Illinois Senate Floor Debate — April 21, 1993

The Senate will come to order. And will our Members please rise, and our friends ln the galleries please rtse, for the prayer today. Very honored to have for the first time that I can remember a minister from my district. Reverend Mueller is from the Trinity Lutheran Church, beautiful town of Roselle, Illlnois.

(Prayer given by Reverend Mueller)

Reading of the Journal. Senator Butler.

Mr. President, move that reading and approval of the Journals of Thursday, April 15th7 Eriday, April 16th) Monday, April 19th; and Tuesdayg April 20thy in the year 1993, be postponed, pending arrival of the printed Journal.

Senator Butler moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There being no objections, so ordered. The Illinois Information Service have request permission to videotape our Session today. Is leave granted? Leave is granted. Messages, Mr. Secretary.

Message from the House by Mr. Rossi, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of Which am instructed to ask the concurrence of the Senate, to wit: House Bills 77y 242, 267, 282, 347, 349, 360, 419, 636, 638. Passed the House, April 20th, 1993. We have like Messages on House Bills 610, 957, 1097, 1364, 1728, 2230, 652, 770, 907, 949, 1071, 1102, 1147, 1204, 1205,  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 1478, 1646: 1679, 1687, 1716, 1718, 1774, 1778, 1781, 1825, 1951, 1963, 1985, 2013, 2060, 2076: 2123, 2134, 2155, 2186, 2216 and 2260. A1l passed the House, April 20, 1993. From Anthony D. Rossi, Clerk of the House.

Yeah. Just at this point, like to make an announcement to kind of give you an idea of what we're going to be doinq today. Going to be doin: 2nd and 3rd Readings. We did very well yesterday; we moved over fifty bills. We still have a hundred and third <sic> bills on 3rd Reading and about fifty-some bills on 2nd Reading. We will probably work late again tonight. You know, it is my -- my attitude to try to get out of here as early on Friday as we can. So may be necessary again to work late tonight and late tomorrow night. Alsor mlght remind the Membership that there are some House bills that have come over here, and they 're looking for Senate sponsorships. And remember, we have a six-day posting requirement. I would suggest to those Members who pick up these House bills to notify the Chairman of the respective committee to have the bill posted. -- I don't anticipate suspending the rules on posting. So if you're a Senate sponsor of a House bill, you 'd better ask the chairman of that committee to post it, and would suggest, in some cases, it better be done today. Thank you. House Bills lst Reading.

House Bill 32 is offered by Senator Trotter. (Secretary reads title of bill) Senators Hawkinson and Lapallle offer House Bill (Secretary reads title of bill) Senator Dudycz offers House Bill 176. (Secretary reads title of bill) Senator Butler presents House Bill 382. 2  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 (Secretary reads title of bill) House Bl1l 474 is by Senator Woodyard. (Secretary reads title of bill) Senator Hawkinson offers House Bill 667. (Secretary reads title of bill) House Bill 675, by Senator Pawell. (Secretary reads title of bill) Senator Barkhausen presents House Bill 936. (Secretary reads title of bill) House Bill 1077, presented by Senator Geo-Raris. (Secretary reads title of bill) Senaeor Cullerton offers House Bill 1158. (Secretary reads title of bill) Senator Peterson offers House Bill 1164. (Secretary reads title of bill) House Bill 1235 is offered by Senator Hawkinson. (Secretary reads title of bill) Senator Hasara offers House Bill 1261. (Secretary reads title of bill) House Bill 1281, by Senator del Valle. (Secretary reads title of bill) House Bill 1332 is offered by Senators Berman and Topinka. (Secretary reads title of bill) House Bill 1362, by Senators Klemm and Mahar. (Secretary reads title of bill) Senator Donahue offers House Bill 1426. (Secretary reads title of bi11) Senator Hawkinson offers House Bill 1452. (Secretary reads title of bill) House Bill 1456, Senator Madigan. (Secretary reads title of bill) House Bill 1496, by Senator Fawell.  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 (Secretary reads title of b111) Senator Farley presents House Bill 1671. (Secretary reads title of bill) House Bl11 1903, by Senator Farley. (Secretary reads title of bill) House Bill 1983, by Senator Cronin. (Secretary reads title of bill) House Bill 2152, by Senator Farley . (Secretary reads title of bill) Senator Cullerton offers House Bill 2160. (Secretary reads title of bill) House Bill 2195, Senator Jacobs. (Secretary reads title of bill) And Senator Garcia offers House Bill 2223. (Secretary reads title of bill) lst Reading of the bills.

PRESIDING OFFICER: (SENATOR WEAVER) We'11 start on Senate Bills 2nd Reading on page 2: the top of the Calendar. Senator Raica, do you wish to call Senate Bill 128? Read the billg Mr. Secretary.

Senate Bi11 128. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Electlons adopted Amendments 1 and 2.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

Floor Amendment No. 4, offered by Senator Raica.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Ratcar on Senate Floor Amendment No. 4. 4  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1993

Thank you, Mr. President and Ladies and Gentlemen of the Senate. What Senate Amendment No. 4 does, it's a -- it passed out on the attendance roll call, and it Was an amendment to clarify current language. And just ask your consideration.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr Senator Raica moves the adoption of Senate -- Floor Amendment No. 4 to Senate B1ll 128. A11 in favor, signify by saylng Aye. Opposed, Nay. The amendment's adopted. Are there further amendments?

No further amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . 130, Senator Raica? Read the bill, Mr. Secretary.

Senate Bill 130. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted Amendments 1, 2, and 4.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

Amendment No. 5, offered by Senator Lapaille.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille, to explain Amendment No. 5 to Senate Bill 130. Senator Raica, do you wish recognition? Senator Raica .

Thank you, Mr. President. Senator Lapaille offered a -- a correctional -- or offered an amendment that corrected a -- a drafting error Which was done originally. It was voted out on an 5  STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 attendance roll call, and I just move that -- for your -- just move for your consideration.

PRESIDING OEFICER: (SENATOR WEAVER) Senator Lapallle moves the adoption of Amendment No. 5 to Senate Bill 130. Al1 in favor, signify by saying Aye. Opposed, Nay. Amendment No. 5 is adopted. Are there further amendments?

No further amendmentsr Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readlng. 206. Senator Cullerton. Read the bill, Mr. Secretary.

Senate Bill 206. (Secretary reads title of bill)

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any...

2nd Reading of the bill. No further amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 227. Senator Maitland. Read the bill, Mr. Secretary.

Senate Bill 227. (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Environment and Energy offered one amendment -- or adopted one amendment.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

Amendment No. 4 is offered by Senator Maitland. 6  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993

PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland, to explain *he amendment.

Thank you very muchr Mr. Presldent, Members of the Senate. This amendment has been negotiated by -- by a number of people, and in essence, it prohibits location of facilities above a mine shaft or tunnel unless a showing is made to the IEPA that engineering measures have been incorporated into the facility's design as to ensure the integrity of the structural components of the..a microphone cutoffl...

PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland.

Further in counties of less thano..tmicrophone cutoffl...

PRESIDING OFFICER: (SENATOR WEAVER) Will you step to Senator Donahue's miker Senator?

Further, Mr. President, in counties of less than a hundred and fifty thousand, it prohibits location of a facility within one and half miles of the corporate limits of any municipality without the approval of the municipality 's governing body, and would move for the adoption.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator Maitland moves the adoption of Amendment No. 4 to Senate Bill 227. All in favor, signify by saying Aye. Opposed, Nay. The amendment's adopted. Are there further amendments?

No further amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Petka , on 246. Senator Petka? Can you break up the conference in front of Senator Petka? Out of the  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 record. senator Barkhausen, on 4472 Read the bill, Mr. Secretary.

Senate Bill 447. (Secretary reads title of bill) 2nd Reading of the blll. The Committee on Judiciary adopted Amendment No.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Berman, on 4737 Read the billr Mr. SecreEary.

Senate Bill 473. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No . 1.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) Reading. 498. Senator Butler? Out of the record. 499: Senator Butler? Out of the record. Senator Donahue: on 524? Out of the record. Senator Cronin, on 6157 Senator DeAngelis, on 590. There's -- Senator DeAngelis. SENATOR DeANGELIS: Mr. President, I would like to move 590 from 2nd to 3rd Reading. 8  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993

PRESIDING OFFICER: (SENATOR WEAVER) There has been a fiscal note requested, Senator. Have you received the fiscal note, Mr. Secretary? Senator DeAngelis. SENATOR DeANGELIS: Well, I am concerned that that fiscal note will not arrive in time, but more importantly, I -- really believe the fiscal note is unnecessary . And under our rules, I would like to move...

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis, you Would llke the motion to act on Senate Bill 590, it requires the majority of those voting. The question is, shall Senator Cullerton, for What purpose do you arise?

What is the motionr please?

PRESIDING OFFICER: (SENATOR WEAVER) The motion is to read Senate Bill 590 a second time, regardless of the fiscal note being filed. Senator Cullerton.

In your opinion, is that a debatable motion?

PRESIDING OFFICER: (SENATOR WEAVER) Whether can be moved to 3rd, excuse me. misstated that.

Is that a debatable motion?

PRESIDING OFFICER: (SENATOR WEAVER) Yes.

Okay. Can I ask a question?

PRESIDING OFFICER: (SENATOR WEAVER) Certainly. Senator Cullerton.

agree with Senator DeAngelis that if -- the fiscal note should not be requested in a dilatory fashion in order to simply 9  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21r 1993 delay a bill. I -- I fully agree With him . But I Would be curious to know When the fiscal note was filed, who has to respond to looks to me from the -- from the bill that Would probably be the Department of Revenue, and I'm sure that they -- if they are cooperative, we can find out by today whether or not they'll be able to to give a fiscal note.

PRESIDING OFFICER: (SENATOR WEAVER) The fiscal note was filed yesterday by Senator Welch.

And do we know that the Department of Revenue has not received it, or have they indicated it will take too long for them to respond to it? Maybe Senator...

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis, have you had any conmunications from Revenue as to When wll1 be filed? Senator DeAngelis, have you heard anything from Revenue on the fiscal note or how long might be? SENATOR DeANGELIS: No. But, Mr. President, first of all, would like if the person who filed the note -- give them the chance to withdraw . First of allr a note was filed on it - the original bill which was in a more harsh form then what the amendment put and that was answered. Then when I amended it yesterday, there Was another request, and I really believe that -- and I'm willing to debate this on 3rd Reading that the bill, by its amendment, is a prospective bill; therefore, it doesn't require the fiscal note.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis has made a motion. Senator Welch, do you wish to be recognized? Senator Welch.

Thank your Mr. President. Yes, filed the fiscal noter but it was filed yesterday. Well, the motion was just put on the bill 10  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 2lr 1993 yesterday at the Revenue Commlttee meeting. That's why the fiscal note request was filed yesterday. The fiscal note is filed in in accordance with the State Statutes, 25 ILCS 50/7: 'Whenever any commlttee of either house reports any bill with an amendment of such nature as will substantially affect the costs to or the revenues of the Stater units of local government, school districts, or community college districts...there shall be included with the report of the committee a statement of the effect of the change proposed by the amendment reported if desired by majority of the committee.' In like manner, when any measure is amended on the Flocr which substantially affects the costs a statement of the fiscal effect should be filed as well. This is standard procedure; don't know why wedre taking this out of -- out of the ordinary realm of legislation. There's -- this bill is - - is a major plece of leglslation and so is the amendment, and do think that we need to know what effect this has. This is a major change to income to State -- to local governments. In addition, my understanding is there will a another meetlng of the Revenue Committee, and Senator Berman has an amendment Which he was promised Would be heard in that committee. So I don't know what the reason is for the movement this morning. We're going to have another meeting of the committee. There's another amendment yet to be proposed, and the Chairman has promised that that amendment would be heard . So, this is -- think this motion is out of orderr and I would move a No vote.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS; Well, first of all, Senator Welch, With due respect, the motion is not out of order under any circumstances. you will refer to Section 50-3 of 25 ILCS -- 50-2 <sic> (25ILCS 50/3)-- the sponsor can, whenever he or she thinks a fiscal note is not 11  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 necessary, announce that; then it's up to the person who filed the fiscal note -- and I don 't want to get into that kind of war right now; really donlt. But I really do believe that that motion is not out of order. Secondly, We have had bllls on 3rd Reading and come back with amendments and moved them back. So moving this to 3rd does not remove the opportunity for Senator Berman to call his amendment. But really do believe the fiscal note unnecessary, and that's the reason why I would ask you to withdraw it.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.

Well, think we 're making a mountain out of a mole hill here, because a1l we're asking is the cost to government. You know, in this committee, I've asked time, after time, after time for fiscal notes and we haven't gotten any response. When we do get a response, your side says ''Oh: the Departnent of Revenue is nuts.'' You know, I think that for once We should have a fiscal note that may mean something, and and I think that we can't run the government without having these notes. That's the whole purpose of the Act. Now, if we're just golng to bypass it al1 the time -- wedve stlll got two days to pass this bill; don't see the big rush. I don't see Why we can't just leave where is, have the hearing, and go from there.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis, do you persist in your motion?

Yes, and frankly, we also have two days to debate the bill and We have two days to find out youdre right or I'm riçhty so let's move to 3rd.

PRESIDING OFFICER: (SENATOR WEAVER) The bill has been read a second time, Mr. Secretary. For what 12  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 purpose does Senator Berman arise?

Is my understanding, Mr. President, that we are now going to al1Ow a splnsor -- are we...

PRESIDING OFFICER: (SENATOR WEAVER) Mr. Secretary, has a fiscal note been flled?

A fiscal note has been filed and an answer has been filed, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) Read Senate Bill 590 a second time.

Senate Bill 590. (Secretary reads title of bill) An amendment was adopted yesterday.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: will withdraw my motion; however, Senator Welch, I will be happy to present you with a copy of the fiscal note that states, ''This legislation will not'' will not ''directly impact State revenues.'' urge that we move Senate Bill 590 to 3rd Reading.

PRESIDING OFFICER: (SENATOR WEAVER) Any further amendments?

No further amendnents, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator O 'Danlel, for what purpose do you arlse?

Thank you, Mr. President and Members of the Senate. Somewhere here with me I have Chief Judge Wexstten from the Second Judicial Circuit from Mt. Vernon. I'd like for the Body to recognize him. 13  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

PRESIDING OFFICER: (SENATOR WEAVER) Welcome to Springfield, Judge. Senator Cronin, on 615? Out of the reccrd. Senator Karplel, on 625? Read the bill, Secretary.

Senate Bill 625. (Secretary reads title of bill) 2nd Reading of the bill. No committee anendments.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any amendments -- Floor amendments approved for consideration, Mr. Secretary?

Amendment No . offered by Senator Karpiel.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpielr to explain the amendment. Let's take 625 out of the record, Mr. Secretary. Senator Fawell, on 672. Read the bill, Mr. Secretary.

Senate Bi11 672. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendment No.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Petka? Senator Jones on the Floor? On the Order of 3rd Reading, Senate Bill 17. Senator Cullerton. Read the bill, Mr. Secretary .

14  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 21, 1993 Senate Dill l7. (Secretary reads title of bl1l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.

Yes. Thank you, Mr. President, Members of the Senate. This bill deals With a consumer protection provision dealing with the Rule of 78s, and this is a bill which we talked about in committeer and we discovered that there was a federal Statute that also applied. And so, what I'd like to do is pass the bill over to the House. We're still researching the -- the federal Statute, but we a11 recognize that there is a need to amend our Illlnols Statute to conform with the federal Statute. The Rule of 78s is a method by which prepayment interest is calculated. Works to the disadvantage of -- of consumers in most cases if there 's a prepayment, in fact in a11 cases if therels a prepayment. It's really not something which is appropriate any more: since we can easily now, with computers, obviously, determine exactly how much a prepayment penalty should ber using an actuarial method. So this ls something which is recognized as having to be chançed. As indicatedr there is a federal Statute ehae is on the books uhich we have to - and ought to - conform to so that our lenders here are are in conformity with federal law. From what understand, very few banks, if any, utilize this method. There mlght be some finance companies that do . I'd be happy to answer any questions, and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Any discussion? Senator Barkhausen.

Mr. President, will the sponsor yield?

PRESIDING OFFICER: (SENATOR WEAVER) 15  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 21, 1993 He indicates he'll yield .

Senator, I was under the impression that you were at least going to amend the proposal here to make lt elear that the bill is supposed to have a prospective application only.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.

Yes: Senator: I did file such an amendment, and I would be happy to take the bill out of the record until that amendment catches up to it. But since I recognize that we do have to amend it in the House with -- to conform to federal law anywayr thought that perhaps that might not be necessary, but 1'11 -- cerEainly as Chairman of the committee, do Whichever you prefer, because I understand that you -- you: and I agree With you, that it should be prospective. The amendment is flled, and so if if you'd like, 1411 take it out of the record .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Barkhausen. What is your desire, Senator? Senator Cullerton.

Yes. I will -- would ask to take it out of the record so that the amendment that has been filed can catch up to it. I hope it's a technical amendment, Mr. Chairman.

PRESIDING OFFICER: (SENATOR WEAVER) Out of the record. Senator Welch, on 34. Read the bill you wish this bl11 returned to 2nd Reading for the purpose of an amendment? Senator Welch seeks leave of the Body to return Senate Bill 34 to the Order of 2nd Reading for the purpcse of an amendment. Is there leave? Leave is granted. On the Order of 2nd Readingr Senate Bill 34, Mr. <sic> Secretary. Are there any Floor amendments approved for consideration? 16  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1993

Amendment No. 2, offered by Senators Welch and Sieben.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch r to explain Amendment No. -- 2, excuse me. Senator Welch. You move adcption of the amendment?

Thank you. Yeah. Do you want to hear more? The amendment creates the Local Government Energy Conservation Act as an amendment to Senate Bill establishing procedures to be followed by countiesr townships and cities enterlng into guaranteed energy-savings coneracts. Last year we passed a bill that provided for energy-savings contracts to be entered into by elementary and secondary schools, which we projected would save between eighteen and forty-eight million dollars. What we have done here is amend a bill that allows for energy-savings contracts to be entered into by a community college. Thls amendment here lncludes local governments. We belleve that energy-efficient contracts will save millions and millions of dollars for our taxpayers through their local government entering into these contracts. I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? A1l those in favor, say Aye. Opposed, Nay. The amendment is adopted. Any further Floor amendments approved for considerationy Madam Secretary?

No further amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Mahar, on 41. Read the b111, Madam Secretary.

Senate Bill 41. (Secretary reads title of bill) 17  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 21, 1993 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar.

Thank you, Mr. President and Members. This is very similar to a bill that passed last yearr both Bodies, and was vetoed by the Governorr and that veto was sustained ln the Senate. The difference between last year's approach and this year's isr the Illinois EPA has not only approved of the language, but virtually wrote the bill. What the bill does il establish a standard of due diligence on all appropriate inquiry for innocent defendants to satisfy the innocent landowner defense under present Illinois Superfund laws. It also establishes a safe harbor from clean-up costs for innocent individual single-family property owners. Some of the things that are dlfferent this -- in this year's legislation: It expands the scope of Phase I Environmental Audit and adds greater definition to the Phase 11 Environmental Audit requirements ln the bill; further clarifies that the -- exemption for residential property owners specifically excludes corporations; specifies that a defendant establishes a rebuttable presumptlon against a1l EPA claims; strengthen qualification of environmental professionals; clearly defines the Phase 11 Environmental Audit requirements for testlng groundwater, soil or other media; and establishes a penalty of injury <sicl. I'd be happy to try and answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 41 -- excuse me. Senator Mahar.

I'm sorry, but there 's one other thing I -- I wanted to add. In the last couple of days, a representative of the insurance industry has advised me of a concern they have. They provided 18  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 language which ls not -- which J support, which the Illinois Bankersd Association supports, but due to the timey We would like to add that in to the Housey but wanted to be fair and advise the the Members that there Will be a change in that regard.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch, did you have a question?

Yes, I had a question.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.

Senator Mahar, the objections of the environmental community last year were very strong, and you started to explain. How did you alleviate thelr objeetions to the bill?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar.

Well, we -- we tightened up the language for the Phase I Environmental Audits and added greater definition for the Phase 11 Environmental Audit requlrements in the bill. think that Was the principle. At this point, a11 of the environmental groups have removed their objection.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, the question is, shall Senate Bill 41 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who wish? Have a11 voted Who wish? Take the record, Madan Secretary. On that question, the Ayes are 54, the Nays are nonep none voting Present. Senate Bl11 41, having received the constitutional majority, ls declared passed. Senator Raica: do you wish to return Senate Bill 45 to 2nd Reading? Senator Raica seeks leave of the Body to return Senate Bill 45 to the Order of 2nd Readin: for the purpose 19  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 of an amendment. Is there leave? Leave is granted. On the Order of 2nd Reading is Senate Bill 45. Mr. -- Madam Secretary, are there any Floor amendments approved for consideratlon?

Floor Amendment No. 3, offered by Senator Lapaille.

PRESIDING OFEICER: (SENATOR WEAVER) Senator Lapaille, on... SENATOR LaPAILLE : Thank you -- thank you, Mr. Presldent. Senate Amendment No. 3 to Senate Bl11 45 was -- unanimously approved by the Senate Local Government and Elections Committee yesterday. It would basically prohibit commissioners or family members of a commissioner of the neighborhood security patrol program to receive any financial benefit either directly or indirectly. would nove for lts adoption and I'm available for questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question shall Amendment No. 3 to House Bill 45 be adopted. A1l in favor, slgnlfy by saying Aye. Opposed, Nay. Amendment No. 3 is adopted. Further amendments, Madam Secretary?

Floor Amendment No. 4, offered by Senator Lapaille.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille: on Amendment No. 4. SENATOR LaPAILLE: Senate Amendment No. 4 was also adopted unanimcusly by the Senate Local Government and Electlons Committee. It would provide -- it would take away any immunity from damages from the ccmmissionersr officers, or employees of the program. Because this is security-orientated <sic> , we wanted to make sure that there would be redress if a security officer were to cause any -- damage or harm to any individual or property, and I would move for 20  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 its adoption.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, al1 in favor, signify by saylng Aye. Opposed, Nay . Amendment No . 4 is adopted. Are there further amendments?

No further amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator O'Malley, 51? Read the bill, Madam Secretary.

Senate Bill 51. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.

Thank you, Mr. President and Members of the Senate. Senate Bill 51 makes a Class C misdemeanor to knowingly enroll or attempt to enroll nonresident students on a tuition-free basis, and would allow school boards to Waive a11 or any portion of tuition charges for nonresident students. Be pleased to answer any questions the Body has.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate... Excuse mer Senator Hendon.

Thank you, Mr. Chairman. Just one quick question of my friend . -- I want to be clear on this. This not a voucher, is it?

PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley .  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 2l, 1993

No, thls is not a voucher bill.

PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? Senator Cullerton.

Yes. A quick question of the sponsor, if he 'll yield.

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Would yield.

Who is lt that the criminal penalty applies to the student or the parents?

PRESIDING OFFICER: (SENATOR WEAVER) Senator O'Malley.

As understand it, Senator Cullerton, this would occur in most school dtstricts by a misrepresentation by parents. They usually sign some sort of affidavits that verify that the children they're enrolling happen to be residents of the district and that they: in fact, are residents of the district.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, the question is, shall Senate Bill 51 pass. Those in favor will vote Aye. Those opposed -- excuse me. Senator Garcia, just turn your light on when you want recognition. I saw no lights lit up.

am sorry. pushed it. thought you had received it. Thank you, President. Will the speaker -- will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he will.

Thank you. Senator O'Malley, what prompted the introduction 22  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 of this bill?

PRESIDING OFFICER: (SENATOR WEAVER) Senator O'Malley .

The largest high school district in my -- in the .senate district that I representr Senator Garciar has had a problem With this -- this issue, and brought the blll to me and encouraged me to bring it before you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia.

What do you mean they've had a problem? Have they had students from outside the area enrolling or attempting to enroll in the school? And can you tell us, that's the case, Where students have come from?

PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.

Well, don't know that I can give you specific addresses as to where they come from, but it has been a problem there, where they have found students enrolled in -- in the district. The particular board that brought this to my attention is very concerned about thls, because as you probably know, in suburban school districts, over ninety-three percent of the funding comes from local property taxpayers, and of course, most members, if not all members, of those high school district boards are local property taxpayers, and this is a real concern they have. They want to make sure that if somebody is enrolling in the school, that they are, fact, a resident, because that's Where the bulk of the funding for the school is coming from.

PRESIDING OFFICER: (SENATOR WEAVER) Senator -- del Valle. 23  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day Aprtl 21, 1993 SENATOR dEL VALLE: Thank you, Mr. President. Senator O 'Malley, youdll recall that there was quite a bit of discussion on this bill in committee, and certainly recognize the problems that you're trying to get at With this bill, but I voted against this bill in committee because I think that it is an unfair bill. Currently school districts can and have the right and I do Want to pose a question, Mr. Presidentr if I may. Currently school districts do have the right to ask a student to leave if they determine that that student is not a legal resident of that school district. Is that correct?

PRESIDING OFFICER: (SENATOR WEAVER) Senator O'Malley.

Senator, -- I would imagine that if -- if they -- if they can find out that somebody is a nonresident thaty yes, they can tell them: ''You cannot be enrolled in the school anymore.'' What this bill what this bill gets to is those people who knowingly falsify documents verifying residency.

PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: Well, because they have the right to do that, I really don't understand why we 're going to now, with this bill, make eriminals out of parents, out of familles who are attemptingy through -- because of circumstances: obtain an education for their children. We're going to be# think, later on today talking about vouchers; we're going to be talkins about choice: and here We have a bill to make sure that individuals who want to make a cholce to send their kids to live with an aunt or an uncle or to live with a relative, who are legal residents of school districts, we want to make sure that these kids are not allowed into these school districts. I 24  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 think this is certainly the wrong approach. We don't want to make criminals out of indlviduals, out of famllles, out of parents who are attempting to get an education for their children, particularly if the school districts have the space for those children. And -- think that we should move.away from this bill. I think we ought to look at the problem differently. know that the Blue Island District Superlntendent came in and testified in favor of this billr and I certainly understand what's going on in Blue Island. understand what is going on in a lot of the western suburbs, but this is not the Way to approach this problem. I urge that We defeat this bill and that we go back to the drawlng board and see hoW We can deal with the problem that you 're trying to get at. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

Thank you, Mr. President. I Want to join with my other tWo colleagues in saying that this bill is grossly unfair, and I'm really surprised that it would have gotten this far. When I look at this to sugçest that these hcmeowners don't want outsiders, that's not the message that the State of Illinois and people in this Legislative Body should be sending. Let's not forget that some portion of the money that supports the education don't care where these people live - comes from the State...

PRESIDING OFFICER: (SENATOR WEAVER) Excuse me -- excuse me, Senator Palmer. Can we have a little order? Take your conferences off of the Floor. May I may I have your attentlon? Take your conferences off the Floor, Senator Raica. Continue, Senator Palmer.

Thank you very much, Mr. President. And then to put a bounty cf sorts on the heads of parents who are merely seeking a better 25  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 21, 1993 education is grossly unfair, and I want to underscore what Senator de1 Valle said. There ls a curious irony here that all of this discussion now for the last five to ten years about choice and about how magnificent that isr and that we should not stand in the way of parents making choices, and ehen here from your side of the aisle, which particularly has been promoting the voucher and choice process, that you would put forward such a bill that puts up a ''Berlin Wall'' between Chicago and outlying areas in the name of some kind of sanctity is just unbelievable to me. And know you to be a fine person, so I'm not sure why you're carrying thls bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

-- I can't believe that we 're discussing this here. The problem is parents coming into a district and blatantly lying. What kind of signal are We teaching our children we dre saying it's okay for parents to come in and 1ie about where they live? A1l we're saying under this bill is that currently if you get caught for lying, we -- you can be removed from the school and sent back to your own district. This just puts a little more teeth so parents are told : ''You 'd better be careful. If you're going to come into our district and start lying about where you live, ycu're goin: to pay a price.'' My gosh, what are we teachlng our klds, if We're saytn: it's okay to lie? It's incredible.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Peterson.

Thank you, Mr. President, Members of the Senate. This is not a Chicago-suburban problem ; this is a suburban-suburban problem . Tn my elementary distriet, we had to sue parents to get money 26  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 because they were bringing children in from out of the district. When you're paying ninety-seven percent of the bill out of your property taxes and you have pecple coming into the district, you have a right to make sure they're taxpayers in the district. think it's obscene to have people subsidizing other people in the suburban area. Yes, there are some tax monies that come from the State, but this is becoming more and more a factor in the suburban areas. It happened NeW Trier; happened in Buffalo Grove; it's happened in Seevenson; it's happening all over, ehere people are trying to get their kids in for various reasons. So don't look at it as a Chicago-suburban problem, because lt's not. There are other suburban areas that have the same problem . It's a good bill. Support Senator O 'Malley's bill. Thank you .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.

Question of the sponsor?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'll yield.

Senator, we -- we -- we thought we had worked on an amendment in committee on this bill. What is the fine now?

PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Ma11ey.

o.w lmicrophone cutoffl...Glad you asked that question. Senator Berman brouçht it to the attention of everybody that it was probably -- there was probably a problem technically in the law, ln that what has been the practice apparently among some high school superintendents is to waive tuition either wholly or partially, and that there actually is a provision in the law today that says you may not do that. What Senator Berman's amendment 27  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 addressed was to admit that to be the case. Current law , again, requires every district to charge tuition to nonresidents. This bill, as amended, Will permit school boards to waive a1l or any portion of the tuition chargesr and that's due to the amendment you're referring to.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.

Yes. I understand that, and -- and that was the part of the bill that I thought made it acceptable to me because I have a lot of students, for Whatever reasony needing to transfer to go to school, for example, in Oak Park. And they do have to pay tuition. So, this bill wculd waive those fees and allow those parents to send -- under certaln conditions, to send those kids to Oak Park or to Proviso, or to some of those other suburban areas - - and River Forest. Bu* you still didn't answer the question of what is the penalty for a false -- a falsifying an application for enrollment, of a parent.

PRESIDING OFFICER: (SENATOR WEAVER) Senator O'Ma11ey.

As the 1aw is today, my understanding would be that the student would no longer be enrolled, and the parents can be sued for tuition. And in fact, in this district, that's what happened . The district that -- the underlying district here actually sued the parents of out-of-district residents. That's not...

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.

Youlre not answering my question. In this particular bill, what is the penalty in this bill?

PRESIDING OFFICER: (SENATOR WEAVER) 28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Senator O'Malley.

You 'd be guilty of a Class C misdemeanor under the bill if it becomes law .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Bernan.

