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 Rita Nafziger, Wesley United Methodist Church, Springfieldr Illinois. Reverend Nafziger.
(Prayer by the Reverend Rita Nafziger)
Please -- remain standing for the Pledge of Allegiance. Senator Sieben .
(Pledge of Allegiance, led by Senator Sieben)
Reading of the Journal. Senator Butler.
Mr. President, I move that reading and approval of the Journal of Tuesday, May l2thr in the year 1998, be postponed, pending arrival of the printed Journal. '
Senator Butler moves to postpone the reading and the approval of the Journaly pending the arrival of the printed transcript. There being no objectionsr so ordered. Messages from the House.
Message from the House by M r. Rossi: Clerk . Mr . President - I am directed to inform the Senate that the House of Representatives has refused Eo concur with the Senate in *he adoption of their amendment of a bill of the following title , to wit : House Bill 3000, with Senate Amendment No . 1. Nonconcurred in by the House, Ma'y 12th, 1998.
PRESIDING OFFICER : (SENATOR MAITLAND) l STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13y 1998 Lad ies and Gentlemen, if I could have your attention . We will be going to the Order of House Bills 3rd Reading, middle of page 2. So, will the Members in their offices please come to the Floor? We obviously don't want anybody voting your switches. i . Senator Burzynski , for what purpose do you arise , sir? I SENATOR BURZYNSKI: E 1 purpose of announcement. ! i PRESIDING OFFICER: (SENATOR MAITLAND) 1 State your announcement. l SENATOR BURZYNSKI: i l Th l ank you, Mr. President. Ladies and Gentlemen of the Senate, ! 1 . I'm very pleased to inform you today that an individual who's important to us on the Republican side of the Senate is celebrating a birthday today. George Beckey 's birthday, who's back here, one of our Doormen, is celebrating a birthday. He wouldn't tell me how many , though .
PRESIDING OFFICER: (SENATOR MAITLAND) George , happy birthday . Thanks for all the service you give to us. Thank you . Thank you . Senator Shadid , for what purpose do you arise, sir? ( SENATOR SHADID : j ! A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR MAITLAND) State your point.
M r. President and fellow Members , it 's a pleasure for mer on behalf of Senator Hawkinson, who is a -- sort of a shy individualz as we a11 know, he's allowed me the privilege of introducing his mother and dad , John and Marilyn Hawkinson , and his aunt and i uncle , Jim and Beverly Hawkinson, who are sitting behind the I President 's Gallery upstairs , to welcome them to Sp ringf ield , on his behalf . Thank you . 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13, 1998
PRESIDING OFFICER: (SENATOR MAITLAND) Mr . and Mrs . Hawkinson , welcome to Springfield , and all your fam ily . Carl, welcome . Thank you . Thank you . Senator Kehoe .
Point of personal privilege, Mr. Chairman.
PRESIDING OFFICER: (SENATOR MAITLAND) State your point, sir .
Thank you . Today is Decatur Day at the State Cap itol, and the Decatur-Macon County Economic Development Foundation is here today . And on behalf of the Foundation, We 'd like to invite a11 the Senators who have not yet received their bag of goodies from the Foundation to -- out in front. There's a bag for every Senator, and popcorn and other gifts. And so, if you get a chance today, come down and visit them on the -- their exhibits, and they really appreciate it. Thank you.
PRESIDING OPFICER : (SENATOR DONAHUE) Senator Bomke, for What purpose do you rise?
Thank you, Madam President. A point of personal privilege.
PRESIDING OFFICER : (SENATOR DONAHUE) Please state your point .
Thank you . I would like to introduce to the Illinois Senate a eighth-grade class from Trinity Lutheran School. Teacher, Russ Benning. They just walked in. They're -- theydre just piling in right now behind the Chamber.
PRESIDING OFFICER : (SENATOR DONAHUE) Will you all please rise and be recognized by the Illinois Senate? And kind of wave at us so we know youlre coming in. Welcome to Springfield. On page 2, about middle of the page, are House Bills 3rd Reading . I will like to remind *he leader 3 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3 , 1998 or, the Membership that Friday is the deadline for House b ills on 3rd Reading . So I would encourage all of you to call your bills today, and if your bills are on 2nd, to make sure that you get your amendments filed . 3rd Readinq is the deadline, Friday. First would be Senator -- excuse me. Senator Demuzior for what purpose do you seek recognition?
Thank you, Madam President. Like the record to reflect that Senator Shaw will not be here'yesterday, today and tomorrow, due to personal business.
PRESIDING OFFICER: (SENATOR DONAHUE) Senate record will so reflect . Senator Klemm , for what purpose do you seek recognition?
Well, just for a brief moment of introduction. Would that be appropriate?
PRESIDING OFFICER: (SENATOR DONAHUE) Please proceed.
I want to introduce my Page for the Day , Chris G raham . He 's with me today . His father is up in the balcony , David Graham . They lre from Crystal Lake . Chris has worked w ith N ISRA and a number of other activities. So I wish you'd give him a warm welcome , if you would . Thank you .
PRESIDING OFFICER: (SENATOR DONAHUE) Will you please rise and be recognized? Welcome . How are you , hon? Senator Philip , on House Bill 349. Read the bill, Madam -- Mr . Secretary .
House Bill 349 . (Secretary reads title of bill) 3rd Reading of the bill . 4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leqislative Day May 13, 1998
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip .
' Thank you, Madam President, Ladies and Gentlemen of the Senate. House Bill 349 amends the Water Well and Pump Installation Contractor's Licensing (sicl (License) Act. Thatls a mouthful. Waivers certain licensing requirements for a person already licensed under the Act Plumbing License Law. Requires the Water Well and Pump Installers (sic) (Installation) Contzactors Licensing Board to consider zecommendations of the Illinois Association of Groundwater Professional regarding appointments to the Board . Provides applicants for renewal licenses must fulfill certain continuinq education requirements. This does include the plumbers. I've been led to believe there is no opposition to this. Both sides have signed off. 1111 be happy to answer any questions .
PRESIDING OFFICER : (SENATOR DONAHUE) Is there any d iscussion? Is there any discussion? Seeing none , the question is , shall House Bill 349 pass . Those in favor will vote Aye. Opposed, Nay. And 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 58 Ayese no Nays, none voting Present. House Bill 349, having received the required constitutional majority, is deelared passed. Senator Demuzio, for what purpose do you seek recognition?
Well, just an announcement. It's my understanding also today that we are -- have another birthday person. Linda Hawker's celebrating her birthday also, and... Twenty-nine. Twenty-nine today.
PRESIDING OFFICER: (SENATOR DONAHUE) Happy birthday, Linda. If I could have your attention just a 5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 minute. Wedre getting a little noisyp There 's a 1ot of conversations qoing on on the Floor. There's a lot of notse in the gallery , as well as on the sides of the Chamber . So , will the Senators please be in their seats? W ill the -- staff take your conferences off the Floor? Keep your conversation low. Please. Next Will be Senator Maitland, on Senate B1ll -- House Bill 646. Out of the record. Senator Syverson, on House Bill 705. Read the bill, Mr. Secretary.
House Bill 705 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.
Thank you, Madam President. House Bill 705 is the bill that creates the Children's Health Insurance Program, which implements the Title XXI of the Social Security Act. This is a neW progran which comes on the heels of about four months of negotiating, and I would like to say, at 'the beginning, we appreciate the work that Senator T rotter and Senator Smith did on Ehis program . The Governor put a task force together at the fkrst of the year made up of House and Senate Membero and a number of orqanizations that deal with children's health insurance, and we have spent the last four to five months working on a program that will expand health insurance to children in Illinois. If I can just cover some of the highlights of this legislation and then open up for questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson, just a second, before you begin. As I indicated, would the staff please take your conversations off the Floor? Senators be in your seats. And if I could ask the side 6 STATE OF ILLINOIS 90TH GENEM L ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May 13y 1998 door guardsmen if you would tell the people on the outside of the Chamber to keep your voices down, 'cause that 's Where I can hear noise . Please give your attention to Senator Syverson . This is a very important piece . Senator Syverson .
Thank you : Madam President . Thls legislation represents Illinois 1 second phase to children 1s health insurance . The initial phase r which was implemented January l by the Governor , expanded the Medicaid program to individuals -- t6 children from one hundred percent to a hundred and thirty-three percent of poverty level. This program will now raise that threshold from a hundred and thirty-three percent to one hundred and eiqhty-five percent . This program is designed to give families a choice . Unlike other states that have implemented this program before us , Illinois is unique and Illinois is different and we '11 be the leader in this program, and we '11 be gtving families a choice . They '11 have a choice ofr first, a Nedicaid look-alike program which will be called Kid Care , or, secondz an option to go into a equity subsidization program with their current employer's health care plan . 80th of these components are linked together, from a funding standpoint . This p rogram is desiqned to mirror and build on the private sector. This program involves premiums and co-pays. There is cost-sharing in this program, so whether you 're in the Kid Care component or in the equity component, there is cost-sharing involved . There f11 be a premium structure - initially , f if teen dollars for the f irst child , ten dollars for a second and f1ve for subsequents : a maximum of thirty dollars a month per family for the cost of this program. This is the same cost that you Would pay on the Kid Care or, most likely, in the equity portion as well. There is co-pays involved in this proqram as well. When there is an encounter with a -- a hospital, a doctor , a dentist , there is going to be a -- a five-dollar co-pay 7 i STATE OF ILLINOIS , 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3, 1998 for each encounter. This co-pay is in addition to the current rate that is paid under the Medicaid limits. I think that covers the highlights. 1 '11 be happy to answer questions that you would have on this . PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Trotter. I I SENATOR TROTTER : l Thank you very much, Madam President. Members'of the Senate, I proudly stand in support of this legislation. As pointed out by Senator Syverson, this is a very comprehensive piece of I legislation that does what we think that our taxpayer dollars i should do , and that is, help the citizens of this State at -- at ( its maximum degree. The great thing about this bill -- and -- and like every bill and -- a negotiated bill, you don't get everything you want. But the great thing about this bill is that we have I allowed ourselves a six-month opportunity to actually look at this ! i ! program and revisit it and make those necessary changes . And then ( from that six months, we have also included an additional six months. In a year, we also will take that -- that jaundiced look at this bill and -- and cut out those things that aren 't working and also try to reenforce those things that are working. It's a great piece of legislationr and I encourage everyone here to support it. PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Senator Rauschenberger. I 1 SENATOR RAUSCHENBERGER : i i Thank youy Madam President, Ladies and Gentlemen of the Senate. I want to rise to make just a couple of comments about this bill and then ask the sponsor a couple of questions . First of all, I think Senator Trotter and Senator Syverson are to be congratulated again, following -- following last year's work, together with the -- the current Presiding Officer, in their work 8 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 on -- on the child care bill, which broadened and changed the Way we deliver child care for people in the State of Illinois. It -- that bill has become kind of a national model. Wedve been asked, on many occasions, by other states to take a look at what we eve done in the child care arena, and I think this bill follows that tradition of compromise and hard work. We're the first State in the nation ko deal with the equity issue and -- and fairness to all kids, and I just Want to compliment the -- the Members who worked very hard on this. But a couple of questions to the bill. Senator Syverson, are Phase 11 managed care companies required to serve both the Medicaid and the Medicaid look-alike populations with this bill?
PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Syverson .
Xes . The task force has agreed that all Phase 11 providers , including managed care entities , should also be required to serve regular Medicaid population as well.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.
Thank you, Senator. Who -- Who has access to Xid Care?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson .
Under the -- the federal law, the way it was passed, the access is to children who are uninsured. So this portion of the population that currently does not have insurance will move into the Kid Care portion. Those that do have current coverage would fall under the equity piece . Senator Rauschenberger.
Can -- can a child who has insurance apply for Kid Care? 9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3p 1998
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson .
No , they can dt . Again, unfortunately , the way our Cong ress and this President drafted this legislation, it was set up to punish those who were responsible and purchased insurance. So what is done is, to qualify for Kid Care, you need to be uninsured . But that 's why we 've added the component that no other state has done , which is the equity piece . So those individuals that have insurance under their employer-based plans will qualify under the equity portion of the coverage and will get assistance.
PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Rauschenberger.
I just would like to say I think youdve done a wonderful job. I know staff has worked exceptionally hard. Youdre -- youdre very lucky to have a stafferr Senator Syverson, thak makes you look good not only on this legislation, but on child care as well. And we really appreciate the hard work, and I urge people to vote for this.
PRESIDING OPPICER: (SENATOR DONAHUE) Further discussion? Senator del Valle . SENATOR dEL VALLE : Thank you , Madam President . I also Want to compliment the sponsor and -- and al1 of those who have worked very hard on this. It's -- it's a wonderful piece of legislation. I do have a couple of concerns that I'd like to express for the record. One is the immiqrant children who are not eligible and yet are legal imm igrants and are in need of -- of services . And the other concern is: How are we going to dissem inate the information about the programs so that we can make sure that there's maximum utilization? I1m not too sure what's in the bill to ensure that 10 STATE OP ILLINOIS 90TH GENBRAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3, 1998 adequate outreach is done. So, Senator, I hope, We 'll be able to address those issues as we move along.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Radogno.
Thank you . I have a few questions of the sponsor on this .
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Radogno.
Thank you . First off , could you tell me what types of providers will be authorized under the Medicaid look-alike?
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Syverson .
These need to be Medicaid providers.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Radoqno .
Thank you . And then , what requirements will be placed on employer plans?
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Syverson .
In order to provide and ensure quality, plans must provide comprehensive major medical coverage consisting of physician and hospital inpatient services to provide the maximum flexibility to families . The plans do not have to meet federal benchmark standards or other cost-sharing provisions required under the federal law . So we 've left this open to make it easier for more people to have access to it.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Radogno. 11 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 SENATOR RADOGNO : Finally, this program has a significant federal funding component. What happens if that federal funding dries up? PRESIDING OFFICER: (SENATOR DONAHUE) 1 Senator Syverson. SENATOR SXVERSON : Thank you, Senator. Very good question, especially in light of what we have been getting from the federal government in the past, where they introduce programs that sound qreat and then quit funding those programs. We have had to, because of thè cost of this program, put language in the legislation that makes it very clear if the federal government pulls out of this program or ceases to fund this program, this program will terminate immediately. We think it's important that if the federal government starts a program , that they need to continue to fund it. So if this program is terminated, itlll be because of the fact the federal government has chosen to pull out of this program . PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Halvorson. SENATOR HALVORSON : Thank you, Madam President. I have a question of the sponsor. PRESIDING OFFICER: (SENATOR DONAHUE) Indicates helll yield, Senator Halvorson. SENATOR HALVORSON : Senator del Valle mentioned the outreach and -- and that there should be some. I Was just curious: Are there dollars allocated for outreach: and hoW much? PRESIDING OPFICER: (SENATOR DONAHUE) Senator Syverson . SENATOR SVVERSON : The -- the federal law says we can spend up to ten percent for 12 l STATE OF ILLINOIS I 90TH GENERAL ASSEMBLV REGULAR SESSION ' SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 ! outreach programs. We have not put anything specific in this ! legislation but have left that up to the Department. The ! Department has assured us, under Direetor Joan Walters, that there p are a number of programs that they plan on doing to implement ways I ko educate and inform the public about the programs that are out 1 . there, with -- with brochures, advertising, public service 1 announcements, working with Department of Human Services, schools, ! the free lunch program, as well as many other outreaeh programs. ! So we -- we hope that the Department will come back to this Body ! ! and give us a game plan of What they plan to do over the next six nonths in getting the message out about this program , how to sign up for this program and how the program works.
PRESIDING OFFICER: (SENATOR DONAHDE) Further discussion? Senator Geo-Karis.
W ill the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indica tes he dll yieldz Senakor Geo-Karis . ;
Is it my understanding that chlldren of immigrants who were i here from -- prior to 1996 of August will be covered? ' PRESIDING OFFICER: (SENATOR DONAHUE) I ! Senator Syverson. ! SENATOR SXVERSON : j That is correct. 1 PRESIDING OFFICER : (SENATOR DONAHUE) i Senator Geo-Karis. ! SENATOR GEO-KARIS: E Madam President,Ladies and Gentlemen of the Senate, I think 1 ' this bill is a step in the rightdirection. Ifwecanhelp ' j children who dve been underprivileged, lok-income children, to have coveraqe -- insurance coverage, so to speak, I think it's -- it's 13 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day May l3, 1998 wonderful. And I'm happy to congratulate the sponsors of this bill for the hard work they put in and takin: a partieular -- particular interest in helping children who have been unfortunate, and I certainly support the bill.
PRESIDING OPFICER: (SENATOR DONAHUE) Further d iscussion? Senator Collins .
Question of the sponsor.
PRESIDING OPFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Collins.
Senator, Would Illinois jeopardize their support for -- from the federal government if they include those children who are legal immigrants that have not been here five years?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson .
Senator, there's not a jeopardy, bue it would be total State funding - it would be total GRF - that we would be using and would not be receiving a match for khat.
PRESIDING OPFICER: (SENATOR DONAHDE) Senator Collins .
8ut -- but we would not be penalized. We would just be picking up those children ourselves here in the State of Illinois?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson .
That is correct.
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Collins.
14 1 STATE OP ILLINOIS I 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 . o . syverson, what happens right now if a ehild end up in, let's say, Cook County Hospital? Let's say they were legal immigrants and they lived in the City of Chicago. Would not that child be treated at Cook Counky Hospital right now?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson .
More than likely, they would be, yes.
PRESIDING OPEICER : (SENATOR DONAHUE) Senator Collins.
So, in reality, Senator, wedre really not saving any money on tbe treatment of those children who are in this country legally but have not been here - because their parents have not been here - for the five-year period . They can still go to and be served at a public -- public hospital where taxpayers will still pay the money . I think this is a good billz to the bill. I think it 's a great beginning, Senators, and I think we had an opportunity to make our program unique than other stakes and I think we didz to - - to some extent. But I think we should have and we have a moral responsibility to cover all children. This country have done and provided humanitary aid, I think, to foreign countries around the glober and there is no reason - no reason - why we should not include these chtldren in this insurance plan, because it is *he human thing to do. We have to pay i*, and I think we could save money by includinq them into an insurance -- the insurance plans, because wefre goinq ko have to spend the money one way or another. It's so important that we understand that we're not savin: anythin: by not doing it. So why not be unique and include them? How much money are we talkinq abouty additionaly to -- to provide the insurance coverage: and would that amount be less than what we will pay when those kids end up into emergency rooms across the 15 1 . ' j STATE OF ILLINQIS I 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13, 1998 ! state and to our hospitals that are paid for by local units of I government? What 's the difference in -- in the amount of money 1 we lre talking about? ' PRESIDING OFFICER: (SENATOR DONAHUE) Is ehat a question, Senator? SENATOR COLLINS : Yeah. I'm sayingz how much more... PRESIDING OFFICER: (SENATOR DONAHDE) Senator Syverson . SENATOR COLLINS : . . . how much ... PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson . SENATOR SVVERSON : We don't know what that cost is. Those discussions are still ongoing. You certainly raise a -- a good point and a point that was raised throughout this process. That discussion is still going and is really more appropriations-driven right now, and we have noe said that this -- this population will not be served, but that is currently being discussed. This is a working population. When these individuals go in to see a doctor or go into the hospital, in many cases these individuals will skill work to pay that cost. , This is not a -- a Medicaid population. So what happens with many ! of these individuals is they just end up making payments because I they don't have and cannot afford actual insurance. Sor there is 1 l 1 some cost-sharing involved in that. What it would cost to cover I thi I s population, we don't really know. But againr it's something I that -- it is being looked at, and it is beinq discussed as we speak today. 1 . PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins. 1 SENATOR COLLINS : 16 k ! 1 . STATE 0F ILLINOIS I 90TH GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT E I 104th Legislative Day Xay l3; 1998 I I So that in the process of -- of puttinq together this bill, no I I one actually took a survey of the number of children *ho were I legal immigranes and were already in the -- had not served -- had l been here the five-year period. So We don't know how many children out there that's not bein: served? PRESIDING OFEICER: (SENATOR DONAHUE) Senator Syverson. SENATOR SYVERSON ) Thatls correct. We don't know hoW many children are going to be served. One of the frustraeing things throughout this whole program was trying to get a -- a -- an idea of how many childreny whether they dre the immigrant, non-immiqrant, downstate, upstate. We don 'e know. One of the things that wedve agreed to do under this proposal was to have a detailed study done to find out who they arez where they are, what the need isr so we can tailor the plan. As Senator Trotter said, we can tailor this plan and make chanqes in this plan over the next six monehs so we can react to what ehe true needs are of the children of thls State. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Trottere for what purpose do you seek recoqnition? SENATOR TROTTER ! : ! If -- if I could just give some more elarity... I 1 PRESIDING OFFICER: (SENATOR DONAHUE) I Oh: okay. Then it's for a second time. I didn't know if you I were -- a11 right. SENATOR TROTTER : yes. This is the second time now. j PRESIDING OFFICER: (SENATOR DONAHUE) 1 Sena tor Trotter. 1 SENATOR TROTTER : Just -- as pointed oue, this is a great partnership that we I 17 I STATE OF ILLINOIS 90TH GCNERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 ! have going on with the federal 'government and they have given us this opportunity and -- to make these changes . So this is nok 1 ' something that -- that is cut-and-dried. As pointed out for the j third time, we are going to be lookin: at this again in six monthe j ! and make all those necessary changes and we dll not be penalized on ! the federal end, which is normally what happens: The feds give us l ! dollars, and khey give us all these rules and this is the *ay . things must be done. They didn't make that kind of mandate here. ' ! They have given the states - our State - a lot of flexibility and we intend to utilize that.
PRESIDING OFFICCR : (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none, Senator Syverson, to close .
