Reading of *he Journal 1 Senator Butler. 39 1 SENATOR ... from the House by Mr. McLennand, Clerk....

STATE OF ILLINOIS89TH GENERAL ASSEMBLY

REGULAR SESSIONSENATE TRANSCRIPT

63rd Legislative Day November 3, 1995i

IPRESIDING OFPICER: (SENATOR DUDYCZ) 18 i

Regular Session of the 89th General Assembly will come to 20

order. Will the Members please be at tbeir desks and will our 21

guests in the gallery please rise. Our prayer today will be given 22

by Pastor Roger Ruhman, the Presbyterlan Church, Parls, Illinois. 23

Pastor Ruhman.

PASTOR ROGER RUHMAN: 25

(Prayer by Pastor Roger Ruhman) 27

PRESIDING OFFICER: (SENATOR DUDYCZ) 29

. . .noW say the Pledge of Alleglance, led by Senator Sieben. 31

Senatar Sieben.

SENATOR SIEBEN: 33

(Pledge of Allegiance, led by Senator Sieben) 35

PRESIDING OFFICER: (SENATOR DUDYCZ) 371Reading of *he Journal

. Senator Butler. 39 1SENATOR BUTLER: 41 1

Mr. President, I move that reading and approval of the 43

Journals of Wednesday, November 1st, and Thursday, November 2nd, 44

in the year 1995, be postponed, pending arrival of the printed 45

Journals. IPRESIDING OFFICER: (SENATOR DUDYCZ) 47 I

isenator Butler moves to postpone the reading and approval of 49 ;1

Ithe Journal, pending -- arrival of the printed transcripts. There 51 iI

belng no objection, it is so ordered. Conmittee Reports. 52 II

SECRETARY HARRY: 54

Senator Peterson, Chair of the Committee on Revenue, reports 56

Senate Amendnent 1 to House Bill 1461 Be Adopted. 57

And Senator Crcnin, Chalr of the Committee on Education, 59 '1I

reports Senate Joint Resolutions 59 and 60 Be Adopted. 60 1

PRESIDING OFFICER: (SENATOR DUDYCZ) 62 jIResolutions

. 64I

GECRETARY HARRY: 66 ii

l



63rd Legislative Day November 3, 1995

I

Senate Resolution 118, offered by Senators Pitzgerald: Philip 68 Il

and others. i1

It's a death resolutlon, Mr. President. 70 !l

PRESIDING OFPICER: (SEHATOR DUDVCZ) 72 ilI

Consent Calendar. Messages from the House. 74 IIi

SECRETARY HARRY: 76 i1I

A Message from the House by Mr. McLeanand, Ckerk. 76 '

IMr. President - I am directed to inform the Senate that 80 i

the House of Representatives has accepted the Governor's specific 81 '

reconmendations for change, which are attached, to a bill of Ehe 83

following tttle, in the adoption of which I am instructed to ask 85 !the concurrence of the Senate, to wit: .

EHouse 3ill 2465. 87 I

Adopted by the Hauser November 2nd, 1995. 89

A Message from the House by Mr. MeLennand, Clerk. 91 II

Mr. President - I am dlreeted to inform the Senate that 93 ;i

the House of Representatives has adopbed the following joint 94 i

resolution, in the adoption of which I am instructed to ask the 95 '

concurrence of the Senate, to wit: 'l

House Jotnt Resolution 43. 97 '

Adopted by the House, November 2nd, 1995. It's substantive. 99 !

Message from the House by Mr. McLennand, Clerk. l01 !1

Mr. President - I am directed to inform the Senate that l03 'I

the House of Representatlves has concurred with the Senate in the l04 ';I

passage of a bill of the following title, to wit: l05 I1

:Senate Bill 598, with House Amendment No. 2. l07 II

We have a like Message on Senate Bill 908, with House 109 ;

Amendment No. 1. 'I

Bath passed the Housey as amended, November 2nd: 1995. l1l

A Message from the House by Mr. McLennandy Clerk. ll3;

Mr. President - I am directed to inform the Senate that 115 '!

the House of Representatives has refuged to concur With the Senate 1l6 '.I

2


REGULAR SESSTONSENATE TRANSCRIPT

i63rd Legislative Day November 3, 1995

in the adoption of their anendment to a bill of *he followlng l17

title, to wit: 1I

House 3i11 1653, with Senate Amendment No. 1. l19

Non-concurred in by the House, November 2nd, 1995. l2l I. 1

PRESIDING OFFICER: (SENATOR DUDYCZ) l23 i1ISenator Hawkinsan moves that the Senate refuse to recede from 125 jI

the adoption of Senate Amendment No. 1 to House Bill 1653 and that l26 jI

ference committee be appointed. All those in favor, say Aye. 127 1a conI1Oppcsed, Nay. The Ayes have it. Motion carriesr and the 128 !1

Secretary shall so inform *he House. ...Madigan, for what purpose l29 liIdo you arlse?!I

SENATOR MADIGAH: 13l Ii

Thank youy Mr. President. Purposes Lf an announcement that l33 !iI

everyone, on their desk, has received a memorandum from the 136 Ii

' Caucus that our fund-raiser and l37 iIllinois Legislative Sportsmen sii

reception will be on -- at 6 o'clock when we come back for the !1

second Week of veto Session cn November the 14th at the Prairie l38 ii

' itens - and we l39 j!capital convention Center. And if you ve got anyi

Would request that you do have, for those Members of the l40 I!

S ortsmen's Caucus - any items to be raffled or auctioned off, l41 117 I!we'd like to remind you for your help and courtesyr and help us l42 !I

make this event a success. We're -- the proceeds cf this will be l!Igoing to the youth and disabled huntin: programs. Thank you, Mr. l43 jI

Prestdent. II1PRESIDING OFFICER: (SENATOR DUDYCZ) l45 jI

. . .Wll1 stand at ease for five minutes while the Rules l47 11

Committee meets. 1(11Ii(SENATE STANDS AT EASE) l50I1iII

SENATE Rscouvsxss) 1s2 1(!II!

3

!


REGULAZ SESSIONSENATE TRANSCRIPT

63rd Leglslative Day November 3, 1995 iI

PRESIDING OFFICER: (SENATOR WEAVER) 155

. . .w#kk come to order. For uhat purpose does Senator 157

Hawkinson seek recognltlon? l58

SENATOR HAWKINSON: . 160

Thank you: Mr. President. Inquiry of the Chair. l62


Yes, str. 166

SENATOR HAWRINSON: 168 II

Mr. President, I notice We have a supplemental Calendar 170 1I1d

ealing wlth House bills and amendatory vetoes. And the inquiry 171 II'

, 1is whether we have -- can have access to the Governor s amendatory l72

messages. The -- the book we have on our desks #s -- is fcr l73 II

Senate bills only, and I thlnk we would need to have access to the 174

amendataty messages.

IPRESIDING OFFICER: (SENATOR WEAVER) l76 I1

Let me eheck on that, Senator. v,.answer to you, Senator 178 1IIH

awkinson, the Governor's Messages are being dupltcated and l80 II

they'll be on your desks before we act on them or bring them up. 18l 11

Committee Reports. jSECRETARY HARRY: 183

ISenator Weaver, chair of the Conmittee on Rules, reports the 185 1

follcwing Legislative Measures have been assigned to committees: 186

Referred to the Commitbee on Agriculture and Conservation - Senate l88

Amendment 3 to House Bill 9657 and Approved for Consideration - l89

Hcuse Joint Resolution 43r Senate Amendment 4 to House Bill 820, 190

and Senate Amendment 2 to House Bill 1461.

PRESIDING OPPICER: (SENATOR WEAVER) 192

Intrcduction of Bills. 194

SECRETARY HARRY: 196I

Senate Bill 1236, offgred by Senator Klemm. l98 1I1(Secretary reads title of bill) 200

And Senate Bill 1237: by Senator Dillard. 202 11iI

4

STATE OF ILLINOIS89TH GENERAL ASSEMSLY

REGDLAR SESSIONSENATE TRANSCRIPT

63rd Leglslative Day November 3: 1995II1(Secretary reads title of bill) 204 IIIlst Reading of the bills

. 206 IIIPRESIDING OFFICER: (SENATOR WEAVER) 208 !I

2 of the Calendarr House Bills 3rd Reading. We have a 210 1...pageI' jcouple of bills there that need to be brought back to 2nd for the 2ll I

Ipurpose of amendments. So, Mr. Secretary -- Senator Maitlandr do 2l2 1t

you wish this blll returned tc 2nd Reading for the purpmse of 2l3 IIi

amendment? House Bi1l 820. Senator Maitland seeks leave of the 2l5 III

Body to return House Bill 820 to the Order af 2nd Reading for the '

purpose of an amendment. Hearing no objection, leave is granted. 217 '

On the Order cf 2nd Reading ts House Bill 820. Mr. Secretary, are 2l8

there any Floor amendments approved for consideration? 2l9 I

SECRETARY HARRX: 22l .I

Amendment No. 3, offered by Senator Maitland. 223 I

PRESIDING OFFICER: (SENATOR WEAVER) 225 '.i

senator Maitland. 227 :i

SENATOR MAITLAND: 229 :I

Thank you, Mr. President, Menbers of the Senate. I would -- 23l 'II

wish to -- would move to table Ploor Amendment Na. 3, please. 233 'II

There's a subsequent amendment to follow. i

PRESIDING OFFICER: (SENATOR WEAVER) 235 'iI

Senator Maitland Wishes to table Amendment No. 3 to House Bill 237 II

l820. All those in favor, signify by saying Aye. Opposed, Nay. 239II

The Ayes have it. Senate No. 3 is tabled. Any further Floor 240 IIIamendments approved? IIISECRETARY HARRY: 242 IIIAmendment No. 4, offered by Senator Maitland. 244 II

IPRESIDENG OFPICER: (SENATOR KEAVER) 246 II

senator Maltland. 248 ISENATOR MAITLAKD: 250 '

Thank you, Mr. President. First of all, as -- as a comment of 252

explanation, I plan to amend this bill today and then mcve it to 254 'I

i

5



I

63rd Legislative Day November 3, 1995 I1

3rd and not seek further action today, because there are same 255

questions abcut the issue. So Amendment No. 4 is an amendment 256

that expands ISAC'S authority to originate student loans so that

Iwe can -- with the thought in mind that federal loans are going 257 1' jdown. Thls is an issue where we -- where we uill seek to expand 258 I

IIloans withln the State using State institutions, State banks in 260 IIIthis State? rather than allowing these loans to go elsewhere. 261 IIIOther states are following thts concept. Wlth that very brtef IIIexplanationz I Would seek -- 1 would move to accept Floor 262 tIIAmendment Ho. 4. lIPRESIDING OFFICER: (SENATOR WEAVER) 264 lIIs there discussion? If nct, the question is the adoptlon of 266 II1Amendment No . 4. Al1 those in favor, slgnify by saytns Aye. 267 II

Opposed, Nay. The Ayes have it. The amendment's adopted. Any 268 II

further amendments? lI

SECRETAR: HARRV: z7a lI

No further amendments reportedy Mr. President. 272 lI!PRESIDING OFFICER: (SENAQOR WEAVER) 274 II!3

rd Reading. Senator Watson, on 854? Do you wish -- excuse 276 j1

me. 1461. Senator Watson, do -- do you wish this bill brought 278 Il

back to 2nd Reading for the purpose of amendment? 279 II

lSENATOR WATSON: 281tI

Yes, sir. 283 III

PRESIDING OFFICER: (SENATOR WEAVER) 285 IIISenator Watson seeks leave of the Body to return House Bill 287 II

1461 to the Order of 2nd Reading for the purpose of an amendment. 289I

Hearing no objection, leave ts granted. On the Order of 2nd 290 II

Readlnq is House Bill 1461. Mr. Secretary, are there any Floor 292II

amen6ments approved for constderation? lII

SECRETARY HARRY: 294 III

Amendment No. 1, offered by senator Watson. 296 II

PRESIDING OFFICER: (SENATOR WEAVER) 298 IIIII

6

' l . .