Thank you, Mr. President. The penalty -- the penalty under the bill is a Class C misdemeanor, which would be -- carry a maximum penalty of 30 days in jail or five-hundred-dollar fine. Let me suggest - and I understand the -- the concerns of some several of my colleagues regarding the bill - but let me point out that falsifying -- falsifyin: a home address today, without this bill, is a crime. So I would suggest that the major part of the bill really doesn't change much. The amendmentw whieh Senator O 'Malley was very courteous in working with me in adopting, does make a major change, and I would just suggestr I'm going to vote for the bill, and I think that it improves exiseing law in this way: It allows a board of education, legally, to consider hardship cases and to waive tuition and allow children in where in their home districts, their living conditions, their school conditions, whatever reasons, are just unbearable. And those straight-up, honest approaches to why a child ought to live with their grandparentsr for example, in a different district than where their parents liver that's the way I Would suggest that we address this. don't want to condone - and neither none of my colleagues want to condone - falsifying information which cheats the people the receiving dlstrict and -- and -- and gives the wrong message to the child. I don't think that the major part of the bill changes existing law. It's a crime to lie in submitting an application to a school district with the wron: address. This - - clarifies that -- but the major part, would suggest and urge 29  SMATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 a Yes vote, is because it allows an honest approach to children 's problems where they've got to go from their previous residential district to a different residential district and the board has the power, under this bill, to waive tuition. That's What we elect them for; that's what they ought to consider. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

Mr. President: Ladies and Gentlemen of the Senate: I really would appreclate an Aye vote because not only is falsification repulsiver I think, to most of us in this -- in thls Chamber, but, I mean, just on speaking on my district, which is especially hard hit on this, using Clcero Township, for example, we need two more schools there. We are already paying a high price terms of property taxes. We really can't bear up much more. Referenda are going down. We literally have to build two more schools because of not only the sheer volume of new families with young children coming in, but also an influx of people coning in from a11 over because the school district, by and large, is better than where they come from. This has impact on the Morton High School District, which -- which just doesn't know where to put people anymore. They have -- they have occupied every single bit of classroom space and now have gone to putting IDs on students just so they can identlfy who is a student, who is theirs, because people are coming in from al1 over. It's -- it's a bad concept. think this bill addresses that issue as long as the school board does -- does have the ability now to waiver in hardship cases, and it leaves it discretionary on the part of the board, I think this addresses a tremendous problem: and I sure Would appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Stern. 30  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993

Mr. President and Menbers of the Senate. As somebody Who raised a few children Who Were not my own, I can say that used to enter them in schooly and my recollection is that you signed a statement, which was a sworn statement, saying that What you said above was the truth. With foster children, to follow them from one school to another is a very important part of continuity for them . My recollection is that there is some kind of criminal penalty for perjury. I don't know if there's a Warning on that statement, but I would think that that would adequately cover the situation that this bill proposes to cover. Are We once again duplicating the problem and the penalty?

PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? Senator O'Malley may close.

Thank you very much, Members of the Senate, for your indulgence, and I understand there 's a lot of strong feelings among certaln Members about the imposition of this bill. I would only say to you that I believe that we need this legislation until such time as perhaps there is some sort of a choice Act. This is not opposed to choice, and -- and I would certainly request an affirmative vote from as many Members as possible, to send a strong message. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 51 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? On that -- take the record, Madam Secretary. On that question, the Ayes are the Nays are 8, 1 voting Present. Senate Bill 5l, having received the constitutional majorityr is declared passed. 66. Senator Topinka? Out of the record. 87. Senator Peterson. Out of the record. 89. Senator Raica. Read the billr Madam Secretary.  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

Senate Bill 89. (Secretary reads title of bill) 3rd Reading of the bl11.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica.

Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. Senate Bill 89 would increase -- it's regarding dental hygienists. What it would do is the bill would increase from two to four the number of hygienists a -- dentist could supervise on a daily basis. This change would allou both the dentist and the hygienist more flexibility working out the best care for a patient. Presently what happens is a -- a dentist in a dental office can only be assigned, technically, two hygienists under him. If if my father were a dentist and I were a dentist and my father was il1 fcr a day, the patients that he had that day would have to be cancelled, because Would not be able to supervise or -- or watch over my father's two dental hygienists. This change is endorsed by the American Dental Hygienists' Association who advocate removing restrictions on the number of dental hygienists allowed Within a practice setting. This also has the same safeguards that the -- when the dental hygienists are through with their workr the dentist would have to physically be present in the office while this dental hygienist does anything to a patient. And I think everybody can vote with -- on this bill with a big smile, and just ask for your support.

PRESIDING OEFICER: (SENATOR WEAVER) Is there discussion? If not, the question isy shall Senate Bill 89 pass. Those in favor will vote Aye. Those opposed Will -- vote Nay . The voting is open. Have a1l voted Who wish? Have a1l voted who Wish? Take the record. On that question, there are 32  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1993 52 Ayes, no Nays, ncne voting Present. Senate Bill 89# having received the constitutional majority, is declared passed. Senate Bill 100. Senator DeAngelis. Read the bill, Madam Secretary.

Senate Bl11 100. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 100 prohibits a home rule unit of government from imposing a tax -- a tax on volumetric measurements. In 1988 when we did the sales tax reform, What we said at that time and passed into law: is that a11 sales taxes would have to be based on gross receipts imposed in quarter-of-one-percent increments and based on the same tax base as the rest of the State. The bill Senate Bill 100 is designed to prohlbit units of government from using a tax that's based on gallonage except for the gasoline. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.

Yes. Thank you, Mr. President and Members of the Senate. This bill attempts to expand the current home rule sales tax limitation by preempting the power of a home rule unit to impose a soda pop tax. Section of the Statute on Statutes requires specific express language denying or limiting a home rule power to tax. This amendatory Act contains no such language, and thereforer neither denies nor limits a home rule unit's power to impose a soda pop tax. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) 33  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Senator Garcia.

Thank you, Mr. Presldent. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he will yield, Senator.

Senator DeAngelis, would this bill prohibit the City of Chicago r for example, from imposing any further taxes let's say on junk food or pop - if enacted?

PRESIDING OEFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Only if you were to sell junk food by the gallon.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia?

That means that you can impose a tax on pop.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: If you do it based on the sales price, not on the volume of measurement.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia?

Thank you, Mr. President. A second question. Can you tell us, Senator DeAngelis, What prompted the introduction of this blll?

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: I was going to use this for my closer but I guess 1'11 use it 34  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 now. Tbis tax is almost impossible to administer. Let me give you an example. You 're going to buy a glass of popr okay? You want to buy out of the soda fountain, you want to buy it out of the six-pack, you want to buy it out of a two-liter bottle, or you Want to buy an individual twelve-ounce? Tell me what the tax would be, since it's by the gallon. Thls tax would cost more to administer than What it's going to ratse. It's -- it's a total nightmare, and..amachine cutoffl...

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis, have you completed? Senator Dudycz.

Thank you, Mr. President. stand in support of this legislation. As a cosponsor, IId just like to add a feW -- a few comments regarding the opposition to this -- this -- this tax that was imposed last year. The -- the tax that Was imposed by the city council in many cases would triple or quadruple taxation of various refreshment beverages. Currently the Stater the County and the Regional Translt Authority already tax soft drink purchases at 7.75 percent rate. Chicago taxes soft drinks at a one-percent tax rate. And if you buy soft drinks in the Loop or at Chicago 's two airports, you pay another one-percent tax on the soft drinks. The city's one -- or ten-cents-a-gallon tax would triple the one percent that all Chicaqoans already pay on the soft drinks: increasing the taxes that they pay to nearly twelve percent. Also I'd like to just to add that many competitive beverages, such as coffee and tea, are not subject to this tax. It's not fair to the people who -- who least can afford these new taxes and many are -- many of who are children. I think that with - - this bill should be overwhelmingly, not unanimouslyr supported .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer. 35  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

Thank you, Mr. President. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WEAVER) He. indicates he Willr Senator.

Senator DeAngelis, this was a very complicated bill in Revenue, and you started to talk about the consequences of it, and wish you would pursue that further. When you Were speaking With Senator Garcia, you Were talklng about the -- that at present the tax on a bottle of pop, whether it's a can or whether it's a liter size, is five cents, six cents, whatever, but that the -- the consequences of this would be... Would you answer that, so the people understand the complexlty of this matter?

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Well, currentlyy when you buy it, you would be taxed on the price you pay for it. This bill calls for it Eo be done on a gallonage. And frankly, hoW do you determine the tax on sonething that's either sold across the soda fountain, or in a two-liter bottle, or in an individual can? HoW do you break that down into increments that are determinable from an administrative standpoint? It's a nightmare.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

Thank you, Mr. President. My concern about this bill - and am of mixed minds about - is that it opens up a door that I'm not sure I want to see us go through, when you start talking about gallonage. frankly have not decided yet about how to vote for thls bill, but I think that we ought to take a close look at it 36  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 before we make decisions.

PRESIDING OFFICER: (SENATOR WEAVER) WAND-TV requests permission to videotape today's Senate proceedings. Is there leave? Leave is granted. Further di.scussion? Senator Jones.

Yes. Thank -- thank you, Mr. President and Members of the Senate. I rise in opposition to the bill. This is another attempt to -- to prevent local units of government their home rule authority to raise the necessary revenue. If we continue to try to erode the tax base of our local units of government, then they turn will have no alternative but to cut services drastically. We try -- we -- we passed the surtax; you want to take that away from them. You don't want them to raise property tax; you don't want them to do this: and they 're being out there on the island all by themselves. think -- I think the City Council and the City of Chieago, who are the representatives of that -- of the people of that local unit of government, they passed this legislation. They gave it considerable thought through its revenue department. So therefore, urge the Members not to vote for this legislation. impacts on your area out there in Olympia Fields, Senator DeAngelis, could see you fighting for it, but 1et the local unit of government decide what revenue sources that it need to -- to meet its obligations to -- to its people. So T rise in strong opposition to Senate Bill 100.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis, to close. SENATOR DeANGELIS: Thank you, Mr. President. First of all, Would llke to point out, since there is so much concern about home rule, this amends the Section of the Municipal Code that is already a specific preemption of home rule taxing powers. We passed laws previously 37  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1993 that says you cannot do this. So, for those who may be concerned of that, I'd like to make that point. I do not belleve that we ought to be telllng units of government how to tax. Howeverr when, one, they put in a tax that's already been indicated they ought not to be doing and then, secondlyy a tax that is a nightmare to administer, I think that's bad public policy from a taxation standpoint. And I would urge that we support Senate Bl1l 100.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis was closing, Senator Lapaille. For what purpose do you arise? SENATOR LaPAILLE: Just an inquiry of the Chair. How many votes Will this take, since it would appear that we are taking the right away of a local government on taxesy and would appear to be a preenption?

PRESIDING OFFICER: (SENATOR WEAVER) This bill limits or denies the power to tax or any other power or function of a home rule unit not exercised or performed by the State. Currently, the bill w11l require thirty-five -- three-fifths vote pursuant to Section 6(g) of Article VII of the Illinois Constltution. Senator Lapaille. SENATOR LaPAILLE: So that would be thirty-six.

PRESIDING OFFICER: (SENATOR WEAVER) Thirty-six votes, yes. SENATOR LaPAILLE: A great ruling by your Parliamentarian. I want to compliment her.

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill l00 pass. Those in favor will vote Aye. Those opposed, vote Nay. The votin: is open. Have a11 voted who Wish? Have a11 voted who wish? Take the 38  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 record. On that questionr the Ayes are 42, the Nays are l1, 4 voting Present. Senate Bill 100, having received the constitutional majority, is declared passed. 127. Read the bill, Madam Secretary.

Senate Bill 127. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Bernan.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 127 prohibits corporal punishment the schools. It allows teachers to use reasonable force to naintain safety. This is a bill that is supported by the State Board of Education, the Illinois Association of School Boards, the Illinois Association of School Administrators, the Illlnois Principals Association, the Illinois Committee for Prevention of Child Abuse, League of Women Voters, Illinois Association of School Social Workersg and a long list of other proponents. Let me lmpose upon you for just one moment and read to you what the bill says, because I think that in the description of some of the eomments that have come to my attention regardinq the bill, there is a misapprehension as to what this bill does. So 1et me read to you What the law will say after this bill becomes law . It will read as follows: ''Nothing in this Section affects the power of the board'' - of Education in any school district - nto establish rules With respect to discipline; except that each board shall establish a policy on discipline, and the policy so established shall provide that a teacher may use reasonable force as needed to maintain safety for the other students'' - for ''school personnel...or for the purpose of self-defense, or the defense of property and may remove a 39  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 student from the classroom for disruptive behavior and shall include provlslons which provide due process to students. The policy shall not include slapping, paddling or prolonged naintenance of students in physically painful positions nor shall it include the intentional infliction of bodily harm .'' This is a reasonable, comprehensive approach to the question of corporal punishment. would suggest to you that probably most school districts already provide this. I can tell you that the school districts that I represent, which -- which are about a half a dozen in suburban Cook and the City of Chicago, a1l have similar policies now, but this is an important bill to establish State policy. I sollcit your Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Watson.

Yes. Thank your Mr. President. This bill, of course, was in the Education Committee. I didn't support it there, and I don't suppcrt it now. Regardless of what you feel about the issue of corporal punishment, paddling, or whatever it may be, this still is takin: away that control from the local districts to make that decision for themselves. And the Senator read from the -- the bill itself talking about some of the explicit language, but, you know, what read and see is a situation by which -- ''inflicting bodily harm.'' Now what What can that be? And I -- I -- I see just a lot cf litigation that's going to come from this. I've talked to the Association of -- of Attorneys for School Boards and they have -- they have great -- grave concern about this legislation and the impact will have possibly on the litigation and the cost of defending a school district when a case would come before it in regard to an issue such as this. So, even though he's tried to the sponsor is trying to tie this up as much as possible, there 's always that flexibility and the language 40  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 of thls ''inflicting bcdily harm'' and what does that actually mean? That ultimately, obviously, would be probably decided in a court case and in -- and in litigation, which would be very, very costly to the district. still say that this should be a decision that's made at the local level, and I certainly support that concept and would ask for your opposition.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica.

Thank you, Mr. Presldent. I just have two questions of the sponsor, lf I nay.

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Will yield.

Art, can you just tell me, number one, does this include private schools the first question. Second question, what Would be the penalty or -- or what would happen to a teacher that would -- let's just say that they didn't -- when I Was in school they, you know , they 'd get a boat oar or a paddle and they'd paddle you in the classroom or in the gymnasium . What if one of the teachers declded that he was golng to do this? What would happen?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.

does not apply to the nonpublic schools. B. The -- it would be the same type of dlsciplinary approach as a teacher Would be subject to if they violated any rule of the board, because this sets forth board pclicyy and that -- that Would be between the questicn of the -- of the board and the teacher.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara. 41  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

Thank you, Mr. President, Ladies and Gentlemen of the Senate. rise in support of Senate Bill Things have changed a 1ot in our society over the last few years, and I certainly think this is one issue whose time has definitely come. would like to reiterate that it does not apply to nonpublic schools, and I feel strongly that that is an inportant part of this bill. This only applies to public sehools. I would like to remind you that for hundreds, in fact thousands, of school children in Illinois, going to school each morning is the only place that they feel safe and feel that they are not going to be punished or beat upon. Many of us do not realize: but if you Work with certaln schools in your communities, you will find that that is definitely the case. Many of our childrene unfortunately, are abused at home and look upon school as a safe haven. The other point like to make is that many people don't like the ldea that schools are usurping the power of the family. This bill certainly gives the family the proper role of discipling their children without putting it in the hands of the school who, in fact, may usurp that power and handle it in a way that the family does not wish it to be handled . Agaln, child abuse has been such a big issue in the last ten or twenty years; do not see how anyone could not support this concept in 1993. I ask for a favorable vote. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka .

Thank you very much, Mr. President, Members of the Senate. This legislation, once again, represents, in my opinicn, an attempt by this Legislature to be a super school board. We have a lot of demanding tasks down here in Springfield: to balance the budget; to make sure that the people are secure in their person, places and things; to provide for a quality education; to provide 42  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l: 1993 for and promote the general welfare of this State. We have a group of people Who are chosen ever two or four years by parents of students. They fre called school board members, and where there -- where there is a potential, or Where there has been abuse of the powers of teachers in the district, school board members can, if they choose, remove teachers who have been abusive. I night also point out that if a school board decides that corporal punishment should be maintainedr they will put that on the line when they run for reelection and the voters will decide themselves at the proper election what should be the policy. I think that any attenpt by the State to micro-manage the school districts and their policies is a -- is in itself a policy that is doomed to fail. No matter what your feelings may be cn this matter pro and con, do think that, once again, the State is -- is managing areas that it has no legltimate reason to manage. For that reason T urge a -- a No vote.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

Question of the sponsor?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'll yield.

Two questions. If -- if We're so concerned about the children, why did we not include private schools in this as well, or don't we care about the private school children's safety? And the second question is: HoW are We going to define reasonable use? You know, I see this thing as an absolute lawyer's dream, because we can't define that. That's going to end up being defined in the courts, because every time a teacher ends up having to use reasonable force, the parents see this as a gate for a wonderful windfall of profits. So I guess I'd like to have tWo 43  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 21r 1993 answers on that. Why is not in private schools if we're protecting children? And second of all, how are we going to define reasonable use?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman. END OF TAPE TAPE 2

The reason it doesn't apply to the private schools is because our job is to set policy for the public schools in the State of Illinois. That's the reason that don't think that it's appropriate for us to address the question of the private schools in this bill. Secondly, reasonable force: We are setting State policy by this; ve have used words like reasonable force, reasonable this, reasonable that, in many of our pieces of legislation. That sets State policy . The interpretation is done on a case-by-case basis. Whether that's good policy or bad policy, that's the way our system works, and don't think in concern for the welfare of our children, that this should be rejected because it follows the traditional approach of setting State policy. Reasonable force means reasonable force. If a child needs some kind of discipline because of outrageous behavior, this would still allow for that. It's -- it's the unreasonable reaction to a child that this bill seeks to prevent.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Bermanr to close.

44  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 2l, 1993 Thank you, Mr. President. I found it interesting, Senaeor Watson, that youdve relied upon the -- advice of some of the school board attorneys. There Were some bills up last night that I wish you would have listened to some of the attorneys on. The some of the opponents indlcated that they thought this was a incursion upon the prerogatives of school boards. The Illinois Association of School Boards supports this bill. The Illinois Association of School Administrators supports this bill. The Illinois Principals' Association supports this bill. These are the people that have to work in setting this policy. They want us to pass this bill. And I Would point out to you, Ladies and Gentlemen, that our major duty in this Body is to set State policy. Let me suggest to you that think it is very interesting: We have set State policy that prohiblts corporal punishment in mental institutions: in prisonsy and in county jails. I think schools deserve the -- at least the same kind of recognition regarding corporal punishment ban, as we have done in those other three institutions. I solicit an Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 127 pass. Those in favor will vote Aye. Those opposed Will vote Nay . The voting is open. Have al1 voted Who wish? Have al1 voted who wish? Take the record, Madam Secretary. On that question, the Ayes are 39, the Nays are l4, 3 voting Present. Senate Bill 127, having received the constitutional majority, is declared passed.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Daniel, for what purpose do you arise, sir?

Thank you, Mr. President. For a point of personal privilege. At the rear of the Chamber on the Republican side is a -- a group of students from Lincoln Trail Collegey along with their instructory ''Tancy'' Finkbiner. Help me welcome them to the 45  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Chamber, please.

PRESIDING OFFICER: (SENATOR MAITLAND) Will our guests the gallery please rise. Welcome to Sprlngfield . Senate Bill 129. Senator Raica. Senator, do you wish this bill returned to 2nd Reading for the purpose of an amendment? Senator Raica seeks leave of the Body to return Senate Bill to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectlon, leave granted. On the Order of 2nd Reading is Senate Bill 129. Mr. qsic> Secretary, are there any Floor amendments approved for conslderation?

Floor Amendment No. offered by Senators Shaw and Dudycz.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw, to explain the amendment.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. 3 is a simple amendment. It prohibits a public officlal who has pleaded guilty to a criminal offense that would remove him or her from office upon sentencing -- this amendment would remove that prohlbition, and upon a plea of guilty for such crime, would automatically vacate the office, at that time. And I ask for adoption of the amendment.

PRESIDING OFFICER: (SENATOR MAITLAND) Any discussion? Any discussion? Senator Hawkinson.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he'll yield, Senator Hawklnson.

Senator, if for some reason the court allowed the plea of guilty to be withdrawn, would -- What would be the effect?

PRESIDING OFFICER: (SENATOR MAITLAND) 46  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Senator Shaw .

The the effect of this -- this amendment -- it would have no effect if the if the court allowed the plea to be withdrawn.

PRESIDING OFFICER: (SENATOR MATTLAND) Senator Hawkinson.

So -- so if a plea were to be withdrawn and then the person acquittedr they Would not lose the office.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw .

Riqht.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? All those in favor, signify by saying Aye. Opposed -- opposed, same sign. Ayes have it. The amendment ls adopted. Any further Floor amendments approved for consideration, Mr. Secretary -- Madam Secretary?

No further amendmentsr Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 139 <sic> (131). Senator Raica. Read the bill, Madam Secretary.

Senate Bill 131. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill l3l would eliminate the nonpartisan election 47  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 2l, 1993 held on the first Tuesday after the first Monday in November of odd-number years, and if you followed along so far, the measure would transfer the election of officers in a nonpartisan election to a consolldated election, Which is held the first Tuesday in April of the odd-number years. The following officers are elected in a nonpartisan electlon: they would be the school board members, community college trustees, fire protection district treasuries -- or trustees, Springfield Metropolitan Exposition and - - and Auditorium Authority Commissioners, the Tuberculosis Sanitarium District trustees, and the nonpartisan elected officers of special districts. The above would join municipal and township officials in being elected at the consolidated election. Senate Bill 131 is a part of the State Board of Election's legislative package. The Board estimates that the legislation could result in a cost savings to local election officials of up to four million dollars. This is due to the reduced election judges' salary, the printing costs and the polling place rental, among other such charges. Senate Bill l3l will also increase voter interest in -- in and particlpation in consolidated election, because more units of government will be electing officers on that one day, resultin: in more contested elections. The IEA has come to me, guess was yesterday, and stated that they were against this bill, even though this bill had been on the Calendar for quite -- some time . So if I were to coin a phrase, they probably should have done their homework and they would have known that this bill was on the Calendar for this length of tlme, and Wouldn't have just come and objected yesterday. Their main objectionr quite franklyy among the people here in this room, is that it's tough enough to get the IEA members to vote -- their union members to vote on -- in this election, and they actually get their union members to vote on this election a1l the time, they'll always get what they want. What this actually causes is more pecple will 48  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 2l, 1993 come to the polls, and therefore their voices be heard in these local elections. And I Would just ask for your support.

PRESIDING OFFICER: (SENATOR MAITLAND) Discussion? Discussion? Senator Stern.

Mr. President and Members of the Senate, I rise in opposition to this billy not to say it's irrational, because I understand -- I understand that those of us who vote in that off-year school board election go in ready to vote and perceive that there's nobody there but us and that it is a 1ot of fuss for little result, but let me give you a little history on how this came about. In the old days - and you can -- you know Idm an elderly person and go back a long way - we had school board elections: it seemed to me, every Tuesday and Saturday throughout the spring. They were run by the school boards or the toWnships or the municipalities, and you never knew where you were going to vote. A strong effort was made to consolidate these elections back in, well, I can't give you the year, and to make them uniform , so that the citizen would know where he or she was going to vote and know exactly the dates year after year after year. We now have two elections in the even-numbered years: a general primary and a general election in November. And in the odd-numbered years we have three elections: a primary, a general for municipal and township elections - we had one yesterday and the November election for nonpartisan school boards and colleges community colleges and so on. I think this was an important segregation of nonpartisan elections from the party fights that take place in primaries and general elections at the other times. Yes, is expensive. It costs us, but We made an effort to cure that by reducin: tbe number of election judges needed. Democracy is sort of expensive, folks, and think we have to recognize that we pay for the value of -- for the value received. I urge a No vote on 49  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2lr 1993 thisz because I think it is important to keep that separation, but not because I think it is an irrational idea. Do please consider carefully, and vote No.

PRESIDING OEFICER: (SENATOR MAITLAND) Senator Lapaille. SENATOR LaPAILLE: Thank you, Mr. President. I stand in support of Senator Raica's billr fact as a chlef cosponsor. We were both presented this bill very early on in the legislative process by the State Board of Elections. It wasn't until late yesterday that we found out that a major teachers' organization in this State stood opposed. Well, let me give you some facts and you'll see why Senator Raica 's bill is a good bill to pass. The State Board of Elections estimates that the average turnout the average turnout in this special election is fifteen pereent. A fifteen percent turnout. We're spending four million dollars for a fifteen percent turnout. That is the highest cost per voter election in this State. So when the educators tell you We need more money for education, we need more money for education, what Senator Raica and I are saying is use this four million dollars for, perhaps, early childhood development programs; special education; computers in the classroom; yesr maybe even teachers' salary increases they are deemed appropriate. But to have an election where fifteen percent of the voters come out and it's the highest cost per voter election in this State, thlnk we are going down the wrong rcad. We should turn back what we did several years ago . Just because you reform something and you consolidate something, doesn't mean you can't change it back and give the taxpayers a break. So I support this legislation, and hope the Senate also apprcves Thank you very much.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weleh. 50  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 21, 1993

had a question of the sponsor.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield, Senator Welch.

Senator Raica , the individuals who do get elected in November cf the odd-numbered years, will they have their terms shortened by six months or whatever? Ts ehat in the bill?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica.

Thank you, Mr. President. Senator Welch, my information is that it would probably not affect their terms. It would stay just as is. PRESIDING OFFICER; (SENATOR MAITLAND) Senator Welch .

I'm not sure how that would happen. If they're elected in -- in November and -- in 1991, and they had a four-year term, and they'd be up in November of '95. Your bill is effective January lst of '94: so their reelection, would seem, would be March of '95. Is that -- is that correct, or Would they not be up until their term expires? Ifm not sure of the mechanics.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica.

Senator Welch, my information is the people, when they brought this situation to our attentiony probably did not address that particular situation. However, if it a problem r I would be more than willing to have that problem addressed in the House with an amendment. I have no problem in doing that.

PRESIDING OFFICER: (SENATOR MAITLAND) 51  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21y 1993 Further discussion? Further discussion? Senator Raica, to close.

Thank you for being so kind, Mr. President. Would just like to -- first of all, I'd like to thank Senator Lapaille for offering to come on as a joint sponsor on this piece of legislationr and would just also like to mention to the Membership that when Senator Stern stocd and said everything about the bad things about this particular piece of legislation, would just have everybody look at their -- their analysis, which showed this bl1l passed out on a Do Pass Motion, 10 to 0, in Which Senator Stern is a Memberr and voted Yes on this piece of legislation. This bill would save the State of Illinois approximately four milllon dollars. It's not a bad piece of legislation. All we want to do is get the people within the State of Illinois to get their input on -- on a particular election that should acEually be part of our election process, and therefore, these people will know what exactly they 're voting fore and we dll get a better turnout on importanE issues regarding the schools. Again, I'd like to thank Senator Lapaille, and ask everybody for an Aye vote.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Senate Bill 13l pass. Those in favor will vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have a11 voted who Wish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 48 Ayes, 4 Nays: 3 Members voting Present. Senate Bill 131, having received the required constitutional majority, is declared passed. Senate Bill 135. Senator Watson. Read the bill, Mr. Secretary .

Senate Bill 135. 52  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

Well, thank you, Mr. President. The original bill is no longer a part of this legislation. Amendment No. 1 deleted everything, and put language in the legislatlon dealing with the supernumerary -- dealing with the supernumerary teacher sltuation in the public schools of Chicago. Amendment No. 2 simply added an effective date. But what we're doing with this legislation -- and it comes to us as a result of a meeting we had in the City of Chicago with the Urban League and three of the Members of the Education Commlttee on the Republican sider and then two Members from the Democrat sider and one indivtdual who really put the meeting together, whlch I appreciate, and that was Senator Palmer. The Urban League and the other reform groups throughout the process of reform in the City of Chlcago have addressed their concerns about the supernumerary issue and something that needs to be done. This is certainly an attempt to do that. This Would limit the payment of salary of benefits to sixty days after a teacher becomes a supernumerary, and that if within two years after the conclusion of that sixty-day period the supernumerary -- attains a certification in a new area and then is selected for a position by a principal, the supernumerary then would -- would regain a11 tenure rights and seniority status that had been given - - that they had lost during that particular time of -- of absenteeism. We appreciate the work of the Urban League and al1 those reform groups who have been involved in this legislationy and I'd be glad to answer any questions; otherwise, I'd appreciate your support.

PRESIDING OFFICER: (SENATOR MAITLAND) 53  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Discussion? Senator Berman.

Thank you, Mr. President, Ladies and Gentlenen of the Senate. I would hope that the sponsor Would clarify that the so-called reform groups and the Urban League -- my impression is that they do not endorse the provisions of this bill, and I specifically ask that because -- 1et me tell you what this bill does. Generically, yes -- generically, yes, addresses the issue of supernumeraries, and this has become a -- a banner issue. Let me try to clarify it for a11 of us, so that we understand what we're talking about. By definition, a supernumerary is a teacher who has been the school system for a conslderable length of time; they have never been evaluated at anything less than satisfactory - and I want to underline that. They have never been evaluated as unsatisfactory, but the reason that they are in a category called ''supernumerary'' is because their class or area of specialization in a school has been eliminated. Now , that can mean that because of a reduction in population in a particular school where you used to have three English teachers, because there 's a decrease in the nunber of students, you now only need two English teachers. And that English teacher is then moved out of that school, and because of the provision ln Chicago school reform that puts the principal in charge of selecting their new staff, that English teacher has to go around to at least three schools and sayr ''Mr. Principal or Miss Principal, I'm a longtime English teacher. Would you take me into your school building?'î And the principal, for whatever reasons that principal desires, can accept that teacher or can reject that teacher. Now, this is unique to Chicago, Ladies and Gentlemen. In every school dlstrict outside of Chieago there is a bumping procedure based upon tenure. We've abolished that in Chicago; that's why - which was a major -- supposedly a major step forward - we have created these supernumeraries, but they are 54  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 qualified, experienced teachers. Nowy let me tell you the facts. Today - today - there are two hundred and ten supernumeraries two hundred and ten out of a teaching force in Chicago of twenty-six thousand. That means that the subject matter of this bill. addresses less than one percent cf the teaching force. Secondly, of those two hundred and ten, as of yesterday, tWo hundred and four are in schools teaching, pursuant to their certification. Now , that's very important to remember, if that English teacher tbat gave you the exanple of today is in a classroom teaching English. addition to these two hundred supernumerariesr there are hundredsy perhaps thousands, of schoolrooms every day that are vacant in Chicago. For sick teachers, teachers on leave, for whatever reason, there's vacant classrooms. This bill, in order to respond to some cause celebre regarding the word ''supernunerariesz'' in sixty days would fire eliminate - those two hundred and ten teachers who are presently in a classroom teaching students. So instead of havingr let's say, a thousand empty classrooms that we may have had today, utilizing these teachers - sixty days from now -- sixty days after this bill becomes law, we 'll have twelve hundred and ten empty classrooms. Now, does that make sense? suggest to you, it does not. I have suggested to Senator Watson - because I -- I recognize this is a - - a hot issue we've got to do something about these supernumeraries. want to do something about them . The reform groups wants to do something about them . Senator Watson wants to do something about them . What's provlded ln this bill does not address the problem. It will hurt the children. It will hurt qualified, experienced teachers. It will create more empty classrooms. I would suggest a No vote. There Will be other bills, more practical approaches to the problems of supernumeraries, that we will address between now and adjournment. I urge a No vote. 55  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2lr 1993

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Watson, to close.