Thank you . We have a unique opportunity here. We are *he first state in the country that has taken a program and satd we are going to treat al1 children in this State equally. We are not : ! going to punish those ehildren whose families or whose employers I made khe tough financlal decision to purchase insurance for their ! I children . We will treat al1 of them equally - aqain, whlch no 1 other state has done. We are helping those families that don't ! ! have the opportunity, khat are workin: hard, that don 't have the j money to cover the full cost of insurance. yet, we understand 1 I that -- that there is a responsibility here, and so thatls Why 1 we've butlk in premiums and co-payments into this programz since that is someehing tha: everyone else in Illinois has to be involved in. That's what makes thi: program unique and makes this program qood. It has had biparkisan support througho'ut, and againp I want to say khank you to Senator Smith and Senator Trotter for the many, many hours of work put into this. And I Would ask for a favorable roll call .
PRESIDING OPFICER: (SENATOR DONAHUE) 1 18 STATE OP ILLINOIS 1 90TH GENERAL ASSEMBLX . REGULAR SESSION SENATE TRANSCR IPT 104th Eegislative Day May l3r 1998 j i I The question is, shall House Bill 705 pass. Those in favor I I will vote Aye. Opposed, Nay . And the voting is open. Have all I I voted who wish? Have al1 voted Who Wish? Have a1l voted Who I wish? Take the record. On that question, there are 58 Ayes, no ' ! Nays: none voting Present. House Bill 705, having received the I required eonstitutional majority, is declared passed. Senator Cullerton, on House Bill 1151. Out of the record. Senator Sieben, on House Bill 1217. Senator Sieben? Out of the record. Senator Geo-Karis, on House Bill 1318. Read the bill, Mr. Secretary .
House Bill 1318 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONASUE) Senator Geo-Karis.
Madam Secretary -- Madam President, rather, and Ladies and Gentlemen of the Senate, this is a simple bill that is asking for : a study for the aging veterans to study the State 's capability to provide health care for -- for veterans. And I certainly reeommend ' l its passage. I I PRESIDING OFPICER: (SENATOR DONAHUE) I Is there any discussion? Is there any discussion? Seeing I I none, the question is: shall House Bill 1318 pass. Those in favor I will vote Aye. Opposedz Nay. And *he voting is open. Have al1 voted who wish? Have all voted who wish? Have all voted Who w ish? Qake the record . On that question , there are 57 Ayes , no Nays, none voting Presenk. House Bill 1318, having received the required constitutional majorityr is declared passed. Senakor Hawkinson, on House Bill 1422. Out of the record . Senator Madigan, on House Bill 1552. Out of the record. Senator Croninr I 1 19 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3, 1998 I on House Bill 1640. Out of the record . Senator Croninr on House 1 1 Bill 1685. Out of the record. Senator Maitland. House 3il1 I 2295. Out of the record. Senator Mahar, on House Bill 2306. Out l I of ehe record. Senator Peterson, on House Bll1 2363. Out of the I 1 record. senator Parker, on House Bill 2370. Read the bill, Mr. I Secretary . I ! SECRETARX NANRï : ! (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker.
Thank you, Madam President and Members of the Senate. House Bill 2370 is basically the same as We had passed through the ! Senate before without anybody beinq against it. It's the identical Senate (sic) Bill to 1591 except for a new effective ' , date, and that date is July 1, 1998, six months earlier than the ! Senate Bill of 1591. I'd like to take this opportunity to clarify ' ! some remarks that I made on April lst during the Floor debate on l 1 Senate Bill 1591. Those remarks have been interpreted to Mean j that RFA (sic) (RFRA) does not apply to the civil rights lawsp I I speeifically the Illinois Human Rights Act, and that these laws 1 I necessarily constitute a compelling governmental interest. It is j I true the RFA is nok intended to grant religious individuals or j organizations an automatic exemption from any particular 1aw or to I restrict the power of qovernments to legislate in any given area of law. However, no area of lav - including public health and safety, civil rights, educatlon, and any others - is exempt from the standard that RFA establishes. Again, no Statute neeessarily constitutes a compelling governmental interest. As Section l0(b)(l) statesr RFA simply restores a standard of review to be 1 I 20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislakive Day May l3e 1998 applied to al1 State and local laws and ordinances in all cases in which the free exercise of religion is substantially burdened . Although this standard is stringent, it is not intended to be impossible to satisfy . The qovernment will win RFA cases whenever it has chosen the leask restrictive means of furthering a compelling government interest. By way of example only, courts in certain circumstances have found fire, public health and safety r civil rightsr child welfare, and other laws as meeting the compelling government interest test. However, the existence of these cases does not foreclose successful RFA claims in these areas; rather, they simply demonstrate that it is open to the State to approve (sie) (prove) its case in any context where a claim is raised. The oukcome of future cases w11l thus depend on any objective assessment of the specific facts 6f each case. This should correct any misunderstanding created by my remarks April lst that suggested civil rights, such as Human Rights Act or other lawsr stand wholly outside of RFA or khat such laws automatically conskikuke a compelling government interest. I will answer any questions and ask for a favorable voke.
PRESIDING OFPICER : (SENATOR DONAHUE) Is there discussàon? Senator Hawkinson.
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates shelll yield. Just a Necond, Senator Parker. Senate -- Senator Parker .
No .
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Eawkinson.
Thank -- thank you , Madam Plesident . Senator r 1et me ask you 21 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 a few questions about fhe statement that you've just made. And I understand: I believe, your statement that if RFRA is -- is i raised, it can be raised aqainst any Statute and then the governmental body can raise a compelling interest and , there s a balancing test that -- that goes on. But if a city has a zoning ordinanee which eould stop a church from operating a homeless shelter or a soup kitchen, could the church raise RFRA in that circumstance? PRESIDING OFFICER: (SENATOR DONAHPE) Senator Parker . SENATOR PARKER : . Yes, it could. RFA applies to al1 Statutes and ordinances, including zoning and use ordinances, in all cases Where a person 's or, in this case, church's freedom of religion is substantially burdened. In your example, the city would have to show a compelling interest for a zoning ordinance and that ordinance is the least restrictive means of furthering its compelling government interest. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson . SENATOR HAWKINSON : And let's assume that an otherwise qualified female is denled employment as a Roman Catholic priest simply on the basis that she is a woman. Would RFRA be applicable in that kind of situation? PRESIDING OFFICER: (SENATOR DONAHUE) senator Parker. SENATOR PARKER : Yes , it would . No area of law , including human rights laws e is exempt from the standard that RFA establishes. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson . SENATOR HAWKINSON : 22 i STATE Or ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 104th Legislative Day May l3, 1998 If a county coroner w ishes to perform an autopsy on a Hmong individual over a family's religious objections, could that family assert a claim to be analyzed under RFRA? l PRESIDING OFFICER: (SENATOR'DONAHUE) I Senator Parker. 1 !
! Yes, it can. RFA applies to all circumstances, including health and safety laws .
PRESIDING OFFICER : (SENATQR DONAHUE) Senator Hawkinson.
Now, let's assume that a city would fire a public employee who 's a Sevenkh-Day Advent1st because she refuses to work on a Saturday, her Sabbath. Could the State employee argue that RFRA applies? PRESIDING OFFICER : (SENATOR DONAHUE) 5 Senator Parker . l
' Absolutely RFA Would apply, and it would be up to the ! government to show that its action was the least restrictive means I of furthering a compelling government interest. PRESIDING OFPICER : (SENATOR DONAHUE) ! Senator Hawkinson. ! SENATOR HAWKINSON : ' And finally, Senator, are there any areas of law which ! automatically are exempt from RFRA because they are a compelling ! State interest? ! PRESIDING OFFICERJ (SENATOR DONASUE) Senator Parker. ! SENATOR PARKER: I ; No . Depending upon the facts of various cases , court may conclude that there is or there is not a compelling State 23 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3: 1998 interest. Even in those cases in which a court will find a compelling State interest, a court may conclude that the method chosen by the State or local government is nok the least restrictive method of furthering its compelling governmental interest. A11 cases depend upon the facts and Will be for the judges to decide.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson .
Thank you , Madam President . Thank you , Senato r Parker. I have no further questions, and I urge your strong support of House Bill 2370 .
PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Senator Collins .
Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she'll yield, Senator Collins.
Senator Parkery if my Catholic daughter got pregnant and wanted to have an abortion, even though she 's Catholic and -- and the family is Catholic, wentito a -- an abortion clinic and she Was twelve years old - let's say twelve years old - would this bill apply? Would -- would I have legal standings in the courts after I found that she had had that abortion, because I'm Catholic?
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Parker .
On abortion, this is neutral, and bill -- the bill applies, of course, to -- to Statutes: but it 's up to the court to decide. We are not deciding any outcomes, and basically that is up to the 24 i STATE QF ILLINOIS 90TH GENERAL ASSEMBLX 1 ' REGULAR SESSIQN SENATE TRANSCRIPT 104th Legislative Day May 13r 1998 judges to determine. But the bill is abortion-neutral. i !
PRESIDING QFFICER: (SENATQR DQNAHUE) Senator Collins. SENATOR COLLINS : I But are you saylng that it will give me, as a parent, legal ! 1 standings in the court, even though it Would have to be ' ! adjudicated by the court? . PRESIDING QFFICER: (SENATQR DONAHUE) l Senator Parker . :
No , it doesn lt . !
PRESIDING OFFICER: (SSNATOR DONAHDE) Senator Collins. Purther discussion? Senator Fawell.
Th 2 ank you very much. Will the sponsor yield for a question? PRCSIDING OFFICER: (SENATQR DONAHUE) ! Indicates shelll yield: Senator Fawell. I SENATOR FAWELL: j Senator, I have received a number of letters from my municipalities who have some concerns about these -- this bill. One of their concerns is, ts the zonin: portion that they feel I might be in jeopardy -- their zoning ability might be in jeopardy I 2 with this bill. For instance: they have qot a couple of ehurehes in their municipaltty who want to expand their parking 1ot and they have denied the expansion of the parking lot: and one church also wanted to expand the building , the church buildinq itself, and then a parking lot. Would this bill allow those churches to go ahead and -- and expand or build their parking lots, regardless of whether the zoning was detrimental to the rest of the neighborhood or that the city council had decided that this was not a qood use for the land? PRESIDINGOFFICER: (SENATORDQNAHUE) 1 25 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day ' May l3r 1998 Senator Parker .
They can raise a claim 1 , just like they could do, but the court t actually makes tbat outcome. And I vant to stress, because there I ! have been several questions: Remember that, up until recently, j ( State and local governments have had to follow the same standards I of RFA as we are proposing here. This has been done for decades. I If State or local governments had a problem, we would have heard 1 about khese problems. It has been working effectively. RFA does ! i not limit local government powers to regulate for health, Welfare, ! zoning and other governmental purposes and responsibilities. What i it does is offer an opportunity for government to have to prove I compelling interest. We dre founded on our religious freedom. All ! it says is the qovernment, as ik had to in the pastr has to prove ! eompelling interest and use the least restrictive means if they I are to infringe upon our reliqious beliefs. PRESIDING OFFICER i : (SENATOR DONAHUE) : Further discussion? Further discussion? Seeing none, Senator Parker, to close .
The Religious Freedom Restoration Act protects the religious j freedom of the citizens of Illinois. I would ask for an Aye vote.
PRESIDING OFFICER : (SENATOR DONAHUE) The question isz shall House Bill 2370 pass. Those in favor will vote Aye. Opposed, Nay . And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who Wish? Take the -- take the record. 0n that question, there are 56 Ayes, no Nays, none voting Present. House Bill 2370, having received the required constltutional majorltyr is declared passed. Senator Bomke: for what purpose do you rise?
Thank you : Madam Presidenk. Point of personal privileqe . 26 STATE OF ILLINOIS 1 90TH GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSQRIPT 104th Legislative Day May l3, 1998
PRESIDING OFPICER: (SENATOR DONAHDE) Please skate your point.
Thank you. I would like to introduce to the Illinois Senate two school dlstricts. We have directly behind the President, Trinity Lutheran School eighkh graders, teacher Russell Benning; ' I ! and also, we have St. Joseph School eighth graders, teacher Ethel I Wolken. I PRESIDING OFPICER I : (SENATOR DONAHUE) I Will you a1l please rise and be recognized by the Illinois Senate? Welcome to Springfield. Senator O'Malley, on House Bill 2375. Read khe bill, Mr. Secretary. I !
House Bill 2375. I i (Secretary reads title of bill) 3rd Reading of Ehe bill. PRESIDING OFPICER: (SENATOR DONAHUE) j Senator O 'Malley. SENATOR O 'MALLEY : . Thank you , Madam President and Ladies and Gentlemen of the Senate. House Bill 2375 amends the Chieago Park District Act to 1 change procedures in regard to acquisition and use of real estate. The language that is offered is identical to the language for powers given to downstate park districts currently. It gives the district commissioners authority to acquire by lease or permit khe right to occupy and use real -- real estate lands and riparian estates and to improve, maintain and equip those lands. Also authorizes the distriet the power to grant licenses, easements, and rlghts-of-way to munieipalities, corporations, for construction, operation, and maintenance of facilities on, under, or across district property for water, sewer, telephone , electrieityr qas, and other public services. Finally, it 27 STATE OF ILLINOIS 1 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13p 1998 authorizes the district commissioners to enter into leases for a i I period not ko exceed five years. I'd be happy to answer any ë questions there may be . !
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 2375 pass. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record . On that question, there are 57 Ayes r no Nays, none voting Present. House Bill 2375, having received the required constitutional majorityr is declared passed. Senator Myers, for what purpose do you rise?
Madam President, it appears that my vote was nok registered on 2370. I Would like to record that I would have voted Yes, please.
PRESIDING OFFICER: (SENATOR DONAHUE) The electronic record will so reflect . Senator Dudycz: on House B ill 2400. Senator Dudycz . Read the billz M r. Secretary .
House Bill 2400. I (Secretary reads title of bill) r E 3rd Reading of the bill . ! PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Dudycz. I SCWAPCR DUDYCZ I ! Th 1 ank you, Madam President. House Bill 2400 amends the Crlminal Code to modlfy definltion of 'lpeace offlcern to include ' persons summoned by peace officers or active participants in a I ! community policing program . The bill was amended, gutting -- or, , providing a definition of ''community policing volunteer'' to ! include either a person summoned or directed by a police officer, I i as well as any person actively participating in a community i 28 -j STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 . policing program developed under khe auspiees of a law enforcement I aqency. There is a limitation that the person would be engaged in lawful conduct intended to assist a unlt of government in E enforcing criminal or civil laws. The amended bill would create a separate aggravating factor for death penalty eliqibility for murdering a person by reason of a community policing volunteer's participation. This means that if a murdered individual is a family member of a volunteer and killed because of that individual I j orthatcommunitypolicingperson'sactivities, the murderer ts subject to death penalty provisions. And in addition, community policing volunteers are given special protection under khe following offenses: aggravated assault from a Class A misdemeanor if no firearm is used and a Class 4 felony if one is used; aggravated battery to a Class 3 felony - currently it would be a -- a Class A misdemeanor; aggravated battery wikh a firearm is a -- would be a Class X felony punishable by a prison sentence of fifteen to sixty years in prison, where currently a sentence would be six to thirty years; aggravaked intimidation would be a Class 2 felony punishable by a prison sentence of three to fourteen years - currently intimidation ko threaten someone to perform or not perform some act is only a Class 3 felony; and aggravated discharge would be a Class X felony punishable by a prison sentence of ten to forty-five years, where currently shooting in the direction of someone is a Class l felony. And 1111 be more than happy to answer any questions, if I may. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Hawkinson. SENATOR HAWKINSON I Thank you , Madam President . Will the sponsor yield? PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he dll yield, Senator Eawkinson. SENATOR HAWKINSON : 29 STATE OF ILLINOIS ' ! 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Leqislative Day May l3, 1998 Senator, I support your bill, bu* as you know, we had a rather , len9thy discussion in committee, and I think there 's skill some ' unresolved questions. And perhaps theylre beyond the scope of the I bill, but I think to -- to make certain thak if this bill is ! challenged , as it undoubtedly will be on the appllcation of the 1 death penalty at some stage in the future, we want to make sure that the class of persons and the reasons We're defininq the class of persons are -- are clearly identifiable. So, I -- I guess I would ask, as I did in commieeee, how do we identify individuals as community police persons?
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Dudycz.
Are you talking about, Senator, the list of the people who are community policing nembers?
PRESIDING OFFICER: (SENATOR DONAHDE) Senator Hawkinson . ! SENATOR HAWKINSON : ! If a person is the victim of a crime, how does the State ! prove, for purposes of enhancement of the penalty or the 1 applicability of the death penalty, that the vlctim of the crime 1 was a person engaged tn communiky policing?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.
Well , staff inform s ne that -- that ehere would be a -- a 1 numberof factors involved in theiractivity,butthere isalso -- 1 i would be a listkeptwithinthatlawenforcementagencyofthat 1 ' individualbeingthecomnunitypolicingperson. 1 PRESIDINGOFFICER: (SENATORDONAHUE) . j SenatorHawkinson. 1 SENATORHAWKINSON: 1 ! . 1 30 . STATE 0F ILLINOIS ! 90TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 ! Will that list be updated to add as well as subtract persons who are no longer active in community policing? In other words, if they attended a meeting one time and are on a roster but they I later decide that khey no longer wish to be involved in community ! ! poltcing, will the City of Chicago, in particular, have the I technieal ability to keep that list updated? PRESIDING OFFICERI (SENATOR DONAHUE) Senator Dudycz.
Well, Senator, that 's a factor that Would have to be eonsidered when -- when the trial is -- is in play . I -- I don 't know how khe City would be able to maintain a list that if someone is attending a community policing meeting or -- or joins it the day before or a week before.
PRESIDING OEPICER: (SENATOR DONAHUE) Senator Hawkinson .
Since these individuals are engaged tn a police function, will : there be any background -- criminal background check to ascertain 1 whether or not these individuals have a ganq membership or a prior ! felony record? l PRES I IDING OFPICER: (SENATOR DONAHUE) I Senator Dudycz .
Well, the -- as you know , Senator: the -- the 1aw enforcement ! communities are quite aware of who the individuals are khat are involved in gang activity in that particular district or precinct, and best I can offer is that the police officers would be fully aware of who and Who is not involved in these activities.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson .
I 31 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATS TRANSCR IPT 104th Legislative Day May l3, 1998 I The way these meetings work - and you 'll have to help Me here ! - then if the officers are present and they see someone who they know is -- has been involved in criminal activity., do they have the authority at those meetinqs to deny that person enrollment as ! ! a community policer?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz .
That is correct. They are prohibited from even being involved in these meetings at that time. ' PRESIDING OFFICER: (SENATOR DONAHUE) ! Further discus:ion? Senator de1 Valle. ! SENATOR dEL VALLE : ! Thank you , Madam Presidenk. Sena tor, really along the same ! lines as Senator Hawkinson, there -- there are serious ! deficiencies with the community policing program in Chicago. 1 Individuals are afraid to attend meetings because they will be I singled out. The meetings are open. People Walk in and out. ! Sometimes the gang-bangers, who are not necessarily pre-identified, will -- will sit there and -- and listen to some of the discussion. How -- againg how is khis bill going to be able to document? WhaE will be the process for documenting that someone is a membery is -- is a participant with the community ! policing program, number one? And number two, what about the individuals who do not go to the meeting but will call in -- because they donît want to be identified, will call in information and provide information that gets talked about at the meeting and then those who are out to get even find out about that ' information: get that information and then take action based on what theyeve heard? How do we protect those indlviduals? I -- I ! eertainly am supportive of the bill, but I think khat we dve got a ' problemhereWithdefiningwhoisamemberofaqroupthat--that 1 i ! 32 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3 , 1998 is really not that well-defined to begin wtth. It's just a kind of open process. How do we do that? Another question I have is, Why did we reduce the penaley for aggravated intimldation from a Class 2 felony to a -- or, reduce it from a Class 1 felony to a Class 2 felony?
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Molaro. Oh, I'm sorry. Senator Dudycz.
Thank you, Madam President. Senator, to answer one of your questions, that is why we have increased the -- the penaltles for these -- these assaults and these crimes that are committed against a person who is acting as a community policing person. What weIre trying to do is give someone who is being identtfied in the community as one who is working with law enforcement, much like someone who would be summoned by a police officer 1, as a police officer, can request you to help me in the performance of my duty if am out in the street today. And if you do so help me in -- whether I am injured or or I need some sort of asststance: you -- you perform this assistance for me, as a police officer, you are indemnlfled and you are covered under -- under the current Statutes. What we are trying to do is to is to include the community policing individuals. As you know, in Chicago late last year, there was a police officer -- or, excuse me, a citizen who, because of his activity with the police department , was -- was murdered . And this was directly related to his activities as a community policing volunteer, and wefre krying to provide these penalties to to protect and to tell the community and the -- the good people of the community that they will have these protections if they are volunteers working with the police under this highly successful CAPS program. Nowr as far as your last question, I'm not quite sure. If you would please 33 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE QRANSCRIPT 104th Legislative Day May l3, 1998 repeat that .
PRESIDING OFFICER : (SENATOR DONAHUE) Senator del Valle . SENATOR dEL VALLE: W ell , Senator, the the original bill had a Class 1 felony penalty for aggravaked intimidation, and your amendment has changed it to a Class 2 felony. was wondering why it was reduced . PRESIDING OFEICZR; (SENATOR DONAHUE) Senato r Dudycz.
For proportionality concerns is what I was told by the -- by my handler here : Senator .
PRESIDING OFFICER: (SENATOR DONAHUE) Purther diseussion? Senator Molaro.
