Illinois General Assembly Floor TranscriptsBrowseSenate90th GA

Illinois Senate Floor Debate — April 29, 1998

90th General Assembly (1997-1998) · Legislative day 97 · Regular Session
Chamber
Senate
General Assembly
90th (1997-1998)
Date
April 29, 1998
Legislative day
97
Session
Regular Session
Speaker turns
169
Original
View the source PDF ↗
PRESIDENT PHILIP

The regular 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 galleries please rise? Our prayer today will be given by the Reverend Dan Seibert, First United Methodist Church , Springfield , Illinois. Reverend Seibert .

THE REVEREND DAN SEIBBRT

(Prayer by the Reverend Dan Seibert)

PRESIDENT PHILIP

Will you please remain standing for the Pledge of Allegiance? Senator Sieben .

SENATOR SIEBEN

tpledge of Allegiance, led by Senator Siebeh)

PRESIDENT PHILIP

Reading of the Journal. Senator Butler.

SENATOR BUTLER

Mr. President, I move that reading and approval of the Journal of Tuesday, April 28th, in the year 1998, be postponed, pending arrival of the printed Journal.

PRESIDENT PH ILIP

Senator Butler moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There being no objection, so ordered. Committee Reports.

SECRETARX NAQRY

Senator Hawkinson, Chair of the Committee on Judiciaryr reports House Bills 2326, 2447, 3000, 3279, 3463, 3522, 3790 and 3843, all Do Pass; House Bills 1612, 2306 and 3162 Do Pass, as Amended . Senator Fawell , Chair of the Committee on Transportation , reports House Bills 2510 and 3248 Do Paés; House Bill 2746 Do Pass, as Amended. And Senator Cronin, Chair of the Committee on Educatàon, l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29, 1998 reports House Bills 2411, 3481, 3484 and 3793 Do Pass .

PRESIDENT PHILIP

Messages from the House.

SECRETARY NANRY

Message from the House by Mr. Rossi, Clerk. M r. President am directed to inform the Senate that the House of Rep resentatives has refused to adopt the First Conference Comm ittee Report on Senate Bill 1031 and requests a Second Committee of Conference to consider the differences between the two Houses w ith regards to Amendment No . Action taken by tbe House, April 28th , 1998 .

PRESIDENT PHILIP

Without objections, the Senate accedes to the request of the House for a conference committee on these bills just read by the Secretary. Is leave granted? Leave is granted. We've had a request from WclA-channel to tape the proceedings today . Is leave granted? Leave is granted. Senator Maitlandy for wbat purpose do you rise?

SENATOR MAITLAND

Thank you very -- thank you very much, Mr. President, Members of the Senate. In the gallery, Mr. President, behind you, in the President's Galleryy on the Democratic side, a group of thirteen students from Normal and their -- their teacher: Mrs . Eich , and her assistant , Mrs . Schrag . I 1d like for them to stand and be recognized by the Senate. had a chance to speak with them this morning. And please welcome them to Springfield.

PRESIDENT PHILIP

ïes . W ill you please rise and be recognized by the Senate? Senator Sbadid, for wbat purpose do you rise?

SENATOR SHADID

A point of personal privilege, Mr. President.

PRESIDENT PH ILIP

STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29, 1998 State -- state your point . SENATOR SHADID I I'm certainly pleased to have joining us, in the President's Galleryy *he students from the Pekin Edison Junior High School from Pekin, Illinois. Welcome to Springfield.

PRESIDENT PH ILIP

Would you please rise and be recognized by the Senate? Messages .

SECRETARY HANRY

Message from the M inority Leaderr dated April 28th , 1998 . Dear Mr. Secretary Pursuant to Senate Rule 3-5(c) of the Illinois State Senate of the 90th General Assembly , please be advised that Senator John Cullerton Will replace Senator Arthur Berman on the Senate Rules Comm ittee . Signed by Senator Jones .

PRESIDENT PH ILIP

Resolutions.

Harry (surname or first name uncertain)

Senate Joint Resolution 63, offered by Senators Madigan, Sieben, Philip . It 's substantive . Senate Resolution 200, offered by Senator Shadid and a11 Members. And Senate Resolution 201, offered by Senator Demuzio . Theydre both death resolutions, Mr. President.

PRESIDENT PHILIP

Consent Calendar. Senator Geo-Karis, for what purpose do you rise?

SENATOR GEO-KAR IS

Mr. President, on a point of personal privilege .

