Illinois General Assembly Floor TranscriptsBrowseSenate90th GA

Illinois Senate Floor Debate — June 1, 1997

90th General Assembly (1997-1998) · Legislative day 61 · Regular Session
Chamber
Senate
General Assembly
90th (1997-1998)
Date
June 1, 1997
Legislative day
61
Session
Regular Session
Speaker turns
350
Original
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PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) We dre on today 's regular Calendar , page 4, top of the page r House Bills 3rd Reading. Senator Philip seeks leave of the Body to return House Bill 1696 to the Order of 2nd Reading fo r the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1696 . Senator Klemm , I understand you 're going to address the bill, sir. Senator. Mr . Secretary , please read the bill. M r. Secretary , are there any Floor amendments approved for consideration?

SECRETARV HANRY

Amendment No . offered by Senators Klemm and Burzynski.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Klemm .

SENATOR KLEMM

Thank you , Mr. President. This creates the Local Option Property Tax Reduction Act . It allows voters of a school district to vote by referendum on on whether they w ish to impose a local income tax for schools and have a hundred percent of that tax used to abate real estate property tax . It is revenue-neutral . The maximum rate is capped at two percent and can be voted on in o/e-quarter-percent increments. It includes individuals and corporations. The tax can be repealed , decreased or increased , but only by voter referendum . 1111 answer any questions, and I do ask for your adoption.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) There any discussion? Senator Demuzio .

SENATOR DEMUZIO

I 'd like to ask the sponsor a question, if I might.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) 1 I STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 Sponsor indicates he lll yield . SENATOR DEMUZIO : Mr . Sponsor, can you tell me what is the immediate effective date of -- of your bill? PRESIDING OFFICER : (SENATOR WATSON ) Senator Klemm . SENATOR KLEMM : Upon becom ing law , I believe . PRESIDING OFFICER : (SENATOR WATSON) I 'm sorry . I -- I don 't believe we ... Senator Klem . SENATOR KLEMM : Upon becom ing law . PRESIDING OFFICER : (SENATOR WATSON ) Senator Demuzio . SENATOR DEMUZIO : Then, an inquiry of the Chair, if I may . Well, first of all, let me indicate that this is a Jim Edgar plan of twenty years ago . I can remember When Jim Reilly and Jim Edgar went down to the Blue Room twenty years ago and -- With this local district income tax, and it was a big controversial and innovative program at -- at that point . And why We aren 't debatinq J im Edgar 's program f rom two days ago is beyond my wildest imaqination , that we would be debating the Jim Edgar program of -- of twenty years ago . I might ask a parliamentary inquiry of the Chair . PRESIDING OFFICER: (SENATOR WATSON) Yes , sir . Go right ahead . SENATOR DEMUZIO : Since it is now past 12 , it has an immediate effective date , can you tell me the number of votes that are necessa ry for this bill to be -- to be effective im ediately? PRESIDING OFFICER : (SENATOR WATSON ) Yes . Our Constitution would require thirty-six votes . 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 Further discussion? Senator Collins .

SENATOR COLLINS

Yeah . A question of the sponsor g please .

PRESIDING OFPICER (SENATOR WATSON)

PRESIDING OFPICER : (SENATOR WATSON) Sponsor indicates he 'll yield , Senator Collins.

SENATOR COLLINS

Senato r, in -- in -- in committee , we had -- we heard testimony talking about the difficulty of the implementation of this kind of tax, and I'd like to just ask several questions here of you . The first question is the creation of the Local Property Tax and Reduction Fund (sic) and the Local (Option) Property Tax Reduction rund to deposit in income tax revenue and to refund the tax overpayment. Now , in most of the bills that have been created prior to this particular bill, there were, like, two different, separate funds . And -- and under your bill, it seem s as though, from the staff analysis - and, you know, we just :ot this bill; everything comes at the last minute - could you tell me whether or not you have both of those funds in one fund or are they separate funds?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON ) Senator Klemm .

SENATOR KLEMM

I 'm really not clear on what your question is . It does go to a Local Option Property Tax Reduction Pund . There Is another fund for abatements or refunds that is created, similar to what we do under the State Illinois Income Tax Act . So it -- it mirrors that . But I don 1t know what fund . Each school district would have their own fund , obviously .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON ) Further discussion? Senator Collins .

SENATOR COLLINS

Yes . Okay . In -- in the time f rame that we talk about the 3 l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 Department of Revenue to certify the amount to each school district with -- by June 1st, and then we give them ten days - okay? - after that, what if -- let's just presuppose and that will never, ever happen , and I hope this bill doesn 't pass - that every school district in *he State decided to actually adopt this p roqram and that the citizens, after passing the referendum -- would -- would -- would pass the referendum to institute this kind of funding -- school funding and tax rebate p rogram .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm .

SENATOR COLLINS

How could the ...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) I beg your pardon. I interrupted the lady. Excuse me. Senator Collins, proceed.

SENATOR COLLINS

Yes. Hok would ehey be able to actually Make the certification and get the money back out to the school districts in the time period that you allowed in this bill?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm .

SENATOR KLEMM

Well, it appears as if the Department of Revenue would have no problem hav ing that completed by June 15th , but I îm glad you mentioned that: there Would be such an outpouring of support that the voters al1 over Illinois, as you had said r would pass such a reduction of p roperty tax . To create such a dilemma that you dre preseneing r we can handle it, but I think it 's a good testimony of your support of this p rocedure because you really expect the school districts to be passinq that , by the voters. Now , it 's not the school district; it 's the voters of that school district determ ininq for themselves . Some school districts may not want 4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 it . That 's their choice . That 's the nice thing about it. And it keeps local control, and it keeps those local dollars in their schools .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Collins .

SENATOR COLLINS

Senator, the way Ehis bill is d rafted , is there new funds fo r the schools? Even if the referendum passed , Would there be an additional, new money for the school? thought you had a fifty-fifty swap here .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm .

SENATOR KLEMM

Does -- it does not create new funds , 'cause it is revenue neutral.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Collins .

SENATOR COLLINS

So -- so what -- what we have before us really is not additional money for education for the schools. In other words, we go to the voters, we put a referendum out there and we tell them that you fre raising money to fund your schools - income tax . But in -- in reality , you dre not talking about add itional monies for the schools because you dre goin: to rebate the money on a fifty-fifty swap from propprty taxes.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Klemm .

SENATOR KLEMM

Noe we do not tell people that is an additional tax for more money for schools because it is not. It is simply trying to replace dollars , if you will, from the property tax to an income tax . It 's as simple as that . There 's no additional monies that 5 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 the taxpayers w ill g ive to the school districts, more than they dre receiving now .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator -- Senator Collins. Excuse me .

SENATOR COLLINS

Well -- well, Senator, it Would appear to me that if -- if what we Wanted to do , or what you wanted to do , if the goal is to reduce reliance on property taxes, Why do We have to go through this complicated procedure to do so? It would be very , very simple to just simply reduce or lower the cap in terms of property taxes for the school. You -- we dpn 't have to go through all of the technical kinds of -- of machinations that you have in this particular bill to do so . And I think the people , if you put forth such a referendum , it probably wouldn 't pass. If you -- if you put that referendum through based on increasing funding for your schools, may pass . I think this is -- Senatorz this is a bill that time has not come -- yet come and we should just put to sleep and go back , start all over again next fall -- this fall apd come up With a real meaningful educational funding reform .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Jones .

SENATOR JONES

Yeah . Thank you r Mr. President. W ill the sponso r yield?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates helll yield, Senator Jones.

SENATOR JONES

Senator Klemm , you stated in comm ittee, and perhaps you can state it here on the Senate Floorr that the -- the survey that you did of your district, just like I did, and could you repeat that this is a property tax cut based on the survey that you d id of your district? Could you tell the Body what you discovered during your survey? 6 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm .

SENATOR KLEMM

Well, my -- my survey indicated that, within a decade, the voters in my district had felt that an income tax was a better way of fundin: education in their district for their schools than property tax . And that 's why , Senator Jones , this is such a unique opportunity: to allow thlse voters in my district to decide for themselves if they wish to impose that upon them . Now : it did not have any indication of Whether your district wants to impose it fo r your voters or anybody else downstate or anyplace else , but in my pollse it indicated , yes, they would be interested . And after they allowed the debate, whether it has merit or not , the voters would then decide whether they wish to impose that or not . They could reject it or they could turn it down. But that Was what my poll had indicated. So it does show interest tn some districtsz yes.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones .

SENATOR JONES

Well, I did the similar survey and the survey of my district also indicated the same thing . And I 'm quite sure in any other district in the survey that was done by the Governor in proposing the State income tax and -- to cut property tax , it did indicate that the people wanted property tax cut and shifted to a State income tax . They would p refer that . And -- and now we stand here on June l , 1997 , and at this late hour , when all the -- the debate yesterday , or the day before: was that the people did nok want property tax relief, they don't need it. And -- and you just confirmed -- you just confirmed my belief and the belief of the Governor and the belief of many other people that we should shift to the State income tax . But , unfortunately - unfortunately - 7 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 this bill only will shift the burden from corporakions to individuals. This would be a big windfall for corporations because what it would do is shift the burden of financing education to the individual taxpayer. And even if they did it by referendum , but if they were not knowledgeable of such y the burden w ill shift . And so , againr this is a very poorly conceived idea . It is it is ill-timed , and the righE ackion should have been taken on May 30th, when we could have really did something about education . But this bill is only designed to try to cover the mistakes that were made on the other bill to raise the income tax and cut property tax . So I urge a No vote on the -- for the Members on this side of the aisle.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Well, let's remind the Members that this is just the amendment , and we now have Senator Klemm to close on the amendment.

SENATOR KLEMM

Well, thank you very much . But the two previous speakers really probably misinterpreted, maybe, what I said or khe reading of what the amendnent doesz because: first of all, to reduce the cap of the rates that schools do and not allow them to at least recover that through an income tax would certainly pull the rug out from those school districts on the very rate that the voters said they could tax themselves at. So that would not be a very viable procedure, unless, of course, you Want to destroy your local schools , and I don lt think that was your intent. If I don 't include corporations , what would happen is that the individual taxpayers - your senior citizens, your other people that really have some limited income - would end up having to pay perhaps an incom e tax and having then the property tax being reduced ; which goes to corporations that own property . So you 're saying what you really want them to do is have the individuals pay an income tax 8 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 to reduce the property tax of corporations . I don 't believe that, and I own a corporation . I pay real estate taxes , and I think, as a corporation , as a responsible businessman, I have an obligation also ko pay education . So that 's the reason we included them both . And I think I need your support because think this is an important bill to allow voters to determine whether you wish to get off property tax and , at least , abate some of that for your p roperty tax relief. Thank you .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) All those in favor of the amendmentz say Aye . Opposed , Nay . The Ayes have it , and the amendment is adopted . Any any further amendment -- Floor amendments approved ...

