Illinois Senate Floor Debate — May 18, 1994

PRESIDING OFFICER: (SENATOR WEAVER) Senate will come to order. This is a perfunctory Session. Conmittee Reports.

Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measures have been assigned to committees: referred to the Conmittee on Executive - Senate Amendments 2, 3, 4, 5: 6: 7 and 8 to House Bill 1705.

PRESIDING OFFICER: (SENATOR WEAVER) The Senate Will reconvene at noon. (SENATE STANDS IN RECESS) (SENATE RECONVENES)

The regular Session of the 88th General Assembly Will please come to order. Will the Members please be at their desks and will our guests in the gallery please rise. Our prayer today will be given by Pastor Jamie Allen, Ashland Church of Christ, Ashland, Illinois. Pastor Allen.

(Prayer by Pastor Janie Allen)

Reading of the Journal. Senator Butler.

Mr. Presidenk, move that reading and approval of the Journals of Friday, May 13th, and Tuesday, May 17th, in the year 1994, be postponed, pending arrival of the printed Journals.

1  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Leglslative Day May l8, 1994 Senator Butler noves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcrlpt. There being no objection, so ordered. Committee Reports.

Senator Hakkinson, Chalr of .the Committee on Judiciarg, reports Senate Amendments 4 and 5 to House Bill 356 Be Adopted; Amendments 4 and 5 to House Bill 38l Be Adopted; Amendment l to House Bill 696 Be Adopted; Amendments 4 and 5 to House Bill 1129 Be Adopted; Amendment 1 to House Bill 2423 Be Adopted; and Amendment 3 to House 3ill 2809 Be Adopted. Senator Watson, Chair of the Committee on Education, reports M endment 2 to Rouse Bill 504 Be Adopted; M endment 4 to House Bill 2010 Be Adopted; M endment 2 to House Bill 2107 Be Adopted; M endment 6 to Rouse Bill 2638 Be Adopted ; and M endment 2 to House Bill 3244 Be Adopted . Senator Madigan, Chair of the Committee on Insurance, Pensions and Licensed Activitiesr reports Senate M endment 4 to House 3il1 2234 Be Adopted ; M endments 1 and 2 to House Bill 3322 Be Adopted ; and M endment 1 to House Bill 3485 Be Adopted.

Messages from the House .

Message from the House by Mr. Rossi, Clerk. Mr . President - T am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of Which I an instructed to ask the concurrence of the Senate y to wit : House Joint Resolution 86. Adopted by the House r May 12th y l994. It 's substant ive .

WICS-TV requests permission to tape. Is there any objection? If no* , leave is granted . Resolutions . 2  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 SECRETARY HARRY: ! Senate Resolution 1468, offered by Senator Woodyard. Senate Resolution 1471, by Senator Cullerton. Senate Resolution 1472 is offered by Senator Burzynski. Senator Weaver offers Senate Resolution 1473. Senate Resolution 1474, by Senator Dudycz, Philip and a11 Members. Senate Joint Resolution 160, by Senator O 'Danlel. And Senate Joint Resolution 161, by Senator Demuzio. They're a11 congratulatory or death resolutions, Mr. President. Senate Joint Resolution 162 is offered by Senator Hasara and a1l Members. It's alsa congratulatory. PRESIDENT PHILIP: . Consent Calendar.

Senate Resolution 1469: offered by Senator de1 Valle. . Senate Resoluticn 1470, by Senator O 'Malley. And Senate Resolution 1475, by Senator Jacobs. They 're all substantive.

FRESIDING OFFICER: (SENATOR WATSON) We'd llke to have the attention of the Body, if we could, please. Senator Hasara has a group here that she 'd like to introduce. Senator Hasara.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. On May 6th this Body voted on Senate Resolution No. 1393, and With me today is the State Scholastic Bowl Junior High School Championship Team from Chatham , Illinois. There are ten members of the team. Thank you. And with them is their teacher and coach, Marilyn O'Brien, and I Would like to introduce her to talk a little bit about what they did, and introduce the ten students 3  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 ! to you.

(Remarks and Introductlon by Marilyn O'Brien)

Thank you very much, and I Would like to add that Brad ls the son of Don Defoer who 's sitting up in the gallery - a friend that we a1l know. Thank you very much to the parents and teachers Who are here, and who have worked with these outstanding young people. Wedre certainly very proud of them. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara, for the purpose of a motion.

Yes . Mr . President , I would -- I move that we suspend the rules for immediate consideration of Senate Joint Resolution l62. This is a resolution honoring our own MayeBeth Hadfield1s father who is retir ing as superintendent of the Wllllamsville School District. And this will be presented at a reception in his honor next Sunday .

