The regular Session of the 90th General Aosembly will please come to order. Will the Members please be at their desks, and wi11 our guests kn the gallery please rise? Our prayer today is given by the Reverend Henry Soles, Senlor Cbaplain of the World Champion Chicago Bulls. Reverend Soles.
(Prayer by the Reverend Henry Soles) PRESIDENT PHILIP S Please remain standin: fcr the Ple6ge of Allegiance. Senator Sieben .
(Pledge of Allegiance, 1ed by Senator Sieben)
Senator Geo-Karis, for what purpose do you rise?
Mr. President and Ladies and Gentlemen of the Senate, on a point of personal privilege .
State your point.
Mr. President and Ladies and Gentlemen of the Senate, we are graced today with the presence of khe Eminent Reverend Soles, who is the Senior Chaplain of the Bulls team, but we're also graced here with the presence of Mrs. Soles, Effie Soles, his deliqhtful wife, and they live in Wheatonr which is Senator Fawell's conotituency. So we 'd ltke you to welcome Mrs. Soles...
Would Mrs. Soles please rise and be recognized by the Senate? Senator Hawkinson, for What purpose do you rise?
Matter of personal priv ilegeg Mr. President. l ! ! STATE OF ILLINOIS 90TH GENERAL ASSBMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20y 1998 PRESIDENT PHILIP : State your point. SENATOR HAWK INSON : It's our privileqe today, in the President's Gallery, to have the student council from Churchill Junior High Sehool in Galesburg, Illinois. I'd like them to rise and be welcomed by tbe Senate . PRESIDENT PH ILIP : Will the student council please rise and be recognized by the Senate? Reading of the Journal . Senator Butler . SENATOR BUTLER : Mr. President, I move that reading and approval of the Journals of Thursday, May 14th2 Fridayz May 15th2 Monday, May 18th7 and Tuesday, May 20th (sic) (l9th), in the year 1998, be postponed, pending arrival of the printed Journals. PRESIDENT PHILIP : Senator BuEler moves to post/one the reading and the approval of the Journal: pending the arrival of tbe printed transcrlpt. There being no objections, so ordered. Committee Reports. ACTING SECRETARY HAWKER : Senator Fawell, Chairperson of the Committee on Transportation: reports Senate Bill 1031, Second Conference Committee Reportz Be Approved for Consideration . Senator Cronin, Chairperson of the Committee on Education , reports Senate 3i11 1599, Motion to Concur With House Amendments 1, 2, 3 and 4, Be Adopted; Senate Bill 1610, Motion to Concur with House Amendments 2 and 3, Be Adopted; and Senate Bill 1627, Motion to Concur With House Amendment No. 1, Be Adopted. Senator Hawkinson, Chairperson of khe Committee on Judiciary, reports Senate Bill 445, Motion to Concur with House Amendments 1 and 2, Be Approved for Consideration; Senate Bill 1325, Kotion to Concur with House Amendment 3, Be Approved for Consideration; I 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 109th Legislative Day May 20, 1998 I Senate Bill 1424, Motion to Concur with House AmendmenEs l and 2, I 1 . Be Approved for Consideration; and Senate Bill 1835, Motion to Concur with House Amendments l and 2, Be Approved for Consideration. PRESIDENT PHIL IP : Messages from the House. ACTING SECRETARY HAWKER : A Messaqe from khe House by Mr. Rossi, Clerk. Mr. President - I am dlrected to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 560: witb House Amendments 3, 7 and 8. Passed the House, as amendedr May l9, 1998. 1 have like Messages on Senate Bill 1307 : with House Amendment 27 Senate Bill 1585 , with House Amendment 1: and Senate Bill 1784 , with House Amendment 1. A Message from the House by Mr . Rossi, Clerk . Mr. President - I am dtrected to inform the Senate that q the House of Representatives has refused to concur with the Senate in the adoption of their amendment to a bill of khe following title, to Wit: House Bill 2827, With Senate Amendments 1, 2, 3 and 1 ' 5. 1 Nonconeurred ln by the House, May 20th , 1998 . 1 I have a like Message on House Bill 3515, with Senate Amendment No * 1 . A Message from the House by Mr. O'Brien (sic) (Ross:), Clerk. j Mr. President - I am directed to inform tbe Senate that the House of Representatives has concurred with the Senate in the 1 passage of a bill of the following title, to wit: I l Senate Bill 1506, together with House Amendments 1y i 2, 3 and 4 . j I 3 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 Passed the Housey as amended, May 20th, 1998.
May I have your attention for a minute? Senator Obama, for what purpose do you rise?
Point of personal privilege, Mr. President.
State your point.
I am happy today that We -- I have Ms. Ashley Linton. She 's an eighth-grade student at Edinburg Junior High in Senator Demuzio 's district, but she 's kind enough to be my personal Page for the Dayp and Wanted the Senate to give her a wonderful Welcome .
Would she please rise and be recognize; by tbe Senate? Commlttee Reports.
Senator Weaver, Chairman of the Committee on Rules, reports that the following Legislative Measures have been assigned: Refer to Executive Committee - Senate Joint Resolution 71 and House Bill 6727 refer to Insurance and Pensions Committee - Senate Bill 1298, House Bill -- 161, and Motions to Concur with House Amendment l to Senate Bill 1728 and House Amendment No . l to Senate Bill 19017 Iefer to Judiciary Comm ittee Motions to Concur w kth House Amendment 1 to Senate Bill 1713 and House Amendment No. l to Senate Bill 1846: refer to Licensed Activities Committee - Motion to Concur with House Amendment No . l to Senate Bill 1585; refer to Local Government and Elections Committee - Motion ko Concur with House Amendment to Senate Bill 1307; and Be App roved for Consideration - Conference Comm ittee Report No . l to House Bill 1699 . ! 1 ! ( STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR sEsslou 4 SENATE TRANSCRIPT I 1 109th Le 1 gislative Day May 20, 1998 ! I Filed by Senator Weaver, May 20th , 1998. PRESIDENT PHILIP : ( j Resolutions. 1 ! ACTING SECRETARY HAW:ER: ! ! Senate Resolution 216, offered by Senator Lauzen. It is substantive. ' PRESIDENT PHILIP : i ! j May I have your attention, please? Welre going to have tvo committee hearings thak are a little late/ unforkunately. And Local Government kill be at 12:30 in Room 400, and -- and Public Hea1th w ill be at -- at 12:30 also, in Room 400 -- excuse me . Local Government is A-1. Revenue is l o lclock in Room 400. And khen the Senate will stand at ease till 1 :30. ' (SENATE STANDS AT EASE) (SENATE RECONVENES) PRESIDENT PHILIP : The Senate will please come to order. Committee Reports. SECRETARY HARRX : Senator Syverson, Chatr of the Committee on Public Health and Welfare, reports Senate Bill 1700 , the Motion to Concur w ith House Amendments l and 3, Be Adopted. Senator Peterson, Chair of the Committee on Revenue, reports Senate Bill 1568, the Motion to Concur with House Amendments l and 2, Be Adopted; and Senate Bi11 1867, tbe Motion to Concur with House Amendment 1, Be Adopted. And Senator Butler, Chair of the Committee on Local Government and Elections, reports Senate Bill 1210, the Mokion to Concur With 5 : 1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20 , 1998 House Amendment 1r Be Adopted; Senate Bill -- or# 1280, the Motion to Concur Wtth House Amendments 1, 2 and 3, Be Adopted; and Senate Bill 1500, the Motion to Concur with House Amendments 1, 2 and 3, Be Adopted. PRESIDENT PHILIP : Messages from the House . SECRETARY HARRX : Message from the House by Mr, Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to concur with the Senake in the