Illinois Senate Floor Debate — November 13, 1997

PRESIDING OFFICER: (SENATOR WEAVER) Regular Session of the 90th General A ssembly will come to order . Will the Members please be at their desks , and w ill our guests in the gallery please rise? Our prayer today will be given by the Reverend Mark , Kim , Presbyterian Church p of Wash ington , Illinois. Reverend Kim .

(Prayer by the Reverend Mark Kim )

PRESIDING OFFICER : (SENATOR WEAVER) 0ur Pledge of Allegiance w ill be led by Reverend or, Reverend -- Senator Sieben.

Please join me in the Pledqe of Allegiance. (Pledge of Allegiance, led by Senator Sieben)

PRESIDING OFFICER: (SENATOR WEAVER) Reading of the Journal. Senator Bomke .

Thank you , M r. President. I move that the reading and approval of the Journal of Wednesday , November 12th , in the year 1997 , be postponed , pendinq arrival of the printed Journal .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Bomke moves the postponement and (sic) reading and approval of the Journal, pending arrival of th: printed transcript. There bein: no objections, it is so ordered. Messages . Comm ittee Reports.

Senator Fitzgerald , Chair of the Committee on State Government Operations, reports Senate Bill 862, the Motion to Concur with House Amendment No . 1 Be Adopted . Senator Peterson, Chair of the Comm ittee on Revenue , reports House Bills 533, 1116 and 2333 Do Pass, as Amended . Senator Sieben , Chair of the Committee on Agriculture and l  STATE OF ILLINO IS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3 , 1997 Conservation , reports Senate Amendment 3 to House B ill 1158 Be Approved for Consideration . Senator Madigan, Chair of the Comm ittee on Insurance and Pensions , reports House Bill 1296 Do Pass, as Amended . Senator Hawkinson, Chair of the Committee on Judiciary, reports Senate Bill 9, the Motion to Concur with House Amendment 2 Be Approved for Consideration; and Senate Amendments 2 and 3 to House Bill 887 also Be Approved for Consideration . And Senator Cronin, Chair of the Committee on Education, reports House Bill 999 Do Pass.

PRESIDING OFFICER: (SENATOR WEAVER) Introduction of Bills .

Senate Bill 1215, offered by Senator Carroll . (Secretary reads title of bill) Senate Bill 1216 is offered by Senator Petka . (Secretary reads title of bill) And House (sic) Bi11 1217, by Senator Petka. (Secretary reads title of bill) lst Reading of the bills.

PRESIDING OFFICER: (SENATOR WEAVER) M r. Secretary , have there been any motions filed?

ïes , Mr . President. Senator Carroll has filed a motion with respect to House Bill 381. And Senator Cronin has filed a motion with respect to House Bill 2030 (sic).

PRESIDING OFPICER: (SENATOR WEAVER) Mr . Secretary , the Chair requests that Ehese motions be printed on the Calendar. So ordered. Judy Spencer and -- IS and Paula Mandino request permission to videotape . Is there leave? Leave is granted . Senate will stand at ease for a few m inutes. Very shortly yield the Chair to Senator Parker and Senator 2  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 67th Legislative Day November l3 , 1997 Berman , Senaeor Ca rroll for introductions . (SENATE STANDS AT EASE) (SENATE RECONVENES)

. . . Gentleman Ladies and Gentlemen of the Senate, it is my honor today to have the privilege of introducing to you the Consul General of Israel to the Mtdwest, Tzipora Rimon, which -- who is here today to be introduced before the General Assembly, with Senator Berman and Senator Carroll. Tzipora Rimon was born, raised and educated in Israel. While serving in the Israel Defense Forces , she reached the rank of Captain and specialized in instructional work with the Women 's Corps. In 1975, Ms. Rimon joined the Ministry of Foreign Affairs. Among her broad range of expertise is Israel 's qconomic relations with the United States and Europe , and matters concerning the Wo rld Trade Organizations . In 1979 and 1980 , Ms . Rimon participated in the United Nations General Assembly as a member of the Israeli delegation . Ms. Rimon has served in Israel's Embassies in Copenhagen and Lisbon With responsibilities covering political , information and cultural affa irs. Between 1990 and 1994, she was M inister-counselor of the Israel Embassy in Rome and Israel's Permanent Representative to the UN 's Food and Agricultural Organization. She also served as Israel's representative at the International Fund for Agricultural Development and the World Food Program. She has filled the position of divisional director in the M inistry 's Econom ic Department, working with Jordan, Egypt, and the Palestinian Authority and the Gulf states . She has also participated in the 3  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 Regional Economic Development Working Group , the multilateral track of the Mid East peace talks, as well as in discussions and negotiations on bilateral and multilateral trade issues . She was appointed Consul General to the Midwestern section of Ehe United States August of 1997 , and we are delighted to have her here w ikh us today . Oh . Also , when we went on our educational mission to Israel this past summer, We did travel w ith her, and I have to tell you , it was a wonderful experience going to Israel and we are delighted that she agreed - along with that trip with Representative Cowlishaw , because she Will be also introduced in the House - to come With us today .

(Remarks by Consul General Tzipora Rimon)

PRESIDING OFFICER: (SENATOR WEAVER) Comm ittee Reports .

Senakor Weaver, Chair of the Committee on Rules, reports the following Legislative Measures have been assigned : Referred to the Comm ittee on Executive - Senate Amendment 2 to House Bill 1627, and Senate Amendment 2 to House Bill 16337 to the Committee on Insurance and Pensions - Conference Committee Report l to House Bill 14002 and Be App roved for Consideration - House Bills 1627 and 1817.

PRESIDING OFFICER: (SENATOR WEAVER) Resolutions .

Senate Joint Resolution 43, Constitutional Amendment , offered by Senator Cullerton .

PRESIDING OFFICER : (SENATOR WEAVER) Introduction of Bills.

Senate Bill 1218, offered by Senators Halvorson and L . Walsh . 4  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Leqislative Day November l3, 1997 (Secretary reads title of bill) lst Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Shadid, do you wish to return... House Bills 3rd Reading . Do you have a bill that you wanted to recall? 1158?

Yes -- yes, I do , Mr . President . Thank you .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Shadid seeks leave of the Body to return House Bill 1158 to the Order -- to the O rder of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1158. Mr. Secretary , are there any Floor amendments approved for consideration?

Amendment No. 3, offered by Senator Hawkinson.

PRESIDING OFFICER: (SENATOR WEAVER) Senakor Hawkinson.

Thank youg Mr. President . Amendment No . 3 addresses a concern voiced in committee regarding setbacks and the number of animal units. This amendment corrects it and increases the number of animal units from fifty to three hundred . I know of no opposition to the amendment and would ask for its adoption.

PRESIDING OFFICER : (SENATOR WEAVER) Is there discussion? If not, all those in favor, signify by saying Aye. Opposede Nay. The Ayes have it. The amendment is adopted. Any further Floor amendments approved for consideration?

No further amendments reported , Mr . President .

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator O 'Malley, on 887. Did you w ish this bill returned to the O rder of 2nd Reading? Senator O 'Malley seeks  STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 67th Legislative Day November l3, 1997 leave of the Body to return Senate (sic) Bill 887 to the Order of 2nd Reading for the purpose of an amendment. Is there leave? Hearing no objectiong leave is granted. On the Order of 2nd Reading is House Bill'887 . Mr . Secretary r are there any Floor amendments app roved for consideration?

Amendment No . 2, offered by Senator O 'Malley .

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

Thank you z M r. President and Members of the Senate . The underlying legislation deals with the Charitable Solicitation Act. What Amendment No . 2 is : makes a slight change to the reporting rules applicable to school boards. Under the amendment, school boards are required to p rovide their financial reports to the Attorney General upon the A ttorney General 's request. I 'd request your support.

PRESIDING OPFICER: (SENATOR WEAVER) Is there any discussion? Seein: none , those in favor of the amendment will signify by sayin: Aye . And opposed , Nay . The Ayes have it. The amendment's adopted. Any further Floor amendments approved for consideration?

Amendment No . 3, offered by Senators Shaw and Jones . PRESIDING OFFICER ) (SENATOR WEAVER) Senator Shaw . Senato r Jones , do you wish ko explain the amendment? Senator Shaw .

Thank you, M r. President. Amendment No . 3 adds an additional judge to subcircuit two, because most districts have eight subcircuits and -- and this district only have seven . So , I ask for the passage of the amendment. 6  STATE OP ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3g 1997

PRESIDING OFFICER: (SENATOR WEAVER ) Is there discussion? Seeing none, the question is, shall -- the adoption of Amendment No. 3. Those in favorr signify by saying Aye. Opposed, Nay. The amendment's adopted. Are there further amendments?

No further amendments reported .

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . On page 2 of your Calendar, House Bills 3rd Reading , appears House Bill No . 932. Senator Lauzen, do you wish to call the bill? M r. Secreta ry, will you read the bill, please?

House Bill 932. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen .

Thank you , Mr . President . House Bill 932, as amended , has three parts . It 's the Illinois Department of Employment Security administrative language, federal unemployment insurance compliance language , and moving the unemployment insurance speed bumps f rom 1998 to the year 2000 .

PRESIDING OFFICER : (SENATOR WEAVER) Is there discussion? Senator Jacobs .

Thank you r Mr . President , Ladies and Gentlemen of the Senate . On this bill , Senator -- would the Senator yield for a question?

PRESIDING OFFICER : (SENATOR WEAVER ) He tndicates he will.

Why were the -- the speed bumps moved? I thought that there 7 l  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 was an agreement under one of the current -- the previous p ieces of legislation we did to keep these speed bumps in there . I 1m not that concerned with -- you know , beinqs that the -- the unions are - - are neutral; I'm just curious as to -- to why we may not be living up to an agreement we made before .

