Illinois General Assembly Floor TranscriptsBrowseSenate88th GA

Illinois Senate Floor Debate — May 24, 1993

88th General Assembly (1993-1994) · Legislative day 59 · Regular Session
Chamber
Senate
General Assembly
88th (1993-1994)
Date
May 24, 1993
Legislative day
59
Session
Regular Session
Speaker turns
427
Original
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PRESIDENT PHILIP

The hour of twelve having arrived, the Senate will please come to order. Will our Members please rise, and our friends in the galleries please rise for the prayer. The prayer today is by Father Kurt Spengler, East Orthodox Circle of Churches, Glen Ellyn, Illinois.

FATHER KURT SPENGLER

(Prayer by Father Kurt Spengler)

PRESIDENT PHILIP

Reading and approval of the Journal.

Harry (surname or first name uncertain)

Senate Journals of Monday, May 17th, and Tuesday, May l8thr 1993.

PRESIDENT PHILIP

Senator Butler.

SENATOR BUTLER

Mr. Presidentr I move that the Journals just read by the Secretary be approved, unless some Senator has additions or correctlons to offer.

PRESIDENT PHILIP

Senator Butler moves to approve the Journals just read. There being no objections, so ordered. Senator Butler.

SENATOR BUTLER

Mr. President, move that reading and approval of the Journals of Wednesday, May 19th7 Thursdayr May 20th7 Friday, May 21st7 and Sunday, May 23rd , ln the year 1993, be postponed, pending arrival cf the printed Journals.

PRESIDENT PHILIP

Senator Butler moves to postpone the reading and the approval of the Journals, pending the arrival of the printed transcripts. There being no objection, so ordered. A1l right. At this point, I'd -- I'd like to bring you up to date, What we anticipate doing STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 today. WeIre going to do Senate bill non-concurrences, then House bills recede motions, and then we will -- we will stand at recess at 1 o 'clock untll 3 for the purpose of committee hearings. So without further ado -- we have the -- Illinols Information Service requests to videotape the proceedings today. Is leave granted? Leave is granted. We also have -- WAND-TV requests permission to videotape today's Senate proceedings. Is there leave? Leave is granted. All right. The Secretary's Desk, Senate Bills, Concurrence, the top of page 10. Senate Bill 25. Senator Cullerton. Senator Cullerton. Take out of the record. Senate Bill 207. Senator Cullerton. Senator Cullerton. Take it out of the record. Senate Bill 273. Senator Cullerton. Senator Cullerton. Take it out of the record. Senate Bl11 289. Senator Welch . Senator Welch . Take it out of the record. Senate Bill 345. Senator Mccracken. Mr. Secretary.

Harry (surname or first name uncertain)

House Amendments 3 and 5 to Senate Bill 345.

PRESIDENT PHILIP

Senator Mccracken.

SENATOR MCCRACKEN

Thank you, Mr. President. move to non-concur in House Amendments 1, 3 and 5.

PRESIDENT PHILIP

Any discussion? not, Senator Mccracken moves to non-concur in House Anendments 3 and 5 to Senate Bill 345. A11 those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Senate Bill 442. Senator Cullerton. Senator Cullerton. Take -- take it out of the record. Senate Bill 533. Senator Madigan. Senator Madigan. 533. In the middle of page l3. Take out of the record. Senate Bill 617. Senator Barkhausen. Senator Barkhausen. Mr. Secretary. 2 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

Harry (surname or first name uncertain)

House Amendments 1 and 4 to Senate Bill 617.

PRESIDENT PHILIP

Senator Barkhausen.

SENATOR BARKHAUSEN

Thank you -- thank you, Mr. President. I move to non-concur wlth House Amendments 1 and 4 to Senate Bill 617.

PRESIDENT PHILIP

Any discussion? Any discussion? If not, Senator Barkhausen mcves to non-concur in House Amendments 1 and 4 to Senate Bill 617. A1l those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have it. The motion carries. The Secretary shall so inform *he House. House Bill -- Senate Bll1 650. Senator Cullerton. Senator Cullerton. Take it out of the record . Senate Bill 730. Senator Woodyard. Senator Woodyard . 730. Secretary.

Harry (surname or first name uncertain)

House Amendment 2 to Senate B1l1 730.

PRESIDENT PHILIP

Senator Woodyard .

SENATOR WOODYARD

Thank you, Mr. President. I would move to non-concur With House Amendment No. on Senate Bill 730.

PRESIDENT PHILIP

Any discussion? Any discussion? If not, Senator Woodyard moves to non-concur in House Amendment No . 2 to Senate Bill 730. All those in favor, signify by saying Aye. Those opposedr Nay. The Ayes have tt. The motion carries. The Secretary shall so inform the House. Senate Bill 899. Senator DeAngelis. Senator DeAngelis. Mr. Secretary.

Harry (surname or first name uncertain)

House Amendment No. l to Senate Bill 899. 3 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

PRESIDENT PHILIP

Senator DeAngelis. SENATOR DeANGELIS: move that We non-concur with House Amendment No. 1 on Senate Bill 899.

PRESIDENT PHILIP

Any discussion? Senator Topinka . Senator -- Topinka.

SENATOR TOPINKA

... tmachine cutoffl...Mr. President and Ladies and Gentlemen of the Senate, if you would be so kind to give a warm Springfield welcome to the honor roll high school students from Mccarrell Christian Academy in -- from Cicero, Illinois. They 're on the Republican side in the back galleryr and they 're here visiting and taking a tour and seeing what we do here al1 day long. So if we could al1 give them a round of applause.

PRESIDENT PHILIP

Senator DeAngelis moves to non-concur House Amendment No. to Senate Bill 899. A11 those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have it. The motion carriedg and the Secretary shall so inform the House. Senate Bill 906. Senator -- excuse me. Senate Bill 935. Senator Barkhausen. Mr. Secretary.

Harry (surname or first name uncertain)

House Amendments 5 and 7 to Senate Bill 935.

PRESIDENT PHILIP

Senator Barkhausen.

SENATOR BARKHAUSEN

Thank you, Mr. President. again move to non-concur With House Amendments 5 and 7 to Senate Bill 935.

PRESIDENT PHILIP

Any discussion? Any discussion? If notr Senator Barkhausen moves to non-concur in House Amendment 5 and 7 to Senate Bill 935. 4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislatlve Day May 24, 1993 Al1 those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. With leave, I will go in reverse and go back to Senate Bill 926. Senator Welch. Mr. Secretary.

Harry (surname or first name uncertain)

House Amendments 1, 4, 5 and 6 to Senate Bill 926.

PRESIDENT PHILIP

Senator Welch.

SENATOR WELCH

Thank you. I would nove to non-concur on Amendments 1, 4, 5 and 6.

PRESIDENT PHILIP

Any discussion? Any discussion? If not, Senator Welch moves not to concur on House Amendment 1, 4, and 6 to Senate Bill 926. Al1 those in favor, signify by saying Aye. Those opposed, Nay. Ayes have Motion carries, and the Secretary shall so inform the House. Senate Bill 940. Senator Mccracken. Mr. Secretary.

Harry (surname or first name uncertain)

House Amendments l and 3 to Senate Bill 940.

PRESIDENT PHILIP

Senator Mccracken.

SENATOR MCCRACKEN

Thank you, Mr. President. move to non-concur House Amendments 1 and 3.

PRESIDENT PHILIP

Any dlscussion? Any discussion? If not, Senator Mccracken moves to non-concur on House Amendment and 3 to Senate Bill 940. Al1 those in favor, signify by saylng Aye. Those opposedp Nay. The Ayes have it. The motion carries, and the Secretary Will so inform the House. Senate Bill 951. Senator Madigan. Mr. Secretary.

Harry (surname or first name uncertain)

5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 1993 House Amendment 1 to Senate Bill 951.

PRESIDENT PHILIP

Senator Madigan.

SENATOR MADIGAN

Thank you, Mr. Presldent. move to non-concur with House Amendment No. l to Senate Bill 951.

PRESIDENT PHILIP

Any discussion? Any discussion? If notr Senator Madigan moves to non-concur ln House Amendment No. Senate Bill 951. A1l those in favorr signify by saying Aye. Those opposed, Nay. The Ayes have it. The motion carries, and the Secretary shall so lnform the House.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) We'l1 now go to the Secretary's Desk, House Bills, Non-concurrence, for notions to refuse to recede. Senator Cullerton, on House Bill 765? Out of the record. Senator Woodyard, on House Bill 1613? Mr. Secretary?

Harry (surname or first name uncertain)

Senate Amendment l to House Bill 1613.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Wocdyard.

SENATOR WOODYARD

Thank you, Mr. President. I Would move to refuse to recede from Senate Amendment No . to House Bill 1613.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyard moves that the Senate refuse to recede from the adoption of a -- Senate Amendment No. 1 to House Bill 1613, and that a conference committee be appointed . All thcse in favorr say Aye. Opposed, Nay. The Ayes have it. The motion carriesr and the Secretary shall so inform the House. Senator Topinka , do you wish to act on 1852? Mr. Secretary?

Harry (surname or first name uncertain)

6 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24r 1993 Senate Amendment No. to House Bill 1852.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

SENATOR TOPINKA

Mr. Presldent and Ladies and Gentlemen of the Senate, would move that the Senate refuse to recede from Senate Amendment No. 1 to House Bill 1852.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka noves that the Senate refuse to recede from the adoptlon of Amendment No. l to House Bill 1852, and that a conference committee be appointed. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carrles, and the Secretary shall so inform the Hcuse. Senator Demuzio? Mr. Secretary, on 915 <sic> (1915).

Harry (surname or first name uncertain)

Senate Amendment 1 to House Bill 1915.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Demuzio .

SENATOR DEMUZIO

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I would move to refuse to recede from the adoption of Senate Amendment No. l to House Bill 1915.

PRESIDING OFPICER (SENATOR WEAVER)

PRESIDING OFPICER: (SENATOR WEAVER) Senator Demuzio moves that the Senate refuse to recede from the adoption of Senate Amendment No. l to House Bill 1915, and that a conference committee be appointed . A11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion carries: and the Secretary shall so inform the House. For what purpose do you rise, Senator Maitland?

SENATOR MAITLAND

Thank you very much, Mr. President, Members of the Senate. Standing at Senator Mahar's desk andr yesy indeed, he is STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 standing - is former State Senator Harlan Rigneyr Who's come back from the Great Northland to visit us. Senator Rigney thrilled us on this Floor many times with his great speeches. And, Senator Rigney, nice to have you back, slr.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Good to see you, Harlan. On page 10 of the Calendar, on the Order of Concurrence, Senate Bills. Mr. -- this is final action. Mr. Secretary, Senate Bill 66.

Harry (surname or first name uncertain)

House Amendments 1 and 2 to Senate Bill 66.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

SENATOR TOPINKA

Yes. Mr. Presidentr Ladies and Gentlemen of the Senate, Senate Bill 66 I thlnk most people remember comlng through here. was the highly contentious bill. ultimately got to the House and a11 parties sat down, negotiated out a settlement. Currently there is no one in opposition. It is quite lengthy in terms of what it does, in terms of postsurgical recovery care centers. I think everyone's concerned concerns have been assuaged. don't think anybody is thoroughly happy with it, nor is thoroughly unhappy with lt. I think lt's a flrst startr a good start, and I would be happy to answer any questions regarding the amendment. As I saidy is rather lengthy . If anyone has any specific questions, I'd be happy to address them. If not, I would move that we concur with the Senate <sic> (Hcuse) Amendment No. to Senate Bill 66 and send it off to the Governor.

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR JACOBS

Thank you, Mr. Chairman -- Mr. President and Ladies and Gentlemen of the Senate. Would the -- would the sponsor yield for 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 a question?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) She indicates she'll yield.

SENATOR JACOBS

had talked to you earlier, Senator, and I don't know was ever resolved, but there was an issue that was a concern to -- to me, and that is that the downstate care centers, or recovery care concept, would have to be part of an existlng hospital. Was that taken care of?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senatcr Toplnka.

SENATOR TOPINKA

Your particular concern, Senator Jacobs, was not taken care of. I mean, againr it was an attempt to reach a -- a broad consensus in terms of trying to get an agreement in here. I don't thlnk al1 parts of this are as agreed out as I personally would like them to be, but I think this is the best I can get.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

SENATOR JACOBS

The problem I've got with it is it does nothing for downstate. I mean, all we're doing is saying that if you have a hospital, the hospital can -- can go ahead and take -- partake of the recovery care concept; whereas, we would have been able to -- to have at a separate site, which makes sense, then at that time we could have had true recovery care concept, meaningful negotiations. And think that that's something that we need for downstate, because that's where the the health care is not available. And because we don't have the health care avallable, We are just compounding the problem on this particular amendment. I would like to see us not concur in that anendment and -- and move along our merry way and get that resolved so that downstate would be able to really 9 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislatlve Day May 24, 1993 get something out of this bill. Because as it now sits, we 're only allowing an existing hospital to partake. A11 we've really done is taken away the -- the concept from a other source and giving back to the hospitals. And a11 We're doing is giving them something more to play With, and I think it's too much to give the Hospital Associatlon in this particular case.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter.