adoption of their amendment to a bill of the following title, to wit: House Bill 884, with Senate Amendment No. 1. We have like Messages on House Bill 2257, with Senate Amendment 1; House 3ill 2583 , with Senate Amendment 1 2 and House Bill 3026, w ith Senate Amendments 1 : 2 and 4 . All nonconcurred in by the House: May 20th, 1998. PRESIDENT PHILIP : Introduction of B ills. SECRETARX HARRY : . Senate 3i11 1945, offered by Senator del Valle. (Secrekary reads title of bill) 1st Reading of the bill. PRESIDENT PHILIP : Senator Karpiel, for what purpose do you rise? SENATOR KARPIEL : For an announcenent. There will be a Republican Caucus in Senator Philip 's Office immediately: and we will return about -- in about an hour. PRESIDENT PHILIP : That Would be 3 o 'clock. Senator Jones: for what purpose do you rise? i 6 i I I STATE UP ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 1:9th Legislative Day May 20 , 1998 SENATOR JONES : Well, seeing that wedll be at ease and so forth , I khink -- for all Democrats, I think we 'l1 have a caucus in my office, and we 'll see you at 3 o'clock. So , caucus as soon ao you can get there, in my office . PRESIDENT PHILIP : Thank you, Senator Jones. We stand at ease till 3 o'clock. (SENATE STANDS AT EASE) (SENATE RECONVENES) PRESIDING OFFICER: (SENATOR DONAHZE) Senate will reconvene. Illinois Information Services requests permission to videotape today's Session for archival purposes. Is leave granted? Leave is granted . Resolutions . SECRETARX HARRY : Senate Resolution 217, offered by Senator Thomas Walsh . It 's substantive . PRESIDING OPFICER : (SENATOR DONAHUE) If youdre within earshot of my voice, would appreciate very much if Members would please come to the Floor. We are going to do run through the Calendars, the the today fs Calendar: regular Calendar, and then we have Supplemental Calendar No. 1. I will I believe we will be doing final action , as well as nonconcurrencesy to move the paperwork. So, pleasep please, come ko the Ploor . Senator Dudyczr for what purpose do you rise? SENATOR DUDXCZ : Thank you, Madam President. On a point of personal privilege. PRESIDING OFFICER: (SENATOR DONAHUE) 7' 1 i ! STATE OP ILLINOIS 1 90TH GENERAL ASSEMBLV , REGULAR SESSION SENATC TRANSCRIPT I ! ! 109th Legislative Day May 20, 1998 I I state your posnt. l sExATon ouoycz: l ! Just like to share with the nody that we have a special guest l on the eloor with us this afternoon. We have the President of the Metropolitan Water Reclamation District of the greater Chicagoland area , keeping our water pure and healthy for us to drink and to shower and bathe in: and keeping our -- our healkh going in the -- in the Cook -- Cook County area , Chicagoland area . The President y Terry O 'Brien. I1d like the Senate to welcome him. PRESIDING OFFICER : (SENATOR DONM UE) Welcome to -- Illinois Senate . Senator Myers , fo r what purpose do you seek recognition? SENATOR MYERS : Madam President, point of personal privileqe o PRESIDING OFPICER : (SENATOR DONAHUE ) Please state your poink . SENATOR MYERS : I would like to introduce to khe Body Joalyn Daugherty . She is an intern from Eastern Illinois University for me . Joalyn . PRESIDING OFFICER : (SENATOR DONAHUE ) Joalyn, would you please rise and be recognized by the Illinois Senate? Welcome . We will -- beginning on the regular Calendar at the bottom of page 6 with Senator Viverito, with Non-concurrences . Soon as we get to the Floor: we '11 begin with Senator Viverito . On the bottom of page 6 is Senate Bill 1203. Senator Viverito . On the ... On the Order of Non-concurrence is Senate Bill 1203 . Mr . Secretary . SECRETM W WAQRY : I lttove to nonconcur with the House in the adoption of their M endments 1 and 2 to Senate Bill 1203 . Filed by Senator Viverito . PRESIDING OFFICER : (SENATOR DONAHUE) 8 . 1 ! I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 Senator Viverito.
Thank you, Madam President. I move to nonconcur with House Amendment and to Senate Bill 1203. The two amendments thak were put on this bl11 by the House deal With home equity assurance programs in Chicago and are totally different subject matter from the original bill passed by the Senate. Thak is why I wish to ncnconcur with the two House amendments. Thank you very much.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none: Senator Viverito moves to nonconcur in House Amendments l and 2 to Senate Bill 1203. Al1 those in favorg say Aye. Opposed, Nay. The Ayes have it, and the amendment -- and the Senate does concur. The motion carries and the Senate Secretary shall so inform the House. Going to continue on our Calendar to Secretary's Desk, Concurrence. This wi1l be final action. This will be final action. Senator Watson. Senate Bill 1246. Before we begin, with leave of the Body, have leave to go back to Senate Bill 1224. Okay. We are on the regular Calendar, Ladies and Gentlemen, on page 7, top of the page. On page at the top of the page of -- of the Calendar, on the order of Concurrence, is Senate Bill 1246 . Mr . Secretary .
1 move to concur With the House in the adoption of their Amendment No . 1 to Senate Bill 1246 . The motion by Senator Watson.
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Watson .
Ves . Thank you , Madam President . It 's my intention to actually move to nonconcur with House Amendment No . l to Senate Sill 1246 and ask for -- I think it's appropriate at this time to 9 i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TPANSCR IPT 109th Legislative Day May 20r 1998 ask for a conference commitkee . Okay . I -- ask -- make a motkon that we nonconcur in House Amendment No . l to Senate Bîll 1246 . PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seelng none , Senator Watson moves to nonconcur in House Amendment No . l to Senate Bill 1246. Al1 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion carries: and the Secretary shall so inform the House. On page 8 of your regular Calendar is Senate Bill 1664. Senator Cronin. Mr. Secretary. SECRETARY HAPRY : I move to concur with the House in the adoption of their Amendment No. to Senate Bill 1664. The motion by Senator Cronin. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin. SENATOR CRONIN : Thank you, Madam President: Ladjes and Gentlemen of the Senate. I move to concur wikh House Amendment No . l to Senate Bill 1664. The amendment added the contents of a Senate bill that was sponsored by Senator Butler earlier that passed the Senate unanimously. The language provides that the home school district of a special ed student placed in a residential drug or alcohol treatment facility shall be responsible for the costs of the services provided while the student'B at the facility. Apparently there 's no controversy associated With it, and ask for your favorable consideration of Ehis concurrence motion . PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing noney this is final action, and the question is, shall the Senate concur in House Amendment No . 1 to Senate Bill 1664. Those in favor Will vote Aye. Opposed, Nay. And the voting is open. Have 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 109th Legislakive Day May 20, 1998 all voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. Qn that question, there are 57 Ayes, no Nays, none voting Present. The Senate does concur in House Amendmenk No . to Senate Bill r- Senate Bill 1664 , and the bill , having recelved the required constitutional majority, is declared passed. Senator Watson, on Senate Bill 1705? Motion to Concur? Mr . Secretary .