PRESIDING OFFICER : (SENATOR WEAVER ) Senator Lauzen .

On the issue of the speed bumps, whether it 's better to have those placed in short increments or longer increments of time , I think that boils down to: When wedre making adjustments on trust fund , is it better ko wait a longer period and have to Make a bigger change , or a shorter period and make a m inor -- a minor adjustment?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs .

So, in effect, with the speed bumps, what We 're doing is we're not deleting them; we are just making the period longer. Is that correct?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen .

Actually , Senator, what we dre going to be do ing is extending them for two years .

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

Yes . Would the sponsor yield?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will yield .

8  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 Senator , as understand it , there was another House b ill that passed out of the House that Was agreed to by labor and manaqement, as we have in these agreed-bill-process negotiations, that would have moved the speed bumps to the year 2002. But this bill is different , and in this bill moves the speed bumps to the year 2000 . Could you tell Me why , or what part of the ag reed bill process did no* allok fo r us to pass *he bill that would have moved the speed bumps to the year 2002?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

Thank you . Yes, Senator . Basically the characterization of that bill being ''aqreed bilr ', I would -- would say is inaccurate. I figure that when the groups sit down at the table, that the final piece that has to go into place is that the folks who are elected by the people back home need to aqree to itg and at no time has that occurred . And so , you know , it 's a matter of - in any -- any of the legislation here - is the decision going to be made by the folks who are elected by people back homeg or are they going to be made by orqanized labor and management in this circumstance? PRESIDING OPPTCER t (SENATOR WEAVER) Senator Cullerton .

In other words, and I tend to agree with you, just because labor and management miqht aqree doesn 't mean that if both -- both Chambers don 't agree , the actual people that vote don 't agree, then you don 't have an aqreed bill process . Howevery wouldn 't be fairer for us to have the option of voting for either one of those bills? In other words , let 's say I Wanted to vote fo r speed - - putting the speed bumps out four years, you want to vote for speed bumps two years , why do we only have one bill to vote on? 9  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3y 1997 We are, as you said , the ultimate decision makers . There was a House bill that passed . Why are we not having that on the same Calendar as this one and -- and have us make that decision? Can you answer that?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

mean : Ehis -- I'm sorry , Senato r. This is the bill that we 're considering right now . It's -- it 's a very interesting hypothetical and I I 1d be happy to discuss it, you know , in more detail with you, butp I mean, this is -- is the blll that is on fo r consideration right now is House Bill 932, as amended .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia . SENATOR GARCIA I Thank you , Mr . Presidenk . Would the ...

PRESIDING OFPICER: (SENATOR WEAVER) Excuse me , Senator. Evidently Senator Cullerton was not finished with his questioning. Senator Cullerton.

So, just so I understand. You are standing up for the proposition that khe -- that the Body - the legislators - are the ones that have to go along with any agreed bill process: and I agree with you on that. But youdre also sayinq, apparently, that you, because youpre in the Majority and because youdre assigned to this issue, are just qoing to veto the right of the rest of us to vote on anything other than what you are saying we have to vote on. And that is probably not good for the process, in my opinion.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia .

Thank you, Mr. President. Would the sponsor yield for a 10  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3: 1997 question or two?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will.

Thank you . Senator Lauzen , is there a bill, to your knowledge, still alive in this General Assembly that has a 2002 extension of the speed bumps?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

I am not aware of one .

PRESIDING OFFICER : (SENATOR WEAVER) Senator Garcia .

I believe that there is, and please correct me if I am mistaken. I think it's House Bill 310. But I won't belabor that point, because I don 't want to be redundant. The bill that is before us is not what we 've come to know in tradition here as the agreed bill that has gone through a p rocess where business community and labor have both agreed upon it . Is that correct?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen .

I 'm sorry . You know , Senator, I do believe that every law that comes out of this Chamber is passed by the people Who have been elected by folks back home to make the decisions, not the special interests who are -- have important concerns . I th ink that, as We discussed in committee yesterday, the final decision rests in your hands and my hands , entrusted by the peop le back home .

PRESIDING OFFICER : (SENATOR WEAVER) Senator Garcia .  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997

Yes. And I understand your philosophy . I can relate to it . I disagree with it, and I think there is a tradition here Whereby we 've gotten to good comprom ises because the two parties -- principal parties -- who -- whom this legislation affects aqree and are forced to compromise. This bill is not the product of that. Having said thatr I'm going to say the -- I1m going to ask you one more question and then s#eak to the bill. If we don't act on this legislation before us right now, what happens after the first of the year?

PRESIDING OFFICCR : (SENATOR WEAVER) Senator Lauzen .

As the -- hoW the speed bumps Work is that Without -- with -- as -- how the speed bumps work is that the tax rates to employers goes up , the benefiks to laid-off employees go down.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia .

That 's correct , and my main preoccupation at th is poinE .in time is that beginning on the lst of 1998, ehat workers would lose benefits if we do not act. I am not fully satisfied with the bill that is before us , but again z I would like for th is legislation to increase benefits to workers in the Skate of Illinois Who should become unemployed and that's why I'm going to vote for this bill. At the same time , I want to point out that while labor -- organized labor in Illinois opposed the bill in committee, they have taken a neutral position on the bill . The important thing here to remember is that when we come back here two yea rs from now , it will be very important for us to look at the Unemp loyment Compensation Fund , to look at the level of fund ing for the Fund at that point in time , and then I thlnk it would behoove al1 of us to 12  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3 , 1997 take the agreed bill process into consideration . I think that it can save us a lot of troubles . It does have the main parties affected by this type of legislation agreeing to it . I th ink that's very, very important. While I agree with you that we are the ones that make the final decisions p I think that when you have the most important parties at the table , spending many hours w ith you and w ith Leaders from the other Chamber here in Springfield, that we ought to give that great consideration . As I said , I 'm not excited about the bill. I don't think that it Was the best process . However, it 's what 's before us. It 's a limited option that we have , and for that reason, I intend to vote for the bill and would urge others to consider doing the same . Thank you .

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not: Senator Lauzen, to close .

Thank you very much, Mr. President. First of all, I 'd like to thank Senator Garcia for his many hours in the process and -- and for his work on goinq through , bringing everybody together. It is a complex matter, especially when the interests are so divergent . I would like to say that it is not noW and never has been my position that any person would veto the opportunity for people in this Body to debate bills , but we do have the committee process that tends to sort through the various b ills, and we get presented w ith what comes out of the committees. So I would like to correct, perhaps , if I didn 't leave the right impression there . Also, just for a factual point, either -- it's either House Bill or Senate Bill 310, was in a conference comm ittee repo rt w ithout that being filed . That ls why I say that that 's not in the process at this point. With that, I Would just say that I think that it's important that We extend the speed bumps to the year 2000. I just ask for an Aye vote . 13 ! STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November 13, 1997 PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall House Bill 932 pass. Those in favor -- Senator -- Senator Hendon, he was closing . The question is, shall House Bill 932 pass. Those in favor will vote Aye. Opposed, Nay. And khe voting is open . Have all voted who wish? Have a11 voted who wish? Take the record . On that question , the Ayes a re 54 , the Nays are none , 3 voting Present . House Bill 932 , having received the required three-fifths majority, is declared passed. Senator Shadid , are you ready on -- Senator Shadid , are you ready on 1158? Mr . Secretary , Would you read the bill? SECRETARY HAKRY : House Bill 1158 . (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator Shadid . SENATOR SHADID : Thank you , Mr . Chairman , fellow Members . House Bill 1158 is regarding mega-hog farm and is -- pertains to some, we feel, very reasonable regulations that we lve worked on very hard. Several leqislators from the Peoria area, wefve met with the Pork Producers, the Farm Bu reau , the cattle people r and everyone concerned , to try ko put something tosether that we th ink is acceptable and people can live with . It 's a very emotional issue , especially in the central Illinois area. 0ur bill is -- Senate Amendment 2 to House Bill 1158 is similar to Senate Amendment l to House Bill 1547: which Senator Sieben will be proposing someeime this afternoon . It 's another hog farm bill. The following provisions are included in Senate Amendment 2 of House Bill 1158 and not included in Senate Amendment l to House Bill 1547 . I believe that the biggest issue here is Whether EPA should be involved in the inspections of lagoons that are a thousand animal 14 I  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 67th Legislakive Day November l3, 1997 units or more on an annual and random basis. We feel very strongly that EPA should be involved , because they are the agency that is -- that is charged w ith the environment and keepinq the environment clean and safe for a1l of us . This also establishes a minimum setback of a quarter mile from the nearest occup ied farm residence for livestock facilities of waste handling facilities -- or waste handling facilities serving three hundred or more but less than a thousand animal units. I would like to, if I might -- you know , I really didn 't know anything about hog farms or anything until about six or eight months ago , and I 'd like to explain to you, it I might: what a thousand animal units means as far as certa in animals . A thousand animal units , as far as cows and feeders, means a thousand cows and feeders ; dairy cows , it means seven hundred and fourteen ; young dairy stock , means one thousand six hundred and sixty-seven; swine which are fifty-five pounds and over, means twenty-five hundred; swine under fifty-five pounds, means thirty-three thousand three hundred and thirty-three; sheep, lambs and goats, it's ten thousand; horses, it's five hundred; and turkeys, it's fifty thousand . I thought that m ight be information that you m ight want to know . I -- I would be more than happy to answer any questions . I believe my cosponsor, Senator Hawkinson, would like to say somekhing. Thank you .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson .

