The regula r Session of the 90th General Assembly will please come to order. Will the Members please be at their desks and will our guests in the gallery please rise? Our prayer today w ill be given by the Reverend Dennis Sm ith, United Methodist Church , Oakford z Illinois . Reverend Smith .
(Prayer by the Reverend Dennis Smith)
Will you please remain standing for the Pledge of A llegiance? Senator Sieben .
(Pledge of Allegiance , 1ed by Senator Sieben)
Reading of the Journal. The wonderful Senator Butler .
Thank you very much , M r . President . I appreciate that . I move that reading and approval of the Journals of Tuesday , March 24th , and Wednesday , March 25th r in the year 1988 -- '98 - I 'm sorry - '98 , be postponed , pending arrival of the p rinked Journals .
The wonderful Senator Butler moves to postpone the reading and the app roval of the Journals , pending the arrival of the printed transcripts. There being no objections, so ordered. Com ittee Reports .
Senator Klemm r Chair of the Comm ittee on Executive , reports Senate M endment l to Senate Bill 1455 Be Adopted and Amendment 2 to Senate Bill 1701 Be Adopted . j
Messages from the House . l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998
Message from the House by Mr. Rossi, Clerk . Mr. President I am directed to inform the Senate that the House of Representatives has passed bills of the follow ing titles, in the passage of which am instructed to ask the concurrence of the Senate, to wit: House Bills 2430, 2557, 2583 , 2758 : 2864 , 3139 , 3181, 3248, 3254, 3330 . We have a like Message on House Bills 2326, 3395 , 3427, 3463 , 3464, 3472 , 3492 , 3626 and 3631. And another Message on House Bills 2700, 3415 and 3610. All passed the House, March 25th, 1998.
House Bills lst Reading .
House Bill 744, offered by Senators Hendon and Dudycz. (Secretary reads title of bill) House Bill 1443: by Senator Halvorson . (Secretary reads title of bill) kouse Bill 2435. Senator Sieben. (Secretary reads title of bill) House Bill 2510 : by Senator Klemm . (Secretary reads title of bill) Senator Luechtefeld offers House Bill 2616. (Secretary reads title of bill) House Bill 2672, Senator Luechtefeld . (Secretary reads title of bill) House Bill 2700: Senator Dillard . (Secretary reads title of bill) House Bill 3068 , by Senator Bomke . (Secretary reads title of bill) House Bill 3110, presented by Senator Myers. STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 89th Legislative Day March 26, 1998 (Secretary reads title of bill) House Bill 3129, Senator Luechtefeld . (Secretary reads Eitle of bill) Senator Dudycz offers House Bill 3139. (Secreeary reads title of bill) House Bill 3248 , Senator Kehoe . (Secretary reads title of bill) House Bill 3254 , by Senator Tom Walsh . (Secretary reads title of bill) House Bill 3330 , Senators Petka and Lauzen . (Secretary reads title of bill) House Bill 3415, Senator Tom Walsh . (Secretary reads title of bill) Senator Donahue offers House Bill 3427 . (Secretary reads title of bill) House Bill 3464 , Senator Tom Walsh . (Secretary reads title of bill) And House Bill 3492, by Senator Cronin. (Secretary reads title of bill) lst Reading of the bills.
Resolutions .
Senate Resolution 181, offered by Senator Clayborne . It's a death resolution, Mr. President.
Consent Calendar. If I could have your attention for a m inute and let you know what ke intend on doing today . Going through 2nd and 3rd Readings. Hopefully we will get out of here in a short period of time . Secondly , I 1d like to remind the Members that April 2nd is slowly sneaking upon us. That -- don 't wait to the last m inute to file your amendments . As you know , we have to have 3 STATE OE ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Leg islative Day March 26, 1998 hearings for those amendments . And so , if you dve :ot amendments, they ought to have 'en prepared and ready to go the first part of next week . Don 't wait till the last m inute because it 's difficult to schedule hearings on a11 those amendments . So without further ado , we will go to 2nd Readings . Senator Jacobs .
Mr. President, just a point of inquiry.
State your point.
If we don 't have any bills out there , do we have to worry about amendments?
I would hope not, but you never know around here .
Thank you .
PRESIDING OFFICER: (SENATOR DUDYCZ) Top of page 2, in the Order of Senate Bills 2nd Reading , is Senate Bill 1028 . Senator Dillard . Senator Dillard . Senate Bill 1210. Senator Syverson. Senator Syverson. Senate Bill 1215. Senator Carroll. Senator Carroll . Senate Bill 1259 . Senator Fawell. Senate Bill 1265 . Senator Maitland . M r. Secretary r read the bill.
Senate Bill 1265. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment .
PRESIDING OFFICER : (SENATOR DUDYCZ) A re there any Floor amendments approved for consideration?
Amendment No . 2, offered by Senator Watson . 4 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCR IPT 89*h Legislative Day March 26, 1998
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Watson .
Yes . Thank you r M r. President. This amendment -- if you recall, when the deregulation bill was debated , there was an electric co-op in my area , Southwestern Electric Co-op , that had been negotiating and actually wanted to be a pa rt of the competitive process , but time ran out . And at that point in time , when the bill was being debated , asked Senator Maharr the sponsor of *he bill , if -- if the negotiations could continue between the electric co-op and the Association of Electric Cooperatives, and hopefully get some language that We Would address this coming spring . This amendment does that . It 's an agreed-to bill with the Associakion of Electric Co-opsr Southwestern Electric Co-op in my area, and I know of no objection and be -- hopefully the amendment will be adopted .
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not, Senator Watson moves the adoption of Amendment No . 2 to Senate Bill 1265 . Al1 those in favor, say Aye . Opposed , Nay . The Ayes have it, and the amendment is adopted . Any further amendments?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1290 . Senator Peterson . Senate Bill 1295 . Senator Farley . Senator Farley . Senate Bill -- 1328 . Senator Bowles . Senator Bowles . Senate Bill 1365. Senator Bowles . Senate Bill -- Senate Bill 1420 . Senator Maitland . Mr . Secretary , read the bill .
senate Bill 1420. (Secretary reads title of bill) 5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 2nd Reading of the bill . No committee amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments app roved for consideration?
Amendment No . offered by Senator Maitland .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Maitland .
Thank you very much , Mr. President, Members of the Senate . Committee -- or, Floor Amendment No . 1 to Senate Bill 1420 is a bill that -- is an amendment that simply makes this a shell bill. We plan to move this bill on throuqh the p rocess for possible readjustments in their rates. And I Would move for the adoption.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Maitland moves the adoption of Amendment No . l to Senate Bill 1420. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. A ny further amendments?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . With leave of the Body , we dll return to Senate Bills 1399 and 1400. Senator Trotter. Senate B ill 1399. Senator Trotter. Senate Bill 1400. Senator Trotter. Senate Bill 1428. Senator Luechtefeld . Mr. Secretary , read the b ill.
