have leave of the Body to come back to Senate Bill 599? Leave is granted . Senator Watson, on Senate Bill 603. Read the bill, Madam Secretary . 56 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 : 1997
Senate Bill 603. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Watson.
Yes z thank you, Madam President . This is truly a vehicle , and as mcst of you may know , there 's some eight different Practice Acts that are up for sunset during th ls particular po int ln time , and we wanted a vehicle just available to us -- tf We run into some problems .
PRESIDING OFFICER: (SENATOR DONARUE) Is there any discusslon? Is there any discussion? Seelng none , the question is r shall Senate Bill 603 pass . Those in favo r w1l1 vote Aye . Opposed , Nay . The voting 's open . Have a11 voted Who wish? Have al1 voted who Wish? Have a11 voted Who Wish? Take the record . On that question e there are 54 Ayes, no Nays , none voting Present . Excuse me . 54 Ayes, no Nays, voting Present . Senate Bill 603 , having received the required constitutional najority, is declared passed. Senator Madigan. Out of the reco rd . Senator Lauzen . Senate Bill 618. Read the bill, Madam Secretary .
Senate Bill 618. (Secretary reads title of bill) 3rd Read ing of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen .
Thank you, Madam President. Senate Bill 6l8 amends the Use Tax Acts -- Act and Retailers ' Occupation Tax Act. It provides 57 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 17 r 1997 that the sale of nonreusable tangible pe rsonal property used in dellvering , packaging or consum ing food ko persons operating a restaurant, cafeteria or drive-in and is transferred by the restaurant, et cetera , as part of the sale of food , food products and beverage is not a sale at retail but is a sale for resale r fo r purposes of the Acts . This is an ag reement between the Illinols Retail Merchants Association and the Depa rtment of Revenue .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is the re any discussion? Seeing none , the question is , shall Senate Bill 618 pass . Those in favor will vote Aye . Opposed , Nay . The vcting is open . Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the reeord . On that question, there are 56 Ayes, nc Nays, none voting Present . Senate B ill 618, having received the required constitutional majority, is declared passed. Senator Demuzio, 626 . Out of the record . Senator Rauschenberger, on Sena te Bill 648. Read the blll, Madam Secretary .
Senate Bill 648 . (Secretary reads title of b11l) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.
Thank you, Mr. (sic) Presidentr Ladies and Gentlemen of the Senate . Senate Bi11 648 specifically includes optometrlc care as a -- under the managed care program of the -- of Medicaid . When We -- as We developed the Medicaid Program over time , optometrlsts were not included , but access issues downstate and in many areas in Chicago I think make recommended that we add optometrisEs speciflcally to those able to provide direct care under the Act.
PRESIDING OFFICER: (SENATOR DONAHUE) 58 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March 1997 Is there any discussion? Is there any discussion? Seeing nonez the question is , shall Senate Bill 648 pass. Those in favor will vote Aye. Opposed y Nay . The voting ls open. Have all voted who wish? Have a11 vo ted who w ish? Have a11 voted who Wish? Take the reeord . On that question, there are 56 Ayes , no Nays , none voting Present. Senate Bill 648 , having received the required constitutional najority, is declared passed. Senator Lauzen r on Senate Bill 657 . Read the btll, Madam Secretary .
Sena te Bill 657 . (Secretary reads eitle of bill) 3rd Readlng of the bill .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen .
Thank you y Madam President. Senate Bill 657 glves Lottery winners a choice to either receive lump sum award or an annuity , which is the current situation. How this Would work is that the - - a thirty pa rty , like a financial institution, would provlde an up-front payment in exchange for the annuity that the current prize is. There were -- there were several objections that were discussed in conmittee and -- before it was successfully reported out. Those are -- that thls would represent ccnstructive recelpt ; however, there 's a Colo rado ruling that I 'd be happy to share if it 's of tnterest to the Body . Fourteen other states already allow thisr and then in twenty years of my experience as a CPA and filling out four hundred and fifty tax returns a yea r, I believe that is not constructive receipt . The second concern was that there would be no protection fo r people who Would make these assignments , and yet , in the bill, there are five stipulations that it would requlre a winner to have independent legal counsel and have the opportunity to receive independent financlal 59 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 advice . A court must app rove the dealings . It gives the winner three days ' window to rescind *he deal. Requires al1 importane information regarding the sale be clearly disclosed in the contract, and specifies tha t the IRS or courts were to conclude constructtve receipt, then th is Statute would be suspended . And then , finally, this passed the -- Senate Revenue and the whole Senate in 1995. So we voted on it and passed it out in the past .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusslon? Sena tor Berman .
Thank you , Madam President . Wculd the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he 'll yield , Senator Berman .
There have been discussions With people tha t are interested in this bill about an amendment that would requlre an IRS ruling tha t Would affect Illinois before this bill Was submitted to us fo r -- fo r 3rd Read ing . thought this Was go ing to be held for tha t amendment. Is -- am I mislnfo rmed?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen .
Senator , you may not be misinformed , but no one has mentloned that to me . No one .
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Berman .
Well, 1et me explain to you What my objection is to the Way the bill is p resently presented to us . The bill that we passed two years ago , I believed , and the bill that We 've been talking about today would requtre the IRS - the Internal Revenue Service to 60 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997 issue a ruling that would no t make the winner of the Lottery who d1d not wish to assign their p rize , it wculd -- it Would -- their ruling would say that that person would not be liable for the taxes . In other words, there would not be constructive receipt. W ithout that kind o f a p rovision in this bill , if we pass a laW that says that it -- that the winner can assign the Lottery p rlze for a cash amount, under existlng law that Would to rpedo the State Lottery because the IRS would construe every W inner as having the option to get a cash value immediately upon the Win . Nobody would buy the State Lottery anymore . The reason that We and I thought had an agreement w ith the peaple that are interested in this bill that we would amend th is to say that you want to assign it, you get cash y ycu pay the taxes ; if you don 't want to assign 1tr you don 't have constructive receipt and you Won 't be liable for the taxes. That provision is not in this bill, and I would respectfully suggest that we -- you know , don 't want to kill the bill, but it -- but that condition is necessary to be in this b ill; otherw ise , no one is going to be buying the Lottery because they wl1l face -- if I won a twenty-milllon-dollar prize that pays me a million dolla rs fo r the next twenty years, the day after I win Uncle Sam will be knocking on my doo r: say , ''Berman , you owe us six million do llars, th irty percent of the twenty m illion.'' Because you can assign it . It 's up to me , Berman, to asslgn it. Without that kind cf a provision , this b ill is going to torpedo the State Lottery . urge you to take it out of the record or 1 'm go ing to vote No , and solic it everybody else to vote No until we get that corrected .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.
You know , I appreciate your concern , although , you know y naturally I would have app reciated , rather than at the last 61 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7# 1997 moment, someone suggesting . But to deal with the issue of constructive receipt, againy there would be three responses to that r and , frankly , this not a matter of constructive receipt at all . In the case that you mention about an annulty being paid r the only way that a person -- well, first of all, the only way that -- flrst of all, we al1 pay taxes on income that we receive . The fact that a person receives income spread over tWenty years, when they receive the income , they -- that 's When they pay their tax. Howevery in the case of constructive receipt, person had an option, in orde r for what you 're saying to actually take place r you have to be able to establish the amount of income , and w ithoue exercising the assignment, in order to figure ehe eax, which is the income times, you know , the tax rate, you don 't have an amount that can be determined . And as you 're probably awa re , constructive receipt cannot be established without having the amount of the income determ inable . And , again , Would like to emphasize , for the Body as a wholer that there are fourteen other states that do that, that already have this provision , and there 's a letter ruling from Colorado , and in addition, there 's a final safeguard that if -- Senator Berman y if your posltion would turn out to be right, then this laW would be invalidated . PRESIDING OFF' ICER: (SENATOR MAITLAND) Senator Berman .
Thank you . If I 'm right, the 1aw ls not invalidated , Senator Lauzen . You 'd have a law on the books that would allow assignment, and the IRS would come in and say because prizewinner Berman has the righ t to assign - the right - no t tha t I did it the rlght to assign my prize for cash , and they can come in and show what the present cash value is of that hypothetical twenty m illion dollars over twenty years - that may have a present value - p ick a number - six million dollars - they Will tax me on that 62 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7, 1997 six m illion dollars. And what other states have done , Colorado went to the IRS before they passed this b ill and got a ruling from the IRS. That was a precond ition to that step by Colorado . That 's not built into this law . And What you dre going to do without that klnd of a provlslon is to undercut a1l of the Winners of the State Lottery . The question of how much , that 's easily determ lned . If ny next-doo r neighbor won the same prize a month ago and sold it for six million dollars, that 's what the IRS is going to say tha t I could sell it for. And I've just got to tell you that, Without that conditlon in the re , you dre undercutting the entire p rocess of the State Lottery .
PRESIDING OFFICER : (SENATOR MAITLAND) Further discussion? Senator Dillard .
Thank you, Mr. President. W1ll the sp6nsor yield for a question?
PRESIDING OFFICER: (SENATOR MAITLAND) Ind icates he W11l y ield , Senato r Dillard .
Senator Lauien, in our lengthy analysis on our computer on the desk , I 'm sort of unclear, but I think they m ight be opposed . But what 's the offlclal position of the Illinois Department of Lottery on your b111?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen .
They bre opposed . As they state in their one-page positicn paper, they cla im that Senate Bill 657 could change the public 's focus from the annulty prize amount to the cash value , Which ls forty to fifty percent less than the annuity prize amount. This could result in lower player participatlon and decrease the level of transfers that are being deposited in the Common School Fund , 63 I STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 z 1997 as competing states will offer larger prizes .
PRESIDING OFFICER : (SENATOR MATTLAND) Sena tor Dillard .
If the sponsor w lll yield for one more question . So r Senator Lauzen , what 's your answer to the claim of the Lo ttery Department tha t th is r in fact, could result in fewer Lottery sales , Which means less income to the Common School Fund?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen .
Well, my answer to that is twofold . Number one : I think that Senator Walt Dudycz, during the debate in comm ittee , sa id , you know , if we bave a problem in truth in advertising , that when We clatm that we have ten-million-dollar prize but it 's really the present value of that future stream is 5.8 nillion o r 5.9 million, wha t we should be concerned With is establishing what the correct amount is, as opposed to protecting something that m ight be a myth . Secondly , as we 're a11 aware r the Loteery does not go to the Common ' School Fund , or if it does go , the effect o f that is that it's just removed out of the General Revenue Fund. So when people elaim . as this sheet from the Lottery claims , thak the Lottery goes to educatlon , I Would think that a11 of us Who have followed how that appropriation Works knows that it does not 9o to education , in net effect.
PRESIDING OFFICER: (SENATOR MAITLAND) Further d tscussion? Senato r Collins .
Thank you , M r. President and Members of the Senate . And 1et me just reconfirm what the -- the previous two speakers have already said . Senator, the -- the Lottery officials are absolutely opposed to this bill, and it was not just on the basis 64 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 : 1997 that it may lose some of the piayers because of the -- the actual amount of the -- the winnings would be probably forty to fifty percent less that the posslbility of a drop-off in players . They also was concerned and they came to two sepa rate hearings on the same issue in reference to the constructive receipt. They feel that the way this bill is drafted, just as Senator Berman arttculated, that -- that they -- it would be subject to taxes, not only the current winners but maybe even a possibility of former winners, and most certainly future winners, and that that kould pose a serious problem . Fu rther, think this -- this -- this partleular bill is samething geared toward just big business. This is an oppo rtunity fo r buslness to ho rn in on the -- the winnings of -- and take advantage o f some people who 've probably once in a lifetime and p robably never even imagined that they would come into some kind of noney like this , windfall like thls r and this is an opportunity for people to take advantage of them . think that we should leave Illinois Lottery alone . There are already some concerns about gambling in Illinois , the p roliferation of that gambling : the impact on the Lottery . We should leave it alone right ncw . Maybe other states have given this opportunity to their winners , but as Senator Berman have said , it has been structured in a way that it would not ha rm those winners in any kind o f Way . The Lottery people , -- they have looked at this issue , they have researched the issue , as it relates to constructive receipts. They have tried to get the sponsor to understand i*' that it does app ly the way th is -- th is bill is drafted. He keep moving forward. recognizing that Will or possibly will hurt the Lottery in Illinois not only the Lottery, but the people who have been struggling to win. think we should elther take this bill out of the reeo rd until at such time we have mo re informa tion about the real impact of and not move fo rward . This is about business . This is not about 65 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch l7r 1997 revenue for Illinois and for education and for the citizens of th is State . think this is a bad idea and -- at the w rong time .
PRESIDING OFFICER: (SENATOR MAITLAND) Ladies and Gentlemen , please give the sponsor the courtesy of your attention, would you please? Senato r Mclaro .
Thank you . Will the sponsor yield?
PRESIDTNG OFFICER: (SENATOR MAITLAND) Ind icates he wtl1 y leld, Senatcr Mola ro .
Thank youy M r. Presldent . Well, ta lked to Department of Lo ttery and they said they d id scme studies on what they thought thts would do . Okay . We 're taking -- or : at least your bill takes an opposite view of their viewpo int, so therefo re I 'd ltke to knoy what studies may have been done by the sponsors of this bll1 to show that, in fact, will no t hurt Lottery sales .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen .
Would say that we can look to -- it depends on what issue . think that the real concern tha t the Lottery has is that righ t now what we have in the Lottery when we advertise a ten-million-dollar prize is something that ls very different. I think that this is an opportunity to let winners choose Whether they want to receive a lump sum payment - that does not affeet the Lottery - o r the stream of payments over the twenty years . PRESIDINC OFFICER: (SENATOR MAITLAND) Sena tor Molaro . SENATOR MOLARO : Thank you. Then just to the bill: You know, don't know why we tre micromanaging gaming r but Senato r Lauzen may become a spokesman an çaming sometime in the future , and he can micromanage 66 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 1997 it al1 day long. However, 1et me just say this: Would make sense to me that if ehe Deparement of the Lottery - and their job is to make sure we get the best bang for ou r buck - comes up and spends all th is time , and they happen to be aqa inst it. So , what We dre sayinq ks r we kant to make sure that we take care of the winners. So would just think that if it's going to cost the State of Illinois and the Lottery and education Wherever the dollar goes - and lt costs us money and add tha t to the expense, because I assume the only reason you 're doing this is make better for the winner, Well, jeez, they won already. We can't give them a double Lottery hit. They won already . If it's golng to hurt the Lottery , think that the people who run the Lottery have a better handle on what 's best for the Lo tte ry than we do , unless there 's some studies you could show me , Which you can 't , so would urge a No vote .
PRESIDING OFFICER: (SENAQOR MAITLAND) Purther discussion? Senator Dudycz .
Thank you , M r. President . I 'm a little confused by some of the rhetoric going on in this Chamber on this bill . What are we talking about here , Senator Lauzen? Whose money are we talking about? Are we talking about the State money , are we talkin: about the -- tbe Lottery 's money, or the -- the Winners ' money? PRESIDING OFFICERI (SENATOR MAITLAND) Is that a question, Senato r Dudycz? Senator Lauzen .
We 're talkin: about the Winners ' money .
PRESIDING OFFECER: (SENATOR MAITLAND) Senato r Dudycz .
Then don 't understand *he opposition to the blll . When -- When I 'm watching television or listening to the radio , the 67 STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March 17 , 1997 Lottery advertises ten million do lla rs to a single winner, five mtllion dollars to a slngle winner. They don 't say four hundred thirty-three thousand dollars to a single vinner over a period of twenty -- twenty years , less taxes and other fees . They ta lk about a lump sum . Now , if you 're going to be -- what about truth advertisins? If we're going to be advertising the truth to the people of the State of Illinois that we are -- that we are giving them m illions of dollars as Lottery w innings, why don 't we give them the option of choosing Whether they want it in a lump sum or - - or given out over the twenty-year period? And if the Lottery has a problem w ith thts blll: then why don 't they sta rt advertising the truth? Why don 'e they tell the people in ehe State of Illinois, ''You 're not go tng to win ten millton dollars ; you're going to win X amount of dolla rs over the period o f twenty years''? And let 's -- let 's stop this deception of the public . Otherwise , vote for the bill, let the people who W in the money , the ones who are -- are gambling , who are betting on the Lottery , 1et them -- 1et them dec ide What they want to do Wlth their money .
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Lauzen , to close .
