Illinois Senate Floor Debate — May 21, 1997

PRESIDING OFFICER : (SENATOR GEO-KARIS) . . . ask that all the Members of the Senate come to the Assembly and take your seats. The regular Session of the 90th General Assembly will come to order. Wlll the Members please be at their desks, and will our guests in the gallery please rise? Our p rayer today will be given by Pastor Gerald Nichols, First United Methodist Church, Springfield, Illinois. Pastor Nichols.

(Prayer by Pastor Gerald Nichols)

PRESIDING OFFICER: (SENATOR GEO-KARIS) At this time, we w ill have the Pledge of Allegiance r led by Senato r Todd Sieben .

(Pledge of Allegiance, led by Senator Sieben)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Reading of the Journal. Mr. Secretary .

Senate Journal of Tuesday, May 13th , 1997.

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Butler.

Madan President, I move that the -- Journal just read by the Secretary be approved, unless some Senator has additions or corrections to offer.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler moves to approve the Journal just read. There being no objection, is so ordered. Senator Butler.

Madam President , I move that reading and approval of the Journals of Wednesday , May 14th ; Thursday , May 15th ; Friday , May 16th 7 Monday , May 19th 7 and Tuesday, May 20th, in the year 1997, be postponed z pending arrival of the printed Journals.  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler moves to postpone the reading and approval of the Journal, pendinq arrival of the printed transcripts . There being no objections, so ordered. Committee Reports.

Senator O 'Malley : Cha ir of the Committee on Financial Institutions, reports Senate Bill 1076 , the Motion to Concur with House Amendments 1 and 2 , Be Adopted . Senator Fitzgerald , Chair of the Committee on State Government Operations, reports the following bills : Senate Bill 500 , Motion to Concur with House Amendment 17 Senate Bill 561 , the Motion to Concur with House Amendment 1 7 Senate Bill 689, Motion to Concur w ith House Amendments l and 2 7 Senate Bill 777 , the Motion to Concur with House Amendments l and 2; Senate Bill 852, the Motion to Concur w ith House Amendments 2 and 37 and Senate Bill 855, the Motion to Concur with House Amendment lr a11 Be Adopted. Senator Burzynskl: Chair of the Comm ittee on Licensed Activities , reports Senate Bill 315, the Motion to Concur With House Amendnent 17 and Senate Bill 316, the Motion to Concur With House Amendments 2 and 3, b0th Be Adopted . Senator Klemm , Chair of the Committee on Executive , reports Senate Resolutions 6l: 68 , 73 and 76z a11 Be Adopted ; Senate Joint Resolution 34 Be Adopted; Senate Joint Resolutions 31 and 35 Be Adopted , as Amended ; House Jolnt Resolution 18 Be Adopted ; and Senate Bill 910, the Motion to Concur with House Amendments l and Be Adopted . Senator Hawkinson, Chair of the Committee on Judiciary r reports the follow ing bills: Senate Bill No . 6, the Motion to Concur with House Amendments l and 27 Senate Bill 7l, the Motion to Concur with House Amendments 1 and 27 Senate Bill 366 , the Motion to Concur with House Amendment Senate Bill 368 , Motion to Concur with House Amendment 17 Senate Bill 381: the Motion to 2  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21, 1997 Concur with House Amendments l and Senate Bill 408, Motion to Concur w ith House Amendment 1 7 Senate Bill 710 , Motion to Concur with House Amendments l and 2: Senate Bill 780, Motion to Concur with House Amendment and Senate Bill 942, Motion to Concur with House Amendment 1 , a11 Be Approved for Consideration .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Will the Members please come to the Ploor, because we are qoing to start business immediately , and we will start on page 8 of today 's Calendar, in the Order of Secreta ry 's Desk Concurrence , Senate Bills . The intent of the Chair is to proceed to this Order of Business for the purpose of considering Motions to Nonconcur . And after this Order , we lll go back to Motions to Concur . Senate Bill -- on page I direct your attention to page 9, Ladies and Gentlemen of the Senate , and we will start with Senate Bill 218 . Senator de1 Valle. Madan Secretary , read the bill -- read the motion . 218.

I move to nonconcur with the House in the adoption of their Amendment No . 1 to Senate Bill 218. Offered by Senator de1 Valle .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Any discussion? Senator del Valle -- del Valle moves to nonconcur in House Amendment l to Senate Bill 218 . Those in favorz say Aye . Those opposed Will say Nay . The Ayes have itp and the motion carries , and the Secretary shall so inform the House . Senate Bill 303 . Senator Fitzgerald? Out of the record . Senate Bill 348 . Senato r Mahar . Madam Secretary , read the motion .

I move to nonconcur with the House in the adoption of their Amendment No . 3 to Senate Bill 348. Offered by Senator Mahar.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21 r 1997 Senator Mahar. Any discussion? Any discussion? Hearing none , Senator Mahar moves to nonconcur to Senate Bill -- House -- 348 with House Amendment 3. A1l those in favor w ill -- will say Aye . All opposed Will say Nay . The Ayes have it . The motion carries . The Secretary shall so inform the House . On page 1l , Senate Bill 521. Senator Jones. Senator Jones. Out of the record . On page 12z Senate Bill 681 . Senator Thonas Walsh? Senate Bill 681? Read the motion , Madam Secretary .

I nove to nonconcur with the House in the adoption of their Amendment No . l to Senate Bill 681. Offered by Senator Walsh .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Hearing none , Senator -- Senator Walsh moves to nonconcur in Senate Amendnent l -- House Amendment l to Senate Bill 681 . All those in favor will say Aye . A1l opposed will say Nay . The -- in the opinion of the Chair, the Ayes have it, and the motion carries, and the Secretary shall so inform the House. Page 14 . Senate Bill 1099 . Senator Parker, to nonconcur? Out of the record . We '1l now go back to page 8, on Secretary 's Desk, Concurrence of Senate Bills, and for the purpose of taking up the Motions to Concur. Senate Bill 6. Senator Radogno? Sorry . Out of the record at this time . Senate Bill Senator Peterson? Read the motion , Madam Secretary .

I move to concur W ith the House in the adoption of their Amendment No . l to Senate Bill 2l. Offered by Senator Peterson.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Peterson.

Thank you -- thank you, Madam President . Senate Bill 2l, as 4  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 53rd Legislative Day May 2l, 1997 it was voted on and left the Senâte, did two thinqs. It raised township pa rk district acreage from ten to twenty-five acres and also had a special assessment district for the purposes of sidewalks , streets and lights . In the House, the amendnent has to do with adding, for special assessment purposes, flood control. I ask for your support of Senate Bill 2l .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? This is final action . The question is y shall the Senate concur in House Amendment l of Senate Bill 21 . Those in favor, vote Aye . Those opposed will vote Nay. The votinq is open. Have all voted who wished? Have al1 voted who wished? Have all voted who w ish? Take the record , Madam Secretary . On that question , there are 46 votin: Aye, 7 voting Nay, none voting Present. And this bill, having received the -- the required constitutional amendment (sic), is hereby declared passed. Senate Bill 76. Senator Lauzen . Senator Lauzen? Senate Bill 76, for concurrence . Out of the record . Senate Bill 103. Senator Butler? Out of the reco rd . Senate Bill 106. Senator Butler. Read the motion, Madan Secretary . 106. Concurrence .

I move to concur with ehe House ln the adopeion of their Amendments l and 3 to Senate Bill 106 . O ffered by Senator Butler.

PRESIDING OFFTCER: (SENATOR GEO-KARIS) Senator Butler.

Thank you . Ladies and Gentlemen , Senate Amendment l and 2 -- or, 1 and 3 - I 'm sorry - concerns -- let me :et this straiqht. Oh , yes . This is -- this is an amendment which authorizes the county supervisor to notify the county board of contracts between municipalities and commercial and industrial facilities outside 5  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2lr 1997 the municipal boundaries . It also provides, within the Township Code , that when any part of a city is disconnected , the territory shall be automatically disconnected from -- from the otherwise coterminous township and connected to the adjacent township. Then it sets forth some of the requirements for it. House Amendment No . 3 states that the building codes prevailing a municipality shall -- shall not carry weight above the -- the county building codes . And I would ask your favorable vote .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Cullerton .

Yes, would the sponsor yield?

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will.

Senator, I'n just looking at our analysis, and it appears to be totally different amendments than what you were talking about . So I was just curious had the right bill here or... We show these amendments dealing with Cook County and Robbins bein: able into -- to enter into a cooperative agreement to demolish some unsafe buildings, and -- and another amendment that would allow for Grundy County to be included in the bill. Is Ehat a different bill or is that the underlying bill

PRESIDING OFFICER: (SENATOR GEO-KARIS) We 're referring to Amendments l and 3. Senator Butler .

We are nonconcurring in that -- in those motions . We 're nonconcurring in 2, 4 and 7.

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Cullerton .

I see. So the ones that I was just referring to are the ones 6  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21, 1997 that you dre nonconcurrinq in, and you -- and you are concurring in l and 3, and l and 3 are the ones that you just described.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler.

And then do you expect that the House w ill recede from ...

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Butler .

I have no word . I don ft...

PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? The Senator Butler moves to concur in House Amendments l and 3 to Senate Bill 106. Those in favorr vote Aye. Those oppùsed Will vote Nay. The voting is open. Have all voted who w ished? Have all voted who Wished? Have all voted who wish? Take the record . On that question , there are 57 voting Aye , none voting No , none voting Present. And this -- these two amendments, having received the required constitutional majority, are hereby declared passed . Senator Butler. Senato r Butler.

We -- this is a Motion to Nonconcur With Senate Amendment -- or, House Amendments - excuse me 2, 4 and 7 to Senate Bill 106 .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, all those in favor, signify by saying Aye. Al1 opposed, No. In the opinion of the Chair, the Ayes have it, and the Motion to Nonconcur on Amendments 1 -- 2, 4 and 7 on Senate Bill l06 is passed . And the motion carries, and the Secretary shall so inform Ehe House. Senate Bill 307 . Senator Viverito . Senator Viverito , on Senate Bill 307. On page 9. Read the motion, Madam Secretary .

I move to concur with the House in the adop tion of their  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 Amendments l and 3 to Senate Bill 307 . Offered by Senator Viverito .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Viverito.

Thank you , Madam President and fellow Members. We have two amendments, and we lve worked them out w ith the Medical Society on House Am endment No . 1 . This brings the Medical Society on board for this bill . The amendment is supported by the Township Officials of Illinois , the Illinois Rural Health Agency Care Network. And the other Amendment , No . 3, permits the -- it 's the township will continue annual budget ordinances and to expend funds during the first quarter of the fiscal year. According to Township Officials, this power is current p ractice , and it 's only a classification . This amendment makes it explicitly clear the changes supported by the Township Officials of Illinois. I think these are two good amendments, and I ask for your favorable consideration. think this will be something that will benefit the rural areas , and I hope that all of you will support it and vote for Thank you .

PRESIDING OFPICER: (SENATOR GEO-KARIS) Any further discussion? Senator Syverson .

Thank you. Question of the sponsor.

PRESIDING OFFICER : (SENATOR GEO-KARIS) He indicates he will yield .

Senator, has -- has this been negotiated language put on that addresses the concerns from the hospital associations and the HMOs?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator V iverito . 8  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21, 1997

Yeah . I have told the HM0 association that I will work to include them in the fall or in the spring . The Medical Society has agreed to their inclusions, and Want to move this bill along . And I 'm afraid if I don 't do the bill now , might get lost in the process, because a 1ot of the rural health areas are dying to have a prinary health care that 's needed so desperately . And I would hope that you would understand what we are trying to do riqht now .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Syverson .

But, Senator, going to -- it wouldn 't be lost . Waitin: till fall , this issue may not be addressed . If we send it to conference now , we can get the languaqe that, as you have stated , has been agreed to by the Medical Society , which will give townships the ability to contract With hosp itals, with HMos , Which are qoing to give a broader range of services, which will make better for the townships . And I think this would be something that we should pull back . Let 's put the anendment on , instead of having to wait till fall. Let's get it straightened out once and for all nowr especially since everyone's in agreement. Let's just do it now and -- and get it out this year and dealt With .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Viverito .