Wellr thank you, Mr. President. -- oftentimes thlnk Senator Berman hears what he wants to hear, and he's very good at articulating somewhat of a misrepresentation, mayber of what really went on in the Education Committee when comes to the Urban League and their involvement this legislation. They support thls legislation. They -- they testlfied in its behalf. They signed on as -- as witnesses in behalf of the legislation, and alsor so did the Leadership For Quality Education; so did the Designs For Change, and so d1d the Chicago Board of Education. These individuals support Now, it -- maybe We 're talking about two hundred and ten teachers. Out of twenty-six thousand? Sure, that's not a lot, but I want to tell you, every single meeting that I've attended in the City of Chicago and in Springfield, when lt's dealt With reform , the supernumerary issue comes to the top. It's one of the first things that get talked about by the reform groups, by the princlpals, by the media, by the by those people who are concerned about a quality of education for the young people of the City of Chicago. Every single time, supernumerary comes up . Sure, it 's unique to the City of Chicago, and the City of Chicago, the public schoolsy unfortunately, have a deplorable record at this particular time in regard to their graduation. Progress is being made. Reform is working in the City of Chicago, but more needs to be done, and this issue will take a step that direction. And I Would appreciate your support.

PRESIDING OFPICER: (SENATOR MAITLAND) The question is, shall Senate Bill 135 pass. Those in favor will vote Aye. Opposedr vote No. The voting is open. Have all 56  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 voted who wish? Have all voted Who Wish? Have al1 voted who wish? Take the recordy Mr. Secretary. On that question, there are 44 Ayes, 9 Nays, 4 Members voting Present. Senate Bill 135, having received the required constitutional majority, is declared passed. Senate Bill 149. Senator Mccracken. Sorry. Senator Mccracken is in Rules Committee. With leave of the Body, we'll return to that Order of Business. Leave is granted . Senate Bill 157. Senator Hasara. Read the bill, Madam Secretary.

Senate Bill 157. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara .

Thank you, Mr. President. Senate Bill l57 does two things. First of all, at the request of the Supreme Court, it asks the Secretary of State to study the feasibility of adopting a uniform traffic ordinance numbering system. If a local police officer writes a ticket under a local ordinancey there is no way presently for the Secretary of State to report that, because of a11 the different numbers of the local units of government. So Welre asklng for a study of that to be done so that we could make those numbering systems uniform . Secondly, the bill provides for the Department of Central Management Services to promulgate rules that would permit, and I add ''permity'' those under the State Employees' Hea1th System to opt out if they choose. ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR MAITLAND) Any discussion? Senator Demuzio.

Well, Mr. President, on that last bill, I Was in the Chamber 57  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 behind you, and Was not voted. I want the record to reflect that if I had been here, I Would have voted Aye.

PRESIDING OFFICER: (SENATOR MAITLAND) Record Will so reflect, Senator Demuzio. Further discussion? Further discussion? Senator Hasarar to close. I'm sorry . Senator Jacobs? You don't wish to speak? Senator Hasara, to close.

I don't believe that this is controversial, and I would just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Senate Bill l57 pass. Those in favor will vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record: Madam Secretary. On that question, there are 56 Ayes, no Nays, no Members voting Present. Senate Bill 157, having received the required constitutional majority, is declared passed. Committee Reports.

Senator Weaver, Chairman of the Committee on Rules, reports that the following Legislative Measures have been assigned to committees: Be Approved for Consideration - Senate Amendment No. to Senate Bill 17r Senate Amendment No. 6 to Senate Bill 209, and Senate Amendment No. 3 to Senate Bill 900. Referred to Appropriations Committee - Senate Amendment No. 2 to Senate Bill 2687 Senate Amendment Nos. 14, 15, 16 and 17 to Senate Bill 311) Senate Amendment No. 2 to Senate Bill 313; Senate Amendments 6, 7 and 8 to Senate Bill 314: Senate Amendments 7, 8 and 9 to Senate Bill 3157 Senate Amendment No . 2 to Senate Bill 3187 Senate Amendment No. 6 to Senate Bill 3197 Senate Amendments 7 and 8 to Senate Bill 3207 Senate Amendment No. 3 to Senate Bill 58  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 321; Senate Amendment No. 2 to Senate Bill 5207 Senate Amendment No. 2 to Senate Bill 521) Senate Amendment No. to Senate Bill 5247 Senate Amendment No . -- Nos. 4 and 5 to Senate Bill 5257 Senate Amendments 3 and 4 to Senate Bill 5277 Senate Amendments 4, 5 and 6 to Senate Bill 5287 Senate Amendments 3, 4 and 5 to Senate Bill 529; Senate Amendment No. 3 to Senate Bill 532: Senate Amendnents and 4 to Senate Bill 9447 Senate Amendment No . 3 to Senate Bill 9457 and Senate Amendment No. 2 to Senate Bi1l 1099. Referred to Commerce and Industry Committee - House Bills 382 and 2223. Referred to Education Committee Senate Amendment No. 2 to Senate Bill 928, and Senate Amendment No . 3 to Senate Bill 950. Referred to Energy and -- pardon me, Environment and Energy Committee - House Bills 404 and 1671, and Senate Amendments Number Numbers 7 and 8 to Senate Bll1 770. Referred to Executive Committee from -- from Executlve Committee to Environment and Energy Committee Senate Amendment No. 5 and No. 6 to Senate Bill 770. Referred to Executive Commitkee - House Bills 1077 and 1332, and House <sic> Amendments 2 and 3 to Senate Bill 577, Senate Amendment No. to Senate Bill 625, Senate Amendment No. 3 to Senate Bill 899, and Senate Amendment No . to Senate Bill 937, and Senate Amendments 4 and 5 to Senate Bkl1 900. Referred to Insurance, Pensions and Licensed Activities Committee - House Bills 1016, 1456 and 2028. Referred to Judiciary Committee - House Bills 35, 667, 936, 1158, 1235, 1426, 1452, 1496, 1983, 2152 and 2160. Referred to Local Government and Elections Committee - House Bills 176, 474, 1164, 1281 and 2195, Senate Amendment No. to Senate Bill 130, Senate Amendment No. 2 to Senate Bill 538, and Senate Amendment No. 5 to Senate Bill -- pardon me -- to Senate Bill 45. 59  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21y 1993 Referred to Public Hea1th and Welfare Committee -- House Bills 32, Senate Amendments No. 4 and 5 to Senate Bill 66, and Senate Amendment No. 3 to Senate Bill 967. Referred to Revenue Committee - Senate Amendments Senate Amendment No. 4 to Senate Bill 558, and Senate Amendment No. 4 to Senate Bill 672. Referred to Transportation Committee - House Bills 673, 675, 1261 and 1362. Re-referred from Transportation Committee to the Rules Committee and then to the Floor - Be Approved for Considerationr Senate Amendment No . 2 to Senate Bill 536. Filed April 21y 1993.

PRESIDING OFFICER: (SENATOR MAITLAND) Earlier, leave was granted to Senator Mccracken to return later to Senate Bill 149. Senator Mccracken is back on the Floor now. So in the middle of page Senate Bill 149. Senator Mccracken? Read the bill, Madam Secretary.

Senate Bill 149. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mccracken.

Thank you, Mr. President, Ladies and Gentlemen. Current 1aW exempts day care centers for children over three years old that are conducted by nonprofit ninistries as defined in the Internal Revenue Code, Section 501(c)(3). These ministries now seek an exemption for children under three, and as added safeguards in the exemption language, require not only that be a not-for-profit ministry and also requires that a11 -- applicable State health and safety requirements are -- met and maintained. It also authorizes 60  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 the criminal background check for anyone employed by the day care center; requires the day care center to notify parents if it has not done the criminal backgrcund check; requires an inspection by the -- State Eire Marshal's Office prior to conducting the program; requires at least annually, further inspections for that purpose. And I move passage of Senate Bill 149.

PRESIDING OFFICER: (SENATOR MAITLAND) Discussion? Discussion? Senator Carroll.

Thank you: Mr. President, Ladies and Gentlemen of the Senate. rise in truly very strong opposition to this legislation, some of which We discussed when the amendment was up. And 1et me tell you again What bothers me about this prcposal. am truly fearful that sbould this ever become law, we will rue the day that we made this kind of a mistake; that the horrors that could come will be blamed appropriately on those who suggest this is the way to go . And 1et me tell you what I think is wrong with it: and I really don't want to go into what happened in Waco, though honestly believe Ehat, in part, would have been protected under this kind of lawy were this the law ln Texas. Ministry, of course, is undefined in the Act, and that's Why even a situation like Waco could r face, happen. As Senator Mccracken pointed out, Sunday schools that have child care or situations where the child care is truly a part of the religious activities of the churchy templer parish or mosque are already exempt; so that if a person is going to services to worship or -- or engaging in some other activity as part of that religion, it is exempt. But 1et ne tell you what's not covered if this becomes law that is now covered . Let me tell you what this law Would exempt that truly bothers me. First of all, these would beccme for-profit. Under current law, the exemption exists only if they are really part of the ministry and not-for-profit. This is taking that aspect out of it as what 61  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 2lp 1993 they charge. It's not limited to the members of that particular faith - however that faith wants eo define it. So they could go out and advertise for anybody they want and not have to comply with the type of safety protections we have put for children under age five when they 're in the care of someone other than their parent. They would not have to have the type of -- of ratio of adult-to-child that we now requlre, and the New York Times, about two months agor very carefully identified the problems that happened there where some children got killed ln a fire because there was not the adequate ratio of adults to children. They would also not have to have the crimlnal background checks. As Senator Mccracken said, they Would have to notify the parents that they are not providing criminal background checks. To me that's not good enough for kids. The 1aw now requires 1t; we should not be taking that out of the law . The caregivers Would not have to have the minimum health eare standards that we now apply. For example, the caregivers would not have to be trained ln CPR; they would not have to be trained in early childhood development. Senator Mccracken's bill exempts those Ehings from the law. Why the uorld would we Want to do that? He only mandates fire inspectlon, unlike that which he said, for programs servlng kids under age three. Currently it's under age five. So for those who have schoolchildren age -- preschool children age three to five would now not have to have fire inspection. Why the world would we want to do that? We do not have anything that gives basic health care protection to these kids. It seems to me that the way we should be going is to say - as we now say in the 1aw if the religious instttution is providing this care While the person is going to a religious activity at that institution, that's different. We understand that. That's not day care in a profit sense. But under the Mccracken bill, this day care does not have to be anywhere near the religious institution. It can be 62  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 a building miles away. And wedre taking away all of the protections I shouldn't say that most of the protectlons, the protections you and I and our people in our districts would consider important: that they be trained, that they know how to save a child 's life, that the building be inspected for fire code, that the person who's giving care have a criminal background check, and so much more. I don't think we should take away those protections from our most honored and our most important possession - our children. And I think this should be defeated.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, Amendment 4 is the bill, and Amendment 4 says particularly that the programs that are exempted are those 'L ..operated as an integral part of a ministry by a church, as described Section 50l(c)(3) of the Federal Internal Revenue Code of 1986, Wlthout government aid; provided that applicable State health, safety, and fire standards are maintained.'' Those standards will have to be maintained, of course. And this is a church that Will be ministering to youngsters under three because, first of all, they're not-for-profit. And they're not-for-profit; they don't charge as much for a young woman who wants to work and she can 't afford some of the high costs of day care. It's a -- it's a very helpful thing. Another thing is, We're separating church from State, and certainly this -- this amendment, which is the bill, has all the safeguards, a1l the checks. If there aren't any criminal checksy they must notify the mother or the -- the custodial parent of the child in writing, and therefore that -- that mother, or father, or custodial parent will know. I mean, think al1 the safeguards have been met with this amendment, Which is the bill. I think it's a good bill, and I ask for its passage 63  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 because it's a helpful bill for not only the churches who operate these programs, but the poor women who need to have those services at little or no cost.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. You know, this is probably a bill that has cost me more consternation than any bill, perhaps, that we 've addressed, including caps, because there's some issues here that are being discussed that believe very strongly in, but there 's also some protections that I want to ensure are safeguarded. So have a few questions of the sponsor, if -- if he would yield .

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Jacobs.

First of all, there was discussionr and I would like an answer from the sponsor. Does the church have an option, or must the church authorize a criminal background of -- of those people involved? Yes or no.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mccracken.

On page 2, line 31 and following, it requires the church to cause a criminal background check to be made on every person who works at the day care program. At page 31 <sic> line 3 Ksic> (31), it requires that if that -- if the criminal background check is not done, that the parents must be notified.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

So read that, then, to be optional, basically; that if they 64  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 - - they choose to, their must; if they choose not to, then -- then they just have to notify the parents. Correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mccracken.

No. They -- they have to provide that statement to the parents.

PRESIDING OFFICER: (SENATOR MATTLAND) Senator Jacobs.

Wellr Without going any further on that, Whenever the issue appeared to be those under three, in addition to -- to what the eurrent law was, why do we not just take the age three out of the current law?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mecracken.

That's a good point, and frankly, that is probably the logical response; however, this has generated such heat that we are ending up with a far more modest proposal.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Okay . Who will the child care services be offered to?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mccracken.

There is no limitation expressed in current lau for children over three, nor is there a limitation expressed the proposed change.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jaccbs. 65  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

Thank you. Who -- Who -- who are the members -- Who can the services be provided by?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mccracken.

The reference in current 1aW is a program operated by church or religious institutions as described in 50l(c)(3) of the Internal Revenue Code. The change in the 1aw ls similar, and -- and 1911 read it to you: 'L ..operated as an integral part of a ministry by a church, as described in Section 501(c)(3)...''. So, the provider must be the church, as a part of its minlstry.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Just one last question. Can the child care services be furnished at other than the primary source of Worship of a church, temple, mosque or parish?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mccracken.

There fs no reference, either current law or in this bill, to the location; however, in both cases, as I've said, the service can only be provided consistent with this Section, if it's an integral part of the mintstry.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Just one last question, then we'll -- we'll let someone else speak. I still see some problems with with some of the language. Is it the sponsor's intention that this will be an ongoing dialogue to come up With a bill that over in the House, 66  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 that we can a11 live with, that can perhaps resolve some of the issues of whether there is an optlon, as an example, of criminal background and some of those areas?

PRESJDING OFFICER: (SENATOR MATTLAND) Senator Mccracken.

Yes.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Palmer.

Thank you, Mr. President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield, Senator Palmer.

Senator Mccracken, Who wants this bill? I have looked through my analysis fairly thoroughly, and I do not find a list of supporters that would expect from organized religion. Do the Catholicsr the Eplscopalians, Methodists, members of the Jewish faiEh support this legislation? Because I would have thought that they would have been listed on my analysis to say that they are, fact, enthusiastic about this bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mccracken.

The bill comes to me from Senator Geo-Karis' constituent, and think it's a Baptist ministry . Is that correct? Yes.

PRESIDING OFEICER: (SENATOR MAITLAND) Senator Palmer.

Thank you. So the answer to that question then that the other religions do not support this bill; that this is from one constituent who is a Baptist? 67  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mccracken.

Senator Geo-Karis advises that they apparently Were initially, and it's been amended to this form since that time. I do not know where they are now. I saw circulated a list of supporters. don't have it in frcnt of mer though.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Palmer.

Thank you. It ls my understanding - at least I have been advised - that these religious organizatlonsr in fact, oppose this legislation, as does DCFS.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Dunn.

Thank your Mr. President. To the bill: I think my concern is that we cannot give certaln people the presumption that they Would not prey upon people under three years of age. I'd like to be able to say that, but the fact of the matter is, my experiences in life tell me that that is not so. It's especially not so in -- in recent times. And the problem that -- that I see is that where there is this notlfication to a parent that no background check has been gtvenr will not hold much weightr because I think, as a general proposition, people that are religious, who go to church regularly , have a tendency to base their religion on their falth: using the term ''faith'' in the sense that they take on faith What the pastor tells them . And -- and my problem is that I envision scme of these pastors that have been in the news recently in the last couple of years telling good faithful parishioners that ''We don't need a background check on any of our people; they 're a11 good r religious people; theydre in the first pew every Sunday.'' 68  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21y 1993 And the fact of the matter is that that's not the case, and I don't think that we ought to take the risk. think the sponsor's intentions are well-intended, but I don't think we ought to place our most vulnerable three-year-olds , or even ones over that, for that matter. We ought -- we ought not to take that risk. .

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Mccracken, to close.

The current 1aw gives to to the extent people are concerned about protections being written into this law , current 1aw has none of these protections fcr children over three. Zero. The 1aw is currently only in effect that they have to be a 501(c)(3) organization and conduct this as a part of their ministry. We go far beyond that in the case of persons less than three. In factr if you give some thouqht to this, would submit that the only thing this does noW is not put these minlstries through the pain of the DCFS bureaucratic paperwork. That's really the only difference here. Current law requires, in the case of over tbree years old, that all safety and health standards be met and maintained. This also requires that to be done. In effect, all we're doing is saying, ''You don'e have to deal uith DCFS if your as a part of your ministry, want to provide day care services.'' Remember, it's got to be a not-for-profit organization and activity. That is currently the lak . We retain that. Par more than is currently the 1aw is also added so that, although I'm getting credit for a radical move here, the truth is far more modest. There is no requirement now that day care checks be done, according to this Statute. Zero. So we put in. There is no requirement in current 1aw that We go beyond the local health and safety codes and require the State Fire Marshal to inspect. That is in conjunction with whatever local applicability ordinances on 69  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 health and safety have for this locality. This is a very modest proposal. And reallyy to hold up DCFS as the paragon of virtue, and as a classr to tell society that we belleve ministries should be suspect and that we should be careful, I think is the -- is -- is precisely the Wrong message that we want to send. . You know r you -- you talk about fear of Waco. Don't you think that bringing these ministries into the mainstream, allowing them to serve as other than just members of the church, allowing them to have as employees other than just members of the church: has a moderating influence? Haven't we gone a long way in making this a mainsKream activity? This is far more protection than they've got now for for children in ministry day care eenters over three. This is a very modest prcposal, and I seek your support.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Senate Bill 149 pass. Those in favor will vote Aye. Opposed, vote No. The voting is open. Al1 voted who wisb? Have a1l voted who wish? Have a11 voted who wish? Take the record, Madam Secretary . On that question, there are 32 Ayes, 23 -- 22 Nays, 3 Members voting Present. Senate Bill 149, having received the required constitutional majority, is declared passed. Senatcr Donahue, for what purpose do you arise?

Thank you, Mr. President, Ladies and Gentlemen of the Senate. rise on a point of personal privilege.

PRESIDING OFFICER: (SENATOR MAITLAND) State your point.

In the gallery, from Bloomington High School - and I do this on behalf of our Chair today, Senator Maitland - we have a group from Bloomington High School students' history class: Brad Bittermann, Kyle Brock, Doug Coddinqr Jim Cooley, John Kramer, and Vijiya Singh, and their instructor, Stan Otto. And we'd like to 70  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1993 have them rise and be welcomed by the Senate.

PRESIDING OFFICER: (SENATOR MAITLAND) Will our guests please rise, and welcome to Sprlngfield . We have some additional special guests With us in the Senate today, and the Chair would yield to Senator Demuzio .

Well, thank you very much, Mr. President, for recognizing this group at thls time. There -- there has been some -- scme comments on the Republican side about the Democrats taking over the Podium again and these people serving as the -- the bodyguards. never quite thought of it that way, but now that you pve mentloned thank you very much. Ladies and Gentlemen, Representative Tom Ryder and I are both delighted today to have the opportunity to welcome to the Senate, finally: the -- the members of the Calhoun County football teamy who won the Class -- IHSA, Class 1 Football Championship at Illinols State University's Hancock Stadium in Normal this past year. We have with us a number of the players and the managers and coaches that are -- that are with us. The Senate qsic> (House) passed a resolution recently that congratulated the Hardin-calhoun County Warriors on Winning the IHSA Class IA State Fcotball Championship, and that we have, in fact, extended our slncere best wishes to them for success in the future and that we, in fact, Will provide them todayr at your requestr a copy of all of the preamble and resolution that Was passed by the Members of the Senate <sic> (House). And we wl11 present those to the Principal and the Athletic Director and the Head Coach, Ric Johns. And I would like to congratulate Ric Johns and his staff, as well as the faculty and the parents of the school, who share in this great victory, as they have provided the instruction, the inspiration and the support which has contributed to this fine finish of a memorable season. And so now I would like to call upon Representative Tom Ryder to say a Wordr and then 71  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 Coach Johns. Representative Ryder.

(Remarks by Representative Tom Ryder)

At this time, I'd like to ask Coach Ric Johns to say a few words, too. Ric.

(Remarks by Coach Ric Johns)

Senator Watson.

guess should address you as Mr. Presidentr since you're in the Chairr but that seems a little unusual these days.

Thank you .

Question: To be IA, what is the enrollment of your school, to be in a TA Class?

Well we -- it's a pretty complicated system . Our actual enrollment was a hundred and eighty-three students, male and female. It's a complicated system by Which you're classified according to the enrollment of the schools play. So as the play-off pairings came outy I think we were listed at about 240, which was still one of the smallest schools in IA ...

But you actually have an enrollment of a hundred and eighty-three, you said.

Yes' one hundred and eighty-three, and we're very proud to say that fifty-two of those boys in the school played football for us this fall. 72  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993

That's What I Was -- that was the next question. That's that's excellent. Very good, and congratulations.

Thank you very much.

Well, Senator Watson, I'm very surprised you didn't know the answer to that question. Thank you very much, Ric, for enlightening Senator Watson, who is Chairman of the Education Committee. Congratulations very much. The resolutions, on behalf of the Members of the Senate, presented to the team, and thank you a11 very much for allowing us to do this.

PRESIDING OFFICER: (SENATOR MAITLAND) Senate Bill 159. Senator Watson. Read the bill, Madam Secretary.

Senate Bill 159. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

Thank you, Mr. President. Senate Bill l59 comes to us from the State Board of Education, and we rolled into this particular bill several other noncontroversial pieces of legislation that were -- was addressed in the Education Committee. The original Senate Bill 159, as introduced, allows the State Bcard to award block grants to participating school districts for speclfled programs deslgned to improve student performance. In the Committee we added the provisions of three bills: Senate Bill sponsored by Senator Berman; and Senate Bill 279, sponsored by Senator Karpiel, dealing with opening up the parental training 73  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leqislative Day April 2l, 1993 grant program to parents of al1 students; and also Senate Bill 332, sponsored by Senator Hasara r deallng with the qualifications of members of the Vocational Education Equity Advisory Committee. 0n the Floor we added the provisions of Senate Bill 135, and that bill was a school finance clean-up bill, requested by the State Board of Education. To my knowledge, know of no opposition. be glad to answer any questions; otherwise, I'd appreciate your support.

PRESIDING OFFICER: (SENATOR MAITLAND) Any discussion? Any discussion? Senator Watson, to close. The question is, shall Senate Bill l59 pass. Those in favor, vote Aye . Those opposed, vote No . The voting ls open. A11 voted Who wish? Have a11 voted who wish? Have a1l voted who Wish? Take the record, Mr. Secretary. On that question, there are 55 Ayes, no Nays, no Members voting Present. Senate Bill 159, having received the required constitutional majority, is declared passed. Messages, Mr. Secretary.

A Message pursuant to Senate Rule 31 -- or 3-l(d). Please be advised that, effective immediatelyy hereby seek to reappoint Senator Robert Raica to the Committee on Public Hea1th and Welfare. Earlier today you received a reslgnation letter from Senator Eawell. Pursuant to Senate Rule 3-5, please arrange to have the necessary concurrence made by the Senate. Signed by Senator Janes ''Pate'' Philip, President of the Senate.

PRESIDING OFFICER: (SENATOR MAITLAND) You -- ycu 've heard the Message, as is there Senate confirmation? Is -- is there Senate concurrence? leave granted? Leave is granted. I'm sorry. Senator Demuzio .

Can you tell us what we 're attempting to do here? Are we on the Order of Conference Committee Reports, or -- where are we? 74  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21: 1993

PRESIDING OFFICER: (SENATOR MAITLAND) Yes. Senator, the -- the -- President has talked to the Minorlty Leader: and it is replacing Senator Raica by -- an -- on the Public Hea1th Committee, Where he had normally -- had originally been. Senator Demuzio .

I don't have any objections to that. It just seems to me that when we do that, we ought to have clearly a signal as to what we are, in fact, doing, and ask leave of the Body to do sor so that everybody knows that welve left the Order of Business that we are on, and that we are on some other -- some other Order. It lessens the confusion here.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio, f -- did announce the chançe and the Order of Messages. The Secretary did read it into the record. We thought there was no problem; that the President had talked with the Mlnority Leader. It was just done as a -- as a -- as a matter of course. Senate Bills 3rd Reading, page 6. Senator Cullerton. Take it out of the record. Senate Bill 196. Senator Weaver. Out of the record. Senate Bill 207. Senator Cullerton. Out of the record. Senate Bill 209. Senator Mccrackenr do you wish this bill returned to 2nd Reading for the purpose of an amendment? Senator Mccracken seeks leave of the Body to return Senate Bill 209 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 209. Mr. Secretaryr are there any Floor amendments approved for eonsideraticn?

Amendment No. by Senator Mccracken.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mccracken.

75  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day Aprll 1993 Thank you. Amendment No . 5 would change the requirement in the case of waiver of notice, to include acts of either parent, as opposed to acts only of both parents. It also rewrites the definition of ''abortion'' to conform with that found tn Supreme Court cases, and... Ohr yes. And deletes the right of intervention in the current bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Discussion? Discussion? Those in favor, say Aye. Those opposedr say Nay. The Ayes have lt. The amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?

No further amendments.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senator Mccracken.

6 was approved for consideration on the Floor in the nost recent Rules meetlng. I'd ask to ca11...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mccracken, I'm sorry. The Secretary doesn't have the Message on that -- on that amendment yet. So we 'll leave it on 3rd and -- and wedll get back to 1t. Okay? Senate Bill 211. Senator O'Ma11ey. Senator, do you wish this bill returned to the - - to 2nd Reading for the purpose of an amendment? Senator O 'Malley seeks leave of the Body to return Senate Bill 211 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 211. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No. offered by Senator O 'Malley.

PRESIDING OFFICER: (SENATOR MAITLAND) 76  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Senator O 'Malley.

Thank you, Mr. -- Mr. Presldent and Members of the Senate. What Amendment 2 to Senate Bill 21l does is adds language Which would permit an appointed board of trustees of a fire protection district to become an elected board by ordinance of the fire district board, or by an ordinance of the appointing authority in this case limited to townshlp boards.

PRESIDING OFFICER: (SENATOR MAITLAND) Any discussion? Any discussion? All those in favor, say Aye. Opposed, Nay. The Ayes have it. And the amendment is adopted . Any further Floor amendments approved for consideration, Mr. Secretary?

No further amendnents reported, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 231. Senator Thomas Dunn. Let's take it out of the record just for a minuter Senator Dunn. I'm sorry. Senate Bill 228. Senator Hasara. Read the billg Mr. Secretary.

Senate Bill 228. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 228 addresses a topic that has been in the news, and is a big topic in a1l of our districts, and that is health care. Health care reform is the word of tbe day. This bill would create demonstration projects for birthing centers in the State of  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21# 1993 Illinois. I Would like to address the two reasons Why I support this bill: one ls access, and the other is cost. First of allr let's look at access. I am the sponsor of this bill because it is a big rural health issuey and I have been involved trying to get better access in the rural areas of our State for quite some time now. I would like to tell a1l of you that in about a third of the counties of Illinois, you cannot have a baby at this particular time. You can be a millionaire, but you must go to St. Louis, to Evansville, Indiana, possibly to Carbondale, to deliver a baby. It is a very, very important issue that I think some people in the northern part of the State do not understand. So access is a big part of this bill: and I believe that Senator Trotter, hopefully, will address the same lssue as it applies in the northern part of the State. The second issue, of course, is cost. It Will be less expensive to have a baby a birthing center. It is not as if we are operating a vacuum on this issue. Over twenty-five states now have birthing centers. There are a hundred and thirty of them in the country. So We do have that experience that we can use and gain by . There has been a task force for a long time working on this issue. Its members include a variety of -- of groups, ranging from the Illinois Primary Health Care Association to the Illinois Farm Bureau . I would also like to point out that, as We do uith many things that are new in the State of Illinois, we have created demonstration projects. So it is not as if we are not going to control how these will be established. We will move slowly and we will move carefullyz and we have carefully thought out where these should go. would be more than happy to answer any questions, but I would just like to say that We can no longer do business as We have in the past. We have very serious health care problems in this State, and we have to find some new, innovative and better solutions to them. I ask for your support of this important bill. 78  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2lr 1993

FRESIDING OFFICER: (SENATOR MAITLAND) Discussion? Senator Trotter.

Thank you very much, Mr. Presldent, Members of the Senate. 1, too, rise in support of thbs leglslation. This is timely legislation. Senator Hasara hit the nail on the head. When you think of health care and you think of health care reform, you really -- you think of really three things, which she mentioned, and that's affordability, accessibility and necessity. And to begin with: Is this a necessary bill? Yes. We know that there 's a problem here in the State of Illinois when welve been designated medically underserved communities. We have them down south. We have them up in the northern area as well. Have we attempted to address this in the past? Many times. the past four years that I've served this -- in this General Assembly, we 've done several things. We've tried to give incentives to doctors, so as they go ahead -- would go ahead and work in the medlcally underserved communities, We Would give them reimbursement on their tuition. That hasn't worked. We have gone as far as as empowering midwives, so they can go ahead and deal with this this horrible, horrendous problem that we have going and dealing with and giving the adequate health care to the mothers of -- of the babies, who 's going to be leading this State into a -- bigger and better things. What are We doing now? We're doing this: We're trying to create this -- these demonstration projects so that those communities that have been underserved in the past, will noW have adequate service for prenatal care, for postnatal care and also -- and also for deliverinq those children. We're looklng at other legislation as well. We 're looking at trying to empower nurse practitioners, which has been shown throughout this country that they're qualified to help and to deliver children and deliver healthy bables into this world. This is legislation that 79  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leçislative Day April 21, 1993 is needed. It Was needed last year; it Was needed the year before that. And we have an opportunity today to pass so we can get up and moving here in our State , and make this the great State that it should be, and I ask for its passage - ask for a favorable roll call.