PRESIDING OFFICER: (SENATOR WATSON) Very good . Senator Hasara moves to suspend the rules for the purpose of the im ediate consideration and adoption of Senate Joint Resolution 162. Those in favor will say Aye. Opposed, Nay. The Ayes have it . The rules are suspended . Senator Hasara , if you would like to further explain the resolution .

I think I've embarrassed her enough. I would ask for its adoption .

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara has moved for the adoption of Senate Joint Resolution No. 182 <sic>. Those in favor, say Aye. Oppcsed, Nay . The Ayes have it , and the resolution is adopted . It 's the intention of the Chair to go to page 7 for House Bills 2nd 4  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 Reading. Near the top of the page -- of -- page 7 of Senate I Calendar is the Order of House Bills 2nd Reading. And the ; Membership is to be advised to nove these billsr as the deadline on Friday is quickly approaching. We nay not return to this order of business. In the.meantime, wedre going to go to House Bills 1st Reading.

House Bill 2613, offered by Senator Madigan. (Secretary reads title of bill) House Bill 2710, by Senator Cullerton . (Secretary reads title of bill) Senator Madigan offers House Bill 2836. (Secretary reads title of bill) House Bill 2855, by Senator Dudycz. (Secretary reads title of bill) House Bill 3070, by Senator Madigan. (Secretary reads title of bill) House Bill 4086, by Senator Madigan. (Secretary reads title of bill) And Senator Madigan offers House Bill 4137. (Secretary reads title of bill) 1st Reading of the bllls.

PRESIDING OFFICER: (SENATOR WATSON) I'd like to advlse the Membership that's within earshot that we ought to make our way to the Floor, because welre going to go to Order of 2nd Reading in just a feW momenbs. Senakor Syverson, for what purpose do you rise?

Mr. President, a point of personal privilege.

PRESIDING OFFICER: (SENATOR WATSON) i . State your point , Senator .

5  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 I think we'd be amiss we did not mention the fact, with the successful victory last night, as the Senate thrashed the House in cur softball game, final score being six to èour. It was really never even that close. The Senate doninated from the very beginning. would also like to point out that the MVP last nighty the Honorable Senator Hawkinson, Whc pitched the entire game: and had flve - count five - strikeouts. A couple in major innings. So congratulations to Carl on his MVP award, and to the Senate on their -- on their victory.

PRESIDING OFFICER: (SENATOR WATSON) Very well said, and the Chair Would like to add its congratulations to Senator Hawkinson. The Chair has been advised that the Senate d1d not do as well in the drawing. House Members won a11 three prizes, but we won the game. That's what counts. We're going to go to House Bills 2nd Reading, on page We'd like to have leave of the Body to return to 6, and And with leaver we -- leave being granted, we will go on to Hcuse Bill 343. Senator DeAngelis. House Bill 343. Senator DeAngelis. Read the bill, Mr. Secretary.

House Bill 343. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted one amendment.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Ploor amendments that have been approved for consideration, Mr. Secretary? SECRETAR? HARRY: No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate or House Bill 410. Senator DeAngelis. House Bill 610. Senator Shaw. Senator Shaw, on House Bill 610.  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 I i House Bill 1129. Senator Tcptnka. Senator Topinka, would you i like to call Hcuse Bill 11292 Senator Topinkar would you like to call House Bill 11297 Yesy she Would. Mr. Secretary: please read the bill.

House Bill 1129. (Secretary reads title of bi11) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.

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

M lendment No . 4, offered by Senator Hawklnson .

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson, to explaln the amendment. Take House Bill 1129 out of the record for noW . We may have leave to go back to that . House Bill 1786 . Senator Molaro . Senator Molaro , on House Bill 1786. W1th leave of tlne Body to come back to House Bill 2107 . House Bill 2627 . Senator DeAngelis . Senator Geo-Karis, for What purpose do you rise?

Point of personal privilege .

PRESIDING OFFICER: (SENATOR WATSON) State your point: na 'am.

Mr . President and Ladies and Gentlemen of the Senate r I would like to congratulate our Senate Baseball Team, Which performed outstandingly last night, and the captain, the present sitting President r Frank Watson ; and also Carl Hawkinson r Who did an outstanding job as pitcher. He struck out tWo or three fellows on the House side. They didn't strike any of ours. But I Want to 7  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 121st Legislative Day May 18, 1994 tell you that it Was a great show: because last year We tted, and we couldn 't get a chance to get our outs; We didn't playz because of the time factor. The year before, we won, and this time We Wcn without any question. And I Want to congratulate al1 the - 1 Gentlemen who played on the team, and I1m just sorry Doris Karpiel didn't join the teamz because she has played baseball before. But anyway, I think it's a Wcnderful situation, and I Want to thank Steve Hogan from St. Lcuis, from the -- out for the sponsor With the refreshments. I think it was great. We're very proud of you, Franky and a11 your accomplishments. Let's give our team a good hand.