Senator, in all due respect, the basic problem here is that there is no particular hospital in those particular areas at this time . There are no HMOs in the area at this time . And , obviously , as I 've said before, we w ill b ring this back in the fall, and whatever their anxieties may be by then , we fll be able to work with them . I pledge to do that. But this particular 9  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 time , I think that there are a lot of particular monies that will be available for the possibility of grants that may be ava ilable to them , and the townships w ill be able to decide as to what the p rimary health care is needed in those areas. And when you look at the cost-efficiency of the township running it compared to , perhaps, the special interests that is out there to make money, think it's far -- more benefit for the township officials in those particular counties o r townships . There 's only fifteen of them that it would apply to . So I ask for your consideration : again , to let this go forward and to :et this voted upon now , because we dve been waiting a long time to enact this law.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Syverson .

I can agree w ith that. You certainly have that prerogative to do that. My concern is to make sure that we get add ressed . Even though there may not be an HMO in those areas , they could certainly move into those areas, and as we know, managed care is much more cost-effective and could save those townships , th ink, dollars, plus qive a wider range of choices for those individuals. But with your commitment that you will support language that will address those concerns , then 1 911 be -- no problem with moving forward with this legislation .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Viverito, to close.

I -- I pledge to you , I Will Work in the fall, but I ask you now to allow this bill to go forward and to get this where the people will be able to provide this primary health care. We have a primary health care in my area that 's fifty years old that is probably as cost-efficlent as God could ever make anyth ing . Thank you . 10  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21, 1997

PRESIDING OFFICER: (SENATOR GEO-KARIS) This is final action . The question is r shall the Senate concur in House Amendments l and 3 to Senate Bill 307 . Those in favor w ill 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 r Madam Secretary . On that question , there are 57 voting Aye, none voting No , none voting P resent . And this -- this -- this motion z having received the the concurrence of the Senate and having received the required constitutional majority, is hereby declared passed. Senate B ill 347 , on page l0. Senato r Mahar? Read the bill, Madam Secretary .

I move to concur With the House in the adoption of their Amendment No . 1 to Senate 3ill 347 . Offered by Senator Mahar.

PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Mahar.

Thank you , Madan President . The House Amendment No . l becomes the bill . It amends the Illinois Chem ical Safety Act . It modifies the definition of Hchemical substance 'l to conform with the threshold levels of chem ical substances regulated under the Illinois Chemical Safety Act and puts it in compliance with federal standards. I know of no opposition . I would move its adoption .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none - this is final action - the question is, shall the Senate concur in House Amendment 3 (sic) (l) to Senate Bill 348. Those in favor, vote Aye . I 'm sorry . 347 . Senate Bill 347 . Those in favor, vote Aye . Those opposed will vote Nay . The voting 's 11  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l , 1997 open . Have all voted who w ished? Have al1 voted who wished? Have all voted who wished? Take the record , Madam Secretary . On that question , the Ayes are 59 , the Nays are none , the P resent are none. And the Senate does concur in House Amendment 1 to Senate Bill 347 , and the bill, havinq received the required constitutional majority, is hereby declared passed. Senate Bill 369 . Senator Dudycz . Senator Dudycz, on Senate Bill 369. Out of the record . Senate Bill 418. Senator Cullerton. Read the bill, Madam Secretary .

move to concur with the House in the adop tion of their Amendment No . l to Senate Bill 418 . Offered by Senator Cullerton .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator -- wait just a minute, Senator. Could we have it a little bit more orderly in this distinguished Senate? Senator Cullerton .

Thank you , Madam President , Members of the Senate . I hope you didn 't do that for me, because this isn 't really that big of a bill. It it amends the Mental Health Code, and as it passed the Senate 57 to nothing , it perm itted the Department of Human Services, as the successor to the Department of Mental Healthy to install closed-circult television in quiet rooms in the institutions supervised or operated by the Department in order to monitor patients in those quiet rooms . A quiet room , by the way r is a room used by the Department as a temporary area for patients who are causing problems for other patients or Who are acting out. In other words, the patient is renoved from the general population for awhile . And the -- the anendnent that -- added at the House just simply says that this bill is not meant to interfere with any current provision in the Mental Health Code concerning the 12  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 observation and monitoring of' patients. So , it 's a -- really a technical amendment, and I move that we concur so we can pass this bill to the on to the Governo r.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hea ring none - this is final action - the question is , shall Senate Bill 4l8 with House Amendment l pass. Those in favor will vote Aye . Those opposed will vote Nay . The voting is open . Have all voted Who wished? Have a1l voted who wished? Have all voted Who wished? Take the record . On that questionz there are 58 voting Aye z none voting Nay , none voting Present. And this bill this motion the Senate does concur in House Amendment l to Senate Bill 418, and the bill, having received the required constitutional majority, is hereby declared passed. Chair is now goinq to yield to Senator Watson , fo r the purpose of introductions .

Sorry to break into the -- the order of business , but I 've got a special group here I wanted to introduce, and I app reciate the Body taking the time to to allow this to take place. We rehearsed this this morning so they know exactly where they lre to go , so we can get in and get out pretty quick and -- and not interrupt the proceeding at -- at a great length of time . This is Carlyle Junior High School, the -- the eighth grade , obviously in my district, and -- that we had a group here, if you recall , last week, from the eiqhth grade, Who Were with us. And I got up on the Floor and I mentioned that Carlyle is the -- the City of Champions, and that's exactly right. This -- this eighth-grade group of boys won the high school or r pardon me , won the eighth-srade basketball tournament this year in Illinois z and so we wanted to recognize them here today and give them an oppo rtunity to be welcomed by the Senate . I have John Reed , who is the head coach, and Jim Mcclaren , who is the -- the p rincipal . 13  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 And if they would , I 'd like for them to come forward . We have Certificates of Recognition to p resent to the -- to M r. Reed and he will make a few comments about the team and the cheerleaders , who we have here . Obviously cheerleaders are an inportant part of the function of any success of athletics, and we appreciate their work also : and -- and We noW have M r. Reed : John Reed .

(Remarks by Coach John Reed)

Well, would we give 'em a welcome? All right . Well, those of yOu that follow basketball, both girls ' and boys ', know the success that certainly Carlyle High School has had , so it looks like their fortunes are going to continue. So look out for Carlyle in the future . We -- again , glad to have you here today and certainly appreciate you taking the time to come up and join us. Thank you very much . And I Will give you -- these are the Certificates that recognize this day as Carlyle Junior H igh School Day, and we appreciate, again, once aqain, everyone taking the time to visit with us . Thank you. My pleasure , John .

PRESIDING OFFICER: (SENATOR GEO-KARIS) We 'll be resuming the business of the Senate. On Secretary's Desk, Concurrence , Senate Bill 437. Senator Butler? Read the motion, Madam Secretary .

T move to concur with the House in the adoption of their Amendmenk No . l to Senate Bill 437. Offered by Senator Butler.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler .

Thank you , Madam President . Ladies and -- Ladies and Gentlenen of the Senate, the underlying bill, Senate Bill 437, 14  STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21 r 1997 authorizes municipalities to impose higher education requirements on police applicants. The Amendment No . which I agree with z deletes the requirement that the university or college be located in Illinois . This means that , with this amendment, the degree can be from any accredited college or university in the country . And I would urge approval .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? This is final action. On the question, does the Senate concur in House Amendment 1 to Senate Bill 437: all those in favor, vote Aye . All opposed will vote Nay . The voting is open . Have a11 voted who wished? Have al1 voted Who Wished? Have a11 voted who wished? Take the record . On that questionr there are 59 voting Aye, none voting No z none voting Present . And the Senate does concur in House Amendment l to Senate Bill 437 , and the bill z having received the required constitutional majority, is hereby declared passed . Senate Bill 509 . Senator Shadid . Senator Shadid . Senate Bill 509 . Read the bill, Madam Secretary .

I move to concur with the House in the adoption of their Amendments l and 2 to Senate Bill 509. Offered by Senator Shadid .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Shadid . SENATOR SHADID ; Thank you , Madam President and fellow Members . There ls two amendmenEs onto House Bill -- Senate Bill 509 and both of them -- the first amendment z Amendment No . 1 , changes the title of the chief executive and administrative officer of the Department of Corrections in Cook County from Executive Director to Director. Amendment No . 2 permits the Sheriff of Cook County r with the advice and consent of the county board , to appoint additional 15  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 53rd Legislative Day May 2l, 1997 members to the Cook County Sheriff 's Merit Board , now lim ited to five members . So I would appreciate a Yes -- affirmative vote on these two amendments .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? The question is, shall the Senate concur to Amendments and 2 -- House Amendments l and 2 to Senate Bill 509 . 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 . On that questionz there are 58 voting Aye, none voting No , none voting Present . And the Senate does concur w ith House Amendments 1 and 2 to Senate Bill 509, and the bill, havinq received the required constitutional majority, is hereby declared passed . Senate Bill 691. Senator Butler . Read the b ill, Madam Secretary . We 're on page l2, Ladies and Gentlemen of the Senate . Madam Secretary , 691 .

I move to concur with the House in the adoption of their Amendment No . l to Senate Bill 691 . O ffered by Senator Butler .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler.

Thank you , Madam President . Ladies and Gentlemen of the Senate: House Amendment No . l to Senate Bill 69l deletes everything and actually becomes the bill. It concerns the -- the operations of cable television companies and their relationship to property , particularly that of Manufacturing Housing Association (sic). It -- it anends the -- both the -- the County Code and the Municipal Code , and it provides that connunity antenna television companies shall give due notice when they are intending to install within a residential building of a certain size - twelve units o r 16  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 more - and it gives the property owners the -- the ability to have thirty days to either approve or disapprove the plans as submitted . Actually, the language is substantially already in our Municipal Code ; howevery We add this to the Counties Code and , in additione identify manufactured housing and nobile homes . I think everyone is in agreement w ith this , and I would urge your support .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none - this is final action - the question is r shall Senate Bill 69l with House Amendment l 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 . On that question, there are 55 votin: Aye, none voting No , none voting Present. And the Senate does concur in House Amendment l to Senate Bill 691, and the bill, having reeeived the required constitutional majority, is declared passed. Senator Molaro , Senate Bill 7897 Out of the record . Senator Watson , on Senate Bill 999 . Senator Watson? Senate Bill 369 . Senator Dudycz. On page l0 . Senate Bill 369 . Do you wish your motion called? Read the motion , Madam Secretary .

I move eo concur with the House in the adoption of their Amendment No . l to Senate Bill 369 . Offered by Senator Dudycz.

PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Dudycz.

Thank you, Madan President. I move We concur to House Amendment No . l to Senate Bill 369 . The bill required all conservators of the peace successfully to complete an approved training course for 1aw enforcement. The House amendnent provides that the Attorney General investigators may exercise their public 17  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21z 1997 powers anywhere in the State in cooperation with local 1aw enforcement agencies, but not having to notify them in advance . Currently , only after contact and in cooperation with local 1aw enforcement, they provide this investigation . The language is supported by the Office of the Attorney General, and know of no opposition .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none this is final action the question is, shall the Senate concur to House Amendment l to Senate Bill 369. All 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 . On that question, there are 54 voting Aye , none voting No , none voting Present. And the Senate does concur in House Amendment l to Senate Bill 369, and the b ill, having received the required constitutional majority, is hereby declared passed . ...goin: to resume to -- on the Non-concurrence O rder . Senate Bill... On the Motion to Nonconcur on Senate Bill 521. Senator Jones. Read the motion , Madam Secretary .

I move to nonconcur w ith the House in the adoption of their Amendment No . 1 to Senate Bill 521 . O ffered by Senator Jones.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Any discussion? All those in favor of nonconcurrencer say Aye . All opposed, Nay. The Ayes have it, and the motion carries, and the Secretary shall inform the House . Senator Molaro , on Senate Bill 789? Read the bill, Madan Secretary .

I move to concur with the House in the adoption of their Amendment No . 3 to Senate Bill 789 . Offered by Senator Molaro . 18  STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21, 1997

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Molaro .

Well, I think we might have a procedural p roblem z because I have filed a Motion to Nonconcur. So what I would like to do is withdraw my Motion to Concur at this point . Table? I Would like to withdraw my Motion to Concur.

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Molaro moves to withdraw his Motion to Concur and to go -- and now he wishes to have his Motion to Nonconcur. Is that correct?

Yes. would like to make a substitute Motion to Nonconcur to House Amendment No . 3 to Senate Bill 789.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Molaro r on the Order of Non-concurrence . Madam Secretary , read the motion .

