The regular Session of the 90th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? Our prayer today will be given by the Reverend Jeff Nelsen, Cherry Hills Baptist Church, Springfield, Illinois. Reverend Nelsen.
(Prayer by the Reverend Jeff Nelsen)
Will you please remain standing for the Pledge of Allegiance? Senator Sieben .
(Pledge of Allegiance, 1ed by Senator Sieben) PRESIDBNT PHILIP I Reading of the Journal.
Senate Journals of Monday, May 4th, and Tuesday, May 5th, l9 98 .
Senator Geo-xaris .
Mr . President z I move that the Journals -- I move that reading and approval of the Journal of Wednesday, May 6th in the year I'm sorry. Mr. President, I move that the Journals just read by the Secretary be approved, unless some Senator has additions or co rrections to offer .
Senator Geo-xaris moves the approval of the Journal just read. There being no objection, so ordered. Senator Geo-Karis.
Mr . President y I move that reading and approval of the Journal of Wednesday, May 6th, in the year 1998, be postponed, pending l STATE OF ILLINOIS : 90TH GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7 , 1998 i arrival of the printed Journal.
Senator Geo-Karis moves to postpone the readinq and Ehe approval of the Journal, pending the arrival of the printed i transcript. There being no objection, so ordered. Committee Reports .
Senator Butler, Chair of the Committee on Local Government and i Elections r reports House Bills 2375, 2553, 2607 , 2869, 2910 and 3139 Do Pass; House Bills 644, 2424 and 2827 Do Pass, as Amended. Senator Syverson, Chair of the Committee on Public Hea1th and Welfare, reports House Bills 2581, 2758 and 3435 Do Pass; House i ! Bills 705, 2583, 3286, 3431, 3492 Do Pass , as Amended . i . Senator Madigan , Chair of the Commiktee on Insurance and Pensions, reports House Bills 2860, 3427, 3514, 3515, 3516, 3813 and 3814 Do Pass; and House Bills 1552 and 3464 Do Pass , as ! Amended . Senator Weaver, Chair of the Committee on Rules , reports that the following Legislative Measures have been assigned: l ! Re-referred from the Education Committee to the Rules Committee - Senate Amendment 2 to House Bill 2560: referred to the Committee on Executive - the Motion to Concur With House Amendment l to Senate Bill 1292.
Messages from the House .
Messaqe from the House by Mr. Rossiy Clerk. Mr . President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution , in the adop tion of which I am instructed to ask the concurrence of the Senate s to wit : House Joint Resolution 58 . ; I 2 . STATE OF ILLINOIS i j 90TH GENERAL ASSEMBLY 5 REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 Adopted by the House, May 6th, 1998. It's substantive. Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1246, together with House Amendment No. 1. We have a like Message on Senate Bill 1306, with House Amendment No . 1. Both passed the House , as amended , May the 6th , 1998.
Senator Walsh, for what purpose do you rise?
Point of personal privilege.
State your point I . j
i Mr. President and Ladies and Gentlemen of the Senate, it's my ! distinct honor to have friends of mine from the district. A gentleman who has served with me for twenty-six years in township qovernment, Paul Buss, our Township Highway Commissioner, and his wife , Annette . And the young lady that looks like my daughter ' that 's w ith me today is my w ife , Irene .
Well, congratulations. Nice to have you here, Road Comm issioner . On today 's Calendar, on page 5, in the O rder of House Bills 2nd Reading. House Bill 646. Senator Maitland. Senator Maitland. Take it out of the record. House Bill -- 884. Senator Radogno . Take it out of the record , M r. Secretary . House Bill -- 1268 . Senator Shaw . Senator Shaw , 1268? Take it out of the record . House Bill 1318 . Senator Geo-Karis . Read the bill, Mr . Secretary . i 3 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998
House Bill 1318. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government Operations adopted one amendment.
Are there any other Floor amendments?
No further amendments approved , or reported .
3rd Reading. House Bill 1612. Senator Parker. Take it out of the record, Mr. Secretary. House Bill 2091. Senator Rauschenberger . Senator Rauschenberger . Take it out of the record . House Bill 2295 . Senator Maitland . Read the bill , M r. Secretary .
House Bill 2295 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Ploor amendments.
3rd Reading. House Bill 2363. Senator Peterson. Senator Peterson. Read the bill, Mr. Secretary.
House Bill 2363. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading . House Bill 2400 . Senator Dudycz . Take it out of the record, Mr. Secretary. House Bill 2430. Senator O 'Daniel. Read the bill , Mr . Secretary .
House Bill 2430. 4 i STATE OF ILLINOIS I 90TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT ! 102nd Legislative Day May 7, 1998 l (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted one amendment. :
Have there been any other Floor amendments been approved for consideration?
No further amendments reported.
3rd Reading. House Bill 2446. Senator Maitland. Read the bills Mr . Secreta ry .
House Bill 2446 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
Have there been any other Floor amendments that have been approved fo r consideration?
No further amendments reported .
3rd Reading . House Bill 2466 . Senator Walsh . Senator Walsh . Take it out of the record. House Bill 2474. Senator O 'Malley. Read the bill , Mr . Secretary .
House Bill 2474 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading . House Bill 2560 . Senator Fawell . Take it out of the record , M r. Secretary . House Bill 2589 . Senator ! 5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 Luechtefeld. Take it out of the record. Senate (sic) Bill 2630. Senator Maitland . Read the bill, M r. Secreta ry .
House Bill 2630. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments .
3rd Reading . House Bill 2643. Senator Sieben . Senato r Sieben. Take it out of the record, Mr. Secretary. House Bill 2652 . Senator Mahar. Senator Mahar. Take it out of the record , Mr. Secretary. House Bill 2668. Senator Dillard. Senator Dillard. Take it out of the record, Mr. Secretary. House Bill 2671. Senator Peterson. Read the bill, Mr. Secretary.
House Bill 2671. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment.
Have there been any other Floor amendments app roved for consideration?
No further amendments reported .
3rd Read ing . House Bill 2696 . Senator Molaro . Senator Molaro. Take it out of the record . House Bill 2700. ...Dillard. House Bill 2700. Senator Dillard. Take it out of the record. House Bill 2802. Senator Clayborne. Senator Clayborne. Read the bill , Mr . Secretary .
House Bill 2802 . (SecreEary reads title of bill) 6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 2nd Reading of the bill. The Committee on Education adopted one amendment .