SENATOR TROTTER

Thank you very much, Mr. Chairman. Would the sponsor -- wellr no, don't even need to speak to the sponsor. just wanted to say that some of my concerns, too, were not addressed and, one, was talking about -- affordability for this project. Medlcaid and Medicare still are not addressed; however, I do Want to commend the sponsor, and also want to commend the Department and -- of Public Aid and Illinois Hospltal Association for sitting down and trying to work out most of the problems. And as amended, I too concur with the amendment and agree with it.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

SENATOR PALMER

Thank you, Mr. President. A question of the sponsor.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) She indicates she will yield.

SENATOR PALMER

I'm scrry. can barely... Senator Tcpinka, know one of the major issues the last time was the willingness or the ability of these centers to accept Medicare and Medicaid patients. Now , I understand you've worked on that. Could you tell me What the resolution of that issue was, please?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka. 10 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

SENATOR TOPINKA

Yes. We havey I think, done the best we can do in light of federal regulations which have not yet come down. It's not as though We have not sought them, but they have not yet come down on that issue. So we do, indeed, trigger off of them. We continue to provide charity care. We also continue to put these in areas that would not -- they have to have sixty percent -- they cannot be more than sixty percent Medicaid. So as a result, if there were an overflow of Medicaid patients, this Would not affect them. We also prohibit discrimination -- you know, from Medicaid patients being taken I think that, again, is the best we can get, and this has been worked on, and worked on, and worked on. And although it is not a blll that either you, or Senator Jacobs, or even Iy think is -- is what I Would like, I think it's the best We can get, and it's pretty finely tuned.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Question of the sponsor.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) She indicates she will yield. SENATOR DeANGELIS: Senator Topinka, why is Dupage County exempted from this bill?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

SENATOR TOPINKA

As saidy lt is not the perfect bill. We could not get it out of the House with the Minority Leader's blessing if it were not in this form. I'm not happy With that particular aspect, and I'm hoping down the road a piece, we can ameliorate that problem . But for the moment, I'm kind of stuck with it.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 11 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Leglslative Day May 24e 1993 Senator Dehngells. SENATOR DeANGELIS: Well, in the event that we do not concur and this goes to conferencer would you consider exempting suburban Cook out of it?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka .

SENATOR TOPINKA

No, I don't intend to exempt anything further from not happy with the exempeion as it slts.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

SENATOR JACOBS

Thank you, Mr. President. Apologize for speaking for a -- a second timey but would like to have my name removed as a cosponsor of Senate Bill 66.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there leave? Leave is granted. Further dlscussion? Senator Topinka, to close.

SENATOR TOPINKA

Again, think the issue has been highly contentious. I donft particularly think had to have been. I think it was given more attention than it deservedy as we looked in terms trying to bring a variety to the delivery of health care, a variety that would keep down costs, a variety that, indeed, would be more consumer-friendly. But since it did get to this veryy very high percolation level, thinkr again, that this is probably the best this bill is ever going to be this Session, and I Would certainly encourage a positive vote on this to get to the Governor's Office. And then there's further work to be done down the road, we'll Eake it up in other bills.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall the Senate concur in House Amendments 12 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 No. 1 and 2 to Senate Bill 66. Those in favor will vote Aye. Those opposed Will vote Nay. The voting ls open. Have a11 voted who wlsh? Have al1 voted Who Wish? Take the record. On that questlon, the Ayes are 42y the Nays are ll, voting Present. The Senate does concur in House Amendments l and 2 to Senate Bill 66. And the bill, having received the required constitutional majority, is declared passed. What purpose Senator Watson arise?

SENATOR WATSON

Thank your Mr. President. A point of personal privileger please.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) State your point, sir.

SENATOR WATSON

Yes. Thank you. Yesterday, the 23rd of May, was my daughter's birthday. My daughter Kami became twenty years old. But was also the -- the birthday of our Preslding Officerv Senator Weaver. Now, I don't know how many years o1d Senator Weaver isr and I think he's refused to divulge that information. On the 26th, the actual President of the Senate, Pate Philip, will be celebrating a birthday. So as a result of those two birthdays, there's cake available in the Office 313, which is rlght across from Senator Philip's Office. This will be the last year that we will be able to celebrate these tWo Gentlemen's birthday on the Floor of the Senate, because next year we adjourn April 30th. So we need them celebrated in good fashion, and congratulations to b0th Senator Philip and Senator Weaver. Happy...tmicrophone cutoffl...

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip .

SENATOR PHILIP

Thank your Mr. President and Ladies and Gentlemen of the Senate. Point of personal privilege. 13 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) State your point, sir.

SENATOR PHILIP

I -- never thought that Weaver'd ever live to be seventy-eight years old. He's such a cantankerous o1d grouch, I'm surprised that somebody hasn't shot him yet. But butr Stanley, you're the greatest, and we wish you another seventy-eight wonderful, beautiful years.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Thank you, sir. Channel 7, Chicago, requests permission to videotape the Session. Is there leave? Leave is granted . For what purpose does Senator Geo-Karls arise?

SENATOR GEO-KARIS

Well, a point of personal privilege. Mr. President and Ladles and Gentlemen of the Senate, I think the President sitting back there raised your age by ten years. And don 't think that's fair. He should speak for himself.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Thank you, Geo. For what purpose does Senator Hall arise?

SENATOR HALL

just wanted to welcome you, so you're joined with me now. didn't think you were as o1d as I am, I1m telling you. Huh?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) I'm catching up , Kenny.

SENATOR HALL

Well, youfre -- you're moving fast.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Molaro.

SENATOR MOLARO

Yes, Mr. President, point of personal privilege.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) State your point. 14 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24r 1993

SENATOR MOLARO

Now that we 're speaking of people who have been here a while, for those of you Who have: I think you remember With reverence a man that was ln the House of Representatives for about fifteen to eiqhteen years: Representative John Fary, from Chicago. John Fary went on to be a Congressman from the 5th District. And John Was here many, many years, as you well know, a well-respected man. With us on the Senate Floor today is the alderman from Chicago's 12th Ward, John Fary 's nephew . Alderman Mark Fary, from the City of Chicago, is with us today.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Welcomey Mark. Senator Thomas Dunn. Excuse me. Senator Molaro.

SENATOR MOLARO

Yes. We have also in the -- in the President's Gallery to our left is the Republican Commltteeman from the 12th Ward of the City of Chicago, Mike Mccabey from the 12th Ward - Republican.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Stand and be recognized by the Senate. Senator Thomas Dunn, on 478? Mr. Secretaryr read the bill number and House anendments.

Harry (surname or first name uncertain)

House Amendment No. to Senate Bill 478.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn, to explain the amendment.

SENATOR T. DUNN

Thank you, Mr. President. This amendment merely provides that when an individual ls convicted of Public Aid fraud, hedll be ordered to perform community service, but only in those counties that provide for community service. urge adoption and concurrence of House Amendment No . to Senate Bill 478.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Dunn, to close. 15 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

SENATOR T. DUNN

Urge a favorable vote.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) The question isy shall the Senate concur in House Amendment No . to Senate Bill 478. Those in favor will vote Aye. Those -- opposed, vote Nay. The voting is open. Have a1l voted who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 56, the Nays are none: none voting Present. The Senate does concur in House Amendment No . to Senate Bill 478. The bill, having received the required constitutional majority, is declared passed. Senator Mahar?

SENATOR MAHAR

Thank you, Mr. President and Members. As lon: as We 're on the order of polnts of personal privilege...

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) State your point.

SENATOR MAHAR

I9d like to take the opportunity to welcome to Springfield a former colleaguer in fact, my predecessor in the State Senater my father. He's in the back of the room swapping War stories. And he did serve -- he could well well able to do so. He did serve two terms with Abe Lincoln, and I would like the Membership to join me in welcoming my dad back to Springfield.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Welcome to Springfield: Bi1l. Senator Cullerton: on 8617 Mr. Secretary, read the bill and the House amendments.

Harry (surname or first name uncertain)

House Amendment No. l to Senate Bill 861.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton, to explain the amendment.

SENATOR CULLERTON

Thank you, Mr. President, Members of the Senate. I move to 16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 concur with House Amendment No . 1 to Senate Bill 861. This amendment is -- comes at the reconmendation cf the Children's Memorial Hospital. It's supported by the Department of Public Hea1th. The bill, as passed the Senate, asked the Department to examine the speclal treatment needs of those ambulatory surgical treatment centers Which provide care to children. There's only two of these in the nation. One of them is run by the Children's Memorial Hospital; it's located in Westchester, Illinois. What this bill does is to allow children who are admitted to ambulatory surgical treatment centers to stay up to twenty-three hours following admission. This leglslative authority is needed because children require more postoperatlve monitorlng than adults, and children cannot ldentify their needs or communicate as well as adults. And so this change in the Statute is necessary for this one particular facility located in Westchester. As I said, it's only one of only two in the nation, and I think that -- given the fact that the testimony has been that children 's physiclans feel more comfortable to act in the best lnterests of the child without what is now viewed as arbitrary overnight prohibitionr in this particular case would be appropriate. So I'm happy to answer any questions, and I would ask for an Aye vote.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discusslon? If not, the question shall the Senate concur in House Amendment No. 1 to Senate Bill 861. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a11 voted who Wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 57# the Nays are none, none voting Present. The Senate does concur in House Amendment No. to Senate Bill 861, having received the required constitutional majority, is declared passed. On the Order of House Bills, Non-concurrence, House Bill 765. Senator Cullerton? 17 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislatlve Day May 24: 1993 Mr. Secretary, please read the bill and the Senate amendments.

Harry (surname or first name uncertain)

Senate Amendment No. 1 to House Bill 765.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullertonr to explain the motion.

SENATOR CULLERTON

Thank you, Mr. President, Members of the Senate. I would move to refuse to recede on Senate Amendment No. 1 to House Bill 765, and ask that a conference committee be appointed.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton moves that the Senate refuse to recede from the adoption of Amendment No . to House Bill 765, and that a conference committee be appointed. A1l those in favor, say Aye. Opposed, Nay. The Ayes have The motlon carries, and the Secretary -- shall so inform the House . On the Order of Concurrence -- Senator Cullerton, on the Order of Non-concurrence, Senate Bill 442. Mr. Secretary.

Harry (surname or first name uncertain)

House Amendments 1 and 2 to Senate Bill 442.

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR CULLERTON

Yes. Thank -- thank you, Mr. President. I Would move to non-concur with House Amendments No. 1 and 2 to Senate Bill 442.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton moves to nonconcur in House Amendments No. and 2 to Senate Bill 442. All those in favor, say Aye. Opposed, Nay. The Ayes have 1t. The motion carries, and the Secretary shall so inform the House . We're almost finished with the calendar, bu* there'll be a Supplemental Calendar at 3 o'clock to act on those amendments that are acted on in committee this afternoon. Mr. Secretary, do you have any further resolutions? 18 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 For what purpose does Senator Watson -- arise?

SENATOR WATSON

Mr. President, I'm just looking through the Calendar, and I realize we've got House Bills lst Reading; We've got Consideration Postponed; Welve got a lot of order of business on here that wepll never go to. Could We have leave to eliminate this off the Calendar?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Leave is not granted . Resolutions.

Harry (surname or first name uncertain)

Senate...

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell, for what purpose do you arise?

SENATOR FAWELL

Just -- just for an announcement. We have six amendments in Transportation Committee, and We will meet at o'clock in Room 400.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen, for what purpose do you arise?

SENATOR LAUZEN

Personal privilege.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) State your point.

SENATOR LAUZEN

was recorded on Senate Bill 66, Amendments l and 2, as an Aye vote, and I'd like the record to show a -- a Present vote on that. My intention is a Present vote.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) The record will so reflect. Senator Ralph Dunn, for what purpose do you arise?

SENATOR R . DUNN

Thank you, Mr. President. To announce that the State 19 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 Government Operations and Executive Appointments Will not meet today. We'l1 meet Thursday morning at 8 o'clock. If you come a little early, I might buy breakfast, just for the committee - just for the committee. Until...tmicrophone cutoffl...

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) What purpose does Senator excuse me. Senator Barkhausen: for what purpose do you arise?

SENATOR BARKHAUSEN

Thank you, Mr. President. The Senate Financial Institutions Committee will meet at 2 o'clock for a brief meeting in Room A-1.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar.

SENATOR MAHAR

Mr. President, for a purpose of an announcement. The Senate Environment and Energy Commlttee will be meeting at 2 o'clock in - - in Room 400 to consider seven amendments.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Resolutions.

Harry (surname or first name uncertain)

Senate Resolution 518, offered by Senator de1 Valle. And Senate Resolution 519, offered by Senator Watson. They 're b0th congratulatory, Mr. President.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Consent Calendar. The Senate stand in recess until o'clock. (SENATE STANDS IN RECESS) (SENATE RECONVENES) 20 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislatlve Day May 24, 1993

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) The Senate will come to order. Committee Reports.

