The regular Session of the 90th General Assembly will please come to order. Will the Members please be at their desks? And will our guests in the galleries please rise? Our pastor today will be given -- our prayer today will be given by Pastor Patty Johansen, United Methodist Church, Rochester, Illinois. Pastor Johansen .
(Prayer by Pastor Patty Johansen)
Please remain standinq for the Pledge of Allegiance. Senator Sieben.
(Pledge of Allegiance, 1ed by Senator Sieben)
Reading of the Journal . Senator Geo-Karis.
Mr . President, I move that reading and approval of the Journal of Tuesday, December in the year 1998, be postponed p pending arrival of the p rinted Journal.
Senator Geo-Karis moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There bein: no objection, so ordered. Committee Reports .
Senator Burzynski, Chair of *he Committee on Licensed Activitiesr reports House Btll 2688 Do Pass, as Amended, and Senate Bill 859 , the First Conference Comm ittee Report, Be App roved for Consideration . Senator Klemm r Chair of the Committee on Executive g reports House Bill 2805 Do Pass , as Amended . i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY . REGULAR sEssloN SENATZ TRANSCRIPT i 117th Legislative Day December 2. 1998 ( And Senator Cronin, Chair of the Committee on Education, i reports House Bill 448 Do Pass, as Amended, and Senate Amendment 3 to Senate Bill l Be Adopted. PRESIDENT PHILIP : ' Messages from the Eouse . SECRETARY NANRX : l Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Rep resentatives has refused to concur with the Senate in the adoption of their amendment to a bill of the following t itle , to w it : House Bill 1670 , with Senate M endment No l . Nonconcurred in by the House, December lst , 1998 . PRESIDING OFFICER: (SENATOR DONASUE) Messages . SECRETARY WADRY : Message f rom the M inority Leader y dated December lst z 1998 . Dear Mr . Secretary - Please be advised that I have made the following appointments : Senator Kimberly Lightford to the Executive Com itkee and Senator Em il Jones as Spokesperson of the Executive Com ittee . These appointments are effective immediately . PRESIDING OFPICER : (SENATOR DONAHUE ) Resolutions . SECRETARY HANRY : Senate Resolution 269, offered by Senator Petka and a1l Members . Senate Resolution 270 , by Senator Lauzen and a1l Members . Senate Resolution 27l, Senator Rauschenberger and a1l Members. Senate Resolution 272 r Senator Clayborne and al1 Members . Senate Resolution 273, Senator Hawkinson and all Members . Senate Resolution 274 and 275, by Senator Demuzio and all 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislaelve Day December 2, 1998 Members . They 're all death resolutions: Madam President.
PRESIDING OFPICER: (SENATOR DONAEUE) Consent Calendar. Senator Luechtefeld , for what purpose do you rise?
Thank your Madam Chairman. Por point of personal privilege.
PRESIDING OFPICER : (SENATOR DONAHUE) Please state your point.
In the gallery behind this side of the aisle are the students from the Nashville Middle School and their teachers . Come here to witness the Senate and -- and look at the -- our Capitol. I would like , if you will, if they Would stand and if we would welcome them . Nashville...
PRESIDING OFFICER : (SENATOR DONAHUE) Will you please rise and be welcomed by the Illinois Senate?
. . . Middle School .
PRESIDING OFPICER: (SENATOR DONAHUE) . . e have a group with us today. And I -- khe Chair will yield to Senator Bomke .
A1l right. Thank you. Ladies and Gentlemen of the Senate, it is my pleasure to introduce to you the IHSA Class A Soceer State Champions, Sacred Heart-Griffin H igh School . I 'm very proud of this group . Springfield is quickly becom ing not only renowned for Abraham Lincoln, but Soccer State Championshipsr 'cause we had one here last year. Is a great pleasure to introduce this group of young men to you. I have with me Represenkative Poe and Representative Klingler. Before I get to them , Coach Tate, would you like to say a few words? 3 STATE OF ILLINOIS 1 90TH GENERAL ASSEMBLY REGULAX SESSION SENATE TRANSCRIPT 1 117th Legislative Day December 2, 1998 ' I
(Remarks by Sacred Heart-Griffin Soccer Coach Tate) SENATOR BOMKE: 1 Representative Klingler (sic) (Poe). !