Harry (surname or first name uncertain)

No further amendments reporked .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) 3rd Reading . Senator Klemm , on the Order of 3rd Reading , we have House Bill 1696 . Mr. Secretary , please read the bill.

SECRETARY HANRY

House Bill 1696. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm .

SENATOR KLEMM

Well, the amendment became the bill. We just explained it. I do ask for your favo rable vote .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Cullerton.

SENATOR CULLERTON

Sponsor yield? Would the sponsor yield? What's the effective date of this bill, Senator Klemm?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 For the second time , Senator Klemm .

SENATOR KLEMM

Upon becoming law .

PRESIDING OPPICER (SENATOR WATSON)

PRESIDING OPPICER: (SENATOR WATSON) Senator Cullerton .

SENATOR CULLERTON

How many votes does this bill need?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) For the second time , it 's 12 :14 on June 1st, and as a result of our Constitution , it will take thirty-six votes . Senator Cullerton , further discussion? Further discussion? Senator Geo-Karis .

SENATOR GEO-KARIS

Mr. President and Ladies and Gentlemen of the Senate, maybe this isn 't the perfect bill, but I told my people back home, Who are definitely opposed to raising income tax by us , that I would do my best to provide a means for then to determine by themselves whether they want to raise their income tax and whether they want to lower their p roperty tax . This bill does that. This qives the opportunity to the voters of the school district. Those voters can decide. They should make the decision and then the money will stay there , not come to Timbuktu; they dll stay there where they can be used. And that -- itds strictly up to the voters. I think we should give the voters of that school d istrict the right to determ ine what they want to do in raising their income tax and how much and what they want to do about lowering their real estate property tax. They should have that option . And I can tell you this : I called about thirty to forty people from ny district who are definitely opposed to raising income tax by us, and they all thought this was a good idea, to give them the right to make the decision, and I speak in favor of the bill .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1, 1997 Further discussion? Senator Jacobs .

SENATOR JACOBS

Thank you, Mr. President. 1'11 be brief. Senator, I'm just amazed, I guess, if nothing else, that that side of the aisle can come up with anything that has the word ''income tax'' in it. I urge a No vote .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Philip .

SENATOR PHILIP

Thank you , M r . President, Ladies and Gentlemen of the Senate . I have some friends who reside in Indiana - Indiana 's one of those states that allows the local option - and they live in a suburban area in Indiana . And will tell you one thing : They are from Illino is . They like the system . The system Works Well . They have a good school system . And -- and I would suqgest that we ought to th ink about this. This was the Governor 's idea his first year that he Was in the Illinois House of Representatives . As you know , Senator Woodyard , when he was here , it was one of his ideas. The one thing I like about ity you let the local people decide what they want to do with their income tax money in regards to their real estate p roperty -- high property taxes. So I think it 's a good idea . We 've talked about it a lot. We lve debated about it a lot. And remember this: The money stays in your district, in your school district. So I 'd like to see a 1ot of green votes up there.

PRESIDING OPFICER (SENATOR WATSON)

PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Further discussion? Seeing none, Senator Klemm , to close. The question is r shall House Bill 1696 pass . All those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have all voted who Wish? Have all voted who W ish? Take the record . On that question , there are 26 voting Yesg 32 voting No , no voting Present . House Bill 1696 , 11 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 having not received the required three-fifths majority, is declared failed . Messages from the Houseg Mr. Secretary.

SECRETARY NAQRY

Message from the House by Mr. Rossi, Clerk . Mr. President - am directed to inform the Senate that the House of Rep resentatives has concurred with the Senate in the passaqe of a bill of Ehe following title , to wit: Senate Bill 9, together with House Amendment No . 2 . Passed the Houser as amended , May 31st, 1997. Message from the House by Mr. Rossi, Clerk . Mr . President - I am directed to inform the Senate that the House of Representatives has refused to recede from their Amendments numbered l and 2 to a bill of the following titler to wit: Senate Bill 797 . And I am further directed to inform the Senate that the House of Representatives requests a Pirst Comm ittee of Conference . Action taken by the Housez May 31st, 1997 .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Without objection, the Senate accedes from (sic) the request of the House for conference committees on those bills just read by the Secretary . Leave is granted . We dre on Supplemental Calendar No . 4, dated Saturday , May 31st. Supplemental Calendar No . 4 , m iddle of the page z is House Bill 1887. With leave of the Body , we'd like to go to that order. Leave being granted . Mr . Secretary .

Harry (surname or first name uncertain)

First Conference Committee Report on House Bill 1887.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.

SENATOR KARPIEL

Thank you, Mr . President . I -- move to nonconcur -- is 12 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1, 1997 that? O r, urge a No vote on this . We want -- we want to dump this Conference Committee Report .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Everybody understand the -- the action asked for by the sponsor? She wishes to dump this roll call, so she 's asking for a No vote . Mr . Secretary g the question is, shall the Senate adopt the Conference Conm ittee Report on House Bill 1887 . Those in favor, vote Aye . Opposed , vote No . The voting is open . Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record . On that questiony there are none voting Yes, 51 voting No , and 3 voting Present. The Conference Committee Report is not adopted, and the Secretary shall so inform the House . Second report has been requested . We dre still on the Supplemental Calendar No . 4. Senate Bill 473. Senator Syverson . Mr. Secretary , please read the ...

SECRETARY HADRY

First Conference Committee Repo rt on Senate Bill 473 .

PRESIDING OFPICER (SENATOR WATSON)

PRESIDING OFPICER : (SENATOR WATSON) Senator Syverson.

SENATOR SYVERSON

Thank you , M r. President , Members of the Senate . This is a piece of legislation that we have seen three times in this -- in this Chamber. It has changed a number of times . We have noW listed six circuit judges across the State that have been added on this -- on this p iece of legislation . It 's my understanding that the others that have been added since then have been able ko show justification for their needs. Be happy to answer any questions, otherw ise ask fo r a favorable roll call .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? This is an immediate effective date and thirty-six votes wtll be required. The question is, shall the Senate adopt the Conference Committee Report on Senate Bill 13 STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 61st Legkslative Day June 1, 1997 473. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted Who wish? Have al1 voted who wish? Take the record . On that question, there are 57 voting Yes, no voting No , 1 voting Present. The Senate does adopt the Conference Comm ittee Report on Senate Bill 473, and the bill, having received the required three-fifths majority, is declared passed . We are now on Supplemental Calendar No . 5 . It 's still Saturday , May 31st. We 'd like to stand at ease while the Rules : Committee has a quick meeting . (SENATE STANDS AT EASE) (SENATE RECONVENES)

PRESIDING OPFICER (SENATOR WATSON)

PRESIDING OPFICER: (SENATOR WATSON) Comm ittee Report, Madam Secretary .

ACTING SECRETARY HAWKER

Senator Weaver, Chairman of the Committee on Rules , reports that the following Legislative Measures have been assigned : Refer to Executive Comm ittee - Motion to Concur with House Amendments and 3 to Senate Bill 747 , Conference Comm ittee Report No . l to Senate Bill 1101 , Conference Comm ittee Report No . l to Senate Bill 271, Second Conference Comm ittee Report on House Bill 1887, and First Conference Committee Report on Senate Bill 797.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) We 're still on Supplemental Calendar No . 5. We dre starting at the top . Madam Secretary r please read the bill . Secretary 's Desk , Concurrence, Senate Bills. Read the motion , Madam Secretary .

ACTING SECRETARY HAWKER

14 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1, 1997 move to concur with the House in the adoption of their Amendment No . l to Senate Bill 54 . Offered by Senator Mahar.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Mahar .

SENATOR MAHAR

Thank you , Mr . President . The Senate Bill 54, as it left the Senatez adds a prospective clause to local sitinq p rovisions precluding the siting of a sanitary landfill or waste disposal site within the boundary of a àundred-year floodplain. The House has added three exceptions r and they are : a sanitary landfill or waste disposal site inikially perm itted for development or construction by the EPA before the effective date; a sanitary landfill or waste disposal site for Which local siting approval has been granted and befo re the effective date; and the area of expansion beyond the boundary of a currently perm itted sanitary landfill or waste disposal site , provided that the area of the expansion is, on the effective date of this Act , owned by the owner or operator currently siting or perm itted sanitary landfill or waste disposal site to Which the area of expansion is adjacent.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Any discussion?

SENATOR MAHAR

Know of no opposition .

PRESIDING OPPICER (SENATOR WATSON)

PRESIDING OPPICER : (SENATOR WATSON) Senator Welch .

SENATOR WELCH

Question of the sponsor.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Sponsor indicates he 'll yield , Senator Welch .

SENATOR WELCH

Senator Mahar, those were pretty specific requirements . Could 15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 you tell me where this landfill is that this bill deals with? Is there a particular landfill , and if so , who owns it and where is iE?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Mahar .

SENATOR MAHAR

There 's there 's eleven sites that apparently are al1 or part in a landfill. It is not one particular site .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch .

SENATOR WELCH

I didn 't hear the first part of what you said . When you began your introduction , did you say that this Would allow for landfills to be sited in floodplains in some area, or did I hear Wrong?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Mahar.

SENATOR MAHAR

The no e I'm sorry . The bill, as it left the Senate , precluded a landfill from being sited in a hundred-year floodplain .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch .

SENATOR WELCH

So -- so this allows expansion in -- in what cases? What were the criteria?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Mahar.

SENATOR MAHAK

It allows -- it allows expansion -- for existing - for existin: - that have already been sited by the EPA or locally sited or wish to expand that are already in a floodplain and w ish to expand outside of the floodplain. 16 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1997

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing none, the question is - and this is final action - shall the Senate concur in House Amendments No . l to House -- to Senate Bill 54. Those in favor, vote Aye . Opposed , vote No . 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 54 voting Yes, no voting No# l voting Present. The Senate does concur in House Amendment No . l to Senate Bill 54, and the -- and , having received the required three-fifths majority, is declared passed. Moving right along, we have Conference Committee Reports. Please be ready . We begin with Senator Rauschenberger, go to Senator Hawkinson, back to Rauschenberger, Luechtefeld , and so forth . So we beqin at the top there, Conference Committee Reports, House Bill 353. Madam Secretary .