Senate Bill 1428 . (Secretary reads title of bill) 2nd Reading of the bill . No committee amendments .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved for consideration?
6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day Ma rch 26 , 1998 Amendment No . offered by Senator Luechtefeld .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Luechtefeld .
Thank you , Mr. President and Members of the Senate . This particular amendment really leaves the -- Well, in -- in the bill, the original bill , we enhance the penalties for the endangerment of a ch ild . In committee there Was some concern that we maybe just need to do it for when a -- when a death occurs. And in this amendment, we are doing that; we 're simply amending it only in case of death .
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If note Senator Luechtefeld moves the adoption of Amendment No . l to Senate Bill 1428 . A1l those in favor, say Aye . Opposed , Nay . The Ayes have it , and the amendment is adopted . Any further amendments?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . 14 -- Senate Bill 1451. Senator Maitland . Mr. Secretary , read the bill .
Senate Bill 1451. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1455. Senator Sieben . Mr . Secretary , read the bill .
Senate Bill 1455. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee amendments . STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 I PRESIDING OFFICER : (SENATOR DUDYCZ) Any Floor amendments approved for consideration? SECRETARY HAPRX : M endment No . l , offered by Senator Sieben . PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Sieben . SENATOR SIEBEN : Thank you r Mr . President . Floor M endment No . l would merely change the date of the ethanol tax exemption from 2007 to 2003 . The net effect would be that the -- the tax abatement on gasohol fuels would extend for four more years . Move for its adoption . PRESIDING OFFICER : (SENATOR DUDYCZ ) Is there any discussion? If not , Senator Sieben moves the adoption of -- of M endment No. 1 to Senate Bill 1455. All those in favor , say Aye . Opposed, Nay . The Ayes have it, and the amendment is adopted . Any further amendments? SECRETARY HAKRY : No further amendments reported . PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading . On top of page 3 , in the Order of Senate Bills 2nd Reading , is Senate Bill 1458 . Senator Weaver . Senato r Weaver . Senate Bill 1463. Senator Maha r . Senator Mahar? . . . Bil1 1499 . Mr . Secretary , read the bill . SECRETARY HAKRY : Senate Bill 1499 . (Gecretary reads title of bill) 2nd Reading of the bill . No coM ittee or Floor amendments . PRESIDING OFFICER : (SENATOR DUDYCZ ) 3rd Reading . Senate Btll 1500 . Senator Luechtefe1d . Mr. Secretary, read the bill. SECRETARY NANRY : Senate Bill 1500 . 8 I STATE OE ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 (Secretary reads title of bill) 2nd Readinq of the bill . The Committee on Local Government and Elections adopted Amendment No . 1 .
PRESIDING OFFICER : (SENATOR DUDXCZ) Any Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1555. Senator Maltland . Mr. Secretary , read the bill.
Senate Bill 1555. (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on State Government Operations adopted one amendment .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1566 . Senator Radogno . Senator Radogno . Senate Bill 1585. Senator Karpiel . Senator Karp iel . Senate Bill 1592 . Senator Maitland . Mr . Secretary , read the bill .
. . . Bi11 1592 . (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill -- 1594 . Senator Karpiel . Senator Karp iel. Senate Bill 1610 . Senator O 'Malley . Mr . Secretary , read the bill. 9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26: 1998
. . . Bill 1610 . (Secretary reads title of bill) 2nd Readinq of the bill . The Comm ittee on Education adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATQR DUDXCZ) 3rd Reading. Senate Bill 1628. Senator Cullerton. Senator Cullerton . Senate Bill 1633 . Senator Burzynski. Mr . Secretary , read the bill.
Senate Bill 1633. (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1703. Senator Fawell. Senate Bill 1709 . Senato r Thomas Walsh . Mr. Secretary , read the bill .
Senate Bill 1709. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments app roved for consideration? SECRETARY HARRY J No further amendments reported.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1750 . Senator Lauzen . Senate Bill 1784 . Senator Rauschenberger. Mr. Secretary, read khe bill. 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26# 1998
Senate Bill 1784 . (Secretary reads title of bill) 2nd Readinq of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1785 . Senator Rauschenberger. Mr. Secretary , read the bill .
Senate Bill 1785. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments .
PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1786 . M r. Secretary , read the bill.
Senate Bill 1786. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . On top of page 4 , in the O rder of Senate Bills 2nd Reading , is Senate Bill 1787. M r. Secretary : read the bill .
Senate Bill 1787. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1833. Senator Syverson . Mr . Secretary , read the bill .
Senate Bill 1833 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floo r amendments .
PRESIDING OFFICER: (SENATOR DUDYCZ) 11 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 , 1998 3rd Reading . Senate Bill 1834. Senator Syverson . Mr. Secretary r read the bill.
Senate Bill 1834. (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1844. Senator Lauzen . Senate Bill 1853 . Senator Trotter . Senator Trotter. Senate Bill 1854. Senator Mahar. Senator Mahar . Senate Bill 1860 . Senator Butler. Senate Bill 1895 . Senator Karp iel . If you turn your Calendars to the m iddle of page 4, in the Order of Senate Bills 3rd Reading , Senate Bill 499. Senator Maitland . Senate Bill 668 . Senator Maitland . Senate Bill 743. Senator Fawell . Senate Bill 1217. Senator Petka . Senate Bill 1223. Senator Jones. Senator Jones . Senate Bill 1240 . Senator Molaro . Senator Molaro . Senate B ill 1249. Senator Garcia . Senator Garcia . Senate Bill 1250 . Senator Butler. Senate Bill 1251. Senator Luechtefeld . Senator Luechtefeld . On the top of page 5, in the Order of Senate Bills 3rd Read ing , is Senate Bill 1280. Senator Butler. Senate Bill 1288 . Senator Mahar. With leave of the Body r we 'll return later to Senate Bill 1289 . Senate Bill 1291. Senator Watson . M r. Secretary , read the bill .
Senate Bill 1291 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson .
Thank you : Mr. President . This is follow-up leg islation in regard to the brownsfield (sic) (brownfields) bill we passed this 12 STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 past year . And this will allow those who -- who go in and -- and develop a brownfield site, that they can claim both the Illinois Environmental Remed iation Tax Credit, which was the bill we passed, and the federal brownsfield (sic) economic development initiative in targeted redevelopment areas. There was amendment we put on in committee from the Dep4rtment of Revenue that cleared up some concerns that they might have had about double-dipping . There 's no fiscal impact . And know -- I know of no opposition.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussioh? If not , the question is r shall Senate Bill 1291 pass. A ll those in favor will vote Aye . Opposed will vote Nay . The voting is open . Have all voted who w ish? Have a1l voted who wish? Have all voted who wish? Take the record . On that question , there are 54 Ayes , no Nays r none voting Present . And Senate Bill 1291, having received the required constitutional majority, is declared passed. Senate Bill 1293. Senator Fawell. Senate Bill 1305. Senator Peterson . Senate Bill 1306 . Senator Mahar. Do you w ish this bill returned to -- the 2nd Reading for the purposes of an amendment? Senator Maha r seeks leave of the Body to return Senate Bill 1306 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted . On the Order of 2nd Reading is Senate Bill 1306. M r. Secretary r there any Floor amendments approved for consideration?