Thank -- thank you, M r. President. I Want to congratulate Senator Shadid, in particular Representative Moffitt. We dve also been working on a bipartisan basis throughout the summer and the fall to try and develop reasonable suggestions to improve and to strengthen the Livestock Act. There 's been a lot of concern in our area , a number of people who are very interested and -- and 15  STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATC TRANSCR IPT 67th Legislative Day November 13, 1997 concerned about strengthening the Livestock Act throughout central and western Illinois. And we fve come up what we believe is a -- a very good list of -- of imp rovements. Many of these suggestions for strengthening the Act are also found in Senator Sieben 's bill and I intend to support Senator Sieben 's bill as well. Senator Shad id has highlighted some of the differences in the bill. For purposes of legislative intent, let me read -- read a -- a short statement in terms of the Environmental Protection Agency , and - - I believe this also w ill apply to Senator Sieben 's bill. None of the penalty p rovisions of this bill as they app ly to the Department of Agriculture are intended , in any Way , to p reempt the Illinois Environmental Protection Agency 's authority to seek penalties under provisions within the Illinois Environmental Protection Act or the federal Clean Water Act . It is not the intention , under this bill or Senator Sieben 's bill , in any way to lessen the current penalties and the current authority under either of these other Acts. We intend to strengthen the Livestock Act with the provisions in our bill, but in no way to preempt or take away the authority under the current Acts. We believe that these are a reasonable set of -- of restrictions. The authority of the Illinois Environmental Protection Agency to inspecE these new large lagoons is tiçhtly drawn so that it is lim ited to the inspections of these lagoons . Senator Shadid has explained the other provisions of the bill. We need to keep this process going . We only have a day left. We should send these bills over to the House so we can geE some action and improvements this fall. Thank you very much .

PRESIDING OFFICER : (SENATOR WEAVER) Senator Shaw .

Point of personal point of -- point of information, Mr . P resident. Is -- is it the intent of the President to keep this 16  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3g 1997 Body in the dark for the rest of the day?

PRESIDING OFFICER: (SENATOR WEAVER) We're going to continue to go through the Calendar and do business as it comes before us . Senator Jacobs .

Yes . Thank you , M r. President , Ladies and Gentlemen of the Senate. You know, a quarter of a mile sounds a lon: ways whenever it comes to most things, but when we -- we talk about mega-hog farms, I don't know if a quarter of a mile is enough . But talking to Senator Hawkinson before and Senator Shadid, this bill is a lot better than -- than what We had before, and I know that there 's p roblems in their district and also there 's some problems in my district. I think we have taken a step in the right direction with this bill . I don 't think it goes far enough , but I Would urge support because it 's the only show we have in town that ls going ko make it at least better than what it is now.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

Thank you, Mr. President. Will the sponsor yield for some questions?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he would .

Thank you. Senator Shadid, I know youdve been working on this very hard to try and address some situations in your district, and I can appreciate that. In your opening remarks, you indicated that you 've worked with a lot of different organizations. Can you tell me who is in support of this bill and who is in opposition to it , please?

PRESIDING OFFICER : (SENATOR WEAVER) Senakor Shadid . 17 r STATE OF ILLINO IS 90TH GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 SENATOR SHADID : If you 're asking what organizations support it , the -- the folks that I am representing on this are all the constituents who have sent letters, called my office, and these are hundreds who have called constantly , written letters to us, telling us khey want something done , and they dre very emotional about it . When I said to you I met with the Pork Producers and the cattle folks and the Farm Bureauz they lre biggest concern with us: they didn 't want EPA involved . 1 '11 be very honest with you . But I feel very strongly that EPA -- and also the other five legislators feel very strongly , who put this together, that they feel strongly that EPA should have some involvement of inspecting the lagoons annually and on a random basis for all lagoons with a thousand or more units . PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski . SENATOR BURZYNSKI: Then in answer to my question , then, Farm Bureau and the livestock organizations are not in support of this legislation? PRESIDING OFFICER : (SENATOR WEAVER) Senator Shadid . SENATOR SHADID : I believe the Farm Bureau is neutral on this . I don 't see Who the opponents are . I don 't have a list of the opponents. PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski. SENATOR BURZYNSKI: But they dre not in support of, as written? Just a follow-up on that : You indicated some concerns relative to the EPA inspection , rather than Department of Agriculture inspections. Why are we shifting to an EPA inépection, rather than the industry that really is very involved in this participating in the 18  STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 inspection process?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Shadid .

Well, I think, as I explained earlier or mentioned , Senator, EPA 'S responsibility in our State is for the environment, and I think that's What's affected here, and especially with the lagoons for the mega-ho: farms . The Department of Agriculture , their main thrust is farming , not the environment.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

I -- I understand your concerns, but I would also suggest to you that agriculture and the Department of Agriculture is also very concerned with stewardship of our farmland and stewardship of our natural resources . So : I -- I would suggest that rather than having a regulatory agency such as the EPA involved in this, with the exception of when there is a problem, when there is a situation that occurs that -- that, really, they need to be involved with, that perhaps the Department of Agriculture is more appropriate. I understand the concern about mega-hog farms, and we dve all heard that term thrown around , but I would also submit to you that there are a lot of large hog farms and operationse or livestock operations, that are family-owned farms, family-owned corporattonsp et cetera . I also have some concerns with the setback provisions that are in this bill. A quarter of a mile does sound like a lot . We all know that that quarter-of-a-mile distance is shrinking , that it 's closer and closer all the time . But when people move into rural areas, rural -- they -- they must realize that there is going to be the potential for livestock facilities, for farming operationss et cetera . So I do believe that that 's another concern . But I really think that, ultimately , 19 I  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 67th Legislative Day November l3 , 1997 Senator Sieben has a bill, House Bill 1547 : that addresses the concerns , or at least many of them that you have , and -- and I think Senator Hawkinson mentioned that as well, with the exception perhaps of the EPA being the regulatory agency over the -- the lagoons . I would hope that the Members of the Body would -- would please take a careful look at the differences between the two bills and understand that when we have more regulatory agencies involved that we dre also limiting , perhaps , production, that we dre also lim iting the ability of people to do business on a normal basis . So , I would urge the Body to carefully consider this billy as well as House B ill 1547 .

PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? Senator Myers .

Thank you , Mr . President. 1, too , have been talking to some of the -- the small- and medium-size farmers in my district, and I still have some concerns about this bill . Particularly , and -- and almost exclusively , the problem that they have w ith this bill is w ith the EPA introduction as more regulatory than it was. It 's - - it 's wonderful when you have a fam ily farm and -- a small family farm and you can pass this tradition down to your children. And there are concerns with the people who are the smaller farmers that this bill might adversely affect them . Therefore , 1, too , would ask that you seriously consider this bill , as well as the bill that's coming very soon after thisr when you cast your vote. So I would thank you very much .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson, further discussion?

Yes. Thank you r Mr. President. I -- I guess I'm going to reiterate what -- some of the comments that already have been ! made , especially by Senator Burzynski. But in my area , I have a 20  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 67th Leqislative Day November l3, 1997 1ot of dairy -- dairy farms . Clinton County , in fact , there 's more m ilk produced there than -- than any other county in the State. And welve had a big problem recently with EPA coming onto family fa rm s that have been in the -- in the family for generations - in one easer four generations. And the problem is - and any of you that have dealt with EPA , you lll probably know What I 'm talking about - is the -- is the reasonable -- the lack of reason sometimes when you deal with the EPA . There isnlt very much gray area . Maybe it ls the people they have out in the field . I 'm not sure what it is . But anytime that I 've had to deal with khe EPA it 's been a problem generally , and that 's unfortunate . But what they 've done in my situation and in my area is going to be putting people out of business - farms that have been in -- in the fam ilies for -- for many , many years . And we fre not talking about necessarily , as -- as Senator Burzynski mentioned, this -- the mega-hog farms. This is not necessarily pointed just at them. Some small farmers kith -- with livestock that, of course, comes under the threshold of -- of this legislation will be impacted. So it isn't just simply the hog -- mega-hog farms that wefre talking about. The Peoria Journal Star -- and I have -- and I do appreciate Senator Shadid and -- and Senator Hawkinson and others from -- from that area that are having this problem r but the Peoria Journal Sta r ran an article and an ed itorial saying here are the -- the Senators and Representatives that voted No on -- on the particular bill that they Were sponsoring two weeks ago in the Ag Committee. And they said, ''Ca1l Frankd', put my phone number in there . ''Write Franku, address in there . And -- and said , ''eell him that we need to have this , that this is someth ing that 's very important.'' You -- I got calls. I got letters. But they weren't tn support. They said you dre doing the right thing by -- by voting No on -- on this restrictive type of legislation . So , I know a lot of you aren 't impacted by this because simp ly , 21  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Leqislative Day November l3, 1997 obviouslyp you don't have farms in your district, but if you want to help downstate and you want to help the agriculture community in regard Eo Ehis issue, the proper vote on this particular bill is No . We have another bill com ing up in a moment that 's more reasonable and I would suggest a Yes vote on Senator Sieben 's bill. But this one is a bad one. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? Senato r Rea .

Thank you , Mr . President , Members of the Senate . I have the greatest respect for the two spopsors of -- of this bill. I think that there 's several areas here that are certainly good . But one of the major differences between Senate Bill 1158 and 1547 is the regulatory function. I do have some serious concerns about EPA regulating. I think thak in the past we have seen some hindrance of economic development in the State. Some of the legislation has gone beyond the original intent of what was planned . Wedve seen this with coal - and I grant you that some of this was through the federal EPA . We dve seen it with industry and business: and think we see the same thing here. So I just wanted to add this in addition to what has already been said about the billz especially what Senator Watson and Burzynski has said, and I would hope that you would vote No on this bill , but vote Yes on Senate (sic) Bill 1547.