I' !I

I !I I! STATE OF ILLIKOIS I1 89TH GENERAL ASSEMBLY iI REGULAR SESSION

SENATE TRANSCRIPT I

63rd Leglslative Day November 3, 1995

Senator Watson. 300

SENATOR WATSON: 302

Yes. Thank you, Mr. Presldent. Therels three provisions of 304

thls amendment. Tk was heard yesterday in the Revenue Committee. 306

First of all, the flrst provision adds Senate Bil1 521: which 308

clarifies some TIF district language dealing with the Sears eampus 309

in Hoffman Estates. Second provislon allows for the Department of 3l0

Revenue to extend the period during which a taxpayer may respond 3ll

to a penalty, from twenty-one to thirty days. This is, agatn, a 3l2

technical amendment - some legislaticn that we had previously

passed , inadvertently , 1ef t the expansion of those days out . And 313

the third provision is one in which tnvolves the Board of Trustees 3l4

o f the Mass -- Met ro Eas t Mass Trans i t Di s t r ict , i n which they ' ve 31 5

increased the sales tax by ref erendum by one-half percent . We are 3l6

ask ing f or cansideration for those sales which are t.tt ked , 3l8

pr imar i ly -- new cars and used cars r to go to a f ee st ructure

versus a sales tax ; the reason being , because on an average , 319

two-hundred- to two-hundred-and-f if ty-dollar dif f erence in the 320

ccst of a car wi 11 result as a result of the increase in the sales 32l

tax . This f ee strueture will s*i 11 allow f or money t:o f low to the 322

mass transit dtstr ict , but certainly would be at a lesser amount , 324

and as a result , the eompet i tive nature and -- of the car business 325

Will be somewhat neutral i zed . And this is a concern that the new

car dealers brought to al1 of us in *he Metro East area , and we 326

al l concur on that language . 327

PRESIDING OFFICER : ( SEHATOR WEAVER ) 3 29

Is there discusslon? Senator Culler tan , 2 31

SENATOR CULLERTON : 33 3

Xes . Would the sponsor yield? 335

PRESIDING OFFICER : ( SEKATOR WEAVER ) 337

He indlcates he would yield . 339

SENATOR CULLERTON : 341

I 7

(j '



63rd Legislative Day November 3, 1995 .I

!Senator, wiEh regard to that sales kax issue With regard to 343 I

ithe new -- new car salesr instead ot charging this extra sales tax 345 i

wlthin a particular regëcn, the -- the concern was that people 346 i;

would just go outside that region and purchase the cars outsider I 347 ;take itr and would hurt the sales within that region. So instead, 348 i

in -- in an effort to -- to still bring in khe revenues needed, 349 ii

you indieated that they're going to a fee schedule. Now, is that 350 '

fee a -- an tncrease in the fee on -- on what? What fee is being i

increased? 351

PRESIDING OFFICER; (SENATOR WEAVER) 353

Senator Watson. 355 '

SENATOR WATSON: 357

It's an -- a new fee that will be established by the Mass 359 k

Translt Board of up to twenty dollars. They will have the option 360 ;I

of -- of whatever dollar figure they want, up to twenty dollars. 36k '

And that would be on the new car and used car sales, or titled 362 .

sales, within the mass transit district. i;;

'

PRESIDING OFFICER: (SENATOR WCAVER) 364E

Senator Cullerton. 366 .

SENATOR CULLERTON: 368I

So it's still on the transaction itself. Itfll still be on 370 '

the purchase of the vehicle - there'll be thts extra fee - instead 37l 'I

of a sales tax. !!PRESIDING OFFICER

: (SENATOR WEAVER) 373 i1

senator Watson. 375 I!I

SENATOR WATSON: 377 I!

That is correct. 379 I;

PRESIDING OFFICER: (SENATOR WEAVER) 381 'I

Senator Hendon. 383 IiSENATOR HENDON: 385

Thank you, Mr. -- Mr. Chairman. Will the sponsor yield? 387 '

PRESIDING OFFICER; (SENATOR WEAVER) 389 :!

8

r

STATE OF ILLINOIS89TH GEHERAL ASSEMBLY


63rd Legislative Day November 3, 1995iIH

e indicates he wlll yield. 391 j1SENATOR HENDON: 393 j1What is the difference in the -- the dcllar amount between 395 1Iwhat the tax :as golng to be and what the fee is goin: to be? Was 396 l

the tax going to be around twenty dollars or...? 397 IIPRESIDING OFFICER: (SENATOR KEAVER) 399 1IS

enator Watson. 40l iISENATOR WATSON: 403 1IIt wculd be the one-half percent that Would be levledy or 405 iiwould be assesseo, on the sale of the vehicle. One-half percent. 406 I

1Whatever that difference is. It'l1 be considerable, because the 407 iinew car dealers in the area that -- felt that this would put them 408 I1at an uncompetitive disadvantage with car dealers outside of the 409i!mass transit reqion

. iIPRESIDING OFFICER: (SENATOR WEAVER) 4l1 iIAny further discussion? Senator Hendon. 413 iISENATOR HENDON: 4l5IiWell, my friends are telllng me that they have worked this out 417 1

Iand they are happy with it. I don't understand any tax -- any tax 4l8 i

' ing to be against it, 419 ithat comes through tbis - - thls Body I m go I

Ibecause I am truly an antitax Democrat, but I gill have no further 420i

hut up. 42l lquestions because my friends told me to sit down and sIIPRESIDING OFFICER: (SENATOR WEAVER) 423IiWhich friend? Senator Watson, to close. 425IISENATOR WATSON: 427IiYes. Thank you. I would just appreciate the support of the 429 1iBody.I

PRESIDING OFFICER: (SENATOR WEAVER) 431 Ii

Senator Watson's moved the adoption of Amendment No. -- Floor 433 ii

Amendment No. 1 to House B#ll 1461. All tbose in favor, say Aye. 435 iI

Opposed, Nay. The Ayes have it, and the amendment is adopted. 437 Ii

Any further Floor amendnents approved fcr consideration, Mr. 438 iII

9

L - -



63rd Legislative Day November 3, 1995 iIIISecretary?1ISECRETARY HARRY: 440I

442 iAmendment No. 2, offered by Senator Watson.I

PRESIDING OFFICER: (SENATOR WEAVER) . 444 I1

Senator Watson. 446I

SENATOR wATsoN: 448 lI

YOS. Thank you, Mr. President. This amendment Comes tc us 450 II

offered by the Secretary of State. It's strictly technical. It 452 1I

allows for informatëon to flow to the nass transit district on the 453 I!

basls of z)p code versus the boundary of the -- mass transit I. I

distrlct. The Secretary of State told us they could nct comply 454 I1

with the -- the language khat -- and did not have the availability 456 II

of knowing what car sales Nere withln the mass transit district II

but they could supply it by zip code, and thatts what this 457 jI

amendment does. It clarifies that. 458 iI

PRESIDTNG OFFICER: (SENATOR WEAVER) 460 jIIs there discussion? If notr a1l in favcr, signify by saying 462 jIAye. Opposed, Nay. The Ayes have it: and the amendment is 463 IIadopted. Any further Floor amendments approved for constderation? 464 I

ISECRETARY HARRY: 466 IINo further amendments reported

r Mr. President. 468 I

iPRESIDING OFPICER: (SENATOR WEAVER) 470Ii3rd Reading

. On the Order of House Bllls 2nd Readinq, Hause 472 IiBill 115

. Senator Dudycz? Read the b11l, Mr. Secretary. 474 1ISECRETARY HARRY: 476I

i11 115. 478 1House B1

(Secretary reads title of b1ll) 480 1I

2nd Readin: of the bill. No committee or Floor amendments, Mr. 482 li

President. ii

PRESIDING OFFICER: (SENATOR WEAVER) 484 II

3rd Readlng. Senator Steben, on House Bill 8542 Read the 486 II

bill, Mr. Secretary. 487 iIIi

10



63rd Legislatëve Day November 3, 1995

SECRETARY HARRY:

House Bill 854.

489

49l

493

495

(Secretary reads title of bill)

of the bill. The Commlttee on2nd Reading Education adopted

Amendnents 3 and 496

PFESIDING OFFICER: (SENATOR WEAVER) 498

Have there been any Floor amendments approved for 500

consideration?

SECRETARY HARRY: 502

No further amendments reported? 504


3rd Reading. 508

PRESIDING OFFICER: (SENATOR DONARUE)

We'll be proceeding to Senate Calendar Supplemental Ho. 1. 5l2

First motion to accept is House Bill 660. Senator Cronin. Read 5l3

the motion, Madam Secretary.

ACTING SECRETARY HAWKER: 515

move to accept the specific recommendations of the Governor 5l7

as to House Bill 660, in manner and form as follows: 5l9

Amendment to House Bi1l 660 52l

in Acceptance of Governor's Recommendations S22

Filed by Senator Cronin. 524

PRESIDING OFFICER: (SENATOR DONAHUE) 526

Senabor Cronin. 528

SENATOR CRONIN: 530

We made a -- the Governor nade a minor change herey but an 532

important one, that urge the Senate to support, adding an 533

additional member a public member so that public

representation is no less. move that the Senate accept the 536

government the Governor's amendatary veto.