PRESIDING OPFICER: (SENATOR MAITLAND) Further discussion? Senator Fitzgerald .

Will the sponsor yield for a couple questions, please?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she will yieldr Senator Fitzgerald.

Senator Hasara, -- I agree with a lot of the aims of the bill, but have a few questions. I'n a relatively new father. My first child Was born about eleven months ago, and -- my wife had a very difficult labor. It was about an eighteen-hour labor, but it followed a relatively uncomplicated pregnancy. And was wondering -- the bill starts out saying that a birth center is a place in which births are planned to oceur following a normal: uncomplicated, low-risk pregnancy. Well, my wife had that, but when the actual delivery came, things got pretty tense and -- and it was -- it was -- what do you do in situations like that? And specifically, what quality of care provisions are specifically provided for in the bill, With respect to what kind of stafflng and equipment has to be in these birth centers?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara.

Yes. Senaeor, think you raised some excellent questions. do feel they are addressed ln the bill. Each of the demonstration centers must have an agreement, a written agreenent, with a hospital within a fifteen-minute trip of a birthing center. I 80  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 would also like to point out that there are standards that birthing centers use. Again, because We do have an experience of so many of them already around the country, we know that the standards are beneficial, and again: the most important thing, I think, that you're concerned about is that in the bill each birthing center must have a written agreement with a hospital within fifteen minutes.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fitzgerald.

Well, I understand the part that it has to have an agreement with the hospital or it has to have some connection with the hospital, but are there any staffing requirements? Do these centers have to have -- there doesn 't seem to be anything in the bill that even requires them to have physicians.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara .

A couple of points: believe me, Senator, if in rural Illlnois We could have a physician available to deliver babies in every hospital, we would be thrilled. We have worked for years, tried to give incentives, and there have been some improvements in the availability of physicians. I understand the concern that the Medical Society has, but we keep saying, ''Get us the physicians. We would love to have them .'' But, for reasons which We can understand, many of them don't want to go to these areas and practice. So there will probably not be the number of physicians available twenty-four hours, as you would have in your area, or would have in Springfieldr but believe me, there are standards. standing here With the book, Standards For Freestanding Birth Centers'', and there are standards and requirements for staffing. In -- there will be physicians. Hopefully there will be mid-level 81  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 practitioners that will also be allowed to operate in these birthing centers. So we certainly are sensitive to the requests of the -- cf the Medical Society, but there simply are not physicians to staff hospitals ln rural areas. That's why We need the birthing centers in the first place.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fitzgerald .

Will -- Will the centers be able to perform c-sections, or cesarean deliveries?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara .

Will -- will the centers be able to perform c-sections?

No. That would be done in the hospital.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fitzgerald .

So you'd have to transport them to the hospital?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara.

That's exactly why we have mandated in the bill an agreement With a hospltal within fifteen ninutes.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Lauzen.

Thank you, Mr. President. Will the sponsor yield for a -- a couple of questicns? 82  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21y 1993

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she Will yield, Senator Lauzen.

Is there not an increased danger in these deliveries, as this is structured now? If I'm not mistaken, the percentage of babies that are delivered c-sectlon is some large number. Can you give ne any idea about how many -- or what that percentage is, as far as c-sections, and then the need to transport the mother and baby being born to this facility fifteen minutes away?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara.

Thank you, Senator. Actually, you raised what I believe is a very controversial subject. I cannot honestly remember the exact figure, but do know that Illinois has the highest rate of c-sections, I believe, in the country, and many question, in fact, whether that rate is too high, and too many of them are being performed . And so I think you raise a side issue that I'm very interested in, and that is: Why does Illinois have so many c-sections? wouldy however, like to bring up another point: These birthing centers do not just deliver babies. They will also provide very valuable prenatal care in these communities that do not now have this kind of care. So we Would hope that by receiving better prenatal care, we would reduce the incldence for the need for cesarean, and also reduce the incidence of high-risk pregnancy and delivery by having a birthing center in that area. So the issue you raiser in fact, is very important, I think, in that birthlng centersr hopefully, would help solve that problem.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen.

Thank you, Mr. Chairman. The three -- three then -- three 83  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 questions: Number one, can prenatal care that you speak of be provided without a birthing center? Number two: is there not an increased danger? You know, my -- my point is not what the statistic is in Illinois - that was a questlon - but the point of that question is, is there not an increased danger with that high - - relatively high percentage of c-section births, and then the transfer of the the mother and child being born? And then number threer this is a matter of access for these rural communities, how far into the rural communities can we go if we still have to remain Within fifteen minutes of an existing facility?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara.

Okay. First of all, in many communitiesr and not just rural areas, but I think Senator Trotter would also say that -- that in the inner city, manyr many women are now receiving no prenatal services. They show up at the hospital to have a baby, and they have never seen a physician. So one of the major purposes of this bill is to provide good prenatal service, which is more accessible and more affordable to these women. So We, in fact, again would hope to cut down on the incidence of the need for emergency services in the hospital, and on the incidences of c-section, by being able to provide prenatal care under this blll. Seeondly, very honestlyy the fifteen minutes was a negotiated figure. Thirty minutes would be more helpful in rural areas, because you are correct: It will cut down somewhat upon the availability of some women in rural areas by having the fifteen-minute limit. But you have to remember, many of then are traveling out of State to be able to deliver babies now, and so it still would be more convenient to be able to have a baby closer to home than traveling far away. We believe that the percentage of danger, again with 84  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1993 the availability of prenatal care, would be reduced, if you look at the number of women now who show up to have a baby and have never seen a physician before delivery.

PRESIDING OFFICER: (SENATOR MAITLAND) Furtber discussion? Senator Raica.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. have a few questions of the sponsor before I make a comment, Mr. President, I may.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she Will yield, Senator Raica .

Thank you, Mr. President. Senator, a few of our Members on this side of the Floor have made an issue of the particular part of this legislation that does not say that it has any guidelines that it's going to be using as far as physicians or staffing of this type of facility. My questlon to you is: Do we know, at the present time, whether this type of facility is going to be staffed by physicians, or nursesr or technicians, or midwives? Do you -- can you please answer that?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara.

will try to answer that. Very honestly, -- believe we're hoping to work on the bill in the House to specifically address standards. -- again, I have a book of standards here that are used in most birthing centers across the country. We believe that the birthing centers would be staffed by a11 different levels. Again, if they were all staffed by physicians, we would be delighked, but I -- I have to remind you that in a third of the counties in the State it very, very difficult to find physicians to come into those areas. We do anticipate that 85  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21# 1993 in some of them there will be mid-level practitioners involved in the carey but there would also be physicians.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica.

Thank you, Mr. President. Senator, one other question. Can you tell ne how the patient Would be transported to a hospital from this birthing centerr please?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara.

Senator, it would be up to each specific situation. It would either be by ambulance; in some -- in some cases in birthing centers in other states it isg in fact, by automobile. So there is a variety of ways that it could be handled.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Butler. END OF TAPE TAPE

PRESIDING OFFICER: (SENATOR MAITLAND) Oh, I'm sorry . Senator Raica.

Thank you, Mr. President. I would like to speak to the bill now, Mr. President, if might, and I Would ask the Members to -- to pay attention to what we might be doing here. In a statement that was provided by the Illinois Med Society, if I can -- I know a lot of people have it. It says, ''The American College of 86  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Obstetricians and Gynecologists also oppose freestanding birthing centers, in part, because prenatal screening cannot predict high-risk and potential life-threatening condittons which occur during labor.'' Ladies and Gentlemeny I've delivered a good number of dozens of children since I've been a paramedic.. There is no way no way that prescreening can ever detect an emergency delivery - can ever detect an emergency delivery. The sponsor of this legislationr when I asked the question about staff, and I Was particular attempting to key in on physicians, stated that in some areas, although that would be preferred, there are a lack of physicians, so we might not be able to. Ladies and Gentlemen, about forty minutes ago put through a piece of legislation regarding dental hygienists and how that law specifically said that only two hygienists can be per dentist. We are, if we put this piece of legislation into effectr goinç to attempt to allow because we don't know, because the guidelines aren't in this legislation pcssibly a nurse, possibly a midwife or a technician, to judge the fate of an unborn child or an emergency delivery at this freestanding clinic. Now, close your eyes as you might, and try to picture your wife or relative being taken to one of these facilities, in the best case attempting to possibly save money, but have a child be born. If these rural areas do not and I repeat - do not have physicians: they do not have an ambulance fifteen minutes away. To attempt to get an ambulance to respond to this situatlon, unless there ls one that is standlng by, that mother would most likely be better - if not a1l the time be better - being taken to a hospital. Fifteen minutes in a delivery of a cesarean section or a breech birth is crucial in any case, if not a11 cases. This should not be an attempt by any sponsor to address the problem of a lack of physicians in any community . This is not the answer to a lack of physicians. This may be an answer -- or if I might say, the biggest problem this 87  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 State would ever get into, and that's of the child mortallty rate in tbis State, whlch would rise in thls particular situation. C-sections, by admission of the sponsor, are one of the largest in the State of Illinois. But what is an emergency? Who are we to second-guess the physician that we pay for When our wives deliver a chtld and follow that case from conception to delivery? as a legislatorr do not want to second-guess our physicians at this point in time. This probably one of the most crucial pieces of legislation that are going to affect, hopefully, our family members or unborn child. This is not the way to go. If you're going to travel fifteen minutes, can you sit here and say youdre going to be -- put your wife or your daughter or your your relative in a car to be transported fifteen minutes in an emergency situation? dare say, thls is the Wrong step for this Body to take, and I ask for a No vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Butler.

Thank you. Will the Senator yieldr please?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she will yield, Senator Butler.

Senator, I -- you may have -- excuse me. You may have answered this and I nissed but my question is that if a hospital must be fifteen minutes away, or even thirty as you would have preferred, why do you need a birthing center when the hospital is -- a hospital is that near? There are portions in Chicago you couldn't get to a hospital ln fifteen minutes or thirty minutes. So I'm a little confused as to the necessity of this.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hasara. 88  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY (1 REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 2l, 1993

Senator, right now , again, in over thirty counties of the State, you cannot have a baby now. The hospitals are not delivering babies - for a number of reasons. Soy birthing centers would be another option that many women do not have now. They can't go to the hospital and have a baby. Under this bill, there will be an aqreement with a hospital that is fifteen minutes away, in case of an emergency where you would need surgery.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Woodyard.

Well, thank you, Mr. President and and Menbers of the Senate. I rise in support of this bill. I happen to live in a county of -- the entire county is less than twenty thousand people. The ccunty seat of that county is Paris, Illinols; has a hospital in it and a very nice facility, less than twenty years old . That hospltal hadn't delivered a baby in seven years. Why? Because we don't have any OB/GYNS down there, and unless it is an emergency situation, they just absolutely will not deliver babies. The bables that are delivered in Paris, Illinois, are delivered at Danville, which is forty-five minutes away; at Charleston, which is forty-five to fifty minutes away; or Terre Haute at Terre Haute Union Hospital, which again is forty-five to fifty mlnutes away. And by the way: I might add, that our Medicaid patients that go to the Terre Haute hospitals -- the Indiana doctors love our Illinois Medicaid money over there, 1'11 tell you that. But the example think many of you are concerned about is this contract with a hospltal within fifteen minutes of the birthing center. Well, the Paris hospital would be within fifteen minutes of -- of a birthing center, and in the case of an emergency, that person certainly could go -- go there with the doctor on call the physician on call - at that at that hospital. But the other part of the 89  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 bill that -- that certainly is very important to us, many -- many of our, particularly young people, and -- and ln my hone county wedve seen teen pregnanctes and teen deliveries double in three years. Most of those young people have no prenatal Whatsoever - whatsoever. They show up at an emerçency room in one of those three citles I -- I mentioned, and -- and the baby is delivered. And so I think as much -- an important part of this bill as anything else, at least those people would have -- have an opportunity for prenatal. -- it's not a panacea. think Senator Hasara knows that; that maybe it's not the perfect solution, but for we downstaters in very rural areasy with long distances between health care facilitles, it's at least giving us an opportunity for better care for a lot of our patients.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Trotter.

Yes, I apologize to the Body for rising twice in debate. However, I just want to reiterate some of the the facts here that we have. Prenatal care is required by this bill. This isn 't something that we just said We should do or We would like to do; it's required by this bill. And in that prenatal care, ln most instances, what you 're going to find, youdre going to find out there is going to be any complications, in most instances. There are complications; there's complications in anything that we do in this life, and especially when you're talking about in the medical field. There are going to be compllcations and they can 't always be foreseen, but its required and those complicated -- points will be seen. It's -- also in this bill -- required ln this bill that the birthing center shall maintain the ability to transport a patient with complications to another hospital. It's required that there's an ambulance there. So you don't have to dump your -- your wife into a car and take her someplace or to a van or call a 90  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 neighbor. It's required that there would be services available for them . It's also -- in this legislation, it's saying that it's required that this birthing center participate in ehe Illinois Perinatal Systemr Which is governed by standards by the Department of Public Health. This is also -- b11l is also required by Federal Government to have certain standards and requirements. So there are things in this bill that's Written in to ensure that you 're going to get quality health care and quallty services for that pregnant woman and her -- her baby. There -- this is a good bill. It's a necessary bill, and ik's a long-overdue bill. And al1 of this waving of the red flag that -- what are we going to do -- if necessary, in some instances, there might be a helicopter available has to go for emergency services, buk the thing is, we're not taking care cf our chlldren rlght now. Illinois has one of the highest rates of infant mortality, and that's because We do not have places in which we ean treat our children; we do not have services where We can -- Wcmen can learn about parenting , where women can learn about how to feed their ehildren. We do not have that. This bill addresses some of those problems. It is not the full answer, but we have to start somewhere, and this is a great start, and I ask al1 for an Aye vote. PRESIDING OFFICER) (SENATOR MAITLAND) Senator Hasara, to close.

Thank you, Mr. President. Youdve heard many viewpoints on this bill, and I hope that we dve been able to answer many of your questions. Let me address just a couple of things. One of the opponents said, 'IListen to what we might be doing under this bil1.'' Seems to me, We always take a bill and look at the very Worst thin: that could happenr without looking at the good that it does. Let me tell you what I know Will happen under this bill, because, againr we have a hundred and thirty models to use. It 91  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 21, 1993 isn't as if this ls something new and we have no experience to go by. swear to you that in states that have birthing centers, the incldence of infant mortality has dropped. That is already a fact. So I can tell you What this bill does ls to reduce infant mortality; it has been proven. It also has been proven that it will lower the incidence of low-birth-weight babies, Which is a problem in many areas, and I think Senator Woodyard definitely pointed out a specific incidence in his county where a woman cannot deliver a baby in his county. So we -- that is What We do know it will do. I am the first to admit this is not the answer to a11 our problems of health care. But it is giving people an option. No one is saying you have to go to a birthing center to have a baby. It gives another choice to a family, a less expenslve, more available choice that has been proven in twenty-seven other states to work well. It is not as if We're going to go ouE and create a birthing center within fifteen minutes of every hospital. I think wise policy in the State of Illinois to create demcnstration projectse and that's What We are going to do. We will move very slowly and very carefully. So again, I ask you to give women another option. No one's forcing them to do this, bu* personally, I'd like to see some of the Women who are noW getting no prenatal care, and who are havinq babies at home, look at using birthing centers as an option to have a baby delivered and definitely as a means to get prenatal care which has been proven to lower the incidence of infant mortality and low-birth-weight babies. I ask you to please help some of us who have severe problems, particularly in rural areas and in the inner city. Please vote Yes on this bill.

PRESIDING OFFICER: (SENATOR MAITLAND) The question shall Senate Bill 228 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have a11 voted who 92  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslatlve Day April 21: 1993 wish? Have all voted who wlsh? Take the record, Mr. Secretary. On that question, there are 27 Ayes, 23 Nays# 6 Members voting Present. Senate Bill 228, having not received the required constitutional majority, is declared passed. Senator Hasara, for What purpose do you arise? Declared lost, I apologize. Senator Hasara, for what purpose do you arise?

Yes, Mr. President, would request Postponed Consideration.

PRESIDING OFFICER: (SENATOR MAITLAND) Postponed Consideration.

Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Geo-Karis, for what purpose do you arise?

Mr. President, a point of personal privilege.

PRESIDING OFFICER: (SENATOR MAITLAND) State your point.

In the audience upstairs behind the Presidentr is the Reverend Rocky Seffinga and the children of his parish from the concerned - - the Zion Christian School from Zion. Would you help me welcome them here?

PRESIDING OFFICER: (SENATOR MAITLAND) Would our çuests tn the galley please be -- rise? Welcome to Springfield. Senator Donahue, for what purpose do you arise?

For a point of announcementy please.

PRESIDING OFFICER: (SENATOR MAITLAND) State your point.

That the Senate Appropriations Committee will meet at 1:15, 93  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 knowing that we have other committees meeting prior to that, but - - you are on Appropriatlons and you have to be at another committeer please get to Approps as soon as possible, at 1:15.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Topinka, for what purpose do you arise?

Yes, Mr. President, to the menbers of the Public Hea1th and Welfare Commlttee, we will be meeting right after Session wieh a five-minute little pre-meetin: for our Members, the Republiean side, Democrats if you wish to do that as well, but we're going to be meetlng over in the -- in A-l immediately after Session.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Senator Madigan, for What purpose do you arise?

Thank you, Mr. President, for purpose of an announcement that the Insurance, Pensions and Licensed Activities Committee wlll meet immediately upon recess.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you. Senator Earpielw for what purpose do you arise?

Thank you thank -- thank you, Mr. Presldent. Just to announce that the Executive Committee will meet Room 212 immediately upon adjournment.

PRESIDING OFFICER: (SENATOR MAITLAND) A1l right: thank you very much. The Senate stands in recess until the hour of 2:30. (SENATE STANDS IN RECESS) (SENATE RECONVENES) 94  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislattve Day April 21r 1993

PRESIDING OFFICER: (SENATOR WEAVER) Committee Reports.

Senator Karpiel, Chair of the Committee on Executive, reports Amendment No. 3 to Senate Bill 57 <sic> (577) Be Adopted, Amendment 4 to Senate Bill 625 Be Adopted, Amendment 5 to Senate Bill 625 Be Adopted, Amendment 3 to Senate Bill 718 Be Adopted, Amendment 3 to Senate Bill 899 Be Adopted, Amendment 2 to Senate Bill 900 Be Adopted, and Amendment to Senate Bill 937 Be Adopted. Senator Madigan, Chair of the Committee on Insurance, Pensions and Licensed Activities, reports Amendment No. 1 to Senate Bill 207 Be Adopted, Amendment 2 to Senate Bill 207 Be Adopted, Amendment 3 to Senate Bill 533 Be Adopted, Amendment l to Senate Bill 603 Be Adoptedg and Amendment 3 to Senate Bill 680 Be Adopted. Senator Topinkar Chair of the Committee on Public Hea1th and Welfare, reports Amendment 3 to Senate Bill 66 Be Adopted, Amendment l to Senate Bill 275 Be Adopted, Amendment 3 to Senate Bill 967 Be Adopted ; Amendment 2 to Senate Bill 570 Tabled by Committee, and Amendment No. to Senate Bill 570 Tabled by Committee. Senator Watson, Chair of the Committee on Education, reports Amendment No. 2 to Senate Bill 87 Be Adopted, Amendment to Senate Bill 730 Be Adopted, Amendment 2 to Senate Bill 928 Be Adopted: Amendment 3 to Senate Bill 950 Be Adopted . Senator Hawkinson, Chair of the Committee on Judiciary, reports Amendment 4 to Senate Bill 183 Be Adopted, Amendment 4 to Senate Bill 231 Be Adcpted, Amendment 4 to Senate Bill 477 Be Adopted, Amendment to Senate Bill 779 Be Adopted; Amendment No . 2 to Senate Bill 246 Be Approved for Consideration.

PRESIDING OFFICER: (SENATOR WEAVER) 95  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Messages from the House.

Message fron the House by Mr. Rossi, Clerk. Mr. President - am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in tbe passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bills 152, 256, 383, 575, 1464, 1623, 1970, 2057, 2194 and 2242. Passed the House, April 2lr 1993. We have a like Message on House Bills 187, 296, 436, 480, 580 <sic> (581), 690, 1259, 1341, 1965 and 2183. Also passed the House, April 21st, 1993. From Anthony D. Rossi, Clerk of the House.

PRESIDING OFFICER: (SENATOR WEAVER) Resolutions.

Senate Resolution 282, offered by Senator Cullerton. And Resolution Senate Resolution 283, offered by Senator Peterson. They're both congratulatory, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) Consent Calendar. House Bills 1st Reading.

House Bill 69, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 161, by Senator Cullerton. (Secretary reads title of b111) Senator Berman presents House Bill 293. (Secretary reads title of bill) Senator Molaro presents House Bill 469. (Secretary reads title of bill) 96  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 Senator Berman offers House Bill 579. (Secretary reads title of bill) House Bill 672, by Senator Fawell. (Secretary reads title of bl11) House Bill 689, Senator Demuzio. (Secretary reads title of bill) Senator Hendon offers House Bill 691. (Secretary reads title of bill) House Bill 895, by Senator Hendon. (Secretary reads title of bill) House Bill 961 is offered by Senators Smith, Vadalabene and others. (Seeretary reads title of bill) House Bill 979 is presented by Senator O 'Malley. (Secretary reads title of bill) Senator Fawell offers House Bill 1224. (Secretary reads title of bill) House Bill 1325: by Senator DeLeo. (Secretary reads title of bill) Senator Berman offers House Bill 1356. (Secretary reads title of bill) House Bi1l 1476, presented by Senator Hawkinson. (Secretary reads title of bill) House Bill 1539, by Senators Hasara and Cullerton. (Secretary reads title of bill) Senator Lapaille offers House Bill 1570. (Secretary reads title of bill) House Bill 1652, Senator Berman. (Secretary reads title of bill) House Bill 1729 is offered by Senator DeAngelis. (Secretary reads title of bill) House Bill 1809, offered by Senators Philip and Madigan. 97  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 2l, 1993 (Secretary reads title of bill) House Bill 1855, Senator Hendon. (Secretary reads title of bill) And House Bill 2173 is offered by Senator Fawell. (Secretary reads title of bill) lst Reading of the bills.

PRESIDING OFFICER: (SENATOR WEAVER) We're ready to get started. The first sponsors on the Order of 3rd Reading are Thomas Dunn, Madigan, Hasara, Madigan, Mahar, Lapaille. Is Senator Thomas Dunn on the Floor? Senator Dunn, do you wish to call 2317 Do you wish to bring 231 back to the Order of 2nd Reading for the purpose of an amendment? Senator Dunn seeks leave of the Body to return Senate Bill 231 to the Order of 2nd Readlng for the purpose of an amendment. Is there leave? Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 231. Mr. -- Secretary, are there any Floor amendments approved for consideration?

Amendment No. 4 is offered by Senator Tom Dunn.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn, to explain Amendment No. 4.

Thank you very much, Mr. President. This amendment was adopted in the Judiciary Committee 8 to 2 earlier todayr and in essence, it does not change the substance of the bill, but in fact, makes it a better bill. This is the Neighborhood Drug Solicitation Act. There were no fundamental changes in the bill, but the amendment, as T saidg made it a better blll.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator Dunn moves that -- Floor Amendment No. 4 to Senate Bill 231 be adopted . All in favor, signify by saying Aye. Opposed, Nay . Amendment's adopted. Are 98  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 there further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 252. Senator Madigan. Read the bill, Mr. Secretary.

Senate Bill 252. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

Thank you, Mr. President. Senate Bill 252 renews the Private Detective, Private Alarm, and Private Security Act, Which expires this year. Institutes several snall changes in the -- in that Act, all of which are agreed upon by those affected parties, and would be glad to answer any questions; there being none, would ask for its -- passage.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not -- this bill preempts home rule power pursuant to subsection (h) of Section 6, Article VII of the Illinois Constitution, and under that constitutional provision will require thlrty votes for passage. I Would note that -- the Membership that this bill calls for the exclusive exercise of specified powers by the State, and for that reason, falls under subsection 8 <sic> (h). The question is# shall Senate Bill 252 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who Wish? Take take the record. On that question: the Ayes are 55, the Nays are none, none voting Present. Senate Bill 252, having received the constitutional majority, is declared passed. 258. Senator 99 F STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Hasara. Read the billy Mr. Secretary. SECRETARY HARRY: Senate Bill 258. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara. SENATOR HASARA: Thank you, Mr. President. Senate Bil1 258 establishes a clear statutory preference for DNA testing . DNA testing is definitely the most scientifically reliable type of paternity testing, and we feel that this would speed up, hopefully, the collection of child support frcm fathers of children. It should save the State money; even *he testing is less in cost. So I would ask for a favorable roll call. PRESIDING OFFICER: (SENATOR WEAVER) Is there a dlscussion? Senator Trotter. SENATOR TROTTER: Thank you very much, Mr. President. Will the speaker yield? PRESIDING OFFICER: (SENATOR WEAVER) She indicates she will, Senator. SENATOR TROTTER: Yes. Who -- Senator Hasara, Who does the testing? Is it a -- any place... PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara, please. SENATOR HASARA : Senator, test -- testing is done at labs around the State. It's done noW there. PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter. SENATOR TROTTER: 100  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Okay, there's no special training that someone should have to havey like a DNA expert, or -- that they would...

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.

Yes, Senator, there is a provision in the Statute for an expert to -- to perform this test. It's now performed in many cases in Illinois, so it Would not require any new people to do thls testing.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter.

Yes. I voted for thls bl1l ln committee and I believe it's a good bill. believe that anything that's -- that we're going to go ahead and now deternine parentage so we will get child support payments that we know are really behind here in our State is -- is a good effort, and I applaud you for your effort in presenting this bill. And I ask everyone to vote Aye on our side as Well.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If notr the question isr shall Senate Bill 258 pass. Those ln favor will vote Aye. Those opposedz vote Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 57r the Nays are none, ncne voting Present. Senate Bill 258, having received the constitutional majorityy is declared passed. 262. Senator Madlgan. Read the bill, Madam Secretary.

Senate 9ill 262. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan. l0l  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

Thank you, President. Senate Bill 262, as amended, contains, first of ally in the original bill, numerous housekeeping changes to the Insurance Code, as suggested by the Department of Insurance, which are deemed to be necessary for compliance with the NAIC. Senate Amendment No. that was adopted required that partlcipants under the CHIP program be United States citizens or resident aliens. Additionally, the amendment extended the sunset on certain articles of the Insurance Code for three years. Senate Amendment No. 3 was technical. Senate Amendment No. 4 represented an agreement between the limited health service organizations and the HMOs regarding the statutory deposits With the Director. And Senate Amendment No. 5 that was adopted addressed concerns that personal information submitted to the Director shall remain confidential. I Would be glad to answer any questions regarding Senate Bill 262, as amended.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.

Yes. Thank your Mr. President: Members of the Senate. would just indicate that there's -- I don't really have opposition to this bill; however, it does do one thing, and had suggested in an amendment that we debated in committee that failed, that we take one different approach to one portion of this bill and that is the sunset of the Insurance Code. Now What this bill does is to extend that sunset for three yearsr from the end of this year to the end of 1996. We on the Democratic side thought that it would make much more sense to extend this sunset only until September 31st of this year and hold public hearings; require the Director of Insurance to hold public hearings and make any recommended changes to the -- the Act. The best time to review a Statute is to do it when their sunset is up. That's why We have l02  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 sunsets. And that -- unfortunately, that amendment was defeated - - in committee, and I -- I thlnk, as a result, this bill could have been improved dramatically. So, just wanted to indicate that for -- for the record, and -- and I would suggest that if this bill doesn't pass in the House, .that maybe we'd consider this and revisit this suggested amendment again. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further -- discussion? Senator Madigan may close .

Thank you, Mr. President. I would ask for a favorable roll call on Senate Bill 262, as amended.

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 262 pass. Those ln favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted who Wish? Take the record, Madam Secretary. On that question, there are 49 Ayes, no Nays, 7 voting Present. Senate Bill -- 262: having received the constltutional majority, is declared passed. Senator 275. Senator Mahar. Read the bill, Madam Secretary. Do you Wish Senate Bill 275 returned to the Order of 2nd Reading for the purpose of amendment? Senator Mahar seeks leave of the Body to return Senate Bill 275 to the Order of 2nd Reading for the purpose of an amendment. Is there leave? Hearing no objections, leave is granted. Madam Secretary, are -- have there been Ploor amendments filed for consideration?

Floor Amendment No. offered by Senator Mahar.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar, on Floor Amendment No.

Thank you, Mr. President. Senate Bill 275 allows the Department of of Mental Health to use up to tWo percent of the l03  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 21y 1993 funds appropriated to them for the operation of State facilities as they were funds which were appropriated for communlty services and programs. The purpose of this provision is to assist with the transfer of people who reside in State-operated facilities to community-based .settings. The purpose of the amendment, as a condition of using the two-percent transfer, is that DMH staff to ratlo -- staff to patient ratio must be at least equal to the national average for facilities which serve a similar population, and I Would move adoption of Floor Amendment No . 1 to Senate B11l 275.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, a11 in favor, signify by saying Aye. Opposed, Nay. Amendment No. l to Senate Bill 275 is adopted . Are there further amendments?

No further amendmentse Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senate -- Senate Bill -- 292. Senator Lapaille. For what purpose does Senator Severns arise?

Thank you -- thank yau, Mr. President. I rise on a point of personal privilege.

PRESIDING OFFICER: (SENATOR WEAVER) State your point.

It's my honor to have with us in the Senate today, as a Page, Joshua Sloan and his proud parents and younger brother joined us in the President's Galley -- Gallery. Rick and Jackie Sloan with their son, Rogan, so I Would like us to welcome the Sloan family today.

PRESIDING OFFICER: (SENATOR WEAVER) Wl11 our guests please rise and be welcomed by the Senate. Is l04  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1993 Senator Lapaille on the floor? Senator de1 Valle. On -- read the bill. 310, Madam Secretary.

Senate Bill 310. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator del Valle. SENATOR del VALLE: Thank you, Mr. Presldent. Senate Bill 3l0 establishes new fee caps for appointed counsel other than Public Defenders, and that's a1l it does. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 310 pass. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who Wish? Have a11 voted who wish? Take the record. 0n that question, there are 46 Ayes, 6 Nays, 1 voting Present. Senate Bill 310, having received the constitutional majority, is declared passed. Senator Fitzgerald. 340? Out of the record. 341? Out of the record. Senator Karpiel, on 376. Out of the record. Senator DeAngelis. Senator DeAngelis. Senator DeAngelisy do you wish to call 3847 Do you wish to bring 384 back to the Order of 2nd Reading for the purpose of an amendment? Senator DeAngelis seeks leave of the Body to return 384 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objections, leave is granted. On the Order of 2nd Reading is Senate Bill 384. Are there any Floor amendments approved for consideration, Madam Secretary?