Thank you very much . First of all, this is a very good bill. This is a good concept and it deserves your support . As Senator Dudycz says , this is really an issue of truth in the Lottery . think that we should give the people who Win the choice of Whether they receive the lump sum or the stream of payments . On the issue of constructive receipt, again, I've been doing thls, feeding my fanily for twenty years; constructive receipt's a pretty regular kind of issue we deal with every day as accountants . But even if you didn 't take my word for it , T would say eo look in the -- between lines 164 , 170 , for reassurance in the bill thatr quote , ''Upon receipt of a letter or ruling from the IRS or a published 68 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR JPT 24th Leg islative Day March l7 y 1997 decision of a court of competent jurisdiction...the Director shall immed iately file a copy of that 1etter ....'' et cetera . Imnediately upon the filing of that lettery a prizewinner shall be lnelig ible to assiqn the prize pursuant to this Section . So even if it 's true that constructtve receipt takes place, then that would invalidate this laW . So the assurance is already in th is legislation. We should have nothing to fear by having truth in the Lottery. Thank you .
PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Senate B ill 657 pass. Those in favor w ill vote Aye . Opposed , Nay . The voting is open . Have a11 voted who Wish? Have all voted who wish? Have al1 voted who wlsh? Take the record , Madam Secretary . On that question , there are 26 Ayes, 28 Nays , no Members voting Present . Senate Bill 657 , having not received the required eonstitutional majority, is declared failed . Senator Lauzen.
Would you put that on Postponed Consideration , please?
PRESIDING OFFICER: (SENATOR MAITLAND) Postponed Consideration. Senaàe Bill 675. Senator Dillard. senate Bill 678. Senator O'Malley. Senate Bill 679. Sepator O 'Malley . Sena te Bill 680.' Senator O 'Malley . Senate B ill 682. Senator Walsh . Senate Bill 684 . Senator Walsh . Read the bill, Madam Secretary . ACT ING SECRETARY HAWRER : Senate Bill 684. (Secretary reads title of bill) 3rd Readinq of the bill . PRESIDING OFPICER: (SENATOR MAITLAND) Senator Walsh . SENATOR WALSH : Thank you r M r . President . Senate Bill 684 moves the Public 69 STATE OF ILLINO IS 90TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch 1997 Assistance Recoveries Trust Fund from outside the State Treasury to a speclal fund within the State Treasury subject to appropriation from the fund to the Department of Public Ald. I ask for a favorable roll call .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is , shall Senate Bill 684 pass . Those in favor will vote Aye . Opposed , Nay . The votin: is open . Have a11 voted who kish? Have a1l voted who wish? Have a11 voted who wish? Take the record , Madam Secretary . On that question, there are 56 Ayes, no Nays, no Members voting Present. Senate Bill 684, havlng received the required constitutional majority, is declared passed. Senate B ill 689 . Senator Donahue . 6897 Senate Bill 690... I 'm sorry . Read the bill, Madam Secretary . I'm sorry, Senator . 689 .
Senate Bill 689 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue .
Thank you very much , M r. President. Senate B ill 689 ls a audit finding in regard to the Department of Illinois Emergency Management (slcJ# and simply to allow the locals to make the declsions. There was a lot of concern initially, until people understood what Ehe bill was about. To my knowledge, there is no opposition , and I would simply ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR MATTLAND) Is there discussion? Is there discussion? If not, the question is , shall Senate Bill 689 pass . Those in favor W ill vote Aye. Opposed, Nay. The voting ls open. Have all voted who wlsh? Have a1l voted who wish? Have a11 voted Who Wish? Have a11 voted 70 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7, 1997 who wish ? Take the record : Madam Secretary . On tha t queseion , there are 24 Ayes: 25 Naysg 6 Members voting Present. Sena te Bill 689, havlng not received the required constitutional majority, is declared failed . Senato r Donahue, for what purpose do you arise?
Just hold one second , please .
PRESIDING OFFICER: (SENATOR MAITLAND) All right. Let 's move on . Senate Bill 690. Senato r Weave r. Senate Bill 691 . Senator Butler . Read the bill, Madam Sec retary .
Sena te B ill 691 ...
PRESIDING OFFICER: (SENATOR MAITLAND) 0ut of the -- ou* of the -- out of the record . Senator -- 693 . Senato r Butler. Read the bill , Madam Secretary .
Senate Bill 693. (Secretary reads title of bill) 3rd Reading of the b ill.
PRESIDING OFFICER : (SENATOR MAITLAND) Senator Butler.
I 'm sorry for the confusion, Mr . President. Ladles and Gentlemen r Senate Bill 693 eo rrects an ambiguity in Public Act 89-592, which we passed on August lst of 1996. This ccncerns the investment of public funds in -- in the -- in IRMA : in the Illinois Risk Management pool . Thls clarifies the -- the matter to ind icate that the only funds Which can be invested in the IRMA is -- are monies ... Walt a minute . I'm sorry . Yeah . In the self-insurance funds only . It -- the way the 1aw reads now , it would have perm ieked all public funds to be invested in Risk -- Risk Management A ssociation . So this is a clarification to be certain that only those kinds of funds are invested . 71 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legisla tive Day March l7, 1997
PRESIDING OFPICER: (SENATOR MAITLAND) Is there discussion? Senator Molaro .
Yes , this... Mr . President , thank you . Th is is actually a point of personal p rivilege . It 's not a ...
PRESIDING OFFICER: (SENATOR MAITLAND) State your po lnt, slr.
- - certalnly don 't want to slow the p rocess down and -- and 1 '11 wait for Senator Donahue to -- when she resumes the Chair. I've been here four and a half years , and fo r our new Members, I just was not aware of what just took place, and thought maybe the re 's some -- something ve 're not aware of, she could explaln what took place to us when -- on her bill when she assumes the Cha ir. That's all. Thank you .
PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right . Is there further discussion? If notr the question is, shall Senate Btll 693 pass. Those in favo r will vote Aye . Opposed, Nay . The voting is open. Have all voted who Wish? Have all voted Who wish? Have all voted Who wish? Take the record, Madam Secretary . On that question, there are 54 Ayes, no Nays , Member voting Present . Senate Bi11 693, havlng received the required constitutional najority, is declared passed. Senate Bill 699 . Senator Rauschenberge r. Senate Bill 700 . Senator O 'Malley . Senate B ill Senator Fitzgerald . Senate Bill Senato r Karpiel. Senate Bill 720. Senator Cronin. Senate Bill 723. Sena tor Earp iel. Senate B ill 723 . Senator Karpiel? Senate Bill 730 . Senato r Fawell. Senate Bill 734. Sena tor Smith . Read the bill, Madam Seeretary . ACTING SECRETARY HAWKER : Senate Bill 734. (Secretary reads title of bill) 72 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch l7, 1997 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator 5m1th .
Thank you , Mr. President, Lad ies and Gentlemen of the Senate . Senate Bi1l 734 is# prior to a prospective resident 's admission to a nursing homey the facility nust advise the restdent to consult a doctor to ascerta in whether he or she should receive a vaccinatlon against pneumococcal pneumonia . Accord ing to the study released last month by the federal Centers of D isease Control and Preventlon , the CDC , senlo r cltizens should be immunized against a potential fatal eype of pneumonia before they move into a nursing home . The goal of Senate Bill 734, as amended , to Senate Amendment No . is to protect the health of senior citizens and the infections rate tn nursing homes . According to the Depa rtment of Public Health , the pneumonia shot is given once a year. I ask fo r your favorable vote.
PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall Senaee Bill 734 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 a1l voted who w ish? Take the record , Madam Secretary . On that question , there a re 55 Ayes , no Nays, no Members voting Present . Senate Bill 734 , having received the required constitutional majority, is declared passed. Senate Bill 738 . Senator Dudycz. Read the b ill, Madam Secretary . ACTING SECRETARY HAWKER : Senate Bill 738. (Secretary reads title of bkll) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz . 73 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leglslative Day March l7, 1997
Thank you, Mr. President. Senate Bill 738 is an initiative of the Chicago Police Department. As you know, the Criminal Code currently defines ''force likely to cause great bod ily ha rm '' to include the firing of a -- of a flrearm in the direction of a person to be a rrested or at a vehiele in which the pe rson to be arrested is riding . The Chlcago Poliee Department has developed firearms which shoot projectlles that do not cause great bodily ha rn or deaths; for example , bean bags , and they shoot -- or -- or large rubber bullets that are used in situations where -- where the person to be arrested , he 's elther suicidal or in a hostage situation. And the peace officers -- the bill states that a peace officer 's d lscharge of a firearm using ammunieion designed to disable or control an individual without creating the likelihood of death or great bodily harm shall not be considered force likely to cause great -- or, death or g reat bod ily harm within the meanlng of the subsecttons.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the questlon isr shall Senate Bill 738 pass. Those ln favor will vote Aye. Opppsed, Nay. The votin: is open. Have a11 voted who Wish? Have all voted Who wish? Have a11 voted who klsh? Take the reco rd r Madam Secretary . On that question, there are 55 Ayes , no Nays , Member votin: Present. Sena te Bill 738 , having received the required constitutional majority: is declared passed. Senate B ill 772 . Senator Halvorson . Read the bill, Madam Secrekary . ACTING SECRETARY HAWRER : Senate Bill (Secretary reads title of bill) 3rd Read ing of tbe bill. PRESIDING OFFICER : (SENATOR MAITLAND) Senator Halvo rson . 74 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 y 1997
Thank you , M r. President and Members of the Senate . Senate Bi11 772 is a bill that passed out of committee unanimously . Last year in Crete Township there were three children Who Were senselessly killed in a hit-and-run crash . Believe it or not, the accused hit-and-run driver may end up with only p robation . This legislation would increase the penalties fo r people leaving the scene of a fatal or personal injury accident to a sentence of three to fourteen years in prison w ith no possibility of probation and a three-yea r license revocation . The current penalty for leavin: the scene of an injury accldent is a prison sentence of one to three years , a one-year license revocation r and the possibility of probatlon. The bill would a lso provide that a driver involved in a moto r vehicle accident that results in death or personal injury must report the accident to the police as soon as possible. It must be reported no later than one hour after the accident z instead of within three hcurs after the accldent as lt - - as the current law states . There is -- I'R p leased to say have quite a feW cosponsors, and I do ask for a favorable vote . w ill answer your questions .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Fawell .
Thank you very much . Although I certainly agree W 1th the purpose of the bill, I Would like to ask the sponsor a questlon .
PRESIDING OFPICER: (SENATOR MAITLARD) Indicates she Will yield, Senator Fawell.
Senato r, several years ago we had a -- a bill that reduced the time that somebody could repo rt an acc ident without being cha rged as a felon fo r a hit-and-run drive from twenty -- from fo rty-eight hours down to three. You have noW reduced this down to one hour, 75 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 y 1997 and tha t, as we 've discussed y causes me some concern . My -- my son did have a -- a cltent that didn't realize that he had actually hit a person, and by the time he was notified and got the client over to the -- to the police depa rtmenty it was indeed two hours and forty-five minutes . And -- and my concern is , you 've lessened thls time now . We 've gone from forty-eight hours to three hours . Just because of the fact that a number o f the people that a re involved ln these accidents may indeed be d runk, we went from -- from -- now we 're going from three hours to one hour. If somebody does not get to a police ...
PRESIDING OFFICER : (SENATOR MAITLAND) Proceed, Senator Pawell .
somebody does not get to a pclice station within an hour, he 's going to be convicted of a felony . Is thak right?
PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Halvo rscn .
understand your concerns: but Ehat is not right. This just says that y6u have to report You report it and and what you report cannot be held against you . PRESIDING OFFICER: (SENATOR MAITLAND) Ladies and Gentlemen, let me -- let me have your a ttentione please. There fs debate go ing on . The two debaters would like to understand khat each other is saying . If you dre going to talk r talk in a soft tone . Senator Fawell. SENATOR PAWELL : - - T don 't believe that 's right. I m ean , the problem is that once you get -- once you have had a hit-and-run you are involved in a hit-and-run accident, you must appear in to -- in front of a -- some kind of a police statton . Whether it 's the sheriff 's office or Whether it is a -- a policeman a police STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TXANSCRIPT 24th Leg islative Day March l7, 1997 station, you 've got to appea r and you 've got to turn yourself And What you lre saying is that you tre going to lessen that to an hour. And people who perhaps dldn 't realize that they hit a human being, and in my son's case, he thought he had hit a deer, and -- and the fact was, he was going to be charged with a felony if he had not reported it, whtch would have mandated Ehat he spend a year in jail. It just seems to me we at least ought to 1et these people have enough time to -- to do the right thing and contact an attorney and -- and find cut what is he supposed to do next, if he finally decides that perhaps it was a human being .
PRESIDING OFFICER: (SENATOR MAITLAND) Further...
I th lnk -- I think we 're setting a very dangerous precedent . If there 's any atto rneys on the Floo r, I 'd sure like to know wha t thelr opinion is.
PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Senator Jacobs .
Thahk you, Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question?
PRESIDING OFFICER : (SENATOR MAITLAND) Indicates she will yleld , Senator Jacobs . SENATOR JACOBS : Senator , according to our analysis , says that, if this bill uere to pass , a h it-and-run accident that had a -- I don 't understand serious injury, but that Would have an injury could be held to an offense that would have a greater a :reater length of conviction than the aggravated DUI itself . Is that correct? PRESIDING OFFTCER : (SENATOR MAITLAND) Senator Halvorson . SENATOR HALVORSON : 77 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March l7, 1997 Yes, that is correct.
PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Jacobs .
We just went through a big debate on -- on DUI and Weive got another one that 's probably going to be seeing us a little late r putting some of those pena lties up a llttle bit. I have a little concern with this also r and T understand wha t you 're trying to do . Don 't get me w rong . I think the -- the situation up there Was unique, but we 're painting it a1l with one brush, and I do have a concern w ith that. And I don lt llke the idea khat a hit-and-run driver, for whatever reason, may have a more serious offense than a driver who is convicted of DUI .
PRESIDING OPFICER : (SENATOR MAITLAND) Further discussion? Senator Rlemm .
Thank you r Mr. President. wonder could ask a couple questions of the sponsor.
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she will yield , Senator Klemm .
If you and I were drivin: along and we had an accident I 'm trying to get this clear about this lnjury - and -- and you me, what would you do? Would you get out and ask if everythlng is okay? Is that hoW you perceive this bill to happen?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Halvorson .
Yes. You would stop, get out, see what happened, if there were any injuries. The problem here people drive off. They fre scared . They 're not sure What to do . And what we 're talking about, and We fre trying to get to Ehe botton of this . 78 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 We lre -- it 's about saving lives. If you hit somebody and they 're lying on the side of the road , they could die within a feW minutes o r an hour there 's other cars com ing along the road .
PRESIDING OFFICER: (SENATOR MAITLAND) Senaeor Rlemm .
So I sa id to you , ''Wel1, yeah , I think I feel p retty good'', you could drive away then . W ould that be how you would handle this?
PRESIDING OEPICER: (SENATOR MAITLAND) Senator Halvorson .
Well, I would still repo rt it, and I think it Would still have to be reported .
PRESIDING OFPICER : (SENATOR MAITLAND) Senator Rlemm .
You -- so then r you require people to report it if there 's no lnjurles and -- whae you just said: because T said there uas nobody injured. So youdre sayingy under leglslative intent, you would have to then report it there are no injuries. So let's go ahead and say that said vl wasn't injured and you drove off and I got out of my ca r and with the conditlon my back isz boy e ls really bad. I find out I am injured. Youdve gone. Now how would you report that? And call up and repo rt that you didn't report it, aren't you making a real serious situatlon for the driver that even in good faith tried to follow what you're doing qbut is so confused that -- that you've got to report if I'm not injured - what you said, youdve got Eo report if I am injured, and you don't even kncw if T'm injured or not. Doesn't it sound really confusing? And I know what you 're trying to do # and I 'm not trytng to oppose what your intent is. just think maybe the 79 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 17, 1997 language is a little bit d ifficult fo r anybody to follow . Thank you .
PRESJDINC OFFICER : (SENATOR MAITLAND) Is there further discussion? Further diseussion? Senator Halvorson r to close .
I understand your concerns, and do want to just tell you that it 's true , Senator Klemm , you a re okay and you drive off - - I'm talking about if there's injury to the -- or, damaqe to the car, you still make that . But as far as the perscn, the pe rson -- if the person ls not injured, no, you go on about your way. And I understand the concerns of this , and -- and I am asking for a favorable vote . We are talking about lives here , and we can save even th ree , tt would help . Thank you .