These boys are in my district and I just want to -- congratulationts) to them and all the enthusiasm they bring the City of Springfield. We're quite proud of 'em as a City. And we hope we do this every year. Thank you. SENATOR BOMKE ) I ! I Well, you -- youlve already offered a round of applause. ' I Let , s do it one more time . ! , in jotning me in applauding the Soccer State Champions, Sacred Heart-Griffin High School. !
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis, for what purpose do you rise? p 1 SENATOR GEO-KARIS : ' Point Of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHDE) Please state your point. i SENATOR GEO-KARIS : i I'm delighted Eo tell this astute audience today thae the ' father of our presiding officer today, Larry Rent, is with us from Quincy, Illinois. He was here. PRESIDINGOFFICER: (SENATORDONAHUE) 1 Yes. Dad, will you rise and be recognized by the Illinois ' Senate?
There he is. Lek's welcome him aboard. PRESIDINGOFFICER: (SENATOR DONAHUE) 1 For the information of the Bodyg we will be going eo paqe 5 on today's Calendar, Order of Motions in Writtng to Accept Specific Recommendations for Change. If you will eome to the Floor and be I 4 STATE OP ILLINO IS 90TH GBNERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Leg islative Day December 2, 1998 in your seats. Senator Peterson, on House Btll 2367. Madam Secretary, read the motion. ACTING SECRETARY HAWRER : ' I move to accept the specific recommendations of the Governor as to House Bill 2367, in manner and form as follows: Amendment to House Bill 2367 in Acceptance of Governor's Recommendations Filed by Senator Peterson .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Peterson .
Thank you, Madam President. House Bill 2367: as it went to the Governor's desk, provided for designation by a current quardian of a disabled adulk of a standby guardian to act on an interim basis as guardian upon the death of the current guardian and other circumstances, for a period of sixty days. We also added -- believe it was a Senate bill sponsored by Senator Cullerton, reqardinq revisions in the Probake Act recommended by khe Chicago Bar. The amendatory veto message recommended that the Dniform Disposition of Unclaimed Property Act be further amended to add a provision that an account into which money of a minor is deposited pursuank to provisions of ehe Probake Act of 1975, regarding deposit or investment of money of a ward, shall indicate the birthdate of the minor. And I move to accept the Governor's amenda tory veto .
PRESIDING OFFICER: (SENATOR DONAHDE) Senator Peterson has moved to accept the specific . recommendations of the Governor as to House Bill 2367. Is there ' any discussion? Is there any discussion? Seeing none , the question is, shall khe Senate accept the speeific recommendations ! of the Governor as to House Bill 2367, in the manner and form just ! stated by Senator Peterson. Those in favor will vote Aye. 1 1 5 k . STATE OF ILLINOIS j I 90TH GENERAL ASSEMBLY REGULAR SESSION SENAQE TRANSCR IPT 117th Legislative Day December 2, 1998 1 Opposed, Nay. And the votlng is open. Have a1l voted who wish? Have all voted who kish? Have al1 voted Who Wish? Take the record. On that queskion, there are 56 Ayes, no Nays: none voting I Presenk. The Specific recommendabions Of the Governor as to House 1 1 . Bill 2367, having received the constitutional majority, is hereby j declared passed. Senator Luechtefeld , on House Bill 31297 Read I I the motion, Madam Secretary. ! I ACTING SECRETARY HAWKER : I I move to accept the specific recommendations of the Governor ! ! as to House Bill 3129 , in manner and form as follows l I Amendment to House Bill 3129 ! I in Acceptance of Governor's Recommendations I Filed by Senator Luechtefeld. I 1 PRESIDING OFFICER: (SENATOR DONAHUE) j Senator Luechtefeld . 