Harry (surname or first name uncertain)

Senator Madiganr Chair of the Committee on Insurance, Pensions and Licensed Activities, reports motions to concur with House Amendments 2, 3 and 4 to Senate Bill 252 Be Approved for Consideratlon; motion to concur with House Amendments 1, 2 and 4 to Senate Bill 262 Be Approved for Consideration; motion to concur with House Amendment to Senate Bt11 436 Be Approved for Consideration; motion to concur With House Amendment 1 to Senate Bill 496 Be Approved for Consideration; motion to concur with House Amendment 1 to Senate Bl11 64l Be Approved for Consideration; motion to concur with House Amendments 1 and 2 to Senate Bill 828 Be Approved for Consideration; motion to concur with House Amendments 2, 4 and 7 to Senate Bill 830 Be Approved for Consideration; and motion to concur with House Amendment 1 to Senate Bill 966 Be Approved for Consideration. Senator Topinka, Chair of the Committee on Public Health and Welfare, reports the motion to concur with House Amendment to Senate Bill 99 Be Approved for Consideration; motion to concur with House Amendment 4 to Senate Bill Be Approved for Consideration; and motion to concur with House Amendments and 4 to Senate Bill 964 Be Approved for Consideration. Senator Karpiel, Chair of the Committee on Executive, reports Senate Resolutions numbered 144, 297: 318, 391, 407, 408 and 448 Be Adopted; Senate Resolutions 139: 332 and 376 Be Adopted, as Amended; House Joint Resolutlons 22, 24 and 36 Be Adopted; and Hcuse Joint Resolution Constitutional Amendment 14 Be Adopted; Senate Joint Resolutions 55, 62 and 64 Be Adopted; motion to concur with House Amendments 1 and 2 to Senate Bill l42 Approved for Consideration; motion to concur with House Amendment 2 to Senate Bill 503 Apprcved for Consideration; motion to concur 21 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 with House Amendment 1 to Senate Bill 550 Approved for Consideration; motlon to concur with House Amendment l to Senate Bill 614 Approved for Consideration; and motlon to concur with House Amendment 3, 4, 5 and 8 to Senate Bill 625 Approved for Consideratirn. Senator Watson, Chair of the Committee on Education, reports the motion to concur with House Amendment 1 to Senate Bill 7 Be Approved for Consideration; motion to concur with House Amendment to Senate Bill 411 Be Approved for Consideration; and notlon to concur with House Amendment l to Senate Bill 1096 Be Approved for Consideration. Senator Hawkinson, Chair of the Commlttee on Judiciary , reports the motion to concur with House Amendments 2, 4 and 5 to Senate Bill 325 Be Approved for Consideration; motion to concur with House Amendment to Senate Bill 418 Be Approved for Consideratlon; motion to concur with House Amendment 1 to Senate Bill 425 Be Approved for Conslderation; motion to concur With House Amendment 1 to Senate Bill 460 Be Approved for Consideration; motion to concur with House Amendment to Senate Bill 483 Be Approved for Consideration; motion to concur with House Amendment 1 -- Amendments l and 2 to Senate Bill 486 Be Approved for Consideratlon; motion to concur with House Amendment to Senate Bill Be Approved for Consideration; motion to concur with House Amendments l and 2 to Senate Bill 651 Be Approved for Consideration; motlon to concur with House Amendment to Senate Bill 759 Be Approved for Consideration; motion to concur with House Amendment 1 to Senate Bill 1076 Be Approved for Consideration; and motion to concur with House Amendment 3 to Senate Bill 1078 Be Approved for Consideration. And Senator Butler, Chair of the Ccmmittee on Commerce and Industry, reports the motion to concur with House Amendment to Senate Bill 139 Be Approved for Consideration; motion to concur 22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 with House Amendmen: l to Senate Bill 347 Be Approved for Consideration; and motion to concur With House Amendments 1 and 4 to Senate Bill 57l Be Approved for Consideration.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Resolutions, Mr. Secretary .

Harry (surname or first name uncertain)

... tmicrophone cutoffl...Resolution 520, offered by Senators Philip and Maitland <sic>. Senate Resolution 521, by Senator Rea. And Senate Joint Resoluticn 7l, by Senator Maltland . They 're all congratulatory, Mr. President.

PRESIDING OFFICER (SENATOR WEAVER)

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

Harry (surname or first name uncertain)

House Bill 276, offered by Senator Farley; House Bill 356, by Senator Farley; House Bill by Senator Farley; and House Bill 2363, by Senator Farley. House Bill 276. (Secretary reads title of bill) House Bill 356. (Secretary reads title of bill) House Bill 577. (Secretary reads title of bill) And House Bill 2363. (Secretary reads title of bill) lst Reading of the bills.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) If the Senate Will direct your attention to Supplemental Calendar No. 1. We have concurrences. Senator del Valle, Trotter, Eriedland <sic>, Madigan, Madiganr Madtgan. So just as soon as we can get the Senators on the Floor, why we'll be ready to roll. This will be final action. Motions Writing. 23 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

Harry (surname or first name uncertain)

Whereas, House Amendment l to Senate Bi11 65l has been received by the Senate via Message from the Clerk of the House; and whereas, the Amendment is eight hundred seventy-seven pages long: contalns only nonsubstantive changes to various Illinois Statutes and constitutes the annual revisory bill of the Legislative Reference Bureau; now therefore, the underslgned Senators respectfully move that the appllcable -- printing and distribution requirements contained in the Senate Rules be suspended so that House Amendment to Senate Bill 65l may be considered without first having to be distributed on a1l Members' desks. Signed by Senator Phillp, President of the Senate, and Senator Jones, Minority Leader.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there leave to have Senator Watson handle this notion? Hearing no objectlon, leave is granted. Senator Watson.

SENATOR WATSON

Thank you, Mr. President. As the Secretary statedr Senator Philip or Senator Jones, neither one being present, I'd like to move this as the ''Save the Trees Motion'' fcr this particular Session.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senatcr -- Senator Watson's moved the adoption of the motion. Is there discussion? If not, all in -- favor, signify by saying Aye. Opposedr Nay. Motion's adopted. Senator Watson.

SENATOR WATSON

Motion being adopted, I appreclate your support. Thank you .

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) The motion has been adopted. Senator de1 Valle, are you ready on Senate Bill Mr. Ksic> Secretary, read the bill number and the House amendment. 24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

ACTING SECRETARY HAWKER

House Amendnent No. to Senate Bill 7.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator del Valle, to explain the amendment. SENATOR dEL VALLE: Thank you, Mr. President. This concurrence motion was approved unanimously by the Senate Education Committee. It Was a House amendment that Was requested by the State Board of Education, and clarifies the intent of the bill. specifies that the provisions regarding the expiraticn of the transitlonal certificate apply only to teachers whose certificates are granted after the effective date of the Act.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr Senator de1 Valle has moved the - - the question is, shall the Senate concur in House Amendment No. to Senate Bill 7. Those favor, vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, 1 voting Present. The Senate does concur in House Amendment No. to Senate Bill And the b11l, having received the required constitutional majority, is declared passed. Senator Trotter, cn 99? Mr. <sic> Secretary.

ACTING SECRETARY HAWKER

House Amendment No. to Senate Bill 99.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter, to explain the amendment.

SENATOR TROTTER

Yes. Thank you very muchy Mr. Chairman: Members of the -- the Senate. Senate Bill 99 was approved by unanimous vote in committee. The amendment came out of a process between the Public Welfare Coalition, Department of Public Aid, Department of Public Hea1th, and the Illinois Maternal and Child Hea1th Coalition, 25 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 which qave some clarifying language to the bill the original bill - which just stated, and gave us one date in Which they will be giving us a report, which will be on July of 1994 and from then thereafter every year. And there are many other provisions as well, if anybody Wants me to explain them .

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there dlscusslon? If not, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 99. Those favor will vote Aye. Those opposed will vote Nay. The votlng is open. Have a11 voted who Wish? Have a11 voted who Wish? Take the record . On that question, the Ayes are 57, the Nays are noney none voting Present. The Senate does concur in House Amendment No. 1 to Senate Bill 99r having received the required constitutional majority, is declared passed. Senator Hawkinson, are you ready on 325? Madam Secretary, read the number and the House amendments.

ACTING SECRETARY HAWKER

House Amendments 1, 2, 4 and 5 to Senate Bill 325.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.

SENATOR HAWKINSON

Thank you, Mr. President. Senate Bill 325 was the Judiciary Ccmmittee probation officersf bill that Senator Dunn and collapsed four or five Senate bills into. Those provisions remain in the bill, as it comes back to us from the House. The Judiciary Committee this morning approved for considerations Amendment 1, 2, 4 and 5. Amendment No. l imposes a twenty-five-dollar fee on orders of supervislon and probation under the Juvenile Court Act, and a similar fee is placed on adult offenders placed on -- on supervision. The court has discretion to impose a lesser amountr based upon ability to pay. Amendment No. 2 allows a court at the time of sentencing to impose a restitution payment order longer 26 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Leglslative Day May 24, 1993 than five years, if it's necessary for payment and ln the best lnterests of the victim. Amendment No. 3 <slc> requires State's attorneys to report convictions of school employees on sex and drug offenses. The report is to be made to the State Board of Education: the members of the local school board, and the chief administrative officer of the employee 's school district. I'm sorry; that was Amendment No . 4. Amendment No. 5 represents -- was offered by Representative Dart in the House. It is similar to House Bill 677, which Was sponsored by Senator Welch and myselfr which establishes a Child Safe House Program to be run by local law enforcement agencies. We felt it was important, Senator Welch and I did - and Representative Mautino originally authored this concept but we felt it was important to have one symbol statewide, and lt's based on the ''McGruff'' symbol. There Will be background checks over every adult a household which applies to be one of these safe houses, to avoid any situation Where a prior offender might seek to establish himself or herself in a safe house. But this is an important concept to protect kids, to give them a safe place to go when they're in danger. That's an explanation of 1, 2: 4 and 5. Again, the underlying billr believe, passed out of here unanlmously and was the omnibus probation bill this year. I would ask for the concurrence of the Senate in House Amendments 1, 4 and 5, and be happy to answer any questions.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall the Senate concur in House Amendments 1, 2, 4 and 5 to Senate Bill 325. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who Wish? Have a11 voted Who Wish? Take the record. On that question, the Ayes are the Nays are noner none voting Present. The Senate does concur in the House Amendments 1, 2, 4 and 5 to Senate Bill 325. The bill, having 27 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 received the required constitutional majority, is declared passed. Senator Madigan, are you ready on -- 252? Madam Secretary.

ACTING SECRETARY HAWKER

House Amendments 2, 3 and 4 to Senate Bill 252.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

SENATOR MADIGAN

Thank you, Mr. President, Members of the Senate. Senate Bill 252 with Amendments 2, 3 and 4. Let me explain 2, 3 and 4. Amendment No. 2, added by the House, amended the Illinois Landscape Architecture Act to provide for grounds for discipline, including revocationr suspension, probationr reprimand or other disciplinary action. also amended the Collection Agency Act to exempt out-of-state collection agencies from licensure requirement when they limit their collection of debts to telephone, mail or facsimile transmissions, as long as they are permitted the same privilege in their licensure Act. It's an act of just establishing reclproclty and was from the Department of Professional Regulation. It amended the Vehicle Code to provide that persons licensed under the Private Detective, Private Alarm, and Private Security Act of 1983 be exempted from the ten-day waiting period prior to the sale or dlstribution of informatlon from the Secretary of State. That was Amendment No. Amendment No. 3 exempted persons licensed under the Public Accounting Act from licensure under this Act if their person is performing accounting duties. And Amendment No. 4 was a technical change. would -- the underlying bill, of course, was the rewrite of the Prlvate Detective, Private Alarm, and Private Security Act, and would be glad to answer any questicns, and would ask for its passage .

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall the 28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Leglslative Day May 24, 1993 Senate concur in House Amendments No . 2, 3 and 4 on Senate Bill 252. Those in favor will vote Aye. Opposedy vote Nay. The voting open. Have all voted who wlsh? Have al1 voted Who Wish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. The Senate does concur in House Amendments 2, 3 and 4 to Senate Bill 252. The billy having received the required constitutional majority, is declared passed. 262, Senator Madigan? Madam Secretary.

ACTING SECRETARY HAWKER

House Amendments 1, 2 and 4 to Senate Bill 262.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

SENATOR MADIGAN

Thank you, Mr. President, Members of the Senate. Senate Bil1 262, as left -- as left the Senatey Was a financial regulatory bill from the Department of Insurance to the continuing adoption of the NAIC standards. There were three amendments added on in the House. House Amendment No. removed the repeal of the Product Liability Insurance Act. House Amendment No. 2 amended the CHIP - the Comprehensive Health Insurance Plan - to change the definition of residency to thirty days from a hundred and eighty days Ksic>. And Amendment No. 4 amended the Insurance Code to add -- add a definition of ''governmental reciprocal'' and makes provisions concerning subscrlbers ' accounts applicable only to governmental reciprocals. I'd be glad to answer any questions on Senate Bill 262, as amended .