FRESIDING OFFICER: (SENATOR DONAHUE) 538

Senator Cronin has moved to accept the specific 540

11

STATE OB ILLINOIS89TH GENERAL ASSEMBLY


63rd îegislative Day November 3, 19951Irecommendations of the Governor as to House Bill 660

. Is there 542

any discussion? ls there any dlscussion? Any discussicn? Seein: 543

none, the question is, shall the Senate accept the spectftc

recommendations of change for the Governcr as to House Bill 660, 544. 1;.'in the manner and form Just stated by Senator Cronin

. The voting 546 IIis open

. . ..the record. On that question, there are 58 Ayes, no 548 IINays, none votin: Present. The specific recommendations of the 549 I

IGovernor as to House Bill 660, having received the required 550 i

1constitutlonal majority of vote of Senators elected, is declared 552 I

accepted. Senator Dudycz, on House Bill 679? Madam Secretary, 553 IIread the motion

. 554 IIACTING SECRETARY HAWKER: 5561II nove to accept the specific reconmendations of the Governor 558Iias to House Bill 679

, ln manner and form as follows: 560 1

Amendment to House Bill 679 562 IIin Acceptance of Governorls Reconmendakions 563IIFiled by Senator Dudycz

. 565 IIPRESIDING OFFICER: (SENATOR DONAHUE) 567IlSenator Dudycz

. 669 IISENATOR DUDYCZ: 57lI1Thank you

, Madam President. Ladies and Gentlemen of the 573 I

ISenate, earlier this year we passed, by a vote of 56 to nothing, 574 l

ISenate -- House Bill 679: whlch clarifies that a11 foods sold from 576 iIvending machines shall be taxed at one percent, except for 577 1Iproducts that are dispensed hot, and soft drinks, which shall be 578 lIcontinued to be taxed at six and a quarter percent. The Governor Ilmade some technieal, nonsubstantive changes to the bill. I know 579 I

f no objection . I -- and I Would ask that the Senate accept the 580 IoIispecific recommendations of the Governor to House Bill 679. 58lI

PRESIDING OFFICER: (SENATOR DONAHUE) 583 Ii

Senator Dudycz has maved to accept the specific 585 II

recommenda*ions of the Governor as to House Bill 679. Is there 587 II

12

. .y '



63rd Legislative Day November 3, 1995iiIany discussion? Is there any discussion? Any discussicn? Seeing 588 j1none, the question isr shall the Senate accept the speciftc

Irecommendations of the Governor as to House Bill 679, in the 589 Iimanner and form just stated by Senator Dudycz. Those in favor 591 1

' jw#ll vote Aye. Thcse opposed, Nay. Tbe voting is open. Have a11 5931

voted Who wish? Have al1 voted who wish? Have a1l voted who 594 11

iwish? Take the record. On that question, there are 56 Ayes, no 595!iNays

, none -- l voting Present. The specific recommendations of 596:

the Governor as to House Bill 679, having received the requiredi

iconstltutional majority of vote of the Senators elected, are 598

declared accepted. Senator Palmer, for What purpose do you rise? 600 ii

SENATOR PALMER: 602 'i

Thank you, Madam President. A point of personal privilege. 604 'i

PRESIDING OFFICER: (SENATOR DONAHUE) 606 i1

Please state your poinL. 608 'i

SENATOR PALMER: 6l0 iI

I'd like to introduce to the Body and ask you to welcome the 612 Ii

Urban Studles Program that's visitinç us today. They are 6l3 ii

university students who learn abcut what happens in cities. And 6l4 iI

they're 1ed by Kathleen Hogan, their professor. Could you rise 6l5 Ii

and be welcomed, please? '. l

PRESIDING OFFICER: (SENATOR DONAHUE) 6l7 iI

We... Yeah. Will you please rise and be recognized by the 619 ii

Senate. Welcome. Senator Dudycz, on House Bill 10023 Read the 620 ii

-- read the moti3n, Madam Secretary. 62l Ii

ACTING SECRETARV SAWMER: 623 1!

I move to accept the speciflc recommendations of the Governor 625 ii

as to House Bill 1002, in manner and fcrm as follows: 627 i;

Amendment to House Bill 1002 629 !I

in Acceptance of Governor's Recommendations 630 1i

Filed by Senator Dudycz. 632 ii

PRESIDING OFFICER: (SENATOR DONAHUE) 634 iI

13

j .. '

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I


REGULAR SESSIONSENATE TRANSCRIFT


Senator Dudycz. 636 !I

SENATOR DçDycz: 638 iiIThank you, Madam President. House Bill 1002, Which Was passed 640 i!by khts Body last May, amended the Ticket Scalping Act by 642 i

. lrequiring ticket brckers to register with the Secretary of State 643 I

land to certlfy to speciflc criteria. The Governor amendatorlly 644 i

vetoed House Bill 202 <s(c> because of the deflniticn of a 645

professional association contained in the bill Nhich a broker may '

jotn to avoid the consuner protection requtrenents of the bill. 646

Governor asserted that it -- it is too narrowly drafted, might 647

provide one such organization with a monopoly. The amendatory 648

veto changes the definitioa of the professional organizatlon to 649

mean associations organtzed under the laws of this State or

organized under the laws of any cther state and authorized to 650

conduct business in Illincls that has been in extstence at least 65l ;

three years prior to the date of that broker's registration With 652

the Secretary of State. And I Nould also ask that the Senate 654

approve the -- accept the Governor's recommendations to the

amendatory veto of House 3ill 1002. 655 '

PRESIDING OFFICER: (SENATOR DONAHUE) 657 '

Senator Dudycz has moved to accept the specific 659i

recommendations of the Gcvernor as to House Bill 1002. Is there 66l ;;

any discussion? Senator Welch.

SENATOR WELCH: 663 iI

A question of the sponsor. 665 i;

PRESIDING OFFICER: (SEXATOR DONAHUE) 667 'i:

Indicates he'll yield: Senator Welch. 669i

SENATOR WELCH: 67l I

Senator Dudycz, I'n wondertng lhat the defknition of a 673 .

broker... If you read the -- ln the Sun-Tlmes or Tribune, they 674 i

always have some ads in there abaut tickets for the Bulls games or 675 '

Bears games or something. What is the requirement to be a ticket 676 'i

14



63rd Legislative Day November 3, 1995 i

11broker? If -- if I have two tickets that I want to sell and I put 677

an ad in, do I have to register with the Secretary of State? 678

PRESIDING OFFICERJ (SENATOR DONAHUE) 680

Senator Dudycz. 682

SENATOR DUDYCZ: 684

Are you referrinç to tonight's game, Senator Welch? 686

PRESIDING OFFICERS (SENATOR DONAHUE) 688

Senator... 690

SENATOR DUDYCZ: 692

Senator -- Senator Welch, I can read to you the -- all the 695

requirenents that are listed in House Bill 1002, those that Would 697

require -- or would identify what is a ticket broker, if it is

your desire. I can read the two and a half pages of the -- of the 698

bill, but I believe you have lt on your desk, and if you wish tc 699 1read it yourselfz you can do so also. 700

PRESIDING OFFICER: (SENATOR DONAHUE) 702 1senator Welch. 704 1

1SENATOR WELCH: 706

1Well, I don't have it on my desk and that's why I'm asking the 708

questlon. I'm just wcndering if -- is this -- is thts an attempt 709Iby orsanized tlcket brokers to chase out small indlviduals from 7l0

selltnç tickets by advertising in the newspaper, by requiring them 7ll

to pay a hundred-dollar fee? That's -- you kncw, this ls 7l2

tradition around here, as to how the big guys chase out the little 7l3

guys out of business. 714

PRESIDING OPFICER: (SENATOR DONAHUE) 716

Senator Dudycz. 7l8

iSENATOR DUDYCZ: 72Q I1Nor Senator Welch. This amendatory veto that the Governor ts 722 1

ing to put into House Bill 1002 would prevent a 723 Iputtin: -- attempt1

ly of speciftc unserupulous ticket brokers. And; as I 724 imonopoI

stated earlier, the professional organization that was defined at 725 II1I15



!63rd Legislative Day November 3, 1995 I

Ii

lier this year was -- 726 lwe -- that we passed by a vote of 55 to 1 eari

' d I think this 727 lwas more clearly defined by the Governor s vetc, an Iiwould prevent the monopoly and the unscrupulous brokers from -- 1Ifrom doing what you assert that they are attempting to do. 728 i

PRESIDING OPFICER: (SENATOR DONAHUE) 730 ii

Further discussion? Senator Cullerton. 732

SENATOR CULLERTON: 734;

Yes. I have a parliamentary inqulry. 736 ;

PRESIDING OPFICER: (SENATOR DONAHUE) 738 II

State your point, sir. 740 il

SENATOR CULLERTON: 742 'I

This particular bill has a immediate effective date. The 744 II

Governor did an amendatory veto, and so now wefre acting on the 745 iI

bill after June 30th. The question is: Does it requkre a 746 'I

three-fifths vote or just a majority vote, since tt has an 747 'iitmmediate effective date and since it would take effect today if 748Ii

we were to pass it? i1

PRESIDING OFFICER: (SENATOR DONAHUE) 750 ii

Senator Fawell, for what purpose do you seek recognitlon? 752 I1

SENATOR FAWELL: 754 II

I'd like to ask the sponsor if he would yield for a question 756 Ii

for purpcse cf being on the record. Senator, if my... 757 iI

PRESIDING OFFICER: (SENATOR DONAHUE) 759 1i

Whoops. Senator Fawell, he will as scon as we get this 761 II

ion resolved. A1l riqht? Thank you. Just hang on: Senator 763 lquestIIPawell

. . ..cullerton, ycur inquiry has two points to it. And in 765 I

I- - in response to tbe first request, first question: Pursuant to 766IIArticle IV

, Section 9, paragraph (e): whlch I state in part, jIquote, ''the specific reconmendations may be accepted by a record 767I1

vote of a malority of the members elected to each housed', unquote. 768IAnd this bill shall require thlrty votes for passage. In regard 769 Ii

to tbe second one, the Chair's response is: Ylur inquiry is, one, 771 ;I

16

. ( '

I

STATE OF ILLINOIS89TH GENERAL ASSEMBLV



not for thls Body to determine, but it is best addressed by 772 II

11 ou had sought lanather branch of government. Senator Fawe , y II Irecognitlon ta ask a questicn, and the Senator indicates he 11 774 I

Iyield. . I

. iSENATOR FAWELL: 776 I

IThank you very much. Senator, ean you tell me, if my son has 778 i

I

four seats to the Bears game or the -- or the Hawks game or the 780 iI

Bulls game, which frankly he does have, and -- and he doesn't -- 782 'ii

he can't use two of them, under this bill would it be unlawful for 783 II

him to sell two of those tickets to anyone else? 784 .. I


Senator Dudycz. 788 'I

SENATOR DUDYCZ: 790 i

Xo, Senator Fawell. This -- this bikl is basically a consumer 792 .I

protection -- or contains consumer protection provisions. And -- 794 iI

and to answer Senator Welchls question, as well as yoursr this -- 795 I

this legislation identlfies a ticket broker as one who is not only 796 1i

registered with the Office of the Secretary of State with -- as a 797 '

ticket broker, but it also identifies him as one uho engages in

the resale from one cr more permanent or fixed locations whereby 798 II

- - and he or she naintains as the principal residence <sic> 800 II

activity of thcse locations the resale of tickets; displays the -- 80l II

the license, the registration, at that location; maintains a 802 1I

listing of al1 employees from that ticket broker's employ; 803 'II

matntains a statewide toll-free number for consumer complaints; 804 I!

has adopted a code cf consumer protection or standard refund 805 II

policy, and other provislons ln there which are -- are clearly 806 II

identified as consumer protection activity. And your son if he 807 II

neets a11 that crtteria, then he would be identifled as a -- as a 808 'I

ticket broker; otherwise, he'd be free to sell his tWo tickets. '

PRESIDING OFFICER: (SENATOR DONAHUE) 8l0

Purther discussion? Senator Hendon. 812 I

k7



63rd Legislatlve Day Ncvember 3, 1995 I1

SENATOR HENDON: 8l4

Thank you, Madam President. Will the sponsor yield? 8l6


'll yield, Senator Hendon. 820 lIndicates heI

' ISENATOR HENDON: 822IISenator Dudycz

, if someone is a season ticket holder and 824 lIbecause of that there is a -- over the duration of the season, 826 lithey have fifty tickets and -- and they decide to boycott the 827 IIBulls and Blackhawks game because I have called for that: would 828 jI

they have to register as a broker to sell those tlckets beeause j. I

they do have a -- a large number of tickets over the course of the 829 II

season? 830 Il

PRESIDING OFFICER: (SENATOR DONAHUE) 832 II

Senator Dudycz. 834 I

SENATOR DUDYCZ: 836 il

Senator Hendonr if that individual wishes to be identified as 838 ja ticket broker and to be covered under the Ticket grokers Act, he 839 j

IWould have to -- he would have to fulfill the criteria, as I 840 I

mentioned earlier, and he would have to be reglstered with the 84l 1Secretary of State. If he is -- is -- is -- desires to be a S42

ticket broker and engage in the resale of -- of a large black of 1' just, ltke, a 843 1ttckets, then -- then I would say yes. But if it s

1ticket broker -- for example, you're boycotting a -- a team and 845 Iiyou have season tickets, I do not believe, unless you meet that 347 jIcriteria, you would be requlred or would be covered under this

1Act. 848l

PRESIDING OFFICER: (SENATOR DONAHUE) 850 Il

Senator Hendon. ...discussion? Further discussion? Seeing 852 II

none, Senator Dudycz, to close. The questton is, shall the Senate 854 Ii

accepk the speclfic recommendaekons of the Governor as to House 855 II

Bill 1002, in the manner and form jusE sEated by Senator Dudycz. 857 iI

Those in favor will vote Aye. Opposed, Nay. The Voting is open. IIII

18

7 - .