Save Khere been any ceher Ploor amendmenes approved for consideration?
No further amendments reported .
3rd Reading . House Bill 2818. Senator Walsh . Senator Walsh . Read the bill, Mr . Secretary .
House Bill 2818. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendmenks.
3rd Reading. Senator Shadid, for what purpose do you rise?
Point of personal privilege r M r. President .
State your point.
I don 't know if you folks are a1l aware , this is a great day today . W e have a great perspn today who is celebrating his birthday, and just because he hasn't got any cake or ice cream down there , it doesn 't mean he 's cheap .
Ohz yeah?
But there's a strong rumor that he's going to invite us all to his home tonight for a barbecue cookoût. Thank you very much.
Congratulations . House Bill 2837 . Senator Butler . I 'm 7 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT : 102nd Legislative Day May 7, 1998 ! 1 sorry , Sena tor Shadid . '
Mr. President, I got so excited about this that I forgot to tell you it was Senato r Demuzio 's birthday , our sreat leader over ' here. Senator Demuzior happy birthday. Thank you.
! House Bill 2837. Senator Butler. Read the bill, Mr. Secretary .
House Bill 2837 . ! (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDENT PHILIP : . ! ! 3rd Reading . House Bill 2844. Senator Parker. Take ik out E of the record . House B ill 2864. Senator Rauschenberger . Senator Rauschenberger . Read the bill, Mr. Secretary .
House Bill 2864 . i (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Readinq . House Bill 2909 . Senator Garcia . Senator Garcia? Take it out of Ehe recordg Mr. Secretary . House Bill 2950. Senator Sieben . Take it out of the record e Mr . Secrekary . House Bill 3025. Senator Berman . Senator Berman . Take it out of the record, Mr. Secretary. House Bill 3026. Senator Walsh. Read the bill, Mr. Secretary.
House Bill 3026. (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Revenue adopted one amendment. 8 STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998
Have there been any other Floor amendments approved for consideration? !
No further amendments reported. PRESIDENT PHILIP ) . 3rd Reading . House Bill 3028 . Senator Cronin . Take it out of the record, Mr. Secretary. Now, the top of page 8. House Bill 3030 . Senator Ka rpiel . Senator Karpiel . Take it out of the record, Mr. Secretary. House Bill 3063. Senator Hawkinson. Read the bill, Mr. Secretary .
House Bill 3063. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 3081. Senator Syverson. Senator Syverson . Take it out of the record , M r. Secretary . House Bill 3081 . Oh , I'm sorry . Senator Syverson, you were out of your seat. You 're hard to locate. Al1 right. Let's got back to House Bill 3081 . Senator Syverson . Read the bill, Mr. Secretary .
i House Bill 3081 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 3081 (sic) (3180). Senator Walsh. T i ake it out of the record . House Bill 3202. Senator Watson. j Read the bill , Mr . Secretary . SECRETM W HARRX : . House Bi11 3202 . (Secretary reads title of bill) j 9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 102nd Legislative Day May 7 , 1998 2nd Reading of the bill. No committee or Ploor amendments.
3rd Reading . House Bill 3249. Senator Maitland. Senator Maitland. Read the bill: Mr. Secretary.
House Bill 3249 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted tWo amendments .
Have there been any other Floor amendments approved for consideration?
No further amendments reported .
3rd Reading . House Bill 3254. Senator Tom Walsh . Take it out of the record , Mr. Secretary . House Bill 3294. Senator Dillard . Senator Dillard . Take it out of the record, Mr. Secretary . House Bill 3321 . Senator Walsh . Take it out of the record, Mr. Secretary. House Bill 3441 (sic) (3341). Senator Dudycz. Read the bill, M r. Secreta ry .
House Bill 3341. (Secretary reads title of bill) 2nd Readin: of the bill . No comm ittee or Ploor amendments.
3rd Reading. House Bill 3363. Senator Madigan. Take it out of the record. House Bill 3383. Senator Burzynski. Take it out of the record , M r. Secretary . House Bill 3406 . Senator Walsh . Read the bill, Mr. Secretary.
House Bill 3406. 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Leqislative Day May 7, 1998 ! (Secretary reads title of bill) 2nd Readkng of the bill. No committee or Ploor amendments .
3rd Reading. House Bill 3415. Senator Walsh . Take it out of l i the record. Top of page 9. House Bill 3461. Senator Mahar. 1 Senator Mahar. Take it out of the recordv Mr. Secretary. House Bill 3494 . Senator Molaro . Read the bill, M r. Secretary . i SECRETA:Y NANRY: I House Bill 3494. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDENT PH ILIP : ' i 3rd Reading . House Bill 3556. Senator Dudycz . Read the bill , Mr . Secreta ry .
House Bill 3556. i (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
! 3rd Reading. House Bill 3575. Senator Obama. Senator Obama. l Take it out of the record, Mr. Secretary. House Bill 3579. Senato r del Valle . Senator del Valle. Take it out of the record , M r. -- oh, excuse me . Read the billg Mr. Secretary . i i
House Bill 3579. (Secretary reads title of bill) i 2nd Reading of the bill. The Committee on Executive adopted two 1 amendments .
Have there been any other Floor amendments approved for consideration? j 1
i ! 11 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7: 1998 No further amendments reported .
3rd Reading. House Bill 3612. Senator Maitland. Senator -- read the bill, Mr. Secretary .
House Bill 3612. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. House Bill 3626. Senator Watson. Read the bill, Mr. Secretary.
House Bill 3626. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments.
3rd Reading. House Bill 3778. Senator Cronin. Senator Cronin. Take it out of the record, Mr. Secretary. House Bill 3811 . Senator Radogno . House Bill 3811 . Senato r Radogno . Take it out of the record , M r. Secretary . House Bill 3844 . Senator Dudycz. Read the bill .
House Bill 3844. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
3rd Reading. With leave of the Body, I'd like to go back and pick up three House bills on 3rd Reading . Is leave qranted? Leave is granted . On 2nd Reading . Excuse me. House Bill 646 . Senator Maitland . Read the bill, Mr. Secretary .