PRESIDING OFFICER: (SENATOR MAITLAND) The questlon isz shall Senate Bill pass . Those in favcr will vote Aye . Opposed , Nay . The votlng is open . Have al1 voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record r Madam Secretary . On that question , there are 32 Ayes, 2 Nays e 15 Members voting Present . Senate Bill 772, hav ing received the required constitutional majority, is declared passed. Senate B ill 773 . Senato r Halvorson . Read the bill , Madam Secretary.
Senate Bill 773. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER ) (SENATOR MAITLAND) Senator Halvorson . SENATOR HALVORSON : Thank you , Mr. President , Members of the Senate . Sena te Bill 773 is designed to increase awareness for women about ovarian 80 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March l7 , 1997 cancer . According to the American Cancer Society , twenty-six thousand seven hundred new cases of ovarian cancer were diagnosed last year. It ls the second most common cancer of the female reproductive organs . Part of the reason why we need an education program is tha t a woman is at increased risk if she has had breast cancer, has had someone in her fam ily with ovarian cancer, or has never had a child . New York State has a successful ovarian cancer information program . This bill has no fiscal impact, and I know of no opposition. I ask for a favcrable vote .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there d iscussion? Is there discussion? If not, the question is, shall Senate Bill 773 pass . Thcse in favor w ill vote Aye . Opposed , Nay . The voting is open . Have all vo ted Who wish? Have al1 voted Who wish? Have a1l vo ted Who wish? Take the record , Madam Secretary . On that question, there a re 55 Ayes , no Nays, no Members voting Present . Senate B ill 773, having received the required constitutional majority, is declared passed. Senate Bill 776 . Senator Halvorson . Senate Bill 778. Senator Rarp iel . Senate Bill 780 . Senator O 'Malley . Read the b illy Madam Seéretary.
Senate Bill 780 . (Secretary reads title of bill) 3rd Read ing of *he bill .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley .
Thank youy M r. President , Menbers of the Senate . Senate Bill 780 amends the Children and Fam ily Services Act by provid ing that in placing a child under the Act, the Department cf Children and Fanily Services shall consider the desirability of permanent placement for the child and -- and , furtherr that there is a 81 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg lslattve Day March 17 , 1997 presumption that the child 's best interests are for permanent placement, rather than tempo rary placement. Further p rovides that in determ ining a child 's best interest pursuant to a cou rt order for substltute care , the Department shall g ive due - not sole - consideration of the chlld 's race or ethnic heritage in maklng a family foster care placement . Further amends the Adoption Act to provide that the court and the child 's gua rdian shall not give race or ethnic heritage priority over other relevant factors . There was an amendment that is part of the bill, Committee Amendment No . 1, which suggests -- Which is a suggestion of the Department to track federal language on this topic and strengthen the bill . The amendment basically provides that the Department shall not deny or delay placement of the child on the basis of the race or ethnic heritage of the child or other prospective foster parent or parents . Be happy to answer any questions the re may be . PRESIDING OFFICER: (SENATOR MAITLAND) Is there d iscussion? Ts there discussion? If no er ehe question ls# shall Senate Bill 780 pass. Those in favor Will vote Aye . Opposed : Nay . The vobing is open . Have a11 vo ted Who wish? Have a11 voted Who wish? Have all voted who wish? Take the record y Madam Secretary. On that question , there a re 54 Ayes r no ' Nays r 2 Members voting Present . Senate Bill 780 , having reee tved the required constitutional majority, is declared passed. Senate Bill 785. Senato r Fitzgerald . Read the bill, Madan Secretary . ACTING SECRETARY HAWKER : k Senate Bi11 785 . (Secretary reads title of bill) 3rd Reading of the bill . . PRESIDJNG OFFICER: (SENATOR MAITLAND) Senator Fitzgerald . SENATOR FITZGERALD : Thank you y Mr . President . Ladies and Gentlemen of the Senate , 82 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 1997 Senate B ill 785 contains a nunber of p roposals recommended by Attorney General Jim Ryan 's Office . The genera l thrust of these ideas is to improve the Attorney General 's and the State 's ability to collect debts owed to the State . Among other things , the bill allows the Department of Revenue and Department of Employment Security to share address, employment and asset information in their flles with other State agencies when they are pursuing debts owed to the State . A lso there 's a technical change to our Code that would enhance the State 's ability to collect sales tax revenues from businesses . The bill authorlzes the creation of an administratlve lien in favor of the Department of Mental Health . Senato r Berman had some questions about that in comm ittee and we came up with language that resolved his concerns on that, and I've shown that language to Sena tor Berman . And finally r the bill expedites collection of the Illinols estate tax by providing ehe Attorney General with prompt access to federal estate tax returns in the possession of banks and other financial institutions . And be happy to answer any questions .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is , shall Senate Bill 785 pass . Those in favo r Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l vo eed vho wish? Rave a11 voted Who wish? Take the reco rd , Madam Secretary . On that question, there a re 54 Ayes , no Nays: no Members votin: Present. Senate Bill 785, having rece ived the required constitutional majorityz is declared passed. Senate Bill 789 . Senator Molaro . Read the bill , Madam Secretary .
Senate Bill 789. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR MAITLAND) 83 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 17r 1997 Senator Molaro .
Thank you , M r. President and Members of the Senate . A 11 this bill does is requires a defendant to pay comp lete restitution in as short a period of time as posslble . Currenkly a court order defendant to pay restitutlon for a period not to exceed five years less any time served fo r inearceration for failure to pay the restitution as ordered . Many times what happens is when a person gets done w ith their supervision or' gets done with thelr p robation or -- or their time , they haven 't paid their restitution . Now we 're going to make it a rebuttable p resumptlon , but now the p resumption is going to be against the defendant that he hasn 't materlally changed his flnancial p lcture . He would now have to come in and say , ''I can 't pay it and here 's the 'reason Why .'' he doesn't do that, a court can now order to extend his probation or his supervision until , fact , he does pay . We found out from a 1ot of countles that people are getting -- getting away with not paying their restltution r and this makes it a little easier for the State 's atto rneys and the court to enforce the restltution pa rt of their sentence .
PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Is there discussion? not , the question is , shall Senate Bill 789 pass . Those in favor w ill vote Aye . Opposed , Nay . The voting is open . Have al1 voted who wish? Have a11 voted Who wish? Have all voted who wlsh? Take the reco rd , Madam Secretary . On that question, there are 55 Ayes, no Nays , no Members voting P resent . Senate Bill 789 , having received the required constitutional majority, is declared passed. Senate Bill 791. Senator O 'Malley . Read the bill , Madam Secretary .
Senate Bill 791. (Secretary reads title of bill) 84 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch 17 , 1997 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR MAITLAND) Senator O 'Malley .
Thank you, Mr . President, Members of the Senate. Senate Bill 791 amends the Environmental Protection Act by provlding rules rega rdtng ex parte communications by members of the Board , employees and hearing officers of the Pollution Control Boa rd . Incidentally : these are pretty much the p roposed -- these are the proposed rules that are be in: suggested by the Pollution Control Board that would take effect on October 3rd r 1997 . In a very quick summary , some of the important rules are : No Board membe r shall communica te ex paree w ieh a person no e employed by the Board with respect to the substance of an adjudieatory case or rulemaking p roceeding pending before the Board . Information that is received concerning an individual pollution source during a rulemaking proceeding shall not be considered an ex parte contact in the event that a case ls currently pending before the Board . An ex parte communication received by a Board member , hearin: officer, or employee ihall be made part of the record of the pending matter, and the identlty of each person for (sie) (from) the Whom the ex parte communication was received . Communica tion regarding matters of p rocedure and practice are not considered ex parte conmunications under this legislation . Be happy to answer any questlons there m ight be .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there d iscussion? Is there d iscussion? If not, the question is , shall Senate Bill 791 pass . Those in favor will vote Aye . Opposed r Nay . The voting is open . Have al1 voted kho Wish? Have all voted who wish? Have all voted who wish? Take the record , Madam Secretary . On that question, there are 56 Ayes r no Nays' no Members voting Present . Senate Bill 791, having received 85 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17, 1997 the required constitutional majorityr is declared passed. I'm sorry . Senator Link, for what purpose do you rise , sir?
M r. Presldent . Was off the Floo r on vote number -- on Senate Bill 773, and had I been here, I just Want the record to indicate I would have voted Yes on that .
PRESIDING OFPICER: (SENATOR MAITLAND) Senator Link, the record will no ee your -- your desire . Senate Bill 799. Senator Donahue . Read the b lll, Madam Secretary .
Senate Bill 799 . (Secretary reads tttle of b1ll) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue .
Thank you, Mr. President. And if I could take a momene of personal privilege just to explain to the Membership. There was an amendnene filed on that bill, and that's Why the confusibn and the President couldn 't take it out of the record at the time Was started , so tha t's why we had to go through with what we did . We probably should have sent it on to the House and corrected it there , but my apologies to the confusion of the Body . Hopefully we won 't have the same on this one . This is Senate Bill 799, and it is the conveyance bill for the Department of Transportation, is one amendment. And then the second amendment dea ls With the conveyances for the Department of Natural Resources. We do have the record of what is belng conveyed , but to our knowledge , there ls no opposition or no conflict in this , and I would ask for your favorable roll call .
PRESIDING OFFICER: (SENATOR MAITLAND) 86 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 , 1997 Is there dlscussion? Is there discusslcn? not , the question is, shall Senate Bill 799 pass . Those in favor wll1 vote Aye . Opposed , Nay . The voting is open. Have a11 voted who w ish? Have a1l voted uho wish? Have all vo ted kho wlsh? Take the record : Madam Secretary. On that question, there a re 54 Ayes , no Nays, no Members votinq Present . Senate Bill 799 , having received the required constitutional majorityr is declared passed. Senate Bill 806 . Senator Lauzen. Read the bill , Madam Secretary .
Senate Bill 806 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen .
Thank you r M r. President. Senate Bill 806 amends the Uniform Interstate Family Suppo rt Act . makes numerous changes in relation to reconciliaticn of multip le child support orders, enforcement of orders from other states , responsibilities of emp koyers regarding the orders of other states, an organization of the Acty and other matters. As amended by Committee Anendment No . it amends the Unemployment Insurance Act to p rovide for the creation of a Directory of New Hires in the Depa rtment of Employment Securlty . Provides that Department of Employment Security w ill furnish informatlon from th is Directory to the United States Department of Health and Human Services to comply with federal regulations conta ined in the Personal Responsibility and Work Opportunity Reconciliaticn Act of 1996. It requlres each employer in Illlnois to file new hire information with in twenty days of a h ire , unless ftling electronica lly , ln which case no less than twice a month . This is the administration b ill. It came out of the task force Work that was headed up by Lieutenant 87 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March l7 , 1997 Governor Bob Kustra .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is , shall Senate Bill 806 pass . Those in favor will vote Aye. Opposed , Nay . The votin: is open . Have all voted who Wtsh? Have all voted who wish? Have a11 vcted who w ish? Take the record r Madam Secretary . On that question , there are 55 Ayes , no Nays , no Members voting Present . Senate Bill 806 , having received the required constitutional majority, declared passed. Senate Bill 807 . Senato r Lauzen . Read the bill , Madam Secretary .
Senate Bill 807. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen .
Thank you : M r. President . Senate Bill 807 amends the Public Aid Code to provide that the Departnent of Public Aid may adopt rules for the certification to other states ' child support enforcement agencies of past due support owed under a suppo rt o rder. It .provides notice to affected responsible relatives and an opportunity to be heard , and that final decisions of the Department may be reviewed only in accordance With the Administrative Review LaW.
PRESJDING OFFTCER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is , shall Senate B ill 807 pass . Those in favor will vote Aye . Opposed r Nay . The voting ls open . Have all voted Who Wish? Have al1 voted who w ish? Have all vo ted who Wish? Take the record , Madam Secretary. On that question r there are 56 Ayesr no Nays, no Members votin: P resent. Senate Bill 807 , having received 88 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997 the required constltutional majority, is declared passed. Top of page 18 . Senator Fawell. Read the b ill, Madam Secreta ry .
Senate Bill 818. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell.
Thank you very much . This is a bill that Was requested by the Department of Transportation. It 's really a technical bill . The bill contains several proposals regarding round-trip permits for ove rweight loads , the annual than rather semi-annual issuance of permits to local governments , and the completion of post-trip vehicle inspection repo rts by intrastate commercial motor veh icle operators. 1111 be glad to answer any questions .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If notr the question is, shall Senate Bill 8l8 pass . Those in favor w ill vote Aye . Opposed , Nay . The voting is open . Have a11 voted uho wish? Have a1l voted who wish? Have a11 voted who wish? Take the record i Madam Secretary . On that question, there are 56 Ayes , no Nays, no Members voting Present . Senate Bill 818 , having received the requlred constituttonal majority, is declared passed. Senate Bill 827 . Senator Radagno . Senate Bill 843 . Senator Cullerton . Read the bill, Madam Secretary .
Senate Bill 843 : (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cullerton . 89 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch 17r 1997
Thank you: M r. President, Members of the Senate . This bill passed unanlmously out of the Judicia ry Comm lttee . It amends the Local Government and Governmental Employees Tort Immunity Act r and it basically a rises as a result of and response to some court ' cases where the -- the courts virtually invited us to change the 1aw here . A nd may have been done unintentionally , but the purpose cf this bill is to allow for an action Where there is w illful and wanton conduct in failing to supervise an activity on public property . The cases involved a situation of a swimm ing pool up in Zion, where according to the compla int, there were , think , eleven lifeguards at a poc l, a boy was drowning , none of the lifegua rds took actlon. A pool patron pulled the boy from the pool, but he had drowned, and the judge found that the -- the Way the Statute 's drafted , there 's no oppo rtunity to -- to file a lawsuit when there 's willful and wanton behavio r. So this co rrects that , and I think it 's something which we ought to have on the books. I 'd be happy to answer any questions and urge an Aye vote .
PRESIDINC OFFICER: (SENATOR MAITLAND) Is there discussion? D iscussion? Senator Claybo rne .
Thank you , M r. President. rise because I represent a munlcipality . And I may have a potentlal conflict of interest, and I W ill absta in from voting .
PRESIDING OFFICER : (SENATOR MAITLAND) Is there further discussion? If not, the question is , shall Sena te Bl1l 843 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have a1l vo ted Who Wish? Have al1 voted who Wish? Have all voted Who Wish? Take the reco rd , Madam Secretary . On that question, there are 52 Ayes , no Nays , no Members voting P resent. Senate Bill 843, having received the 90 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislatlve Day March 1997 required constitutional majority: is declared passed. Senate Bill 844 . Senator Cullerton. Senate Bill 855. Senator Donahue . Read the bill, Madan Secretary .
Senate Bill 855 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue .
Thank you very much , Ladies and Gentlemen of the Senate and M r. President . Senate Bill 855 deals w lth some va rious changes w ithin the Department of Commerce and Community Affairs . The re are four sections to lt and let me briefly just quickly go through The amendment -- o r the first Section deals w ith the first stop . Originally we had decided that We were going to have a one-stop shop and and we 're say ing now that we can do this W ith a 1-800 number. It 's worked much better than trying to have a physical plant out there r so that 's what the first Section does ; it allows for the 1-800 number. Wefre repealing an area with the Corridors of Oppcrtunity in the (sic) (and) Development A'ct. We used to have these corridors . We used to fund them ; we don 't anymore . Some of our corridors a re locally funded through their own funding , so we 're trying to get this off the books . It doesn 't preclude the Department, though , from fundin: corridors, if at some time in the futu re we want to do that. Th ird Section deals With the powers and duties of the Illinois Coal Development Board . They 're now required to make two reports to the General Assembly . They make a repo rt April . It 's kind of too early to tell : so we 're asking that they only have to make one report, which would be due in October. The final one deals with the public infrastructure loan and grant program , and it allows that STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 the appropriation can be used -- seventy-five thousand dollars of it can be used fo r adm inistrative costs . And that 's what the bill does r and I would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there dlscussion? Is there discusslon? If not, the -- the question isr shall Senate Bill 855 pass. Those in favor Will vote Aye . Opposed, Nay . The voting is open. Have a11 voted Who wish? Have al1 voted who wish? Have al1 voted Who W ish? Take the record , Madam Secreta ry . On that question, there are 56 Ayes, no Nays , no Members voting Present. Senate Bill 855, having received the required constitutional majority, is declared passed. right. Ladies and Gentlemen, let 's be a t ease fo r a few moments . The Rules Committee will is going to meet. (SENATE STANDS AT EASE) (SENATE RECONVENES)
PRESIDING OFFICER : (SENATOR MAITLAND) Senate Will come to order . Comm ittee Repo rts .