Thank you, Madam President and Members. Ifll just make a brief comment, and then it's a question. Obviously: whenever you dre increasing the death penaltyr even death penalty proponents would have to say that you have to take a hard and fast look. So this is what IIm going to ask: In the categories, such as the offense of murdering a police officerr tt's my underskanding that the fact that he 's a poltce officer, or she, enhances it and allows for *he implication of the death penalty. It doesn 't matker whether the perpetrator had knowledge that he or she was a police officer. ehe fact that it was a police officer, it ls deakh penalty . Now, in this particular oneg if wedre going to enhance and allow the death penalty, the genesis of the bill is that someone in Chicago commieeed murder upon one of these activists and we have to protect these people. So I think, however, since a police offieer is so clearly defined and this isn't, then I think we should be using the language uknown or should have known'' that he was a 34 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 community activist, as opposed to not imparting any knowledge upon I *he offender. Sop I don't have the bill in front of me, so I I : th ink, Senakor Dudycz, what you want it to be: that when someone knows it's a community activist and you're going to go put a hit on him or you 're going to - or her - or you lre going to go out and i commit murder, you're going to do the death penalty. But if they didn't know, I don 't know if we want to enhance it, 'cause it could just be a -- a simple robbery. So what I'm getting at would be is, if I'm going ko commit an armed robbery and I commit itg say, on a Senate staffer, as opposed to a community policer, and I don't know that they was, why should it be enhanced? So, that's the question .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudyez.
Senator Molaro, page 7 of the -- of the bill, as amended, clearly stakes that ''the murder was committed by reason of any person 's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer.'' Again, My handler says that ehe knowledge must be there .
PRZSIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Collins. ..osenator Collins? Further discussion? Senator Dudycze to close .
Just would ask support from the entire Membership . I PRESIDING OFFICER: (SENATOR DONAHUE) j The question is, shall House Bill 2400 pass. Those in favor 1 will vote Aye. Opposed, Nay. And the voting is open. Have all ' voted who wish? Have a1l voted who wish? Have all voted who 1 wish? Take the record. On that question, there are 56 Ayesg no Nays , l voting Present. House Bill 2400 : having received the ! ! 35 STATE QF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 required constitutional majority, is declared passed. Senator ! Mahar, on House Bill 2411. Read the bill, Madam Secretary.
House Bill 2411. I ! (Secretary reads title of bill) ! 3rd Reading of the bill. I PRESIDING OFFICER: (SENATOR DQNAHUE) ' Senato r Zahar. SENATOR MAHAR : i Thank you. Madam President. House Bill 2411 adds language ! that fulfills our intent of House Bill 452, the education reform ! bill passed last fall. It's almost identical to Senator Watson 's bill: which passed earlier this year. It adds the hold-harmless l payments to the continuing appropriation. Itfs passed the House ! . ! unanimously and Senate Education Committee. I known of no l opposition and would ask for your support. !
PRESIDING OFFICER : (SENATOR DQNAHUE) Is there discussion? Senator Rauschenberger. l !
Thank you, Mr. fsic) Presidentr Ladies and Gentlemen of the -- I : of the Body. Let me remind you that youlre voting agaln for a continuing approp riation . A hold harmless was a onetime evenk I E desiqned to make sure no school district was affected by changes 1 we made in the middle of the year. To institutionalize that into a j I continuing appropriakion is to do formula work - okay? - without 7 an analysis of what changes you lre making . If you decide Eo l support this, as you might hàve an earlier bill, I just want you ! to do it with the understanding that you dre makin: a School Aid 1 Pormula , which a lot of people argue is no longer rational, even more irrational, as you continue to layer on continuing appropriations on top of it. As you walk throuqh the budget ; walk-ups w ith us this year and realize that you 're already I i 36 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3r 1998 deferring - giving over - almosk half of your statutory -- your constitutional responsibility to appropriate by passing continuing , appropriations, I just want to make sure khat you realize there's a continuing appropriation in this bill and that -- that -- as ! your Appropriation Chairman, you knowr you need to think hard i abouk whether this is the right public policy, whether we ought to give up eaeh year. We have the authority each year - each and every year - to appropriate this money into the budget, if that's the desire or the will of this Body. We should not do this in continuinq appropriations unless there is a reason much more compelling, I believe, than a hold harmless that keeps some school districts happy.
PRESIDING OFPICER : (SENATOR DONAHUE) Is there -- Senator Berman .
Thank youe Madam Presldent. I rise in support of the bill. I think what we are being asked to do by this bill is what many of my school districes have been worried about; that when we changed the School Aid Formula: for example, where we reduced the hiqh school weighting factor, those school districts would be hurt if it was not for a bill like this. And many of us in suppore of House Bill 452 said that we were going to do everything necessary to proteek those schools so they wouldn lt get hurt while we were bringing up khe bottom portion of the school districts . So I E stand in support of House Bill 2411. :
PRESIDING OFPICER: (SZNAQOR MAITLAND) I Further discussion? Senator Butler.
! Thank you, Mr. President. Ladies and Gentlemen, I'd like to ask a single -- one, single question, and that is : Help me - can ' ' 4 you think of any other instance for any other agency where we% . j guaraneee, in perpetuity, the funding of any kind of a mechanism, I ' j 37 ' STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3r 1998 any kind of a -- any kind of a project? What -- the problem I 1 1 have is what we 're -- is exactly what Senator Rauschenberger said. I We are guaranteeing, in perpetuity, that money, and I -- it seems 1 to me I agree with him, we ought to be looking at this every -- 1 , I every budget year. ! PRESIDING OFPICER : (SENATOR MAITLAND) l ! Is there further discussion? Sen#tor Berman, for a second ! time, , SCNATOR BERMAN : ' l Thank your Mr. President. I thought I would answer my ! colleague's question. We do three things, so to speak, in ! perpetuity. One is khat there is a continuing appropriation for ' ! State indebtedness. When we issue bonds, the creditors require us ! to take money off the top to make sure they get paid . Number two : i there's a little thing that We dre al1 very interested in; it I allows us to sleep nights: It's called leglslative pensions. , That's funded on a continuing appropriation. And I think that, ' I based upon the press releases that We issued last December 4th, ! when House Bill 452 became law: we have moved children up to the , level of our own pension system . I think that 's what they lre ! entikled eo . Thak's what we all campaign on# and thatls Why I'n 1 pleased to stand up and say let's vote for Souse Bill 2411. ! PRESIDING OFFICER : (SENATOR MAITLAND) I 1 Purther discussion? Seelng none, Senator Mahar, to close. ! Al1 right. The question is, shall House Bill 2411 pass. Those in I favor will vote Aye. Opposed, Nay. The voting is open. Have al1 I ! voted who wish? Rave all voted *ho wish? Have all voted who 1 wish? Take the recordg Madam Secretary. On that questionz there j are 54 Ayes, 3 Nays, no Members voting Present. House Bill 2411, 1 having recei I ved khe required constitutional majority, is declared 1 passed. House Bil1... Senator Rea, for what purpose do you j arise, sir? 1 1 38 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998
On a point of personal privileqe .
PRESIDING OFPICER: (SENATOR MAITLAND) Please state your point.
Gives me deep honor to introduce a person who has served in this' great Body in the past, from southern Illinois, from Johnston Cityz Senator Delmer Mitchell, served on the Republican side.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mitchell, welcome back to Springfield. Nice to have your herer sir. Thank you. Thank you. House Bill 2424. Senator Myers. Read the bill, Médam Secretary.
House Bill 2424. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Myers.
Thank you, Mr. President, Members of the Senate. This bill amends the Property Tax Code, the Public Officer Simultaneous Tenure Act and the Township Code , and ik basically reflects technical changes in the Code where there had been conflicts in related Sections. With the amendment that was made to this bill , it deals with filling a vacancy in a township officez that person must be the appointee must be a person of the same political party as the person vacating the office. So with the amendment, if the appointee has not voted in a party primary election or is not holding or has not held an office in a politieal party orqanization before the appointment, then the appointee shall establish his or her political party affiliation by his or her record of participating in a political party 's nomlnation or 39 STATE OP ILLINO IS 90TH GENERAL ASSEMBLï REGDLAR SESSION SENATE TRANSCR IPT 104th Leqislative Day May 13, 1998 election caucus. Additionallyz the bill changes a Sectlon of the I I public office (sic) (Officer) Simultaneous Tenure Act which I conflicts with another Section of the Act. And the third provision: It shortens the time period in which a township board of trustees must fill a vacancy in the office of the township board from a hundred and twenty days ko sixty days before the electors, at a special town meetingr may fill the vacancy. So I ' would -- I would answer any questions, but I Would ask for a favorable vote on this issue .
PRESIDING OFFICER: (SENATOR MAITLAND) Is -- is there discussion? Is there discussion? Senator Walsh . ' SENATOR % . WALSH : Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER : (SENATOR MAITLAND) Indicates he will yield, Senator Walsh. She indicakes she will yield . Senator Walsh .
Thank you . Senator, what -- what about in situations where a township ticket runs not under the label of Republican or Democrat: but they run on a united ticket, so to speak?
PRESIDING OFFICER : (SENATOR MAITLAND) Senakor Myers . SENATOR MXERS : , Well: this deals With establishing for the political party who ! Wants to fill a vacancy. As you knowr it must be filled 'with the ! same party. So it's only dealing with the appointment to fill a 1 ! vacancy and hoW to eskablish party affiliation if there is a ! vacancy. It's not dealing wikh somebody who chooses to run in an I election, but only in the filling of a vacancy of a township 1 office . I PRESIDING OFFICER I : (SENATOR MAITLAND) 1 i 40 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3' 1998 Senator Walsh .
Now -- now, how is it goinq to be done then? You have to have voted in three primaries... PRESIDING OFFICER ) (SENATOR MAITLAND) Senator Myers .
. . . *he same as the -- the same as the person whose vacancy you 're going to f11l, and you have to have voted the same way that they did?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Myers.
It basically states this: If the appointee has not voted in a party primary election or is not holding or has not held an office tn a political party organization before the appointment, then the appointee shall establish his party affiliation by a record of participating in a nomination or election caucus. This only deals with the issue of appointing someone to fill a vacancy in a township offtce.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Walsh .
I think -- this doesn't apply to Cook County.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Myers .
This applies ko township offices. I don't know it if applies to Cook County .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Further discussion? If not, the question is, shall House Bill -- I 'm sorry . Senakor Bowles . 41 k STATE OF ILLINO IS ! I 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3, 1998 SENATOR BOWLES: 1 Thank you, Mr. President. I rise in support of this bill. We : Worked out the amendments. It Was considerable discussion, and We l worked with the people we were having a problem With. And this 1 bill 1 now is an agreed bill among all of the parties that were ! I concerned with the issue. And I support this particular piece of ! legislation. I PRESIDING OFFICER: (SENATOR MAITLAND) I Further discussion? If not, the question ts, shall House Bill ' 2424 pass. Those in favor will vote Aye. Opposed: Nay. The voting ! is open . Have al1 voted who Wish? Have all voted who wish? Have I all voted who wish? Take the record, Madam Seeretary. On that ! question, there are 54 Ayes, l Nay, no Members votin: Present. 1 House Bill 2424, having received the required eonstikutional I majority, is declared passed. House Bill 2430. Senator ! Luechtefeld? I1m sorry. Senator O lDantel. I -- I beg your i pardon. Senator O 'Daniel? Read the bill, Madam Secretary. I ACTING SECRETARY HAWKER : I I House Bill 2430 . I (Secretary reads title of bill) 1 3rd Reading of the bill. 7 PRESIDING OFFICER: (SENATOR MAITLAND) I i i Senator O 'Daniel. I
Thank you , Mr . President, Members of the Senate . House Bill 2430, as amended , would create the Illino is Pekroleum Education andMarkeeingActand -- and the Illinois Petroleum Resource ' 1 Board. It would allowtheBoardtolevyanassessmentequalto 1 one-tenth ofonepercentofthegross revenuesfrom oil and gas 1 produced in -- from each well in -- in the State of Illinois, and 1 ' thak -- it would create this Petroleum Resouree Revolvinq Fund . This bill is the industry's bill. It's the same bill that Senator I 42 ' 1 STATE OF ILLINOIS ! 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 Donahue and I had last year, House Bill 998. Went over to the House, passed there, went to the Governor. The Governor made some 1 changes. The House sponsor failed to file a motion, not that he 1 i was -- didn't -- didn't support the bill, but he just overlooked ' it: and so we have the bill back this year. This is the indusery's bill. They wanted to assess theirselves this assessment I i i to help clean up some of the orphan wells and different things in ' I ! - - in the oil basin. And I would appreciate your support. If you j have any questions, 1'11 attempt to answer 'em. I PRESIDING OFFICER: (SENATOR MAITLAND) ! I 1 Is there discussion? Senakor Jacobs. ' I SENATOR JACOBS: 1 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question? 1 PRESIDING OFFICER I ) (SZNATOR MAITLAND) ! I Indicates he will yield, Senator Jacoba. I
Senator, this is, as you kndicate, a fee increase, which the - - the industry itself has indicated that they are -- they lre I j villing eo -- to puk on. Do we have any commitment from them that they 'll not pass that on? Is this one they dre going to absorbr or ' are they going to pass it on to the consumer? PRESIDING OFFICER: (SENATOR MAITLAXD) j Senator O 'Daniel . i SENATOR O 'DANIEL : I I'm -- I doubt if there's any commitmene out of 'em. This is ' their bill.They were willing to assess theirselves this one-tenth j i of one percent. Idon'tknowwhetheryoulreawareofitornotz j buk, especially in my district, there's thousands of abandoned 1 ! orphan wells that no one claims ownership of that we dre -- they i were drilled back in the thirties and a11 and some of them are -- 1 ' . 1 are leaking salt water and all.And EPA doesn't have enough money 1 ' 43 STATE 0F ILLINOIS 1 . 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 -- or Oi1 and Gas to cap these Wells and clean up these sites, and so the industry agreed to do it theirselves. So this -- this is j the way they plan to -- to do that .
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Bowles? Okay . A1l right . If i not , the question is , shall House B ill 2430 pass . Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted l who wish? Have all voted Who wish? Have all voted who Wish? Take ! the record, Madam Secretary. On that question, there are 47 Ayesz 8 Nays, no Members voting Present. House Bill 2430, having received the required constitutional majority, is declared passed. Senate (sic) Bill 2474. Senator O'Malley. Read the btll, Madam ! Secretary . ACTING SECRETARY HAWXER I House Bill 2474 . (Secretary reads title of bill) 3rd Reading of the bill. !
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley . !
Thank you, Mr. President and Ladies and Gentlemen of the ' Senate. House Bill 2474 amends the unperfected security interest Section of the Uniform Commercial Code with respect to the priority of liens. It provides that the rights of a claimant who is a public funds depositor to an unperfected security interest are superior to the riqhts of a lien creditor who is a trusEee in bankruptcy. The Public Funds Investment Act permits public agencies to invest public funds in interest-bearing savtngs accounts and -- and other forms of investment which will be secured, and also permits those funds to be invested in the purchase of repurchase agreements. The Public Pund Deposit Act permits the treasurer or custodian of public funds to condition 44 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13, 1998 ' their deposit upon a depositary institution 's collateralization of the deposit with c- with federal government or agency securities ! where the deposie exceeds the FDIC insurance limit of a hundred thousand dollars. What brought this legislation about Was brought I to the attention of the General Assembly by Representative Leitch who -- who realized that effective tn January 1996, with the UCC ' amendment, that decades of local custom and practice were -- were changed by that UCC amendment. In effect, many of us have served in local government and We know, in our capacity in local government, that we took care , on boards that we may have served on, to make sure that any deposits of public resources were properly secured, notwithstanding the hundred-thousand-dollar insurance limit. That UCC amendment in January '96 khrew that out. In addttionr the testimony that we had in committee indicated that as many as sixty-five hundred of the some seven thousand local governm ents across the State of Illinois are not even aware, at this point in time, that their deposits May be unsecured in the event of the appointment of a -- of a trustee in bankruptcy for any financial instttution where they have their funds deposited. This legislation corrects that situatione and 1 I1d seek your support. P I RESIDING OFFICER: (SENATOR MAITLAND) A1l right. Is there discussion? Is there discussion? If 1 not, the question is, shall House Bill 2474 pass. Those in favor 1 . will vote Aye. Opposed, Nay. The voting is open. Have all voted who kish? Have all voted Who wish? Have al1 voted who wish? : Take the record, Madam Secretary. On that question, there are 54 Ayes, no Nays, 2 Members voting Presene. House Bill 2474, having received the required constitutional majorityr is declared passed. Committee Reports.
Senator Weaver, Chairman of the Committee on Rules, reporks I ! : . 45 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3p 1998 that ehe following Legislative Measures have been assigned : Refer 1 . to Education Committee - Senate Amendments 2, 3 and 4 to House Bill 1640, Senate Amendments 3, 4, 5: 6 and 7 to House Bill 2844; refer to Environment and Energy Committee - House Joint Resolution 1 58, Senate Amendment No. 2 to House Bill 3129, and Senate ! Amendment No . 2 to House Bill 32577 refer to Executive Committee - Senate Joint Resolution 68, Senate Amendment No. 2 to House Bill ! 2700, Senate Amendment No . 2 to House Bill 3030 , and Senate Amendment No . 3 to House Bill 3249 : refer to Financial Institutions Committee - Senate Amendment No . l to House Bill 3321; refer to Judiciary Committee - Motion to Concur with House Amendment No. 1 to Senate Bill 1259, and Senate Amendments 2 and 3 to House Bill 37787 refer to Licensed Activities Committee - Senate Amendment No. 2 to House Bill 2589: refer to Public Health and Welfare Committee - Senate Resolution 206, and Motion to Concur with House Amendment No . l to Senate Bill 1473: refer to Revenue Committee - Senate Amepdments 3 and 4 to House Bill 3026, and Senate Amendment No. l to House Bill 38112 referred to State Government Operations Committee - Senate Amendment No . l to House Bill 2643) refer to Transportation Committee - Senate Amendment I No. l to House Bill 2466: Be Approved for Consideration - Senate Amendment No . 2 to House Bill 3026, Senate Amendment No . 2 to House Bill 3180, and Senate Amendment No. l to House Bill 3383) 1 Sponsorship Change Approved Pursuant to Rule 5-l(c) - House Bill i 3778, Senator Cullerton as the new sponsor. Filed by Senator Weaver ! : May l3 , 1998 . PRESIDING OFFICER: (SENATOR MAITLAND) ! Senato r Bowlesr for what purpose do you arise? 1 SENATOR BOWLES : ! Thank you, Mr. President. On House Bill 2424, apparently someone had turned my key and my Aye vote did not register, and since I spoke in favor of the billr I would like the record to E 46 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 reflect an Aye vote for -- for me .
PRESIDING OFFICER: (SENATOR MAIQLAND) The record will state your intent, Senator Bowles. Thank you very much. Senate (sic) Bill 2493. Senator Dillard. Read the bill, Madam Secretary.
House Bill 2493. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Ladies and Gentlemen, we're on 3rd Reading. This is final passage stage. These are important issues. It is important that you give your attention ko the Gentleman presenting the bill. Senator Dillard .
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill authorizes school districts that maintain a grade 9 and 10 curriculum to include , if they want - it 's not a mandate - if they want, to include one unie of inskruction on organ and tissue ' donor or transplantation problems (sic) (programs). The only mandate that is in here - and thereîs no cost to it because khe regional organ banks w1ll provide the information to 1em - is khat the regional school superintendents shall maintaln a -- a curriculum for teaching about organ and tissue transplants, and the regional organ banks will provide that to 'em. ehe regional superintendents want that duty . It is not a mandate . It 's up to the local school board to determine Whether one unit of instruction in khe ninth and tenth grade can be offered abou: organ and tissue donations. And importantly, a parent may take their child out of this curriculum should they deem it. I think a lot of us have recently become aware of the importance of organ and tissue donation, and it's important that we get to the 47 STATE OF ILLINO TS I 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3z 1998 schoolchildren of Illinois right before they apply for their first driver's license so that they know, When they get their drlver's licenseraboutorganandtissuedonations,whichareon the back of all our licenses in Illinois. I'd be happy to answer any 1 ! p questions. This comes from a teacher in my district, in Downers i Grove Soukh High School, that was the recipient of an organ ! transplant - not once, but twice - and he testified in committee I that he 's living proof of the virtues of organ donations. And I'd I answer any questions and appreciate a favorable roll call. ' I Thanks , Mr . President . . ! PRESIDING OFFICER: (SENATOR MAITLAND) I ! Is there -- is khere discussion? Senator Lauzen. 1 SENATOR LAUZEN : I Thank you -- thank you, Mr. President. Just a quick question : for the sponsor. 1 . PRESIDING OFFICER: (SENATOR MAITLAND) j Indicates he will yield r Senator Lauzen . 1 SENATOR LADZEN : ! : Certainly the objective of this program is very good. IIm -- ! . my guess is that there would be people who would be coneerned 1 about diluting the -- khe -- the curriculum . Can you address that problem, that potential problem? ( PRESIDING OFFICER: (SENATOR MAITLAND) ! Senator Dillard. SENATOR DILLARD : Senator Lauzen , I don 't -- I don 't know if you mean dilutinq, I meaning taking time out of the school day that could be used for reading, writingy arithmetic. And obviously that's always an issue , although I believe this is an important top ic . The i curriculum itself , and there already is a curriculum that is put I together by the regional organ transplant people or organ donor banks,that'sprofessional. It'ssomewhatsuccinct and it's -- 1 1 48 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 it's virtuous. So in terms of watering it down, again: These decisions are up to the local school board to determine whether it's watered-down, in whatever fashion you mean it. It's a local decision. All we do is provide a centralized repository. If the local school board wants to teach it , about organ and tissue donation: there are a number of speakers who go out and teach this, like this man from Downers Grove South High School. So don't think it's a major problem. The local control is there. And, Senator Lauzen, you should know, I think, that this bill originated in the House of Representatives by one of your two House Members, for better or for worse. She brought this to me. She Went out and found this teacher from my district. But one of your two House Members Was the originator of this fine idea .
PRESIDING OFFICER : (SENATOR MAITLAND) Is there further discussion? If not, the question is, shall House Bill 2493 pass. Those in favor will vote Aye. Opposedp Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take khe record, Madam Secretary . On that question , there are 55 Ayes , no Nays, no Members voting Present . House Bill 2493, having received the required constitutional majority, is declared passed. House Bill 2503. Senator Karpiel. House Bill 2553. Senator Butler. Read the bill, Madam Secretary.