PRESIDING OFFICER: (SENATOR WATSON) 'hank you very much. Senator Dudycz, for what purpose do you rise?

Well, thank you, Mr. President. I Would just like to know if Senator Welch would object to us naming a buildinq after Senator Hawkinson, after such fine leadership. Second year in a row We won the -- the baseball game. So I figured maybe tf you wouldn't objeet, I'd like to name sone building in the Capitol Complex after our fine leader of -- of our baseball team, Senator ! Hawkinson. And -- and naturally We have to -- we have to -- to compliment our own Jack Brickhouse or Harry Caray of the Senater Senator Count-Them-as-she-saw-Them Adeline Geo-Karis.

PRESIDING OFFICER: (SENATOR WATSON) genator Welch, for what purpose do you rise?

Wellz I just want to agree with Senator Dudycz. We do have a new toolshed out back that hasn 't been namedr and we could do that. Or *e could have a painting of Senator Hawkinson and hang that somewhere, or just hang Senator Hawkinson - one or the othery I guess. ! 8  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994

PRESIDING OFFICER: (SENATOR WATSON) Senator Snith, for What purpose do you rise?

Thank you, Mr. President. I Want to stand on a point of personal privilege, please . We have in the gallery here to my left a group -- they are called WAITS, W-A-I-T-S <2lc>(WITS) Leaders. Means Worklng in The School. And ue have Joanne Alter, who is a former commissloner cf reclamation. Will you stand. And Mrs. Marion Stone, and Mrs. Bobbie Glore, Who are directors of this project. And the Executive Director is Barbara Pace. Now they have brought with them two children from -- cne is from Mederay and that is La Toya Gordon, and w1th her mother is Mrs. Helen Collins ; and then we have Stephen Banks , and with his mother, Mrs. Regina Mack. They are our guests down here today of our Governor's Wife. She has a project that you call Illinois Reads , and they 're going to -- she 's going to give them an akard fron the Governor 's Mansion this afternocn . But they 're here now visiting with us, and I Would like for you to give them a hand.

PRESIDING OFFICER: (SENATOR WATSON) Welly thank you. Will our guests riser and we welcome you here to Springfield. Thank you for the work you're doing on behalf of young people . Senator Petka , for uhat purpose do you rise?

Well, thank you very muchr Mr. Presidentr Members of the Senate. Point of personal privilege.

PRESIDING OPPICER: (SENATOR WATSON) Please state your point: SenaEor.

It is indeed my high honor and -- and rare privilege to introduee to the Senate the graduation class of St . Mary Immaculate in Plainfield, my hometown and my home parish. They're 9  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 in the President's Galleryy and I would like to ask the Senate to join me in welcoming them to the Illinois Senate.

PRESIDING OFFICER: (SENATOR WATSON) Very good, Senator. Will our guests please rise, and welcone to.springfield. With leave of the Body, we'll go back to House Bill 1786. Senator Molaro. Please read the bill, Mr. Secretary .

House Bill 1786. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.

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

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator DeAngelisy on House Bill 2627. Please read the billr Mr. Secretary.

House Bill 2627. (Secretary reads title of bill) 2nd Reading of the b111. No committee or Floor amendments.

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

No further amendnents reported.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2631. Senatcr DeAngelis. It's House Bill 2631. The bottom of page You wish the bill to be read, Senator? Out of the record. House Bill 2938 has got a fiscal 10  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 note. House Bill 3094. Senator Raica. House Bill 3244. Senator DeAngelis. Out of the record. House Bill 3457. Senator Fawell. ' Please read the bill, Mr. Secretary. SECRETARY HARRY: . House Bt11 3457... PRESIDING OFFICER: (SENATOR WATSON) I beg your pardon. I believe the Senator wants that taken out ' of the record. House Bill 3551 has a fiscal note. Senator Fawell, would you like to proceed with that? House Bill 3551. Please read the bill, Mr. Secretary. SECRETARY HARRY: House Bill 3551. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDING OFFICER: (SENATOR WATSON) Out of the record. House Bill 3582. Senator Butler. Please read the bill, Mr. Secretary. SECRETARY HARRY: House Bill 3582. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted one amendment. PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideration? SECRETARY HARRY: No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) I 3rd Readlng. Senator Dudycz, on House Bill 3587. 0ut of the record . Senator Topinka. House Bill 3883. Please read the bkll, Mr. Secretary. SECRETARY HARRY: 11  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Leglslative Day May l8, 1994 House Bill 3883. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WATSON) Reading. House Bill 3975. Senator Topinka. Please read the billr Mr. Secretary.