Amendment No . 1, offered by Senator Mahar.
PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Mahar.
Thank you, Mr . President . This -- this adds an immediate effective date , and I would move its adoption .
PRESIDING OFFICER: (SENATOR DUDYCZ) 13 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 , 1998 Is there any discussion? If notg a11 those in favor, say Aye . Opposed , Nay . The Ayes have it. The amendment is adopted . Any further Floor amendments app roved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1308 . Senator Philip . Senate Bill 1315. Senator Parker. Senate Bill 1326 . Senator Karpiel . Senate Bill 1339 . Senator Karpiel. Senate Bill 1349 . Senator... Senate Bill 1356 . Senator Thomas Walsh . M r. Secretary , read the bill .
Senate Bi11 1356. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Thomas Walsh .
Thank you r Mr . President , Members of the Senate . Senate Bill 1356 is a Legislative Audit Commission initiative that will address the concerns raised in the Illinois State Lottery audits over the past three fiscal years. Current law states tha t revenue from ticket sales shall be net receipts after the deductions of commissions, certain prize reimbursements, and fees . The bill w ill clarify the Lottery 's statutory authority to net receipts afker the deduction of fees paid ou* to cerkain contractors. This amendment clarifies that fees are only those operating expenses for activities at agent locations and merely the cost of generating a wager. And I know of no opposition and would ask for your favorable vote .
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? zf not, the question is , shall 14 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 Senate Bill 1356 pass . All those in favor will vote Aye . Opposed will vote Nay . The voting is open. Have a11 voted who wish? Have all voted who wish? Have al1 voted who w ish? Take the record . On that questionz there are 53 Ayesr no Nays, l voting Present . And Senate Bill 1356, having received the required constitutional majority, is declared passed. Senate Bill 1364. Senator Klemm . Mr. Secretary, read the bill.
Senate Bill 1364 . (Secretary reads title of bill) 3rd Read ing of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm .
Thank you , M r. President and Ladies and Gentlemen of the Senate . We have a -- an organization called De1 Webb that 's putting up ''sun city'' communities throughout the United States, and there 's ten of 'em in the United States, and most of those a re all in the southern part of the -- of our continent. They have selected Illinois as the first location for a sun city community r for retirees and senior citizens aged fifty-five and over to come to the northern part of Illinois, and -- and Illinois has been selected as that site . One of the p rovisions that they have in this community , if you will , is that they allow the senior citizens to operate golf carts to get from their homes to their community centers , to the tennis courts, to their golf courses : to their aerobic classes , rather than having to get in their huge cars to just drive around the neighborhood. Illinois didn't allow golf carts to be used in public highways and streets . And what we did was try to craft legislation that Would meet IDOT and the other traffic people, to allow local jurisdictions to be able to designate specific streets and roads to allow golf carts to be 15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCR IPT 89th Legislative Day March 26, 1998 used, p rovided they have the safety requirements and the safety equipment that was required and necessary . This bill, Senate Bill 1364, accomplishes that . I want to thank the T ransportation Committee for allowing us to amend it to the provisions that met the committee 's concerns. And I do ask for your support because this is an important bill for those retirees that w ish not to drive their huge ca rs within their little compound, but to use this means of transportation . So I ask for your support on this important bill . Thank you .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Jacobs .
Thank you , M r. President, Ladies and Gentlemen of the Senate . Would the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Jacobs.
Senator Klemm , there are those golf courses that have nine holes on one side , nine holes on another side, and they have to cross a -- it 's a public road - may not be a heavily traveled public road , but it is a public road that they have to cross. Does that mean, then , that that municipal golf course would have to follow th is law? Even though they they do enter upon a public thoroughfare . Would they have to , then , get the taillights, the headlights and all of that?
PRESIDING OFFTCER: (GENATOR DUDYCZ) Senator Klemm .
No , they lre already allowed to do that under ex isting 1aw without those provisions . But if they lre going to be traveling down a road that 's been designated and the signs a re posted that those golf carts can -- you know , transverse that that area , of 16 i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Leg islative Day March 26, 1998 course they would have to have those requirements . But not to meet the requirement you have ; that 's already permitted .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Jacobs .
The reason I ask, 'cause I don 't have the b ill in front of me , but I do have the analysis , and our analysis says that : requires that golf carts, allowed by local governments to operate on roadways, must have headlights , taillights , et cetera . So even though they are not driving down the road , they a re crossing that public right-of-way . How then are they exempted?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm .
Under current law , they 're exempted .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.
But isn 't this 1aw a new law , which is p reempting the -- the cu rrent law?
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Klemm .
No .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senato r Jacobs .
Then, Why are We doing it?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm .
Because in current law , they can cross over, but they can 't go 17 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 , 1998 along the side of the highway and drive . This law would allow 'em , if the local authority grants that, if they have those safety requirements. But just to cross from point A to point B to get across to another side of the golf course is allowed without this type of equipment on the -- on the golf cart .
PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? Senator Hawkinson .
Well, thank you, M r. President . Just a follow-up for Senator Jacobs . It -- it 's the same requirements that apply to other off-road vehicles - ATMS, snowmobiles and so forth - that may be allowed to -- to cross but not drive along .
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Fawell .
Thank you very much . We -- we heard a lot of discussion about this bill. And basically, I think, perhapsz the word ''highway'' is - - is a m isnomer . What we lre really probably talking about are local roadsz and it has to be that the local authorities agree to this. And , you know , We have finally decided , in the T ransportation Committee , with the amendments that were added , that it's a good bill . And I would suggest everyone vote for it.
PRESIDING OFFICER : (SENATOR DUDYCZ) Further discussion? If notz Senator Klemm , to close .
Well -- well: thank you , Madam -- orz M r. President . Thank you for the comments. I think We've covered al1 the requests and comments and concerns of everyone. I've talked to a11 the highwak engineers and everything and they realize that it 's not -- it is not mandatory; it has to be granted by the elected and local officials, and therefore , you won 't be seeing golf carts go ing down 1-90 . So we do have the safeguards thereg and I ask for your 18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 , 1998 support.