House Bill 2553 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDINC OFFICER: (SENATOR MAITLAND) Senator Butler .
Thank you very much, Mr. President. Ladies and Gentlemen, House Bill 2553 pertains to changes in the Sanitary District Act, 49 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 and it permits three -- three things that seem ko be overdue. Firsk of all, where a forest preserve district is -- is oeparated from a potential area for the -- for the sanitary districtz this bill provides that they can leapfrog the forest preserve, but they must not touch the forest preserve itself or make any chanqesz pipes or anything like that, without the expressed consent of the forest preserve's governing body. Secondly, it -- it permits the sanitary districts to self-insure their employees provided, of course, thak they -- they -- and it also permits them, should say. It permits them -- it permits them to slgn any for-profit or non-for-profit organization offering health services. They were restricted previously. Thirdly, it provides that Where there is a -- a failure to pay a special tax for the services of the sanitary district: that it -- it takes away the lien and foreclosure provisions and it replaces it with the standard - so to speak - standard colleckion methods for unpaid taxes. That is essentially what it does. It is supported by the Association of Wastewater Agencies. I'd be happy to answer any questions you might have.
PRESIDING OFPICER : (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2553 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have all voted who Wish? Take the record , Madam Secretary . On that question, there are 56 Ayes, no Nays, no Members voting Present. House Bill 2553, having received the required constitutional majority, is declared passed. House Bill 2581. Senator Fawell. Read the billr Madam Secretary.
House Bill 2581 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) 50 STATE 0F ILLINOIS 90QH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 Senator Fawell.
Thank you very much. This bill does exacely what it says on the Calendar. It amends the Act of (sic) (on) Aging to delete the provision prohibiting citizen members of the Council on Aginq from serving more than two consecutive terms. These members are volunteers. They are not paid anything except their expenses. I know of no opposition to this bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2581 pass. Qhose in favor will vote Aye. Opposed, Nay. The voting is open. Have all voeed who wish? Have all voted Who wish? Have all voted who wish? Take the recordr Madam Secretary. On that questionr there are 57 Ayesr no Nays, no Members voting Present. House Bill 2581, having received the required constitutional majority, is declared passed. House Bill 2583. Senator Bomke. Read khe billw Nadam Secretary.
House Bill 2583. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Bomke.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill -- or e House Bill , excuse me , 2583 would require the Department of Child and Family Services to establish a stakewide toll-free hot line to offer callers information about past history and violations of Illinois day cares . Amendment l to House Bill 2583 requires the Department of Child and Family Service to establish and maintain a list of licensed day eare facilities and make that list available on the Internet. Be happy to answer any 51 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 questions. I know of no opposiEion.
PRESIDING OFPICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not : the question is, shall House Bill 2583 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voeed who wish? Have all voted who wish? Take the reeord, Madam Secretary. On that question, there are 56 Ayesy l Nay, no Members voting Present. House Bill 2583, having received the required constitutional majority, is declared passed. House Bill 2607. Senator Peterson. Senator Peterson. I beg your pardon. Senator Sieben. It's those trifocalsr Senator. Read khe bill, Madam Secretary.
House Bill 2607. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben .
Thank you very much r M r. President . I 'm glad to know ik was the trifocals and not my sho rt stature . Difficult to spot me out here. This -- this legislation does tWo things. First of all, it authorizes any county or municipality that imposes a surcharge for 9-1-1 services to make expenditures from the surcharge for a computer-aided dispatch system that records, maintains, and integrates information to increase operational efficiency and improve the prov isions of emergency services . And secondly , under the Township Code, it authorizes the city council of any home rule municipality to cease to exercise the powers of the township board by a three-fourths vote of that city council. Supported by the Township Officials. I know of no opposition, and I would ask for an Aye vote . 52 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998
PRESIDING OPFICER : (SENATOR MAITLAND) Is there discussion? Is there discusslon? If not: the question is, shall House Bill 2617 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voked who wish? Take the recordr Madam Secretary. On that queskionr there are 58 Ayesr no Nays: no Members voting Present. House Bill 2607, having reeeived the required constitutional majority, is declared passed. House B ill 2652 . Senator Mahar. Read the bill , Madam Secretary .
House Bill 2652. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OPFICER: (SENATOR MAITLAND) Senator Mahar .
Thank you, Mr. President, Members of the Senate. This bill is the property owner bill of riqhts as it applies to the Illinois Toll Highway Authority . The purpose is to ensure that p roperty owners shall not suffer disproportionate injuries as a result of programs and projects designed for the benefie of *he public and to ninitize hardship of displacement of these people. It also requires more accountability and public input by khe Tollway Board. This is identical to the bill, khe Senate Bill 1288, which passed here unanimously, and I would be happy ko answer any questions .
PRESIDING OFFICER: (SCNATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2652 pass . Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted kho wish? Have a1l voted who wish? Have all voted who wish? Take the record : Madam Secretary . On thae queskion , there are 57 Ayes r no 53 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3y 1998 I Nays , no Members voting Present . House Bill 2652: having received I the required constitutional majority, is declared passed. Top of I page 5 is House Bill 2671. Senator Peterson . Read the bill, ; Madam Secretary .
House Bill 2671 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR MAITLAND) Senator Peterson.
Thank you, Mr. President, Members of the Senate. House Bill 2671 requires the Illinois Department of Revenue to disclose an annual list of all kaxpayers with delinquent tax liabilities. It specifically states that the Director shall annually disclose a list of all taxpayers, including but not limited to individuals, trusts, partnerships, corporations, and other taxable entities, that are delinquent in the payment of tax liabtlities collected by the State in an amount greater than ten thousand dollars for a period of at l'east six months from the ttme that the taxes were assessed. The list shall contain the name, addressp type of taxes , month and year in which the -- each tax was assessed or ( became final, and the amount outstanding of each delinquent kaxpayer. In the case of corporations, the list shall also E include the name of the current president of record of the ! corporation. This is -- this bill is similar ko Senate Bill 1316, l which did not get out of the Revenue Committee. We went back and l addressed the concerns of Senator Clayborne and Senator Berman, I 1 and I believe there 's no opposition against this bill and I ask I for a favorable roll call . i . 1 PRESIDING OPFICER: (SENATOR MAITLAND) I Is there discussion? Senator Collins. i I 54 SQATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3 , 1998
Question of the sponsor.
PRESIDING OFFICER : (SENATOR MAITLAND) Indicates he will yieldr Senator Collins.
Senatorp -- I support the bill, but I'd like to ask a question. You said six months from the time. Is -- is that the the deadline for filing taxes?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Pekerson .
They have to be delinquent for six months.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins .
I said, you are -- wouldn't it -- if you -- lf the deadline is April 15th and I owe twenty thousand dollars six months laterr then my name would be printed, and I -- if I had not paid it?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Peterson .
ïes, but you would be notified. ïou would have kime enough to respond .
PRESIDING OFFICER : (SCNAQOR MAITLAND) Senator Collins.
If I respond favorably and work out a payment plan , will My name be published?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Peterson .
You would not be on the list. 55 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13: 1998
PRESIDING OFFICER: (SENATQR MAITLAND) Purther dlscussion? If notr the question is, shall House Bill 2671 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted who wish? Take the recordr Madam Secretary. On that question, there are 53 Ayes, 2 Nays, no Members voting Present. House Bl1l 2671, having received the required constitutional majority, is declared passed. House Bill 2696. Senator Molaro. Read the bill, Madam Secretary.
House Bill 2696 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATQR MAITLAND) Senator Molaro .
Thank you , M r. President , Members of the State Senate . This bill creates the Advisory Commission on Internet Privacy Act. This is born about because the Internet is growing leaps and bounds. World Wide Web, as you al1 know, is taking off in leaps and bounds. And as we try to control the privacy aspect of it, it 's very difficult and we don 't really know how to do it and what Stakutes we should bring p 4nd we don 't want to do it in a hodgepodge nature or willy-nilly. It's just too -- too important and too mainstream of an industry for us to take that approach . So what this bill -- it creates a seventeen-member commission, unpaid, but they will be reimbursed for expenses - eight appointed by the Leaders of the General Assembly and nine by the Governor. And it tells the Governor that the appointees must include both -- both laypersons, computer experts. This only last: for five or six months. The report is going to be due January lst of next year, and they'll be reporking baek to us the ways that we can 56 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 I make sure that privacy is maintained on the Internet. Theydll 1 have some bills for us, looking for sponsors. And it's the responsible way to look at this problem and attack it. And I would stand for any questions, if necessary.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is -- is there dîscussion? If -- ' Senator Molaro, to close . I 'm ... SENATOR MOLARO : , I think Senator Butler had bis light on. '
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler, Senator Molaro thinks you had your button on. SENATOR BUTLER : : I'm sorryy Senator. I did...
PRESIDING OFFICER : (SENATOR MAITLAND) Senator Bukler . i
Sorry, Senator. I did have a question. I was otherwise occupied. First of allr for -- I think for purposes of : legislative intent: Will the -- the dutles of this organization include a study of unsolicited E-mail? Because I think you, like me, have had many complaints from our constituents over so-called i -- spam mail. So would you clarify thatp please?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro . !
Tbank you, Senator Butler. You were actually reading my mind, ' and I'm glad you brought thi: up. Part of it and I want to let the Senate know that the commission will study ways to look at unsolicited E-mail that comes over our ways, of course , called i spam in the industry. So, to 1et you know, Senator Butler, and through legislative intenk, that that is also part of the duties of this commission . Thank you . And I would ask for a favorable I i ; 57 i ! STATE OF ILLINOIS j 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leq islative Day May l3 , 1998 roll call . PRESIDING OFFICER : (SENATOR MAITLAND) Is there further discussion? If not, the question is, shall House Bill 2696 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. .Have all voted Who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary . On khat question, there are 58 Ayes , no Nays, no Members voting Present. House Bill 2696, having received the requized constitutional majority, is declared passed. House Bill - - okay, out of the record. House Bill 2758. Senator Smith. Read the bill, Madam Secretary. ACTING SECRETARV HAWKER : House Bill 2758 . (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Smith . SENATOR SMITH : Thank you, Mr . President, Ladies and Gentlemen of the Senate . I'd like to present this House Bill 2758, Which is the epitome of our reading here in -- on our Calender. But for legislative intent, I'd like to read this if I can, and... PRESIDING OPFICER: (SENATOR MAITLAND) Senator Smith, excuse me just a moment. Ladies and Gentlemen, please give Senator Smith your attention. Would you, please? And - - and if we lre going Eo speak to one another, let 's walk up and speak to each other very closely, not across the room . Please give the Lady the courtesy of your attention. Senakor Smikh . SENATOR SMITH : Thank you, Mr. Maitland. House Bill 2758 may be necessary to provide consumers of long-term care services - visito rs and employees (sic) (patients) of long-term facilities - with posting 58 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 in a multiple location, rather than a single posting as required by current law, of the address, phone number of the Long Term Care Ombudsman Program . It is the intent of the General Assembly, per House Bill 2758, to further advance the public awareness of the Long Term Care Ombudsman Program without distracting from long-term care providers' goal to maintain a homelike setting. Therefore: it is further the intent of the Legislature, per House Bill 2758, that the required information be posted in public common areas of a facility and not in the residential areas of a facility. I ask your favorable vote on this: if there 's no more ' questions .
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the question is, shall House Bill 2758 pass. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary . On that question, there are 56 Ayes, no Nays, no Members voting Present. House Bill 2758, having received the required constitutional majority, is declared passed. House Bill 2802. Senator Clayborne. Read the billy Madam Secretary.
House Bill 2802. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Clayborne .
Yes. 2802 -- thank you -- thank you, Mr. President. 2802 creates a pupil transportation stark-up loan program for districts that are not currently providing free transportation. School districts providing transportation services for the first time in the fiscal year of 1999, 2000 and 2001, will be eligible for this 59 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 loan . The total cost to the State in terms of loan dollars are about million dollars. .Currently, there are about forty school districts, in the State that do not provide pupil transportation. In those districts, parents are reimbursed directly for the transportation costs. There was some discussion earliez about the cost. To my particular district, it's about a two-hundred-and-fifty-thousand-dollar loan that will be paid back over ten years. And I know some analyses indicated that it was a -- a smaller amount, but clearly in my situation, even in Senator Watsonls district, the loan amount is significant. I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. To the best of my understanding, wedre creating a nek mandated categorical program here at a time when the Governor's proposed budqet proposes to shork-fund those categoricals below last year's rate of -- of -- of funding. I just would caution the Body thak although this is a worthy cause, and Senator Clayborne always brings good bills before this Body, that that reimbursement programs are just that. They reimburse costs after theydre incurred. To argue that because someone is going to -- to have a program, that we ought to loan 'em the money to have the program so they can then seek reimbursement from usz I -- you know , think it's a -- it's a very inventive bill, but it -- it's another House bill that maybe should have stayed in Rules or maybe we ouqht to wait until we fully fund the categoricals that Art Berman worked so hard to build over the years before we add another one. I would -- I Would caution the Body about adding another mandated cakegorical . 60 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998
PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? If not, Senator Clayborne, you wish to close?
Thank you, Mr. President. I would just ask for a favorable vote . Thank you .
PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall House Bill 2802 pass. Those in favor will vote Aye. Opposedp Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the recordz Madam Secretary. On that question: there are 43 Ayesz 12 Nays, 2 Members voting Present. House Bill 2802, having received the required constitutional majority, is declared passed. House Bill 2818 . Senator Tom Walsh . Read the bill, Madam Secretary .
House Bill 2818. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR MAITLAND) Senator Tom Walsh .
Thank you y Mr . President , Members of the Senate . House Bill 2818 makes the following changes in the Medical Practice Act. It p rovides that in mandatory reportin: cases, khe Department of Professional Regulation shall have the right to inform the patient of the right to provide consent for the Department to obtain copies of hospital and medical records. Additionally, House Bill 2128 (sic) also authorizes the Medical Disciplinary Board and the Department to subpoena copies of hospital or medical records in mandatory report cases alleging death or permanent bodily injury When consent to obtain records is not provided by a patient or 61 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 legal representative. And finally, the bill authorizes the Director of the Department of Professional Regulation, upon a recommendation of the Medical Disciplinary Board to close a case, to request further investigation. This bill is the result of an , audit finding we had on the Legislative Audit Commission, and I'd ! be happy to answer any queskions.
PRESIDING OFFICER : (SENATOR MAITLAND) ! Is there discussion? Is there discussion? If not, the question is, shall House Bill 2818 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have all voted who wish? Take khe record, Madam Secretary. Qn that question, there are 58 Ayes, no Naysy no Members voting Present. House Bill 2818, having received the required constitutional majority, is declared passed. Senator Lauzen : for what purpose do you arise , sir?
! A point of personal privilege. E
PRESIDING OFFICER: (SENATOR MAITLAND) Please state your point . I i
I'd like to just take a momenk to introduce to the Body -- reintroduce to the Body Senator Bob Mitchler, who served very ! admirably and honorably in this Body for many years, from back home. I remember that he had an oratorical contest when some of i . us were younger and -- with the American Legiony and serves very ' ably with veterans ' affairs currently . So I Id like to welcome Bob Mitchler back to the Body.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mitchler, welcome back. Nice to see you today. House 1 Bill 2837. Senator Butler. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER : y House Bill 2837. I 62 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senato r Butler.
Thank your Mr. President. Ladies and Gentlemen, House Bill 2837 corrects an inequity which was created when we passed both the Cook County tax cap laws and then used the prior year equalized assessed valuation in Cook County. Now, this applies to two -- only two districts two school districts: Prospect Heights and the City of Niles. What it does is it -- it -- for the real estate tax year of 1995, two TIF districts were approved by the Village of Niles and the City of Prospect Heights and they were coming back on the tax rolls. Unfortunately, under the tax caps, thts recovered EAV, which we consider -- which we would consider the same as adding new construction to the tax rollsp under the tax caps, the recovered EAV would simply be added to the tax base and become accessible by the school districts. However, when we used pzioz -- prior year equalized assessed valuation, the extension could not be included in the recovered -- recovered TIF EAV . So this bill simply allows them to recapture that -- the -- the property which came about because of the -- the property increase which came about because of the expiratlon of the TIF. As I said, we 've done this to correct an inequity in Oak Lawn and this is similar to that situation. And I would ask for your favorable support.
PRESIDING OFFICER : (SENATOR MAITLAND) Is there discussion? Is there discussion? If not: the question isr shall House Bill 2837 pass. Those ln favor will vote Aye . Opposed , Nay . The voting is open . Have all voted who w ish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 41 Ayes, 14 63. STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3, 1998 i Nays, l Member having voted Present. House Bill 2837, having I received the required constitutional majorityz is declared passed. House Bill 2860. Senator Pitzgerald. House Bill 2864. Senator i Rauschenberger. Read the bill, Madam Secretary . ' ACTING SECRETARV HAWKER : House Bill 2864. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER : (SENATOR DONAHUE) Senator Rauschenberger . SENATOR RAUSCHENBERGER : Thank you, Mr. (sic) President, Ladies and Gentlemen of the Senate. Rouse Bill 2864 is a bill which permits local governments to use electronic digitalized retention in place of retaining public records. Many of the public records, the ones that the local governments are mandated to keep for three and five years, represent a significant volume problem for local governments now that the Secretary of Seate no lonqer is doing archival servlces. Historically we 've only permitted that -- those records to be retained on microfilm instead of -- if they were going to dispose of the ortginal. This bill permits digitalized records tn a computer database to be used for record retention. It has the support of the municipal leagues and local government. I'd appreciate favorable roll call. ' PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Seeing none, the question is, shall House Bill 2864 pass. Those in favor will vote I Aye. Opposed, Nay . And the voting is open. Have all vgted who wish? Have all voted Who wish? Have all voted Who w ish? Take 1 . the record . On that question , there are 54 Ayesz 1 Nay , none voting Present. House Bill -- no , House Bill 2864, having 1 received the required constitutional majority, is declared passed . l 6. 4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 Senator Karpiel, on House Bill 2887. Read the bill, Madam Secreta ry .
House Bill 2887 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel .
Thank you, Madam President. House Bill 2887 revises a small portion of the Educational Reform Act relating to the reading grant program . The way this law is currently writtenr a school district's continuation of khe reading block grant is tied to the performance of all the district's third-grade students on the IGAP test and not to the performance of the students who are actually served by the reading block grant. And this is a problem, because funding for a small number of students, a majority of Whom are in the first or second grade, is based upon IGAP results of third graders who are not even impacted by the funds. This bill provides that districts must develop locally determined assessment methods, rather than IGAP scores, to measure student reading skills. It must repork khose results annually and it -- and it will be ineligible for funding in the third and subsequent years if they fall to demonserate performance progress using those assessment methods . And I ask your Aye vote .
PRESIDING OFFICER : (SENATOR DONAHUE) Are there any questions? Is there any discussion? Seeing none : the question is , shall House Bill 2887 pass . Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question: there are 54 Ayesy 3 Nays, l voting Present. House Bill 2887: having received the 65 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 104th Levlslative Day May l3, 1998 l required constitutional majority, is declared passed. Senator I ! Cullerton, for what purpose do you seek recognition? SENATOR CULLERTON : i Point of personal privilege. PRESIDING OFFICER: (SENATOR DONAHUE) 1 Please state your point . I
Ladies and Gentlemen, we have with us today -- joining us a ! ( Justice of the Illinois Appellate Court and also ehe President of the Illinois Judges' Association, Justice Mary Jane Theis, Who's ! here today. Judge, would you please stand up? ! PRESIDING OFFICER: (SENATOR DONAHUE) ! Would you please rise and be recognized? Welcome to the Illinois Senate. Senator Dillard, on House Bill 2899. Read the I bill, Madam Secretary.
House Bill 2899. (Secretary reads title of bill) ! 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) l , Senakor Dillard . SENATOR DILLARD : ! Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill is *he top agenda item for Mothers Against 1 Drunk Driving for this spring Session of the Legislature. And the bill adds reckless homicide khere dr l ugs or alcohol were involved to the list of offenses automatically covered by the State 's i truth-in-sentencing provisions in the Code of Corrections. I know of no opposition, and IId be happy t' o answer any questions and I1d appreciake a favorable roll call.
PRESIDING OFFICER: (SENATOR DONAHUE) Istherediscussion? Istherediscussion? Seeing none, the 1 i . 66 STATC OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCR IPT 104th Legtslative Day May l3, 1998 question is, shall House Bill 2899 pass. Those in favor Will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 2899, having received the required constitutional majority, is declared passed. Senator Shadid, on House Bill 2910. Read the bill, Madam Secretary.
House Bill 2910. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shadid .
Thank you, Madam President. House Bill 2910 is -- extends the - - the opportunity for Peoria County to share in the sales tax with Peoria City, and this has been in effect noW since 1991. The -* and has been extended in 1993, and this -- this Statute authorizinq the sharing of sales tax will expire in September of this year. So what Ifm recommending is thak we extend ik and there will be no -- no exp iration date on it .