I move to concur With the House in the adoption of thei: Amendment No. to Senate Bill 1705. The motion by Senator Watson .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson .
Yes. Thank you, Madam President. This amendment - and move to concur with - adds the jet fuel sales tax exempkion for commercial cargo airplanes. A couple years ago, we put legislation in that -- that exempted jet fuel sales tax for cargo airplanes, and the reason for that was to be create an incentive to attract a company by the name of DHL, out of Cincinnati, Ohio, to either Mid-America Airport, located in tbe Metro East area, or to the Peoria Airport. I Want to expand that language to include that it would be for maintenance not only cargo, but for maintenance. And it is specific in its nature, the amendment isr that it Would only impact Mid-America Airport. And the reason for this is we are trying, again, to brinq a major airline maintenance center to -- to the area. And this is an incentive that's being offered by other states, and we're just trying to match that -- that effort by other states and create, hopefully, several hundred jobs as a result of this.
PRESIDING OFFICER: (SENATOR DONAHUE) Is khere any discussion? Is there any discussion? This is 11 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 109th Legislative Day May 20, 1998 i final aetion. And the question is, shall the Senate concur in House Amendment No. l to Senate Bill 1705. Those in favor will 1 vote Aye. Opposed, Nay. And the voting is open. Have all voked 1 I who wish? Have a1l voted who Wish? Have a1l voted Who wish? i 1 . Take the record . On that question , there are 57 Ayes : no Nays , l voting Present. The Senate does concur in House Amendment No. l to Senate Bill 1705: and the bill, having received the required constitutional majority, is declared passed. ...we will go to Supplemental Calendar No. 1. Ak the top of page 2 will be Senate Bill 445. Senator de1 Valle . Mr . Secretary . SECRETARY NADRY : I move to concur witb the House in the adoption of their Amendments l and 2 to Senate B ill 445 . The motion by Senator del Valle . PRESIDING OPPICER: (SENATOR DONAHUE) Senato r del Valle . SENATOR dEL VALLE : Thank you, Madam President. I move to concur with Amendments l 1 l and 2 to Senate Bill 445. First amendment establishes a January '99 effective date that will allow khe Administrative Offices of the Court more time to -- to prepare. And the second amendment establish the Language Interpreter Fund Where the fees will be 1 deposited. j PRESIDING OFPICER: (SENATOR DONAHUE) l Is tbere any discussion? Is there any discusston? This is I j fi 1 nal action. And the question isr shall the Senate concur in 1 House Amendments l and 2 to Senate Bill 445. Those in favor will I I I vote Aye. Opposedy Nay. And the voting is open . Have al1 voted 1 who wish? Have all voted who wish? Have a1l voted Who wish? ' i Have all voted who wish? Take khe record . On that question, I j there are 58 Ayes , no Naysz none voting Present. The Senate does i i i concur in House Amendments l and 2 to Senate B ill 445, and the I i 12 ; I I STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20z 1998 bill, having received the required constitutional majority, ls declared passed. Senator O 'Malley, on Senate Bill 560. Madam Secretary .
. . . move to nonconcur with the House ln the adoption of their Amendments 3, 7 and 8 to Senate Bill 560 . Filed by Senator O 'Malley .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Malley.
Thank you, Madam Presidentr Ladies and Gentlemen of the Senate. I do move to nonconcur with House Amendmenks 7 and 8 to Senate Bill 560. I've discussed it with the House sponsor. It's our intention that he'll take the appropriate steps to cause a conference commitkee to be called for .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley moves to nonconcur in House Amendments 3, 7 and 8 to Senate Bill 560. All those in favor, say Aye. Opposed, Nay . The Ayes have it , and the Senate -- the motion carries, and the Senate shall so inform the House. Senator Dudycz. Senate Bill 1210 . Madam Secretary .
I move to concur With the House in the adoption of their Amendment No . to Senate Bill 1210 . Piled by Senator Dudycz.
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Dudycz.
Yes. Thank you, Madam President . I do move to concur W ith House Amendment No. l to Senate Bill 1210. Senate Bill 1210 -- or, actually, the -- the amendment relates to benefits for injured policemen and firemen . It was carried in Senate Bill 194, wh ich 13 STATE OF ILLINO IS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 we passed and is now Public Act 90-525. It allowed an injured i fireman or policeman to recover damages under both a municipal 1 I ordinance and Workers' comp. The amendment places the State 1 l Mandates Act exemption onto the Public Act that Was erroneously left out to the original Senate Bill 194 . So I do move to concur w ith the House anendment .
PRESIDING OPFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? This is final action. And the question is, shall the Senate concur in House Amendment No. l to Senate Bill 1210. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have al1 voted who Wish? Have a1l voted Who wish? Have all voted who Wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. The Senate does concur in House Amendment No. l to Senate Bill 1210, and the billy having received the required constitutional majority, is declared passed. Senator Butlerr on Senate Bill 1280? Madam Secretary .
I move to concur with the House in the adoption of their Amendments 1, 2 and 3 to Senate Bill 1280. Filed by Senator Butler .
PRESIDING OFFICER : (SENATOR DONAHUE) Senakor Butler.
Thank you very much . I move to concur on Senate -- Senate 1280, on Amendments -- 1280, on 1, 2 and 3. The Senate Bill 1280, as it left the Senate, covered the filing of certain public i proceedings, records of public proceedings for seven -- Within l 1 seven days, which brings that into the conformity with the $ Municipal Code in regards to the Open Meetings Act . Secondly, the 1 bill is a -- provides a modified version of the League 's i -- of the l administrative adjudication proposal that -- or: bill that we . i I ! l 14 1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 109th Legislative Day May 20 , 1998 I passed last year for home rule . This is a modified version of that. It allows -- nonhone rule municipalities to set up code hearing departments to administratively adjudicate municipal ordinance violations, except that's in a very limited way. It provides for rules of evidence at the hearing. A municipal hearing officer can be appointed: who must be a licensed attorney, and it provides some fine-levying provisions. And also, it -- it covers -- the decisions of the hearinq officer can be appealed to the circuit court . There was some concerns by some who felt that - - that the provisions allowing the municipality to go to the circuit court were too limited. This really provides that tbe municipality nust go to the circuit court to enforce the decisions of the code hearing department, particularly if the defendant fails to show up for a hearing . A nonhome rule municipality , according to *- according to this bill, may only regulate those matters expressly Within the authorized powers of the municipality. I tbink this is well within the meaninq of the -- of the nonhome rule provisionsp and I would urge approval.
PRESIDING OFFICER: (SENATOR DONAHUE) Thank you, Senator Butler. With leave of the Body, WICS-TV News Channel 20 has requested leave to photograph the proceedings. Is leave granted? Leave is granted. Is there discussion? Senator Hawkinson.
Thank you, Madam President. Will sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he tll yield, Senator Hawkinson .
Senatorr the original bill is still intack, is it?
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Butler. SENATOR BUTLER: I ' ' I 15 STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 109th Legislative Day May 20 , 1998 Yes, on the -- or , the reporting provisions. !
