Illinois General Assembly Floor TranscriptsBrowseSenate90th GA

Illinois Senate Floor Debate — November 12, 1997

90th General Assembly (1997-1998) · Legislative day 66 · Regular Session
Chamber
Senate
General Assembly
90th (1997-1998)
Date
November 12, 1997
Legislative day
66
Session
Regular Session
Speaker turns
151
Original
View the source PDF ↗
PRESIDENT PH ILIP

The regular Session of the 90th General Assembly w ill please come to order. W ill the Members please be at their desks , and will our guests in the galleries please rise? Our prayer today will be g iven by Reverend Randall Thackere Principal, Decatur Christian Schoolz Decatur, Illinois . Reverend Thacker .

THE REVEREND RANDALL THACKER

(Prayer by the Reverend Randall Thacker)

PRESIDENT PH ILIP

Will you please remain standing for the Pledge of A llegiance, led by Senator Sieben?

SENATOR SIEBEN

(Pledge of Allegiance, led by Senator Sieben)

PRESIDENT PHILIP

Reading of the Journal .

SECRETARY HAQRY

Senate Journals of Tuesday, October 28th7 Wednesday , October 29th 7 and Thursday , October 30th, 1997 .

PRESIDENT PHILIP

Senator Butler.

SENATOR BUTLER

Mr. President, I move that the Journals just read by khe Secretary be approved , unless some Senator has additions or corrections to offer.

PRESIDENT PHILIP

Senator Butler moves to approve the Journals just read. There being no objection, so ordered. Committee Reports.

SECRETARY HAKRY

Senator Lauzen , Chair of the Committee on Commerce and Industry , reports House Bill 932 Do Pass, as Amended . Senator Sieben , Chair of the Comm ittee on Agriculture and Conservation , reports House Bills 1158 and 1547 Do Passe as STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 66th Leqislative Day November l2, 1997 Amended .

PRESIDENT PHILIP

M r. Secretary , have there been any motions filed?

SECRETARY HAQRY

Yes, Mr . President . The following Members have filed motions with respect to the followin: bills : House Bill 27 , Senator Fawell; House Bill 496 , Senator Myers; House Bill 1840 , Senator Philip ; House Bill 581, Senator Hawkinson; House Bill 767 , Senator Rauschenberger; House Bill 1051 , Senator Myers ; House Bill 2161, Senator Klemm ; House Bill 154, Senator Parker; House Bill 345 (sic), Senator Radogno; House Bill 968, Senator Parker; House Bill 1105, Senator Sieben; House Bill 1210, Senator Dillard ; House Bill 2161, Senator Klemm ; and House Bill 2179, Senator Lauzen .

PRESIDENT PHILIP

M *. Secretary, the Chair requests these motions be printed on the Calendar . So ordered . If I m ight have your attention for a minute. I 'm going to put Senator Bomke in the Chair to introduce a soccer team from Springfield High School. Senator Bomke . I 'm sorry . There 's a request from the parents to take videotapes . Is leave granted? Leave is granted .

SENATOR BOMKE

. . . you . Thank you . It 's a pleasure to welcome to the Illinois State Senate : and approp riately so r the Springfield Senators, the 1997 Illinois State Soccer Champion. Just let me give you a few facts, if I may. Jason Vijil broke the State record for most goals scored in a State tournament and has been named to the Chicaqo Tribune 's A1l State Soccer Team . Brian Bond broke the State record for assists in a State tournament . Springfield High School soccer team broke the State record for most goals scored in a championship game . We have with us koday team members Grant Carter, Scott Oberreiter , B rent Borah , Mike Berg, Mike Nelson , Brian Bond , Ryan Stoddart, Jack Pierson , Mike ; I 2 . ..--. 1 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l2, 1997 Gulley, Jason Vijil, Brian Smith, Dan Bartolomucci, Jess (sic) (Cress) Maddox, Ryan Steinkamp, Nick Schaffer, Todd Moore, Johnny Williams, Jason Cox, Drew Dickerson, Brian Beck, A. G. (sic) (A. J.) Peterson, and Eric Kjellander; coached by Phil Eck; Assistant Coach , Alan Loken and Rhett Mays. Coach , I don 't know if you want to say anything . 1'11 turn it over to Coach Eck .

COACH PHIL ECK

(Remarks by Coach Phil Eck)

SENATOR BOMKE

Thank you, Coach . This is a -- been a great team , and I 'm -- I 'm certain they 're qoinq to repeat next year. Right? I 'm going to hold you to it. Please help me Welcome the Springfivld senato rs, the 1997 State Soccer Champions .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Message from the House .