ACTING SECRETARY HAWKER

First Conference Committee Report on House Bill 353 .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you , M r. President r Ladies and Gentlemen of the Senate . Senate Bill -- or, Conference Committee Report to House Bill 353 deals with five small issues that We had over the course of the Session in the Local Government Comm ittee . The first one perm its a township in Kane County to incorporate if it has its county ls approval of its finance plan , but it must petition to do so before January 1st, 2000. The second provision adds new language to the Municipal Code to state that when two corporate -- well , that a municipality may pass through the corporate boundaries of another municipality to connect to a sanita ry sewer when their treatment plant is under sanction by the IEPA . The third element of this bill perm its townships to hire attorneys to represent the highway 17 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 commissioners in those townships. The fourth one amends the Downstate Forest Preserve District to perm it counties w ith less than Ehirty thousand people to continue to appoint forest p reserve commissioners . And the last element in the bill changes -- or, defines the term ''public safety'' to be -- include , but is not lim ited to , fire fighting , police , medical , ambulance , and other and/or other emerqency services. These are all small elements that peop le have needed over the course . We lve Worked hard on them . I 'd appreciate a favorable vote .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Lauzen .

SENATOR LAUZEN

Just a question for the sponsor .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Sponsor indicates he 'll yield , Senator Lauzen.

SENATOR LAUZEN

In Kane County , does it have to do With a specific location or , you know , a village? And what would be the Kane County Board 's position on the bill?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Yes , Senator Lauzen, it has to do With Big Rock Township , which is in the southwest corner. It 's hard for me to remember anymore tonight. Originally the bill -- the Kane County Board was very uncomfortable with . It -- it left no authority for Ehe Kane County Board to approve the township 's desire to incorporate . We wo rked directly with -- through the Metro Counties with the Kane County Board, and to the best of my knowledge , they 're now comfortable with the language. It permits them to financially evaluate whether Big Rock should incorporate .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 Is there any fu rther discussion? Seeing none, the question is , shall the Senate adopt the Conference Committee Repo rt on House Bill 353 . All those in favorr vote Aye . Opposed , vote No . The voting is open. Have all voted who w ish? Have all voted who w ish? Have all voted who wish? Take the record . On that question, there are 56 voting Yesr 2 voting No , no voting Present . The Senate does adopt the Conference Committee Report on House Bill 353, and the bill, having received the required three-fifths majorityr is declared passed. House Bill 581. Senator Hawkinson. Madam Secretary , do we have a conference committee?

ACTING SECRETARY HAWKER

Yes. First Conference Comm ittee Report on House Bill 581 .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

SENATOR HAWKINSON

Thank you , Mr . President . This has eight provisions in it . The first provision was House Bill 521, sponsored in the Senate by Senator Jacobs. It 's the sales tax exemption, add ing to farm machinery and equipment the hoop houses used for Wintering plants - again , Senator Jacobs. It passed the House, Was held in Senate Rules. The second provision was Senate Bill 370, which passed the Senate , was killed in House . This is the rolling stock exemption to include items shipped by motor . It was proposed by UPS . The next provision expands the Senior C itizens Real Estate Deferral Tax Act to include disabled persons. Next provision deals with county commissioners and the board of review having to meet exam ination requirements . Fourth provision dealt with Rep resentative Leitch 's bill on expanding the definition of a ''vegetative filter strip '', which was part of Lieutenant Governor Kustra 's river recommendations . Provides the homestead exemption remains in effect for the entire year if there 's a sale durin: the year. The sixth p rovision extends to a11 counties the Cook County 19 h.. SQATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 bill, in Senate Bill 5l, which allows certificates of errors for senior citizens' assessment freeze exemptions. The last provision is a county public safety provision , which is technical , to allow a separate fund where there 's been a referendum approval for a correctional facility. Be happy to try and answer questions. Realize this is a large bill , but I think I 've explained it.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Further discussion? Purther discussion? The question isr shall the Senate adopt the Conference Committee Report on House :ill 581. Those in favo r, vote Aye. Opposed , vote No . The voting is open . Have all voted Who wish? Have al1 voted who wish? Have a1l voted Who wish? Take the record . On that question, there are 56 voting ïes, no voting No, no vottng Present. Uhe Senate does adopt the Conference Committee Report on House Bill 581, and the bill, having received the required constitutional three-fifths majority, is declared passed. House Bill 1171. Senator Rauschenberger. Madam Secretary, do we have a conference committee report?

ACTING SECREQARY HAWKER

Yes. First Conference Conmittee Report on House Bill 1171.

PRESIDING OFPICER (SENATOR WATSON)

PRESIDING OFPICER: (SENATOR WATSON) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Thank you z M r. President , Ladies and Gentlemen of the Senate . House Bill 1171, the Conference Committee Report, deals with the General -- the General Obligation Bond authorization for IDFA , the Illinois Development Finance Authority . This is an Authority that assists local governments in industrial concerns in municipalities in issuing bonds. They pool the bonds and -- and achieve lower interest rates because they're a -- administrative arm of State government . It is not an obligation of the State of Illinois . They trade at slightly higher than regular Illino is General 20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 Obligation Bonds. A unique part of IDFA is they receive an allocation from the Internal Revenue Service Eo issue Illinois ' allocation of tax-free -- federal tax-free bonds. Their authorization is all but exhausted. They need this increase in authorization . I 'd appreciate favorable support .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Senator Lauzen .

SENATOR LAUZEN

A question for the sponsor.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he lll yield , Senator Lauzen .

SENATOR LAUZEN

Just -- could you tell me about what the amount of the principal , what the authorization is? And away from Whom does this financing -- I mean , who loses when this money is allowed to be raised through this source?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Senator Lauzen, -- let me start with the second question first . Probably there would be some loss to bond attorneys , because most of the people that IDPA works with would issue -- and I can see Senator Carroll watching me carefully now , making sure I'm taking ca re of the bond attorneys . Most -- for example , U-46 School District up in the Elgin arear rather than taking their individual build inqs to bond and hiring a bond attorney and issuing bonds as a school districtr pooled the bonds in an -- in an IDFA issue, so it meant that they achieved , I don 't know , five - - fifty or sixty lower basis points - you probably understand that better than I do - over the life of a school bond . I guess that was a significant amount of money . I think the size of the authorization is about l .3 billion dollars. That 's divided up 21 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 6lsk Legislative Day June 1 , 1997 into five categories : environmental, commercial, industrial, not-for-profit - and I'm tryinç to remember the number -- or, the fourth . The allocations are in the range of about four hundred million per in the two larger.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Further discussion? Senator T rotter.

SENATOR TROTTER

Thank you very much y Mr. President . Just a coup le questions of the sponsor . Senator...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he 'll yield , Senator Trotter.

SENATOR TROTTER

Thank you. Senator Rauschenberger: where did this bill come from?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

From the Illinois Development Finance Authority . Harry Seigle is the current chairman. He lives in my district. He brought me the bill in January . We had it out and about and , as with a11 bond authorizations, we weren 't sure how much they needed , and we dve finally gotten some reliable information that they have used up most of their authorization .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Trotter .

SENATOR TROTTER

You said this has been out since January. When did you get this information, sir? We -- we don 't have an analysis or any information on this bill Whatsoever.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

22 STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 Senator , you 're right. I don 't have information either . was kind of searching about trying to remember exactly what Ehe authorizations were. Oh! I am reliably joined by my House sponsor, who is qoing to give me some -- maybe we can brin: one of these over to you . Would -- would people be more comfortable if took it out of the record for a few m inutes? Let me take it out of the record .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Please take the bill out of the record , Madam Secretary . House Bill 1230. Senator Luechtefeld . Madam Secretary r do we have a conference committee report?

ACTING SECRETARY HAWKER

Yes . First Conference Committee Report on House Bill 1230.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Luechtefeld .

SENATOR LUECHTEFELD

Thank you : M r. Chairman, Members of the Senate. Conference Committee on House Bill 1230 : Simply , the Senate recedes from the Senate amendment and changes two parts of it. One simply says that the -- changes the date to June 1st, 19977 the other adds an immediate effective date . This -- this particular bill has to do with the study done on the impact, the economic impact, of the zone -- new ozone regulations , and would would ask a favorable vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Any discussion at all? Question is, shall the Senate adopk Ehe Conference Committee Report on House Bill 1230. All those in favor, vote Aye. Opposed, vote No. The voting is open . Have all voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record . On that question , there are 56 voting Yes , no voting No , no voting Present. The Senate does adopt the Conference Committee Report on House Bill 23 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 1230 , and the bill, havinq received the required constitutional three-fifths majority, is declared passed. House Bill 1374. Madam Secretary : do we have a conference committee report?

ACTING SECRETARY HAWKER

Yes. First Conference Committee Report on House Bill 1374 .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Walsh .

SENATOR T . WALSH

Thank you, Mr. President. The Pirst Conference Committee to House Bill 1374 does several different things . First of all, it gives temporary quick-take to -- authority to the Village of Elmwood Park. It amends the Municipal Code to add the requirement that only in counties with a population between seven hundred and fifty thousand and two m illionr which is Dupage County , any territory to be disconnected from a municipality shall be contiguous only to an unincorporated territory . It authorizes Joliet Junior College to have delivered and to sell alcoholic liquor on their two campuses at which the Culinary A rts Department has a location . It amends the Municipal Code to -- to make an exception w ithin the Tax Increment Finance Allocation Act. It -- and it creates a neW Act cited as the County Economic Development Project Area Tax Incremation (sic) (Increment) Act of 1997. I'd be happy to answer any questions .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Any discussion? Senator Burzynski.

SENATOR BURZYNSKI

Thank you; Mr. President. I'd just like to point out to the Body that this does expand the TIF powers and TIF legislation in the State of Illinois, creating county TIFs now, rather than just municipal TIFs, and I think that the Body should be aware of that . And I would encourage a No vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 24 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 Is there any discussion? Any further discussion? Senator Welch .

SENATOR WELCH

Yes. I'd just like to respond to Senator Burzynski. This creates a TIP in a county that 's goinq to allow us to garner over a hundred jobs, and if we don't create it tonight, theylre going to Ames, Iowa. So that's the choice: Do you want jobs in Iowa, or do you want jobs in Illinois? It's that simple. It's one TIF. It 's specified for a specific area . Doesn 't apply to anybody else . That 's al1 it is , and it 's not in Senator Burzynski 's district so he's not going to have to worry about it. So I would urge an Aye vote .

PRESIDING OFPICER (SENATOR WATSON)

PRESIDING OFPICER : (SENATOR WATSON) Further discussion? Senator Radogno.

SENATOR RADOGNO

I -- I have a question about the last comment . In our analysis this suggests that , based on the description , this would open it up to fifteen counties; that even though it 's intended for a particular county, it opens it up.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is that a question of the sponsor?

SENATOR RADOGNO

Well, it's a question of whoever can answer that. Is that the case?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh , to answer the concerns of Senator Radogno .

SENATOR T . WALSH

I 'd yield to Senator Welch , if ...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch .

SENATOR WELCH

. . . bil1 specifically says ''non-urban county'' means a county -- 25 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1, 1997 this is on page 9 of the bill . A ''non-urban county '' means a county which, on the date the corporate authorities of the county esEablish an economic development project area as provided in this Act, number onep it doesn't have a population of less than thirty (thousand) or in excess of thirty-eight (thousand), and number two , in which not more than twenty-five percent of the total employees of p rivate nonfarm establishments were engaged in manufacturing during the previous calendar year. That specifically limits it to Grundy County.

PRESIDING OPFICER (SENATOR WATSON)

PRESIDING OPFICER: (SENATOR WATSON) Senator Radogno .

SENATOR RADOGNO

Thank you. I understand that that is the intent of it, but my question is, are there any other counties that this would app ly to? According to our analysis , there are as many as fifteen, depending -- counties that could possibly meet those requirements.

PRESIDING OPPICER (SENATOR WATSON)

PRESIDING OPPICER : (SENATOR WATSON) Senator Welch .

SENATOR WELCH

The answer is, there are probably fifteen counties between thirty thousand and thirty-eight thousand in population. So to that extent, it would apply to more . However, there ls a second qualification and that is : nin which not more than 25% percent of the total employees of p rivate nonfarm establishments were engaged in manufacturing during the previous calendar year, as certified by the Illinois Department of Employment Security .'' So that 's what limits it to just this one eounty.

PRESIDING OPFICER (SENATOR WATSON)

PRESIDING OPFICER: (SENATOR WATSON) Purther discussion? Further diseussion? If not, Senator Walsh , you w ish to close?

SENATOR T . WALSH

Just a favo rable vote . 26 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Question is, shall the Senate adopt the Conference Committee Report on House Bill 1374. Al1 those in favorr vote Aye . Opposed, vote No . The voting is open . Have a11 voted who wish? Have a11 voted who w ish? Have all voted who wish? Take the record . On that question, there are 49 voting Yes, 8 voting No , no voting Present. The Senate does adopt the Conference Committee Report on House Bill 1374, and the bill, having received the required three-fifths majority, is declared passed. House Bill 1485. Senator Bomke . Madam Secretary, do we have a conference comm ittee repo rt?

ACTING SECRETARY HAWKER

First Conference Comm ittee Report on House Bill 1485 .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke. SENATOR BOMKE I Thank you, Mr . President, Ladies and Gentlemen of the Senate . The First Conference Committee Report on House Bill 1485 amends Uniform Police (sic) (Police) Officers' Disciplinary Act to make provisions of that Act apply to State colleges and university peace officers. It also provides a burial -- burial benefit of up to ten thousand dollars for a 1aw enforcement officer or fireman who is killed in the line of duty.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall the Senate adopt the Conference Committee Report on House Bill 1485 . A ll those in favor, vote Aye . Opposed , vote No . The voting is open . Have a11 voted Who wish? Have all voted who wish? Have al1 voted who wish? Take the record . On that question, there a re 58 voting Yes , no voting No , no voting Present . The Senate does adopt the Conference Comm ittee Report on House Bill 1485, and the bill, having received the required 27 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 6lsk Legislative Day June 1, 1997 constitutional three-fifths majority, is declared passed. House Bill 1641 . Senator O 'Malley . Madam Secreta ry , do we have a conference committee report?

ACTING SECRETARY HAWKER

Yes. First Conference Committee Report on House Bill 1641.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator -- Senator O 'Malley .

SENATOR O 'MALLEY

Thank you , M r. President and Ladies and Gentlemen of the Senate . Conference Committee Report No . to House B ill 1641 retains the original provisions in this legislation which was previously passed for the Water Reclamation District concerninq transfers of appropriations Within -- within certain specific time limits during a given year , and also w ith respect to the request of the Cook County Sheriff to appoint two additional members to the Sheriff 's Merit Board . The Report adds neW information, or new language. Allows employees of the Board of Public Accounting Examiners to participate in SURS. There's language from House Bill 1519 to transfer the employees of the Lake County Special Education District to IMRF as of July 1, 1997 . A llows Cook County additional investment authority. Allows the County to invest up to five percent of the fund assets -- Fund 's assets in certain foreign companies ' stock and another five percent in securities from foreign companies. Also allows the County to increase its percent of total book value investments in stocks from forty to fifty percent . And with respect to this particular portion of the legislation , also allows the -- the assets to be valued in conformance with GASB 25 Rule, which allows fund assets to be valued at market value . Adds language correctinq a date oversight concernin: the Chicago Police Retirement Fund . Amends the Municipal Employee and Laborers Articles . Amends the Cook County Article to allow an individual to transfer service from SERS to 28 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 the County Fund . Amends the SERS Article to include employees of the Illinois Development Finance Authority . Allows persons who render contractual constituent services to a General Assembly Member's district office to establish service credit in SERS . Contains a number of SURS adm inistrative changes including last day pay for university police or firefighters . Includes provisions to address a constituent concern in -- in TRS wùere an ex -- an ex-spouse will receive the annuity instead of the daughter. This is agreed out between -- this is agreed between the System and the family members. Amends the TRS Article to allow the Governor to appoint an ind ividual to the Board , notwithstanding that that individual is already serv ing on another State board . For the information of everybody in the Senate r the Commission -- the Pension Laws Commission has approved all the retirement p rovisions in the Report and the lanquage is agreed language between both Chambers . Be happy to answer any additional questions there may be .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Any discussion? Senator Fawell .

SENATOR FAWELL

Will the sponsor yield for a question?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON ) Sponsor indicates he 'll yield , Senator Fawell .

SENATOR FAWELL

Senator, I Was just wondering. I -- I notice it does make quite a fiscal impact in unfunded liability in Chicago . Is that aqreed to by Chicaqo?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O 'MALLEY

Thank you, Senator, for -- for bringing that to everybody 's attention . This is agreed to by the C ity . They have accepted 29 STATE OF ILLINOIS 90TH GCNERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 this .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Lauzen .

SENATOR LAUZEN

Yield for a question?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates helll yield, Senator Lauzen.

SENATOR LAUZEN

The analysis here says that there is a -- creates an early retirement incentive of five-plus-five. Is that correct, and how would that work? And who is it for?

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR O 'MALLEV

These are for workers in the City of Chicago, and -- and it is a five-plus-five .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Any further discussion? Any further discussion? If notr the question is, shall House Bill 1641 pass and adopt the Conference Committee Report on House Bill 1641 . Those in favor, vote Aye . Opposed, vote No. The voting is open. Have all voted who Wish? Have a1l voted who Wish? Have a11 voted who wish? Take the record . On that question, there are 53 voting Yes , l voting No , l voting Present. The Senate does adopt the Conference Committee Report on House Bill 1641, and the bill , having received the required constitutional majority, is declared passed. Next -- next page, page 3, still on Supplemental Calendar No. 5. Madam Secretary : understand we have a Rules Comm ittee Report .

ACTING SECRETARY HAWKER

Senator Weaver, Cha irman of the Committee on Rules r reports that the following Leqislative Measures, have been assigned : Refer to Executive Committee - Conference Committee Report No. l 30 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 to House Bill 1450 .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) We dre back at the top of page 3. House Bill 1699 . Ou* of the record . House Bill 2161 . Senator Klemm . Madam Secretary , do We have a conference comm ittee report?

ACTING SECRETARX HAWKER

First Conference Committee Repore on House Bill 2161.

PRESIDING OFFICER (SENATOR WATSQN)

PRESIDING OFFICER: (SENATOR WATSQN) Senator Klemm .

SENATOR KLEMM

Thank you -- excuse me. Thank you , M r. P resident . Conference Committee Report No. l on Senate -- House Bill 2161 does two things . The House concurs in the Senate Am endments 1 and 2, and Amendment No. 1 was to require sanitary districts organized under the Act to notify people who were being annexed in their district prior to the passage of such an ordinance. And that was the underlyinq bill, and Amendment No . l p revented a sanitary districts from selling or leasing portions of their property that they had acquired through condemnation. Senate Amendment did authorize that sanitary districts could charqe someone who did not contribute to the cost of a sewer who wishes noW to connect into it, at least for their costs. And it also prohibited a sanitary district from forcing a private p roperty owner to connect to a sewer or pay a fee if they didn 't want -- kish to do that. And a Senate Bill 9l8 (sic) (920), by Senator O'Malley, which was requested by the Home Builders Association, also is included , which allows that the cash bond from a builder or developer to quarantee completion of a project, they could also file a irrevocable letter of credit or other securities that the municipality or county deemed was good and sufficient . An additional language from Senate Bill 920 , from Senator O 'Malley , also by the Home Builders Association, which passed 56 to nothing r 31 STATE OF ILLINOIS 90TH GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 also cross-reference those p rovisions in the County Code and the Municipal Code . I know of no opposition . I ask for your support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any d iscussion? Any further discussion? If not, the question is# shall the Senate adopt Conference Committee Report to House Bill 2161. A1l those in favor, vote Aye. Opposed, vote No. The voting is open . Have all voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record . On that question, there are 57 voting ïes, no voting Noy no voting Present . The Senate does adopt the Conference Committee Report on House Bill 2161, and the billy having received the required constitutional majority of three-fifths, is declared passed. House Bill 2164. Senato r Mahar. Madam Secretary , do we have a conference committee report?

ACTING SECRETARY HAWKER

First Conference Committee Report on House Bill 2164 .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Mahar.

SENATOR MAHAR

Thank you , Mr . President . House Bill 2164 , Which passed this Chamber 55 to nothing, the contents have remained exactly the same . A conference comm ittee was requested to add the following at the request of the Attorney General, and that is to amend the Criminal V iolation Section of the Environmental Protection Act. It adds violations of the Procedures for Asbestos Em ission Control to the felony violations . This increases the penalties for knowing violations from a Class A misdemeanorz punishable by a thousand dollars per violation y to a Class 4 felony , punishable by ' a twenty-five-thousand-dollar penalty . I know of no opposition and would ask for your support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any d iscussion? Any discussion? If not , the 32 STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 question is, shall the Senate adopt -- adopt the Conference Comm ittee Report on House Bill 2164. Those in favor, vote Aye . Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who w ish? Have al1 voted who w ish? Take the record. On that question, there are 58 votinq Yes, no voting Nor no voting Present . The Senate does adopt the Conference Comm ittee Report on House Bill 2164, and the billr having received the required three-fifths majorityr is declared passed. Senator Cullerton . Madam Secretary r is there a conference committee report?

ACTING SECRETARV HAWKER

Second Conference Comm ittee Report on Senate Bill 465.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senato r Cullerton.