Senator Weaver, Chair of the Committee on Rules , reports the follcwing Legislative Measures have been assigned : Referred to the Committee on Agriculture and Conservation - Senate Amendments 1, 2 and 3 to SenaEe Bill 305, Senate Am endment 1 to Senate Bill 306 , and Senate Amendment to Senate Bill 908: to the Comm ittee cn Commerce and Industry Senate Amendment 3 to Senate Bill 7537 to the Committee on Education Senate Amendment 1 to Senate Bill 557 7 to the Committee on Environment and Ene rgy - Amendments l and 2 to Senate Bill l40 and Anendment 1 to Senate Bill 9347 referred 92 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March 17 , 1997 to the Committee on Executive - Senate Joint Resolutions 22 and 23; referred to the Conmittee on Insurance and Pensions - Senate Amendment 2 to Senate Bl11 194, Amendment ko Senate Bill 196, Amendment -- o r Amendments 1: 2, 3, 4 , 5, 6: 7 , 8, 9 , 10 and 11 to Senate B ill 665, and Amendment 2 to Senate Bill 801; to the Comm ittee on Judicla ry - House Bills 106 , Senate Amendment 2 to Senate Bill 5, Senate Amendment 1 to Senate B ill 7, Amendment to Senate Bill l3, Amendment l to Senate Bill 230, Amendment l to Sena te Bill 8957 also referred to the Judicia ry Comm ittee - Senate Amendment l to Senate Bill 460 and Amendment 2 to Senate Bill 686; to the Comm ittee on Licensed Activitles - House Bills 138, 274, Senate Amendment l to Senate Bill 6l0 and Amendment 1 to Senate Bill 9027 to the Committee on Local Government and Elections Senate Anendment 2 to Senate Bill Amendment 2 to Senate Bill 129 , Amendment l to Senate Bill 307, Amendment 2 to Senate Bill 373, Amendment 2 to Senate Bill 509 , and Amendment 2 to Senate Blll 1120 ; to the Committee on Public Hea1th and Welfa re House Bills 202, 204, Senate Amendment 2 to Senate B111 351 7 to the Committee on Revenue - Amendment to Senate Bill 81 and Amendment 2 to Senate Bill 645 7 to the Committee on State Government Operations - Amendment 1 to Senate Bill 682 (sic) (862)7 to the Committee on Transportation - House Bills 133, 380, 844, Senate Amendment 1 to Spnate Bill 927; and Be App roved fo r Consideration Amendment to Senate B ill Amendment 2 to Senate Bill 123, Amendment l to Sena te Bill 141, Amendment 2 to Senate Bill 549, Amendment 2 to Senate Bl11 574, Amendment 3 Eo Senate Bill 677, Amendment 2 to Senate Bill 776, Amendment 2 to Senate Bill 827, Amendment l to Senate Bill 1041 .
PRESIDING OFFICER : (SENATOR MAITLAND) A 1l right, Ladies and Gentlemen , m iddle of page 18 . Senate Bllls 3rd Read ing . Senate Bill 858 . Senator Burzynski. Read the bill, Mr . Secretary . 93 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997
Senate Bill 858 . (Secretary reads title of bill) 3rd Reading of he bill.
PRESIDING OFFICER : (SENATOR MAITLAND) Senator Burzynski.
Thank you , Mr . President . This is an administration bill for the Department. There 's no known opposition . All the changes made are agreed to by DPR and the Podiatric Association.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the questlon is , shall Senate Bill 858 pass. Those in favor will vote Aye . Opposed , Nay . The vottng is open . Have all voted kho W ish? Have all voted who wish? Have voted who wish? Take the record , Mr . Secretary . On that question, there are 51 Ayes, no Nays, no Members voting Present . Senate Bill 858 , having recelved the required constitutional majority, is declared passed. Senate Bill 859 . Senator Burzynskl. Read the bill r Mr . Secreta ry .
Senate Bill 859. (Secretary reads tltle of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynski.
Thank you , M r. President. Again, th is is an administration bill . It allows workers from licensed home care p rog rams from hospitals , nursing homes and related programs to go the house people Who are unable to get out or take care of themselves and p rovide certain personal care or health care acts . Be more than happy to answer any questions . 94 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Is there discussion? If not, the question is , shall Senate Bill 859 pass . Those in favor Will vote Aye . Opposed , Nay . The voting is open . Have a1l voted who wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record , Mr. Secretary . On that question , there are 55 Ayes, no Nays, no Members voting Present. Senate Bill 859 , having received the required constitueional majority, is declared passed. Senate Bill 862. Senator Fitzgerald . Senate Bill 878. Senato r Watson . Read the billy M r. Secreta ry .
Senate Bill 878 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.
Yes . Thank you, Mr . President. We dre attemptlng to establish a prepa id tuition program , which I think most o f us Would agree would be very beneficial to the young people and parents of this State . The purpose of the program is to establish a mechanism by Which tuition could be paid for at today's prices and would -- of course, once the beneficiary or the student goes to school , then the tuition would be pa id for by -- out of the p lan. It Would allow any purchaser, anyone who wants to purchase a prepaid tuition can do so for the benefactory (sic). The beneficiary is also someone Who Would be primarily an Illinois student and an Illinols resident, and that 's spelled out in the legislation . There is a mechanism by which refunds could be granted , and that 's spelled out . There 's varlous types of plans that could be utilized for public university and a community college ... PR/SIDTNG OFFICER: (SENATOR MAITLAND) 95 i STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17, 1997 Senator Watson , excuse me . Ladies and Gentlemen , this is a very, very impo rtant bill. Please give Senator Watson your attention, please . Senator Watson . SENATOR WATSON : Well, thank you, Mr . President . As I saying , there a re two different types of plans : one which would be a public university plan and then one fo r community colleges. And the leg islation spells out how each -- each credit would be purchased . The p rice of tbe plan would be established annually by the Illino is State Assistance -- Student Assistance Comm ission z and they would also allow for private universities and out-of-state purchases to take place also . There 's considerable restricticns on the use of the contract . There 's a State guarantee that the full faith and credit of the payment of tuition and fees will be bo rne by the State if, in fact, the -- the fund does not create the necessary dollars to do so . And the adm inistration of the program would be done by the Illlnols Student Assistance Commission: in conjunction with -- what is called the Prepa id Tuition Review Board . And this Board will consist of three membersr all appointed by the Governor, with the advlce and consent of the Senate , and the membe rs must, obviously r have expertise in accounting , actuarial practice , risk management, or investment management. Be glad to answer any questions . PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Cullerton . SENATOR CULLERTON : Yes . Thank you, Mr. Presidentr Members of the Senate . I rise in suppo rt of this legislation . I had a similar bill and decided to not advance it, knowlng that Senator Wa tson had this piece of legislation. It 's really -- as even the Chair indicated , is a very significant bill'because it will allow for one of the major problems that people have with their -- wo rried about how to pay 96 i i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 for college . This will allow them 'to have klnd of a forced savings, to lock in a rate of tuition in the future r and there is a similar type of a bill comin: over from the House . has a somewhat different administration , but has the same general p rlnciple . I would polnt out that, Senator, I don 't think we Senator Watson , don 't think we amended this to take out the deductibility po rtion, and that 's something khich we 'll probably have to wo rk out because the federal government allows for ehese payments to be deductible . It it 's also in this bill that it would be deductible for the State: and I th ink Revenue does have a problem with that. And I Would say that would still be a good bill even if we took that out. And it 's -- it 's, however , something which think that, when we Write the sto ry fo r this Session, people are going to look upon this bill as being one of the most significant ones, because this is what the -- the middle-class tax relief type of bill is a1l about because gives someone the reassurance of knowing they can send their children to school in Illinois and -- and have a Way in whlch they can afford to pay for it . So , I urge an Aye vote .
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Klemm .
Would the sponsor yield?
PRESIDING OFFICER: (SENATOR MAITLAND) rndicates he Will yield , Senator Klemm .
I guess, if understànd this correctly, you would find out what the tuition would be from a university, pay .that, and if you fre short that amount of money when the student gets there , somebody has to make up the difference?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. 97 STATE öF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Leg islative Day March 17, 1997
Well, we 're anticipating that the revenue growth for this particula r investment would be hopefully somewhere around eight and a half pe rcent. Under what We fve notlced in the last obvious several years , the market has really done quite well, and we would assume that the return Would be even g reater. Tuition rises as an average of a round three to four percent a year, so this wculd obviously keep up With inflation , and obviously the Board -- there is a certain amount of risk , but the Board , being expertise as they are , hopefully will be very prudent in their investmenk.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rlemm .
A couple questions. Would thls be just for Illinois State universities?
PRESIDING OFFICER: (SENATOR MAITLAND) Sena tor Watson.
This -- this can be utilized for out-of-state tuition , p rivate schools and public universlties. The lnvestment , o r the amount of money available to the beneficiary, which would be the student , would be based on a pro rata basis established by either the cost -- average cost of ateend ing an Tllinois public universiey , public education , or a comnunity college , based on Which plan you may buy .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm .
So if there 's not enough funds in that account, the -- the Illlnois taxpayer somehow through their monies pick up the difference and pay the difference to that university?
PRESIDING OFFICER: (SENATOR MAITLAND) 98 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 Sena tor Watson .
Well , the only problem would be if the fund -- the return on the fund was not at the adequate level to maintain the tuition at a point -- time in -- in the -- in the future . The ind ividual would purchase the tuition credit at today 's tuition . The idea being that over the period of tlme of the contract - and you can purchase a contract for five years or for ten yearsz based on when the need would be there for the student - you kould hope that obviously that increase in the -- in the investment would be greater than the influence -- increase in the -- ln the tuition . And if anything -- any indication of what We 've seen by other investment pensions and whatever they may be - We have seen an average of eight-and-a-half-percent increase over a considerable length time in those -- those funds , where the tuition , as said r was an average of about four-percent increase .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm . END OF TAPE TAPE 3
Just a last question, guess . And I have only some concerns in that we can go out to Harvard Unlve rslty . We could start now in making our deposits or our payments . If I declde to ehange I get all my money back , plus the accrued interest , but if it isn 't enough, Illino is taxpayers will have to pick up the tab somehow . And it sounds like someplace it certa inly is a kin-win 99 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch 1997 situation from the way it's described to me# but I don 't know it seems very fair for the taxpayers . If it's if it ds only that going to cost us -- the only -- a11 we can do is pay the difference , because the -- the person who puts the money in there, if it 's more than enough , it sounds like we get it back . I mean, it sounds like it's something everybody should sign up fory 'cause they 're going to be winners , and I don 't know if the taxpaye rs can afford it . That's all .
PRESIDING OPFICER: (SENATOR MAITLAND) Senator Watson .
Well, I guess T 'm not aaking myself clear . First of all, if you go to Ha rva rd and pay twenty thousand do lla rs a yea r in tuitlon - I don 't even know -- have any idea wha t it is ; it 's probably considerably no re than that - there 's no way that we are qoing to pick up the difference. The only amount that's goin: to be made available to that beneficiary or the student is go ing to be hoW much it was invested at one point ln time , and when the -- if that student then decides to go to Harvard o r to Purdue or to University of Pennsylvania , or wherever, then the individual -- amount of money that would be made available to that individual is only going to be pro rated on the -- on the basis of what the -- of - - the investment was . I -- we 're not glving them any more money r necessarily , to go out of State to school. We 're not giving them any more money , necessarily , to go to a private university . We 're giving them the same dollar that they would have go tten had they gone to a public university in the State of Illino ts . No thing mo re .
PRESIDING OFFICER: (SENATOR MAITLAND) Fureher dlscussion? Senator Bowles .
Thank you, M r. President. Would the sponsor yield for a 100 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Leg islatlve Day March l7 , 1997 question?
PRESIDING OFFICER: (SENATOR MAITLAND) Indlcates he Will yield , Senator Bowles .
Senator Watson, let 's say that they -- someone enters into this program and makes these payments . What if , ln the future -- noW they 're getting tax-exempt -- they 're getting a tax exemption r as I understand . What if , in the futu re , they decide that they are not golng to use this money for the purpose initially intended? What happens with the IRS and the tax exemption status that this money had?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.
Well , tbey Would lose their tax exemptionz for one thing . That Would -- that Would fall back to them on the tax -- taxable income based on the amount of interest earned , and if they 're to get a refund out of the -- out of the p re-tuition credit , would be two percent they would get. They would get tWo percent . So they would forfelt everything else that had been earned during that period of time that the investment was -- was in place . PRESIDING OFFICER: (SENATOR MAITLAND) ' Senator Bowles .
Thank you . In other wo rds, they 're -- they dre -- I 'm not quite clear on : If they would get a refund , would lt be a t the rate of the IRS tax rate at that time, or how would -- how would tha: work?
PRESIDING OFFICER : (SENATOR MAITLAND) Senator Watson .
If an individual or a -- or a -- someone Who 's paying into -- l01 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislatlve Day March 17 , 1997 into the schola rship fund z or the pre-tuitlon fund , they would -- they would pay the -- obviously the the benefit of the federal 1aw would not be impacted . They therefore y then , would pay the regular tax rate and the cbligation of tha t lnterest that 's been accrued since that po int in tlme .
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senato r Rauschenberger.
Thank you. Question of the sponsor.
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he w ill yield , Senato r Rauschenberger.
Thank you . Senator Watson, would this require ISAC to -- to get a banking license or a savings institutlon license of any kind?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson .
It -- to my understanding , no . I'm not sure why they would be - - they would have to .
PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Rauschenberger.
Well, aren 't We -- aren 't we turning ISAC lnto kind of a savings bank by encouraging people to save their tuition dollars with -- with ISAC in this? And -- and does the sponso r feel there 's a signlficant access problem to Illinois universities by students today?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson .
Well , there 's not an access problem , I guess, if you 've got 102 . STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch l7 , 1997 the grades and 'the ACT score to get in , but there 's certainly a p roblem of people being able to affo rd to send their students to college . And we 've seen over the last twenty years the amount o f debt lncrease from seventeen percent twenty years ago to fifty percent now , and that 's bein: borne on the back of students Whc , obviously, graduate and hopefully w ill be able to pay that debt off. But we 're trying to , I thinkr be a positive impact on -- on middle-class fam ilies now , who are struggling to try to save money for students to go to college , and thls gives them a mechanism by Which to create that qua lity education for thelr student .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rauschenberger .
Is -- is the sponsor aware that we have the second-largest MAP program in the United States, and the largest MAP prog ram per pupil in the country? In other Wcrds , we put more money into a nonetary award program both for student loans and for student grants . The -- like I say r we have the second-largest fund in the country and the largest per pupil in the nation . The only state larger is NeW York. '
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. .
Welly God bless us. I -- I think it 's a great th tng . I mean, I -- what 's the p roblem w1th tha t? T -- I thlnk that we ought to do everything we can to -- to facilitate those people who can 't afford an education and those kids who actually qualify for a monetary award to -- to get it. And -- and the more the better.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Rauschenberger.
Thank you . Just to close . I Want you to know I agree With l03 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17, 1997 your some of your intent . think it 's -- it 's a good idea to - - to make sure we have access to higher educatlon in the State of Illinois. My concerns are a couple of things, and I just Would raise them to the Body for their consideration. I don 't believe this is a middle-class plan when it calls for lump sum p repayment of tuition . I mean , that ls '-- that 's hardly mean , it also permits a five-year annuity, which means paying that tuition just a few years before they go to school . I don 't think that creates a real access tssue . The other thing is, please be aware, this -- this also permtts an exemption from MAP qualifications for the' amount that 's sold . So , in o ther vords, you could have a fully prepa id tuition account and it wouldn 't affect MAP eligibility . So I mean -- so , in other words you could , on top o f having p repaid your tuition being in a gua ranteed State plan , receive the full MAP award on top of it . guess my concern is that what this really tends to do is drive tuitions higher. When -- when you continue to tnfuse aid and funding into this and then insert our Scholarshlp Conmission , essentially , as a Christmas club for tuitions, you know r while th ink it 's important: I think We ought to have the universities pay attention to the cost of their - - the ir higher educatlon . Not -- we shouldn 't be setting up p romises for another group o f people in the State of Illinois. Haven 't we learned our lesson from other p rog rams Where we guaranteed perpetuity? But, I mean , I certainly welcome the sponsor 's good intentions .