SECRETARY HAQRY

Messaqe from the House by Mr . Rossi: Clerk . Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to Wit: Senate Bill 1120, with House Amendments 1 , and 8 . Passed the House, as amended, October 20th (sic) (30th), 1997. Another Message from Mr . Rossi, Clerk . M r. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title , in the passage of which I am instructed ko ask Ehe concurrence of the Senate , to wit: House Bill 1685 . We have a like Message on House Bill 2363 . 80th passed the House, October 30th , 1997 ; House Bill 2363 , by a th ree-fifths vote .

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER : (SENATOR MAITLAND) 3 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l2, 1997 Messages .

Harry (surname or first name uncertain)

A Message for the Governor by Deno Perdiou , Director of Legislative Affairs , November 10th, 1997 . M r. President - The Governor d irects me to lay before the Senate the following Message : To the Honorable Members of the Senateg 90th èeneral Assembly - I have nominated and appointed the following named person to the office enumerated below and respectfully ask concurrence in and confirmation of this appointment of your Honorable Body .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Introduction of Bills .

SECRETARY HAQRY

Senate Bill 1214 , offered by Senators Welch and Larry Walsh . (Secretary reads title of bill) 1st Reading of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Resolutions.

Harry (surname or first name uncertain)

Senate Resolution -- or, Senate Joint Resolution 42, offered by Senator Lauzen . It 's substantive .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) House Bills lst Reading.

SECRETARY HANRX

House Bill 2363, offered by Senator Peterson . (Secretary reads title of bill) House Bill 2364 , by Senator Weaver. (Secretary reads title of bill) Senator Cronin offers House Bill 1685. (Secretary reads title of bill) 4 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l2, 1997 And Senate (sic) Bill 2328, presented by Senator Madigan. (Secretary reads title of bill) lst Reading of the bills.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Luechtefeld , for what purpose do you arise, sir?

SENATOR LUECHTEFELD

Thank you -- thank you , M r. President. Point of personal privileqe .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) State your point , sir .

SENATOR LUECHTEFELD

In the gallery behind the Democratic -- in the -- in the Democratic Gallery, I have khree very important people in my little town. I'd like them to stand to be recognized. Gary Stricker, Dennis Hesker and Clifford Kuhn. If you 'd give them a warm welcome, I 'd appreciate it.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Would our guests please rise and be welcomed by the Senate? Welcome to Sprinqfield. .oesecretary, have there been any motions filed?

SECRETARY NAQRY

Yes , Mr . President . The following Members have filed motions with respect to the following bills: House Bill 221 , by Senator Dudycz ; House Bill 282 , Senator Sieben; House Bill 752, Senator Cronin ; House Bill 1118 , Senator Peterson ; and House Bill 2030 , Senator C ronin .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Mr. Secretary , khe Chair requests tha t these motions be printed on the Calendar. So ordered . All right . Ladies and Gentlemen, we 're qoing to go to the Order -- on page 7 of today 's Calendar is the Order of a Constitutional M endment 2nd Reading , SJR l5. Senator Dillard . Mr . Secretary , please read SJR 15 . 5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCR IPT 66th Leqislative Day November l2, 1997

SECRETARX NAQRV

Senate Joint Resolution, Constitutional Amendment , 15. (Secretary reads SJRCA No. l5) 2nd Reading of the resolution.

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) 3rd Reading. Ladies and Gentlemen, on page 2 of today's Calendar is the Order of Senate Bills 2nd Reading . Senate B ill 122. Senator Hawkinson . .o.the bill, Mr . Secretary .

Harry (surname or first name uncertain)

Senate Bill 122 . (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Judiciary adopted Amendment No .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments that have been app roved for consideration?

SECRETARY HANRY

No further amendments reports .

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) 3rd Reading . ...right. Bottom of page 2, House Bills 2nd Reading . House Bill 452 . Senator Radogno . Senator Radogno on the Floor? All right. With leave of the Body , we dll come back to that . House Bill 654 . Senato r Watson . Senator Watson on the Floor? Senator Watson on the Floor? Top of paqe 3, House Bill 887. Senator O 'Malley . Read the bill, Mr . Secretary .

SECRETARY NANRY

House Bill 887. (Secretary reads title of bill) 2nd Reading of the bill . The commission Or: the Committee on Judiciary adop ted Amendment No .

PRESIDING OFPICER (SENATOR MAITLAND)

PRESIDING OFPICER: (SENATOR MAITLAND) Have there been any Floor amendments approved fo r 6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l2, 1997 consideration , M r. Secretary?

SECRETARY NADRV

No further amendments reported , M r. President.