PRESIDING OFFICER: (SCNATOR DONAHUC) Is there d iscussion? Is there discussion? Seeing none , the question is , shall House Bill 2910 pass . Those in favor will vote Aye. Opposed, Nay. And tbe voting îs open. Have all voted who wish? Have ali voted Who wish? Have all voted who wish? Take khe record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 2910, having received the required constitutional majority, is declared passed. Senator Thomas Walsh, on House Bill 3026. Out of the record. Senator Karpiel, on House Bill 3030. Out of the record. Senator Hawkinsonz on House Bill 3063. Read the bill, Madam Secretary . 67 STATE OF ILLINOIS h 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3 , 1998 i ACTING SECRETARY HAWKER : i House Bill 3063. (Secreeary reads title of bill) 3rd Readin: of the bill . PRESIDING OPFICER: (SENATOR DONAHUE) ! Senator Hawkinson . i
Thank you, Madam President. This bill, which is initiative of ' the Cook County State's Attorney's Office and is supported by the Illinois State 's Attorneys Association and the Attorney General, amends the speedy trial Act. An individual is entitled to a 1 ! constitutional right to a speedy krial. In Illinoisz that's dekermined to be a hundred and twenty days if they dre in custody, ; unless delay is occasioned by the defendant. Because of some court decisions where there's been a real question on the record 1 as to whether the defense counsel agreed to a continuanee or not: this amendment reads that: 'IDelay shall be considered to be agreed to by the defendant unless he or she objects to the delay b I y making a written demand for trial or an oral demand for trial on the record.'' The object is to avoid any more cases like the Healey case, where someone who's convicted of a brutal murder was allowed to walk away on a finding that a speedy trial had not ! taken place within a hundred and twenty days. The record in that case is replete to conferences between counsel before the court in which it certainly appears to the average reasonable person that the defense counsel Was agreein: to a continuance . But -- but l because it was not specifically statedr the court held that the speedy trial rule was violated and the person convicted of murder ! was allowed to be released. I would urge your support for House Bill 3063 . !
PRESIDING OPFICER: (SENATOR DONAHUE) Is there questions of the s' ponsor? Senator Cullerkon . ' 1 ! 68 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 SENATOR CULLERTON : r Xes. Thank you, Madam President, Members of the Senate. I 1 , agree that We need legislation in this area . There was this case ! that Senator Hawkinson referred to where it was indicaked by the defense attorney -- it Was -- where the court was led to believe ' that the -- he was agreeing to the continuance and the Appellate ! Court said that that was not good enouqh, that it really was, in effect, a -- a Motion State, and a person Who was charqed With a very serious offense was let free. So I agree that ehere needs to be a change. However, I think that there could be a better way of doinq it, because in this bill, We have a situation where there's an assumption - a presumption - that the defendant is asking for a continuance in every case unless they object to the delay by making a written demand or a verbal -- verbal demand on the record . So there could be a case where the State 's Attorney gets up and says, ''Judge: we need a continuance. We don 't have our lab report.'' And so it's Motion State. And the Judqe says, ''Motion Statedv and the court -- clerk writes down Motion State, and the defense lawyer, on behalf of his client, forgets to say anything. They just don't say anything. They are just silentp because khey know it 's going to be a Motion State. The way this law is drafted ! that would be deemed a Motion Defendant. And so there could be a 1 - - in a way, a defense lawyer could be tricked by their failure to l speak up. And after all, it is the defendant's right to the speedy trial. So I know that it's difficult to draft a proper . bill. We did try to do so when Ehe bill was in committee, and I know that very few people would be willing to vote No on this bill because of the issue I'm raising , but I do think that it 's ! somekhing for the record I'd like to puk out there because it can operate: I think, to the -- really work against the constitutional righk of a speedy trial . I can even envision a case where a defense lawyer - and this happens every once in a while - a i 69 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 j i defense lawyer is caught in traffic and is going to be late for court, he phones the State 's A ttorney and says , ''Can we ge* a continuance in this case?'' And they say: ''Fine, we were going to g ask for a continuance anyway. We're not ready to go. Wedll make E it Motion State. You don 't even have to worry about cominq ino'' 1 And once again, because he 's not there physically to file written demand or to verbally make a demand for record, it would be deemed I a Motion Defendant. So: for that reason, I Would indicate my opposition to the bill. 1 ' PRESIDING OFFICER: (SENATOR DONAHUE) I Purther discussion? Senator Welch. I SENATOR WELCH : I have a question of the sponsor. I PRESIDING OFFICER : (SENATOR DONAHUE) I Indicates he dll yield r Senator Welch . SENATOR WELCH : Senator Hawkinson, do any other skates have a provision similar to this one? I PRESIDING OFFICER ! : (SENATOR DONAHUE) Senator Hawkinson . ; SENATOR HAWKINSON : Yeah. Skates have all sorts of different speedy trial provisions. In ours, it happens to be a hundred and twenty days. ' I'm not familiar with those provisions in other states. PRESIDING OFFICER : (SENATOR DONAHUE) Senator Welch , SENATOR WELCH : I I know there ls speedy trial provisions, buk is -- does anybody have a provision that there is a -- a defendant's right to a ' speedy trial is deemed, you know, waived by -- by forcing -- by saying that he is responsible for the continuance? Does any state have a provision like that? 1 70 STATE OF ILLINOIS 90TH GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May 13, 1998 PRESIDING OFFICER) (SENATOR DONAEDE) Senator Hawkinson.
Well, I think you 're misconstruing this provision. I read it verbatim to you. This applies When defense counsel is present. It doesn't have to be written. It can be stated by defense counsel before the court. But this avoids the tricking of the State, as was done in Healey, into assuming that you have an agreed motion . Qhks doesn't make kt a defense motion. It simply states it will be presuned agreed unless the defense counsel, who is there , makes a statement otherwise . So I don 't know the answer to your question .
PRESIDING OPFICER: (SENATOR DONAHUE) Further discussion? Senator Geo-Karis. SENATOR GEO-KARIS ) Madam President, Ladies and Gentlemen of the Senate, I think this bill is very clear. And When I hear that the defense counsel may not know , let me tell you: If anyone takes the opportunity to defend someone of some great crimez they better know thekr law. And I think this is a step in the right direction, because we don 't want see anymore Eealey cases loose .
PRESIDING OPPICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none, Senaior Hawkinson , to close .
Thank youy Madam President. Again, I read the language of the entire bill to the Body. This in no way makes a Motion that of a defendant. They are represented in all counties of the State by defense counsel, and al1 they have tc do is object on the record and make a continued demand, and the speedy trial, hundred-and-twenty-day rule, will continue to run. I would ask for a favo rable vote on House Bill 3063 . 71 STATC OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998
PRESIDING OFFICER: (SENATOR DONAHUE) The question isr shall House Bill 3063 pass. Those in favor I will vote Aye. Opposed, Nay. The voting is open. Have a11 voted ! who wish? Have all voted Who wish? Have al1 voted Who Wish? Take the record. On that question, there are 55 Ayes: 1 Nay, l voting Present. House Bill 3063, having recelved the required constitutional majority, is declared passed. Senator Syverson, on House Bill 3081 . Read ehe bill , Madam Secreta ry .
House Bill 3081 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson . SENATOR SYVERSON I Thank you, Madam President. This legislation is involving the Municipal Housing Finance Law as it puks the home rule on khe same footing as nonhome rule. And I want to stress that this does not change any authority to levy taxes and that it passed unanimously out of committee. Be happy to answer any questions that you might have .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none , the question isg shall House Bill 3081 pass . Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have al1 7 voted who wish? Have al1 voted who wish? Have all voted who ! kish? Take the record. On that question, there are 42 Ayes, 11 j Nays : 3 voting Present. House Bill 3081: having received the 1 required constitutional majority, is declared passed . Senator @ ' 1 Luechtefeld , on House Bill 3129 . Out of the record . Senator ' Dudycz, on House Bill 3139 . Read the bill: Madam Secretary . I '
! I 72 STATE OF ILLINOIS I 90TH GENERAL ASSEMBLY ' REGULAR SESSION . SENATE TRANSCR IPT 104th Legislakive Day May l3, 1998 1 . House Bill 3139. j (Secretary reads title of bill) 1 3rd Reading of the bill. PRESIDING OFFICER : (SENATOR DONAHUE) : . I Senator Dudycz . ' SENATOR DUDXCZ: 1 . Thank you, Madam President. Senate -- House Bill 3139 is an : exact duplicate of Senate Bill 1225, Which passed out of this Body ! at a vote of -- of 45 to 2. It amends the Election Code and Municipal Code in regard to determining when an elective office becomes vacant. It provides that a conviction for an offense that disqualifies an office holder from holding office shall occur on the date of the return of the guilty verdict or the entry of a finding of guilt. ïou may recall, this is the piece of legislation that was requested by the City of Chicago dealing with the recent conviction last year of a -- of an alderman who refused . to vacate his seat upon convickion . And technically , the alderman ! could not be thrown out of office until his sentencing had ! occurred. We discussed this as Senate Bill 1225, and the City I requested us to pass House Bill 3139 because we don 't know what's ' going to happen in the House with the other bills that are being 1 . considered. And God bless you, Madam President. I
PRESIDING OFFICER: (SENATOR DONAHUE) ! Is there d iscussion? Senator Molaro . SENATOR MOLARO J i Yes . Thank you, Madam President . Just -- we debated th is at lengthlasttime. I'mnotgoingtodoitagain,butjustto--to 1 realize the opposition. We al1 recall what this was about. There wassomealdermanintheCityof--CityofChicagowhowentto a 1 I jury verdict and he was found guilty. The jury came back with a guilty. So the way the 1aw is noW -- and -- and if you understand this, khe verdict comes back by the jury, but there are a11 kinds i 73 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATC TRANSCRIPT 104th Legislative Day May l3, 1998 I of motions that could be filed. There 's some motions, of course. ! The judge looks at it. There 's a lso a motion thatfs called a 1 verdict -- or, a judgment notwithstanding the verdictr where the judge could overrule the jury's verdict. He may take tenw fifteen days to do this. There 's also, Within thirty days, and every lawyer knows this, you can file a motion for a new trial and a few other things. Well, the way the law is, the judge: and usually it's done speedily, puts in what they call a judgement on the verdict, or a finding on the verdictr and that becomes final, and once that's done and he's sentenced, then the alderman has to go. Usually that takes anywhere from fifteen to forty-five days, maybe sometimes two months. Well, in this particular case, the defendant was claiming that the jury was improperly tampered with or they saw evidence they shouldn 't have seen. So instead of taking this usual time, it took two months or a month and a half extra, and within that period of time, this defendant wound up getting about three or four paychecks. He eventually is in prison . Now , I don 't think -- and that vas a -- that was kind of , a knee-jerk reaction, in my opinion, that says, ''Oh, my Godr this ! guy ls gettin: two or three checks he shouldn 't have got.'' So the 1 knee-jerk reaction is to say: HHey, wait a second. As soon as the jury comes back and says guilty, he loses his job.'' Now, the I problem with tha* is, he loses h1s job, we appoint a new alderman. , Now: thirty or forty days later, the judge gives a new trial. The ! judge vacates that guilty finding, the guilty verdict. Now this ( Juy says, ''Well , I 'm innocent until proven guilty,n - there is no ! yerdict against him - ''Why shouldn't I get my job back? I didn 't ! do anything kron: .'' They might have a neW trial and find him not 1 guilty and we Wind up with two aldermen. I don 't see why we have to do this because we don't Want to wait that month and change the 1 1aW that's been in place for the last seven years because of some I knee-jerk reaction on some alderman geeeing an extra couple of 1 I 74 STATE OP ILLINOIS 90TH GENERAL ASSEMBLX SR EE NG AU TL EAR TRS AN ZSS CR IO IN PT l l 104th Legislative Day May l3, 1998 days' pay. And I just don't think that it's -- it's the rlghk ! I thing to do in thls particular inskance . Thank you . I PRESIDING OFFICER) (SENATOR DONAHUE) Further discussion? Senator Jacobs. SENATOR JACOBS : Thank you, Madam President, Ladies and Gentlemen of the Senate. Would the sponsor yield? Senator, I would -- just to follow up on what Senator Molaro said. When we discussed this last kime, I'M still confused. Taking the scenario that Senator Molaro just indicated and the person is vindicated at a later date, is that person then eligible to go back to his seat under this law, or is -- or -- he or she not eligible? PRESIDING OFFICER: (SBNATOR DONASUE) Senator Dudycz. SENATOR DUDYCZ: No . PRESIDING OFFICER : (SENATOR DONAHUE) Senator Jacobs. SENATOR JACOBS: He Would not -- he or she would not be eligible to go back even though they were found innocent at a later date? PRESIDING OFFICER: (SENATOR DOSAHUE) Senator Dudycz. SENATOR DUDXCZ: Well, lt's my understandtng, Senator, he would be -- have the same ability to file a lawsuit for reinskatement or -- or a civil lawsuit as he would had he decided -- or, had his conviction and l sentencing been overturned at some date in the future. What welre I - wbat this -- what this legislation is doàng is -- is simply l I saying that -- that the office is declared vacant at khe date of l $ the 1 return of a guilty verdict, or in case the -- the defendant I I decides to plead guilky. He either pleads guilty or there 's a l I 75 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13, 1998 finding of guilty, and that's when the -- the office is declared vacant . I PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator Jacobs .
That's where I -- I have my problem, because it appears that f if, in fact, the gentleman or the lady does, in fact, get i vindicated and is eligible then, under the law, to return to that position, there is no vacancy . And even if the court then would rule that that person had a right to go back to that position Ehat is now filled by someone else, that person also was legally placed j into that position as alderman, and now we dve got a big court case going on - two cases, which may have two -- two councilmen at the ; same timez or maybe, in some casesy no counctlman representing those people. And I think that's part of the problem , Senator. !
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Berman. j SENATOR BERMAN : ( ' Thank you, Madam President. The following is for j clarification of legislative intent. This is the same question 1 I and I expect the same answer that we had for the Senate bill that we'd prevlously passed. And if the sponsor will yield? '
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Berman. I SENATOR BERMAN: i Senator Dudycz, in the event a guilty verdict is voided or l vacated by the trial judgez does the second paragraph of Section l ; I of the Officials Convicted of Infamous Crimes Act apply in the event khat this House Bill 3139 is enacted into law? The . 1 paragraph that I'm referring to reads as follows, quote: ''If, subsequently, a final order reverses the conviction, eligibiltty i to hold the office, to the extent of the original term then i 76 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13, 1998 remaining, is restored: and the officer shall be reinstatedy for the duration of the terms (sic) (term) of office remaining.'' Is that correct, Senator Dudycz? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz. SENATOR DUDYCZ : Yes . PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Further discussion? Senator Collins. SENATOR COLLINS: I -- I think Senator Berman just clarified it in that statement, but -- but the Senator answered negatively to other Senators asking that same question. So I hope, by reading the paragraph, that it is correct, that if the person is vindicated, that they can go on and serve out the term of their office . PRESIDING OFFICER: (SENATOR DONASUE) Is there further discussion? Is there further discussion? Senator Dudycz, to close? Question is, shall House Bill 3139 pass. Those in favor will vote Aye. Opposed, Nay . And the voking is open . Have a1l voted Who wish? Have a11 voted who wish? Have all voEed who wish? Have all voked who wish? Take the record . On that question, there are 52 Ayes, 2 Nays, 2 voting Present. House Bill 3139, having received the required constitutional majority, is declared passed. Senator Watson, on House Bill 3202. Read the bill, Madam Sècretary. ACT ING SECRETARY HAWKER : House Bill 3202. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER : (SENATOR DONAHUE) Senator Wakson . SENATOR WATSON : 77 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day . May l3, 1998 ïes. Thank you, Madam President, Members of the Senate. This is the legislation that we debated earlier. i It was Senate Bill E 1878 .
PRESIDING OFFICER: (SENATOR DONAHVE) Just a second, Senator Watson. There are a 1ot of people on the Floor that are unauthorized. Just keep your conversations down and take your staff meetings off the Floor. Senator Watson.
Thank you, Madam Chairman. This is identical to Senate Bill 1878 that passed this Chamber several weeks ago. Deals with quick-take provisions for our Southwestern Illinois Development Authority. The bill that passed out of the Senate went over to the House, got loaded up with a considerable number of additional quick-take proviéions and welre not sure what the future of that bill might be. This bill has just one provision in it, contrary, unfortunately, to what's being circulated by someone saying the r reasons to vote against this is because it contains all this quick-take language, and that's simply not true. There's only one 5 I provision in here and that deals with Southwestern Illinois I j Development Authority and their ability for quick-take. So, anyway, this bill, if it passesz goes right to the Governor. What this bill does is grants, once more, and wedve done this five -- on five previous occasions we.'ve given the Southwestern Illinois Development Authority the ability for quick-take - on five different occasions. And we sunsetted it each time, and for good reason . And we sunset this -- this particular provision . But the * quick-take provision that now exists expires May 24th, 1998. So khat's the reason for this bill and the need for additional two years. In the time that Southwestern Illinois Development Authority has been -- existed , and I believe it ls about ten years, they 've only used this provision for quick-take ten different 1 ti @ mes. So it's not like they're out there abusinq it and grabbing i ( 78 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 and taking everything that they think is necessary. The -- this area of the State, southwestern Illinois , obviously is one of the more economically deprived areas. In fact, that's where this racetrack is. If you would have seen where the Gateway International Raceway, whlch is located now and that's the provision that's creating most of the controversy -- if you 'd seen where it's located, you would -- you would agree that major, major improvements have been made. A 1ot of jobs have been created. A lot of good has come from the provisions that we've given the Southwestern Illinois Development Authority . They have not abused their authority, at least in this Senator's eyes, and 1, at this pointr would be glad to answer any questions. Otherwise: I appreciate your support.
PRESIDING OFFICER: (SENATOR DONAEUE) Is there discussion? Is there discussion? Senator Bowles. Let's go with Senator Bowlesr her area .
Thank you, Madam President. I rise in support of this bill. House Bill 3202 is identical to Senate Bill 1878 , which is noW in the House. This bill applies to our area, southwestern Illinois. It does not affect any other area of the State . And the intent of this quick-take power and the expansion of SWIDA IS opportunity for quick-take is for the development of this area . All of this area, which we were discusstng, is -- is deteriorated. It's poverty-stricken, and it absolutely would bring this area back up to standard, where We would have jobs, we would have employment, We would have people realistlcally approving - and they are approvinq - the quick-take process that is available. Everybody down there supports this. It's not as though there Was not local support for this. Additionally, SWIDA does not have absolute power . SW IDA , in the case of quick-take , must get corporate authority , municipal autho rity app roval before they can proceed . 79 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3e 1998 One of the significant projects in this particular bill is a hundred and fifty million dollars I repeat a hundred-and-fifty-million-dollar, privately funded, housing project for the City of East St. Louis. When is the last time that anybody went into East St. Louis and and produced that kind of economy, economic project, for the City of St. Louis? Not wtthin my memory. It is absolutely pertinent and significant that this bill pass to give SWIDA the authority to pursue these projects, one of which happens to be in my district: the Gateway Center. But the impoverished areas are down in Senator Clayborne 's area and in Senator Watson 's district. I -- I urge you to give an affirmative vote to House Bill 3202. Thank you .
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jacobs.
Thank you, Madam President, Ladies and Gentlemen of the Senate . I stand in support of this legislation . have no personal stake in this, but having watched SWIDA throughout the years - we have given them the quick-take in the -- in the past I think whenever we did it at that time, it was correct. As Senator Watson has indicated, they have not abused that authority. And I remember the debate on the last bill a little bit , talking about whether we're going to take property and someone's not going to be reimbursed properly. Whether it's a quick-take or Whether it's strictly a -- a normal demolition, the courts will still decide those -- those costs and those prices if, in fact, there is any dispute. And I think that the project that is ongoing down there that SWIDA is involved with is a tremendous project. Itls - - normally we don 't like to give quick-take . I think even the Senators would agree With that, and I don 't like to give it. But I think there 's always special circum stances, and I feel this is one of those special circumstances that will allow that community 80 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3 , 1998 and that area to -- to rejuvenate itself by bringing itself up from its bootstraps, 'cause they do need the help . And I know that the Motor Speedway has been an important aspect of that and is going to continue even to get larger. And I think that Illinois should be proud to know that they have a racetrack in the State of Illinois as an example that I think one day, with the proper parking and the proper amenities, will, in fact, host the Winston Cup races. And I think for any of you who don't know what that means to the State of Illinois: 1et me just give you What, in 1986, the ten days at Daytona were worth to the State of Plorida. The ten -- one race , NASCAR . The ten days at Daytona was worth l .3 billion dollars to the State of Florida, and I think that we cannot turn our back on that kind of revenues.
PRESIDING OFFICER : (SENATOR KARPIEL) Purther discussion? Senator Petka.
Thank you very much: Madam President, Members of the Senate. We've heard discussion in connection with this concept thak we are dealing here with just simply an extension of SWIDA'S quick-take authority . Actually , the proper spin in connection with this legislation goes in a different direction, because what we are doing is once again laying a precedenk that I think was never envisioned by our founding fathers in -- in the use of -- the power of eminent domain. Just to refresh people's recollection, what the Authority attempts to do here is to -- condemn an individual property owner's property and then simply turn around and sell that properey to a private corporation. If you wish, you can call this a private corporation's ability to rent the power of eminent domain. In the name of economic development, we are going to simply continue to trample upon individuals' rights, in my opinion, that are that should be protected by this Leqislaturey that were qiven, basically, when the Charker was given to the 81 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l04kh Legislative Day May l3, 1998 federal government by the states in the Pifth Amendment to take property only for a public purpose. The public purpose in this legislation is, ostensiblyr economic development, but it is a quick shuffle of taking power, using the government, and by the use of power, taking property and conveying it to a private enterprise. The concept is wrong, ls flawed, and it is time that this Body and other similar-situated bodies throughout this country simply say ''Enough .l' Vote No .
PRESIDING OFFICER: (SENATOR KARPIEL) Any further discussion? If not, Senator Watson, to close.
Well, won 't belabor the point, and I appreciate those who spoke in behalf of the legislation. One thing that I Want to make perfeckly clear: If the legislatlve delegation from the area, if any of us were opposed to it, I would have -- you would see more opposition, obviously, from from us and from -- and more concern , but we 're not . We support this unanimously in our -- both here in the Senate, our caucus here -- or: our Body here and also in the House. So that, to me, is an indication that thks is a -- a benefit to the local area and local good. think people are protected and the court system, the judicial process, the -- just the process of quick-take in general. The courts have agreed with SWIDA to this point. Itês been appealed, but basically this legislation -- orr this opportunity for quick-take at the racetrack is going to go forward. I'd appreciate the support of the Body so we can continue this quick-take provision for another two years.