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR CARROLL

Thank you, Mr. President. Let me start with a question of the sponsor. I'm concerned With What I believe Was Amendment No. 2, which changed the eligibility for signing up, would assume, for 29 r STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 the Comprehensive Health Insurance Plan from thirty days to a hundred and eigbty days. First of a11 let me maybe Senator Madlganr if you don't mind, let me ask a series of questions at once. It may save some time. One is: Where did the idea of going from thirty days to a hundred and eighty days come from? Secondly: Is that from signing up for the CHIP plan? Right ncw there 's about a six-month wait once yougre on the plan, so that lf everybody who signed up -- they would be at a hundred and eighty days, at least, prior to getting any benefits. Third is: The case law, at least that we are aware of, has not allowed that long of a residency requirement, and has been knocked out by the courts as being too long for a sign-up . The same thing has happened in public aid . do know that the CHIP Board: of which I'm in an advisory capacity, has looked at this on several occasions and has always said it made no sense to put in a six-month because of the waiting list ltself; why take the chance on a expensive court challenge when, as a practical matter, everybody would have waited six months before they got any benefits anyhow? So maybe you can enlighten us a little bit. Then -- then, Mr. President: I may may Want to speak on it anyway. PRESIDING OFFICER: (SENATOR WEAVER) Senator Madlgan. SENATOR MADIGAN: Thank you, Mr. President. Senator, this came from the House Insurance Committee, and was felt by the House Insurance Commlttee, as I understand, that this tightened up the regulations. The House had put this languaqe on twice. CHIP has reviewed this language has no problem with it. It is -- as far as the sign-up, there is less than -- I think you're about right on the waiting list. It's a little less than six months - five and a half months right now: or something - from the time of being - - becoming eligible to actually becoming enrolled. 30 C STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24r 1993 PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll. SENATOR CARROLL: guess -- the CHIP Boardr by the Way, has not considered this. The Comprehensive Hea1th Insurance Plan Board has not considered this language. They've talked about it several times and said it was unnecessary, mainly because they're concerned wlth a lawsuit. But does this mean that when a person files for application to CHIP, they had to already have been a six-month domicile before filing? PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan. SENATOR MADIGAN: It's a change in the definition of eligibility. So in order to meet the definition of eligibillty, you have to be a resident for thirty days. The Director has signed off on this language, Senator. And I'm a member of the CHIP Board, and -- I think as you are, and I don't have a problem with this language. PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll. SENATOR CARROLL: Maybe there's some confusion here. A Member - since he 's not on mike yet, I won't mention the name - indicated to me that they thought that the eligibility was going from six months to thlrty days, which is what apparently, at least, the Republican analysis shows. That's exactly the opposite of what the language is. It's taktng it from thirty days to six months. It's not in the ''Eligibility'' Section; it 's in the definitional Section. And my concern is that we Would then be holding that a person couldn't even file for six months and then have to wait six months, and that would clearly violate what federal courts have said. Could you take it out of the record? Maybe we can straighten this out, 31 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 Or maybe youdve QOt an ansWer.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

SENATOR MADIGAN

No. And I Want to -- noz Senator, and Mr. President. I -- don't think this has to be taken out of the record, because I've been standing here with the numbers juxtaposed. It's going from a -- thirty days to a hundred and eighty daysr rather than a hundred and eighty days to thirty days.

PRESIDING OFPICER (SENATOR WEAVER)

PRESIDING OFPICER: (SENATOR WEAVER) Senator Carroll.

SENATOR CARROLL

That's what I've been sayingy and that's that's the problem, think. And I think the problem is: Is that now going to be a hundred and eighty days before they can file to get on the waiting list?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

SENATOR MADIGAN

A1l I can thank you, Mr. President. A11 I can say is that the -- the Director has signed off on this, and this language was shepherded by the Director, over in the House.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll.

SENATOR CARROLL

Then, Mr. President, in tbat case, can I ask for a division of the question, so that that amendment is voted on separately than the other amendments?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) That's always in order.

SENATOR CARROLL

Thank you. And I -- I would -- if it's not appropriate now, 32 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 would -- I would urge opposition at this point to concurrence in that amendment. think you would very possibly be creating a six-month waitlng list to sign up for eligibility and then possibly another six-month waitlng list to get served. 1'11 shut up. Okay. You want.to tell me something?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) was çoing to ask: Which amendment do you Want to divide?

SENATOR CARROLL

No.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) A1l right.

SENATOR CARROLL

Amendment No. 2, and then would suggest that this would fly in the face of a11 the court cases that have been around the country on eligibility. don't see why would we -- be doing this. think it's confusing in its best case, and then just patently flies in the face of court doctrine if it's in the right case. I would urge that we we deal with Amendment 2 separatelyr and then I would seek opposition to that.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Al1 right. The question is: shall the Senate concur in House Amendments No. and to Senate Bill 262. Those in favor, vote Aye. Opposed, Nay. Votin: is open. Have all voted Who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 57# the Nays are none, none voting Present. Amendments No. and 4 are adopted . On the question of Amendment No. 2, is there further discussion? Senator Carroll.

SENATOR CARROLL

I might, just to reiterate to those Members Who may have been paying attention, that am truly concerned that we're creating now -- ambigulty at its best. It's -- it's not clear what this amendment does. think even the sponsor would indicate 33 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 it's not crystal clear what the amendment does. It seems to set up a six-nonth eligibility that may even be for filing to become eligible for application to CHIP, which now, as Senator Madigan lndicated, is about a five- or a five-and-a-half-month wait beyond that. It's my understanding the Board has not reviewed this. We have talked to members there as well. It's just absolutely the wrong way to go, is to set up that kind of a pre-eligibility requirement, and I would suggest opposition to the amendnent, at least until we're clear as to what it does.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

SENATOR MADIGAN

To close?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) To close.

SENATOR MADIGAN

Thank you, Mr. President. -- I would just reiterate that the Director of the CHIP program is aware of thisr is in support of this. The matter has been before the House twice. This amendment went on in the House by a vote of l16 to nothing. And I see no problem with it. It's just -- it's changing the residency requirements, and would ask for concurrence on Amendment No. to Senate Bill 262.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 262. Those in favor will vote Aye. Opposed y vote Nay. The voting is open. Have a1l voted who wlsh? Have a1l voted who wish? Take the record. On that question, the Ayes are 32, the Nays are 25, none voting Present. Amendment No . is adopted. The Senate does concur House Amendment No . 2 to Senate Bill 262. The bill, havin: received the required constitutional majority, is declared passed. Senator Maitland, on 34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 l42 - concurrence? Madam Secretary.

ACTING SECRETARY HAWKER

House Amendments 1 and Senate Bill

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland.

SENATOR MAITLAND

Thank you very much, Mr. President. I appreciate your courtesy. I'd move that the Senate concur in Hcuse Amendments No. l and 2 to -- to Senate Blll 142.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notz the question is# shall the Senate concur in House Amendments No. l and 2 to Senate Bill 142. 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? Take the record. On that questionr the Ayes are 56, the Nays are none, none voting Present. The Senate does concur in House Amendments No. 1 and 2 to Senate Bill 142. And the bill: having received the required constitutional majority: is declared passed. Senator Trotter? Madam Secretary.

ACTING SECRETARY HAWKER

House Amendment No . to Senate Bill 347.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter.

SENATOR TROTTER

Thank you very much, Mr. President and Members of the -- the Senate. The House Amendment No. 1 was a noncontroversial amendment which provided for nine additional occupations that no mincr under sixteen years of age shall be employed, permitted or allowed to work. The addition of these occupations Was simply mirror language already provided for in the federal law, and the language is a product of the agreement between the Illinois Retail Merchants Association, the Citizens Assembly, AFL-CIO and the 35 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 Illinois Department of Labor. And I ask for its acceptance.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? not, the question shall the Senate concur in House Amendment No. l to Senate Bill 347. Those in favor, vote Aye. Opposedr vote Nay. The voting ls open. Have al1 voted who Wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 56, the Nays are ncne, none voting Present. The bill, having received -- the amendments, having -- l to House Bill having received the required constitutional majority, is declared passed. Senator Garcia? Madam Secretary...

ACTING SECRETARY HAWKER

House Amendment...

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) 411.

ACTING SECRETARY HAWKER

House Amendment No. to Senate Bill 411.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia.

SENATOR GARCIA

Thank you, Mr. Presldent. House Amendment No. 2 to Senate Bill 4l1 is consldered a frlendly amendment. It passed out of the Committee on Education this morning. requlres homeless family referring agencies to consider various academic and employment factors before making a shelter referral. If there are any questions, I'd be glad to answer them at this time.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, the question is, shall the Senate concur in House Amendments No. -- 2 to Senate Bill 411. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. The Senate does concur in House Amendment 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Leglslatlve Day May 24, 1993 No. 2 to Senate Bill 411. And the billy havlng received the required constitutional majority, is declared passed. Madam Secretary, 418.

ACTING SECRETARY HAWKER

House Amendment No. . to Senate Bill 418.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.

SENATOR DUNN

SENATOR DUNN : Thank you very much, Mr. President. This House amendment passed unanimously in Judiclary this morningy and adds Class X felonies to the 11st of Criminal Victims' Asset Discovery Act.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 418. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Take the record. On that questlcn, the Ayes are 56# the Nays are none, none voting Present. The Senate does concur in House Amendment No. l to Senate Bill 418. And the bill, having received the requlred constitutional majority, is declared passed. Senator Hasara, on 425? Out of the record . You wish the bill read? Madam Secretary, 425.

ACTING SECRETARY HAWKER

House Amendments 1 and 2 to Senate Bill 425.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.

SENATOR HASARA

Thank you, Mr. President. House Amendment 1 includes the duties and immunities Section of the pcwers of attorney for health care law. The underlying bill provides a sixty-day power of attorney to be used in limited circumstances. would move to co ncur . 37 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislatlve Day May 24y 1993 PRESIDING OFFICER: (SENATOR WEAVER) Is there discusslon? Senator Molaro . SENATOR MOLARO: Yes. Can I have a question of the sponsor of the amendment? . PRESIDING OFFICER: (SENATOR WEAVER) She indicates she would yield. SENATOR MOLARO: You know, I asked this -- Senator, I asked this in committee: and -- really wasn 't clear on the answer. As I look at the power of attorney Statute and what you 're doing with the lmmunityy could certainly understand that if I'm out of town and give to, say, Senator Shawr power of attorney to deal with the problemsy if I'm gone for thlrty daysy with my children, and he goes there and my -- one of my kids gets hurt, and he goes to the provider, who would be the reliant in this case, and they rely on his and they go give medical attention to my children. They Would be immune from me coming back later and saying, ''Hey, why did you rely on what Shaw gave you?'' That I understand. But are they immune if they commit malpractice? And -- and I want to make that clearr because as I read the Statute and then 1.11 let you answer it - says -- and this is Section 48 of -- of ILCS, Chapter - - or 755/Section 45-484a) said, 'No reliance shall be subject to any type of clvil or crimlnal liabllity or dlscipline for unprofesslonal conduct for complying with any direction or decision by the agent, even if death or injury to the patient ensues.'' Nowr it's kind of ambiguous, and I'd just like you to state what your intent is on medical malpractice. PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara. SENATOR HASARA: Thank your Mr. President. Senator - and I'm glad you raised the questicn - obviously the intent is not to provide immunity for 38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 any negligence. The intent is, if -- if you are the person who 's gone on vacation and you come back to the doctor and say, ''This power of attorney aqreement doesn't mean anything; you had no buslness treating my child,n that's when should apply.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senator Hasara moves to concur in House Amendment No. l to Senate Bill 425. Is -- those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 38, the Nays are l3, 4 voting Present. Senate -- House Amendment No. is adopted. On your motion on House Amendment No. 2 to non-concur, Senator Hasara.

SENATOR HASARA

Thank you, Mr. President. I would move to non-concur in Senate <sicl Amendment No. That amendment eliminated Amendment No. that wesve just dlscussed.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? All in favor, signify by saying Aye. Opposed, Nay . The motion carries. And the Secretary -- shall so inform the House. 436. Senator Hasara? Madam Secretary.

ACTING SECRETARY HAWKER

House Amendment No. 1 to Senate Bill 436.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara .

SENATOR HASARA

Thank you, Mr. Presldent. move to concur in Amendment No. to Senate Bill 436 - House Amendment No. Just so you know I'm not always opposed to not granting immunity, this amendment takes out the immunity for the Mine Subsidence Board . I would ask for a favorable roll call. 39 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislatlve Day May 24, 1993

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall the Senate concur in House Amendment No. l to Senate Bill 436. Those in favor will vote Aye. Opposed r 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 57: the Nays are none, none voting Present. The Senate does concur in House Amendment No . 1 to Senate Bill 436. Having received the required constitutional majorlty, it is declared passed. 460. Senator Topinka? Madam Secretary.

ACTING SECRETARY HAWKER

House Amendment No. to Senate Bill 460.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

SENATOR TOPINKA

Yes. Mr. President, Ladies and Gentlemen of the Senate, Senate Amendment No. 1 comes to us from the Coalition for <sic> Domestic Violence, and it tightens up the little -- the bill a little bit and makes it a little more narrow in scope. It would allow the petition filed by the law enforcement officer to only seek an emergency order of protection. Also, it would have the alleged victim notified of any summons issued to the alleged abuser, and it would also ensure the victim's right to seek domestic violence remedies. That's What it does. I don't think there's anybody in contention.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 460. Those favor Will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted who Wish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. Senate <sic> Amendment No. l to House <sic> Bill 460 is 40 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Leqlslative Day May 24: 1993 declared passedr and having received the required constitutional majorlty, is declared passed. Senator Hawkinson: on 483? Madam Secretary.