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

Thank you, Mr. President. I just Wanted to rise in support of this legislation . These hog farms are -- are going to create problems throughout Illinois -- throughout downstatez sim ilar to problems we had in the '80s with -- with landfills and the debris they created . We 're go ing to have the same p roblems wieh these 22  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 mega-ho: farms . We had one in De Kalb County a few years ago y back in the '80s, that had a spill, killed everythin: in the Kishwaukee River for thirty-three miles and the fine was something like eleven thousand dolla rs . It was -- it was absolutely ridiculous. There was no oversight. And itls time We had an independent agency look at it - the EPA - independent from the Department of Agriculture . As we all know , there 's a conflict involved in the Department of Agriculture regulating hog farms; it's with the -- the Chairman of the Department -- the head of the Department and her family running hog farms. To me that doesn't make any sense. And for now, it seems to me, we should pass this bill that lets the EPA be in charge of these inspections. When we get a new Director of Agriculture , let 's look at again , and then maybe we can change it. But I think we should give this plan a try and I urge an Aye vote .

PRESIDING OFFICER : (SENATOR WEAVER) Further discussion? Senator Hawkinson, for a second tlme.

Thank you , M r. President. I apologize for rising a second time , but had to correct some misinformation that 's come out about the EPA being involved with smaller farms . That 's simply not true . The EPA involvement is strietly lim iked to those who are required to register under the Livestock Act, Which Was created last year, and are more than a thousand animal units. It does not apply, in the EPA sense, at al1 to smaller producers. It is strictly lim ited , in the EPA involvement, to the larger producers, to those that are required to be registered under the Act .

PRESIDING OFFICER : (SENATOR WEAVER) Is there further discussion? If not , Senator Shadid , to close .

23  STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 67th Legislative Day November l3, 1997 Thank you , M r. Chairman . And I certainly appreciate a11 the comments that folks have made; for instance, the quarter-mile setback that there was some concern about is presently in the law now . We have not changed that whatsoever . EPA also opposes this legislation, by the way. And they oppose it because we have not given them enough authority when they reach the farm . And we did that purposely, because we knew there was a 1ot of concern about EPA 'S role in this . But you know , EPA , I 've heard so many horror stories from Senators on both sides of the aisle, and especially today : about Why we shouldn 't allow them here, we shouldn 't allow them there. It would seem ko me that if we have these kind of p roblems w ith the EPA then let us bring the Director to task and let 's ask some questions of the Director of why this Department is out of control, supposedly . I 'm willing to slt in on that . I don 't have any problem whatsoever . But I think it 's very important . And when you 're talkinq about the environment -- and I 've had my own personal problems w ith EPA . But when you lre talking about the environment and credibility , the cred ibility right now with the Ag Department doin: the inspection, as far as I 'm concerned from the people of my area , is not very high . So I would , hopefully , ask you to give me a Yes vote , and I would app reciate it . Thank you .

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall House Bill 1158 pass . Those in favor will vote Aye. Those opposed Will vote No. And the voting is open . Have all voted who Wish? Have al1 voted who Wish? Have a11 voted who wish? Take the record . On that question, the Ayes are 4l , the Nays are ll, 1 voting Present . House Bill 1158 , having received Ehe constitutional majority, is declared passed.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O 'Daniel, what purpose do you rise?

24 !  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3y 1997 Mr . President, if I hadn 't been over lobbying Senator Donahue, I would have voted No on that bill. So I didn 't get voted . want to be recorded as voting No on the prev ious bill .

PRESIDING OPFICER: (SENATOR DDDYCZ) The record shall so reflect your intent . Senator Madigan , what purpose do you rise?

Thank you , Mr. President. Just for purpose of an announcement that the Insurance and Pensions Committee will meet at Room 2l2 at 2:45. 2l2 at 2:45 .

PRESIDING OFPICER: (SENATOR DUDYCZ) Turn your Calendars to the middle of page 3. In the Order of House Bills 3rd Reading is House Bill 1214. Senator Dillard. Mr. Secretary, read the bill.

House Bill 1214. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DDDXCZ) Senator Dillard .

Thank you , Mr . President, Ladies and Gentlemen of the Senate . Very briefly, House Bill 1214 rekrites the appraiser Article of the Real Estate Licensing Act and it makes it its own Act. This is not neW licensure. Al1 wefre doin: is really moving it from one place to another and giving it its own Act primarily for stature , if nothing else . I don 't know of any opposition . It 's been wo rked long and hard by the Realtors ' A ssociation . It ls supported by the Cook County A ssessor 's Office , the O ffice of Banks and Real Estate and the Illinois Coalition of Appraisal Professionals. Ild be happy to answer any questions. PRESIDING OFFICER: (SENATOR DUDYCZ) 25  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 Is there any discussion? If not, the question is, shall House Bill 1214 pass. A11 those in favor will vote Aye. Opposed will vote 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 question , there are 58 Ayes , no Nays : none votin: Present . And House Bill 1214, having received the required constitutional majority, is declared passed. House Bill 1547. Senator Sieben. Mr. Secretary, read the bill.

House Bill 1547. (Secrekary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Sieben .

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This legislation also amends the Livestock Management Facilities Act and provides some improvements to that Act, I think in response to constituene concerns and industry concerns and concerns by the Department of Agriculture. And I first want to begin by commending Senator Hawkinson and Senator Shadid and their colleagues in central Illinois who have worked for many , many days and spent many, many hours discussing this issue with Members of the Ag Comm ittees in both the Rouse and *he Sena ee and concerned citizens around central Illinois. I think a11 of us have the same goal in mind, and that is we want to provide the proper oversight and regulation in this area, but we also want to foster and encourage a livestock industry in Illinois that provides jobs and provides strong economic benefit to many regions of the State of Illinois. So commend them for their work on thisg even though we disag ree on the involvement of the EPA in the inspection p rocess and the changing of the setback requirements on the smaller farms . 26  STATE OF ILLINOIS 90TH GENERAL ASSEMBLï REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 I'd also like to thank the members of the Joint Livestock Advisory Committee: the Ewelve citizen members that met this summer numerous times and took public input, and a 1ot of what we have put forth in this leqislation is in response to the -- the input that we got from the members of that Livestock Advisory Comm ittee . This legislation does many of the same things that Senator Hawkinson and Shadid 's legislation did. It deals with the -- the location of the composting of dead animals . It requires the mandatory reporting of spills. It adds another provision for the financial responsibility Section dealing w ith the closure fund administered by the Illinois Development -- or, Farm Development Authority. In this legislationr the Department of Agriculture is the one that will be doing khe annual inspection, and I think they can do an adequate job. They already do this now in the area of weights and measuresr inspectinq our -- our meat processing facilities. They inspect grain warehouses. They inspect seed dealers . They have a whole list of inspection requirements that they continue to do. Nok, I'd say that We also agree on tightening up some of the penalty provisions in the violation Seceions of this Act: so that we dre going at this no* in a three-strikes-and-youlre-out approach. The first offense gets a a warning . The second offense gets a monetary fine. And on the third offense, the operator will receive a cease and desist order . So we 're toughening up that section. We 're also responding to the public 's concern that they want to have an opportunity ... Thank you, Mr. President . In many of our counties, the public is expressing a concern that they want to have an opportunity for public input on these facilikies . So welve set up a mechanism under this legislation that: When the Department of Agrieulture receives a notice of intent to construct by the operator, the Department of Aqriculture will notify the county in which it will be located . That county board, then, may 27  STATE OF ILLINOIS 90TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 call a public -- and may schedule a public hearing , public informational meeting, at which the operator must be pleasant -- present to explain the operation. The Department of Agriculture must also be present . And the construction of the facility -- of the waste lagoon cannot proceed until this public hearinq , public meeting , has been held . I also want to read, for legislative intent, a statement on behalf of the Illinois Environmental Protection Agency that none of the penalty provisions of this bill as they apply to the Department of Agriculture are intended to in any way preempt *he Environmental Protection Agency's authority to seek penalties under provisions within the Illinois Environmental Protection Agency Act or the federal Clean Water Act. And with that intent, it removes the objection of the EPA to this bill. So they are now a supporter in the bill . Also , other supporters that filed proponent witness slips for this bill: the Illinois Pork : Producers , the Illinois Beef Association, the Illinois Farm Bureau and the Illinois Corn Growers Association. So We do have a broad base of support for this leg islation . I think it goes in the right direction. One other element that's in this legislation that answers the concern or addresses the concern of employees of the soil and water conservation districts - and I don't know if you have members or constituents in your districts that have not had their health insurance claim paid by their insurer - it adds the language to empower the Department of Agriculture to make the payment of those claims, subject to getting the money in the supplemental appropriation. So, Mr. President, I'd be pleased to answer any questions in response to this leqislation.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator O 'Daniel .

Thank you , Mr. President, Members of the Senate . I rise in support of this leqislation. You know, last year we passed the 28  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 Livestock Eacility Management' Act, and I think, you know, if we aren't very eareful, we're going to move so fast and get so many different agencies involved into ikr we'll pu* in jeopardy the -- the livestock industry in this entire State. You know, Illinois is one of the leading feed-grain-producing states in the nation . Up till two years ago, no one seemed to be concerned about the odor and the waste from the livestock industry. A1l of a sudden they lve realized that we dve got a p roblem , and -- and we all realize there 's a problem . I don 'k care Whether he 's got a hundred sows or five thousand . There 's -- there ls a prob lem out there and we 'll elean it up . You know , Ehe University of Illinois is now beginning to work with some technology to take care of some of this -- this waste and odor problem that we have. But my bi: aoncern is, if we aren 't careful, wefll -- we'll run the livestock industry out of this State. It's not just -- it's not just the pork producers. Itdll be dairying, as -- as Senator Watson talked about. Itlll be beef, poultry, everything . We won't -- won 't be able to raise livestock in the State if we arenft very careful. But the thing I 'm asking us to do -- we all realize there 's a problem . Let's give it a chance to work this Livestock Management Act, and We're kiqhtening it up some, but I feel very strongly that the Illinois Department of Agriculture should be the lead agency in anything like this that's pertaining to regulating the - - the agriculture induskry in in the State of Illinois. Sog I'm going to support this, but let's try to be reasonable and let's try to work through this, and we will. You know , we had the same problem back several years ago when we started using chemicals . We said we lre going to destroy the environment . We didn 't do that. Now you can you can use pesticides and herb icides and still farm p rofitably and and p rotect the environment at the same time . But if we aren 't very careful , welre going -- wedre going to do something that's -- that we'11 29  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3 , 1997 regret in the future in this great State . And I -- I rise in support of this and I ask everyone ko try ko work together and help us work through this -- this problem we have right now .