STATE OF ILLINOIS89TH GENERAL ASSEMBLX


63rd Legislattve Day November 3, 1995

IHave a1l voted who wish? Have a1l voted who wish? Have a1l voted 858 !Iwho wish? Take the record. On that questton, there are 58 Ayes, 859 II

no Nays, none voting Present. The speciftc recommendations of the 860 ii

Governor as to House Bill 1002, having received the requlred 86l II

constitutional majority of vote of Senators elected, are declared 863 lI'

jaccepted. Senator Petka, on House Bill -- 10707 Madam Secretary, 864 iread the motion. 865 l

IiACTING SECRETARY HAWMER: 867ilI move to accept the specific recommendations of the Governor 869 Ii

as to House Bill 1070, in nanner and forn as follows... 871 I. i


Senator Petka. 876 iI

SENATOR PETRA: 878 'I

Thank you, Madam President and Members of the Senate. The 880 II

' king for concurrence, was a technical 88l iamendment: which I m as IIcorrection requested by the Illinols Municipal League. What it 882 1Ibasically did was add monetary contributions as part of tbe 883 ii

pre-annexation agreement which would survlve the expiration of the 884 ii

pre-annexation agreement. When we first deliberated on this Ii

measure, it passed 57 to zero. The Governor's amendatory message, 885 ii

in my opinionr strengthens the legislationr and I mcve fcr its 886 11

adoption. dI

PRESIDING OFFICER: (SENATOR DONAHUE) 668 iI1Senator Petka has moved to accept the specific recammendattons 890IIaf the Governor as to House Bill 1070. Is there any discussion? 892 ji

Senator Geo-Karis. II

SCNATOR GEO-KARIS: 894 !

Madam Presldent, w1ll khe sponsor yield for a questicn? 896 i

PRESIDING OFFICER: (SENATOR DONAHUE) 898 .

Indicates he'll yield, Senator Geo-Raris. 9O0 I

SENATOR GEO-KARIS: 902

Is thts btll a response to a Supreme Court decision which said 904 'I

19



i63rd Legislatlve Day November 3, 1995

that special use permits in an annexakion agreement die when *he 905

annexation agreement dies?


Senator Petkq. 909

SENATOR PETKA: 9ll

It ls in response to a lawsuit originating in Lake Countyy 9l3 I1Bank of Waukegan versus the Village of Vernon Hills

r in which the 9l4

Illtnois Appellate Court fcr the Second District brought to llght 9l6

j

'

'

the fact that the Munieipal Code was not clear on the zoning of 917I

territory after a pre-annexation agreement had expired.I

PRESIDING OFFICER: (SENATOR DONAHUE) 919 Iks

enator Geo-Karls. 921 jj

'

'

SENATOR GEO-RARIS: 923 I

I know the case. I Was the one who took it to the Supreme 925 I

Caurt. And Nhat this is doing then, in effectr since I have a 926

conflict of interest, what is it -- it's doing, in effect, it's 927

allowing annexatlon agreements which expire to retaln special use 928

permits for zoning, Which they shouldn't have. So, therefore, I 930

will be voting Present, slnce I have a conflict of interest on it.


Further discussion? Senator Rlemm. 934

SCNATOR KLEMM: 936 11

Thank you. Will the sponsor yield for a question? 938 jPRESIDING OFFICER: (SENATOR DONAHUE) 940

Indicates he'll yield, Senator Xlemm. 942

SENATOR KLEMM: 944

Senator Petka, I guess my concern would be: Does this bill 946

allow, khen, a municipality to contlnue to control, if you willr 947

the use -- the land use, the zoning, the fees and that, even after 948 'jj

a pre-annexation agreement expires, where it's no longer been 949 i1lncorporated within the municipal boundarles?1

PRESIDING OFFICER: (SENATOR DONAHUE) 95l 1IIi

20


REGULAR SESSIONSESATE TRANSCRIPT

63rd Legislative Day Xovember 3, 1995

ISenator Petka. 953 1

ISENATOR PETKA: 955. 1

1It permits the enforcement of the pre-annexattcn asreement. 957 1IThat's ccrrect

. Madam President, since there qppears to be 958 1

questlons about this, I will -- I'd like to just take it out of 959 Iithe record.I

PRESIDING OFFICZR: (SENATOR DONAHUE) 96l iI

Out of the record. 963 1i

SENATOR PETKA: 965 ji

Right. 967 j

PRESIDING OFFICER: (SENATOR DONAHUE) 969 iISenator Weaver, on House Bill 1106? Madam Secretaryr read the 971 i1motion

. IACTING SECRETARY HAWKER: 973 1

1I nove to accept the specific reccmmendations of the Governor 975 I

1.as to House Bill 1106, in manner and form as follows: 977 I

IAmendment to House B#11 1106 979 I

Iin Acceptance of Governor's Recommendatlons 980 I1Fil

ed by Senator Weaver. 982 jIPRESIDING OFFICER: (SENATOR DONAHUE) 9841

9a6 lSenator Weaver. I

988 1SENATOR WEAVER:I

Thank youf Madam President. In the amendatory veto the 990 iI

Governor suggests that the Chlef be the honored symbol of the 99l I1

rnlversity in the future be permisstve, still leavin: it up to the 992 jI

Board of Trustees to make that decision. j1PRESIDING OFFICER: (SENATOR DONAHUE) 994 1

iSenator -- senator Weaver has moved to accept the specific 9961

recommendatlons of the Governor as to House Bill 1106. Is there 997 il

any discussion? Is there any discussian? Any discussion? The 998 II

question is, shall the Senate accept the speeific recommendatlons 999 i1

of the Governcr as to House Bill 1106, in the manner and form just 1000!

1

21



I


stated by Senator Weaver. Those in favor will vote Aye. Opposed, 1001

Nay. The voting is open. Have all voted who wish? Have a11 1002

voted who wtsh? Have all voted Who wish? Take the record. On 1003

that question, there are 54 Ayes, 2 Nays, 2 voting Present. On 1005

that question -- Whoops. The specific recommendations of the

Governor as to House Bill 1106, having recetved the required 1006

constitutional majority of votes of the Senators elected, are 1008declared accepted. Senator Woodyard, on House Bill 1202? Senator 1010

Woodyard. Senator Woodyard, on House Bill 12027 Madam Secretaryr 1011

read the motian. 1012


I move to accept the specific recommendations of the Gcvernor 1016

as to House Bl1l 1202, in manner and form as follows: 1018

Amendment to House B1l1 1202 1020

in Aeceptance of Governor's Recommendations 1021

Filed by Senator Woodyard. 1023


Senator Wocdyard. 1027

SENATOR WOODYARD) 1029

Thank you, Madam President. At the request of Senator Raicar 1031

would you take this out of *he record? 1032

PRESIDING OPFICER: (SENATOR DONAHUE) 1034

Out of the record. Senator Geo-Karis, on Hcuse Bill 1221? 1036

Madam Secretary, read the motion. 1038

ACTING SECRETARY HAWRER: 1040

I mcve to accept the specific recommendations of the Governor 1042

as to House Bill 1221, in manner and form as fcllcws: 1044

Amendment to House Bl11 1221 1046

in Acceptance of Governor's Recommendations 1047

Filed by Senator Geo-Karisv 1049

PRESIDING OFFICER: (SENATOR DONAHUE) 1051iSenato

r Gec-Karis. 1053 1II

22

STATE 0F ILLINOIS89TH GENERAL ASSEMBLY


63rd Legislative Day November 3, 1995 'I

SEHATOR GEO-KARIS: 1055

Madam Prestdent and Ladies and Gentlemen of the Senatez I move 1057

for the acceptance of the amendatory veto on this bill. I think 1058

the Governcr made it a clearer case. This is a b11l relating to 1059

adcptions. And this bilk had conflicted with federal law in 1060

multlethnic placement of children, which would then jeopardize 1061

ellglbility for federal foster care subsidies. And I -- this

clears it up. It makes it in conformance with federal law, and -- 1062

has -- clears up the notification problem, and I ask for its 1064

favorable vote.


Senator Geo-Karis has moved to accept the speciflc 1068

recommendations of *he Governor as to House Bill 1221. Is there 1069

any discussion? Senator Hendon.

SENATOR HENDON: 1071

Thank you, Madam President. W)ll the sponsor yield fcr one 1073

quick questlon?


Indicates she'll yield, Senator Hendon. 1077

SENATOR HENDON: 1079

Thank you very much. Senator Geo-Karis, Representatlve 1081

Flowers raised an issue about the Waiting pertod betng eliminated, 1083

the sixty to nlnety days that give you opportunity to take a good 1084

Look at the prospective adoptive parents. And we a1l want 1086

adoptions to be as quickly as possible, but we felt a background

check uas necessary. Is there any protection there, in lieu of 1087

the fact that the -- the waiting perlod has been eliminated? 1088


Senator Geo-Karis. 1092


There's always a cheeking there. There are background checks. 1096 1They were not elimlnated. 1097

1II

23

STATE OP ILLINOIS89TH GENERAL ASSEMBLY


63rd Legislative Day November 3, 1995 '

IIPRESIDING OFPICER: (SENATOR DONAHUE) 1099 I

Further discussion? Senator Palmer. 1101

SENATOR PALMER: 1103

Thank you, Madam Presiden*. A question of the sponsor. 1105


Indicates shedll yleld, Senator Palmer. 1109


Senator Geo-Karisr I'm certatnly in support of this billy as I 1113

was last time, but I am concerned about one change that the 1114

Governor made. It eliminates the provision requirfng DCFS to 1115

increase minority recruitment staff. Could you shed some llght on 1116

why that was removedr please? 1

*

.

PRESIDING OPFICER) (SENATOR DONAHUE) 1118

Senatar Geo-Karis. 1120


There Was some language deleted. Right now ik says special 1124

efforts shall include contacting and working with community 1125

organizations and religious organizatlons and may include 1126

contracting with these organizations, utillzing local medta and 1127

other loeal resources. But baslcally they -- Ehey went in with a 1128

more -- generic statement, Senator Palmery in order to comply with 1129

the federal law. And that part was eliminated that you were 1131

talking about.