ACTING SECRETARY HAWKER

House Amendments 1, 2 and 3 to Senate Bill 483.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.

SENATOR HAWKINSON

Thank you, Mr. President. It's my intention to move to concur in House Amendment No . and then move to non-concur in House Anendments 2 and 3. Amendment 2 did not receive sufficient votes for consideration in committee this morning. House Amendment No. seeks to standardize the definition of gang throughout the Criminal Code. Currently we find there are three different definitions in the Code, and this would coordinate them and make the gang definition that found ln the Streetgang Terrorism Omnibus Prevention Act. The underlylng bill is a bill dealing Wlth the protection of employees of the -- of Department of Correctionsy which increased the penalty for assaulting a correctional employee from a Class A misdemeanor to a Class 4 felony. That is still in the bill. And would move that the Senate concur in House Amendment No . l to Senate Bill 483.

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR SHAW

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

PRESIDING OFFICER (SENATOR WEAVER)

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

SENATOR SHAW

don't have the bill here, but what is the definition of gang? You and 1, standing on the corner, along With Senator 41 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Leqislative Day MaY 1993 Cullerton could we be considered a gang? What is the definition?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.

SENATOR HAWKINSON

I think you'd have to add somebody besides myself to you and Senator Cullerton to make that happen, but the definitlon -- there - - it's a definiticn in the existing law. Right now there are three definitlons, and this seeks to confcrm them al1 to the one. And 1411 read you the definition. The uniform definition will be: ''Any combination, confederation, alliance, networkr conspiracy, understanding, or other similar conjoining, in law or...fact, of three or more persons with an established hierarchy that, through its membership or through the agency of any nember enqages in a course or pattern of criminal activity.''

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw.

SENATOR SHAW

like I like some of that. I like some of that, particularly that criminal activity. But many of the ycungsters what will this do with the youngsters that are standing on the street in the summertime? Would this authorize the police to lock those people up as possible gang members?

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.

SENATOR HAWKINSON

The short answer is no, but the longer answer isr We're not changing the definition of gang. We passed this bill in prior years, but the problem is we have also passed a couple other definitions of gangs elsewhere in the Code, and this will make it the same definitian. think actually if you had three -- different definitions, wculd be more subject to an expansive 42 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Leglslative Day May 24, 1993 view than having a uniform deflnition throughout the Code.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? If not, Senator Hawkinson moves to concur House Amendment No. to Senate Bill 483. Those in favor will vote Aye. Those opposed: vote Nay . And the voting is open. Have all voted who wish? Have all voted Who Wish? Take the record. On this question, the Ayes are 54, the Nays are 2 voting Present. And the Senate does concur in House Amendment No. to Senate Bill 483. Senator Hawkinson.

SENATOR HAWKINSON

Thank you: Mr. President. Now I Would like to move to non-concur in House Amendments 2 and 3 to Senate Bill 483. END OF TAPE TAPE 2

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) . .. tmachine cutoffl...discussion? All in favor, signify by saying Aye. Opposed, Nay. The motion carries. The Senate non-concurs with House Amendment No. 2 and 3 to Senate Bill 483, and the Secretary shall so inform the House. Senator Mccracken, on 486? Madam Secretary.

ACTING SECRETARY HAWKER

House Amendments l and 2 to Senate Bill 486.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.

SENATOR MCCRACKEN

Thank you, Mr. President. Ladies and Gentlemen, I move to concur in House Amendments No. l and 2 to Senate Bill 486. 43 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 Amendment No. l deletes language that had been regarded by some as too broad a shield agalnst llabllity for trustees acting in good faith; that's been deleted. Amendment No. prohlbits any chançe in the trust, even With the agreement of al1 direct beneficiaries, that would shorten or hasten the termination of a trust. Those two amendments should be considered as limitations on the bill We originally passed . I move their concurrence.

PRESIDING OFFICER (SENATOR WEAVER)

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? not, the question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 486. Those in favor will vote Aye . Opposed, Nay. The voting is open. Have a1l voted Who wish? Have a11 voted Who Wish? Take the record . On that question, the Ayes are 57, the Nays are none, none voting Present. Senate Amendments -- House Amendments No. and to Senate Bill 486 are adopted -- are concurred The Senate, having received -- the bill, having received the required constitutional majorityr is declared passed.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) On the top of page 4 of Supplemental Calendar No. 1 is the Order of Concurrence. Senate Bill 496. Madam Secretary.

ACTING SECRETARY HAWKER

House Amendment No. to Senate Bill 496.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan.

SENATOR MADIGAN

Thank you, Mr. President. House Amendment No. l to Senate Bill 496 removed the immunity clause for employees of the Motor Vehicle Theft Prevention Council from the language in Senate Bill 496, and I would ask for concurrence to House Amendment No. to Senate Bill 496.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, the question is, shall the Senate 44 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 concur in House Amendment No. to Senate Bill 496. Those in favor will vote Aye. Opposed, vote Nay. The -- voting is open. Have a1l voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 57r the Nays are none, -- those voting Present are none. The Senate does concur in House Amendment No. 1 to Senate Bill 496, and the billr having received the required constitutional majority, is declared passed. Senator DeAngelis. Senate Bill 503. Madam Secretary.

ACTING SECRETARY HAWKER

House Amendment No . 2 to Senate Bill 503.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 503 is still intact. House Amendment No. <sic> added on a bill that Was on the Calendar in the House on Short Debate, House Bill 1393, Which permits DCCA to provide flnancial asslstance for technology challenge grants. It also permits DCCA to make technology challenge grants to industry technology associations and helps secure federal research development projects, and to identify and develop technology programs capable of commercialization. It does a few other things in the technology challenge area. Be happy to answer any questions. PRESIDING OFFICERI (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall the Senate concur in House Amendment Na . 2 to Senate Bill 503. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who Wish? Have al1 voted who Wish? Have a1l voted who wish? Take the record. On that question, the Ayes are Nays are none, those voting Present are none . And the bill, havlng received the required constitutional majority, is declared 45 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 passed. Senate Bill 550. Senator DeAngells. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Amendment No. to Senate Bt1l 550.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 550 is still intact; however, the House added a House Amendment No. Which has three parts. The first part is amendlng the Employee Ownership Assistance Act. This was at the request of the Lieutenant Governor. It amends the Illinols Finance Development Act to give a technical clarification to its ability to help any unit of local government experiencing a financial emergency. And item number three: it amends the Illinois Environmental Facilities Financing Act, whereby clarifies the language on the expenses and fees that IDFA can charge When they issue bonds for pollution control. Be happy to answer any questions.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If notr the question isr shall the Senate concur in House Amendment No. 1 to Senate Bill 550. Those in favor will vote Aye. Opposed will vote Nay. And the voting ls open. Have a1l voted Who Wish? Have al1 voted who Wish? Have a11 voted who wish? Take the record . On that question, the Ayes are 56, the Nays are none, those votin: Present are none. The Senate does concur in House Amendment No. 1 to Senate Bill 550, and the bill, having received the required constitutional majority, is declared passed. Senate Bill 571. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Amendments 1 and to Senate Bill 571.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 46 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 Senator Butler. SENATOR BUTLER ) Thank you very much, Mr. President. There are two amendments to Senate Bill 571. House Amendment No. l creates a State Export Promotion Coordinating Council; its purpose is to promote the State 's export products. Amendment No. 4 amends the the Clvil Administrative Code and makes some changes ln the Industrial Training Program. This amendment has been agreed to by business and labor, and is also supported by DCCA. removes the current limitation of asslsting only manufacturers, and adds labor organization -- orçanizations as -- eligible grantees, and also adds a grant monitoring -- requirement. I would ask for a favorable approval.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR CULLERTON

Yes. Would the sponsor yleld?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Cullerton.

SENATOR CULLERTON

Senator, last week when you were speaking against a bill that was creating a new task force, -- I got the impression that you were against creating a new -- neW task forces that -- you know , that just Wasted time and didn't accomplish much and cost money. Is that what we have with Amendment No. 1?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

SENATOR BUTLER

One would hope nct. This is -- we 've been assured by the Department of Agriculture that this will not cost them anything; they could do it within their available resources.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 47 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24# 1993 Any further discussion? Senator Demuzio.

SENATOR DEMUZIO

Well, thank you, Mr. President and Ladies and Gentlemen of the Senate. Just a while ago we had Senate Bill 550, and now we have 571. Again, We are commandlng the Department of Commerce . and Community Affairs to do all kinds of different functions and duties, and many of us probably were under the impresslon that DCCA had this responsibility. And just apparently -- now that we have a11 these bills here making these varlous commandments and making these various mandates on the Department of Commerce and Community Affairs, hesitate to think of what the appropriation bill for the Department of Commerce and Community Affairs is going to be at the end either the end of this Session or end of next year. Theydre going to be back here saying, ''Geer We need forty million dollars to do a11 the things that We were commanded to do by the General Assembly this yearn. Sor obviously it's something everybody's going to vote for, but next yearr why, it will just be millions to -- to honor a1l of the commitments that we are askin: them to nake.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Topinka.

SENATOR TOPINKA

Yes, Mr. President: Ladies and Gentlemen of the Senate. I'd speak in support of this particular amendment. It did come out of the Citizens ' Assembly for the Council on Economic Development, and it strongly moves the direction of trying to create prlvate sector involvement. The Department was not only supportive; they provided, you know, most of the language and background for it. It isn 't going to cost them anything. They feel they can absorb in their budget. If we can do anything to -- to move out some of the things we're doing from the State into the private sector where they are Willing to do and it costs us nothing, gee, 48 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 think we 've got a winner here. I'd urge support.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? not, Senator Butler, to close.

SENATOR BUTLER

Well, just merely to assure Senator Demuzio that if DCCA'S spending goes up dramatically, it won't be because of this bill. Al1 wedre doing ls adding labor organlzations as eligible grantees to the funding of industrial training programs, so the cost is zilch.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall the Senate concur in House Amendments No. and 4 to Senate Bill 571. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, voting Present. The Senate does concur in House Amendments No . and 4 to Senate Bi11 571, and the bill: having received the required constitutional majority, is declared passed. Senate Bill 576. Madam President -- Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Amendment No. to Senate Bill 576.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.

SENATOR CRONIN

Thank you, Mr. President and Ladles and Gentlemen of the Senate. House Bill -- or Senate Bill 576 passed out of the Senate with unanimous supportr went to the House, Was amended by Representative Frias. The request -- the amendment constitutes a request from the Ganing Board. amends the Riverboat Gambling Act to flush out the criminal history background checks. It applies to FBI records. It requires the State Police to supply disposition information on applicants for current records and 49 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 charges filed after a request is made. It also does certain provlsions with respect to flngerprints that currently are requlred to be taken every year. This provision would allow them to be taken once, and the information is updated every year. So would save money, and it's still just as efficient.. ask for a favorable vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall the Senate concur House Amendment No. l to Senate Bill 576. Those in favor will vote Aye. Opposed will vote Nay. And the votin: is open. Have al1 voted Who wish? Have all voted who wlsh? Have a1l voted who Wish? Take the record. On that questionr the Ayes are 57, Nays are none, none having voted Present. The Senate does concur House Amendment No. 1 to Senate Bill 576, and the bill, having received the required constitutional majority, is declared passed. Senate Bill 614. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Amendment No. l to Senate Bill 614.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR O 'MALLEY

Thank youy Mr. President, Members of the Senate. What you have before you now is House Amendment No. l to Senate Bill 614. It's offered by Representative Santiago. It does two things. First of all, it amends the Juvenile Court Act of 1987 to allow a court to order a minor found to be delinquent for criminal damage to property to serve at least one hundred hours of community service or clean up and repair of the damage. This is intended to be -- a permissive sentence. Secondly, it amends the Uniform Code -- I'm sorryr the Unified Code of Corrections, to require a court and point out that it's ''require''; it's a mandatory provision - requires the court to sentence an adult 50 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 defendant who has been found guilty of this crime to clean up and repair the damage or pay restltution. This -- thls amendment was reported out of the Executive Connittee earlier today on a Be Adopted recommendation on attendance roll call. would invite the co-sponsor of Senate Bill 614, Bruce Farley, to answer any questions or make any comments that there might be raised. Thank you.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Hawklnson.

SENATOR HAWKINSON

Thank you. Will the sponsor yield for a questton?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield, Senator Hawkinson.

SENATOR HAWKINSON

Senator, our analysis indicates that this was a bill that was held in the Judiclary Committee thls year, and -- and my recollection would be that Was probably held because had mandatory community service, as opposed to the concept in Senator Lapaille's bill of a similar nature, which says that a county, if they don 't have a community service program , is not required to establish one simply because of this bill. Does this require counties and municipalities to establish community service programs if they don 't have then now?

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR O 'MALLEY

Senator, I -- I believe the Way to answer the question is that the provision regarding adult defendants is mandatory, and it deals with the requirement to repair the damage or pay restitution. The community service portion of it is not mandatory . It's permissiver and the court may entertain thls. And perhaps Senator Farley would like to add to that. 51 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Farley.