Floor Amendment No . 2, offered by Senator Lauzen.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen, on Senate Amendment No. 2 to Senate Bill 384. 105  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

This amendment changes the -- the definition in this assessment to gross income rather than net income, including finance charges.

PRESIDING OFFICER: (SENATOR WEAVER) Is there any dlscussion? If not, Senator Lauzen moves the adoption of Floor Amendment No. 2 to Senate Bill 384. Is there discussion? A1l in favor, signify by saying Aye. Opposedr Nay. The motion carried. Senate amendment -- Floor Amendment No. 2 to Senate Bill 384 is adopted. Are there further amendments?

No further amendmentsr Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator DeAngelis, on 387. Out of the record . Senator Garcia, on 435. Senator Garcia, on -- 435. Read the bill, Madam Secretary.

Senate Bill 435. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OEFICER: (SENATOR WEAVER) Senator Garcia .

Thank you, Mr. President. Senate Bill 435, as amendedy creates the Language Assistance Services Act. It authorizes hospitals and nursing homes to adopt policies for providlng language asslstance servlces for limited-English-speaking, non-English-speaking and deaf persons. Thls bill, as amended, Mr. President and Members of the Senate, came out of the Committee on Health. It essentially seeks to establish effective communication between patients who go to or are admitted to a hospital or who reside in a nursing home. The -- bill -- it does the following, l06  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 essentially: It authorizes hospitals and nursing homes to conslder reviewing and revising their existing policies, procedures and guidellnes regarding language assistance for basic health care services as the need arises. seeks to develop community contact groups which w111 enable the facility and the limited-English-speaking: non-English-speaking and deaf communities to adequately oversee the interpreter releases. There were no groups opposed to this bill in committeer Mr. President and fellow Members, and I ask for your favorable consideration.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Syverson. We're getting awfully noisy this afternoon. Let's be in our seats, and those not entitled to the Floor will retire to the galleries. Senator Syverson.

Thank you. the sponsor would yield .

PRESIDING OFFICER: (SENATOR WEAVER) He lndicates he will yield.

A couple of questions. First, if this bill is only permissive, why -- why do we need to have a -- a 1aw for it?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia.

Thank you, Senator Syverson. I'm glad that youdve ralsed that question. What we want to show, and the intent of this bill, Senator, is to demonstrate that the Legislature in the State of Illinois recognizes the diversity of the State, and wants to provide a clear direction for hospitals, for nursing homes, for those agencies and institutions that are in the business of caring for people - particularly With essential, basic health services and provide them a good way to do it. This bill is essentially a l07  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 blueprint Which provides hospitals and nursing homes with some very specific and concrete ways that they can develop to ensure that they can deal with patients who have different language needs, Who need assistance because they are deaf, and to ensure that no hospital.is caught off guard because a patient is brought into a trauma unit - someone who needs a service. They will have a plan in effect for contacting someone who can ensure effective communication.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

Follow-up thank you . I think I heard a little bit of that. Again, think it it comes back to the point, I'm not sure, hospitals are currenely doing this under from a liabiliey standpoint. And just from a publicity standpoint, I don't -- the hospitals that know of are certainly doing this. Doesn't this put them -- wedre really concerned about this, then shouldn't be permissive; it should be mandatory that we have this in. Is there...tmicrophone cutoffl...l guess we didn't make it mandatory.

PRESIDING OFFTCER: (SENATOR WEAVER) Senator Garcia.

is not mandatory, Senator Syverson, because we didn't want to impose an unfunded mandate upon hospitals or nursing homes. We come in good faith, saying these are some very good guidelines for you to adopt. Recognizing the difficult situation that many hospitals and nursing homes are in right now, we wanted to be sensitive, realistic and prudent in today 's fiscal environment, but we did want to go on record, as a General Assembly and as a State Senater saying we recognize that there are these needs and here are some concrete ways that you can ensure that you are 108  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2lr 1993 actually caring for people.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

Agaln, thank you. Just a couple more follow-up questions. One is, where does the Hospital Association stand on this? And second, I have a little bit of problem in the wording on here. A couple times there are sentences that use the word -- that health care is a ''right'' and it's a ''riîht of every resident'' and can this be mistrued Ksic> as a mandate for universal or soclalized State medicine?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia .

I -- there is no intent: Senator Syversony on our part: to make this in any way a part of any universal health care. I want to be very straight up front With you and stralghtforward . That is not the intent of the bill. As a matter of fact, because we didn't want to get into any unfunded mandates, We have made this legislation permissive because we want to be sensitive to hospitals and institutions who don 't have all the money in the world to exist or to provide services.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

... tmicrophone cutoffl...the last time. Again, I appreciate your answers. I guess I see this bill as redundant, and there's some wording in here that feel a little uncomfortable wlth. thlnk your ultimate goal is -- is good, and I certainly think every hospital ought to be doing this and most are. But I think because of some of the wordings and concerns that have, think we should vote No on 435, and maybe bring it back in a little l09  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 different form later. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

Mr. -- Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 435, When it came to our Senate Public Hea1th Committeer was indeed mandatoryr and it had some awfully strong verbiage. was the willr especially of the Republican Members of that committeey to turn into what you now see and makes it permissive. And think it addresses a large need that we have, especially in metropolitan areas, uhich are havens for various ethnics -- groups which come, immigrants who come to the United States, while they are learning English, they -- they still -- or when they are -- they are still speaking their native tongue or under the exigencies of being ill or in the emergency room or wherever they wind upr they revert back to their native language. It gives a percentage. It -- it basically directs the attention by virtue of percentages to those hospitals that would be serving that type of a population. However you may feel about people speaking English or not in the United States: the point is is that metropolitan areas there are numerous people who do not, and they get sick too, and they get seriously sick. Hospitals to date and -- and a number of them have done some really wonderful voluntary programs, accessin: programs that -- Ameritech has in terms of translators; many of their doctors are bi or polylingual, nurses, nurses ' aides, other personnel in the hospital, but it's still not like having translations that can get at specific illnesses. At the time we discussed this in the -- in the committee, the Illinois Hospital -- Association had absolutely no position. They did not testify; they did not bother with this bill, and as usual, came in Johnny-come-lately, When finally they decided, for whatever their esoteric reasons are, that this bill 110  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1993 Was no good. And frankly, I don't like working that way because We a11 know what the schedule is. I went on as a joint sponsor because think Senator Garcia did What he could to -- to touch base with the eommittee and assuage our problems and our concerns, and .has put together a very fine bill, and would encourage suppcrt for it.

PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. can't say it any better than Senator Topinka just did. think her -- her statement, her analysis is right on target. I rise in strong support of this bill. It is a permissive piece of legislation, but it's a permissive piece of legislation that encourages health care provlders, primarily hospitals, to make sure that theydre communicating communicating with patients. What is more important than communicating when webre talking about energency rooms and when we 're talking about people 's lives? I urge an Aye vote for this bill.

PRESIDING OFEICER: (SENATOR WEAVER) Senator Palmer.

Thank you, Mr. President. too, rise in strong support of thts bill, and I am amazed that it would elicit such discussion. Thts is a bill, very simply, ask hospitals to provide communication with the patients. Those are the people Whom they serve, every day, at a time - in a hospital - when people are most vulnerable. I think this bill is useful if we look at it that way, as an assistance to the medical staff, particularly in an emerçency situation when they do not and should not have to take time to figure out how to talk to the patients whose lives they dre trying to save. suggest that we vote for this and no* have to 111  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 spend any more time on a day that's going to be very busy as it is. PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith. . SENATOR SMITH: Thank you, Mr. President, Ladies and Gentlemen of the Senate. too, rise in strong support of this legislation. I just have a new districtr and have a1l types of naticnalitles that represent. And when a person is sick and has to go to the hospital, he doesn't think in terms of having an interpreter with him. A11 he knows is that he's hurting and he wants relief, and this is what welre working for. I understand that the Federal Government, through our State and federal laws, require courts, schoolsg polling places to use interpreters and translate materials. Illinois clinics and hospitals are not required to provide interpreters; howeverr the American Hospital Association and the American Medical Assoclatlon recommend hospitals to provide translators, et cetera, and I'm hoping that they Will do that in time, but for now, we -- 1et us -- I say support this legislation so that these pecple who do have to come to the hospital can be relieved by the personnel that's there. Thank you very much. PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia, to close. SENATOR GARCIA: Thank you, Mr. President. In closing, just want to again reiterate the importance of thls bill for many people in the State of Illinois. think that it's quite clear that the State of Illinois has a very global quality about in enacting this legislationr cosponsored by my colleague to the West of my districty Senator Topinka, we will ensure that Polish- and Russian- and Arablc- and Chinese- and Japanese- and l12  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 Spanish-speaking individuals in the Land of Lincoln will communicate effectlvely and receive the best possible health care. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 435 pass. Those in favor will vote Aye. Those opposed, vote Nay. The votlng is open. Have all voted who Wish? Have al1 voted who wish? Take the record. On that question, there are 39 Ayes, 12 Nays, 1 voting Present. Senate Bill 435, having received a constitutional najority, is declared passed. Senator Watson, for what purpose do you arise?

Yes. A point of personal privilege.

PRESIDING OFFICER: (SENATOR WEAVER) Wedre awfully noisy today. Senator Watson.

Yes: thank you. I just wanted to make an announcement that the Education Committee which was scheduled to neet at 6 o 'clock has been canceled and will not be meeting this week at all. The Education Committee which was scheduled to meet at 6 o 'clock will not meet this evening. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.

Thank you, Mr. President. For similar purposey the Judiciary Committee, which was scheduled to meet this evenlng at 7 p .m. will be canceled and not meet.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Demuzio, on Senate Bill 437. Do you Wish it called? Out of the record . 442, Senator Cullerton? Read the bill, Madam Secretary.

1l3  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Senate Bill 442. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.

Thank your Mr. President, Members of the Senate. This bill had been -- we started to debate this bill a few days ago and Senator Stern had a question, and I took the bill out of the record in order to answer her question. She thought, and our analysis indicated, that we were changing the amount of time that we gave tenants notice that the buildlng was going to be converted to condominiums. It turned out that -- and the -- the thcught was, at the time, that we were changing from a hundred and twenty days to thirty days. Well, turns out that that change, from a hundred and twenty days to thirty days, is the time given to record the declaration of condominiums. And the commlttee members of the Chicago Bar Association believe that, in practicer this hundred-and-twenty-day period was was of no practical benefit to tenants then, -- in fact, has been injurious to tenants who wish to purchase, because mortgage banks will not and -- and cannot guarantee or lock in a possible presently existing favorable interest rate for any extended period of time. So this is somethlng which was actually viewed as a tenant's benefit. We did explain that to Senator Stern, and I believe she understands. You may recall that we did start to debate, or I at least started to explain the rest of the bill. It's a bill that's the product of the condominium law subcommittee of the Chicago Bar Association - - of the Chicago and the Illinois State Condominium Illinois State Bar Association. It makes a number of technical corrections. One of those that's perhaps not technical, but important, is that there are problems that exist under the present 114  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 sections governing adoption of the annual budget and separate assessments. And this -- bill proposes a compromise in balancing the rights of unit owners and duties of the board and the public interest. so, be happy to answer any questions. I believe we 've answered those that were raised before, and I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, the question is, shall Senate Bill 442 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting open. Have al1 voted who Wish? Have a11 voted who wish? Take the record. 0n that question, there are 53 Ayes, no Nays, none voting Present. Senate Bill 442, having received the constitutional majority, is declared passed. Senator Cronin, on -- out of the record . Senator Mccracken on -- you wish Senate Bill -- out of the record. Senator Mccracken seeks leave of the Body to return Senate Bill...tmachine cutoffl... Senate Bill 468 <sic> (486). Senator Mccracken. Read the bill, Madam Secretary.

Senate Bi11 486. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.

Thank you, Mr. President. Senate Bill 486 contains two provisions regarding administration of trusts. The first provision would allow a trustee and a11 beneficiaries, where all primary beneficiaries are adults and not incapacitated: to agree on a construction given to the meaning of a trust document without having to go to court seeking a -- a -- a construction holding from a court of law. This can only be done where a11 the beneficiarles agree on the constructionr a11 -- all the primary 115  STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 beneflciaries are adults and not incapacitated. It passed out of the Judiciary Committee on an agreed roll call. The second portion of thls bill Would allow trustees, for the purposes of consideration of generation-skipping trust tax, to create two -- two trusts, that is to split a trust into two trusts. This is necessary because, although people do plan to minlmize generation-skipping taxes their trust plans, the area is so complex that oftentimes nobody knows how it's going to be eonstrued. In order to minimize the tax as intended by the maker of the trust, the trustees are seeking authority where it is agreed upon by all beneficlaries to create the two trusts. This is legislation that has been adopted in other states, and others, in fact, are in process of doing the same. move its passage. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Trotter. SENATOR TROTTER: Thank you very much, Mr. President. Will the sponsor yield? PRESIDING OFFICER: (SENATOR WEAVER) He indicates he'll yield . SENATOR TROTTER: Yes. Senator Mccracken, in this -- says that the trust shall be final and binding, and if ordered by the court. Can you give me some clarity on that binding? Can they do that? PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken. SENATOR MCCRACKEN : In cases of legittmate ambiguity, the laW is so arcane that right now the trustee required to go to court to get a construction of the neaning of the document. This will obviate the need to go to court in cases where there's a legitimate ambiguity under the conditions specified here. PRESIDING OFFICER: (SENATOR WEAVER) l16 k  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 2l, 1993 Any further discussion? If not, the question is, shall Senate Bill 486 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 56 Ayesr Nay, none voting Present. Senate Bill 486, having received the constitutional majority, is declared passed. Senate Bill 405, Madam Secretary . 504, excuse me.

Senate Bill 504. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

Yes, thank you. Amendment No. to Senate Bill 504 actually becomes the bill. This the statewide alternative teacher certification program . And we've established a program similar to the way Glenview and Chicago has right now. We're creating this statewide. It's been successful in those areas, and we think that this is somethlng we 'd llke to see done a11 over. The amendment requires that the candidates for the Illinois Teacher Corps program -- to earn a resident teacher certificate - already provided for in Section 21-11.3 of the School Code to earn a certificate, the candidate must have a bachelor's degree with a grade point average of 3.0 out of 4, five years of professional experience, successfully passed the certification testsr enrolled in an approved master's program, and completed a six-week summer training course. School districts that would wish to participate must -- school districts with which -- which want to participate in the Teacher Corps must have a negotiated salary and benefit packagey a mentor teacher, quarterly evaluations, and a written document outlining district supports for the teacher. The l17  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21y 1993 master's degree program requirement must have -- be no longer than tbree summers and two academic years to complete, and make the participant a fully certified teacher upon completion. The State Board of Education supported this legislation committee, along with the Lieutenant Governor's Officer and I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discusslon? Senator Demuzio.

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This started out as a great bill. It has been amended now to the point where it really doesn't -- really doesn't mattery so I would just urge Members to vote for 1t. This is part of the Governor's program , and guess itfll give hin something to talk about in the next campalgn. So, doesn't -- doesn't do anytbing, so I guess it's a1l right.

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 504 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 504, havinç received the constitutional majority, is declared passed. 530. Senator Mahar. Out of the record. 533. Senator Madlgan. Read the bill, Madam Secretary . Senator Madigan, do you Wish this bill returned to the Order of 2nd Reading for the purpose of an amendment?

Yes, Mr. President, do wish to recall Senate Bill 533 to 2nd Reading for the purpose...

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan seeks leave of the Body to return 533 to the Order of 2nd Reading for the purpose of an amendment. Hearing no ll8  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 objection, leave is granted. On the Order of 2nd Reading, Senate Bill 533. Madam Secretary, are there any Eloor amendments approved for consideration?

Eloor Amendment No. 4 <sic> (3), offered by Senator Mccracken.

PRESIDING OFFICER: (SENATOR WEAVER) Senate No. 4 <sic> (3). Senator Mccracken, will you explain the amendment, please?

Thank youy Mr. President, Ladies and Gentlemen...

PRESIDING OFFICER: (SENATOR WEAVER) If you break up that conference in front of you we might be able to hear you. Senator Mccracken.

Senate Amendment No. 4 is language, franklyr in the process of drafting, regarding the creation of what are called QILDROS. Those would allow a divorce ccurt, ln allocating property between the spouses, to allocate a portion of the public employee pension. This, however, does not allow for the increase of any benefits or costs to the pensions. Federal 1aw currently preempts any other regulatlon as to private pensions. already the law in al1 of the United States as to private pensions. We are seeking to draft a comparable law which Will apply to public pensions. This has been on the back burner for a number of years now: and as I told the committee this afternoon, I think the only reason We've made any progress to date is -- is the thought that something may actually happen on the subject. respectfully request consideration, even though we Will continue to talk about it, and anticipate further revision.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Molaro.

119  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21r 1993 Well, -- Senator Mccracken, after I talked to him in committee, stated that he would try to put himself or his staff in touch With khe twenty or twenty-two so-ealled public pension funds Khat thls would affect. Tf T could have his assurance, because when I talked to them, Senator, almost twenty out of twenty had some opposition to it and their opposition was vented towards that these people who are in, or did have, marital problems, if this becomes so burdensome that becomes a big cost' that it would be in effect, be paid for by other pensioners. And we really don't want that to take place. So if you could talk to them and get their input, I would certainly have no opposition to whatever language you could draft.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.

As it turns out, we seem never to get a11 of the pension systems in one room at the same time. However, those who have participated in this, I think have come to a 1'11 call it a virtual conclusion, on how this is to operate relative to the divorce court. There is a form set forth in the amendment, which essentlally requires checking boxes and filling in blanks. That is to be sent to the system . The systen has an opportunity to review it, and if it refuses to enter the order as drawny sends back again with another form checking the boxes. Thls is the problem. We have an aqreement in concept that the ineention of this ls -- is not to cost the systems anything . Now, realize intentions don't go a long way when you're talking about the letter of the law, but we have made a 1ot of progress; we have brought in the Chicago systems recently to discuss And my experience in the short time I've been tnvolved With it is, if something doesn't move along, nothing gets accomplished. This should facilitate the diseussions, which I can assure you are l20  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21y 1993 ongoing. candidly, there may come a point in time where we feel we dve addressed everything we can address and there may be a disagreement. I can't say that won't happen, but we have every intention of continuing to talk.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Molaro .

Just quicklyr Senator. mean I -- you know, it turns out that you talked to these systemsr I just -- you know, I don't want to call for a roll call on an -- on an amendment, put everyone in the middler but I'm saying if you there 's twenty-two systems and you talked to twenty-one and out of the twenty-one Executive Directors, they tell you it 's going to be a nightmare and it's terrible for the system, I -- I mean, would it -- would you at least think about it? Would it get to you? Or --

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.

It would tug at my heartstrings. Yes, certainly will. Yes.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? not, Senator Mccracken moves the adoption of a Floor Amendment No. 3 to Senate Bill 533. All in favor, signify by saying Aye. Opposed, Nay. The amendment's adcpted. Are there further amendments?

No further amendmentsr Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) Reading. Senator Geo-Karis, do you wish to return 536 to the Order of 2nd Reading for the purpose of an amendnent?

Yes, Mr. Presidenty Ladies and Gentlemen of the Senate. I'd like to ... 121  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993

PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis seeks leave of the Body to return Senate Bill 536 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 536. Miss -- Madam Secretaryy .are there any Floor amendments approved for consideration?

Floor Amendment No. offered by Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis, to explain Floor Amendment No. 2.

Mr. Presidenty Ladles and Gentlemen of the Senate, Floor Amendment No. 2 is a clarification amendment that's been approved by the Chairman of Transportation, and also the Minority Spokesman, Senator Jacobs. And move the passage of this amendment.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator Geo-Karis moves the adoption of Floor Amendment No. 2 to Senate Bill 536. A1l in favor, signify by saying Aye. Opposedy Nay. Motion carried . Floor Amendment No. 2 is adopted. Are there further amendments?

No further Floor amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readlng. Senator Karpiel, on Senate Bill 538. Out of the record . Senator Burzynski. Madam Secretary, would you read Senate Bill 545?

Senate Bill 545. (Secretary reads title of bill) 3rd Reading cf the bill.

PRESIDING OFFICER: (SENATOR WEAVER) l22  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Senator Burzynski.

Thank your Mr. President, Ladies and Gentlemen of the Senate. This amends the Toll Highway Act. It primarily says that the tollway has the authority for overpasses on township and county roads. We 've got a situation that exists in my district where those overpasses are in disrepair, holes through them, and no one seems to have the authority or wants the authorlty or responsibility for them . Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.

Yes. just wanted to find out if the tollway is favor or opposed to the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

would -- I have had discussions with the Tollway Authority. As far as know, they are not in support of this bl11; that does have a flnanclal obllgation to them.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

Yes, thank you, Ladies and Gentlemen of the Senate. Really, think this is an idea Whose time has come. The only question have -- know in committee we had some debate and some question over whether legally we could do this because of the ownership of the overpasses, but We a11 must stand and understand that the overpasses are in because of the -- the tollway, and therefore it should be the responsibility - in my estimation, the majority of it, anyway, to fall upon the tollway. Did we -- did we ever come 123  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 to resolve on that issue of ownership and uhether or noe we can fund something that is not owned by the tollway?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

don't recall some of that discussion, Senator, but I do -- wculd indicate that these overpasses, as you indicatedr are there because of the Tollway Authority. don't know if -- if that's a problem or not. do know that the tollway has entered lnto some agreements with some counties, municipalities and the State - IDOT in order to fund repairs and maintenance of those bridges. However, there are several throughout the State where they have not, so I Would -- I would assume that they possibly could take over the repair and maintenance of those tollkay -- bridges without any problem.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

And -- and just real quickly, because I think it's a bill that we should -- should pass: but the -- the tollway -- it indicates that the bill for the tollway would cost 60.5 million to implement. I think that whenever we read that, it scares some people that that would be a yearly cost. Can you explain that, Senator?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

Thank you. Certainly. I don't think that that would be a yearly cost. Basically What the Tollway Authority has said is that over a fifteen-year period, they budget about four hundred and forty-five thousand dollars a year for bridge for maintenance and upkeepz and they said that if they looked at a1l of 124  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 21r 1993 their bridges they have in the system it would be about sixty million dollars.

PRESIDING OEFICER: (SENATOR WEAVER) Is there further discussion? If not, the question is, shall Senate Bill 545 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted Who wish? Have a11 voted who wish? Take the recordr Madam Secretary. On that questionr there are 53 Ayes: no Nays, none voting Present. Senate Bill 545, having received the constitutional majority, is declared passed. 548, Madam Secretary.

Senate Bill 548. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. In my twelve years on the Audit Commission, we have found time after time...

PRESIDING OFFICER: (SENATOR WEAVER) Will you take your conferences off of the Chamber Floor, please? SENATOR DeANGELIS: ... this long list of payables -- or receivables for the State. Many of those are through audits which end up being in dispute. And many of those audits are in dispute because the Department of Revenue does not have a clear definition of how it's supposed to audit certain things. And I want to apolcgize to the Body up front, because I've had qulte a feW bills this Session. Some of these are tough votes. But 1'11 tell you, if we do not address some of these problems that exist within the taxing system of Illinois, we will continue to have this problem of utilizing 125  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2lr 1993 auditors in the vrong areas, not collecting the money, and also having the continuous litigation that goes on. Now, 1et me go back to the exemption on the rolling stock. Right now: yau are a school bus transporter and you get audited on your purchase of your buses, you play Russian roulette, depending on who the auditor is. The Department already admits that it does not have a standard, but 1et me tell you What some of these standards that are arbitrarily used, dependlng on who your auditor is. They have the regular and frequent use test, that when you ask somebody: ''What does that mean?'' they don't know. Then you have another one that says if you have to use it more than fifty percent. And then we have somebody else who has a mileage test. And in many instances, they're even going against case 1aw which says you only need to use it for thirteen percent of the time out of state. This bill seeks to clarify the exemption for school buses for sales tax. I would be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Welch.

Thank you, Mr. President. I think that everybody should pay attention. This is another raid on the treasury. This one's going to cost seventy million dollars. You know what we should have here is like a telethon. We should have a tote board and keep toting up *he numbers. We passed one bill; there 's a twenty- mlllion-dollar grant for business. We passed another one, with six hundred. Now thls one is seventy million dollars. What we need is somebody with figures here, just keep adding them on to the tote board for the business telethon: because wefre giving them the entlre treasury of the State of Illinols. The fiscal note, filed by the Illinois Department of Revenue, says that the Department estimates that State tax receipts would be reduced in excess of seventy million dollars by this Act. This estimate does 126  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 1993 not take into account pending audits pertainlng to rolling stock exemptions that would be cleared of liability in the event of this bill becoming 1aW. So when we put the total on the tote board: we should put a plus after it, because it's going to be even morer and they can 't determine how much. This is going to settle cases that are going to be settled in favor of businesses. The Department also says the immediate effect of this bl11 is to generate a considerable number of sizable claims for refunds against the State; the prospective effect of removing from the tax base all commercial vehicles traveling under certificate of the ICC, or a vehicle or aircraft certified by the Interstate Commerce Commission. Ladies and Gentlemen, we can't afford this. haven't seen any bills to replace this money in the treasury. If we're going to be giving the money to a good cause, there 's probably a better one than business. This is another cholce. It's a choice between kids and big business. I think that what the Governor said the other day in the State of the State Address should be amended. The choices that we fre having are not between kids and concrete; they're between kids and giving money back to corporations and their shareholders, and I think that We should be voting No.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

Thank you, Mr. President. agree, we should vote No. This is a bad bill. In addition to costing us seventy milllon dollars that We can count, this b1ll also says that pending audits pertaining to rolling stock exemptlons would be cleared of liability in the event that this bill becomes law. When that is the case, that means that there will be another cost to us that we cannot even tally at this point. know we're tired, and I know people aren't paying attention, but agree with Senator Welch - 127  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 you better listen to these bills. We're adding up millions of dollars and taking it away from the State. So don't be surprised when we get down to the appropriatlons bills and the things that you care about cannot be in there because the money has already been ticked away, penny by penny. Vote No on this one.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hall.

Thank you, Mr. Chairman. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WEAVER) He indlcates that he will, Senator Hall.

Senator DeAngelis, what are you trying to do to us? You know , I'm shocked.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hall's shocked. Will you tell him What youfre trylng to...

am ; I actually am, for h1m to try and attempt this thing now. One thing and it's -- and ever since this has started, it's made me know and believe, after all the years that We've been here, we need a Session to do nothing but repeal. And here he comes with so many bad bills, it's just shocking. I tell you, let's put all the red lights you can up there. Andy DeAngelis, I'm shocked by your actions.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis may close. SENATOR DeANGELIS: No -- okay... Well, Senator Hall, want to answer your question; really do. You know, when the seventy-million-dollar figure, which just saw this afternoon l28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 and really want the Body to hear thisr because these numbers have been quoted. Seventy million dollars would mean that a million -- a billion one hundred and twenty thousand dollars worth of buses would have to be bought a year. In addition to that, they would have to be al1 for private transportation companies. And in order for it to be a billion one hundred and twenty million dollars Worth of sales, you would have to buy thirty-five thousand buses a year With private bus companies. In the State of Illinois in the State of Illinois - there are only nineteen thousand total busesr and they last an average of ten years. But even more, only forty percent of those are owned by private bus companies. Senator Weaver, can I -- because I Want to straighten thls seventy-million-dollar number out.

PRESIDING OFFICER: (SENATOR WEAVER) Ladies and Gentlemen, can We have a little peace and quiet, and listen to your colleagues as they try to explain thelr bills. Thank you. Senator DeAngelis. SENATOR DeANGELIS: Now, when I confronted the Department of Revenue a feW minutes ago on this fiscal impact, they said, ''Oh, we included jet airplanes and a whole bunch of other things into this fiscal note.'' said, .'Why?'' They saidr ''We11r We think - we think that maybe your bill exempts them.'' Well, I put an amendment on in committee purposely to straighten that problem out, and now find out that perhaps they think that amendment doesn't work. So have made an agreement with them that I would alter the bill and they could write the cotton-picking amendment, but don't come in here with this cockamamie seventy-million-dollar exemption on something in which the total number of sales - total number of sales per year - is twenty four million dollars. Okay? Twenty four million dollars; that's the cost of the buses. Okay? And we're going to take away seventy million dollars. Now, 1et me l29  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 21, 1993 tell you What promoted this. You knowr this is like the person that says, ''I saved a hundred dollars because I bought a three-hundred-dollar suit for two hundred dollars.'' All right? Frankly, you also spent two hundred dollars. Okay? Now , I have seen in one area where three. auditors from the Department of Revenue stayed for nine months to come up with a number that know is going to be litigated. And the longer they stayed: eating their nice chocolate doughnuts and drinking up their coffee and sitting in a nice air-conditioned office, while we ln the State of Illinois are complaining about a11 these other bills that are not paid, they fre sitting there cooling their heels in these offices. And only because only because - of one reason: there is no statutory language on how they should audit. And al1 this btll is simply saying is, ''Here's the Way,'' and you are going to collect the tax, and you will really save the money. Right nowy you may not be collecting anything, but please do me -- spare me. The seventy-milllon-dollar number is absolutely incorrect. END OF TAPE TAPE 4 SENATOR DeANGELIS: urge that we pass this bill onto the Housey and I will go ahead and Work With the Department of Revenue to ensure that this bill only applies to the area we talked about and what we intended to do. But the seventy million in late hits just got to stop.

PRESIDING OFFICER: (SENATOR WEAVER) The question isr shall Senate Bill 548 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted 130  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 21, 1993 wbo wlsh? Have a1l voted Who wish? Take the record. On that question, there are 7 Ayes, 44 Nays and 2 voting Present. Do you wish to put this on Postponed Consideration, Senator? Senate Bill 548, having failed to receive the constitutional majority, is declared passed -- failed.r excuse me -- badly . Senator DeAngelis, do you wish to contlnue on 5497 Out of the record. Senator Ralph Dunn, do you wish this bill, 552, returned to 2nd Reading for the purpose of amendment? Senator Dunn seeks leave of the Body to return Senate Bill 552 to the Order of 2nd Readlng for the purpose of an amendment. Hearlng no objections, leave is granted. On the Order of 2nd Reading is Senate Bill 552. Madam Secretary, are there any Floor amendments approved for consideration?

Floor Amendment No. offered by Senator Thomas Dunn.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Thomas Dunn, to explain Amendment No. 3.

Thank you. Thank you, Mr. President. This is the infamous Dunn-Dunn bill, and put an amendment on that Would have required a fourteen-day mutual exchange of lnformation between the taxpayer and the Board of Review. That amendment draws -- drew so much heat that I filed an amendment to Withdraw that, and that's what this amendment does. So, urge adoption.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn moves the adoption of -- Floor Amendment No. 3 to Senate Bill 552. Is there discussion? If not, the question is, shall the Senate adopt Amendment No . 3. All in favor, signify by saying Aye. Opposed, Nay. Motion carries. Senate Amendment No. is adopted. Are there further amendments?