PRESIDING OFPICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1364 pass . A ll those in favor will vote Aye . Opposed will vote Nay . And the voting is open . Have all voted who wish? Have a11 voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 51 Ayes, l Nay, none voting Present . And Senate Bill 1364, having received khe required constitutional majorityr is declared passed. Senate Bill 1370. Senator Garcia. Senator Garcia . Senate Bill 1372. Senator Syverson . Senate Bill 1380 . Senator Cullerton. Senate Bill 1386 . Senator Trotter. On top of page 6, in the Order of Senate Bills 3rd Reading , is Senate Bill 1387. Senator Mahar. Senate Bill 1424. Senator Mahar . Senate Bill 1426. Senator Bomke . M r. Secretary , read the bill .
Senate Bill 1426. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Bomke .
Thank you , Mr . President and Ladies and Gentlemen of the Senate . Senate Bill 1426 amends the Criminal Code , Code of Corrections to increase the penalty for defacement of school p roperty , making the offense a Class 3 felony if it exceeds three hundred dollars . In addiEion, if -- if community service is available as a sanction , the offender is required to clean up , remove , paint over the defacement . And I 'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is , shall Senate B ill 1426 pass . A l1 those in favor will vote Aye . Opposed 19 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 , 1998 w ill vote Nay . The voting is open . Have a1l voted who w ish? Have all voted who wish? Have a11 voted who wish? Take the record . On that question , there are 53 Ayese no Nays, none voting Present . And Senate Bill 1426, having received the required constitutional majority, is declared passed. Senate Bill 1446. Senator Philip . Senate Bill 1473. Senato r Donahue . Senate Bill 1475. Senator Karpiel. Mr. Secretary, read the bill.
Senate Bill 1475. (Secretary reads title of bill) 3rd Readinq of the bill.
PRESIDING OFFICER : (SENATOF DUDYCZ) Senator Ka rpiel.
Thank you , Mr . President . Senate Bill 1475 makes a few changes to the waiver bill that we passed several years ago . It makes basically three changes. It allows cooperative and joint ag reement programs to request waivers or modifications of mandates . This takes care of the different co-ops , and this was requested by the State Board of Education. It also deletes the language that would require sehool boards to publish notice of a public hearing on a waiver request in the newspaper and instead requires districts to notify parents of the hearing at least seven days before the hearing. This change was requested by Senator Berman . Requires waiver -- the third part of it requires waiver applications to include a deseription of the public hearing , and this change was also required by Senator Berman . There was no registered opposition to the bill in committee, and it is s' upported by the Special Education Adm inistrators of Illinois p the State Board of Education and the South Cook Organization for Public Education .
PRESIDING OFFICER: (SENATOR DUDYCZ) 20 . STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 89th Legislative Day March 26, 1998 Is there any discussion? If notz the question is , shall Senate Bill 1475 pass . All those in favor w ill vote Aye . Opposed will vote Nay . The voting is open . Have all voted who w ish? Have all voted Who Wish? Have a11 voted who w ish? Take the record . On that question , there are 54 Ayes, no Nays, none voting Present . And Senate Bill 1475, having received the required constitutional majority, is -- is declared passed. Senate Bill 1491. Senator Philip . Senate Bill 1507 . Senator Philip . Senate Bill 1528 . Senator O 'Malley . Senate Bill 1544. Senator Dillard . Senate Bill 1557 . Senator C ronin . Senate Bill 1561 . Senato r Cronin, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Cronin seeks leave of the Body to return Senate Bill 1561 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectionz leave is granted. On the Order of 2nd Reading is Senate Bill 1561. Mr . Secretary , are there any Floor amendments that have been app roved for consideration?
Amendment No . 1, offered by Senator Cronin.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.
Thank you, Mr. President, Ladies and Gentlemen of the Senate . Senate Amendment No . l adds four new provisions to the bill . They are : Number one , the contents of Senate Bill 1312 that was sponsored by Senator Rauschenberger, which made several chanqes in the School Code z that moved the school board elections to April of odd-numbered years , that was necessitated by a law that we passed just recently; number two, the contents of 1452, sponsored by Senator Demuzio - that language allowed that special education cooperatives, rather than just those with seventeen or more school districtsz to appoint a governing board ; three, language requested 21 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 89th Legislative Day March 26, 1998 by the Illinois Association of School Boa rds that allows special ed co-ops w ith at least seven members, rather than those with twenty, to appoint a governing board ; item four , the last item , language requested by the Education Labor Relations Advisory Committee that makes two agreed changes to the Act. A sk for your favorable consideration .
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not, all those in favor, say Aye . Opposed , Nay . The Ayes have it, and the amendment is adopted . Any further Floor amendments approved for consideration?
No further amendments reported , Mr . President .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1567. Senator Mahar. Senate Bill 1568 . Senator Peterson . M r. Secretary , read the bill .
Senate Bill 1568 . (Secretary reads title of bill) 3rd Read ing of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Peterson .
Thank you r Mr . President . Thank you , Mr. President y Members of the Senate. Senate Bill 1568 would provide that there be -- it would change -- under current law there is no deadline by which a plat or (sic) (of) subdivision must be recorded after property has been divided into separate parcels . This bill provides that a plat of subdivision may be required by a unit of local government be recorded before issuance of building perm its for any of the lots of the subdivision . The intent is to place improved p roperty on the tax rolls in a timely fashion so that property is assessed at proper values and taxing districts have access to a correct tax 22 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 89th Leg islative Day March 26g 1998 base . know of no opposition . I ask for your support.
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not, the question is , shall Senate Bill 1568 pass . Al1 those in favor w ill vote Aye . Opposed will vote Nay . The voting is open . Have all voted Who w ish? Have a11 voted who wish? Have all voted Who w ish? Take the record . On that question, there are 55 Ayes, no Nays: none voting Present . And Senate Bill 1568, having received the required constitutional majorityg is declared passed. On the top of page 7 , in the O rder of Senate Bills 3rd Reading, is Senate Bill 1593 . SenaEor Karpiel . Senate Bill 1612. Senator O dMalley . Senate Bill 1622 . Senator Myers . Senate Bill 1625. Senator Burzynski . Senator -- Senate Bill 1664 . Senator Cronin . M r. Secretary -- Senator Cronin, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Cronin seeks leave of the Body to return Senate Bill 1664 to the O rder of 2nd Reading fo r the purpose of an amendment. Hearin: no objection, leave is granted . On the Order of 2nd Reading is Senate Bill 1664. Mr . Secretary r are there any Floor amendments that have been approved for consideration?
Amendment No . 2, offered by Senator Cronin .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Cronin .
Thank you, M r. President, Ladies and Gentlemen of the Senate . Senate Amendment No . 2 rewrites the section dealing with refund policies when students withdraw from classes , to make various technical and qrammatical changes . Doesn 't appear to be very controversial. Ask for your favorable consideration. Senate Amendment No ... Okay .
PRESIDING OFFICER : (SENATOR DUDYCZ) 23 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 89th Legislative Day March 26, 1998 Any discussion? If not, all those in favorr say Aye . Opposed , Nay . The Ayes have it, and the amendment is adopted . Any further Floor anendments?