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
And -- and What Chapter of the Code and what are the l provisions of the original bill? PRESIDING OFFICER: (SENATOR DONAHUE) i Senator Butler . SENATOR BUTLER : ! ! It 's in the Municipal Code . Do you want actual numbers? PRESIDING OFFICER: (SENATOR DONAHUE) l Senator Hawkinson . i
i What does it do?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler. l
The underlying bill . i
PRESIDING OFFICER: (SENATOR DONAHUE) Senate . . . i I
The underlying bill provides that the record of proceedings of meetings shall be made available for public inspections within l seven days. It is now Een days. And this brings it Within the l realm of the Open Meetings Act . PRESIDING OFFICER: (SENATOR DONAHUE) ( Senator Hawkinson . .
i So the underlying bill is the Open Meetings Act. The first amendment is the Municipal Code with regard to ordinance violations and adm inistrative hearings , code violations, is that i I correct? 16 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Butler.
No . My understanding is this is within the Municipal Code , not the Open Meetings Act. It merely brings the two in conpliance .
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Hawkinson .
The second amendment, however, does not amend the Municipal Code , does it? It amends the Counties Code , does it not?
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Butler.
That 's correct .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler . Senator Hawkinson .
And it has nothing to do with Open Meetings Act, and it has nothing to do with code administration or violations - the second amendment does it?
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Butler.
No z that 's correct .
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Rawkinson.
To the bill, then, Madam Presidentl You know, we dve been much criticized, think unfairly, for violating the single-subject rule, because for years the practice in this Body , unfortunately , was to put these kinds of pieces of legislation together, and 17 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20 , 1998 much of the Illinois Revised Statutes was enacted in that manner without challenge . Howeverr recently we lve had -- recently we fve had Supreme Court decisions which have held us to a different standard , perhaps a correct one , but , nevertheless, a oubstantial change in how We do business. And they 've said that We -- we have to stick with the single-subject rule. I don't think this bill does To say that they al1 affect local government is no more a -- make it come within acceptable practice than does some of the court decisions that have failed to uphold some of our other Sta tuees, which were , for example, all initiatives of State 's Attorneys' offices. So I think we just have to be careful prospectively . We shouldn 't be enacting a Counties Code p rovision and a Municipal Code provision that have nothing to do w ith each other in the same bill, and for that reason, I Will be voting No.
PRESIDING OFFICER : (SENATOR DONAHUE) Senator -- is there further discussion? Further discussion? Senator Butler, to close .
Well , Senator , to that question , I understand that the burden of that rested in the original House action on the bill) however, there is a -- I've asked for a ruling on that, and my understanding is it is germane. Madam President, can I pull this out for a few seconds till we get that?
PRESIDING OFFICER: (SENATOR DONAHUE) Out of the record . SENATOR BUTLER I Thank ...
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Bowles , on Senate Bill 1328. Madam Secretary .
I move to concur with the House in the adoption of their Amendment No . 3 to Senate Bill 1328. 18 STATE OF ILLINOIS 9QTH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 109th Legislative Day May 20, 1998 Filed by Senator Bowles .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Bowles .
Thank you, Madam President, Members of the Senate. The House Amendment No. 3 retains the underlying bill; however, it adds thatr under limited circumstances, a stepparent has the legal ability or standing to petition the court for custody or visitation related to a stepchild. Standing to pursue this petition arises only where a1l - all - of significant list of conditions have been net: a child is at least twelve years old; the custodial parent and stepparent were married for at least five years during which the child resided With the parent and the stepparent; the custodial parent is deceased or disabled and is no longer capable of performing the duties of a parent to the child; the stepparent p rovided for the care , control and welfare of the child before cuskody proceedinqs were begun ; and the child w ishes to live with the stepparent; and the petition alleges that it is in the best interest of the child to live with the stepparent. It creates a rebuttable presumption that it is in the best interests of the child for the natural parent ko have custody. I would move to concur w ith House Amendment No . 3 . Be happy to answer any questions .
PRESIDING OFFICER: (SENATOR DONAHUE) Is tbere any discussion? Is there any discussion? This is final action . And the question is , shall the Senate concur in House Amendment No. 3 to Senate Bill 1328. Those in favor w1l1 vote Aye. Opposed, Nay. And the voting is open. Have al1 voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take the record . On that question , there are 58 Ayes, no Nays , none voting Present . The Senate does concur in House Amendment No . 3 to Senate Bill 1328 , and the bill, having received khe 19 STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 109th Legislative Day May 20, 1998 required constitutional majorityr is declared passed. If could have your attention for a ninute. Can you please be in your seats? Take your conferences off the Floor. I know things are happening, and therefs lots of things going on, but don't discuss it on the Senate Floor. Take it off the Floor. Senators, be in your seat. Senators, please be in your seats. The next will be Senator Mahar , on Senate Blll 1424 . Madam Secretary .
I move to concur with the House in the adoption of their Amendments l and 2 to Senate Bill 1424. Filed by Senator Mahar.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.
Thank you , Madam President, Members of the Senate . This is the third version of the DUI legislation that has been before this Body. This removes the objections of the State Bar Association. The new provisions are as follows : Permits the Secretary of State to issue a restricted driving permit for persons subject to the Mfour strikes, you're out''; permits the Secretary of State to issue a restricted driving permit after one year for second-time DUI offenders; third, the spousal protection provisions of the forfeiture Statute, limit to spouses only; and finally, provides a limitation on the number of court supervisions available for driving while license is revoked to one within in any ten -- ten-year period . As I say r I know of no opposition, and I would move to concur with Amendments No. l and 2 to Senate Bill 1424.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Senator Jacobs.
Thank you , Madam President, Ladies and Gentlemen of the 20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20z 1998 Senate . Would the sponsor yield?
PRESIDING OPFICER: (SENATOR DONAHUE) Indicates helll yieldr Senator Jacobs.
Senator: this is the same bill I think you sent over With some modifications, and I think When We sent it over there it had the felony in there for first-time offense . That is out of therey is that correct?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.
That is correct .
PRESIDING OPFICER: (SENATOR DONAHUE) Is there further discussion? Is there further discussion? Seeing none, this is final action, and the question is, shall the Senate concur in House Amendments l and 2 to Senate Bill 1424. All those in favor will vote Aye. Opposedr Nay. The voting is open . Have all voted Who wish? Have a11 voted who w ish? Have a1l voted who w ish? Take the record . On that question , there are 58 Ayes , no Nays , none voting Present . The Senate does concur in House Amendmenks l and 2 to Senate Bill 1424, and having received the required constitutional majority, is declared passed. Senator Luechtefeld, on Senate Bill 1500. Senator Luechtefeld. Out of the record . Senator Peterson, on Senate Bill 1568 . Madan Secretary .
I nove to concur With the Eouse in the adoption of their Amendments l and 2 to Senate Bill 1568 . Filed by Senator Peterson .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Peterson .
21 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 Thank you, Madam President and Members of the Senate. The origlnal bill provides that a plat of subdivision may be recorded before issuance of building permits for any lots in the subdivision. The intent is to place improved property on the tax rolls in a timely fashion so that property is assessed at proper values and taxing districts have access to correct tax base.
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Peterson, just a second. It's just a -- a low rumble going on. I know it doesn 't sound as much to you out there, but it is a great deal louder up here. Please be in your seats, take your conferences off the Ploorr and give your attention to Senator Peterson . Senator Peterson.