Hcuse Bill 3975. (Secretary reads title of bi11) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted one amendment.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. We previously had leave to go back to page 7, House Bills 2nd Reading, House Bill 6. Senator Maitland. Mr. Secretary, would you please read the bill.

House Bill (Secretary reads title of bill) 2nd Readlng of the b111. The Committee on Appropriations adopted Amendment No.

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

No further anendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Readlng. House Bill 8. Senator Maitland. Read the bill, 12  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8z 1994 ; Mr. Secretary. SECRETARY HARRY: ; House Bill 8. (Secretary reads title of bi11) ' . 2nd Reading of the bill. The Ccnmittee on Appropriations adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR WATSON) : Have there been any Floor amendnents that have been approved I i for consideration? SECRETARY HARRY: ! No further amendments reported. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bll1 No . 9. Senator Maitland. Please read ; the bill, Mr. Secretary. l SECRETARY HARRY: House Bill 9. (Secretary reads title of bill) I 2nd Reading of the bill. The Conmittee on Appropriations adopted Amendments l and 2. PRESIDING OFFICER: (SENATOR WATSON) I Have there been any Floor amendments that have been approved for consideration? SECRETARY HARRY: i No further amendments reported. FRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Committee Reports, Mr. Secretary. I SECRETARY HARRY: Senator Karpiel, Chair of the Committee on Executive, reports Senate Joint Resolution l57 Be Adopted; and Senate Amendments No . ! 2, 3, 4, 5, 6, 7 and 8 to Hcuse Bill 1705 Be Adopted. I PRESIDING OFFICER: (SENATOR WATSON) It's the intention of the Chair to gc to House Bills 3rd 13  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 Reading. On page at the bottcm of the page, Ne Will begin House Bills 3rd Reading. The first one is House Bill 44, by Senator Mahar. Out of the record. House Bill 61. Senator Madigan. Out of the record. House Bill 99. Senator Berman. Out of the record. House Bills 232. Senator O 'Ma11ey. Senator O 'Malley? Out of the record. House Bill 298, by Senator Mahar. Out of the record. House Bill 356, by Senator Dudycz. Out of the record . House Bill 381. Senator Cronin. Out of the record. House Bill 457: by Senator Fawell. Out of the record. House Bi1l 539, by Senator Eitzgerald . Out of the record . House Bill 696, by Senator Petka . Senator Petka on the Floor? Out of the record . House Bill 742, by Senator Shadid. Out of the record. House Bill 767, by Senator Barkhausen. Senator Barkhausen on the Ploor? With leave of the Body, we would like to return to Hcuse Bill 696. Senator Petka. Senator Petka, do you wish this bill to be returned to 2nd Reading for the purpose of an amendment?

Yes, do. PRESTDING OFFTCERZ (SENATOR WATSON) Senator Petka seeks leave of the Body to return House Bill 696 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectiony leave granted. On the Order of 2nd Reading is House Bill 696. Mr. Secretary, are there any Floor anendments approved for consideration?

Amendment No. offered by Senators Petka, Burzynski, Hasara and Raica.

PRESIDING OFFICER: (SENATOR WATSON) Senatcr Petka.

Thank you very much, Mr. President, Members of the Senate. The Senate Amendment No . to House Bill 696 adds a number of 14  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 provisions to the underlying bill, which was a bill which provided certain types of contraband dealing with jallbreaks would be prohibited . The additlonal amendments are as follows: the first portion of the amendment adds Senate Bill 1515 that passed our Senate 49 to 4. This was basically Senate -- Senator Bev Fawell's juvenile justice crime package. Among other things, this Act requires at least five years probation for certain types of felony offenses. Also prohiblts a minor frcn being placed on supervision for first degree murder or a forcible felony. It also permits impeachment of a minor who testifies on his own behalf at a adjudication. Additlonally it creates a special category of violent juvenile offendersr a so-called two-time-loser billr for those juveniles who are convicted of forcible felonies of Class 2 or greater. They nust serve their sentence in the Department of Corrections until they are twenty-one years of age. Also a provision of the bill adds kidnapping, violent sexual offenses, armed robbery and armed violence to sentencing provisions, whlch impose longer sentences if the crime is committed within a thousand feet of a school campus or on a school bus. Additionally it adds the offenses of armed violence: aggravated hijacking, aggravated stalking and drive-by shootings to death penalty ; i provisions. And lastly, it reduces a time in which a post-conviction appeal can be filed after a conviction of three years. That's a brief explanation of the amendment. Mr. President, I would entertaln any questions on the amendment.