PRESIDING OFFICER : (SBNATOR KARPIEL) The question is, shall House Bill 3202 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who w ish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there 82 STATE OF ILLINO IS ! 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT ' 104th Legisla tive Day May l3, 1998 are 34 voting Aye, 18 voting Nay, none voting Present. And House j Bi11 3202, having received the required constitutional majoritye . is declared passed . House Bill 3249. Senator Maitland . Senator i Maitland, on House Bill 3209. Out of the record. Senator Maitland , on 3256 . Out of the record . I 'm sorry . Senator Mahar, on House Bill 3256. Out of the record. House Bill 3257. Senator Butler. Out of the record. We'll skip -- with the leave of the I I Bodyr we dll go back to 3279. House Bill 3280. Senator Radogno. Read the bill, Mr. Secretary. j ! SECRETARY HAQRY: I House Bill 3280. 1 (Secretary reads title of bi1l) I 3rd Reading of the bill. ' PRESIDING OFFICER: (SENATOR KARPIEL) i Senator Radogno . 1 SENATOR RADOGNO: 1 Thank you, Madam President. This bill amends the Crime I ( Victims Compensation Act. It does a couple of things. First of 1 ! alle it increases the cap on the burial expenses from three to . five thousand dollars. As a consequence then, the increase on the I cap for the total compensation goes from twenty-five to i twenty-seven thousand dollars. Secondly, it allows minor siblings of a victim to receive an award for costs that are incurred for ; treatment of mental or emotional conditions which were caused or i agqravated by a criminal act. Currently the law only allows the child to receive compensation if they dve actually witnessed the ! crime against a relative. I'd be happy to try to answer any questionsz and ask for your support .
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? Any discussion? If not, the question is, ! shall House Bill 3280 pass . Those in favor will vote Aye . Opposed, vote Nay. The voking is open. Have a1l voted who wish? ' 83 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 104th Legislakive Day May l3r 1998 Have all voted kho wish? Have all voted Who kish? On that question, there are 58 voting Aye, none voting Nay, none voting Present. And House Bill 3280, having received the required constitutional majority, is deelared passed. House Bill 3286. Senator Donahue. Read the bill, Mr. Secretary.
House Bill 3286. (secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Donahue .
Thank you very much, Madam President and Ladies and Gentlemen of the Senate. House Bill 3286 is responding to a federal requirement that all nursing homes -- orz all veterans' homes in Illinols or in the skates be lieensed by the department that license nursing homes. So what this bill does is it puks all the Illinois veteransl homes under the State Licensure Aet w1th the Department of Public Hea1th. We have amended this bill and put a -- a July 1st, 1998, effective -- no -- effeetive date. And I would simply ask for your support.
PRESIDING OFFICER : (SENATOR XARPIEL) Any discussion? If not: the question is, shall House Bill 3286 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secreeary. On this question, there are 55 voting Aye, none voting Nay, none voking Presenk . And House B ill 3286, having received the required constitutional majorityr is declared passed. House Bill 3341. Senator Dudycz. Read the bill, Mr. Secretary.
House Bill 3341 . 84 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENAQOR KARPIEL) Senator Dudycz .
Thank you , Madam President. House Bill 3341 amends the Civil Administrative Code by requiring Department of Natural Resources, subject to appropriation, to make a fifty-percent matching grant to *he Chicago Park District upon the effective date for the dredging and reclamation of lagoons and ponds ak the locations deemed necessary by our park district. A companion appropriation bill, which was held in the House Appropriations Committee, Would make the appropriations to the Department of Natural Resources to provide the fifty-percent matching grant. A variety of factors over the last hundred and forty years have contributed to the current condition of the laqoons, which currently require a major capital investment. The age of the infrastructure, eroslon and sedlmentations were natural forces at work; however, the lagoons' popularity and the lack of a comprehensive previous management plan also contributed. Now, the park district has already invested over five million dollars for partial lagoon restorations at various parks within the city, but additional money is required to correct and provide for pool water quality, auxiliary water discharge, adequate water outlet control and much other needed . improvements. Now, Ladies and Gentlemen, our lakefront is very ' i ! mportant to our recreation, commerce and convention industry, but 1 our -- our lagoons in our inner-city parks are just as important ! to our communities and deserve our support, and I would ask ! 1 everybody 's favorites -- favorable support. j E PRESIDING OFFICER: (SENATOR KARPIEL) I 1 Any discussion? If not, the questlon is, shall House Bill I 3341 pass. The voting is open. Have al1 voted who wish? Have I ! 85 STATE OF ILLINOIS I 90TH GENERAL ASSEMBLV , REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 I all voted who Wish? Have all voted who wish? Take the record. On that question, there are 48 Ayes, 7 Nays, none voting Present. And House Bill 3341, having received *he required constitutional I majority, is declared passed. House Bill 3406. Senator Walsh. I I Read the bill r Mr. Secretary . I SECR ETARY HANRY : 1 I House Bill 3406. ! 1 (Secretary reads title of bill) ! 3rd Reading of ehe bill. ! PRESIDING OFFICER: (SENATOR KARPIEL) ! Senator Walsh . I ! SENATOR T . WALSH : ' Thank you, Madam President. House Bill 3406 amends the Rural ! Bond Bank Act to expand the Bank's jurisdiction into nonhome rule ' municipalities in suburban Cook County. It increases the bond cap ! by fifty million dollars and eliminate the requirement that the -- that ehe Bank receàve khe approval of the Governor to issue bonds. p I The Revenue Anticipation Act is also changed to provide -- eo ! I change provisions ln relation eo federal waste waterways monies. I And I would just ask for a favorable vote. Be happy to answer any I question I s. I PRESIDING OFFICER : (SSNATOR XARPIEL) I Any discussion? Senator Rausehenberger. SENATOR RAUSCHENBERGER: I Thank youe Madam Presidentz Ladies and Gentlemen of the Senate. Can I ask the sponsor why the Rural Bond Bank felt 1 compelled to eliminate themselves from the Governor's approval? Since these are moral obligation bonds of the State of Illinois . and since again and again , over Ehe las: couple years r we dve been - - had the opportunity to step in and make sure those moral obligation payments have been made for people, can -- can you give us a logical reason why the Bond Bank wouldn 't wank to cooperate 86 STATE OF ILLINOIS 90TH GENBRAL ASSEMNLX REGDLAR SESSION SENATE TRANSCR IPT 104th Legislative Day May 13: 1998 With the General Assembly and the Governor by getting ' gubernatorial approval for...
PRESIDING QFPICER : (SENATOR KARPIEL) Senator Walsh .
Well: as you pointed out, Senator, these are moral obligation bonds and the other thing is, is the Rural Bond Bank is under the jurisdiction of the Lieutenant Governor's Office and wedre hoping that the Lieutenane Covernor's Office is talking to the Governor's Office and that the Governor has signed off on this.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Rauschenberger.
Welly I think that's qood that you're encouraqing executive branch internal communication, but formal approval by the Governor makes the executive branch, in part: responsible for these decisions. If we set khis preeedent here, I just think youfre qoing to see the next -- all the rest of these bond authorization agencies that we've ereaked will al1 be back here elaiming that we oughk to assume moral obliqation for their deeisions: that we ought to raise their caps, and that we shouldn 't have oversight over them. We're not permitted -- we don't do appropriations for khem. We don't review their expenses. The only real hold we have . on khe moral obliqations is gpbernakorial approval. I would urge the -- the sponsor eo maybe reconsider or the Body to ask them -- voke this down and ask them to brin: back a bill without deletion ! of the Governor's authority.
PRESIDING OFPICER : (SENATQR KARPIEL) Further discusslon? Senakor Jacobs. ! I SSNATOR JACOBS : ' ' ' ! ! Thank you, Madam President: Ladies and Gentlemen of the ! Senate. Would the sponsor yield for question? Welle Senator, ! 87 STATE OF ILLINO IS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3p 1998 number one, it's nice to know you dre a downstate legislator. That's always good, to bave another one on board. To follow up a little bit on what Senator Rauschenberger said: Are these moral obligation bonds tbat welre talking about that the bond -- that the banks rely upon? Are they moral obligation bonds?
PRESIDING OPFICER: (SENATOR KARPIEL) Senator Walsh .
Yes .
PRESIDING OPFICER : (SENATOR KARPIEL) Senator Jacobs.
Well, I -- I find it interesting that the Governor is only neutral on this bill, because I know in many other cases, through CREDA and sometimes through SW IDA and some of the other orqanizationv the Governor has taken a very , very dkm vkew on any moral obligation bonds unless they are approved by his office. And I think khat I would have to agree with Senator Rauschenberger that this may be an embarkment down the -- the wrong path, to take it out of the hands of the Governor, because we one day may have to vote in this Body to approve on those -- those monles if# in fact, they are defaulted, which is what ks ouz moral oblksatkon to do. And I think it's another one of those arguments that we can make that just shows that We are giving away authority that We p robably should not be giving away .
PRESIDING OFFICER: (SENATOR KARPIEL) Purther discussion? Senator Demuzlo.
Well, first of all, on a poink of personal privilege, Madam Secretary (sic). 1...
PRESIDING OFFICER : (SENATOR KARPIEL) State -- state your point . 88 1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR sEssloN SENATE TRANSCRIPT 104th Legislative Day May l3, 1998
. .. think I recognize former Senator Aldo DeAngelis on the Republican side of the aisle in the gallery toward the back. So We a1l want to welcome him back .
PRESIDING OFFICER: (SENATOR KARPIEL) Welcome, Senator DeAngelis.
He -- he doesn 't appear to be too happy, but you know ... To the bill -- I1m -- I'm sorry. They're all walking out no* that they know who he is. I'm sorry. Well, if I might, to the bill then ...
PRESIDING OFFICER: (SENATOR KARPIEL) Yes, Senator Demuzio .
p . . Madam President: This redefines ''rural county'' to -- to mean any county, including the County of Cook. Now, I knew that the Rural Bond Bank was pretty successful and was going to be doing all right, and so we expanded that to the suburbs last year. And I guess everybody knew that at some poilt we would be fackng this new declsion that 's before us, including the County of Cook. Senator, I mentioned in commkttee, perhaps We ought to change the name of the Rural Bond Bank now. Have you thought of any parkicula r name that may -- we might ought to call it now that it 's statewide? That's a question.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Walsh . SENATOR % . WALSH : I just heard a suggestion. Possibly khe People's Bond Bank. We 'd be open to any suggestions you have though y Senator.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Demuzio .
89 I STATE UF ILLINOIS i 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 i Why don't we do a -- maybe a statewide contest for the 1 children at school and ask theM if they'd participate in naming I this newfound wonderful program? Secondly, do you have any plans to expand this next year to Indiana or any other place? The answer is no . Thank you very much. PRESIDING OFFICER: (SENATOR KARPIEL) Further -- further discussion? If not, the question is -- oh, ' Senator Walsh, to close. I i SENATOR T . WALSH : ! You know, I think that Senator Demuzio brings up a real good ï point. I think to move this bill without having the name chanqe E in place would probably be irresponsible. So I think we lll wait for the -- wedll Wait and get the -- some -- some possibilities for a name change. Wedll take it out of the record for right now. PRESIDING OFFICER: (SENATOR KARPIEL) i . . . on the top of page 7 is House Bill 3427 . Senator Donahue . : Senator Donahue? House Bill 3427. Qut of the record. House Bill 3431. Senator Donahue. Read the bill, Mr. Seeretary. SECRETARY NANRY : House Bill 3431 . (Secretary reads title of bill) 3rd Reading of the bill . ! PRESIDING OFFICER: (SENATOR KARPIEL) t ! Senator Donahue . SENATOR DONAHUE : Thank you very much , Madam President . Ladies and Gentlemen of i the Senate, back in the days when we passed Mediplan Plus, we had ! set up some networks -- local networks -- health care provider networks to provide care for Department of Public Aid recipients l or Medicaid recipients. And when Mediplan Plus didn't go through, q i we still have these MCCNS that are set up, and what Ehis bill does is it puts them under the voluntary program . That's basically i 1 90 STATE OF ILLINO IS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCR IPT 104th LegfGlative Day May l3, 1998 what the bill does. It just reinstates -- since we didn't have Mediplan Plusr it just simply reinstates what these Managed Care Community Networks are for Medicaid patients. It's got quality control in it. It's cost-effective. And I would just simply ask for your support.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is , shall House Bill 3431 pass . Those in favor will vote Aye . Opposed , 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 this question, there are 56 voting Aye, none votinq Nay, none voting Present. And House Bill 3431, having received the required constitutional majority, is declared passed. House Bill 3435. Senator Carroll. Read the bill , M r. Secretary .
House Bill 3435. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR KARPIEL) We're getting a little loud again. Senator Carroll.
Thank you, Madam President. That's before I even spoke. Ladies and Gentlemen of the Senater rise in asking your support for House Bill 3435, the purpose of which is to allow hospitals to train newborn parents in cardiopulmonary resuscitation, CPR, so that we can try and save lives in cases of newborns who have had some type of breathing stoppage. This has -- it would be under the American Heart Association guidelines, With the approval of Department of Public Health . Both of those associations , along with the Hospital Association, the Medical Society, are in support. I know of no opposition, would be willing to answer questions and ask for a favorable roll call. 91 i . STATE OP ILLINOIS 90TR GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 3435 pass. Those in favor will vote Aye . Opposed , vote Nay . The voting is open. Have a1l voted who wish? Have all voted who wish? Have a11 voted Who Wish? Take the record, Mr. Secretary . On this question, there are 56 voting Aye, none voting Nay, and none voting Present. And House Bill 3435, having received the required constitutional majority, is declared passed. Senator Donahue . SENATOR DONAHUE : Thank you. I rise on a point of personal privilege. PRESIDING OFFICER : (SENATOR KARPIEL) State your point. SENATOR DONAHUE : Thank you very much, Madam President. Ladies and Gentlemen of the Senater in the President's Gallery, I have some very dear friends from Hancock County in the Republican Women ls O rganization up there, and I'd just like to have them rise and be rècognized by the Illinois Senate . Welcome . PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to the Illinois Senate. All right. House Bill 3461. Senator Mahar. Out of the record . House Bill 3494. Senator Molaro . Read the bill , Mr . Secretary . SECRETARY HARRY : i House Bill 3494. k ! (Secretary reads title of bill) ; I 3rd Reading of the bill. 1 . . PRESIDING OFFICER: (SENATOR KARPIEL) l Senator Molaro . i SENATOR MOLARO : E E Thank you, Madam Presldent and Members of the Senate. This is the long-awaited House version of the Dance Studio Act. 92 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 Basically, maybe about twenty-five years ago, we put in a lot of guidelines so the consumer Would be protected . A1l the guidelines that we put in for the protection of consumers stay. The only guideline is that you couldn't enter a -- couldn't enter into a contract that was for more than twenty-five hundred dollars. For those of you who don't know, in the year 2000, ballroom dancing will become an Olympic medal sport. So -- that's right. So since that happened , of course , lot of people are going in and they want to rent the ballroom and rent certain things for a lot of period of time to do this type of teaching, and it goes over the twenty-five hundred dollars. So this removes the cap of the amount that was put in. ïou still can cancel the contract. All the other guidelines stay. We're just removing the twenty-five-hundred-dollar cap . And I would ask for a favorable roll eall .
PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Hendon.
Thank you, Madam President. Will the sponsor yield for a questton?
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he Will .
Senator Molaro, is this your reelection bill, or...
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Molaro .
Yes .
PRESIDING OFPICER: (SENATOR KARPIEL) Senator Carroll. SENATOR CARROLL ) Thank you, Madam President. Will tbe sponsor yield for a 93 STATE OF ILLINOIS 90TH GBNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 question?
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he Will.
Just want to know how many lessons you took.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Molaro? Any further discussion? Further discussion? If not, the question is, shall House Bill 3494 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have a1l voted Who wish? Have all voted who wish? Take the record, Mr. Secretary. On this question, there are 56 voting Aye, none voting -- 57 voting Aye, none voting Nay , l voting Present . And House Bill 3494, having received the required constitutional majority, is declared passed. House Bill 3515 . Senator Maitland . Read the bill, Mr. Secretary .
House 9i11 3515. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPPICER : (SENATOR KARPIEL) Senator Maitland .
Thank you very much, Madam President, Members of the Senate . House Bill 3612 would allow the Secretary of State...
PRESIDING OFFICER: (SENATOR KARPIEL) Senator -- Senator Maitland , we dre on House Bill 3515. Out of the record? Out of the record. House Bill 3556. Senator Dudycz. Read the bill, Mr. Secretary.
House 3il1 3556 . (Secretary reads title of bill) 3rd Reading of the bill. 94 : l : STATE 0F ILLINOIS 90TH REGU EN LA SRAL SEA SSS IE OM NBLY l SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dudycz . SENATOR DUDYCZ: Thank youz Madam President. House Bill 3556 creates the Contractor Unified License and Permit Bond Act Which permlts contractors to obtain a unified license and permit bond to -- to fulfill compliance with contractor ordinances and regulations within a county or tbe municipality to wbich the contractor seeks to or is doing work. The said unified bonds shall be filed with the respective county clerk who may charge a reasonable administrative fee. %he bond also must be -- be filed with the municipal clerk where the contractor seeks or is doing the Work, and the clerk may also charge a reasonable administrative fee. House Bill 3556 applies to a1l countiese Municipalities, home rule units in Illinois, except the City of Chicago . It passed ouk on a vote of -- of the House by a vote of ll0 to nothing (sic) (107-9-0). And I would be more than happy to see this thing pass. PRESIDING OFFICER: (SENATOR KARPIEL) Discussion? Senator Burzynski. SENATOR BURZYNSXI: Thank you, Madam President. Will the sponsor yield? PRESIDING OFFICER: (SENATOR KARPIEL) Indicates he will. SENATOR BURZVNSKI: Senator, if this is such a good bill for the rest of the State, why is the City of Chicago exempted? PRESIDING OFFICER: (SENATOR RARPIEL) Senakor Dudycz. SENATOR DUDYCZ: They have special permit license bonding requirements, Senator. And thak is why . ïou lre welcome . PRESIDING OFFICER: (SENATOR KARPIEL) 95 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 Purther discussion? If not, Senator Dudycz , to close? The question is , shall House Bill 3556 pass . Those in favor will vote Aye . Opposed , vote Nay . The voting is open . Have all voted who wish? Have all voted who wish? Have all voted who w ish? Take the record p Mr . Secretary . On this question, there are 57 voting Aye , none votinq Nay, none voting Present . And House Bill 3556 , having received the required constitutional majority, is declared passed . House Bill 3575 . Senator Obama . Read the bill , Mr. Secretary .
House Bill 3575 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Obama .
Thank you, Madam President , Ladies and Gentlemen of the Senate . As many of you know , we dve had some significant problems with respect to public housing in the Chicago area . Fortunately , over the last several yea rs , there 's been a movement to reform public housing and to break up some of the large public housing developments that exist and to create more mixed-income affordable housing ...
PRESIDING OFFICER: (SENATOR KARPIEL) Excuse me r Senator. Just a minute . Could we have some order . It is so loud in here . Senator Obama .
Thank you z Madam P resident. Essentially what this bill does is it helps to enhance the potential for privatization of public housing by p roviding a tax abatement for the construction bf multifamily units that will house not only public housing residents, but also market-rate units . Essentially what we have 96 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13, 1998 currently is the Chicago Housing Authority Would like to contract out with private developers to build mixed-income housing . That land currently is not on the tax rolls at a11 in Chicago , and what this bill would do would say that if, in fact , this -- this land is leased to a private developer, then those units that are bein: set aside for affordable housing will receive a tax abatement, but the -- the po rtion of the property that is qoing to ma rket-rate housing will, in fact, go on the tax rolls . As a consequence, there will be no loss of tax revenue . In fact, there will be a gain of tax revenue for those parcels that are developed for market rate housing , and this w ill facilitate increased ma rket affordable housing in mixed-income communities for those public housinq residents. This passed out of Revenue Committee 8 to 0. I know of no opposition to the bill. It 's supported by all the municipalities in Chicago that are affected by the p roperty tax . And I would ask for a favorable roll call .
PRESIDING OFFICER : (SENATOR KARPIEL) Any further discussion? If not, the question is, shall House Bill 3575 pass. Those in favor Will vote Aye . Opposed , vote Nay . The voting is open . Have all voted Who wish? Have all voted Who wish? Have all voted who Wish? Take the record , Mr. Secreta ry . On this question , there are 58 voting Aye, none voting Nay , none voting Present . And House Bill 3575, having received the required constitutional majority, is declared passed. House Bill 3579. Senator del Valle . Read the billr Mr. Secretary .
House Bi11 3579. (Secretary reads title of bill) 3rd Readin: of the bill .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator de1 Valle . SENATOR dEL VALLE : 97 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 Thank you, Madam President. This bill was amended in committee . There were three provisions in the bill when it came over. The amendment leaves only one provision , the one regarding the waiver of emergency eviction actions . The proposed change is needed to avoid the dism issal of emergency eviction actions for drug activity , weapons violations and violent crimes when a public housin: authority accepts rent during the pendency of the action . I ask for an Aye vote .
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not -- Senator Hawkinson .
Thank you , Madam President . Will the sponso r yield for a question?
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he Will .
Senator, my question goes to the provision that says that it 's not a defense that the lessor accepts rent after the eviction proceedings are initiated. Does that rent have to be returned then if the eviction goes forward?
PRESIDING OFFICER : (SENATOR KARPIEL) Senator de1 Valle . SENATOR dEL VALLE : ïes , the rent has to be returned .
PRESIDING OFFICER: (SENATOR KARPIEL) Further d iscussion? If not, Senator del Valle the question is, shall House Bill 3579 pass. Those in favor will vote Aye. Opposed r 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 this question, there a re 56 voting Aye, none voting Nay , none voting Present . And House Bill 3579 , having received the required constitutional majority, is declared passed. 98 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 Now , Senator Maitland z on House Bill 3612. Read the bill r Mr . Secretary .