PRESIDENT PHILIP

State your point. 3 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSQRIPT 97th Legislative Day April 29y 1998

SENATOR GEO-KARIS

We are honored today to have the retired Chancellor of the University of California at Santa Barbara sitting in the President's Gallery. And he 's doing cogeneration work in energy in India . And we dre also honored to have with him Robert G. Hansen, who is an industrialist from California, and he is the one who bought the Marlbold Mansion in -- in Menard County, Greenview. And he 's restoring it. And he -- this happens to be in Senator Larry Bomke's district, in Menard County. So I Would like you to welcom e these gentlemen here . And we fre delighted to have them be with us today .

PRESIDENT PHILIP

Will our California friends please rise and be reeognized by the Senate? ...page 9 of today 's Calendar, in the Order of Constitutional Amendments 2nd Reading, House Joint Resolution Constitutional Amendment 20. Read the amendment, Mr. Secretary.

Harry (surname or first name uncertain)

House Joint Resolution Constitutional Amendment 2Q, offered by Senator Cronin . (Secretary reads HJRCA No. 20) 2nd Reading of the resolution.

PRESIDENT PHILIP

3rd Reading. May I have your attention for one minute? Let you know that the two constitutional amendments will be called first thing tomorrow morning. I1m assuming Wedre going to come in at 9 o 'clock, and that w ill be *he order of business . So I hope that everybody will be here early and on time. And -- Senator Jones, for what purpose do you rise?

SENATOR JONES

Thank you r Mr. President . Point of personal p rivilege .

PRESIDENT PHILIP

State you r point . 4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 97th Leqislative Day April 29, 1998

SENATOR JONES

In the gallery behind us are the sales rep resentatives from Pfizer Pharmaceutical , who is holding their conference here in Sp ringfield . Yes , that 's right r Pfizer. And -- and -- I don 't know if they have any samples down here for you guys, but you want to check them outz you know . But -- but they lre here . Let ls give them a warm welcome .

PRESIDENT PHILIP

W ill they please stand and be recoqnized by the Senate? A1l right . A ll right. If we could have a little ordere p lease . On page 6 of today 's Calendar, in the Order of House Bills 2nd Readings . House Bill 2297. Senato r Geo-Karis . I lm sorry . House Bill 1422. Senator Hawkinson . Read the bill, Mr . Secretary .

SECRETARY HAKRY

House Bill 1422. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDENT PHILIP

3rd Reading . House Bill 2297 . Senator Geo-Karis . Senator Geo-Karis , House Bill 2297? Read the bill , Mr . Secretary .

SECRETARY NANRY

House Bill 2297 . (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .

PRESIDENT PHILIP

3rd Reading . House Bill 2370 . Senator Parker. Senator Parker. 2370 . Read the bill, A r. Secretary .

SECRETARY HAKRY

House Bill 2370 . (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Executive adopted one 5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29g 1998 amendment .

PRESIDENT PHILIP

Have there been any Floor amendments that have been app roved for consideration?

SECRETARY HAQRY

No further amendments reported .

PRESIDENT PHILIP

3rd Reading . House Bill 2503. Senator Karp iel. Senator Karp iel. Take it out of the reco rd , Mr . Secreta ry . House Bill 2557 . Senator Geo-Karis . Read the bill, M r. Secretary .

Harry (surname or first name uncertain)

Senate (sic) (House) Bill 2557. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDENT PHILIP

3rd Reading . House Bill 2700. Senator Dillard . Take it out of the record . House Bill 2729 . Senator Weaver . Senator Weaver. 2729 . Take it out of the record . House Bill 2887 . Senator Karpiel . Take it out of the record . House Bill 3048 . Senator Shaw . Senator Shaw . House Bill 3048 . Read the b ill, Mr . Secretary .

SECRETARY HAQRY

House Bill 3048 . (Secretary reads title of bill) 2nd Reading of the bill . No committee o r Floor amendments .

PRESIDENT PHILIP

3rd Reading . House Bill 3254 . Senator Walsh . Senator Walsh . Take it out of the record .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) If you turn your attention to the middle of page 4 of your regular Calendars: in the Order of Senate House Bills 3rd Reading , we will be going to the Order of House Bills 3rd Reading . 6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29, 1998 W ill Senators Parker, Trotter, Radogno , Rauschenbergery Peterson be ready? We will be starting very shortly in the Order of House Bills 3rd Reading. Senator Maitlandr what purpose do you rise?