Thank you, Madam President. The first amendment in the House amends the original bill. It's basically a tecbnical amendment. The second House amendment clarifies reassessment and it has to do with it provides that routine repairs and maintenance of residential property , as defined in this Section, shall not increase the assessed value of the property. Defined repairs are those tbat do not increase the square footage, materially alter the existin: character or condition or do not upgrade from the oriqinal materials. This amendmenk seeks to clarify the second provision by stating that enhancinq the overall exterior and interior appearance and quality of a residence by restoring it from a state of disrepair to a standard state of repair do not materially alter the residence. And this is a clarification regarding existinq assessment practices. The Cook County Assessor is neutral and the Department of Revenue is neutral on the amendments . I ask for your support of the concurrence : Amendments l and 2 to Senate Bill 1568.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Senator Parker. 22 STATE QF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20: 1998
Thank you, Madam President. I just have a question to the sponsor.
PRESIDING OFPICER: (SENATOR DONAHUE) Indicates he lll yieldr Senator Parker.
I -- was reading my analysis here, and IIm a little bit confused on the last paragraph. This says that the -- I'm not sure . Maybe this -- What your amendment does is correct what this says here. But this says here the proposed language in House Anendment -- this does not. This Was corrected. I'm fine. Thank you .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Is there further discusslon? This is final action. And the question isr shall the Senate concur in House Amendments l and 2 to Senate Bill 1568. Those in favor will vote Aye. Opposede Nay. And the voting is open. Have all voted who wish? Have all voted who w ish? Have a1l voted Who wish? Take the record. 0n that questionp there are 58 Ayes, no Naysy none voting Present. The Senate does concur in House Amendments l and 2 to Senake Bill 1568, and the bill, having received the required constitutional majority, is declared passed. Senator Butler, on Senate Bill 1599. 0uE of the record . Senator O'Malley/ on Senate Bill 1610. Madam Secretary.
I move to concur with the House in their adoption of Amendments 2 and 3 to Senate Bill 1610 . Filed by Senator O 'Malley .
PRESIDING OPFICER: (SENATOR DONAHDE) Senator O 'Malley .
Thank you: Madam President, Ladies and Gentlemen of the 23 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 Senate. Senate (sic) Amendments 2 and 3 to Senate Bill 1610 deal with a coup le of issues. One -- the -- the -- actually , Amendment No. 3 represents the agreement concerning the original legislation of 1610 that was going to continue to be negotiated over in the House. And I know of no opposition to -- that's agreed language. In addition, Amendment No. 2, Which was requested by Representative Hoeft, adds language that allows school districts to sell personal property through sale leaseback procedures. I'd be happy to answer any questions you may have, and I would ask for our concurrence with those two amendments. Thank you .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? This is -- oh . Senator Cullerton . SENATOR CULLERTON I Yes. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he lll yield , Senator Cullerton .
Senator, you indicated that it's agreed language. Who -- Who were the negotiators in in terms of reaching the agreement?
PRESIDING OFFICZR: (SENATOR DONAHUE) Senator O 'Ma11ey .
Senator Cullerton , there -- a number of people Who Were -- expressed some concerns about the IGAP rewritez or the -- the -- the revision of the IGAP test, and in particular, the State Board of Education participated in the negotiations.
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Cullerton .
I'm just curious. What -- what are ''show your work'' questions? 24 STATE OF ILLINOIS ' 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20 , 1998 l
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Malley .
Those are the open-ended questions that were really the subject matter of the criticism of what Was qoing on in -- in the implementation of the broader -- or, the new IGAP to test i standards .
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Cullerton. Further discussion? Further discussion? Senator O 'Malley , to close . i
Again, Ild request concurrence With these two amendments. .
PRESIDING OFFICER: (SENATOR DONAHUE) This is final action, and the question is, shall the Senate concur in House M endments 2 an6 3 to Senate Bi.11 1610 . Al1 those in favor will vote Aye . opposed, Nay . And the votin: is open . Have all voted Who wish? Have all voted Who wish? Have al1 voted Who wish? Take the record . On that question, there are 55 Ayes, i no Nays y 1 voting Present . The Senake does concur i.n House ; Amendments 2 and 3 to Senate Bill 1610, and the bill, having i received the required conskitutional majority, is declared passed. Senator Parker, on Senate Bi11 1627 . Madam Secretary . I
I move to concur With the House in the adoption of their Amendment No . l to Senate Bill 1627. Filed by Senator Parker .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker. SENATOR PARKER : . Thank you , Madam President, Ladies and Gentlemen of the Senate. The amendment for Senate Bill 1627 does two thinqs. It changes the incentive grant program into a matching grant program , 1 ! 25 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20z 1998 and the second thing it does is adds new language to the fniversity of Illinois Act to change the boundaries referenced in the Statutes for the development area of the South Campus at the j i University of Illinois-chicago. And I remind you that the bill itself just creates tWo new grant programs for the Illinois Board 1 of Higher Education - an incentive grant proqram and a technology grant program - but then those grant programs now are matching grants . And I would ask for a favorable vote. PRESIDING OFPICER : (SENATOR DONAHUE) Is there any discussion? Senator Dudycz. SENATOR DUDVCZ: 1 Ves, Madam President. Just a -- a question of the sponsor, please. PRESIDING OPFICER : (SENATOR DONAHUE) Indicates she 'll y ield , Senator Dudycz . 1 SENATOR DUDYCZ: I Senator Parker, could you describe which five additional blocks are we -- are we adding to this area to square it off? i PRESIDING OFFICER : (SENATOR DONAHUE) E I Senator Parker. : I SENATOR PARKER : The project boundaries are Roosevelt Road on the north, Morgan i Street on the westz Union Street and the Dan Ryan Expressway on the east, and the 16th Street Railroad Embankment on the south. i Halsted street runs through this site from north to south . PRESIDING OFFICER: (SENATOR DONAHUE) j Is there further discussion? Senator Hawkinson. j SENATOR HAWKINSON : ! Thank you, Madam President. Senator, can you tell me - the I last amendment you described changes some boundaries in the 1 University of Illinois Act, and the original -- the other I amendment and the original Act had to do with a matching grant 1 I j 26 I STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Leg islative Day May 20 , 1998 p rog ram for technology : What do they have to do with each other and why do they -- Why would they satisfy the single-subject rule that that We noW have to abide by?
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Parker .
This -- this legislation has to do with higher education , and the University of Illinois and the other are grants for higher education.
PRESIDING OFFICER : (SENATOR DONAHUE) Is there further discussion? Is there further discussion? Seeing noner Senator Pa rker, to close .
I would ask for a favorable vote .
PRESIDING OFFICER : (SENATOR DONAHUE) This is final action, and the question is, shall the Senate concur in House Amendment No . l to Senate Bill 1627 . All those in favor will vote Aye . Opposed , Nay . And the voting is open . Have a11 voted who wish? Have all voted who Wish? Have a1l voted who wish? Have all voted who Wish? Take the reco rd . On that question , there are 48 Ayes , 2 Nays, 2 -- 5 voting Present. Say that again : 48 Ayes, 2 Nays: 5 voting P resent . The Senate does concur in House Amendment No . l to Senate Bill 1627, and the bill, having received the required constitutional majorityy is declared passed . With leave of the Body , we dll come back to Senate Bill 1700. Senator Parker, on Senate Bill 1835. Madam Secretary .