House Bill 3612. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER : (SENATOR KARPIEL) Before you proceed, Senator Maitland . Senator de1 Valle, for what reason do you rise? ' SENATOR dEL VALLE : I was busy . I didn 't vote on my own bill. Please record me as Yes .
PRESIDING OFFICER : (SENATOR KARPIEL) The record shall so reflect -- so reflect that . Senator Maitland .
Thank you very much : Madam President. I do apologize for attempting to present this bill earlier. Now, Senate (sic) Bill 3612 would allow the Secretary of State to issue vanity plates on the Violence Prevention plate, or a personalized plate. The plates contain both letters and numbers . For vanity plates, in addition to the regular forty-eight-dollar fee , an applicant is charged seventy-five for the original issuance of each set of vanity plates . The fee , therefore , for this plate would be seventy-five dollars for the vanity feer forty dolla rs for the V iolence Prevention Fund and forty-eight dollars for the reqular fee -- of a hundred and sixty-three dollars. For the renewal, the cost would be ten dollars for the vanity plate, twenty-seven into the V iolence Prevention Fund , and forty-eight dollars for the renewal fee . I believe I an correct when I say that this is already done for the Conservation plate, and I would seek the support of the Body y Madam President . 99 - : - STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l04kh Legislative Day May l3s 1998
PRESIDING OFFICER : (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 3612 pass . Those in favor will vote Aye . Opposed , vote Nay . The votinq is open . Have a11 voted who wish? Have al1 voted Who wish? Have all voted who wish? Take the record , M r. Secretary . On this question , there are 53 voting Aye, 4 voting Nay r and none voting Present . And House Bill 3612, havinq received the required constitutional majority, is declared passed. House Bill 3626. Senator Watson . Read the billz Mr. Secretary .
House Bill 3626 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Watson .
Yes . Thank you , Madam President. This is the leg islation dealing with what we call stipends for our county officials . It impacts treasurers, county clerks, recorders and sheriffs . Stipends is a concept that was developed by the Illinois General Assembly when it was decided that local officials were have to -- carrying out a lot of the mandates and direction from the General Assembly p that we ought to compensate them for -- for their work and their effort. This is a continuation of that thought and khat philosophy . The stipend increase for treasurers in 1999 would be five hundred dollars, county clerks would be a thousand dollars . Recorders do not receive a stipend until 2001. And sheriffs, theirs would be increased to sixty-five hundred dollars . The 1999 fiscal impact is around four hundred -- or , excuse me, it 's five hundred and seventy-five thousand dollars . In the year 2000, it 's an increase of two hundred and four thousand dollars, and in the year 2001 , it 's an increase of two hundred and forty-three l00 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13 r 1998 thousand dollars, for a total of a little over one million dollars . Be qlad to answer any questions, Madam President.
PRESIDING OFFICER: (SENATOR KARPIEL) Yes . Is there any discussion? Senator Rauschenberger.
Thank you , Madam President , Ladies and Gentlemen of the Senate . Just a couple questions for the sponsor of the bill. We had a similar bill to this in Local Government Committee, and and like many Members here, you know , enthusiastically support and enjoy the the friendship and collegial nature of of county officials . But it was clear in discussions we had regarding the circuit clerks that the stipend is not paid to the county to defray expenses or costs that -- that a re incurred in the -- in the clerk 's office z for example, based on on State action . It 's actually paid as a salary stipend to the individual officeholder. Is that true in the stipends that you lre p roposing as well?
PRESIDING OPPICER: (SENATOR KARPIEL) Senator Watson .
Yes, it is.
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Rauschenberger .
I you know, in it was raised in committee at that time thaE we m ight be doing khe w ronq thing by ratchetinq one county official up over others and that very soon we would see stipend bills for other officeholders , tha t somehoe it 's a good idea for us to take State GRF and -- and use that to supplement the salaries and -- and , in point of fact , the retirement of -- of county elected officials. I just wonder in a year When wedre we 're facing , you know w the -- the challenges we have on -- on l0l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 school funding and other things -- I think the county people are all hard workers. I don't object to them getting paid. I think that 's wonderful . I think they ouqht to go to their county boards though. And I just think before we enter into this omnibus stipend bill y that maybe we should think twice about it .
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Shadid .
W ill the -- will the sponsor yield?
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he Will .
Senator Watson , this stipend for the sheriffs , for example , does this include sheriffs who do not operate a county jail?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson .
This includes all one hundred and two sheriffs .
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Shadid .
I remember when this stipend was put in , I was a sheriff, and it was put in strictly for sheriffs with added responsibilities that we put on them because they ran a county jail. This did not cover sheriffs who did not run a county jail, 'cause their counties opked think there 's Ewo or three in the State , Ehat Eheir counties have one jail on the border of another county, so the -- they do not run a county jail.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson . Is that a question , Senator Shadid?
I -- I assumed that it was a question . And I guess I can l02 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 respond . The -- the current stipend for sheriffs is based on beds . This takes that out and it 's a flat rate now , and it Would take effect December 1 , 1998 .
PRESIDING OFFICER: (SENATOR KARPIEL) Senato r Shadid .
When I -- when I got here on the Senate about three or four years ago, I was asked by a couple of sheriffs who did not run a county jail if I Would include them in a bill, and I Would not do that . I think we dre going against What the intent of this stipend was : to give sheriffs additional money because they have the responsibility of running a county jail. Now youdre includinq sheriffs Who don't have a jail. And I think that's Wrong.
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Shadid . Channel 3 has requested permission to videotape. Is leave granted? Leave is granted . Further discussion? Were you finished, Senator Shadid? Oh . Senator Molaro .
Thank you -- thank you , Madam President . This Would be a -- and Members. I guess this Would be a question , if he would yieldg the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he dll yield .
Well, therefore, if -- if this stipend, just as Senator Rauschenberger says r is çoin: straight to the officeholder, and it 's p robably a good idea , does this have -- would th is be affected if there are raises given by the local county boa rd to these people? I Was just readin: in the paper today, actually, as timely as this would be , that Sanqamon County Board okayed pay raises. So is there some ceiling in the bill that says if a l03 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3 , 1998 sheriff or anybody else of a certain county gets a fifteen-percent raise , that we dre not goin: to -- that the State of Illinois is relieved of the responsibility to give 'em more money? Is there anything in the b ill that would counteract pay raises, such as the one given by Sangamon County today?
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Watson .
No, it is not . This is irrespective of any action that might be taken at the county level .
PRESIDING OFFICER : (SENATOR KARPIEL) Further discussion? Senator Donahue .
Question of the sponsor.
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he dll yield .
Does this stipend have an impact -- I heard Senator Rauschenberger mention something , and does this have an impact on their pension? Does this apply towards their pension?
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Watson .
Your -- your salary at the local level is what determines your pension . This being a State appropriation, or State stipend , as we would call it, it should not. I mean , that ls our understanding .
PRESIDING OFFICER: (SENATOR KARPIEL) Further d iscussion? Senator Collins . Senator Collins.
Yes . Thank you , Senator. When this bill came before the Executive Comm ittee, some of the same issues were ra ised on -- on 104 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3, 1998 the Floor, and I did express to you at that particular time , in addition to these issues some of Ehe Senators have raised here, about the size -- different sizes of the workload . And I am not opposed to giving the sheriffs the stipend , but I do have some concerns in terms of that it has no relationship to the size of the workload . And noW I 1m hearing from my colleague here that it doesn 't -- you don 't even have to -- to have a sheriff 's office , you know , to -- to get the same amount of stipend that someone who have to handle two hundred cases a day, hypothetically , versus someone handling no cases a day or no increase in the workload . And that 's what is wrong about this particular bill, Senator . It should be basëd on the same -- the same way that -- that we provide other kind of stipends and it's based on workload or number of cases. This is just a flat grant mean, a stipend, no matter where you are, no matter what the size of your caseload , and I do have some real problems w ith that part.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Lauzen .
Thank you, Madam President. First of all, certainly understand what the sponsor is trying to accomplish . Our county officials should be adequately compensated. I joined you, for several yea rs , as a cosponsor on legislation that would stop this flow of mandates from Sp ringfield that have to be borne by folks back home . My only question today would be : Why a re these not structured to relieve the burden on the local taxpayer, so then that money could be placed -- you know , the local folks could figure out how much they should pay their official. Why does the money go to the individual, rather than to the county that has the burden? It 's not the individual who has the burden to take care of those jobs, although it might ultimately. Why doesn't the money , the stipend , go to the county to offset the taxpayers ' l05 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3g 1998 burden, as opposed to the individual?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson .
Yes, thank you . That 's a good question . First of all , it 's not a State mandate . This is not a State mandate . This is a stipend that we are makinq available to four different county officials . The decision r as far as whether the -- the salary w ill be raised by -- at the local level, is decided by the local county board . I mean , they -- if they so wish to raise someone 's salary at the local level , they have the -- obviously , the authority to do so . I mean, they 're aware, generally , of these stipends, I 'm - - at least the counties in my area certainly a re aware of stipends , and I would imagine that they would -- khat -- that philosophy of the stipend would impact their philosophy as to hoW much raises they give at the local level. But it is a local decision and it is not a mandate . We 're not creating a mandate on - - to any unit of local qovernment with this proposal .
PRESIDING OFFICER : (SENATOR KARPIEL) Further discussion? Senator Geo-Karis .
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR KARPIEL) He indicates he w ill.
My understanding is , then, Ehat we are goinq -- *he State 's going to give that amount, those stipends , to the clerks , to the recorders - is that right? - to the chief clerks of election and to the election commissioners and -- and to sheriffs . Is that correct?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson. l06 . STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998
The four county officials that are impacted by this legislation are the treasurers, county clerks , recorders - of which there 's only twenty-two in the State - and the sheriffs.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Geo-Karis .
My question is that this -- this is State money that will be given to them , is that correct?
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Watson. Senator Geo-Karis , he didn lt hear your question .
My understanding -- do I understand you correctly that it will be State money given to these four groups?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
We have to appropriate it , and I understand *e haven 't got a good track record with that, with the circuit -- circuit clerks at the local level. I don 't believe their stipend Was appropriated during this particular point in time , but it has to be approp riated by the General Assembly , obviously , before it would qo to the local officials. It would be my hope Ehat that would be the case. We make an obligation to ourself here. I would hope we 'd live up to it.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Geo-Karis .
Madam President and Ladies and Gentlemen of the Senate , I 'm goin: to support this bill, because just last week the aldermen...
PRESIDING OFFICER: (SENATOR KARPIEL) l07 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 124th Legislative Day May l3r 1998 Excuse me, Senator . We 're getting a little loud again. Could we please have some order?
Just last week the aldermen of Chicago are thtnking of raising their pay from seventy-five thousand dollars a year to about ninety . And I thinkz when I stop and think what we do here and how much territory we carry , and then we worry about raising these stipends when these clerks r I know in my county, are overworked , and the treasurer, and -- and I might tell you, the recorder is not from my party , but think she deserves a raise , too . So I 'm speaking in favor of this bill, because we have to consider everything in its proper context. And certainly when the Chicago aldermen think they 're over they dre underpaid for what they do , and there 's only fifty of them and there 's fifty-nine of us covering the whole State, I think that we should consider ourselves less fortunate but at least help the others who are less fortunate than we are , and those are the four categories that Senator Watson talked about. And I speak in favor of the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Shadid, for a second time.
Madam Chairman , you 're in charge : aren 't you? I think . You don 't mind if I talk a second time, do you? Okay .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Shadid.
I 'd like to ask -- I Id like to ask -- ask the sponsor if he 'd be willing to consider an amendment to take off the sheriffs who don't have a jail off of the stipend. They never have been on it. The intent, when it was first put in, was never intended for -- it was intended for sheriffs who ran jails because of the added responsibility -- responsibility. The other officers that you lve 108 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 104th Leqislative Day May 13, 1998 got mentioned here , the clerks and them , all do the same responsibility throughout the State of Illinois. Now you dre going to give a person a stipend who doesn 't have the same responsibility as the other sheriffs , and I don 't think that 's right. That was not the intent of the original bill years ago . Thank you .
PRESIDING OFFICER: (SENATOR KARPIEL) Is that a question , Senator Shadid?
If he would if he would accept an amendment .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
Well, at this point in time , Would not. I would rather not, so I would like to p roceed on w ith 3rd Reading and final vote .
PRESIDING OFFICER: (SENATOR KARPIEL) All right . Further discussion? Senator Syverson .
Thank you. Just a question of the sponsor.
PRESIDING OFFICER: (SENATOR XARPIEL) He indicates he fll yield .
This legislation or these pay raises which are supposed to be used to cover for mandates that We put on to these local individualse can -- can we qet a list of those mandates that we put on to them individually that warrants the pay raises that Were given?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
don 't know if that list is available , but I know that the l09 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 Department of Commerce and Community Affairs , think, has got a pretty good list availability for you that you could get from them . When we talked about the unfunded State mandates constitutional amendment, we had a lot of information from them as to what we were dictating policy to the units of local government and how they had to respond . I would assume that would be a good source , Senator.
PRESIDING OFFICER: (SENATOR KARPIEL) It 's getting -- it 's getting rather loud again . Senator Syverson .
Senator Watson, you said these were -- that the DCCA could put together a list of these mandates we put on local governments . These are pay raises to individuals , not money going to the local governments . What mandates did we put on the local individuals , the sheriff , to give them these pay raises to warrant this?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson.
We -- we up here vote daily, practically, when we're in Session, in regard to policy that we require local officials to comply wtth. I can 'k give you a list of -- necessarily, of what they might be: but there -- there are certainly many. And I Would assume that any county -- former county official that may be serving in -- in the -- in the Senate now could answer that, maybe better than 1. But the list that the Department of Commerce and Community A ffa irs would have would also indicate or include those responsibilities of the -- of county officials.
PRESIDING OFFICER : (SENATOR KARPIEL) Senato r Syverson.
Would make sense that we just give the stipend khen to the ll0 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 local governmental unit to cover those costs of those mandates and not a pay ra ise to the individuals?
PRESIDING OPFICER : (SENATOR KARPIEL) Senator Watson .
Well, that's not been the philosophy of the stipend in the past. The stipend has gone d irectly to the county official . If we want to depart from that r that 's certainly your -- you can certainly introduce leqislation to do so , but at this point in time, I would think that the local official is deserving.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator O 'Daniel.
Thank you, Madam President. I rise in support of this leqislation . don 't think our local -- those local officials :et paid too much and totally disagree with my colleague here about the sheriffs that don't have a -- a jail. You know, the ones in my area that don't have a jail, they have to transport those -- those prisoners to another county where they have a jail, then those counties have to pay to house those prisoners. So, you know, in a 1ot of these small counties, those sheriffs , they don 't -- they don 't -- they aren 't paid very well. So, I think that the sheriff that doesn't have a jail is just as entikled to the one who does . Usually the larger counties that have them , the sheriffs receive more -- more pay anyway .
PRESIDING OFFICER: (SENATOR KARPIEL) Purther discussion? If not, Senator Watson , to close .
Well, this has been thoroughly debated and I appreciate that . I come from a rural area. Our counties are having a a major financial problem in dealing w ith the local pressures they have , just as we have at the State level. This is an effort to try to lll STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May 13, 1998 relieve them of some additional burden and cost that they might have to incur when it comes to a salary increase at the local level . I personally feel that local officials do a great deal to comply with the -- the laws of the State of Illinois, and many of which we -- we sit here right on this Floor and vote on, and are very deserving of this consideration . So I 'd appreciate your support .
PRESIDING OFFICER : (SENATOR KARPIEL) The question is, shall House Bill 3626 pass. Those in favor will vote Aye . Opposed, vote Nay . The voting is open. Have a11 voted who wish? Have a11 voted Who Wish? Have all voted who wish? Take the record , Mr. Secretary . On this question, there are 36 voting Aye, 13 voting Nay , l voting Present . And House Bill 3626, having received the required constitutional majority, is declared passed . Senator Link, for what purpose do you rise?
A point of personal privilege , Madam President.
PRESIDING OFFICER : (SENATOR KARPIEL) State your point.
Inadvertently I pushed the No button on Senate Bill -- or, House Bill 3612 . My intent was to vote Aye on that .
PRESIDING OFFICER: (SENATOR KARPIEL) The record Will reflect that . Senator Berman , for what reason do you rise?
Thank you, Madam President. A point of personal privileger please .
PRESIDING OFFICER : (SENATOR KARPIEL) State your point.
We are joined today by students and two teachers from the Lake 112 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 Shore School on the north side of the City of Chicago . They lre in the balcony on the Republican side . Welcome to Sp ringfield .
PRESIDING OFFICER: (SENATOR KARPIEL) House Bill 3710. Senator DeLeo. Read the bill, Mr. Secretary .
House Bill 3710. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER : (SENATOR KARPIEL) Senator DeLeo . SENATOR DeLEO : Thank you, Madam President and Members. Rouse Bill 3710 is -- really contains just three main topics. The first one is continuinq education as a requirement for khe renewal of a journeyman's plumber's license and voluntary training certification of plumbing inspectors. It gives the Department of Public Health the authority and power to inveseigate any and all unlicensed activities and provides penalties for such activities. Those are the three key points. The bill will address continuing education requirements. There was only one concern in regard to this bill and that was w ith the Laborers International Union of North America, and we just wanted to make sure this is not interruptinq or changing any lines of jurisdiction between khe plumbers and the laborers. It passed out of khe House earlier at a ll8 to nothin: and out of Comm ittee 7 to nothing . I ask for an affirmative roll call on this matter.
PRESIDING OFFICER : (SENATOR KARPIEL) Any discussion? If not , the question is r shall House Bill 3710 pass . Those in favor will votç Aye . Opposed, vote Nay . The voting is open . Have al1 voted who wish? Have all voted who wish? Have all voted who wish? Take the record , Mr . Secretary . 113 STATE OF ILLINOIS 90TR GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13r 1998 On this question, there are 54 voting Aye, 2 voting Nay, none voting p resent . And House Bill 3710 , having received the required constitutional majority, is declared passed. House Bill 3749. Senator Watson . Read the bill , Mr. Secretary .
House Bill 3749. (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Watson .
Yes , thank you , Madam President. I believe there 's no opposition to this bill . I believe it 's noncontroversial , so we 'll p roceed with an explanation of it . The amendment becomes the bill: and it deletes the operative language of the legislation and replaces it with language that authorizes the Illinois Student Assistance Commission, beginning in fiscal year 2000, to award Monetary Award Program -- or# grants for summer school, subject to a separate appropriation. The summer school grants could not exceed lesser than fifty percent of the maximum annual grant or the annual cost of the summer school tuition and fees. The Illinois Student Assistance Commission had a concern about this when the bill was introduced in behalf of the community colleges . That matter has been taken care of. This is to attempt to try to open up the MAP program and scholarship program , for those in -- in need , to summer school programs.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not , the question is r shall House Bill 3749 pass . Those in favor will vote Aye . Opposed , vote Nay . The voting is open. Have al1 voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record z Mr. Secretary . On this question , there are 56 votin: Aye r l voting Nay , none ll4 . ? STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3e 1998 voting present. And House Bill 3749, having received the required constitutional majority, is declared passed. House Bill 3793. Senator Fitzqerald . Read the bille M r. Secretary .
House Bill 3793 . (Secretary reads title of bill) 3rd Reading of the bill.
PRCSIDING OFFICER : (SENATOR KARPIEL) Senator Fitzgerald .
Thank your Madam President. House Bill 3793 amends the portion of the School Code which currently provides that teachers must teach, quote, ''honesty, kindness, justice and moral courage for the purpose of lessening crime and raising the standard of qood citizenship .'' This bill simply states that in addition to these subjects, teachers must now also address discipline and respect in the classroom . The bill has no opposition that I am aware of .
PRESIDING OFFICER: (SENATOR XARPIEL) Discussion? Senator Demuzto .
Well, thank you , Madam President, Ladies and Gentlemen . I don't rise in opposition, but I just rise to point out that this is another one of those unfunded mandates no< that we are requiring teachers and school districts to do. It's one of those feel-good things. Thereds no money aetached. Wefre just mandating 'em to do it, so let's have at it. Thanks. PRESIDING OFFICERI (SENATOR KARPIEL) Further -- further discussion? Senator Geo-Karis .
Madam President, Ladies and Gentlemen of the Senate, I'm delighted to see it 's -- that it 's a bipartisan bill , sponsored by ll5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3 , 1998 the Speaker of the House , Senator Demuzio .
PRESIDING OFFICER : (SENATOR KARPIEL) Further discussion? Senator Jacobs .
Thank you , Madam President, Ladies and Gentlem en of the Senate . Would the would the Senator yield for a questionr please?
PRESIDING OFFICER : (SENATOR KARPIEL) He indicates he will.
First of all, just as a sideline, that's probably a little bit of what has us sca red on this side of the aisles is to see a -- a Speaker bill being carried by Senator Fitzgerald . That scares us a little bit over on this side of the aisle. My question, though, is , having six children , raising six children, I now have fifteen grandchildren, and we all try to teach discipline and respect for others, but how do we do that? How do We -- we -- hoW do we judge tha t? How do we know -- how does the teacher teach what we lre attemptin: to do here? I -- I know We al1 want ko seek that: but , I mean, what are the criteria?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Fitzgerald .
Yes, Senator Jacobs, imagine most good teachers in khe State of Illinois are now trying to instill discipline and respect for others . I don 't see this as a -- as a course buk more a way of living that you would want the teacher to impart. And I think the Speaker felt that this was a glaring omission from our Code , because while we mention that students should be instilled with honesty and kindness and justice, that he also felt, as I do, that discipline and respect for others should be something we 'd want our public schools to be impartin: to children . This bill has no ll6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3 , 1998 fiscal impact. According to the State Board of Education, information regarding citizenship is addressed in the social science areas, and therefore there 's no fiscal impact. And this does not require teachers to teach additional subjects. think that more this is in the mode of something that is symbolic , in that we want our School Code to stress that We would hope our public schools in this State instill discipline in students, discipline for themselves and respect for others .