PRESIDING OPPICER (SENATOR MAITLAND)

PRESIDING OPPICER: (SENATOR MAITLAND) 3rd Reading . House B ill 1005. Senator Dillard . Senator Dillard on the Ploor? W ith ... Read the bill , M r. Secretary .

SECRETARY HADRV

House Bill 1005 . (Secretary reads title of bill) 2nd Reading of the b ill. The Comm ittee on Education adopted Amendment No . 1 .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Eloor amendments approved for consideration?

SECRETARY HANRY

No further amendments reported .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) 3rd Reading . House Bill 1098 . Senator Watson . Senator Watson? Read the bill , Mr . Secretary .

SECRETARY NAQRY

House Bill 1098 . (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Education adopted Amendment No . 1 .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments approved for consideration?

SECRETARY HANRY

No further amendments reported .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading . House Bill 1214. Senator Dillard . Read -- read the billp Mr . Secretary . STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l2y 1997

SECRETARY NAQRY

House Bill 1214. (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Licensed Activities adopted Amendment No . 1 .

PRESIDING OFPICER (SENATOR MAITLAND)

PRESIDING OFPICER: (SENATOR MAITLAND) Have there been any Eloor amendments approved for consideration?

SECRETARY HAQRY

No further amendments reported .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading . Earlier we had leave of the Body to go back to House B ill 452. Senator Radogno . Read the bill , Mr . Secretary .

SECRETARY HANRY

House Bill 452. (Secretary reads title of bill) 2nd Readinq of the bill. The Committee on Education adopted Amendment No . 1 .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments approved fo r consideration?

Harry (surname or first name uncertain)

No further amendments reported .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 654. Senator Watson. Read the bill, Mr . Secretary .

SECRETARY HAKRY

House Bill 654 . (Secretary reads title of bill) 2nd Read ing of the bill . The Committee on Education adopted Amendment No.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) 8 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legfslative Day November l2, 1997 Have there been any Floor amendments approved for consideration?

SECRETARY NAQRY

No further amendments reported .

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER : (SENATOR MAITLAND) 3rd Reading. All right. Ladies and Gentlemen, Wedll go to page Secretary's Desk, for Concurrence. On Senate Bill -- on Senate Bill 1031 is Senator Burzynski. Sena tor Burzynski.

SENATOR BURZYNSKI

Thank you, Mr. President. I move to nonconcur with House Amendment No. l to Senate Bill 1031.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senakor Burzynski moves to nonconcur in House Amendment No . to Senate Bill 1031. A1l those in favor, signify by saying Aye. Opposed , same sign . Motion carries . Nonconcur in the Senate ; Secretary shall so inform khe House. ...Reports.

SECRETARY HANRX

Senator Weaver, Chair of the Comm ittee on Rules , reports the following Legislative Measures have been assigned: Referred to the Committee on Executive - House Bill 23647 to the Committee on Judiciary - the Motion to Concur with House Amendment 2 to Senate Bill 9, and Senate Amendments 2 and 3 to House Bill 8877 and Be Approved for Consideration - Senate Bill 9 and House Bill 483.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bomke, for What purpose do you arise, sir?

SENATOR BOMKE

Thank you, Mr. President. Point of personal privilege.

PRESTDING OFFICER (SENATOR MAITLAND)

PRESTDING OFFICER: (SENATOR MAITLAND) Please state your point.

SENATOR BOMKE

Mr. President, I Would like to welcome to the Senate Major General Wallacez Commander of the ROTC Army Cadet Command out of 9 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 66th Legislative Day November l2 , 1997 Fort Monroe , V irginia , and all of the ROTC cadets representing each of the universities with a ROTC unit in this State . They 're here today at the Statehouse for ROTC Recoqnition Day , which is being hosted by the Illinois Department of Veterans' Affairs, and they're directly behind you, Mr. #resident. And please help me welcome the ROTC .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) W ill our guests in the gallery please rise and be welcomed? Welcome to Sp ringfield . Ladies and Gentlemen , on -- on paqe is - - Senator Cronin -- is Senate Joint Resolution 28 . Senator Cronin . Madam Secretary , have there been any amendments approved for consideration?