SENATOR MAITLAND

Thank you -- thank you very much , Mr . President, Members of the Senate . I 'd like to introduce this morning -- or, this afternoon a couple of very special guests . And if we could have the Body 's attention . First of all, I'd like to -- to introduce Mr . John Houston, who is Executive Vice President for Consumer Marketing for the National Cattlemen 's Beef Association , and he was co-chair of the Chancellor 's Commission on Extension . He 's with us here this afternoon . And also , really someone who 's no stranger to most of us in this Chamber, Mr . Orion Samuelson , who has been the agricultural voice for not only WGN , but , indeed , the whole Midwest and , frankly , the whole nation. Been a great advocate for the -- the American Ag industry. Orion has joined us this afternoon r too . And -- and , Orion and John , it 's a delight to have both of you here this afternoon . Just please Wave to the Body. And we're just delighted to have you here.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER : (SENATOR DUDYCZ) Welcome , to our quests, to Springfield . Shortly We will be qoing to the O rder of House Bills 3rd Reading , but first Senator Donahue is going to be making an introduction of some special guests that have joined us this -- this afternoon. So we will be at ease for a few m inutes , then we will be goin: to the Order of House Bills 3rd Readinq, in the m iddle of page (SENATE STANDS AT EASE) (SENATE RECONVENES) 7 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 97th Legislative Day April 29, 1998 PRESIDING OFFICER : (SENATOR DUDXCZ) The -- I will now turn the Chair over to Senator Donahue . SENATOR DONAHUE : Thank you very much , Ladies and Gentlemen of the Senate . It is really my pleasure today to have an opportunity to introduce to you the Illino is Class A champs in basketball. They dre from Nauvoo-colusa . And it seems like the State champ ionship -- last year we had Warsaw . Had to go through western Illinois . And this year it 's Nauvoo-colusa . And it's a wonderful honor. I know that teamwork is very special, but this class -- or, this group of young men defeated a first-place, a second-place, and a fourth-place teamse or rated teams, to get where they were going . And the Coach , who is Reno Pinkston, made the comment that it takes teamwork to make things and to get things done , and he 's never seen a team work better together than he did this team . So I 'm going to introduce to you the Coach of Nauvoo-colusa , Reno Pinkston , and he will introduce the young men that are here . COACH RENO PINKSTON : (Remarks and introductions by Coach Reno Pinkston) SENATOR DONAHUE : Thank you a11 very much . PRESIDING OFFICER: (SENATOR DUDYCZ) If you turn your attention to the middle of page 4 of you r regular Calendars, in the Order of House Bills 3rd Readin: is House Bill 25. Senator Parker. Madam Secretary , read the bill. ACTING SECRETARY HAWKER : House Bill 25. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) The Chair would ask the Members to hold down their conversations . Staff, please take your conversations off the ; 8 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Leg islative Day April 29, 1998 Floor . We are go ing into the Order of 3rd Reading . Senator Parker.

SENATOR PARKER

Thank you , Mr. President, Ladies and Gentlemen of the Senate . House Bill 25 amends the Code of Civil Procedure to permit a local sheriff or State 's Attorney , with approval of the county board , to contract w ith a private entity to notify victim s of crime under the Rights of Crime Witnesses and Victims (sic) (Victims and Witnesses) Act. I would ask for a favorable vote and answer any questions.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not , the question is , shall House Bill 25 pass . A1l those in favor will vote Aye. Opposed w ill 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 55 Ayes, no Nays , none voting Present. And House Bill 25, having received the required constitutional majority, is declared passed. House Bill 38. Senator Trotter. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Bill 38 . (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Trotter.

SENATOR TROTTER

Thank you very much , M r. President , Members of the Senate . House Bill 38 is basically an anticrime bill which allows municipalities to demolish a residential or commercial property that is three stories or less if the building is open and vacant and an immediate and continuing hazard . Th is bill is actually being brought forth for Arnold Mireles, who was killed in my 9 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day Ap ril 29, 1998 community , who was a community activist, and he was trying hard to get rid of these buildings that actually house these -- this criminal element. And I just like -- seek its passage at this time .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not z the question is, shall House Bill 38 pass . A1l those in favor w ill vote Aye . Opposed will vote Nay . The voting is open . Have a11 voted Who wish? Have a1l voted who w ish? Have a11 voted who wish? Take the record . On that question, there are 57 Ayes, no Nays , none voting Present . And House Bill 38, havinq received the required constitutional majority, is declared passed. House Bill 94. Senator Radogno. Madam Secretary , read the bill.

ACTING SECRETARY HAWKER

House B ill 94 . (Secretary reads title of bill) 3rd Readinq of the bill .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Radogno .

SENATOR RADOGNO

Thank you. This bill requires the Department of Commerce and Community Affairs to develop a two-year pilot p rogram to -- to expand the market for secondary materials , for recycled . We 've done a very good job in collecting recyclables in most instances, but we need to move beyond that now and focus on the use of those materials . And so that 's what this bill does e is direct the Department to do that.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not , the question is, shall House Bill 94 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 w ish? Have all voted Who wish? Take the record . On 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 97th Legislative Day April 29, 1998 that question, there are 58 Ayes, no Nays, none voting Present . And House Bill 94z having received the required constitutional majority, is declared passed. House Bill 533. Senator Peterson. Madam Secretaryz read the bill . ACTING SECRETARY HAWKER I House Bill 533 . (Secretary reads title of bill) 3rd Readinq of the bill .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson.