PRESIDING OPPICER: (SENATOR WATSON) Is there any discussion? Seeing nonep all those in favor, say i Aye. Opposed, Nay. The Ayes have itr and the anendment is adopted. Any further Floor amendments approved for consideration? SECRETARY HARRY : E No further amendments repcrted, Mr. President. i i I

PRESIDING OFFICER: (SENATOR WATSON) 15  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 3rd Reading. House Bill 902. Senator Cullertan. Out of the record. House Bill 1124. Senator Woodyard. Out of the record. House Bill 1352. Senator Karpiel. Out of the record. House Bill 1391. Senator Demuzlo . Out of the record. House Bill 1513. Senator Hawkinson. Out of the record. House Bill 1569. Senator Maitland. Senator Maitland, on House Bill 1569? Senator Maitland? Out of the record. House Bill 1594. Senator Karpiel. Out of the record. House Bill 1635. Senator Butler. Out of the record. House Bill 1705. Senator Rauschenberger. Senator Rauschenberger, do you Wish this bill to be returned to 2nd Reading for the purposes of an amendment? Senator Rauschenberger seeks leave of the Body to return House Bill 1705 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objectionr leave is granted. On the Order of 2nd Reading is House Bill 1705. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.

This amendment are the -- this is the definltions and the general provisions of the Blue Ribbon Task Force bill that we're amendlng into the House Bill 1705. Wedve heard it in subcommlttee thls morning at 8:30. Heard it again at 10 o 'clock in the Executive Committee. I'd request a favorable roll call to adopt the amendment.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Al1 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted . Are there any other Floor amendments apprcved for consideration, Mr. Secretary? 16 I ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8r 1994 : SECRETARY HARRY: i I i Amendment No. 3r offered by Senator Rauschenberger. PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger. SENATOR RAUSCHENBERGER : ' Amendment No. 3 puts the provisions from the Blue Ribbon Task Force -- the provisions from the Blue Ribbon Task Force involving the Illinois Procurement Bulletin into Hcuse Bill 1705. It Was , heard agaln in subcommittee and committee today. I request a favorable roll call. PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seelng none, a1l those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted . Any further Floor amendments approved for consideration? SECRETARY HARRY : Amendment No. 4, offered by Senator Rauschenberger. ! PRESIDING OFFICER: (SENATOR WATSON) 1 ! Senator Rauschenberger, on Amendment No. 4. I SENATOR RAUSCHENBERGER: Amendment No. 4 puts the pollcy organization into the House Bill 1705 from the Blue Ribbon Task Force, With some modifications. It was heard in committee and subcommittee. I request a favorable vote. PRESIDING OFFICER: (SENATOR WATSON) : I Any discussion? A11 those in favor, say Aye. Opposed, Nay. j 1 The Ayes have it, and the anendment is adopted. Any further Floor amendments approved for consideration? SECRETARY HARRY: Amendment No. 5, by Senator Rauschenberger. PRESIDING OFFICER: (SENATOR WATSON) On Amendment No. 5, Senatcr Rauschenberger. SENATOR RAUSCHENBERGER: 17 (  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18r 1994 Amendment No. 5 puts the -- the competltive biddin: language into Hcuse B1ll 1705 from the Blue Ribbon Task Force - the leasing information and the professional artistic contract article. I would request a favorable vote.

PRESIDING OFFICER: (SENATOR WATSON) Any discusston? A11 those kn favor, say Aye . Opposed r Nay . j The Ayes have it# and the amendment is adopted . Any further Floor i i I amendments approved for consideration?

Amendnent No . 6, by Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger, on Amendment No. 6. I SENATOR RAUSCHENBERGER : I Amendment No. 6 takes the language from the Blue Ribbon Task Force on procurement ethics and disclosurer together with some new language that's been added. This Was heard this morning in subcommittee and committee. I'd request a favorable vote. i

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Al1 those in favor, say Aye. Opposed, Nay. The Ayes have itr and the anendment ls adopted. Any further amendments approved for consideration, Mr. Secretary?

Amendment No. 7, by Senator Rauschenberger. i PRESIDING OFFICER: (SENATOR WATSON) 1 Senator Rauschenberger, on Amendment No. 7.

Amendment No. 7 takes the existing preference language out of the current Statutesr puts them together to tie in with the new Procurement Act. It 's exactly the same language that's on the , ! books. It was heard this morning in subcommittee and committee. i i I would request a favorable vote. !

PRESIDING OFFICER: (SENATOR WATSON) 18  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8# 1994 Any discussion? All those in favor: say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any further amendments approved for consideration, Mr. Secretary? But before you go to that order of business, let me -- let's have some order so that we can hear the sponsor of the amendments. Mr. Secretary, any further amendnents to be approved?

Amendment No. 8, offered by Senator Rauschenberger.

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

Amendment No. 8 to Hcuse Bill 1705 are miscellaneous provisions, an effective date, and a severability clause. If for some reason we don 't get full concurrence on a11 of our anendnents at the House, this -- this amendment allows the bill to become active with whatever provisions they do pass. I would request a favorable vote.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 1774. Senator Topinka. Would you please read the bill, Madam Secrekary.