ACTING SECRETARY HAWKER

Senate Joint Resolution 28 . No committee amendments . Senators Cronin and Berman offered Amendment No . 2.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

SENATOR CRON IN

Thank you , Mr. President, Ladies and Gentlemen of the Sena te . This is the mandate waiver mechanism, the law, that permits us to review various requeses that have been made. And with all the requests to kaive various mandates, we have decided jointly - my colleague, Senator Berman to -- to deny three of those such waivers, and they are -- those waiver requests, and they are as follows: Number one, the request from the Prairie Hills Elementary School District 144, in Markham e to allow them to hire licensed practical nurses as school nurses. The LPN , as they dre known , does not meet the same standard as a registered nurse and certainly doesn 't meet the same standard as a certified school nurse . While we have lots of respect for the licensed practical nurses , we thought that as a policy matter , we didn 't want to 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November 12 r 1997 grant a request to waive for purposes of a nurse that has less training than a registered nurse . Secondly , the -- the second and th ird requests come from special education cooperatives . The Exceptional Children Have Opportunities Joint Agreement in Cook County and the Special Education District in Lake Countyg the two co-ops asked to be allowed to hire RNs instead of certified school nurses . We have perm itted waiver requests to go through allowinq school districts to hire RNs in lieu of certified school nurses . We did not think it was wise to permit cooperatives at this point , and the only reason is because we think the way the law is currently crafted that there may be an issue , constitutional or otherwise . So we denied this requestr but I make the commitment to these cooperatives that We w ill pursue an agenda , a legislative proposal, next sp ring that would permit cooperatives to benefit from the mandate waiver law, just like other school districts. I'd be happy to answer any questions. ask for your favorable consideration .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Is there discussion? If not , Senator Cronin has moved the adoption of Floor Amendment No . 2 to Senate Joint Resolution 28. Al1 those in favor, say Aye. Opposed, same siqn . Motion carried . The amendment is adopted . Have there been any other -- any further amendments app roved for consideration , Madam Secretary?

ACTING SECRETARX HAWKER

No further amendments reported .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) All right. On page 7 of the Calendar is House (sicl Joint Resolution 28. Senator Cronine do you wish this resolution to be considered?

SENATOR CRONIN

Yes. Thank your Mr. President. I just explained it in detail 11 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l2, 1997 during the amendment stage , and I ask for your favorable consideration. Be happy to try to answer questions.

PRESIDING OFPICER (SENATOR MAITLAND)

PRESIDING OFPICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, Senator Cronin has moved the adoption of Senate Joint Resolution 28. Those in favor will vote Aye . Opposed , Nay . The voting is open . Have all voted who wish? Have all voted who w ish? Have a1l voted who wish? Take the record, Madam Secretary. On that question, there are 57 Ayes, no Nays , no Members voting Present . Senate Joint Resolution 28 is adopted. Top of page l0, Motions in Writing to Accept the Specific Recommendaeions for Change. Senator Radogno, on House Bill 345. Madam Secretary, read the motion , p lease .

ACTING SECRETARY HAWKER

I move to accept the speeific recommendations of the Governor as to House Bill 345, in manner and forn as follows : Amendment to House Bill 345 in Acceptance of Governor's Recommendations Offered by Senator Radoqno.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Radogno. SENATOR RADOGNO : Thank you. This bill, as it was passed, amends the Chicago Police Pension Code to include duty availability pay . The Governor's amendatory veto related to some problems with the dates within that Act and simply corrects those. It's agreed upon with al1 parties involved, so I would ask for your favorable vote. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Radogno has moved to accept the specific recommendations of the Governor as to House Bill 345. Is there any discussion? Any discussion? If not , the question is , shall the Senate aecep t the specific recommendations of the Governor as 12 STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 66th Leg islative Day November l2, 1997 -- as to House Bill 345, in the manner and form just stated by Senator Radogno . A 1l those in favor will vote Aye. Opposed , Nay . The voting is open . Have al1 voted who wish? Have a11 voted Who wish? Have all voted who wish? Take the recordz Madam Secretary . On that question , there are 55 Ayes, 1 Nay , Member voting Present . The -- the specific recommendations of the Governor as to House Bill 345 , having received the required constitutional majority vote of Senators elected, are duly accepted. Top of page 10 is House Bill 382 on the Order of Motions in W riting to -- to Accept the Specific Recommendations for Change . Senator Lauzen , on House Bill 382. Read -- read the motiong Madam Secretary .

ACTING SECRETARY HAWKER

I move to accept the specific recommendations of the Governor as to House Bill 382, in manner and form as follows : Amendment to House Bill 382 in Acceptance of Governor 's Recommendations Offered by Senator Lauzen .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Lauzen .