SENATOR PETERSON

Thank you , M r. President , Members of the Senate . House Bill 533, as amended , removes the sale of elig ible technological equipment that is intended for leasing from the sales tax base and instead applies it to a new leasing tax at the rate of 8 .25 percent of the lease receipts. Of that 8.25 percent , 1 .65 percent points goes to counties and municipalities on a per cap ita basis . The remaining 6.6 percent goes to the General Revenue Fund . I ask for your support of 533, as amended .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator... The question is# shall House Bill 533 pass . Al1 those in favor... Senator Hawkinson , what -- what purpose do you rise?

SENATOR HAWKINSON

If I 'm too late, I 'm too late . I was going to ask a question .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Go ahead . Go ahead r Senator. Sponsor indicates he will yield . Senator Hawkinson .

SENATOR HAWKINSON

Senator, what 's the current tax rate?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson . STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day Ap ril 29g 1998

SENATOR PETERSON

Six and a quarter.

PRESIDING OPFICER (SENATOR DUDVCZ)

PRESIDING OPFICER : (SENATOR DUDVCZ) Senator Hawkinson.

SENATOR HAWKINSON

And this will take it to 8.25?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any fu rther discussion? If not, the question is, shall House Bill 533 pass . 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 are 34 Ayes , 16 Nays, 5 votin: Present. And House Bill 533, having received the required constitutional majority, is declared passed. The bottom of page 4, in the Order of House Bills 3rd Reading g is House Bill 1217 . Senator -- out of the record . On top of page 5 , in the Order of House Bills 3rd Reading , is House Bill 1640. Senator Cronin . House Bill 1670. Senator Radogno . House Bill 1685. Senator Cronin . House B ill 2299. Senator Myers. House Bill 2333 . Senator Peterson. Madam Secretary , read the bill.

ACTING SECRETARY HAWKER

House Bill 2333. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Peterson.

SENATOR PETERSON

Thank you z Mr. P resident r Members of the Senate . House Bill 2333 creates the Automobile Leasing Occupation and Use Tax Act . Specifically , it lowers the 6.25-percent State sales tax z use tax rate, on the purchase of car by the lessor to 1.25 percent . And th is is distributed immediately to counties and municipalities, 12 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29 , 1998 and this remains the same . It imposes a five-percent sales tax on monthly leasing receipts. It lowers the 6 .25-percent State sales use tax on the purchase of the car by the lessee at the end of the lease to five percent . That 's based on the residual value of the automobile . A11 this remains with the State . I ask for your support of House Bill 2333.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? Senator Hawkinson .

SENATOR HAWKINSON

Will the sponsor yield for a question?

PRESIDING OPPICER (SENATOR DUDYCZ)

PRESIDING OPPICER: (SENATOR DUDYCZ) Sponsor indicates he w ill yield . Senator Hawkinson .

SENATOR HAWKINSON

I believe it was last year we passed legislation on this subject matter. Would you compare -- and I believe it was vetoed by the Governor. Can you compare what we did last year With what this bill does?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Peterson .

SENATOR PETERSON

Ie 's *he same bill .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not , the question is : shall House Bill 2333 pass . All those in favor will vote Aye . Opposed will vote Nay . The voting is open. Have all voted who wish? Have a1l voted who w ish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting present. And House Bill 2333, having received the required constitutional majority, is declared passed. House Bill 2364. Senator Weaver. Madam Secretary, read the bill .

ACTING SECRETARY HAWKER

House Bill 2364. 13 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCR IPT 97th Legislative Day April 29, 1998 (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.

SENATOR WEAVER

Thank you , M r. President and Members of the Senate . This gives the elected student trustee voting privileges on university boards of trustees . It also provides that students shall not have the right to vote on board matters involving faculty tenure, p romotion and certain issues that have a direct conflict of interest. It also sunsets on July 1st, 2001 . We passed this bill before . The Governor put an amendatory veto on it . The House failed to act on the Governor 's amendatory veto . And so , in this , we 've included most of the provisions in Ehe amendatory veto . And I would appreciate a favored roll call .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not, the question is , shall House Bill 2364 pass. A ll those in favor will vote Aye . Opposed will vote Nay . The voting is open . Have all voted Who Wish? Hav'e all voted who wish? Have all voted who Wish? Take the record . On that question, there are 55 Ayes, l Nay , none voting p resenE. And House Bill 2364, having received the required constitutional majority, is declared passed. House Bill 2369. Senator Hawkinson . Madam Secretary , read the bill .