Further -- further discussion? Senator Palmer. 1135


Thank youz Senator Geo-Karis. But usually when the Governor 1139

completely removes scme portion of a bill that we have passed, 1141

there is some explanaticn. Is it -- and there must be some 1143

reason; otherwise, it's just summarily dismissed, and we, as a 1145

Body, voted for this.


I

24

j . ') 'L . . 1 . . . 5

I1



63rd Legislative Day November 3: 1995 :iI

Further discussion? Senator Trotter. Just a second. Senator 1149 IIiG

eo-Karis. ii

SENATOR GEO-KARIS: 1151 li

Senatoç Palmer, I believe the Governor did this to comply with 1153 II

the feieral Act. There was a federal Act called the Metzenbaum -- 1155 !l

Howard W. Metzenbaum Multlethnlc Placement Act of 1994, which was 1156 i

signed into law by President Clinton on October 20th: 1994. And I 1157 !1

think that Was his reason for making that change, to comply wlth 1158 'Ii

that Act. i

PRESIDING OFFICER: (SENATOR DONAHUE) 1160 IFurther discusston? Senator Trotter. 1162 ;

ii

SENATOR TROTTER: 1164 Ii

Thank you very muchy Madam Prestdent. Will the sponscr yleld 1166 '

for one questiony please? 1167 '!l

PRESIDING OFFICER: (SENATOR DONAHUE) 1169 .E

Indicates she'll yield, Senator Trotter. 1171 i

ISENATOR TROTTER: 1173

iYes. DCFS has, in the past, always used that as -- as its 1175 I

ithrust in unification of the familles: in bringing the famllles 1176 i

back together. They've alsc deleted in this -- in this current 1177 iIIform that provision that would have emphasized brtnglng the family 1178 iI

reunification. Is there a rationale behind that? 1179 ii

i1Senator Geo-Karis. 1183 Ii

SENATOR GEO-KARIS: 1185 II

This would not prevent families being brought in kogekher. 1187 !I

his bill does not prevent that . 1188 !TIi

PRESIDING OFFICER: (SENATOR DONAHOE) 1190 iI

Senator Trotter. 1192 !!

SENATOR TROTTER: 1194 1

not preventing it, but there's not an emphasis on trying tc 1196 '

assure that that is done first, assuming, of ccurse, that families 1197;

25


REGULAR SESSIO:SENATE TRANSCRIPT

:63rd Legislative Day November 3, 1995

I

work better together versus an outside party coning in; whereas, 1198

the original language of the bill d1d have that provtslon in ity 1199

again, assuring that *e -- we did get that Hfamily first'' 1200

initiative.


Senator Geo-Karis. 1204


Fcr the record, I would say that the reason it was done this 1208

way is to prevent lack -- lack -- a 1ot of waste of time in an 1209

adoption. And you can bring in a family? you might say, but let 1210

then prove themselves. Suppcse it's an incestuous family. I 12111mean

, there's things to consider if welre going to look at the 1212 11best lnterests of the chlld fcr adoption

. And I think the 1213 1Governor's amendatory veto was ccrrect.

PRESIDING OFFICER: (SENATOR DONAHUE) 1215 I1

Further discussion? Senator Trotter. 1217 1

SENATOR TROTTER: 1219

Well, which was -- which d1d bring sort of some -- a little 1221

concern as far as scme Members of this side, because they d#d take 1222

away the -- the waitlng perlod time ln whlch there could have been 1223

a longer opportunity in which these investigatians could have been 1224

held. So what's happentng, this -- this bill which -- when it was 1226

lnitlally brought forth during the sprin: Session was good bill,

but I think it's seriously flawed at this particular time. 1227


Is there further discusslon? Further diseussion? Senator 1231

Geo-xaris, to close. 1232


1Madam President and Ladies and Gentlemen of the Senate, this 1236 1ls a bill about multiracial adoptions and a b111 to expedite 1237 I

adoptions. And you and I al1 know that with al1 the pressure of 1238I

the Baby Richard case and the Baby Jane caser people are going tc 1239

I

26

STATE OP ILLINOIS89TH GEHERAL ASSEMBLY


63rd Legislattve Day November 3, 1995 III

be far more careful in their checks - background checks - cn 1240 li

adoptlons. And -- and the bill is destined to hasten adaptions, iI

rather than let the children be out on a limb. And I ask for 1241 '

f ble consideration of thls amendatory veto. 1242 :avoraI

i;

The questlon is, shall the Senate accept the specific 1246 ;

recommendatlons of the Governar as to House Bill 1221, in the 1247:

nanner and form just stated by Senator Geo-Karis. Those in favor 1249 Ik

will vote Aye. Opposed, Nay. The voting is open. Have a1l voted 1250 E

who wish? Have all voted who wish? Have a1l voted who Nish? 1251

Have al1 voted wha wtsh? Take the record. on that question, 1252

there are 42 Ayes, 5 Nays, 8 voting Present. The speclfic 1253

recommendations of the Governor as to House Bill 1221, having 1255

recetved the required constitutional majority vote of the Senatorselected, are declared accepted. Senakor Clayborne, for what 1257 E

purpose do you seek reccgnitlon? 1258

SENATOR CLAYBORNE: 1260 '

1 if for the record on House Bill 1106, I -- the record 1262 'To c ar y . ,

ishows that I voted a No. I intended to vote Yes on that. 1264 !

PRESIDING OFFICER: (SENATOR DONAHUE) 1266 2

The record will so reflect. House Bill 1498. Senator 1268 .l

Geo-xaris. Madam Secretary, read the notion. 1270 ii

ACTING SECRETARY HAWKER: 1272 ii

I move to accept the specific recommendations of the Governor 1274 iI

as to House Bill 1498, in manner and form as follows: 1276 li

Amendment to House Bill 1498 1278 iI

in hcceptance of Governor's Recommendations 1279 ii

Filed by Senator Geo-Raris. 1281 II

pRsszozuo oFFzceR: (ssxAToR noxAsrs) 1283 '

Senator Geo-Raris. 1285I

SENATOR GEo-MARIs: 1287 E

Madam President and Ladies and -- Ladies and Gentlemen of the 1289 '

I

27

' l ..




Senate, the Governor had amendatorily vetoed this bill due to 1290I

concerns raised by the Mayor of the City of Chicago with changes 1291 Ii

sade to the Muntcipal code with regard to o'Hare Airport 1292 II

purchases, and financial interest disclosures of those bidding on 1293 !I

municipal Contracts and, three, provisions Whlch require li

forfeiture of office cf officials who knowingly and intentionally 1295 iI

let a contract in Violatlon of the Code's Competitive bidding 1296 ii

requirements. The Mayor felt that this would be -- affect and 1297 1

interfere with the home rule powers of the municipaltty. And I 'I

ask for a favorable vote. 1298 'I

PRESIDING OFFICER: (SEHATOR DONAHUE) 1300 IIsenator ceo-xaris has moved to aceept the specific 1302 i

recommendakions of the Governcr as to House B#l1 1498. Is there 1303i

any discussion? Senator cullerton. .

SENATOR CULLERTON: 1305

Yes. Would the sponsor yield? 1307 ;i

PRESTDING OFFICER: (SENATOR DONAHUE) 1309 iI

Tndicates she'll yieldr Senator Cullerton. 1311 II

SENATOR CULLERTON: * 1313 I

Senator, this bill deals with - not the amendatory veto so 1315 ii

much as the criginal btlt - deals with a ban on the acceptance of 1317 Ii

honorarium by Members of the General Assembly. Is that correct? 1318 I1

pRsszozxs ogFzcER: (sEsAToR ooxluus) 1320 I1

Senator Geo-Karis. 1322 II

1324 1SENATOR GEO-KARIS:I

6 iOr iginally , yes . L321

28 IPRESIDING OFFICER: (SENAIOR DONAHUE) 13i

Senator Cullerton. 1330 lI

SENATOR CULLERTON: 1332 'I

Well: if it's still in the bill: and I think it is, I Wonder 1334 'Iiif you could clarify scmething for me. There's a definition of 1335 I

Ihonorarium which -- which means the payment of money to a Member 1336I

28

. ')

STATE OF ILLINOIS89TH GENERAL ASSEMBLX


63rd Legislative Day November 3, 1995 '

Iof the General Assembly for an appearance or speech, and then it 1337 I

Iexcludes travel expenses. I'm wondering if this is -- if your 1338 I

Ilegislative inkent, if you willy is -- is such that itds meant to 1339 1

Icover speeches that we might give in cur capactty as Members of I

the General Assembly, as oppcsed to, say, an insurance agent Who 1340 1I

might be asked to give a speech to a ccnventlon of insurance 1341 1i

agents and whereln he or sbe receives a -- a fee? Or in my case, 1342 II

I'm sometimes asked to give speeches uhich are more like comedy 1343 II

routlnes than they are speeches on matters of -- involving the 1344 I

Members of the General Assembly. And sometimes I am afforded an 1346 'i

'

jhonorarium, and I'm just wondering whether or not this ls

somethtng whieh is covered by this legislation or -- or not. 1347 '

Because if you look at the definitiony it just says for an 1348 .

appearance or speech. I


senator Geo-xaris. 1352 'I

SENATOR GEo-KARTs: 1354 iI

I hardly think that speeches for comedy routines would be 1356 II

covered by the absence of honorariums. That's not an honorarium; 1357 II

that's payment far your good services and as a gocd comedy 1358 II

interpreter. As far as the -- it goesy travel expenses and hotel 1359 I1expenses are given to a speaker, to a -- to a legtslator if he or 1360 I

1she appears before any lobby qroups and so forth, but they cannot

Ibe paid an honorarium. 1361 I

1PRESIDING OFFICER: (SENATOR DONAHUE) 1363 I

ISenator Cullerton. 1365 i

ISENATOR CULLERTON: 1367 j

IWell, you know, I just -- I just gave a speech the other day 1369 1

and the lady in charge offered me an honorarium, and then she said 1370 'I

- - she said, ''Senator: here's your honorarium, but I'm Nondering 1372 .

if you wouldn't mind donating Ehis honorarium to our charity.'' 1373 II

And I said, ''Sure. I donate to chartty al1 the time. But just 1374 jI

29

STATE OF ILLINOIS89TH GEXERAL ASSEMBLV


I63rd Legislative Day November 3, 1995 I

out of curiosity, what is your charity?'' She sald, ''Well, wesre 1375

trying to ralse some money so that next year we can get a better

speaker.'' 1376


Further discussion? Senator Geo-Karis, to close. 1380


Sometines a11 of these discussions are comedy routines, even 1384

here. I ask for a favorable vote cn this bill. 1385 II

IThe question isr shalt the Senate accept the speciflc 1389 I

I' jrecommendattons of the Governor as to House Bill 1498, in the 1390 IImanner and form just stated by Senator Geo-Karis

. Those in favor 1391 IIWi11 vote Aye. Opposed, Nay. The voting is open. Have all voted 1392 I1.who wish? Have a11 voted wbo wish? Have a11 voted Who Wish?

