The regular Session of the 90th General Assembly will please come to order. W ill the Members please be at their deskse and w ill the guests in the galleries please rise? Our prayer today w ill be given by the Reverend William Schroeder, Trinity Evangelical Lutheran Church , Springfield , Illinois . Reverend Schroeder.
(Prayer by the Reverend William Schroeder)
Please rise for the Pledge of A llegiance . Senator Sieben .
(Pledge of Allegiance, led by Senator Sieben)
Reading of the Journal . Senator Butler .
M r. President, I move that readin: an approval of the Journals of Monday , May 12th : Tuesday , May 13th 7 Wednesday : May 14th 7 and Thursday, May 15th , in the year 1997, be postponed , pending arrival of the printed Journals .
Senator Butler moves to postpone the readin: and the app roval of the Journale pend ing the arrival of the printed transcript . There being no objection, so ordered. Committee Reports.
Senator Hawkinson, Chair of the Committee on Jud iciary , reports Senate Amendment 1 to House Bill 66 Be Adopted; Amendment 2 to House Bill 70 , Amendments 2 and 3 to House Bill 279, Amendment 2 to House Bill 379 : Amendment 1 to House Bill 613, Amendment 2 to House Bill 1029, Amendment l to House Bill 1101, Amendment 2 to House Bill 1140, Amendment 2 to House Bill 1141, Amendment 2 to House Bill 1254, Amendment 2 to House Bill 1337, l STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May 16, 1997 Amendment to House Bill 1373 , Amendment to House Bill 1589 and Amendment 1 to House Bill 2152 all Be Adopted ; Senate Bill 12 -- 112, the Motion to Concur With House Amendment l Be Adopted; Senate Bill 113 , the Motion to Concur with House Amendment l Be Adopted ; and Senate Bill 587 , the Motion to Concur w ith House Amendment l also Be Adopted .
Messages from the House .
A Message from the House by Mr. Rossi, Clerk . Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit : Senate Bill 6, together with the following amendments, which a re attached z in the adoption of which I am instructed to ask the concurrence of the Senate: to wit: House Amendments l and 2 to Senate Bill 6 . Passed the House , as amended , May l5Eh z 1997. We have like Messaqes on the following Senate bills with House amendments : Senate Bill 25, with Amendment 1) 7l, with Amendments l and 27 80 , w ith Amendment 17 120 , with Amendment 17 237 , w ith Amendment 1; 304, with Amendment 1; 315, With Amendment 1 ) 368 , with Amendment 1 ; 423 , With Amendment 2) 433 , With Amendment 2) 437, with Amendment 17 454, with Amendments l and 2; 460, with Amendments l and 2: 475, With Amendment 17 529, with Amendments and 27 537, with Amendment 17 548, with Amendment 17 596, with Amendments 1, 2 and 3: 659, With Amendment 17 670, with Amendment 1: 710: with Amendments l and 2) 715, With Amendment 1: 777, with Amendments l and 27 780, with Amendment 12 837, Amendment 17 939, with Amendment 1: 954 , with Amendments l and 27 and 999, with House Amendment No . 1. Al1 passed the House , as amended , May 15th, 1997 . 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997
PRESIDING OFFICER: (SCNATOR DUDYCZ) I would ask a1l Members Who are still in their offices to please come to the Floor . Today is the final day for the Senate to consider substantive House bills on 3rd Reading . We will first be going through the Order of House Bills 3rd Reading for the purposes of recall . We will then go through the Calendar, House Bills 3rd Reading, one time and then we will adjourn for the week. So the intent of the Chair is to proceed to the Order of House B ills 3rd Reading on page 2 of today 's Calendar, and we would ask al1 Members to be prepared to debate their bills for the final time on 3rd Reading, because the Chair tntends to go through the Calendar -- Calendar one time and one time only . Once again , we a re going through the Calendarr House bills on the Order of 3rd Reading , for the purposes of recall, and then we w ill be going through the Calendar one more time for a final debate. Middle of page 2 are -- in the Order of House Bills 3rd Reading is House B ill 66 . Senator Karpiel , do you wish this bill returned to 2nd Reading for purposes of amendment? Senator Karpiel seeks leave of the Body to return House Bill 66 to the O rder of 2nd Reading for the purpose of an amendment. Hearing no objectionr leave is granted. On the Order of 2nd Reading is House Bill 66. Mr. Secretary , are there any Floor amendments app roved for consideration?
Amendment No. offered by Senator Karp iel.
PRESIDING OFFICER: (SENATOR DDDYCZ) Senator Karpiel.
Thank you : Mr. President. The amendment on House Bill 66 is - - becomes the bill Ehat I mentioned yesterday in passing House Bill l65 dealing with DCFS and permanency placements and termination of rights, the bill that was worked on by all the 3 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Leg islative Day May l6, 1997 various child care interest groups in the State . And this is the follow-up bill to that that cleans up the language that the State 's atto rneys had a p roblem with , as well as the some of the other -- some of the other qroups. 1 111 be qlad to go through it if you -- if you wish ; otherwiseg I ask for an Aye vote .
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not y a11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . House Bill 70. Senato r Dillard , do you Wish this bill returned to 2nd Reading fo r the purposes of an amendment? Senator Dillard seeks leave of the Body to return House Bill 70 to the Order of 2nd Reading for purpose of an amendment . Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 70 . Mr . Secretary , are there any Floor amendments approved for consideration?
Amendment No . 2, offered by Senator Dillard .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard .
Thank you , M r. President . This amendment does two things. It takes the dru: ketamine , which is offered by veterinarians : and moves it into a schedule on on the controlled substances list, like the veterinarians of the State have requested . So it 's technical in nature. It just moves it from one part of our Statutes to another, and then it also adds the drug GHB, and I would move its adoption .
PRESIDING OFFICER: (SENATOR DUDYCZ) 4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6e 1997 Is there any discussion? If not, all those in favor, say Aye. Opposed , Nay . The Ayes have it, and the amendment is adopted . Any further Floor amendnents approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . ...leave of the Body , we Will return later to House Bill 260 for the purposes of recall. House Bill 297. With leave of the Body , we will return to House Bill 297 for the purposes of recall. House Bill 379 . Senator Link, do you w ish this bill returned to 2nd Reading for the purposes of an amendment? Senator Link seeks leave of the Body to return House Bill 379 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 379 . Mr . Secretary r are there any Floor amendments approved for consideration?
Amendment No . 2, offered by Senator Link.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Link .
Thank you, Mr. President. This amendment is basically cleaning up this bill on a technical thtng to -- the Amendment -- No . is the request that -- amendment -- the amendnenty as requested by the Chair, that this amendment requires the people convicted of child abduction , which is involved in intentionally luring and attempting to lure children under the age of sixteen into a motor vehicle and other sexual offenses be added to the Sex Offenders ' Registration Act. would ask that we move fo r adoption on this .
PRESIDING OFFICER: (SENATOR DUDYCZ) A ny discussion? Senator Trotter. 5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997
Thank you very much , Mr. President. I don 't think there is anyone in th is Chamber who really who doesn 't feel like I do ... There 's no one in this Chamber who doesn 't feel like I do , that justice isn't swift enough nor harsh enough when you're dealing w ith sexual predators . We have had a rash in our State , and certainly in the City of Chicago, of children being abducted . This bill imposes harsher penalties , changes -- it takes it from a Class 2 felony to a Class 3 felony, and We would like to see its passage.
PRESIDING OFFICER: (SENATOR DUDVCZ) Any further discussion? If not, all those in favorz say Aye . Opposedz Nay . The Ayes have and the amendment is adop ted . Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDXCZ) 3rd Reading . House Bill 613. Senator Cullerton . Senator Cullerton , do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Cullerton seeks leave of the Body to return House Bill 613 to the Order of 2nd Readinq for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 613. M r. Secretary , are there any Floor amendments approved for consideration?
Amendment No . 1 , offered by Senator Cullerton .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Cullerton .
Thank you , M r. President, Members of the Senate . This amendment was approved by the Judiciary Committee yesterday . Makes a number of , really , technical changes to Sections of the 6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 Business Corporation Act. And it comes as a result of work from the Chicago Bar Association 's corporations comm ittee . I would move for its adoption .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, all those in favor, say Aye . Opposed : Nay . The Ayes have it, and the amendment is adopted . Any further Floor anendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . House B ill 1029. Senator Link , do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Link seeks leave of the Body to return House Bill 1029 to the O rder of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1029. Mr . Secretary, are there any Floor amendments approved for consideration?
Amendment No . 2, offered by Senator Link .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Link.
Thank you, Mr. President. What this will do will require that evidence -- a defendant , after a courk waives a prohibitive value in the evidence against undue prejudice of a defendant. This is sim ilar -- same thing :s -- that was in Senate Bill 5, Which was passed by this Body as a safeguard. I Would ask that this motion be approved .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, all those in favor , say Aye . Opposed , Nay . The Ayes have it, and the amendment is adopted . Any further Floor amendments approved for consideration? STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997
No further amendments reported .
PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading . House Bill 1101 . Senator Jacobs . Senator Jacobs, do you w ish this bill returned to 2nd Reading for the purposes of an amendment? Senator Jacobs seeks leave of the Body to return House Bill 1101 to the Order of 2nd Reading for purpose of an amendment. Hearing no objectionz leave is granted. On the Order of 2nd Reading is House Bill -- House Bill 1101. Mr. Secretary, are there -- are there any Floor amendments qpproved for consideration?
Amendment No . offered by Senator Jacobs .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs .
Thank you r Mr. President and Ladies and Gentlemen of the Senate . Senate Amendment l deletes the underlying bill, which is no longer needed because of an agreement made between the Attorney General and the State employees. This amendment is in response to a recent ruling by an Appellate Court which held that When a circuit court grants a victim of a crime a judgment for restitution, that court cannot order interest on the judgment. This strictly brings it into conformity w ith the rest of the interest that can be charged for orders of judgment, and it would allow for nine percent for the victims to be retained .
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any d iscussion? If not, all those in favor, say Aye . Opposed, Nay . The Ayes have it , and the amendment is adopted . Any further Floor amendments approved for consideration?
No further amendments reported . 8 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Leg islative Day May l6, 1997
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . House Bill 1140. Senator Cullerton . Mr. -- Senator Cullerton , do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Cullerton seeks leave of the Body to return House Bill 1140 to the Order of 2nd Read ing for the purpose of an amendment. Hearing no objection, leave is granted . On the O rder of 2nd Reading is House Bill 1140 . M r. Secretary r are there any Floor amendments approved for consideration?
Amendment No . 2, offered by Senator Cullerton .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Cullerton .
Thank you g M r. President, Members of the Senate . This amendment was also app roved by the Judiciary Committee yesterday , and deals with the eligibility for office . We had debated this bill on the Floor, took it out of the record , went back to committee with this amendment, then was approved by all the Members of the Judiciary Committee . What it says is that , if you lre a convicted felon , you cannot run for public office . This is the -- not the same amendment that we had on the bill before . This says if you are a convicted felon , you cannot run for any public office for State office, as well as municipal . Right now, you may recall, the law says municipal -- for municipal officese if you dre a convicted felon, you cannot run . This -- th is says it also applies to Governorr constitutional officers , as well as the ore the leg islative office . However, it also says that if you have been elected to a office and you have been -- had a conviction, that you are still eligible to run for office . Be happy to answer any questions .
PRESIDING OFFICER : (SENATOR DUDYCZ) 9 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 Is there any discussion? Senator Hendon.
W ill the sponsor yield for a ...
PRESIDING OPPICER: (SENATOR DUDYCZ) Sponsor indicates he w ill yield . Senator Hendon .
Explain that last part to us, Would you r Senator Cullerton? If a -- if a convicted felon is currently in office and then his term expires - his or her term exp ires - will they then , because they were convicted - they were in office at the time - will they then be able to run for any office? Or can they just -- will they just have to run for that same office again and again and again? Or could they then run for State 's attorney or Governor or whatever?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton .
They could run for any office .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Hendon .
So I want to understand , my good friend . Why in the heck are we doing this? I mean, why are we grandfathering in these people? Are we rewa rding them for holding office right now , even though theydve been convicted of very serious crimes? Why grandfather anybody in? If you dre going to say a convicted felon can 't run , this is like special interest leqislation for one alderman in the City of Chicago . Thank you , Mr. Chairman . Why would we -- Why are you grandfathering in the -- the -- the alderman?
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Cullerton .
10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 We 're not grandfathering in any one particular person . There is a Member, who we 've d iscussed in this last tine we debated this bill, there 's a Member of the House of Representatives, who 's sitting over in the House right now , who is a convicted felon r who was elected to the Illinois General Assembly . And , quite frankly , I spoke to him about this measure , and if this was the law when he was a candidate, well , he wouldn 't have been able to be a candidate . And I discussed with him , specifically , this particular legislation and told him that what I was doing was to pass a bill that would say that convicted felons cannot run for State Representative . Now , I think , personally r by the fact that that person was elected, he should have the right to run for reelection. And that 's what this grandfathering in does. If -- if the people have voted and -- and have allowed someone to serve , then this stands for the proposition that they can do so . But what this bill does is -- I listened to the debatey and I listened to your debate and you were very concerned about having convicted felons hold public office, and what this bill says is that convicted felons cannot run for State Representative , for State Senator, for Governor, for the constitutional offices . And that 's what this bill does .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Hendon .
Thank you, Mr. Chairman. understand that -- that part of your logic, John . I -- I really -- I really do . What I do not understand is why we are -- and you keep referring to this poor, little State Representative , when he can currently run, when we know this is about an alderman in the City of Chicago. When you 're elected alderman of the City of Chicago , don 't you get a -- a badge and the right to carry a gun because you are a -- considered a law enforcement officer? STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16 r 1997
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton .
I don 't know .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hendon.
Let me just educate the Body a little bit in why I believe it 's different about an aldernan than it is a State Rep . I Was elected alderman. The first thing they did was give me a badge . They gave me a badqe . I asked them , I said , HWhat what What good is this badge?n They said , ''You are a law enforcement officer. You have the right to carry a gun . You have the right to make an arrest .l' There was even one period in the City Council, when the papers got ahold of itg where they wanted the aldermen to go and take training - firearms training . We were going to take two weeks of training because we had a -- the right to carry a gun and to have a badge and to make arrests . It is very dangerous for us to pass ...
PRESIDING OFFICER : (SENATOR DUDVCZ) I beg your pardon , Senator Hendon . Senator Hendon .
I appreciate that, M r. Chairman. And I -- and I be: a1l of you to please bear with me for one moment, because this is very important and you need to understand What Senator Cullerton is about to ask us to vote for, when it comes to 3rd Reading . An alderman of the City of Chicago has a right to carry a gun and a badge. The bank robber-kidnapper-carjacker-auto theft alderman - and a shot Was fired in that incident, want to remind you r of the stick up of the bank in Kankakee ...
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Hendonz one second, please . We will not proceed until 12 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 we have some silence in the Chamber . It 's too noisy in here . Senator Hendon .
Let me -- 1et me lower my tone and perhaps the decorum in the room w ill -- will settle . The -- the -- the alderman that the -- my disdained colleague will not refer to right now has a badge r a qun , and he is a convicted bank robber . I think that is dangerous . If the Senator wants to pass this without that grandfather clause , fine . But this is taking and allowing one individual -- this is special interest at its -- at its most outrageous amount, and the Senator still w ill not explain to me , can this person run for State 's Attorneyz Secretary of State r or whatever? He's not just protecting him to be alderman again; he's saying, well, just because you were -- you were convicted and you - - but now you dre in office , then you 're okay , but everybody else who is convicted cannot run . This is a bad billz and I urge its defeat .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Thomas Walsh .
Thank you, Mr . President. Will the sponsor yield?
PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor indicates he will yield . Senator Walsh .
Senator Cullerton, what is -- what do we do right now? What is ...
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Cullerton .
Yes, to refresh your memory, the current law says that if you run for municipal office - mayor : alderman - and if you lre a convicted felon, you lre not eligible to run. But it says that if 13 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Leg kslatkve Day May l6, 1997 you run for the Legislature , Governor, constitutional office z you can be a convicted felon and you can run . So as you may recall, last week -- or earlier this week , I had a bill that said -- that recognized the fact that, for a municipal office, if you had a conviction, you couldn 't runz and I said: well, let îs wait ten years after you lve , you know , been released from the penitentia ry g and then you can run . Well , Senator Hendon and Senator Dudycz and others got up and said, ''This is terrible, having convicted felons be able to run for office.'' So pulled the bill out of the record, went back to the committeez and I said , okay , we lll do it your way . If you dre a convlcted felon , you can 't run for anything . But we recognized the fact that there are people who have been elected : a State Representative , I understand there 's a -- an alderman in -- near Rock Island , an alderman in Chicaqo . And I said, in this bill, those people have been elected by the people of their district or their ward, so we 're going to recoqnize that and say they are grandfathered in . And in talking Eo the Representative over in the House, who 's had a conviction, he said r ''Why should I be precluded from running for for State Senate, or for another office?'' And I said, okay. So the way we drafted it is, theylre not banned from running for any other office. The Constitution allows us to pass laws with regard to elig ibility . I believe it 's constitutional . I was trying to follow what I believe is the -- the majority will of this Body; that is, to say everybody ought to be treated equally, shouldn't have a different rule for municipal and for the Legislature. And convicted felons under this bill e convicted felons cannot run for office . And if that 's what you believe in, you ought to vote Aye .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh .
So it does -- it does grandfather the three or four people 14 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6, 1997 that -- that we know of right now that are convicted felons, for them to not only seek reelection, but to run for any other office that they want to -- want to run fo r. Now r explain to me : then, how did this person that Senator Hendon has been referring to , how - - how was he able to run for alderman if he was a convicted felon, and it ls ... I don 't know .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton .
That 's a good point. I think that if -- unless they Were -- if they weren 't challenged , then they were able to run. And What happened was -- what initially brought this to my attention , was not the alderman in Chicago r but rather a guy wanted to run for office in -- I think for Mayor of Calumet City, and he was challenged and he took it to the Appellate Court and he lost . So that 's where it brought this issue to my attention . So what we lre saying is : those people who got elected , you know , We shouldn 't throw them out of office . We should recognize the fact they got elected r let them run , but for -- as a matter of public policy for the State of Illinois, we fre saying if you dre a convicted felon, you can 't run for office .
PRESIDING OFFICER : (SENATOR DUDYCZ) Further discussion? Oh . Senator Walsh .
I would imagine it ld be somewhat of a campaign issue r too .
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Weaver.
I'd move the previous question.
PRESIDING OEFICER: (SENATOR DUDYCZ) There are three additional speakers . Further discussion? Senator Geo-Karis . 15 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997
Will the sponsor yield for a question?
PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor indicates he w ill yield . Senator Geo-xaris.
Does your amendment provide that this party who may have been a convicted felon and is in office can only run for the same office : no other office?
PRESIDING OPFICER : (SENATOR DUDYCZ) Senator Cullerton .
No . Actually , quite frankly, Senator, after having the discussion, as indicated, with a Member of the House of Representatives, we drafted it such that you could run for any office .
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Luechtefeld .
Thank -- thank you, Mr. President. Question of the s#onsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he w ill yield . Senator Luechtefeld .
Senator , I listened to your argument the other day about the fact that you thought a convicted felon , after a certain number of years, ought to -- and I thought you -- you know r you spoke well of thate and you -- you did a good job arguing that point. If you truly believe that , doesn 't this run completely counter to the argument that you made the other day?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.
Senator, my argument the other day was based on the fact that 16 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16 , 1997 there really should -- should be -- it wouldn 't have bothered me to say after ten years , you can run for -- for office . But I was also impressed with the fact , and it came out durin: the debate , that we had two different standards; that for municipal office , you are banned from running , but for our offices, that you can . So I felt, after talking to Members of the -- of the Senate , that perhaps the best way to go would be to have one rule; that isp one principle : If you dre a convicted felon, you can 't run for public office . And that 's why I drafted the amendment the way I did .
PRESIDING OFFICER : (SENATOR DUDXCZ) Senator Luechtefeld .
Well, understand that, but -- I just felt like you made a qood argument the other day, and this does seem to be completely counter to What you said the other day. You know, it would seem that you would continue down that same path to try to further your idea .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton .
Well, it 's like 'sometimes you count the uninitialed ballots, and sometimes you don 't.
PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? Senator Hendon, for a second time.
I -- I apologize for rising a second time . hope that comment that my disdained colleague just made lost him thirty votes on that side. But I do want to Eell, so peop le W ill understand the logic behind the gentleman who -- and ladies who -- *ho drafted this initially : Aldermen have extreme power that we don 't have as State Representatives , State Senators. They can change zoning . They can put people out of business . They control 17 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 r 1997 the liquor licenses. They control the permits. They are m ini-mayo rs . And in the wisdom , it was not to give convicted felons that kind of power. It 's like why go in the bank and stick up when you can do it, because you 're the alderman, with the stroke of the pen and a wink and a nod . That is the difference. You don 't have the power of zoning and permits and liquor licenses that an alderman has . That is the difference , and that is why the difference in the law was there in thç first place, and it should remain .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton, to close .
Well, thank you , Mr. President . This is 2nd Reading . I th ink that this has been thoroughly discussed . I would ask that we adopt this amendment .
PRESIDING OFFICER: (SENATOR DUDYCZ) Roll call has been requested . All those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have a1l voted who wish? Have al1 voted who wish? Have all voted who w ish? Take the record . On that question , there a re 24 Ayes , 15 Nays, 3 voting Present . And the amendment is adopted . Any further Floor amendments approved for consideration?
No further amendments reported , Mr. President .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . ...Bill 1141. Senator Bowles. Senator Bowles, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Bowles seeks leave of the Body to return House Bill 1141 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1141 . Mr. Secretary , are there any Floor amendments app roved for consideration? 18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997
Amendment No . 2, offered by Senator Bowles .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Bowles .
Thank you : Mr . Chairman . The -- this amendment deletes any reference in the in House Bill 1141 to the Revised Uniform Reciprocal Enfo rcement of Support Act, since it is in the process of being repealed. It further provides -- specifies that the publication of the obligors who come under the purview of House Bill 1141 will occur in the papers that are within the circuit clerk's jurisdiction, as exposed -- as opposed to nationwide. I would ask for affirmative vote on the amendment .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, a1l those in favor, say Aye . Opposed , Nay . The Ayes have it, and the amendment is adop ted . Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR DUDYCZ) l . 3rd R eading . House Bill 1210. Senator Dillard . Senator Dillard , do you wish this bill returned to 2nd Reading for the purposes of an amendmenk? Out of the record . House Bill 1254 . Senator Cronin. Senator Cronin, do you wish this bill returned to 2nd Reading for purposes of an amendment? Senator Cronin seeks leave of the Body to return House Bill 1254 to the O rder of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted . On the Order of 2nd Reading is House Bill 1254 . M r. Secretary , are there any Floor amendments app roved for consideration?
Amendment No. l fsic) (2), offered by Senator Cronin. 19 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin .
Thank you , Mr. President . We added an amendment onto this b ill that actually becomes the bill, and it put languaqe into the bill that was language that was conta ined in a bill that p reviously passed here, Senate Bill 340. And under those p rovisions, endangering the life of a m inor victim is a Class 3 felony, a second or subsequent conviction is a Class 2 felony . The only additional language that 's in this amendment is a amendment that adds an affirmative defense requested by the Christian Scientists to protect persons who receive treatment by prayer alone. I didn't Want to put an exception for them in the bill because of some obvious problems it would create, but I think an affirmative defense is an appropriate way to approach this issue . If they want to bring forward their defense that they rendered treatment in their own way , accord ing to their religious freedom , they may bring that defense and -- and inform the judge. But the law is clea r about endangering the life of the child, and I ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, all those in favor, say Aye . Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DDDVCZ) 3rd Reading . House Bill 1337. Senator Bomke. Senator Bomke , do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Bomke seeks leave of the Body to return House Bill 1337 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order 20 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6, 1997 of 2nd Reading is House Bill 1337 . M r. Secreta ry , a re there any Floor amendments that have been app roved for consideration?
Amendment No . 2, offered by Senator Bomke.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Bomke .
Thank you, Mr. President. Amendment 2 (sic) is a technical amendment , on page line l2g by inserting ''by telefax z'' after 'îmailzn (sic) and I would move for its concurrence.
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not, all those in favor, say Aye . Opposed, Nay . The Ayes have and the amendment is adopted . Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . House Bill 1373. Senator Sieben . Senator Sieben, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Sieben seeks leave of the Body to return House Bill 1373 to the Order of 2nd Read ing for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1373 . M r. Secretary , are there any Floor amendments that have been approved for consideration?
AmendmenE No. 1, offered by Senator Sieben.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Sieben .
Thank you , M r. President. Floor Amendment No . Was approved yesterday by the Judiciary Comm ittee . Does two things . It adds 21 ! STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6, 1997 clarifying language to apply to a person who enters a public building under the reasonable belief that the building is still open to the public . And then secondly , it adds language fo r a -- providing for a necessity defense in the event that the person enters the buildinq w ith the belief that they were in imminent danger of serious bodily harm . I'd move for its adoption. PRESIDING OFFICER: (SENATOR DUDXCZ) Is there any d iscussion? If not , all those in favor , say Aye . Opposed, Nay . The Ayes have it, and the amendment is adopted . Any further Floor amendments app roved for consideration? SECRETARY HAQRY : No further amendments reported . PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . House Bill 1589 . Senator Farley . Senator Farley , you wish this bill returned to 2nd Read ing for purposes of an amendment? Senator Farley seeks leave of the Body to return House Bill 1589 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1589 . Mr . Secretary, are there any Floor amendments that have been approved for consideration? SECRETARY HARRX : Amendnent No . 1, offered by Senator Farley . PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Farley . SENATOR FARLEY : Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Amendment No . l was approved by the Jud iciary Comm ittee yesterday afternoon , and what that amendment does is makes a -- a technical change . It also provides for a -- a permissive situation , changing a word fron ''shall'' to ''may d', which satisfies objections by the Administrative Office of Illinois Courts. It also changes some words which say ''within 24 hours'' to l'as soon as 22 STA TE O F ILL IN OIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6r 1997 possibled', which satisfies some concerns by domestic violent (sic) people, and I would move for its adoption.
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any dtscussion? If not, all those in favor, say Aye. Opposed , Nay . The Ayes have it, and the amendment is adopted . Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 2152. Senator Cullerton. Senator Cullerton , do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Cullerton seeks leave of the Body to return House Bill 2152 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the O rder of 2nd Reading is House Bill 2152 . Mr . Secretary r are there any Floor amendments app roved for consideration?
Amendment No . 1, offered by Senator Cullerton .
PRESIDING OFFICER : (SENATOR DUDXCZ) Senakor Cullerton.
Yes , thank you , Mr. President, Members of the Senate . This anendment was suggested by the Land Title Association to the bill that it adds that a court may not authorize attachment of property under this bill unless it has obtained jurisdiction over the entity holding title to the property by proper service on that entity. That's really in the form of a technical amendment, and I would move for its adoption .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not , all those in favor, say Aye . Opposedp Nay . The Ayes have it: and *he amendment is adopted . Any further Floor amendments approved for consideration? 23 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Committee Reports.
Senator Klemm z Chair of the Committee on Executive , reports Senate Amendment 2 to House Bill 3l3 Be Adopted . Senator O 'Malley , Chair of the Committee on Financial Institutions , reports Senate Amendment 2 to House Bill 23 Be Adopted ; Senate Amendment 2 to House Bill 922 Be Tabled by Sponso r; Senate Amendment 3 to House Bill 922 and Senate Amendment to House Bill 2211 b0th Be Adopted ; Senate Bill 794 r the Motion to Concur with House Amendment 1 Be Adopted; Senate Bill 805, the Motion to Concur with House Amendments l and 2 Be Adopted . And Senator Fitzgerald , Chair of the Comm ittee on State Government Operations, reports Senate Amendment l to House Bill 1485 and Amendment 3 to House Bill 1757 both Be Adopted .
PRESIDING OFFICER: (SENATOR DUDYCZ) House Bill 3rd -- House Bills 3rd Reading , for purposes of recall. House Bill 23 . Senator Parker. Senator Parker, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Parker seeks leave of the Body to return House Bill 23 to the Order of 2nd Readtng for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 23 . Mr . Secretary , are there any Floor amendments app roved for consideration?
Amendment No . 2, offered by Senator Fitzgerald .
PRESIDING OFFICER: (SENATQR DUDVCZ) Senator Fitzqerald .
Yes, thank you, Mr. President, Ladies and Gentlemen of the 24 ! STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16# 1997 Senate . This is a clarifying amendment with some suggestions from the Illinois Municipal League, and it Was passed out of the Financial Institutions Comm ittee on an attendance roll call this morning . PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not , all those in favorg say Aye . Opposed , Nay . The Ayes have it, and the amendment is adopted . Any further Floor amendments approved for consideration? SECRETARY HANRY : No further amendments reported . PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . House Bill 313. Senator O 'Malley . Senator O 'Malley , do you wish this bill returned to 2nd Reading fo r the purposes of an amendment? Senator O 'Malley r seeks leave of the Body to return House Bill 3l3 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the O rder of 2nd Reading is House Bill 313 . M r. Secretary , are there any Floor amendments approved for consideration? SECRETARY HARRY : Amendment No . 2, offered by Senator Cullerton . PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton . SENATOR CULLERTON : Yes, thank you , Mr . Presidentr Members of the Senate . Th is amendment is -- deals with pensions. It was approved by the Pension Laws Commission. It makes technical changes to the Chicago Teachers ' Retirement System and would move for its adoption . PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Hawkinson. SENATOR HAWKINSON : W ill the sponsor yield , Mr . President? 25 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he w ill yield . Senator Hawkinson.
Are these just technical changes or are these substantive changes? What new -- who are we allowing new pension rights or transfers or increases?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton .
No, there are no benefits. There's no fiscal impact. It's just technical administrative changes that have no cost.
PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? If not , a11 those in favor , say Aye . Opposed , Nay . The Ayes have it, and the amendment is adopted . Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . House Bill 297. Senator O'Malley. Senator O'Malley, do you wish this bill returned to 2nd Reading for for the purposes of an amendment? Senator O 'Malley seeks leave of the Body to return House Bill 297 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the O rder of 2nd Reading is House Bill 297. Mr. Secretary , a re there any Floor amendments that have been approved for consideration?
Amendment No . 2, offered by Senator O 'Malley .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator O 'Malley .
les. M r. President and Lad ies and Gentlemen of the Senate . 26 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6, 1997 It 's my intention to table Am endment No . 2 and seek your support of Amendment No . 3 .
PRESIDING OFFICER : (SENATOR DUDYCZ) There 's a motion to table . Any discussion? A11 those in favor, say Aye . Opposed , Nay . The Ayes have it, and the amendment is tabled . Any further Floor amendments that have been approved for consideration , Mr . Secretary?
Amendment No . 3, offered by Senator O 'Malley .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O 'Malley .
Again, Mr. President , thank you, and -- and Ladies and Gentlemen of the Senate , thank you very much . The underlying legislation here , House Bill 297, is is the rewrite of the dram shop 1aw in Illinois. Amendment No . represents agreed lanquage between myself, Members of the Judiciary Committee and the House the House sponsor of the original legislation , Representative Dart. I 'd seek your support for the amendment . W ill be happy to debate it on the Floor later today .
PRESIDING OFFICER: (SENATOR DUDXCZ) Any discussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate . We 'll keep our questions until it gets on 3rd Reading, Senato r, but I just wanted to make the Body aware that even though you say this is agreed upon by those parties, it's not agreed-upon amendment. Is that correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r O 'Malley .