House Bill 646 . 12 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7 , 1998 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment . PRESIDENT PHILIP : Have there been any Floor amendments approved for consideration? SECRETARV HANRY : , ! , No further amendments reported . PRESIDENT PHILIP: l 3rd Reading. House Bill 2696. Senator Molaro. Read the l i bill , Mr. Secretary, for the second time. ! k SECRETARY NAKRY ! : i i House Bill 2696. j (Secretary reads title of bill) 1 1 2nd Reading of the bill. No committee or Floor amendments. I l PRESIDENT PH ILIP : 3rd Reading. Senate (sic) Bill 3575. Senator Obama. Read the bill, Mr. Secretary . SECRETARY HAQRY : House Bill 3575 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted two amendments. PRESIDENT PHILIP : , 1 Have there been any other Floor amendments been approved for ! i consideration? 1 I ! SECRETARY papny: I I No further amendments reported. 1 i i PRESIDENT PHILIP: I I 3rd Reading. Senator Karpiel, for what purpose do you rise? i SENATOR KARPIEL : : Well, first of all, Mr. President, I would like the record to ' j 13 I 'j ! I STATE OF ILLINOIS I i 90TH GENERAL ASSEMBLX REGULAR SESSION I SENATE TRANSCRIPT l 102nd Legislative Day May 7, 1998 reflect the absence of Senator Radogno . She is home on personal business . And also to ... PRESIDENT PHILIP : The record will so indicate. SENATOR KARPIEL : Also to call for a Republican Caucus in Senator Pate Philip's Office -- I mean, a caucus immediately on adjournment. PRESIDENT PH ILIP : Well ... Senator Demuzio , for what purpose do you rise? SENATOR DEMU ZIO : Mr. President, I'd like the record to reflect that Senator Rea is absent today because of a death in the family. PRESIDENT PHILIP : ' The record will so indicate. I'm assuming it's going to be a short Republican Caucus, so we will come back in Session at 10:30. The Senate -- the Senate stands at ease. Yeah. Just so we clarify what's going on here. Welre coming back at 10:30. We'11 do 3rd Readinqs. So we s*and at ease until 10:30. Senator Watson, for what purpose do you rise? SENATOR WATSON : Yes . Thank you . And I appreciate your acknowledgment . I'd like to take this opportunity to welcome an individual to the Senate Floor here. Dave Luechtefeld 's son, Keith, is wieh him here today. And Keithr back here, a graduate of Illinois Wesleyan Dniversity in Bloomington, and up here for the day visiting us. PRESIDENT PH ILIP : Keith, very nice to have you here today. Senator Maitland, for what purpose do you rise? SENATOR MAITLAND : Thank you very much , M r. President . Members of the Senate , I'm happy to introduce a special guest on the Floor this morning. He happens to be the good-looking brother and the intelliqent 14 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 102nd Legislative Day May 7r 1998 brother of my seatmate Steve Rauschenberger, John Rauschenberger, Who was active in my very first campaign . John Rauschenberger.
John , please rise and be recognized by the Senate . (SENATE STANDS AT EASE) (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DUbVCZ) Will the Members Within earshot come to the Floor? We will be qoing to the Order of House Bills 3rd Reading in a few m inutes . Will Senators Philip , Cullerton , Sieben, Donahue, Hawkinson , Cronin come to the Floor? We will be going to the Order of House Bills 3rd Reading in several moments. Madam Secretary, Communications from the Minority Leader.
Dear Mr. Secretary - Pursuant to the Senate Rule 3-5(c) of the Illino is 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 . Filed by Senator Emil Jones, Senate Minority Leader.
PRESIDING OFFICER: (SENATOR DUDYCZ) If you turn to the middle of page 2 of your regular Calendars, in the Order of House Bills 3rd Reading . House Bills 3rd Reading . House Bill -- 349. Senator Philip . Senator Philip . On the -- on the bottom of page 2, in the Order of House Bills 3rd Reading, is House Bill 1151. Senator Cullerton . Senator Cullerton . On the top of page in the Order of House Bills 3rd Reading , is House Bill 1217. Senator Sieben. The Chair will remind the Members 15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 that We will be going through the Calendar only one time this morning. House Bills 3rd Reading. House Bill 1368. Senator Donahue. Out of the -- no . Madam Secreta ry , read the bill. ACTING SECRETARY HAWKER: j l House Bill 1368. ! (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) ! Senator Donahue. l
Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. In 1993 you al1 are aware of the fact that we had the flood, the 1 Great Flood of 1993. In that happeningy there was a levee break on the Missouri side of the Mississippi, and it -- gentleman was just convicted of causing a catastrophe. When we started checking into this, we realized that we didn't have a situation in Illinois ! where this could -- if a similar situation happened in Illinoisz ! we would have no way to charge someone, except for causing damage E to property, which , as we understand it , would be like three to seven years, and this gentleman received life, in Missouri. So I 1 ! this adds to the Statutes in Illinois of -- causing a catastropher I and I would ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question isz shall House Bill 1368 pass. All those in favor will vote Aye. Opposed will vote Nay . The votinq is open. Have a11 voted Who Wish? Have all l voted who Wish? Have a11 voted who Wish? Take the record. On that question: there are 56 Ayes, no Nays, none voting Present. And House Bill 1368, havinq received the required constitutional majorityr is declared passed. House Bill 1422. Senator i Hawkinson. House Bill 1640. Senator Cronin. Senator Cronin. E ( House Bill 1685. Senator Cronin . Senator Cronin? House Bill 16 STATE OF ILLINOIS ! 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 i i : 2257. Senator Geo-Karis . ...secretary r read the bill . I
House Bill 2257 . ! (Secretary reads title of bill) 3rd Readin: of the bill. PRESIDING OFFICER : (SENATOR DUDVCZ) 5 , senator Geo-Karis. I I SENATOR GEO-KARIS: ! Mr. President and Ladies and Gentlemen of the Senatez my computer isn't worth the powder to blow it . So, this bill amends I : ! the Criminal Code's provision regarding periods of limitations for ' criminal prosecutions, and I ask for a favorable vote. It's already been very well-discussed in Judiciary... !
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Clayborne . If there 's no I further discussion, the question is, shall House Bill 2257 pass. i All those in favor w ill vote Aye . Opposed will vote Nay . The . voting is open. Have a11 voted who wish? Have all voted who j ! wish? Have all voted Who wish? . Take the record. On that question, there are 58 Ayes: no Nays, none voting Present. And House Bill 2257 , having received the required constitutional i majority, is declared passed. Senator Clayborne, what purpose do i you rise? SENATOR CLAYBORNE: ! 1 Thank you, Mr. President. I rise for a point of personal p rivilege .
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point .