ACTING SECRETARY HAWKER

House Bill 2369 . (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson .

SENATOR HAWKINSON

Thank you , Mr . President . This b ill creates the -- the 14 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCR IPT 97th Legislative Day April 29, 1998 International A rbitration Act for commercial matters . It 's a complicated bill. I think Senator Obama probably described it best in in comm ittee when he indicated that this bill fills the void when the parties to a commercial international contract do not provide for how disputes are be -- to be resolved themselves. It adopts the model. It 's been adopted by a number of states . 1 111 be happy to answer any -- specific questions a Member have about the Arbitration Act, but otherwise ask for your favorable support.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 2369 pass . All those in favor will vote Aye . Opposed will vote Nay . The voting is open . Have all voted <ho wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question , there are 59 Ayesz no Nays , none voting present . And House Bill 2369 , having received the required constitutional majority, is declared passed.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) . . . Bil1s 3rd Reading , m iddle of page 5. We have House Bill 2377 . Senator Burzynski. Madam Secretary , please read the bill .

ACTING SECRETARY HAWKER

House Bill 2377 . (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON ) Senator Burzynski .

SENATOR BURZXNSKI

Thank you, Mr. President. Basically this bill provides that a nail technician or a nail technology tpacher registered or licensed outside of Illinois may not be granted a license in Illinois unless, in addition to meeting current requirements, they pass an examination authorized by the Depa rtment of Professional STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29, 1998 Regs .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall House Bill 2377 pass. All those in favor, vote Aye . Opposed , vote No . The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have all voted who w ish? Take the record . On that question , there a re 57 voting Yes, no voting No, no voting Present. House Bill 2377, having received the required constitutional majority, is declared passed. House Bill 2452. Senator Peterson . Madam Secretary , please read the bill.

ACTING SECRETARY HAWKER

House Bi11 2452. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Peterson .

SENATOR PETERSON

Thank youy Mr . President, Members of the Senate . House Bill 2452 amends the Property Tax Code . It states that the county clerk in each county in which an overlapp ing taxin: district is located must certify the portion of the assessed value of the prior year for each overlapping taxing district portion of each affected townsh ip . Now the county clerk must certify the assessed value in each township , not the taxing district. This mainly affects those collar counties that border Cook County and Where -- this basically is for a school district in Barrington, where the school district wishes that just the area that is in the school district in Cook County be given a factor, instead of the whole township being a factor. The Cook County Assessor 's Office is neutral, and it's supported by the Department of Revenue .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON ) Is there any discussion? Any discussion? If not, the 16 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29, 1998 question isr shall House Bill 2452 pass. All those in favor, vote Aye . Opposed , vote No . The voting is open . Have a11 voted who w ish? Have al1 voted who wish? Have a11 voted who wish? Take the record . On that question , there are 55 voting Yes, no voting No , no voting Present. House Bill -- excuse me , House Bill 2452, having received the required constitutional majority, is declared passed . House Bill 2473 . Senator Myers . Madam Secretary , please read the bill .

ACTING SECRETARY HAWKER

House Bill 2473. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Myers.

SENATOR MYERS

Thank you , M r. President , Members of the Senate . This bill amends the Counties Code and the Municipal Code to prohibit the location of an adult entertainment facility within a thousand feet of the property boundaries of a forest p reserve . Last year we passed a billy which is Public Act 90-394, which prohibited the location of that kind of facllity within a thousand feet of the boundaries of a school , day care center , cemetery , public park, public housing , and place of religious worship . And this yea r, the forest p reserve came to us and asked if we would include this in this prohibition. That 's what this bill accomplishesp and I would ask for a positive vote on this issue .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not' the question is, shall House Bill 2473 pass. A11 those in favor, vote Aye . Opposed : vote No . The voting is open . Have al1 voted who w ish? Have all voted who wish? Have a11 voted who wish? Take ehe record . On ehat question, there are 57 voting Yes. l voting 17 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 97th Legislative Day April 29, 1998 No , no voting Present . House Bill 2473, having received the required constitutional majority, is declared passed. House Bill 2533 . Senator Luechtefeld . Out of the record . House Bill 2554. Sena tor Donahue. Madam Secretary r please read *he bill .

ACTING SECRETARY HAWKER

House Bill 2554. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Donahue.