Have a1l voted who wish? Take the record. On that questionz 1393 Jthere are 52 Ayes, no Nays, 6 voting Present. The speciflc 1394 1

recommendations of the Governor as to House 3il1 1498, having 1395

recelved the required constitutional majority vote of the Senators 1396

elected, are declared accepted. senatar Sieben, on House Bill 1397

16937 Madam Secretary, read the motion.


I move to accept the specific reccmmendations of the Governor 1401

as to House Bi1l 1693, in manner and farm as follows: 1403

Amendment to House Bi11 1693 1405


Offered by Senator Sleben. 1408


Senator Sieben. 1412

SENATOR SIEBEN: 1414

Thank you, Madam Presldent. The Governor merely changed the 1416

word from ''shall'' to ''may'' in this program, making it 1417

discretionary rather than mandatory. I know of no opposition and 1418

I1

30



63rd Legislative Day November 3, 1995 1!I

I'd ask for an Aye vote.


Senator Sieben has moved to accept the specific 1422

recommendgtions of the Governor as to House Bill 1693. Is there 1423 1any discussion? Any discussion? Any discusston? Seeing none, 1424

the question is, shall the Senate accept the spectfic 1425

recommendations of the Governor as to House Bill 1693, in the 1426 1manner and forn just stated by Senator Sieben. Those ln favor 1428

will vote Aye. Opposedr Nay. The voting is apen. Have a11 voted 1429

1who wish? Have a11 voted who wish? Have a11 voted who Nlsh? 1430I' IT

ake the record. 0n that question, there are 58 Ayes, nc Nays, 1431 'j1

none votin: Present. The specific recommendations of the Governor 1432 i1I

as to House Bill 1693, havtng received the required constltutional 1lty vote of the Senators elected, are declared accepted. 1433 lnajor 1

Senator Weaver, on House Bill 1696? Read the motion, Madam 1434 1Secretary.


1I move to accept the speclfic recommendatlons of the Governor 1438 1I

as to House Bill 1696, in manner and form as follows: 1440

Amendment to House Bill 1696 ' 1442


Offered by Senator Weaver. 1445


Senator Weaver. 1449

SENATOR WEAVER: 1451

Thank you, Madam President. As thls bill Went to the 14531G

overnor, it allowed the Secretary of State to issue plates foc 1454 lany private or public college or university located in the State. 1455 j

1The Governor recommends that the -- those private colleges or 1456 II

universities eligible for the program be limited to !I1degree-granting, not-for-profit private calleges or universities 1457i

in order to eliminate schools which are only temporary or 1459 j!I11

31

. .k '. - .

' - - - - u'. - - - - .

STATE OF ILLINOIS89TH GENERAL ASSEMBLV

REGULAR SESSIONSENATZ TRANSCRIPT

63rd Legislative Day November 3, 1995 .1

privakely operated businesses. The Governor also added lanquage 1461

to clarify that any money dlstributed is for the sale purpose of 1462

scholarships. And lastly, the changes are made to provide that

the Secretary of State has the authority to determine the 1463

eligibility of participatlon in collegiate license plate programs, 1464

including settin: the minimum amount of requests required to 1465I

approve the creation of the plate. I'd mave for its adoption. 1466 lPRESIDING OFFICER: (SENATOR DONAHUE) 1468 1

Ihas moved to accept the specific 1470 iSenator Weaver

I1recommendattons of the Governor as to House Bill 1696

. Is there 1472 I. Iany discussion? Any discussion? Any discussion? Seeing none, 1473 1

Ithe question is, shall the Senate accept the specific 1474 i

irecommendations of the Gcvernor as to House Bill 1696, in the 1475 I

I1manner and form just stated by Senator Weaver. Those in favor 1477 1Iwill vote Aye. Opposed, Nay. The voting is open. Have a11 voted 1478 j1

who wish? Have all voted who wish? Have all voted who wish? 1479 jI

Take the record. On that question, there are 56 Ayes, no Naysz 1480 11

ne voting Present. The speclffc recommendations of the Governor 1481 1no11as to House Bill 1696, having received the required constitutional 1483

majarity vote of the Senators elected, are declared accepted. 1485Senator Walsh, on 2070? Madam Secretary, read the notëon. 1486

lACTING SECRETARY HAWKER: 1488I move to accept the spectfic recommendations of the Governor 1490

as to House Bill 2070, in manner and form as follows: 1492

Amendment to House Bill 2070 1494

in Acceptance of the Governor's Recommendations 1495

Offered by Senator Walsh. 1497


Senator Walsh. 1501

SENATOR WALSH: 1503

Thank youy Madam President. The Governor asked for two 1505 1I

changes tc House Bill 2770 <sic> (2070). Pirst of all, he wants 1506 I1I

32

' l . .



63rd Legislative Day November 3, 19951iI

to clarify that those persons aging out of special educatlon are 1508 j

eligible for hcme-based support services, subject to the j1

availability of funds. And secondly, the -- the Governor 1509 11

recommends deleting the provlsion of House Bill 2070 which 1510, I1

ldes for the termtnation of the program if the ccurt 1512 1Prov1

'd ask for a 1determines that the prosram is an entitlement. And I I

1favorable vote. I know of no oppositlon. 1513 1

iPRESIDING OFFICER: (SENATOR DONAHUE) 1515 j

1Senator Walsh has moved to accept the speclfic recommendations 1517 I1

of the Governor as to House Bill 2070. Is there any discussion? 1519 Ii'

jSenator Smith.i

21 iSENATOR SMITH: 15iiThank you

, Madam President. I merely stand to encourage the 1523!IMembers on this side to support this amendatory veto. Thank you. 1524 ii

PRESIDING OFFICER: (SENATOR DONAHUE) 1526 i1

Thank you, Senator Smith. Is there any further discussion. 1528 jI

Any further discusslcn? Sena*or Walsh, to close. The question 1530 1I

is, shall the Senate accepe the specific recommendations of the i1

Governor as to House Bill 2070: ln the manner and form just stated 1531 1I

b Senator Walsh . Those in f avor will vote Aye . Opposed r Nay . 1533 lX 1IThe voting is open

. Have a1l voted who wish? Have al1 voted who 1534 I1

wish? Have all voted who wish? Take the record. On that 1535 jI

question, there are 58 Ayes, no Nays, none voting Present. The 1537 jI

specific recommendations of the Governor as to House 3ill 2070, 1538 l1

having received the required constituttonal majocity vote of the 1539 II

Senators electedr are declared accepted. Senator Sieben, On House 1542 IIlBill 2141? Read the motfon, Madam Secretary. IiACTING SECRETARY HAWKER: 1544i1I move to accept the specific recommendations of the Governor k546IIas to House Bill 2141: in manner and form as follows: 1548 iiAmendment to House Bi1l 214k 1550 iI

in Acceptance of Governor's Recommendations 1551 iiI:

33



63rd Legislative Day November 3, 1995 I

Offered by Senator Sieben. 1553


Senator Sieben. 1557 I

S;NATOR SIEBEN: 1559I

Thank your Madam President. The Governor made a couple of 1561 II

changes in this legislation. The ftrst one of significance was 1562 Ii

the removal of the provision that would have required a -- an 1563 I1

individual or an entity to refund tax incentives that they had 1564 I1

received for locating in an area. And he removed that totally. 1565 11

That was the same provisions that Senator Dunn had fn his Senate j

Bill 203 that he took out of the record yesterday after the 1567 jIGovernor had vetoed that. And then the other change that the 1568

IGovernor made - - that the Governor made relating to Eax-exempt 1569 I

lproperty of historical districts, he expanded that to also include I

ithose properties that would be in more than one countg. I know of 1570I'

jno opposition and I would move for the acceptance of the 1571l

datory veto. 1amenl


Senator Sieben has moved to accept the specific 15761.

recommendations of the Governor as to House Bill 2141. Is there 1578I

any discussion? Senator Palmer. 11

SENATOR PALMER: 15801Thank youy Madam Presldent. A questton of the sponsor. 1582


Indicates he'll yieldz Senator Palmer. 1586

1SENATOR PALMER: 15881

Senator Sieben, you said there is no opposition to this bill, 1590

and yet it has removed the Secticn that would require a business 1591

to repay any tax benefits if it relocates outside the taxing 1592 1district. Cculd you -- I -- the Municipal League and others whc 1593 1

I- - towns and villages Ehat would benefit from gettin: their tax 1594 I

idollars back are not oppased eo removing this Section? !

II!

34

< - .- ---.T - - - . . ..




I

PRESIDING OPFICER: (SENATOR DONAHUE) 1596 IISenatcr Sieben. 1598

SENATOR SIEBEN: 1600

Thank you. Senator Palmer, we have heard fram no one 1602. Iobjecting to the removal of this Section. We have heard, however, 1604

f rom businesses such as Deere & Company , who wculd be 1605

igni f icant ly lmpacted i f these provis ions were tak ing ef f ec t . 1606 IsI

And I know they've discussed this with Senator Dunnz and that Was I1the reason that we've - - We've taken this provision out of this 1608I

bilk as well. I. 1PRESIDING OFFICER

: (SENATOR DONAHUE) 1610 I

Purther discussion? Senator Thomas Dunn. 1612I

SENATOR DUNN: 1614 I

Thank youy Madam President. To address Senator Palmer's 1616 Il

question: Senator Sieben is exactly correct. I had a bill, 1618 i

ëtled Senate Bill 703, which did exactly that. And as a 1620 lentI

safeguard, I also put it in this bill. And I have agreed w1th IIDeere & Company and the Taxpayers' Federation and Dave Vlte and 1621I

one or two other people to come back w1th a bill that will do: in 1622 IIprinciple, exactly what 703 and what this provtsion, that was 1623

amendatorily vetoed out: Wculd do. Sa I expect to have a bill in 1625 I

the spring that will be a meankngful bill to accomplish the same Iend.

PRESIDING OFPICER: (SENATOR DONAHUE) 1627

Is there any further discusslon? Further discussion? Seeing 1629

none, Senator Sieben, Eo close. The question is, shall the Senate 1631 1

accept the specific recommendations of the Governor as to House 1632 1Bill 2141, in the manner and form just stated by Senator Sieben. 1633

IThose in favor will vote Aye. Opposed, Nay. The voting is open. 1634

IHave a1k voted who wish? Have a1l voted who wish? Have all voted 1636 I

1who wish? Take the record. On that questicn, there are 58 Ayes, 16371

no says, none voting Present. The specific recommendations of the 1638 lII

35

STATE OP ILLINOIS89TH GENERAL ASSEMBLY


63rd Legislative Day November 3, 1995 I

Governor as to House Bill 2141, having received the required 1640

constitutional majority of vote of the Senators elected, are 1641

declared accepted. ...wilL now return to your regular Calendar.

on the bottom of page 4, under Motions in Writing tc Accept 1643

specific Recommendatians for Change, is Senate Bill 46. Madam 1644

secretary, will you read the mctton, please. 1646

ACTING SECRETARY HAWKER: 1648 II

I move to accept the specific recommendations of the Governor 1650 I1.as to Senate Bill 46, in manner and form as fotlows: 1652IA

mendment to Senate Bill 46 1654 j'

, Iin Acceptance of the Governor s Recommendaticns 1655

1Offered by Senator Mahar. 1657 IlPRESIDING OFFICER: (SENATOR DONAHUE) 1659 I1Before we continue

, WGEM-TV out of Qulncy requests permisston. 1661

IIs -- is the request granted? Request is granted. Okay. Senator 1662 1Mahar, on Senate Bill 46.