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Sieben, to close .

Thank you: Mr. President. I think this is a good, reasonable compromise in the area of additional improvements in the regulations; has a broad base of support among the a: industry. And I think it addresses many of the concerns that individual citizens and neighbors to these facilities have raised, and I would ask for your Aye vote .

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 1547 pass . A 11 those in favor will vote Aye. Opposed will vote Nay . And the voting is open . Have al1 voted who wish? Have a11 voted who w ish? Have all voted who wish? Take the record. On that queskion, there are 52 Ayes, l Nay, l votin: Present. And House Bill 1547, having received the required three-fifths majority, is deelared passed. v . p calendars back to the bottom of page 2 in the Order of House Bills 3rd Reading. House Bill 887. Senator O 'Malley on the Floor? Senator O 'Malley . M r. Secretary , read the bill.

House Bill 887 . (Secretary reads title of bill) 3rd Reading of *he bill. PRESIDING OPFICER: (SENATOR DUDVCZ) Senator O 'Malley . SSNATOR O 'MALLEY : Thank you, Mr. President, Members of the Senate. Senate (sic) Bill 887, as amended, becomes the bill and is in response to the concerns of a group of charitable organizations after the passage 30  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 of House Bill 1211 earlier this year. The language Ehat 's contained in the legislation is agreed to by the Attorney General and *he charikable organizations that are involved. The concerns that were expressed about trustee liability under the bill have been negotiated with the Atkorney General 's Office . Be happy to go into the details of it if you want. There was an Amendment No . 2 that *e put on earlier today that was intended to add ress some concerns of school boards. It basically provides that the financial reports that are required will be delivered to the Attorney General upon the Attorney Generalls request. Lastlyr there 's an Amendment No . 3 that is part of the bill that p rov ides for an additional circuit judqeship from the second subcircuit of Cook County. Be happy to answer any questions there'd be.

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If notg the question is, shall House Bill 887 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l voted who wish? Have a1l voted Who wish? Have all voted who wish? Take the record . On that question, there are 56 (sic) (57) Ayes, no Nays, none voting Presenk. And House Bill 887, having received the required three-fifths majority vote, i: declared passed. If your -- if you turn your Calendars to the top of page 7, in the Order of Constitutional Amendment 3rd Reading is Senate Joint Resolution l5. Senator Dillard. Senator Dillard, do you wish Senate Joint Resolution 15 considered? Mr. Secretary, read the resolution.

Senate Joint Resolution , Constitutional Amendmenk , l5e offered by Senator Dillard . (Secretary reads SJRCA No. l5) 3rd Reading of the resolution.

PRESIDING OFFICER: (SENATOR DUDYCZ) The Chair recognizes a former Member of the Illinois Senate, 31  STATE OP ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3r 1997 former colleague of ours and the current Treasurer, Treasurer Judy Baar Topinka . Welcome to the Senate . Senator Dilla rd .

Thank you , M r. President, Ladies and Gentlemen of the Senate . I 'm happy to rise on this Senate Joint Constitutional Amendment, which would propose a question that we put to the people of the State of Illinois at the next General Election . I 'm happy to encourage you all to vote for this bill that will give the citizens of Illinois less government, more efficiency, and at a lower cost, and that is consolidatin: the functions of the State Treasurer and State Comptroller. There a re many compelling reasons for merging khese t<o offices, but let me just give you the big two. The first is streamlining government. You combine two offices into one operation . And the second would be cost savings. And while it's impossible to predict how much money can be saved, even if just one dollar was saved, the taxpayers would be better off because of the increased efficiencies, the streamlined bureaucracy, and the ability to deal with problems and opportunities in a global manner, sort of, what I call , one-stop shopping. Where would the cost savings come from? I think it comes from common sense . You take personnel right off the top . The new combined office would only need one chief of staff , one legislative liaison, one press secretaryz one legal counsel , et cetera. And obviously, you qe* rid of a lot of ancillary, duplicative cost. There Would also be substantial savings in rent, data processing and other related areas . And as I said previously, while one can't predict what it will save, my estimation, in working with the Treasurer's Office and the Comptroller's Office , is this will save ten to twelve m illion dollars , as it did recently in the State of Texas where they adopted this. Let 's talk about some checks and balances and safety factors here. In going back to the original Constitution 32  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 of 1970, why do we have two offices? Well, first of all, things on a fiscal standpoint in Illinois are very different than they were twenty-five or kwenty-seven years ago when We got the Constitution of 1970. We now have a very strong Auditor General with independent authority to check the books and records of the State of Illinois. We have a Legislative Audit Commission, which many of you serve onz that provides tremendous oversight into the operaeions of State government. We have a very strong and professional appropriation staff on al1 four caucuses in the House and the Senate . Computer technology was not around twenty-five years ago, and it provides a wealth of checks and balances with more accuracy than ever before . And in the Treasurer's Office , a bill I sponsored on behalf of Treasurer Judy Baa r Top inka : We have a first ever Inspector General with independent authority to investigate problems. Just in closing: Why do we call it the Treasurer instead of the Comptroller? There's nothing really sacred about a name, but I think the people of Illinois know that the word ''T reasurer'' equakes money . And ehere 's a lot of confusion out there, even among professionals and insiders in State government and those who follow State government , as to where do you go to have your questions about the State fs finances answered . Do you go to the Comptroller or do you go to the Treasurer? And I say , ke should have one-stop shopping so that one office answers the public's questions about the condition of the State 's treasury. So this has been discussed for a quarter of a century, this idea. NoW is the time to make it reality. And I guess just to close, and 1.11 be happy to answer any questions, the list of proponenks is long, so long that in commiktee we didn't even read in the list of all the proponents to this. This has been studied . Numerous editorial boards have commented that this is a good idea. And, Mr. President, I would urge a Yes vote on this . 33  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997

PRESIDING OFFICER : (SENATOR DUDYCZ) The Chair recognizes another Member -- form er M ember of the Illino is Senate r current Chairman of the Regional Transportation Authority , former Senator Tom Mccracken . Welcome to khe Senate . Any further discussion? Senator Jacobs .

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senator Dillard answered part of my questions, but looking at our analysis , we go back to what Delegate Coleman said at the last Illinois Constitutional Convention, and he said: The man doing the spending r the Governor, should be separated from the man keep ing the money or writing the checks . Senator Dillard also said things have changed since then; we now have an Auditor General; we have computers. But also, here in that same analysis, it says the Auditor General had -- then , had testified that, from an accounting standpo int, you -- you have to separate the positions of record keeper and money keeper. And as for the idea of savin: money, I think we're all for that. But I canlt help but go back to our infinite wisdom whenever we changed the House of Representatives and reduced them by one-third, that we said we were going to save money there also. The fact of the matter is, we have not saved money there . I -- I think that the people of this State have: in effect, said that they like the two system, the Auditor -- I mean , the Comptroller and the Treasurer. If this Body wants to change it: that's fine; but I'm sure that, somewhere along the line, we dre going ko find out that there are some problems With thie and I think that they pre ones that are going to rear their ugly head down the pike a little bity and I1m just afraid that what we lre doing here is not entirely a good idea .

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Lauzen . SENATOR LAUZEN : 34  STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November 13, 1997 Thank you very much: M r. President. Ladies and Gentlemen, we're a11 for careful, preplanned, properly evaluatedg true consolidation of financial funetions to make government more effective, efficient, responsive to taxpayers and citizens. Unfortunately, this resolution does not achieve those desires; but it does represent a symbol of constructive effort. have several questions for the sponsor .

PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor indicates he will yield . Senator Lauzen .

Senator, can you tell me let's see, if I'm not mistaken the Comptroller 's Office has app roximately three hundred and twenty employees r while the Treasurer has about a hundred employees - what consideration has been qiven to repealing the duties of the T reasurer and putting those into the Office of the Comptroller?

PRESIDING OFFICER : (SENATOR DUDXCZ) Senator D illard .

Wellr first of all, Senator Lauzen, khere will be a trailing piece of legislation should the voters tell us that this is the way they Want to go ; we 'll have trailing legislation to -- to clarify a lot of things. But obviously, the core employees stay, but the duplicative, superfluous - two legal counsel, two press secretary, two -- you know, two people who Serve in different administrative offices in those office who don't really provide a core function, they dll be elim inated .

PRESIDING OPPICER: (SENATOR DUDYCZ) Senator Lauzen .

The -- the claim is that this resolution will streamline government and save costs . Can you point to the language in the bill that quarantees, or even defines, these benefits to our 35  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 citizens?

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Dillard .

Well, firsk of allr Senator Lauzen, this is a proposed constitutional amendment, so the actual savings will -- and -- and the trailer legislation will spell out in greater detail where the savings w&ll be; bu* as I said in my opening statementy you know, I can't guarantee exactly what the amount of savings will be. It may be from one dollar up to twelve million dollars, but in Texas they tell me that they have saved *en to ewelve m illion dollars. And obviously , common sense would tell you you can eliminate a number of positions . But aside from the fiscal implications of sav ing taxpayer money , I believe the consolidation stream lines government. It leads to one-stop shopping and a much better form of qovernment than today . And even cost savings aside, this is still a good idea.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen .

Okay. I appreciate that there is no detail on how many dollars are going to be saved. Then, would you show me, again, in the bill how -- and, actually, I know that we sometimes complain on the Senate Floor that we get a description of What we're going to vote on maybe a day or tWo before we're actually asked to vote on something. Here we have a circumstance that we're being asked to vote on something and then welre going to draft what the plan is. Would you show me in the bill hoW any of the key functions - you mentioned , Well, it 's because it 's going to streamline , and even if we don 't save any dollars , the offices will run better - would you show me in this proposal how any of the key functions of the Comptroller's Office will be improved? For instance, how will 36  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 State contracts and records be maintained better? How will reports on the fiscal condition of the State , like comprehensive annual financial statement or the receivables report r tax incentive report , fiscal focus, fiscal responsibility report ca rd , be any better? How will our bills be paid more promptly under the language of this resolution? In fact, hoW does this resolution gua rantee that it won 't become worse?

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Dillard .

Senator Lauzen , essentially what the constitutional amendment does is it just takes the core functions of one office and moves it into the other. But again , like any constitutional amendment or any reorganization of State qovernment if it 's done by an executive order of the Chief Executive of this State , the Governor, it comes and the deta ils come in the trailing leg islation . You know , will things run better? I believe they will . A re there guarantees? Absolutely not. But aga in , I don 't understand , I think this makes common sense . It 's done this Way in most states. It saved a lot of money in Texas , and al1 we 're asking is the citizens of Illinois to make the decision. And I believe in empowerinq the people of Illinois to make these decisions . And it has to go on the ballot . It takes an extraordinary vote of the people of Illinois, and I trust their judgment over the next sixteen or seventeen months to learn, get up to school on this . I'm sure the opinion makers Will do the same . And we should put this to the vote of the people .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen .

Finally , then , to the bill : If this bill contained any of the - - any of the details of what decisions would be -- are going to 37  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 be made , we could properly consider it. You know , many of you are aware of the Orville Hodge scandal that first led to the constitutional separation of the duties between these two offices. The folks proposing this resolution are plenty smart. We also have to give credit to those people twenty-five years ago being plenty smart , too ; but they had the additional advantage over our deliberation today that they were fresh off the lessons of the O rville Hodge scandal . One ugly scandal makes up for a lot of operating efficiencies if we blow this one . So I ask you , what 's the hurry? I know it 's campaign season : and this is a seductive sound bite ...

PRESIDING OFFICER : (SENATOR DUDYCZ) Excuse Me # Senato r Lauzen . Senator Lauzen .

Thank you , M r. President. This is a seductive sound bite , but aren 't we already facing significant challenges in both offices? mean , in the Treasurer 's Office , it 's working its way through the hotel deal. There 's a lawsult for forty million dollars now for what Was going to be settled for ten million. And, thank goodness , some of the earlier personnel problem s seem to be workin: out. In the Comptrollerls Office, where they lre trying to take us from the abacus to the computer age, there ls at least controversy over whether the bills are being paid on time or whether contracts like MSI are being properly reviewed . Let me ask you : Are things running smoothly enouqh to combine the problems of both offices? Is this the time to have less direct accountability by public officials elected directly by *he people? Without the details, isn't this like writing a check to pay a bill without an invoice? It might be okay , but also m ight be a disaster. We don't have the features descrtbed. We don't have the specific benefiks to our citizens guaranteed . There 's really no look inside . I 'm afraid that if Orville Hodge Was with us 38  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 67th Legislative Day November 13r 1997 today, he'd be licking his chops and pressinq us on. Perhaps what we should concentrate on is straighkening things out and then mov ing along . We should get the details and the guarantees - the invoice - befo re we pay this bill. I do believe that it is a sEep in the right direction, but I hope the sponsor and everyone working on this project will give consideration to some of these problems.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further d iscussion? Senator Geo-Karis .

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield . Senator Geo-Karis.

If this resolution passes and it goes to the voters, what is the date that it will take effect, as to -- as to eliminating the offices and joininq them together?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard .

Senator Geo-xaris, this takes effect afker the term of the Comp troller who is elected in 1998 is finished with his or her *erm . PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Karis . SENATOR GEO-KRRIS ) M r. President and Ladies and Gentlemen of the Senate , I remember the Orville Hodqe scandal, but we have come a lon: Way since then. We have now got sophisticated computerization that can detect things far faster than they were detected when the Hodge situation took place. There is no question in my mind we can save the taxpayers a 1ot of money if ke merge these two 39  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 offices , and I commend our Treasurere Judy Top inka , for bringin: ik forth . Now , I 'm not running for Treasurer and I 'm not running fo r Comptroller, so I have an an unpartisan -- or r nonpartisan interest in it . So I 1m telling you right now , and I'd like to answer, may, my colleague on the other side, that's true When they eliminated the three (sic) Representatives for -- to save costs. They didn't save because we dre paying staff people more money, and so we really didn't save anything . But it's not the same th ing . That 's like comparing asparagus to apples . Th is situation is to save money and to save duplication. And as far as the business about the hotel situation, the Treasurer was right to try to save moneye because if she had settled it , that money could have added a 1ot of interest and made it up in no time flat. I think it's a decision in the right way that we let the voters decide whether or not they should have two offices that duplicate staffs . We want to save the taxpayer 's money y not enhance the payment of it . And I certainly speak in favor of this resolution . PRESIDING OFFICER) (SENATOR DUDYCZ) Any further dtscussion? Senator Demuzio.

Thank -- thank you , M r. President , Ladies and Gentlemen of the Senate . ïou know . I started out many months ago believing that perhaps the consolidation of both of these offices was certainly in the interest of good public policy in Illinois, and I kind of think that perhaps that may very well -- well be . However, previous speakers have indicatedr and I certainly cannot dismisse the p revious record of the circumstances by wh ich the Treasurer and the Comptroller were created a long time ago. The word -- the name Orville Hodge who was broughk up in previous debate about the scandal thak occurred back many , many years ago . And the thing that I quess that alarms me more than anything else y Senator Dillard , you said , ''one-stop shopping''. I think that might have 40  STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 been Orville Hodge ls theme during that period of time: one-stop shoppinq. The fact of the matEer is, is that these days we now have the Audit Commission, the Auditor Generals we have a number of other safeguard s that are prevalent in that pa rticular office, as well as -- I mean, the other practices that would be safeguards if thak were -- office were to be elim inated . I don 't th ink we lre going to save any money by virtue of the consolidatlon of -- of the two offices. I don't think that there's duplication that's currently going on . So it seems to me that those people who are employed there will be individuals who will be continuing to do their same function. There is a -- a check and balance because of - - of the notorious past thae we 've had since 1954 with the Hodge scandal. Therefore, these offices -- it does limit the possibility of embezzlement. In some instances: there's no need for consolidation. It does eliminate a check, perhaps, when comes to short-term borrowingr beeause there has to be various sign-offs *1th constitutional officials. And I'm also cognizant of the fact that other states have officials who have the duties also of the -- of the Comptroller. I don 't think We dll be sav ing anything by that. And by allowing the electorate to vote on this question, it will certainly be overwhelming that theyr in fact, wish to elim inate public officials ' offices, much like they did during the eutback amendment that was sponsored many years ago and eliminated at least one-third of the House. So, these are a lot of the kinds of things that need to go into the decision-making process about this bill, and ak some point in the next few seconds r I t1l make a decision as to Whether or not I intend to support it or not . PRESIDING OFFICER : (SENATOR DUDYCZ) Any further discussion? Senator Thomas Walsh. SENATOR T . WALSH : Thank you , Mr. President. I move the previous question . 41  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997

PRESIDING OFFICER: (SENATOR DUDYCZ) There are two additional speakers. Further discussion? Senator Carroll .

Thank you, Mr. Presidentr Members of the Senate. Let me just comment: If we're really sincere about streamlining qovernment and really sincere about saving money, the constitutional office obviously to be eliminated is the Office of Lieutenant Governor. That is the only office in government in Illinois that cannot be replaced in the case of a vacancy. We will replace Attorney Generals. We will replace Comptrollers or Treasurers. We will replace Members of the General Assembly, and we will replace people Who are elected to serve on mosquito abatement districts. But when the drafters of the 1970 Constitution talked about the Office of Lieutenant Governor, they took away all the functions that that office had ever had . It used to be the Presiding Officer of this Body . It used to be that the Lieutenant Governor became the Governor if the Governor left the physical boundaries of the State of Illinois. But because of an updating of technology and everything else, the framers of our 1970 Constitution said those functions no longer exist. So the only function of the Office of Lieutenant Governor: for three to six million dollars a year, is ko live longer than the Governor. There is no other power. There is no other duty. And there is no way to replace. We even had a Lieutenant Governor, Dave O 'Neal, who resigned in the mid-seventies, and for a year and a half to two years that office Was vacant, and 1'11 bet you nobody knew it. We had a Lieutenank Governor four gears ago who resàgned. And chen he resigned, Senator Watson, joined by Representative Black, sponsored legislation that said those few stakutory duties that we have given to this office so that there was at least something to occupy the time were transferred to the Direckor of the Department 42  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November 13, 1997 of Central Management Services. And that 's still the law in the State of Illinois. The office becomes vacant. The duties are -- are transferred to an appointed person, appointed by the Governor, to operate the operations of the State of Illino is . So if you really want to do something to get rid of useless office and save money, that's the office to get rid of. And if you want to -- if youdll 1et me just quote from Delegate Mullen, from the Constitutional Convention: The only equipment that the Office of the Lieutenant Governor needs is a stethoscope .

PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? Senator Philip .