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1835. Filed by Senator Parker.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker. 27 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCR IPT 109th Legislative Day May 20s 1998
Thank you , Madam Chairman -- orp Madam President p Ladies and Gentlemen of the Senate . The amendments are two . One -- first one is merely technical, cbanging some of the -- the wording, and the second one takes out bankers as mandated reporters and what it does is put in the word ''financialz'' and they will be Working with the Senior Coalitiony the Eldersl Rights Coalition, on these issues. They need more education in exactly how to address reporting on financial abuses. And those are the only two changes . Otherwise we have this agreed-to language for the amendment for the Elder Abuse and Neglect Act , and I Would ask for a favorable vote .
PRESIDING OFPICER: (SENATOR DONAHUE) Is tbere any discussion? Is there any discussion? This is final action, and the question is, shall the Senate concur in House Amendment No . and 2 to Senate Bill 1835. Those in favor will vote Aye. Opposedr Nay. And the voting is open. Have all voted who wish? Have a11 voted who Wish? Have all voted who wish? Take the record . On that question , there are 57 Ayes , no Nays, none voting Present . The Senate does concur in House Amendments l and 2 to Senate Bill 1835, and the bill, having received the required constitutional majority, is declared passed. Senator Klemm y on Senate Bill 1867. Madam Secretary .
move to concur with the House in the adoption of their Amendment No . l to Senate Bill 1867. Filed by Senator Xlemm .
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Klemm .
Thank you, Madam President, Ladies and Gentlemen of the Senate . move to concur with House Amendment No . l to Senate 28 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 Bill 1867. This clarifies, with the help of the Department of Revenue , the original language in the bill to say that if a mental health board does not access a11 that it is entitled to under the property tax cap, then the unused portion does not default to the governing authority for them to spend and increase taxesr but it just does not get spent. This will help to lower the property taxes for our residents , and I ask for your support .
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Jacobs.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Jacobs.
Senator, I -- I think what youlre doing is noble, because to take away money from mental health to fund the rest of government is not right, and I know that's what you're trying to take care of. But I -- I do have a question. I guess I'm curious. By doing this action, are we opening the door to have tax cap by fund, rather than by governments?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm .
No. This is a common practice that we have on individual taxes. This does not allow them to exceed the tax cap in any way , plus what it doesz which is different than any other taxing district, it still has to have the budgeted amount and the levy established by the governinq authority . Unlike stand-alone tax groups , they can do théir oWn levying , they can do their own budgeting . This will not allow them Eo do that. It keeps under existing law . 29 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 109th Legislative Day May 20 , 1998
PRESIDING OPFICER: (SENATOR DONAHUE) Senator Jacobs.
So what you lre really doing in this case is protecting your mental health funds to ensure that the local governments give them their fair share, rather than including them in the total package, which then is -- is subject to the tax cap, and they move their funds around internally. I think that's a shame that they do that .
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Klemm , to closet This is final action, and the question is, shall the Senate concur in House Amendment No . l to Senate Bill 1867. Those in favor w ill vote Aye . opposed, Nay . The voting is open. Have a11 voted who wish? Have all voted Who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present . The Senate does concur in House Amendment No . l to Senate Bill 1867, and the bill , havin: received the required constituEional majority, is declared passed.
PRESIDING OPPICER: (SENATOR DUDYCZ) Previously Senator Butler sought leave to have -- to be able to rekurn to Secretary 's Desk, Concurrence , Senate B ills, Senate Bill 1280 . Madam Secretary , read the mokion .
I move to concur with the House in the adoption of their Amendments 2 and 3 to Senate Bill 1280 . Filed by Senator Butler.
PRESIDING OFFICER : (SSNATOR DUDYCZ) Senator Butler.
Thank you . Ladies and Gentlemen, we debated this a feW m inutes ago , and I have -- it 's been have been advised that 30 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 this is an Act concerning local governmentr and that covers the question of whether or not it's germane. So Would move co ncu rrenc e .
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? Senator Hawkinson.
Thank you , M r. President . Only to note that the question of gernaneness does not necessarily answer the question as to whether a bill violates the single=subject rule. These have unrelated provisions in the Municipal Code and the Counties Code . I think we 've got to learn our lesson as a Legislature and -- and stop taking these House amendments that have nothing to do with the original bill and the original tone . And for that reason alone, I 1m going to vote No .
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall the Senate concur in House Amendments No . 2 and 3 to Senate Bill 1280 . All those in favor Will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted Who Wish? Take the record . On that question , there are 45 Ayes, 5 Nays , 3 voting Present. And the Senate does concur in House Amendments No . 2 and 3 to Senate Bill 1280, and the bill, having received the required constitutional majority, is declared passed. ...your attention to page of the Supplemental Calendar No . to Secretary 's Desk , Concurrence: on Senate Bills. Senate Bill 1700 . Senator Donahue . Madam Secreta ry , read the motion .
I move to concur with the House in the adoption of their Amendments l and 3 to Senate Bill 1700 . Filed by Senator Donahue .
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Donahue . 31 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998
Thank you , Mr. President, Ladies and Gentlemen of the Senate . I Would move to concur in House Amendments No. l (and 3) to Senate Bill 1700. If you remenber When the original bill passed here, We had taken out -- as it was introduced actually, it contained an omnibus Public Aid bill to bring us into compliance with federal rules and regulations, and I had serious concern about tWo points of that: and that was one of a central registry and a central disbursement. We've been able to come together and agree on the central registry and that 's what House Amendment No . l does . And House Amendment No. 3 deletes the private process server language in the underlying bill and that was the change that was requested by the -- the Sheriffs ' Association . I think the bill is now in - - in pretty good form, and I would ask for support of the concurrence motion to approve Amendments l and 3 .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Smith.
Thank you y Mr . President , Ladies and Gentlemen of the Senate . I urge the -- our side over here to please support this p iece of legislation. It Was in committee today and it has been significantly improved , and I would like for us to give them an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Welch. Patrick Welch.
I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she w ill yield . Senator Welch .
Senator Donahue , my analysis says that the -- the Child % Support Information Act i.s repealed . Can you tell me what that 32 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 was and Why we dre repealing that?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue .
The bill that we passed last year, Senate Bill 1707, conta ined language and it's unnecessary now. I mean, it's contained in last year 's legislation . We rolled it all into one big Act.
PRESIDING OFFICER: (SENATOR DVDYCZ) Senator Welch .
So itîs already in existence. It's just deleted from this bill. Okay . Thank you .
PRESIDING OFFICER : (SENATOR DUDVCZ) Is there any further discussion? If not, the question is, shall the Senate concur in House Amendments No. l and to Senate Bill 1700. A11 those in favor Will vote Aye. Opposed Will vote Nay . The voting is open . Have a11 voted who wish? Have a1l voted who wish? Have a1l voted Who w ish? Take the record . On that question, there are 57 Ayes, no Nays, none voting Present. And the Senate does concur in House Amendments No. l and 3 to Senake Bill 1700, and the billg having received the required constitutional majority, is declared passed. ...turn your attention to the bottom of page 3 of Supplemental Calendar No . 1 . We will be going to the Order of Conference Committee Reports . On the bottom of page 3 of Supplemental Calendar No . l is a conference comm ittee report on House Bill 1699 . Madam Secretary, do you have a file -- on file a conference committee report on House Bill 1699?