SENATOR MAHAR: 1664

Thank yau, Madam President. Senate Bill 46 is the Brownfields 1666

legislation which we adopted in the spring Session. And for a1l 1668

of my colleagues in this Chamber uho stood in strong oppositicn to 1669

this bill because of the issue of proportionate share, yau have 1670

found an ally on the Second Floor, and that partlcular element has 1671

been vetoed out of the bill. The rest of the bill, which we think 1672

is important, which establishes the tiered, risk-based approaeh to 1673

determining the appropriate level of cleanupr remains. So I would

move that we accept the Governcr's specific recommendations for 1674

change.

PRESIDING OFFICER: (SENATOR DONAHUE) 1676 I1Senator Mahar has moved to accept the specific recommendations 1678

discussion? 1680 lof the Governor as to Senate Bill 46. Is there anyi

senator Becman. II

SENATOR BERMAN: 1682 III

36



63rd Legislative Day November 3, 1995iI

I -- a question of the sponsor. 1684 jiPRESIDTNG OFFICER: (SENATOR DONAHUE) 1686 i

Indicates heill yield, Senatbr Berman. 1688 1i

SENATOR BERMAN: 1690 I. I

With the Governor's amendatory veto: am I correct in statin: 1692 iith

at the prior law, which was a joint and several liability, is 1693 I

reinskated? Which means that if I can be shown -- if it can be L694 Ei

shown that I contributed any level of contamination to thls 1695 ii

particular site, regardless of everybody else who contrlbuted, uho 1696 I

may be broker and I'm the only one that has moneyr I could be held $697' kresponslble for the whole ccst, even though my, quote,

i

''contribution'' to the bad environmentally polluted site was only 1698 i

ten percent. Is that what this amendatory veto dces? 1699i

PRESIDING OFFICER: (SENATOR DONAHUE) 1701iSenator Mahar. 1703ï

'

SENATOR MAHAR: 1705 :

Unfortunately, it does that. 1707 .

PRESIDING OFFICER: (SENATOR DONAHUE) 1709 ;I

Is there further discussion? Oh! Senator Berman. 1711 i

SENATOR BERMAN: 1713 il

1 would urge that we support the Governor's amendatory veto. 1715 iI

It's better -- I didn't kike the bill when lt passed, but I think 1716 II

that the anendatory veto helps us in the concerns regarding the 1717 I

ienvironmental impact of these polluters. Sc 5 think a half a loaf 1718 1

(s better than none, and we're offered a half a loaf under this 1719 Ii

situatian. iI

PRESIDING OFFICER: (SENATOR DONAHUE) 1721 jiIs there further discussion? Senator Welch. 1723

SENATOR WELCH: 1725 iI

I have a question of the spcnsor. 1727 II

PRESIDING OFFICER: (SENATOR DONAHUE) 1729 II IIndicates he 11 yieldr Senator Welch. 1731 i

'

37

-2 ''l



63rd Legislative Day November 3, 1995. i

iiSENATOR WELCH: 1733 jI

Senator Mahar, how will you determine proportionate share if 1735 Ii

you find a landfill that's contaminated and the people started 1736 ii

dumping in that landfill back in li60? 1737 jPRESIDING OFFICER: (SENATOR DONAHUE) 1739 i

1Senator Mahar. 1741 i

ISENATOR MAHAR: 1743 I

IThe issue of proportlonate share has been totally removed from 1745 i

Ithis bill, and that lssue wilk -- as you describe it, will be 1746 I

ihandled the same way it has been handled. 1747 i

. IPRESIDING OFFICER: (SENATOR DONAHUE) 1749 4

ISenator Welch. 1751 i

iSENATOR WELCH: 1753 i

INo. Okay. 1755 i

i

iA11 right? 1759 I

1SENATOR WELCH: 1761 !

IGcod. 1763 I

iPRESIDING OFFICER: (SENATOR DOHAHDE) 1765 1

lOkay? Further dtscussion? Further discussion? Seelng none, 1767 i

iSenator Mahar, to close. Senatar Mahar has moved to accept the 1769 I

ispecific recommendations of the Governoc as to House Bill -- I

ISenate 46. The question isr shall the Senate accept the specific 1771 I

I

recommendations of the Governor as to Senate Bill 46. Those in 1772 1favor will vote Aye. Opposed, Nay. The voting is open. Have all 1774 1

1voted who wish? Have all voted who wlsh? Have a11 voted who 1775 j

1wish? Take the record. On that question, there are 55 Ayes, 3 1776 I

iNays, none voting Present. The specific recommendations of the I

IGcvernor as to senate Bill 46, having received the required 1777 j

iconstituticnal majority vote of the Senators elected, are declared 1779 4

Iaccepted. ...wil1 now proceed to Supplemental Calendar Nc. 2, 1780 ;

ISecretary's Desk, Resolutians. Senate Joint Resolution 59, 1781 I

iI

38

. l . -



63rd Legislative Day

offered by Senator Cronin. Read the resolution, Madam Secretary.

ACTING SECRETARV HAWKER: 1783

Senate Jolnt Resolution 59. 1785

Ncvember 3, 1995

There are no committee amendments. 1787

PRESIDING OPFICER; (SENATOR DONAHUE) 1789

Senator Cronin. 1791

SENATOR CRONIN: 1793

Thank you, Madam Speaker. Senate Joint Resolution 59 is a 1795

shell. We have been negotiating and discusstng and debating the 1796

issue of mandate waivers for a number of weeks now. And We have 1797

made some progress and we will continue to negotiate in gocd faith 1798

with the Minority Party and with aur colleagues from House, 1800

and I'm confident we will be able to resolve this issue very soon.

Sor ask for your favorable support to mcve the process along. 1802


Is there any discussion? Any discussion? Senator Berman. 1806

SENATOR BERMAN: 1808

Thank you, Madam Presldent. Ladles and Gentlemen of the 1810

Senate, had thought as of yesterday that we had had some 1811

specifics that would have net most of the desires of most of the 1812

Members on this Floor. was advised thls morning that that 1813

tentative agreement was withdrawn. I have filed an amendment that 1814

includes what the Chairman and 1 talked about yesterday. And 1815

have suggested and I'm -- stating thls publicly because 1816

think tt's important for each of us to understand thc very, very k817

serious problem that Ehls lssue presents to us. And compltment 1818

Chairman for at least obtainlng the consent to move thts 1819

the -- the shell resolutions forward. And it's my intention Eo

vote Yes on the shell resolutions. But tell you that am 1820

disturbed that there wasn't included at least one these 1821

shells some specifics. And the specifics Ehat 1'm talking about 1822

would have been a disallowance of the two school dtstricts that 1823


REGOLAR SESSIONSENATE TRANSCRIPT


want to reinstate corporal punishment and the five school

dlstricts that want to be relieved any accreditability 1824

accountability requirements under the State law at all, and those 1825

- - and to two school districts that want put children .into 1826

schools without having sprinkler systems, which presently 1827

requlred by State law. NoN those are three subjects that if if 1828

I were *he Chair and I were the sponsor, those three elements 1829

would be ln these resolutions. Now: for reasons that are nct 1830

available to me, these three items are not in these resolutions. 1831

I want the record to be clear that my impressicn that I and 1832

virtually all, if not all: of the Members on this side of the 1833

aisle would have supported these resolutions to disallow the

waivers dealing with sprinkler systems, accountability and 1834

corporal punishment. Now, hope that the House does at least 1835

those three and sends it back to us on November l4: 15 and l6, 1836

because think would be outrageous - outrageous - to allow

those waivers under those three categories to take effect. But 1838

I'm going to support Senator Cronin's shell resolutions, and

hopefully that he and I can convince the House that at least those 1840

three categories and perhaps more should be included. But an 1841

very upset with the lack of preparation, *he lack of head 1842

countins, the lack of a substantlve resolution, addressing at 1843

least those three categories. And I hope that the Majority Party

and the Chalrman of this committee and this side can work towards 1844

clarifying in January a bill that will allow us do Nhat we 1845

aught to do come the May deadltne in 1996. So I'm gcing to 1846

support it. It's only a shell; it ought to be substantive. But 1647

- - and I guess one of my colleagues has asked whether, when 1648

comes back from the House - hopefully it comes back frcm the House

will we see in ccmmittee. 1,11 defer to the Chairman to 1849

answer in his closing remarks. But this what I Was worried 1850

about the spring and here we are with only shells, and I hope 1851

40

II

STATE OF ILLINOISI 89TH GENERAL ASSEMDLY' REGULAR SESSION

SENATE TRANSCRIPT

!

' 63rd Legislative Day November 3, 19951II the House acts responsibly. Thank you, Madam President. 1852I PRESIDING OFFICER: (SENATOR DONAHUE) 1854I

Senator cronin. 1856I

! oR cRoulu: l8s8sEuhT1j ''Thank you, Madam Speaker. And in response to my cclleague: 1860I

I senator Berman, by movin: this shell does not mean, or does not 1862I

indicate, that those issues - namely the sprinklers, the 1863

accountablllty, corporal punishment and a number of others - Will 1864

not be part of the ultimate resolution. We have negotia*ed in

good faikh. I think by the virtue of the fact that we are making 1865

such a diligent effort to talk to all Members, to get input from 1866

so many differen: interests, that -- that this process ls taking a 1867

little bit longer khan originally anticipated. This is the first 1868

ttme we've gone thrcugh this waiver process. It's not an easy 1869

issue to resolve. We're trying to strike the rlght balance 1870

between local control and State direction or leadershlp. So, we

will continue to negotiate in good faith with the Mlnority Party 1871

and our colleagues in the House, and I'm confident that you will 1872

have a resolution at the end that Will include some of these 1874

proposals and, hopefully, you will be able to support it. Whether 1875

or not we debate it in committee, I can assure you that we Will

comply witb the Senate Rules. Thank you. 1876




Thank you, Madam Prestdent. A question of the sponsor. 1884


Indicates he'll yieldr Senator Palmer. 1888

SENATOR PALMER; 1890

Senator Cronin, I know this must be very difficult and I can 1892

appreciate that, trying to negotiate between local and State 1893

matters. But I've started getting a lot of calls on this, and 1895

41

. ï,

I' j! jIj STATE OF ILLINOIS j89TH GENERAL ASSEMBLYII REGULAR sEssloNl SENATE TRANSCRIPTI


just as Senator Berman has said, I'm very concerned about those 1896

three. But I'm also askin: you, as a matter of record: Do you

have a procedure in mind, so that shculd we vote Yes on this we 1897

can know how we can participate in that debate and whether or not 1898

as we receive calls, we can add them to this list that I have of 1899

concerns -- areas of concern? Is there a procedure, in other 1900

words?