Yes. Beh ind me , in the Senate Democratic galleryy I have ! Superintendent of Schools of Belleville , Leo Hefner. I would hope that everybody would stand and -- have him to stand and be 17 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7 , 1998 recognized .
PRESIDING OFFICCR: (SENATOR DUDYCZ) :i1l our guest in the gallery please rise and be recognized? Welcome to Springfield. In the middle of page 3, in the Order of House Bills 3rd Reading , is House Bill 2306. Senator Mahar. Senator Mahar. Senate (sic) Bill 2367. Senator Peterson. Madam Secretary , read the bill.
House Bill 2367. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Peterson.
ehank you, Mr. President and Members of the Senate. House Bill 2367 authorizes a guardian of the person of a minor to desiqnate a standby guardian of the minor or appoint a short-term guardian of the m inor if there 's no surviving pa rent of the minor. It provides for the designation of a standby or short -- sho rt-term guardian of the person of a d isabled adult. It also includes changes that were recommend by Equip Por Equity (sic) (Equality), and these changes require the consultation with the disabled person as to his preference as to the standby or short-term guardian. There 's several items that were added by the Bar Association that have to do with probate, and this bill is supported by the Chicago Bar Association, the Guardianship and Advoeacy Commission and Equip for Equity . I ask for your support of House Bill 2367.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 2367 pass. All those in favor will vote Aye. Opposed Will vote Nay . The voting is open. Have all voted who wish? Have all 18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. And House Bill 2367, having received the required constitutional majority, is declared passed. House Bill 2370. Senator Parker. House Bill 2391. Senator Donahue. House Bill 2411. Senator I Mahar. Senator Mahar. House Bill 2493. Senator Dillard . House . Bill 2503. Senator Karpiel. House Bill 2565. Senator Donahue. Madam Secretary, read the bill.
House -- House Bill 2565. ! (Secretary reads title of bill) ! : 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Donahue .
Thank you very much, Mr . President. Could I have a point of personal -- could I have a question of the Chair, pl.ease? Is I 1 there any way We could go back to 2391 as well? I 'm sorry . I ! Wa S ...
PRESIDING OFFICER: (SENATOR DUDXCZ) With leave of the Body, we will return to the Order of House Bill 2391 at the conclusion of House Bill 2565. SENATOR DONAHUE J That's fine. All right. Senate (sic) Bill 2565 deals with allowing the Board of Higher Education to establish a four-year time degree incentive qrant. There 's no appropriation that i I accompanies this, but it is trying to encourage the State universities or universities all across Illinois to try to have students qraduate in a four-year period . It 's a very important bill for parents and for students and I think important for Illino is . To give you one statistic that I think sort of clarifies a little bit what's happening out there, is that our MAP 19 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 grants that are -- that are awarded by our -- by the State : about , fourteen plus million dollars goes to fifth-year students. And I i think this is just trying to send a message to our university system that: let's try to work together to get students to graduate in a four-year period. That's what the bill does. I ask for your support .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is r shall House Bill 2565 pass. A1l 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 I that question, there are 55 Ayes, no Nays, 1 voting Presenk. And House Bill 2565: having received the required constitutional I majority, is declared passed. With leave of the Body, we'll ! return to the Order of House Bills 3rd Reading, in the middle of page 3, House Bill 2391. Madam Secretary, read the bill. !
House Bill 2391 . : (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Donahue . !
Thank you, Mr. President, and I certainly appreciate your consideration . House Bill 2391 simply exempts people involved ! with detecting lineage and genealoqy, that they don 't have to have a detective ls -- detective 's license wikh the Deparkment of P rofessional Regulations . I rep resent the City of Nauvoo , Which is very close , of courser to the Mormon Church , thae does a lot of wo rk with genealogy , and I don 't th ink they need to have a detective fs license. I would ask for your favorable support. !
PRESIDING OFFICER: (SENATQR DUDYCZ) 20 STATE OF ILLINO IS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7 , 1998 Is there any discussion? If not, the question is, shall House Bill 2391 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 a11 voted who wish? Take the record. On that question, there are 56 Ayes, no Nays , none voting Present . A nd House Bill 2391, havin: received the required constitutional majority, is declared passed. The top of page 4, in the Order of House Bills 3rd Readingr is House Bill 2614. Senator Demuzio. Senator Demuzio. Madam Secretary, read the bill.
House Bill 2614. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio .
Thank you very much, Mr. President. This bill is identical to the provisions that we had in Senate Bill 1561, Senator Cronin's bill, what deals with special education and the cooperatives governing -- the governin: board of -- of educational co-ops , sp ecial ed . It is noncontroversial . No opposition . I would ask for your suppo rt.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is , shall' House Bill 2614 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 wlsh? Have all voted who wish? Take the record . On that question, there are 56 Ayes, no Nays: none voting Present. And House B i11 2614, having received the required constitutional majority, is declared passed. House Bill 2729. Senator Weaver. House Bill 2887. Senator Karpiel. House Bill 1899. Senator Dilla rd . House Bill 3048 . Senator Shaw . Madam Secretary , read 21 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 102nd Legislative Day May 7r 1998 the bill . ACTING SECRETARY HAWKER : ' House Bill 3048 j . I (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) I I Senator Shaw . SENATOR SHAW : : Thank you, Mr. President. This is a LRB clean-up bill, consolidating certain Acts in the Statute into one compiled Act. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House , Bill 3048 pass. A1l those in favor will vote Aye. Opposed Will vote Nay . The voting is open. Have all voted who wish? Have a1l voted who wish? Have all voted who Wish? Take the record. On 1 i that question : there are 55 Ayes , no Nays , none voting Present . And House Bill 3048, having received the required conseitutional majority, is declared passed. House Bill 3129. Senator Luechtefeld . House Bill 3162. Senator Dillard . Madam Secretary , read the bill. 1 ACTING SECRETARY HAWKER : House Bill 3162. (Secretary reads title of bill) I 3rd Reading of the bill . PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Dillard . SENATOR DILLARD : Thank you , M r. President and Ladies and Gentlemen of the Senate. This bill was proposed by Attorney General Jim Ryan and it 's supported by the City of Chicago and the Illinois State I Police, and it allows law enforcement officers in Illinois to enforce orders of protection from other states even if it 's not l . 22 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 possible to determine if thak order is valid. The proponents of this bill believe that police should not take the chance and they I should enforce an order of protection from another state to r protect our citizens. These are often orders that are in domestic violence situations, and this bill just says that our law i enforcement officers can take at good faith the orders of protection from other states to protect our citizens. I know of no opposition, but I'd be happy to answer any questions. I'd appreciate a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If -- if not, the question is, shall House Bill 3162 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record, Madam Secretary . On that question r there are 56 Ayes: no Nays z no Members voting Present. House Bill 3162 , having received the required constitutional majority, is declared passed. Senator Luechtefeld z for what purpose do you arise, sir? ! SENATOR LUECHTEFELD : ! Thank you , Mr . President . Point of personal p rivilege . PRESIDING OFFICER) (SENATOR MAiTLAND) I Please state your point . :
With me here at my seat is the Superintendent of Schools at I ' Steeleville High School, Mr. Don Badgley . I1d like the Senate to : recognize him , if you would , please . And welcome him .