Yes. First Conference Comm ittee Report on House Bill 1699 .
PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Parker. 33 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998
Thank you, Mr. President, Ladies and Gentlemen of the Senate . I would respectfully request everybody to vote No on this. What We want to do is to kill this conference report and we have already -- appointing a second conference report. And on the second conference report, we will be putting the advisory committee for the immunization issue : which We already voted out of here , and then there is going to be a cancer registry for children. That is an issue for Public Health. And We'd like the opportunity to look at those issues. So please, everybody , vote No .
PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall the Senate adopt Conference Committee Report No. 1 on House Bill 1699. A1l those in favor will vote Aye . Opposed Will vote Nay . The voting is open. Have all voted who Wish? Have all voted who Wish? Have all voted who w ish? Take the record . On that question , there are 7 Ayes, 49 Nays, none voting Present . And the conference committee report is not adopted, and the Secretary shall so inform the House . Top of page 4 of Supplemental Calendar No . l is -- a conference comm ittee report on Senate Bill 1031. Out of the record . If you turn your attention to your regular Calendar, the top of page 7, to the Order of Secretary 's Desk, Concurrence, on Senate Bill -- Senate Bill 1224 . Madam Secretary , read the bill .
I move Eo concur with the House in the adoption of their Amendment No . to Senate Bill 1224 . Piled by Senator Dillard .
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Dillard.
Thank you , M r. President , Ladies and Gentlemen of the Senate . 34 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 Senate Bill 1224 is what has been commonly referred to z I guess: as the ''date-rape drug bill''. And what we 're trying to do here is say that a rapist who uses a drug in committing a sexual assault will be prosecuted as if he or she used a knife, a gun or another deadly weapon. And these neW types of crimes that are out there often, when they put a drug in somebody 's food or drink or it 's ingested? renders the victim unconscious and it clouds their memo ry and is a real problem for prosecutors z especially when your witness does not have a total recollection of what happens out tbere. So what wefve done here is say that if you drug someone without their consent: it is -- it is going to hold extremely stiff penalties, a sentence that Will be at least six years and up to thirty years. This bill is supported by the State's Attorneys Association, the Sheriffs' Association and the Association of Chiefs of Police. Ild be happy to answer any questions. PRESIDING OFFICER : (SENATOR DUDYCZ) Is there any discussion? If not -- Senator Cronin . SENATOR CRONIN : Thank you: Mr . President, Ladies and Gentlemen of the Senate . I have a couple of questions for the sponsor, if he lll yield . PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor indicates he will yield . Senator Cronin. SENATOR CRONIN : For purposes of legislative intent, Senator Dillard, is it the intent of Senate Bill 1224 to prohibiE physicians from p rovidinq certain information and test authorization forms to sexual-abused or assault victims who were given certain drugs without their consent? PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Dillard. SENATOR DILLARD : No, it's not, Senator Cronin. There's no intention to change 35 1 STATE OF ILLINOIS 90TH GENXRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 any relationship between doctors and their patients or doctors and hospitals . If a physician is willing and agrees to participate in this process as the hospital's designated individual for these purposes , that physician should be able to provide such information and material to the victim .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin .
Senator Dillard, is it the intent of Senate Bill 1224 to alter, change, modify or regulate the way hospitals counsel and care for victims of sexual abuse or assault?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard .
Once again, no. Senate Bi11 1224 is not intended to affect health care practices and procedures currently in place at hospitals regarding the care and counseling of victims of sexual abuse or assault. The status quo in this regard is unchanged .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Shaw .
Yes. Thank youy Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Shaw.
I just wanted to ask one question. Let's assume, Senakor Dillard, thak we are out in a club. I have my -- or, you have your girlfriend out in a club . You get up and go -- you leave your drinks on the tabler you go to the dance floor, you and your friend dance . When you return, somebody has put something in your girlfriend 's drink . What happens to you at that point? Do you get charged if she make a complaint, or what happens at that 36 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20 , 1998 point? And how do you -- hoW do you get out of that? How does one get out of that scenario?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator D illard .
Senator Shawp nothing Would happen to you or me because we didn't place the drug in her drink.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Shaw .
How do you p rove Who placed it there?
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Dillard .
Senator Shaw z it 'd be the same way that I would prove that I didn 't shoot somebody . If I was standing in a crowd and a bullet came flying out of the crowd, you Would prove that you didn't do it the same way you 'd prove a number of other crimes that are on the books today .
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Shaw .
In this -- Wouldn 't this become your word against hers at that point , plus the fact she have the evidence of the drug in her system? HoW does -- how do you counteract that? She has the drug and you just -- and she's complaining about you. She have the drug in her system. How do you get around that?
PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Dillard .
7ou have to prove beyond a reasonable doubt , or the prosecution would against you, that you Were the one that used and 37 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20r 1998 put the drug, first of allr in her food or drink, and secondly, i that you actually crim inally , sexually assaulted someone . But : ( again , it 's beyond a reasonable doubt. There 's no inferences in here, and this is no different than some type of offense that's on the books today, in terms of your innocence. 7ou are assumed innocent .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Trotter.
Thank you very much, Mr. President. Will the sponsor yield?
PRESIDING OFFICER : (SENATOR DUDYCZ) Sponsor indicates he will yield . Senator Trotter.
Yes. Senator Dillard , I certainly understand the intent of your bill and I applaud you for putting it forward. Just one queskion . Seemingly , one of khe groups that would be wholly , i wholly in favor of this, the Illinois Coalition Against Sexual Assault, is opposed to it . What is that about?
PRESIDING OFFICER: (SENATOR DUDYCZ) i senator Dillard. i i SENATOR DILLARD 1 : j i What I think it 's about, Senator Trotter - and I i j 1 wholeheartedly disagree with them - is they believe that if a i woman or a man r whoever was assaulted , takes a drug test, the test that would be used here to elevate this to a aggravated type of situation : if there are other , for example , illegal drugs that come up in the urine test or the test, such as cocaine or i something like that, that it Would be used against that Witness in l a trial. And again r I guess I have to say what I said to Senator Berman when we debated this bill on 3rd Reading . The test to make this an aggravated offense is voluntary , and if a woman or a man , whoever Was sexually assaulted , does not want to take the test to i . 38 k STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 109th Leqislative Day May 20 , 1998 1 elevate this to the aggravated offenses - it 's voluntary - they don 't have to take it . And secondly, if you don 't take that test , there already are laws on the books today to put behind bars, if you can have the State's Attorney prove it, that person for the laws that a re on the books today . So you can -- already , if you prove this person guilty, send them to jail. But what this does is ! it aggravates the penalties for this type of offense, makes it a little easier. But the test is volunta ry , Senator Trotter. They just want total immunity if any other illicit drugs show up in the test , and , believe me, the State 's Attorneys Association would be opposed to letting people off carte blanche that m ight have other drugs; illegal drugs, in their -- their test . PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? Is there further discussion? Th is is final action, and the question is, shall the Senate concur in i House Amendnent No. l to Senate Bill 1224. Those in favor will j I vote Aye. Opposed, Nay. And the voting is open. Have all voted ' who wish? Have all voted who wish? Have a11 voted who wish? 1 I Take the record . On that question , there are 55 Ayes y no Naysp 1 I i voting Present . The Senate does concur in House Amendment No . 1 to Senate Bill 1224, and the bill, having received the required i ; i constitutional majority, is declared passed. Introduction of i I Bills. ! ACTING SECRETAR: HAWXER: I ! Senate Bill 1946 , offered by Senator Carroll. I (Secretary reads title of bill) i I I lst Reading of the bill . ' PRESIDING OFFICER: (SENATOR DONAHUE) i i Senator Klemm, for what purpose do you rise? j i SENATOR KLEMM : q Madam President, as long as we have a lull right now , I thought I would announce that the Executive Committee Will be 39 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 109th Legislative Day May 20 , 1998 meeting at 8 o 'clock tomorrow morning in Room 212 . We have one or two item s. It '11 be short, but I Want to at least 1et everybody 1 I know we do have a meeting . 8 o 'c lock, 212. Thank you . 1
PRESIDING OFFICER: (SENATOR DUDYCZ) Messages.