Senator Jacobs, I made it clear who it is agreed among . I d id 27 STATE OF ILLINOIS 90TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 not mean to suggest that it was agreed by anybody else other than the parties I named .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further diseussion? If not, al1 those in favor, say Aye. Opposed, Nay. The Ayes have it: and the amendment is adopted . Any further Floor amendnents approved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading . House B1ll 922. Senator Thomas Walsh . Senator Walsh, do you wish this bill returned to 2nd Reading for the purpose of -- purposes of an amendment? Senakor Walsh seeks leave of the Body to return House Bill 922 to the Order of 2nd Reading for purpose of an amendment. Hearing no objection, leave is granted . On the Order of 2nd Reading is House Bill 922. M r. Secretary z are there any Floor amendments approved for consideration?
House -- Floor Amendment No . 3, offered by Senator Tom Walsh .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Tom Walsh .
Thank you, Mr. President. Floor Amendment No. 3 -- Floor Amendment No. 3 to House Bill 922 had bipartisan support in committee. requires the companies and agents to file their highest fees. If the company or agent increases or adds a fee , it must file notice of a neW fee and wait sixty days for it to take effect. It may decrease a fee or -- it may decrease a charge or fee and -- and the decrease becomes effective upon beinq filed with Department of Financial Institutions. I'd be happy to... PRESIDING OFPICER: (SENATOR DUDTCZ) Is there any discussion? If not , all those in favor, say Aye . 28 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 Opposed : Nay . The Ayes have and the amendment is adopted . Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading . House Bill 1485. Senato r Bomke . Senator Bomke : do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Bomke seeks leave of the Body to return House Bill 1485 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1485. Mr. Secretary, are there any Floor amendments that have been approved for consideration?
Amendment No . 1, offered by Senator Bomke .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Bomke .
Thank you , Mr. President . Amendment No . is identical to Senate Bill 877 that was overwhelmingly approved by this Body about a month ago. It amends University of Illinois at Springfield 1aW to provide that a1l degrees from Sangamon State University shall be degrees from the University of Illinois at Springfield . Any costs associated with the reissuance of diplomas must be borne by a person who requested the reissuance . And I would move for its adoption.
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any d iscussion? If not, al1 Ehose in favor, say Aye . Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 29 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 3rd Reading. House Bill 1757. Senator Garcia. Senator Garcia , do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Garcia seeks leave of the Body to return House Bill 1757 to the Order of 2nd Reading for the purpose of an amendment. Hearin: no objection, leave is granted. On the O rder of 2nd Reading is House Bill 1757. Mr. Secretary , are there any Floor amendments that have been approved for consideration?
Amendment No . 3, offered by Senator Garcia .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Garcia .
Thank you z M r. President . Senate Amendment No . 3 to House Bill 1757 deletes the underlyin: bill. It amends the Civil Admintstrative Code reqarding job training and economic development. It creates the Job Training and Economic Development Demonstration G rant Program . It authorizes DCCA to formulate rules for the operation of the Program and for the competitive application procedure for grants . It establishes a statew ide system and it hinges on an appropriation from the Legislature.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If noty a1l those in favor, say Aye . Opposed , Nay . The Ayes have it , and the amendment is adopted . Any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFPICER: (SENATOR DUDYCZ) 3rd Reading . House Bill 2211. Senator O lMalley . Senator O 'Malleyz do you Wish this bill returned to 2nd Reading for the purposes of an amendment? Senator O 'Malley seeks leave of the Body to return House Bill 2211 to the Order of 2nd Reading for the 30 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2211. Mr . Secretary , are there any Floor amendments approved for consideration?
Amendment No . 2, offered by Senator O 'Malley .
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator O 'Malley .
Thank you, Mr . President and Ladies and Gentlemen of the Senate . Senate Floor Amendment 2 to House Bill 2211 addresses some of the concerns that were raised in committee and represents the work product of staffs on both sides of the aisle working with all interested parties over the last week . It addresses many of the questions that were raised , I believe , in the analyses by both staff members concerning the underlying legislation , which is an initiative of the Department of Financial Institutions . I 'd be happy to answer any questions you may have , but I Would seek your support for the amendment.
PRESIDING OFFICER: (SENATOR DUDXCZ) Is there any discussion? If notr a11 those in favorg say Aye . Opposed, Nay. The Ayes have it, and the amendment is adopted . Any further Floor anendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DDDVCZ) 3rd Reading . House Bill 1254. Senator C ronin . ...cronin : do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Cronin seeks leave of the Body to return House Bi1l 1254 to the Order of 2nd Reading for the purpose of tabling an amendment. Hearing no objection, leave is qranted. On the Order of 2nd Reading is House Bill 1254. Senator C ronin moves Eo table Amendment No . 1 . All those in favor, say Aye . Opposed , Nay . 31 I STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 The Ayes have it# and the amendment is tabled . Any further amendments that have been approved for consideration, Mr . Secretary?
Amendment No . 2, offered by Senator Cronin .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin .
The explanation that I gave earlier is the explanation that applies to Floor Amendment No . 2.
PRESIDING OFFICER : (SENATOR DUDXCZ) Is there any discussion? If not, all those in favor, say Aye . Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments app roved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . ...al1 the Members please be in their seats? We will be going to the Order of House Bills 3rd Reading fo r the one and only time. Final time. We will not be returning to through the Calendar, so please be prepared to go through your bills, to have it debated on final reading . In the middle of page 2 of your regular Calendar is the Order of House Bills 3rd Reading . House Bill 23 . Senator Parker . Madam Secretary , read the bill.
House Bill 23. (Secretary reads title of bill) 3rd Readinq of the bill .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senakor Parker .
Thank you , Mr. President, Ladies and Gentlemen of the Senate . 32 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 This Senate (sicl bill has been amended to have an amendment sponsored by Senator Pitzgerald, so he will handle this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fitzgerald.
Thank you, Mr . President, Ladies and Gentlemen of the Senate . House B ill 23, as amended z expands the investment authority for the five hundred and sixty downstate police and firemen's pension funds so that they can invest up to thirty-five percent of their assets in securities -- in equity securities : stocks . The amendment is supported by ehe police and firemen 's and by the Municipal League. The Department of Insurance would like to get nore fees out of these funds, but they otherwise have supported the concept of broadening the investment authority. And I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not , the question is , shall House Bill 23 pass. A11 those in favor will vote Aye. Opposed wi1l vote Nay . And the voting is open. Have a1l voted Who wish? Have all voted who wish? Have all voted Who w ish? Take the record . On that question, there are 56 Ayes, l Nay, no voting Present. And House Bill 23, having received the required constitutional majority, is declared passed. House Bill 66. Senator Karpiel. Madam Secretary, read the bill.
House Bill 66 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Ka rpiel.
Thank you, Mr. President. We just put the amendment on on 33 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 House Bill 66 , which becomes the bill. And as I said when we Were discussing the amendment , this is the trailer bill, the follow-up bill, of House Bill l65 that took care of the concerns of the State 's attorneys, primarily . With 165, this has been agreed to, and this is the bill that has been worked on by -- as -- as read yesterday, about tenz fifteen various child care associations and groups and interest groups in the State. And I ask for your Aye vote .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any ...
I 1d be qlad to go through the details, if you want to go through all the little details .
PRESIDING OFFICER: (SENATOR DUDXCZ) Is there any discussion? If not, the question is # shall House Bill 66 pass. Al1 those in favor will vote Aye . Opposed will vote Nay . And the voting is open. Have all voted who Wish? Have all voted who wish? Have all voted who wish? Take the record. On that question , there are 57 Ayes , l Nay r none voting Present. And House Bill 66 , having received the required constitutional majority, is declared passed. House Bill 70. Senator Dillard. Madam Secretary, read the bill.
House Bill 70 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard .
Thank you , Mr . President and Ladies and Gentlemen of the Senate . This b ill adds a drug ''ketamine v'' which is controlled and used by veterinarians , to a list of controlled substances . 34 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 z 1997 Ketamine is a new drug that is used by a 1ot of teenagers at these parties called ''Ravesw'ê It is also commonly referred to as a ''date-rape'' drug: where people take this drug illegally - steal it from veterinarians - put it in women's drinks and use that -- that drug not only for hallucination types of purposes , but also for: unfortunately , raping of women . And this makes this drug illeqal. And also in this bill is GHB , and I 'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not: the question isr shall House Bill 70 pass . A ll those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have all voted who Wish? Have all voted who wish? Have al1 voted kho wish? Take the record. On that question , there are 57 Ayes , no Nays none voting Present. And House Bill 70 , having received the required constitutional majority, is declared passed. House Bill 110. Senaeor Bomke. Out of the reeord. House Bill 131. Senator Rauschenberger. With leave of the Body , we will return to House Bill 13l later. The sponsor is in conference on the 2nd Floor . With leave of the Body, we will return later to House Bill 172, also . Sponsor is in the Chair. The top of page in the Order of House Bills 3rd Reading r is House Bill 190 . Senator Watson . Madam Secretary , read the bill .
House Bill 190 . (Secretary reads title of bill) 3rd Readinq of the bill. PRESIDING OPFICER: (SZNATOR DUDYCZ) Senator Watson . SENATOR WATSON : Yes , thank you , Mr . President. House Bill l90 establishes the Illinois Prepaid Tuition Program , which would enable parents, 35 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6# 1997 qrandparents, family members, friends to purchase tuition and mandatory fees for future college students. It's identical to Senate Bill 878 , which has been approved by the State Senate , in this Chamber, and is now in the House. The program would be adm inistered by the Illino is Student Assistance Comm ission . The value of these contracts would be transferable to Illinois private colleges and/or out-of-state higher education institutions. The legislation p rovides that the families with a federal tax advantage: a way to save systematically for college. The federal government did pass a tax program for this type of purehase, for this type of tuition purchase. This helps the middle class considerably . I know that there was considerable discussion on this legislation before, and I 1d be glad to answer any questions at this point in time .
PRESIDING OPPICER: (SENATOR DUDYCZ) Is there any discussion? Senator Berman .
Thank you , Mr . President and Ladies and Gentlemen of the Senate . This is a very important bill because what think it does ...
PRESIDING OPPICER: (SENATOR DUDXCZ) Senator Berman .
. . . what it does is to allow your voters to prepay euition for their children or grandchildren when -- for the universities in our State based upon the present costs of those tuitions. And we a11 know that they lre going to increase in the future . I do want to state , however , that the -- at the request of the Bureau of the Budget there was an amendment put on this bill that deleted the phrase nfull faith and credit'' from this p rovision . Now , there are guarantees and protections built into this bill which r if you dre going to look at it, ninety-five percent of the exposures 36 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6e 1997 are protected . So I 'm comfortable in voting for this bill and -- and recommending it to my voters for their investment in the fukure higher education of their children . But I do Want to state - and I 've mentioned this to the sponsor - that I think we ouqht to look at trailer bills or later legislation to try to reinstate the full faith and credit. It 's a technical protection , but it 's an importank protection : so that five years , ten years, fifteen years down the road there 's no hesitation that the investment w ill, in fact , pay the tuition for these children When they get to the universities. But think it's a good idea . There are safeguards built in , and I 1m pleased to vote Aye on this b ill at this time .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Klemm .
Purposes of a question of the sponsor.
PRESIDINC OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will . yield. Senator Klemm .
If -- if after a number of years the interest that you project will pay the difference of the spiraling increase of tuition costs and it doesn't have sufficient funds, who picks up the difference?
PRESIDING OFFICER : (SENATOR DUDXCZ) Senator Watson . SENATOR WATSON : This is the provision, I believe, that Senator Berman was just talking about . This is -- creates a moral obligation of -- of the State of Illinois . PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Klemm . SENATOR KLEMM : 37 i STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 So the moral obligation would be that if there 's not enough funds ... Well, really , a tax -- a parent can 't lose with this deal because somebody w ill subsidize the difference of other taxpayers to pick up the difference , if there 's not enough funds there . Now , couldn 't you buy a CD - or the parent can do that noW - and actually have an investment p rogram ? And if there isn 't enough funds in that proqram z they would at least make up the difference of their own. Can 't we do that now? I thought We had that type of legislation that you can do that, without the taxpayers around the State paying the difference if there 's a shortfall . PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson. SENATOR WATSON : Well, we do have programs out there now - the College Sav ings Bond Program being one , and others. And of course, as you mentioned , an individual can go in and -- and do this on their own. It's just unfortunate that most people don't. For whatever reason : people in this -- this country are not in the mood of saving money . This is certainly a carrot out there to try to encourage that type of -- of attitude and -- among pa rents and friends and grandparents , whoever it might be . In this -- this -- what I hear from mostly in the people in my district, it 's grandpa rents who would like to do something for their grandchild , and this would enable them to do so, purchasing today's tuition cost for whenever that child , grandchild , ultimately qoes to college . I think it 's a qreat idea and a great piece of legislation that you should be supporting , Senator Klemm . PRESIDING OFEICER: (SENATOR DUDYCZ) Senator Klenm . SENATOR KLEMM : Well , I certainly supported the first one . I have some 38 I STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 questions about that -- the grandparents who wish to help their children , say that don 't want to buy a CD or don 'k Want Eo invest for it , but I w ill invest for them when I know that there 's a shortfall - the taxpayers will pick up the difference .l'
PRESIDING OFFICER : (SENATOR DUDYCZ) I beg your pardon, Senator Klemm .
Thank you .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm . Any further discussion? If not, Senator Watson , to close .
Well, thank you . This -- as all of us know , the problem that many people are having now with the cost of -- of sending their students to college, costs continue to escalate , and we lre finding that when students graduate from college , in many cases up to fifty percent of the cost is actual debt - debt of that student from -- when they graduate . What this does is enable a parent , a g randparent, a friend , to purchase today 's cost -- tuition at today 's cost , which will enable a student to go to college tomorrow . It 's a -- it 's a great concept . It 's -- this is we 'll be the thirteenth state to do this , and Florida has -- we m irror the Florida program here , and Florida has been the most successful state in the country . So I think this is a -- a good piece of legislation and obviously appreciate the support of the Body .
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is # shall House Bill l90 pass . A ll those in favor will vote Aye . Opposed w ill vote Nay . And the votin: is open . Have all voted who wish? Have a11 voted who Wish? Have all voted who wish? Take the reco rd . On that question, there are 56 Ayes , Nay , 2 voting Present. And House Bill 190 , having 39 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6 , 1997 received the required constitutional Majority, is declared passed. House Bill 204. Senator Syverson. Senator Syverson. House Bill 223. Senator Madigan. Madam Secretary, read the bill.
House Bill 223 . (Secretary reads title of bill) 3rd Readin: of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan.
Thank you, Mr. President, Members of the Senate. House Bill 223 , as amended , does several thinqs . First of all r the original languaqe requires that a limited liability company who was required to form a syndicate as per the legislation of 01/01 of '94, requires that syndicate to apply to the Director of the Department of Insurance to become a registered firm . Ik establishes that -- or, internal compliance audits are free from the discovery requirements. Insofar as when there 's litiqation, that a -- in discovery efforts, that internal audit -- internal compliance audits would be free from that discovery requirement . It does not include documents involved with personal injury or workers' comp claims. It changes provisions in the Illinois Insurance Guaranty Pund with regards to insolvent companies. And lastly , it allows school districts to participate in the Mine Subsidence Program. I would be -- Subsidence Program . I Would be happy to answer any questions on House Bill 223, as amended , and otherwise would ask for favorable consideration . PRESIDING OFFICER: (SENATOR DDDYCZ) Is there any discussion? If not, the question isy shall House Bil1 223 pass. A11 those in favor will vote Aye. Opposed will vote Nay. The votin: is open. Have al1 voted who wish? Have all voted who wish? Have all voted who Wish? Take the record . On 40 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6e 1997 that question , there are 58 Ayes , no Nays, none voting Present . And House Bill 223 , havinq received the required constitutional majoritya is declared passed. House Bill 228. Senator Lauzen. Madam Secretary , read the bill .
House Bill 228. (Secretary reads title of bill) 3rd Read ing of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Lauzen .
Thank you , M r. President. House Bill 228 is the vehicle for the agreed bill process . We 've had some productive meetings. There 's some final details that have to be worked out. Like to pass it from here over to the House so that we can keep it moving .
PRESIDING OFFICER: (SENATOR DUDXCZ) Is there any discussion? If not, the question is r shall House Bill 228 pass . A1l those in favor w ill vote Aye . Opposed will vote Nay . And the voting is open. Have al1 voted Who w ish? Have all voted who wish? Have all voted who w ish? Take the record . On that question , there are 57 Ayes , no Nays, none voting Present. And House Bill 228 , having received the required constitutional majority, is declared passed. House Bill 282. Senator Sieben. Madam Secretary, read the bill.
House Bill 282 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR DUDXCZ) Senator Sieben .
Thank you, Mr . President . This legislation creates two 41 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 five-percent tax credits, the one to help stimulate and promote the production and manufacture of biodegradable and biocomposite material in the State , and the second one deals'for companies that would produce air pollution control equipment in targeted counties in this State . Move for its passage .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If notr the question is, shall House Bill 282 pass . All those in favor w ill vote Aye . Opposed Will vote Nay . And the voting is open . Have all voted who wish? Have all voted Who wish? Have all voted who wish? Take the record . On that question , there are 58 Ayes , no Nays, none voting Present . House Bill 282, having received the required constitutional majority, is declared passed. House Bill 297. Madam Secretary, read the bill.
House Bill 297 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator O 'Malley .
Thank you, Mr. President and Members of the Senate. House Bill 297 is the rewrite of the Illinois dram shop law . The current status of this 1aw is basically that there are lim itations for damages for personal injury and property damage of thirty thousand dollars r lim itation for loss of means of support of forty thousand dollars, and there's a maximum total statutory recovery of seventy thousand dollars . This process has wound itself through the legislative process . There was a bill in the House . That bill in - - in -- was substantially , if not completely z amended onto -- in form and content to House Bill 297 , which was out here on 3rd Reading in that form . There have been a series of negotiations on 42 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6, 1997 this legislation tha t have resulted in some agreement, and -- and there continues to be some disagreement . In effect , what Amendment No . 3 does , in dealing with the limlts, is say the following: The limitation for damaqes for personal injury or property damage would be fifty-five thousand, instead of thirty thousand. The limitation for loss of means of support would be si'xty-five thousand dollars, instead of forty thousand dollars. However , there would also be a limitation , with respect to a -- a new cause, if you will, withtn this legislation, limit as to loss of society ; however, you would only be able to elect to have -- to move for -- as a plaintiff, for the loss of means of support ''or'' the loss of society , so that the total statutory recovery could not exceed one hundred and tkenty thousand dollars. There also is an effeetive date of July 1, 1998. I1d be happy to answer any questions Members may have and would reserve , you know , the time to make additional remarks in closing .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Sepator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I would request a ruling from the Chair. House Bill 297, in its original form , deals w ith the appointment of a special representative for a deceased person , if no petition for letters of office for the decedent's estate have been filed, effectively amending the Code of Civil Procedure. Senate Amendment No. 3 to House Bill 297 allows for the recovery of loss in a dram shop lawsuit, as well as increase the amount a person may receive for injuries and property damage under the dram shop Act. Clearly, there are problens with the single-subject rule in this case, since House Bill 297 deals with an administrative change in the Illinois Code of Civil Procedure, while Senate Amendment No. 3 to House Bill 297 creates a new cause of action : as well as to 43 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May 16, 1997 increase the amount of damage an individual recover under the Illinois Liquor Control Act. Therefore z I would ask for a ruling from the Chair as to whether this billz in its current form violates the single-subject rule under Article IVe Section 8(d) of the Illinois Constitution of 1970 and the Supreme Court ruling in Geja's Cafe versus Metropolitan Exposition Authority.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs , it 's the ruling of the Chair that the amendments to House Bill 297 all relate to the same subject matter, that being court proceedings ; therefore , they are germane to the bill. Any further discussion? Senator Jacobs .
To the bill, then, Mr. Presldent. Senator, I think everyone agrees w ith this bill, in its intent r but there are some concerns , have been expressed to me by a number of people and I just want to make those concerns known to the Body here. As an example , there is, number onez a lot of -- a lot of opposition to this bill. Let me just read a few of thosel the Alliance of American Insurersr American Insurance Association, Associated Beer Distributors of Illinois, First Financial Insurance Company p Illinois Casualty Company , Illinois Insurance Information Service , Illinois Restaurant Association g Illinois Retail Liquor Association, Lloyds of London and the CNA Insurance Companies. In fact r I have a letter here from one of those which is from First Financial, and it, in effect, says: Best A+ company writing heavily in Cook Countyr as Well as downstate, certainly will consider pulling out of the market unless House B ill A297 now before you on 3rd Read in: is compromised - noE defeated, compromised - Eo give this defense bar, as well as MADD , a bite of the apple . Here 's part of the p roblem khat exists with the bill, as see iE . The -- the rates that Were put on the bill should follow some form of logical succession . The liability cap limit , as an example , is going up 44 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 from thirty thousand to fifiy-five thousand - an eighty-three percent increase. Now y if this were to follow inflation , this amount would be forty-two thousand y and that 's acceptable w ith these qroups . Also , at the same time, this bill w ill -- will raise dram shop premiums just on that provision alone by twenty-five percent. So our mom and pop restaurants, our -- our small corner taverns , very well will be put out of business . On the second part of the bill , which has to do with loss of society, again , there is no true qualms in what we lre trying to do here . Again it 's , how far does the issue go? The groups that have contacted me have said , in effect , that nonwage earners that are part of the immediately family should receive - should receive - compensation includinq loss of society . The problem that we have is that we even include myself , who is fifty-nine year -- who -- I am currently fifty-nine years of age, soon will be sixty , my mother is eighty-three: If I am injured in a automobile accident, my mother can collect because of the dram shop law . think that 's go ing a little bit too fa r, and I think that we can clean this language up , Senator. I don lt know if there 's any w illinqness to do that, to continue to wo rk on that, buE that 's part of the problem that exists on this bill . One of the other concerns that we have is that we have just passed .08. That is going to have a tremendous effect on society as a whole , including the dollars with the -- the -- that a tavern owner is going to be able to make and/or a restaurant and/or the liquor industry, as well . So I see where they lve got a problem With that, but this compounds that problem . Now those same people with decreased revenues are also going to be hit with higher premiums, and some of these premiums for this dram shop is quite high. And then just in closing, Senator, I might just addz as I ask for a No vote, or if the Senator can assure me he wants to pass this on for the purpose of negotiations, I 1m willing to do that. But also , the 45 : STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 Beer Distributors, which are directly affected by this bill, were not even part ... Oh # okay . Well, I -- as I understand , this is going to be -- go to a conference comm ittee and continue to be worked on? Is that correct? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O 'Malley . SENATOR O 'MALLEY : Senator Jacobs, I'm getting messages: as apparently you a re qetting messages too, that the parties on both sides of this issue , who are interested in it, are negotiating . I certa inly will be very respectful of those continuing negotiations. I do want you to understand , and I want every Member of the Senate to understand z that I am a very strong proponent for the legislation in its current form . But -- and another thing that I think is important to clarify to you , Senator Jacobs: the Beer Distributors - everybody - has been invited to and -- and made a -- part of the process and given the opportunity to express their opinion. There has been nobody left out, but most importantly , the peop le of Illinois deserve this. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs. SENATOR JACOBS : And I apologize for -- for the comment about the Beer Distributors . I misread the note that was in front of me that said that there was a deal being -- being worked on and -- and for that reason, my objections still stand as to the dollars. I stand behind what youdre trying to do, wholeheartedly. I just think it needs to be tightened up a little bit so that we don 't lose people who are w illin: to sell insurance . I can remember years ago , w ith workmen 's comp , when I was mayorr we had to go to Lloyds of London to get workmen ls comp insurance . I don 't want to see the same happen to where we -- we push our current Illinois 46 STATE OP ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Leg islative Day May l6, 1997 insurance companies out of business , including one in my d istrict, that probably would go out of business if this bill passed in its current form with the limits that are prescribed, and just ask that we continue on with that discussion. Thank you, Senator, for your indulgence .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator O 'Malley, to close.
Thank you, Mr. President and -- and Members of the Senate . I - - you know, it sounds as if this is probably going to f1y out of there, but I -- I do feel compelled e at least, to make, for the record , a few remarks that I -- I think we need to make everyone aware of. The negotiations that have occurred here , as this legislation has been in the Senate y have been far-reaching , very open and very participatory. Many of the suggestions that came from the opponents of this leqislation are included in here. One of the requests was to have a definition of 'floss of society'' within the Statute and not just out there in whatever case law or common law may determine what it is from time to time. They may not accept -- and I don 't want anybody to understand -- think that the current definition that ls in this legislation is agreed to and accepted by everybody . It is not . But the point is, loss of society was included. Loss of society would also be included under the loss of support cap level . That 's another thing that was requested and -- and was very necessary, I believe, to be addressed because there was a lot of confusion in the House as this issue was debated, and it's being clarified here in the Senate. So as a result of that, a plaintiff would be only entitled to one recovery - either loss of society or loss of support - but not both . One of the suggestions that came forward from the insùrance companies was to make sure that there was a -- an effective date that would allow existing insurance policies 47 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6 , 1997 basically to recycle , so that there would not be an interruption of insurance. And -- and so this legislation provides for a July 1 , 1997 effective date, which should perm it that to occur . I 'm sorry -- I'm -- just clarify: July 1, 1998 would be the effective date . And it 's important that we all understand that that 's there . I think it 's also important to recognize that people on the other side of the issue - the opponents to this leg islation - have actually come forward to support it, including the Restaurant Association, and with the legislation as it is before this Body , there is an agreement on behalf of the proponents that they w ill not -- they will not force a revisitation of this issue for at least five years . Ladies and Gentlemen , this is important legislation . It 's long overdue . It has not been addressed for nearly a decade in raisin: the limits . The protection that would be brought to families all over Illinois through loss of society is something that is very much needed and appropriate . I would request your suppo rt for this legislation today , and I w ill assu re you that as this matter continues , should there be a conference report, I will deliberately deal with people on both sides of the issue . Thank you , again .
PRESIDING OFFICER: (SENATOR DUDYCZ) ' The question is, shall House B i11 297 pass. A1l those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have all voted who wish? Have a1l voted who Wish? Have a11 voted who wish? Take the record . On that questionr there are 57 Ayes , no Nays , 1 voting Present . And House Bill 297 , having received the required constitutional majority, is declared passed. House Bill 310 . Senator Lauzen . Madam Secretary , read the bill .
House Bill 310 . (Secretary reads title of bill) . 3rd Reading of the b ill. 48 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May 16, 1997
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Lauzen .
Thank you, Mr . President . House Bill 3l0 is the same -- is the same situation but for unemployment insurance, as 228 was for worker comp . It 's a vehicle to keep the negotiations in the agreed process moving. Idd just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not z the question is, shall House Bill 310 pass . All those in favor w ill vote Aye. Opposed w ill vote Nay . The voting is open . Have a11 voted who wish? Have all voted who w ish? Have all voted who wish? Take the reco rd . On that question , there are 57 Ayes , no Nays r none votin: Present . And House Bill 310 , having received the required constitutional majority, is declared passed. House Bill 313. Senator O'Malley. Madam Secretary , read the bill . END 0F TAPE TAPE 2
. . . Bi11 313. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O 'Malley .
M r. President and Ladies and Gentlemen of the Senate , thank you . This is a rather important piece of legislation . It 49 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 contains many provisions. It is, in effect, an omnibus pension bill. It represents items that have been approved by the Pension Laws Commission . It 's also important -- there is no fiscal impact on the State of Illinois. I think that 's important to have in front of us. There are many provisions, and if you have any questions about any individual item r I would be most happy to respond to them .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is , shall House Bill 3l3 pass . A1l those in favor will vote Aye. Opposed Will vote Nay . And the voting is open . Have all voted Who Wish? Have all voted who wish? Have al1 voted who wish? Take the record . On that question : there are 55 Ayes, 2 Nays , none voting Present , and House Bill 313, having received the required constitutional majority, is declared passed. House Bill 379. Senator Link. With leave of the Body, we will return to House Bill 353 and 362. 80th of the sponsors are in conference downstairs . House Bill 379. Senator Link . Madam Secretary , read the bill .
House Bill 379. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Link.
Thank you , Mr . President . With the adoption of Amendments No . l and 2 on this billr we Would increase the penalty from a Class 4 felony to a Class 3 felony for a second or subsequent conviction of child abduction. Adds another fact6r of aggravation that a court may consider when sentencinq a defendant for child abduction. The bill would also require people who with convictions of child abductions must register under the Sex 50 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6g 1997 Offender Registration Act if the trial judge makes a findin: as to whether the conduct was committed for the unlawful person (sic) of committinq or attempting to commit certain sex crimes . I would ask a favorable vote on this . If there is any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Trotter.
Thank you very much , Mr. President . This is a -- a very good bill . As I briefly mentioned on the -- as We were adopting the amendment, that we are all just really up in arms with these child abductions, and what we're trying to do is just impose some some harsher penalties. We wanted to expand not only the concept - - or, the concept of safe school zones , but children who are going to and from playgrounds also should be brought into that -- that kind of zone. We want our children to feel just as comfortable and just as safe as they're walking from their bedroom to their -- to their refrigerators . They should not have to deal w ith thinking about some kind of predator lurking out there to snatch them on the way to school. Hopefully the the second-time offenders in this process -- or, that -- that get caught will get a harsher penalty, and maybe somewhere in this Chamber and at some -- and at some point in time , we 'll get it to whereas that we will keep these people in jail much, much longer. If not in jail, at least in some kind of home. This is a -- a logical first step. It's -- it's a small one, but it's a good one and I ask for the -- the passage -- favorable passage of this bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? Senator Fawell.
Thank you . Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DUDYCZ) 51 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 Sponsor indicates he will yield . Senator Fawell .
You know, according to our analysis it says that the State Bar Association asks that language be included that requires the trial judge to make a finding that the abduction was committed for the unlawful purpose of one of the enumerated sex offenses and that this bill does not contain that language. In other words, if a mother or a father so-called abducted their own child , not for sexual purposes, but for custody purposes, that they also could be charged .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Link .
Senator Fawell , this was addressed in Senate Amendment No . 2 on this, that we cleared up this matter.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator L ink , to close.
I only ask for a favorable vote on this . I thinkz as Senator Trotter said, that this is a first step and we hope that we could get a favorable vote on this. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 379 pass . A1l those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who W ish? Have all voted Who wish? Have a1l voted who wish? Take *he record . On that question, there are 57 Ayes, no Nays, none voting Present . And House Bill 379, having received the required constitutional majority, is declared passed. House Bill 447 . Senator Smith . Madam Secretary , read the bill .
House Bill 447 . (Secretary reads title of bill) 52 STATE OF ILLINOIS 90TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May 16, 1997 3rd Readin: of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Smith .
Thank you , M r. Chairman and Ladies and Gentlemen of the Senate . House Bill 447 requires AFDC clients with children younqer than thirteen to perform up to twenty hours of community service a week . And the bill passed out of the Senate Public Health Committee on the Agreed Bill List by a vote of 10 to nothing. The proponents for this bill are the Poverty LaW Project of the National Clea ringhouse for Legal Services , the Welfare Reform Information Center, the Illinois LaW and Policy Project. There has been no opposition. I ask for your favorable vote . Thank you .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not, the question is # shall House Bill 447 pass. A1l those in favor w ill vote Aye . Opposed Will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who W ish? Take the record . On that question r there a re 57 Ayes, no Nays , none votinq Present. And House Bill 447, having received the required constitutional majority, is declared passed. Senator Walsh, what purpose do you rise?