Amendment No . 3, offered by Senator Cronin.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.
Thank you , Mr . President . Senate Amendment No . adds a proposal that is the result of a fair amount of discussion with some local business leaders . And it was -- it 's -- it 's a business/education cooperative undertaking whereby businesses p rovide training for students -- high school students , and it leads to -- it leads to wonderful career opportunities fo r the children and it helps the business people get trained workers in the workforce . I ask for your favorable consideration .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, all those in favor , say Aye . Opposed , Nay . The Ayes have it, and the amendment is adopted . Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SCNATOR DUDYCZ) 3rd Reading . Senate Bill 1674 . Senator Dillard . Mr. Secretary , read the bill.
Senate Bill 1674 . (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Dillard .
24 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 89th Leg islative Day March 26, 1998 Thank you , M r. President and Ladies and Gentlemen of the Senate . The year 2000 is fast approaching , and I think most of us know that in the high-technology and information age r we need to make some changes in our computer system . What this bill does is it creates a twenty-member task force of State government and local government and also the State Superintendent of Schools and the other major constitutional branches of government - the A tto rney General on through the Supreme Court. And this comm ission is going to be chaired by the Director of Central Management Services and it is to report back to the General A ssembly by the end of November as to what We need to do in State qovernment to make sure that our systems are coordinated r to report to us as to what it m ight cost the State of Illinois to make sure we are year 2000 compliant with all our different computer systems, and to tell us whatever corrective measures we need to make . The State of W isconsin and other states have already formed sim ilar task forces, and the consultants in this type of area and those who can fix our computer systems are quickly being sucked up by other governments and, most importantly , the private sector, not only in the United States but worldwide. And I guess just to close: It is amazing. There's a story - a cover story - a week ago r in Business Week magazine that talks about this p roblem , but the statistics and the lost man-hours to p repare all our computer systems for the changeover in the year 2000 is staggerinq . It -- they estimate that it lll cosE half a percent of Ehe gross national p roduct, Ehat seven hundred thousand person-years Will be used by different staff over the next year or so to make these computers compliant With the yea r 2000, and the dollar amounts are staqqering , includinq' a total lost output in the United States of about a hundred and twenty billion dollars to our economy just to change our computer systems . The State of Illinois needs to get ready and this bill 25 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26z 1998 sets up the task fo rce to report back to us by the end of November to make su re that we are not behind the curve in getting ready fo r the new m illennium . I 1d be happy to answer any questions and appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 1674 pass. All those in favor will vote Aye. Opposed will vote Nay . And the voting is open. Have a1l voted who wish? Have all voted who wish? Have all voted who wish? Take the record . On that question , there are 53 Ayes, no Nays , none voting Present . And Senate Bill 1674, having received the required constitutional majority, is declared passed. Senate Bill 1675. M r. Secretary , read the bill .
Senate Bill 1675 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard .
Mr. President, let 's take this one out of the record if We could , please . Thank you .
PRESIDING OFFICER : (SENATOR DUDYCZ) Out of the record . Senate Bill 1698 . Senator Shaw . M r. Secretary , read the bill.
Senate Bi1l 1698 .
PRESIDING OFFICER: (SENATOR DUDYCZ) Out of -- out of the record . Senate Bill 1700 . Senator Donahue . Senate Bi11 1701. Senator Maitland . Senator Maitland , do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Maitland seeks leave of the Body to return 26 STATE OF ILLINOIS 90TH GCNERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 Senate Bill 1701 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1701. M r. Secretary , are there any Floor amendments that have been approved for consideration?
Amendment No . 2, offered by Senator Maitland .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senato r Ma itland .
Thank you very much , Mr . President, Members of the Senate . Floor Amendment No . 2 to Senate Bill 1701 is -- is another easement release . This is one of the annual easement bills that passes through this Chamber. There 's one coming over from the House . This one 's going over to the House from here . This is just an additional one that we didn't have when the bill was first introduced . I would move for its adoption .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If notr all those in favor, say Aye . Opposed, Nay. The Ayes have it. The amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR DUDVCZ) 3rd Readinq . Senate Bill 1702. Senator Butler. Senate B ill 1704 . Senator Rauschenberger . Senate Bill 1705. Senator Watson. On the Eop of page 8 , in the O rder of Senate Bills 3rd Reading , is Senate Bill 1706. Senator Rauschenberger. Senate Bill 1707 . Senator Sieben . Senator Sieben. Senate Bill 1711 . Senator Donahue . Mr . Secretary, read the bill.
Senate Bill 1711. (Secretary reads title of bill) 27 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 , 1998 3rd Read ing of the bill .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue .
Thank you very much , Mr. President and Members of the Senate . Senate Bill 1711 amends the Public Assistance Praud and Adm inistration A rticles of the Public Aid Code , and What it deals w ith -- does three things: It makes changes regarding the exclusion of individuals from the Medicaid program based on conv ictions of health care related crimes ; second , it mod ifies State 1aw to allow the Department to withhold Medicaid payments to providers where the provider has been ind icted for a health care fraud ; and third r it allows the Inspecto r General to issue annual reports, as opposed to quarterly reports. I would move for your support .
PRESIDING OFFICER : (SENATOR WATSON) Excuse me . Is there any discussion? Any discussion? If not, the question is , shall Senate Bill 1711 pass . All those in favor, vote Aye . Opposed r vote No . The voting is open . Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yes, no voting No , l voting Present . Senate Bill 1711 , having received the required constitutional majorityr is declared passed. Senator Trotter , for what purpose do you rise?
Point of personal privilegee M r. President .
PRESIDING OFFICER: (SENATOR WATSON) State your point , sir .
Yes. I would like to take this opportunity to introduce to -- to our august Body , Dan Sprague . He 's the Executive Director of the Council of State Governments, which is one of the premier 28 STATE OF ILLINOIS 90TH GENERAL ASSCMBLX REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 think tanks for this leqislative process . Danny 's standing on the Republican side now , speaking with Senator Maitland . Please welcome Dan Sprague ...
PRESIDING OFPICER : (SENATOR WATSON) Very qood . Glad to have you here in Springfield . Welcome . Senate Bill 1712. Senator Philip . Senator Philip on the Floor? Senate Bill 1713 . Senator Geo-Karis. Senator Geo-Karis . Out of the record . Senate Bill 1756. Senator Bowles . Evelyn Bowles . Out of the record . Sponsor has requested that Senate Bills 1806 through 1815 be held . Out of the record . Senate Bill 1830 . Senator Rauschenberger. Out of the reco rd . Senate Bill 1835. Senator Parker. Out of the record . Senate Bill 1838 . Senator Klemm . Mr. Secretary , please read the bill .
Senate Bill 1838. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm .
Thank you, Mr. President, Ladies and Gentlemen of the Senate. About a year aqo , I 'd asked the Department of Human Services if we could come up with a program that would allow families that have people with disabilities in their family to have more flexibiliky in using some of the facilities r in using some of the services thaE are offered in the community , to give them a flexible plan. And this year they came up with the program that is incorporated in Senate Bill 1838 as a pilot p rogram so that we could establish five family service voucher programs that we will report to the General A ssembly by March 1st, the year 2000, or a yea r and a half from now, to find out if this program is successful. IE's based, really , on a proqram that was developed by Ray -- Ray Graham 29 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 , 1998 Association for Peop le w ith Disabilities that has proven enormously successful in its attempts. In fact, ninety-eight percent of the respondents have said that it is great -- given the family greater flexibility of using services of the needs that their family may need versus having a service that you can only take it or leave it and not have that flexibility. This program does do that. It gives families greater control over the family support services. I think it 's an excellent p ilot p rogram that 'll be reporting to the State . And I do ask for your support . Thank you .
PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 1838 pass. A1l those in favor, vote Aye. Opposedz vote No. The voting is open. Have all voted who wish? Have all voted who Wish? Have all voted who wish? Take the record . On that question, there are 54 voting Yes , no votin: No , no voting Present . Senate Bill 1838 , having received the requtred constitutional majority, is declared passed. Senate Bill 1840. Senator Rauschenberger. It 's a recall. Is Senator Rauschenberger on the Floor? Okay . Senato r Rauschenberqer seeks leave of the Body to return Senate Bill 1840 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted . On the O rder of 2nd Reading is Senate B ill 1840 . Mr. Secretaryz are there any Floor amendments approved for consideration?
Amendment No . 2, offered by Senator Rauschenberger .
PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.
Thank you , Mr. President, Ladies and Gentlemen of the Senate . This is a -- a technical cleanup for a drafting error that was 30 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 89th Legislative Day March 26y 1998 found as we were moving along the process. I 'd appreciate its adoption .
PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, all those in favor, say Aye . Opposed r Nay . The Ayes have itz and the amendment is adopted . Any further Floor amendments app roved for consideration?
No further amendments reported .
PRESIDING OPPICER: (SENATOR WATSON) 3rd Readinq . Senator Petka , on Senate Bill 1846 . M r. Secretary , please read the bill .
Senate Bill 1846. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR WATSON) Senator Petka .
Thank you very much, Mr . President, Members of the Senate . Senate Bi11 1846 amends the Gang Crime Witness Protection Act . It merely changes the effective date from -- or , not effective date : but the repealer date from June lst (sic) (30th) of 1998, to June lst (sic) (30th) of 1999. The Illinois State Police and the Attorney General 's Office had sought this legislation a few years back as part of Ehe Governor's Commission on -- on Ganqs project. is their belief that they have not had enough time to -- to evaluate the program for its effectiveness and they 're asking for an extension of one year. I know of no opposition .
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none , the question is, shall Senate Bill 1846 pass . All those in favor, vote Aye . Opposed , 31 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 89th Legislative Day March 26, 1998 vote Nay . The voting is open. Have all voted who w ish? Have a1l voted who wish? Have all voted who wish? Take the record . On that question, there a re 53 voting Yes, no voting No , no voting Present. Senate Bill 1846, having received the required constitutional majority, is declared passed. Senate Bill 1867. Senator Klemm . Please read the bill , Mr. Secretary .
Senate Bill 1867. (Secretary reads tikle of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR WATSQN) Senator Klemm .
Thank you , M r. President . Senate Bill 1867 really closes a loophole that we found local authorities Were using under the tax cap to be able to w ithhold dollars from mental health community-based organizations , so that they could use the aggregate amount to inflate their corporate taxes under the tax cap. This would just say that they can't do that any longer. They still have total control of khat the budget and levy will be for mental health people. Nothing changes on that. It just says that they can 't use that to raise taxes for their own purposes y that it must be used for mental health purposes. I know of no opposition to the bill: and I do ask for your support.
PRESIDING OFFICER: (SENATOR WATSON) Is Ehere any discussion? Any discussion? Seeing none , the question is, shall Senate Bill 1867 pass. All those in favor, vote Aye . Opposedg vote No . The votinq is open . Have all voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record . On that question, there are 40 voting Yes, 15 votin: No # no voting Present. Senate Bill 1867 , having received the required constitutional majority, is declared passed. Senate Bill 32 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 1875. Senator Fawell . Madam Secreta ry , please read the bill .
Senate Bill 1875. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR WATSON) Sçnator Fawell.
Thank you very much . This is a bill that 's being requested by the Railroad A ssociation . It amends the Motor Fuel Tax bill -- Law and provides that public hearings to abolish a railroad grade crossing shall not be required when an entity havin: jurisdiction over the highway vacates the highway. Requires a vehicle (sic) (vertical) clearance of not less than twenty-three feet when a highway bridge is constructed . It also does allow that the grade crossin: protection funds can also be used in subdivisions where it is necessary , and other clean-up language . I know of no opposition and I would request your Aye ...
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? The question isg shall Senate Bill 1875 pass. A11 those in favor, vote Aye. Opposed, vote No . The voting is open . Have a11 voted who W ish? Have all voted who wish? Have all voted who wish? Take the record . On that question, there are 55 voting Yes , no voting No , no voting Present . Senate Bill 1875, having received the required constitutional majoritye is declared passed. Senate Bill 1878. Senator Bow les. Evelyn Bowles. Out of the record . Senate Bill 1884 . Senator Demuzio . Out of the record . Senate Bill 1889 . Senator Cronin . Dan Cronin. Out of the record . Senate Bill 1892. Senator O 'Malley . Pat O 'Malley . Madam Secretary r please read the bill. I beg your pardon. This is a recall. Senator O 'Malley wishes to return Senate Bill 1892 to the Order of 2nd 33 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day Ma rch 26 , 1998 Reading for the purpose of an amendment. Is there any objection? Hearinq none, leave is granted . On the O rder of 2nd Reading is Senate Bill 1892. Madam Secretary, are there any Floor amendments app roved for consideration?
Amendment No . 2, offered by Senator O 'Malley .
PRESIDING OFFICER: (SENATOR WATSON) Senator O 'Malley .
Thank you , M r. President , Ladies and Gentlemen of the Senate . Senate B ill 1892 provides that students who attend non-recognized high schools who score at least seven points higher than the statewide averaqe on the ACT test shall be elig ible to receive merit recognition scholarship . Senate Amendment 2 establishes a distribution methodology for scholarships for the eligible students from non-recognized hiqh schools .
PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none , all those in favor, say Aye . Opposed , Nay . The Ayes have it. The amendment is adopted . Is -- are there any other Floor amendments approved for consideration?
No further amendments reported , M r. President.