1 1 SENATOR LUECHTEFELD ) 1 Thank you , Madam President, Members of the Senate. House Bill ! I 3129 creates the Kyoto Protoeol Act of 1998. It prohibits the ! Illinois Environmental Protection Agency and the Illinois I I Pollution Control Board from making any -- any commitment 1 regarding or adopting new rules regarding the reduction of I I greenhouse gases without General Assembly approval. The I G I overnor's recommend -- recommended that -- additional language, that nothlng in the Act shall be construed to limit or impede the w authority of the IEPA or the Pollution Control Board to propose or adopt, enforce rules or laws which implement the federal Clean Air 1 Act or to llmit or impede State or private participation ln any 1 1 ongoing voluntary initiatives to reduce emissions of greenhouse 1 sases. This was accepted -- the Governor's proposal was accepted in the House ll5 ko 0. I move that We accept the Governor 's recommendation . PRESIDING OFPICER: (SENATOR DONAHUE) . I 1 6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCR IPT 117th Leqislative Day December 2: 1998 Is there any discussion? Is there any discussion? Seeing none, the question is, shall the Senate accepe the specific recommendations of the Governor as to House Bill 3129, in the . manner and form just stated by Senator Luechtefeld. Those in I favor will vote Aye. Opposed, Nay. And the voting is open. Have E a11 voted Who wish? Have a1l voted who wish? Have all voted who wish? Take the record . On that queskion r there a re 56 Ayes, no Nays, none voting Present. The specific recommendations of the Governor as to House Bill 3129, having received the required constitutional majority vote of Senators electedr is declared ' passed. Further down on page 5, on the Order of Motions in Writing to Qverride the Specific Recommendations of Change: is I ! Senator Cullerton, on House Bill 1151. Out of the reeord. Senator Parker, on House Bill 23707 Madam Secretary , read the motion. 1 ACTING SECRETARY HAWKER : I 1 , I move that House Bill 2370 do pass, the specific recommendations of the Governor to the contrary notwithstanding. I : Filed by Senator Parker. j PRESIDING OPFICER : (SENATOR DONAHUE) I senator Parker. I SENATOR PARKER: . I Thank you, Madam President: Ladies and Gentlemen of the 1 . 1 . Senate. I respectfully request an override of the amendatory veto of House Dill 2370. The Governor ls amendatory veto excludes the I applieation of the guarantee of reliqious freedom to persons... ' PRESIDING OFFICER: (SENATOR DONAHUE) I Excuse mer Senator Parker .
Okay .
PRESIDING OPFICER: (SENATOR DUNAHUE) Take your discussions off the Floor . And will the Senators -- i 7 l I 1 STATE OF ILLINOIS i 90TH GENERAL ASSEMBLY REGULAR SESSION ! I SENATE TaxxscRzpT . l . 117th Legislative Day December 2: 1998 be in your seats and give your attention to Senator Parker. SENAQOR PARKER : Thank you, Madam President. The Governor's amendatory veto excludes the application of the guarantee of religious freedom to persons in Illinois prisons, jails and reformatories, wheeher adults or juveniles, and even persons awaiting trial and still presumed innocent. The concerns that ehe Governor expresses were addressed thoroughly by khe many groups and organizations that supported this legislation before it was introduced, at not only khe State level, but the federal Reliqious Freedom Restoration Act, which is in effect. Other states now passing RFA (sic) (RPRA) have no exemptions. This legislation passed unanimously through the General Assembly in the spring Session, in fact unanimously twice ehrough this Chamber. I respectfully request an ' override of the Governor's amendatory veto, and will answer any questions. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Hendon . SENATOR HENDON : Thank you, Madam Presidenk. Will the sponsor 'yield? PRESIDING OFFICER: (SENATOR DONAHUE) Indieates shetll yield, Senator Hendon. SENATOR HENDON : Senator Parker, in the Governorls amendatory veto, did he take ouk the rights of -- of those who are incarcerated to practiee religious freedom? Is that whak -- what's going on? PRCSIDING OFPICER: (SENATOR DONAHUE) Senator Parker . SENATOR PARKER : Ves, Senator. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon . 8 I 1 STATE 0P ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day December 2, 1998 ! SENATOR HENDON : ! so , by voting with you, we will put that back in, that will ' remain in there, so someone incarcerated can practice. Correct? PRESIDING OFFICER) (SENATOR DONAHUE) Senator Parker.