PRESIDING OFFICER: (SENATOR DUDVCZ) ! W ill our guest in . . . !
. . o please stand .
PRESIDING OFFICER : (SENATOR DUDVCZ) Will our guest please rise and be recognized? Welcome to j 23 STATC OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 102nd Legislative Day May 7, 1998 j Springfield. Middle of page 4 of your regular Calendar, tn the Order of House Bills 3rd Reading, is House Bill 3170. Senator Bowles . Madam Secretary , read the bill .
House Bill 3170 . (Secretary reads title of bill) 3rd Reading of the bill. !
PRESIDING OFFICER : (SENATOR DUDXCZ) Senator Bowles .
Thank you : Mr. President, Members of the Senate. House Bill i r 3170 amends the Controlled Substances Act and the Unified Code of Corrections in reference to methamphetamines. It creates much, much stiffer penalties for the unlawful manufacture , possession, j delivery or possession with the intent to deliver ! i methamphetamines. This particular bill is extremely important to the State of Illinois in the Chicago area , but also in our area . Senato r Donahue 's district , Senator Clayborne 's district, Senator Luechtefeld's district and my district border the River, and one of the largest methamphetamine manufacturing labs in the world is l the State of Missouri, and they have created mobile units. They have set up laboratories in .-- in vans, come across the river, dispense their wares and go back into Missouri . The -- the penalties have been drastically increased , as well as the monetary fines that would be imposable under this bill under eerta in circumstances. I'd be hippy to answer any questions, Mr. President.
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any -- is there any discussion? If not , the question is r shall House Bill 3170 pass . All those in favor will voke Aye . Opposed w ill vote Nay . The voting is open . Have all voted Who wish? Have a11 voted Who wish? Have a11 voted Who Wish? Take l 1 I 24 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 the record . On that question, there are 57 Ayes , no Nays, none voting Present. And House Bill 3170, having received the required I I constitutional majority, is declared passed. House Bill 3256. Senator Mahar. Senator Mahar. House Bill 3257. Senator Bueler. j i House Bill 3279. Senator Karpiel. Senator Karpiel. House Bill 1 3280. Senator Radogno . House Bill 3292 . Senator Fawell . Madam Secretary , read the bill . ! ACTING SECRETARY HAWKER : ' House Bill 3292. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell. SENATOR FAWELL : ' Thank you very much. This is just a clean-up bill for IDOT. It merely says that -- that when they issue a overweight or ! overwidth permit , that it 's for one piece of machinery that can 't ! be broken down, not two . And it also says that there can be a return permit issued at the same time that an overweight permit is issued . I'd be glad to answer any questions. l i
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 3292 pass. Al1 those in favor will vote Aye. Opposed will 1 vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record . On that question, there are 57 Ayes , no Nays, none voting P resent . I And House Bill 3292, having received the required constitutional majority, is declared passed. On bottom of page 4 of your regular ' ; Calendars, in the Order of House Bills 3rd Reading, is House Bill 3374. Senator Parker. Madam Secretary , read the bill. ACTING SECRETARY HAWKER: 1 House Bill 3374 . 25 STATE OP ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 102nd Legislative Day May 7, 1998 (Secretary reads title of bill) 3rd Reading of the bill. r PRESIDING QFFICER: (SENATOR DUDYCZ) ' j Senator Parker. SENATOR PARKER : Thank you, Mr. President and Members of the Senate. House I Bill 3374 creates a mammogram license plate. The plate would ! ë contain the messaqe ''Mamnograms Save Lives''. All money put into I th ! e Cancer Fund goes inko the Department of Public Hea1th for grants to nonprofit organizations and local health departments for ! provision and p romotion of breast cancer screening and diaqnostic . services . I would answer any questions and ask for your favorable vote . : PRESIDING OFFICER: (SENATOR DUDVCZ) 1 Is there any discussion? If not: the question is , shall House Bill 3374 pass . All those in favor will vote Aye. Opposed will I vote Nay. And the voting is open. Have a11 voted who wish? Have ! all voted who Wish? Have a11 voted who wish? Take the record. On that question , there are 56 Ayes, no Nays, and l voting Present . And House Bill 3374, having received the required constitutional majority, is declared passed. The top of page 5 of your regular Calendars, in the Order of House Bills 3rd Reading, is House Bill i 3463. Senato r Lauzen . Madam Secretary , read the b ill. ACTING SECRETARX HAWKER : ! House Bill 3463 . (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) ! Senator Lauzen. SENATOR LAU ZEN : Thank you , Mr. Cha irman. The Illinois Franchise D isclosure Ack was paased in 1974, twenty-five years agor and prior to the 1 26 STATE OF ILLINOIS 1 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7 , 1998 enactment of federal disclosure requirements. House Bill 3463 , simplifies and reforms the Illinois franchise registration process by removing unnecessary paperwork while preserving remedies available if there is fraud and other disputes. It brings ( Illinois into uniformity with thirty-eight other states and makes franchisin: opportunities more available to Illinois citizens, I . both as franchisees and customers . House Bi11 3463 has the support of the Illinois Chamber, Retail Merchants Association, ' Pekroleum Marketers, Restaurant Association, NFIB and International Franchise Assoclation. And I distribueed approximately thirty letters of support from franchisees and franchisors from across the State. I'd like to express my appreciation to Senators Obamar Jacobs and Tom Walsh for their bipartisan sponsorship of the legislation. This passed the Judiciary Committee 9 to 1 .
PRESIDING QFFICER: (SENATQR DUDYCZ) Is there any discussion? Senator Jacobs.