No further amendmentsr Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 13l  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 3rd Reading. Senator Klemn. 554. Read the bill, Madam Secretary.

Senate Bill 554. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.

Thank you, Mr. President, Ladles and Gentlemen of the Senate. Some time ago - November, actually - we held an advisory question to the electors of the State of Illinois about unfunded mandates on local government. And they overwhelmlngly said by almost eighty-two percent that we should not do that Without funding to local government those expenses and costs incurred that We mandate. Senate Bill 554 creates the Unfunded Mandates Act which provides that a bill which requires the expenditure by a unit of local government or a school dlstrict, or exempts privately-owned property or other items from the local tax base shall not become law, unless either of two things happen: the bill passes with the concurrence of at least three-fifths of the Members elected to each House; or, two, the bill passes with the concurrence of the majority of the Members elected to each House, and a companion bl11 is passed that provides the reimbursement by the State to the units of local government or the school district. The bill further allows the assurance that the appropriation to meet those requirements of the bill that was passed, shall not be subject to a governor's reduction or veto item unless the governor totally -- vetoes the substantive bill requiring the expendlture of funds. This is, I Ehink, a bill that has reached the point that we must address in behalf of our citizens, and do ask your support of Senate Bill 554. 132  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Palmer.

Thank your Mr. President. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he will.

Senator Klemm, I certainly understand the motivation that 1ed you to put together this bill. My analysis, though, says that it is quite likely that this bill cculd lead to a flood of litigation because we would be in the position of having to require local governments to live up to federal mandates, which, of course, we would not necessarily be successful doing, which leaves us in the position of being responsible. Now, perhaps I'm wrong, but I Wish you would respond to that question.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm .

Well, I don't think it's our responsibllity necessarily for federal legislation; however, in fact, a mandate seems to be appropriate, we need three-fifths vote, and therefore we could -- acconmodate any of those -- you know, questions you have.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

Thank you. No. Perhaps I am not stating this Well. The fact is that we say to a local government that -- if We cannot ensure that a local government -- let's say that there are matching funds, and we don't have part of but that's part of our responsibility. Then, are you suggesting that we forego our obligation to match that money if we cannot if we don't have it 133  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 ln the budget? I'm just not clear what it is you're sayinç we should not do here.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.

Well, if we dre required by federal law to match funds, that's not a mandate imposed by the State, and therefore I don't think this would apply.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Demuzio.

Welly thank you, Mr. President. -- I just Want to make a point that suppose that We 've had a significant battle over the rules here since January the 13th, and this takes a three-fifths vote for anything that would require any type of mandates to -- to local government. really -- really find that sort of repulsive, but, quite frankly, this may be the only game in town for us. It puts us in the ball game.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. Just a couple of questions of the sponsor, he would yield.

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will yield .

First of all, Senator, not to be facetious, but this bill does, according to the way I read and as you stated, make it a three-fifths vote necessary for passage of any of the bills that you 're in reference to. Would you be willing to use this as a test case and have a three-fifths vote on this particular piece of legislation that you 're talking about? But to the point: The 134  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 provision as I see in the veto provision, in effect, would be unconstitutional. You look Section 9 of the Constitution under Veto Procedure, ''The Governor may reduce or veto any item of appropriations in a bill presented to him. Portions of a bill not reduced .or vetoed shall become law. An ltem vetoed shall be returned to the house in which it originated and'' it ''may become 1aw in the same manner as...'' vetoed And then it goes ony ''If a reduced item is not so restored, shall become law...'' tbink the issue here is what you are asking in this legislation is unconstitutional as it stands on its face, and for that reason alone, I think it should be -- should be nat approved. But -- but would ask one further question as to whether -- We've had some trouble getting some proper rulings, and we've got some good rulings from the Chair. In regards to a three-fifths majority -- and will this always be at the whim of the Chair as to Whether a three-fifths majority is needed?

PRESIDING OFFICER: (SENATOR WEAVER) No.

That wasn't -- that wasn't for you; that was for him.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman?

Thank youy Mr. President, Ladles and Gentlemen of the Senate. Bills like this sound great when we issue our press releases and we say that we voted for a bill that would require a three-fifths vote before we impose a mandate, and everybody's against mandates, until you start asking: What are mandates and which ones don't we like? Let me give you a specific example. The federal government passed in 1968 I'm sorry, in 1978 a bill which we called 94-142 that's the Education of All Handicapped Children's Act; it's special education. And they said that every state, in order  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 2l, 1993 to receive federal speclal ed funds, had to pass a bill to comply with these guidelines. And we passed a bill. mirrored the requirements, but was our bill. Now the Federal Government never funded special ed as it promised to do, and we have never funded special ed as we 've promised to do; but if that billr for some reason, hadn't passed with three-fifths votes, al1 of the special education programs that we presently have wouldn't be there, number one; and number two, hundreds of millions of dollars of money that we did get from the Federal Government, even though it was inadequate, would never have come to us. Every day on this Floor this Session, or almost every day, we've had bills that would fall under this kind of a mandate requirement. When we'd passed a bill -- and I think there was on the radio the other day a bill that you can't carry a loaded rifle within a thousand feet of a school or a park. Well, that's a mandatey because there is going to be increased local county activity regarding crime and prevention and prosecutlon and jail. Youdre going to neutralize everything that a majorlty that the people vote here to control your majority, under this present structure of this Senate, ls able to pass. I just suggest to you that these bills sound great for a public -- public relations press release, but when you get down to for the most partr they just aren't workable. You might as well submit your resignation, Ladies and Gentlemen, at the same time that you vote Yes on this bill. urge a No vote in order to be responsive to your constituents who elect and expect a majority to respond to the needs of their desires in this State. I urge a No vote.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

Yes, thank you, Mr. President. rise in support, and I -- you know, everybody we say We're against mandates. The l36  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 21, 1993 previous speaker just mentloned that we're against mandates. I don't know that he 's ever seen a mandate that he hasn't loved. Two of the previous speakers, as a matter of fact. But this is the way local units of government get in trouble. This -- this is why we have such a divlded process in regard to the surtax. Units of local government tell us, ''We have to have the money in order to fulfill the obligations that the General Assembly -- dictates upon them.'' So, what's the answer? More taxes, more money, throw money at it. Our response over here is, why not sit back and take a look and ask for an extra majority to be able to dictate that policy onto -- that unit of local government. What is Wrong with that? If it's special educatlon or lf it's something we feel very strongly about, it'l1 get three-fifths vote, but if it's not, then we ought to fund it or shouldn't be required. The taxpayers end up picking up the bill regardless of who is at what level, when we mandate a program onto a unit of local government, and especially education, and the municipallties, and the counties. There isn't a bigger issue with those individuals and those groups than us sitting up here votins, time after time after time, to dictate one more responsibility onto a unit of local government, without the proper funding. Al1 we 're saying here is if we're going to do then let's take a little extra majority to get it done. I think this is a responsible approach, and I support Thank you .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.

Yesr thank you, Mr. President and Members of the Senate. And 1et me just start with the last speaker's commentr and he indicated that we can be responsible and something that is needed as determined by this Body, and we will be responsible. But for the sixteen years that I have been here, I would hate to 137  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 trust my fate in what is determined here in terms of priority as being responsible, in terms of the needs of the people back there, because if this Body determined that the overcrowding situation in - - in the Cook County Jail, or the situation in Chicago the Chicago school system, which we will probably get a good example of that come September when the schools will not open unless We take some action here, that -- that is not a priority. And I have watchedy over and over again, major pieces of legislation here not being determined a priority, even when we were in a majority. And don't think that we will ever get a three-fifths vote based on the track record of things that have seen determined as a priority this Session. I would be really afraid to leave that up to this Body to make that decision, when there are vltal and very serious types of services that is needed at the local level - what this Body Will not provide the money and yet we are saying, because it will not find it within its wisdom to make a priority, then we can just ignore the fact that these are critical needs of the constituents at the local level. think this may sound good; it sounds good because people have been talking about mandates, which we are a11 concerned aboutr but think there ought to be some safeguards here that will have some kind of guidelines and criteria tc determine in the legislation, not on a case-by-case basis, but something to draw on to make a decision as to when something is essential and necessary to -- to protect the welfare and interests of the citizens a11 over the State of Illinois, not just in certain placesr but a11 over. That's our mandate and that's our responsibility from the people who elected usr and we cannot get out of that by passing this piece of legislation and legislation like this and say that we don't have to do nothing, just turn our heads and not respond to those needs, simply because we passed a bill that says if it doesn't get a three-fifths, then we can't mandate i: or make it a law. I think l38  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 that's irresponsible, and we should vote No .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm, to close.

Thank you, Mr. President. You know, we could find a lot of excuses to -- to avoid trying to be responsible in governmenty and I've heard a few tcday. But, you know, when I look at some of the lists and just see what some of the voters have said and you're saying we're abandoning our voters, 1et me just hit a couple of counties: Tazewell County, with 83.9 percent of the voters, said we should be dolng something, thae we shculd not do unfunded mandates; St. Clair County, eighty-three percent of the voters, for example; Maeon County, 82.8 percent of the voters on that question said we should do something; Macomb Ksic> County, 80.72 Rock Island, 79.4) even Cook County, 79.3 percent of the voters. Now, if you can't say that the voters care about what we're doing and to even suggest that tWo parties, because of the three-fifths vote, can't Work together to solve some problems, we're in sad shape. Maybe that's what some of the problems are in State Government. For once, maybe b0th sides can sit down and find out what -- what impacts are we giving to local government; how are they supposed to pay it. And then you get letters and I get letters on property taxes, because we have to raise them al1 the time. Schools are crying to be helped, and we mandate expenses that they can't even afford, at the cost of education of children, and you tell me and you tell our colleagues we shouldn't do something. This is our time to put up or shut up. I$d ask your support for Senate Bill 554, and I know you'll al1 support

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 554 pass. Those in favor: vote Aye. Those opposed, vote Nay. The votin: is open. Have al1 voted who wish? Have a1l voted who wish? Have a1l voted who wish? 139  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Take the record. On that question, the Ayes are 34, the Nays are voting Present. Senate Bill 554, having received the constitutional majority, is declared passed. 558. Senator DeAngelis. Senator DeAngelis, do you wish to call 558? Out of the record. Senator Geo-Karis. 561. Read the bill, Madam Secretary.

Senate Bill 561. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.

Mr. President and Ladles and Gentlemen of the Senate: Senate Bill 561 amends the State Finance Act by stipulating that fifty percent of the revenue deposited into the Illinois Beach Marlna Fund shall be transferred to the General Revenue Fund through the third quarter of Fiscal Year '93, and thereafter, twenty-five percent of the firsE *wo million dollars deposited into the Fund shall be transferred to the General Revenue Fund, and seventy-five percent of any amount in excess of two million dollars shall be transferred to the General Revenue Fund, the total of Which shall not exceed two milllon dollars in any fiscal year. move the passage of this bill. This affects *he the North Point Marina in Winthrop Harbor, Illinois, ln Lake Countyr Which is the largest marina in the State -- in the country, rather, 1500-boat slip. And has to have some funds to operate, and theyfre paylng back, little by little: what they borrowed fron the State.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 561 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a11 voted Who wish? Have al1 l40  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 vcted who wish? Take the record. Senate Bi11 on that question, there are 54 Ayesr no Nays, none voting Present. Senate Bill 561, having received the constitutional majority, is declared passed. Senator Donahue, you wish to bring 570 back to the Order of 2nd? Senator Donahue seeks leave of the Body to bring -- to return Senate Bill 570 to the Order of 2nd Readlng for the purpose of an amendment. Hearin: no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 570. Are there any Floor Amendments approved for consideration, Madan Secretary?

Floor Amendment No. 1, offered by Senator Donahue.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahuer on Floor Amendment No.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This simply adds a July 1 effective date, and I would move for its adoption. PRESIDING OFFICERI (SENATOR WEAVER) Is there discussion? A11 in favor, signify by saying Aye. Opposed, Nay. The Ayes have it. Senate Amendment -- Floor Amendment No. to Senate Bi11 570 is adopted. Any further amendments?

No further amendments: Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Karpiel, do you wish to recall Senate Bill 5777 Senator Karpiel seeks leave of the Body to return Senate Bill 577 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objections, leave is granted. On the Order of 2nd Reading is Senate Bill -- Madam Secretary, are there any Floor amendments approved for consideration?

141  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day Aprll 2l, 1993 Floor Amendment No. offered by Senator Karpiel.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel, to explain Floor Amendment No.

Thank you, Mr. President. Amendment 3 makes it very clear that this legislation applies only to the Metropolitan Airport Authority, which is in Dupage Countyr and it states that the county auditors shall maintain a continuous internal audit of the operations, financial records of the agents, departments and divisions of the Airport Authority.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr the question is, shall Senate Bill 577 pass. Those in favor will vote Aye. Opposed, Nay. Voting is open. Excuse me, we're dealing wlth Floor Amendment No. 3. Is there any discussion? Al1 in favor, signify by saying Aye. Opposed, Nay. Motion carried. Amendment No . 3 is adopted. Are there further amendments, Madam Secretary?

No further amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) Reading . Senate Bill 582. Read the bill, Madam Secretary.

Senate Bill 582. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

Thank you, Mr. -- thank you, Mr. President. Senate Bill 582, as amended, is a bill that legislation that comes at the initiative of the independent agents, and what it does, it repeals l42  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 21, 1993 the grandfather clause as far as insurance agents in Illinois, with regards to continuing educatlon. They must continue thelr education. lowers the continuing education requirement to fifteen hoursy raises the fee for a continuing education provider license to five hundred dollars. I would like to polnt out to the Body that this bill is not in its final form, where the discussion continues as far as language regarding captive agents with insurance companies, and whether or not to adop: the NAIC model. I Would ask the Body to adopt -- adopt thls legislation with the understanding that further language will be required in the House to put this bill in its final form . 1'11 be glad to answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? not, the question is, shall Senate Bill 582 pass. Excuse me. Senator Hendon. Excuse me.

Thank you, Mr. President. I think this is a fine piece of legislation, and I -- I look forward to working with my House Members over on the -- in the other side, to work with Senator Madigan on this bill, and I urge -- urge an Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? The question is, -- shall Senate Bill 582 pass. Al1 in favor Will -- the question is, shall Senate Bill 582 pass. Those in favor will vote Aye. Those opposedr vote Nay. The voting is open. Have al1 voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 58, the Nays are none, none voting Present. Senate Bill 582, having received a constitutional majority, is declared passed. Senator Woodyard, do you seek leave to bring Senate Bill 586 back to the Order of 2nd Reading for the purpose of an anendment? Is there leave? Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 586. Madam Secretary, are 143  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 there any Floor amendments approved for consideration?

Floor Amendment No. offered by Senator Woodyard.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyard, on Anendment No. 2.

Thank you, Mr. President, Members of the Senate. Amendment No. to Senate Bill 586 Was suggested by Senator Severns, and think it's a good amendnent. The bill itself deals with provisions in -- With the Illinois State Fairs. This amendment would certainly clarify the prohibition that you cannot, and We will not, commingle funds within the revolving fund of the Illinois State Fairs. I would move for its adoption.

PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? A11 favor of Floor Amendment No. 2 -- signify by saying Aye. Opposed, Nay. The Ayes have i*. Floor Amendment No . 2 is adopted. Are there further amendments, Madam Secretary?

No further amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Cronin. Read the bill. 592, Madam Secretary .

Senate Bill 592. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 592 creates the Scholarship Schools Pilot l44  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21r 1993 Program Act. This bill seeks to establish a four-year pilot program in one subdistrict in Chicago to give low-income parents of children residing in that subdistrict an educational voucher to attend the scholarship school of their choice. The background of this bill is rooted in proposals that have come out of an organization known as Teach America, as well as the School Choice Program that is currently in operation in Milwaukee. This program has essentially nine elements to and qo through them very briefly for you in hopes that this wl11 answer some questions that there may be. The first element is that the bill sets up the Scholarship Schools Council. It is my intention, and the proponents of this ldea, to take it out of the hands of -- to tryy as best as we can, to take it out of the hands of politics and to put it into an appointed council. The Council would consist of five members: one appointed by the Governor, one by each of the four legislative leaders. The second element is with regard to the selection of the subdistrict. The Council must select one subdistrict in Chicago by January lstr 1994, as the area for the operation of the pilot program. The Council is to hold hearings before they select the subdistrict. The third element is scholarship eligibility. Beginning with the 494-'95 school yeary any pupil residing within the selected subdistrict shall be eligible for a scholarship the pupil's family income does not exceed 1.65 times the family income necessary to quallfy for free meals under the National School Lunch Act. So for a family of four, 1.65 times the income level would be thirty thousand dollars. The bill limits the number of scholarships to no more than two thousand pupils. The four-year program contemplates that, during the first two years of the program, this Would only apply to public schools; the second tWo years of the program , would be opened up to a11 schools. The fourth elementy real quickly, is, the scholarship schools themselves that are awarded under the l45  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Act may only be redeemed -- or the scholarships may only -- be redeemed at the scholarship schools. A private school may become a scholarship school by flling an application with the Council and meeting the requirements. These requirements - and I'd like to emphaslze the requirements include prohibitions against discrlmination, the advocating of unlawful behavior, the teaching of the inferiority of any person or group, providing false information. In addition, these schools are allowed to teach moral or social values, philosophy or religion. The fundlng of the scholarships: The funding of the scholarships is tied into an amount equal to forty percent of Chicago 's operating expense per pupil, not to exceed the actual amount of tultion or twenty-five hundred dollars. The State Board is prohibited prohibited from wikhholding the amount from Chicago 's allocation of Chapter I funding under the formula. Accountability is the sixth element. The bill spells out accountability standards. The seventh element is transportation. The eighth element is -- parental information. And finally, the ninth element is the fact that this Act will be repealed on August 1st, 1998. This is a pilot program, and I'm happy to answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Palmer.

Thank you, Mr. President. love it when we seem ln this Session to be one riçht after another making a11 these decisions for the people of Chicago . If this is so great, why don't we locate in Dupage County instead of Chicago? Let me draw the Body's attention to a number of things. This -- this is so Byzantine and so awful that it's -- it's hard to know where to begin. First of all, that we would once again seduce people into believing that for twenty-five hundred dollars, which will be taken out of our funds - our taxpayer dollars given to select l46  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 people - and I Want everybody to have a good education; I think we al1 understand that - but to take lt out of the general pool of funds to give to selected students in a pilot program , to take additional funds out to pay for transportation to send them to private schools, at which they Will be allowed - the scholarship schools - to teach What is being termed ''morals, social values, philosophy and religion.'' When we have made a very clear point in this country of separating church and State, we are going back on every promise that we have made to provide public education to al1 children. This is wrong, and I think it is absolutely awful that this would be proposed for Chicago . If you want to do thisr do it in your own backyard.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.

A question of the sponsor, please.

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will yield.

Senator, I'm assuming that -- that the -- that the purpose behind doing this pilot or experimental program is to somehow get some unbiased definitive data to make a decision as to whether or not the voucher system is a good system . And I'm assuming the question is -- that your answer is yes. Given that, I'd like to know, is this program controlled? Do you have a control group here and a non-control, meaning that youdre going to select some schcols to do this withy and then the students can use the vouchers to go to any school that they wish to go to, including Dupage County, they wish to go out there, as long as it's a public school; and then you 're going to have some within a -- within a setting? Or are you just going to go and select -- based on what I heard, you are selectinç a group of schools within the l47  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 City of Chicago Where these students can go.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.

Thank you, Senator. Yes, it is indeed my sincere intention to gather reliable data as to whether or not this concept is one that can genuinely improve schools. My response to your inquiry about whether or not, or why there isn't a control school is as follows: This subdistrict would be located in the City of Chicago. The comparison would be made between those schools in the City of Chicago that don't -- or are not part of the program and this subdistrict that is part of it. That's the data that We Would seek to compare and to contrast.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.

So so then, you would have, I think, a very narrow sample here, and the results Would not be that rellable in order to make a Statewide program that was -- that was actually based on some klnd of validity to the data that you collected. Because if youdre talking about private schools in the -- you're talking about in the depressed or poor areasr which you made a statement that you wanted to give these -- these children -- these people, or these children usuallyr a chance -- a parent, a chance; but you're talking about people within the same geographic area that shares baslcally some of the same problems and same needs and concerns. So then, how do you know that those variables does not impact on your sample? If you -- if you really wanted to do a sample program and the data was going to be valid ln any way, you would need that kind of setting, but you would also need another setting. And I would think Dupage County would probably make a very good choice by allowing some of these children to go to 148  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 2l, 1993 Dupage County to some select schools - and I'm not trying to be funny - to some select schools out there, as Well as to some select schools in the City of Chicago.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.

Thank you...

PRESIDING OFFICER: (SENATOR WEAVER) Did you ask a question or make a statement? Senator Cronin may try to answer her question.

think I understand, in a qeneral sense: What you're getting at. I would just answer you in this way. The problem - if you want to call it a problem for purposes of this bill and this concept is -- is that Dupage County is a Wealthier area than the City of Chicagoy and so -- the the purpose behind this legislation is to empower poor people, and I think that I Want to start in the City of Chicago and see how it works there because, unfortunately, that's where the highesk concentration of poor people are.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.

Thank you. To the bill: actually that's a very faulty premise, but 1et me say to the bill: What you are doing, Senator, at a time when we don 't know whether or not Chicago will be able to open their doors come September, you are really taking off five million dollars out of that budget off the top of that budget. This is just not the time to do that. You know and I knoW It is unfair, given the fact that you just passed a -- a law here saying that any -- any -- any bill that we pass - attempt to pass here - to help to bail that system out so those children can go to 149  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 school in September would have to have a three-fifth vote. This is unfair for you to take this money from Chicago, especially at this timer and we ought to defeat this bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.

Will the sponsor yield to a question?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he Will, Senator.

Is this a model fashioned after the Milwaukee Parental Choice Program?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.

There are some elements in it that we tried to -- to model after the Milwaukee program.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.

Well, from the point of view of educational achievementr 1et me quote two sentences from a report cf the analysis of the second year of the Milwaukee Parental Choice Program. And those -- the report of that analysis is that in the first year of the program, the Choice students gained more than the low-income Milwaukee public school students in reading, but Were behind them - behind the Milwaukee public school students in mathematics. The reading gain for the Choice students was not statistically significant, but the Milwaukee publlc school gain in mathematics was. In the second year, Choice students' scores dropped considerably in reading and remained approximately the same in mathematics. What that says to us is that in Milwaukee, where a l50  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 somewhat sinilar program was tried, there was no meaningful improvement the education of the students that were removed from the Milwaukee public schools. 0n the question of finances, 1et me polnt out - and ask every Chicago legislators to legislator to pay attention to this: This bibl takes one thousand three hundred and fifty-three dollars of Chicago property taxpayers' money and uses that to fund this voucher scholarship program. Takes -- thirteen hundred and fifty-three dollars of the twenty-five hundred is from real estate taxes paid by Chicago real estate taxpayers. And I think that it's very nice that the sponsor sees fit to allocate Chicago property tax money for a voucher program that he thinks -- that he wants to pass in the Illinois General Assembly. The -- another shortcoming of this bill is tha: does not provide for access by the students to even neighboring public schools in nelghboring suburbs to Chicago. So that if a Chicago student that lives in my district on the edge of Chicago wants to take this money and go and enroll in the Evanston school district, this bill doesn't allow that. It requires that the child ço to a nonpublic school, using public moneyr limited to Chicago. Now, of course, the sponsor wculdn 't even think of suggesting that transportation be used to bring these Chlcago schoolchildren out to his community out in Dupage County. On the question of transportation, Chicago must pay the transportation costs involved in this voucher program. So that that cost isn 't even paid for by the State, who the sponsor is suggesting ought to pass and impose this bill on Chicago citizens. For all of those reasons, Ladies and Gentlemen, not even to touch on the merits or demerits of a voucher programr I would strongly, respectfully ask for a No vote.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz.

l51  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 2lr 1993 Thank you, Mr. President. I wasn't -- I Wasn't going to even stand up and speak on this -- on this bill, because Senator Cronin is doing such an admirable job, but lt's -- don't know whether I was more upset, more frustrated or more amused by Senators Berman and Senators Palmer when they started comparing Chicago and Dupage County. -- I failed to see the comparison, unless you 're trying to evoke some sort of a message out there to the suburban legislators. 1, for one: as -- as you are, Senator, am a Chicago, as well as a suburban, legislator. And if you would just think back a few years, why this is applying this pilot proçram is applying strictly to Chicago, you can recall that a few years ago , the former -- United States Secretary of Education did not mention the -- Dupage County school system , but they compared or he compared the Chicago public school system as the worst - not one of the worst, but as the worst in the country. Now , you know, in your debate you're talking about the school bureaucracy in the school systen, and think the transcripts, Mr. Presidentr will show not much mention was talked -- not much was mentioned about the education or the best education for the schoolchildren. Now this -- you know, this is my backyard too, Senator. don 't know what you're afraid of. Thls is a pilot program . repeals August lst of 1998. You know, if you're really, really sincere in improving the education of al1 the children of the City -- in the City of Chicago, why don't you try the Scholarship Schools Program? Forget about your friends in the bureaucracy - your friends and my friends in the bureaucracy. Let's start thinklng about those people who are going to the schools, those children that are trying to learn somethingr and let's try the Scholarship Schools. NoW if -- if you dre satisfied with preserving the status quo, then maybe you should vote against it. But if you really want to try to tmprove the education of our children in the City of Chicago, try Scholarship Schcols and vote Yes. 152  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel.

Thank you, Mr. President. find rather ironic our colleagues on the other side of the aisle from the City of Chicago who are opposed to this. I don't know what the latest count is with the new Legislature, but in the past several years, it was my understanding that I think there were only two Chicago leglslators that had tbeir children the public schools in Chicago. Al1 the rest send their children to private schools. I heard the legislator from Milwaukee, Representative Molly Willlams, who represents the poorest inner-city district in Mllwaukee, the legislator there who fought fcr this program in Milwaukee, and heard her speak. She is a dynamic woman, a dynamic legislator, and 1'11 still - I still recall and remember the words she used . She said, ''My constituents - my children in my district - are not able to have any choice. They cannot go to the private schools. They don't have the money to nove out of where they're living . They are stuck with this bad situationm'' She's talking about Milwaukee. think if it's good enough -- if it's not good enough for our legislators' children, that we should at least give some of these other kids a choice and a chance. And as Senator Dudycz said, it's only a pilot program. If it doesn't Work, doesn't work. But why are we a11 so afraid of some innovation? Why are we always so afraid to shake things up and try something different? I strongly urge an Aye vote on Senate Bill 592.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw.

Thank you, Mr. President. You know, seems it -- seems as though that *e -- we have -- probably have some of the best brains in the world probably serving in this Bodyr but those 153  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 same people that report to have some of the best brains and the -- and the ideas that -- to make everything work in this Stater like this Senate Bill 592, don't seem to understand that not only does Chicago children need money, every child in Illinois need money. But you're not willing to do that: There's a lot of schools in this State that needs money, same as Chicago. I have suburban schools that need money - on the Watch List. You are not Willing to vote for addltional tax dollars to -- where we can educate the children of this State. But you are willing to come in and try and bankrupt a system that's already at the verge of bankruptcy. And this is against the children of Chicago, in this case. One of the speakers mentioned that -- a previous speaker's mentioned the fact that the former -- what the former Secretary said. What the former Secretary didn't say is that this Body is responsible for it, because they Will not fund the system . You will sit there and watch the kids, the school system in Chicago go down not only in Chicago, across thls State, and shift the burden to the property tax, taxing senior citizens, you want in terms of property tax increase to finance the school, when the State itself have a respcnsibility to educate a11 of its children. You could -- it's - - demagoguery to sit up here and talk on one hand about what youdre trying to do for the children of this State, and then on the other, you won't give them no money. You wcn't even give them their lunch pail to go to school with. You won 't put the sandwich in there. To bring a bill up like this is just ludicrous, and think that when the people of this State recognize what our friends are doing on the other side of the aisle - and they should look at the roll call on this vote. And you have the votes to pass this. But people of this State should look at the roll call of the Members who vote for this, because right now, What are you going to do When -- you're already three hundred million dollars in the red in Chicago schools. Now you're going to take five 154  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 2l, 1993 million dollars -- over five million dollars out - twice the amount of money that Chicago school system get in terms of State aid, accordlng to the analysis. You want to take that out, but you won't vote to give them additional money. You won't vote to give the suburban schools additional money. I think think this is wrong. I think the bill should be defeated, and certainly I think the people of this State should wake up and recognlze that you don't want to fund education; you don't want the people of -- the children of this State to get an education, because you will not fund it. And when you talk about -- well, I don't want to go into that. could talk a long time in terms of jobs and so forth; what the future holds for this State if you don't educate the young people of this State. But it's good to live in those suburban communities where people are well-off, have a good tax base, and vote for something like this for people of Chicago, but you will not vote for lt for your own community. That's hypocrltical. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.

The other night I was on -- I was -- just before I went to bed, I was watching a televislon program. I believe Was called Lifeline. And it was the biography of a teacher in Chicago who: a few years ago, decided on her own that she would start her own private school. She Was a certifled teacher. She could not stand the bureaucracy. That woman is still runninq that school. And as remember, and I was somewhat asleep when I was watching this, but I think her name was Mrs. Collins. She now runs a school, has two hundred children that are now that school. She has produced children that have gone on to do marvelous things. She has taken children who were in special ed classes who are now going to college. am a schcolteacher. taught in a public l55  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 school, and I'm very proud of a 1ot of the schools that have taught And there's a lot of very good schools in the City of Chicago, and frankly, there 's a lot of very bad schools. This is a pilot project. Why not take someone like Mrs. Collins and allow her to expand what she has done with monies from some program like this? Why not try something new? What we've got now in a 1ot of the schools dc no* work, and I think a 1ot of the parents do know that. It true that a couple of years ago a survey was taken and there were two of you in the City of Chicago that sent your children to the publlc schools, and the rest of you sent them to the private schools, and that was your cholce. And that's fine, because you can afford itr because you are legislators down herer and you have the money to do that. And that's your choice, and that's fine. But give other parents that same option. Allow the people like Mrs. Collins to be able to come up With neW and working ideas and allow those children to have a chance. That's a11 we're asking. I suggest you vote Aye.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.