PRESIDING OFFICER : (SENATOR KARPIEL) Senator Jacobs .
Well, first of allz though, we a re requiring . think th is is something that would have been better served by a resolution Eo 1et the teachers know and to 1et everyone else know that We hope that they continue to teach discipline and respect for others . But whenever we -- we require them to do so, if a kid goes bad and a kid doesn 't learn discipline and doesn lt learn respect for others , is the school board or the school then liable?
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Fitzgerald .
Well, there is no objective criteria to demonstrate or disprove whether a school has taught discipline or respect for others, or honesty, kindness, justice or moral courage that are in the School Code . I think that this is more in the nature of the symbolic bill , something we more hortatory r that we -- we Would urge our schools to try and impart these Eypes of qualities to their students. No school board member is going to be held liable for not teachinq that. I don 't think there 's any way to prove whether a teacher has taught or not taught, effectively , discipline or respect for others . This isn dt someth ing that can be tested with a standardized IGAP test or something like that. ll7 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3, 1998
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Jacobs.
That: then, brinqs back to -- to the original question, I quess . In all due respect to you , Senator, and a1l due respect to Speaker Madigan, it's my understanding that this was supposed to be a year to where we 'd do the appropriations, do the budqet, and - - and perform emergency legislation. I see no emergency here. And, in fact, I still believe that this is something that could just as easily have been done by a resolution than to brin: it into -- enacting it into law with a requirement. And that's the park that really bothers me : to indica te that you have -- you are requiring a teacher to do something when you have no way in which to judge whether that teaeher is fulfilling that requirement or no t. And , you know, there are child ren out there that no matter how much you teach them - and I think that sometime this ' B ody acts that way no Matter how much you teach them : you really can 't bring about ehe discipline that you 're really looking for.
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Maitland.
Thank -- thank you very much r Madam Presidentr Members of the Senate. I don't know how many people are really paying attention to this bill, but I am really personally troubled by -- by this bill. I -- if if I was a teacher, I think , in the public school sysEem in Illinois and I knew a bill like this had been introduced and was making its way through the General Assembly, I would really be offended . If I was the dean of the college of -- of education in our universities who train our teachers to become teachers, I think I would be offended by legislation like this . But I th ink , truly , what it sounds to me like we dre attempting -- and I don 't think really anybody cares. It 's obv ious nobody cares, ll8 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3 , 1998 Madam President, but -- but if I was -- if I was one of these teachers if I was one of our thousands of public elementary and secondary teachers across this State and I knew the General Assembly was spending its time on an issue like thisg I would -- would really be disappointed in those of us who are passing the laws to make th is State a better State . I can 't imaqine any teacher who 's qone through the educational process, through the certification process, who 's being evaluated by pa rents and teachers in the school district that they teach in , does not already, as a good moral character, do a1l of these things . And for the General Assembly to spend time on this : I am -- I am deeply , deeply disappointed .
PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Collins .
Thank you, Madam President. This is a very serious piece of legislation . Senator Maitlandz to some extent, I can -- can understand your reservation and your concern . And to the sponso r, I think this bill would probably -- we would be better served if this was a part of a mandatory -- a part of the educational curriculum. That's where it should start. But to say that there is something wrong with the teaching of -- of of our teachers adhering in a classroom to a set of principles and ackion that demonstrates respect for equity and diversity - thatfs basically what we 're talking about - and that focus on identity, discipline and responsibility , that 's what I get out of -- and I 1m sure that 's probably what the Speaker was concerned about , What is so needed in our society . And if we are going to further the cause of humanity to man : that 's what we 've got to go back to . I lm not sure that this Body is Where we should start, but We ought to start someplace . It should be With our educators . It should be through some kind of -- I can really see a cause for a committee ll9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13 , 1998 or a task force that would sit down and look at the curriculum so that the teachers can be better prepared to teach and to work With our children and to deal with instilling in our children a set of values and principles that gives respect first and foremost to diversity and equity in this society . And that is the only way that we 're going to ever have a true democratic society and a democracy and the fulfillment of the dreams of democracy in this country and around the world . It must happen at some point in time, Senator, but I don't know if you can legislate and cause the teachers to do somethtng that many of them may not be ableg or understand how , to do it themselves. So you need to take a look at this maybe , amend it in a way that there 's no liabilities there, can be brought against any teacher. In the absence of havin: this to become a part of a curriculum , you may be setting yourself -- the teachers up for some kind of problem . But the concept is good and it should be done. Therefore, I'm going to support it.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Petka .
. . . president, I move the previous question.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cronin .
I -- I just wanted to quickly rise and offer a response. think we 're settins a little far afield on this. We may be losing sight of the forest for the trees. I think What Senator F itzgerald is doing here is trying to add a little bit of language to a general philosophical statement that's in our School Code, a little preamble about who we are and what we believe in . It has virtually no specific impact in term s of a mandate on any school district. It just talks about what we believe in and the direction l20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 that we want to go . Senator Collins alluded to it. think this is a good bill. It's good philosophical content. It's What we should be doing . It 's a statement. It 's worth our vote , and I wholeheartedly and enthusiastically support the bill.
PRESIDING OFFICER: (SENATOR KARPIEL) Purther discussion? Senator Bowles.
Thank you, Madam President, Members of the Senate. As a former schoolteacher, I have to aqree With Senator Maitland. would be to tally incensed to think that the Legisla ture and the Senate of the State of Illinois had to mandate and require that a teacher teach discipline and respect . Every Eeacher worth their s' alt is dotng this as a part of the daily routine within a classroom. And to require that a teacher teach respect and discipline, think is transferring responsibility from the parents to the teacher. The home , parental guidance , is where respect and d iscipline should be initiated and then continued , certainly, in the student's association in school and with the teacher. -- understand, with great respect z Senator Fitzgerald 's initiative , but I -- I cannot r in good conscience , vote for a bill that requires - requires - that a teacher teach discipline and respect within the classroom . Thank you.
PRESIDING OFFICER: (SENATOR KARPIEL) Senator Pitzqerald, to close.
Thank you , Madam Presidentr Ladies and Gentlemen of Ehe Senate . I agree with Senator Cronin that this discussion, I think, has really gone very far afield . We are simply talkinq about having a general philosophical guideline in the Code, and that general philosophical guideline already talks about the schools teaching pupils honesty, kindness, justice. And we simply add the words ''discipline'' and ''respect for others''. This is not l2l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3s 1998 a mandate . This is -- these qualities, these values are not somethins we're going to judge our teachers on. There's no kay to judge that. It's just but -- by omitting from the School Code discipline and respect for others from the list of things that we hope our schools will impart r it 's almost as if we dre implying that we don't care about those -- those things. Obviously: I believe every good schoolteacher in the State of Illinois is already doing this. This is simply to clean up: in my judgement, What is a slight omission in our general philosophical statement in the School Code and I think it is fittinq for us, in the Legislature, to reaffirm our support fo r our schools help ing to teach the kind of values we a11 believe in r that we as =- as husbands and wives and parents try to instill in our kids. And think that that 's all this bill does . And I th ink that 's Why the Speaker was supporting it . I 'd certainly app reciate you r support . Thank you .
PRESIDING OFFICER: (SENATOR KARPIEL) The question is, shall House Bill 3793 pass. Those in favor will vote Aye . Opposed , vote Nay . The votin: is open . Have all voted who wish? Have all voted Who Wish? Have a1l voted who wish? Take the record , Mr. Secretary . On this question : there are 44 voting Aye , none voting 10 voting Nay , l voting Present. And House Bill 3793, having received the required constitutional majority, is declared passed. On the top of page 8, we have House Bill 3811 . Senator Radogno . Out of the record . I 'm sorry . senator Luechtefeld , for what reason do you rise?
Yes. For a point of personal privilege , Madam President .
PRESIDING OPFICER: (SENATOR KARPIEL) State your point.
In the balcony , I have some youn: people from my from my l22 STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3, 1998 district, who are here today as finalists in a -- in a histor# contest , w ith their teachers. Would like to introduce them , if they would please stand . First of all, Robert Baker and Mrs . Jackson are the teachers in the group . And the three students : Lindsay Robinson : Colleen Staff and Sarah Jackson . If the Senate would welcome them , I would certainly appreciate it.
PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to Springfield . Senator Bomke , for what reason do you rise?
Thank you , Madam President. A point of personal privilege .
PRESIDING OFFICER: (SENATOR KARPIEL) State your point.
Thank you. I just wanted to remind everyone, tomorrow morning is the Governor 's Prayer Breakfast at the Crowne Plaza , from 7 to 9. If anyone is interested, I have tickets in my office, Room 111 . Thank you .
PRESIDING OFFICER : (SENATOR KARPIEL) House Bill 3844 . Senator Dudycz. Read the bill, M r. Secretary .
House Bill 3844 . (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR EARPIEL) Senator Dudycz .
Thank you -- thank you , Madam President . House Bill 3844 is an initiative from the State Treasurer. It provides that certain positions in the Treasurer 's Office which were previously exempt from criminal background checks noW fall under the same criminal 123 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May l3 , 1998 background provisions as all employees . According to the Department of State Police r the costs are expected to be very m inimal and can be covered within the present budget. Those -- those positions include the -- the Deputy State Treasurer; Assistant to the State T reasurer; the Executive Assistant to the State Treasurer; the Chief Fiscal Officer; personal secretaries and adm inistrative assistants to the Treasurer ; and persons exercising substantial executive or adm inistrative functions who have, as their primary responsibility: the operation of an organizational entity in the O ffice of Treasurer; and licensed attorneys in positions as legal or technical advisors, except in those positions paid from federal funds if such exemption is inconsistent with federal law. I know of no objection. I would seek your affirmative support.
PRESIDING OFFICER: (SENATOR KARPIEL) Any discussion? If not, the question is, shall House Bill 3844 pass . Those in favor will vote Aye . Opposed, vote Nay . The votinq is open. Have all voted who wish? Have all voted who w ish? Have all voted who w ish? Take the record , M r. Secretary . On this question, there are 57 voting Aye , none voting Nay , none voting Present. And House Bill 3844, having received the required constitutional majorityz is declared passed. On page 8 of todayls Calendar is the Order of House Bills 2nd Reading . Members wishing to move their bills from 2nd to 3rd are encouraged to do so today. As you know, Friday is our deadline for getting substantive bills out of the Senate . On page 8, House Bills 2nd Reading , is House Bill 525. Senator Peterson . Read the bill , Mr . Secretary .
House Bill 525. (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Revenue adopted one amendment . l24 STATE OP ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May l3r 1998
PRESIDING OFFICER : (SENATOR KARPIEL) Have there been any Ploor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House B ill 644 . Senator Butler. Read the bill , Mr . Secretary .
House Bill 644. (Secretary reads title of bill) 2nd Reading of the bill . The Comm ittee on Local Government and Elections adopted two amendments .
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been app roved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . House Bill 884. Senator Radogno . Read the bill, M r. Secretary .
House Bill 884. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted one amendment .
PRESIDING OFFICER : (SENATOR XARPIEL) Have there been any Floor amendments that have been app roved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR RARPIEL) l25 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATZ TRANSCR IPT 104th Legislative Day May l3e 1998 3rd Readinq. House Bill 1268. Senator Shaw. Out of the record . House Bill 1612 . Senator Parker. Out of the record . House Bill 2091. Senator Rauschenberger. Read the bill, Mr. Secretary .
House Bill 2091. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 2466 . Senator Walsh . Out of khe record . House Bill 2560 . Senator Fawell . Read the bill, Mr . Secretary .
House Bill 2560 . (Secretary reads title of bill) 2nd Reading of the b ill. The Committee on Education adopted one amendment.
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been app roved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 2589. Senator Luechtefeld . Read the bill, Mr. Secretary .
House Bill 2589 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities adopted one amendment.
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been app roved l26 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leg kslative Day May l3, 1998 for consideration?
No further amendmenEs reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 2643. Senator Sieben . Read the bill, Mr . Secretary .
House Bill 2643. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee amendments .
PRESIDING OFFICER : (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 2668 . Senator Dillard . Read the bill , Mr. Secretary .
House Bill 2668 . (Secretary reads title of bill) 2nd Reading of the bill . No committee or Floor amendments .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . House Bill 2700. Senator Dillard . Read the b ill, M r. Secretary .
House Bill 2700. (Secretary reads title of bill) 2nd Readinq of the bill. ...committee or Floor amendments .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 2827. Senator Rauschenberger . Read the bill , M r. Secretary . l27 STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Leg islative Day May l3g 1998
House Bill 2827 . (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Local Government and Elections adopted one amendment.
PRESIDING OFFICER: (SENATOR KARPIEL) p . . there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 2844 . Senator Parker. Out of the record . House Bill 2869 . Senator Kehoe . Read the bill , Mr . Secreta ry .
House Bill 2869. (Secretary reads title of bill) 2nd Readinq of the bill. No committee or Floor amendments.
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . House Bill 2909 . Senator Garcia . Read the bill, M r. Secretary .
House Bill 2909. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government Operations adopted one amendment.
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) l28 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13: 1998 3rd Reading . House Bill 2950. Senator Sieben . Read the bill, M r. Secretary .
House Bill 2950 . (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 3025. Senator Berman . Read the bill, Mr. Secretary .
House Bill 3025. (Secretary reads title of bill) 2nd Readin: of the bill . No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 3028 . Senator Cronin . Senator Cronin? Out of the record . House Bill 3180 . Senator Walsh . Out of the record . House Bill 3254. Senator Walsh . Out of the record . House Bill 3294. Senator Dillard . Read the billg Mr . Secretary .
House Bill 3294. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted one amendment .
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration? l29 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leqislative Day May l3, 1998
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 3321 . Senator Walsh . Out of the record . House Bill 3363. Senator Madigan . Read the bill, M r. Secretary .
House Bill 3363. (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . House Bill 3383 . Senator Burzynski . Out of the record . House Bill 3415. Senator Walsh . Out of the record . House Bill 3464. Senator Walsh. Read the bill, Mr. Secretary.
House Bill 3464. (Secretary reads title of bill) 2nd Reading of the bill. The Comm ittee on Insurance and Pensions adopted one amendment .
PRESIDING OFFICER: (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Readinq . House Bill 3492. Senator C ronin . Ouk of the record. House Bill 3514. Senator Walsh. Out of the record . House Bill 3516 . Senator Madigan . Read the bill, Mr . Secretary .
House Bill 3516 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments . 130 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 104th Legkslative Day May l3, 1998
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 3778 . Senator Cronin. Out of the record . House Bill 3813 . Senator Madigan . Read the bill , Mr . Secreta ry .
House Bill 3813. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House B ill 3814. Senator Philip . Read the bill, M r. Secretary .
House Bill 3814 . (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments.
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . We have some comm ittee announcements . The Judiciary and Licensed Activities meeting that was to be held at l o 'clock is now meeting at 3 o 'clock . Education and Transportation, which was scheduled for is now meeting at 4 o'clock. And Energy and Environment and Revenue, Which Was scheduled for 3 , is now meeting at 5 o 'clock . Senator Viverito .
Yes . A point of special privileqe z Madam President.
PRCSIDING OFFICER: (SENATOR KARPIEL) State your point.
I have some guests in the Democratic side here : the Commissioners of the Burbank Park District. Would you please welcome them?
PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to Springfield. Senator DeLeo. l3l STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13, 1998 SENATOR DeLEO : Thank you, Madam President . Madam President, we respectfully request a Democratic Caucus immediately in Senator Emil Jones ' Office . We need approximately twenty or thirty m inutes. So we request a Democratic Caucus immediately .
PRESIDING OPFICER: (SENATOR KARPIEL) That 's fine . Committees w ill proceed and start meeting at 3 o 'clock . Before you leave and before your caucus , Senator Cronin has asked leave to go back to some of his bills. With leave of the Body , leave is granted , and we will go back to 2nd -- the Order of 2nd Reading . Senator Cronin r is khe first one 3028? All riqht . Okay . House Bill -- on the Order of 2nd Reading , House Bill 3028. Senator Cronin.
House Bill 3028 . (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No . 2.
PRESIDING OFFICER : (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER: (SENATOR KARPIEL) 3rd Reading . House Bill 3492. Senator Cronin? Mr. Secretary, read the bill.
House Bill 3492 . (Secretary reads title of bill) 2nd Readinq of the bill. The Committee on Public Health and Welfare adopted one amendment .
PRESIDING OFFICER: (SENATOR KARPIEL) l32 STATC OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day May 13r 1998 Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Read ing . Then, House Bill 3778. Senator Cronin? Senator Cronin, 3778? Read the bill , Mr. Secretary .
House Bill 3778 . (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER : (SENATOR KARPIEL) Have there been any Floor amendments that have been approved for consideration?
No further amendments reported .
PRESIDING OFFICER : (SENATOR KARPIEL) 3rd Reading . Resolutions .
Senate Joint Resolution 69, offered by Senator Parker. It 's substantive, Madam President.
PRESIDING OFFICER : (SENATOR KARPIEL) Is there any further business to come before the Senate? If not -- oops! Senator Maitland, (or what reason do you rise?
Thank you , Madam President. On a point of personal privilege , m ight .
PRESIDING OFFICER: (SENATOR KARPIEL) State your point .
Seated with me at my desk is Ms. Emily Ranney, who 's a l33 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 104th Legislative Day May 13r 1998 seventh-grade student from my -- district. I 'd like her to stand and be recognized . And her mother and fatherg Mr . and Mrs. Clark Ranney , are in the -- in the gallery , too . I 'd like them to stand and be recognized by the Senater please.
PRESIDING OFFICER: (SENATOR KARPIEL) Welcome to the Senate . Senator Dudycz, for what purpose do you rise?
Yes. Thank you , Madam President. Just also on a point of personal privilege .
PRESIDING OFFICER: (SENATOR KARPIEL) State your point .
Seated -- beside me is a Wonan Who was involved in the Easter Seals fundra iser that was here in Sprinqfield . And she won a Day with the Legislature , so she is spending a half a day with the House and a half a day with the Senate . And I Id like for the Senate to welcome Suzanne Meyer from St . Louis , Missouri .
PRESIDING OFFICER: (SENATOR KARPIEL) How fortunate you a re . Welcome . Is there any further business to come before the house? If not, Senator Butler moves that the Senate stand adjourned until the hour of 10 a.m.e Thursday, May 14th. The Senate stands adjourned. l34 REPQRT: TIFLDAY STâTE OF ILLINOIS 98/06/12 PAGE: 001 90TH CENERAL ASSEMBLY 16:24:03 SENATE DAILY TRAKSCRIPTION OF DEBATE INDEX HAY 13, 1998 HB-03R9 THIRD READING H8-0525 SECOND READING . HB-0644 SECOND READING HB-0705 THIRD READIKG H8-0884 SECOND READING HB-1318 THIRD READING HB-2091 SECOND READING HB-2370 THIRD READING H8-2370 OTHER H8-2375 THIRD READING HB-2:00 THJRD READING HB-2411 THIRD READING HB-242M THIHD READING HB-242V OTHER HB-2430 THIRD READING HB-24T4 THIRD READING H8-2493 THIRD READING H8-2553 THIRD READING H8-2560 SECOND READING H8-2581 THIRD READING H8-2583 THIRD READING H8-2589 SECOND READING H8-2607 THIRD READING H8-2643 SECOND READING H8-2652 THIRD READING H8-2668 SECOND READING HB-2671 THIRD READING H8-2696 THIRD READING HB-2700 SECOND READING H8-2758 THIRD READING H8-2802 THIRD READING H8-2818 THIRD READING H8-2827 SECOND READING H8-2837 THIRD READING H8-286: THIRD READING H8-2869 SECOND READING H8-2887 THIRD READING H8-2899 THIRD READING H8-2909 SECQND READING HB-2910 THIRD REâDING H8-2950 SECOND READING H8-3025 SECOND READING H8-3028 SECOND READING H8-3063 THIRD READING HB-3081 THIRD READIKG H8-3139 THIRD READING H8-3202 THIRD READING H8-3280 THIRD READING H8-3286 THIRD REâDING H8-3294 SECOND READING HB-33)1 THIRD REâDING H8-3363 SECOND REâDING HB-3R06 THIRD READING HB-3k06 0UT OF RECORD HB-3M31 THIRD READING H8-3435 THIRD READING H8-346% SECOND READINC H8-3492 SECOND READING H8-349: THIRD READING H8-3515 THIRD READING H8-3515 0UT OF RECORD H8-3516 SECOND REàDING H8-3556 THIRD READING H8-3575 THIRD READING REPORT: TIFLDAY STATE OF ILLINOIS 98/06/12 PAGE: 002 90TH GENERAL ASSEMBLY 16:24:03 SENATE DAILY TRANSCRIPTION OF DEBàTE INDEX MAY 13, 1998 H8-3579 THIRD REâDING PAGE 97 H8-3579 OTHER PAGE 99 H8-3612 THIRD READING PAGE 99 H8-3612 OTHER PAGE 112 HB-3i26 THJRD READIHG PAGE 100 HB-3710 THIRD READING PAGE 113 H8-3749 THIRD READIKG PAGE 114 H8-3778 SECOND READING PAGE 133 H8-3793 THIRD READING PAGE 115 H8-3813 SECOND READING PAGE 131 HB-3814 SECOND READING PAGE 131 HB-384R THIRD READING PAGE 123 SJR-0069 RESOLUTION OFFERED PâGE 133 SEBJECT MATTER SENATE T0 ORDER - PRESIDENT PHILIP PàGE 1 PRAYER - REVEREND RITA NAFZIGER PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JODRNAL - POSTPONED PAGE 1 MESSAGE FROM THE HOUSE PàGE 1 COHMITTEE REPORT PAGE 45 ADJOURNMENT PAGE 134