SENATOR DONAHUE

Thank you very much , M r. President , Ladies and Gentlemen of the Senate . This bill does create the M id-America Intermodal Port Authority for five or six counties in western Illinois. It is going to be a tristate authority between the states of Iowa and Missouri. Their legislatures are both considering simila r legislakion. It's identical language to the thirteen other port districts that were created in Illinois . And I would simply ask for your -- or, your support.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is, shall House Bill 2554 pass. A ll those in favor, vote Aye . Opposed , vote No . The voting is open . Have al1 voted Who wish? Have all voted who wish? Have all voted who wish? Take the record . On that question: there are 58 voting Yes, no voting No , no votinq Present. House Bill 2554, having received the required constitutional majority, is declared passed. House Bill 2580. Senator Peterson . Madam Secretary , please read the bill .

ACTING SECRETARY HAWKER

House Bill 2580 . (Secretary reads title of bill) 3rd Reading of the bill . 18 STATE OE ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29, 1998

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson .

SENATOR PETERSON

Thank you, Mr . President: Members of the Sena te . House Bill 2580 amends the Township Code in regard to the purchase , sale or lease of real property . P rior to the sale of township property , the electors shall adopt a resolution stating the details of the p roperty and the -- and the value of the property as determ ined by a certified appraisal. The township board may accept the high bid or any other bid determined to be in the best interests of the township by a three-fourths - now majority - vote, but in no event at a price less than eighty percent of the appraised value. It also includes an amendment to the township refuse collection disposable act, which authorizes townships to contract with a waste hauler, to require property owners to pay the costs directly to the p rovider, rather than the township . Ask for your support of House Bill 2580.

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR BOWLES

Thank you y Mr . PresidenE . Would the sponsor yield?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he dll yield, Senator Bowles .

SENATOR BOWLES

Senator Peterson , if -- the counties where they have a tax eap, if this fifteen-percent (sic) rate was not needed in the future for the waste -- for the collection, would that revert to some other use in the township , or Would it be completely deleted?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson .

SENATOR PETERSON

The bill doesn 't circumvent the tax cap in any way . 19 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Leg islative Day April 29, 1998

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Bowles .

SENATOR BOWLES

It does not circumvent . Thank you very much . Thank you .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any other discussion? Any other discussion? Question is, shall House Bill 2580 pass. A1l those in favor, vote Aye . Opposed , vote No . The voting is open . Have all voted who wish? Have all voted who Wish? Have all voted Who W ish? Take the record . On that question, there are 57 voting Yes, no voting No r no voting Present . House Bill 2580, having received the required constitutional majority, is declared passed. Senator Burzynski, with House Bill 2590. Madam Secretary , please read the bill.

ACTING SECRETARY HAWKER

House Bill 2590 . (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER (SENATOR WATSON)

PRESIDING OPFICER: (SENATOR WATSON) Senator Burzynski.

SENATOR BURZYNSRI

Thank you , Mr. President. This is a piece of clean-up leqislation for the Department of Professional Regs. Contains several provisions. It amends the Illinois Physical Therapy Act . Amends the P rofessional Boxing and W restling Act . It also amends *he Professional Counselor and Clinical Professional Counselor Licensing Act; Barber, Cosmetologyr Esthetics, and Nail Technology Act; (Private Detectivez) Private Alarm, Private Security, and Locksmith Actz as well. I'd be more than Willing to answer any questions .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? If not, 20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29, 1998 the question is , shall House Bill 2590 pass . A l1 those in favor, vote Aye . Opposed , vote No . The voting is open . Have all voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record . There are 59 voting Yes , no voting Present , no voting No , also . House Bill 2590, having received the required constitutional majority, is declared passed. House Bill 2734. Senator Dudycz . Madam Secretary, please read the bill .

ACTING SECRETARY HAWKER

House Bill 2734. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Dudycz.

SENATOR DUDYCZ

Thank you , M r. President. House Bill 2734 requires that the A ttorney General 's investigators cooperate with other law enforcement officials, but it deletes the requirement that they contact local law enforcement officials prior to exercising their duties . The languaqe in the -- in the bill mirrors Illino is State Police Statutes verbatim . The legislation does not qive Attorney General's investigators any more powers than they possess currently , but the bill addresses a p roblem in the Attorney General 's Office When their investigato rs have faced situations when they were asked to become involved in investigation of local 1aw enforcement officials. These are sensitive investigations where notifying the local law enforcement official being investigated would not be appropriate. I know of no opposition at this -- at this language r and I would seek your support .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any d iscussion? If not, the question is , shall House Bill 2734 pass . A ll those in favor , vote Aye. Opposed, vote No. The votin: is open. Have all voted 21 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29, 1998 who wish? Have all voted who wish? Have a11 voted who wish? Take the record . On that question , there are 58 voting Yes, no voting No , no voting Present . House Bill 2734, having received the required constitutional majority, is declared passed. Senate (sic) Bill 2748. Senator Bomke. Madam Secretary, please read the bill .