PRESIDING OFFICER : (SENATOR MAITLAND) Further discussion? Senator Jacobs.
Thank you, Mr . President, Ladies and Gentlemen of the Senate . Would the sponsor yield?
PRESIDING OFFICER : (SENATOR MAITLAND) Indlcates he will yield y Senator Jacobs . l04 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997
Senator, what is the difference between th is program and the prog ram that Was presented a few years ago by then Senator -- I mean, then Treasurer Pat Quinn?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson .
Well, I Wasn 't necessarily a great follower of the Treasurer at the time , and I 'm not sure what his p rogram might have been y but I -- I really don 't know . I have no idea .
PRESIDING OFFICER: (SENATOR MAITLAND) All right . Senator Jacobs .
Senator, I -- I think that everybody on this side of the Rotunda -- I mean r on th is side of the aisle , if they truly believed in it then should support your idea now .
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Berman.
Thank you , Mr . President, Ladles and Gentlemen of the Senate . I think it 's important to recognize that this plan is# th ink , as Senator Watson has said , I thlnk it 's a -- it 's a wonderful attraction for m iddle-class families . You lve got a onetime lump sum opportunity to make a payment. Very few people can really do that , but you dve got - and correct me I 'm w rong , Senator Watson - you 've got a five-year plan and a ten-year plan under this . And what that does is guarantee that your children or your grandchildren X years down the road have financtal entry to the university . I don 't see any downside to this. Yes , it may cost the taxpayers something ftve , ten , twenty years down the road because you 've given them this encouragement to buy these plans . But again, Ladies and Gentlemen , that 's the best lnvestment you l05 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17, 1997 can make, because you dre encouraqing , and strongly encouraging th rough a financial incentive r your children or grandchlldren to go to a universlty y to go to college . Now that -- that 's a great program . To show you how great it is, ln this month 's - March 1997 - Money Magazine : there 's an article about these plansr and points out that thirteen other states have this kind of legislation on their books to encourage their citizens r to encourage their children and grandchildren to go to colleges. T 'm very happy to stand up in support of this program . And by the way , may have a conflict . My grandch ildren have already called me .
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senatcr Collins.
Yes . Thank you y Mr. President and Members of the Senate . think it's a great plan , too . I did approximately ten years ago , both when the House House and Sena te Was controlled by Democrats and no one could see the w isdom in this kind of plan. It Was pred icted then that the cost of educating in a four-year college would cost approximately y by the year 2000 , a hundred thousand dollars. Sure , th is is an opportunity for middle-class people , and and upper lower-income people to save and invest and ensure that chlldren w1l1 be able to go to schcol , to college, that would not be able to go had not been for this oppo rtunity to save . If the trust fund is entrusted the hands of those persons who are good investors, this -- th is plan should not cost the State any money , because the -- lf Ehey lnvest well and p roEect the money , they w 111 make enough money to hopefully keep up with the inflationary costs of a tuition by the time the ten yea rs are up , or the five years are up . And -- and based on how the p lan is drafted , if it 's a five-year plan , of course , you -- you invest more into 1t . You have to pay more . If it's a 106 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March l7 , 1997 ten-year plan , the payments a re stretched out longer , and therefo re they are less . Tf they are invested properly y this is a great idea . There are -- many states have it . There -- there were several states at the time , when I introduced th is same bill, had already enacted this plan . We had some definitive data saying that it was good , it was the rlght way to go . We are behind time , and let's pass the bill and send it over to the House .
PRESIDING OFFICER : (SENATOR MAITLAND) Further discussion? Senator Hawkinson .
Thank you, Mr. President. Will the sponso r yield for a question?
PRESIDTNG OFFICER: (SENATOR MAITLAND) Indicates he will yield , Senator Hawkinso n.
Senator , Senator Rauschenberger peaked my interest r and I support your bill , on the MAP guarantee . Can you explain hoW that Would Work? If -- if someone right now has saved money for co llege, they dre usually going to be denied MAP awa rds because that will be treated as an asset . Xou 're sayin: if you save in this Way , that that would not be counted as an asset and you could still qualify for MAP , or would you automatically qualify for MAP , . or how Would that work?
PRESTDING OFFTCER: (SENATOR MAITLAND) Senator Watson .
Yes. Thank you. There 's -- no contribution towards a prepaid tuition plan may be used in evaluatin: the financial situation of the beneficiary . So , in other words , this Would not be a determlnation -- a determ ining factor of whether someone is eligible for financial aid .
PRESIDING OFFICER: (SENATOR MAITLAND) 107 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 1997 Senator Hawkinson .
And someone who has saved over the years and has money available would have an option to get into th is plan so that they let's say someone put into this plan - 1'11 just pick a figure out of the air twenty thousand dollars, and befo re they dve done that, they have saved up twenty thousand dollars. Your bill allows that person, prior to the college expe rience, to -- to buy in at a single time so they Would fall w ith in your plan as -- in other words, change the ir investment from whatever they have lt in now into your plan, and then once they 've transferred into your plan, that would not be counted as an asset in the MA P determ ination .
PRESIDING OFFICER : (SENATOR MAITLAND) Senator Watson .
That is true .
PRESIDING OFFICER : (SENATOR MAITLAND) Further -- Senator Hawkinson .
And flnally , there was mention of the College Savings Bond Program that ls currently in existence in Illinois ncw . Is there any provision -- slnce your plan sounds to be a much improved version of -- of that that we passed a number of years ago , is there any p rovlslon in your bill relating to how people could transfer from tha t plan o r the assets they hold under the current Illinois College Saving Bond Pros ram into your plan?
PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Watson .
It's not mentioned directly, but I Would assume somebody could cash that -- that in and then reinvest into this particular l08 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7, 1997 approach .
PRESIDING OFFICER: (SENATOR MAITLAND) Further -- Senator Fawell .
Thank you very much . Will the sponso r yleld fo r a questlon?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield , Senator Fawell .
Several years ago when the Treasurer af the State suggested this bill, there Was a concern that what We Were doin: Was actually pyram id build ing , that those who orig inally bought into this plan would r in effect, be paid fo r by people as they proceeded through this plan . A re you actually talking about takinç these funds and putting them in some kind of a trust fund and -- 'cause I just looked at the blll and I didn't see that. I meanr the language of the bill . Are you actually golng to take these funds , put them in a trust -- some kind or another trust fund and -- and actually collect interest? Is that the idea?
PRESIDING OFFICER: (SENATOR MAITLAND) Sena tor Watson .
There is a fund that 's established ln the Treasurer 's Office fo r this. And then the -- What's called the Prepa id Tuition Review Board z then, would oversee the fund , and they are made up of -- that Board Would be made up of three members appointed by the Governor, and they would have to have expertise in accounting , investin: and , obviously , they would follow the thinking along the line of increasing a percentage of the return .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell.
So no one else w ill be able to touch these funds if they 're l09 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day Ma rch 1997 sho rt the following year? My concern is that a11 of a sudden we 're go ing to find , like the Social Security plan: in effecty the - - the guys at the bottom are going to have to be paying for the guys at the top .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson .
There is a delay of three years. So that will allow the plan to build up and the fund to build up , and hopefully avert the concern that you may have .
PRESIDING OFFICER : (SENATOR MAITLAND) Further discussion? Senato r Watson , to close.
Well, thank you: Mr . President . Appreciate the debate and interest in the legislation . amazed at some of the comments about trying to help people in the middle class , and those people who , in many cases , don 't qualify for a plan . And We 've a1l heard that . We have people parade through our office saying thatr ''well , you help the -- the poo rr and the -- the wealthy can pay for it , and we dre in the middle, and we have no benefit.'' And this is something that I think would be of major benefit to those people in the middle , the m iddle class . And app reclate' the support of the -- of the Body , and hopefully we 'll put a lo t of green lights .
PRESIDING OFFICER: (SENATOR MAITLAND) The question is , shall Senate Bill 878 pass . Those in favor, vote Aye . Opposed , Nay . The voting is open . Have all voted who wish? Have al1 voted who wish? Have a11 voted Who Wish? Take the record , Mr. Secretary . On that questionr there are 52 Ayesy 2 Nays, 3 Menbers voting Present . Senate Bill 878 , having received the required constltutional majorityr is declared passed. Senator Bomke , for what purpose do you arise r sir? STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 e 1997
Thank you, Mr . President. rise for a point of personal privilege .
PRESIDING OFFICER: (SENATOR MAITLAND) State your po lnt .
We have with us today , and appropriately so , a band from Ireland called the HReal T ime ''. They 're from Galway , Ireland r and they 're in the gallery , and please help me recognize them .
PRESIDING OFPICER: (SENATOR MAITLAND) Would our guests in the gallery please rise? Welcome, by the Senate . Welcome to Sp ringfield . Welcome . Senate Bill 897 . Senator Madigan . Read the bill, Mr . Secreta ry .
Senate Bill 897. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Madigan.
Thank you , Mr . President, Members of the Senate . Senate Bill 897, as amended, makes tWo changes in the real estate license disciplinary Section of the Sta tutes regarding escrow funds . This - - the first change is a t the request o f the Office of Banks and Real Estate , which allows the written direction to the broker to disburse escrow funds agreed èo by *he principals to the transaction to be inserted up front or a: the beginning in the contract at the beginning of the transaction. And the second change adds new language that states that is a violation of the Act to require a party to a transaction to allow the licensee to retain a portion of escrow monies for payment of the licensee 's comm ission or expenses as a condition for release of the escrow STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislatlve Day March 1997 monies to that party . I know of no opposition to Senate Bill 897, as amended . Would be glad to answer any questions and would otherwise ask for its favorable consideration.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there dlscussion? Is there discusslon? If no t, the question is , shall Senate Bill 897 pass . Those in favo r 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 , Mr . Secretary . On that question, there are 56 Ayes , no Nays y Member votlng Present . Senate Bill 897, having received the required constitutlonal majority, is declared passed. Senate Bill 901. Senato r Burzynski. Read the bill, M r. Sec retary .
Senate Bill 901 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynskl.
Thank you , M r. President. This legislation adds therapeutically certified op tometrists to the list of those who can order 1ab tests. does have an amendment that clarifies what that is . So ...
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discusslon? If not , the question is, shall Senate Bill 90l pass. Those in favor W ill vote Aye . Opposed , Nay . The vo ting is open . Have a11 voted who w ish? Have al1 voted Who Wish? Have a1l voted who wish? Take the record, Mr . Secretary . On that question , the re are 56 Ayes, no Nays , no Members voting Present . Senate Bill 901, having received the required constitutional majorlty, declared passed. Senate Bi11 908 . Senato r Luechtefeld . Read the bill , M r. Secretary . 1l2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislattve Day March 17r 1997 I jm so rry . Senate Bill 909 . Senato r Luechtefeld . Read the' bill, Mr. Secretary . Senate Blll 909 .
Senate Bill 909 . (Secretary reads title of bill) 3rd Read ing of the bill .
PRESIDING OFFICER : (SENATOR MAITLAND) Senator Luechtefeld .
Thank you , Mr . President and Members of the Senate . Senate Bill 909 simply amends the Senior Cltizens and -- and D isabled Persons Property Tax Rellef and Pharmaceutical Assistance Act to make a technical change . This amendment Will increase the household lim it -- income limit from fourteen thousand to sixteen thousand dollars . This has not changed since 1985. I think this has been a -- a very successful program , basically called Circuit Breaker, and this would -- this Would ralse some two thousand dollars and allow peop le -- some people , at leasty who have dropped off of those rolls over the last few years to , once again, be part of this program . I would entertaln any quesiions that someone might have .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Carroll .
Thank you , M r. President Ladies, Gentlemen of the Senate . As a cosponsor of this legislation, who had origlnally introduced like legislation and w ith the sponso r's acquiescence merged What had been Senate Bill 503 into this r I -- I who leheartedly concur. When We created this Act, fourteen thousand dollars seened like a lcgical amount . It has been a dozen years since then . Inflation would have taken that up to p robably tw ice that amount. So this is just a modest increase to allow people to be eligible, 1l3 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17# 1997 particularly for the pharmaceutical aspects of this p rog ram , and would urge support .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there dlscussion? Senator Molaro .
Yes. Thank you, Mr. President. Would just like to know -- my chance to ask this . Why do they call it a ''Circui* Breaker''? Where did that cone from ?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Luechtefeld .
Senator, I really don 't know .
PRESIDING OFFICER: (SENATOR MAITLAND) All right. Further discussion? Further discussion? If not, the question is , shall Senate Bill 909 pass. Those in favor w11l vo te Aye . Opposed r Nay . The voting is open. Have all voted Who Wlsh? Have a11 voted who wish ? Have a11 voted who w lsh? Take the record , M r. Secretary . On that question r there are 57 Ayes , no Nays, no Members voting Present . Senate Bill 909, having received the required constitutional majority, is declared passed. Top of page l9. Senate Bi11 910 . Senator Luechtefeld . Senate Bill 918 . Senator O 'Malley . Read the b ill, Mr . Secretary .
Senaee Bill 918 . (Secretary reads title of bill) 3rd Reading of the b ill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley .
Thank you , M r. President, Members of the Sena te . Senate Bill 918, as amended , grew out of an incident in which a coach was giving weight-loss drugs to his players in a youth spo rts prog ram . STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leglslative Day March 1997 Senate Resolution 152 from 1996 established a task force to look into problems in spo rts programs and report back and make recommendations. To some extent, this legislation adopts their recommendations and -- and their recommendations may need further wo rk . Basically , though , What the what the bill does is require the -- the Governor 's Physical Fitness and Sports Council to establish a Model Coaches ' Safety Orientation and Tra lning Skills Program curriculum . This comprehensive p rogram Will cover a1l aspects of coach ing and the cu rriculum will be offered to any lnterested party fo r a minimal fee . I believe What w ill happen with thls legislation as it advances , should it advance, is there may be further refinements of this concept and -- and the recommendations from the task force as the legislation proceeds through the House . I 'd -- happy to answer any questions ycu may have and would certainly request your -- your support for this leglslation .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Senator Hawkinson.
Thank you , Mr. President. W ill the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR MAITLAND) Indica tes he will yield , Senator Hawkinson .
Senato r, your last comment about furthe r refinements a re What brin: me to my feet. We amended out any mandates on this bill . 1'11 just ask you straight-out. Is it your intention to add any mandates on youth coaches back into this bill as the bill p rogresses, cr not?
PRESIDING OFFICER: (SENATOR MAITLAND) Senato r O 'Malley .
l15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17, 1997 It is -- it is certainly not my intentlon at all . What I am suggesting , Senator Hawkinson, as -- as it 's in the House , this task force is continuing to do its work . I think they 've clearly gotten the message from the comm ittee work that was done that they need to relook at relook this. We We re Waiting for the possibility of recommendations coming this week. They have not been forthcoming . So if there fs something that happens in the House, would certa inly be considered there and then come back to us for our consideration.
PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Hawkinson .
But that wouldn 't include any mandates on -- on youth coaches or Little League coaches?
PRESIDING OFFICER: (SENATOR MAITLAND) Senato r O 'Malley .
It is certalnly no t my intention that it would be .
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? If notr the question is, shall Senate Bill 918 pass . Those favor Will vote Aye . Opposed , Nay . The voting is open. Have a11 voted Who wish? Have a1l voted Who Wish? Have al1 voted who wish? Take the record , M r. Secretary . On that question, there are 56 Ayes , l Nay , no Members voting Present. Senate Bill 918 , having received the requ ired constitutional majority, is declared passed. Senate Bill 920. Senator O 'Malley . Read the bill, Mr. Secretary .
Senate Bill 920. (Secretary reads title of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March 17, 1997 Senator O 'Malley .
Thank you , Mr. President , Members of the Senate . Senate Bill 920 adds a cross-reference to the Counties Code and Municipal Code . It provides that the -- that requirements concerning bonding in relation to maps, plats, and subdivisions are subject to the provisions that state that a county or municipality may not require a cash bond if an irrevocable letter o f credit filed and that and that set cut the duties of the county o r nunic ipality concerning cash bonds. I 'd be happy to answer any questions there may be .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall Senate Bill 920 pass. Those in favor w ill vote Aye . Opposed , Nay . The voting is open . Have a11 voted who wish? Have a1l voted who wlsh? Have al1 voted Who w ish? Take the record , Mr. Secretary . On that question , there are 56 Ayes , no Nays r 1 Member voting Present . Senate Bill 920 , having recelved the required constitutional majority, is ' declared passed. Senator Klemm , for what purpose do arise , sir?