SENATOR FARLEY

That's my understandingz Mr. President, Ladies and Gentlemen, that -- as the bill is drafted, on page 3, iine 3l, it says ''may be required to complete at least l00 hours...'' If that answers your question, Senator.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson.

SENATOR HAWKINSON

Well, I Wonder if the sponsor Would agree to take it out of the record, because while -- for nowr while we have our Senate Judiciary staff look at it. There's a difference between giving the court the discretion to order it, but -- if a Judge orders it when there's no community service proqram available in the county, you 've really put the county in a bind. And think we ought to take a look at this, ask him just for -- for the moment if he'd take it out of the record.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR O 'MALLEY

That -- that'd be fine, Senator. We'11 take it -- we'll take it out of the record.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Out of the record. Out of the record, Madam Secretary. The bottom of page 4 of Supplemental Senate Calendar No . 1, we have Senate Bill 625. Senator Karpiel. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Amendments 1, 2, 4, 5 and 8 to Senate Bill 625.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel. 52 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 Concur .

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discusslon? not, the question is, shall the Senate concur in House Amendment No. l to Senate Bl1l 641. Those in favor Will vote Aye. Opposed,. vote Nay. And the voting is open. Have a11 voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 56, the Nays are noner none voting Present. The Senate does concur in House Amendment No. to Senate Bill 641, and the bill, having received the required constitutional majorityr is declared passed. Senate Bill 651. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Amendments 1 and 2 to Senate Bill 651.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Barkhausen.

SENATOR BARKHAUSEN

Thank you, Mr. President and Members. Thls is the general Revisory Act. House Amendment is a mere eight hundred and seventy-seven pages long . I I know you 're a1l anxious for me to explain lt in gruesome detail, but I'm of a mind just to ask for concurrencer both in House Amendment 1 and House Amendment 2.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If notz the question is, shall the Senate concur in House Amendments No. l and 2 to Senate Bill 651. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have al1 voted Who wish? Have al1 voted who wish? Have a1l voted Who wish? Take the record. On that question, the Ayes are 56, the Nays are none, voting Present. The Senate does concur in House Amendments No. l and 2 to Senate Bill -- 651, and the billr having received the required constitutional majorlty, is declared passed. Is there leave to have Senator de1 Valle handle Senate Bill 7l2 for Senator Palmer? 54 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

SENATOR KARPIEL

Thank you, Mr. President. Senate Bill 625 is the annual DOT conveyance bill. The Amendments 1, 4, and 5 that were added in the House are simply more conveyances; and r unless you want me to read through every one of them r that's.what it does.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If notr the question is, shall the Senate concur ln House Amendments No. 2, 3, 4, 5 and 8 to Senate Bill 625. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have a1l voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. The Senate does concur in House Amendments No. 2, 3, 4, 5 and 8 to Senate Bill 625, and the bill, having received the required constitutional majority, is declared passed. On the top of page 5 of Supplemental Calendar No. Senator Cullerton. Madam Secretary, Senate Bill 641. Read the bill.

ACTING SECRETARY HAWKER

House Amendment No. to Senate Bill 641.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.

SENATOR CULLERTON

Thank you, Mr. President, Members of the Senate. would move to concur with House Amendment No. It was added at the request of the Department of Professional Regulation, and it is supported by the Illinois Psycholcgical Association, which was in support of the bill initially . The -- the amendment simply says that ''This Act shall not apply to persons lawfully carrying on their particular profession or business under any valid existing regulatory Act of the State.'' This is found in the other licensure Acts, such as the Medical Practice Act. So r for that reason, it's an agreed upon amendment, and I would move that we 53 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24: 1993 Leave is granted. Senate Bill 712, on the Order of Motions to Concur. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Amendments lr 2 and 4 to Senate Bill 712.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator del Valle. SENATOR dEL VALLE : Thank you, Mr. President. I move to non-concur with House Amendments l and 2, and I will be concurring with House Amendment 4 - concur. Well, the first would be the concurrence, and that would be House Amendment No. 4. This amendment Was approved unanimously by the Publlc Hea1th and Welfare Committee. It authorizes the Department of Public Hea1th to establish sites for immunization of children, or referring parents to other programs that provide immunizations.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator de1 Valle moves to concur in House Amendment No . 4 to Senate Bill 712. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have al1 voted who wish? Have a1l voted Who wish? Have al1 voted who wish? Take the record. On that question, there are 57 Ayese no Nays, none voting Present. The Senate does concur in House Amendment No. 4 to Senate Bill 712. Senator de1 Valle . SENATOR dEL VALLE: Thank -- thank your Mr. President. move to non-concur With House Amendments 1 and 2.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator de1 Valle noW -- moves to non-concur House Amendments No. and to Senate Bill 712. A11 those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carriesy and the Secretary shall inform the House. Senate Bill 759. Senator Petka . Madam Secretary, read the bill. 55 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

ACTING SECRETARY HAWRER

House Amendment No . to Senate Bill 759.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.

SENATOR PETKA

Thank you very much, Mr. President and Members of the Senate. House Amendment No. to Senate Bill 759 would impose a surcharge of twenty-five percent of any fine which might be levied for unlawful use of weapons violation. The monies collected would then be sent to the State Treasurer for deposit in the Trauma Center Fund. This surcharge cannot be reduced for time served prior to any sentencing. The matter was adopted the amendment was adopted unanimously in the Judiciary Committee, and would move for its concurrence.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? not, the question is, shall the Senate concur in House Anendment No. l to Senate Bill 759. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record . On that questionr the Ayes are 57, the Nays are none, none voting Present. The Senate does concur in House Amendment No. to Senate Bill 759, and the bllly having received the required constitutional majority, declared passed. Senate Bill 828. Senator Phllip. Senator Philip, do you wish to move 8287 Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Amendments 1 and 2 to Senate Bill 828.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.

SENATOR PHILIP

Thank you, Mr. President, Ladies and Gentlemen of the Senate. There are two -- two amendments on House -- on Senate Bill 828. 56 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 The first amendment, House Amendment No. 1, changes the provlslon exemptlng transfers to mortgages <s1c>. The second amendment, No. requires sellers to explaln the items on the disclosure from what are marked ''not applicable''. They're both technical in nature. The -- the Board of Realtors and the Department of Professional Regulatlons have both signed off. So I'd ask for a favorable vote. PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? noty the question is, shall the Senate concur in House Amendments No. l and 2 to Senate Bill 828. Those in favor will vote Aye. Opposed, vote Nay . And 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, the Ayes are the Nays are none, none voting Present. The Senate does concur in House Amendments No. 1 and 2 to Senate Bill 828, and the bill, having recelved the required constitutional majority, is declared passed. Senate Bill 830. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: House Amendments 2, 4 and 7 to Senate Bill 830. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan. SENATOR MADIGAN: Thank youy Mr. President and Members of the Senate. House Amendments 2 and 4 to Senate Bill 830 require that the uniform claim form be developed for a11 types of insurance and not just for health insurance policies. House Amendment No . 7 that was added to Senate Bill 830 moves the preexisting condltion time period from six months to twelve months, and provides that health plans with respect to small employers may not be modified, except that speclfic coverages may be limited for up to twelve nonths. And I would move for concurrence on House Amendments 2, 4 and to Senate Bill 830. 57 K STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Carroll.

SENATOR CARROLL

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senator Madigan, if T could, I am a little confused by House Amendment No. 7. It sounds to me that we are creating a -- a greater disadvantage to someone who has a preexisting condition. If -- I'm reading it correctly, just from our Digest, today a person had a preexisting condition within six months of getting into this group, they could be excluded or charged an extra premium. This would noW say if it was six months and a day up to twelve months they could also exclude it. So We 're making it tougher for people who had a preexisting condition to get coverage. Is that correct?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madlgan.

SENATOR MADIGAN

I think that's -- yes, Senator, believe that's correct.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Carroll.

SENATOR CARROLL

Thank you. I recognize, Senator Madlgan, that it was a House amendment, but Why -- what would be the public policy purpose for the Senate to say that a person who had -- a condition more than six months ago we would now want to exclude from insurance coverage?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan.

SENATOR MADIGAN

Thank you, Mr. President. Well, Senator Carroll, about a1l I can respond to is that this Senate Bill 830 has several other benefits to it: the affordabllity of it, the portability of it. 58 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24y 1993 And yes, this Was a House amendment. I -- it's my opinion that We should have stuck with the six months. The twelve months was put on. I believe that we should concur in this House amendment and send thls bill to the Governor, because of the other benefits to this -- to Senate Bill 830.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Carroll.

SENATOR CARROLL

Thank you, Mr. President. Senator Madigan, I agree With the other benefits and strongly support and I -- I guess I agree now with what I thought When I read this that you seem to agree with. would then ask if We could again divide the question and have Amendment No. dealt with separately, and I Would suggest we non-concur in that.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan.

SENATOR MADIGAN

Yeah. Well, 1'11 go along With -- we'll divide the question on this.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) The questlon is, shall the Senate concur in House Amendments No. 2 and 4 to Senate Bill 830. Those in favor will -- will vote Aye. Opposed, vote Nay. And the voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted Who Wish? Take the record. On that question, the Ayes are 56, the Nays are none, none votlng Present. The Senate does concur in House Amendments No. 2 and 4 to Senaee Bill 830. Senator Madigan.

SENATOR MADIGAN

Thank you, Mr. President. On House Amendment No . I would still stand in support. This was negotiated over in the House, and I must stand support of House Amendment No. and ask for concurrence on that amendment as well. 59 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislatlve Day May 24, 1993

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Carroll.

SENATOR CARROLL

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I then am forced to rise in opposition to the notion to concur. I believe we should non-concur and ask the House to recede. think, as Senator Madigan indicated, his interest is in getting the bill to the Governor; mine is likewise. Howeverr it seems to me that we are denying coverage now for no legitimate reason. Maybe it's because we're not aware of somethin: the House knew , but that We should not be taking coverage away from people Who happen to have had a preexisting condition more than six months ago. The current law says you can exclude them r or actually charge them morer six months ago . Why would we want to noW make a year ago? think we should non-concur and ask the House to recede.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR CULLERTON

Yes. would also rise in opposition to the motion, because thls is a very -- the underlying bill is an excellent bill, and apparently even the sponsor finds that this amendment, put on in the House by this Representative Hicks, is not an ideal amendment. So, what we can do is non-concur, and then we can just tell this Representative Hicks that he ought to recede from that amendment. And -- that Way, this excellent bill will go right to the Governor. Andr you know, every once in a while, We in the Senate have to stand up to the House, and this wculd be a good opportunity to tell them, ''Lookit, we don't like your amendment.'' It's a great bill; let's just do it without the amendment.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Madigan, to close. 60 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59*b Legislative Day May 24r 1993

SENATOR MADIGAN

Thank you, Mr. President. Thank your Senator Cullerton. Your remarks Will be passed on to the Speaker. The -- the plan is still a much more generous plan than what has ever been in place before. It offers renewability. The employee can take this insurance from job to job, and I would ask for concurrence on Amendment No. 7 to Senate...

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall the Senate concur House Amendment No . 7 to Senate Bill 830. Those in favor will vote Aye. Opposed will vote Nay. And the votln: is open. Have all voted who wish? Have a11 voted Who Wish? Have al1 voted who wish? Take the record. On that questionr the Ayes are 30, the Nays are 27r and none votlng Present. The Senate does concur in House Amendment No . to Senate Bill 830, and the blll, having received the required constitutional majority, is declared passed. Senator Carroll, for what purpose do you arise?

SENATOR CARROLL

Thank you, Mr. President. Because of the closeness, Would ask for a verification of the affirmative vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) That request is order. Senator Carroll has requested a verification. Will al1 Senators please be in their seat? Secretary Will read the affirmative votes.

ACTING SECRETARY HAWKER

The following members voted in the affirmative: Barkhausen, Burzynski, Butler, DeAngelisr Donahuer Dudycz, Ralph Dunn, Fawell, Fitzgerald, Geo-Karis, Hasara, Karpiel, Klemm; Lauzenp Madigan, Mahar, Maitland, Mccrackenr O 'Malley, Peterson, Petka, Raica r Rauschenberger, Sieben, Syverson, Topinka, Watson, Weaver, Woodyard , and Mr. President.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) 61 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24r 1993 Senator Carroll, do you wish to question the presence of any Member?

SENATOR CARROLL

Yes, Mr. President. Senator Raica?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Raica? Senator Raica just emersed from the phone b00th.

SENATOR CARROLL

Thank you. Senator ...lmicrophone cutoffl...

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Barkhausen's in his seat.

SENATOR CARROLL

Senator -- Senator Watson?

PRESIDENT OFFICER (SENATOR DUDYCZ)

PRESIDENT OFFICER: (SENATOR DUDYCZ) Senator Watson 's...

SENATOR CARROLL

He just Walked in, okay. Senator Ralph Dunn has come back. Senator Mccracken, We said, came back. Senator DeAngelis?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis? Senator DeAngelis just emerged from the phone b00th.

SENATOR CARROLL

Senator Burzynski?

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Burzynski's in his seat.