SENATOR CULLERTON

Thank your M r. President, Members of the Senate . Conference Comm ittee Report on Senate Bill 465 contains two provisions . One is -- deals with mineral riqhts. It was subject matter of another bill, which Senator Peterson , I believe e was the sponsor, and basically it's trying to deal kith the problem of large amounts of unsold m ineral rights with delinquent property taxes which are cluttering up the books of some downstate counties. What this basically says is that after ten years -- ten consecutive years if these mineral rights have been offered for sale at the scavenger sale and they're not sold, that they no longer have are required to offer them for sale. The second part of the bill deals with the subject of tenancy by the entirety. This is a bill which we have also passed and it's -- really has some only minor changes from when we passed it out of the -- the Senate . The purpose of this bill is to overcome what was viewed by many as a wrongly decided case out in Dupage Counky dealing with a person who transferred his home into tenancy by the entirety after a 33 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Leg islative Day June 1 , 1997 judgment against him had been entered. Purpose of this bill is to go back to what our original intent was with regard to tenancy by the entirety and not for allow -- for that type of a of a situation to prevail. Be happy to answer any questions and ask for an Aye vote .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none , the question is , shall the Senate adopt the Conference Committee Report on Senate Bill 465 . Those in favor Will vote Aye . Opposed , Nay . The voting is open . Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record . The Senate does adopt the Conference Committee Report on Senate Bill 465, and the bill, havinq received the required three-fifths majority, is declared passed. Senator Cullerton, for what purpose do you rise?

SENATOR CULLERTON

A point of personal privilege .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.

SENATOR CULLERTON

Madam President, I just wanted to point out that I've just lea rned that we have a person who is on our staff who is going to be retirinq from our staff . He was the person Who analyzed the last bill Which was passed . His name is M ichael Marrs . He 's an attorney who 's worked for our Judicia ry Committee . He 's done a qreat job for us this year, and he's qoinq to be going on to bigger and better things. And I wanted to congratulate him here .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) M ichael , wish you a11 well . Madam Secretary , do we have on file a conference committee report on Senate Bill 5967

ACTING SECRETARY HAWKER

Yes. First Conference Comm ittee Repo rt on Senate Bill 596 . 34 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Leg islative Day June 1 , 1997

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson .

SENATOR SYVERSON

Thank you, Madam President . 596 has a number of things . First , it establishes a -- it allows the counties to establish an administrative adjudication hearing unit. There's also some language in here for Senator... Oh , thank you . There fs also some language in here for Senator Clayborne regarding the -- dissolvinq a public building commission . There 's some lanquaqe in here for, think , the State 's -- for the -- the Attorney General, and also some language in here for Senator Demuzio reqardinq Municipal Code , regardinq the water comm issioners. I can go on r but -- don 't know of anything controversial. Be happy to answer any questions you might have; otherwise, just ask for a favorable roll call.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Senator Welch .

SENATOR WELCH

Yes . Senator a question for Senator Syverson .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Indicates he lll yield , Senator Welch .

SENATOR WELCH

Senator, does this raise the competitive bidding exemption threshold for counties from ten thousand to twenty-five thousand dollars in certain circumstances, and if so , what are those circum stances?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson .

SENATOR SYVERSON

Thank you . Senator, yesr it does . I forgot to mention that . The areas that it allows is the installation of data p rocessing , telecommunications and software . These are areas that it is very 35 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 difficult to competitively bid because it's hard to compare different products . Some companies offer different types of -- of software . It makes it more difficult, and so , in that area , we drafted it tighter, but leaving everything else in the current rules .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 596. Those in favor will vote Aye . Opposed, Nay . And the voting is open . Have all voted Who wish? Have al1 voted who wish? Have all voted who Wish? Take the record . On that question , there are 48 Ayes, 8 Nays , none voting Present . The Senate does adopt the Conference Committee Report on Senate Bill 596 , and the bill, having received the required three-fifths majority, is declared passed. Messages.

ACTING SECRETARY HAWKER

A Message from the House by Mr. Rossi, Clerk . M r. President - I am directed to inform the Senate that the House of Representatives has refused to adopt the First Conference Committee Report on House Bill 1887 and requests a Second Conference Committee to consider the differences between the two Houses .

PRESIDING OFPICER (SENATOR DONAHUE)

PRESIDING OFPICER: (SENATOR DONAHUE) Without objection, the Senate accedes to the request of the House for the conference committees on those bills just read by the Madam -- by the Secretary. Is leave granted? Leave is granted. Madam Secretary, do we have on file a conference comm ittee report on Senate Bill -- or , 680?

ACTING SECRETARY HAWKER

Yes . First Conference Committee Report on Senate Bill 680 .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator O 'Malley . 36 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997

SENATOR O 'MALLEY

Thank you , Madam President and Ladies and Gentlemen of the Senate . Conference Report No . 1 to Senate Bill 680 actually becomes the bill. It permits the governing authorities of units of local government and community college boards to enter into contracts with credit card issuers or service providers in order to allow persons owing money to the entity involved to make payments by credit card, requires a public notice and a public hearing before the credit card proposal becomes effective and a finding that it is in the best interests of the entity involved that credit card transactions be -- be permitted. It further permits the card issuer or service p rovider to charqe fees for each transaction. The legislation includes caps on what those fees may be. In -- just to make sure that it's clear What the intent of this legislation is, it is that the bill -- with respect to fees, is that any unit of local qovernment which accepts cred it card payments may pass on to the cardholder only those fees which the ca rd issuer charges . This bill is not intended eo be a revenue producer, enhancer or defrayer by the authorizing governmental unit. Be happy to answer any questions there may be. If there are none, I would certainly request your support .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Lauzen.

SENATOR LAUZEN

A question for the sponsor.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Indicates hedll yield, Senator Lauzen.

SENATOR LAUZEN

This pertains to government units . Does it also affect universities and colleges?

PRESIDING OPFICER (SENATOR DONAHUE)

PRESIDING OPFICER: (SENATOR DONAHUE) Senator O 'Malley . 37 . - . . .- - 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997

SENATOR O 'MALLEY

It -- it extends to community colleges.

PRESIDING OPFICER (SENATOR DONAHUE)

PRESIDING OPFICER: (SENATOR DONAHUE) Is there further discussion? Is there further discussion? Seeinq none , the question -- Senator Lauzen .

SENATOR LAUZEN

Thank you very much, Madam President. Will this make it more likely that students, being away from home: going to a -- or, going to a community college, does it make it more likely that they 're qoing to get into credit card trouble?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r O 'Malley .

SENATOR O 'MALLEY

Senator Lauzen , I -- I 'm not sure whether I 1m qualified to answer that question , but I can tell you that we qrappled with this a great deal. 1, in particular, did, and we spent an awful lot of time with the House and with the people interested in -- in - - in this legislation, Which includes units of local government: as well as credit card issuers. That's why we made sure that there 's a public notice and a public hearing involved . We think this should not be taken lightly. It's a serious matter, and we certainly dondt want to see that happening with students anywhere.

PRESIDING OFPICER (SENATOR DONAHUE)

PRESIDING OFPICER : (SENATOR DONAHUE) Further d iscussion? Senator Carroll.

SENATOR CARROLL

Thank youe Madam President, Members of the Senate . I rise in support of the legislation: and I think the issue is, really, they're not going to be using these credit cards to go cash checks at the community colleges . They could use it for tu ition and fees , and I think that 's the -- which is a more expensive item , but it 's something that they fre going to know in front that they ire going to be having to pay for at the time they apply . Most of our 38 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1, 1997 - - our students in Ehese colleges are on some type of scholarship anyway . But, again , it is permissive . The governments can choose to use it or not as they wish . And if they do use it and there 's a cost to it, then the person who wants to use the card has to pay the cost . I think it 's a qood idea .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none , the question is, shall the Senate adopt the Conference Comm ittee Report on Senate Bill 680. Those in favor will vote Aye . Opposed, Nay . The voting is open . Have all voted who Wish? Have a1l voted who wish? Have all voted who wish? Take the record . On that questionz there are 54 Ayes , l Nay , l votin: Presenk. The Senate does adop t the Conference Committee Report on Senate Bill 680 , and the bill, having received the required constitutional majority, is declared passed. Madam, do we -- Madam Secretary: do we have on file a conference committee report on Senate Bill 681?

ACTING SECRETARY HAWKER

Yes . First Conference Comm ittee Report on Senate Bill 681 . PRESIDING OFFIéER: (SENATOR DONAHUE) Senator Walsh .

SENATOR T . WALSH

Thank you : Madam President. Conference Committee Report No . l on House -- or, Senate Bill 68l has the original language of the b ill as it left the Senate . It had fifty-four votes on it . It dealt with the Illinois Student A ssistance Comm ission . In an effort to keep themselves from qetting a findinq with the Aud it Comm ission , put the languaqe in the bill as to they were charging a fee for a service in the Commission. Additionally , it concurs with House Amendment No . and that amendment made tWo changes with respect to the filing of reimbursement claims for driver's education and both these changes were in response to audit findings . And finally, the Report further -- the Report creates 39 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 the Aldo DeAngelis Program for Educational Involvement in the Perform ing A rts to enable students fron low- and moderate-income fam ilies to participate in performing arts activities offered at the perform ing arts center of Governor 's State University . And I 'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is there discussion? Senator Demuzio.

SENATOR DEMU ZIO

Thank you very much , Ladies and Gentlemen of the Senake . Senator Walsh, you did a great job on mumbling this bill through. I notice you 're creating the Aldo DeAngelis Program for Educational Involvement at Governor's State University . Can you explain to the Body just exactly what that program is and what it does and what relationship it has to the former Member of the Senate , A ldo DeAngelis?

SENATOR T . WALSH

Well, yeah. We 'd like to have you.p.lmicrophone cutoffl...sponsor, and this is an effort to further try to ingratiate myself to Italian-Americans. A ldo DeAngelis was one of the finest Italian-Americans that served in the Senate here , and I think it's only fitting for him. But not one of the finest. can see three that were maybe a little bit better than he was , but he WaS . ..

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Demuzio .

SENATOR DEMUZIO

Yeah . Well, the answer to the question is, you don 't know . Thank you very much .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there further discussion? Seeing none , Senator Walsh , to close . The question is, shall the Senate adopt the Conference Comm ittee Report on Senate Bill 681 . Those 40 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION Y ENATE TRANSCRIPT 61st Legislative Day June 1, 1997 in favor will vote Aye . Opposed, Nay . And the voting is open . Have all voted who wish? Have all voted Who wish? Have a11 voted who wish? Take the record . On that question , there are 56 Ayes, no Nays , none voting Present . The Senate does adopt Conference Comm ittee Report on Senate Bill 681, and the bill, having received the required constitutional majority, is declared passed. Madam Secretary , do we have on file a conference committee report on Senate Bill 730?