SENATOR LAUZEN

Thank you, Mr. President. The Governorls objection to this billr although the Governor supports the ban on pa rtial-birth abortions, he does not approve of the provision which gives biological fathers a cause of action aga inst a physician who uses the procedure . The Governor says that allow in: fathers to sue independently could create the precedent of giving them legal standing in matters of abortion. For practical purposes, the issue which the Governor does not agree is in a very m inor portion of the bill. Most doctors are going to be sufficiently deterred by the criminal penalties involved in the bill that no lawsuit will be needed . I would recommend acceptance in order to get the ban enacted . 13 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66*h Legislative Day November l2, 1997

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Lauzen has moved to accept the specific recommendations of the Governor as to House Bill 382. Is there any discussion? Is there discussion? Senator Berman.

SENATOR BERMAN

Thank you, Mr. President. Question of the sponsor.

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) Indicates he will yield , Senator Berman .

SENATOR BERMAN

What is the position of the pro-choice organizattons on your mo tion?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen .

SENATOR LAUZEN

Senatore I don't know the answer to that question. We have not been contacted by that group -- or, I have not been contacted by that group .

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) . . e discussion? ...not if notr the question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 382, in the manner and form just seated by Senator Lauzen. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take the record, Madam Secretary. On that question, there are 44 Ayes, 5 Nays, no Members voting Present. The specific recommendations of the Governor as ko House Bill 382, having received the required constitutional majority vote of Senators elected, are declared accepted . Senator Hendon, for what purpose do you arise, sir? SENATOR HENDON : Thank you , M r. Chairman . I was out of my -- away from my desk when this last bill came up . If I had been in attendance , would 14 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 66th Legislative Day November 12e 1997 have voted Aye , w ith Senator Lauzen .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Hendon, the record will so indicate what your intent would have been. Ladies and Gentlemen , you have received Supplemental Calendar No . 1. It has been distributed . I would direct you to the bottom of page 2. Since we are already on that agenda - Motions in Writing - we will move to House Bill 581, on the Order of Motions in W riting to to Accept Specific Recommendations for Change. Senator Hawkinson , on House B ill 581 . Read the motion, Madam Secretary . Lad ies and Gentlemen, if I could , please . I know we haven 't seen one another for a couple of weeks and we want to visit, but let 's keep it down to a dull roar , please, so the Members can hear vhat 's going on . Madam Secretary .

ACTING SECRETARY HAWKER

I move to accept the specific recommendations of the Governor as to House Bill 581 , in manner and form as follows: Amendment to House Bill 581 in Acceptance of Governor 's Recommendations O ffered by Senator Hawkinson .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hawkinson .

SENATOR HAWKINSON

Thank you , M r. President. I move that we accept the Governor 's specific recommendations for change in House Bill 581 . The Governor removed only one portion of this bill, Which was -- which had passed this Body 56 to nothing . Thak portion Would have expanded the Senior Citizens Real Estate Tax Deferral program . It would have had a cost to the State of approximately 2.l m illion . And although I support that program , the other pa rts of this bill are also important, and I would nove that we accept the Governor's specific recommendations for change in House Bill 581.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) 15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Leqislative Day November l2, 1997 Is there discussion? Is there discussion? If not , the question is -- isr shall the Senate accept the specific recommendations of the Governor as to House Bill 581 , in the manner and form just stated by Senator Hawkinson. Those in favor will vote Aye. Opposedr Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record , Madam Secretary . On that question , there are 54 Ayes, Nay, no Members voting Present. House -- the specific recommendation of the Governor as to House Bill 581 , having received the required constitutional majority vote of Senators elected , are declared accepted. House Bill 767 . Senator Rauschenberger. Motion in Writing to Accept the Specific Recommendation for Change . Madam Secretary r read the motion .

ACTING SECRETARY HAWKER

I move to accept the specific recommendations of the Governor as to House Bill 767, in manner and form as follows : Amendment to House Bill 767 in Acceptance of Governor's Recommendations Offered by Senator Rauschenberger.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Rauschenberger .

SENATOR RAUSCHENBERGER

Thank you , M r . President , Ladies and Gentlemen of the Senate . The Governor's Office deleted tWo words, which were inadvertently added to the bill, because he thought it raised confusion about the Illinois Environmental Protection Agency's ability to regulate waste transportation . This cleans up the bill. It passed the Senate overwhelmingly. I appreciate a favorable roll call.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is , shall the Senate aceept the specific recommendations of the Governor as to House Bill 767, in the manner and form just 16 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l2z 1997 stated by Senator Rauschenbergef. Those in favor will vote Aye. Opposed, Nay. The voking is open. Have all voted who wish? Have a1l voted who wish? Have all voted who w ish? Take the record , Madam Secretary . On that question , there are 57 Ayes , no Nays , no Members voting Present . The specific recommendation of the Governor as to House Bill 767, having received the required constitutional majority vote of Senators elected, are declared accepted. House Bill 1051, Senator Myers, on Motions in Writing to Accept the Specific Recommendations for Change . Madam Secretary , read the motion , please .