Point of personal privilege.
PRESIDING OPFICER: (SENATOR DUDYCZ) State your point .
I just want the record to reflect that would like to be recorded voking Aye on House Bill 313 .
PRESIDING OPFICER: (SENATOR DUDYCZ) The record will so reflect . Had you been in your seat g you 53 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 would have been recorded as voting . House Bill 449. Senator Cronin . House Bill 470 . Senator Rauschenberger . Madam Secretary , read the bill.
House Bill 470 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Rauschenberger .
Thank you , Mr. President, Ladies and Gentlemen of the Senate . House Bill 470 represents about three years ' work -- a compromise. It is a -- a landscape burning regulation bill that only deals with the non-attainment areas in the State of Illinois, which is essentially the Chicago Metropolitan Area and the Collar Counties, as well as the Metro East section of the State of Illinois . What says is, any -- any munictpality or government in that area that fails in the next year to act on a b ill regulating the burning of landscape waste w1ll be subject to rules promulgated by the Pollution Control Board . The bill also says that any municipality or local government that has enacted an ordinance regulating the burning of landscape Waste is exempt from the rules promulgated by the Pollution Control Board . It was further amended yesterday to say any local government that had promulgated rules that superceded the Pollution Control Board rules could amend those rules in the future without losing their grandfathering. This billr without the last provision, passed the Senate last year, I think, 52 to 3 . It only deals those areas where there 's non-attainment. It perm its a local government to enact any kind of regulation of burning of landscape Waste that they're comfortable with, including an ordinance regulating the burning of it. It does not preempt home -- home rule. The 54 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6, 1997 Illinois Municipal League is supportive . The IEC is supportive . As I understand , the Farm -- the Farm Bureau is neutral on would appreciate movinq this process along and sending this back to the House .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Welch .
I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he w ill yield . Senator Welch .
Senator Rauschenberger, in view of your bill the other day , can burned landscape waste be used as cover at landfills under this bill , too?
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Rauschenberger .
Senator, I think we lre going to have to deal with that next year, 'cause I don 't know .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question isF shall House B ill 470 pass . Al1 those in favor w ill vote Aye . Opposed will vote Nay . And the voting is open . Have all voted who w ish? Have all voted who wish? Have a1l voted Who wish? Take the record . On that question, there are 54 Ayes, 2 Nays, l voting Present. And House Bill 470, having received the required constitutional majority, is declared passed.
PRESIDING OFFICER : (SENATOR WEAVER) e.. Rauschenberger, on 475? Senator Rauschenberger.
I'd like leave of the Body to return to this bill .
PRESIDING OFFICER: (SENATOR WEAVER) 55 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 Is there leave? Leave is granted . Senator Luechtefeld , on 483 . Out of the record . Senator Peterson , on 526 . Read the bill , Madam Secretary .
House Bill 526 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator -- Senator Peterson .
Thank you, Mr. President, Members of the Senate. This bill has two amendments . The -- khe billz itself -- excuse me a minute -- amends the Income Tax Act regarding the allocation of investment tax credit in the cases of partnerships. Amendment l is an initiative of the Illinois State Bar Association making a number of changes to the Dniform Penalty and Interest Act. And Amendment 2 amends the Sales (sic) and Use Tax Act to exempt industrial qases used or consumed in the manufacturing process .
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator Peterson , to close .
Appreciate an affirmative vote on House Bill 526, as amended.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall House Bill 526 pass . Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted who Wish? Take the record . On that question , the Ayes are 55, the Nays are 1, l voting Present . House Bill 526, having received the constitutional majority, is declared passed . Senator Peterson, on 528. Read Ehe bill, Madam Secretary .
House Bill 528 . ! 56 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 (Secretary reads tiEle of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR WEAVER) Senator Peterson.
Thank you , Mr . President, Members of the Senate . House Bill 528 , as amended, requires municipalities to transfer funds to mosquito abatement districts that are levied by the municipality for the same type and quantity of mosquito abatement services that are provided by the district. As I mentioned the other day, this eliminates double taxation between the municipality and the mosquito abatement district.
PRESIDING OFFICER: (SENATOR WEAVER) Is there d iscussion? If not, the question isz shall House Bill 528 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open . Have a11 voted who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 58, the Nays are none, none voting Present. House Bill 528, having received -- received the constitutional majority, is declared passed . Senator O 'Malley, on 558 . Senator O 'Malley? Excuse me . Senator Bomke . Out of the record . Senator Petka , on 574. Read the bill, Madam Secretary .
House Bill 574 . (Secretary reads title of bill) 3rd Readinq of the bill .
PRESIDING OFFICER : (SENATOR WEAVER) Senator Petka .
Thank you , Mr. President, Members of the Senate . House Bill 574 attempts to solve a coup le of school district issues, one in Peoria the sponsor of that amendment Was Senator Shadid - and 57 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : I I 50th Legislative Day May l6 , 1997 also for a school district in Will County. It came out of the Education Committee on the Agreed Bill List . I know of no opposition . I urge its adoption. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall House Bill 574 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have a11 voted who wish? Have al1 voted who wish? Take the record . On that questionr the Ayes are 58 , the Nays are none , none voting Present. House Bill 574 , havin: received the constitutional majority, is declared passed. Senator Madiqan r on 586? Read the bill, Madam Secretary . ACTING SECRETARY HAWKER : House Bill 586 . (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER : (SENATOR WEAVER) Senator Madigan . ' SENATOR MADIGAN : Thank you: Mr. President, Members of the Senate. House Bill 586, as amended, represents the culmination to a long-standinq debate in the State of Illinois with regards to selling insurance. It is the -* represents the maximum effort of the last fifteen months -- or, from the last fifkeen months , of intense discussions and neqotiations amongst the Illinois Bankers Association , the Professional Independent Agents, the Illinois Life Underwriters: the community banks, the credit unions, the financial institutions and the thrifts , in trying to arrive at an agreement to lift the cu rrent State Statute or p rohibition for sone institutions from selling insurance. This product before us represents what we think, at this point in time, is absolutely the best and -- best effort to be -- that can be put forth to givez ftrst of allz the consumer the mosk competitive market in the Staee of Illinois with 58 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAF SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6# 1997 regards to the purchase of insurance products , to elim inate the suggestion or thoughts of any possible pressure or coercion With regards to the sale of insurance, to make sure that that p roduct is properly advertised and , certainly , as far as customers ' personal information , to p rotect -- to protect that information. I -- I think , for those of you who have been around here longer than I have I 've been here since 1987 and this debate has been before us , I know , since then , and I 'm told that it has been before us long before then. So I think that this is something that we -- while this bill is entitled the Financial Institution (Insurance) Sales Law - I think that's a great title for those who sell that product - for us in the General Assenbly , I think it probably would be nore accurately entitled the ''Relief Billz'' because I think we can put this -- put this matter to rest, or at least , as far as we 're concerned , if this House Bill 586, as amended , is app roved . I think we have sone questions that rema in with regards to the financial institutions and securities r and think, Mr. Presidentr at this point in time, I Would just conclude my opening remarks.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Severns .
Thank you, Mr . President, Members of the Senate . Would the sponsor yield for a question?
PRESIDING OFFICER : (SENATOR WEAVER) He indicates he Will yield .
Just to establish intent , Senator Madiqan , is the intent of the bill to discriminate against financial institutions or to interfere With their ability to conduct business?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan. 59 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997
Thank you , Mr. President. The answer to that is no . This bill was neqotiated and agreed to by representatives of the various financial institutions that are defined herein and rep resentatives from the Professional Independent Insurance Agents of Illinois . The representatives of the financial institutions have stated that it is not the purpose and intent of this legislation to discriminate against them , and the regulatory scheme outlined by the leqislation does not p revent or significantly interfere with a financial institution 's exercise of their powers or their ability to conduct business.
PRESIDING OFFICER : (SENATOR WEAVER) Senator Severns.
Does the definition of ''financial institution'' for purposes of Section l403(c) mean that any financial institution as defined in Section 1402 Which transacts insurance business only through its subsidiary is not subject to the regulation of the Article?
PRESIDING OFFICZR: (SENATOR WEAVER) Senator Madigan.
No . Section l403(e) creates a definition of nfinancial institution'l for purposes of that Section only . Even if the financial institution eonducts its insurance activities only through the subsidiary, both the financial institution and ies subsidiary are subject to compliance with every other Section under this Article. PRESIDTNG OFFICER) (SENATOR WEAVER) Senator Severns .
Does the phrase ''on behalf of'' include an insurance company when acting as an underwriker or an issuer of insurance policies 60 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16y 1997 or annuity contracts?
PRESIDING OFFICER : (SENATOR WEAVER ) Senator Madigan .
No .
PRESIDING OPPICER: (SENATOR WEAVER) Senator Severns .
Final question , and then sone brief comments. Does -- does the phrase ''on behalf of'' include activities of any entity that is affiliated with a financial institution solely by virtue of common ownership?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.
No .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns .
Thank you , M r. President, and thank you , Senator Madigan , who I want to applaud for helping to work , and Work so hardg to bring this agreement about. Like Senator Madigan, I arrived in the Senate in 1987 , where we dve dealt with this issue of banks and insurance year after yea r. In fact, a member of the insurance industry, when announcing the agreement just a feW days ago, said that the issue has been dealt with since 1947 - fifty yea rs - and it's now coming to, what I believe, an historic and marvelous resolution . I was fortunate enough , many years ago , to be able to participate and represent , when I was with the U .S . State Depa rtment , the Agency for International Development at the Camp David accords . While -- obviously , I would not compare this issue to that, except to say the discussion for fifty yea rs then was 61 STATE OF ILLINOIS 90TH GENERAL ASSEMBEY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 that the aqreement could never be made; because of oil and water , it would never meet . Well, not -- again, this issue pales by comparison, but I just want to say that, in my judqment, this is a historic moment , at least in the banking and insurance institutions , and it 's one that all of us in the General Assembly can welcome and feel good about . It 's a win-win for consumers: and certainly it 's a w in for a1l legislators who have been battling this issue for many years. I hope this vote goes out unanimously . Thank you , M r. President .
PRESIDING OFFICER : (SENATOR WEAVER) Senator Peterson .
Thank you, M r. Presidene. Will the sponsor yield ?
PRESIDING OPFICER: (SENATOR WEAVER) He indicates he would yield.
Senator Madiganz for clarification purposes, in the definition of ''financial institutions'' in this piece of legislation, insurance companies are excluded . Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan .
That is correct, Senator Peterson .
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senator Madigan, to close .
Thank you, Mr. President. Pirst of all, or juse very briefly, 1et me say that we dre continuin: to work , or the groups are continuing to work . And as far as setting up the rules and regulations to be adm inistered by the Department of Insu rance , there's -- ''on behalf of'' remains just a little bit of a technical 62 STATE OF ILLINOIS 90TH GENERAL A SSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 thing, insofar as definitions. Bu* I want to assure the Members of the General Assembly that , as far as the industry is concerned on both sides of this issuer this is a ninety-nine-and- forty-fou r-one-hund redths-percent agreement , and I would ask for your favorable consideration of House Bill 586, as amended .
PRESIDING OFFICER: (SENATOR WEAVER) The question is , shall House Bill 586 pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have all voted who wish? Have all voted who wish? Take the record . On that question , the Ayes are 56, the Nays are none , 2 voting Present . House Bill 586, having received the constitutional majority, is declared passed . 593. Senator Madigan . Read the bill, Madam Secretary . ACTING SECRETARY HAWKER I House Bill 593 . (Secretary reads title of bi11) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR WEAVER) Senator Madigan .
Thank you, Mr. President, Members of the Senate. House Bill 593 , as amended , affects two pension systems , neither one of them being the State of Illinois any Staee of Illinois pension system. First of all, it allows portability for police officers to move from one downstate police pension system to another downstate police pension system , takin: with them the employer and employee contribution , so there is little , if any , impact on either pension system , leaving or entering . And the second poreion of House Bill 593, as amended : extends the early retirement option for Cook County for five yearsr from 1997 to 2002. This is not -- this is not a five-and-five program . It 's just the early retirement option. 63 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997
PRESIDING OPFICER: (SENATOR WEAVER) Is there discussion? Senator Clayborne. Senator Clayborne. If there's no further discussion, the question is, shall House Bill 593 pass. Those in favor will vote Aye . Opposed , Nay . The voting is open . Have all voted who wish? Have all voted who wish? Take the record . On that queotion, the Ayes are 54, the Nays are 2, none voting Present . House Bill 593, having received the constitutional majority, is declared passed. For what purpose does Senator Clayborne arise?
I rise for a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) State your poinE , sir .
Currently standing here at my my statlon is Dee Reed from Cahokia and Loretta Lopeno from Cahokia , two of my greatest constituents. I 'd like for the Senaee to -- to recognize them .
PRESIDING OFFICER: (SENATOR WEAVER) Welcome eo Springfield . We will eome back to 611 . Is there leave? Leave is granted . Senator Cullerton , on 613. Senator Cullerton, on 613. Read the bill , Madam Secretary .
House 3ill 613. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER : (SENATOR WEAVER) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill comes to us as a result of efforts on behalf of the Chicago Bar Association and the Secretary of State's Business Advisory Committee . It changes the procedures for corporations to effect a 64 STAT E OF IL L INO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 business combination. Changes the definition of ''interested shareholder'' as a person who holds fifteen percent or more of the outstanding shares of a corporation or is an affiliate or associate of the corporation and was owner of fifteen percent or more of the corporation for the three years immediately precedinq the date of termination . We also adopted an amendment this mo rning that grandfathers in shareholders who purchased shares prior Eo the time this Section first applies to the corporation and would allow a corporation's decision to opt out of having combination Sections apply to them because -- become effective immediately in certain circumstances. This is a very technical bill worked on w ith the Chicago Bar Association committee z as well as the Secretary of State. I will try to answer any questions. I hope nobody has any, and I would ask for an Aye vote .
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not , the question is, shall House Bill 6l3 pass. Those in favor will vote Aye. Opposedg Nay . The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 57, the Nays are none , none votin: Present. House B i11 613: hav in: received the constitutional majority, is declared passed.
PRESIDING OFFICER: (SENATOR DUD/CZ) Senator Smith, what purpose do you rise?
Would you please register me as voting for the legislation Ehat just passed. T?m sorry.
PRESIDING OFFICER: (SENATOR DUDYCZ) The record will so reflect your intention , Senator.
A ïes vote , please, by al1 means .
PRESIDING OFFICER: (SENATOR DUDYCZ) Yes , Senator . With leave of the Body , We Will return later to 65 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 House Bill 657 . I beg your pardon . 652. Ready? House Bill 652. Madam Secretary , read the bill.
House Bill 652. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
Thank you , Mr. President, Ladies and Gentlemen of the Senate . House Bill 652 isz hopefully, the final iteration of the consolidation of the odd-yeared November election into the municipal election in April. We've worked through, we think, the constitution problems of shortening terms by phasing in the -- the elections. November of '97 is not affected . All parties have had access to this bill and agree that We 've met the constitutional test . This is strongly supported by David Orr, Clerk of Cook County. It passed out of the Senate just a few Weeks ago, with 53 votes , w ithout the refinements . I Id app reciate your favorable roll call .
PRESIDING OFPICER : (SENATOR DUDYCZ) Is there any discussion? Senator Link.
Yes . Just a comment . I want to commend , first of all: Senator Rauschenberger for the long hours that we put in on this bill, and say that this is a positive, good government bill , as I said senate Bill 200 was that we passed out of here ; that we dve worked on the problems. And the calls are coming into my office , and I 'm sure Senator Rauschenberger 's office , probably at a twenty-to-one level in favor of this bill; that this is a bill that ds long overdue y and I would hope that we would get a positive vote on this . 66 STATE 0F ILLINOIS 90TH GENERAL A SSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997
PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? Senator Watson .
Yes . Thank you , M r. President . I appreciate the fact that David Orr supports this, but he doesn 't have a lot to say in my district. What I 'd like to know , is the State of -- School Board Association - how does School Board Association feel about this?
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Rauschenberger.
Senator Watson , the School Board Association has never supported this bill in the three times that we dve passed it out of the Chamber . They would prefer to have their own November election, but in the interest a) of savinq money, and b) increasing voter turnout, the average November odd-year turnout runs anywhere from six to eleven percent . Moving it to a nonpartisan April election nearly doubles the turnout, as well as saving that election cycle. So although the School Board Association is not in support of the bill , they are technically we worked very carefully with them to make sure they were comfortable with the direction of the changes. So this would be - - they dre in opposition, but not strong opposition .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Is there anyone else who may be in opposition , maybe r but not strong opposition?
PRESIDING OFFICER : (SENATOR DUDXCZ) Senato r Rauschenberger.
Well, being as -- beinq as it 's a Rauschenberger bill, I -- I would have to assume that Senator Welch is in opposition. I would 67 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 also , frankly r tell you that the Community College Trustees Association would prefer to be able to call their own Saturday election in November, rather than either stayinq on this one or going to the spring one . So they are in opposition , but they dre com fortable with the phasing of the terms . And I think the Park Districe Trustees Association z which is not terribly actlve , has exactly the same concerns. They dre all fairly com fortable with the November election as it exists, but...
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson .
Well, once again, Senator Welch is a fine guy , but he doesn 't have a whole lot to say in my district either. But I -- I can remember when *e debated the consolidated election law , and I was around here for that. That might even have been before the insurance/banking problem, but -- and everybody supported that. I think it just almost flew out of the House. I Was in the House at that time, and there was a hundred and seventy-seven of us, and I think everybody thought that was such a great idea . Now , it was go ing to save all this money, and I 'm not so sure it has. I mean , if you talk to county clerks and you see what the costs of elections are anymore, I think that -- that it's qotten prohibitive, at least in some areas of the State where you have a low voter turnout. Now -- well, that 's not what we dre about to do here, is it, is create another supposedly cost of savings for local units of government and then have it bite us later? That 's a question, r guess.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberqer.
Senator Watson, I -- I don 't believe there's anything mythical about the cost savings of running an election in a hundred and two 68 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 counties and countless precincts when you put three to five judges and pay them for that election . In many cases there are there 's very -- conmunity college trustees are not hotly contested races . Erequently , those are affirmations of people running . School boards sometimes are contested and sometimes note but this is clearly an opportunity to save money from that point of view . It certainly will complicate for a short period of time the clerks . The clerks almost have two years to work this into the process .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Shaw .
Thank you, Mr . President. My question for the sponsor...
PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor indicates he will yleld . Senator Shaw .
What 's the effective date of -- of this legislation?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.
January lst of 1998 .
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Fawell .
Thank you very much . I 've been talking to ou r Election Commission commissioner. Can you tell ne exactly what's going to al1 be involved in this? We dre going to have municipal elections e plus school board elections, plus fire district elections , plus community college elections, plus what else? Township elections...
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger . Senator Rauschenberger .
69 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 I think you 'd want to add tù'wnships to that cycle as wellz but what this bill does, this bill doesn't make April any different. This bill takes the school boards , the community college trustees and park districts and moves them into the April election with the other offices that are currently contested . Every where everybody livesy the jurisdictions differ. So I I can't specifically answer for each -- each area , but it 's the April election, plus three others.
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Fawell . SENATOR FAWELL Z Well , are we also including , like , library boards?
PRESIDING OFFICER : (SENATOR DUDVCZ) Senator Rauschenberger .
Library boards are already in the April election .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell .
You know , I lm -- my concern , frankly r in in -- for instance, my precinct, I've already got, liker five ballots that people have to come in and try and figure out which ballot they are in : because I've qot some people that are in the municipality , some people that are just in the township, some people that are in a park district, some people that are under one school board, some tha: are under ano ther school board . T 've been told kha t if this bill qoes through, our clerk is going to have to worry about approximately three hundred different ballot forms tn the County of Dupage. Three hundred. Now, if my judges aren't screwed up now , they sure as heck w ill be . You know , I -- I agree With your concept. I'm not really sure, outside of the County of Cook , that this is such a great idea until we sit down and really talk to 70 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16 , 1997 these clerks and find out exactly What are We getting ourselves into . Three hundred ballots in one county is an awful lot of ballots .
PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? Senator Klemm .
Just a brief question of the....
PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor indicates he will yield . Senator Mlemm .
Senator Rauschenberger: one question about how the county clerks can handle this . I understand many times it has to be paper ballots and they use different colors and sometimes we get so many that they donlt even have that number of different colored ballots they can use and there 's confusion on that r plus does it violate perhaps the usez or prevent the use of the voting puneh machinesr because We have so many . I think that's a concern , Whether we can mechanically, if you will, or administratively administer a1l those names that Senator Fawell has answered . But -- I'm not opposing your bill. just nred that for clarification. Thank you .
PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? Senator Peterson. Oh, beg your pardon . Senator Rauschenberger.
Well, just to clarify a couple of those points real quickly. I couldn't agree With Senator Fawell more. The proliferation of special unit government in the State of Illinois is the fundamental problem . You can't solve that with an election consolidation . You dre absolutely right. You also can 't solve that by having an unattended , expensive election that you don dt :et voter turnout in the fall. I would heartily support us takinq a 71 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6' 1997 hard look at the consolidations of special unit and forcing coterm inous borders. We 've made some mistakes in Illinois , think, under the '70 Constitution in allowing the -- the situation you dre talking about to take place . And what I Would reliably inform both Senator Fawell and Senator Klemm is this is not a new idea . We 've passed this bill at least on two other occasions . think it 's actually three . The clerks have been in on the discussions a1l along . The school boards have been fully aware of this . We a re reliably informed by the State Board of Elections that this is doable , that they dve -- they 've Worked out the logistics . We 've offered to change the bill on any request that they 've had . We 've had numerous conversations with the Dupage County Clerk . So , you know , I 'm not saying that everybody thinks this is a good idea. I just don't want you to think that Senator Link and I popped this up a couple of weeks ago . This is actually an improvement of the bill 'cause it further modifies it to -- to deal with the concerns of the School Board Association . This -- other than that, it 's precisely the same bill that passed out of here 57 to nothing .
PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? Senator Peterson .
Thank you, Mr. President. To the bill, just a little history: You know , the units of local government years ago, until the early eighties, they handled their own elections, they paid for the elections. and then the county clerks came along and sa id , ''Hey , we can consolidate this and let's have these polling places al1 at the same place and give us a special levy . G ive us a special levy so we can pay for it .n And the Leg islature d id . Now what We do is we continually erode. We 're going to do this; we dre going to do that. Why don 't we have one election every two years and get it over with? You know , I think we dve gone too far. It 's big 72 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 brother -- you know z we gave them the money to do it and now they say , ''oh , we don 't have enough .'' We give them stipends to run the county government and they still don 't have enough . So I think, just as a matter of principle, vote No on this bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? If not, Senator Rauschenberger, to close .
I just want to thank everybody for their -- their rapt attention to this bill . I don 't know hoW I take these 57 to nothings and turn them into tough bills. But I'd just like to rem ind everybody the proponents on this bill are the Association of County Boards, the Cook County Clerk David Orr, the Illinois Farm Bureau . There is some opposition from the School Management Alliance, Community College Trustees Associationy Scope and ED-RED . The bill has been passed by this Body on two other occasions. It's a good idea. The bill is better than it was before . And frustration aside , I 'd ask for a favorable vote .
PRESIDING OFFICER : (SENATOR DUDYCZ) The question is , shall House Bill 652 pass . A ll those in favor will vote Aye. Opposed will vote Nay . And the voting is open . Have al1 voted who wish? Have a11 voted who w ish? Have all voted who w ish? Take the record . On that question , there are 48 Ayes , 5 Nays, and 2 voting Present. And House Bill 652, having received the required constitutional majorityz is declared passed. House Bill 674. Senator Sieben . M r. Secretary r read the bill.
House Bill 674 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Sieben . 73 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997
Thank you, Mr . President. This legislation amends the A nimal Control Act to allow counties to grant police powers, pertaining only to this Act, to animal control wardens , powers that they had up until a few years ago . The first amendment removes some objectionable languaqe dealing With counties providing additional powers through county ordinance . That was removed from the bill. The second amendment was a clarifying amendment from the Department of Agriculture allowing them to designate What livestock diseases are contagious . And then the third amendment allowed arbitration for police officers ' residency requirements in municipalities with a population under a thousand (sic), similar to legislation we gave to fire fighters to have that same ability in arbitration . ask for your Aye vote .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Lauzen .
Just a question for the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield . Senator Lauzen .
I 'm sorry . I 've been reading my mail lately and so I'm comin: up with some unusual questions from folks back home . This -- this -- and you may have already mentioned this, but this doesn't allow them to carry weapons : does it? PREETDTNG OFFTCERI (SENATOR DUDYCZ) Senator Sieben.
The legislation Would allow the county to authorize their animal control officer to ca rry a firearm .
PRESIDING OFFICER : (SENATOR DUDYCZ) Further... 74 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997
Only for the support of and enforcement of the Animal Control Act.
PRESIDING OFPICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is r shall... Senator Patrick Welch .
I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield . Senator Welch .
Senator Siebene the animal control officer goes out when there's a dog bite or something and he has equipment to capture a rabid dog , or whatever. Why does he need to carry a :un as well? I don 't -- I don 't quite understand the logic behind that .
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Sieben .
In some situations he may not need to use a firearm .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Welch .
Well, thae seems a good reason noe to let him do ie at all. Just becausez you know, he's got tranquilizer guns, he has nooses, he has all this other stuff. They 're not al1 that trained . They 're -- they 're somebody the county boa rd puts on there because being a -- a dog catcher is something that probably doesn 't require a great deal of skill , and now you want to arm them to the teeth. I donlt understand the rationale behind that.
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Sieben . SENATOR SIEBEN ) 75 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 In the example that Rqpresentative Black gave in the committee , and this is an issue that Rep resentative Black and Senator Woodyard had worked on for about five years, they gave the example of a dog that was attacking a child and they needed to actually shoot the dog - euthanize the dog , rather than use the tranquilizer gun . In that situation, it was a matter of time , and had the animal control officer had a firearm they would have saved that child about a hundred and eighky stitches and a crushing of the skull .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Welch .
ThaE's assuming the animal control offer (sic) hiE the dog with the bullet and not the child, I -- I Would guess. It seems to me that just to have people out there carrying guns just because one incident in the last five years happened isn 't a good rationale to let every single animal eontrol officer in the State carry firearms .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If notr Senator Sieben, to close.
I think just to state, in response to Senator Welch's comment, this doesn't authorize every animal control officer in the State to carry a firearm . It allows each county to give that authority . They can grant the authority. The can take it away. And it's only fo r the enforcement of this Act . I think it makes real good sense. And up until just a couple of years ago animal conerol officers a1l across this State had this authority . I ld ask for an Aye vote . PRESIDING OFPTCERt (SENATOR DUDYCZ) The question is, shall House Bill 674 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is 76 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6e 1997 open . Have all voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record . On that question , there are 42 Ayes , 13 Nays, and 3 voting Present. House Bill 674 , havin: received the required constitutional majority, is declared passed. Now on the top of page 5 of your regular Calendar on the Order of House Bills 3rd Reading is House Bill -- House B ill 679. Senator Thomas Walsh . M r. Secretary , read the bill.
House Bill 679. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh .
Thank you, Mr. President. House Bill 679 is the liquor bill. provides that a brew pub licensee shall not sell more than fifty thousand gallons per year off-premises -- for off-p rem ises consumption . Provides penalties for selling or serving from a bottle of alcoholic liquor with a foreign object in it. Provides that the term ''permanent inside sign'' does not include sp irits or wine lists and menus. Provides that the term ''temporary inside sign'' shall not include alcoholic lists and menus . Prov ides that glassware is not an inside sign or advertising material and may not be provided to retailers free of cha rge . It p rovides that a manufacturer, distributor or importing distributor may sell coil cleaning services to a retail licensee at fair market cost. Provides that if a licensee or officer, associate , member, representative , agent of employee of the licensee is prosecuted for selling , giving or deliverlng alcoholic liquor to a person under twenty-one years of age, the person under twenty-one years of age who attempted to buy or receive the alcoholic liquor shall be p rosecuted -- pardon me, may be prosecuted . Increases the 77 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 penalty for using a fraudulent identification to buy alcoholic liquor and the possession of alcoholic liquor by a person under twenty-one years of age from a Class B to a Class A m isdemeanor. It provides that a retail licensee may conduct product sampling . It deletes provisions concerning sales on credit. This is a agreed-upon bill. I don 't know of any opposition , and I 'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Bowles . Nope . If not , the question is , shall House B ill 679 pass . Al1 those in favor will vote Aye . Opposed will vote Nay . The voting is open . Have all voted who w ish? Have all voted who wish? Have al1 voted Who wish? Take the record . On that question , there are 57 Ayes, no Nays, none voting Present . And House B ill 679 , havin: received the required constitutional majorityz is declared passed. Senator Bowles, what purpose do you rise?
For a point of personal privilege, Mr. President .
PRESIDING OFFICER : (SENATOR DUDYCZ) State your point .
I have with me on the Ploor of the Senate today the newly appointed County Clerk of Madison County : Who was appointed upon the death of the County Clerk recently , and W ith Mark Bonita z who is the appointed Clerk, are his deputies, Colleen Spudich and Bob Jennings . I might say that I hired Colleen Spudich . was the graduation speaker at her high school graduation and hired her out of the graduation line . And Bob greeted us . He Was the first person who came to our house when we moved to a new neighborhood . Here was this little four-year-old guy who came over and -- and -- and welcomed us to the neighborhood . He 's now , of course y the father of two sons . And I Would like the Senate to recognize ... 78 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6 , 1997
PRESIDING OFFICER: (SENATOR DUDYCZ) To our guests, Welcome to Springfield . House Bl1l 729 . Senator Butler . Out of the record . House Bill 740. Senator Watson. Mr. Secretary, read khe bill.
House Bill 740. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Watson.
Yes. Thank you . Those of you who may be readinq your analysis or lookin: at the Calendar, th is legislation currently has nokhing to do with either, hopefully. I'd like the indulgence of the Senate to pass this bill. It has some objectionable language coming -- in regard to East St. Louis schools, but we have agreed to take that out. I have talked to the House sponsor of the bill. He's agreed to call for a conference committee and there ls -- the additional language that 's in here deals with sprinkler system requirements for schools, and We've worked this out with the union dealing with the installation of sprinklers. So we want to do that in a conference comm ittee, and I 1m asking the indulgence of the Senate to -- to count on my word that that will be done and we will ask for a conference committee, and that is what Will happen. PRESIDING OFFICERI (SENATOR DUDYCZ) Is there any discussion? If not, the quesEion is, shall House - - Senator Demuzio .
Is there any consolidation of elections in this -- in this bill anywhere?
PRESIDING OFFICER: (SENATOR DUDYCZ) 79 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 Senator Watson .
No .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is, shall House Bill 740 pass. All those in favor will vote Aye. Opposed Will vote Nay . And the voting is open . Have a11 voted Who wish? Have all voted who wish? Have al1 voted who wish? Take the record . On that question , there are 56 Ayes, 1 Nay: none voting Present . And House Bill 740 , having received the required constitutional majority, is declared passed. Senator Linkz what purpose do you rise?
Poine of personal privilege .
PRESIDING OFFICER : (SENATOR DUDYCZ) State your point.