Thank you , Mr. Presidentr Ladies and Gentlemen of the Senate . W e here today are not deciding whether or not ke dre going to combine khose offices. All we dre -- are deciding is we 're putting on the ballot, so those very intelligent Illinois voters have an opportunity to decide on And those voters are very intelligent, and I will tell you why: because they dve elected each and everyone of us to the Senate . Now , if they have done that more than once, they certainly must be qualified , they certainly must have great judgment. So why aren't we letting the people decide this? G ive the people an opportunity to vote on this. Secondly, I can 't remember, in my many years in this Chamber, the Comptroller's Office or the Treasurer's Office ever uncoverin: any gigantic fraud - ever. Now -- and I'm not sure they that that is their job in the first place. But theylve never done anythinq sensatàonal. If you're a Republican, a conservative , you believe in smaller government , less government e then you 'd want to combine these offices . It seems to me the right thing to do . We 're not doing that today . We 're allowing those very educated , well-informed Illinois citizens to decide whether they want to combine those offices. And my suggestion 43  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCR IPT 67th Legislative Day November l3w 1997 would be , let 'em do it . Let 'em have a vote on it . PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard , to close . SENATOR DILLARD : Thank you, Mr. President, Ladies and Gentlemen. I appreciate ' everybody's indulgence here. As Senator Philip just ably said, let's just put this to a vote of the people. I trust 'em. They I can make the judgment as well as anybody. One of the big changes between twenty-five years ago and today is electronics, and electronics is one of the reasons that I believe that this can work and work wieh many, many safeguards. Delegate Coleman, which Senator Jacobs brought up, Delegate Coleman's concerns are taken care of here. Delegate Coleman talked about that you don't want the Governor - the Governor - to control the checkbook. The Treasurer is a separate office, constitutionally elected, separate from the Governor and the Executive Branch and agencies of the Governor 's Office . A 1ot has been talked about a bad time in Illinois history , probably back before I was born and some of the Members, of the Orville Hodge scandal. But as I said in my onseE, there is a lot of accountability in State qovernment today that wasn 't back in the 1960s: in terms of fiscal review. The State of Illinois spends today about fifty million dollars on the oversight of its books. As I said, We have an Auditor General, we have a Bureau of the Budqet, a Legislative Audit Commission. We have professional appropriations committees and staff here, and computer technology has made things much different. And , finally, we have an Inspector General today because of a bill that this Body passed just a year a:o creating an Inspector General in the Treasurer's Office . So the Orville Hodge logic does not stand today with a11 of the oversight that we have looking on the finances of State government. And I guess just, Mr. President, to close , I believe that ten and twelve million dollars of savings is 44  STATE OF ILLINOIS ; 90eH GENEPAL A SSEMBLY REGULAR SESSION i SENATE TRANSCR IPT 67th Legislative Day November l3, 1997 nothing to shake a stick at. It was more than that in the State of Texas. And as we sit and scrap around here looking for money to find for public schools and for mental health programs and other worthy programs, that any chance We get, as long as the safegua rds a re there and they are, to find another ten or twelve million dollars, either to return to the taxpayers or put into education or other worthy programs , we should do . And again , all wepre asking is entrustinq the people of Illinois to decide whether or not we should combine these tWo offices and save a lot of money . Thank you very m uch . PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard moves the adoption and the approval of Senate Joint Resolution, Constitutional Amendment, l5. The question is # shall Senate Joint Resolution , Constitutional Amendment , 15 be adopted and approved . Pursuant to Section 2, Article XIV of the Illinois Constitution, amendments must be approved by three-fifths of the Members elected. A1l those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who w ish? Have all voted who wish? Have al1 voted who Wish? Take the record. On that question, there are 47 Ayesr 10 Nays, none votlng Present. And Senate Joint Resolution, Constikutional Amendment l5, having received a th ree-fifths constitutional majority, is declared passed and approved. Senator Klemm, what purpose do you rise? SENATOR KLEMM : As long as we have a b reak , M r. Presidenk , on a purpose of an announcement. The Senate Executive Committee Will meet at 3 o'clock, or upon -- immediately upon adjournment. PRESIDING OFFICER: (SENATOR DUDYCZ) If you turn your Calendars to the middle of page 10, to the O rder of Motions in W riting to Accept the Specific Recommendations for a Change. We have four items on this -- in this order of 45 I  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 67th Legislative Day November l3, 1997 business: House Bills 752, 1118, 2030 and 2179. ...order of Motions in Writing to Accept Specific Recommendations for Change, House Bill 752. Senator Cronin . House Bill 1118 . Senator Peterson . Madam Secretary , read the motion .

I move to accept the specific recommendations of the Governor as to House Bill 1118 , in manner and form as follows : Amendment to House Bill 1118 in Aceeptance of Governor's Recommendations Offered by Senator Peterson . PRESIDING OFFICER) (SENATOR DUDYCZ) Senator Peterson .

Thank youy Mr. President and Members of the Senate. House Bill 1118, in its oriqinal form : was a piece of leqislation suggested by the County Treasurer's Association, which initiative was Eo eliminate the Protest Fund. The Governor's amendatory amendment was to provide for a -- a -- spending down remaining monies in khe protest fund and some other technical changes in the legislation, and I have moved to accept the Governor's amendatory veto .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson has moved to accept the specific recommendations of the Governor as to House Bill 1118 . Any discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 1118 , in the manner and form just stated by Senator Peterson. A11 those in favor w ill vote Aye. Opposed will vote Nay . And the voting is open . Have al1 voted who wish? Have all voted Who w ish? Have all voted who wish? Take the record . On that question r there are 59 Ayes , no Nays , none voting Present. And the specific recommendations of the Governor as to House Bill 1118, having 46 ' ..... .. ! ' . . ..  STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 received and -- the required constitutional majority vote of the Senators elected, are hereby declared accepted. House Bill 2030. Senator Cronin. House Bill 2179. Senator Lauzen. Madam Secretary , read the motion.

I move to accept the specific recommendattons of the Governor as to House Bill 2179: in manner and form as follows : Amendment to House Bill 2179 in Acceptance of Governor's Recommendations Offered by Senator Lauzen .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen .

I would just like to make that motion to have that accepted.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen has moved to accept the specific recommendations of the Governo r as to House Bill 2179. Is there any discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 2179, in the manner and form just stated by Senator Lauzen. A1l those in favor will vote Aye . Opposed will vote Nay . And the voting is open. Have a1l voted who wish? Have a1l voted who wish? Have all voted Who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And the specific recommendations of the Governor as to House Bill 2179, having received the required constitutional majority of the vote -- of the Senators elected , are hereby declared accepted . . . . your Calendars to the bottom of page 7, in the Order of Secreta ry 's Desk, Non-concurrence of House B ills r is House B ill -- 597 . Senator Walsh . Madam Secretary , read the anendment.

I move to refuse to recede from Senate Amendment No . l to 47  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 House Bill 597 and request that a conference committee be appointed. Offered by Senator Walsh .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Thomas Walsh .

Thank you, Mr. President. I move that we refuse to recede from Senate Amendment No. l to House Bill 597 -- Senate (sic) Bill 597.

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Walsh moves that the Senate refuse to recede from the adoption of Senate Amendment No. l to House Bill 597 and that a conference comm ittee be appointed . All those in favorg say Aye . Opposed, Nay. The Ayes have it. The motion carries and the Secretary shall so info rm the House . ...your attention to the middle of page 10, in the Order of Motions in Writing to Accept Specific Recommendations for a Change. House Bill 752. Senator Cronin. Madam Secretary, read the motion.

I move to accept the specific recommendations of the Governor as to House Bill 752, in manner and form as follows: Amendment to House Bill 752 in Acceptance of Governor's Recommendations Offered by Senator Cronin.

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Cronin .

Thank you , M r. President , Ladies and Gentlemen of the Senate . Th is Governor 's amendatory veto or, I move to accept the Governor's amendatory veto of a piece of legislation that passed out of the House overwhelmingly, sponsored by Representative Bugielski. This bill, as you may recall , is the Do-lt-Yourself 48  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3 e 1997 School Funding Fund in the State Treasury . It allows taxpayers to forgo receipts of amounts due to them for standard or personal exemptions or the income tax credit for five percent of the amount of property taxes paid on a principal residence. Sort of in response to all the polling data and a 1ot of remarks that many Members of the Legislature have made about the overwhelmingly public support for school funding, we thought we 'd give the public an opportunity to -- to execute their measure of commitment to school funding. The Governor has limited this to a two-year p ilot program , and I stand in support of the Governor 's recommendation. Ask for your -- your -- your favorable consideration .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Cronin has moved to accept the specific recommendations of the Governor as to House Bill 752 . Is there any discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 752, in the manner and form just stated by Senator Cronin. A11 those in favor will vote Aye. Opposed will vote Nay. The voting is open . Have all voted who wish? Have all voted who Wish ? Have all voted who wish? Take the record . On that question , there a re 59 Ayes , no Nays , none voting Present . The specific recommendations of the Governor as to House Bill 752, having received the required constitutional majority vote of the Senators elected, are hereby declared accepted. House Bill 2030. Senator Cronin. Madam Secretary, read the motion.

I move to accept the specific recommendations of the Governo r as to House Bill 2030 , in manner and form as follows: Amendment to House Bill 2030 in Acceptance of Governor 's Recommendations O ffered by Senator C ronin . 49  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Leqislative Day November 13 , 1997

PRESIDINC OFFICER: (SENATOR DUDYCZ) Senator Cronin.