ACTING SECRETARY HAWKER

I move to accept the specific recommendations of the Governor as to House Bill 1051, in Manner and fo rm as follows: Amendment to House Bill 1051 in Acceptance of Governor's Recommendations Offered by Senakor Myers .

PRESIDING OFFICCR (SENATOR MAITLAND)

PRESIDING OFFICCR: (SENATOR MAITLAND) Senato r Myers.

SENATOR MYERS

ïes . The Governor has om itted the reference to Site M and now in -- in this laW is the Hunter Interference Prohibition Act, a cleanup of the definitive language of that b ill, and it is basically that: just a changing -- in the definition of that law. And I would ask for your favorable vote on this.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Myers has moved to accept the specific recommendakion of the Governor as to House Bill 1051 . Is there any discussion? Is there any discussion? If not , the question is , shall the Senate accept the specific recommendation of the Governor as to House Bill 1051. in the manner and form just stated by Senator Myers. Those in favor will vote Aye. Opposed, Nay. The voting is open . Have all voted who wish? Have all voted who w ish? Have 17 STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 66th Legislative Day November l2 , 1997 al1 voted who wish? Take the record , Madam Secretary . On that question, there are 57 Ayes, no Nays, no Members voting Present. The specific recommendation of the Governor as to House Bill 1051, having received the required constitutional majority vote of Senators elected , are declared accepted . House Bill 2161. Motions in W riting to Accep t the Specific Recommendations for Change to House Bill 2161. Madam Secretary , read khe motion , please .

ACTING SECRETARY HAWKER

I move to accept the specific recommendations of the Governor as to House Bill 2161, in manner and form as follows : Amendment to House Bill 2161 in Acceptance of Governor 's Recommendations Offered by Senator Klemm . PRESIDING OFFICER: (SENATOR MAITLAND): Senator Klemm .

SENATOR KLEMM

Thank you, Mr. President. House Bill 2161 makes some technical changes in Sections concerning cash bonds that was agreed to . They were just incorrect Sections. The other change the Governor did at our recommendation in allowing a change in the sanitary district selling or leasing land that was acquired by condemnation to allow the original buyer -- or, owner to have first choice if -- case the local taxing district could not use that property. It's agreed to by all parties, and I do ask for your support.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR WELCH

Have a question of the sponsor . PRESIDING OPPTCERt (SENATOR MAITLAND) Indicates he will yield, Senator Welch.

SENATOR WELCH

18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 66th Legislative Day November l2 , 1997 Senator Klemm , the Governor 's Veto Messaqe talks about the bill bans sanitary districts from selling or leasing property acquired through condemnation proceedings. Apparently there was some particular situation that led to this legislation. Can you tell me what that was and -- and why you 're now agreeing with the Governor?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm .

SENATOR KLEMM

Well, the original leqislation was in a conference committee report wh ich passed out of here 57 to nothing . What happened is that a -- a developer tried to buy some property from a -- a property owner. The property owner said, ''No, didn 't want to sell it to you.'' They went to a sanitary district and said, nWould you condemn it and sell it to me because the property owner doesn 't want to do it?'' There was discussion and concern about that . It was felt that that would have been close to fraud and it would have been close to an unconscionable thing for that taxing district to take away a person's property to sell to a developer. We p revented that, that if they dre going to go through condemnation, that at least it be done carefully , but we felt that if they did not need that property after ten years for some reason , that at least that property owner that owned it before gets the first choice of buying it back. And that's what was agreed tor and I think everybody agrees with that.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Welch , could you hear the answer over there? Okay . Very fine . Thank you. Any further d iscussion? If notr ehe question is , shall the Senate accept the specific recommendations of the Governor as to House Bill 2161, in the manner and form just stated by Senator Klemm . Those in favor will vote Aye . Opposed , Nay. The voting is open. Have all voted who wish? Have all 19 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 66th Legislative Day November l2# 1997 voted who w ish? Have all voted who w ish? Take the record , Madam Secretary . On that question , there are 57 Ayes , no Nays, no Members voting Present . The specific recommendation of the Governor as to House Bill 2161, having received the required constitutional majority vote of Senators elected, are declared accep ted . Top of page 2 of the Supplemental Calendarr House Bills 2nd Reading . House Bill 932 . Senator Lauzen . Senator Lauzen . Read the bill, Madam Secretary .

ACTING SECRETARY HAWKER

House Bill 932. (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Commerce and Industry adopted Committee Amendment No . 1.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments approved for consideration, Madam Secretary?