Yes. Would the Senator yield for some... ! PRESIDING OFFICER ! : (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Jacobs. SENATOR JACOBS : ! For legislative intent, Senator: Why is this legislation needed in Illinois? PRESIDING OFFICER: (SENATOR DUDXCZ) ! Senator Lauzen.
i House Bill 3463 is intended to reduce red tape for companies trying to do business in Illinois . Of the twelve states that still require franchisor: to register with the State, the ! registration and review process in Illinois is widely considered to be the most onerous and time-consuming. This process is no 27 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 longer needed because the FTC p romulgation of its Rules on Franchising in 1979. This bill makes Illinois consistent with the federal rule and the thirty-eight other states that have decided to follow FTC format.
PRESIDING OFFICER: (SENATOR DDDYCZ) Senator Jacobs.
Senator, how will this bill affect business businesses franchising in Illinois for the first time?
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Lauzen.
As they already do, first-time franchisors will be required to file a Uniform Franchise Offering Circular with the Attorney General's Office. The AG IS Office will have twenty-one days to determine whether the UFOC is materially deficient as defined by the DFOC Guidelines published by the North American Securities Administration (sic) (Administrators) Association. The AG#s Office will no longer be able to go beyond the NASSAA (sic) (NASAA) Guidelines. If the UFOC is missing material informatlon that would directly impact a potential franchisee 's decision to invest in the system , the AG IS Office can p revent the franch isor from selling franchises in the State. The review standards are described in General Instruction 260 of the NASAA Guidelines, which calls for a summary rejection of incomplete filings. The purpose of House Bill 3463 is to elim inate the excessive delays and inconsistent and unreasonable reviews that exist today - any - - any review should be limited to gross deficiencies in the UFOC .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.
How would renewals be affected? 28 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1G2nd Legkslative Day May 7, 1998
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Lauzen .
Thank you . As with the current law: House Bill 3463 requires ftanchisors to file a copy of their UFOC with the AG's Office once a year. Like changes that have been made in Michigan and Wisconsin, this would be a filing requirement without any -- without any required review process. However, if a company fails to comply with the requirements of this bill or the UFOC Guidelines published by the NASAA, the State maintains the right to issue a cease and desist order. In addition, House Bk11 3463 in no way changes the tools available to the State or private parties to take civil or criminal actions against fraudulent operators.
PRESIDING OPFICER : (SBNATOR DUDYCZ) Senator Jacobs .
Senator, what lf a material chanqe occurs in the UFOC in the interim ? PRESIDING OFFICERI (SENATOR DUDYCZ) Senato r Lauzen.
Consistent with the FTC Rule, anendMents to the UFOC wi1l need to be filed With the State within ninety days of the occurrence of the event that causes the material change. Làke renewals, amendments would be treated as a mere filing requirement. However, the AG's Office would continue to be able to use all previous Mentioned enforcement tools to prevent companies with material-deficient UFOCS from conducting business in the State.
PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Jacobs .
29 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION , SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 i How would franchisors currently doing business in Illinois be treated in the transition?
PRESIDING OFFICER : (SENATOR DUDYCZ) Senakor Lauzen .
Since everyone currently doing business in Illinois has I already had thelr UFOCS thoroughly examined at least oncep filings made by these franchisors should continue to be treated as renewals/amendments after this bill takes effect.
PRESIDING OFFICER: (SENATOR DUDYCZ) ; senator Jacobs. 1 !
Just one final question. Would the Attorney General's Office continue to review advertising? PRESIDING OFFICER: (SENATOR DUDYCZ) i I Senator Lauzen.
No . PRESIDING OFFICER: (SENATOR DUDYCZ) i Any further discussion? Senator Geo-Karis.
M r. President and Ladies and Gentlemen of the Senate , I think this bill really is a horrible bill, because it affects the rights of the small franchisees. The small franchisees are at the mercy of this bill if it is passed. I might tell you that I have a quotation here from one of my constituents. Quote, ''For over twenty years the Franchise Disclosure Act has kept unscrupulous sellers of franchisees out of the State, and that 's exactly where we Want to keep them p'' End of quote . I might also tell you that the information that the present Franchise Act requires would be elim inated to a great extent, and I -- I might remind you also the State Bar Association is opposed to the bill and rightfully so. 30 STATE OF ILLINOIS 90TH GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 And I talked w ikh the Attorney General 's Office , ko the Attorney General himself, and they 're -- ehey lre neutral on the bill . They didn 't come out in favor of the bill. They 're neutral on it. And there was an inference that -- that they were for it, which is not so . They are neutral on the bill . The State Bar Association had made some suggestions for an amendment to the bill Which Would safeguard the rights of the small franchiseesr the people who buy the White Hen Pantrys, the convenience stores and what have you . Qhose are the small businessmen, and welre going to hurt them if we pass this legislation. This bill is a travesty and injustice of the small franchisees. The big ones have plenty of money to compete, but the small ones are limited. I ask you for a No vote on this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Carroll.
Thank -- thank you, Mr. President, Members of the Senate . Question of the sponsor, if I might.
PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Carroll.
Having just read a little bit about it, it seems that you're saying khat the AG has eertain -- the Attorney General has certain powers to stop an offering of a new franchise if there are materially deficient informations in the filings. However, it doesn't apply to any existing franchisor in the State, who might likewise have given deficient information to a potential franchisee. Why are we not, you know, having the same standard whether it 's a new company comin: in or an existing company that 's trying to rip off the franchisee?
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Lauzen. 31 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998
Thank you, Senator. What I can do is refer back to -- I think that the p rem ise of your understanding at this point in your review may not be accurate, at this point. The Attorney General - - from Judiciary Committee -- several of the Members of Judiciary Committee had asked me then to follow up with the Attorney General 's Office to get clarification of what their neutrality meant . In a document that comes from -- that 's titled ''Attorney General Fact Sheet'' from their offiee , there are two statemenks that I think answer the thrust of what you 're asking and -- and your concern. Because we're all concerned that people are protected within the State of Illinois. Number one, quotez ''The Attorney General is losing no power to issue enforcement orders under Senate (sic) Bill 3463.1' And then later on in the paper, says, quote, ''When compared to the Attorney General's authority to take enforcement actions under the Consumer Fraud Act, the Attorney General has more power under House Bill 3463.''
PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Carroll .