I Wanted to speak on the bill. That 's all:
PRESIDING OFFICER: (SENATOR MAITLAND) Senate Bill 921. Senator Shadid . Senate Bill 927 . Senato r Rauschenberqer. Senate Bill 929 . Senator Rauschenberger . Senate Bill 930. Senate Bill 936. Senator Dudycz. Read the bill, Mr. Secretary .
Senate Bill 936 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR MAITLAND) 1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17r 1997 Senator Dudycz .
Thank you : M r. President. Senate Bill 936 amends the Section of the Vehlcle Code which prohibits a person from operatlng a conmercial motor vehicle whlch ls equipped with a radar-jamming device . This legislation extends the prohibition to all mctor vehlcles , p rovid lng that the prohibition applies to a1l devices designed to jam the speed-measurement devicesy rather than just radar-jamming devices. You have, on your desks, that was distributed r an advertisement -- an advertisement for sale of -- of a device called HLaser Zapper''. Now , this item is already against the 1aW in M innesota , Oklahoma or Washington , D .C . The advertisement cla ims that the devise is capable of -- capable of putting up a wall o f light that makes law enforcement's guns go blank -- the laser guns go blank . Excuse me . And these devicès - - rather than just banning devices on police radar, this legislation bans any jammlng devlce used to jam or interfere any speed-measuring device operated by a police officer. And I would hope that I see some suppo rt on this .
PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Senator Carroll . SENATOR CARROLL : ' Yeah. Question of the sponsor, if he would yield.
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates be w ill yield , Senator Carroll.
Senator Dudycz, we found these on our desks and wonderlng if you were takin: orders for them .
PRESIDING OFFICER: (SENATOR MAITLAND) Sena tor Dudycz .
No . l18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7, 1997
PRESIDING OFFICER: (SENATOR MAITLAND) Purther d iscussion? Senator Jacobs.
Thank you, Mr. Chairman, Ladies and Gentlemen of the Senate .' To the b111 : You know , this appears to be a tremendous anticonsumer btll . If you lcok at the handout that we have received , the manufactured retail prlce is three fo rty-nine ninety-nine . Then it was na rked down to one seventy-nine ninety-nlne , because they 're buying them up like hotcakes, and now they dre down to a hund red and fo rty-nine ninety-nine . I Would suppose that next week they 're going to be ninety-nine ninety-nine . So I don 't know if this is a gocd bill or no t, but it appears that we 're going against the best Wishes of the consumer if we vote for thls piece of leg islation.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? Seeinq none , Senator Dudycz, to close .
Well, just to answer Senator Jacobs. This -- this article, or this item that is being sold , the company that sells cannot sell it in its oWn state , in M innesota . It 's -- M innesota , Oklahcma and District of Columbia have the right idea . I th ink that we ought to g ive 1aw enforcement the tools they need to enfo rce the laws that they are sworn to upho ld , and I would seek your affirmative support.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 936 pass. A1l those in favor , vote Aye . Opposed , vote No . The voting is open . Have a1l voted who w ish? Have al1 voted who Wish? Have all voted who wish? Take the reco rd . On that questlonr there are 56 voting Yes, no voting No , no votlng Present . Senate Bill 936, having received the required constitutional majorityr is declared passed. Senate ll9 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 , 1997 Bill 937 . Senato r Peterson. M r.'secretary , please read the bill.
Senate Bill 937 . (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER : (SENATOR WATSON) Senator Peterson .
Thank youy Mr . President and Members of the Senate . Under current law , a property taxpayer may claim a general homestead exemp tion in an amount equal to the increase since 1977 in the assessed va lue of a residential parcel . The maximum in downstate countles is tbirty-flve hundred ; in Cook County , it 's forty-five hundred . Currently there 's no unlform method among counties as to the application of this exemption . Some requ ire applications, some don't. Scme calculate the increase since 1977. Some just give the full deduction immediately upon app licaticn . This bill would make the general homestead exemptlon a flat amount - either thirty-five hund red or forty-five hundred - to be given when the person qualifies .
PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Any d iscussion? Seeing none , the question is , shall Senate Bill 937 pass. A l1 those ln favor, vote Aye . Opposed , vote No . The voting is open . Have all voted who wish? Have a1l vo ted who wlsh? Have all voted who wish? Take the record . On that question, there are 57 voting Yes , no voting No , no voting Present. Senate Bill 937 , havin: received the required constitutional majority, is declared passed. Senate Bill 942. Senator D illard . Out of the reco rd . Senate Bill 949 . Senator Rauschenberçer . M r. Secreta ry , please read the bill.
Senate Bill 949 . . l20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997 (Secretary reads title of bill) 3rd Read ing of the bill .
PRESIDING OFFICER : (SENATOR WATSON) Senator Rauschenberger.
Thank you, Mr. President and Ladies and Gentlemen of the Senate . Senate Bill 949 authorize the -- authorizes the ICC to promulgate rules appltcable to competitive telecommunication rates and servlces . In addition , it changes the sunset date on the Act from 7/1/97 to 7/1/99. This is a ICC Commission bill. It extends for two years their right to regulate access cha rges like those cha rged at hotels , motels and pay phones from that controversy we had several years ago where they were cha rging two and four and five dolla rs to access long distance calls, or even to access credit ca rds. It 's a technical bill . I 'd app recia te your favorable support .
PRESIDING OFFICER: (SENATOR WATSON) Is there any discusslon? Any discussion? Seeing none, the question is , shall Senate Bi11 949 pass . All those in favo r, vote Aye . Opposed , vote No . The voting is open. Have all voted who wish? Have all voted who w ish? Have a1l voted who wish? Take the record . On that question y' there are 56 voting Yes, no voting No y no voting Present. Senate Bill 949 , havln: received the required constitutional majority, is declared passed. Senate Bill 951. Senator Parker. Mr . Secretary , please read the bill .
Senate Bill 951. (Secretary reads title of b11l) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR WATSON) Senator Parker.
STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 , 1997 Thank you, Mr. President r Ladies and Gentlemen of the Senate . Over twenty-five years a:o was when the first handicap spaces were put in r as far as being pa rt of parking lots for restaurants , et cetera . What has happened is r with the ADA , now the people can get around, the disabled , and go to shopping centers and restaurants, because things are accessible . So many of these spaces are taken . What 's occurring is ind ividuals a re abusing and m isusing disabled persons ' parking privileges, and that is inc reasing . Senate Bill 95l enhances the protections for those who legally possess persons with disabilities license plates and placards and cracks down on those Who abuse pa rkin: for the d isabled through changes in the Illinois Vehicle Code and adm inistrative changes . Senato r Carroll is also on the bill with ne , and he had a b ill that was sim ilar that tncorpo rated a lot of changes, and these changes are included in Senate Bill 951 . I ask for a favo rable vo te and will answer any questions .
PRESIDING OFFICER: (SENATOR WATSON) Are there any questions? Any discussion? Senator Welch.
I have a question of the spohsor.
PRESIDING OPFICER: (SENATOR WATSON) Sponsor lnd icates she dll yield r Senator Welch .
This says that the law Will require persons to show an ID card, if requested by a law enforcement officer, to verify that they are authorized holder of a disabled parking placard . Sor the senior citizens are now goinq to be -- not senior citizens, but disabled citizens are going to be subject to a neW type of offense . Police can basically stop them and ask them for their p roof that they dre d isabled when they 're at our shopping malls , when they pull up and park in a -- in a disabled spot? The -- the local -- I imagine the local security guard , the guy that they l22 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 hire for eight bucks an hour, can now start enforcing this, is the ma in idea here . And he can stop any senlor citlzen who parks in one of these disabled spots and ask him to show an ID , but he can't ask anybody else . Anybody who is not disabled doesn 't have to show anything , but if you 're disabled , you can be seopped and required to show identification . Is that that is what this law says, isn 't it?
PRESIDING OFFICER: (SENATOR WATSON) Senator Pa rker .
The intent of this bill is to verify that a person parking in the pa rking place is the person who is disabled and belongs to that motor vehicle , so that if they, you know , are parking there and they are able-bodied, and they are just using this car and they really are not the person who has applied and has the applicaelony then they are subject to a fine.
PRESIDING OFFICER: (SENATOR WATSON) Senator Welch .
Well: what -- wha' t drive to the mall and I have a disabled person in my car and they get out and -- to walk in the mall during the winter, and I'm sittlng in my car? I'm subject to belng stopped by the -- by the toy cop at the mall and asked for my identificatlon. Oh, well, thaE 's what you call 'em . Don 't give me that .
PRESIDING OFFICER: (SENATOR WATSON) Senato r Pa rker.
Senato r, certainly somebodg would understand that you have dropped off the disabled person and they are at the shopping mall . The purpose of this bill is to ge* to those people who are very able-bodiedr who park in these parking placesy take them up from l23 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 the disabled , and then go in and shop and then come back . And these -- this will be very effective .
PRESIDING OFFICER : (SENATOR WATSON) Further discussion? Senator Welch , mo re about toy cops .
Welly in her area , they dcn 't have those . Tbey pay better : apparently. But 1et me just say that, you know, this is subject to know it -- it sounds like a g reat idea , but some of these guys tha t these malls hire are -- are are so th rilled with having a badge, and some authority that their whole life consists of chasing teenagers, and noW they've got an extra job to do. And I think that they 're go ing to get carried away . So I th ink that letting private ind ividuals enfo rce this may not be a good idea , or the loca l -- local vig ilante cop at the mall.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Carroll .
Thank you , Mr. President r Ladies and Gentlemen of the Senate . As Senato r Parker said , I had also introduced leg islation this year that we have merged into this . had been the original sponsor of the handicap parking legislation . And as we d id we found more and mo re abuses of it, and eherefo re had eo keep tightening it up . think Senator Welch made a m istake, however. If you read the Act as promulgated here, it says, '' a laW enfo rcement officer''. So toy cops are -- are toy law enforcement officers, not full-fledged ones. So it's only the full-fledged ones who 'd be able to give it. And if you had heard the testimony in comm tttee, they were talking about , at one polntr the idea of maybe putting photo ID or something on these permits . The fear of the disabled Was that they m ight then be prey to muggers and so on who would go down the street and see a picture and then maybe find them somewhere else . The point of it is that they have to 124 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March l7 , 1997 register now y and then the actual pollce would have the ability to go check on the computer and see who it is registered to . It is lawful for you to be drlvlng someone and parklng there if you are assistlng them , and that is one of the thlngs they can find out. What they 're looklng fo r by doing that, most oftenr are fraudulent ones, ones that have either been forged or stolen or sold , and that the license plate bears no relationship to the person to whom it was granted . So I think that 's been covered , and I would u rge support.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Geo-Ka ris .
Sponsor yield for a questicn?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she 'll yield , Senator Geo-Karis .
First of all , order to have a dlsabled ca rd , we have to get, of course r a doctor statementr also , and get the card from the Secretary of State . And some of us have a dlsab ility . What Want to know is , as lonç as we have the d isabled card , ' which has our number on hanging in our car , do we have to carry some other ca rd to p rove that we have a disabllity , or is that good enoush? A11 they have to do is check the number on the hanging placard in our car .
PRESIDING OFFICER: (SENATOR WATSON) Senator Pa rker .
No y Senator. You only have to have that placard . You don 't have to have any additional info rmation .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Link. SENATOR LTNK ) 125 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997 Yes . Will the sponso r yield?
PRESIDING OFFICER : (SENATOR WATSON) Sponsor indicates she 'll yield , Senator L ink.
I'm standing up here in stron: support of this , Senator Parker, as we have discussed this matter numerous amount of times . I stand in front of you as someone whose spouse is a disabled person who needs that handicap pa rking spot. And we have found numerous violations in our area, and would stand in strong support to make sure th is happens . And thlnk if we could stiffen the penalties even more, I think it 's time we do it , and think it 's long -- long overdue, and I commend you on this .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Hawklnson.
Thank you , M r. President . Sponsor yield fo r a question?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she 'll yield , Senator Hawkinson .
Senator, I -- too, rise in support of your bfll, but having heard the debate in committee and then heard some of the questions now , there are two lssues that I think that are -- have confused the Body . The flrst, you indicated , believe to Senator Geo-Ka ris, that there 'd have to be no additional ID . A s understood the explanation from Secreta ry Ryany there would be a number on the placard Which would correspond to anothe r ID , so that it would be capable of verification . Is that not correct?
PRESIDING OPFICER: (SENATOR WATSON) Senator Parker.
I m isunderstood . That is correct . Xou have the -- that number on the placard . l26 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7r 1997
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.
And secondly , as to the issue of Who can enfo rce this r you have another excellent piece of legislation that will allow fo r certification of volunteers tc be able to enforce this o rdinance . Have you meshed these two so that your current bill would allow for those certified volunteers to do the same things : o r not?
PRESIDING OFFICER: (SENATOR WATSON ) Senator Parker .
No . That is a separate bill. This is for 1aw enforcem ent officers, and the otherr as fa r as the first, as Senator Welch <as talking about, is on another bill. Tha t's Senate Bill 225 .
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson .
Will that legislationz howevery assuming it is passed later in the week or later in the Sessionr will that legislation hook into this legislation so that those volunteers will enforce these provisions as well as ehe oeher provisions of the Act, or not?
PRESIDING OFFICER : (SENATOR WATSON) Senator Parker .
These provislons here probably go a little bit beyond What the volunteers Would be doing r but they also Would be : you know , ticketing or they would -- 225 is a separate issue , but these -- these issues in here go beyond wha t the volunteers Would be dolng .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Burzynski. Senator Burzynski. Turn -- turn his gentleman 's light out, please . Further d iscussion? Senator de1 Valle . l27 STA TE O F IL LINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 , 1997 SENATOR dEL VALLE : Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor ind icates she 'll yield . SENATOR dEL VALLE : Senator, this bill also removes not-for-profit organizations from use of disabled decals or devices. Does the current law allow fo r no t-for-profits to obtain the -- the perm its, and if so , then what we do in a case where you have a not-for-profit utilizing an agency vehicle to transport disabled individuals to shopping centers o r grocery sto res , et cetera , as a service that 's p rovided by the no t-fo r-profit? Why a re we removing them from the current law?
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
Can you repeat ycur question, please?
PRESIDING OFFICER: (SENATOR WATSON) Senator del Valle . SENATOR dEL VALLE : My analysis ind icates that this bill removes not-fo r-profit organizations from the use of decal's. So what I understand th is to mean ls that they can -- currently they can cbtain these from the Secretary of State , but your bill would say that they couldn dt . Some not-for-profits transpo rt disabled individuals on shopping tripsr et cetera . Does this bill , then, not allow them to obtain the permits necessary so that they can park in a handicap spot?
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
I 'm so rry. can 't answer your question . that is not 128 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March l7, 1997 part of my analysis .
PRESIDING OFFICER: (SENATOR WATSON) Senator del Valle . SENATOR dEL VALLE : I -- I'm in support of the bill, but: Senator Parkerr could we look at thls issue, and if it 's correct, can we look a t it in the House , maybe?
PRESIDING OFFICER: (SENATOR WATSON) Senator Pa rker.
I would be happy to do that. That is not a part of my analysis . So your question is something that have not addressed . I don 't think that that is -- that that has any effect on -- that this b1ll has any effect on that . Certainly we would Want people to be transpo rting people wlth disabilities . So don 't know if that 's correct or not , but certainly we will answer that question over in the House .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Fawell.
Thank you very nuch . Secretary of State actually asked khaE this bill be -- be placed on the .Floor, just because of the fact tbat so many people have violated what the intent of those disablllty plates and -- and parking decals were . This bill passed out of the Education -- I 'n sorry , out of the T ransportation Committee with absolutely no dissenting votes . think a lot of us feel this is long overdue because of the -- the fact that -- tha t people have been taking advantage of these b0th the plates and the decals. I think it's a good bill: and would suggest we al1 vote Aye .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing none , Senator Parker , to close . l29 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997
Thank you , Mr. President . This is an excellent bill for the people with disabilities . It is supported by the Coalition for Peop le With Disabilities and is very important to them . The other blll I have comlng up , 225, which w1l1 be up this coming week : wh ich also addresses volunteers ticketing , is -- was the main number-one issue for the people with disabilities last year . It is a long time coming where we need to enforce , and strongly enforce , people who are very rude , who take advantage of people w ith disabilitles, senlor citlzens who need those parking p laces . And I urge a favorable vote .