House Bill 1774. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Topinka. 19  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18# 1994

Mr. presldent, Ladies and Gentlemen of the Senate, House Bill 1774 basically calls for the Director of the Department of Insurance to issue rules requiring the develcpment and use of standardized claim formsr and also it now adds, through an amendnent that Was put on, a requirement that Blue Cross/Blue Shield vould cooperate with the Department of Publlc Aid in determining whether applicants for Medicaid are covered by private health insurance. Needless to say, from a standpoint of the ! State, if they are covered by private health insurance, we would prefer that they work through that avenuey rather than klnd of coming onto the publlc aid rolls. Nearly a1l -- the -- nearly a11 the insurers in Illinois now cooperate with the Illinois Department of Public Aid, but Blue Cross/Blue Shield has been a bit reluctant on this front. Negotiations have now been going on for the better part of ten years. It has come Eo this because they lre going to have to comply like everyone else. The Department of Public Aid feels that there is a potential cf upwards of sixty million dollars worth of savlngs for the State of Illinois if this bill is passed, and they are in support. I would be -- I would welccme any questions, and certainly would seek a favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) Thank you, Senator. This is 3rd Reading. And is there any discussion? Seeing none: the question is, shall House Bill 1774 pass. Those ln favor Will vote Aye. Opposed, No. The voting is open. Have all voted who wish? Have a1l voted who wish? Have al1 voted Who Wish? Take the record. On that question, there are 56 votlng Yes, no voting Noy no voting Present. House Bill 1774: I having received the required constitutional majority, ls declared passed. House Bill 1853. Senator Topinka. Madam Secretary, please read the bill. 20  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 I

House Bill 1853. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Topinka.

Yes. Mr. President, Ladies and Gentlemen of the Senater this adds the contents of Senate Bill 1480, which came out of our -- it was a committee bill on the Department of Public Hea1th and Welfare. It requires the Department of Public Aid, in conjunction with the Department of Insurance, to study the feasibility of using HMOs for providlng acute care to Medlcald long-term care recipients. Excuse mey sir. If -- if I may, Ifd like to take this bill out of the record.

PRESIDING OFFICER: (SENATOR WATSON) Out of the reccrd. House Bill 2010. Senator DeAngelis. It's a recall. You do not wish it to be called? Senator DeAngelis, do you wish the bill to return to 2nd Reading for the purposes of an amendment? Senator DeAngelis seeks leave cf the Body to return House Bill 2010 to the Order of 2nd Readin: for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2010. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 4, cffered by Senatcr DeAngelis.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: ' Thank you, Mr. President. Floor Amendment No. 4 is the amendment that I had taken off of 2641 yesterday. This is called the Senate Flip. Essentlally what it does, it takes into those 21  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 situations in which a deannexation petition has been filed under the o1d Senate Bill 1191, and requires that in those situations in ! which the sehool has taken an action against one of its okn ' constituents on that section of the law, and only in those - ! situatlons in which there 's a constltutional challenqe that the State'sattorneywill,infact,actastheattorneyfortheschool / district. PRESTDING OFFICER: (SENATOR WATSON) ' Is there any discussion? Senator Berman. !