ACTING SECRETARY HAWKER

House Bill 2748 . (Secretary reads title of bill) 3rd Read ing of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senato r Bomke .

SENATOR BOMKE

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2748 authorizes one additional water source from which a Municipal joint water -- joint actlon water agency may withdraw water: the Sangamon River Valley Alluvium . It 's requested by the Village of Chatham and Rochester, in Sangamon County, to establish a municipal joint action water agency. I know of no opposition, and I would ask for a favorable vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Is there any dtscussion? If not, the question is, shall House Bill 2748 pass . A ll those in favo r, vote Aye. Opposed, vote No. The voting is open. Have all voted who w ish? Have all voted who w ish? Have al1 voted who W ish? Take Ehe record . On that question , there are 57 votinq Yes, no voting -- l voting No , no voting Present . House Bill 2748, having received the required constitutional majority, is declared passed. House Bill 3068 . Senator Bomke . Madam ...

SENATOR BOMKE

Thank you ...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) 22 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 97th Legislative Day April 29 , 1998 Madam Secretary, please read the bill.

ACTING SECRETARY HAWKER

House Bill 3068 . (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Bomke .

SENATOR BOMKE

Thank your Mr. President, Ladies and Gentlemen of the Senate. House Bill 3068 amends the Civil Administrative Code of Illinois to authorize the Department of Agriculture to award grants to nonprofit organizations fo r the promotion of livestock shows . It 's an attempt to bolster Junior Livestock shows at the Illinois and Duouoin State Fair. I know of no opposition, and I would ask for a favorable vote .

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR BURZYNSKI

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

PRZSIDING OFFICER (SENATOR WATSON)

PRZSIDING OFFICER : (SENATOR WATSON) Sponsor indicates he 'll yield , Senator Burzynski .

SENATOR BURZYNSKI

Senator Bomke, what kind of not-for-profits are we talking about? I'm just kind of curious.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON ) Senator Bomke.

SENATOR BOMKE

Any livestock organizations , county fairs , to -- to mention two .

PRESIDING OFFICER (SENATOR WATSON)

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

SENATOR RAUSCHENBERGER

23 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 97th Legislative Day April 29, 1998 W ill the sponsor yield fo r a question?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he dll yield r Senator Rauschenberger.

SENATOR RAUSCHENBERGER

Senator Bomke, does this create a -- an appropriation mandate? Does this b ill require appropriation?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON ) Senator Bomke .

SENATOR BOMKE

No , it does not; however, it would require a hundred thousand dollars to fund it , but it does not -- does not include a -- a mandate of a hundred thousand . It Will require that , however.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Rauschenberger.

SENATOR RAUSCHENBERGER

So this does include a -- a mechanism -- or, a request for a hundred thousand dollars a yea r to -- to support livestock shows, but it doesn 't include a continuing approp riation , so ...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Bomke .

SENATOR BOMKE

That is correct.

SENATOR RAUSCHENBERGER

Thank you .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any other discussion? Senator Bomke , do you wish to close?

SENATOR BOMKE

I would ask fo r a favorable vote .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The question is , shall House Bill 3068 pass . A11 those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l 24 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCR IPT 97th Legislative Day April 29, 1998 voted who wish? Have all voted who wish? Have all voted who wish? Take the record . On that question , there are 52 voting ïes, 5 voting No , 1 votinq Present . House Bill 3068, having received the required constitutional majority, is declared passed. Senator Luechtefeld . Senator Luechtefeld , on House Bill 3181? Out of the record . That concludes our 3rd Reading . Senator Burzynski, for what purpose do you rise?

SENATOR BUR ZYNSKI

Purpose of an announcement .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Proceed .

SENATOR BURZYNSKI

Thank you, Mr. President. I ld like to introduce a guest that we have with us today on the Senate Floor, a guest kho can prove that not only I have a district that I represent , but that Senator Rauschenberger also has family, and therefore, truly must have a heart . I 'd like for Laurel Kracen: the sister of Senator Steven Rauschenberger, to stand , be recognized . She 's on the Senate Floor .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Very good . Well, welcome to the Senate . Senator Mahar , for what purpose do you rise , sir?

SENATOR MANAN

For the purpose of an announcement.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Yes. Go ahead.

SENATOR MAHAR

Senate Environment and Energy Committee will meet in Room 2l2 immediately upon adjournment.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further announcements: I guess. Senator Dudycz.