Thank you . Senator Lauzen, I -- I'm sorry, but that doesn 't answer the question. And the question seems -- Illinois is known to have the most protective , to franchisee, law in khe nation. Now, if youlre saying khat for a new company coming in here that's never done business in Illinois, we're empowering the Attorney General to stop them from doing business because of some fraudulent or -- or misleading or -- or insufficient information, but we 're not giving the same protection for a11 of those who are already here -- I don't care if they can go under the Consumer Fraud Act . They can go under, you know y Ehe speed lim its Act , but it has nothing to do Wàth the information they lre required to give and the protection to the investor, the person who 's putting their 32 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 102nd Legislative Day May 7, 1998 1ife savings into it, because it happens to be a franchise that 's Preexisted in Illinois that can suddenly be givinq out either misinformation or insufficient information that the current franchise disclosure laws give certain powers to the Attorney General to stop them from doing. This law seems to take away that enforcement activity. Even if the Attorney General doesn 't care, that ls not who we dre protecting .
PRESIDING OFFICER : (SENATOR DUDXCZ) Senator Lauzen .
Senator Carroll -- well, I would refer you back to the bill itself, and it -- it says that any franchisor, in making any amendment, it's within the standard -- the federal standard of the Uniform Franchise Offerinq Circular, and it says in the bill on page l2, lines 8 through 11 - and this -- this applies to any amendment which covers any existing franchisors in the State, which I think is the concern that you dre addressing - it says, $1(2) that the disclosure statement or any amendment thereto ineludes any false or misleadinq statements of a material fact or omits to state any material fact required to be stated therein or necessary to make the statementls) kherein not misleadingp..'' It's under that description that the Attorney General could stop the franchisor from doing business in Illinois.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Carroll.
Part of the issuer though, dealt with incomplete statements where the AG has power now. And under your proposal , the AG can stop a new franchisor for incomplete statements, and -- but cannot do it for a -- if it's a new franchisor, but cannot do it if it's an existinq franchisor. Why? I mean, why are we doing that;
PRESIDING OFFICER: (SENATOR DUDYCZ) 33 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPQ 102nd Legislative Day May 7, 1998 Senator Lauzen .
Again, I Would have to refer back to -- you know, I -- I Would ! ; love to have the legal background that you do , Senator Carroll . However, my background actually is more as a franchisee, as an accountant. I have to refer back to what the Attorney General, ( himself, and his staff says when it says -- addressing your question, I think, and your concern directly, not avoiding the l ! issue that you 're referring to: because your concern, I believe - if I 'm wrong , correct me - is that you don 't want us to any way diminish the enforcement powers that the Attorney General has. 1 And again, in the Attorney General's statement, the Attorney General is losinq no power to issue enforcement orders under this Senate bill -- or: under this House bill. And then it says, j i again, emphasizing that point, that We 're not putting anyone at ' risk in this House bill, quote , ''When compared to the Attorney General's authority to take enforcement actions under the Consumer I I I Fraud Act, the A ttorney General has more power under House Bill ' 3 463 .''
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Carroll. j i !
I guess, then, my concern is really thisg and maybe it's an answer to Which you dre not aware, because it may not have been raised this way before . My concern is not the Attorney General; it 's the franchisee . And since we 've had the one that 's protected i the citizens of Illinois in investing greater than the federal, to say that they 'll now go under the federal doesn 't p rotect them . We've had better. Obviously, there's things in here that are not ! ! as good for the franchisee, as p rotection , than existing law , or there wouldn 't be the effort to change it . This seems to be one area where they dre saying that -- that while you may have 34 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 protected it against some new company coming into Illinois, youlve dkmintshed the franchisee's rights for an existing franchisor who t - - who has filed something misleading. I don't care that this is -- that the neW version is betker than the Consumer Protection l i i Act, 'cause the existing 1aw is better than this. So We're still taking away, it seems to me, protections of the franchisee, the people of Illinois who are investing in -- you know, I don't want I ! to pick any name, but a small business where theydre putting their savings into some kind of franchise and now have qreat protections in Illinois. And welre saying we want to take away some of those protections, and I don 't see a logical reason for it. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Geo-Karis, for a second time. : SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, I apologize for speaking a second time, but I echo the concerns of Senator Carroll. We are taking away the protections from the small franchiseez and our law: present law, has been the best one in the country . Why do we want to deny the proper p rotection to . the small franchisees? And I can tell you I've had a number of l ; them in my -- in my district that have been -- have had some very horrible situations. I ask you for a No vote on this bill. PRESIDING OFFICER : (SENATOR DUDYCZ) I Any further discussion? If not , Senator Lauzen , to close . ! ! SENATOR LAUZEN : Ladies and Gentlemen' I would just say that the characterization of the franchise 1aW -- disclosure law in Illinois as the best in the country is -- is badly misleading. It l ! i ks recognized as the most cumbersome, slow in the countrye and this is an attempt to correct it . I think that the important benefits of franchising to the people of Illinois come in two 1 I ! major areas: first of all, to the consumers, where you have i 35 i STATE OF ILLINOIS 90TH GENERAL A SSEMBLV REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7 , 1998 consistent quality at low prices, and, number two, to the small ! business owner. I am a franchisee. For the last ten years of my life , I 've sent royalty payments that are twice my mortgaqe payment to the franchisor, and within the last two years, have renewed my -- my contract -- my franchise contract. So I believe that I speak for the small business owner, w ith actual life experience in this area. Ik reduces the risk -- franchising reduces the risk of failing in business. Four out of five who go into business are out of business in five years, from federal statistics. You exchange royalty payments for the accumulated experience of the franchisor. You pay not to make the same mistakes that many others before you have made . Let 's simp lify it, make these opportunities more available to citizens in Illinois .
PRESIDING OFFICER: (SENATOR DUDXCZ) The queselon is, shall House Bill 3463 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have a1l voted who w ish? Take the record . On that question, there are 49 Ayes r 5 Naysr 3 voting Present. And House Bill 3463, having received the required constitutional majority, is declared passed. House Bill 3481. Senator Maitland. Madam Secretary, read the bill.