SENATOR CARROLL

In his seat, I'm sorry. Okay, thank you, Mr. President.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) On a verified roll call, the Ayes are 30, the Nays are 27, and none voting Present. Senate Bill 830, havin: received the required constitutional majority, -- is declared passed. Senate Bill 964. Senator Hasara? Madam Secretary, read the bill. 62 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993

ACTING SECRETARY HAWKER

House Amendments 1, 2, 4 and 5 to Senate Bill 964.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hasara.

SENATOR HASARA

Thank you, Mr. President. move to concur in Senate Amendments -- in House Amendments No. 1: 2, and 4 to Senate Bill 964. What this -- what these do is to create a program under the Illinois Development Flnance Authority for funding community health centers in rural communities. This has been an agreement; it's been worked out, and long hours have been spent getting the language together. Some of the amendments were technically incorrect, and *he amendments followlng those corrected those. So, be glad to answer any questions, and would ask for a favorable vote.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any dlscussion? If nct, Senator Hasara has moved to concur in House Amendments No . 1, 2, 3 and 4 to Senate Bill 964. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted Who Wish? Have a11 voted who wish? Have al1 voted who Wish? Take the record. On that question, there are Ayes, no Nays, none voting Present. The Senate does concur in House Amendments No . 4 to Senate Bill 964. Senator Hasara.

SENATOR HASARA

Thank you, Mr. President. move to non-concur in House Amendment No. 5 to Senate Bill 964. There is a technical error, and it will be corrected in conference.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? not, Senator Hasara has moved to non-concur in House Amendment No. 5 to Senate Bill 964. Those in favor, say Aye. Opposed, Nay. And the Ayes have The motion 63 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 carries, and the Secretary shall so inform the House. Senate Bill 966. Senator O 'Malley's. Madam Secretary, read the bill.

ACTING SECRETARY HAWKER

House Amendment No . to Senate Bill 966.

PRESIDING OFFICER (SENATOR DUDYCZ)

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

SENATOR O'MALLEY

Thank you, Mr. President and Members of the Senate. I move that the Senate concur with House Amendment 1 to Senate Bill 966. The House amendment restored language that lists examples of engineering practices. This amendment was arised <sic> at -- arrived at after consultation with geologists and industrial hygienists. In -- in setting forth reccgnition -- recognition, measurement and evaluation control of environmental system emissions in Senate Bill 966 is an example of professional engineering practice. The intent not to make this practice exclusive to professional engineersr but to assure that professional englneers could continue to perform these functions in the event of the enactment of the Industrial Hygiene Licensing Act. The same holds true for the examples of geology and geohydrology, incidental to the practice of professional engineering , that are also included in the House amendment. Unchanged the bill is language that permits professional engineers to seal work developed in conjunction with accepted englneering standards. I move for concurrence in House Amendment No.

PRESIDING OFFICER (SENATOR DUDYCZ)

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall the Senate concur in House Amendment -- No. to Senate Bill 966. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted Who Wish? Have a1l voted who wish? Take the record. On that question, the Ayes 64 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 are 57, the Nays are none, none voting Present. The Senate does concur in House Amendment No. 1 to Senate Bill 966, and the bill, having received the required constitutional majority, is declared passed.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) .. . tmachine cutoffl...Bill 1076. Mr. Ksic> Secretary.

ACTING SECRETARY HAWKER

House Amendment No. to Senate Bill 1076.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

SENATOR SIEBEN

Thank you, Mr. President, Ladies and Gentlemen of the Senate. move to concur ln House Amendment No . which was approved by the Judiciary Committee today. The Amendment No. 1 simply adds some clarlfying language to the bill by adding the words Ilfor that offense''. It makes no substantive change in the billr and I would move for concurrence with that amendment.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question isr shall the Senate concur in House Amendments 1 to Senate Bill 1076. Those favor, vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who wish? Have a11 voted who wish? Have a1l voted who Wlsh? Take the record, Madam Secretary. On that question, there are 56 <sic> (57) Ayes, no Nays, no Members voting Present. The Senate does concur in House Amendment 1 to Senate Bill 1076. Senate Bill 1078. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Amendment No. 3 to Senate Bill 1078.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lapaille. SENATOR LaPAILLE: Thank you, Mr. President, Ladies and Gentlemen of the Senate. 65 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59*b Legislative Day May 24, 1993 Senate Bill 1078 was amended in the House With House Amendment No. 3. What it did -- it the amendment baslcally took care of a concern that Senator de1 Valle raisedr where community service would now be required of both minors and adults. We're finding that many of the graffiti artists are people that are in their twenties or thirties, because they're part of a gang, and they may be the leader of the gang; we want to require adults as well with ccmmunity service. But we do put a loophole in there for counties that do not have community service programs, so we will not be burdening counties that don't have a communlty service program with initiating one for graffiti. Number two, we also changed the - - the Cook County Sheriff will now administer the funds - the reward funds as well as the clean-up funds - for mass transit. If the crime is committed within the City of Chicago, the funds will be used on the Chicago Transit Authority; if they're committed in the suburban area of Cook County, they would be used on the Metra-pace busesr Metra trains, etc. It passed the Senate Judiciary Committee, this amendment, this morning with approval, and I would seek for its adoption and passage of the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is, shall the Senate concur in House Amendment No . 3 to Senate Bill 1078. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have al1 voted Who Wish? Take the record, Madam Secretary. On that question, there are 56 <sic> (57) Ayes, no Naysr no Members voting Present. The Senate does concur in House Amendments No. -- No . 3 to House <sic> Bill 1078, and Senate Bill 1078, having received the required constitutional majority, is declared passed. Senate Bi11 1096. Read the bill, Madam Secretary.

ACTING SECRETARY HAWKER

House Amendment No. 1 to Senate Bill 1096. 66 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24r 1993

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. House Amendment No. 1 strengthens some of the provisions of the bill as it passed the Senate is -- and is in llne With the original intent of the bill. It's an amendment that was recommended by the Illinois Student Assistance Commission and it moves the new congressional statutory language regarding oversight of a11 higher education institutions Which participate in the federal student loan programs from the Private Business and Vocaticnal Schools Act to the recently enacted Higher Education Student Assistance Act: and it retains new statutory language regarding oversight of private business and vocational schools. Also requires that the private business and vocational schools include in the enrollment agreement, as Well as the cosmetology schools, the students -- the school's federal student loan cohort default rate reported for the last three years.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator Dudycz.

SENATOR DUDYCZ

Yes, thank you, Mr. President. A question of the sponsor, please.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR DUDYCZ

Senator, did you have any discussions whatsoever with the Illinois Association of Cosmetology Schools regarding the provisions in House Amendment No. 17

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator del Valle. SENATOR dEL VALLE: Theydre aware of the provisions in and certainly the 67 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislatlve Day May 24# 1993 committee had hearings, and there was ample opportunity for them to testify. They did appear before the committee at some point on another bill, but not on this one.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

SENATOR DUDYCZ

Well, you are correct. I was informed by the representative from the schools that they were -- had a conflict; they were not able to get to the committee yesterday, but I just want to make clear to the Membership that the part dealing With the cosmetology schools they're up in arms and I believe, riqhtfully so, because there has been no indication -- other than prior to the amendment being adopted by the House -- or being put on the -- on the bill by the House sponsor: there Was no communications attempted between the House sponsor or the cosmetologists. As a matter of fact, Senator, when Senate Bill 1096 passed out of here originally, I asked your was lt your intent tc have that language regarding the cosmetologists and the barbers come back here, and you indicated to me, quite clearlyr that it was not your intention to -- to have any such language added . Here you come, May 25th <sic>, with the same language that you said you were not going to have on here. And I Would think that we should al1 vote No on it, and maybe you should see -- seek a conference committee.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator de1 Valle. SENATOR dEL VALLE: Well, Senator Dudycz, you're totally mistaken - totally. And if you will pull the transcripts, you'll recall that in response to your questiony I clearly stated that I wasn't sure Whether an amendment was needed, but that if an amendment was needed, we would do it in the House. And the amendment Was at the request of the Illinois Student Assistance Commission, and the purpose of the 68 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24r 1993 amendment is to make sure that we have uniformity in the Statutes, regarding the oversight of the Illinois Student Assistance Commissionr of a11 proprietary schools. This is for the purpose of uniformity, and we included the requirement, because the original bill, even though it dealt with the private trade and business schools, did not include the cosmetology schools because they were under a different Section of the Statutes reçarding the Department of Professional Regulation. say to the Members here, even though there was ample opportunity for the schools to come forth and testify in committee: as recently as this mcrning, when this bill passed out of the Education Committee unanimously, because our Members recognize that there are many abuses that are taking place and there are taxpayers' dollars that are belng wasted. This is a consumer student protection measure that is long overdue and certainly - certainly - the students that appeared before our committee on another bill made it clear that they need protection. Not only do the students need protection, but the taxpayers need protectlon. Illinois has 1ed the way in the nation in getting the Federal Government to get act together in regulation of proprietary schools. Here's another opportunity to expand on that, and I would ask the Members to seriously look at this, because certainly, it is a step ln the right direction.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

SENATOR DUDYCZ

Well -- Well, thank you, Senator de1 Valle. I'm glad you brought up transcripts, because I'm holding them right here in my hands, and I'm going to read -- read the Words that Were Were said on April 16th. When I asked you, ''Do you know of any language that will include barber and cosmetology schools in this bil1?'' your answer Was, and quote: ''Wel1, -- I think 69 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 that...the current language that designates the departments that the Student Assistance Commission will work with covers that, because -- includes the Department of Professional Regulation, which is the Department that oversees barber and cosmetology schools. But if there is a need for clarification, we wlll do that.'' Then I asked you: ''So, in other words, just clarifying language: not new language dealing with cosmetoloçy and barbers. Is that correct?'' At that point you were nodding your head, yes, that's correct, and you closed.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator de1 Valle. SENATOR dEL VALLE: thank you very much, Senator Dudyczr for having those transcripts available, because you just made my point. You just certainly verified my statement: If the language was needed, I would amend it, and that's exactly What we did, at the request of the Illinois Student Assistance Commission that wants to make sure that it's perfectly clear that they have oversight authority over barber and cosmetology schools, as they have over the private and buslness schools. That's a1l this does that's al1 this does. It's clarifying language, which I said we would do lf the Illinois Student Assistance Commission felt that lt Was necessary. This ls their amendment; they support and I would have -- or ask this Body to also support it.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR WATSON

Yes, thank you, Mr. Presldent. guess a question of the S#OnSOr.

PRESIDING OFFICER (SENATOR MAITLAND)

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

SENATOR WATSON

70 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24g 1993 Senator de1 Valle, do the cosmetology and barber schools noW receive any klnd of reimbursement from the Illinois Student Assistance Commission?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator de1 Valle. SENATOR dEL VALLE: These are -- they receive, through the students, federal loans. This bill ls regarding the federal loan programs and the Illinois Student Assistance Commission does oversee that.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

SENATOR WATSON

Okay. But the fact is then that they do not actually receive any direct compensation from the -- so that -- okay, that 1et - - 1et me just clear one thing up, and it's unfortunate what's happened here, and -- and Senator de1 Valle is correct when he said this passed unanimously out of the Education Committee, as it did. But there was a great deal of discussion on this issue and a lot of questions from al1 the Members, because, quite frankly, we didn't really know where the cosmetology and the barber schools and where they might be coming from. A very unfortunate situation, Senator, because I think you offer this in good faith. But I think now the -- their position is perfectly clear; they have some concerns with this, and think that this is the time nowr unfortunatelyr to -- that we need to defeat this motion to concur and ask for a non-concurrencer even though the Education Committee unanimously supported this. Due to an unfortunate circumstance, the position of this particular group Was not known at -- this mcrning at that particular time. Very unfortunate, but would encourage a No vote.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Fawell. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24r 1993

SENATOR FAWELL

Thank you very much. Will the sponsor yield for a questicn?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he w11l yield, Senator Fawell.

SENATOR FAWELL

Senator del Valle, is lt true that What has happened With some of these barber schools and beauty shop schools, cosmetology, that that the students are borrowing -- federal monies, giving the federal monies to some of these schools, the schools are then closing, leaving, and then the students are stuck havlng to pay back the loans and not receive the training? Is that what is happening? Is that what is the concern of the Student the Illinois Student Commission?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator de1 Valle. SENATOR dEL VALLE: Senator Fawell, that is correct, but remind you that it's not just the students that are gettlng stuck, and many times çoing inEo defaulE; it 's the taxpayers that are getting stuck also.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell.

SENATOR FAWELL

Could we -- could we have a little order, please?

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Please give the Lady your attention.

SENATOR FAWELL

So -- so what we're sayinç is that the -- when the -- when the students a1l of a sudden find that the -- the school has closed their doors and they don't have the training, theyr in effect, do not get the training that will enable them to pay back the loans, so thaty in effect, the -- the taxpayer picks up the cost and the only one that makes out like a bandit are some of these schools 72 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 that are closin: and -- and not training the people that they said they Would train.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator de1 Valle. SENATOR dEL VALLE: That -- that's correct. And, Senator Fawell, one of -- one of the most important provisions in this bill is the listing of the three-year default rates on the student agreement, so that people will know whether or not a school is ln danger of being suspended and taken out of ehe Federal Studene Loan Program . Thereforer youdre not going to have students enrolling in a school that's danger of shutting down, leaving the students without any training and leaving the taxpayers footing the bill.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell.