Thank you, Mr. President. Well, first Want to establish a few things before I say anything, because I am a product of chicago public schools. My daughter graduated from Chicago public schools, and my son is currently at Marshall High School. Some people say I'm crazy to have my son in Marshall High School. But discovered that as long as the parent get involved in the child 's education, then Marshall, or Farragutr is good enough. Now, I -- Westside Preparatory School - Marva Collins' school - is in my district, and it is a fine school. I was Watching that program the other night myself. Fine example. Sure, we need more of those, but we do not need to take property tax dollars from the citizens of Chicago and give those dollars to private schools. l56  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Part of the problem with this legislation is the children couldn't go to a public school uith that money - with that voucher money. They would have ta go to a prlvate school or a religious institution. And what does it do? Instead of fixlng khe problem, it's going to continue to hurt Chicago schools. Now, my good friend, Senator Dudyez, mentioned the education czar -- former education czar Bennett: who went on to become the drug czar. Did he solve the drug problem? No, he did not. Did he solve the education problen? No , he did not. So since he didn't solve anything, I can't take him as being an expert on anyehing. I take offense to anybody that says the Chicago public schools are the worst in the world, because they are not the worst in the world. Yes, they have a long way to go, but we have to get in there and work on it. And, Mr. President, I'm going to put a resolution in, because of one thing that I'm sick and tired of - and I haven 't been here long at a1l - is a1l of Ehis talk about the other side of the aisle. I hate it from both sides of the aisle. We should have a Republican sitting next to a Democrat and a Democrat sitting next to a Republican, and maybe we'd begin to understand each other: instead of a11 of this Looney-Tune craziness and all of these preconceived notions about each other. That's the first thing we need to do Eo get rld of this ''other side of the aisle'' crap. The people of Illinols deserve bipartisanship. They don 't deserve a11 of this ''other side of the aisle'' stuff, because it does not help this State. Now, just came out of an Appropriations meeting, and I hate to see people telling me what's good for me. I come from a poor district proud of it. Proud of know what's good for my people. don't need nobody else to tell me what's good for my people. Just come out of Appropriations. If you care so much about the education of poor children, We would not pass in Appropriation legislation to stop teachers from wanting to teach, and learning to teach, and going 157  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 to teach in public schools. We just did that. Just did that in Appropriations. If we care so much about these poor children, you should llsten to some of the legislators who come from these districts, who say we should have Scared Straight programs to help straighten them out, instead of just going by what you think poor people need, black people need, and minorities need, because you're wrong. And I urge a No vote, even though this is sponsored by a friend of mine - a serious No vote. And sit down With h1m later and tell him about what poor children need and want.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin may close.

Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. Let me start out by telling you that proposin: this piece of legislation, With a1l due respect, because unfortunately I don't have a friend on the other side of the aisle that has the guts to stand up to the Chicago city school establishment. I'm telling you that -- first of allr you asked me why -- to answer a couple of quick questions and to close, please. ''Why not in Dupage County?'' was the question, as if there's some regional competltion here. There 's an effort here to try to help, a genuine effort to try to help the Chicago public schools. With regard to the funding depletion, I beg to differ with Senator Berman about what he pointed out as some of the -- the -- in his opinionr some of the points in this bill. This doesn't talk anything about property taxes. This talks about the forty percent - - forty percent of the school aid on a per-pupil basis from the State of Illinois that would be dlverted. The -- the -- the Illinois State Board of Education, the fiscal note that was prepared, says that the total cost to the State would be 2.7 million dollars. I Would argue that this is an increase in funding for the Chicago city schools. Ladies and Gentlemen, just 158  STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 to close, I want to offer this: There 's a 1ot of talk about school reformers in the City of Chicaqo and they use buzz words like ''empowermentd'. You knowy empowerment really means somethlng when you take a look at this bill. When you look at this bill, you have to consider that this is promoting competition. Competition is a good thing. Competition versus government-run monopoly schools. We know, if anything is taught us in the Legislature, throwin: more money into the situation has not helped. The pupil population in the City of Chicago has dropped, but the demands for money goes up and the student performance continues - continues - to go down. The school reformers on the other side of the aisle who talk about local control and the local school councils - I'm talking about real local control here, real empowerment. You ask your constituents what they Want. Ask your constltuents in your district Whether they'd like a voucher to decide whether or not they want to go to the Latin School or St. Ignatius or the public school, because opens lt up to a11 of them. How many legislators are there in the General Assembly that send their kids to private schools? I'm asking you to give your constituents the same chancer the same choice that you have. Help out some of these kids in your district. I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 592 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have a11 voted Who Wish? Have all voted who wish? Take the reccrd. On that question, the Ayes are 31, the Nays are 25, none votlng Present. Senate Bill 592, having received the constitutional majority, is declared passed. Senator - - Senator -- for what purpose does Senator Berman arise?

request a verificaticn of the Aye votes.

PRESIDING OFFICER: (SENATOR WEAVER) l59  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 That's always in order. Senator Berman has requested a verification. Will a1l Senators be in their seats. The Secretary will read the affirmative votes.

The following Members voted in the affirmative: Barkhausen, Butler, Croninr DeAngelis, Donahue, Dudycz, Ralph Dunnr Thomas Dunn, Farley, Fawell, Fitzgerald, Geo-Karis, Hasarag Karpiely Lapaille, Lauzen, Luft, Mahar, Maitlandr Mccracken, Molaro, O 'Malley, Peterson, Petka, Raica, Rauschenberger, Syversony Topinka : Watson, Weaver, and Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Does Senator Berman request the presence of any Member?

Senator Donahue. Thank you. She's here.

PRESIDING OFFICER: (SENATOR WATSON) She's in her chair.

Senator Farley.

PRESIDING OFFICER: (SENATOR WATSON) Senator Farley? Is Senator Farley in the Chamber? Senator Farley? Remove him. Any other questions, Senator?

Nc, sir. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) On a verified roll call, the Ayes are 30, the Nays are 25, and no voting Present. Having having received the required constitutional majority, Senate Bill 592 is declared passed. Senator Sieben, on Senate Bill 594. Do you wish to call your bill? Madam Secretary, read the bill.

Senate Bill 594. (Secretary reads title of bill) l60  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2lr 1993 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.

Thank your Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 594 amends the School Code and would allow school districts to use life safety funds to meet the handicapped accessibility requirements imposed by the Americans With Disabilities Act. Been Working on this issue With the State Board of Education, and they have issued an opinion outlining where they feel that there are permissible uses of life safety funds for handicapped accessibility. We have not completely resolved the issue, but I think We're making a step in the right direction, and move for the passage of Senate Bill 594.

FRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, Senator Siebenr to close.

Ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 594 pass. Those in favor will vote Aye. Those oppcsed, vote No . The voting is open. Have a1l voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, no voting Present. And House -- and Senate Bill 594, having received the constitutional majority, is declared passed. Senator DeLeo, for what reason do you rise? SENATOR DeLEO: Thank you, Mr. President. I'd like the record to indicate that 592 I was not -- recorded as not voting. I'd like the record to indicate that be voting Aye. As the chief cosponsor on 592.

PRESIDING OFFICER: (SENATOR WATSON) 16l  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 The record Wi1l... Very good. The record will show -- will - - so indicate. Senator Mahar, on Senate Bill 597. Out of the record. Senator Fitzgerald. Senate Bill 603. Senator Fitzgerald. do you wish this bill to return to 2nd Reading for the purpose of an amendment?

Yes, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald seeks leave of the Body to return Senate Bill 603 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading Senate Bill 603. Madam Secretary, are there any Floor amendments?

Floor Amendment No . 1, offered by Senator Fitzgerald.

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald, to explain your amendment.

Amendment No. to 603 was suggested by the Department of Professional Regulationr and it addresses some problems that they had with the bill as it was orlginally written: and that's all.

PRESIDING OFFICER: (SENATOR WATSON) Is there any other discussion? A11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments?

No further amendments, Mr. Presldent.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 609. Senator Maitland. Read the bill, Madam Secretary.

Senate Bill 609. l62  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leçislative Day April 21, 1993 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.

Thank you very much, Mr. President, Members of the Senate. Senate Bill 609 would allow out-of-state professional service corporations to obtain a certificate of authority under the Business Corporation Act to transact business in Illinois. Under under current 1aw in this State, foreign corporations may obtain a certificate of authority to transact business buslness in Illinois. There is no provision in the Act, however, pertaining to -- to out-of-state professional service corporations. The -- there was no opposition to the bill in committee, however, the Senate Democrats, namely, Senator Palmer, offered an amendment which we thought made the bill a -- a better bill, which simply said that foreign or out-of-state professional service corporations must comply With the proper regulatory authority. I know of no opposition; would seek your support.

PRESIDING OFFICER: (SENATOR WATSON) There any discussion? Seeing none, do you -- do you wish to close? Roll call. The question is, shall Senate Bill 609 pass. Those in favor will vote Aye. Opposedr vote Nay. The voting is open. Have al1 those voted who wish? Have all those voted who wish? Have all those voted Who Wish? Take the record. On that question, there are 55 Yea, no Nays, 1 voting Present. The bill, having received the required constitutional majority, is declared passed. Senate Bill 610. Senator Hasara. Madam Secretary, read the bill, please.

Senate Bi11 610. (Secretary reads title of bill) l63  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

Thank you, Mr. President. .senate Bill 610 amends the Environmental Protection Act. On July of each -- year, businesses are required to send to -- to EPA , toxic chemical release forms. The existing penalty for filing those forms late is up to ten tbousand dollars a day, a fine of up to fifty thousand dollars. This has been a terrible burden on some very small businesses. There certainly is no dispute about the necessity to file the forms. The only dispute is about the amount of the flne. So this bill only applies to the toxic chemical release forms and provides a fine of about a hundred dollars per day, after the first month. It also, with the agreement of the EPA, requires the EPA to notify the buslness by August if the report has not been flled. It seems to make a lot of sense, particularly with the number of small businesses that are struggling in our State, and I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) Any further discussion? Senator Hawkinson.

Thank you, Mr. President. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WATSON) The sponsor will yield .

Senator, did the amendment remove the objections of the Farm Bureau?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara. 164  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 21, 1993

Senator, the Farm Bureau uas for this bill ln its original form.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

Well, according to the April 12th bill track on Senate Bill 6lo...lmicrophone cutoffl... listed in opposition.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

Senator, have never been contacted by anyone from the Farm Bureau, and certainly was by some of the other groups that are farm-related, particularly the Fertilizer and Chemical Association. I cannot imagine why they would be opposed to this. It's a small business btll.

PRESIDING OFFICER: (SENATOR WATSON) Senator Raica.

Thank you, Mr. President. A question of the sponsor: if might.

PRESIDING OFFTCER: (SENATOR WATSON) Sponsor says she will yield, Senator Raica.

Senator, lt's -- it's just my understanding that what Wedre doing is -- instead of charging these facilities a large amount of - - of fine, we're going to now lower it to one hundred dollars. Can you tell me -- give me an example of just a couple of violations What this would -- I know it says -- according to the analysis, says is when the -- violation is a failure to file a required report or a notice in a timely fashion. Could that notice in a -- timely fashion: would that be let's just say 165  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 21y 1993 that they Were -- they had a chemical spill and they were supposed to file or or make a phone callr do anything like that. Is that possibly one of the things that -- that they would now be lowered to a hundred dollars for? What type of a report -- are we talking about besides the one?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

Senator, this does-- this has nothing to do with chemical spills. Right nowy on July 1 of every year, a business is required to notify EPA of a1l the chemicals it stores on its property. So, there are other regulations for spills that apply. This -- this does not apply to that.

PRESIDING OFFICER: (SENATOR WATSON) Senator Raica.

Yes, Senator, but it says I know what -- it says here, are required to file a report or - in a timely fashion a notice. What -- what are we talking about? You're Ealking about one particular incident. Give me another that we're talking about filing. What afraid of is that these places are going to get away with something that we night be sorry for, you know, and don't want to go back home -- because I've got a 1ot of problems in my district with certain industry, and I don't know if I feel real comfortable voting on this right now, and I just -- give me an example of What notice they can file in a timely fashiony other than what chemicals they have on the premise.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

That is the only nctice that this bill applies to . Senator, the bill was amended. Maybe you're looking at the original bill. 166  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 There was concern -- some concern under the original bill that lt would apply to more forms than just this and would jeopardize some federal funding. We clarified it in the amendment. It only applies to one report that's due on July l of every year. It's required by each bus.iness. No one will be able to get away With anything.

PRESIDING OFFICER: (SENATOR WATSON) Senator, you wish to close? Senator Hasara.

Thank you, Mr. President. This is definitely a good small-business bill. It seems to make a 1ot of sense. We see no - - certainly no danger in passing this bill, and I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 6l0 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, there are 57 Yea, no Nays, no voting Present. And Senate Bill 610, having received the constitutional majority, is declared passed. Senate Bill 623. Senator Mccracken. Read the bill, Madam Secretary.

Senate Bill 623. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Mccracken.

Thank you, Mr. President, Ladies and Gentlemen. This is a request of the Supreme Court. The Fourth Judicial District in the Appellate Court -- currently has two vacancies filled by assignment. Thls would make those assignments elective and l67  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 21y 1993 provide for their election at the next general election.

PRESIDING OFFICER: (SENATOR WATSON) Questions of the sponsor? Senator Cullerton.

Yes, would the sponsor yield?

PRESIDING OFFICER: (SENATOR WATSON) The sponsor says he'll yield, Senator Cullerton.

So -- as I understand your description, this will not impose any additional cost on the State whatsoever. Is that correct?

PRESIDING OFFICER: (SENATOR WATSON) Senator Mccracken.

Correct, because the -- theydre already filled by the Supreme Court. It's just the manner of filling them.

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.

And do you know of any amendments that are going to be offered to this bill over in the House?

PRESIDING OFFICER: (SENATOR WATSON) Senator Mccracken.

contemplated -- an amendment, and then recelved a phone call and decided against it. So my guess is it will stay pretty clean.

PRESIDING OFFICER: (SENATOR WATSON) Senator Mccracken, do you wish to close? If not: the question 1s, shall Senate Bill 623 pass. Those in favor will vote Aye . Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 58 Yes, no Nays, and no voting Present. Senate Bill 629 <sic> (623), having received the l68  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 constitutional majorityy is declared passed. Committee Reports.

Senator Maitland, Chair of the Committee on Appropriations, reports that the committee has recommended a1l of the following amendments to .senate Bills Be Adopted: Amendment 2 to Senate Bill 2687 Amendnent 16 to Senate Bill 311; Amendment 2 to Senate Bill 3137 Amendments 6, and 8 to Senate Bill 314: Amendments 7 and 9 to Senate Bill 315: Amendment to Senate Bill 3187 Amendment 6 to Senate Bill 319; Amendment 7 to Senate Bill 3207 Amendment to Senate Bill 3217 Amendment 2 to Senate Bill 5207 Amendment 2 to Senate Bill 521: Amendment l to Senate Bill 524: Amendments 4 and to Senate Bill 525; Amendments 3 and 4 to Senate Bill 527) Amendments 4, 5 and 6 to Senate Bill 5287 Amendments 3, 4 and 5 to Senate Bill 5297 Amendment 3 to Senate Bill 5327 Amendments 3 and 4 to Senate Bill 9447 Anendment to Senate Bill 9457 and Amendment 2 to Senate Bill 1099. Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measures have been assigned to committees: to the Education Committee - House Bills 579 and 895; to the Committee on Environment and Energy - House Bill 4692 Executive Committee - Amendment 6 to Senate Bill 900, and Hcuse Bills 689, 691, 1570 and 16527 to the Committee on Financial Institutions House Bill 13257 to Insurance, Pensions and Licensed Activities - House Bill 18097 to Judiciary - House Bills 69, 161, 672, 1356 and 1476: to Local Government and Elections Amendment 1 to Senate Bill 892, and House Bills 979 and 2173) to Public Hea1th and Welfare House Bills 961 and 1855: to Revenue - House Bills 293 and 1729) and Senate Amendment No. to Senate Bill 387) to State Governnent Operations and Executive Appointments House Bill 15397 and to Transportation House Bill 12247 Be Approved for Consideration - Amendment 2 to Senate Bill 779. 169  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 END OF TAPE TAPE 5

PRESIDING OFFICER: (SENATOR WATSON) We will now go to Senate Bills 2nd Reading on page 2, for the appropriations bills for the purpose of an amendment. We ask leave of the Body to go to that Order. Leave ls granted. Senator Weaver, on Senate Bill 268. Mr. Secretary, read the bill.

Senate Bill 268. (Secretary reads title of bill) 2nd Reading of *he bill. The Committee on Appropriations adopted one amendment.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been apprcved for consideration?

Amendment No. 2, offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maltland, to explain the amendment.

Thank you very muchr Mr. President and Members of the Senate. Let me first of a11 make a couple of brief -- brief comments with respect to the amendments that were offered by the Senate Republicans today in the Appropriations Committee. We have gleaned, as al1 of you know, very carefully the Governar's budget and found that there were a number of areas Where We Would offer and suggest some -- some adjustments to that budget. The anendments that we will offer -- we'll be offering today will -- will -- will be in the amount of about a hundred and sixty-five 170  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 million dollars in total cuts in General Revenue, With a net General Revenue cut of roughly one hundred forty-nine million dollars. The total impact of the cuts that We have offered this afternoon represent less than one half of one percent of the Governor's introduced budget. I would remind the Body that the adjustments that we've made received spirited discussion in committee. We recognize that what we are doing today is but the first step in a three- or a four-step process. There are those who support and those who don't support what we are about. We believe this is a responsible recommendation, and therefore, we offer those amendments this afternoon. Mr. President, with respect to Senate Bill 268, Floor Amendment No . 2 represents a forty-eight-hundred-dollar increase General Revenue, and the bill now stands at fifteen thousand four hundred dollars below the introduced level, and I would move its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, Senator Maitland moves the adoption of Amendment No . 2 to Senate Bill 268. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments that need to be approved for consideratlon?

No further amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 311. Senator Maitland . Mr. Secretary, read the bill.

Senate...tmicrophone cutoffl...3ll. (Secretary reads title of bill) 2nd Reading of the bill. Committee Amendment No. was defeated in committee.

PRESIDING OFFICER: (SENATOR WATSON) l71  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 Have there been any Floor amendments that have been approved for consideration?

Amendment No. l6, offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, to explain your amendment.

Thank you very much, Mr. President, Members of the Senate. Floor Amendment No. 16 is a decrease of eight million one hundred ninety thousand dollarsr and is an increase of one million two hundred thousand dollars in other fundsr and would move for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discusslon? Senator Severns.

Thank you, Mr. President. I just want the Membership to know that -- that the effect of this amendment reduces the funding for addlction treatment for Medicaid-eligible clients to the FY '93 estimated -- expenditure level and in the -- the amendment would, in effect, eliminate funding for the additional tWo thousand forty-one people who are waiting in line to be served. This is not the direction that this Chamber has said it wants to go r and I think the amendment is ill-advisable.

PRESIDING OFFICER: (SENATOR WATSON) Is there any other discussion? Seeing none, Senator Maitland, to close. Senator Maitland moves the adoption of Amendment No . 16 to Senate Bill 311. Those in favcrr say Aye. Oppased, Nay. The Ayes have it, and the amendment is adopted . Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON)  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 3rd Reading. Senate Bill 313. Senator Weaver. Out of the record. Senate Bill Senator beg your pardon. Senate Bill 313. Mr. Secretary, read the bill.

Senate Bill 313. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

Amendment No. is offered by Senators Rea and Ralph Dunn.

PRESIDING OFFICER: (SENATOR WATSON) Senator Rea, to explain your amendment. Senator Rea .

Thank you, Mr. President. Amendment 6 <sic> (1) would provide, based upcn the Governor's Task Force report, back the provision for planning constructlon of a Hsuper max'' prison, and this was one of the recommendations, one of the components of the task force that eame back from the Governor's report.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, Senator Rea moves the adoption of Amendment No. 1 to Senate Bill 313. A1l those in favor, say Aye. Oppcsed, Nay. A1l those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further amendments?

Amendment No. 2, offered by Senator Weaver.

PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver. Senator -- Maitland .

Thank you, Mr. President. 1'11 handle that for Senator l73  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Weaver. Floor Amendment No. 2 adds six million fifty thousand dollars in bond authorizatlon. I would move for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the ado/tion of Amendment No. 2 to Senate Bill 313. A11 those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 314. Senator Weaver. Mr. Secretary, read the bill.

Senate Bill (Secretary reads title of b111) 2nd Readinç of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Ploor amendments that have been approved for consideration?

Amendment No. 6 is offered by Senators Ralph Dunn and Rea.

PRESIDING OFFICER: (SENATOR WATSON) understand that Senator Maitland Will now be handling Republican amendments. Senator Maitland.

Thank you very much, Mr. President, Members of the Senate. Floor Amendment No. 6 adds sixty million dollars in Capital Development funds. I Would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, Senator Maitland moves for the adoption of Amendment No . 6 to Senate Bill 314. Those in favor, say Aye. Opposed, Nay. The Ayes have itr and the amendment adopted. Are there any further amendments? l74  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993

Amendment No. 7, offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, on Amendment No .

Thank you very muchv Mr. President, Members of the Senate. Floor Amendment No. 7 appropriates - is an add-cn - is one million nine hundred ninety thousand s1x hundred dollars. would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No. to Senate Bill 314. A11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further amendments?

Amendment No. offered by Senator Weaver.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, on Amendment No. 8.

Thank you very muchr Mr. President, Members of the Senate. Floor Amendment No. 8 is in the amount of four million dollars. would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No . 8 to Senate Bill 314. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further amendments?

No further amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Reading. Senate Bill 315. Senator Maitland. Mr. Secretary, read the bill. 175  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day Aprll 21, 1993

Senate Bill (Secretary reads title of bill) 2nd Readlng of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

Amendment No. 7: offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, on Amendment No.

Thank you very much, Mr. President, Members of the Senate. Amendment -- Floor Amendment No. is a reduction of one million five hundred seventy thousand dollars in General Revenue funds, an increase of eighteen million dollars in other funds. move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Severns.

Thank you, Mr. President. just want to point out to the Body for those who 've been supportive of the Prairie State 2000 Authority, the one job training program in this State that has received national recognition, and the one job training and retraining program that has demonstrated the kind of success that we wish every program would have, is being cut by one and a half million dollars. think it's not only a bad signal to send to those workers who need the training, but also a bad signal to send to our employers and nanufacturers throughout the State of Illinois. It 's not a healthy sign or a healthy signal in this State to be cutting in this program. Secondly, for those who also have companies, manufacturers and others who have participated in l76  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 21, 1993 the Individual Training Assistance Program, this amendment reduces that program by half a nillian as well. This is not a good amendment, and it's one that sends a signal that ls both unfortunate, unnecessary and inadvisable for this State at a time when the economy is in such difflculty. I would urge a No vote.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon.

Thank you, Mr. President. too y rise to point out to everyone in this Cbamber that this is a very, very bad amendment -- very, very bad amendment. It cuts out job training programs at the same time that people are struggling to get back on their feet, at the same time the other amendments cut out opportunities for educationg and we just cannot pile people into prisons and not give them opportunities to have job training and education. So I would urge a No vote on this amendment.

PRESIDING OFFICER: (SENATOR WATSON) Any other discussion? Senator Maitland, to close. Senator Maitland moves for the adoption of Amendment No. 7 to Senate Bill 315. All those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any other amendments?

Amendment No. 9, offered by Senator Petka.

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka.

Thank you very much, Mr. President, Members of the Senate. Senate No . 9 adds thirty-five thousand dollars from the Agricultural Premlum Fund for a county fair ln Kendall County. This passed out of the committee -- Appropriations Committee on a 15 to 0 vote, and I would ask for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) 177  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 Is there any discussion? Seeing none, Senator Petka moves for the adoption of Amendment No. 9 to Senate Bill 315. Those in favor, say Aye. Opposed, Nay. The Ayes have ite and the amendment is adopted. Are there any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bill 318. Senator Maitland. Mr. Secretaryr please read the bill.

Senate Bill 318. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been filed for approval?

Amendment No. 2 is offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.

Thank you very much, Mr. President, Members of the Senate. Floor Amendment No. 2 is a reduction of seven million forty-two thousand eight hundred dollars in General Revenue funds, and I would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Severns.

Thank you, Mr. President. For those in this Chamber Who have worked to see the Mental Hea1th Reform Plan implemented, this amendment strikes at the very gut of that plan. This amendment cuts in half the assertive case management caseload, and 178  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 unfortunately, it could not -- they could not answer in committee how those people are going to be served . While the premlse of this amendment is that we, tn fact, save dollars, it is our premise that by that Assertive Case Management Program being cut in half, there will be at least seven hundred and thirty-one individuals who will probably land in State-operated faeilities. Our question is, where are they going to land, and who 's going to pay for it. This amendnent cuts that program and cuts the very initiative in the Mental Health Reform Plan. I would urge a No vote.

PRESIDING OFFICER: (SENATOR WATSON) Any other discussion? If not, Senator Maitland, to close. Senator Maitland moves the adoption cf Amendment No. 2 to Senate Bill 318. Those in favor, say Aye. Opposed , Nays and the Ayes have it. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. For what reason does Senator Hendon rise?

Mr. Chairman -- thank you very mueh. Mr. Presidente we -- we requested a roll call on that amendmentr because I think people should be on record if they are -- are against taking care of the - - the people who have mental illness in this -- in this State or nct.

PRESIDING OFFICER: (SENATOR WATSON) Okay. Yes, sir, Senator. We 'll have a roll call. Al1 those in favor of Floor Amendment No. 2 to Senate Bill 318, vote Aye. Opposed , vote Nay. The voting ls open. Have al1 voted who wish? Have a1l voted who wish? Have al1 voted who wish? Take the record . There are 30 Ayes, 23 Nays, 2 voting Present. The amendnent is adopted. Are there any further amendments? 179  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 2l, 1993

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 319. Senator Maitland. Mr. Secretary, please read the bill.

Senate Bill 319. (Secretary reads title of bill) 2nd Reading of the bill. Amendment No. 1 in committee was defeated.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

Amendment No. 6, offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, to explain the anendment.

Thank you very much, Mr. Presidentr Members of the Senate. Floor Amendment No. 6 is a reduction of one hundred forty-one mlllion three hundred and fifty-six thousand eiqht hundred dollars, and 1et me briefly explain this amendment, because obviously is the largest amendment that we'll have this afternoon. It reduces operations by by eight million nine hundred eighty-seven thousand dollars. It it further reduces our General Revenue grants in the amount of a hundred and thirty-two million three hundred and slxty-nine thousand dollars by eliminating the twenty-five-dollar-per-month grant increase to two- and three-member family member recipient families - that's in the amount of twenty million dollars; reducing Transitional Assistance by three million dollars to the FY'93 expenditure level; reducing funding for Healthy Moms/Healthy Kids 180  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 by thirty-three million nine hundred and ninety thousand dollars, and this is being done because we frankly don't believe that that program can be fully funded. We support the program stronglyr as you do, but we believe this is a responsible reductlon. It eliminates the proposed five-percent rate increase for HMOs in the anount of three million four hundred thousand dollars. It reduces long-term care by forty-eight million dollars to allow for a six-month 3.5-percent rate increase as opposed to the proposed full-year 5.6. Further, it reduces hospital in-patient line by twenty-two million to allow fcr a six-month 3.5 percent rate increase as opposed to the full -- full-year 4.7 increase. I would move for the adoption, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Smith.

Thank you, Mr. President and Members of the Senate. would like to respond to this amendment that was made -- Amendment No. 6 to Senate Bill 319. I recall that our budget stated that the Department of Public Aid Would have six -- billion dollarsr and this amendment, made by our -- our committee, cut out one -- reduced it to one hundred and forty-one million two hundred and sixty-seven thousand dollars, which would reduce the funding to the Aid to Familles of -- with Dependent Childrenr which is sorily needed. As he just stated that two- to three- persons AFD <sic> families would be affected. And then - I'm goin: to go down quick: but that's cne of the main ones that's going to be affected. Then you're going to have -- we had voted about the Transitional Assistance Program. Theydre going to cut that by three million dollars and to the FY'93 estinated expenditure level of forty-four million three hundred thousand dollars. The Department had requested three million above the Fiscal Year '93 and estinated expenditure to increase services levels from l81  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 eighteen thousand three hundred to - in Fiscal '93 to twenty thousand in Flscal '94. In Fiscal '93 over seventy-five thousand people Were termlnated from the Transitional Assistance Program. Even With the fifteen thousand people to be served by Earn Fare and full Transitional Assistance requests, close to fifty thousand people Who are former Transitional Assistance recipients will not receive any aid Whatsoever this new budget of his. And also he talked about the reduclng funds of the Healthy Moms and Healthy Kids. Now our Governor made a speech and said he had allocated eighty-one billion dollars for this program, and they are cutting out thirty-three thousand -- thirty-three million nine hundred thousand dollars, which forty-two percent, to reduce that program , and that's going to cut the physicians out; it's going to cut their case managers and those who are over transportation and want to travel. This is especially damaging to a1l of you downstaters, because some of your clients already have to travel to a different county to obtain services. They 're going to reduce the funding for hospital in-patients ' reimbursement by twenty-two million nine hundred and sixty-six thousand, and they 're going to reduce the funding for long-term care by forty-eight million eight hundred and twelve thousand dollars, and a1l of these things are going to be affectlng your budget for this next coming year. think that we should vote against this. Earn Fare was one of the things that they said they were çoing to keep up. The Governor wanted us for Healthy Mons and Healthy Kids, and he was -- had a press conference ln Chicago here, last week, and talking -- telling everybody that -- What he was going to do, and everybody was excited. And now they're telling us that we don't need think that We should vote No on this, and the people in the Department of DCSF Isic> (DCFS), they really need their money. think that we should vote No on this.

PRESIDING OFFICER: (SENATOR WATSON) l82  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 Further discussion? Senator Severns.

Thank you, Mr. President. If thls Chamber isn't going to pay attention to any other amendment this evening, this is one amendment this Chamber should pay attention to. It seems .to me that if there was one message that came through the last election, throughout not only every corner of this State, but probably throughout the country, given the results the Presidential Election, is that health care and the delivery of those services is of major concern to our constituents. And yet this amendment: by the adoption -- by its adoptlon, strtkes one hundred and nine million from medical services and health care delivery very specifically to those long-term care providers Who have complained month-in and month-out that the rates are too long -- the rates are too low and their payment cycle is too long. This reduces funding for long-term care by nearly forty-nine million dollars. The extension of the payment cycle will most likely go beyond the average of eighty days, if a long-term care provider is lucky. Violation of the federal Bogard decision appears to be imminent with this amendment, and most certainly reduction in reimbursement rates should occur this adopted. It reduces funding for hospital in-patient reimbursement by nearly twenty-three million dollars, and for the hospitals in your district and mine who have complained that the rates are already too low and the payments are already too late, this amendment will only cause that difficulty to grow. reduces funding for Health Malntenance Organizations by three and a half million dollars. seems to me with this amendment we're moving in a direction that runs counter to the wishes of constituents thrcughout this State. To cut health care and that's what this amendment is doing - and to hamper the delivery of needed health care throughout every corner of this State seems to be ridiculous. I don 't know -- whyr with al1 the 183  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 cuts that could be made, why you've decided that this seems to be the direction you want to move. I would suggest your hospitals, your long-term care providersr your HMOs and anyone -- anyone in your district that is concerned about the escalating costs of health care and the length of time that it takes the State to pay those billsy I would vote No.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, do you wish to close?