On Senate (sic) Bill 652, which we were pushin: there, pushed my ïes button, but I guess it didn 't record , but I want to be recorded as a Yes on that vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) The record will so reflect your intent.
Thank you .
PRESIDING OFFICER: (SENATOR DUDYCZ) With leave of the Body, we will return to -- later to House Bill 768 . House Bill 847 . Senator Fawell. Mr . Secretary z read the bill .
House Bill 847 . (Secretary reads title of bill) 3rd Reading of the bill. 80 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997
PRESIDING OFFICER : (SENATOR DUPYCZ) Senator Pawell .
Thank you very much . What this bill does is it allows Warrenville -- City of Warrenville to shift the property tax extension for the special west suburban retarded cikizens ' group over to the park district where it belongs.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is , shall House Bill 847 pass . All those in favor w ill vote Aye . Opposed Will vote Nay . And the voting is open. Have a11 voted Who w ish? Have all voted who wish? Have al1 voted who wish? Take the record . On that question , there are 51 Ayes , 4 Nays, none voting Present. And House Bill 847 , having received the required constitutional majority, is declared passed. House Bill 898. Mr. Secretary, read the bill.
House Bill 898. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR DUDXCZ) Senato r Maitland .
Thank you very much , Mr . President and Members of the Senate . House Bill 898, as amendedr is substantially different than it was when it came over here from the House . This Was a grant program for school d istricts whose buildings had been condemned and would provide for revenue for their relocation expenses . We have tightened this bill up substantially. Senator Berman was a part of those discussions . is my hope , M r. President, that we move this bill out of here today . Yesterday we passed out of here House Bill l8 , which contained the -- the bondinq language -- or , 81 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 possible bonding lanquaqe for school districts that we hope Will be a part of whatever package we pass on school bonding . And I believe this concept here on temporary relocation expenses m ight well be a part of that . The language I think that we dve put in here tiqhtens up the abuses that we thought were possible . think this is a good concept and would like to have it continue to move through the process .
PRZSIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is , shall House Bill 898 pass . A11 those in favor will vote Aye . Opposed Will vote Nay. And the voting is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take the record . On that question, there are 57 Ayes: no Nays, none voting Present. And House Bill 898, having received the required constitutional majority, is declared passed. House Bill 909. Senator Fitzgerald . House Bill 918 . Senator Maitland . M r. Secretary, read the bill .
House Bill 918. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Maitland .
Thank you very much z M r . President, Members of the Chamber . House Bill 918 does create the Youthbuild Program . This is a program that was that has its beginning in Washington and has branched out to a number of states . There are three programs that a re taking place in Illinois right now . They will ultimately be asking for perhaps as much as three hundred thousand dollars, perhaps more than that as the -- as the program grows, but this is a a voluntary program and the individuals that are involved are 82 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May 16, 1997 from age sixteen to twenty-four who are, for the most part, not in any kind of a structured school program . Under the plan they have to be in a structured classroom fo r about fifty percent of the time and on a job the rest of the time. There is -- as a part of this program , local contractors help . They work on homes that will be sold ultimately to low-income people . I have seen, as has Senator Syverson seen in the Rockford area, the benefits of this plan. They learn on-job skills with the help of contractors and others who help and assist with it . They buy the homes and sell them at an appraised value to the low-income fam ilies . I think it 's a good program . I think it 's something we ought to try and would seek support of the Body .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 9l8 pass. All those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have all voted who Wish? Have a1l voted who wish? Have all voted who wish? Take the record . On that question , there are 56 Ayes, no Nays e none voting Present . And House Bill 918 , havin: received the required constitutional majority, is declared passed. House Bill 922. Senator Walsh. Thomas Walsh . Mr . Secretary g read the bill .
House Bill 922. (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh .
Thank youz Mr . President . House Bill 922 requires the title companies and agents to file their highest fees . If the company or agent increases or adds a fee , it must file notice of the new fee and wait sixty days for it to take effect . It may decrease a 83 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 charge or fee: and khe decrease would become effective upon being filed with the DFI -- the Department of Financial Institutions. Additionally , it permits title insurance companies and agents to perform escrow services. The agent must have specific written escrow authority from the company and must be registered with the Department of Financial Institutions and notice of the escrow authority p rovided to the Department of Financial Institutions . And I 'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Petka. Any further discussion? Senator O 'Malley .
Thank youz Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he w ill yield . Senator O lMalley .
Senator Walsh , can you tell me and the Members of this Body what it will cost to implement the -- this program that is contemplated under this legislation as it exists today?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sena tor Walsh .
The -- no r I can dt . What I can tell you : though , is that the Department of Financial Institutions has no position on -- on this bill. And I would expect that if there was going to be a significant cost , that the Department would have taken a position, more than likely, againsk it.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator O 'Malley .
Senator Walsh , the program that -- that is contemplated in this legislation, while it is in the nature of some regulation, is 84 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 not full-blown regulation . If this legislation were to become the foundation upon which full-blown regulation of the title insurance industry Would occur, do you have any idea What the fiscal impact of the taxpayers of Illinois would be in that event?
PRESIDING OFFICER : (SENATOR DUDXCZ) Senator Walsh .
I -- I don lt. I don 't see where there would be a fiscal impact to the taxpayers of the State of Illinois, to be very honest w ith you . I don 't see where there 's qoin: to be additional costs. As I saidg and you know that whenever there ls any whenever there 's legislation that 's going to impact different agencies - and this one I Would expect is going to probably have some impact on the Department of Financial Institutions - that the department would normally come out opposed to the legislation . And the Department has taken no position on this and has not indicated to anyone that this is going to siqnificantly affect their budget.
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator O 'Malley .
Again, thank you z M r. President . Just to the bill, if m ight . Senator Walsh is someone who I have a great deal of respect for, both personally and as a legislator . He is Vice Chairman of the Financial Institutions Comm ittee r which I have the opportunity and pleasure of chairinq, and he's been a qood and faithful Vice Chairman and a great help to me . But on th is particular p iece of legislation , he and I and the members of this caucus have not gone in the same direction. And I might add that, Senator Walsh, you have made a valiant effort to try and turn this legislation into something that looks like it 's to protect consumers . The reality of it is , thouqh , no matter how much perfume you put on this particular pig , it is still a pig . I said 85 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May 16, 1997 earlier in -- in comm ittee , when we considered *he amendment thak you put on today , that this whole leqislation May be analogized to a rebel without a cause . This is regulation without any reason of any kind . Where do we stop , once we go down this road , Ladies and Gentlenen? Are we going to decide that just because we want mortgage companies to declare what their rates are going to be and that the marketplace can only fluctuate under certain circumstances, provided those mortgage rates are actually reported to some -- some State agency in Illinois -- where is th is going to lead us to? This is -- this either is going to lead us to full regulation of the title insurance industry , which , in my op inion, Ladies and Gentlemen, would be an absolute travesty for Illinois consuners , or it may lead to additional legislation like this that would pull in the mortqage industry and other industries that, frankly , don 't need to be requlated , that the marketplace can actually do the job and do it quite well. Ladies and Gentlemen of the Senate, the current system is working and it is working very well. Senator Geo-Karis gave an excellent example in committee today , and -- and I see her liqht is on and 1 111 let her speak to maybe what she -- she wants to relate and share w ith you today . I have had the pleasure of Working w ith many title insurance companies throughout Illinois in my brief practice as an attorney in this State , and I can tell you that I want to have the unfettered ability , as a legislator, to advise my clients where to go and get the best possible title insurance, both in terms of rate and p rotection . This legislation would diminish my ability to do this. And lastly, I would say this: At a time When We are looking for funding for schools and other important issues that are facing the State, With all due respect to my colleague, Senator Walsh , there is a fiscal impact here . He doesn dt know what the fiscal impact is today . None of us do . He won 't know what the fiscal impact is years to come as this thing grows, and 86 STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6, 1997 gets bigger and bigger, into full-blown regulation . But would suggest to you that it is folly for us to move forward w ith a legislative package such as this one that would , in fact , represent a huge impact, potentially , on the cost of Illino is doing business , and it certainly would not, in my opinion, even with the fine amendment that he worked diligently to try and put on this leg islation today , to really be in the best interests of Illinois consumers for title insurance . Thank you .
PRESIDING OFFICER : (SENATOR DUDYCZ) Further discussion? Senator Petka .
Thank you , Mr . President . I would move the p revious question.
PRESIDING OFFICER: (SENATOR DUDYCZ) There are six additional speakers . Further discussion? Senator Hendon . Further discussion? Senator Welch .
Mr. President, I 'd like to declare a conflict of interest and state that 1 '11 be voting Present on this bill. ;
PRESIDING OFFICER : (SENATOR DUDYCZ) Further discussion? Senator Geo-Karis .
Mr . President, Ladies and Gentlenen of the Senate , this bill was well debated in our committee , and I -- I echo the remarks made by Senator O 'Malley . You know , they tout -- they tout this as a consumer's bill. It's not a consumerls bill, because if there 's going to be added costs, it 's going to be passed on to the consumer. And I like to feel that the companies that I deal With - and I deal with title companies; I have about ten of them in my area - Ehe oompanies I deal with, I want them to be responsible and fully funded so that if they make a mistake , they lre able to pay it. About -- a couple of years ago , for example, there was a mistake made in a title report which was a couple of million 87 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 dollars , and I know that it 's a solvent company , a very good company that's been in business a hundred and fifty years. The Chicago Title Company made it good . Now , some of these companies , they don 't have the assets that they should have so that they can cover their mistakes , and some of the mistakes can be very sizable . It 's not a consumer bill at all, and that 's what it 's touted to be. It's one that will -- might be more dangerous to the consumer, because if they deal with a title company thatls not fully funded the way it should be, they can lose if they can 't cover their losses and their mistakes. And certainly speak against this bill, much as I like the sponsor, because I dbn't think it 's a responsible effort to help the consumer . I think it dll take away from the consumer in the lonq run , because if there are added costs that the companies have to pay r they dre going to pass them on to the consumers. And furthermore, I'd like to see the companies that are responsible be funded enough to take care of their obligations, and think what you lre doing is letting some of the fly-by-nights come in and benefit from the expense and the experience of the more mature companies that have been in business and know their stuff .
PRESIDING OFFICER: (SENATOR DUDXCZ) Further discussion? Senator Hawkinson .
Thank you , M r. President. While I personally don 't write title insurance , the firm that employs me may write some , and , khereforeg I will be voting Presenk.
PRESIDING OPFICER : (SENATOR DUDYCZ) Further discussion? Senator Hendon.
Thank you , Mr. President . Just a brief comment . This was debated in committee , but I rise in strong support of the bill . I don't buy into the argument that if there's additional costs for 88 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 letting the consumers know Qhat the highest rate is, that the title companies are automatically goinq to be p rofit-gougers and just pass that on to the consumer. This gives the consumer an opportunity to know what the highest rates are - it doesn 't even deal with the lowest rates - so that people can look around and shop at home and make a determination that will benefit their family and their -- getting the title to -- When they're -- doing a close . So I rise in support of this bill, and I don 't think the title insurance companies are qotng to be irresponsible and just gouge and make more profit .
PRESIDING OFFICER : (SENATOR DUDYCZ) Further discussion? Senator Butler.
Thank you very much, Mr. President. Let me just -- just cut to the -- what -- to the center core of the -- of the argument, at least in my estimation . Like so many other things we deal with on this on this Floorz the devil is in the details, and so it is with this bill. This is a very thinly disguised effort to -- to fix prices. There's no other reason for it, and not -- because it inevitably will drive prices up. Can you imagine being in a business where you have to register your highest price, and then whenever you want to lower that price, you must go back to the to the insurance control people and tell them what you want to do? The -- the -- the problem is that -- that the effort by some of these companies now is to try and force their way into the market and -- at a slightly hisher price because they find it difficult to compete . Well, too bad . You know , every -- I can khink of fifty businesses that would love to have this kind of a control and this kind of a protection. @o I would say that we should avoid every temptation there is to fix prices, because I think this is exactly what will happen here .
PRESIDING OFFICER: (SENATOR DUDXCZ) 89 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 Further discussion? Senator Molaro .
Thank you, Mr . President. Would the sponso r yield for a question?
PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor indicates he will yield, Senator Molaro .
How many -- do you know neighboring states or how many states have a bill or a Statute sim ilar to this?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh .
You know , I don 't know exactly how many . I know that Florida does has have a bill that is even , I guessy more restrictive than this bill is , and I know that there are several oeher states that do. Exactly hoW manyr I -- I'm not positive.
PRESIDING OFFICER : (SENATOR DUDXCZ) Senator Molaro .
Well, then just quickly: I -- I can't really understand where the additional cost item comes in, 'cause a1l we're talking about is that we have all these title companies out there. And title insurance , of course , as we a1l know , is a different animal than reqular insurance . You lre always seein: insurance companies - car insurance. They're advertising. They show rates. You can easily call an insurance company , I'Whak would you charge fo r car insurance?'' Every time my rates go up for car insurance, me and my wife called fifteen different places . You get rates all over the place. I have no idea how would you find out what a title insurance is charqing. Most -- most of the eonsumers just accept it. And I do closings, and you go there and you tell them itls four hundred dollars , five hundred dollars, and they go ''Whoa ! 90 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 Four or five hundred?'' But there 's really no way to find out what 's goinq on . Now , to come up and say that it 's an extra burden for a title company to say these a re the rates we 're going to charge for the next sixty days, ninety days, thirty days - this isn 't regular insurance . It 's not going to be so volatile that one year they 're qoing to charge -- or, one day they lre going to charqe five hundred for a hundred thousand dollars ' worth of insurance , and the next day they lre doing to say , ''Uh-oh , we dre qoinq to have to charge much , much more .'' They don 't change their rates that much . All this is asking is they make a rate card and they send it into -- to the DFI . That 's al1 they dre do ing . It doesn 't -- don 't understand where the cost comes in . This is good consumer legislation . They make a rate card . They send it in. They can decrease it any time they want . If they want to increase it, they make another rate card that takes about five minutes and they send it in# and the consumer can see what 's going on. And if some of the major title companies don't like that or whoever it is that doesn 't like that, they don 't like it because they don 't want people to know What their fees are and what they 're charging ; it 's not because of increased costs . Thank you .
PRESIDING OFFICER : (SENATOR DUDYCZ) Further discussion? Senator DeLeo . SENATOR DeLEO : Thank you , Mr . President . On House Bill 922, because of a conflict of interest, 1 '11 be voting Present.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? SenaEor Carroll .
Thank you , Mr. President, Ladies and Gentlemen of the Senate . 1 , too , rise in support and I -- I guess I 'm a little confused by the debate . As I understood the bill as it came through committee, this has nothing to do with the the amount of 91 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 insurance behind it - that 's regulated elsewhere - so that if there was a two-million-dollar hit on one of these title companies , they would have had to have had insurance under the State of Illinois to cover it . So that this b ill has nothin: to do with that, whatsoever. What does do , however, is let the consumer be informed . What is w rong with that? And if a title company wants to charge a fee , they have to post it . They cannot charge you any more than that. They can charge you less . If they want to charge more z they have to go to the Director and file a card that says ''We 're going to charge more r'' and that cannot be effective for sixty days. If they want to charge less, they just call them right away and say HWe dre go ing to charqe less z'' and that 's effective right away . NoE only is that good for consumers, we did the same thing years ago with hosp itals . We said that hospitals had to post the rates for their most common procedures in the admission room . So for those people who were not emergency and wanted to walk in and see what a charge is for an appendectomy or something else, they could actually do some comparison shopping by having the charge posted on the wall. We do require fees on currency exchanges. State sets that and says that they have to be posted . And if you talk about Who else does itr did you ever go into a car dealer? There 's a sticker price . Now , no question, they could charge you more . Traditionally they charge you less, but there 's prices there . What 's wrong with posting prices so the consumer can find out what it 's all about? And if business is sharp and wants to charge less , all the better for the consumer . I think it's a good idea .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Walsh .
To close?
PRESIDING OFFICER : (SENATOR DUDYCZ) 92 STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 Senator Walsh r to close .
Okay . First of all , Senator Butler, I don 't see the price-fixing issue. Geo, -- I -- -- this bill is not going to limit the companies khat you 're talking aboue from doing business in the State of Illinois . They dre doing business. don 't know what companies they a re . They are doing business in the State of Illinois . They are going to continue to do business in the State of Illinois , even if this bill fails . And , Senator O 'Malley , I just -- every time -- and I1m on the Appropriations Committeew but every , single time there is a -- a fiscal impact to any department , that department -- and I don 't care if it 's fo r a dollar, ten dollars, a million dollars, that department files a slip in opposition of whatever the -- the legislation is. And I don 't think that the Department of Financial Institutions would be any different. I see this bill as a good-for-the-consumer bill, and I'd just ask for a favorable vote.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Walsh , for what purpose do you rise? I beg your pardon. Senator O 'Malley , what purpose do you rise?
With due respect to the Body and to you , M r. President, my name was mentioned in the close, and I would like to respondr if I could . PRESIDING OFFICERI (SENATOR DUDVCZ) Please proceed .
Okay . Thank you very much. I would like to say that there's two issues that I heard come up in debate that I think everybody needs to be very clear about. One is talking about posting : What 's wrong w ith posting what the rates are at a business - any business? Ladies and Gentlemen , there 's nothing wrong w ith that. 93 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 And in fact, thatls exactly what's done at title companies now. And if that's what the leqislation was about, I wouldn't be standing in opposition to it. And with respect to there not being a cost to it, when and where did it become reality that it doesn't cost something to have a significant effort made in a particular department to keep track of an entire industry and respond to consumer questions or anybody 's questions about what rates are posted?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Carroll e what purpose do you rise?
With all due respects, on a point of personal privilege.
PRESIDING OFFICER : (SENATOR DUDYCZ) State your po int.
Senator O 'Malley has spoken , I 've spoken, others have spoken . His name may have been mentioned , but it was not mentioned as to what he is referring to, and I think that his comments at this point are out of order unless we Want to start debate over again, which I don 't want to do .
PRESIDING OFFICER: (SENATOR DUDYCZ) Point -- point well made , Senator Carroll . Senator Walsh , to close .
Just ask for a favorable roll call .
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is , shall House Bill 922 pass . All Ehose in favor will vote Aye . Opposed Will vote Nay . And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record . On that question , there are 19 Ayes , 32 Nays, 6 voting Present . House Bill 922, not having received the required constitutional majority, is declared failed. 94 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6, 1997 Senator Link , what purpose do you rise?
Point of personal p rivilege .
PRESIDING OFFICER : (SENATOR DUDYCZ) State your point.
Mr. President, with us today in the Body, standing by my chair is the distinguished County Clerk of Cook County , the Honorable David Orr.
PRESIDING OFFICER: (SENATOR DUDVCZ) Welcome to the Senate . Tony Bateman from IIS Video requests to videotape the Senate proceedings. Hearing no objection, leave is qranted . Top of page 6 of your regular Calendars in the Order of House Bills 3rd Reading is House Bill 940 . Senator Watson . M r. Secretary , read the bill.
House Bill 940. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Watson .
Yes . Thank you , M r. President . This does exactly what the Calendar says. It amends the H igher Education Student Assistance Act increasing the aggregate principal amount of bonds issued by *he State by the StudenE A ssistance Comm ission , and it is effective immediately. We do this periodically to allow for student loans. This raises it from l.5 (sic) billion to 2.1, an increase of six hundred m illion -- for student loans .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If there 's any discussion? If not, the question is, shall House Bill 940 pass . All those in favo r 95 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 will vote Aye. Opposed w ill vote Nay . And the voting is open . Have all voted who wish? Have a1l voted who w ish? Have all voted who Wish? Take the record . On that question, there are 56 Ayes , no Nays, none votinq Present. And House Bill 940, having received the required constitutional majorityr is declared passed. House Bill 995 . Senator Hawkinson. Mr. Secretary z read the bill .
House Bill 995 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Hawkinson.
Thank you , Mr. President. House Bill 995 is an initiative of the Illinois Farm Bureau . It applies the exemption that the federal governnent allows to states for commercial driver 's license to allow farm family members - not employeesz but farm family members - an exemption from the alcohol and drug testing procedures. This is something that is allowed by a1l of our neighborin: states and -- and other ag states. It is an exemption for farm fam ilies . It does not exempt them from any other requirements of the commercial driver's license . Does not exempt them from the blood alcohol level of .04 percent . This passed the House l08 to 6. know there is opposition from , particularly , independent truckers and the trucking companies. Much of that opposition in committee comes, quite franklyz because the -- the one-man riq , the one-man operation would like the same exemption, but Congress does not authorize that. The State Legislature has no authority to give that sim ilar exemption . But Congress has recognized that for farm operations, when a farm operation owns its own semi and they need to get it to market and there are those restrictions, the congressional legislation allows states to grant 96 STATE OF ILLINOIS 90TH GENERAL A SSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislatkve Day May l6, 1997 that to farm operations to haul their own p roduce and products to market. Our other neighboring states have it . Most ag states do , and I would be happy to try and answer questions, otherwise ask for an affirmative vote . PRESIDING OFFICER I (SENATOR DUDYCZ) Is there any discussion? Senator Fawell .
Thank you very much. I'd just like to remind the -- the Members of the Senate the Farm Bureau is indeed asking for an exemption of testinq drivers that -- from both druqs and alcohol testing program . They will be allowedz under this bill, to drive a radius of a hundred and fifty m iles w ithout that test. It is a random test . It is given to any other driver that wants to drive a sem i. As of this moment right now farmers a re -- are not charged the full price for plates . They lre only charged half price . They can carry loads up to twelve feet w ide, which is prohibited for any other driver . A hundred-and-fifty-mile radius is actually three hundred m iles total. That 's -- that 's half the State . They are not required to carry any kind of manifest saying that this indeed is their own property . It can be a neighbor 's property that they are hauling . We have a couple of farmers here in -- in the Assembly that have trucking -- that have trucking companies . One of them has told me that he is indeed tested . I see no difference between him , who -- who is paying the full price, who is doing what the rest of the 1aw requires, than the guy that happens to want to run a forty-five-foot sem i for his own personal use . I think this is a bad idea . We have more trucks , more highways than any other state in the midwest and, in fact, in the nation. Traffic is a lot heavier in the State of Illinois than it is out in the -- Iowa or Indiana . I don lt want to have my ch ildren or -- or myself driving on our highways w ith somebody who has not been tested and who may only drive a semi , according to 97 STATE OF ILLINOIS 90TH GENERAL A SSEMBLX REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 the Farm Bureau , two or three days a week that fs goE a load twelve feet wide and a -- on a trailer forty-five feet long . think this is a bad idea . We ought to say <o .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Hawkinson, to close .
Thank you, Mr. President. Just briefly, the remarks about being able to carry someone else's produce are inaccurate. This only authorizes then to carry their own. Matter of fact, we have tightened this bill up . A lthough it did receive l08 votes in the House, we have lim ited it even further . At the suqgestion of several Members of the comm ittee, we have amended it so that it only applies to the farm p late, not the regular license plate . So it has to be the farm plate . It only app lies to farm fan ily members . And while a hundred and fifty m iles may seem a lot, in deep southern Illinoior in -- in the middle of the State, sometimes to qet to market, to get to the river: you 've got to drive those kinds of distances. Again, this is a Farm Bureau initiative , and I would ask for your favorable vote .
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is# shall House Bill 995 pass . All those in favor w ill vote Aye . Opposed will vo*e Nay . And the vo*ing is open . Have all voted who wish? Have all voted kho wish? Have all voted who wish? Take the record. On that question , there are 37 Ayes, 17 Nays, and 2 voting Present. And House Bill 995, having received the required constitutional majority, is declared passed . END OF TAPE TAPE 3 98 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16 , 1997
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton , what purpose do you rise?
On a point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point .
M r. President, Members of the Senate , I'd like you to please welcome a member of the Chicago City Council from the Super Ward from the City of Chicago , Alderman Burton Natarus, who is down here visiting us in -- in Springfield .
PRESIDING OFFICER: (SENATOR DUDYCZ) Welcome to Sp ringfield . House Bill 998 . Senator O 'Daniel . Mr. Secretaryz read the bill.
House Bill 998 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR DUDVCZ) Senator O 'Daniel.
Thank you, Mr. President and Members of the Senate. House Bill 998, with Floor Amendment 1 , creates the Illinois Petroleum Education and Marketing Act and -- and the Petroleum Resources Board . It allows the Board to levy an assessment of one-tenth of one percent on the gross revenue from oil and gas p roduced from each well in the State of Illinois. This is an initiative of the Illinois 0il and Gas Association. It's patterned pretty well after legislation in the State of Oklahoma and I think this bill, along with House Bill 77l we passed out of here, will go a long ways in cleaning up a lot of the abandoned wells and things z and I would ask your support. And if there 's any questionse 1 '11 ... 99 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May 16 , 1997
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If notg the question is, shall House Bill 998 pass . All those in favor w ill vote Aye . Opposed will vote Nay. And the voting is open. Have all voted Who w ish? Have all voted who w ish? Have all voted who wish? Take the record . On that question, there are 54 Ayes, 2 Nays, none voting Present . And House Bill 998, having received the required constitutional majority, is declared passed. House Bill 1029. Senator Link. Mr. Secretary , read the bill .
House Bill 1029 . (Seeretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER ) (SENATOR DUDYCZ) Senator Link.
Thank you, Mr. President. With the adoption of the Senate amendmentr it perm its a court -- thank you -- it permits a court to admit evidence of prior conviction of a defendant for domestic violence, battery -- violence offences when a victim is the same person who was the victim of the previous offense that resulted in the conviction of the defendant. Proof of this evidence can be made by a specific incident and conducted for proof of conviction. However, before these prior convictions can be admissible in -- the court must determine if -- the probative value of the evidence against the undue prejudice against the defendant. Another safequard of this bill regarding the admission of evidenee : The prosecution must disclose the evidence' including the statements of the witness or a summary of the substance of the testimony at a reasonable time in -- in advance of the trial, during the trial. The safeguard of this admission of this type of evidence was also included in Senate Bill 5, whlch was passed by this Body and has l00 l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16 : 1997 been sent to the Governor for signaEure. This -- this bill is sponsored by the Illinois Coalition Against Domestic V iolence . I know of no opposition to this bill, and I ask fo r a favorable vote .
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not , the question is, shall House Bill 1029 pass. A ll those in favor will vote Aye. Opposed w ill vote Nay. And the voting is open. Have all voted Who wish? Have all voted who w ish? Have a1l voted Who W ish? Take the record . On that question, there are 58 Ayes, no Nays, none voting Present . And House Bill 1029 , having recèived the required constitutional majority, is declared passed. House Bill 1051. Senator Myers. M r. Secretary , read the bill .
House Bill 1051. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR DUDYCZ) senator Myers.
Thank you, Mr . President and Members of the Assembly . The first part of this bill defines in more depth certain areas of the Hunter Interference Prohibition Act. The second part, in -- in the way of the amendment, is one that 's very dear to my heart and I think to the rest of you who are a part of this Assembly , because it honors a man that was part of this Assembly for many years , who was a great man , a great legislator, a fine individual , and someone that deserves this recognition . And the recognition is in the form of renaming the Site M Fish and Wildlife A rea as the Harry ''Babe'' Woodyard Conservation A rea . This is something that I feel that we all should support as a tribute to a man Who was a friend of a1l of yours and who was a great legislator from l0l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 the 53rd District . And thank you very much ; ask for an affirmative vote .
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not , the question is, shall House Bill 1051 pass. A ll those in favor will vote Aye . Opposed w ill vote Nay . And the voting is open . Have all voted who wish? Have a1l voted who wish? Have all voted who w ish? Take the record . On that question, there are 58 Ayes, no Nays, none voting Present. And House Bill 1051: having received the required constitutional majority, is declared passed. House Bill 1101. Senator Jacobs. Mr . Secretary r read the bill .
House Bill 1101. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs .
Thank you , Mr. Presidentr Ladies and Gentlemen of the Senate . This bill , as it sits in current form as amended , allows for a judgment of restitution for a victim of a crime to carry interest. This is being done to come into compliance with an Appellate Court ruling which said currently that can dt happen . I know of no known opposition and ask for your support .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not , the question is , shall House Bill 1101 pass. A11 those in favor will vote Aye. Opposed Will vote Nay . And the voting is open. Have all voted Who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question , there are 57 Ayes, no Nays , none votinq Present . And House Bill 1101, having received the required constitutional majority, is declared passed. House Bill 1118. Senator Peterson. l02 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 Mr . Secretary, read the bill .
House Bill 1118 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson .
Thank youz Mr . President and Members of the Senate . House Bill 1118 , the first part is an initiative by the County Treasurers Association . The bill abolishes the protest fund , d irects the county collector to pay refunds plus interest due on the refunds out of funds in his or her possession , or if the collector does not have any funds , then out of the first funds collected fo r the taxinq district in the subsequent year . It also has an amendment which has to do with the unsold mineral rights , and many of these m ineral rights are deemed of marginal value , so the owner won 't pay the taxes and tax buyers won lt buy them . Consequently, they are carried on the books forever and this amendment would clean up the bookkeeping . Ask for your support of House Bill 1118 , as amended .
PRESIDING OFFICER: (SENATOR DUDXCZ) Is there any discussion? If not, the question is, shall House Bill 1118 pass . A1l those in favor Will vote Aye . Opposed Will vote Nay. And the voting is open. Have all voted who Wish? Have a11 voted who wish? Have a11 voted who wish? Take Ehe record. On that question, there are 57 Ayes, no Nays , none voting Present . And House Bill 1118 , having received the required constitutional majority, is declared passed. House Bill 1121. Senator Peterson. Mr . Secretary , read the bill .
House Bill 1121 . l03 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 (Secretary reads title of bill) 3rd Read ing of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Peterson .
Thank you , M r. President and Members of the Senate . House Bill 1121 has the mineral rights language that we just discussed. We use this as a -- for the amendment . As you remember , House Bill 601 , there was problems with the Department of Revenue and also w ith the municipalities . With this amendment on the bill, it clears it up . Everybody 's in aqreement. I ask fo r your support on House Bill 1121, as amended .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is# shall House Bill 1121 pass . All those in favor Will vote Aye . Opposed w ill vote Nay . And the voting is open . Have a1l voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the record . On that question , there are 58 Ayes, no Nays , none voting Present . And House Bill 1121 , having received the required constitutional majority, is declared passed. Senator Severns, what purpose do you rise?
Thank you , Mr . President . I rise on a point of personal privilege.
PRESIDING QFFICER: (SENATOR DUDXCZ) state your point .
It ds my great honor to alert the Senate that a dear friend and a long Member of this Body in very different capacities is here on the Floor today . That 's our oWn Senator Dick Du rbiny and We 're delighted he's joined us.
PRESIDING OFFICER : (SENATOR DUDYCZ) l04 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg kslative Day May l6, 1997 Welcome to Springfield , Senator Durbin . On the Order of House Bills 3rd Reading is House Bill 1140 . Senator Cullerton . Senator Cullerton , you wish this bill returned to -- to the to the ... Senator Cullertpn, do wish this bill returned to 2nd Reading for the purposes of tabling an amendment? Senator Cullerton seeks leave of the Body to return House Bill 1140 to the O rder of 2nd Reading for the purpose of tabling an amendment . Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1140. M r. -- Senator Cullerton , to make the motion .
Yes . I understand that to -- in order to table the amendment, I -- since we had a record roll call on both -- both Amendment No . l and 2, that I wish to , havin: voted on the p revailing side, move to reconsider the vote by Which those amendments passed .