PRESIDING OFFICER : (SENATOR WATSON ) 3rd Readinq . Senate B ill 1896 . Senator Philip . Pate Philip on the Floor? Out of *he record. 1897 . Senator Philip . Out of the record . Senate Bill 1903 . Senator Madigan . Senator Bob Madigan. (19)04. Senator Madigan. Out of the record . (19)11. Senator Madigan . Out of the record . 1912 . Senator Madigan . Out of the record . Senate Bill 1919 . Senator Madigan. Out of the record . Senate Bill 1938 . Senator Philip . Senator Pate Ph ilip . Out of the record . P reviously requested : we have two bills we 're 34 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 , 1998 going to return to , leave having been granted , and it 's Senate Bill 1240. Senator Molaro . We are on page -- page 4, bottom third of the page, still on 3rd Reading . Senate Bill 1240 . Madam Secretary ' please read the bill.
Senate Bill 1240 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro .
Thank you. This is basically clear-up language that passed comm ittee unanimously and has been approved by the Department head . Basically what this does is, when you have an escrow -- when you have a title insurance -- an agent for the title insurance during the closing , they can ask -- act as an escrow agent only if they 're qiving insurance to the buyer of the property . Well, it turns out lately we dre having a lot of refinancing . So when you go to refinance , the seller and buyer , there really is no seller. There's just a buyer. So youdre not selling insurance to the seller , and thereforer there was language in the law that states that you cannot be the escrow agent unless you 're selling insurance to the seller. Well, what this allows now -- that changes that and it allows the title insurance company to also act as the escrow agent r even thouqh there is no seller in a refinancing . So , as you well know , when you go Eo buy homes now, you have the closing at the title company . Very feW closings are at the savings and loans or the banks . So that 's what this does .
PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Senator Hawkinson .
35 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 , 1998 Thank you , Mr. President . Will the sponsor yield?
PRESIDING OFFICER : (SENATOR WATSON) Sponsor indicates he lll yield, Senator Hawkinson .
Is the title insurance beinq updated at the time of the refinancing to check for intervening liens or second mortgages or the like?
PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro .
Well, the -- the answer to that is yes, because what you dre giving , even though your not giving title insurance to, in this case , what would be, for all intents and purposes, the buyer, you a re getting title insurance for the new mortgage company that 's involved . So r yes , it is updated , and it is brought up-to-date .
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson .
Well, although I didn't intend it as a trick question, it may have worked that way, because they then are giving new insurance to the mortgage company: are they not? And -- and if they are, why do we need this bill? Because if they lre giving new insurance, they can already, under current law , act as the escrow agent, can they not?
PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro .
Well , from whak I 'm told of the current law , that if you lre an agent for the title insurance company. So if you're an agent, say, for Chicago Title or Intercounty or something like that, say, and in this case , Greater Illinois Title z let 's say , to do it to be the escrow agent, there had to be insurance issued to a 36 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 seller, from what I understand . And in this case, there isn dt .
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson .
If -- if that 's the case, then this could apply to original purchases of homes also, where the only insurance being issued is mortgage insurance . In other words, you 're buying a home for the first time, you 're not refinancing , but. you 're lim iting the -- the amount of the insurance to the amount of the mortgage and that ls all you dre -- you lre seeking to buy - your insurance -- you 're insuring both the lender as well as the the buyer . And in that case, you're sayinq if it's just mortgage insurance, you need this change even in original purchases , in order for the company to -- or the agent to act as the escrow agent , is that right?
PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro .
At first blush, I ld have to say you 're right g w ithout thinking of the question.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? Senator Molaro, to close .
Just ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1240 pass . A 11 khose in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have a1l voted who Wish? Have all voted who w ish? Take the record . On that question , there are 54 voting Yes g no votinq Noz l voting Present. Senate Bill 1240, having received the required constitutional majority, is declared passed. The other bill we had leave to go back to is Senate 3i1l 1289 . That 37 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 89th Legislative Day March 26, 1998 is located on paqe 5. Senator Dudycz. Madam Secretary , please read the bill .
Senate B ill 1289. (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OPFICER : (SENATOR WATSON) Senato r Dudycz.
Thank you , Mr . President . Senate B ill 1289 amends the Vehicle Code by adding ''intoxicating compounds'' to each section where alcoholy cannabis and controlled substances are listed relative to driving a motor vehicle. Specifically, what doesr it permits the Secretary of State to cancel or suspend a person 's license if they refuse to be tested for the presence of an intoxicating compound or is convicted of a violation of the Use of Intoxicating Compounds Act . It mandates revocation upon a conviction for DUI based upon the use of intoxicating compounds . It perm its a judicial driving permit to -- to those so convicted. It further adds intoxicating compounds to the DUI and statutory summary suspension statutes themselves. Senate Bill 1289 creates the same statutory offense of being under the influence of intoxicating compounds - .08 . Permits the same testing and repo rting methods for intoxicating compounds as for alcohol , cannabis, and controlled substances. Intoxicating compounds are listed under the Use of Intoxicating Compounds Act and largely consist of chemicals used in aerosol p ropellants -- paint propellants, qlue , paint thinners and other such products . This legislation was introduced after an incident last year in Will County where -- where the Joliet police investigated an automobile accident where they found one of the drivers were was high on paint , yet the only charge available to them , at that time r was a Class C 38 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 misdemeanor. This will correct thatz and there was an amendment that deleted the provision which took away a municipality's authority to enforce a statutory summary suspension when an offender is convicted of a DUI. I believe that removed a1l opposition to the bill, and I would seek your affirmative support.
PRESIDING OFFICER : (SENATOR WATSON ) Any discussion? Senator Geo-Karis. Further discussion? Seeing none, the question is, shall Senate Bill 1289 pass. A11 those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record . On that question , there are 54 voting ïes , no voting No , no voting Present . Senate Bill 1289: having received the required constitutional majority, is declared passed. We 're going to go to page l0 . Senator Peterson , do you wish House Bill 533? We 're goinq back to -- to page l0, House Bills 3rd Reading . We ire go ing to have recall . And Senator Peterson desires to have House Bill 533 returned to 2nd Reading for the order of an amendment. Is there any objection? Hearinq none, we are on the Order of 2nd Reading . Are there any Floor amendments that have been approved for consideration, Madam Secretary?
Amendment No . 2, offered by Senator Peterson .
PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson .
Thank you . M r. President . Amendmenk 2 basically becomes Ehe bill. And it has to do with qualified kechnological equipment and Ehe intent of leasing the property to another entity . Instead of paying the sales tax up front when purchased , it can be prorated over the time of the lease. The Occupational Tax Act to give me the -- would g ive the option to exempt' the buyer from the up-front sales tax and instead remit tax based on ehe amount of the lease 39 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26, 1998 payments . I ask for adoption of Amendment 2.
PRESIDING OFFICER: (SENATOR WATSON) Is there any d iscussion? Any discussion? If not, a1l those in favor, say Aye . Opposed , Nay . The Ayes have it, and the amendnent is adopted . A re there any öther amendments approved for consideration?