I move ' to nonconcur with the House in the adoption of their Amendment No . 3 to Senate Bill 789 . Offered by Senator Molaro .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Molaro moves to nonconcur in th is amendment to Senate Bill 789. A11 those in favorz say Aye . A1l those opposed , Nay . The Ayes have The motion carries, and the -- the Secreta ry shall so inform the House. Senate Bill 999. Senator Watson . Read the bill , Madam Secretary . Read the motionz please.

move to concur with the House in the adoption of their Amendment No . 1 to Senate Bill 999 . Offered by Senator Watson .

PRESIDTNG OFFICER: (SENATOR GEO-KARTS) 19  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 53rd Legislative Day May 2l , 1997 Senator Watson .

Yes . Thank you, Madan President . This is the bill dealing with cable television and Ameritech . I think most of you probably remember that debate . It was one in which was discussed thoroughly at the time . The issuez obviously , had a lot of people 's support and a 1ot of people against it over here . In the House , I think due to the good folks who supported the legislation here , which I app reciate , it went to the House and an agreement now has been reached between the two parties - Ameritech , GTE , the telephone industry and cable companies . The basic difference between this bill and the other is one in which we are are simply saying that everybody will sit down , both the municipality and the early franchise - the first franchise and the second party and work out an -- an aqreement in which they w ill have something similar, as far as their contracts . There has been some opposition fron the Municipal League in regard to this process, but the -- obviously , the community that would be involved is the one who controls this . They 're the one who brinq in the second franchisee . They ultinately could withdraw . I mean y they ultimately have the say . But the Municipal League has had some concerns . Some of Ehe more regional municipal groups have not taken a position on the bill and, in fact, are neutral . So think that that indicates that maybe the Municipal League 's opposition isn't as great or isn't as concerning throughout the State. Basically I'd be glad to answer any questions; otherwise, I think you know the issuez but this is one who is a: reed to by all parties , and I would Welcone the support of, obviously r fifty-nine Senators.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Welch .

20  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 I have a question of the sponsor .

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he dll yield .

Senator Watson, is this going to delay the competition in the cable TV industry for our local communities? Is it going to slow it down or speed it up?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson .

Actually , this should accelerate it . I mean, this will create competition , and I think that 's What the Telecommunications Act wanted to do and I believe that 's -- that 's what we dre attempting to do here , is create some competition .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Welch .

Existing contracts with -- with cable TV franchises would be reneqotiated if the city allows a new franchisee to come in , believe, under the bill. That includes existing franchisee may be required to lower their rates to existing customers . Ts eha e true?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson .

That -- that would be possible , yes .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Watson , to close .

I appreciate, like I said, fifty-eight fellow Senators' green lights. 21  I I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 PRESIDING OFFICER: (SENATOR GEO-KARIS) The -- this is final action . The question is, shall Senate Bill 999 with House Amendment l pass. A11 those in favor will vote Aye . A11 opposed will vote Nay . The voting is open . Have all voted who wished? Have all voted who wished? Have a11 voted who wished? On that questionz take the record . There are 57 voting Aye, there are none voting No, none -- l voting Present. And this billr having received the required constitutional najority, is hereby declared passed. And -- and the Senate does concur in House Amendment l to Senate Bill 999. And this amendment is passed and concurred . On page 14 of today 's Calendar is the Order of Secretary 's Desk, Non-concurrence on House Bills. The intent of the Chair is to proceed to that O rder for the purpose of enterta ining Motions to Refuse to Recede . House Bill 228 . Senator Lauzen . Out of the record . House Bill 310. Senator Lauzen . Out of the record . House Bill 470 . Senator Rauschenberger . Read the motion , Madam Secretary . ACT ING SECRETARY HAWKER : I move to refuse to recede from Ehe Senate Amendment -- Senate Amendments l and 2 to House Bill 470 and request that a conference committee be appointed . Offered by Senator Rauschenberger. PRESIDING OFFICER : (SENATOR GEO-KARIS) All those in favor, say Aye . A11 opposed , Nay . The Ayes have it. The motion carries. The Secretary shall so inform the House. House Blll 1215. Senator Dudycz, on a Motion to Nonconcur? Out of the record. Page l6. House Bill 1887. Senator Karpiel? Senator Karpiel, House Bill 1887, on the Motion to Nonconcur -- you refuse to recede? Read the motion , Madam Secretary . ACTING SECRETARY HAWKER : I move to refuse to recede from Senate Amendment No . l to House Bill 1887 and request that a conference comm ittee be 22 I  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 appointed . Offered by Senator Karpiel. PRESIDING OFFICER: (SENATOR GEO-KARIS) A1l those .in favor , say Aye . All opposed, Nay . The Ayes have it . The motion carries . The Secretary shall so inform the House . House Bill 2164 . Senator Mahar. Read the bill , Madam Secretary - - the motion . ACTING SECRETARY HAWKER : I move to refuse to recede from Senate Amendments 1r 2 , 3 and to House Bill 2164 and request that a conference comm ittee be appointed . . Offered by Senator Mahar. PRESIDING OFFICER: (SENATOR GEO-KARIS) All those in favorz say Aye . All opposed , Nay . The Ayes have it . The motion carries, and the Secretary shall so inform the -- the House . House Bill 2209? Senator Petka . Senator Petka , House Bill 2209. Read the -- read the motionr Madam Secreta ry . ACTING SECRETARY HAWKER : I move to refuse to recede from Senate Amendment No . l to House Bill 2209 and request that a conference comm ittee be appointed . Offered by Senator Petka . PRESIDING OFFICER: (SENATOR GEO-KARIS) A l1 those in favor, say Aye . A1l opposed , Nay . The Ayes have it . The motion carries r and the Secretary shall so inform the House . We will now go to the Senate Calendar of the General Assembly , Supplemental No . l of Wednesday : May 2l, 1997 . It has been already distributed. We are at Secretary's Desk, Concurrence on Senate Bills . Senate Bill 6. Senator Radogno . Read the billz Madam Secretary . ACTING SECRETARY HAWKER : I move to concur with the House in the adopEion of their 23  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2ls 1997 Amendments l and 2 to Senate Bill 6 . Offered by Senator Radogno .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Radogno .

Thank you , Madam President. This bill, when it passed out of this Chamber, was a shell bill . It Was intended to create the Sexually V iolent Persons Commitment Act . House Amendment l becomes the bill and contains the substance . House Amendment No . 2 simply makes some technical changes. This bill allows for the civil commitment of -- at the conclusion of a criminal sentence of those sex offenders deternined by the court to have a substantial probability of comm itting further sex offenses. Currently r civil commitment can be used as an alternative to criminal prosecution , but this legislation Will allow for criminal sentencin: and then civil commitment, if needed , to protect society from these sex offenders. It ls anticipated ...

PRESIDING OFFICER: (SENATOR GEO-KARIS) Just a moment , Senator Radogno .

Could we please have a little nore orderly? Senator Radogno Radogno .

Thank you . It is anticipated that this bill will impact abouk fifteen to twenty offenders per year in the State of Illinois, and this is based on the experience of other states , a number of which have similar legislation. In other words, the Worst of the worstz in terms of sex offenders, will be kept off the streets . So I 'd be happy to try to answer any questions and would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none 24  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l: 1997 - this is final action - the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 6. 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 a11 voted who wished? Take the record . On that question, there are 59 voting Aye , none voting No , none voting Present . And the Senate does concur in House Anendnents l and 2, and th is bill, having received the required constitutional majority, is declared passed. Senator Watson .

Thank you , Madam President. I didn lt mean to startle you , but I wanted to :et your attention . I have some guests -- more guests here . In -- in the Senate gallery behind the Democrat side of the aisle is the Brownstown Sixth-G rade School and they lre here visiiing us today. And we'd certainly like to welcome them, and I would appreciate it if they 'd stand and be welcomed .

PRESIDING OFFICER: (SENATOR GEO-KARIS) W ill our guests rise? And Welcome to the Senate . We 're happy to have you . Senate Bill 7l. Senator Petka . One moment , Senator Petka . It would be very much appreciated , Lad ies and Gentlemen of the Senate , if you would please tone down your conversations so that I don 't hear them . And I am hearing them . Please, let 's give the courtesy of the sponsors of these bills to be heard . Senator Petka , on -- read the motion on Senate Bill 7l , Madam Secretary .

I move to concur With the House in the adoption of their Amendments 1 and 2 to Senate Bill 7l. Offered by Senator Petka .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Petka .

25  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 Well, thank you very much , Madam President and Members of the Senate . Senate Bill 71 conta ins two House amendments . One House amendment would perm it a handicapped person who is hunting from a standing vehicle to transport a shotgun legally in an all-terrain vehicle . Probably the more controversial of the amendments, though , is House Amendment No . 2. House Amendment No . 2 does the following things: First of allz it raises penalties for unlawful use of a weapon from a Class 4 to a Class 3 felony for second and subsequent offenders. Additionally, any person under the age of twenty-one would also have a Class 3 felony penalty they a re convicted , and if a person is a member of the organized streetgang , we would enhance the penalty from a Class 4 to a Class Additionally , Madan President and Members of the Senate, an individual who is above the age of twenty-one , who is arrested and convicted, would have a penalty for -- of up to one year in jail and a thousand dollars , which currently the -- the penalty is a Class felony. Like to just briefly explain the policy reason for doing this . When we passed the Safe Neighborhoods bill, in December of 1994, the ostensible purpose for doing that was to target streetgang offenders r and we had a very lon: billz going up to a couple hundred pages. Unfortunatelyz what we have seen is that individuals are being arrested who are sinply not streetgang members and never -- p robably 'would never, ever be streetgang menbers . The legislation simply restores to -- the penalty to -- as it existed prior to the streetgang legislation being approved by this General Assembly . And , Madam President, I w ill entertain any questlons that may -- the Members may have .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Jacobs .

Thank you, Mr. (sic) President, Ladies and Gentlemen of the Senate . Senator, how does this bill really , truly differ from 26  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 being a right to carry?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka .

Well , Senator , carrying a firearn is -- will still be punishable . It 'll be a crime. Penalties will be either a misdemeanor, which is up to a year in jail, or the enhanced penalties , for the three catego ries I already described , would be a Class 3 felony .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs.

Well, it seems to mer Senator -- and I don 't -- you know z I don 't have any great qualms With what you lre tryin: to do here , but I -- I know there are some Members on this side of the aisle that have some great concerns with voting for a riqht-to-carry bill . But it seem s to me that -- that , With everything else we 're doing in this Body , we are making an attempt to make the penalties tougher . Here Is a case where you are naking the penalties lesser for something that is a method to get around a right to ca rry .

PRESIDING OFFICER : (SENATOR GEQ-KARIS ) Senator Petka .

Senator Jacobs , under current law , if a person is convicted of a Class 4 felony and receives a one-yea r prison sentence r the longest that a person will serve within the Department of Co rrections is ninety days r if that . If the penalty r believe it o r not , is reduced to a Class A nisdemeanor , misdemeanants are not eligible for meritorious good time , so that a person who is convicted of the same offense as a m isdemeanor and was given exactly the same sentence will get twice the time .

PRESIDING OFFICER : (SENATOR GEO-KARIS) 27  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21, 1997 Senator Jacobs .

Yeah . Senator, I understand that . You lre basically talking about the maximum , but let 's talk about the m inimum . It 's my understanding , you can still get probation. So , to me , you know -- and -- and don 't get me wrong . I1m not trying to debate here what youdre doing. I just want to bring to the attention of .our side , for those who don 't Want to vote against -- don lt want to vote for this, that there are some p itfalls , and what we are doing is truly , in my estimation, giving a lim ited right to carry , even though there are penalties involved. And I just -- itfs a neat way of doing it . 1 111 tell you Ehat . I have to give you a lot of commendation on the ability to come up With a way to get a right to carry that dll probably pass .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Senator Petka, did you wish to respond?

. like to respond to the last statement made by the speaker. This is not right-to-carry leqislation, Senator. A person who is picked up, Who 's still in violation of the law, will carry a m isdemeanor conviction. Right to carry is a complete exoneration , sir, so you're still in the throws of having -- being subject to crim inal prosecution .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Further discussion? Senator Jacobs , are you done? Good . Senator Cullerton .