ACTING SECRETARY HAWKER

No -- no amendments reported, Mr. President.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading . WclA-channel 3 requests permission to videotape . Is permission granted? Perm ission 's granted . House Bill 1158 . Senator Shadid. Senator Shadid. Senator Hawkinson handling khe bill for Senator Shadid . Read the bill, Madam Secretary .

ACTING SECRETARY HAWKER

House Bill 1158 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Agriculture and Conservation adopted Committee Amendment No. 2 (sic) (1 and 2).

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Have there been any Floor amendments approved fo r consideration , Madam Secretary?

ACTING SECRETARY HAWKER

20 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l2, 1997 No amendments reported , M r. President.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 1147. (sic) (1547) Senator Sieben. Read the bill , Madam Secretary .

ACTING SECRETARY HAWKER

. . . Bill 1547 . (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Agriculture and Conservation adopted Comm ittee Amendment No . 1 .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Have there been any Floor amendments that have been approved for consideration?

ACTING SECRETARY HAWKER

No amendments reported , M r. President .

PRESIDING OFPICER (SENATOR MAITLAND)

PRESIDING OFPICER : (SENATOR MAITLAND) 3rd Reading . Senator Karp iel, fo r what purpose do you a rise , ma dam ?

SENATOR KARPIEL

Thank you, Mr. President. To announce a Republican Caucus immediately in Senator Philip's Office.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) All right. There will be a Republican Caucus immediately in Senator Philip 's Office. Senator Klemm, for what purpose do you arise , sir?

SENATOR KLCMM

Well, announcement for khe Executive Committee . I guess we 'll be meeting upon adjournment of the -- of the Senate, and I guess that would probably be after the caucus . I don 't know what eime it w ill be , to be honest with you . We do have a Subcomm ittee meeking of Constitutional Amendments that you, M r. President' are part of , and then we dll have a very short Executive meeting afterwards , immediately after . 21 STATE OP ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l2, 1997

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Klemm has announced that the Senate Executive Committee Will meet in Room 2l2 immediately following the Republican Caucus. Senator Bowles, for what purpose do you arise?

SENATOR BOWLES

Thank you, Mr . President . I rise to table Senate Bill 1120, of which I am listed as the chief sponsor . I have been advised it has come over from the House, and at th is po int, I would like to table it .

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER : (SENATOR MAITLAND) Senator Bowles has moved to table ...

SENATOR BOWLES

Senate Bill 1120 .

PRESIDING OPFICER (SENATOR MAITLAND)

PRESIDING OPFICER: (SENATOR MAITLAND) . . . senate Bill 1120. Those in favorr signify by saying Aye. Opposed z same sign . Motion passes , and the bill is tabled . Ladies and Gentlemen on the Democratic side , I -- I don 't think you 're go ing to caucus , but -- but we will be coming back to the Floor and attend to business after the caucus is finished . Is there any -- are there any other announcements? Senator Demuzio .

SENATOR DEMUZIO

Can you give us some idea as to how long the caucus may be - ballpark?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio , I would guess an hour. We dll do our best to stay within ehae time frame . Is khere any further business eo come before the Senate? If not, the Senate stands in recess until khe call of the Chair . (SENATE STANDS IN RECESS) 22 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 66th Legislative Day November 12, 1997 (SENATE RECONVENES)

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER : (SENATOR WEAVER) Messages from the House .

SECRETARX HAQRY

Message from the House by Mr . Rossi, Clerk . Mr . President - I am directed to inform khe Senate that the House of Rep resentatives has refused to concur with the Senate in the adoption of their amendment to a bill of the following title, to w it: House Bill 597 , w ith Senate Amendment 1 . Nonconcurred in by the House , November 12th , 1997 .

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Resolutions .

Harry (surname or first name uncertain)

Senate Resolution 127, offered by Senator Link and a1l Members . Senate Resolution 128, offered by Senators Demuzio and Jones and all Members . They lre both death resolutions , Mr. President .

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Consent Calendar . Committee Reports.

SECRETARY HAQRY

Senator Weaver, Chair of the Comm ittee on Rulesy reports the following Legislative Measures have been assiqned: Referred to the Committee on Agriculture and Conservation - Senate Amendment 3 to House Bill 1158 7 and to the Committee on Transportation - Senate Amendment l to House Bill 483.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Mr . Secreta ry , have there been any motions filed?

SECRETARY NADRV

23 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 66th Legislative Day November l2, 1997 Yes , M r. President . Senator Cronin has filed a motion w ith respect to House Bill 752 (sicl, and Senator Berman has filed a motion with respect to Senate Bill 645.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) M r. Secretary , the Chair requests that these motions be printed on the Calendar. So ordered . There any further business to come befo re the Senate? ...Fitzgerald : an announcement?