Thank you, Mr . President, Ladies and Gentlemen of the Senate . This -- I move to accept the Governor 's recommended changes here . His objections and his changes are as follows: Maintains court appointment of process servers, deletes the requirement of immediate possession after trial and judgment for the plaintiff: and modifies the presumption language to make it more clear and to insert 'lknew or should have...known'' in -- language into the p rovision. Governor's kind of tightened up this -- this provision. As you may recallz the original bl11 and -- and this bill amends the Code of Civil Procedure regardinq eviction of tenants who commit drug crimes , allows for private process servers in Cook County' broadens emergency public housing eviction Act (sic) to include private housing. The Governor has improved a good ideaz if I may just say -- say so myself: and ask I for your favo rable consideration .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin has moved to accept the specific recommendations of the Governor as to House Bill 2030. Is there any discussion? If not, the question is: shall the Senate accept the specific recommendations of the Governor as to House Bill 2030, in the manner and form just stated by Senaeor Cronin. All those in favor will vote Aye. Opposed will vote Nay. The voting is open . Have a1l voted who w ish? Have all voted who Wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes , no Nays, none voting Present. And the specific recommendations of the Governor as to House Bill 2030 , having received the required constitutional majority of the Senators elected, are hereby declared accepted. Supplemental Calendar No. has been distributed and is sitting on the Member's desks. If you 50  STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November 13 , 1997 turn your attention to Supplemental Calendar No. 1, in the Order of House Bills 2nd Reading. House Bill 999. Senator Cronin. Madam Secretary, read the bill .

House Bill 999. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported .

PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading. ...supplemental Calendar No. 1 is the Order of Secretary 's Desk , Concurrence on Senate Bills . Senate Bill 862 . Senator Fitzgerald. Madam Secretary: read the amendment -- read the motion . I beg your pardon .

House Amendment No . l to Senate Bill 862.

PRESIDING OFPICER: (SENATOR DUDKCZ) Senator Fitzgerald.

Thank youy Mr . President . House Amendment No . l to Senate Bill 862 was a recommenda eion of Represenkative Parke . It adds a provision that , before any land transfer is allowed under the -- under the provisions of the bill, IDOT must first offer the land in writing to the person from whom the property was acquired . This kas a bill to just allow IDOT to dispose of excess land, such as Wetlands and so forth . It would allow them to give it to a not-for-profit: conservation , or appropriate governmental agency . The amendment simply adds that IDOT must first offer the land in writing to the person from whom the property was acquired, and I'd urge the Senate to concur in House Amendment No. 1. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall the Senate concur in House Amendment No. l to Senate Bill 862. A11 51  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Leqislative Day November l3, 1997 those in favor will vote Aye . Opposed will vote Nay . The voting is open . Have all voted who w ish? Have all voted who wish? Have all voted who w ish? Take the record . On that question , there are 58 Ayes, no Nays , none voting Present. And the Senate does concur in House Amendment No . l to Senate Bill 862. And the bill , having received the required constitutional majority, is hereby declared passed . Supplemental Calendar No . 2 has been distributed to the Members . It is laying on your desks. In the O rder of -- on Supplemental Calendar No . 2, in the Order of House Bills 2nd Reading r is House Bill 1296. Senator Madigan . Madam Secreta ry , read the bill.

House Bill 1296 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance and Pensions adopted Committee Amendment No.

PRESIDING OFFICER : (SENATOR DUDVCZ) Senator Madigan .

Thank you , Mr . President . I would ask that Committee Amendment No . l to House Bill 1296 be approved . is a -- a -- Committee Amendment No. 1 strips the bill, making it a vehicle for... The committee amendment's already part of the bill and I would ask for its approval .

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

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . ...the information of the Rules Committee Members , there will be a Rules Committee in Senator Weaver 's 52  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November 13, 1997 Office at approximately 3 :45. Senator Demuzio, what purpose do you rise?

Just an inquiry . When -- When is Exec going to meet then?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm .

Thank you , Mr . President . I don 't have an exact time for the Executive Committee meeting . It will be in Room 212, but we a re , I understand, going into Caucus. Perhaps shortly after that we can announce the exact time . Thank you very much .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.

Thank you , Mr. President, Ladies and Gentlemen of the Senate . I'm requesting a Republican Caucus in my office immediately . Hopefully welll get out of there by 4 olclock.

PRESIDING OFFICER: (SENATOR DUDYCZ) Republican Caucus in Senakor Philip ls Office immediately. Senator DeLeo . SENATOR DeLEO : Thank you r Mr. President. We 'd ask for a Democratic Caucus immediately in Senator Jones ' Office .

PRESIDING OFFICER: (SENATOR DUDXCZ) Democratic Caucus immediately in Senator Jones' Office. The Senate will skand -- stand at recess until the call of the Chair. (SENATE STANDS IN RECESS) (SENATE RECONVENES) 53  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3g 1997

PRESIDING OFFICER: (SENATOR DUDYCZ) Senate will come to order . Comm ittee Reports .

Senator Weaver, Chair of the Committee on Rules , reports the following Legislative Measures have been assigned : Referred to the Committee on Education - Senate Amendment 2 to House Bill 6547 and Be Approved for Consideration - Senate Amendment 3 to House Bill 1633 .

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

Thank you , M r. President. That -- as quick as we can upon adjournment, that the Senate Committee on Insurance has got a conference committee report to clean up language on portability thatdll just take a few minutes. We'd like to meet quickly in Room 2l2 and qet that out of the way upon adjournment.

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

For purposes of an announcement . We are going to meet as the Transportation Committee immediately upon adjournment to adjourn the Transportation Comm ittee .

PRESIDING OFFICER : (SENATOR DUDYCZ) Where will that be, Senator Fawell?

Room 400, unless it ls taken .

PRESIDING OFFICER : (SENATOR DUDYCZ) It 's my understanding , Senator Fawell s it will be on the Senate Floor, immediately upon adjournment.

Senate Floor? Alright, fine .

PRESIDING OFFICER: (SENATOR DUDYCZ) 54  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day November l3, 1997 On the Senate Floor immediately upon adjournment, Transportation Committee will meet for Ehe purposes of adjourninq. Senator Cronin , what purpose do you rise?

For purposes of an announcement, Mr . President. The Senate Education Committee shall meet in one hour, or 5:30 p .m ., or immediately following the Executive Committee, which will be meeting in Room 212. So r because there are a couple Members that serve on both Exec and Education, we will meet after the Executive Committee has completed their business, no sooner than one hour in Room ll2 -- 212 . 212 . Sorry .

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

For the purposes of an announcement, Mr . President. The Senate Executive Committee w ill meet in Room 2l2 immediately following the Insurance Committee . That 's at 212. Now y the Insurance Committee's going to meet immediately upon adjournment, then it 's Insurance , then Exec and then Education, so everybody stand alert at Room 212. Thank you .

PRESIDING OFFICER : (SENATOR DUDYCZ) Immediately upon adjournment, Senate Transportation Committee will be meetinq on the Senate Floor for the purposes of adjournment. The Senate Insurance Committee Will be meeting in Room 212. Immediately following the Insurance Committee, the Senate Education (sic) Committee will be meeting in Room 212. And at -- at 5 :30 or immediately after the conclusion of the Senate Executive Comm ittee, the Senate Education Comm ittee will meet . Messages from the House .

Message from the House by M r. Rossi, Clerk . Mr. President - I am directed to inform the Senate that 55  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 67th Legislative Day November l3: 1997 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 36 . Adopted by Ehe House , November 13th , 1997. It 's substantive .

PRESIDING OFFICER : (SENATOR DUDYCZ) Senato r Geo-Karis , what purpose do you rise?

Senator Dudycz -- Mr. President , I take it that we dre having -- we 're -- meeting after meeting tonight. What time are you going -- whak time are we adjourning to -- for tomorrow?

PRESIDING OFFICER: (SENATOR DUDYCZ) I Will make that announcement sho rtly , Senator Geo-Karis . Any other further business to come before the Senate? If not, the Senate -- Senator Geo-Karis moves that the Senate stands adjourned until 9 o 'clock, tomorrow morning , Friday , November 14th . 56 REPORT: TIFLDAY STATE OF ILLINOIS 98/07/02 PAGE: 001 90TH GENERAL ASSEMBLY 11:28:M1 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX NOVEMBER 13, 1997 HB-0381 HOTION FILED PAGE H8-0597 REFUSE T0 RECEDE PAGE H8-0752 VETO ACTION PAGE H8-0887 RECALLED PAGE H8-0887 THIRD READIKG PAGE H8-0932 THIRD READING PAGE H8-0999 SECOND READENG PâGE HB-1118 7ET0 ACTION PAGE HB-1158 RECALLED PAGE HB-1158 THIRD READING PAGE HB-1158 OTHER PAGE HB-121V THIRD READING PAGE H8-1296 SECOND READING PAGE HB-15k7 THIRD READING PAGE HB-2030 7ET0 ACTION PAGE HB-21T9 7ET0 ACTION PAGE 58-0862 CONCERRENCE PAGE SB-1215 FIRST READING PAGE SB-1216 FIRST READING PAGE SB-1217 FIRST READING PAGE SB-1218 FIRST READING PAGE HJR-0036 RESOLVTION OFFERED PAGE SJR-0015 THIRD READING PAGE SJR-O043 RESOLUTION OFFERED PAGE SUBJECT HATTER SENATE T0 ORDER-SENATOR WEAVER PAGE PRàYER-THE REVEREND MâRK KIM PAGE PLEDGE OF ALLEGIANCE-LED BY SENATOR SIEBEN PAGE JOERNAL-POSTPONED PAGE COHMITTEE REPORTS PAGE SENATE STANDS AT EASE PAGE SENATE RECONVENES PAGE INTRODPCTION OF GDEST-SENATOR PARKER PAGE GEEST SPEAKER-CONSUL GENERAL TZIPORA RIHON PAGE COMHITTEE REPORTS PAGE SENATE STANDS IN RECESS PAGE SENATE RECONVENES PAGE COMHITTEE REPORTS PàGE MESSàGE FAOM THE HQVSE PAGE ADJOURNMENT PâGE