Thank youz Madan 'President, Menbers of the Senate. We just heard testimony on this bill this morning in Judiciary Committee . There was some implications -- or, indications that this -- this current law was kind of snuck into a big conference comm ittee 28  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 report and we didn 't really knok what we were doing . But I - - I don't think that was the case. We have to -- we have to acknowledge that -- that this Body in the past has voted to raise this penalty to a felony. In fact, we did it on April 14th, 1994, at 2:28 in the afternoon. We voted on Senate Bill 1707. Fifty-three to nothing , we passed it . It was sponsored by Senator Philip and Hasara, and it amended the Criminal Code and increased the penalties for certain violations of UUW from a m isdemeanor to a felony . We made that conscious decision back then . It was , at that point in time , supported by the Edgar Adm inistration , the Illino is Sheriffs ' Association , the Illinois Chiefs of Police , and the State Police, and the only opponent at that time was the Pike-Adams Sportsmen 's Club . Now , We then have passed this law , and as was testified today at the committee by the opponents , which included the Chicago Police Department and the C ity of Chicago , you know , this law is being enforced . There - - maybe it's a little much -- little bit of a stretch to suggest that the lower use of weapons in Chicago is the result of -- was the result of the passage of this bill, but nonetheless that is -- that is the case. There has been a reduction. My problem with the bill ës not so much that we're lowering a penalty, because there probably are a lot of other penalties that we ought to look at that could -- reconsider whether or not we should be as harsh as we are . But , generally speaking , in this Body , we don 't do that. We raise penalties. We don't lower penalties. But because this particular measure is supported by the Rifle Association and the NRA, we dre a1l of a sudden, you know, paying attention to the fact that maybe we should make this only a misdemeanor instead of a felony. You know, a -- an habitual loiterer, a habitual loiterer, w ill be a more serious offense than carrying a concealed weapon around , in this State . And all I In say ing is # we 're go ing to do this the right way, We ought to look at all of the 29  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21, 1997 Crim inal Code and see whether or not they are -- these sentences are fair and right . think that -- in the past when we made a misdemeanor a felonyz even though we knew someone could go to jail for a year if they were convicted of a n isdeneanor, we sa id , ''We 're making it a felony 'cause we want to send a message.'' Wellr if it works that way when you 'raise a penalty, it works that way when you lower a penalty . And I don 't think that 's the message we want to send , by lowering the penalty for this offense .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Molaro .

Yes. Thank you , Madam President . Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he will .

I -- I think I heard him correctly r or I want to make sure 'cause was a little noisy, that one of the good reasons fo r doing this is that you may be able to get more -- more of a punishment and nore time as a m isdemeanor than a Class 4 felony . Did I hear it correctly , sir?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka .

That is -- that is , in fact, the case , yes.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Molaro .

Then maybe What We should do is put this in a conference comm ittee and then maybe we could tack on the bill and we could make all Class 4 felonies m isdeneanors - all of them . This Way -- this way we can get al1 those Class 4 felons the way we really 30  STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 want to get 'em . So I Would suggest that we go eo conference committee report -- we vote No , go to conference committee report , and then we dll make all Class 4 felonies m isdemeanors , and we could accomplish that. In addition, 1'11 make -- 1111 just make one comment. For those of you who know criminal lawyers and -- who practice law , they will tell you that the result of making this a felony has really upset their p ractice because of the fact that they Will tell their clients now , ''Hey , usually when you got caught with a gun - you know what? - we can work it out. It 's a m isdemeanor . We 'll wind up in certa in branch courts . We can go with judges who can't hear felonies, who are just associate judges.'' And it was not considered a serious offense. Hence, misdemeanor, felony; serious, more serious. We decided in the General Assembly is to nake this a more serious crime , and it has, in face, done tha t. Now we lre giving a message and say , ''A1l you practicing attorneys, let your clients know that in the infinite wisdom of the General Assembly, We decided to take this crime that we made more serious and make it less serious .'' And I think it 's a mistake , unless we 're qoinq to take al1 Class 4 felonies and make them misdemeanors. Thank you .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Further discussion? Senator Dillard. Further discussion? Hearlng none , Senator Petka , to close.

Well, thank you very much, Madam President and Members of the Senate . It is ...

PRESIDING OFFICER: (SENATOR CEO-KARIS) Go ahead, sir .

It is somewhat interesting to try to gauge the intensity of the opposition in connection with this. First of all, my esteemed colleague , Senator Cullerton, Senate Bill 1707, which you 31  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l , 1997 correctly pointed outz did pass this Body ; in the Chamber across the Rotunda , they had second thoughts . We had -- we 'd realized that perhaps we didn 't do the right thing . The brakes were put on, and the thing died. As far as the -- I will assumez Senator Molaro, that that was somewhat tongue-in-cheek about reducing all the felonies. But, Ladies and Gentlemen , there is a very compelling reason for passinq this legislation , and that is simply this: We have had documented instances of people who are not criminals being treated like criminals. The most recent example I can qive to you is a football player, Alonzo Spellman, Who , khen stopped by the police for speeding, was asked whether or not there was anything in his vehicle that they should know about. And in his glove compartment of his vehiclez he had a firearn . He was picked up, placed in jail and kept behind bars overnight. We had a reported instance of a minister from the State of Indiana who walked into a police station with a firearm , in Illinois, lawfully carrying it from Indiana . He checked in the firearm , said , nI 've got to make a complaint against some people.'' He was charged on the spot with a felony . We had a -- a document that was circulated in Executive -- or, in Judiciary Committee of a woman who was being accosted by three armed nales, and she pulled out a firearm and she was able to escape the situation and guns were fired at her. She drove off, kas -- made a complaint, and then was charged and prosecuted , for defending herselfz on a Class 4 felony. We 're not easing anything here other than simply stating that for first-time offenders above the age of twenty-one z that they 'll be a m isdemeanor. The gangbangers are going to have their penalties upped from a Class 4 to a Class 3. Those individuals who are under the age of twenty-one, who -- where it is now illeqal to carry a firearm , will have their penalties enhanced . And those members of organized streetgangs, which was the o riginal target of I the Streetgang Racketeering Act and the Safe Neighborhoods Act, I 32 I  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21, 1997 are also going to have their penalties enhanced . I think that this is an excellent piece of legislation which demonstrates a comm itment to not only remove violent offenders fron the streets, but also - also - takes out a -- an unintended class from legislation that passed in 1994. I urge its adoption.

PRESIDING OFFICER: (SENATOR GEO-KARIS) This is final action . The question shall -- ise shall the Senate concur in the House Amendments 1 and 2 of Senate Bill 71 . Those in favor, vote Aye. Those opposed will vote Nay . The votinq is open. Have all voted who wished? Have all voted Who wished? Had a11 voted who wished? Take the record. On that question, there are 36 voting Aye , 14 voting Nay p 9 -- 9 voting Present. And this bill -- this Senate does concur in House Amendments 1 and 2 to Senate Bill 7l. And this bill , having received the required constitutional majority, is hereby declared passed . Senator Watson , on Senate Bill 315. Read the -- the motion, Madam Secretary.

I move to concur with the House in the adoption of their Amendment No . l to Senate Bill 315. Offered by Senator Watson .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson.

Yes, thank you. That is my motion. This amendment came to us from Representative Duane Noland , a constitution of his who would like to establish the Water Rescue Act in order to recognize the existence of specially tra ined underwater rescue and recovery persons in -- in the State Statute. There's no objection, and I'd ask for your consideration.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none , the question is -- this 33  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 53rd Legislative Day May 2l, 1997 is final action, Ladies and Gentlemen of the Senate . The question is, shall Senate B ill 3l5 with House Amendment 1 pass . Those in favor, vote Aye . Those opposed will vote Nay . The voting is open . Have a1l voted who wished? Have all voted Who wished? Take the record . On that question , there are 59 voting Aye , none voting No : none votinq Present. And this bill -- this -- the Senate does concur in House Amendment l to Senate Bill 315, and the bill, having received the required constitutional majority, is hereby declared passed . Senate Bill 316 . Senator Fawell . Read the bill, Madam Secretary. ACTING SECRETARY HAWEER I I move to concur with the House in the adoption of their Amendments 2 and 3 to Senate Bill 316. Offered by Senator Fawell.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Fawell .

Thank you very much. This explanation may be a little bit long, but I was asked to do this for legislative intent. These amendments to the Hea1th Care Workers Background Check Act are the result of the work of the Task Porce created by that Act . Although we have not completed our work , we have determ ined that these issues should be addressed this year . Amendment adds certain crimes to those already included in Section 25. The amendment also specifies that a health care employer who has already done a background check on an employee need not to do another check for these additional crimes, but is not prevented from doing so . Anendment 3 states that if a health care employer provides inaccurate information and a health care Worker is suspended fron employment based on that information, the employer is liable for back pay . It is not the intent of this bill to change the responsibilities and rights of both the employee and 34  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l , 1997 the employer under Section 7 of the Dniform Convictidn Information Act . The Section states that -- the employee has the responsibility to notify the State Police and that the employer within seven workin: days of receip t of the results of that background eheck if the information furnished is inaccurate or incomplete . The employee is responsible for m itigating the damage caused by the inaccurate information. Notification to an employer will allow the employer the opportunity to reevaluate the suspension and take corrective action, thereby limiting liability. Be glad to answer any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Jacobs .

Thank you , Madam President r Ladies and Gentlemen of the Senate . Senator yield for a question?

PRESIDING OFFICER : (SENATOR GEO-KARIS) She indicates she will .

According to our analysis , Senator , it says the current law gives an employer immunity from any liability as a result of discharging an employee who fails a background check . Who -- who nakes that determ ination as to whether they actually failed , or or, also, then, are we just saying that if they claim that they fail? Do they have to p rove that they failed? Is there recourse to the courts to say I did not fail that testz or -- or did not fail my background check? Is there any recourse to that? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell . SENATOR FAWELL : Well, the bottom line is that the -- that the employee has the responsibility to notify the State Police . They get this information from the State Police. If the -- if the State Police 35  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l , 1997 has inaccurately reported, then they the employee has the right to go to the State Police within seven days and say, ''Wait a minute , you know . That ls the wrong John Doe . Pull up my record if I have any .'l And then that, in truth , Will straighten the situation out.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Anythin: further? Senator Jacobs .

So I understand the amendment, Senator : We are say ing that if an employer -- employee is fired because of an error , he Would receive his job, if -- if that were the case, plus any back pay. Is that correct?

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Fawell.

Yes. If -- if he is incorrectly -- if the enployer p rovides inaccurate information and -- and a health care worker is suspended from employment based on that information , then the employer is liable for the back pay .

PRESIDING OFPICER: (SENATOR GEO-RARIS) Any further discussion? Senator Molaro .

Thank you, Madan President. 1'11 be real quick. I -- I said this in committee , and I talked to the people from Department of Health -- Public Health, and I Would just hope that sometime when they start looking at this and they start talking about waivers, there 's a couple of crimes in here that think have no correlation, such as forgery . If someone nineteen years old passes a bad check or signs his motherls name or stepfather and they come, that this -- this doesn 't bar them from being a health worker. The other thing ... But it does . I 'm hoping that somehow the Departnent can figure out what to do about that. The other 36  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Leg islative Day May 21 , 1997 thing is I don 't see in the amendment, and I also hope they can do th is, that they 'll put some time limits on certain crimes , meaning that if you 're a forger at nineteen and you go through a lot of stuff, and now you 're thirty-nine years old and you go apply for a job and they say you can't have it because you passed a bad check or signed your mother's name when you shouldn't have done it# or stepmother ds . '1 think that 's some p roblems With Howeverz the overriding issue makes a 1ot of sense. So I Would just hope that the sponsor would work with the Department of Health to expand the waiver part of this. So , thank you .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Myers .

Madam President , a point of personal privilege , please .

PRESIDING OFFICER: (SENATOR GEO-RARIS) State your point, ma 'am .

I would like to introduce to you, in the gallery over beyond the Democrats, behind the Democrats: the North Ridge Middle Schooly and Ms . Claire Manning r their teacher. They dre visiting today from Danville .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Please rise , and welcome to Springfield . Any further d iscussion? Seeing none z Senator Fawell , to close .

Thank you . Just wanted to clarify that there is a Wa iver in process right now . You -- you can get a waiver under the present law . So I would solicit your Aye vote .