Well, as you know; Senator, any Member of this Body is capable 1908

of -- of filing a resoluticn to take up an issue that they may 1911

feel is near and dear to them. If there is a request for a waiver 1912

before the State Board that's been brought to your attention that 1913

you find troublingy you're well within your right tc file a

resoluticn and try to advance it through the process, like any 1914

other bill. Wha: We are attempting to do here is to put al1 of 1915

those considerations through the Senate Education Ccmmittee. 1916

We've had lengthy hearings the last two days and -- to put ane -- 1917

a resolution together that -- that ts supported by the Majority 1918Members of that committeey and I am asking for the Minortty

Members to join ln that majarity. So that's the only way I kncw 1919how to answer your question. 1920




Thank you, Madam President. Thank you, Senator Cronin. 3u* 1928

it's my understanding that -- and correct me if I'm Wrong - that 1931

these resclutions that have been filed are still in the Rules

Conmittee. So that's why I'm asking about what the procedure is. 1932

You said we could file them. Wellr they have been filed by 1933

Members on both sides of the aisle. So, what is the pracedure for 1934

42



63rd Legtslative Day November 3, 1995

engaging in thls debate if they are held in Rules and if this is a 1935

vehtcle and there's noEhing specific about next steps? 1936




Like a bill that may be before the Rules Committeey you would 1944

have to bring your -- you know, make your argument to the Rules 1945

Comnittee. You may try to amend the resolution thatls -- that -- 1946

that may be advancing through the process. Yau knaw the rules. 1947


Further discussion? Senator Demuzto.

SENATOR DEMUZIO: 1953

Thls is -- thank you, Madam President.

confusing issue, and we're dealing wtth

know this is a 1955

a resolutton that doesn't 1956

do anything. I -- I'm willing to go along with the notion that 1957

has been expressed by Senator Berman on this side, but I don't 1959

want my vote to be interpreted that somehow or other favor any

of these waivers. And I'm also told that we would have enough 1960

tlme during the period when whtch we come back to further resolve 1961

this if it's necessary: depending upon what actian that the House 1962

takes.


Is there any further discusslon? Further discussion? Seelng 1966

none, Senator Cronin, to close. 1967


I ask for your favorable consideration.

PRESIDING OEFICER: (SENATOR DONAHUE) 1973

Senator Cronin moves the adoption of Senate Jcint Resolution 1975

Those in favor, say Aye. Opposedz Nay. The Ayes have

and the resolution is adopted. Consent Calendar. We Wilk now 1978

proceed to the Order of Resolutions of Consent Calendar. With 1979

leave of the Body, al1 those that are read today Will be added 1980

43

STATE OF IZLINOIS89TH GENERAL ASSEMBLY


63rd Legislative Day November 1995

to the Consent Calendar. Mr. Secretary, have there been any

objections filed to any resoluttons? 1981SECRETARY HARRY: 1983

No objections have been filed, Madam President. 1985


Is there any discussion? If noty the question is, shall *he 1989

resolutions on the Ccnsent Calendar be adopted. those 1990

favor, say Aye. Opposed, Nay. The Ayes have it, and the mction 1991

carries and the resolutions are adcpted. Resolutions. 1992


Senate Joint Resolutëon 68, offered by Senator Weaver. 1996

(Secretary reads SJR No. 68) 1998


Senator Weaver moves to suspend the rules for the purpcse and 2002

immediate conslderation and adcption of Senate Jclnt Resolution 2003

68. Those favor will say Aye. Oppcsed, Nay. The Ayes have 2005

it, and the rules are suspended. Senator Neaver now moves the 2006

adcption of Senate Joint Resolutlon 68. Those in favorr say Aye. 2007

Opposed, Nay. The Ayes have it, and the resolution is adopted. 2009

. . .could have your attention of the Membership for just a momenty 2010

please. We have, in essence, concluded our business for today. 2011

We w(l1 not adjourn upon our final order business so We can 2012

keep the Office or the Well opened to accept messages, but there

will be no further business. And I would like to ask all Members 2013

to be in their seat to consider a resolution. Messages from the 2014

House.


Message from the House by Mr. McLennandy Clerk. 2018

Mr. President I am directed to inforn the Senate that 2020

the House of Representatives has adopted the following joint 2021resalution, ln the adoptton of which I am instructed ask the 2022

concurrence of the Senate, to wit:

44



63rd Legislative Day November 3: 1995II

House Joint Resolution 63. 2024 Ii

(Secretary reads HJR No. 63) 2025 'IIAdopted by the House

, November 3rd, 1995. 2027i

PRESIDING OFFICER: (SENATOR DONAHUE) . 2029 1. I

Senator Klemm. 2031 j1SENATOR KLEMM: 2033 1

Wellz thank your Madam President. I move to suspend Senate 2035 Ii

i f resolutlons. 2036 jRule 3-6(a), which restricts the considerat on o1PRESIDING OFFICER: (SENATOR DONAHUE) 2038 l

lemm has moved to suspend Rule 3-6(a). All those in 2040 iSenator Ki

favor, say Aye. Opposedr Nay. The Ayes have it, and the rules are 2041 II

suspended. Senator Klemm. jlSENATOR RLEMM: 2043i

Iid like to now move to suspend the rules for the immediate 2045 iI

consideration and adopticn of House Joint Resolution 63. 2046 jiPRESIDING OFFICER: (SENATOR DONAHUE) 20481

Senator Klemm has moved to suspend the rules for the purpose 2050 II

of the lmmediate considecation and adoption of House Jolnt 2051 jIResolution 63. Those in favor will say Aye. Opposed, Nay. The 2052 I

Ayes have ity and the rules are suspended. Senator Klemm. 2053 1I

SENATOR KLEMM: 2055 jIThank you, Madam President. I now move to adopt House Joint 2057 I

Resolution 63. And it's difficult, reallyr to stand here and add 2058 I1

really much more than what's been said. We've had seven young 2059 j

people that lost their lives so early. We want to pay trlbute to 2060 I

ia11 those that have helped ln this trying time and extend our 2061i

sympathies ta the families. Hope this will never happen again. i1Pay tribute tc them and put a marker that the young people ln the 2062 i

schools have so indicated is important. And I ask for your 2063 1i

adoption. Thank you. ii

PRESIDING OFFICER: (SENATOR DONAHUE) 2065 I

Senator Rlemm moves the adoption of House Joint Resolution 63. 2067 1II

45




All those that are in favor of this resoluticn, please rise. 2069

Resolution adopted. Messages from the House. 2070


A Message from the Hcuse by Mr. McLennand, Clerk. 2074

President I am directed tc inform the Senate that 2076

the House of Representahives has adopted the following joint 2077

resolution, in the adoption of which I am instructed to ask the 2078

concurrence of the Senate, to

House Joint Resolution 26. 2080

Adopted by the House, November 2nd, 1995. It is substantive. 2082

Message from the House by Mr. McLennandz Clerk. 2084

Mr. President I am directed to inform the Senate that 2086

the House of Representatives has passed a btll of the following 2087

title, the Governor's specific recommendations for change 2088

natwtthstanding, in the passage of which I am instructed to ask 2089

the concurrence of the Senate, to wit:

House Bill 1149. 2091

Passed the House, November 3rd, 1995, by a three-fifths vote. 2093

Message fron the House by Mr. MeLennand, Clerk. 2095

Mr. President T am directed to inform the Senate that 2097

the House of Representatives has passed a bill of the following 2098

title, the veto of the Governor notwithstanding, in the passage of 2099

which I am instructed to ask the concurrence the Senate, 2100

House Bill 1810.

Passed the House, November 3rdr 1995, by a three-fifths vote.

PRESIDING OFFICER: (SENATOR DONAHUE)

Introduction of Bills.

SECRETARY HARRY:

Senate Bill 1238, offered by Senator Madigan.

(Secretary reads title of bill)

lst Readin: of the bills.

2102

2104

2106

2108

2110

2112

2114

46





Secretary, have there been aay notions filed? 2120


Yes, Madan President. Senator Hawkinson has filed a motion 2124

with respect to House Bill 1149 and Senator Peterson has filed a 2126

motion wlth respect to House Bill 1810. 2127


Secretary, the Chair requests that these motions be

printed on the Calendar. So ordered. Senate wil1 stand at ease 2132

pending further perfunctory business. Senate is at ease. 2133

(SENATE STANDS AT EASE) 2136

(SENATE RECONVENES) 2138

SECRETARY HARRY:

.. .wil1 convene in

Messages:

A Message for the Governor by Deno Perdtou, Director of 2145

Legislative Affalrs. 2146

Mr. President - The Governor directs me to lay before the 2148

Senate the following Message: 2149

To the Honorable Members of the Senate, 89th General 2151

Assembly I have nominated and appointed the following named 2152

persons to the offtces enumerated below and respectfully ask 2153

concurrence in and confirmation of these appctntments of your 2154

honorable Body.

Message for Governor by Deno Perdiou, Director 2156

Legislative Affairs. 2157

Mr. President - The Governor directs me to 1ay before the 2159

2141

Session. On the Order of 2143perfunctory

47

iI




j Senate the following Message: 2160II To the Honorable Members of the Senate, 89th General 2162

Assembly

persons to the offices epumerated below and respectfully ask

have nominated and appointed the following named 2163

2164

2165Clncurrence and confirmation of these appointments of your

hcnorable Body.

:0th Messages filed November 3rdr 1995. 2167

2169There belnç no further business to come before the Senate,

pursuant to the adjournmenk resclution,

adjourned until Tuesday, November 14th at the hour of noon.

the Senate will stand 2170

2171

48

REPORT: TIFLDAY STATE OF ILLINOISPAGE: 001 89TH GENERZL ASSEHBLY

3ENATEDAILY TRZNSCRIPTION OF DEBATE INDEX

VOVEHBER 031 1995

96/0j/1116:18:36

HB-0115 SECOMD READINGHB-0660 7ET0 ZCTIOM88-2679 7ET0 ACXIONHB-0820 RECALLEDHB-0854 SECOMD READINGHB-1002 7ETO âCTIONHB-1070 7ETO ACTIONHB-1070 OUT OF REC0R9HB-1106 7ET0 âCTIONHB-110( OTHERHB-11)9 H0TI0V FILEDHB-1202 VETO ACTIOMHB-1202 OUT OF RECORDHB-1221 7ET0 ACTIONHB-1)61 RECALLEDHB-1R98 7ET0 ACTIONH8-1653 REFUSE T0 RECEDEHB-1693 7ETO ACTIONH8-1696 VETO âCTIONHB-1810 HOTION FILEDHB-2070 7ET0 ACTIOMHB-21R1 VETO ACTIONSB-O0k6 7ET0 àCTIO:58-1236 FIRST READING58-1237 FIRST RE29ING58-1238 FIRST READIMGSR-0118 RESOLUTION OFFEREDHJR-0026 RESOLUTIOM OFFEREDHJR-00)3 HESOLUTIOM OFFEREDHJR-0063 ADOPTEDHJR-0063 RESOLUTIOM OFFEREDSJR-005S ADOPTEDSJR-0068 âDOPTEDSJR-0068 RCSOLUTIOM OFFERED

SUBJECT HATTER

SENZTE T0 ORDER-SENATOR DUDYCZPRAYER-PASTOR ROGER RUHHAPPLEDGE OF âLLEGIANCEJOORNZLS-POSTPONEDCOHMITTEE REPORTSHESSAGES FROH THE HOUSESENZTE STANDS AT EZSESENATE RECONVEMESCOHMITTEE REPORTSRESOLUTIONS CONSENT CZLEMDâR-ZDOPTEDHESSAGE FROH THE HOUSEMESSàGES FRQH THE HQUSESEMATE STANDS AT EASESEVATE RECONVENESMESSAGES F0R THE GO7ERN0RADJOURNHEVT

PAGEPâGPPAGEPZGEPâGPPAGEP2GEPJGEPAGEP2GEPZGEPAGEPAGPPAGEPZGEPAGE

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