SENATOR FITZGERALD

Yes. Mr. President, Ladies and Genklemen of the Senate , there will be a State Government Operations Committee hearing in Room A-l. We have to wait until the Revenue Committee considers three bills. Right after *he Revenue Committee meets, State Government Operations will meet in Room A-l. We just have one bill. Welll be quick. Thank you .

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER : (SENATOR WEAVER) For what purpose does Senator Sieben arise?

SENATOR SIEBEN

Thank you , Mr . President . Purpose of an announcement . The Ag Committee will meet tomorrow morning at 8:30 in Room A-l. That dll be Thursday morning , in -- 8 :30 in Room A-l , for the purposes of a Floor amendment , for the Aq Committee .

PRESIDING OPFICER (SENATOR WEAVER)

PRESIDING OPFICER : (SENATOR WEAVER) For what purpose does Senator Fawell a rise? Senator Pawell? Senator Karpiel.

SENATOR KARPIEL

Thank you , Mr. President. Just to announce Ehat the Senate Executive Comm ittee will meet in Room 212 immediately upon adjournment.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell, did you seek recognition? Senator Fawell .

SENATOR FAWELL

This is an announcement to that the Transportation 24 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 66*h Leg islative Day November l2r 1997 Committee is to meet at 10 o 'clock in Room 400, tomorrow morning . 10 o 'clock. Should be quick .

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there further business? If not, Senator Dudycz moves that the Senate stand adjourned until a.m., Thursdayz October the 13 - - November the 13th. Excuse me. Senate stands adjourned. 25 REPORT: TIFLDAY STATE OF ILLINOIS 98/0T/02 PAGE: O01 90TH GENERAL ASSEMBLY 10:5R:51 SENATE DâILY TRANSCRIPTION OF DEBATE INDEX NOVEMBER 12, 1997 HB-0027 HOTION FILED HB-015M MOTION FILED HB-0221 MOTION FILED H8-0282 H0TI05 FILED HB-0345 VETO ACTION H8-0382 7ET0 ACTION H8-0382 OTHER H8-0452 SECOND READING HB-049i HOTION FILED HB-0581 7ET0 ACTIOK HB-0581 MOTION FILED HB-0654 SECOND READING H8-0752 MOTION FILED HB-0767 7ETO ACTION H8-0767 MOTION FILED H8-0887 SECOND REàDING H8-0932 SECOND READING H8-0968 MOTION FILED HB-1005 SECOND READING HB-1051 7ET0 ACTION HB-1051 HOTION FILED HB-1098 SECOKD READING HB-1105 HOTION FILED HB-1118 MOTION FILED HB-1158 SECOND READING HB-121O MOTION FILED HB-1214 SECOND READING HB-15:7 SECOND READING H8-1685 FIRST READING HB-18)0 HOTION FILED HB-2030 MOTION FILED HB-2161 7ET0 ACTION HB-2161 HOTION FILED H8-2179 HOTION FILED H8-2328 FIRST READING H8-2363 FIRST REâDING H8-2364 FIRST READING SB-0122 SECOND READING SB-06:5 HOTION FILED SB-1031 NON-CONCURRENCE SB-1120 TABLED SB-1214 FIRST READING SR-0127 RESOLUTION OFFERED :R-0128 RESOLUTION OFFERED SJR-0015 SECOND READING SJR-0028 ADOPTED SJR-0042 RESOLVTION OFFERED SPBJECT MATTER SENATE T0 ORDER - PRESIDENT PHILIP PAGE 1 PRAYER - REVEREND RANDALL THACKER PâGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOPRNALS APPROVED PAGE 1 COHMITTEE REPORTS PAGE 1 INTRODUCTION OF GUESTS - SENATOR BOMKE PAGE 2 GUEST SPEAKER - COACH PHIL ECK PAGE 3 MESSAGES FROH THE HOUSE PAGE 3 MESSAGE FOR THE GOVERNOR PâGE 11 COMHITTEE REPORT PAGE 9 SENATE STANDS IN RECESS PAGE 22 SENATE RECONVENES PAGE 23 HESSàGE FROM THE HOUSE PAGE 23 COMHITTEE REPORT PAGE 23 s ..' - . E REPORT: TIFLDâY STATE OF ILLINOIS 98/07/02 PAGE: 002 90TH GENERAL ASSEHBLY 10:5M:51 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX NOVEMBER 12, 1997 SUBJECT MATTER ADJOPRNMENT PAGE 25