Right. If you vote with me, it will be as it unanimously passed this Assembly .
PRESIDING OFPICER: (SENATOR DONAHUE) Is there further discussion? Is there further discussion? Seeing none, Senaeor Parker. to close.
Thank you . I would ask for an Aye vote .
PRESIDING OFFICER : (SENATOR DONAHUE) The question isr shall House Bill 2370 pass, the specific recommendations of the Governor as to the contrary notwithstandinq. Those in favor will vote Aye. Opposed, No. 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 55 Ayes: no Nays, 2 voting Present. House ! Bill 2370: havlng received the requtred three-fifths vote, is ! ! declared passedz the veto of the Governor of (sie) (to) the ! ! contrary notwithstanding. With leave of the Body, we will rekurn I to House Bill 1151 . Senator Cullerton? Read *he bill : Madam 1 . 1 Secretary . 1 1 ACTING SECRETARY HAWKER : I 1 I move that House ... I I PRESIDING OFPICER: (SENATOR DONAHUE) i 1 Read the motion. j ACTING SECRETARY HAWKER I : 1 I move that House Bill 1151 do pass the specific 1 I z recommendations of khe Governor to the contrary noewlthstanding. l I i 9 STATE OF ILLINO IS 90TH GENBRAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day December 2, 1998 i Filed by Senator Cullerton . PRESIDING OFFICER: (SENATOR DONAHUE) Our conversations are getting a little out of hand. Senator Cullerton . SENATOR CULLERTON : Thank you, Madam President: Members of the Senate. This is a motion to override the Governor's amendatory veto. This is a bill which passed out of the Senate 55 to nothing . You may recall, we've debated this bill a couple years ago. There was a similar amendatory veto, whlch on override failed. So we came back to the drawing board. We worked on a compromise and we reached the support of many moré people who had been previously opposed. This bill deals with and comes out of an incident thak s you may recall, occurred up in Zion at a -- a swimming pool. There was a -- a -- a death occurred when someone drowned and it was alleged that the - - the lifeguard was not paying attention. He had been warned: There's somebody drowning; you've got to come and help him . And he said , ''Ah , I'm talking to my friend . I -- I don 't even believe you that anybody drownedg'' And it turns out that the kid did drown . There was a lawsuit filed and the Supreme Court said : You know, the way the 1aW is written, there's nothing we can do here, and so, we even recommend that the General Assembly consider a revision to this Section. So what we've done here is to amend the Tort Immunity Ack . And what we say is that a unit of local government is îmmunized for negligence if it undertakes to supervise an activity on its property , or if it hés a duty to -- to -- to do so. It's liable only if it's found to be quilty of willful and wanton conduct. And then: in this bill, we defined willful and wanton conduct, which is ''a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to'' -- ''to or conscious disregard for the safety of others ooo.n So what we 're 10 i STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day December 2, 1998 saying here is, then, in the most outrageous of circumstances, when an employee is undergoing the supervision of an activity and the 7 y're just totally willfully and wantonly conducting themselves, that there can be a lawsuit that Would prevail. It does not open the door to a -- a number of other lawsuits, because we're not -- if -- if theydre merely negligent, they 're still immunized. There 1 still are some people who are opposed to ie, but we, as I : indicated, had picked up the support of a number of -- of people, includin: the Illinois Governmental Association of Pools, the Park ! District Risk Management Agency, Dupage Mayors and Managersz Northwest Municipal Conference, South Suburban Mayors and Managers ! Association, Illinois Association of County Board Members and C ommissioners, Metro Counties and , of course , the Bar Association . I ! So be happy to answer any questions, and I would urge an Aye vote. PRESIDING OFFICER: (SENATOR DONAHUE) ! Is there any discussion? Senator Hendon. SENATOR HENDON : y Thank you, Madam President . Will khe sponsor yield? PRESIDING OFFICER: (SENATOR DONAHUE) ! Indicates he dll yield r Senator Hendon.