PRESIDING OFFICER: (SENATOR DUDYCZ) Having voted on the prevailing side ... Senator Cullerton .
I understand Amendment No . l was not adopted on the Floor . It was adopted in comm ittee, but not on the Floor. Amendment No . 2 was adopted in committee and on the Floor . So I 1m not sure What the motion should be with regard to Amendment No. but I've made the motion with regard to Amendment No . 2.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Cullerton , do you wish to table both the amendments?
Yes .
PRESIDING OFFICER: (SENATOR DUDYCZ) Having voted on the prevailin: side, Senator Cullerton moves to reconsider the vote by which House Bill 1140 was -- Amendments No . l and 2 were adopted . A ll those in favor, say Aye . Opposed , Nay . The Ayes have it . There will be a roll call on this one . Recorded roll call. Al1 those in favor will vote Aye . Opposed l05 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6 , 1997 w ill vote Nay . And the voting 'is open . Have a11 voted Who w ish? Have a11 voted who w ish? Have all voted who wish? Take the record . The -- the vote is 50 Ayes , 2 Nays, none voting Present, and the motion carries. Senator Cullerton .
Okay. And is the posture of the bill now, Mr. President, that the amendments have been removed and now we can p roceed w kth the bill? Now the motion is to table Amendnents No. 1 and 2?
PRESIDING OFFICER : (SENATOR DUDYCZ) That ls correct . You lve heard the motion . All in favorz say Aye . Opposed, Nay . The Ayes have it , and the amendments are tabled . 3rd Reading . House Bill 1140 . On the Order of 3rd Reading . Mr. Secretary , read the bill .
House Bill 1140 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton .
Thank you z Mr. President, Members of Ehe Senate. This bill is sponsored by Representative Cross in the House . Came to him from a constituent landlord . It is supported by the Illino is Association of Realtors and the City of Chicaqo . It ls a bill to aid landlords in evicting troublesome tenants who are committing crimes. If a tenant uses or permiks Ehe use of a leased premises for certa in crim inal acts , the lease shall be vo id at the lessor 's option , and the lessor or the State 's attorney may bring a forcible entry action for the eviction of the lessee. I believe it 's not controversial . Be happy to answer any questions , and ask for an Aye vote .
PRESIDING OFFICER: (SENATOR DUDYCZ) l06 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May 16e 1997 Is there any discussion? Senator Hendon .
Thank you very much , Mr. President. I want to commend Senator Cullerton for taking the controversial amendments off of this legislation . Now it 's pure and clean and I support it , as I did in its original form , and I thank all of you who committed to me you 'd vote against this bill. But now that it 's -- the amendments have been taken off, urge an Aye vote for this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Walsh . Thomas Walsh .
Senator Cullerton , has former Representative Ellis Levin taken a position on this bill?
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is, shall House' Bill 1140 pass . All those in favor will vote Aye . Opposed w ill vote Nay . The voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record . On that question , there are 58 Ayes, no Nays , none voting Present. And House Bill 1140 , having received the required constitutional majority, is declared passed. House Bill -- House Bill 1141. Senator Bowles. Madam Secretary, read the bill.
House Bill 1141. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Bowles .
Mr . President and Members of the Senate, this bill amends the Public Aid Code and the Marriage and Dissolution of Marriage Act and provides that whenever the court finds that a child support l07 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997 obligor either owes an arrearage of more than ten thousand dollars or is delinquent in the payment of an equal amount to at least th ree months , Ehat the clerk of the court would be direcked to publish this in a newspaper which serves the area in which the clerk 's venue is -- is provided . And also , it removes from this bill the Revised Uniform Reciprocal Enforcement of Support Act because it is kn the process of being repealed . If questioned from anyone, I 1d be happy to answer . Otherwise , would ask for an affirmative vote .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1141 pass. A ll those in favor Will vote Aye . Opposed w ill vote Nay . And the voting is open . Have all voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record . On that question , there a re 58 Ayes , no Nays, none voting Present . And House Bill 1141, having received the required constitutional majority, is declared passed. House Bill 1142. Senator Jones. Madam Secretary, read the bill.
House Bill 1142 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones .
Yeah . Thank you , M r. President . Senate Bill House B ill 1142, as amended, is a vehicle bill at this time , because we 're still trying to work out some differences w ith the HMOs and the life insurance industry , and so I ask for a favorable vote . We 'll move over to the House and see if we can resolve those differences.
PRESIDING OFFICER: (SENATOR DUDYCZ) l08 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 # 1997 Is there any discussion? If not, the question is, shall House Bill 1142 pass. A ll those in favor Will vote Aye . Opposed will vote Nay , and the voting is open . Have all voted Who wish? Have all voted who wish? Have a11 voted who w ish? Take the record . On that question, there are 56 Ayes , no Nays, none votin: Present. And House Bill 1142, having received the required constitutional majority, is declared passed. House Bill 1147. Senator O'Malley. Madam Secretary , read the bill.
House Bill 1147 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator O 'Malley .
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 1147, as amended, is the second major telecommunications policy bill to come before the Senate this Session . Like the first, Senate Bill 700, which I m ight add , if ény of you don't know, is now sitting on the Governor's desk, the purpose of House B ill 1147 is to prepare the way for increased competition and greater consumer choice in the changing markets for communications and information service in Illinois. And like Senate B ill 700, House Bill 1147 would imp lement a policy recommendation made after a yearlong study by the Telecommunications Subcomm ittee of the Environment and Energy Committee. The federal Telecommunications Act of 1996, which is now fifteen months old, calls for the elimination of a1l barriers to competition and uniform treatment of all the telecom providers, With the aim of p romoting innovations and investments in our nation 's communication systems . House Bill 1147 would further th is aim in two p rincipal ways: first , it would establish a l09 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 uniform statewide framework for municipal franchising of telecommunication carriers that use the public rights-of-way; and second , it would replace the outmoded State tax on invested capital with a uniform statewide infrastructure fee. The lack of uniform and reasonable local franchise requirements and fees throughout Illinois have already frustrated investments in new state-of-the-art networks, and local franchise fees and the invested capital tax are not borne uniformly by all -- all telecom service p roviders or consumers . House Bill 1147 would level the playing field for p roviders , as required by the new federal Telecommunication Act, and it would establish fairness for consumers. House Bill 1147 allows , but does not require , local governments that elect to eliminate franchise fees to impose an infrastructure maintenance fee tn their place . This legislation reflects consensus amon: the telecommunications industry , the Illinois Municipal League, and suburban councils of government . It p reserves local control over the public rights-of-way r which is , I think, important for a1l of you to know , while at the same time simplifying and streamlining local market entry by companies that want to invest in our State. I 'd be pleased to answer any questions there may be, and I request your support.
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? Senator Cullerton .
Sponsor yield?
PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Cullerton.
Senator, as you may recall , sponsored a -- a sim ilar bill , wh ich did not pass, and I assune that there 's been some changes made to this bill that would result in it now having more support . Could you perhaps highlight the differences? l10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May 16 , 1997
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O 'Malley .
Senator Cullerton , I was not intimately familiar with your particular legislation , although I had heard in subcommittee . But you were the one who actually conveyed a 1ot of those -- or , convened a lot of the discussions around this pa rticular issue .
PRESIDING OFFICER: (SENATOR DUDVCZ) Any further discussion? If not, the question is, shall House Bill 1147 pass . A1l those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have all voted who wish? Have all voted who wish? Have al1 voted who Wish? Take the record . On that question , there a re 54 Ayes, Nay , and 2 voting Present . And House Bill 1147, having received the required constitutional majority, is declared passed. On the top of paqe 7 of your regular Calendars on the O rder of House Bills 3rd Reading is House Bill 1151 . Senator Cullerton . House Bill 1171 . Senator Rauschenberger . W ith leave of the Body , we will return to -- to Senate (sic) Bill 1171 later. The sponsor is in conference on the 2nd Floor . House Bill 1174. Senator Karpiel. Madam Secretaryz read the bill.
House Bill 1174 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Karpiel.
Thank youz Mr . President. I feel like I have passed this b ill several times already, and I have. Amends the Hazardous Material Emergency Response Reimbursement Act and provides a mechanism fo r a11 communities, rather than just -- than just small communities, lll STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 that respond to emergency incidents involving hazardous materials to obtain reimbursement . It reduces the threshold for receiving reimbursement to require that the applicable cost of supplies must exceed two percent , rather than five percent, of the emergency response agency 's annual budqet. And this -- this bill now , as amended , has -- is an aqreed amendment among the Chemical Industry Council , State Fire Marshal and all the parties that were involved in the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If notz the question is, shall House Bill 1174 pass . Al1 those in favor will vote Aye . Opposed Will vote Nay . And the voting is open. Have all voted who Wish? Have all voted who wish? Have all voted Who Wish? Take the record . On that question, there are 57 Ayes, no Nays , none voting Present . And House Bill 1174, having received the required constitutional majority, is declared passed. House Bill 1210. Senator Dillard. Madam Secretary, read the bill.
House Bi11 1210. (Secretary reads title of bill) 3rd Readinq of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard .
Thank youz Mr. President, Ladies and Gentlemen of the Senate. This is a very simpie bill that came from a constituent of miner and it p rovides that the Secretary of State shall issue one set of Gold Star license plates to the surviving sibling of a person who died in the A rmed Forces if the parent , who now can get the plates, was awarded the Gold Star plate but has become deceased . And I 'd be happy to answer any questions , and I 'd app reciate a favorable roll call. ll2 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6# 1997 PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any d iscussion? If not , the question is, shall House Bill 1210 pass. A1l those in favor w ill vote Aye . Opposed will vote Nay . And the voting is open. Have all voted who wish? Have a11 voted who w ish? Have all voted who wish? Take the record . On that question: there are 57 Ayes , no Nays , none voting Present . And House Bill 1210, having received the required constitutional majority, is declared passed. House Bill 1215. Senator Burzynski. Madam Secretary , read the bill . ACTING SECRETARY HAWKER : House Bill 1215. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Burzynski. SENATOR BURZYNSKI : Thank you, Mr . President and Ladies and Gentlemen of the Senate. We dve passed this language out in Senate Bill -- o rz ' House Bill 1216 as well . Howevery yesterday we added a technical amendment, an effective date. This bill will be going to a conference comm ittee report . PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1215 pass . A1l those in favor Will vote Aye. Opposed Will vote Nay . And the voting is open. Have all voted Who Wish? Have all voted Who wish? Have a11 voted who Wish? Take the record . On that question , there are 55 Ayes , no Nays, none votinq Present . And House Bill 1215, having received the required constitutional majority, is declared passed. House Bill 1230. Senator Luechtefeld . Madam Secretary : read the bill . ACT ING SECRETARY HAWKER : House Bill 1230 . ll3 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Luechtefeld .
Thank you , M r. President and Members of the Senate . House Bill 1230 amends the Interstate Ozone Transport Oversight Act. It authorizes the General Assembly oversight of the submission of the State implementation plan for ozone. Last year we passed the Interstate Ozone Transport (Oversiqht) Act and this simply follows through with the EPA giving some informational neetings to 1et us know , as -- as representatives of the State and the people , the economic impact of what might be coming down the line with regard to the ozone regulations. I would ask for your favorable support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not , the question is, shall House Bill 1230 pass. Al1 those in favor will vote Aye. Opposed Will vote Nay . And the voting is open . Have all voted who w ish? Have a11 voted who wish? Have a11 voted Who Wish? Take the record . On that question, there are 58 Ayes, no Nays, none voting Present . And House Bill 1230, havin: received the required constitutional majority, is declared passed. House Bill 1252. Senator Dillard. Madam Secretary, read the bill.
House Bill 1252. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Dillard .
Thank you , M r. President and Ladies and Gentlemen of the Senate. This bill was suggested by the Guardianship and Advocacy ll4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 Comm ission , and much of its language is taken from the National Guardianships Association 's Ethics and Standards for Guardians and it provides that a temporary guardian may be appointed for a disabled adult pending a citation hearing for removal of a representative . It exempts public guardians and the Office of State Guardian from provisions prohibiting a guard ian from p lacing a ward in a residential facility w ithout a court order. And lastly , it sets forth requirements for residential placementy withholding or withdrawal of life-sustaining treatment and other lawful decision-making by a guardian, without court action . I know of no opposition and would app reciate a favorable roll call .
PRESIDING OFPICER : (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1252 pass . All those in favor Will vote Aye . Opposed w ill vote Nay . And the voting is open . Have a11 voted Who Wish? Have all voted who wish? Have a1l voted who wish? Take the reco rd . On that question, there are 57 Ayesr no Nays , none votin: Present. And House Bill 1252, having received the required constitutional majority, is declared passed.
PRESIDING OFFICER: (SENATOR GEO-KARIS) House Bill 1254. Senator Cronin. Read the bill, Madam Secretary .
House Bill 1254. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Cronin .
Thank you, Madam President , Ladies and Gentlemen of the Senate . We lve discussed this bill . I 've explained the amendment before . It -- it talks about the endangering the life of a m inor 1l5 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 and enhances the penalty to a Class felony . A second or subsequent conviction would be a Class 2 felony . The lanquage in here that may be interesting to some of you is that we have provided for a -- an affirmative defense for those people who are concerned about nontreatment of their child . Christian Scientists, they can come in and tell the judqe that, you know, this is a -- a exercise of their religious freedom and the judge can rule, but it does not provide for an exception for those folks. I ask for your favorable consideration .
PRESIDING OFFICER : (SENATOR GEO-EARIS) Any further discussion? Hearing none , the question is , shall House B ill 1254 pass. Those in favor will vote Aye . Those opposed will vote Nay . The voting is open. Have all voted who wished? Have al1 voted Who w ished? Have a11 voted who wished? Take the record . On that question z there are 56 voting -- 57 voting Aye , none voting No , none voting Present. This bill , having received the required constitutional majority, is hereby declared passed . 1268 . House Bill 1268 . Senator Shaw . Out of the record . 1337 . Senator Bonke . Read the bill, Madam Secretary .
House Bill 1337. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Bomke .
Thank you , Madam President and Ladies and Gentlemen of the Senate . House Bill 1337 creates the New Hire Reporting Act . Requires employers to report newly hired employees to *he Department of Employment Security . Requires that Department to maintain a database of reporting information and share that 116 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997 info rmation with the Depa rtment of Public A id and Human Services, circuit clerks and federal offices for the purposes of -- of enabling them to perform their duties concerning collection of child support .
PRESIDING OFFICER : (SENATOR GEO-XARIS) Any further discussion? Hearing none, on that question -- on that question , shall House Bill 1337 pass , those in favor w ill vote Aye . Those opposed will vote Nay . The voting is open . Have a1l voted who wished? Have a1l voted who wished? Have all voted who wished? Take the record. On that question, there are 58 voting Aye , none voting No, none voting Present . This billz having received the required constitutional majority, is hereby declared passed . 1345. Senator Madigan . Read the bill, Madam Secretary .
House Bill 1345 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OPFICER : (SENATOR GEO-KARIS) Senator Madigan . SENATOR MADIGAN ) Thank you , Madam President and Members of the Senate . This is House Bill 1345 revisited from yesterday. First of allr to Senator Walsh 's question whether or not there 's anything in Lincoln or in the 45th District that has twenty-three floors, the answer to that is no . But there are structures that do contain a height of twenty-three floors or more and those are certainly grain elevators, but this doesn't have anything to do with grain elevators either. What this does is merely clarify language that is currently in the Statute with regards to brokers ' liens when they are -- when they have represented someone in securing a lease on a portion of piece of property and p rotecting that broker 's 1l7 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6r 1997 interest without confusing the title on the entire piece of property . The bill is not a broadening or an expansion of any current Statute: but actually restricting or clarifying current Statute that we passed with regards to the Commercial Real Estate Broker Lien Act . Yesterday there we a couple questions on House Bill 1345 . I think we can clarify those at this point, Madam President .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Berman.
Thank you , Madam President. I Want to thank Senator Mad igan for his courtesy in addressing these questions, and fo r legislative intent I have four questions that I would like to pose and request his answers. Question one: Is a lienholder -- I'm sorry . Is a lienhold -- is a leasehold lien filed with the county recorder?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senato r Mad igan .
Yes .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Next.
Does a lien filed on a leasehold interest affect the owner of the real estate?
PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Madigan .
No , Senator. That is the point of this legislation . This legislation clarifies that a leasehold lien shall only attach to the leasehold interest.
PRESIDING OFFICER : (SENATOR GEO-KARIS) ll8 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997 Senator Berman .
Question three: Would a title search done by a potential buyer discover a leasehold lien?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan .
Yes, Senator, but it would not be enforcible against either the current owner or the buyer.
PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator -- Senator Berman .
And finally, what happens if the lease is terninated by the owner or if it is breached by the tenant?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan .
Thank you , Madam President . Senator, a leasehold lien can only be enforced against the tenant. If the léase is terminated and the landlord takes back possession, the lien is extinguished.
PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Senator Berman.
Thank you very much , Senator Madigan . I 1m pleased to support this bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, the question is, shall House Bill 1345 pass . Those in favor will vote Aye . Those opposed will vote Nay. And *he voting is open. Have all voted who Wished? Have all voted who Wished? Have all voted who Wished? Take the record . On that question , there are 58 voting Aye , none voting No# none voting Present . This bill , having 119 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6r 1997 received the required constitutional majority, is hereby declared passed . W ith leave , we 'll return to -- to House Bill 1347. House Bill 1373 . Senator Sieben . Read the bill , Madam Secretary .
House Bill 1373 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Sieben .
Thank -- thank you, Madam President. This legislation amends the Crim inal Code in the area of crim inal trespass to land . The bill creates four enumerated offenses under the criminal offense of crim inal trespass to real property . We dve passed sim ilar legislation in Senate Bill 827. I know of no opposition and ask for your Aye vote .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question is , shall House Bill 1373 pass . Those in favor, vote Aye. Those opposed w ill vote Nay . And the voting is open . Have all voted who wished? Have all voted who wished? Have a1l voted who Wished? Take the record . On that question , there are 57 votin: Aye , none - - l voting Nay r none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. House Bill 1400. Senator Madigan. Read the bill, Madam Secretary .
House Bill 1400 . (Secretary reads title of bill) 3rd Read ing of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan . l20 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6, 1997
Thank you, Madam President, Members of the Senate. House Bill 1400, as amended , amends the CHIP plan and it states Ehat the Plan shall be administered by a plan administrator rather than an administrating -- administering carrier. We 've added an amendment on this bill to delete the effective date . At this point in time, the CHIP Board and the CHIP administration do not feel this bill is necessary . We added the -- or, we deleted the effective date; so if we need to, this bill is positioned for conference.
PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question is, shall House B ill 1400 pass. Those in favor, vote Aye . Those opposed will vote Nay . The voting is open. Have all voted who wished? Have all voted who wished? Have all voted Who W ished? Take the record , Madam Secretary . On that question , there are 58 voting Aye, none voting Nay , none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed . With leave of the Senate, we dll return to 1457 later. House Bill 1485. Senator Bomke . Madam Secretary , read the bill .
House Bill 1485. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Bomke .
Thank you, Madam President, Ladies and Gentlemen of *he Senate . Amendment l becomes the bill . This is identical to Senate Bill 877 that we passed out of the Senate overwhelmingly a month aqo . It amends the University of Illinois at Springfield law to provide that all degrees from Sangamon State University shall be degrees from University of Illinois at Springfield . Any l2l STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May 16, 1997 costs associated with the reissuance of diplomas must be borne by the person who requests reissuance .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearinq none , the question is, shall House Bill 1485 pass. Those in favor, vote Aye . Those opposed will vote Nay . The voting is open . Have a11 voted Who wished? Have all voted who wished? Have all voted who wished? Take the record on that, Madam Secretary . On that question , there are 58 voting Aye , none voting No , none voting Present . This bill , having received the required constitutional majority, is hereby declared passed . House Bill 1493 . Senator Rauschenberger. Read the bill, Madam Secretary .
House Bill 1493 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Rauschenberger .
Thank you, Madam Presidentz Ladies and Gentlemen of the Senate . House Bill 1493, as amended , is the Department of Nuclear Safety 's bill, which updates the registration p rocess by which they will review X-ray machines at dentists, doctors, and chiropractic and hospitals . Originally it had some language in there that made the dentists uncomfortable. That Was amended on the bill yesterday . It 's now no longer a controversial bill. I'd appreciate a favorable roll call .
PRESIDING OPFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question shall House Bill 1493 pass . Those in favor will vote Aye . Those opposed w ill vote Nay . The voting 's open . Have all voted who wished? Have all voted Who wished? Have a11 voted Who wished? 122 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16 , 1997 Take the record , Madam Secretary . On that question, there are 57 voting Aye , none voting No , none voting Present. And this bill , having received the required constitutional majority, is hereby declared passed. House Bill 1513. Senator Clayborne. Madam Secretary , read the bill. ACTING SECRETARY HAWKER : House Bill 1513. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Clayborne . SENATOR CLAYBORNE : Thank youy Madam President. I will handle the first part of the bill and allow Senator O 'Malley to handle the other part . Basically Senate Amendment 5 becomes the bill as it relates to allow ing an automatic senior citizens -- homestead exemption . This bill is perm issive and requires the county board to approve by resolution a process that should be developed by the assessor or township assessor. It 's permissive and I ask for a favorable vote . PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley . SENATOR O 'MALLEY : Thank you, Madam President. And again , thanks -- thank you to Senator Clayborne . He very graciously allowed this amendment to his legislation that I will explain. Amendment No. 3 (sic) (4) deals w ith a concept called tax reimbursement fund for homestead property . What the legislation does that has -- is included in this amendment it -- it allows the concept to be expanded to not only cover homestead property , but to cover commercial and industrial p roperty as well, and it does it with certain limitations . At least fifty percent of any monies declared as a l23 i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6 , 1997 surplus by a local qovernment placed in a tax reimbursement fund must qo to homestead p roperty . Additionally , no commercial or industrial parcels located within a TIP district would qualify for reimbursement. And I'd be happ/ to answer any questions there mighk be .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question is, shall House Bill 1513 pass . Those in favor, vote Aye . Those opposed will vote Nay . The -- the voting is open . Have all voted who wished? Have a11 voted who wished? Have all voted who wished? Take the record , Madam Secretary . On that question , there are 57 voting Ayer none voting No , none voting Present . And this bill, having received the required constitutional majority, is hereby declared passed . We dll seek leave to return to 1526 . 1550 . Senator Jones . Senato r Jones? Read the bill, Madam Secretary .
House Bill 1550 . (Secretary reads title of bill) 3rd Read ing of the bill.
PRESIDING OFF ICER : (SENATOR GEO-KARIS) Senator Jones .
Thank you , Madam President . House Bill 1550 creates a situation whereby if a vacancy occur and -- and an appointment is to be made, the person being appointed to fill that vacancyr be it the subcircuit or any other circuit , must be a resident of that circuit. That 's all that the bill does , and I ask for a favorable vote .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none z on that question , shall House Bill 1550 pass, those in favor , vote Aye . Those opposed w ill vote Nay . The voting is open . Have all voted who l24 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 wished? Have all voted who Wished? Have a11 voted who wished? Take the record , Madam Secretary . On that question , there are 55 voting Aye, none voting No , none voting Present . And this bill, having received the required constitutional majority, is hereby declared passed . House Bill 1589 . Senator Farley . Senator Farley? Read the bill , Madam Secretary .
House Bill 1589 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Farley .
Thank youg Madam President, Ladies and Gentlemen of the Senate. What House Bill 1589 does is allows a chief judge of the circuit court to designate in each county in the circuit at least one judqe to be reasonably available to issue orally, by telephone , by facsimile, or otherw ise , an emergency order of protection at at all times whether the court is or is not in session . If an emergency order of p rotection was issued when the court Was unavailable at the close of business, the order shall be entered in the law enforcement automated data system as soon as possible after receipt from the clerk . As I explained earlier this morning , we satisfied a concern by the Adm inistrative O ffice of Illinois Courts by changing this to be permissive. That was changing the word ''shall'' to ''may,'' and we also satisfied the Illinois Coalition Against Domestic Violence by taking out the twenty-four-hour requirement and making it as soon as possible . I would suggest, Madam President and Ladies and Gentlemen, this is a good bill , and I would ask your favo rable consideration .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question is, shall l25 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislatkve Day May l6 z 1997 House Bill 1589 pass . Those in favor: vote Aye . Those opposed will vote Nay . The voting is open . Have all voted who w ished? Have all voted who wished? Have a1l voted who wished? Take the record y Madam Secretary . On that question, there are 58 voting Aye, none votinq No , none voting Present. And this bill , having received the required constitutional majorityz is hereby declared passed . House Bill 1612. Out of the reco rd . House Bill 1633 . Senator Syverson . Out of the record . House Bill 1641. Senato r O 'Malley . Read the bill, Madam Secretary .
House Bill 1641. (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley .
Madam P resident and Members of the Senate, House Bill 1641 , as amended , is the product of a few amendments . The first one authorizes the Water Reclamation District to transfer appropriations after three months into the fiscal year. And there are limitations on their ability to do it, including requirinq a supermajority of the members of their board. Additionally, there 's an authorization for the Cook County Sheriff to appoint two additional members to the Cook County Sheriff 's Merit Board , noW five members is what it consists of, and to do so with the advice and consent of the Cook County Board . Not more than fifty-one percent of the members of that Board -- of that Merit Board shall be of the same political parEy, and at least forty percent of the Board members shall constitute a quorum . It also changes the name of the Cook County Sheriff's chief executive from Executive Director to Director. I 'd be happy to answer any questions there m ksht be . And I would appreciate your support . l26 STATE OF ILLINOIS 90TH GENEM L ASSEMBLY REGULM SESSION SENATE TM NSCRIPT 50th Legislative Day May 16 , 1997 PRESIDING OFFICER : (SENATOR GEO-KARIS ) Any -- any further discussion? Hearing noneg the question is y shall House Bill 1641 pass . Those in favor , vote Aye . Those opposed will vote Nay . The voting is open . Have a11 voted who wished? Have all voted who wished? Have all voted who wished? Take the record, Madam Secretary . On that question , there are 57 voting Aye , none voting No , none voting Present . This bill , having received the required constitutional majority, is hereby declared passed . House Bill 1699 . Senator Parker . Read the bill , Madam Secretary . ACTING SECRETM Y HAWKER : House Bill 1699 . (Secretary reads title of bill) 3rd Reading of the bill . PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Parker . SENATOR PARKER : Thank you , Madam President and Ladies and Gentlemen of the Senate . This is an administration bill for Public Health . Also we are working with Public Health , as directed by the com ittee , in setting up a task force to look into immunizations and exactly what the procedures are , how the information is dispersed in the State of Illinois . The second thing is looking into an exemption for those people who have children who have either died or been damaged by vaccinations, to have an exemption so that they can determ ine for themselves if their children should be immunized in the future -- thak are siblings . This is not as far as we would like to go . We would have liked to have gone further with looking into philosophical for other people , but We recognize and appreciate the com ittee 's concern in going ahead with what we are . So we are working with Public Health . We expect this to come back on a conference committee report r and I would l 27 1 - STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6, 1997 respectfully request a favorable vote .
PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Senator Jacobs .
' Thank you r Madam President, Ladies and Gentlemen of the Senate . Senator, as you indicate in your renarks that you 're looking into some of these things, and you indicate it 's going to come back as a conference comm ittee to -- to try to work on some of these, so for that reasonz I'm willing to -- to give you that - - that leeway . One of the p roblems I have , however, and it 's been brought to my attention since this bill first come around , is in your amendment , that p recludes the child from immunization because the parents don 't want him to have that . I think that undermines the whole system . I think that underm ines the immunization system , and I think that 's one that we should look at mod ifying , if we at all can.
PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Parker .
I 'm -- I 'm sorry . Somebody was at my desk . I didn 't understand z or hear, what you said . Could you please repeat it?
PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Jacobs, repeat.
As I understand the bill, and correct me if I 'm wrong , that if a parent decides to keep their child for religious reason or conscientious reasons from being immunized : is that in the bill?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
No r that is not in the bill right now . A ll that is in the bill is the administrative procedures that the that Public @ l28 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 Health had wanted . This has nothing to do with immunization now . We are looking to work with Public Health on something that we are both agreeing on and that is not in the bill now . That Will be coming back on the conference committee report.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs . SENATOR JACOBS Z I appreciate those renarks , because we are starting to get some phone calls and we can now tell them to not worry about it at the present timee then . Correct?
PRESIDING OFFICER : (SENATOR GEO-XARIS) Senator Parker . Senator Parker.
Yeah . There 's nothing in the bill right now , but we will still be working with the Department, and I w ill let you know then what is in the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Rea .
Yes , Madam President . I I feel that due to the importance of th is and the -- we built immunization p rogram over the years . It -- become pretty comprehensive and -- and I feel it 's doing a pretty effective job, and because of this being as it is, I would suggest that instead of it com ing back in a conference committee this coming week, Which doesn't really give enough time for people to have a chance to have public hearings and to gather the proper information, I would much rather see this continue as a task fo rce or to -- so there will be the hearings, there will be the proper information, but not try to really change the immunization proqram during this Session .
PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question is , shall l29 S ' j I TATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 House Bill 1699 pass. Did you wish to close, Senator Parker?
Let me clarify for the record , there is nothing in here in this bill right now that has to do w ith changing anything with immunizations . In committee there is -- there was agreement between Public Health and the people that we have been workinq with to look at two things, and Public Health agrees with this. One thing is to go ahead and conform a task force and we w ill be working with that within this com ing week . The second is , is to look at giving the -- giving an immunization to those people who have had a child that has died or a child that has been hurt by vaccines, to give that exemption to a siblinq. I have one woman that came in that testified that has had two children die because they have had an allergic reaction to DPT shots . And very often this can be a related thing in the fam ily , and Public Hea1th has agreed to work on this . So the only thing that we are looking at to do in the con ing week is two things that Public Health has agreed that they Would work on . Anything further is something that would be heard before a task force and heard in the coming months that everybody can have input on . Thank you . And I would u rge an Aye vote .
PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall House Bill 1699 pass. Those in favor, vote Aye. Those opposed Will vote Nay. The votinq is open. Have all voted who wished? Have a11 voted Who wished? Have all voted who wished? On that question, take the record, Madam Secretary. There are 44 voting Aye , 10 voting No , 3 voting Present . This bill, having received the required constitutional majority, is hereby declared passed . 1705. Senator Cronin? Senator Cronin? Read the bill, Madam Secretary .
House Bill 1705 . 130 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cronin.
Thank you . This is an administration bill r and there was an amendment put on that amends the Unemployment Insurance Act to p rovide for the creation of a directory of new hires in the Department of Employment Security . This bill, as I say , is an initiative of the -- of the Department of Public Aid and it 's required by Section 32l of the Personal Responsibility and Work Opportunity Act . Failure to conform to the Act would mean the loss of federal funding . There 's a conglomeration of issues in this bill . There are four specific points . Number one , this bill provides rules on determination of which child support order is the controlling order when more than one State has issued an order of support against an obligor for the same child . Two r specify that the obligor's employer must comply with a withholding order from another state , which is regular on its face and which expresses the amounts to be withheld as sums certain and as periodic payments. Three, provide that the law of the obligor's work -- work state -- state shall apply with respect to charging of employers ' fees for processing w ithholding of income , determinin: limitation on amounts that can be withheld from an obligor's income, and establishing priorities if the employee has multiple support obligations. And then finally, it provides that if all parties reside in the same state, which is not the issuing state, a tribunal of that state has jurisdiction to enforce and/or modify the issuing state 's support order . ask fo r your favorable consideration .
PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question is, shall l3l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997 House Bill 1705 pass. Those in favor, vote Aye . Those opposed will vote Nay . The voting is open. Have all voted who wished? Have a11 voted who wished? Have al1 voted who wished? Take the record. On that question, there are 58 voting Aye, none voting No y none voting Present . This bill, having received the required constitutional majority, is hereby declared passed. House Bi11 1707 . Senator Rauschenberger . Out of the record . 1735. Senator Trotter? Read the bill, Madam Secretary .
House Bill 1735. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter.
Thank you r Madam President, Members of the Senate . House Bill 1735 establishes a tool for municipalities to address the growing blight of brownfields in our communities , and it gives us the tool of the environmental lien. This bill authorizes municipalities to enter upon abandoned, tax delinquent and dangerous properties Eo inspect, test and to remediate hazardous environmental hazards. It has been negotiated , as amended , by *he City of Chicago r Illinois Bankers ' A ssociation, the State Chamber of Commerce and the Illinois Manufacturers ' Association , and I seek its passage .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, the queotion is: shall House Bill 1735 pass. Those in favor, vote Aye. Those opposed will vote Nay . The voting is open . Have all voted who wished? Have all voted who wished? Have all voted who wished? Take the record , Madam Secretary . On that question, there are 56 voting Aye , none voting Nay, voting Present . This bill, having received the required constitutional majority, is hereby declared l32 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 passed . House Bill 1757. Senator Garcia . Read the bill, Madam Secretary .
House Bill 1757 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SCNATOR GEO-KARIS) Senator Garcia .
Thank you , Madam President. Senate Amendment No . 3 becomes the bill , and its amends the Civil Adm inistrative Code regarding job training and economic development. This can also be called work-centered welfare reform , and it arises out of some hearings that were chaired by Senator Lauzen . It 's a very innovative program that seeks to link job training and economic development demonstration project. Essentially it calls on DCCA to establish and to administer twelve to twenty demonstration projects throughout the State of Illinois, and we Ehink that this is a great model for getting people to go from welfare to work.
PRESIDING OFFICER: (SENATOR GEO-XARIS) Any further discussion? Hearing none, the question is, shall House Bill 1757 pass. Those in favor will vote Aye . Those opposed will vote Nay . The voting is open . Have all voted who Wished? Have all voted who wished? Have a1l voted who wished? Take the record. On that question, there are 58 voting Aye, none voting Nay , none votin: Present . And this bill , having received the required constitutional majority, is hereby declared passed. House Bill 1817. We 'll seek leave to return to it . House Bill 1881 . Senator Parker. Madam Secretary , read the bill.
House Bill 1881 . (Secretary reads title of bill) l33 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Parker.
Thank you g Madam President, Ladies and Gentlemen of the Senate . House Bill 1881 does several things . It 's really a package to help with better care for our constituents . Number one r it amends the Insurance Code to provide for in-patient ca re followinq a mastectomy . The language creates a new Section which requires individual and group policies of health and accident insurance to cover in-patient care for a time followinq a mastectomy which is deemed necessary by a physician . It also contains House Bill 333, and that requires health plans offered under those Acts to cover mammograms annually for women aged forty and over. In addition, it amends the Insurance Code to provide for coverage of Pap tests and prostate-specific antiqen tests . The language creates a new Section which requires qroup policies of health and accident insurance to cover certain cancer-screening tests. In addition , it amends *he Insurance Code to provide for coverage of certain phases of treatment of a qenetic disease known as PKU . The language creates a new Section which requires group policies of health and accident insurance to cover prescrip tions and oral fo rmulas used in the treatment of PKU . In addition , it provides coverage for naprapathic services, and they are subject to the jurisdiction of the Department of Insurancer and includes those services under the minimum benefits available under the Act. I would be qlad to answer any questions .
PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Senator Berman .
Thank you, Madam President . Will the sponsor yield?
PRESIDING OFFICER : (SENATOR GEO-KARIS) 134 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997 She ind icates that she will .
The provisions in here rega rding what we 'd call d rive-through mastectom ies is not as strong as the bill that you and I have worked on before . Is this the final version? Do you expect this to be accepted on Concurrence in the House?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
Senator, I would expect that this would be the final bill, as long as the House concurs .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Berman .
Welle that ds whak causes me some concern , because I think that the bills that you and I both introduced originally in this Body were much stronger. For example, we had protections regarding the influence of HMOs on your personal doctor that , for financial reasons, might choose to give you less than the kind of service that might otherwise be needed . And I think that you and I both undertook a responsibility to women in relation to mastectomies that just isn't reflected by this bill, and I'm -- IIm not happy with these provisions. I really Would -- I'd rather see something much , much stronger to be addressed . And when you say that the House is going to concur, wedre -- We're not doing what we -- what we held ourselves ouE as undertaking.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
Senator, there was a lot of discussion and debate on this bill as far as looking as to whether we should make it forty-eight hours, ninety-six hours, et cetera . The final thing that was even l35 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 suggested by the Med Society w'as to make it at the discretion of the doctor. Particularly with mastectom ies, there are many different kinds and lengths of stays can vary , different than going and and having a baby. The thing is that the managed care language - which , of course, We would prefer to have instituted at this time - is not in this bill; however : the Insurance Committee is working on that, and that will be part of a separate bill, where all the managed care language will be, that will effectuate this bill and others. And that is What the Insurance Committee Would like to dor and we think that is the proper procedure .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Jacobs.
Thank you, Madam President, Ladies and Gentlemen of the Senate . Would the sponsor yield?
PRESIDING OFFICER: (SENATOR GEO-KARIS) She indicates that she will.
Senatorr I agree with just about everythinq that Senator Berman said about the watering down, but just as a matter of procedure , and m aybe this is one r because you weren 't in comm ittee for this bill, that the -- the majority leader of -- the Insurance Committee Chairman could answer. There was a -- a move in here to where PKU had asked that they be taken out of the -- the bill because Was such a watered-down version , and -- and that was to be removed. Is there -- is there a change in that agreement? I guess that 's the question, then I have a follow-up question .
PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Parker.
My understanding , that they are -- the proponents of that are 136 STATE OF ILLINO IS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6 r 1997 divided on it; that they did come with some suggestion , but the amendment didn't really qet filed until late - too late to really handle it riqht now on this particular piece of legislation, With thàs tim kng .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any fu rther discussion? Senator Jacobs .
Yeah . Just to the bill : In -- in addition to What Senator Berman said, the PKU portion, which is very, very minor as far as numbers and amount of dollars are concerned, also is very watered-down in this version . Hopefully, somewhere along the line in the House, theyld be able to give a little better interpretation to only seven hundred people or so that this involves in the State. And as it goes alongr I hope that these provisions are strengthened .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Clayborne .
Thank you z Madam President. too , rise in support of this bill. As -- as it relates to the portion that contains the p rostate cancer screening . Obviously , it 's not exactly what what has been mentioned as that We Wantg but at least it 's a start , and it has some of the language that will hopefully address some of the concerns of the health of our men . And I urge a favorable vote on this bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question shall -- do you wish to close?
Thank you , Madam President. Thank you for your comments. I appreciate them . A s far as the PKU , Senator Jacobs, we tried to l37 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 do the best that we could in this time period to at least get something that would be helpful, particularly for the PKU, and compiling the best that we could with al1 of these procedures . And we think that this would be a good bill and I ask for your favorable vote .
PRESIDING OFFICER: (SENATOR GEO-KARIS) On that question, shall House Bill 1881 pass, those in favor will vote Aye. Those opposed Will vote Nay. The votin: is open. Have a11 voted who w ished? Have al1 voted who w ished? Have all voted who wished? Take the record , Madam Secretary . On that question , there are 58 voting Aye, none voting Nay, none voting Present. And this bill, havinq received the required constitutional majority, is hereby declared passed. House Bill 1887 . Senator Karpiel? We 'll seek leave to return to that bill . House Bill 2059 . Senator Parker. Read the bill, Madam Secretary .
House Bill 2059 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
Thank you, Madam President and Ladies and Gentlemen of the Senate. House Bill 2059 allows the Department of Human Services to enter into a contract with a statewide not-for-profit community development financial institution to establish the revolving loan program for the purpose -- for the purpose of assisting not-for-profit Illinois organizations that work in service partnerships with the State to maintain and improve their facilities . They can assist agencies that provide direct services, such as child care centers, mental health facilities, job traininq facilities, substance abuse treatment centers, and l38 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May 16g 1997 battered women and homeless shelters. I1d be glad to answer any questions, and would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Smith.
Thank you: Madam President and Members of the Senate. I just wanted to state that in committee I voted Present on this bill, because the bill did not contain the provision for the RP -- REP (sic) (RFP) for contracts. As amended by the Senate Amendment No. 2, the bill now contains such a provision and I commend Senator Parker on the work that she has done to make this bill better than when it arrived from the House. And so I urge al1 of our friends here today to give us a favorable roll call on 2059 . Thank you , dear .
PRESIDING OFPICER : (SENATOR GEO-KARIS) Further discussion? Senator Lauzen.
A question for the sponsor.
PRESIDING OFFICER: (SENATOR GEO-KARIS) She indicates she will yield.
Senator, can you kell me what the cost is of this proposa lz what the initial deposit is going to be?
PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Parker .
The appropriation is not in here . It really is up to the Approp riation Committee on what they would want to fund this at .
PRESIDING OPFICER : (SENATOR GEO-KARIS) Senator Lauzen.
Could you give ui a little more guidance on what will be 139 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 requested in the initial deposit and what the long-term plans are? I mean , this puts into place -- I mean , what 's the next step? Where 's the -- what will be the amount of money?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
The request that they would like to have is four million dollars . It would be a one-time grant and they obviously make a lot more money out of that on the revolving loan fund that they are When they help the not-for-profits. But that is going to be up to the Appropriations Comm ittee. This bill is permissive . It only establishes the opportunity and the Approp riations Comm ittee is the one that makes the ultimate decision .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Lauzen .
So just to comment on that and then just a final question, so we 're proposing a program and then we dre going to figure out later hoW to make that initial deposit or Where that 's going to come from . Some different group is going to determine that?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator -- Senator Parker.
That is the Way that we feel is appropriate and we always do that. It's contingent on funding and What the Appropriation Committee wants Eo do .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Lauzen .
Just a final question. The -- I understand that Ehis loan p rogram goes to organizations that are ninety-four percent privately financed . And the question , naturally , is : W ith this l40 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 remaining six percent that represents perhaps a four-m illion-dollar additional investment or deposit by the State: why is the government then going to do the -- why is it getting into this business?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
Senator, w ith all that we are doing now with welfare reform and the extra help , that we feel that we can use for these not-for-p rofit services, example as I had talked , for child care r for battered women , et cetera . And for these services, we think that the State noW can have the opportunity to help these funds that have been very successful, help those not-for-p rofit agencies .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Hendon.
Thank you , Madam President. Just a comment . rise in strong support of this outstandinq legislation . Want to commend Senator Parker, Senator Radogno and Senator Smith on working together on The Illinois Facilities Fund does an excellent job with not-for-p rofit organizations and I urge an Aye vote .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Fawell .
Thank you very much. Will the sponsor yield for a question?
PRESIDING OFFICER : (SENATOR GEO-KARIS) She indicates that she will, Senator Fawell .
My understanding is this is for non-for-profit organizations like family shelters for battered women and -- and disabled peop le that are , perhaps: wheelchair-bound , that type of thing? l4l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997
PRESIDING OFFICCR: (SENATOR GEO-KARIS) Senator Pa rker.
Right . O r substance abuse treatment centers . Basically , for those types that you had mentioned , and not-for-profits, yes .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell.
To -- well, to the bill: I -- I happen to have a11 three of those particular organizations in my district and it is indeed difficult at times to -- to find proper funding. I have a program in Naperville, for instance, where half of it is devoted to peop le Who havez for whatever reason , been bound to a wheelchair, and that particular p rogram has an apartmenk building which has been built particularly to accommodate those people that are -- are in that wheelchair. There's -- there's some that have been injured in auto accidents . There 's others that have cerebral palsy . There's others that have had strokes or -- or major health -- so that they a re incapacitated . We know that there is a a very long waiting list for people to be able to get into this facility , and indeed , this group has been looking for a way to build more factlities that are similar so that we can get people out of nursing homes and into these facilities where they w ill be more independent . They have one individual, rather than several individuals, Who can assist them with things like bathing and -- and that type of thlng , inseead of having one run around from one house to another . I think this is really very -- this is a a good p rogram for the State. It certainly should pay for itself in a short period of -- of time, and I commend the sponsor on her bill .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senaeor Rauschenberger. l42 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16 , 1997
Thank you, Madam President, Ladies and Gentlemen of the Senate . Currently I would -- question of the sponsor .
PRESIDING OFFICER : (SENATOR GEO-KARIS) She indicates she ill yield .
Currently, this revolving program already exists with private money . Is that correct?
PRESIDING OFFICER : (SENATOR GEO-SARIS) Senator Parker.
The facility does ex ist , yes .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Rauschenberger .
I guess I would just, then, point out that any time you introduce government resources into a program like this and begin to -- to wrap the color of law or government around it , you begin to sometimes depress the pa rticipation of the private sector . And this , again, I think is another l'slippery slope'l bill. Does the sponsor feel there are other groups Who have revolving funds that Work like this who might be here next year sayingz that ''Well, you know , we would like to be considered as welll'?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Parker.
It's hard to predict who will be here next year. I can just tell you that right noW this gives us an opportunity to update facilities that otherwise have very lim ited funds ; helps them expand their funds and a lot of these charitable not-for-profit organizations can have a better opportunity of serving people in need . And at this particular time , I think this is a good way to l43 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16e 1997 help them out.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Rauschenberger.
I -- I would just ask the sponsor if -- if she thinks my count 's right . I think I 've counted so far eight special tariffs for telecommunications for different important groups to the State of Illinois when we did the first -- I mean, we all need to have bills next year, I understand , but maybe we could find ones that that weren 't quite as expensive . So I 'd -- I 'd urge you to think real hard about whether this shouldn 't wait for a -- a time in the future . Thank you .
PRESIDING OPFICER: (SENATOR GEO-KARIS) Any any further discussion? Hearing none , the question is - - Senator Parker, did you wish to close , ma Iam?
Thank you, Madam President. I would just like to remind the Chamber that this sets up the opportunity . The funding and how much it will be funded will actually be done by the Approp riation Comm ittee with the guidance of a wonderful State Senator , Senator Rauschenberger. So that will be ultimately their -- their consideration, decision.
PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Rather -- she has closed . The question is, shall House Bill 2059 pass. Those in favor will vote Aye . Those opposed w ill vote No . And *he voting is open . Have a11 voted who wished? Have al1 voted who wished? Have all voted who wished? Take the record . On that question, there are 46 voting Aye, 7 voting Nayr none voting Present. This bill, having received the required constitutional majority, is hereby declared passed . House Bill 2132 . Senator Radogno . Madam Secretary r read the bill. l44 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997
House B i11 2132. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFPICER: (SENKTOR GEO-KARIS) Senator Radogno .
Thank you, Madam President. This bill creates the School Reporting of Drug Violations Act . It requires that local law enforcement officials be notified of any drug offenses that occur in schools. The bill specifies Who needs to do the reporting and the times frames in which it needs to be done . A sk for your support .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question is, shall - - shall House Bill 2132 pass . Those in favor will vote Aye. Those opposed will vote Nay . The voting is open . Have all voted who Wished? Have all voted who wished? Have al1 voted who w ished? Take the record . On tbat question , there are 55 voting Aye, none -- 2 voting Nay , none voting Present. And this bill, having received the required constitutional majority: is hereby declared passed . House Bill 2152. Senator Cullerton . Read the bill , Madam Secretary .
House Bill 2152. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senayor Cullerton.
Thank you z Madam President , Members of the Senate . House B i1l 2152 îs a bill designed to put more teeth into the current l45 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6 , 1997 discovery rules for custodial parents to aid them in their efforts to obta in owed monies from able but unwilling noncustodial parents . The ultimate purpose , of course , of the leg islation is to ensure that children are not deprived of child support . It 's intended to be a discovery tool to assist custod ial parents against, as I said , these deadbeat non-custodial parents . The concept is borrowed partly from the Business Corporation Act and partly from the Uniform Fraudulent Transfer Act and is modeled to g ive a court discretion to make assets that are presently d iscover-protected discoverable by the courts . We did adopt an amendment at the request of the Land T itle Association that had a technical problem with the bill as it passed the House . And I think it 's an important bill . Would ask an Aye vote .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none r the question is, shall House Bill 2152 pass . Those in favor, vote Aye . Those opposed will vote Nay . The voting is open . Have all voted who Wished? Have al1 voted who wished? Have a11 voted Who Wished? Take the record . On that question , there are 57 voting Aye , none voting Nay , none voting Present . This bill, having received the required constitutional majority, is -- is hereby declared passed.
PRESIDING OFFICER : (SENATOR WEAVCR) Senator Klemm , on 2161. Read the bill , Madan Secretary .
House Bill 2161 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm .
Thank you , Mr. President. Senate -- or, excuse me . House Bill 2161 amends the Sanitary District (Act) of 1936. It 146 STATE 0F ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 provides that before a sanitary district may annex uninco rporated property , it must send a notice of record to all those of record holding pa rcels that are affected by that change . It also includes a prohibition that sanitary districts can sell o r lease p roperty after they 've acquired it by condemnation, and it also allows the smaller sanitary districts to be able to charqe a person who connects into the sanitary district and receive benefit a fee for doing that, but it does not force anybody to acquire that service o r charge them a fee if they w ish not to participate . There 's no opposition . It 's an agreed bill. I ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall House Bill 2161 pass . Those in favor, vote Aye . Opposed, Nay . The votinq is open. Have a1l voted who wish? Have all voted who wish? Take the record . On that question , the Ayes are 50 , the Nays are 6, none voting Present. House Bill 2161, having received the constitutional majority, is declared passed. Senator Rauschenberger, on 2164. Read the bill, Madam Secretary .
House Bill 2164 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger .
Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. I appreciate leave of the Body . This is actually Senator Mahar ls bill and he's participating right now in electrifying discussions. So he 's not available to do this . But -- but this is -- this is a wonderful agreed bill. It amends the Environmental Protection Act . Designates hazardous fluorescent and high intensity l47 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 discharge lamps as a category of universal waste . Creates tbe -- also creates the Drycleaner Environnental Response T rust Fund Act and modifies the definition of ''special waste .'' This is a bill that has worked very diligently throuqh the process . It 's got very broad-based support and I'd appreciate you pretending Bill was presenting the bill .
PRESIDING OFFICER: (SENATOR WEAVER) Is tbere discussion? Senator Cullerton .
ïes. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield .
Senato r, specifically w ith the fluorescent lamps , what is the effect of this this chanqe? We did pass a bill yesterday o r, yesterday -- last year w ith regard to the recycling of fluorescent bulbs and I wondered if you could tell me what this pa rticular change does .
PRESIDING OFFICER : (SENATOR WEAVER ) Senator Rauschenberger.
This bill takes care of the changes to the federal EPA rules that have just been passed allowing for recategorization of these lamps for disposal, designated as a category of universal waste subject to the Illinois Streamlined Hazardous Waste Rules, it's now a -- we can move it to a different section of the IEPA rules . It 's fa irly technical.
PRESIDING OFFICER : (SENATOR WEAVER) Is there further discussion? If not, the question is , shall House Bill 2164 pass . Those in favo r, vote Aye . Those opposed , Nay . The voting is open . Have all voted Who wish? Have all voted who wish? Take the record . On that question, the Ayes are l48 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 55 , the Nays are none, none voting Present . House Bill 2164, having received the constitutional majority, is declared passed. Is there leave to come back to 2171? Leave is granted . Senator O 'Malley , on 2211 . Read the bill, Madam Secreta ry .
House Bill 2211. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley .
Thank you, Mr. Presidene and Ladies and Gentlemen of ehe Senate . House Bill 2211 amends numerous Seetions of the Sales Finance Agency Act and other Acts . Ik is the initiative of a task force that had worked on this -- on the various amendments to these Acts that was instituted by the Department of Pinancial Institutions . When we heard this in comm ittee for the first time , there were a number of issues that were raised that resulted in the amendment that was offered and put on the bill earlier today. And that -- that particular -- that parEicular porkion of the bill reinstates the right of class actions and the right of a successful consumer who sues for violations of these Acts to attorney 's fees and costs . It also deletes the right of lender contracts to require arbitration befo re the consumer can seek judicial redress. It reinstates the requirement the Consumer Installment Loan Act licensee ma intain an attorney in fact for accepting the service of process. It reinstates the formula for figurin: daily interest, from the bills originally as crafted , fo r one -- or: on the basis of a three-hundred-and-sixty-day year to the existing three-hundred-and-sixty-five-day-year computation. It -- and it reinstates existing language in the Retail Installment Sales Act that the seller may not accelerate the l49 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997 maturity date of an account until the account has been in default for a least thirty days . The original bill completely deleted *he grace period, I might add . So with the work that was done by staff on both sides of the aisle and many of the people who showed a qreat deal of interest in the legislation over the last week, there was a tremendous step forward with the amendment that we see before us today . Againz the underlying leg islation is the initiative of the Department of Financial Institutions . request your support , but I certainly am available to answer any questions you may have .
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is , shall House Bill 2111 (sic) (2211) pass. Those in favor Will vote Aye. Opposed , Nay . The voting is open. Have a11 voted who wish? Have a11 voted who wish? Take the record . On that question, the Ayes are 55, the Nays are none , 3 voting Present . House B ill 2111 -- 2211, excuse me, having received the constitutional majority, is declared passed . END OF TAPE TAPE 4
PRESIDING OFFICER: (SENATOR WEAVER) . . . Di11ard, on 2215. Read that bill, Madam Secretary.
House Bill 2215 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR WEAVER) 150 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997 Senator Dillard .
Thank you , Mr . President and Ladies and Gentlemen of the Senate . Last y but not least, on the Order of House Bills 3rd Reading Reading is House Bill 2215 Which perm its a pawnbroker to maintain their records in computer format : and it also , importantly for law enforcement purposes, requires pawn property to be held by a pawnbroker for seventy-two hours, rather than twenty-four hours . I ld be happy to answer any questions and app reciate a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Is there d iscussion? If noty the question is z shall House Bill 2215 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted Who wish? Take the record . On that questkon , there are 58 Yeas, no Naysz none voting Present. House Bill 2215, having received the constitutional majority, is declared passed. We temporarily have Members off the Floor that have been granted leave to go back to , but in the meantime, we can go to the Order of Concurrences , on page l6 . For the purpose of nonconcur only . You 'll find them in bold print on your Calendar, beginning on page l6. Senator Klemmp you ive made a -- offered a motion of nonconcurrence with House Amendment No . 1. Madam Secretary , on the Order of Non-concurrence , read the bill number and the House amendments . House (sic) Bill 469.
I move to nonconcur With the House in the adoption of their Amendment No . l to Senate Bill 469. Offered by Senator Klemm .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Vlemm moves to nonconcur in House Amendments No . l to Senate Bill 469 . All those in favor, say Aye . Opposed , Nay . The 15l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6 , 1997 Ayes have it . The motion carries, and the Secretary shall so inform the House. For what purpose does Senator O 'Malley arise?
Mr. President , I move to nonconcur w ith House Amendment -- No . l to Senate Bill 680 .
PRESIDING OFFICER: (SENATOR WEAVER) Madam Secretary , would you read ...
move to nonconcur with the House in the adoption of Eheir Amendment No . 1 to Senate 3i11 680 . Offered by Senator O 'Malley .
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley has moved to nonconcur in Senate Amendnent -- House Amendment No . l to Senate Bill 680 . Is there any discussion? Seeinq none , all in favor, signify by saying Aye . Opposed , Nay . The Ayes have it. The motion carriesz and the Secretary shall so inform the House . Senator Lauzen : on Senate B ill 806. Read the billr Madam Secretary .
I move to nonconcur w ith the House in the adoption of their Amendment No . l to Senate Bill 806 . Offered by Senator Lauzen .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen moves to nonconcur with House Amendment No . l on Senate Bill 806. Is there any discussion? Seeing none, all -- a1l those in favor, say Aye . Opposed , Nay . The Ayes have it. The notion carries, and the Secretary shall so inform the House . Madam Secretary , on the Order of Non-concurrence, a motion 's been filedr on paqe 20. Senator Rauschenberger. Senate Bill 1229 -- 1129. Excuse me .
I move to ... l52 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997
PRESIDING OFFICER : (SENATOR WEAVER) Madam Secretary .
I move to nonconcur With *he House in the adoption of their Amendment No . 1 to Senate Bill 1129 . Offered by Senator Rauschenberger.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberqer has moved to nonconcur w ith House Amendment l on Senate Bill 1129. Is there discussion? If not , a11 those in favor, say Aye . Opposed , Nay . The motion carries . The Secretary shall so inform the House. On 1131 , Senator Rauschenberger? Madam Secretary .
I move to nonconcur with the House in the adoption of their Amendment No . l to Senate Bill 1131. Offered by Senator Rauschenberger.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? Senator Rauschenberger moves to nonconcur in House Amendment No . l on Senate Bill 1131 . Is there discussion? If not, those in favorr say Aye . Opposed , Nay . The Ayes have it. The motion carries, and the Secretary shall so inform the House. On Senate Bill 1132, Senator Rauschenberger . Madam Secretary .
I move to nonconcur with the House in the adoption of their Amendment No . l to Senate Bill 1132 . Offered by Senator Rauschenberger.
PRESIDING OFFICER : (SENATOR WEAVER) Is there -- is there discussion? If not, Senator Rauschenberger moves to nonconcur with House Amendment No . on Senate Bill 1132. Al1 those in favor, say Aye . Opposed , Nay . The Ayes have it. The motion carries and the Secretary shall so l53 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6g 1997 inform the House . ...back to the Order of House Bills on 3rd Reading . On page 3 is House Bill 131 . Page 2 . Excuse me. Mr . Secretary , read the bill.
House -- House Bill 131. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger .
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill l3l unamended - not amended - amends the Public Aid Code increasing the maximum public aid payments for funeral and burial expenses . Last year, when we did our rate relief for providers across the State and permitted a three-percent increase in the rates we pay to providers, funeral homes and funeral directors were in violation of a statuto ry lim it on how much we could pay for indigent funerals and the indigent burials . JCAR recommended that we adjust the Statute to reflect our legislative action last year. There is no fiscal impact. If anyone 's received calls about an amendment to 131, that amendment was held in committee this morninq . So this is 13l unamended . It simply permits the three-percent COLA to the funeral directo rs that deal w ith ind igent funerals and burials . I 1d appreciate favo rable consideration.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Walsh .
Senator Rauschenberger , you said there is no fiscal impact on this?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger . l54 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 50th Legislative Day May l6, 1997
Senator Walsh , last year when we did the three-percent COLAS for all providers: We funded this adjustment to the -- to the funeral directors, but because they have a statutory lim it set in khe books , we -- JCAR advised us that we needed to chanqe the Statute , or in essence, we were paying them their three-percent COLA against our own law . So the money Was -- has already been budgeted and expended , so there -- there ls no additional fiscal impact .
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Walsh .
Now, did -- is this COLA going to continue for -- I mean, is -- will -- will that be in there for ever and ever? I mean , is this ..
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.
Senator Walsh , yes. For sone reason, in the -- in the d istant past somewhere , the General Assembly thought it was wise to establish burial and funeral expense lim its by Statute , rather than doing it by rule, as we do with almost every other service that we purchase. Yes, this -- this three-percent ceiling permits us to pay them their rate, p lus three percent ; however , each year tn appropriations you could pay them anything you Wanted, as long as it 's under the cap .
PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? Senator Walsh .
I guess I -- Okay. See, I've -- I've heard from different funeral directors r and, I mean , this doesn lt even come close to what the -- what the cost of a -- a funeral is . I thought if 155 ! STATE OF ILLINO IS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6# 1997 wedre going to increase i*, maybe we ought to try to bring it up Eo the level of at least the costs for the -- fo r the directo rs .
PRESIDING OFFICER : (SENATOR WEAVER) Senator Rauschenberger .
Senator Walsh, youdre absolutely right. Unfortunately, this was a House bill, and it came over strictly based on -- on JCARIS recommendation, but I -- I really agree with you . We -- we have not adjusted that amount in a lon: time. Most funeral homes and funeral directors are -- you know, are forced to cross-subsidize the work they do for us, and it's very important work. It's just too bad that we lre at this point of Session . If I would have been payin: more attention, maybe we could have worked together on someth ing .
PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? If notr the question is, shall House Bill l3l pass . Those in favor will vote Aye . Opposed , Nay . The voting is open . Have all voted Who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 56, the Nays are none , l voting Present . House Bill 131, havinq received the constitutional majority, is declared passed. Senator Dudycz, on 172? Do you wish to recall this? Read the bill .
House Bill 172. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR WEAVER ) Senator Dudycz.
Thank you, Mr. President. House Bill l72 increases the penalty for transmitting a false repo rt to a peace officer to a Class 4 felony . As amendment or, an amendment was added ko it l56 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 having three parts. The first part expanded the prohibitions aqainst making false reports by changinq disorderly conduct Statutes and the 9-1-1 Statute, makinq them consistent . Further makes it a penalty for causing a false report to be transm itted , rather than transm itting a report, and adds protection for public safety agencies; for example, Natural Disaster Relief Fund . A first offense for making a false 9-1-1 report is a Class A m isdemeanor ; the second and subsequent is a Class 4 felony . It also adds repo rts of future or present crimes to peace officers to the Statutes, as opposed to prohibiting only reporting of crimes that have already been conm itted . It increases penalties for requesting a policeman or ambulance to a Class 4 felony for their first offense . The second part of the amendment is -- of the amendment that was added is in response to a recent Illinois Sup reme Court case striking down the use of no-knock search warrants . This part of the anendment permits the court to issue such a warrant if the applicant for warrant shows that a weapon would be used against the officer or another , or if there is imminent danger to or evidence destruction. Languaqe -- the final part of the amendment addresses a problem with the commencement of adjudicatory hearings for abused, neglected or dependent minors. The bill requires a hearing to be commenced within the same ninety days as before, but admits a court to delay the hearing if necessary to ensure a fa ir hearing . And I would move ...
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Shaw .
Thank you , Mr . President . Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He ind icates he would yield.
Senator Dudycz, would -- could you how does this bill - l57 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May 16, 1997 this no-knock provision in this bill - conform w ith the State of Wisconsin versus Richards?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz.
I 've been informed that it is drafted to be slightly more narrow but to be consistent with that court ruling .
PRESIDING OPPICER: (SENATOR WEAVER) Senator Shaw .
Let me ask you , under what circumstances you, as a policeman , can come to my home and just knock the door down?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz.
Senator, if I w ish to knock down your door, I would have to get approval from a judge.
PRESIDING OPFICER : (SENATOR WEAVER) Senator Shaw .
Okay . What -- What -- what method would you use to get thaE? Is that by way of informants or -- or visual contact or your own individual visual contact or by some informant?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz .
Well, it would be conforming to current law that would allow me to go before the judge to seek that -- that warrant, Senator. And as far as going through your door, it depends hoW many locks you have on it or -- and how s'trong your -- your hinges are .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw . l58 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997
What I'm -- if you have made visual observation, what I'n getting at here , would you need a warrant at that time? Would you need -- still need to go and get a warrane if you fve made visual observation that some kind of drug or -- drugs or cannab is was being sold at that -- on those prem ises?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz .
That 's correct, Senator.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw .
I don 't want to prolong this, but -- but read the -- the case -- the Wisconsin case yesterday and I'm not certain that this is -- that this is drafted as the court ruling Was; it -- it seems as though to me that a informant could give you some information, could be angry at me , give you some information that I 1m selling d rugs at this particular location , my home . And that would authorize -- you take that informant, go before a judge. That informant sweared that drugs -- that I 'm selling drugs there , and that it would give the judge or you reason to -- to get the warrant, whether you had seen it or not. Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz.
Senator Shaw , you still have Eo conform to current -- to current Statutes and to be complying with -- exactly the way we currently do to get a warrant . I have been -- 1 '11 tell you what , Senator. Since this is going into the Housez I think that we can address that if we have to change it , When it goes to the other -- inko the House of Rep resentatives . l59 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6 , 1997
PRESIDING OFFICER: (SENATOR WEAVER) Senator del Valle . Senator Shaw?
Thank you , M r. President. That 's a good suggestion , and certainly, I know What your intent is in terms of dealin: with the drug situation, and Ilm not tryinq to impede that effort because I feel the same as you feel about drugs and people selling drugs and dispensing drugs out of the -- out of their home. But I just wanted to make sure and I ld like to make sure that the average citizen's right is protected here, where that we don't qive the -- the police department a blanket warrant to go in and just tear down somebody 's door because somebody gave them some information that they was qoing to be selling drugs. But I wish you would take a furkher look at khis r and I -- and I would hope ehat you would read that decision , that court decision , of W isconsin and maybe you could :et some new insight in terms of the way this language is written . Thank you .
PRESIDING OFFICER : (SENATOR WEAVER) Senator del Valle . SENATOR dEL VALLE : Thank you, Mr. President. Senator Dudycz, I have the same concerns as Senator Shaw just expressed, but in addition to that, the 9-1-1 provision , I think , is -- is a p roblem as Well. We are now, under this bill, making a false alarm or complaint a Class A misdemeanor. So, wefre essentially doubling the fine, the penalty? Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER ) Senator Dudycz . SENATOR DUDYCZI That 's correct.
PRESIDING OFFICER: (SENATOR WEAVER) Senator del valle . 160 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6y 1997 SENATOR dEL VALLE : A s a police officer r you certainly know that in the City of Chicago, calls to 9-1-1 are responded on a p riority basis . Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz .
That 's correct. Senator..
PRESIDING OFFICER : (SENATOR WEAVER) Senator del Valle . SENATOR dEL VALLE : Well, everyone knows in Chicago , particularly in certain neighborhoods, that in order to get a response, a quick responser to a 9-1-1 call, you have to , in some cases, exaggerate in order to :et the police to respond. There is a real problem with a quick response. I've heard tapes of -- of dispatchers questioninq the 9-1-1 caller When the caller makes repeated calls, questioninq in an attempt to determine the seriousness of -- of the call. Now , if a person bein: questioned exaggerates fo r the purpose of getting a response because they 're frustrated by the fact that theylve had to call 9-1-1 four times, does that mean that that person then can be found to be -- have made a false call...
PRESIDING OFFICER : (SENATOR WEAVER) Senator Dudycz.
Well, Senator, currenkly if someone were to -- and we dre not talking about exaggerating ; we dre talking about claim ing that there is an emergency . Currently, if someone is claim ing that there is a fire emergency in their home, that there's a fire or if there 's an inhalator or if there 's a person that needs medical assistance and they dial 9-1-1 and it is found to be a -- a false report, that is -- that is a felony at the second offense . First l6l STATE OF ILLINOIS ! 90TH GESERAL ASSEMBLy I REGULAR SESSION I SENATE TRANSCRIPT 50th Leqislative Day May l6 , 1997 - - first offense is a misdemeanor. What this language is doing -- currently , you could make ten or fifteen calls of a 9-1-1 nature to 1aw enforcement and currently they remain misdemeanors. What this will do is bring the standards up ko be equal. Whether you are calling for an emergency -- for a fire emergency or a police emergency , they would be consistent now , under this language . PRESIDING OFFICER : (SENATOR WEAVER) Senator del Valle . SENATOR dEL VALLE : Well, this -- this bill says that transm itting -- if transmits or causes to be transmitted . So in other words: it could be the person Making the call or someone who asks someone to make a call . Transmits a false report to any public safeky agency without reasonable qrounds necessary to believe that transmitting such a report is necessary for the safety and welfare. Now, Who determines what is reasonable grounds? If I see a strange person out in front of my house and I see that that person seems to have - - may have a weapon in their pocket and I call and I say, ''There 's a person who may have a gun in front of my house , please come outr'' I mean, do I get charqed with filing a false report when the police comes and finds that that person was -- did not have a weapon? PRESIDING OFFICER : (SENATOR WEAVER) Senator Dudycz. SENATOR DUDYCZ: The answer is absolutely not: Senator. And this is not -- we're not dealing with someone who sees something that may be of an emergency nature and they dial 9-1-1. We lre talking about somebody who intentionally calls 9-1-1, knowing that there is no emergency. When *he police officer is responding to this 9-l-le they are going throuqh red liqhts and they are exceeding the speed limit to get to the victim's home to assist them. Now , if this l62 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 person is -- is called -- calling 9-1-1 for a -- a ridiculous reason or for a nonemergency reason, not that there may be -- there may be an emergency . The dispatcher gives that announcement to the -- to the police officer. They are aware that there is a suspicious person . That may be of an -- may be of an emergency nature . They use necessary caution to get there . But if there is a call of a -- of a man shot or a rape in p rogress, those police officers are going to be rushing to that scene as soon -- as fast as they can , disobeying lights, exceeding the speed limit to qet there . If they find out that someone 's involved in there because someone 's was involved in a m inor dispute or someone was upset over some nonemergency nature, that 's when they can be p rosecuted .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon .
Thank you , M r. President . Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he w ill.
Senator Dudycz, on the 9-1-1 , who determ ines whether that Was a m inor incident or not? Sometimes you can have a scuffle in the family and if the police don 't come right away, then it escalates into a murder.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz.
If you call the police -- if you call 9-1-1 because there is a minor scuffle, that is not of emergency nature . If it escalates in -- as many cases it does happen , a domestic disturbance . There may be a shouting match of neighbors or some people having a m inor domestic dispute and many times escalates where someone is injured and there is someone's physical safety at l63 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6# 1997 - - at -- being harmed , then that escalates into an emergency and the police officer is dispatched immediately there . But if someone is -- is is being harassed or has has had his car stolen or something , that is not a nature -- a crime that would require the police officer to be going through red lights and exceeding the speed lim it to get there riqht away .
PRESIDING OFFICER : (SENATOR WEAVER) Senator Hendon .
Well , I 'm very sensitive to -- to having the officers flying to a scene, but -- and if I could briefly , 'cause I 'm going to be very brief, Mr . President . I do need to have everybody 's attention 'cause this is very important . If you feel you 're in a situation of danger, you should be able to call 9-1-1 w ithout fear that you 're qoin: to get charged with a crime because if you wait - under your scenario , now the person is shot or dead and then you want to call 9-1-1. It makes no sense, my friend . People should not be afraid to call 9-1-1 . You need to hea r this , Ladies and Gentlemen of the Senate , because if this passesz in comm unities like m ine where people already have trouble w ith 9-1-1 and have problems with getting 9-1-1, now if it gets out that if you call 9-1-1 and the police determ ine that it was not a true emergency , then you lre dead . If you 're a single woman and you have somebody lurking around your apartment window intending to rape you, you should not have to wait until that person has taken their private part out of your body to call 9-1-1. When you see that person and they 're around your apartment and it 's clear that that person is menacing you , you should be able to call 9-1-1 and get help without fear of getting three years in jail. Three years in jail, ten-thousand-dollar fine . That -- that is , we really need to take a look at that portion . Now on the no-knock real quick , and 1 111 be finished. No-knock is very, very dangerousg and it's not just l64 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6, 1997 dealing with drugs, Ladies and Gentlemen of this Chamber. If the State 's Attorney of Chicago , who happens to be a Democrat, determines that we need he needs to go into the Republican Headquarters because he thinks there ls a violation of the 1aw and he convinces a judge, who might also happen to be a Democrat, that they 're going to shred evidence like in Watergate - or -- or What is the current one goin: on? - wouldn 't that qualify for no-knock? It doesn 't have to be drugs . It 's destroying any evidence . Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER) Have you concluded , Senator Hendon? Senator Hendon, have you finished?
Well, I -- that is a question, because as I read the legislation it says that the law enforcement can go to the judge and get a warrant to no-knock if there is evidence that the officers m iqht be harmed or destruction of evidence . And you better be very clear about destruction of evidence because that could be shredding of documents. Is that correct?
PRESIDING OFFICER : (SENATOR WEAVER) Senator Dudycz .
The answer is yes.
PRESIDING OFFICER : (SENATOR WEAVZR) Senator Hendon .
In my close, I want you to really think about what Walter just said . He sa id the answer is yes . So any overzealous not that all of them are , but anyone , even for political reasonsz who has one of you as a target, who decides , 1'We11, we need to go into somebody's officer'' and they can convince a judge, who may happen to be of the same party or a friend or whatever, that you fre going l65 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 to destroy evidence - that 's not drop drugs ; that 's any kind of evidence - shredding documents or anything , they could get a no-knock and come into your office or your apartment or your home or the Republican Headquarters or the Democratic Headquarters in - - in -- in case of a Republican State ls attorney . Now , the danqer also is when the officers come in without uniform and they don't knock and - the bill also says - do not identify themselves as the police , what 's going to stop you from shooting? The averaqe person, if somebody kicks their door in and does not say ''We are the police z'' I believe they have a right to defend their household, because in my neighborhood, people will come in your house y rape your wife , kidnap your kids and steal everything . So if somebody kicks my door in and does not knock and say they are the police, I have a right to defend my home. So does every law-ab iding person in the State of Illinois. And if you aqree with that concept, that you have a right to defend your home , the police should at least be responsible to knock on that door and say ''Welre the policeq'' And it's not just a gun as a weapon. A bat can be weapon. A golf club can be weapon. A kitchen knife can be a weapon. Be very, very careful about voting for this legislation, because it could happen to you.
PRESIDING OFFICER : (SENATOR WEAVER) Senator Hawkinson .
Thank you, Mr. President. I rise in support of House Bill 172, and just a couple of things, in response. As to the 9-1-1, the nature of the offense is not being expanded . As a matter of fact : there ls some latitude given in regard to the provisions on 9-1-1 because Whereas formerly you would be reporting that a crime had been committed, now you dre also allowed to report that a crime is in process . Otherwise , there ls no change in the nature of that offense . As to the no-knock provisions, we dve had no-knock . We l66 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 have passed the no-knock, these same no-knock provisions before by this Body . All we 're doing -- we 're keeping the same requirements that you go and get a warrant and all of the things that we 've always had to do , but the standard of the kind of proof that you have to present to the judge is expanded, and it's done so to be in compliance with the United States Sup reme Court decision arising out of the Wisconsin case . think it 's a good bill and we all ought to vote for it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw, for a second time.
Yeah. I just wanted to ask one oeher queseion of the sponsor. On the -- on the 9-1-1, in many communities in Chicago, because of the -- probably because of the nature of the calls that you are getting , if a lot -- an awful 1ot of citizens w ill call up and say ehat a policeman seemed to be in erouble and tha t gets gets a quick respond from the police department to come and help another, even though when they get therer they find that it's the citizen or some other individual being attacked. What is the penalty on that person for saying that a police -- for calling saying a policeman need help? Would that person be subject to falsifying a report? Would he be subject to -- he or she be subject to this...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz.
Well, Senator, I -- I don 't know of any case where if some citizen is being attacked , that someone would call and say that it 's a police officer who 's being attacked and they would be prosecuted. If the citizen is being attacked, if a police officer is being attacked, if anyone is being -- is being menaced and there is a 9-1-1 emergency , they call 9-1-1 , the police department dispa tches up a squad car to get over there as soon as possible to l67 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997 - - to -- to afford a id and help -- assistance to the person who needs help . Now , I guess the 9-l-lr the-police-officer-needs-assistance call that you dre referring to is that -- that someone would be -- would be charged w ith this offense is if there is a donestic dispute , if there is a fight between two brothers , if someone stole somebody 's bicycle, if you have a -- a minor incident or -- or just a verbal altercation where someone may call and say there is a police officer that needs assistance, he is getting beat up by somebody or a man got shot or a woman is being raped . That causes the police officers to go out there, risk their lives and risk others ' lives to get there, to -- to give assistance to that citizen . If -- and the -- and the whole -- the whole subject here is -- is the knowledge. If someone is calling because they think someone is being menaced , Senator Hendon, or if there -- if they think that someone is being attacked , Senator Shaw , or if they believe that they 're being -- their house is being broken into, or if they see a strange person that is attacking someone or they believe is about to attack someone , that is a valid excuse . We 're talking about someone Who knowingly , willfully goes out there z knowing that there is no emergency, calls that rape in progress, calls that 10-1 or calls that that robbery or -- or homicide, which causes law enforcement to go out there and -- and to put other people in harm .
PRESIDING OFEICER: (SENATOR WEAVER) Senator Shaw .
Yeah . I 'm sorry . But the only question that I wanted you to answer is if I make the call that a policeman - the 10-1 you dre talking about - need assistance and when you get there , even though it's some other incident taking place, would I be subject to this p rovision of this billg in terms of a -- a Class A or l68 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legàslative Day May l6, 1997 Whatever the Class is# m isdemeanor?
PRESIDING OFFICER: (GENATOR WEAVER) Senator Dudycz .
Would I be subject. That's what 1...
Yes, but I don't know of any State's attorney that would if there is an emergency , whether it is a 10-1 report or -- and that -- in factr happens to be a nonpolice officer that needs assistance, I don't know of anyone out there that would -- would prosecute the person who called . You dre -- you dre absolutely co rrect, Senator Shaw . If somebody says there 's a 10-1 and there 's a police officer that is shot and the police come to the scene, they find out there 's an average citizen that's shot, that does not negate the fact that a -- a 9-1-1 call was there and it was legitimate .
PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? If notr the question is, shall House Bill l72 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open . Have a11 voted who Wish? Have a1l voted who wish? Take the record . On that question , the Ayes are 43, the Nays are 9 , 3 voting Present r 4 not voting . House Bill 172, having received the constitutional majority, is declared passed. Senator Maitland, on House Bill 260 . Read the bill, Mr. Secretary .
House Bill 260. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland .
Thank you very much , Mr. Presidenty Members of the Senate . l69 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 House Bill -- House B ill 260 does a number of things . W ith the decrease in the number of -- of landfills statewide , there are an ever-increasing number of transfer stations around -- around the State . And if you -- if we -- if we understand what the solid waste plan that we passed -- Solid Waste Act plan that we passed a number of years ago does, it is -- it will allow for the collection of tipping fees that are to be used for counties - and that 's plural , ''counties'' - attempt to invoke their oWn solid waste management plan . And fewer and fewer counties are being able to participate because they don 't have solid waste landfills and so there 's no tipping fee . This bill y again as I said , does a number of things . First of all, the -- the amended bill expands the authorized use of the tipping fee funds to include any other environmental-related purpose , including but not limited to an environmental -- environment-related public works project, but not for the construction of a new pollution control facility . This is languaqe that was suggested in Dupage County . The bill also authorizes units of local government in which a solid waste transfer station is located to impose a tipping fee. A unit of local government who controlled this in wh ich a landfill is located w ill still be able to charge a tipp ing fee ; however, the total fee charged is not to exceed the current sixty cents per cubic yard or dollar twenty-seven per per ton charge . A fee imposed upon the transfer of waste may be imposed on the transfer of waste from one transfer station to a landfill of disposal. would not represent this bill as anything other than having some individuals who are for it and some are against it. I believe it - - it moves us or moves many of these counties in the d irection of being able to collect a tipping fee Eo be able to put in place their oWn solid waste management plan. Mr. President, I would seek suppo rt of the Body and would be happy to answer any questions. l70 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16 , 1997
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch .
Yes . Thank you very much . When we imposed that initial tipping fee , the idea was to take care of counties that had landfills and they were supposed to be able to plan their futures, and -- and that 's what they did . Now , instead of allowing those counties that have the transfer stations to also charge a fee , welre just splitting on a forty-six percent, fifty-two based -- fifty-percènt percent basis the tipping fee we imposed several years aqo . It Would seem to me that those counties should be allowed to impose their own fees and that since they are double-handlinq the waste through the transfer station : they should be able to impose their own fee at that point . You know , the Chamber of Commerce is opposed to this , and I 1m some of these other opponents I 'm rarely on the same side of : Waste Management, Browning Ferris . I 'm usually on the other side of them , but it seems to me that what we dre doing is we 're penalizing those counties that have the landfills and are permanently goin: to be the repositories of this Waste in favor of those that are just transitorily in charge of the Waste as it goes from a transfer station on down . So I think this is a good one to vote No on . I think that the local transfer stations would have the ability to impose local fees so they can handle their own waste. Much of this is sent to those of us downstate. I know there are some downstate areas that -- that do well w ith this but noE very many of themz and that's one of the reasons the Chamber of Commerce is opposed . I think this is one that should go back to the drawing board . I think that the current situation is a good one . There are remedies for the transfer stations by having local surcharqes added . So I would urge a No vote .
PRESIDING OFFICER: (SENATOR WEAVER) 17l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997 Senator Geo-Karis .
Will the sponsor yield for a question?
PRESIDING OFFICER : (SENATOR WEAVER) He indicates he would yield .
Senator Maitland , was the amendment put on that Lake County requested?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Ma itland .
Yes, Senator Geo-Ra ris, it -- it was .
PRESIDING OFFICER : (SENATOR WEAVER ) Senato r Petka .
Thank you very much. Will the sponsor yield?
PRESIDING OFFICER : (SENATOR WEAVER) Excuse me # Senator Petka . Sponsor will yield . Yes.
Thank you . Senator, does this particular piece of legislation address any issue that -- or any concern from your particular Senate district?
PRESIDING OFPICER: (SENATOR WATSON ) Senator Ma itland .
- - Mr. President, I'm sorry. Senator Petkar I didn't -- I d idn 't hear your question . I 'm sorry .
PRESIDING OFFICER : (SENATOR WATSON) Senator Petka .
Thank you . Does this piece of legislation, with the Senate amendment, address a concern within your particula r constituent or l72 ! STATE OF ILLINOIS 90TH GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 Senate district?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland .
Senato r Petka , we no lonqer have a landfill in McLean County . We have a transfer station, so 1, along with many others, would benefitg yes r sir .
PRESIDING OFFICCR : (SENATOR WATSON) Senator Petka .
Senator, I 've received a significant amount of co rrespondence from people throughout my county - my county board , my county executive - that this p iece of legislation Will negatively impact the County of Will . In fact , I believe that we dre -- the information I have is that it Will -- we will lose at least sixty thousand and perhaps one hundred twenty-two thousand dollars of -- of revenue. My question, sir, is that if it is necessary from this legislation to permit another entity to -- to be the recipient for these revenuesg why is it necessary to -- to, basically: take that monies away from counties or -- that already have a very good solid waste plan in existence and in which they lre using these fees to further advance the ends of that solid waste plan?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.
First of all, Senator Petka, and I1m not -- I'm not privileged to have the numbers that you have . The numbers that -- that I have , since -- for Will County - and I assume that 's the county We are talking about - you do have two transfer stations and the numbers I show - and , again, I -- I don 't -- I have to trust the figures to be accurate , and I trust you figure that you -- you l73 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 assume that your numbers are accurate - but the net impact to W ill County would be twenty thousand dollars, because you do have transfer -- transfer stations there . And I -- I'm sorry : I forgot the other part of your question .
PRESIDING OFFICER: (SENATOR WATSON) Senator Petka .
just go to a different area. In fact, I'd like just to speak briefly to the bill . We have a p iece of legislation in which I have -- basically I joln with my colleague from the other side of the aisle, Senator Welch, which is rather infrequent that agree with him , but on this particular issue I do believe that it is not in the best interests of the people of this State and certainly the people that I rep resent to -- to basically go forward with a concept like this. I don 't believe that there has been any need demonstrated to do this. And I do believe that it is punishing people who took the State at its word in setting up a solid waste management plan and having a revenue stream , and I would urge its defeat.
PRESIDING OFFICER : (SENATOR WATSON) Further discussion? Senator Tom Walsh .
Thank you , Mr . President. I move the previous question .
PRESIDING OFFICER : (SENATOR WATSON) Previous question has been moved. We have three remaining speakers . Senator Burzynski, Radoqno and Viverito . Senator Radogno is next .
Thank you . I 'm a strong supporter of this piece of legislation . I think it p rovides for a more equitable distribution of funds that were originally intended for solid waste planning purposes. And it seems to me that since the time l74 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 5Gth Leqislative Day May l6 , 1997 this original legislation was enacted, conditions have changed in that *e now have a concentration of where the landfills are . So the current system provides for a windfall for those countles that happen to have a landfill . By using the transfer station as the point of distribution , I think that we continue to fund the purpose of this fee originally g for solid waste planning activities. There are some solid Waste planning agencies that will go out of business, franklyr if we're not able to pass this . And I certainly would be open in the future to looking at ways to even distribute this more equitably. I don't think our work in terms of solid waste planning has been completed by any means . So I would urge a Yes vote on this .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Viverito.
Thank you , M r. President . 1, too , rise in favor of this legislation. I think it will be an opportunity to give some relief to the townships, as well as the municipalitiesy that are -- where they do have these transfer stations r which is sometimes very difficult for them . And I wish that a11 would give some considerakion to supporting this bill. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Burzynski.
Thank you. Will the sponsor yield?
PRESIDING OFFICER : (SENATOR WATSON) Sponsor indicates he'll yield, Senator Burzynski.
Thank you . Just a couple of questions . I 'm a little bit confused . I 've been receiving correspondence ... Yeah , what else is new? I 've been receiving correspondence from my -- a couple of counties that I have in my district that have landfills , and they l75 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6, 1997 have requested a No vote on this bill. However, when I see this , that offers ''support House Bill 260, as amended ,'' they dre both listed on here as as benefitting from this bill. One of the counties indicated that their tipping fees could decrease by as much as forty-eight percent under this legislation , and yet they dre listed on this list. And I -- I 'm kind of confused , if there 's erroneous information beinq p resented not by you , Senator, - but , I mean, by -- by someone, whether it 's -- it 's a lack of understanding, don 't know . So I -- have some confusion . I don 't know whether you can address that or not .
PRESIDING OFFICER : (SENATOR WATSON) Senator Maitland .
Senator, I -- I guess I don lt know exactly your specific case : but -- but the answer is yes , there could be a -- this is -- first of all , this is a -- there could be a host agreement involved here, there could be a nunber of things involved here . W ithout knowing the specific case, I 'm not sure . But -- in answer to your question , yes, it is possible .
PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski .
Thank you . To the bill, then . I have some concerns for - - for my area . We 're in a situation where we 're beginning to -- to get everybody else 's landfill waste r et cetera , from other counties, neighboring counties beside us, and to -- for me to vote to take away the opportunitles that our county has to establish tipping fees, to continue to collect those at the rate that they are now , can 't support this leqislation. would ask for a No vote .
PRESIDING OFFICER: (SENATOR WATSON) Senato r Walsh , there would have been a previous question l76 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6p 1997 motion , and we accepted that . So , Senator Maitland , to close . . . . there ls been , I guess, some confusion. This bill should have been asked to seek leave to go back to the Order of 2nd Reading for the purpose of an amendment. I understand an amendment has been offered . Does the Body concur w ith that leave? Leave is granted . On the Order of 2nd Reading is House Bill 260 . M r. Secretary , have there been any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Maitland.
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland .
M r. President, I move for the adoption of Floor Amendment No . to House Bill 260.
PRESIDING OFFICER: (SENATOR WATSON) Maybe you ought to explain it .
We -- we have been , Senator, for the last fifteen minutes, yes .
PRESIDING OFFICER: (SENATOR WATSON) Very good . Is there any discussion? Any discussion? A roll call has been asked for. A11 those in favor, vote Aye . Opposed , vote Nay . The voting is open . Have all voted who wish? Have al1 voted who wish? Have al1 voted who wish? Have all voted who w ish? Take the record . There are 28 voting %es, 29 voting No , and the amendment fails . Any further Floor amendments , M r. Secretary?
No further amendments reported .
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senator Maitland .
l77 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6 , 1997 I request verification of the negative votes , please .
PRESIDING OFPICER: (SENATOR WATSON) A verification has been requested. I would suggest al1 Members be in their seats. ...reminder. It only takes a majority of those votinq to adopt the amendment. Mr. Secretary, would you please read the affirmative. beg your pardon. The negative, yes. The negative votes.
The following voted in the negative: Bowlesr Burzynski, Clayborne , Cullerton, Demuzio , Fawell , Fitzgerald , Geo-Karis , Halvorson, Hawkinson, Hendon , Jacobs, Jones, Lauzen, Luecb tefeld , Myers, O 'Daniel, O 'Malley , Parker , Petka , Rauschenberger, Rea , Shadid, Sieben, Smith, Syverson, Trotter, Larry Walsh, and Welch.
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland , do you question the presence of any Senator?
Senator Clayborne.
PRESIDING OFFICER: (SENATOR WATSON) Senator Clayborne is in the back of the room.
Senator Cullerton .
PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton? Senator Cullerton . Strike his name .
Senator Trotter .
PRESIDING OFFICER : (SENATOR WATSON) Senator Trokter? Senator Qrotter.
Senator Trotter?
PRESIDING OFFICER: (SENATOR WATSON) Senator Trotter on the Floor? Strike his nane .
l78 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 Senator Syverson .
PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson . Senator Syverson on the Floor? Senator Syverson . Please strike his nane .
Senator Geo-Ka ris .
PRESIDING OPPICER: (SENATOR WATSON) Senator Geo-Karis? Senator Geo-Karis. The lady is not on the Floor. Strike her name .
Senator Rauschenberger .
PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger? Senator Rauschenberger on the Floor? Senator Rauschenberger? Strike his name .
Senator Em il Jones.
PRESIDING OFFICER: (SENATOR WATSON) Senator Emil Jones? Senator Jones. Is Senator Jones on the Floor? Strike his name. Senator Demuzio, for what purpose do you rise? Senator Demuzio.
Are we in the mode now to take the Leaders off on verifications? Is that right? And -- and all the negotiators?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland. Senator Maitland. Senakor Maitlandg did you ask to be recognized? Senator Carroll.
I believe that this was by request of the Leader who was not p resent at the time his switch was pushed .
PRESIDING OFFICER: (SENATOR WATSON) Senator Trotter has returned . Return him to the roll. Senator Welch . l79 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997
. . . says you can ask to be taken off . There 's a Senate rule that says you can be verified as being voted on *he motion but not a rule that says you can be asked to be removed . Well, but we have a rule. I tried -- I tried knocking off Senator Philip about a month ago , and I was roundly booed . And a chorus rose up that we don 't do that . And now We did it , plus we verified off Syverson, Trotter, and I think Rauschenberger, Who are all negotiating. So IIm not sure exactly what rules we dre following today .
PRESIDING OFFICER : (SENATOR WATSON) Senator Jones is verified off , and we will p roceed . Senator Burzynski? On a verified roll call, there are 28 Yesz 24 No, no voting Present. The bill, having received the required -- the amendment is adopted . Senator Burzynski.
Thank you . I 'd like to verify the Ayes .
PRESIDING OFFICER : (SENATOR WATSON) That request is in order. Mr . Secretary, please verify the affirmative .
The follow ing voted in the affirmative : Berman , Bomke r Butler, Carroll , Croninr DeLeo, del Valle y Dillard , Donahue, Dudycz, Farley , Garcia , Karpiel , Klemm , Link, Madigan, Mahar, Maitland , Molaro r Obama , Peterson, Radogno , Severns , V iverito , Tom Walsh, Watson, Weaver, and M r. President .
PRESIDING OFFICER : (SENATOR WATSON) Senator Burzynski.
Thank you . Senato r del Valle .
PRESIDING OFFICER: (SENATOR WATSON) Senator del Valle is in his chair . l80 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 50th Leqislative Day May l6, 1997
Senator Donahue .
PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue is in her chair.
Senator Garcia .
PRESIDING OFPICER: (SENATOR WATSON) Senator Garcia is in the back of the Chamber .
Senator Karpiel .
PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel is in the aisle .
Senator Madigan .
PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan is up here in front .
Senator Molaro . don 't think so . I -- I served in the House with Senator DeLeo .
PRESIDING OFFICCR : (SENATOR WATSON) Senator Molaro . Senator Molaro on the Floor? Senator Molaro . Strike his name .
Senator Severns.
PRESIDING OFFICER: (SENATOR WATSON) Senator Severns is talking to the media .
Where We all should be. Thank you. I have no further questions.
PRESIDING OFFICER : (SENATOR WATSON) On a verified roll call, once again, there's 27 votin: Yes, 24 voting No and the amendment is adopted . 3rd Reading on House Bill 18l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16g 1997 260. M r. Secretary , please read the -- read the bill.
House Bill 260. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland .
Well, 1et -- before I close, let me open, and would just seek approval of the bill. If there are no other speakers , I w ill close . Three additional speakers.
PRESIDING OFFICER : (SENATOR WATSON) Senator Hawkinson .
Thank you . Will the sponsor yield?
PRESIDING OFFICER : (SENATOR WATSON) Sponsor indicates he dll yield , Senator Hawkinson .
And I didn 't completely follow the colloquy between Senator Burzynski and you on the amendmentr Senator, but -- but when I -- I got the original House bill numberz which I guess was 1106, I looked at my notes, and despite what the p rintout says about Henry County and Peoria , Peoria has written me in opposition to this . The Henry County Board has passed a resolution in opposition to this. And I guess the inquiry needs to ber you know : What is there that is changed in -- in your Amendment No . that has noW become House Bill 260 and original House Bill 1106, if anything?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland .
Senatore the -- the Amendment No . l was what is the -- the preponderance of the bill . Amendment No . 2 that we filed i82 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16 , 1997 yesterday and adopted was the one that was -- necessary or a concern to -- to Lake County .
PRESIDING OFFICER : (SENATOR WATSON) Senator Hawkinson .
Has -- has the substance of the bill and its impact on -- on counties' tipping fees substantially changed from the form the bill's in now, except for Lake County, and House Bill 1106 as it came over to us?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland .
To the best of our understanding , Senator, it is the same as House Bill 1106 . Yes , sir.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Larry Walsh.
Thank you , Mr. President and Ladies and Gentlemen of the Senate. I rise in opposition to this bill. In Will County, we took it upon ourselves to try and control our destiny in the line of municipal waste . I served on those committees and attended many, many hours of discussion with the county board in making our decisions to take care of our future growth for the next twenty-some odd years. We are very fortunate that We are hopefully in line of receiving land kn the Joliet Arsenal that we are going to create a four-hundred-and-fifty acre landfill for municipal Waste. And I find it very disappointinq to see that we are going to be the recipients of that waste and then give part of our money back, because of the transfer stations, to somebody else . If somebody else wants to go through the same procedures as what we did and find land ava ilable in their county to create a landfill, then so be it. But I don 't find it very good g l83 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6s 1997 disappointing , to see us being basically penalized in losing revenue , because now we are in a position to -- to take waste , and have to give it back to someone else -- take -- give some of the money back . So, I 'm in opposition to this .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Carroll .