ACTING SECRETARV HAWKER

Yes. Second Conference Committee Report on Senate Bill 730.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell .

SENATOR FAWELL

Thank you very much . This has -- this conference bill has several things that We , frankly, have already passed on other bills that some way or another have gotten tied up in the House . One is at the request of the County Engineers e which allows local authorities and road district highway commissioners to install signs alerting motorists to khe tourist oriented businesses available on roads under local jurisdiction. The second part of is the UPS bill that has already been passed, and think we just passed it again. But, anyway, it'll take care of a problem whereas Illinoi: is charging sales tax on the purchase of forms that UPS has been transporting for themselves . The th ird part amends the Motor Vehicle Retail Installment Sales Act at the request of the Community Bankers Association. Under current law, a seller in a retail installment contract may enact a doctory (sic) (documentary) fee. Apparently there's been some question because somebody charged forty-three dollars instead of forty , and the Federal Reserve Bank said that we were supposed to charge forty . This will straiqhten this out. If there's any question, be glad to try and answer 'em . 41 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeinq none , the question is, shall the Senate adopt the Conference Comm ittee Report on Senate Bill 730 . And -- those in favor w ill vote Aye. Opposed , Nay . And the voting is open. Have all voted who w ish? Have al1 voted who wish? Have a1l voted who Wish? Take the record . On that question , there are 53 -- 55 Ayes , l Nay , none voting Present. The Senate does adopt the Conference Committee Report on Senate Btll 730, and the bill, having received the required constitutional -- or, three-fifths majority, is declared passed. Madam Secretary, do we have a -- on file a conference comm ittee report on Senate Bill 9397

ACT ING SECRETARY HAWKER

Yes. First Conference Committee Report on Senate Bill 939.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson .

SENATOR WATSON

Yes, thank you, Madam President. This is a brownsfield (sic) (brownfields) remediation program that's taken a great deal of time to put together, and I would like to thank A 1 G rosboll from the Governor 's Office and Senator Clayborne , Senator Berman , Karpiel, Senator Mahar, the RCGA , which is the Regional Commerce and Growth Association, a lady by the name of Relsey Lundy , Who brought this legislation to us . It 's simpler -- it ls similar in concept to What Missouri has. The EPA was very cooperative, as was the Department of Revenue . A lot of negotiations went into Ehis, and it 's a pretty sisnificant piece of legislation. It establishes a tax credit, and I realize that this is a -- a move - a pretty significant move - by the -- the Governor, to create an incentive for business to get involved in the remediation process, and that would be the p rivate sector, and that 's important , that we involve the private sector. And there ds a considerable amount 1 42 i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1, 1997 of effort by , obviously , super funds and others to do what we 're trying to do here, but it's not -- simply not getting the job done . And by establishing this tax credit and creating this incentive, we 're in hopes that p rivate sector w ill take a more active part. They do have a limit , as far as the tax credit. It 's a hundred and fifty thousand dollars per site g or forty thousand dollars per year, and that is a twenty-five-percent tax credit . The participating site must be enrolled in the EPA 'S Site Remediation Program . The taxpayer cannot have caused or contributed to the contamination, and a No Further Remediation Letter must be issued for the site. A threshold of one hundred thousand dollars in eligible remediation costs per site must be spent before the credit begins, and eligible remediation costs are capped at seven hundred thousand dollars . Aqa in , it would be twenty-five percent of that. Enterprise zones are exempted from the threshold . EPA will establish rules to determine eligible remediation costs . EPA will charge an application fee . Those tax credits can be carried forward for five years and may be sold or transferred to a successor 's title . The program will sunset on December 31st, 2001 . We dre hopeful that, at that point in time , we will have established a successful program, and we would be able to move forward . EPA establishes a qrant process by which communities can receive up to one hundred and twenty thousand dollars or up to seventy percent of the program costs of the grant . That is established by a 1.2 m illion dollar per year grant proqram just for municipalities. Grants may be used for the coo rdination of activities related to the brownfield redevelopment . Thank you , Madam Secretary .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is -- is there discussion? Senator Clayborne.

SENATOR CLAYBORNE

Thank you; Madam President. Iz too, obviously, rise in 43 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 support of this. I think this piece of legislation is very important throughout my entire district , from Granite City down to East Carondelet and throuqh East St. Louis r Belleville and so forth . We have so many potential pieces of development that were former gas stations or whatever that are very impo rtant to revitalize and to bring some kind of economic development and growth, and I think that this is an excellent piece of legislation that will bring some development back to those areas . I urge a favorable vote .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Senator Jacobs.

SENATOR JACOBS

Thank you , Madam Presidentr Ladies and Gentlemen of the Senate. 1, too, ask for an Aye voter and just want to remind you that we took lonqer on that bill than we did on the budget. Thank you .

PRESIDING OPFICER (SENATOR DONAHUE)

PRESIDING OPFICER: (SENATOR DONAHUE) The question is , shall the Senate adopt the Conference Committee Report on Senate Bill 939. Those in favor Will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have al1 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 adopt the Conference Comm ittee Report on Senate Bill 939. And the billz having received the required constitutional three-fifths majorityr is declared passed. Madam Secretary , do we have on file a conference comm ittee report on Senate Bill 1019?

ACTING SECRETARY HAWKER

Yes. First Conference Comm ittee Report on Senate Bill 1019.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Karpiel .

SENATOR KARPIEL

44 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1, 1997 Thank you , Madam President. Conference Comm ittee on 1019 , it has several quick take and transfer provisions in it . One of the provisions is for the City of Bloomingdale to have quick-take for utàlity relocations necessitated by Lake Street - that 's Route 20 - improvement through the V illage . There 's another one for the C ity of Preeport that allows the -- the municipal airport to use quick-take powers for acquisition of property in so they can complete their realignment of a road in accordance w ith FAA design. There's another provision for Kankakee, a Kankakee County land conveyance that provides that, upon the payment of the sum of a dollar to the State , Mental Health and Developmental Disabilities or the Secretary of Human Services is authorized to convey to the County of Kankakee this property . There 's a provision for the Department of M ilitary Affairs which authorizes them to convey a parcel of land they own in Galesburg to the City of Galesburg if the City r in turn, conveys to the State a ten-acre parcel of land in Galesburg . There 's another p rovision for the V illage of Elmwood Park that is quick-take powers to be used for the acquisition of commercially zoned property in a TIF district for redevelopment purposes . There 's another p rovision for the Department of Agriculture which allows them -- which authorizes them to convey a parcel of land . And there 's another one , a provision for Village of Oak Park which cleans up the legislation that we passed for Oak Park in a previous bill . And that 's about it . I ask for an Aye vote .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Discussion? Senator Welch .

SENATOR WELCH

I have a question of the sponsor. PRESIDING OFFICERI (SENATOR DONASUE) She indicates she dll yieldg Senator Welch .

SENATOR WELCH

45 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1, 1997 Senator: the information that have shows that this TIF district reference you have applies to about fifteen counties throughout the State of Illinois. Now , is that -- is that true or is that one particular county, and if -- or, one particular area, and if so , whose district is that in?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Karpiel .

SENATOR KARPIEL

I think that's a rhetorical question. This is for Elmwood Park .

PRESIDING OFPICER (SENATOR DONAHUE)

PRESIDING OFPICER : (SENATOR DONAHUE) Senator Welch .

SENATOR WELCH

No , I'm I 'm curious. I thought it applied to about fifteen counties. Whose district is that TIF district quick-take going to be in?

PRESIDING OPPICER (SENATOR DONAHUE)

PRESIDING OPPICER: (SENATOR DONAHUE) Senator Karpiel.

SENATOR KARPIEL

Senator Cronin's, but didn't -- don 't believe it's for several counties .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Further discussion? Seein: noner the question is, shall khe Senate adopt the Conference Comm ittee Report on Senate Bill 1019. Those in favor Will vote Aye. Opposed, Nay. And the voting is open. Have all voted Who Wish? Have a1l voted who wish? Have all voted who w ish? Have a11 voted who wish? Take the record . On that question , there are 44 Ayes, 11 Nays , none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1019, and the bill, havin: received the required three-fifths majority, is declared passed . Earlier this evening , we had taken the Conference 46 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 Committee Report on House Bill 1171 out of the record. We will now return to that Conference Committee . Madam Secreta ry e do we have on file a conference committee report on House Bill 1171?

ACTING SECRETARY HAWKER

Yes . First Conference Comm ittee Report on House Bill 1171.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Rauschenberger .

SENATOR RAUSCHENBERGER

Thank youy Madam President, Ladies and Gentlemen of the Senate. I appreciate the courtesy of the opportunity to return to this bill . When I first began to present it a little earlier, I - - I had confused which bill it was I was explaining . I am the lucky sponsor of two, nearly three, bond bills tonight. This bill is the -- a trimmed-down version of the Governor ls requested bond authorization for maintenance and capital projects in the State of Illinois. The Governo r's oriqinal subm ission was in the neighborhood of four hundred and ninety million dollars. Due to the fact that we had hoped to pass a bond program dealinq with schools of a billion dollars to begin school construction, we asked the Governor's Office to trim this bond authorization as -* as slimly as they could. Consequently, this total bond authorization that we#re considerinq now is only a hundred and seventy-seven m illion dollars . It -- we fve removed a1l new projects. It deals almost exclusively wieh maintenance. The -- hopefully youdve had a chance to look through the projeet list. The total maintenance bonding is eighty-seven million three hundred and fifty-eight thousand dollars. It includes eleven million dollars of eonservation bonds, and it includes eighteen million dollars' worth of drinking water revolving bond funds and sewer wastewater treatment facilities funds. These are both federal match funds, where for every dollar we put up, the federal government puts up four dollars. It also includes mass transit 47 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 for both downstate and the Regional Transportation Authority in the -- in the amount of forty-eight million dollars and the statewide Aeronautics Grant, which the federal government participates in . This is an -- important bond authorizations for a hundred and seventy-seven m illion dollars. The State of Illinois has the benefit of three hundred million dollars' worth of project work that 's important to the communities . Although it 's late in the evening , I appreciate your indulgence . I would appreciate a favorable roll call and would be happy to answer questions .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none , the question is, shall the Senate adopt the Conference Committee Report on House Bill 1171. Those in favor will vote Aye . Opposed , Nay . And the voting is open . Have a1l voted who w ish? Have a1l voted who w ish? Have all voted Who Wish? Take the record . On that question, the Senate -- there are 56 Ayes, no Nays , none voting Present . The Senate does adopt the Conference Comm ittee Report on House Bill 1171, and the bill , having received the required three-fifths majority, is declared passed. Messages from the House .