! Senato r Cullerton , is the -- the Illinois Trial Lawyers Association in favor of this bill as written? I
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton .
Xes . !
PRESIDING OFFICER: (SENATOR DONAHUE) Put your light on# Senator Hendon. Senator Hendon. 1
And khe -- the Chicago Bar Association is also in support now? l
PRESIDING OFFICER: (SENATOR DONAHUE) 1 . 11 STATE OP ILLINOIS ' 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day December 2, 1998 I Senator Cullerton . . SENATOR CULLERTON : ' Yes. 1 . PRESIDING OFFICER: (SENATOR DONAHOE) 1 Further discussion? Further dlscussion? Senator Geo-Karis. I SENATOR GEO-KARIS: ! Madam President and Ladies and Genklemen of the Senater I've ! answered a lot of lekters on this bill saying that I would vote to 1 sustain the Governor's amendatory veto, but khat was before I had I a good chance to look at the bill again after it was amended. And 1 I feel that Senator Cullerton is justified becauseg to me, wanton ! and villful is very serious. It's not an ordinary case of I negligence. And thereforer I am going to vote to override this I ! bill because -- this veto because I don't want anyone who causes I ! aceual or -- or deliberately any harm or, if lt's not intenkional, 1 . shows an utter indifference or conscious disregard for the safety of o thers . In the case of the swimming pool in Zion , there were I lifeguards there, loads of children were in the pool and none of ' them bothered. So I feel that this is only rightr and I -- I ! I I
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Rauschenberger.
I Thank youy Madam President . T*o questions, quickly, of the ! sponsor. ' PRESIDING OFFICER: (SENATOR DONAHUE) ! Indicates he lll yield, Senator Rauschenberger. SENATOR RAUSCHENBERGER : E Am -- Senator Cullerton, am I correct in -- in my assumption or my -- khe information Ifve been given that the County of Cook and City of Chicago and the Chicago park districts are still uncomfortable with this version? 12 STATE OP ILLINOIS I 90TH GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT I 117th Legislative Day December 2, 1998 i i PRESIDING OFFICER : (SENATOR DONAHUE) I Senator Cullerton. I SENATOR CULLERTON : l Yes. We did meet with the City of Chicago Corporation i Counsel's Office. We tried to win them overr but we were not able to. The County of Cook, who was not actually at the kable at the time we negotiated the bill, they have come and indicated their , opposition afterwards. And I think you said the park district - ! they, I believe, are still opposed to it. Although, I would noke that there were a number of associations that we negotiated with that do support it, including the Park District Risk Management Agency and Intergovernmental Risk Management Aqency and a number i of others . Because, you see : there was initially some concern that this would impose new duties, and it's -- We've made it very r clear that it does not lmpose new duty. It's only when there is -- a duty to supervise already exists. And the other concern was that, you know: people might think that willful and wanton conduct is the same thing as neqligence , and it 's not. And we redefined e ! by puttin: it right in this section, what willful and wanton i conduct is. And so, that's why the people who support it came over to our side. It's just that not everybody agrees yet. l
PRESIDING OFFICER : (SENATOR DONAHUE) Senator Rauschenberger. ' SENATOR RAUSCHENBERGER : ! Well, Senator Cullerton: am I correct that -- thak I think the main point to their concern was that the AcE denies immuniky, even When a local government does not provide supervision, as lon: as a court decides that they have a duty to supervise, imposed by common law , Statute , code or regulation? And I -- I think it ls that section that they were most concerned about. I've certainly heard good arguments from it -- from both the -- the bar associations and I probably will be voting ln support, but I just 13 STATE OF ILLINO IS 90TH GENERAL ASSEMBLX l REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day December 2, 1998 . I wanted people to be aware that some local governments with large responsibilities still had concerns. Appreciate the work that you and the sponsors have done. '