PRESIDING OPFICER: (SENATOR GEO-KARIS) This is final action. The question isz shall the Senate concur in House Amendments 2 and 3 to Senate Bill 316 . Those in favor, vote Aye . Those opposed Will vote No . And the voting is 37  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2lz 1997 open . Have al1 voted who wished? Have all voted Who wished? Have al1 voted who wished? Take the record . On that question, there are 57 votinq Aye , none voting No , none voting Present . This motion -- this -- the Senate does concur in House Amendments l and 2 in -- 2 and I 'm sorry - 2 and 3 in Senate Bill 316, and the bill , having received the required constitutional majority, is hereby declared passed. Senate Bill 366. Senator Parker? Read the moeion, Madam Secretary.

I move to concur with the House in the adoption of their Amendment No . l to Senate Bill 366 . Offered by Senator Parker.

PRESIDING OFFICER : (SENATOR GEO-XARIS) Senator Parker.

Thank you , Madam Chairman . This is the -- actually , the same language that we had used just for clean-up legislation for 366, which we passed last Session . And What it does is -- the reason why we still need this bill is to further get the implementation date earlier, at July 1st , this yearz instead of January of next year. And it includes the sane language for a definition of ''eqregiousl'r as is in 165, House Bill , that has already passed .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Hearing none - this is final action - the question is , shall Senate Bill 366 With House Amendment No . l pass. And does the Senate concur in House Amendment l to this senate bill . Those in favor, vote Aye . Those opposed W ill vote Nay . The voting is open . Have all voted who w ished? Have all voted who wished? Have al1 voted who wished? Take the record . on that question , there are 56 voting Aye , none voting No , none votinq P resent . And the -- the Senate does concur in House Amendment and to Senaté Bill 366 , and the bill , having 38  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 received the required constitutional najority, is declared passed. Senate Bill 368 . Senator O 'Malley . Read the bill, Madam Secretary .

I move to concur with the House in the adoption of their Amendment No . l to Senate Bill 368 . Offered by Senator O 'Malley.

PRESIDING OFPICER : (SENATOR GEO-KARIS) Senator o 'Malley .

Thank you z Madam President and Members of the Senate . Senate Bill 368, as it left the Senate, provided that a child support order shall include a provision requiring the obliqor to report to the obligee each time the obligor obtains a new job and each time the obligor's employment is terninated for any reason. In the House , Amendment No . l Was put on to clarify the intent of the legislation. The amendment specifies that the obligor must report new employment with in ten days, 'cause no time period was specified in the original legislation, and that the report shall be in writinq. Incidentally, the reporting shall be to both the obligee and the clerk of the court where the original order was filed . It further provides that crim inal contempt sanctions are permissible if the failure to report is coupled with nonpayment of support for a period in excess of sixty days . The language that 's contained in the amendnent was suggested by the Illinois State Bar Association . I 'd be happy to answer any questions you may have .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Hearing none - this is final action - the question is, shall Senate Bill 368 -- the Motion to Concur on Senate Bill 368 pass, on House Anendment 1 . Those in favor, vote Aye . Those opposed will vote Nay . The voting is open . Have all voted who wished? Have a11 voted Who wished? Take the record . 39  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 On that question, there are 58 voting Aye z none voting No , none voting Present . The Senate does concur in House Anendment to Senate Bill 368, and this bill, having received the required constitutional majority, is declared passed. Senate Bill 381. Senato r Fawell? Read the bill -- the motion, M r. Secretary .

I move to concur w ith the House in the adoption of their Amendments l and 2 to Senate Bill 381 . The motion offered by Senator Fawell.

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Fawell.

Thank you very much . This was the the bill on frivolous -- prisoner frivolous lawsu'its . Amendment No . l was offered at the request of the Department of Corrections . It makes p risoners responsible for filing fees , as well as court costs . It also adds as a criteria to the frivolous definition that a filing, quote, 'Q acks an arguable basis in law or in factdv unquote. This languaqe tracks the federal Prisoner Lawsuit Reform Act and conforms with the federal case lak regarding due process . The amendment also changes languaMe in prior frivolous lawsuit Acts concerning taking away good time and conform s that language with the language in the bill. Amendment 2 was requested by Ehe Adninistrative Office of the Illinois Courts. It specifies that court reporters may furnish and be paid for more than one copy of *he transcripts . This change is necessitated by recent death penalty reforms when nore than one appeal pending may be occurring at the sane time . Be glad to answer any questions .

PRESIDINC OFFICER: (SENATOR GEO-KARIS) Senator, are you moving to concur on Senate -- House Amendments l and 27 Senator Fawell .

40  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l# 1997 l and 2 .

PRESIDING OFFICZR : (SENATOR GEO-KARIS) To Senate Bill 381.

Yes .

PRESIDING OFFICER : (SENATOR GEO-KARIS) All right . This is -- those -- all -- those in favor ... Any discussion? I'm sorry. Senator Collins.

Senator Fawells understand that -- what -- basically what you dre trying to do here is to prevent frivolous lawsuits against prison officials , but Ilm -- I'm afraid that given the environment and circumstances surrounding our prison system in Illinois, that thls w11l also discourage prisoners, inmates, from reporting or trying to bring charges against unscrupulous employees in the prison system . And -- and -- and itls evident from the report that we received from the House report and other kinds of studies that went on , in the prison system - and I -- and T guess that 's what you're trying to <et at - that there are some real problems that need to be dealt with, and it has to do with administration and staffs of those institutions, in addition to the qangs. So I think that the prisoners are already intimidated enough and have enough intimidated -- intimidating forces around them to keep them from bringin: frivolous charges because of the fact, the fear that they will lose those charges and what will happen to them in case they do lose and have to remain there . So I 'm not so sure here that what you 're doing, although well-intended -- and no one should be allowed to just qet away and file frivolous suits against people . But you know and I know that these people don 't have the money . So what in case -- what -- if they do and they don 't have the money to pay , what happens then? PRESIDING OFFTCER: (SENATOR GEO-KARTS) 41  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 53rd Legislative Day May 21 , 1997 Senakor Fawell .

If -- if they -- if they file a suit that has merit behind it , it Will not be declared a frivolous lawsuit. The judge has to make that -- that specific case , declaring whether it 's a frivolous lawsuit after all evidence is in .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Collins .

Senator Fawell, I 'n fully aware of that. My question is : What if the inmate is one of those persons Who lve not been able to work, does not have any noney or fund there? Where will he or she get the money from to file the suit, just in case it's ruled frivolous by the judge? I understand that process. The ruling of the -- of the -- or not being ruled in the affirmative on the part of the -- the petitioner is not the issue . The issue is , what happens when they can't and they know in advance that they donft have the money to pay?

PRESIDING OFFICER: (SENATOR GEO-KARTS) Senator Fawell.

Al1 prisoners do have an account and money is placed in that account .

PRESIDING OPFICER: (SENATOR GEO-KARIS) Further discussion? Senator Collins z for the -- again .

Are you telling me that every prisoner that We have in our institution has an account, a bank account: in prison?

PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Fawell . SENATOR FAWELL : Yes . 42  STATE OF ILLTNOTS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 53rd Legislative Day May 2l, 1997

PRESIDING OFFICER : (SENATOR GEO-KARIS) Any further discussion? Senator Hendon .

Thank you : Madam President. Will the sponsor yield?

PRESIDING OFFICER : (SENATQR GEO-KARIS) She indicates she will.

Senator Fawell , who will deternine whether the suit filed by the prisoner was frivolous or not? Who w ill make that determ ination?

PRESIDING OFFICER: (SENATOR GEO-EARIS) Senator Fawell.

The judge, after a1l evidence is in.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hendon.

The -- another part of the bill, on the good time , where a prisoner will lose his good time if he files a frivolous lawsuit: is this if theydve filed just one?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell.

Yes, he will lose good time he insists on this action. PRESIDING OPPICER: (SENATOR GEO-KARIS) Senator Hendon . SENATOR HENDON : It doesn't matter. I mean, if he just does it one time, he loses his good time, for just one frivolous filing? PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Fawell . SENATOR FAWELL : 43  STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 If the judge declares that it's frivolous. But this bill doesn 't really have anything to do with good time, per se .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Further discussion? Senator Hendon. Youdre done. Senator Watson .

Yes. Thank you , Madam President. Before some of you decide that maybe you want to look up there and see a couple of red lights on, you start to vote No , you better realize wha t you lre about to do . -- I 'm sitting in my home reading the St . Louis Post-Dispatch, oh, last -- some tim e last fall, and there was a letter to the editor from an lnmate in a Missouri correctional center who was complaining about the fact that the M issouri correctional system had decided -- a judge who -- a judge in a court had decided that his case had been frivolous and , therefore , demanded him to pay the cost. It Was around four hundred dollars . Here was this poor inmate complaining in the Post-Dispatch about the fact that, yes, indeed, he was qoing to be required to pay these fees. And I thought to myself at that time, I wonder if We do that in Illinois. So I :ot ahold of the Department of Corrections and -- and they said , ''No , we don 't have that particular 1aw in Illinois.n And -- and I thoughtr Well, we ought to have it. So I contacted our staff and it so be that Senator Pawell had already given it consideration and introduced it, so I 9ot on as a cosponsor. I wanted to write this guy in Missouri thankin: him for bringing this to ny attention . But the facts of the matter is, if you talk to the Director of the Department of Corrections and realize the millions - literally, millions - of dollars that we spend in this State on litigation: and much of which is frivolous litigation, in behalf of inmates who are incarcerated in this State, you would be surprised - not only the the dollars that we pay out, but the time. And -- and the 44  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 Directorz at that point in tine, talked about how he was flying all over the Stake to go to different courts. We are busin: people all over this State to take them to court. We dre kaking correctional officers out of the correctional facilities so that these inmates can go to these particular court hearings. So I think this is an excellent idea , one that obviously will save money for the Departnent of Corrections and the taxpayer and maybe cut down on a 1ot of the ridiculous cases that are brought forth in behalf of inmates in this State . So I ask for your support .

PRESIDING OFFICER : (SENATOR GEO-KARIS) Further discussion? Senator Collins, for a second time. May I please ask the Senate Members to quiet the -- speak with the conversations...

Yeah . When I was speakinq before z I -- I really did get cut off because I was askinq a question and I -- then I Was interrupted . Senator Watson 's statement that he read this letter where an inmate had written to one of the papers complaining about the problems of -- of one of the institutions, of course, brought charges and -- and he was found not they were found to be frivolous . And any -- I guess any time that they find that the complaints are -- are not true, at that point in time then they would be deemed frivolous . However, what we are overlookin: here , if, in fact, that there is a legitimate problem in the prison system , beeause in Illinois the prison system - and I don 't care what you say , I 'm talking about fact that I know - is basically the gangs have major control in the prison systems. No doubt about it. Itls just like how the drugs get into the communities that lead to most of the inmates from certain -- from our communities being in the prisons in the first place. What you have is ganq members and other people goin: in testifying against at the hearings, testifying against the -- the person who may 45  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21 : 1997 be wantin: to -- to go in, serve their time and do the right thing. But because they are not governed or becomes a part of the gangs, it's just like what happens in the real community. These people , many of them , are set up , charges are brought aga inst them , and any opportunity that they can find to testify against that kind of inmate , they will do it. What we need to focus on -- if all things were equal, I would say, yes, this is what we should do , because no one should get away w ith bringing about frivolous suits and Illinois spendin: unnecessary money. But *e need to also , first , clean up the system . We need to clean up the administrative function of those prisons. We need to get take out the gang control out of those prisons, and we need to give those people a real opportunity in there to -- to go ine serve kheir time and come out and be productive citizens. That is not happening. All youlre doin: right noW is stopping these people who want to do, maybe, the right thing: a lot of then , from going in, nakin: complaints so that they can serve their time and be left alone and come out and -- and be a decent citizen .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Are you finished , Senator Collins? Senator Petka . Senator Hendon , for a second time . SENATOR HENDON : I do apologize for rising a second time, Madam President. Wi11 the sponsor yield for a question? PRESIDING OPFICER : (SENATOR GEO-KARIS) She indicates that she will, Senator Hendon . SENATOR HENDON : Andr Senator Fawell, I do apologize, but this is very important . Recently we dve had a rash of prisoners who were released and subsequently found innocent, who were on death row and -- on -- on charges where they were eventually found innocent . Now , in those cases, if -- if this was law, could they have 46  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l , 1997 continued to appeal those cases throughout the years, or would they would have had to bear the cost of appealing these cases or filin: these suits if they acted on their own -- as their own attorney?