SENATOR DUDYCZ

25 STATE OP ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 97th Legislative Day April 29, 1998 Thank you , Mr . President. On a point of personal p rivilege. '

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) State your point . SENATOR DUDYCZ : . Ladies and Gentlemen of the Senate g you may notice on my desk there is a very larqe trophy . Now , everyone is invited this evening to participate in festivities that will allow you the opportunity to take this -- this trophy, or three others, home . This includes the Senate secretaries , staff and the Members . The - - there is a reception the Coin Machine Operators are hosting at the Renaissance this evening . And a big-screen TV will be there for all of us Bull fans that do not wish to miss the Bulls game . But one of you , hopefully in the Senate , will take this trophy -- and dep rive the -- the House Members from taking th is away from uS .

PRESIDING OFFICER (SENATOR WAQSON)

PRESIDING OFFICER : (SENATOR WAQSON) Senator Karpiel , for what purpose do you rise r ma 'am ?

SENATOR KARPIEL

Thank you , M r. President . To announce a Republican Caucus in Senator Pate Philip's Office immediately upon adjournment. The Energy and Environment Committee will meet immediately after the Caucu s .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Republican Caucus immediately after adjournment. Committee Reports , Madam Secreta ry .

ACTING SECRETARY HAWKER

Senator Weaver, Chairman of the Committee on Rules , reports that the following Legislative Measures have been assigned : Refer to Education Comm ittee - House Bill 2802: refer to Executive Committee - House Bills 2630, 2672, 3173, 3341, 3461 and 35567 refer to Licensed Activities Committee - House Bill 13357 refer to Local Government and Elections Committee - House Bill 2375: refer 26 ' j STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 97th Legislative Day April 29, 1998 to Public Health and Welfare Committee - House Bill 705: re-refer from State Government Operations Committee to Rules Committee - House Bills 2630 and 26727 refer to State Government Operations Committee - House Bill 2909 7 refer to Transportation Comm ittee - House Bill 3415; and Be Approved for Considera tion - House Bill 1151 . Filed by Senator Stanley Weaver, April 29 , 1998 .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Madam Secretary , have there been any motions filed?

ACTING SECRETARY HAWKER

Yes. Senator Hawkinson has filed a motion with respect to Senate Bill 363.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Madam Secretary, the Chair requests that these motions be printed on the Calendar. So ordered . Senator Jacobs , for what purpose do you rise , sir?

SENATOR JACOBS

Thank you, M r. P resident . Just as a matter of information . Just Would make a request of Senator Mahar . He ind icated that we would have the Energy and Environment Committee right after adjournment. But being's youdre going to caucus, could We ask that the Secretary call us when the -- your caucus is over so that we dll know what time to -- to go to the meeting?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Jaeobs, that's a request that ought to be granted , but I don 't see Senator Mahar on the Floor. I would -- I would suggest maybe you call his officey and -- and I 'm sure that that can be taken care of . Any further business? Any further business? If not , the Senate will -- Senator Bomke moves that the Senate stands adjourned until 9 a.m.: Thursday, April 30th. 9 o 'clock in the morning . Good afternoon . 27 REPORT: TIFLDAY STATE OF ILLINOIS 98/05/01 PâGE: 001 90TH GEKERAL ASSEMBLY 10:10:03 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 29, 1998 HB-O025 THIRD READING HB-0038 THIRD READING HB-009R THIRD READING H8-0533 THIRD READING HB-1R22 SECOND READING H8-2297 SECOND READING H8-2333 THIRD READING H8-2364 THIRD READING H8-2369 THIRD READIKG HB-2370 SECOND READING H8-2377 THIRD READING H8-2452 THIRD READING H8-2473 THIRD READING H8-255) THIRD READING H8-2557 SECOND READING H8-2580 THIRD READING H8-2590 THIRD READING H8-2734 THIRD READING H8-2748 THIRD READING HB-30R8 SECOND READING H8-3068 THIRD READING 58-0363 MOTION FILED SR-0200 RESOLVTION OFFERED SR-0201 RESOLVTIQN OFFERED *HJR-0020 SECOND READING :JR-0063 RESOLUTIOH OFFERED SUBJECT HATTER SENATE T0 ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-THE REVEREND DAN SEIBERT PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOURNAL-POSTPONED PAGE 1 COHMITTEE REPORTS PâGE 1 MESSAGES FROH THE HODSE PAGE 2 MESSAGE FROM THE HINORITY LEADER PAGE 3 SENATE STANDS AT EASE/RECONVENES PAGE 1 INTRODVCTION OF GUESTS-SENATOR DONAHUE PAGE 8 REMARKS BY NAUVOO-COLUSA COACH PINKSTON PAGE 8 COHMITTEE REPORTS PAGE 26 ADJOURNMENT PâGE 27