House Bill 3481 . (Secretary readq title of bill) 3rd Reading of the bill. j
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Maitland. ' I ssxaToa MAITLAND : 1 ! Thank you very much , M r. President , Members of the Senate . The American Council of Education , which is the owner of the GED test that's used nationwide, increased the cost of that test last j 36 ' STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 I i . I year. And in Illinois, we had locked in Statute the price that ' was charged for the taking of that test. Senator O'Danielz last I year, sponsored House joint resolution that created a task force q to study how this issue of inereased cost should be handled, and the recommendation from that task force did suggest, among other things, that instead of the -- instead of the fee being locked into the Statutes, that the State Board of Education be granted the authority, through the rules-makin: process, to set thak -- the fee for that test. And that ds, Mr. President, What House Bill 3481 does. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 3481 pass. All ehose in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayesr no Nays, l votinq Present. House Bill 3481: having received the required conskitutional majoriky, is deelared passed. House Bill 3652. Senator Dillard. Madam Secretary, read the bill. ACT ING SECRETARY HAWKER : House Bill 3652. i (Secretary reads title of bill) 3rd Reading of the bill. ! PRESIDING OFFICER: (SENATOR DUDVCZ) Senato r Dillard . I SENATOR DILLARD : , i Thank you , M r. President, Ladies and Gentlemen of the Senate . This bill amends the Criminal Code by addin: to the lisk of ! aggravaking factors for the imposition of the death penalty the ! fact that the offender was under a domestic violence order of proteckion and ehe viceim was the subjeet of that order of protection. I know of no controversy or opposition, I believe, to 2 I p ' 37 k -. , s . - -. STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 102nd Legislative Day May 7, 1998 this btll. I'd be happy to answer any questions. PRESIDING OFFICER: (SENATOR DUDXCZ) ! Is there any discussion? If not, the question isr shall House Bill 3652 pass. All those in favor Will vote Aye. Opposed will ! vote Nay. The voting is open. Have a1l voted Who wish? Have all voted kho wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, l voking Present. And House Bill 3652, having received the required constitutional majority, is declared passed. House Bill 3710. Senator DeLeo. Senator DeLeo . House Bill 3749 . Senator Watson . House B ill 3793. Senator Fitzgerald. Resolutions Consent Calendar. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, al1 those read in today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?
There have been no objections filed, Mr. President.
PRESIDING OFFICER : (SENATOR DUDVCZ) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. A11 those in favor, say Aye. Opposed, Nay. The -- the motion carries, and the resolutions are adopted . Resolutions. ACTING SECRETARY HAWXER : I 1 Senate Joint Resolution 66 . (Secretary reads SJR No. 66) Filed by Senator Weaver. ! PRESIDING OFFICER : (SENATOR DUDYCZ) i Senator Weaver moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint ! Resolution 66 . A ll those in favor w ill say Aye. Opposed, Nay . The Ayes have it. And the rules are suspended. Now Senator Weaver has moved for the adoption of Senate Joint Resolution 66. 38 STATE OF ILLINOIS 90TH CENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCR IPT 102nd Legislative Day May 7, 1998 A1l those in favor: Say Aye . Opposed , Nay . The Ayes have it . And the resolution is adopted. Chair will remind the Members that notifications of next week's attendance have been corrected. We will be in Session on Tuesday at 4 p om . There wkll be Session on Tuesday. A1l Members are expected to attend. Is there any further business to com e before the Senate? If not, pursuant to the adjournnent resolution, Senator Weaver moves tbe Senate stands adjourned until 4 o 'clock p.m ., Tuesday, May 12th. The Senate stands adjourned. 39 * vr .e' i I REPORT: TIFLDAY STATE 0F ILLINOJS 98/05/13 i PAGE: 001 90TH GENERAL ASSEHBLY 13:k0:2V ! SENATE , DAILY TRANSCRIPTION OF DEBATE I#DEX I Hây O7, 1998 H8 0646 SECOND HEADING - PAGE 12 i HB-1318 SECOND READING PAGE 3 j H8-1368 THIRD READING PAGE 16 i H8-2257 THIRD READING PAGE 17 H8-2295 SECOKD READING PAGE X I H8-2363 SECOND READING PZGE # i H8-2367 THIRD READING PAGE 18 H8-2391 THIRD REZDING PAGE 20 ! BB-2R30 SECOND READING PAGE R ! H8-2446 SECOND READIXG PAGE 5 HB-2V7V SECOKD READING PAGE 5 ' H8-2565 THIRD READING PAGE 19 HB-2614 THIRD READIVG PAGE 21 H8-2630 SECOND HEADING PAGE 6 H8-2671 SECOND READING PAGE 6 H8-2696 SECOND READTNG PAGE 13 H8-2802 SECOND READIXG PAGE 6 H8-2818 SECOND READING PAGE 1 H8-2837 SECOND READING PAGE 8 H8-286% SECOND READING PAGE 8 H8-3026 SEC059 HEADING PAGE 8 HB-30M8 THTRD READING PAGE 21 H8-3063 SECOND READING PAGE 9 H8-3081 SECOND READING PAGE 9 H8-3162 THIRD READING PAGE 22 HB-3170 THIRD READING PAGE 24 H8-3202 SECOND READING PAGE 9 H8-32:9 SECOKD READING PAGE 10 H8-3292 THIRD READING PAGE 25 HB-33R1 SECOND READING PAGE 10 H3-337: THIRD READING PAGE 25 H8-3406 SECOND READING PAGE 10 ' H8-3463 THIRD READING PAGE 26 ! HB-3#81 THIRD READING PAGE 36 HB-349R SECOKD READING PAGE 11 ' H8-3556 SECOND READING PAGE 11 i H8-35T5 SECOHD READING PAGE 13 H3-3579 SECOND READIKG PAGE 11 ' H8-3612 SECOND READING PAGE 12 j H8-3626 SECOND READING PAGE 12 H8-3652 THIRD READING PAGE 37 1 HB-38%R SECOND READING HJR-0058 RESOLBTION OFFERED PAGE PAGE 12 2 I . SJR-0066 ADOPTED PAGE 38 SJR-0066RESOLBTION OFFERED PAGE 38 j SDBJECT HATTER i SENATE T0 ORDER-PRESIDENT PHILIP PAGE 1 ' j PRAYER-THE REVEREND JEFF NELSE# PAGE 1 ' PLEDGE OF ALLEGIANCE PAGE 1 JODRNALS-APPROVED JODRNAL-POSTPONED PAGE PACE 1 1 1 . HO CEM SM SI AT GT EE SEFREMOR OP TT HS EHODSE PAGE PAGE 2 2 1 SENATE STANDS AT EASE/RECONVENES PAGE 15 COXMUNICATIONS FROH THE MINORITY LEADER PAGE 15 RESOLDTIONS CONSENT CALENDAR-ADOPTED PAGE 38 ADJOPRNMENT PAGE 39 1