Well, yes, Mr. President and thank you so very much. Senator Smith, we didn 't cut anythtng. Everything in this budget represents an increase over last year. We lapsed thirty million dollars in Transiticnal last year, and we used that money for some other worthwhile purposes that you and both supported . We didn't cut anything at all. You mentioned DCFS. Senator, they 're not even in this amendment. Theypre not even in this amendment. We haven 't touched them here. Senator Severns, the week the week before We left on Easter break, you a11 sent out news releases to district after district, suggesting that we were unwilling to listen or support a budget that you were going to be offer -- reductions. You targeted Senator Donahue's district and others, that there was no support that there Was no support. And then we came back, and you, Senator Severns - you - introduced an amendment that cut the very areas that you are criticizing us for cutting, in a much more moderate way: in the amount of two hundred and sixty-six million dollars. You, Senator Severns, did that, and you stand on this Floor today and you make statements like that. We have much more modest adjustments in this budget. I made the statement in committee today that this is What -- but one major step in our budgeting process. There may be some further adjustments that need to be made in this budget. But, Senator Severns, fair is fair is fair, and you absolutely are 184  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2lr 1993 wrong to stand on this Floor and admonish us for making cuts that actually are increases over last year, when your two hundred and sixty-six mlllion dollar cut last week - the amendment sponsored b# you - would have destroyed the system. And we can go from amendment after amendment. These are responsible amendments that will allow us to nove through the process. Yours were not. And I said this afternoon, didn 't Want to get partisan in this, but when you come back with that kind of a statement, then it becomes a partisan issue. I nove for the adoptlonr Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland was closing. Senator Maitland moves for the adoption of Amendment No. 6 to Senate Bill 319. Those in favor, say Aye. Opposed, Nay . The Ayes have Roll call has been requested. A11 those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have voted who Wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. There are 32 Yesr 25 Nor no voting Present. Amendment No. 6 to Senate Bill 3l9 is adopted. Any other amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 320. Senator Maitland. Mr. Secretaryr read the bill.

Senate Bi11 320. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted Amendment defeated Amendment No .

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

l85  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 Amendment No. 7 is offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.

Thank you very muchy Mr. President, Members of the Senate. Floor Amendment No. is an increase of three hundred and sixty-three thousand dollars. It restores that amount of money for workmen's compensation claims. This money -- this money was - - Was reduced inadvertently in Committee Amendment No . I would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No. 7 to Senate Bill 320. A11 those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) For what purpose does Senator Hendon rise?

1'11 wait till the next oney Mr. President, since you -- that has gone by already. Is that correct?

PRESIDING OFFICER: (SENATOR WATSON) Al1 right. 3rd Reading . Senate Bill 321. Senator Maitland. Read the billy Mr. Secretary.

Senate Bill 321. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OEFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration? l86  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

Amendment No. 3 is offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.

Thank you -- thank you very much, Mr. President, Members of *he Senate. Floor Amendment No. 3 is a reductton of one million three hundred forty-nine thousand dollars, and I Would move for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Floor Amendment No. 3. Is there any discussion? Senator Hendon.

Thank you, Mr. President. rise against these cuts in the Department of Children and Family Services, and while up: just wanted to deal very briefly with the figure of six hundred million dollars that has been floating around a11 day in alleged Democratic cuts. It is truer Senator Maitland, that the Democrats on this side tried to find some cuts and took a look at a lot of areas, because We, too, are fiscally responsible; but as soon as we saw the cuts, as soon as this Senator laid eyes on the cuts, said no, a 1ot of my colleagues said no. But we do have a responsibility to look for those cuts just like you look for those cuts. Sor yes, we did look for some cuts, but we never put those amendments forward; we never voted for those amendments. When we reallzed that they Would be hurting people, we said no and sent our staff back to do a better job. And a1l we're saying to you is these cuts that you're making are draconian and bad, and you should do the same thing that we did. But instead of looking at and seeing your cuts were bad, you're moving them forward. We didn't move the ones forward that we Were looking at, and I urge a No vote on this matter. l87  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, to close.

Thank you very much, Mr. Presldent, Members of the Senate. Senator, you introduced the amendments; you had your press conference; you sent out your news releases. Mr. President, I further move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No. 3 to Senate Bill 321. Those in favor, say Aye. Opposedr Nay. The Ayes have it, and the amendment is adopted . Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 342. Senator Fitzgerald. Please read the blll, Mr. Secretary.

Senate Bill 342. (Secretary reads title of bill) 2nd Reading of the b111. No commlttee or Floor amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 506. Senator Maitland. Read the bill, Mr. Secretary.

Senate Bill 506. (Secretary reads title of bi11) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 511. Senator Maitland. Read the bill, Mr. Secretary. 188  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

Senate Bill 511. (Secretary reads title of bl11) 2nd Reading of the bill. No committee or Floor anendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 512. Senator Maitland. Please read the bill, Mr. Secretary.

Senate Bill 512. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill Senator Maitland. Please read the bill, Mr. Secretary.

Senate Bill 513. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill Senator Maitland. Please read the bill, Mr. Secretary.

Senate Bill 514. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 515. Senator Maitland . Please read the bill, Mr. Secretary .

Senate Bill 515. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. 189  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 516. Senator Maitland. Please read the bill, Mr. Secretary.

Senate Bill 516. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 520. Senator Maitland . Please read the bill, Mr. Secretary.

Senate Bill 520. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration, Mr. Secretary?

Amendment No. 2 is offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, on Amendment No.

Thank you very much, Mr. President, Members of the Senate. Floor Amendment No. 2 is a reduction of one hundred and four thousand nine hundred dollars. would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, Senator Maitland moves for the adoption of Amendment No. 2 to Senate Bill 520. Al1 those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any further amendments?

No further amendments reported, Mr. President. l90  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 2l, 1993

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bill Senator Maitland. Please read the bill, Mr. Secretary.

Senate Bill 521. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

Senator Maitland offers Amendment No .

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.

Thank you thank you, Mr. President, Members of the Senate. Floor Amendment No. 2 is an increase of one hundred and seven thousand three hundred dollars in General Revenue money, and an increase of three hundred fifty-eight thousand two hundred dollars in other funds. I would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, Senator Maitland moves that Floor Amendment No. 2 to Senate Bill 521 Be Adopted. Al1 those in favor, say Aye. Opposed r Nay. The Ayes have itr and the amendment is adopted. Senate Bill 525. Senator Weaver. Any further amendments? I beg your pardon.

No further amendments reported , Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 525. Senator Weaver. Please read the bill. All right, we'll go back to Senate Bill 524, which is an appropriation bill. Senator Donahue, do you wish the bill to be 19l  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 called? Please read the blll, Mr. Secretary.

Senate Bill 524. (Secretary reads title of bill) 2nd Reading of the bill. No committee anendments.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

Amendment No. 1, offered by Senator Donahue.

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue, on Amendment No. 1.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No . simply changes the equalization threshold in a rate bill. I would move for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, Senator Donahue moves for the adoption of Amendment No . 1 to Senate Bill 524. Those in favore say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bi11 525. Senator Weaver. Mr. Secretary, please read the bill.

Senate Bill 525. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted Amendment No. 1, defeated Amendment No. 2.

PRESIDING OFFICER: (SENATOR WATSON) 192  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Have there been any Floor amendments that have been approved for consideration?

Amendment No . 4 ls offered by Senator Maitland. PRESIDING OFFICER:. (SENATOR WATSON) Senator Maitland, on Amendment No. 4.

Thank you very much, Mr. President, Members of the Senate. Floor Amendment No. 4 is a reducticn of seven hundred and sixty-five thousand dollars. I would move for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No . 4 to Senate Bill 525. Any discussion? Senator Jones.

Yes. I -- I yield to Senator Severns on this.

PRESIDING OFFICER: (SENATOR WATSON) Senator Severns.

Thank you, Mr. President. We've heard a 1ot of discusslon on this Floor today about Chicago schools in particular, and abcut the quality of education. The troubling thing about this amendment, or at least one troubling item, is that something that tries to improve the opportunity for young people to be able to work their way through grade school and high school and prepare for college is being cut by this amendment. The minority recrultment, retention, and educational achlevement grants are awarded to lnstitutions so that they may implement programs which prepare grade school and high school students for college. By reducing these funds - a program that has proved success and a program that is not very costly - the board will either have to reduce the number of awards or -- or the amount per award. The effect of this is that less minorities will receive tutoring. l93  STATE 0E ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 don't think that's the direction we want to go, and think, based on the many comments from the other side of the aisle today, it ought not be an amendment that is accepted. For those who are involved with economic development and believe that economic development and its progress is tantamount to the progress of this State, this amendment also cuts economic development grants to provide funding in new manufacturing and technology centers at public universities and colleges. I don't think that's the direction we want to go either. It seems to me that this amendment, among other thlngs, is an amendment that is anti-progress, anti-economic development and anti-success in Illinois. And finally, to the last polnt that Senator Maitland made in his closlng comments on tbe last amendment: Youfre rightr Senator Maitland, our amendment did make some cuts, but the difference between our amendment and yours is that we admitted that we made a mistake; we withdrew those amendments. We withdrew them because we didn't want to see health care cuts. Your amendment that you just adopted cuts health care to the core in Jllinois. This amendment that's being offered would cue minoriey recruitmentr retention and educational achievement grants, economic development grants, health service education grants, among others. I would urge a Nc vote.

PRESIDING OFEICER: (SENATOR WATSON) Any other discussion? Senator Maltlandy to close. Senator Maitland moves adoptlon of Amendment No . 4 to Senate Bill 525. Those in favor, say Aye. Opposed, Nay. The Ayes have itr and the amendment is adopted. Any further amendments?

Amendment No . 5, offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, on Amendment No. 5.

194  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 Thank you very much, Mr. President and Members of the Senate. Floor Amendment Nc. 5 is an increase of two hundred and one thousand three hundred dollars in General Revenue, and I would move for its adoptlon.

PRESIDING .OFFICER: (SENATOR WATSON) Any any discussion? Seeing none, Senator Maitland moves the adoptlon of Amendment No. 5 to Senate Bill 525. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment ls adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Senator Smith, for what purpose do you arise?

Roll call, if you please. Please do us that courtesy.

PRESIDING OFFICER: (SENATOR WATSON) Certainly, madam. All those in favor, vote Aye . On Amendment No. 5 to Senate Bill 525: al1 those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted who Wish? Have all voted who wish? Take the record. There are 31 Ayes, 21 Nays, no voting Present, and the amendment is adopted. Any further anendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 526. Senator Philip. Please read the bill, Mr. Secretary.

Senate Bill 526. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 195  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 3rd Reading. Senate Bill 527. Senator Donahue. Please read the bill, Mr. Seeretary.

Senate Bill 527. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted one amendment.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

Amendment No. 3, by Senator Donahue.

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue, on Amendment No. 3. Senator Donahue.

Thank you, Mr. President. Floor Amendment No. reduces GRF by twenty-six thousand dollars.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none: Senator Donahue moves the adoption of Amendment No. 3 to Senate Bill 527. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further amendments?

Amendment No. 4, offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, on Amendment No. 4.

Thank you very much, Mr. Presidentp Members of the Senate . Floor Amendment No. 4 is an increase of tWo million four hundred and fifty-five thousand dollars. I Would move for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No . 4 to 196  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCYIPT 38th Legislative Day April 2l, 1993 Senate Bill 527. Is there any discusslon? Seeing none, those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bi1l 528. Senator Woodyard. Read the bill, Mr. Secretary.

Senate Bill 528. (Secretary reads title of bill) 2nd Reading of the bill. The Committee cn Appropriations adopted one amendment.

PRESIDING OFEICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

Amendment No. 4, by Senator Maltland.

PRESIDING OFFICER: (SENATOR WATSON) Amendment No. Senator Maitland .

Thank ycu very much, Mr. President, Members of the Senate. Floor Amendment No. 4 is a decrease of eight hundred twenty-six thousand seven hundred dollars. I would move for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Severns.

Thank you, Mr. President. Once againy while a11 of us - every one of us - in this Chamber keep talking about the importance of progress in education and we realize that our progress education will determine every bit of progress we make in this State, this amendment is a step in the wrong direction. There ls 197  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 a 1ot of problems with this amendment, but one that find especially troubling is that scholarships for minority teachers is cut by fifty-eight and a half percent. Granted, the -- the amount the proposed amount -- by the Governor went up for the proposed FY'94 Budgetr but I submit to you, it went up for a reason. It went up because in his budget he knew it was right. I think we ought to keep it in there, and this amendment would cut it out. I don't think we need to be cutting minority teacher scholarships by fifty-eight and a half percent, and I would urge a No vote.

PRESIDING OFFICER: (SENATOR WATSON) Any other discussion? Senator Maitlandr to close.

Thank you very much, Mr. President and Members of the Senate. Senator Severns, just to make you aware of the fact that remaining in the budget today, after these adjustments, we have seven million nine hundred fifty thousand dollars in minority grants. That's over and above that's over and above - listen - over and above the MAP awards which generates a 1ot of money into low-income households, as well. It's not as though wedre not dolng anythingr and the adjustments we make in this amendment take it to the '93 level.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves the adoption of Amendment No . 4 to Senate Bill 528. Those in favor, say Aye. Opposed, Nay. The Ayes have and the anendment is adopted. Any further amendments?

Amendment No. 5 is offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, on Amendment No.

Thank you very much, Mr. President, Members of the Senate. l98  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 2l, 1993 Floor Amendment No. is an increase of one million eight hundred thirteen thousand three hundred dollars in the MAP Award Program . I would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No. 5 to Senate Bill 528. Those in favor, say Aye. Opposed, Nay . The Ayes have it, and the amendment is adopted . Any further amendments?

Amendment No. 6, offered by Senator Woodyard.

PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard, on Amendment No.

Thank you, Mr. President, Members of the Senate. Floor Amendment No. 6 adds two million one hundred seventy-five thousand six hundred dollars for the MAP grants, as well as the one-percent salary increase. I would move for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard moves for the adoption of Amendment No . 6 to Senate Bill 528. Those in favor, say Aye. Opposed, Nay. The Ayes have ity and the amendment adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 529. Senator Weaver? Mr. Secretary, please read the bill.

Senate Bill 529. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Flcor amendments that have been approved 199  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 for consideration?

Amendment No. is offered by Senator Maltland.

PRESIDING OEFICER: (SENATOR WATSON) Senator Maitland: on Amendment No . 3.

Thank you very muchr Mr. President and Members of the Senate. Floor Amendment No. is a decrease of three hundred forty-six thousand six hundred dollars. I would move for its adoption.

PRESIDING OEFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No. 3 to Senate Bill 529. Those in favory say Aye. Opposed, Nay. The Ayes have and the amendment is adopted . Any further amendments?

Amendment No. 4, by Senator Maitland .

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland, on Amendment No. 4.

Thank you very much, Mr. President and Members of the Senate. Floor Amendment No. 4 is a decrease of three million eight hundred and twelve thousand four hundred dollars. I would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No. 4 to Senate Bill 529. Al1 those in favcr, say Aye. Opposedr Nay. I beg your pardon. Senator Maitland. Senator Maitland.

Mr. Presidentr apologize. I misspoke. Floor -- Floor Amendment No. 4 is an increase of three million eight hundred and twelve thousand four hundred dollars. wouldr thereforer renew my motion and move for the adoption. 200  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993

PRESIDING OFFICER: (SENATOR WATSON) Is there any discusslon? Hearing none. Senator Maitland moves for the adoption of Amendment No. 4 to Senate Bill 529. Those in favor, say Aye. Opposedv Nay. The Ayes have itr and the amendment is adopted. Any further amendments?

Amendment No. 5, by Senator Maitland. PRESIDING OFFTCERJ (SENATOR WATSON) Amendment No. Senator Maitland.

Floor Amendment -- Mr. President, Floor Amendment No . 5 is a technical amendment. I'd move for the adcption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No . to Senate Bill 529. Those in favor, say Aye. Opposed, Nay . The Ayes have it, and the amendment is adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Reading . Senate Bill 532. Senator Ralph Dunn. Read the bill, Mr. Secretary.

Senate Bill 532. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

Amendment No. 3, by Senator Dunn. 20l  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993

PRESIDING OFFICER: (SENATOR WATSON) Senator Dunn, Ralph Dunn.

Thank you, Mr. President. Flocr Amendment No. 3 adds one million two hundred and seventy thousand nine hundred dollars for personal service funding to provide a one-percent increase in the SIU system.

PRESIDING OFFICER: (SENATOR WATSON) Senator Ralph Dunn moves for the adoption of Amendment No. to Senate Bill 532. Those in favorr say Aye. Opposedr Nay. The Ayes have it, and the amendment ls adopted . Any further amendments?

No further amendments reported.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bill 872. Senator Carroll. Senator Severns. Senator Severns.

Thank you, Mr. President. I'd like to seek leave to move Senate Bill 872 from 2nd to 3rd.

PRESIDING OFFICER: (SENATOR WATSON) Leave is granted. Senate Bill 872. Read the billr Mr. Secretary.

Senate Bill 872. (Secretary reads title of bi11) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 873. Senator Severns. Read the bill, Mr. Secretary.

Senate Bill 873. 202  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFEICER: (SENATOR WATSON) 3rd Reading. Senate Bill 874. Senator Severns. Please read the bill, Mr. Secretary.

Senate Bill 874. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 875. Senator Hall. Please read the bill, Mr. Secretary.

Senate Bill 875. (Secretary reads title of bill) 2nd Reading of the bill. No conmittee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 876. Senator Severns. Please read the bill.

Senate Bill 876. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 877. Senator Hall. Please read the bill, Mr. Secretary.

Senate Bill 877. (Secretary reads title of bi11) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 882. Senator Hall. Please read the 203  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Leglslative Day April 2l, 1993 bill, Mr. Secretary.

Senate Bill 882. (Secretary reads title of bill) 2nd Reading oc the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 944. Senator Maitland. Please read the bill, Mr. Secretary.

Senate Bill 944. (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Appropriations adopted one amendment.

PRESIDTNG OFFTCER: (EENATOR WATSON) Have there been any Floor amendnents that have been approved for consideration?

Amendment No. by Senator Maltland .

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.

Thank you very much, Mr. Presidente Members of the Senate. Floor Amendment No. 3 is a reduction of one million four hundred and seventy-one thousand dollars. would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, Senator Maitland moves for the adoption of Amendment No. to Senate Bill 944. A11 those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any further amendments?

Amendment No. 4, by Senator Maitland.

PRESIDING OFFICER: (SENATOR WATSON) 204  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 Senator Maitland .

Thank you very much, Mr. Presidenty Members of the Senate. Floor Amendment No. 4 is an tncrease of one million three hundred seventy-six thousand dollars. I would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, Senator Maitland has moved for the adoption of Amendment No. 4 to Senate Bill 944. Those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 945. Senator Severns. Please read the bill.

Senate Bill 945. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted one amendment.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

Amendment No. 3, by Senator Donahue.

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. Amendment -- Eloor Amendment No. 3 adds one million two hundred and fifty-four thousand nine hundred dollars GRF to Senate Bill 945. 205  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislatlve Day April 2l, 1993

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, Senator Donahue moves that -- the adoption of Amendment No. 3 to Senate Bill 945. Those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1099. Senator Weaver. Please read the billr Mr. Secretary.

Senate Bill 1099. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted Amendment No.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration?

Floor Amendment No. 2, offered by Senator Maitland .

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland .

Thank you very much, Mr. President, Members of the Senate. Floor Amendment No. 2 is an increase of four hundred forty-seven thousand nlne hundred dollars. I would move for the adoption.

PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves for the adoption of Amendment No. 2 to Senate Bill 1099. All those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any further amendments?

206  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21, 1993 No further amendments reported, Mr. President.

PRESIDING OPFICER: (SENATOR WATSON) 3rd Reading.

Senator Madlgan, for What purpose do you rise?

To make an announcement, Mr. President.

Make your announcement.

Thank you, Mr. President. The Committee on Insurance, Pensions and Licensed Activities will not meet - will not meet tomorrow evening.

Senator Weaver, for what purpose do you rise?

Thank you, Mr. President. I'd like to switch sponsorship of Senate Bill 940 from Senator Weaver to Senator Mccracken.

Is there leave? Leave is granted. Messages from the House.

A Message from the House by Mr. Rossi, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of Which am instructed to ask the concurrence of the Senate, to wit: House Bill 1045, 1049, 1053, 1316, 1396, 1443, 1739, 1934, 2262, 2263. A11 passed the Houser April 21st# 1993. We have like Messages on House Bills 49, 355: 696, 1601, 1686, 2079, 2182, 2265, 2352, 458, 465, 482, 1075, 1624, 1626, 1748, 1792, 1853, 2157, 685, 814: 973, 1038, 1040, 1043, 1816: 1882, 207  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21# 1993 1883 and 2040. A1l passed the House, April 21, 1993. From Anthony D. Rossi: Clerk of the House.

House Bills lst Reading .

House Bill 71, offered by Senator Lapaille. (Secretary reads title of bill) House Bill 335, Senator Lapaille. (Secretary reads title of bill) House Bill 1109, Senator Lapaille. (Secretary reads title of bl11) House Bill 1253, Senator Hawkinson. (Secretary reads title of bill) House Bill 1298, Senator Toplnka. (Secretary reads title of bill) House Bill 1299, Senator Cullerton. (Secretary reads title of bill) House Bill 1344, Senator Tom Dunn. (Secretary reads title of bill) House Bill 1441, Senator Donahue. (Secretary reads title of bill) House Bill 1453, Senator Tom Dunn. (Secretary reads title of bill) House Bill 1643, Senator Dudycz. (Secretary reads title of bill) House B1ll 1790, by Senator Mccracken and others. (Secretary reads tltle of bill) House Bill 1808, Senator Barkhausen. (Secretary reads title of b111) House Bill 1848, Senator Cullerton. (Secretary reads title of bill) 208  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 2l, 1993 House Bill 1901, by Senators Mccracken and Molaro. (Secretary reads title of bill) House Bill 1906, by Senators Mccracken and Molaro. (Secretary reads title of bill) House Bill 1907, by Senators Mccracken and Molaro. (Secretary reads title of bill) House Bill 2082, by Senator Weaver. (Secretary reads title of bill) And House Bill 2420, by Senator Lapaille. (Secretary reads title of bill) lst Reading of the bills, Mr. President.

Senator Topinka, for what purpose do you rise?

Yes. Two items of business, if I may, Mr. President. First, I would like to announce that Public Hea1th and Welfare, which was to meet tomorrow nlght at o'clock, will not meet. It's my understanding that the length of our Session will kind of preempt that, so we Will not meet. And second of all, would like to seek suspension of the rules for the immediate consideration of Senate Resolution 273, which is congratulatory, and is needed Friday at a presentation.

Senator Topinka moves to suspend the rules for the purpose of the -- immediate consideration and adoption of Senate Joint Resolution 73 Islc> (SR273). those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have The rules are suspended. Senator Topinka, on Senate Resolution Senator Topinka.

It's merely congratulating the retirement of a National Guardsman. 209  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 38th Legislative Day April 21r 1993

Senator Toplnka has moved the adoption of Senate Joint Ksic> Resolution A11 those in favor, signify by saylng Aye. Those opposed, Nay. Ayes have The motion -- the amendment -- the resolution is adopted. Resolutions.

Senate Resolution 284, offered by Senator Raica. And Senate Resolution 285, offered by Senator Woodyard. They're both congratulatory, Mr. President.

Consent Calendar.

Senate Resolution 286, offered by Senators Molaro, Ste-rn and others. It's substantive.

Executlve Committee. ...tmicrophone cutoffl...the purpose of announcement, -- and I might remind the Members, if you 're picking up House Bills, to to request the chairmen of those committees to post those bills so we can have hearings. If there isn't any further business to come before the Senate, Senator Weaver moves that the Senate stand adjourned until 9 a.m. tomorrow morning. Wefre going to start on Readings, and I hope everybody would be here on time. The Senate stands adjourned. 210 e'. , REPORT: TIFLDAT STATE OF ILLIMOIS 9M/11/16 PAGE: 001 88TH GEMERAL ASSEMBLY 11:58:01 SEMâTE DAILY TRANSCRIPTION OF DEBATE INDEX ZPRIL HB-0032 FIRST HB-0035 FIRST HB-0069 FIRST HB-0071 FIRST HB-0161 FIRST HB-0176 FIRST H8-0293 FIRST H8-0335 FIRST H8-0382 FIRST HB-0R69 FIRST HB-0M7R FIRST H8-0579 FIRST H8-0667 FIRST H8-0672 FIRST H8-0675 FIHST H8-0689 FIRST HB-0691 FIRST H8-0895 FIRST H8-0936 FIRST HB-0961 FIRST H8-0979 FIRST HB-1077 FIRST HB-1090 FIRST HB-1109 FIRST HB-1158 FIRST HB-116k FIRST HB-122û FIRST H8-1235 FIRST H8-1253 FIRST HB-1261 FIRST HB-1281 FIRST H8-1298 FIRST H8-1299 FIRST H8-1325 FIRST H8-1332 FIRST HB-13RM FIRST H8-1356 FIRST H8-1362 FIRST H3-1:26 FIRST HB-1Rk: FIRST HB-1R52 FIRST HB-1R53 FIRST HB-1M56 FIRST HB-1q76 FIRST HB-1R96 FIRST H8-1539 FIBST H8-1570 FIRST HB-16k3 FIRST H8-1652 FIRST HB-1671 FIRST H8-1729 FIRST HB-1790 FIRST HB-1808 FIRST HB-1809 FIRST HB-18R8 FIRST H8-1855 FIRST HB-1901 FIRST HB-19O3 FIRST HB-1906 FIRST HB-1907 FIRST HB-1983 FIRST H8-2082 FIRST H8-2152 FIRST HB-216O FIRST REPORT: TIFLDAY STATE OF ILLINOIS 9R/11/16 PZGE: 002 88TH GENERZL ASSEHBLY 11:58:01 SENATE DAILY TRANSCRIPTIOV OF DEBZTE INDEX ZPRIL 21? :993 H8-2173 FIRST READIMG H8-2195 FIRST REZDING H8-2223 FIRST REZDIMG HB-2k20 FIRST REZDIMG SB-0017 THIRD REZDIVG SB-0017 OUT OF RECORD SB-003R RECZLLED SB-00R1 THIRD REZDIMG SB-00R5 RECZLLED SB-0051 THiRD READING SB-0089 THIRD REZDIMG SB-0100 THIBD READIMG SB-0127 THIRD REZDING 58-0128 SECOND READIMG SB-0129 RECZLLED SB-0130 SECOND READIMG SB-0131 THIRD READIMG SB-0135 THIRD READING SB-01R9 THIRD READIMG SB-0157 THIRD READIMG SB-0159 THIRD REZDIMG 58-0206 SECOND READIMG SB-0209 RECALLED SB-0211 RECALLED 58-0227 SECOND READIMG 58-0228 THIRD REZDIMG SB-0231 RECALLED 58-0252 THIRD READIMG 58-0258 THIRD REZDIMG 58-0262 THIRD REZDIMG 58-0268 SECOMD READING 58-0275 RECALLED SB-03:0 THIRD RERDIMG SB-0311 SECOND READING SB-O313 SECOND READING SB-031V SECOMD READING SB-0315 SECOND READIMG 58-0318 SECOND READING SB-0319 SECOND READIMG 38-0320 SECOND REZDING SB-0321 SECOMD REâDIMG SB-03R2 SECOND REZDING SB-038R RECALLED SB-0R35 THIRD REZDING SB-0MR2 THiRD READiMG SB-0RM7 SECOMD REZDING SB-0k73 SECOMD READING SB-0R86 THIRD REZDiNG SB-050R THIRD REZDING SB-0506 SECOMD READING SB-0511 SECOND READING SB-0512 SECOMD READING SB-0513 SECOMD REZDIMG SB-051R SECOND READIMG SB-0515 SECOND READING SB-0516 SECOMD REâDING SB-0520 SECOND REZDING SB-O521 SECOMD REZDING SB-052M SECOKD REZDING 58-0525 SECOMD READING 58-0526 SECOMD READING 58-0527 SECOND READING 58-0528 SECOMD READING 58-0529 SECOMD READING REPORT: TIFLDAY STATE OF ILLINOIS 9:/11/16 PAGE: 003 88TH GENERAL ASSEHBLY 11:58:01 SENATE DAILY TRANSCRIPTIOM OF DEBATE INDEX APRIL 21, 1993 58-0532 SECOND REZDING 58-0533 RECALLED 58-0536 RECALLED SB-05y5 THIRD READING SB-05k8 THIRD REZDiMG 58-0552 RECALLED SB-055R THIRD READiNG 58-0561 THIRD REZDING 58-0570 RECALLED SB-05T7 RECALLED 58-0582 THIRD READING 58-0586 RECALLED 58-0590 SECOMD REZDING SB-0590 DISCUSSED 38-0592 THIRD READIMG 58-0592 OTHER SB-059k THIRD READING SB-0603 RECALLED 58-0609 THIRD READING SB-061O THIRD READIMG 38-0623 THIRD REZDIMG 58-0625 SECOND READIMG 58-0625 OUT OF RECORD 58-0672 SECOND REZDING 58-0872 SECOND READIMG 58-0873 SECOMD READIMG SB-087M SECOND READIMG 58-0875 SECOMD REZDING 58-0875 SECOMD READIèIG s8-0877 SECOND REâDING 58-0882 SECOMD REZDING SB-09R0 OTHER sB-09MM SECOND READIMG sB-09R5 SECOND READIMG SB-1099 SECOND REZDIVG 5R-0273 ZDOPTED 5R-0282 RESOLUTIOM OFFERED 5R-0283 RESOLUTIOM OFFERED 5R-0284 RESOLUTIOM OFFERED 5R-0285 RESOLUTION OFFERED :R-0286 RESOLUTIOM OFFERED SUBJECT HATTER SEMATE TO ORDER-PRESIDEMT PHILIP PZGE PRZYER-REVEREND HUELLER PAGE JOURMZLS-POSTPONED PZGE MESSZGES FROM THE HOUSE PAGE 1 COHMITTEE REPORTS PZGE 58 IMTRODUCTION OF GUESTS-SENZTOR DEHUZIO PZGE 71 GUEST SPEâKER-REP. T0H RYDER PAGE 72 GUEST SPEZKER-COACH RIC JOHNS PAGE 72 MESSRGE FROM PRESIDEMT CF THE SEMATE PZGE 74 RECESS PAGE 9: SENATE RECONVENES PZGE 9: COHMITTEE REPORTS PAGE 95 MESSAGE FROM THE HOUSE PAGE 96 COHMITTEE REPORTS PZGE 169 MESSAGES FROH THE HOUSE PâGE 207 ADJOURNHEMT PAGE 210