Thank youy Mr. President, Ladies and Gentlemen of the Senate. I I rise in opposition to this anendment. I think it's imporEant to recognize what is being attempted here. We have nine hundred and khlrty-five school districts in the State of Illinois. They raise money from their tax revenues; they hire their own attorneys to represent them; and they retain khose attorneys and make poliey to nove forward as theyr as legal entities, see fit. This amendment says to those school boardsr you cannot use your attorneys, you have to use the State's attorney of the county in Which you reside. Ladies and Gentlemeny that doesn't make any sense to me. :ou are using, first of all, the resources of the entire county to be utilized for one part of the county 's legal expenditures. ! You're wasting the taxpayers' money that covers the rest of the l county outside of that school board. Number twc, I Will tell you Cron experience that the attorneys that represent the school boards, and are paid by the school boardsr know more about these issues than does anybody cn the staffs of the respective State's attorneys. Let that school board be represented as that school board wishes. Nat as we dictate. It doesn't make any sense. There may be one particular problem in Senator DeAngelis' district that he's upset with, but that doesn't mean that we have to change a11 of the logieal and legal rules regarding school board 22 I STATE OF ILLINOIS I 88TH GENERAL ASSEMscy ' REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8: 1994 representation. I urie a No Voke. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Just an inquiry of the Chair. This appears to be a -- a State mandate upon county government, and will this take a extraordinary majority? PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis, do you Wish to close? SENATOR DeANGELIS: Yes. It's not surprislng that an attorney would have an objection to thls. However: Senator Berman, I Would expect yOur... PRESIDING OFFICER: (SENATOR WATSON) Senator Jacobs. SENATOR JACOBS: The question Was legitimate. This is -- does appear to be a mandate upon local governmenkr and I want to kncw if -- if the mandates law does applyy and whether this needs thirty of thirty-six votes under the current rules of the Senate. PRESIDING OFFICER: (SENATOR WATSON) Senator, this dces not require an extra-majority vote. Senator DeAngelis. SENATOR DeANGELIS: Thank you, again, Mr. President. I Would Wish that Senator Berman 's criticism was as accurate as his eloquence. The fact of the matter isy this would only pertain in those situatlons in which there are dual districts. Let me tell you where this came from, and it -- just doesn't apply to my district, Senator Berman. Several years ago, if you remember, we had a battle over consolidation, and it was determined that the real merit of 23 i  STATE OF ILLINOIS 88TH CENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 consolidation rested in the fact that we needed to have ! articulation from K through twelfth. 1, myself personally, had some eoncern about forcing that on school districts unless they ! wanted to. However, across Cook County, where the majority of the , dual distrlcts arer there are little pockets -- little pockets of I schools that are not allowed the -- areas that are nct allowed -- the children are noe allowed to go to the same hiçh school as their classmates. Now, within ny district, yes, there is one junior high in which ninety percent of the children go to one high I ! school, the other ten percent go to four. In fact, in one ' . j instance,one personhad to go to a high school different, and ) another situatlon three - students. so I put in a bill that permitted the people fron those areas in whieh the EAV - 'cause I ! realize the financial discomfort that could accur - when the EAV was less than ten percent. There has been absolute benign ! noncompliance on that because the lawyers ge* paid by *he sehool districtsy who want to keep the mcney, and the people that have to ! ftght them are property taxpayers in that district. In fact, I can tell you any district in Cook County that has this kind of a ! situation,'causeyouwillseeschoolattorneyscolleeting threer four, five hundred thousand dollars in legal feesr and the poor f : residents have to come up with their own defense. We j successfully, through the Legislature, gct the thlng tightened up enough to where we thought we had it closed off tc where they would have to judge on the merits - not judge, 'cause this bill doesndE require judgmen*, it simply says if you meet these requirements you can do it. Now, a1l of a sudden a 1aW firn ! decides to take it to the U.S. federal court and questicn this on the Pourteenth Constitutional Amendment. The whole hypocrisy of this is in the situation in which they have challenged, khlch is i in my district. The three students are minority students. and they have already indicated that theylre not going to win this, 1 24  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8y 1994 except for one thing . It's going to take five hundred thousand dollars on the part of those three people to fight this in court. And then on top of itr they have to pay the legal fees of the person that's persecuting khem. And I gct to tell you, that is . not justiee. A1l that is ls fatiguing somebody into compliance because you have a bigger pocketbook, and that's not what America I is al1 about. PRESIDING OFFICER: (SENATOR WATSON) I A11 those in favor, say Aye. Opposed, Nay. The Ayes -- you I ask for a roll call? That's in order. Roll call has been . ! requested. A1l those in favor, vote Aye. Opposed, Nay. The ! voting is open. Have all voted Who wish? Have a11 voted who I Wish? Have a1l voted who wish? Take the record. On that motion, there are 28 voting Yesy 30 voting No, no voting Present. The amendment -- Senator DeAngelis. I SENATOR DeANGELIS: I Like to have a verification. I PRESIDING OFFICER: (SENATOR WATSON) A1l right. The amendment fails. Verification has been I requested. Senator Jones, for what purpose do you rise? I ! SENATOR JONES: Thank you, Mr. President. Point of personal privilege. PRESTDING OFFICER: (SENATOR WATSON) I State your point, Senator. . SENATOR JONES: We have, in *he PresidenE's Galleryr the seventh and eighth grade students, along with their teachers and parents; who are here Witnessing denocracy, and I'd like for the Senate to give ' them a warm velcome. And that is the Clissold School located in ' the Morgan Park Communlty: City of Chieago. PRESIDING OFFICER: (SENATOR WATSON) / Will our guests in the gallery please rise. And welcome to 25  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 I Sprinqfield. Senator Hendon, for what purpose do you rise? I I SENATOR HENDON: A point of personal prlvilege, Mr. Chairman. PRESIDING OFFICER) (SENATOR WATSON) . Wellr Nefre on a verification, but state your pointz Senator. SENATOR HENDON: Mr. Chalrman, in the President's Gallery, we also have some students from John Marshall High School, of which my son is currenely enrolled: and hopefully in class today, and we just wanted to welcome them to Springfieldr along With the -- the local school council and their president. Over here on -- on the left. PRESIDING OFFICER: (SENATOR WATSON) Very good. We ask you to risey and certainly Welcome to Springfleld. Senator DeAngelis has requested a verification. Will al1 the Senators please be tn your seats and the Secretary Will read the negative vote. ACTING SECRETARY HAWKER: The following Members voted in the negative: Bermanr Bowles, Carroll, Collinsr Cullerton, DeLeor del Valleg Demuzio, Thomas Dunne Farley, Fitzgerald, Garcia, Hally Hawkinson, Hendonr Jacobsy Jones, Lapaille, Molaroz O'Daniel, Palmerr Petersony Rear Severns, Shadid, Smith, Stern, Topinka, Trotter and Welch. PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis, do you question the presence of any Member? SENATOR DeANGELIS: Collins. Senator Collins. PRESIDING OPFICER: (SENATOR WATSON) Senator Collins. In the bright yellow dress. SENATOR DeANGELES: Senator Farley . PRESIDING OFFICER: (SENATOR WATSON) Senator Farley. Senator Farley in the Chamber? Remcve hin . 26  STATE OF ILLINOIS 88TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 I r SENATOR DeANGELIS: Senator DeLeo. PRESIDING OFFICER: (SENATOR WATSON) senator DeLeo. Senator DeLeo, are you in the Chamber? Remove . him. . SENATORDeANGELIS: f ' senator severns. ; PRESIDING OFFICER: (SENATOR WATSON) Senator Severns ls at the press well. ' SENATOR DeANGELIS: . SenatorFitzgerald. - ( ! PRESIDING OFPICER: (SENATOR WATSON) : Senator Fitzgerald. Senator Fitzgerald, are you in the Chamber? Remove him. SENATOR DeANGELIS: Senator Lapaille. ' PRESIDING OFFICER: (SENATOR WATSON) ! Senator Farley has returned. Please put Senator Farley back on the roll. SENATOR DeANGELIS: Senator Lapaille. j PRESIDING OFPICER: (SENATOR WATSON) Senator Lapaille. There he is. Senator Lapaille is in the Chamber. Do you Wish to check the presence of any other Memberr Senator? On a verified roll call, there are 28 voting lesr 28 voting No, and thê amendment fails. Are there any other Floor amendments, Madam Seeretary, approved for consideratlon? ACTING SECRETARY HAWKER: No further amendnents reportedr Mr. President. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2150. Senator Weaver. Senator Weaver? House Bill 2221. Senator Jaeobs. Out cf the record. 27  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSTON SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 House Bill 2234. Senator Madigan. Senator Madigan, do ycu Wish this bill returned to 2nd Readlng for the purpose of an amendment?