Amendment No . 3 , offered by Senator Peterson .
PRESIDING OFFICER : (SENATOR WATSON) Senator Peterson, on Amendment No . 3 .
Thank you , Mr. President. Amendment 3 is basically a technical amendment definin: some of the term s -- four or five of the term s in the -- the bill . I ask for adoption of Amendment 3.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Hearing none , all those in favor, say Aye . A ll those opposed , No . The Ayes have it . The amendment is adopted . Any further amendments approved for consideration?
No further amendments reported , Mr. President.
PRESIDING OFFICER : (SENATOR WATSON) 3rd Reading . It 's our intention now to remain on page 10, and we have House Bills 2nd Reading . First one is House Bill 38 . Senator Trotter . Madam Secretary, please read the bill .
House Bill 38. (Secretary reads title of bill) 3rd Reading of -- pardon me , 2nd Readin: of the bill. No committee or Floor amendments repo rted .
PRESIDING OFFICER : (SENATOR WATSON) 3rd Reading . Senate Bill -- I beg your pardon . House Bill 94. Senator Radogno. Madam Secretary, pléase read the bill. ! 40 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 , 1998
House Bill 94 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted Committee Amendment No . 1.
PRESIDING OFFICER: (SENATOR WATSON) Have there been any other Floor amendments approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR WATSON ) 3rd Reading . Senator Sieben, on House Bill 1217. Madam Secretary , please read the bill.
House Bill 1217. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments reported .
PRESIDING OFFICER: (SENATOR WATSON) 3rd Readinq . Senate B ill -- House Bill 1422. Senator Hawkinson . We dre on page l0, House Bill 1422, 2nd Reading . It 's clean . Okay . Out of the record . House Bill 1640 . Senator Cronin . Out of the record . House Bill 1670. Senator Radogno . Madam Secretary , please read the bill.
House Bill 1670. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Committee Amendment No .
PRESIDING OFPICER: (SENATOR WATSON) Have there been any other Floor amendments approved for consideration? 41 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 89th Legislative Day March 26, 1998
No further amendments repo rted .
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . House Bill 1685. Senator Cronin . Madam Secretary , please read the bill .
House Bill 1685. (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Education adopted Committee Amendment No . 1.
PRESIDING OFFICER : (SENATOR WATSON) A re there any other Ploor amendments approved for consideration?
No further amendments reported , Mr . President .
PRESIDING OFFICER : (SENATOR WATSON) 3rd Reading . House Bill 2364. Madam Secretary, please read the bill .
House Bill 2364. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments reported .
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. ...noW proceed to the Order of Resolutions Consent Calendar. With leave of the Body , all those read in today w ill be added to the Consent Calendar. Madam Secreta ry , have there been any objections filed for any resolution?
There have been no objections filed, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not: the question is , shall the 42 ! STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 89th Legislative Day March 26 y 1998 resolutions on the Consent Calendar be adopted . A ll those in favor , say Aye . Opposed , Nay . The motion carries g and the resolutions are adopted . Resolutions , Madam Secretary . ACTING SECRETARY HAWKER : Senate Joint Resolution 59 , offered by Senator Weaver . (Secretary reads SJR No. 59) PRESIDING OFFICER : (SENATOR WATSON) Senator Weaver moves to suspend the rules for the purpose of immediate consideration and adoption of Senate Joint Resolution 59 . Those in favor Will say Aye . Opposed , Nay . The Ayes have it. The rules are suspended . Senator Weaver has moved for the adoption of Senate Joint Resolution 59. Those in favo r, say Aye . Opposed , Nay . The Ayes have it , and the resolution is adopted . Any further business to come before the Senate? If not, pursuant to the adjournment resolution, Senator Bowles moves the Senate stands adjourned until noon, Tuesday, March 31st. Have a nice weekend . Noon . 43 REPORT: TIFLDAY STATE OF ILLINOIS 98/04/15 PAGE: 001 90TH GENERAL ASSEMBLY 11:21:33 SENâTE DAILY TRàNSCRIPTION OF DEBATE INDEX MARCH 26, 1998 . . HB-0O38 SECOND READING HB-009) SECOND READING H8-0533 RECALLED HB-OTMM FIRST READING HB-1217 SECOND READING HB-1R%3 FIRST READIKG HB-1670 SECOND READING H8-1685 SECOND READING H8-236: SECOND READING H8-2435 FIRST READING HB-2510 FIRST READING H8-2616 FIRST READIKG H8-2672 FIRST READING HB-2700 FIRST READING H8-3068 FIRST READING HB-3110 FIRST READING H8-3129 FIRST READING H8-3139 FIRST READING H8-3248 FIRST READING H8-325% FIRST READING H8-3330 FIRST READING HB-3415 FIRST READINC H8-3:27 FIRST READING HB-3M64 FIRST READING H8-3492 FIRST READING SB-1240 THIRD READING 58-1265 SECOND READING 58-1289 THIRD READING SB-1291 THIRD READING :8-1306 RECALLED s8-1356 THIRD READING :8-1364 THIRD READING SB-1R20 SECOND READING ' SB-1426 THIRD READING SB-1:28 SECOND READING SB-1451 SECOND READING SB-1R55 SECOND READING SB-1475 THIRD READING SB-1M99 SECOND READING SB-1500 SECOND REàDING s8-1555 SECOND READING SB-1561 RECALLED :8-1568 THIRD READING :8-1592 SECOND READING SB-1610 SECOND READING 58-1633 SECOND READING SB-166k RECALLED SB-167R THIRD REâDING 58-1675 THIRD READING 58-1675 0ET OF RECORD SB-1701 RECALLED sB-1709 SECOND READING SB-1711 THIRD READING 58-1784 SECOND READING 58-1785 SECOND READING 58-1786 SECOND READING 58-1787 SECOND READING 58-1833 SECOND READING SB-183k SECOND READING 58-1838 THIRD READING SB-18:0 RECALLED SB-1846 THIRD READING - SB-1867 THIRD READING . :8-1875 THIRD READING REPORT: TIFLDAY STATE OF ILLINOIS 98/04/15 PAGE: 002 90TH GENERAL ASSEMBLY 11:21:33 SENATE DAILY TRANSCRIPTIOK OF DEBATE INDEX HARCH 26, 1998 58-1892 RECALLED PAGE 33 SR-0181 RESOLDTION OFFERED PAGE 3 SJR-0O59 ADOPTED PAGE 43 SJR-0059 RESOLUTION OFFERED PAGE 43 SUBJECT HATTER SENATE TO ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-THE REVEREND DENNIS SHITH PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOPRNALS-POSTPONED PAGE 1 COMHITTEE REPORTS PAGE 1 MESSâGES FROH THE HOVSE PAGE 2 RESOLUTIONS CONSENT CâLENDAR-ADOPTED PAGE 42 ADJOUBNMENT PAGE 113