SECRETARY HANRY

Message from the House by Mr. Rossi, Clerk . Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 31 . (Secretary read HJR No. 3l) Adopted by the Houser June 1st, 1997.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver moves to suspend the rules for the purpose of the immediate consideration and adoption of House Joint Resolution 48 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 3l. Those in favor will say Aye . Opposed g Nay . The Ayes have it. The rules a re suspended . Now Senator Weaver moves to -- the adoption of House Jo int Resolution 3l . Those in favor: say Aye . Opposed, Nay . The Ayes have it, and the resolution is adopted . Introduction of Bills .

SECRETARY HAQRY

Senate Bill 1189, offered by Senator Cullerton . (Secretary reads title of bill) 1st Reading of the bill .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) Consent Calendar. We Will now p roceed to the O rder of Resolutions Consent Calendar . With the leave of the Body r all those that have been read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any of the resolutions?

SECRETARY HADRY

No objections filed, Madam President.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted . All those in favor, say Aye. Opposed, Nay. The motion carries, and the resolutions are adopted . Senator Klemm , for what purpose do you seek recognition?

SENATOR KLEMM

Thank you , Madam President. The Senate Executive Committee will be meeting immediately upon the recess, in Room 212. If we a1l get Ehere promptly, it should take about ten/twelve minutes to accomplish our business . So , immediately upon our recess, We dll go to Room 212 for Senate Executive .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senate Exec will meet immediately , in Room 212. Senate will stand at ease . 49 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 (SENATE STANDS AT EASE)

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER : (SENATOR DONAHUE) . p o have your attention, Ladies and Gentlemen, We w ill -- a re still conducting business and still have issues to face, so don dt go far . Senate Exec is meeting now , in Room 212. (SENATE RECONVENES)

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) It 's the intention of the Chair , we ire on page 8 of the original Calendarr Secretary 's Desk, Resolutions. Senator Fawell on the Floor? Senate Resolution 81. Senator Pawell. With leave of the Body , we will return to that order of business . Senate Resolution 83 . Senator Syverson . Senate Resolution 83 . We lre on page 8 of the reqular Calendar. Mr. Secretary, please read ehe resolution .

SECRETARY HAPRY

Senate Resolution 83, offered by Senakor Syverson , with Amendment No . 1.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson .

SENATOR SYVERSON

Thank you. I just urge an Aye vote.

PRESIDING OFFICZR (SENATOR WATSON)

PRESIDING OFFICZR: (SENATOR WATSON) I really think you ought to take a look at the Calendar and give us an idea of what the resolution is r Senator Syverson . It says urges Congress and the President of the Dnited States to immediately restore federal funding and eligibility to the Supplemental Security Income and food stamp benefits for legal 50 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1, 1997 non ... That 's your resolution.

SENATOR SYVERSON

Thank you .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) A ll those in favor , say Aye.

SENATOR SYVERSON

I couldn lt have said it better.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Those opposed. The Ayes have it. And the resolution is adopted. With -- We had leave of the Body to go back to Senate Resolution 81. Senator Fawell. Mr. Secretary, please read the resolution .

SECRETARX NANRX

Senate Resolution 81, offered by Senator Fawell. No committee or Ploor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell .

SENATOR FAWELL

Thank you very much. This is just asking Congress ko give us the money back that they have been collecting for the last several years and been putting in a trust fund that's supposed to be used for highways and for mass transportation. So total now, about fourteen billion dollars in road transportation and -- and ten billion dolla rs in highway funds , and I think it Would be nice if they gave it back to us, instead of letting it sit in a bank in Washington.

PRESIDING OFPICER (SENATOR WATSON)

PRESIDING OFPICER: (SENATOR WATSON) You heard the resolution. Is there any discussion? If not, Senakor Fawell moves the adoption of Senate Resolution 8l . A ll those in favor, say Aye . Opposed , Nay . The Ayes have it. The resolution is adopted . Senate Resolution 84. Senato r Karpiel. Senator Karpielr on Senate Resolution 84 . Out of the record . 51 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 Senate Resolution 85. Senator Karpiel. Out of the record . Senate -- House Joint Resolution l2 . Senato r Trotter? M r. Secretary, read the resolution.

Harry (surname or first name uncertain)

House Joint Resolution l2, offered by Senator Trotter, w ith Amendments l and 2.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Trotter .

SENATOR TROTTER

Thank you very much , Mr . President and Members of the Senate . House Joint Resolution 12 urges the Illinois Congressional Delegation to encourage the Secretary of the Interior to app rove legislation that would extend the boundaries of the Illinois and Michigan Canal Heritage Corridor from Harlem Avenue to Lake Michigan and creating a Calumet Ccological Park.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON ) Is there any discussion? Any discussion? If not, Senator Trotter moves the adoption of Senate -- House Joint Resolution A-l2. A1l those in favor, say Aye. Opposed, Nay. The Ayes have And the resolution is adopted. House Joint Resolution l5. Senator Dudycz . Please read the -- the -- the resolution r M r. Secretary .

SECRETARY HANRY

House Jo int Resolution l5, offered by Senator Dudycz. No committee or Ploor amendments .

PRESIDING OPFICER (SENATOR WATSON)

PRESIDING OPFICER: (SENATOR WATSON) Senator Dudycz.

SENATQR DUDXCZ

Thank you, M r. President. House Joint Resolution No . 15 renames the Chicago North Drivers License Pacility at 5401 North Elseon Avenue in Chicago to the Roger P. McAuliffe Drivers License Facility . As you know , former RepresentaEive McAuliffe died in a 52 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Leg islative Day June 1, 1997 tragic boating accident last year. He served With distinction in the Illinois House of Representatives fo r many yea rs , and prior to his serving as a Member of the -- of the House , he was the manager of the Chicago North Drivers License Facility . And I Would ask that everyone join me in voting for this.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON ) Is there any discussion? Any discussion? We will take a roll call. This could be an expenditure of funds. Senator Dudycz moves the adoption of House Joint Resolution l5. Those in favor, vote Aye . Opposed , vote Nay . The voting is open . Have all voted who w ish? Have all voted Who w ish? Have all voted who w ish? Take the record . On that question, there are 58 voting Yes , no voting No , no votinq Present. And the resolution is adop ted . House Joint Resolution 20. Senator Demuzio? M r. Secretary, please read the resolution .

Harry (surname or first name uncertain)

House Joint Resolution 20 , offered by Senators Demuzio and Donahue . No committee or Floor amendmentsy M r. President.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio .

SENATOR DEMUZIO

Well, just very quickly. It urges Congress to pass the Blind Persons Earning Equity Act that ls before them . I Would move its adoption.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, Senator Demuzio moves the adoption of House Joint Resolution 20. Those in favor , say Aye . Opposed, Nay. The Ayes have it. And the resolution is adopted. House Jo int Resolution 24. Senator O lDaniel? Senator Bill O 'Daniel on the Floor? Out of the record . Senate Joint Resolution 28 . Senator Cronin? Senator Cronin? Out of the 53 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 61st Leg islative Day June 1 , 1997 record . Committee Reports r Mr . Secretary .

Harry (surname or first name uncertain)

Senator Klemm , Chair of the Committee on Executive , reports House Bill 1450, the First Conference Committee Report Be Approved for Consideration ; Senate Bills 271 , 797 , 1101, the F irst Conference Committee Reports Be Approved for Consideration; Senate Bill 747, the Motion to Concur with House Amendments 2 and 3 Be Approved for Consideration .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) We will now move to Supplemental Calendar No . 6 . And congratulationsr it's Sunday, June 1st. No one gets a per diem today . Secretary 's Desk, Concurrence . Senate Bill 747. Senator Fitzgerald . Read the bill, Mr. Secretary .

SECRETARY HAQRY

I move to concur with the House ln the adoption of their Amendments 2 and 3 to Senate Bill 747 . The motion , by Senato r Fitzgerald.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald .

SENATOR FITZGERALD

ïes. Amendments No . 2 and 3 to Senate Bill 747 are requested by CMS and the Governor 's Office and also -- in agreement with Representative Schoenberg, as to some reforms for certificates of participation issued by State agencies . Among other things, the bill would allow the General Assembly to disapprove, by joint resolution. the issuance of certificates of participation for the financing of the construction of a new State building . There 's also some languaqe in here to codify CMS rules and practices concerning State procurement of leases for real p roperty . And I 'd be happy to answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Is there any d iscussion? Any discussion? This is final 54 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1r 1997 action . The question is, shall the Senate concur in House Amendments 2 and 3 to Senate Bill 747. Those in favor, vote Aye. Opposed r vote No . The voting is open . Have a1l voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yes, no voting No, no votin: Present. The Senate does eoncur in House Amendments 2 and 3 to Senate Bill 747. And the bill , having received the required constitutional majority, is declared passed. . . . comm ittee Reports. Page 2. House Bill 1450. Mr . Secretary , do we have a conference committee report?

Harry (surname or first name uncertain)

House -- First Conference Committee Report on House Bill 1450, Mr. President .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Rauschenberger .

SENATOR RAUSCHENBERGER

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House B ill 1450, First Conference Comm ittee Report is the bond authorization increase for IDFA , Illino is Development Finance Authority. It permits a five-hundred-million-dollar increase in the infrastructure bond authorization cap, l.s-billion-dollar increase in the general purposes bond cap , and nine-hundred-m illion-dollar increase in the environmental facilities cap . I'd appreciate favorable consideration.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not , the question 1s, shall the Senate adopt Conference Committee Report on House Bill 1450 . Those in favor, vote Aye . Opposed , vote No . The voting is open . Have all voted who w ish? Have all voted Who wish? Have a11 voted who wish? Take the reco rd . On that question, there is 54 votin: Yes, 2 voting No, no voting Present . The Senate does adopt the Conference Committee Report on House 55 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 Bill 1450 . And the bill, having received the required three-fifths majority, is declared passed. House Bill 1887. Senator Karp iel. Mr. Secretary , do you have a conference committee report?

Harry (surname or first name uncertain)

Yes, M r. President . Second Conference Comm ittee Report on House Bill 1887.

PRESIDING QFFICER (SENATOR WATSON)

PRESIDING QFFICER: (SENATOR WATSON) Senator Karpiel.

SENATOR KARPIEL

Thank you, Mr. President. The Second Conference Committee on House Bill 1887 does several things. First of all, it -- it has language that was in a previous bill that allows local governments to use tipping fee revenues for any environment-related purposes, exeluding pollution control facilities . It makes a couple of modifications in the operating standards for clean construction and demolition debris facilities, and that was in the underlying bill, the original bill. And it adds language that Was requested by the IEPA that amends the Illinois Vehicle Code relating to vehicle em issions testing . It makes four changes , which if you don't have in your analysis or -- or interested, should read them . But basically what it does is , evidently the federal government just came out with some waivers or some -- somethin: that says that we can delay the implementation and this does that. And ehat 's basically what the bill does now .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Burzynski.