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Fawell.

I know the cases youfre talking about, and, of courser those would have been defended. There Would not -- they would not have been declared frivolous lawsuits. In fact, the court remanded the other courts and it was sent down to the circuit court and round and about . No , those weren 't frivolous lawsuits . Those had merit to it, and they would not have been charged .

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Hendon .

As read the -- the bill , it says that frivolous means if if it has no bearing ''either in law or in factd'. So if the judge aqreed determ ines that they have no factual basis, then can 't that be ruled to be frivolous?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell.

No .

PRESIDING OFFICER: (SENATOR GEO-XARIS) Senator Hendon .

Okay. Well, 1et me -- then the -- the wording ''in lawf' and ''in fact'l should not be in the bill. Is that is that correct? Because it says, as I read it , that frivolous is determ ined if it has no basis Heither in 1aw or in factd'. The facts ... Thank you , Madam President . The facts in the murder case , in khe Rolando 47  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 C ruz case and the other case , the Ford Heiqhts case, the facts came out later . When the facts finally came out , that's When they were released . But up until their release - ten years, foureeen years - the judges had ruled that they did not have the factual evidence to free these men . So that 's the p roblem that I have . It 's not that they don 't have no basis as in law , but in fact. Fact can actually come out to be something different than it appeared at -- at first . And , you know , I think you should at least take out of the record and at least take that -- that particular phrase out of there, because that leaves a lot of latitude. There are a lot of fine judges in this State, but sometimes judges make mistakes. Sometimes judges send innocent people to prison . Clearly that is the case or We wouldn 't have all these innocent people being let out now .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell.

I think if you look up 'larguable basis ,'' you will find in BLACK'S LAW DICTIONARX that there is case law which -- which is in the federal courtsp and -- and that 's what -- that 's what is -- has been defined as frivolous acts.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, Senator Fawell moves to concur in House Amendment in Senate -- in House Amendments l and to Senate Bill 381 . Those in favor will vote Aye . Those opposed will vote Nay . And the voting is open . Have all voted who wished? Have all voted Who Wished? Take the record. On that question, there are 54 votin: Aye , 4 voting Nay , none votin: Presenk . And the Senate does concur in House Amendments l and -- l and 2 to Senate Bill 381 . Senator FaWellr on House Amendment 4 . Senator Fawell r on House Amendment 4 to Senate Bill 381. Senator Fawell. Read the motion . Yes , Senator Fawell . 48  STATE OE ILLINOIS 90TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997

I want to -- I want to nonconcur on Senate (sic) Amendment No. 4 . It 's a technical amendment is all.

PRESIDING OFFICER: (SENATOR GEO-KARIS) A ll right. Is there any discussion? Senator Cullerton .

Yes. Thank you , Madam President , Members of the Senate . Senator Fawell, I assume, then, that this bill is, indeed, going to go to conference committee. I understand we did concur with those other amendments. But I Would suggest that , perhaps, since it is going to go to conference comm ittee, maybe some of the issues that were raised during the debate on the previous amendments might be addressed, if there ls any ambiguity, if there 's a way in wh ich we can clarify that . Thank you .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Al1 those in favor of nonconcurring in Senate -- Senate -- in House Amendment 4 to Senate Bill 381 , say Aye . A11 opposed , Nay . The Ayes have i*. The motion carries. The Secretary shall so inform the House . Senate Bill 408 . Senator Cullerton . Read the billz Mr. -- read the motion. Senator Cullerton. Senator Cullerton .

Yes. Thank you, Madam President, Members of the Senate. I -- my original motion was to concur. Indeed the Motion to Concur came out of committee today. But after it came out of committee, I -- I discovered that there 's some improper wordin: in the amendment. So I Wish, at this time, to nonconcur on this House Amendment No. l to Senate Bill 408.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senate Bill 408 ts on the O rder of Non-concurrence w ith Amendment -- House Amendment 1, and Senator Cullerkon moves to nonconcur in House Amendment l to Senate Bill 408 . Any 49 l  STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 discussion? Hearing -- a1l those in favor, say Aye . A1l opposed, Nay . The motion carries z and the Secretary shall so inform the House .

PRESIDING OFFICER: (SENATOR DUDXCZ) On the top of page 3 of your Supplemental Calendar No . is Senate Bill 500 . M r. Secretary .

I move to concur With the House in the adoption of their Amendment No . l to Senate Bill 500 . The motion filed by Senator Klemm .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm . Senator Klemm .

Thank you , Mr . President. Senate Bill 500 changes the threshold for State agencies in remodeling, renovation, and construction projects. It was originally raised from five thousand to thirty thousand, but that was removed and now what we 've done is allow the Capital Development Board to designate some repair or maintenance projects as not being the practice of architecture, professional engineering, or structural engineering projects, such as replacing a broken sidewalk on a school does not require an architect to certify to that. This will certainly reduce some of the costs for these smaller projects. It's an agreement by the Architects' Association, the Community Colleges, and there's no opposition. I do ask for your support.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not , the question is: shall the Senate concur in House Amendment No . l to Senate Bill 500 . All those in favor w ill vote Aye . Opposed will vote Nay . And the voting is open . Have a11 voted who wish? Have al1 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 50  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l , 1997 the Senate does concur in House Amendment No. l to Senate Bill 500 , and the bill , having received the required constitutional majority, is declared passed. House Bill 561. Senator OlMalley. M r. Secretary .

I move to concur with the House in the adoption of their Amendment No . l to Senate Bill 561 . The motion : by Senator O 'Malley .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O 'Malley .

Thank you , M r. President and Ladies and Gentlemen of the Senate. Senate Bill 561, as it was originally approved in this Chamber , required that the workforce preparation and development goals and implementatton strategies within the Staee be recommended to the General Assenbly and Governor, rather than adopted by the Human Resources Investment Council. Under -- in effect: under Senate Bill 564 (sic) the qoals and strategies would be recommendations to the Governor and the General Assembly, givin: the General Assembly more direct input and certainly the ability to ratify . In the House, Representative Phelps offered an amendment to Senate Bill 56l that adds to its contents , and it provides that any such goals and strategies that are not ratified by the General Assembly by joint resolution within seven months after the effective date are deemed to be revoked. I Would be happy to answer any questions you may have, and would appreciate your affirmative support . PRESIDING OFFICER: (SENATOR DUDXCZ) Is there any discussion? If not, the question is , shall the Senate concur in House Amendment No . l to Senate Bill 561. Al1 those in favor will vote Aye . Opposed will vote Nay . The voting is open . Have all voted who wish? Have all voted who wish? Have 51  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 all voted who w ish? Take the record . On thak question , there are 58 Ayes , no Naysy none voting Present. And the Senate does concur in House Amendment No . l to Senate Bill 561 , and the bill, having received the required constitutional majority, is declared passed. House (sic) Bill 689. Senator Donahue. Senate Bill 689. Senator Donahue . Senate Bill 710 . Senator Fitzgerald . M r. Secretary .

I move to concur w ith the House in the adoption of their Amendments l and 2 to Senate Bill 710 . Motion by Senator Fitzgerald .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senaeo r Fitzgerald .

Thank you , Mr. President, Ladies and Gentlemen of the Senate . First , the original bill clarifies an amb iguity between the Code of Civil P rocedure and the Uniform Commereial Code so that it is clear that the statute of lim itations to enfo rce a prom issory noke is ten years. The House Amendment No . 1 references the notice requirements for certain actions against the Ch icago Transit Authority. Under current law, an injured person must formally serve notices on the CTA offices that he or she has been injured within six months of the injury. Failure to do so bars any action against the CTA. No other unit of local government enjoys such a procedural defense . This amendment tries to m itigate the harshness of this rule by requiring that the CTA, by certified mail, notify the injured person of the six-month notice if the injured person advises the CTA in Writing that he or she Was injured by the CTA. The CTA does not object to this amendment. Also , House Amendment No . 2 is from a bill that passed out of the House l10 to nothing several weeks ago . It makes the liberalized evidentiary rules of Supreme Court Rule 90 that apply to court-annexed arbitration also apply to uninsured and underinsured 52 j I STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21 , 1997 motorist cases . There are no known opponenks to this amendment, and Allstate and the Illinois Defense Council also support this amendment. These are initiatives of the Illinois State Bar Association . PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Hawkinson . SENATOR HAWKINSON : Thank youe Mr . President. Will the sponsor yield for a couple of questions? PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Hawkinson. SENATOR HAWKINSON : Senator, on House Amendment No . 1, the CTA amendment , I raised a question in committee this morning as to whether the notice has to be in writing in a11 cases before you trigger this defense . Is it your intention that -- that the notice to the CTA , the initial notice that we Ire allow ing with this bill, must be in Writing? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fitzgerald . SENATOR FITZGERALD : Yes . PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Hawkinson . SENATOR HAWKINSON : And as to House Amendment No . 2, Which allows the relaxed , streamlined rules of evidence to apply to uninsured and underinsured cases, are these cases -- could they be personal injury actions in which one of the vehicles is uninsured or -- or underinsured? Is that the kind of case we fre talking about here? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fitzqerald . SENATOR FITZGERALD : 53 I  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l , 1997 Yes .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson.

And are these relaxed rules of evidence that we 're permitting here to apply only in cases where al1 the vehicles a re uninsured or underinsured, or could it apply in a -- in a case which involves two or three vehiclesy only one of which happens to be uninsured or underinsured?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Pitzgerald .

My understandinq, Senator Hawkinson, Was that it could be a ease in which one is uninsured and another is not.

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Hawkinson.

Well, I guess I Would question that response, because it Would seem to me that the idea here would be that in a low-dollar figure case or where one of the vehiele -- Where the defendant 's vehicle is uninsured or underinsured, you might Want to do this. But say you've qot a -- a major, major personal injury case involvin: multiple plaintiffs and multiple vehicles. It would seem to me you would not want the relaxed rules to apply to that entire litigatton. So I guess I would hope that your answer Would be otherwise ; that these relaxed rules would only apply where there 's a sole defendant and that defendant happens to be uninsured or underinsured , but maybe you could get clarification for us on that .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Fitzgerald . SENATOR PITZGERALD : 54 ! STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 I -- I will check on that, but I would point out thak this is language that both sides -- A llstate supports and the Illinois Defense Council and the Illinois State Ba r Association suppo rt and that there are no opponents to it. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson . SENATOR HAWKINSON : , That 's what leads me to believe that your answer is incorrect. I can 't believe they would -- would agree to these different set of rules in major litigation where you had, sayr one party with a million-dolla r policy and -- and the other defendant happened to be uninsured . I -- I -- my guess is that this is only intended to apply to those -- those cases where there are not many assets involved , the amount of the litigation is not worth the extended discovery and so forth , and -- and you have, perhaps, a sole defendant who is uninsured or underinsured and without other sufficient assets . But I -- I 'm goin: to assume that they -- the Bar knows what they 're doing , but I wish you 'd check on that for uS. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Molaro . SENATOR MOLARO : Yes . Thank you , M r. President . First of all , anybody Who 's ever been injured in a CTA accident, or knows anyone, their notice requirement is really onerous. I mean, it's -- you have to fill out certain ways, certain thinqs, and most people would think that if you 're involved in an acçidentr all you would have to do is send a letter to the CTA and say, î'I was involved in an accident on such and such a date and I hereby give you notice .'' That 's not nearly enough to even come close to the notice requirement . So I have a question for the Senator, if he would y ield . PRESIDING OFFICER : (SENATOR DUDYCZ) ' 55  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 Sponsor indicates he will yield. Senator Molaro.

I don 't have the amendment in front of me and I'm trying to put it on the screen and I can 't get it, but when it says that the -- the CTA must send -- furnish a copy of the Staeute , ''any action commenced aqainst the Authority shall not be dismissedlv do you get six months from the time you get their notice , or is it still six months from the accident? Meaning , I guess, if if somebody waits four or five months and they lre told , î'Oh , by the way, you better let the CTA know about thisn, and We send them a letter, then by the time I get it back , I n ight get it back r and only have a couple of days .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fitzgerald .

The amendment reads six months from the date the injury occurredr or the cause of action arose.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro .

Then it -- it does -- it does stick with the eause of injury was the date of the accident, obviously. So it does stick with that . We 're not saying that it tolls the Statute until you get the notice.

PRESIDING OFFICER: (SENATOR DDDXCZ) Senato r Fitzgerald .

Correct.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro .

Last thing : 1 111 be real quick . Then I assume if you dre in an 56  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21 r 1997 accident with the CTA and there ls a police report and a police officer's there and he makes a report, that should -- in your opinion , is that enouqh to force them to give you' a copy of the Statuke, or do you -- or does the injured party have to take more action than that?

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Fitzgerald .

The bill reads -- orr the amendment reads: Any person who notifies the Authority that he or she Was injured or has a cause of action shall be furnished a copy of Section 41 of the Act. Wiehin ten days after being notified in writing , the Authority shall either send a copy by certified mail to the person or hand deliver a copy to the person . PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? If not , Senator Fitzqerald , to close . SENATOR FITZGERALD ; I will -- I Would like to proceed With this today. I will try and find an answer to Senator Hawkinson's questions and -- definitive answer, and if it is a problem, I would like to notify the Governor's Office, I guess. But I think the -- all sides are signed off on it, and there wasn 't any substantial opposition that I know of, and I 'd appreciate a favorable vote . PRESIDING OFFICER: (SENATOR DDDYCZ) The question is, shall the Senate concur in House Amendments No . l and 2 to Senate Bill 710 . All those in favor will vote Aye . Opposed will voEe Nay . 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 59 Ayesz no Naysz none voting Present . And the Senate does concur in House Amendments No . l and 2 to Senate Bill 710, and the bill, having received the required constitutional majorityy is deelared passed. Senate Bill 57  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21, 1997 777 . M r. Secretary -- Senator Garcia, what purpose do you rise?

Personal privilege.

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point .

M r. President and Members of the Senate, in the Democratic side of the aisle , we have a group of eighth graders from the Corkery Elementary School in my district who are visiting Springfield. I would like to ask them to stand up and be recognized, and join me in giving them a round of applause.

PRESIDING OFFICER : (SENATOR DUDYCZ) Will our guests in the gallery please rise and be recognized? Welcome to Sp ringfield . Senator Geo-Karis, what purpose do you rise?

Point of personal privlleqe.

PRESIDING OFFICER: (SENATOR DUDXCZ) State your point.

Mr. -- Mr. President, Ladies and Gentlenen of the Senate, I1m delighted to have with us today one of Senator Link 's constituents and my qood friend, Mrs. JoAnn Lubin Lichtenstein, from Highland Park , who 's sittinq in our gallery up here, and her sonr Richard , is our Page today.

PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests in the gallery please rise and be recognized? Welcome to Springfield. Senator Burzynski, What purpose do you rise? SENATOR BURZYNSKI : Thank you, Mr. President. just Wanted to rise on a point of personal privilege. 58  STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Leg islative Day May 21, 1997

PRESIDING OFFICER: (SENATOR DUDVCZ) State your point. SENATOR BURZYNSEII I have two youn: ladies with me from my district today that are paging here and I 'd like for them to stand and be recognized by the Senate .

PRESIDING OFPICER: (SENATOR DUDYCZ) Welcome to Springfield . Senate Bill 777 . M r. Secretary .

I move to concur with the House in the adoption of their Amendments l and 2 to Senate Bill 777. The motion, by Senator Carroll.

PRESIDING OFFICER : (SENATOR DUDXCZ) Senator Carroll .

Thank you , Mr. President. I rise to be recognized for the purposes of movin: that we do concur in Amendments No. l and 2, as adopted by the House . Amendment No . is technical and says -- basically, it adds the word nthat'' (sic) (than) instead of ''than'' (sic) (that). Senate Bill 777, for the edification of the Membership , is the bill that I introduced to clarify that on State contracts that are not bid , that any contract over two hundred and fifty thousand dollars must be signed by the chief executive officer with the co-siqnature of the chief fiscal officer and the chief legal counsel. What the other House amendment does is to clarify the lanquage that, for the General Assembly , it identifies that, in effect, each leader of each caucus - President , Minority Leader, Speaker, Minority Leader - are the appropriate signing personages and likewise the co-signing would be by their individual fiscal and legal officers. I would urge its adoption by the Senate .

PRESIDING OPFICER: (SENATOR DUDVCZ) 59  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l , 1997 Is there any discussion? If not, the question is r shall the Senate concur in House Amendments No . l and 2 to Senate Bill 777 . All those in favor will vote Aye. Opposed will vote Nay. 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 59 Ayes, no Nays, none votin: Present. And the Senate does concur in House Anendments No . l and 2 to Senate B ill 777, and the bill, havin: received the required constitutional majority, is declared passed. Senate Bill 780. Senator O'Malley. M r. Secreta ry .

I move to concur with the House in the adoption of their Amendment No . l to Senate Bill 780. The motion, by Senator O 'Malley .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator O 'Malley .

Thank you: Mr. President and Ladies and Gentlemen of *he Senate . Senate Bill 780 , as it passed the Senate , provides that in determininq a child's best interest pursuant to a court order for substitute care, BCF (sic) (DCFS) shall give due, but not sole, consideration to the child 's race or ethnic heritage in making a famtly foster care placement. In the House, Representative Flowers offered an anendnent, and Rep resentative Flowers is the House sponsor of Senate Bill 780, and that amendment provides and has a number of provisions that 1 911 explain . It provides that DCFS shall make every effort to p lace a child with a relative who DCFS believes can care for the child according to Depa rtment rules . It requires a1l licensed child welfare agencies that -- that receive State funding to work with DCFS to create an appropriate pool of foster and adoptive parents . It further provides that DCFS shall make special efforts to 60  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 recruit foster placements and adoptive placements which meet the cultural and special needs of children served by the -- by the Agency. Reasonable efforts are to be made to include recruits which are relatives and are of the same racial or ethnic origin. Further allows DCFS to enter into incentive contracts With licensed ch ild welfare agencies, and I might caution , not to exceed current budget levelsr as approved. Requires the Department to compile an annual report of all foster and adoptive placements in Illinois . I ld be happy to answer any questions there might be. I do move concurrence with Amendment No. 1, and Would appreciate your support.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall the Senate concur in House Amendment No . l to Senate Bill 780 . 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 all voted who wish? Take the record . On that question ' there are 58 Ayes, no Nays, none voting Present. And the Senate does eoncur in House Amendment No . l to Senate Bill 780, and the bill, having received the required constitutional majority, is declared passed. Senate Bill -- Senate Bill 852. Senator Geo-Karis . Mr . Secretary .

I move to concur with the House in the adoption of their Amendments 2 and 3 to Senate Bill 852. The motiony by Senator Geo-Faris.

PRESIDING QFFICER : (SENATOR DUDXCZ) Senator Geo-Karis.

Mr. President, Ladies and Gentlemen of the Senate: this bill was the one that amended the Civil Administration (sic) Code of Illinois, the Disabled Persons Rehabilitation Act, and the Head 61  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 and Spinal Cord Injury Act. House Amendment 2 provides that the purpose of the State Rehabilitation Advisory Council is to advise the Secretary of Human Services and the vocational rehabilitation administrator of the of the provisions of of the federal Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1990 concerning individuals with disabilities. And House Amendment 3 removes the legislative appointments from the Spinal Cord and Head Injury Advisory Council. It adds three ex-officio members -- excuse me -- from the Division of Specialized Care for Children of the University of Illinois, the Statewide Independent Living Council , the State Rehabilitation Advisory Councile and the total membership of the Council would be twenty-nine , the same as current law . And it p rovides that on -- excuse me -- of the Rehabilitation Advisory Council, nine members constitute a quorum . The bill required a majority of members appointed and serving. Ladies and Gentlemen of the Senate, this bill with those amendments passed by a vote of l16 votes to nothing in the House. : So , as you know , the House is not controlled by my party : so if both parties were so strong about it, I ask for a favorable vote on this bill, as -- with the amendments therein.

PRESIDING OFFICER: (SENATOR DUDXCZ) Is there any discussion? If not , the question is, shall the Senate concur in House Amendments No . 2 and 3 to Senate Bill 852. 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 a1l voted who wish? Take the record . On that questionz there are 59 Ayes, no Nays, none voting Present. The Senate doesn 't coneur -- does concur in House Amendment No . 2 and 3 to Senate Bill 852, and the biïl, having received the required constitutional majorityz is declared passed. On the top of page 4 of Supplemental Calendar No . is Secretary 's Desk , Concurrence . Senate Bill 855. Senator Donahue. Mr. Secretary . 62  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 53rd Legislative Day May 2lz 1997

I move Eo concur with the House in the adoption of their Amendment No . 1 to Senate Bill 855. The motion, by Senator Donahue .

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Donahue .

Why , thank you , Mr . President . Amendment No . to Senate Bill 855, all it does is allow DCCA a little flexibility in their on-site visit when they 're monitoring a grant. Instead of having to do it before, they can do it as nuch as six months aftery and I would move for its adoption .

PRESIDING QFFICER: (SENATOR DDDYCZ) Is there any discussion? If not, the guestion is, shall the Senate coneur in House Amendment No . to Senate Bill 855 . A ll those in favor will vote Aye. Opposed w ill vote Nay . And the votinq is open. Have all voked who wish? Have all voted who w ish? Have a11 voted who w ish? Take the record . On that question, there are 58 Ayes, no Nays, none voting Present. The Senate does concur in House Amendment No . l to Senate Bill 855, and the bill, having received the required constitutional majority, is declared passed. Senate Bi11 910. Mr. Secretary.

I move to concur kith the House in the adoption of their Amendments l and 2 to Senate Bill 910 . The motion, by Senator Luechtefeld . PRESIDING OFFICER : (SENATOR DDDYCZ) Senator Luechtefeld . SENATOR LUECHTEFELD I Thank you , M r. President . Senate Bill 9l0 set up the Wine Council and Amendment 2 (s1cJ (l) of Senate Bill 910 simply provides that the wine-maker's retail licensee , upon receivin: 63  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 permission from the Liquor Control Commissiony may conduct business at a second location that is separate from the location specified in its wine-maker 's retail license . This, again , Was negotiated with the -- With the distributors . They agree . It passed in the House ll8 to nothing . Would move to concur.

PRESIDING OFFICER : (SENATOR DUDXCZ) Channel 3 requests permission to videotape . Hearing no objection, leave is granted. Is there any discussion? If not, the question is, shall the Senate concur in House Amendments No . 1 and 2 to Sena te Bill 910 . All those in favo r 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. The Senate does concur in House Amendments No. 1 and 2 to Senate Bill 910 , and the bill , having received the required constitutional majority, is declared passed. Senate Bill 942 . Senator Dillard . Senator Dillard . ...Bill 1076. Senato r Severns. M r. Secretary .

I move to concur with the House in the adoption of their Amendments l and 2 to Senate Bill 1076. The motion , by Senator Severns .

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Severns.

Thank you -- thank you , Mr . President, Members of the Senate . Senate Bill 1076 is the bill that we passed out of here w ith the knowledge that we'd have to make some changes in conference committee -- I mean , in -- in the House w ith the amendments . It simply provides that once a principal homeowner has ach ieved twenty-five percent equity in their home, that the private mortgage insurance may be dropped . That is determined to be 64  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 53rd Legislative Day May 2l , 1997 national average savings of one hundred and fifty dollars a month Eo Ehe homeowner . Perhaps it would drop down as low as fifty dollars depending on -- on the value of the home . We lve worked w ith the Illinois Bankers Association , the Community Bankers Association , Mortgage Bankers Association and the Illinois League of Savings Institùtions and the Credit Union League to arrive at agreed language . I know of no opposition. That 's House Amendment 1. House Amendment 2 is simply a technical correction. I Would urge -- a favorable adoption of House Amendment l and 2 to Senate Bill 1076 .

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any d iscussion? Senator Thomas Walsh .