PRESIDING OFFICER: (SENATQR DONAHUE) Purkher discussion? Senator Hawkinson. SENATOR HAWKINSON: 1 Thank -- thank you , Ma dam President. This is not the first I time we've had this leglslation before us. I believe some of the ! ! - - my colleagues on this side of the aisle sponsored a bill a year ! ago thak d id the same thing r and tha t bill was vetoed and we never ! went forth. The two main concerns, which Senator Cullerton has -- has mentioned in his last response, the two Main concerns, as ! Senator Rauschenberger has mentioned, was, oner they were ! concerned that we were qoing to be ereating new duties to superv ise , by this legislation , and that that would cause them to i have to hire people that they don 't currently hire . And secondly p i there was a legitimate concern that the definition of willful and I wanbon used to vary a11 over the ballpark. Some courts Would say ! that it was almost like negligence; others would say , no, it's -- 1 it's more clear to very: very reckless conduct. So We did tWo ! things: We brought -- we tried to bring all ehe pareies together. I Judiciary Committee qot involved. We had hearings where everyone j was free to come to the table. I think it's fair to say thatr j with the exception of City 's Corporation Counsel, everybody at those meetings agreed that we were doing the right thing by doing two things: One, we were expressly incorporating the statutory ! definition of willful and wanton in the Act and maklng it applicable to a11 of these cases, so that some court somewhere couldn 'k go off and vary that definition and say that, yeah, this , - - this is willful and wanton , even if ik was contrary to the Statute. Secondly, we made expressly clear that, by this Act, we ' are creating no nek dueies to supervise . So nothing in this Ac* ! l 14 STATB OF ILLINOIS ! 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TAANSCRIPT 117th Legislative Day December 2, 1998 I w ill create a duty to supervise - a new duty that does not already currently exist either under the common 1aw or under the Statutes . I y I With that, the representakives of the counties, most of the ! municipalities and other parttes aqreed thae we had made the ! changes that addressed their concern, and I think that's Why it passed 55 to nothing to l voting Present when we had it last time.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Petka.
Thank you, Madam President, Members of the Senate. The Illinois Supreme Court and -- and the 2nd District Appellate Courtz in separate decisirns, have both asked the General Assembly to relieve *he hardship of a ruling that they were required to make because of existin: Skate law. In -- in my opinion, the legislation which We are now considering strikes a very reasonable balance between the rights of individuals who are injured and the -- and local public entities. And, in my opinion, the legislation has had a full and fair hearing before the Judiciary Committee. A1l parties had an opportunity for input in connection with this i legislation. I commend the sponsor for crafting what I believe is ! - - is very, very desirable and necessary legislation. And with ! that, I Would urge an Aye vote. ! PRESIDING OFFICER: (SENATOR DONAHUE) I Further discussion? Senator Klemm . I ' SENATOR KLEMM : i Thank you , Madam President. I guess I take a different point ' of view . I think the Governor was correck in -- in narrowing the scope . The example that was given to us , of course, was a tragedy that probably should have been avoided . I think the legislation the Governor has presented to us with his -- with his amendatory i veto addresses what our concerns are. I think the various local ' entities certainly perform a service, and I think to open the I 15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY ; REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day ' December 2, 1998 ! scope of lawsuits continually for these peopler if nothing else if theydre frivolous,and we knowwhatthe courtsare--are crowded 1 With frivolous lawsuitsrjustcontinuallyopensitup and kiesthe j hands of -- of local government,particularly park dtstricts. I'd 1 - - I think the amendatory veto is correct in its scope and I would suppor: rejecting this override . 1 , PRESIDING OFFICER : (SENATOR DONAHUE) : Is there further discussion? Is there further discussion? I Seetng none, Senator Cullerton, to close. I
Well, thank you, Madam President, Members of the Senate. I I would just respond by -- by saying that we believe we were very ! I careful in drafting this legislation so that there will not be a ! situation where frivolous lawsuits will prevail. We are very careful in defining willful and wanton and making sure that itds ' not treated just like any negligence case. The Governor's i amendatory veto,by the way,I would point out, actually goes j backwards and makes it even worse than it is right now. That's E why we cannot accept it. I would just say this: I would suggest tha* we candonothingelsebuttovoteAyebecauseweshouldn't 1 justlookatehisaswe''can'' vote Aye ; we ''must'' vote Aye . We 1 have to change the law. The vay the sieuation is now is -- is grossly unfair, because a public employee can be willfully and wantonly -- conduct that type of conduct, someone can die, and there's no course of action. We -- we really canlt be voting for - - No on a bill and denying that opportunity to change the law. And this is the time we should do it. So I would urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 1151 pass: the specific recommendations of the Governor to the contrary nokwikhstanding. Those in favor Will vote Aye. Opposed, Nay. The voting is open. ( ! 