SENATOR BUR ZYNSKI

Thank you, Mr. President. Will the sponsor yield?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Sponsor indicates she 'll yield, Senator Burzynski.

SENATOR BURZYNSKI

56 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June 1, 1997 Just for a point of clarification , Senator Karpiel. If I 1m not mistaken , Senate Amendment No . l is the bill that we defeated here on the Senate Floor.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Karp iel.

SENATOR KARPIEL

Not the entire thing . It 's part of that bill .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski .

SENATOR BURZYNSKI

Okay . So , in other Words , this is the portion of the bill though that would take funds away or the possibility that local counties could charge tipping fees and take their funds away and ship them to other counties that have transfer stations .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Karpiel .

SENATOR KARPIEL

No , Senator Burzynski, that 's the part that did -- is not in this b ill. The part of that bill, which Was Senate Bill 260 , that is in this bill is that allows counties to use the tipp ing fee fund that they have built up for other environment-related purposes . It has nothing to do with the transferring the money back and forth between transfer stations and landfills .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Burzynski.

SENATOR BURZYNSKI

So, just as a further point of clarification. This in no way w ill take away revenue that 's generated by municipalities or counties that have landfills in their jurisdictions?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel . ...discussion? Senator Lauzen .

SENATOR LAUZEN

57 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 61st Legislative Day June le 1997 Just a question fo r the sponsor.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Sponsor indicates she dll yield , Senator Lauzen .

SENATOR LAUZEN

Can you explain the opposition? Let's see . Why Would the Dupage County be in support of the language and Dupaqe Mayo rs and Managers opposed?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senato r Ka rpiel .

SENATOR KARPIEL

Wellr in -- Dupaqe County has in their fund about twenty/twenty-nine million dollars, and they wish to use it for other environmental-related things . And the Dupage Mayors and Managers, as I understand their opposition , is because they are fearful that , at some point in the future , this money that 's supposed to be used for post-closure and for things like that won 't be there if they use it for other nonrelated things .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Welch .

SENATOR WELCH

I had a question of the sponsor.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates shedll yield, Senator Welch.

SENATOR WELCH

Senator, this says that these tipping fees may be used for construction of a household hazardous waste facility , but not for the construetion of any other pollution control facility . Will this include money to be used for an incinerator to burn household hazardous waste , or a landfill to dispose of household hazardous waste?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Karpiel . 58 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997

SENATOR KARPIEL

No, Senator Welch . It 's a collection facility , not a incinerator . And this lanquaqe Was put in for Lake County because I think they have just built one, or theydre in the process of it.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Fawell.

SENATOR FAWELL

W ill the sponsor yield?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates shelll yield, Senator Pawell.

SENATOR FAWELL

Is this the stup id em issions testing that the -- that the federal government's goin: to make us take?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.

SENATOR KARPIEL

This is the stupid emissions testing: Senator Fawell, but it it actually improves it somewhat. It -- it says that the -- it - - it authorizes EPA -- IEPA to delay the start of the testing schedule to the fourth year or later after the new -- when it's a new car. And it allows for more than one economic hardship testing extension during the life of the vehicle . And it -- you know , it really tries to make it a little better.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? Senator Walsh.

SENATOR T . WALSH

I move the previous question .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON ) That ds very app ropriate time . Senator Karpiel, to close . If not , the question is, shall the Senate adopt Conference Committee Report on House Bill 1887. Those in favorg vote Aye . Opposed , vote No . The voting is open . Have al1 voted who wish? Have all 59 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1 , 1997 voted who wish? Have all voted who wish? Take the reco rd . On that question , there -- there are 54 voting Yes , no -- 3 voting No , and no voting Present . The Senate does adopt the Conference Committee Report on House Bill 1887 . And the bill, having received the required three-fifths majority, is declared passed. Senate Bill 271 . Senator Cronin . Mr. Secretary , is there a conference committee filed?

Harry (surname or first name uncertain)

Yesz Mr . President . The First Conference Comm ittee Report on Senate Bill 271.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senato r Cronin .

SENATOR CRON IN

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Conference Committee Report on Senate Bill 27l is a hodgepodge of different provisions r some for the State Board of Education , some for the City of Chicago and the Chicago School Board, and various other items that are very noncontroversial and very important . ask for your favorable consideration. Happy to answer any questions.

PRESIDING OPFICER (SENATOR WATSON)

PRESIDING OPFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing nonee the question is , shall the Senate adopt the Conference Comm ittee Report on Senate Bill 271. Those in favor, vote Aye. Opposed, vote No. ehe 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 voting Yes, no voting No , no voting Present . The Senate does adopt the Conference Comm ittee Report on Senate Bill 271 . And the bill , having received the required two - - three-fifths majority, is declared passed. Senate Bill 797. Senator Philip . Mr . Secretary , is there a conference comm ittee filed? 60 STATE OF ILLINOIS 90TH GENERAL A SSEMBLX REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1g 1997

SECRETARY HADRY

Xes , M r. President. First Conference Committee Report on Senate Bill 797 .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip .

SENATOR PH ILIP

Thank you , Mr . President , Ladies and Gentlemen of the Senate . Senate Bill 797 is the agreement between the Mayor of the C ity of Chicago and Governor Edgar regarding Meigs Pield . It also creates an oversight committee , four appointed by the Mayor, four appointed by the Governor, and one by each of ehe four Legisla*ive Leaders. Would be happy to answer any questions.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any further d iscussion? If not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 797 . A ll those in favor, say Aye -- vote Aye. Opposed, No . The voting is open. 't is a roll call vote. Pardon me . Have a1l voted who wish? Have all voted Who wish? Have all voted who wish? Take the record . On that question , there are 48 voting Yes, 4 voting No, 2 voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 797. And the bill, having received the required three-fifths majority, is declared passed. Senate Bill 1101. Senator Rauschenberger. Mr. Secretary , is there a conference committee report filed?

Harry (surname or first name uncertain)

Yes, M r. President . The First Conference Committee Report on Senate Bill 1101.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger .

SENATOR RAUSCHENBERGER

Thank you, Mr. Presidene, Ladies and Gentlemen of khe Sena te . 61 ! STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June 1, 1997 Senate Bill 1101 is the Dudge: Implementation Act . I 'd appreciate a favorable roll call.

PRESIDING OFFICCR (SENATOR WATSON)

PRESIDING OFFICCR: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall the Senate adopt the Conference Comm ittee Report on Senate Bill 1101. All those in favor, vote Aye. Opposedr vote No. The voting is open. Have all voted Who wish? Have al1 voted who wish? Have all voted who wish? Take the record . On that question : there are 49 voting Yes , 5 voting No , 3 voting Present . The Senate does adopt the Conference Comm ittee Report on Senate Bill 1101. And the bill, having received the required three-fifths majority, is declared passed. With leave of the Body , we are going to back to the original Calendar of the day , on page 8 . Senator O 'Daniel had asked Senator Maitland to handle House Joint Resolution 24, and Senator Maitland was off the Floor at that time. Mr. Secretary, Would you please read the resolution?

SECRETARY HAQRY

House Joint Resolution 24, offered by Senator O 'Daniel. No committee or Floor amendments , M r. President.

PRESIDING OFPICER (SENATOR WATSON)

PRESIDING OFPICER: (SENATOR WATSON) Senator Maitland .

SENATOR MAITLAND

Thank you very much , M r. President, for your courtesy . House Joint Resolution 24 directs the Illinois State Board of Education to fund , on a one-time only basis, supplemental GED grants from moneys appropriated expressly for that purpose . The -- there is to be a study and a report, and it's due to the General Assenbly and to the Office of the Governor by December 1, 1997. I know of no opposition . I would appreciate your support .

PRESIDING OFPICER (SENATOR WATSON)

PRESIDING OFPICER : (SENATOR WATSON) Senator Maitland moves the adoption of House Joint Resolution 62 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day June l r 1997 24. All those in favor, say Aye . Okay . Roll call should be taken at this point . So , all those in favor, vote Aye . Opposed , vote No . The voting is open . Have a1l voted who wish? Have all voted who wish? Have all voted who wish? Take the record . On thak question , there are 55 voting Yes , no voting No , no voting Present . And resolution -- House Joint Resolution 24 is adopted . Is there any further business to come befo re the Senate? If not, Senator Cronin, pursuant to the adjournment resolution, moves the Senate stand adjourned. Have a good evenin: and a good summer. 63 PEPORT: TIFLDAY STATE OF ILLINOIS 97/07/16 PAGE: 001 90TH GENERAL ASSEMBLY 10:46:50 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX JENE 01, 1997 H8-0353 CONFERENCE HB-O581 CONFERENCE HB-1171 CONFERENCE HB-1171 CONFERENCE HB-1171 0ET OF RECORD HB-1230 CONFERENCE HB-137) CONFERENCE HB-1450 CONFERENCE HB-1485 CONFERENCE HB-1641 CONFERENCE H8-1696 RECALLED H8-1696 THIRD REàDING HB-188T CONFERENCE H8-1887 CONFERENCE HB-2161 CONFERENCE H8-2164 CONFERENCE SB-005M CONCURRENCE SB-O271 CONFERENCE SB-0k65 CONFERENCE SB-0473 CONFERENCE 58-0596 CONFERENCE 58-0680 CONFERENCE SB-0681 CONFERENCE SB-0730 CONFERENCE SB-0747 CONCURRENCE SB-0T97 CONFERENCE 58-0939 CONFERENCE sB-1019 CONFERENCE SB-1101 CONFERENCE SB-1189 FIRST READING sR-0O81 ADOPTED 5R-0083 ADOPTED HJR-0012 ADOPTED HJR-0015 àDOPTED HJR-0020 ADOPTED HJR-0024 ADOPTED HJR-0031 ADOPTED HJR-0031 RESOLUTION OFFERED SUBJECT HATTER HIDNIGHT PAGE 1 MESSAGES FROH THE HOUSE PâGE 12 SENATE STANDS AT EASE/RECONVENES PAGE 1li COMMITTEE REPORT PAGE 1li COHMITTEE REPORT PAGE 30 HESSAGE FROM THE HOUSE PAGE 36 HESSAGE FROM THE HOPSE PAGE 118 RESOLPTIONS CONSENT CALENDAR -'ADOPTED PAGE 49 SENATE STANDS AT EASE/RECONVENES PâGE 50 COMHITTEE REPORTS PAGE 511 ADJOPPNHENT PAGE 63