PRESIDING OFFICER: (SENATOR WATSON) The question is# shall Sena te Bil1 951 pass . A1l those in favor, vote Aye . Opposed , vote No . The voting ls open. Have all voted who wish? Have a1l voted who Wish? Have a1l voted who wish? Take the record . On that question, the re a re 53 voting Yes, voting No , no vo ting Present. Senate Bill 951 , having recelved the requlred constitutional majority, is declared passed. Senate Bill 953 . Senato r Geo-Karis . Out of the record . Senate Bill 954. Senator Fawell. Mr. Secèetary: please read the bill.
Senate Bill 954 . (Secretary reads title of bill) 3rd Readlng of the bill .
PRESIDING OFFICER : (SENATOR WATSON) Senator Fawell .
Thank you very much . This is also offered at the request of the Secretary of State . As We all know , When persons are drivkng vehicles which weigh ten thousand pounds or mo re , they must have a commercial driver 's license . Right noW the license can be taken away if the CDL holder is -- refuses to take a DUI test, or is l30 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 convicted of a DUI, and or has a conviction of drug offenses. This b ill would provide that if he is convicted of a second conviction, that he will not be able to have a CDL license in the State of Illino is .
PRESIDING OFFICER: (SENATOR WATSON) Discusslon? Further discussion? Senator Hawkinson.
Thank you , M r. President . Will the sponsor yield fo r a question?
PRESIDING OFFICER : (SENATOR WATSON) Sponsor indicates she 'll yield , Senator Hawkinson .
Senator, is this prospective or does it count past disqualiflcations? In other wo rds , after this laW becomes effective, is it two disqualifications from that date onr or does somebody who -- who currently , perhaps : have two disqualifications , would they automatically be ba rred for life?
PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.
I believe it's prospective. It's -- it's -- it do:sn't take effect until January lstf 1996 (sic) (1998). My assumption, it's prospective .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Jacobs. Further discussion? Senator Collins .
Senator Geo-Karis -- I mean -- I 'm sorry . Senator FaWell, 1et me understand this.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor ind icates she 'll yield , Senato r Collins .
STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg tstative Day March 1997 If -- if you lost -- lf you made your living by driving , we 're talking commercia l vehicles buses, large trucks, whatever - temporarily you was disqualified you r llcense -- from having a license to do so , and ten , fifteen years later you had an accident or something that could have been contributed to your fault ar whatever, and you lost your licensey or after having X number of tickets, are you saying that if the offenses was no t -- are you talking where someone is hurt? What -- what disqualifies them to lose their license? W111 they lose their vehicle license after so many tickets, just as the passenger car driver?
PRESIDING OFFICER : (SENATOR WATSON) Senato r Fawell.
This is only for those drive rs who are convicted of a DUI the second time , or a -- under a drug charge a second time . They fve already had thelr one chance and they screwed up , and they 're d riving a big vehicle .
PRESIDING OFFICER : (SENATOR WATSON) Further d iscussion? Furthe r discussion? Seeing none, Senator Fawell, to close .
I would so lic it an Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 954 pass. A ll those in favor, vote Aye . Opposed , vote No . The voting is open . Have a1l voted who wish? Have al1 voted who wish? Have all vo ted NhO wish? Take the record . On that question , there are 55 voting Yes , no voting No , no voting Present . Senate Bill 954, havin: received the required constitutional majority, is declared passed. Senator Fawell r on Senate Bill 955 . Mr. Secrekary y please read the bill .
STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch 1997 Senate Bill 955. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.
Thank you -- thank you very much . Th is is strictly a technical bill . We find tha t the -- it 's offered by the Secretary of State , and he found out that the Vehicle Codes Were in conflict with each other. This merely clarifies the -- the Vehicle Code .
PRESIDING OFFICER : (SENATOR WATSON) Is there any d iscussion? Senator Jacobs .
Yeah . Would the spcnsor yield , please?
Sponsor indicates she 'll yield , Senator Jacobs.
Is thls a fee increase , then, Senator?
PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell .
No . Actually What 's happened is, at one time y the Secretary Was charglng a fee of three dollars for reclassification of registration, and then , in ano ther Section of the Code , he it Was raised to five . He 's been changing -- he 's been charging the five since -- since he's been in office, and he found this conflict. That 's all.
PRESIDING OFFICER: (SENATOR WATSON) Fu rther discusslon? Senator Welch .
Question of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) l33 O STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17, 1997 Sponso r indicates she 'll yleld y Senator Welch .
Senator Fawell , are there any other a reas the Secretary is charging more than the statuto ry fee that We can flnd , or -- or ls this the neW way to raise revenue for the Road Fund?
PRESIDING OFFICER : (SENATOR WATSON) Senato r Fawell.
It was already raised in one Section of the Code . Just making it so that both Sections read the same .
PRESIDING OFFICER : (SENATOR WATSON) Furthe r discussion? If not , Senator Fawellr do you Wish to close?
Just -- just solicit an Aye vote.
PRESIDING OFFICER : (SENATOR WATSON) A1l those in favor of Senate Bill 954 (s1c) will vote Aye. Opposed, vote No . The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a1l voted Who Wish? Take the record . 0n that qdestion, there 54 voting Yes, 1 voting No , no voting Present . Senate Bill 955, having received the required constltutional majority, is declared passed. Senate Bill 999. Out of the record . Senate Bill 1000 . Senator Philip . Senator Pate Phllip . Out of the record . Senate Bill 1001 . Senator Rauschenberqer. Out of the record . Senate Bill 1019 . Senator Rarp iel. 0ut of the record . Senate Bill 1024. Senato r Severns . Please read the blll , Mr . Secretary .
Senate Bill 1024 . (Secretary reads title of bill) 3rd Reading of the b ill.
PRESIDING OFFICER: (SENATOR WATSON) l34 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legiskattve Day March l7 y 1997 Senato r Severns .
Thank you : Mr. President, Members of the Senate . With the passage of the federal Welfare reform bill, each state is required to have a new hire -- new hire repc rting system in place by October 1st , 1997 . This system w ill ultlmately feed into the federal Parent Locator Serv ice . It is an attemp t to get at the evasion of paying child support, which has amounted to - at least based on Senator -- former Senator Kustra 's report thirty-five billion dollars nationw lde , and it affects some eighteen million children. This b111 reflects identically the Kustra task force report on this issue. know of no opposition, and I would urge a favo rable roll call .
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discusslon? Seeing none , the question is, shall Senate B lll 1024 pass . those in favor , vote Aye . Opposed, vote No . The voting is open . Have al1 voted who Wish? Have all voted who wish? Have a11 voted who w ish? Take the record . On that question , there 56 voting Xes, no voting No , no voting Present . Senate Bill 1024, having received the required constitutional majority, is declared passed. Senate Bill 1031. Se nator Burzynski. Senato r Burzynski, on 1031. Excuse me . Out of the record . Senate Bill 1038. Senator Cullerton . Mr. Secreta ry, please read the bill.
Senate B ill 1038. (Secretary reads tltle of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton .
Thank you y Mr. President, Members of tbe Senate . This bill 135 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7: 1997 comes from the Chicago Bar Associa tion condominium law section. It's a very simple bill. It just clarifies the fact that the term Hco-op '', which is normally used to -- in condom iniuns to describe the residential housing r they can use the term ''co-op'v and it's not it would not be ln violation of the Business Corpo ration Act, Which p rohib lts corpo rations from using the term ''co-op '' unless they eomply with the provisions of that Act. It's just nothing but a clarification that they -- the co-ops are d ifferent than the co-operative as organized under the Business Corpo ration Act. Would ask for an Aye vote .
PRESIDING OFFICER: (SENATOR WATSON) Dlscussion? Further discussion? Senator Geo-Karis.
Will the sponso r yield for a question?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he 'll yield , Sena tor Geo-Ka ris.
How can you please define the difference, for the advocation of all of us , of a co-op building as to a condom inium ? Is -- there any -- there is a difference. Could you give us the difference?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton .
Yes . Co-ops sell shares to their owners and they form a corporation . And I also believe that they do not have mortgages , as I recall. And condominiun s, cf course , is more typical like a homeowner, where you can have a mortgage and the like.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Pawell.
Will the sponsor yield for a question? l36 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997
PRESIDING OFFICER: (SENATOR WATSON) Sponso r lnd lcates he 'll yield r Senator Fawell .
Senator , you used to have a Rep resentatlve tbat did a1l this work rather constantly. Are you planning on taklng his job over for him ?
PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton .
Yes. We took care of fo rmer Representative Ellis Levin y and he 's currently retired .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discusslon? If not, Senator Cullerton, to close .
Appreciate an Aye vote .
PRESIDING OFFICER : (SENATOR WATSON) Question is, shall Senate Bill 1038 pass. Al1 those in favor: vote Aye . Opposed , vote No . The voting is open. Have a1l voted who wish? Have a1l voted Who Wish? Have a1l voted whb wish? Take the record . On tha t question, there are 57 voting Yes , no voting Noz and no vo ting Present. Senate Bl1l 1038, having received the required constitutional majorlty, is declared passed. Senate Bill -- or, 1043. Senator Geo-Karis. Out of the record. Senate Bill 1044 . Senator Geo-Karls . Out of the record . Senate Bill 1045. Senator Geo-Karis. Out of the reco rd . Senate Bill 1059 . Senator Parker . Out of the record . Senate B (ll 1G70 . Out of the record . Senate Bill 1075. Senator Severns . Mr . Secretary , please read the bill .
Senate Bill 1075. (Secretary reads title of bill) STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March l7, 1997 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senato r Severns .
Thank you , Mr. Presidentz Members of the Senate . Senate Bill 1075 simply tries to make automatic the thirty-five-hundred-dollar homestead exemption that our residents should receive . Right now Cook County and , I'm told , W innebago County p rovide th is automatically . There are a 1ot of homeowners that don 't recelve this average two-hundred-and-sixty-four-dollar exemptionr because they don 't know they have to go through the application process to receive it. This just saysr since We passed it along time ago, We ought to make it automatic . It passed out of the Revenue Committee on the -- on the Agreed Bill List , and know of no opposition . Would u rge the favorable vote. Thank you .
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the questlon is , shall Senate Bill 1075 pass . A11 those in favor , vote Aye. Opposed, vote No . The votlng is open. Have a1l voted who wish? Have all voted Who wish? Have all voted who Wish? Take the record ? On that question , there are 57 voting Yes, no votlng No , no voting Present. Senate Bill 1075, having received the required constitutional majority, declared passed. Senate B ill 1094. Senator O 'Daniel. Please read the b ill, Secretary .
Senate Bill 1094. (Secretary reads title of bl1l) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR WATSON) Senator O 'Daniel.
138 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Leg islative Day March 17, 1997 Thank you, Mr. President, Members of the Senate . Senate Bill 1094, as amended , exempts the requirement that cemeteries have to file a yearly affidavit. There 's several -- this is everywhere except Cook County . You night remenber a couple of years ago I passed this out of here w ithout any dissenting votes y and then it got over in the House and -- Cook County had some problem with So this time We exempted the -- Cook County out o f If you have any questtons, 1'11 attempt to answer them . This Was brouqht to me by some people from downstate where there 's a 1ot o f small cemeteries that hardly no one maintains, other than just some relatives or -- or neighbors o r someone, and this creates them a p roblem to have to file an affidavit eve ry year fo r not-fo r-profit status. Have any questions, 1 111 attempt to answer them .
PREJIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none , the question is , shall Senate Bill 1094 pass. Al1 those in favor: vote Aye . Opposed r vote No . The voting is open . Have al1 vo ted who wish? Have all voted who wish? Have a11 voted Who Wlsh? Take the record . On that question , there are 57 voting Yes , no voting No , no votlng Present . Senate Bill 1097, havin: recelved - - 1094, having recelved the required constitutional majorlty, is declared passed . Senate Bill 1097. Mr. Secretary y p lease read the bill.
Senate Bill 1097 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senato r Dillard .
Thank you r Mr . President and Ladies and Gentlemen o f the Senate . This bill came out of the Jud iciary Comm ittee on the l39 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislatlve Day March l7y 1997 Agreed Bill List and provides that an association which is inco rporated pursuant to the General Not Fo r Profit Corpo ration Act shall have standing to sue when one or more of its members would otherwise have standing to sue in his or her oWn right provided that the lnterest it seeks to p rotect are germane to the assoc iation 's corporate purposes. This would bring Illinois in line With most othe r states and also proceed ings in federal court . T 'd be happy to answer any questions .
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Berman .
A question of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he 'll yield , Senator Berman.
My analysis says that the United Way ls opposed to this bill . Why? And is that the case?
PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard .
Thank you, Senator Bernan. I have a letter here from just a couple of days ago from the Unlted Way of Illlnois , clarifyinq that they 've now been told tha t the bill -- they 've been explained what the b1ll does, and it -- they have no opposition . In fact, the last sentence says, ''we will withdraw our opposition to Senate Bill 1097 .'' So , the United Way r now that they understand the -- the -- how innocuous this bill is, does not have a problem W ith And I know of no opposition .
PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.
You threatened to withhold your contribution. Tha t's probably l40 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 the answer. Thank you very much .
PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? Any further discusslon? If not, the question is : shall Senate Bill 1097 pass . A1l those favor, vote Aye . Opposed , vote No . The voting is open . Have a ll voted who wish? Have a1l voted who wish? Have al1 voted who Wish? Take the record . On that question , there a re 57 voting Yes , no voting No , no voting Present. Senate Bi11 1097 , having received the required constitutional majorityr is declared passed. Senator Parker, on Senate Bill 1099. Out of the record . Senator Cronin , on Senate Bill 1100 . Out of the reco rd . Top of paqe 21. Senate Bill 1101 . Senator Rauschenberger. Out of the record . Sena te Bil1 ... Senate Bl1l 1103 is a recall. Senator Severns Wishes to have leave of the Body to return Sena te B ill 1103 to the O rder of 2nd Reading fo r the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate B ill 1103. Mr. Secretary, have there been any Floor amendments app roved for consideration?
Amendment No . 1, offe red by Sena tor Severns .
PRESIDING OFFICER: (SENATOR WATSON) Senator Severns.
Thank you , M r. President, Menbers of the Senate . Floor Amendnent No , 2 is technical only , and I would urge its adop tlon .
PRESIDING OFFICER: (SENATOR WATSON) Is there any d iscussion? Seeing none , all those in favo r, say Aye . Opposed , Nay . The Ayes have it , and the anendment is adopted . Any further Floor amendments approved for consideration?
No further amendments repo rted .
PRESIDING OFFICER: (SENATOR WATSON) l4l STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March 17 : 1997 3rd Reading . Senatar Butlerz do you wish to have Senate Bi11 1108 returned to the Order of 2nd Reading fo r the purposes of amendment? The Senator seeks such leave. Is there any objection? Hearing none , leave is granted . On the Order of 2nd Reading is Sena ee Bill 1108. Mr . Secretary r are there any Floor amendments approved for conslderation?
Amendment No . offered by Senator Butler.
PRESIDING OFFICER: (SENATOR WATSON) Senator Butler.
Thank you very much , Mr . President . Thls amendment merely corrects a technical error that Was found the bill as was drafted . ask for your Aye vote .
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, a1l those in favor, say Aye . Opposed, No . The Ayes have and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDJNG OFFICER: (SENATOR WATSON) 3rd Readtng . Senate Bill 1118 . Senator Severns . M r. Secreeary , please read the bill .
Senate Bill 1118 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR WATSON) Senator Severns .
Thank you y Mr . President, Members of the Senate . Senate Bill l42 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997 1118 attempts to correct a void in the Munic ipal Code where it has been silent on what happens When a village president retires or steps down during their term of office . Unlike city councils where mayors -- when a vacancy occurs in the mayor 's office , the city council Ehen selects a replacement from that list of council members . is silent when it comes to village boards. It caused some havoc in one of our local villages in my Senate d istrict. And Working with the Municipal League and the villages, we have attempted to correct it by having the language identical to the procedu re used by city councils and mayors . A1l th is says is, if a villaqe president vacates their office during their term of office, the village board must replace that position with an existing boa rd member . There is no opposition, and 1 111 be happy to answer any questions . Would urge a favo rable vote .
PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Senator Geo-Raris .
Just a question of the sponso r.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor ind icates she 'll yield , Senator Geo-Earis .
Is there this has happened before, as you and I know .' Supposing they dre in the m iddle of a four-yea r term , would they have to have another election?
PRESIDING OFFICER: (SENATOR WATSON) Senator Severns .
- - silent on tbat: but it 's the same procedure used by the council. It simply says -- it simply goes to the appointment , and it says the appo intment must come from the sitting vlllage board members. It 's silent on that lssue .
PRESIDING OFFICER: (SENATOR WATSON) 143 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day Ma rch 17 , 1997 Further discussion? Senator Geo-Karis .
Perhaps , when you send it over to the House , they should go into that, because We had the situation where one of ny city council members died in the first year of hls term , and we appointed another one to replace him, but he had to run for office in the next term . So if you would lock into it, I 'd appreciate it .
PRESIDING OFFICER : (SENATOR WATSON) Is there further discussion? If not , the question is , shall Senate Bill 1118 pass . Al1 those in favor' vote Aye . Opposed , vote No . The voting is open . Have al1 voted who wish? Have al1 voted Who wish? Have a11 voted Who Wlsh? Take the record . On that questlon, there are 56 votëng Yes, no voting No , no vo ting Present. The lights went out . Senate Bill 1118 , having received tbe required constitutional majority, is declared passed. Mr. Secretary, have there been any motions filed? SECRETARY HARRY I Yes, Mr. President . Senator Donahue has filed , this date r a motion With respect to Senate Bill 689 .
PRESIDING OFPICER: (SENATOR WATSON) Mr. Secretary , the Cha ir requests that these motions' be printed on the Calendar. So ordered . We Will noW go to Executive Session for the purpose of advice and co nsent . M r. Secretary , Comm iteee Repo rts .
Senato r Petka , Chair of Ehe Committee on Executive Appointments , to Which Was refe rred the Governor 's Message of January 9 , 1997 , reported the same back with the recommendation that the Senate advise and consent to the following appointments .
PRESIDING OFPICER: (SENATOR WATSON) Sena tor Petka . l44 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislattve Day Mp rch 1997
Thank you , M r. President. I move the Senate resolve itself into Executive Session for purpose of acting on the Governo r's appointments set fo rth in his Messages of January 9th , January 23rd and Janua ry 29th .
PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? The question is, dces the Senate advise and consent ... You 've heard the motion . A ll those in favor , say Aye . Opposed , Nay . The Ayes have it . Senator Petka , we are now in Executive Session .
Mr . President, with respect to the Governo r's Message of January 9th , I w ill read the unsalaried appointments to which the Senate Committee on Executive Appointments recommends that the Senate do adv ise and consent : To be nembers of the Illinois State Board o f Education for te rms eo be drawn by lot, William E . Hill of Cha rleston: Henry (sic) (Harry) E. Litchfield of Coal Valley, James J. Palos of Chicago , Sand ra M . Pellegrino of Peoria . M r. President, havin: read the unsala ried appo intments of January 9th, I now seek leave to consider these appointments on a roll call. And , M r. President, will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR WATSON) Is there any d iscussion? Any discussion? Seeing none, the question is , does the Senate advise and consent to the nom inatlons just made. Those in favor, vote Aye. Opposed, vote No. The voting is open . Have a11 voted who wish? Have a1l voted Who W ish? Have all voted Who Wish? Take the record . 0n that question, there are 54 voting Yes r 2 voting No , 1 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the nominatlons just made. Mr. l45 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Leg islative Day March 17 r 1997 Secretary .
Senator Petka , Chairperson of the Committee on Executive Appointments, to Which was referred the Governor's Message of January 23rd , 1997, reported the same back With the recommendation that the Senate advise and consent to the follow ing appo intment.
PRESIDING OPFICER : (SENATOR WATSON) Senato r Petka .
Thank you , Mr. President . With respect to the Governo r's Message of January 23rd : W ill read the salaried appo intnents to which the Senate Committee on Executive Appointments recommends that the Senate do advise and consent: To be a member of the Court of Cla im s for a term ending January 20th , 2003 , Frederick J . Hess of Belleville , Illinois . M r. President, having read the salaried appointment, now seek leave to consider these -- this appointment on a roll call . And, Mr. President, Will you put the question as required by our rules?
PRESIDING OFFICER: (SENATOR WAYSON ) Is there any discussion? Any discussion? Seeing none , the question is, does the Senate advlse and consent to the nom ination just made. Those in favor, vote Aye. Opposed, vote No. The votlng is open . Have all voted who wlsh? Have al1 voted Who wish? Have all voted who wish? Take the record . On that questlon , there are 55 votlng Yes , no voting No , no votlng Present. A majority of the Senators elected concurrinq by record vote, the Senate does advise and consent to the nomination just nade . Mr. Secretary .
Senator Petka , Chair of the Committee on Exeeutive Appointments r to which Was referred the Governor's Message of 146 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 17 , 1997 January 29, 1997, reported the same back with the recommendaeion the Senate advise and consent to the followlng appointments .
PRESIDING OFFICER: (SENATOR WATSON) Senator Petka .
Thank you, Mr. Presldent. With respect to the Governor's Message o f January 29th , I w ill read the sala ried appointments to which the Senate Comm ittee on Executive Appointments recammends that the Senate do advise and consent: The Department of Ag ing . To be D irector of *he Department of Aging for a term ending January l8eh , 1999, Maralee 1 . Lindley of Springfield . The Department of Commerce and Communlty Affairs . To be Assistant Director of the Depa rtment of Commerce and Communtty Affairs for a term end ing January 18th , 1999 : Levi Mcore , of Chicago . Emergency Management Agency . To be the Dlrecto r of the Emergency Manaçement Agency for a term endin: January 18th y 1999 , John G . M itchell of O rland Pa rk . The Environmental Protection Agency . To be the Directir of the Envlronmental Protectlon Agency for a term ending Janua ry l8thr 1999e Ma ry A . Gade of Springfield, Illinols. The Department of Financial Institutions . To be the Director of the Department of Financial Institutions for a term ending Janua ry 18th , 1999 , Frank C . Casillas of Downers Grove . To be the Asststant Director of the Department o f Financial Institutions for a term endin: January 18th , 1999, Halina Bielow icz of Glenvtew , Illinois . State Fire Marshal . To be the State Fire Ma rshal for a term ending January 18th r 1999 , Thomas L . A rms eead of Sp ringfield . Depa rtment of Insurance . To be the Director of the Department of Insuranee for a term ending January l8th # 1999 , Mark STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March l7 , 1997 E . Boozell of Chatham . To . be the Assistant Director of the Department of Insurance for a term ending January l8th y 1999 , Madelynne L . Brown of Ch icago . Depa rtment of Labo r. To be the D irector of the Department of Labor for a term ending January 18th, 1999, Shinae Chun o f Riverwoods . To be Assistant Direc tor cf the Depa rtment of Labo r for a term ending January 18th , 1999, James H . McGrath of Springfield . To be the Chief Factory Inspector of the Department of Labo r for a term ending January 18th , 1999, Robert L . N icol of Edinburg . To be the Superintendent of Safety Inspection and Education of the Department of Labor for a term ending January l8th r 1999, Francis Mon of Skokie. Department of Natural Resources . To be the Director of the Department of Natural Resources for a tern end ing January 18th , 1999: Brent Manning of Pawnee . Depa rtment of Nuclear Safety . To be the Director of the Department of Nuclear Safety for a term end ing January 18 , 1999, Tom W . O rtciger of Flossmoor. Department of Revenue . To be the Director of the Department of Revenue for a term ending January 18th , 1999 , Kenny - - Kenneth E. Zehnder of Springfield . To be Assistant Director of the Department of Revenue for a term ending January 18th , 1999, Patricia S. Ma rriott of Springfield . The Department of Veterans ' Affairs . To be the D irecto r of the Department of Veterans ' Affairs for a term ending Janua ry 18th , 1999 , Robert Foster of Gira rd . To be Assistant Director of the Department of Veterans ' Affairs fo r a term ending January l8 , 1999, George Cramer of 148 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 24th Legislative Day March 1997 Woodrldge . M r. President, having read the salaried appo intments, I noW seek leave to consider these appo intments on a roll call . And , M r. President , w ill you put the question as required by our rules?
PRESIDING OFFICER : (SENATOR WATSON) Is there any d iscussion? Any discussion? The question is, does the Senate advise and consent to the nominatlons just made. Those in favor, vote Aye . Opposed r vote No . The voting is open . Have a11 voted Who wlsh? Have al1 voted who wish? Have all voted who w ish? Take the record . On that question , there are 56 -- pardon me -- 57 voting Yes, no voting No , no votinç Present . A majority of ihe Senators elected concurring by record vote, the Senate does advise and consent to the nominattons just made. Senator Petka .
M r. President, move that the Senate arise from Executive Session.
PRESIDING OFFICER : (SENATOR WATSON) You have heard the motion . Those in favo ry say Aye . Opposed , Nay. Motion carries. Senator O 'Malley, for What purpose do you rlse?
For purposes of announcement , Mr . President .
PRESIDING OFFICER: (SENATOR WATSON) Yes, state your purpose .
The Einancial Institutions Comm ittee W ll1 meet immediately following our Session this afternoon , in Room 400 , to consider three pend tn: amendments .
PRESIDING OFPICER: (SENATOR WATSON) Sena tor Sieben r for what purpose do you rise?
149 STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March 1997 Fo r the purpose of an announcement.
PRESIDING OFFICER: (SENATOR WATSON) Yes. Proceed.
The Senate Ag Committee Will meet in A-1 in the Stratton Office Buildlng in app roximately Ewenty m inutes . There will be one conmittee. I think the Government Operations Committee will meet ahead of us . So # immediately following the Government Operations Committee , the Senate Ag Committee will be meeting in in the Stratton Office Build ing .
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson, for what purpose do you rise?
For purposes of an announcement, Mr . President.
PRESIDING OFFICER : (SENATOR WATSON) Proceed .
Tomorrow norning , at 9 a .m .r the Senate Judicia ry Comm ittee will be meeting in Room 400. a .m . tomo rroW Rorning , Room 400 .
PRESIDING OFFICER: (SENATO; WATSON) Senator Fitzgerald, for what purpose do you rise?
Yes . We are golng to cancel the State Government Operations Committee meeting seheduled this afternoon, and we'll just have one meetin: later this week to consider two Floor amendments . I didn't want to go ahead and have a meeting with just one Floor amendment riçht now . So no State Government Operations Comm ittee meeting this afternoon . Thank you .
PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben , for what purpose do you rise?
For a second announcement on the Ag Committee . Hearing of the l50 STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 24th Legislative Day March l7 , 1997 cancellation of the Government Operaticns Comm ittee , the Ag Committee will meet immediately upon adjournment in Room A-1.
PRESIDING OFFICER: (SENATOR WATSON) Is there any further business to come before the Senate? If not, Senator Burzynski moves that the Senate stand adjourned until 10 a .m ., Tuesday , March 18th . Happy St . Patrick 's Day . l51 REPORT: TIFLDAY STATE OF ILLINOIS 97/07/31 PAGE: 001 90TH GENERAL ASSEHBLY 12:39:44 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX HARCH 17, 1997 HB-0072 FIRST READING SB-0005 SECOND READING SB-0006 SECOND READING SB-0007 SECOND READING SB-0009 SECOND READING SB-0085 SECOND REàDING SB-0140 SECOND REàDING SB-0165 SECOND READING SB-02O9 SECOND READING 58-0287 SECQND READING SB-0351 SECOND READING SB-035i SECOND READING 58-0366 SECOND READING 58-0372 SECOND READING SB-03T4 SECOND READING SB-0381 SECOND READING :8-0381 0UT OF RECORD SB-040R SECOND READING 58-04:5 THIRD READING SB-0450 THIRD READING 58-0452 THIRD READING 58-0454 SECOND READING SB-0R65 THIRD READING SB-0q76 SECOND READING 58-0:83 SECOND READING SB-048M THIRD REâDING SB-0R96 THIRD READING SB-049T THIRD READING SB-0500 THIRD READING 58-0508 THIRD READING 58-0528 THIRD READING 58-0531 SECOND REZDING 58-0537 THIRD READING 58-0548 THIRD READING SB-0550 THIRD READING SB-0561 THIRD READING :8-0569 THIRD READING 58-0580 SECOND READING 58-0591 THIRD READING 58-0592 THIRD READING 58-0594 RECALLED 58-0595 THIRD READING sB-0600 SECOND READING :8-0603 THIRD READING 58-0605 SECOND READING SB-0610 SECOND READING :8-0618 THIRD READING SB-0645 SECOND READING SB-O648 THIRD READING 58-0657 THIRD READING 58-0658 SECOND READING 58-0659 SECOND READING SB-0667 SECOND READING 58-0677 SECOND READING 58-0684 THIRD READING 58-0689 THIRD REâDING 58-0689 MOTION FILED SB-068S DISCUSSED 58-0689 DISCUSSED 58-0693 THIRD READING 58-0707 SECOND READING 58-0709 SECOND READING SB-0T3M THIRD READING sB-0T37 SECOND READING REPORT : TIFLDAY STATE OF ILLINOIS 97/07/31 PAGE: 002 90TH GEHERAL ASSEMBLY 12:39:4% SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 1T, 1997 58-0738 THIRD READING SB-0740 SECOND READING SB-07R7 SECOND READING 58-0772 THIRD REàDING 58-0773 1B1A9 EENDING :8-0773 OTHER SB-07T7 SECOND READING SB-0780 THIRD READING 58-0785 THIRD READING 58-0789 THIRD REZDING SB-0791 THIRD READING SB-0T98 SECOND READING 58-0799 THIRD READING SB-0806 THIRD READING SB-0807 THIRD READING SB-0818 THIRD READJNG 58-0843 THIRD READING 58-0855 THIRD REâDING 58-0857 SECOND READING SB-G856 TBIE9 READING 58-0859 THIRD READING 58-0866 SECOND REâDING 58-0867 SECOND READING S8-0868 SECOND READING . 58-0869 SECOND READING SB-0870 SECOND READING SB-0871 SECOND READING 58-0872 SECOND READING SB-08T3 SECOND REâDING SB-087R SECOND READING 58-0875 SECOND READING 58-0878 THIRD READING SB-0897 THIRD READING SB-0901 THIRD READING 58-0902 SECOND READING SB-0909 THIRD READING SB-0918 THIRD REâDING SB-0920 THIRD READING SB-093k SECOND READING 58-0936 THIRD READING 58-0937 THIRD READING SB-09:9 THIRD REàDING SB-0951 THIED READING SB-095k THIRD READING 58-0955 THIRD READING 58-0959 SECOND READING :8-0996 SECOND READING SB-1005 SECOND READING SB-1007 SECOND READING SB-1008 SECOND READING SB-1010 SECOND READING SB-1011 SECOND READIHG SB-1012 SECOND REâDING SB-1013 SECOND READING SB-1014 SECOND READING SB-1015 SECOND READING SB-1016 SECOND READING SB-1c17 SECOND REâDING SB-1018 SECOND READING SB-1024 THIRD READING SB-1038 THIRD READING 58-1039 SECOND READING SB-1075 THIRq REâDING SB-1076 SECOND READING @ REPORT: TIFLDAY STATE OF ILLINOIS 97/07/31 PAGE: 003 90TH GENERAL ASSEMBLY 12:39:44 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 17, 1997 SB-109) THIRD READING PAGE 138 SB-109T THIRD READING PAGE 139 SB-1103 RECALLED PAGE 141 SB-1108 RECALLED PAGE 1M2 SB-1109 SECOND REàDING PAGE 2% SB-1118 THIRD READING PAGE 142 SB-1120 SECOND READING PAGE 2: SUBJECT MATTER SENâTE T0 ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-PASTOR LUNDEEN ' PAGE 1 PLEDGE OF ALLEGIANCE, LED BY SENATOR RALSH PAGE 1 JOURNAL-APPROVED PAGE 1 JOURNALS-POSTPONED PAGE 1 SENATE STANDS AT EASE PAGE 92 SENATE RECONVENES PAGE 92 COMMITTEE REPORTS PAGE 92 COHMITTEE REPORTS PAGE !4R EXECVTIVE SESSION PAGE 14) COMHITTEE REPORTS PAGE 146 ARISE FROH EXECUTIVE SESSION PAGE 1R9 ADJOERNMENT PAGE 151