16 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Leqislative Day December 2, 1998 Have al1 voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record. on that question, there are 54 Ayes, 2 Nays, none voting Present. House Bill 1151: having received the I required three-fifths vote, is declared passed, the veto of the I ! Governor eo the contrary notwâthstanding. For the information of I the Bodyr wedre going back to page 2. Senate Bill 1. Senator I Rauschenberqer, do you wish to return to 2nd -- this bill to the ! order of 2nd Reading for the purposes of an amendment? Senator ' ! Rauschenberger seeks leave of the Body to return Senate Bill l to the Order of 2nd Reading for the purposes of an amendment. Hearing no objectionz leave is granted. On the Order of 2nd . Reading is Senate Bill 1. Madam Secretary, are there any Floor ' amendments approved for consideration? I
! Anendment No. 3, offered by Senator Rauschenberger. r PRESIDING OFFICER : (SENATOR DONAHUE) 1 Senator Rauschenberger . Just a second , let's get... Senator ! Rauschenberger. ! 1 . SENATOR RAUSCHENBERGER: 1 Thank you, Madam President. Floor Amendment No. 3 to Senate j Bill 1 does three things in addressing some of the continuous I controversy we 've had over the Life Safety Code since about 1993. I Under the current Statute, every five years sehool buildings are surveyed by architects and enqineers and a list of concerns are ' i brought to the superintendent, Who then forwards those on to the regionalz who forwards them on to the State Superintendent of Education . Those items that are urgent are to be correcked as soon as is practicable: and those ikems that are required, the school district has up to three years to deal With. Under the ' current Life Safety Code, required items are very frequently items like Thermopane windows Ahat are more energy-efficient, I , replacement HVAC equipmenk khat delivers better BTUS . A 1ot of 1 17 STATE OF ILLINOIS ! 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day December 2, 1998 ! these things are actually buildinq improvements, Which are I important, but it's created a significant financial burden on I school districts across the State and particularly areas under the I tax cap are feeling the pinch. Senate Bill -- or, Senate Amendment 3 to Senate Bill l addresses that and does three thinqs to address thlsissue. Numberone,it-- itmakes itclear,for 1 the first time ln Seaeute , that if you have an urgent repa ir, it , must be completed within a year. It allows no discretion for the urgent repairs that are -- relate to the safety of students to be ' deferred any longer than one year. The second thtng it does is it takes required items from a required action in three years to permitting school districts to have up to five years to plan for the energy-efficiency and improvements of the building . And the third thing it does is it creates a advisory task force that will be convened this sp rin: to spend three months reviewing the Life ' Safety Code and to make recommendations to the General Assembly . ' This concept is supported by the Illinois Education Association: the School Board A:sociakion. The State Board of Education is neutral on the bill. It passed the Education Committee With bipartisan support. I would urge its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Is ehere any discussion? Is there any discussion? Seeing none, a11 those in favor, say Aye. Opposedr Nay. The Ayes have it. And the amendment is adopted . Are there any further Ploor amendments approved for consideration?
No further amendments reported , Madam President .
PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1. Senator Rauschenberger? Madam Secretaryr read the bill. ACTINGSECRETARYHAWKER: 1 Senate Bill 1. 18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 117th Legislative Day December 2, 1998 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.
Thank your Madam President. Senate Bill 1 now is -- is entirely comprised of Senate Floor Amendment 3 to Senate Bill l that I just explained. Wedre not sure that the House Will have time to ac* on this, but we'd like to send this over. And I'd appreciate favorable consideration by the Body and I'd be happy to answer questions .