Message from the President. Mr. Secretary - Pursuant to the provision of Senate Rule 2-l0(e), I hereby extend the deadline for final action on the I following categories of billsr with specific bills enunerated I . I under these categories, to January 1st, 1999: 1 Human Services, ipecifically: House Bill 3837 and Governmental Ethics, specifically: House Bill 672. I Filed May 20th , 1998, and signed by President Philip .
PRESIDING OFFICER: (SENATOR DUDXCZ) Committee Reports .
Senator Weaver, Chair of the Comm ittee on Rules, reports the following Legislative Measures have been assigned : Re-referred from the Executive Committee to the Rules CommitEee - House Bill 672; re-referred from Insurance and Pensions Committee to the Rules Comm ittee - Motion to Concur With House Amendment l to Senate Bill 1901: referred to the Committee on Education - Senate Amendment 8 to House Bill 28447 to the Comm ittee on Executive - Senate Joint Resolution 73; to the Comm ittee on Judiciary - the Motion to Concur with House Amendments ly 2 , 3 and 4 to Senate Bill 1506 7 to the Committee on Licensed Activities - the Motion to Concur With House Amendments 1 and 2 to Senate Bill 12517 and Be Approved for Consideration - Senate Bill 600 and House Bills 383 and 672 .
PRESIDING OFFICER: (SENATOR DUDYCZ) Supplemental Calendar No. 2 has been distributed. It is 40 STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20, 1998 sitting on each Member's desk. If you bring your attention to Senate Supplemental Calendar No . 2, in the O rder of House Bills 2nd Reading . House Bill 383 . Senator Cronin, do you wish the bill read? Mr. Secretary, read the bill.
House Bill 383 . (Secretary reads title of bill) 2nd Reading of the bill . No committee o r Floor amendments .
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . House Bill 672. Senator Butler. Mr. Secretary , read the bill .
House B ill 672 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER : (SENATOR DUDYCZ) 3rd Reading . Resolutions .
Senate Joint Resolution 74, offered by Senators Luechtefeld , Myers and others . And Senate Joint Resolution 75, offered by Senators Kehoez Welch and others . They lre both substantive .
PRESIDING OFFICER: (SENATOR DUDVCZ) Chair appreciates the attentiveness of the Body . Chair will remind the Membership that there will be committee meetin: notices going out this evening for tomorrow morning. There Will be comm ittee hearings tomorrow morning . Notices will be -- will be coming out this evening . Is there any further business to come before the Senate? Senator Demuzio .
Well, could you give us the courtesy of telling us what time 41 STATE 0F ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20 r 1998 and what committees are going to be meeting in the morning? When -- when we leave here, then We have no way of any communication . I mean ... In the mail. I heard that . I like khat one . That 's good .
PRESIDING OFFICER: (SENATOR DUDYCZ) We'll get back to you in a moment, Senator Demuzio. Senator Geo-Karis .
Mr. President, what time are we coming in tomorrow?
PRESIDING OFFICER : (SENATOR DUDYCZ) We will be going -- coming in at 10 o'clock tomorrow morning. Senator Demuzio . SENATOR DEMUZIO : ' I was going to ask that same question too , but... PRESIDING OFFICER : (SENATOR DUDYCZ) . Well r you can come in at 10 also , Senator Demuzio . Senator Demuzio, there will be committees meeting tomorrow at 8, 8:30 and 9 o 'clock , and the postings will be on the Senate bulletin board in a few m inutes . They Will be all posted outside the Senate Chamber on the bulletin board . The Chair has not received the -- the schedule of which committee is meeting at Which room at which time yet , but they will be posted shortly on the bulletin board . Senato r Demuzio .
Well r then , for other -- further edification, are *e , in effect then , wrapping up our business at this moment so ...
PRESIDING OFFICER: (SENATOR DUDYCZ) That 's correct.
You know , it rem inds me of going to college -- back to college where I have to stand around now and wait to see What 's being posted on the board so I can find out so I can leave the building. 42 i STATE OF ILLINOIS 90TH GENERAL ASSEMBLX , REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day May 20z 1998 I mean, we don 't have any idea what comm ittees are meeting tomorrow? Surely we know what -- which ones are going to meet. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further business to come before the Senate? If not, Senator Weaver moves the Senate stands adjourned until the ! ! hour of 10 a.M.: Thursdayz May 21st. The Senate stands adjourned. i I ! i ! i ! ( t i i l l i I I I 43 / REPORT: TIFLDAY STATE OF ILLINOIS 98/07/09 PAGE: 001 90TH GENERAL ASSEHBLY 10:M2:3k SENATE DAILY TRANSCRIPTION OF DEBATE INDEX HAY 20? 1998 H8-0383 SECOND READING H8-0383 OTHER HB-0672 SECOND READING HB-0i72 OTHER H8-1699 CONFERENCE SB-0Rk5 CONCERRENCE SB-0560 NON-CONCURRENCE SB-1203 NON-CONCERRENCE SB-1210 CONCURREHCE SB-122) CONCURRENCE SB-12#6 NON-CONCURRENCE SB-1280 CONCURRENCE SB-1280 CONCPRRENCE SB-1280 OUT OF RECORD 58-1328 CONCURRENCE SB-142k CONCURRENCE 58-1568 CONCURRENCE SB-161O CONCURRENCE 58-1627 CONCDRHENCE SB-1664 CONCURRENCE SB-1T00 CONCURRENCE 38-1705 COHCURRENCE 58-1835 CONCURRENCE SB-1867 CONCURRENCE SB-19k5 FIRST READING 58-1946 FIRST READING SR-0216 RESOLUTION OFFERED SR-0217 RESOLUTION OFFERED SJR-007k RESOLUTION OFFERED SJR-0075 RESOLUTION OFFERED SUBJECT HATTER SENATE T0 ORDER-PRESIDENT PHILIP PAGE 1 PRAYER-THE REVEREND HENRY SOLES PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOURNALS-POSTPONED PAGE 2 COHMITTEE REPORTS PAGE 2 MESSAGES FROH THE HOPSE PAGE 3 COHMITTEE REPORTS PAGE tl SENATE STANDS AT EASE/SENATE RECONVENES PAGE 5 COMHITTEE REPORTS PAGE 5 HESSAGES FROH THE HOUSE PAGE 6 SENATE STANDS AT EASE/SENATE RECONVENES PAGE MESSAGE FROM TBE PRESIDENT PAGE k0 COMHITTEE REPORTS PAGE 110 ADJOURNHENT PAGE 43