Thank you , M r. President. Wellr I stand in support of -- of the motion made by Senator Severns, and I commend her on her work on this . This is a -- an issue for people who have a little bit more money to put down on their house ; they don 't need to purchase mortgage insurance . But if you don 't, if you put usually less than eighty-percent down on your house , you have to purchase this insurance . Well, there should be a point that they cut it off and I 'm glad that you caught this, and it 's going to end up saving a lot of our constituents money . So -- and I appreciate the work that you did, the support that you got on this z 'cause not everybody was in agreement in the beginning . And I support the motion and Would ask for everyone to vote Aye.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not , the -- the question is, shall the Senate concur in House Amendments No . l and 2 to Senate Bill 1076 . All 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 al1 voted who w ish? Take the record . On that questionz there are 57 Ayes r no Naysz voting Present . And 65  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 the Senate does concur in House Amendments No . 1 and 2 to Senate Bill 1076, and the bill, having received the réquired constitutional majority, is deelared passed. ...to page 3 of Supplemental Calendar No . 1 is Senate Bill 689. Madam Secretary .

I move to concur with the House in the adoption of their Amendments l and 2 to Senate Bill 689. Offered by Senator Donahue.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue .

Thank you , M r. President: Members of the Senate . House Amendments l and 2 deal with allowing units of local qovernment to adopt standards for the hazardous -- hazard signage systems for storaqe, use and manufacture of hazardous material. If you remember, when the bill originally left us, we were tryinq to deal with a -- an audit finding with Illinois Emergency Management Agency , and ehis simply is clarifying . It 's an agreed-to amendment and -- both amendments , and I would ask for the adoption of Amendments No. l and 2.

PRESIDING OFFICER : (SENATOR DDDYCZ) Is there any discussion? If not, the question is, shall the Senate concur in House Amendments No. l and 2 to Senate Bill 689. All those in favor will vote Aye . Opposed W ill vote Nay . The votinq is open. Have all voted who wish? Have a1l voted who wish? Have all voted vho wish ? Take the record . On thae question, there are 59 Ayes , no Nays, none voting Present. The Senate does concur in House Amendments No . l and 2 to Senate Bill 689. All -- and the billz having received the required constitutional majority, is declared passed. With leave of the Body , we will return to the O rder of Secretary 's Desk : : Non-concurrence , House Bills , on the bottom of page 15 of your 66  STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 regular Calendar. W ith leave of the Body , Senator Weaver will handle it for Senator Dudycz. Madam Secretary .

I move to refuse to recede from Senate Amendment No . 2 to House Bill 1215 and request that a conference comm ittee be appointed . Offered by Senator Dudycz.

PRESIDING OFFICER : (SENATOR DUDXCZ) Senator Weaver, for Senator Dudycz. Senator Weaver moves the Senate refuse to recede from the adoption of Senate Amendment No . 2 to House Bill 1215 and that a conference comm ittee be appointed . All those in favor, say Aye. Opposed , Nay . The Ayes have it . The motion carries, and the Secretary shall so inform the House . Resolutions.

Senate Resolution 80r offered by Senator Obama . It is a death resolution .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Obama , on Senate Resolution 80.

Thank you, Mr. President. I Would just ask a -- motion for immediate consideration and adoption of a death resolution, Senate Resolution 80 . This is for someone in my district who recently passed away .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Obama moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Resolution 80 . A1l those in favor, say Aye. Opposed , Nay . The Ayes have it . The rules are suspended . Now Senator Obama 's moved for the adoption of Senate Resolution 80. A l1 those in favor, say Aye . Opposed , Nay . The Ayes have it, and the resolution is adopted . Senator Geo-Karis , what purpose do you rise? 67  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21 , 1997

M r. President and Ladies and Gentlemenz on a point of personal privilege .

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point .

M r. President and Ladies and Gentlemen of the Senate, we have had two gentlemen on my side of the aisle who are going to enjoy birthdays this Week . None other than Senator Stanley Weaver , the - - the pride of Urbana , Illinois ; and another, and the President of the Senate , Senator James 'Ipate 'l Philip . And I don 't know how o1d they are . I Ehink I1m a little older than they are, but I feel much younqer. But let 's give them a good hand .

PRESIDING OFFICER: (SENATOR DUDXCZ) Happy birthday , Senator Weaver. And when Senator Philip comes out , we fll w ish him a happy birthday , also . Resolution .

Senate Resolution 81, offered by Senator Fawell . It is substantive .

PRESIDING OFFICER: (SENATOR DUDYCZ) Messages.

A Message from the House by Mr . Rossiz Clerk . M r. President - I am directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of their amendment to a bill of the following title , to w it : House Bill 1450. I have like Messages on House Bills 1171 and 1641.

PRESIDING OFFICER: (SENATOR DUDYCZ) . . . Watson , what purpose do you rise?

68  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997 Yes . I 'd like a point of personal privilege .

PRESIDING OFFICER: (SENATOR DUDXCZ) State your point .

M r. President and Members of the Senate , we have w ith us today a group fron Selmaville , located in Marion County, Selmaville Grade School, and they 're on the Democrat side of the aisle , and Mark Decker and Elizabeth Schuller, they are with them , and I 'd app reciate them standing and be recognized and welcome to the Senate .

PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized? Welcome to Springfield . po.Reports .

Senator Weaver, Chairman of the Comm ittee on Rules, reports the following Legislative Measures have been assigned : Referred to Education Committee - Motion to Concur with House Amendments and 2 to Senate Bill 529 : referred to Judiciary Comm ittee - Motion to Concur w ith House Amendments No . 2 to Senate Bill 1099 7 referred to Local Government and Elections Committee - Senate Amendment No . to House Bill 729, Motion to Concur with House Amendments 1 and 3 to Senate Bill 2857 referred to Public Hea1th and Welfare Comm ittee - Motion to Concur w ith House Amendments 2 and to Senate Bill 3457 referred to Transportation Comm ittee Motion to Concur with House Amendments l and 2 to Senate Bill 454 7 and Be Approved for Consideration - Motion to Recede from Senate Amendment No . 2 to House Bill 447.

PRESIDING OFFICER : (SENATOR DUDYCZ) senator -- Senator Garcia , what purpose do you rise?

. o o personal p rivilege .

PRESIDING OFFICER : (SENATOR DUDYCZ) 69  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 21, 1997 State your point.

M r. President, I have a double privilege today of recognizing another group of youngsters . I think it 's the eighth-grade class from Corkery Elementary School in the Little Village community . Would they please stand -- rise and be recognized? And would everyone join me in welcoming them?

PRESIDING OFFICER : (SENATOR DUDYCZ) W ill our guests -- will our guests in the gallery please rise ...

Welcome to Springfield .

PRESIDING OFFICER: (SENATOR DUDYCZ) . . . and be recognized? Welcome to Springfield . ...Butlere what -- what purpose do you rise?

Thank you , M r. President . For purposes of an announcement . The Local Government and Elections Committee Will meet at 4 o 'clockz in Room A-l. 4 o 'clock , A-l , Local Government .

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Fawell: what purpose do you rise?

For purposes of an announcement . Transportation Committee will meet at 4:30, in Room 400. 4 :30, in Room 400 .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson, What purpose do you rise?

Thank you , Mr . President . Public Health w ill meet at 4 o 'clock, in Room 400. No? Yes . That is correct for for a quick bit of business.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio , what purpose do you rise? 70  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2l, 1997

Just a point of personal p rivilege . 1 ...

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point .

I'd like to ask Senator Butler a question , if I might. Senator Butler, earlier today you had Senate Bill 69l on Concurrence and it received 55 Yes votes and no Nay votes. It Was your bill. was just curious why you didn't vote. I mean, if you can 't vote for your own stuff, I mean , why do you ask us to?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Butler .

I was overwhelmed with the inportance of that bill, and I just completely was -- my awe overcame my good sense.

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Petersonz what purpose do you rise?

Thank you, Mr. President. For the purposes of an amendment. The Revenue Committee Will meet tomorrow morning , at 8 :30 , in Room 400. 8 230 , Room 400 . That was an announcements not an am endment.

PRESIDING OFFICCR: (SENATOR DUDYCZ) For the Members on the Education Committee also, the Education Committee Will be meeting at 4:30, in Room 212, today. 4:30 today . Senator Sieben , what purpose do you rise?

For the purpose of announcement . Thank you . The Senate Ag Committee will meet tomorrow morning, at 8:30, in Room l (sic) (A-l). Senate Aq, 8:30 tomorrow morning.

PRESIDING OFFICER: (SENATOR DUDYCZ) . . o information of the Membership, we have effectively concluded the business of the day. We are just waiting for 71  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2ls 1997 paperwork to be coming over from the House. For your information we will be -- we will be com ing back at 9:30 tomorrow no rning . We are not going to adjourn at this moment. Still waiting for some paperwork, but we have effectively concluded the business of the day . Messages from the House .

A Message from the House by M r. Rossi, Clerk . Mr . President - I am directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of their amendments to a bill of the following title , to wit : House Bill 23, with Senate Amendments l and 2 . Nonconcurred in by the House , May 21st , 1997. We have a like Message on House Bill 379 with Senate Amendments l and 2 , and House Bill 1121 with Senate Amendment 1 . Also nonconcurred in by the House, May 21st, 1997 . Another Message , on House Bill 526. Mr . President - I am directed to inform the Senate that the House of Representatives has concurred With the Senate in the adoption of their anendment of a bill of the following titler to wit: House Bill 526 , With Senate Amendment I lm further directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of the following amendment: Senate Amendment 2 . Action taken by the House , May 21st , 1997 .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson, what purpose do you rise?

Purpose of an announcement , Mr. President . Tomorrow morning at 9 o 'clock, in Room 400, will be a Senate -- brief Senate 72  STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 53rd Legislative Day May 2lz 1997 Judiciary Committee meeting .

PRESIDING OFFICER: (SENATOR DUDYCZ) There any further business to come before the Senate? If not: Senator Radogno moves the Senate stand adjourned until 9:30, Thursday , May 22nd . 73 REPORT: TIFLDâY STATE OF ILLINOIS 97/07/31 PAGE: 001 90TH GENERAL ASSEHBLY 12:39:44 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX HAY 21, 1997 HB-0470 REFPSE T0 RECEDE HB-1215 REFUSE T0 RECEDE HB-1887 REFUSE T0 RECEDE HB-216M REFDSE T0 RECEDE H8-2209 REFDSE T0 RECEDE SB-0006 CONCURRENCE SB-0021 CONCURRENCE SB-0071 CONCDRRENCE SB-0106 CONCDRRENCE SB-0106 NON-CONCURRENCE SB-0218 NON-COKCURRENCE SB-0307 CONCBRRENCE SB-0315 CONCPRRENCE SB-0316 CONCURRENCE SB-O34T CONCURRENCE SB-0348 NON-CONCDRRENCE 58-0366 CONCURRENCE 58-0368 CONCURRENCE . SB-O369 CONCURRENCE SB-0381 CONCDRRENCE SB-0381 NON-CONCURRENCE :8-0408 NON-CONCURRENCE sB-0418 CONCDRRENCE SB-0k37 CONCDRRENCE SB-0500 CONCURRENCE SB-0509 CONCURRENCE SB-0521 NON-CONCURRENCE SB-0561 CONCDRRENCE SB-0681 NON-CONCURRENCE . SB-0689 CONCDRRENCE SB-0691 CONCURRENCE SB-0691 DISCUSSED SB-0710 CONCURRENCE 58-0777 CONCURRENCE SB-0780 CONCURRENCE 58-0789 CONCURRENCE 58-0789 NON-CONCURRENCE 58-0852 CONCURRENCE 58-0855 CONCURRENCE SB-O910 CONCURRENCE 58-0999 CONCURRENCE SB-1076 CONCURRENCE :R-0080 ADOPTED SR-0080 RESOLUTION OFFERED SR-0081 RESOLUTION OFFERED SUBJECT HATTER SENATE T0 ORDER-SENATOR GEO-KARIS PAGE 1 PRàYER-PâSTOR GERALD NICHOLS PAGE 1 PLEDGE OF ALLEGIANCE-LED BY SENATOR SIEBEN PAGE 1 JOURNAL-APPROVED PAGE 1 JOURNALS-POSTPONED PAGE 1 COMMITTEE REPORTS PàGE 2 INTRODVCTION OF GPESTS-SENATOR KâTSON PAGE 13 GUEST SPEAKER-COACH JOHN REED PAGE 111 MESSAGES FROX THE HOUSE PAGE 68 COMMITTEE REPORTS PAGE 69 HESSAGES FROM THE HOPSE PAGE 72 ADJOVRNMENT PàGE 73