PRESIDING OFFICER: (SENAQOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill l pass. Those in favor will vote Aye. Opposed, Nay . And the voting is open. Have a1l voted who wish? Eave a1l voked *ho wish ? Have all voted who wish? Take the record. On that question, there are 52 Ayes, no Nays, none voting Present. Senate Bill 1, havin: received the required constikutional majority -- oop. Senate Bill 1, havin: received the required three-fifths majority, is declared passed. Senator Geo-Karis: for what purpose do you seek recognition?
Madam President, a poinE of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point .
In the gallery, upstairs of your offices there, are two very fine people from Highland Park, Illinois. They happen to be the constieuents of Senator Terry Linke and I Wish they were miner and they are Stephanie and Warren Hayes, from Hiqhland Park. Will you help us greet them ?
PRESIDING OFFICER: (SENATOR DONAHUE) 19 STATE OF ILLINOIS I 90TH GENERAL ASSEMBLV ' I REGULAR SESSIQN SENATE TRANSCRIPT 117th Leqislative Day December 2, 1998 I Will you -- will you please rise and be recognized by the Illinois Senate? Welcome to Springfield. Senator Petka, for what I purpose do you seek recognition? Senator Petka, for what purpose do you seek recognition? 1 SENATOR PETRA : ! Thank you . Por an announcement , Madam President .
PRESIDINC OFFICER: (SENATOR DONAHUS) I Please state your point. j SENATOR PETKA : 1 The Execukive Appointments Committee, which was -- hearing, I ! which was scheduled for 3 o 'clock, has been cancelled. I PRESIDING OFFICER: (SENATOR DONAHUE) ! Senator Madigan, for what purpose do you seek recognition? I Okay . No? Is there any further business? Senator O 'Dantel, for 1 I what purpose do you rise? SENATOR O 'DANIEL: I F0r Pur#OSe Of an announcement . I ! PRESIDING OPFICER: (SENATOR DONAHUE) I I Please state... j
! Immediately afker adjournment, kheredll be a Democrat Caucus in Senator Jones' Office. PRESIDING OFFICER : (SENATOR DONAHUE) ' Demoerat Caucus immediately following Session. Anything further? If not, the Senate stands adjourned until 9 a.m. - , 9 a.m. - on December 3rd. Senate is adjourned. 1 20 , .z I ' 1 REPORT: TJFLDAY 3TATE 0F ILLINOIS 98/12/03 PAGE: 001 90TH GENERAL ASSEMBLY 11:31:51 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX DECEMBER 02, 1998 HB-1151 VETO ACTION PAGE 9 H8-2367 VETO ACTION PAGE 5 HB-23;O VETO ACTION PAGE I I ' H8-3129 VETQ ACTION PAGE 6 SB-O001 RECALLED PAGE 17 I SB-00O1 THIRD READING ' PAGE 18 I 5R-0269 RESOLETION OFFERED PAGE 2 I SR-02F0 RESOLUTION OFFERED PAGE 2 59-0271 PESOLUTION OFFERED PAGE 2 ! 5R-0272 RESOLDTION OFFERED PAGE 2 ! 5R-0273 RESOLPTION OFFERED PAGE 2 . SR-027# RESOLPTION OFFERED PAGE 2 5R-0275 RESOLUTION OFFERED PAGE 2 ! ! SUBJECT HATTER . : SENATE T0 ORDER-PRESIDENT PHILIP PAGE 1 ' PRAYER-PASTOR PATTY JOHANSEN PAGE 1 ! PLEDGE OF ALLEGIANCE PAGE 1 JOURNAL-POSTPONED PAGE 1 i COMHITTEE REPORTS PAGE 1 ! MESSAGE FROH TBE BOPSE PAGE 2 ! MESSAGE FROH THE HIXORITY LEADE; PAGE 2 INTRODUCTION OF GDESTS-SENATOR BOMKE PAGE 3 ' REHARKS BY SACRED HEART-GRIFFIN COACH PAGE # ! ADJOPRNMENT PAGE 20 ! I I ! 1 ! I I I ! I 1 i . I 1 . ' 1 j !