Thank you, Mr. Presidene. T would move the previous question .
PRESIDING OFFICER: (SENATOR WATSON) Previous question has been moved. We have -- next speaker is Senato r Welch , followed by Senator Karp iel and then Senator Jacobs. Senator Welch .
I had a question of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he will yield .
Senator, my analysis showed, from yesterday , that Lake County and Will County oppose this. And now there 's an amendment exempting Lake County . Could you tell me why Lake County was exempted and not Will County?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland .
Senator, they -- We addressed almost all of Lake County 's problems . They had wa ived their fees on the host agreements z and they had come to us, and Senator Geo-Karis had come to me. And We offered the amendment: shared it with them and -- and addressed that pa rt of their problem .
PRESIDING QFFICER: (SENATOR WATSON) Senator Welch .
l84 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6 , 1997 So if -- so if Senator Geo-Karis lived in W ill County , we would -- had an exemption in W ill County .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? Senato r Jacobs.
Thank you, Mr. President. Will make it very brief. I just want to concur with what Senator Walsh had to say with one exception . He talks about giving money back to the other conmunities for the tipping fee#. I honestly think, in the long run, th is is going to increase the cost of landfill costs r and that 's the main reason I think we should vote against this bill.
PRESIDING OFFICER: (SENATOR WATSON) A -- Senator Maitland , to finish -- to close .
Thank you very much , M r. Presidentg Members of the Senate . I fully understand that this is a departure from where we Ive been in recent years. The fact of the matter is, there -- there are diminishinq numbers of landfills around the State . A nd when when a landfill is developed , you can put in place any kind of host agreement that you want. The fact of the matter is , this tipping fee is to be used for not only the solid waste problems that are -- that are associated w ith the landfillz but they dre also to put in place solid waste plan for -- and the law says ''counties,'' and that 's plural. Each -- each county has needs to put in place a solid Waste plan that deals with recycling and a multitude of things to deal with the ever-increasing problem with solid waste . This is, I thinkp the first step in Erying Eo ge* this back on track , and there may be a need for further legislation . And , franklyg we have tried fo r a number of days , Ladies and Gentlemen of the Senate , to negotiate with some of the opponents of this bill . This bill will obviously go back to the House. If you recognize wè have a solid waste problem in this l85 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 State, it seems to me this is a' reasonable way to attempt to address it in some of the other counties Who also have problems with solid waste but don't have a landfill and, therefore, the benefit of -- of the tipp ing fee . So , I appreciate and respect the debate on both sides . I thank you for your courtesy , M r. President , and I would seek the support of the Body .
PRESIDING OFFICER : (SENATOR WATSON ) The question is, shall House Bill 260 pass . Those in favor, vote Aye . Opposed r vote No . The voting is open . Have all voted who wish? Have all voted Who wish? Have a1l voted who Wish? Have all voted who wish? Take the record . On that question, there are 30 voting Yes , 26 voting No , no voting Present . House Bi11 260, having received the required constitutional majority, is declared passed . Senator Jacobs, for what purpose do you rise?
Verification of the Aye votes .
PRESIDING OFFICER: (SENATOR WATSON) Senator Jacobs has requested a verification. Will all Senators please be in your seats? Secretary will read the affirmative votes .
Following voted in the affirmative: Berman, Bomke, Butler, Carroll , Cronin, Cullerton , DeLeo , del Valle , Donahue, Dudycz, Farley , Garcia , Geo-Karis, Hendon, Jonesz Xarpiel, Klemm , Link, Madigan, Maitland, Molaro, Obama, Peterson, Radogno, Severns, Viverito, Tom Walsh, Watson, Weaver, and Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Senator Jacobs, do you question the presence of any Senator?
Senator Klemm .
PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm is in his chair . l86 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997
Okay . Senator Cronin.
PRESIDING OFFICER : (SENATOR WATSON) Senator Cronin is in the phone b00th .
Senator Molaro .
PRESIDING OFFICER : (SENATOR WATSON) Senator Molaro? Senator Molaro . Senator Molaro? Strike his nam e .
Thank you . That 's all .
PRESIDING OFFICER: (SENATOR WATSON) On a verified roll call, the Ayes are 29, the Nays are 26 and no voting Present. A nd the bill, having failed to receive the required constitutional majority, is declared lost. House Bill 353. Senator Rauschenberger. M r. Secretary z please read the bill .
House Bill 353. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. It may come as a surprise to everyone here , but this is a House bill that had a drafting error, and because we didn't catch it in time , we 've gutted the bill w ith an amendment and would like to move this to a conference . We 're dealing with a township that 's seeking to incorporate and needs a statutory exception . It was requested by a House Member, and I 1d appreciate the -- the support of the Body . l87 I STATE OF ILLINOIS . 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997
PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Any discussion? The question isz shall House Bill 353 pass. All those in favor, vote Ves. Opposed r vote No . The voting is open. Have all voted Who wish? Have a1l voted who wish? Have all voted who wish? Take the record . On that question, there are 58 voting Yes, no voting No , no voting Present. House Bill 353, having received the required constitutional majority, is declared passed. House Bill 475. Senator Rauschenberger . Please read the billz Mr. Secretary .
House Bill 475 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR WATSON) Senator Rauschenberger.
Thank you r M r. President, Ladies and Gentlemen of the Senate . On account of the third iteration of the saga of the Secretary of State 's vehicle list, this bill would seek to restore the requirement that Secretary of State sell lists of both driver's licenses and vehicle registration With a positive op t out and an enhanced fee schedule to help the Secretary of State to pay for this decision . The Senate President has been working closely in negotiations with the Secretary of State's Office, and the expectation is that there will be an agreement sometime early next week . This bill has been amended in this Chamber. We 'd like to sent it over to put it in a position for a conference comm ittee report. Due to the -- some of the court decisions that are going down , the Secretary of State 's Office will need a piece of leg islation . He 's agreed that we should move the b ill . I 'd appreciate favorable support.
PRESIDING OFFICER: (SENATOR WATSON) l88 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6z 1997 Is there any questions? Any discussion? Seeing none z the -- Senator Fawell.
Has -- will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WATSON ) Sponsor indicates hedll yiel4.
Has this bill now been amendgd so it's a vehicle so that there 's a conference?
PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberqer.
Nor Senator Fawell, the bill has not been amended. This is in the -- the form shows in your analysis . I Was reliably informed by my Leader that we were goin: to put it in position for a conference and work towa rds an agreement w ith ...
PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell .
I understand that it 's been put it 's to go into a conference committee and both parties will work it out.
PRESIDING OFFICER : (SENATOR WATSON) Senator Rauschenberger.
Yes, that 's the explicit instructions of my Leader .
PRESIDING OFFICER: (SENATOR WATSON) Any other further discussion? Any discussion? Seein: none , the question is, shall House Bill 475 pass . A11 those in favor, vote Aye . opposed, vote No . The voting is open . Have all voted who wish? Have all voked who wish? Have a1l voted who Wish? Take the record . On that question , there are 44 voting Yes , 14 voting No, no voting Present. House Bill 475, having received the l89 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 required constitutional majority, is declared passed. House Bill 768 . Senator Dudycz. Mr. Secretary , please read the bill .
House Bill 768. (Secretary reads kitle of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.
Thank you , Mr . President . House Bill 768 authorizes any -- it creates the Truss Construction Fire Safety Act authorizing any municipality by or county, by ordinance, to require that a truss construction emblem be affixed to a front of a1l or any class of structures, excluding residential structu res: within the municipality which have a truss construction . A municipality or county may require the owners of such structures to register and pay a fee which shall be used for identifyinq, maintaining records of and inspecting structures with truss construction . Amendment No . l did exclude residential structures from the bill . Amendment No . 2 removed language from the bill which said that fees may be used for costs associated with preparing to responding and -- to respond and responding to fires and other safety-related situations in those structures . W ith both amendments , the fees may only be paid -- used to pay costs associated with administration of the program and inspection of buildings . As the bill is currently, al1 opposition has been removed . I would seek your support of House Bill 768: as amended.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeihg noneg the question is, shall House Bill 768 pass . A 11 those in favor , vote Aye. Opposedr vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have al1 voted who w ish? Take l90 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May 16z 1997 the record. On that question, there are 56 voting Yes, 2 voting No , no voting Present . House Bill 768 , having received the required constitutional majority, is declared passed. House Bill 1171 . Senator Rauschenberger . 1171 . Mr . Secretary , please read the bill.
House Bill 1171 . (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER : (SENATOR WATSON) Senator Rauschenberger. SENATOR RAUSCHENBERGER ; Thank you, Mr . President, Ladies and Gentlemen of the Senate . This is a General Obligation Bond authorization that Welve stripped the effective date out on to send it back to the House so that we can continue the -- to play pinq-pong so we 're prepared for the eminent final arrangements.
PRESIDING OPFICER: (SENATOR WATSON ) Is there any discussion? Any diseussion? Seeing none , the question is, shall House Bill 1171 pass . A 1l those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted Who wish? Have a1l voted who wish? Have all voted who Wish? Take the record . On that question, there are 58 voting ïes , no votin: No, no voting Present. House Bill 1171, having received the required constitutional majority, is declared passed. House Bill 1347. Senator Donahue. Mr. Secretary, please read the bill.
House Bill 1347. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue . 19l STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16r 1997
Why, thank you very much, Mr. President, Ladies and Gentlemen of the Senate . House Bill 1347 creates the Public Safety Employees Benefit Act, and what this bill does is because of legislation that was passed at the federal level, many of our districts or our areas are receiving federal funds for more policemen. And in a caveat in that legislation, it says that those federal funds are contingent on passing a benefits Act. And what th is does is that it provides that for full-time 1aw enforcement officers and firefighters that are killed or disabled in the line of duty shall continue the health benefits for the officer or the firefighterz their spouses and their children. think this is a very important piece of legislation. I'm not one that normally passes onto a mandate at the local level, but I think this is worth it, and it 's something very necessary . And I would ask for your support .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 1347 pass. All those in favor will vote Aye . Opposed w ill vote Nay. And the voting is open. Have all voted who Wish? Have all voted who wish? Have al1 voted who Wish? Take the record. On that question , there are 53 Ayes, l Nay ? l voting Present. And House Bill 1347 , having received the required constitutional majority: is declared passed. House Bill 1457. Senator Geo-Karis. Mr. Secretary, read the bill.
House Bill 1457. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DDDYCZ) Senator Geo-Karis .
l92 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997 Mr. President and Ladies and Gentlemen of the Senate, this bill enacts the Act that Was stated and increases the compensation to be paid to -- that may be paid to local governments by the Department of Nuclear Safety for activities associated with repairing and implementing nuclear accident emergency plans . Increases the annual fees the Department collects from the owners of a nuclear power reactor. Was amended to the satisfaction of the Appropriations Chairman, and I would ask for a favorable vote.
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? Senator Shaw .
Thank you, Mr. President. But I just wanted the record to indicate that I pushed my switch by mistake and voted No on the previous bill when I meant to vote Yes. 1347 . And I would like the record to indicate that I wanted to vote Yes on that bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) The record shall so reflect your intent y Senator Shaw . Any further discussion? If not , the question is , shall House Bill 1457 pass . A1l those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have al1 voted Who Wish? Have all voted who wish? Have a1l voted Who Wish? Take the record . On that question, there are 56 Ayes r 1 Nay , none voting Present . And House Bill 1457, having received the required constitutional majority, is declared passed. House Bill 1526. Senator Watson. Mr. Secretary, read the bill.
House Bill 1526 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Watson .
l93 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6r 1997 Yes. Thank you, Mr. Presldent. This bill, House Bill 1526, mandates the State fully fund all special education reimbursements claim filed by the school districts and special education p roviders, and it ties the special ed personnel reinbursement to twenty-two percent of the current statew ide average teacher salary . There were two amendments put on the bill . The first one said that we will now allow school districts to request waivers from rules and regulations pertaining to special education . And it would also sunset all State Board of Education's rules and regulations governing special education on December 31st , 1999, and then it would require the State Board of Education to develop a new special ed rule -- new special education rules that are hopefully stream lined and do not impose any more mandates than are required by the federal government . There -- well, thank you . 1'11 be glad to answer any questions at this point.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Petka .
I would move the p revious question .
PRESIDING OFFICER : (SENATOR DUDYCZ) There's one additional speaker. Further discussion? Senator Berman.
Good try . Thank you , M r. Presidentz Ladies and Gentlemen of the Senate. I respectfully request your attention because there aren't many bills like this one that We have the opportunity to vote on, and the reason I say that is because in every Session there 's one or two bills only , out of the hundreds that We act on , that really can make a difference back home and can really make a difference on your political future and in your campaigns. would suggest to you that this is one of those bills . If I were the Chairman of the Appropriations Committee : I would criticize l94 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16r 1997 the bill because of the hundred-plus million dollars that the bill would cost to fund education . 3ut that 's not why I 1m opposing the b ill. In fact, I was in support of this bill . I was a cosponsor with Senator Watson when the p rovision to raise the funding for special ed was all that was in this bill. A fter Amendment No . was put on this bill, I have removed my name as a cosponsor on this bill, and let me give you the three reasons Why I have done that. Illinois, for the past two decades, has been one of the most responsive states regarding the needs of our disabled children through trying to respond to their needs and making special education a very : very important program in our schools . Because we have put such a hiqh priority on special education, in bill after bill dealing with waivers , We have always prohibited special education from being able to be waived . When we passed the waiver bill to prohibit -- to allow school districts to come in and waive provisions of the Statutes, one of the p rohibitions or one of the exemptions to that waiver bill was special education . You couldn 't come in and waive the 1aw regarding special ed . We could do everything else , but not special ed . In this bill , in this bill, there 's a specific change in the Illinois law that allows school districts to go back to the State Board of Education and waive special education rules and regulations . What that means is that every time there is a requirement back home in your school district to take care of a special ed kid that may be an exceptional expense, and that exceptional expense comes with the teaching of disabled children , you may find that your superintendent comes down to the State Board and seeks to waive that requirement to provide a quality education to that ch ild . This bill, fo r the first time in my tenure in this -- in this General Assembly , allows rules and regs for special ed to be waived . Number two : It calls on the Skate Board to adopt new rules and regs regarding special education, those rules and regs l95 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6g 1997 to be prepared and adopted by December 31st, 1999. In addition to that - and that doesn't bother me - but what it does do is that, as of December 31st, 1999, this bill repeals al1 our existing rules and regs for special education . Now y I would hope that the State Board would do their job and adopt new rules by December 31st , 1999, but if for some reason - and I can 't tell you what it would be - but if for any reason the State Board doesn't adopt new rules by December 31st, 1999 , this bill repeals a1l of our existing rules and regs. END OF TAPE TAPE 5
January lst the year 2000, you may have a situation where we have no rules and regs addressing the needs of our disabled children in special ed. How outrageous! Number three: I've heard the sponsor of this bill repeatedly talk about local control when there is debate regarding waivers. The sponsor of this bill , many times, is up to defend the request for a waiver on the basis that back home they lre closer to the situation , they know what ought to be waived and what ought not to . Now 1et me tell you what 's in this billr this bill says that t' he new rules and regs that the State Board must adopt cannot go beyond the requirements of the federal laws and federal rules and regulations. Now, Ladies and Gentlemen, I 've got to tell you , and I have great respect fo r our two U.S. Senators and for my Congressman, but Ilve got to tell you, with a1l lack of respect for Congress, those guys in Washington do not know what our disabled children in Illinois need l96 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6, 1997 better than you and I in the Illinois General Assembly . don 't think that we should lower our standards to say that we - Illinois Legislature, Illinois State Board of Education - that we should have rules and regs regarding our disabled children that are no higher, no more demandinq , no more responsive to the needs of our kids than what Conqress has passed . Now I 've got to tell youz they lre not going to be as responsive as we are to our disabled children . And yet , this bill says we cannot be more responsive than Congress has decided for a national standard . We 'll I've got to tell you r for the past twenty years , Illinois has had better than a national standard . And I expect no less . ïour parents expect no less . Your disabled children expect no less. And your Aye vote on this bill would say that they dre not going to get anything better than What Congress gives them . Shame on us . I urge a No vote on behalf of the disabled children of Illinois .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson, to close .
Thank you, Mr . President. And I do find it unfortunate that the previous question had been raised and that only one speaker was allowed to talk. I know there Was a lot of people interested in this legislation, and it 's unfortunate because we had people that were -- obviouslyy feel stronqly on both sides of this , as as our previous speaker did and certainly I and others do . One thing, though, that -- that think we all understand, and I think we all make this speech back home , is that we ought to live up to the requirements that we dictate to local school districts. And those -- some of those requirements obviously should be funding . think we lve a1l p robably made that speech . I certainly have . think we should fully fund mandates, and that 's what this does . So those of you who Who support the ph ilosophy of if we lre going to dictate policy from Springfield and we ought to fund itr 197 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 ' . this is the bill you should be on . Now we had a Republican task force that dealt with school reforms, and we asked superintendents, and principals, and school board members, and teachers, and a multitude of people to come in and address issues that they thought and that we wanted to includey ultimately, in the school funding package . That Was the reason for the task force. And the one of the largest complaints that we had was the costs of special education and the rapidly growing costs of special education. And you dve probably gotten a lot of phone calls, and I'd -- I think it's unfortunate that some people react as they do to legislation that we attempt to put forward here r and misrepresent what our intent is here, by sending their letters to the constituents of those groups, to them , and then tell them to call your Representative , call your Senator, and tell them that they are going to eliminate special education in House B ill 1526 and , therefore, vote No . That 's -- there 's nothing further from the truth . We are not elim inatinq special education , not at all. There is a federal 1aw that requires each state in this country to comply with certain lanquage in -- in a federal Act, and wedre not touchinq that . But the State of Illinois has gone a little b it further, and maybe a lot further in many cases, in regard to special education , and that 's what we hear is causing the financial burden on our local school districts . So al1 we say is , and I -- through the three points that Senator Berman mentioned , all we 're saying is that, okay, local control, state -- if your local board decides that they want to apply for a waiver here in Springfield and apply for some relief in regard to only the rules and regulations that are promulgated by the State Board of Education that has nothing to do with the federal Act, then you can apply for that wa iver. comes to here -- to State Board of Education. Do they have to gbant that waiver? Do they have to grant it? No, they do not. That's the safeguard, and they have l98 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6 , 1997 proven that, kn many casesr tbey do not grant that waiver. The curtain coming down on the rules and regulations in regard to special education on December 31st, 1999, gives us ample time to address the concerns of -- of those people who want to see maybe more rules and regulations and certainly those who want to see maybe some of those rules and regulations relaxed. That 's the whole idea , is bring some people together and try to work out someth ing that will be reasonable and meaningful and maybe would allow for some cost relief to our local districts. That 's basically a11 we 're trying to do, and the State Board of Education is mandated to do that in this legislation. So to say that after December 31st, 1999, that a11 rules and regulations will no longer be present, think, is a folly , if you ... The State Board of Education will live up to the requirements of this legislation. The local control aspect that was mentioned , I 1d -- the federal law is there - the federal mandates . And I understand that the federal law now has been debated some three years out in Washington . And now , in -- July 1, 1998 , there Will be a new federal law . It 's very timely that we would say December 31st , 1999, after knowinq what the federal Act p rovidesz that We maybe ought to review the State rules and regulations. That just makes sense. That just makes good sense. The average cost, riqht now, from what I understand , of a special education student in our school districts is somewhere between seventeen and twenty thousand dollars a student. We want to see some flexibility allowed to those local districts that still have to require and -- and provide special education for those students who need ite but give .them some flexibility so maybe we can reduce those costs and still provide for the quality education and services that are needed . I'm -- I'm here to say, I'm willing to give the money - and it's a hundred and twelve million dollars, I believee is what it is - that's required to fully fund special education in this 199 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997 particular piece of legislation. I think that's important . But also think it 's important , at this point in time , we take a look at the possibility , the potential of help ing districts reduce their local costs , and that 's all this does. Mr. President , I would appreciate an Aye vote .
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 1526 pass . All those in favor will vote Aye . Opposed will vote Nay . And the voting is open. Have all voted who wish? Have a1l voted who Wish? Have a1l voted who wish? Take the record . On that question, there are 18 Ayes, 37 Nays and 3 votinq Present . And House Bill 1526 , having failed to receive the required constitutional majority, is declared failed . Senator Watson , what purpose do you rise?
Yes . Thank you . I'd like to put that on Postponed Consideration .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Senator Watson , you did not receive enough affirmative votes to be -- put on Postponed Consideration . Senator Hendon, what purpose do you rise? Senator Trotterz what purpose do you rise?
Thank you very much , Mr. President and Members of the Senate . I would like for al1 of you to join with me in welcoming the fourth : fifth and sixth grade class from the McDade School from the southeast side of Chicago . They lve come down here ...
PRESIDING OFFICER : (SENATOR DUDYCZ) Will our guests in the gallery please rise and we recognized . Welcome to Springfield. Senator Carroll, what purpose do you rise?
Thank you , Mr. President. Point of personal privilege , 1 ... 200 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May l6 , 1997
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point .
I had inadvertently been away from my desk when House Bill 1347 had been voted on , had I been at my sw itch , would have voted Aye .
PRESIDING OFFICER: (SENATOR DUDYCZ) Record will so reflect your intent, Senator Carroll. Senator Welch , what purpose do you rise?
Point of p rivilege . M r...
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point .
M r. President, on House Bill 1457, I was recorded as voting No , Senator Burzynski was talking to me and I inadvertently hit my No buttonz I meant to vote Yes .
PRESIDING OFFICER: (SENATOR DUDYCZ) The record will reflect your intent , Senator Welch . Senator Petka , what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point , sir.
On House Bill 1373: I was recorded as voting No , I was off Ehe Floor at the time. If I had properly given instruction it should have been voted Aye .
PRESIDING OFFICER: (SENATOR DUDYCZ) Record will reflect your intent, Senator Petka . On the Order of House Bills 3rd Reading is House Bill 1817 . Senator WaEson . House Bill 1887 . Senator Earpiel . Mr . Secretary , read the bill . 20l STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Leg islative Day May l6, 1997
House Bill 1887 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Karpiel .
Thank you , Mr . President . The amendment -- Amendment No . 1 to House Bill 1887 becomes the bill. And it creates standards for facilities to accept exclusively general construction or demolition debris for a transfer storage or treatment . These facilities shall be subject to local zoning ordinance, zoning, o rdinance and land use requirements and they should -- shall be located in accordance w ith these requirements . It establishes operatinq standards for such facilities and the bill only applies now to Cook and Dupage Counties .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is , shall House Bill 1887 pass . All those in favo r will vote Aye . Opposed w ill vote Nay . And the voting is open . Have all voted Who wish? Have a1l voted who wish? Have all voted who wish? Take the record . On that question, there are 55 Ayes, no Nays , none voting Present . And House Bill 1887 , having received the required constitutional majority, is declared passed. House Bill 2171. Senator Maitland. Mr . Secretary , read the bill .
House Bill 2171. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Maitland .
202 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 Thank you very much, M r. President. House B ill 2171, as amended , does a number of things and let me indicate what they are . First of all, it creates three rebuttable presumptions; Number one , a chronic truant is a minor in need of supervision; number two , school records of minors attendance at school are authentic ; number three , the definition of chronic truant is consistent with the School Code definition. The amended b ill provides that the dispositional orders may include a fine , public service, the suspension of a minor 's driver's license only if the court is made an express written finding that a truancy prevention program has been offered by the school , regional superintendent of schools or a cbmmunity social service agency. Only if the minor rejects, fails at some prevention program can such sanctions be imposed . Mr. President, there were a number of concerns with the child care agencies when we debated this bill in comm ittee . This amendment -- this amended bill addresses the concerns that they had . It was agreed to in comm ittee . I would seek support of the Body .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 2171 pass. Al1 those ip favor will vote Aye. Opposed will vote Nay . And the voting is open . Have all voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record . On that question , there are 57 Ayes r no Nays, none voting Present . And House Bill 2171 , having received the required constitutional majority, is declared passed. Resolutions Consent Calendar. We w ill now proceed to the Order of Resolutions Consent Calenda r. W ith leave of the Body all those read in today w ill be added to the Consent Calendar. Mr.. Secretary , have there been any objections filed to any resolution on the Consent Calendar?
No objections filed, Mr. President. 203 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 50th Legislative Day May 16, 1997
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not , the question is# shall the resolutions on the Consent Calendar be adopted? A11 khose in favor, say Aye . Opposed , Nay . The motion carries and the resolutions are adopted . Messages from the House .
Message from the House by Mr . Rossi , Clerk . Mr. President - I am directed to inform the Senate that the House of Rep resentatives has concurred w ith the Senate in the passage of a bill of the followfng title, to wit: Senate Bill 3, together with the following amendment , which is attached , to the adoption of which I am instructed to ask the concurrence of the Senate, to wit : House Amendment No . 1 . Passed the House , as amended , May l6, 1997 . We have like Messages on the following b ills with the following House amendments : Senate Bill 106 , W ith House Amendments 1 , 2, 3, 4 and 77 124, w ith Amendment 17 307, W ith Amendments l and 3: 317, with Amendment 1 : 320 , with Amendments 2, 3, 4, 5, and 67 345, with Amendments 2 and 3: 381, with Amendments 2 and 4: 473, with Amendment 4) 547, with Amendment 1: 603, w ith Amendment 27 665, With Amendments l and 27 703, with Amendment 17 778, with Amendment 1: 795, with Amendment 17 855, with Amendment 17 909 , with Amendment 1 ; 1020, w ith Amendments l and 27 Senate Bill 1076, With House Amendments l and 2. A11 passed the House r as amended , May 16thy 1997 .
PRESIDING OFFICER : (SENATOR DUDYCZ) Messages .
Message from the President, May 16th , 1997 . Dear Mr . Secretary , pursuant to the provisions of Senate Rule 2-l0(e), I hereby extend the deadline for final action on the 204 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 50th Legislative Day May l6, 1997 follow ing cateqories of bills, with specific bills enumerated under these categories, to May 3lg 1997: Human Services , specificallyr House Bills 204, 1633 and 17077 Energy issues, specifically r House Bill 362; Educationz specifically , House Bill 449 2 Elections , specifically, House Bill 729 7 and Pensions, specifically , House Bill 110 . Signed by President Philip .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further business to come before the Senate? If not, Senator Myers moves the Senate stands adjourned until 3 p .m ., Monday, May 19th . Be careful driving home , folks . 205 <' HEPORT : TIFLDAY STATE OF ILLINOIS 98/07/01 PAGE: 001 90TH GENERAL ASSEHBLY 09:39:13 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MàY 16, 199T HB-0023 RECALLED PAGE HB-0023 THIRD READING PAGE HB-0066 RECALLED PAGE HB-0066 THIRD READING HB-0070 RECALLED HB-0070 THIRD READING HB-0110 OTHER HB-0131 THIRD READING HB-0172 THIRD READING HB-0190 THIRD READING HB-0204 OTHER H8-0223 THIRD READING H8-0228 THIRD READING HB-0260 RECALLED HB-0260 THIRD READING HB-0260 THIRD READING H8-0282 THIRD READING HB-0297 RECALLED HB-O297 THIRD READING HB-0310 THIRD READING HB-0313 RECALLED HB-0313 THIRD READING HB-0313 OTHER H8-0353 THIRD READING H8-0362 OTHER HB-03T9 RECALLED HB-0379 THIRD READING HB-0R47 THIRD REâDING HB-0R49 OTHER HB-ORTO THIRD READING HB-0475 THIRD READING H8-0526 THIRD READING H8-0528 THIRD READING HB-057R THIRD READING H8-0586 THIRD READING PAGE H8-0593 THIRD READING PAGE HB-0613 RECALLED PAGE HB-0613 THIRD READING PAGE HB-0613 OTHER PAGE H8-0652 THIRD READING PAGE H8-0652 OTHER PAGE HB-067V THIRD READING PAGE H8-0679 THIRD HEADING PAGE HB-0T29 OTHER PAGE HB-07M0 THIRD READING PAGE H8-0768 THIRD READING PAGE HB-0847 THIRD READING PAGE H8-0898 THIRD READING PAGE HB-0918 THIRD READING PAGE H8-0922 RECALLED PAGE H8-0922 THIRD READING PAGE HB-09k0 THIRD READINC PAGE HB-0995 THIRD READIKG PAGE H8-0998 THIRD READING PACE HB-1029 RECALLED PAGE HB-1029 THIRD READING PAGE HB-1051 THIRD READING PAGE HB-1101 RECALLED PAGE HB-1101 THIRD READING PAGE HB-1118 THIRD READING PàGE HB-1121 THIRD READING PAGE HB-11R0 RECàLLED PAGE HB-11R0 RECALLED PAGE HB-1140 THIRD READING PAGE REPORT; TIFLDZY STATE OF ILLINOIS 98/07/01 PAGE: 002 90TH GENERAL ASSEHBLY 09:39:13 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX M:Y 16, 1997 HB-11V1 RECALLED HB-11:1 THIRD READING HB-11V2 THIRD READING HB-1147 THIRD READING HB-1171 THIRD READING HB-117R THIRD READING HB-1210 THIRD READING HB-1215 THIRD READING HB-1230 THIRD READING H8-1252 THIRD READING HB-125R RECALLED HB-125V RECALLED HB-125V THIRD READING HB-1337 RECALLED HB-1337 THIRD READING HB-13R5 THIRD READING HB-13%7 THIRD READING HB-1347 OTHER HB-13M7 OTHER HB-13T3 RECALLED HB-13T3 THIRD READING H8-1373 OTHER HB-1400 THIRD READING HB-1:5T THIRD READING HB-1)57 OTHER HB-1k85 RECALLED HB-1)85 THIRD READING HB-1493 THIRD READIKG HB-1513 THIRD READING H8-1526 THIRD READING HB-1550 THIRD REâDING H8-1589 RECALLED H8-1589 THIRD READING H8-1633 OTHER HB-16R1 THIRD READING H8-1699 THIRD READING HB-1705 THIRD REZDING HB-1707 OTHER HB-1T35 THIRD READING HB-1T57 RECALLED HB-1757 THIRD READING HB-1881 THIRD READING HB-1887 THIRD READING H8-2059 THIRD READING H8-2132 THIRD READING H8-2152 RECALLED H8-2152 THIRD READING HB-2161 THIRD REâDING HB-2164 THIRD READING HB-2171 THIRD READING HB-2211 RECALLED HB-2211 THIRD READING H8-2215 THIRD REâDING 58-0469 NON-COHCDRRENCE 58-0680 NON-CONCPRRENCE 58-0806 NON-CONCURRENCE SB-1129 NON-CONCURRENCE SB-1131 NON-CONCURRENCE SB-1132 NON-CONCURREHCE HEPORT: TIFLDAY STATE OF ILLINOIS 98/07/01 PAGE: 003 90TH GENERAL ASSEMBLY 09:39:13 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MàY 16, 1997 SDBJECT HATTER SENATE T0 ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-THE REVEREND VILLIAM SCHROEDER PAGE 1 PLEDGE OF ALLEGIANCE-LED BY SENATOR SIEBEN PAGE 1 JOURNALS-POSTPONED PAGE 1 COMMITTEE REPORTS PAGE 1 MESSAGES FROH THE HOUSE PAGE 2 COMMITTEE REPORTS PAGE 24 RESOLUTIONS CONSENT CALENDAR-ADOPTED PâGE 203 MESSAGES FROM THE HOUSE PAGE 204 MESSâGE FROM THE PRESIDENT PAGE 20R ADJOURNMENT PAGE 205