SENATOR FAWELL

Wellr to the bill, then: seems to me that -- that a11 we're asking these schools is to come up and -- and tell how many students have enrolled, how many did graduate, how many d1d not graduate, so that these fly-by-night schools will not continue this fraud upon the students. And -- and the good schools will benefit, because they Will be the ones that will actually get the students. see nothing wrong with thls bill. In fact, it seems to me that you are a good school, you would be encouraged -- you would be encouraqing this kind of legislation, because your school would actually get the students.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator de1 Valle, you wish to close? SENATOR dEL VALLE: Thank you, Mr. President. And I -- I do Want the Members to to listen carefully. The part that the cosmetology schools 73 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 seem to be in opposltlon to is the part that requires information on the student agreement formy besides -- the default rates. Now, say to the Members that the information that Will be required on the form for *he cosmetology schools is the same information that ls already required by law for a11 private business and trade schools. It's already in place. What we 've done with this bill is we've said that in order to have uniformity, and in order for the Illinols Student Assistance Commission to do its job, and in order to make sure that students are fully inforned before they sign that agreement, that we have to make sure that the cosmetology school's agreement mirrors - is identical - to that already required of the private trade and business schools. That's all. There 's nothing new here. What wedre looking for is making sure that the Illinois Student Assistance Commission can do its job as required by the Federal Governmenty and that We provide the potential student with information that is very, very valuable the decision-making process - a decision that is not cnly important to them , but also important to the taxpayers that end up footing the bill when students default on their loans because they cannot find a job, or because the school closed, or because their training was inadequate. Thls is a consumer protection bill. It's a taxpayer protection bill, and I say to you, again, that the cosmetology schools had plenty of opportunity to deal with. Now, wedve got good cosmetology schools out there, but can tell you that in the City of Chicago , there continues to be a serious problem with people being ripped off. Now, this bill does not hurt, in any way, the good schools. They should have nothing to hide. They should have no problems with providing this information up-front, as the private trade and business schools already have to. And so I ask you to please support this bill that is going to make it possible for us to tighten things up even more. And the Federal Government has used our legislation as a 74 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 model - as a model - for developing their rules in the federal rewriee of the Higher Education Act. So T'm very proud of ehe fact that Illinois has 1ed the way. Let's continue that klnd of leadership. I urge an Aye vote.

PRESIDING OFFICER (SENATOR MAICLAND)

PRESIDING OFFICER: (SENATOR MAICLAND) This is final action. The question is, shall the Senate concur in House Amendment No . to Senate Bill 1096. Those in favor will vote Aye. Opposedr Nay. The voting is open. Have a11 voted who wish? Have a1l voted Who wish? Have al1 voted who wish? Have al1 voted who Wish? Take the recordy Madam Secretary. On that question, there are 26 Ayes, 18 Nays, 10 Members votin: Present. The motion fails. The Chair would now entertaln a motion to non-concur. Senator, do you wish to make that motion? Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. move to non-concur on House Amendment No. 1.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Senator de1 Valle has moved to non-concur in -- in House Amendment No. to Senate Bill 1096. A11 in favor, Aye. Those opposed, Nay. The Ayes have it. And the motion carrles, and the Secretary shall so inform the House. Senator Hawkinson, for what purpose do you rise, sir?

SENATOR HAWKINSON

Thank you, Mr. President. For purposes of an announcement.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) State your point.

SENATOR HAWKINSON

Senate Judiciary Conmittee will meet tamorrow at 11 o 'clock in Room 400. We have, think, five more concurrence amendments.

PRESIDING OFFTCER (SENATOR MAITLAND)

PRESIDING OFFTCER: (SENATOR MAITLAND) Let me indicate What What we 're going to do for the 75 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24, 1993 remainder of the afternoon. There will be some -- the Secretary will read in some Committee Reports, but We Will -- we will soon be recessing for some timeg and the only purpose for coming back will be to -- Messages from the House, nonsubstantive work and and the like. So -- and then We will at that point be adjourning until noon, Tuesdayy May 25th, but please stand by just for a moment. Mr. Secretary, Commlttee Reports.

Harry (surname or first name uncertain)

Committee Reports...

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) - - I'm sorry. Senator Demuzio, for what purpose do you riser sir?

SENATOR DEMUZIO

On a polnt of personal privilege. Let -- I had my light on at that last roll call and, you know, a 1ot of times, you know, we try, as -- as Members, to get into the rhythm of the -- of the Presiding Officer of the Senate, and sometimes that rhythm seems to escalate a little bit more than others. And we are trying to get into the rhythm of -- of you as the Presiding Officer, so if you would just perhaps concentrate on being a little slower on that ''take the record'', we'll try to get into the rhythm with you.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Well, -- Senator Demuzio, I don 't know -- what's -- What's the purpose? -- took the record...All right. right. Committee Reports, Mr. Secretary.

Harry (surname or first name uncertain)

Senator Raica, Chair of the Committee on Local Government and Elections, reports that motions to concur with House Amendments 1 and 2 to Senate Bill 45 Be Approved for Consideration; motion to concur with House Amendments 1 and 2 to Senate Bill 60 Be Approved for Consideration; motion to concur with House Amendment to Senate Bill 90 Be Approved for Consideration; motion to concur 76 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislatlve Day May 24, 1993 with House Amendments l and 3 tc Senate Bill 91 Be Approved for consideration; motion to concur with House Amendnents l and 2 to Senate Bill l92 Be Approved for Consideration; motion to concur with House Amendment to Senate Bill 538 Be Approved for Consideration; nction .to concur with House Amendment l to Senate Bill 7l4 Be Approved for Consideratlon. Senator Fawell, Chair of the Committee on Transportation, reports that motion to concur with House Amendments 2 and 3 to Senate Bill l57 Be Approved for Consideration; notion to concur with House Amendments l and to Senate Bill 439 Be Approved for Consideration; motion to concur with House Amendment 1 to Senate Bill 479 Be Approved for Consideration; and motion to concur with House Amendment l to Senate Bill 906 Be Approved for Conslderation. Senator Mahary Chair of the Committee on Environment and Energy, reports that the motion to concur with House Amendment to Senate Bill 41 Be Approved for Consideration; motion to concur with House Amendment 5 to Senate Bill 188 Be Approved for Consideration; motion to concur with House Amendments l and 2 to Senate Bill 227 Be Approved for Consideration; motlon to concur With House Amendment 1 to Senate Bill 543 Be Approved for Consideration; motion to concur with House Amendment to Senate Bill 6l6 Be Approved for Consideration; motion to concur with House Amendment to Senate Bill 764 Be Approved for Consideration; and motlon to concur with House Amendment l to Senate Bill 952 Be Apprcved for Consideration. Senator DeAngelis, Chair of the Committee on Revenue, reports that the motlon to concur with House Amendment l to Senate Bill 473 Be Approved for Consideration; motion to concur with House Amendments and 2 to Senate Bill 558 Be Approved for Consideration; motion to concur with House Amendments and 3 to Senate Bill 664 Be Approved for Consideration. 77 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day May 24r 1993 And Senator Barkhausen, Chair of the Committee on Financial Institutions, reports that the motion to concur With House Amendments l and 3 to Senate Bi11 383 Be Approved for Consideration; and the motlon to concur with House Amendments l and 2 to Senate Bill 490 Be Approved for Consideration. Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measures have been assigned to committees: to the Judiciary Committee motions to concur with House Amendments With respect to Senate Bills 25y 273, 289, 650 and 678) and Be Approved for Conslderation, Senate Amendment to Senate Joint Resolution 45.

PRESIDING OFEICER (SENATOR MAITLAND)

PRESIDING OFEICER: (SENATOR MAITLAND) Message from the House.

Harry (surname or first name uncertain)

A Message from the House by Mr. Rossi, Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has refused to concur with the Senate the adoption of their amendment to a bill of the following title, to wit: House Bill 1331, Which amendment is as follows: Senate Amendment No. Non-concurred in by the House, May 24th, 1993. am further directed to inform the Senate that the House of Representatlves has concurred with the Senate in the adoption of their amendments to a bill of the following title, to wit: House Bill 554, with Amendments and And I am further directed to inform the Senate that the House of Representatlves has refused to concur with the Senate in the adoption of Senate Amendment No. 3 to House Bill 554. Action taken by the House: May 24th, 1993.

PRESIDING OFFICER (SENATOR MAITLAND)

PRESIDING OFFICER: (SENATOR MAITLAND) Any further business? The Senate will stand in recess till 78 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislatlve Day May 24, 1993 the call of the Chair. (SENATE STANDS IN RECESS) (SENATE RECONVENES)

PRESIDING OFFICER (SENATOR RAICA)

PRESIDING OFFICER: (SENATOR RAICA) The Senate will come to order. Messages from the House, Mr. Secretary.

Harry (surname or first name uncertain)

Message from the House by Mr. Rossir Clerk. Mr. President am directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of their amendment to a bill of the following title, to wit: House Bill 991, Which amendment is as follows: Senate Amendment No. Non-concurred in by the House, May 24th# 1993. We have like messages on House Bill 1212, with Senate Amendments l and 27 and House B1ll 1302, With Senate Amendment No . 1. A11 non-concurred in by the House, May 24th, 1993.

PRESIDING OFFICER (SENATOR RAICA)

PRESIDING OFFICER: (SENATOR RAICA) Is there any further business to come before the Senate? not, Senator Donahue moves the Senate stand adjourned untll Tuesday, May 25th, the hour of noon. 79 REPORT: TIFLDâY STATE OF ILLIMOIS 9k/11/28 PAGE: 001 88TH GENERAL ASSEHBLY 13:3k:10 SEMATE DAILY TRANSCRIPTIQN OF DEBâTE INDEX HAY 2y, 1993 H8-0276 FIRST READING H8-0356 FIRST READING H8-0577 FIRST READING H8-0765 REFUSE T0 RECEDE HB-1613 REFUSE TO RECEDE H8-1852 REFUSE TO RECEDE HB-1915 REFUSE T0 RECEDE H8-2363 FIRST READING sB-0007 COMCURRENCE SB-0066 CCNCURRENCE SB-0066 OTHER SB-0099 COMCURRENCE sB-01k2 COPCURRENCE 53-0252 CONCO9RENCE s8-0262 CONCURRENCE 58-0325 CONCURREMCE 58-0345 NON-CONCURRENCE SB-03R7 CONCURREMCE sB-0k11 CONCURREMCE SB-0k18 COMCURHENCE 38-0425 COMCURRENCE 58-0425 MON-CONCURRENCE 38-0436 CONCURRENCE SB-0Rk2 MOM-CONCURRENCE SB-0M60 CONCURREMCE SB-0%78 CONCURRENCE 58-0483 CONCURRENCE SB-0k83 NOK-CONCURRENCE 58-0486 COMCURRENCE 58-0496 COMCURRENCE SB-0503 CONCURRENCE 58-0550 CONCURRENCE sB-0571 CONCURRENCE 58-0576 CONCURREMCE SB-061R CONCURREMCE :9-0614 MOTION SB-0617 NOM-CONCURREMCE 58-0625 COMCURRENCE 3B-06k1 COMCURRENCE SB-0651 COMCURRENCE SB-0651 HOTIOM sB-0T12 CONCURREMCE SB-0712 NON-CONCURREMCE SB-0730 NON-CONCURREMCE 58-0759 CONCURRENCE 58-0828 COMCURRENCE 38-0830 COMCURRENCE sB-0861 COMCURREMCE 58-0899 MON-CONCURREMCE 58-0926 NON-CONCURREMCE s8-0935 NCN-CONCURRENCE SB-09R0 NOM-CONCURRENCE SB-0951 NON-CONCURREMCE SB-096R COMCURRENCE SB-096k MON-CONCURREMCE 58-0966 CONCURREMCE 38-1076 CONCURRENCE SB-1O78 CONCURRENCE SB-1096 NOM-CONCURRENCE SR-0518 RESOLUTION OFFERED 5R-0519 RESOLUTION OFFERED SR-0520 RESOLUTION OFFERED SR-0521 RESOLUTIOM OFFERED SJR-0071 RESOLUTIOM OFFERED REPORT: TIFLDAY STATE OF ILLINOIS 9:/11/28 PâGE: 002 88TH GENERAL ASSEHBLY 13:3M:10 SEMATE DAILY TRANSCRIPTION OF DEBATE INDEX MâY 2k, 1993 SUBJECT HZTTER SEMATE TO ORDER-PRESIDEMT PHILIP PAGE 1 PRAYER-FATHER KURT SPEMGLER PAGE 1 JOURNALS-APPROVED PAGE 1 JOURNALS-POSTPONED PâGE 1 RECESS PAGE 20 SENATE RECONVENES PAGE 20 COHHITTEE REPORTS PAGE 21 COHMITTEE REPORTS PAGE 76 HESSAGES FROH THE HOUSE PAGE 78 RECESS PZGE 79 SENATE RECONVENES PAGE 79 MESSAGES FROM THE HOUSE PAGE 79 ADJOURNMENT PZGE 79