Yes.

PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan seeks leave of the Body to return House Bill 2221 <sic> to the Order of 2nd Readin: for the purposes of an amendment. Hearing no objection, leave ls granted. On the Order of 2nd Reading is House Bill 2221. I beg your pardon. House Bill 2234. Madam Secretary, are there any Floor amendments approved for conslderation?

Amendment No. 4, offered by Senators Madigan and Syverson.

PRESIDTNG OFFTCER: (SENATOR WATSON) Senator Madigan.

Thank your Mr. President and Members of the Senate. Floor Amendment No . 4 to House Bill 2234 represents an agreementr after three years of discussions, between the Dental Society, the insurance eompanies and the business groups, on temporomandibular joint disorders and the coverage of same, and I Would ask for adoptlon of Committee Amendnent -- on Committee Amendnent -- or, Floor Amendment -- excuse me# Floor Amendment No. 4 to House Bill 2734.

PRESIDING OFFICER: (SENATOR WATSON) Is there any diseussion? A11 those în favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted . Are there any further Ploor amendments approved for consideration, Madam Secretary?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 121st Legislatlve Day May 18, 1994 3rd Reading. Senator Jones. Senator Jones, do you wish your bill returned to 2nd Readings for the purpose of an amendment? Senator Jones seeks leave of the Body to return House Bill 2423 Eo the Order of 2nd Readings for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2423. Madam Secretaryr are there any Floor amendments approved for consideration?

Amendment No. 1, offered by Senator Jones.

PRESIDING OPFICER: (SENATOR WATSON) Senator Jones.

Yeah. Thank youy Mr. President. Floor Amendment No. l to Senate Bill -- House Bill 2423 is a agreed amendment that deals a foster parent, whose rights have been terminated, glves -- that foster parent ''shall have standing and intervenor status'' in the placement of the ehild that had been placed in their custody. And I nove for its adoptlcn.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, a1l those in favorr say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Eloor amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senakor Welch: for what purpose do you rise?

Point of personal privilege.

PRESIDING OFFICER: (SENATOR WATSON) State your point, Senator.

In the gallery we haver from Seneca Grade School, the eighth 29  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislatlve Day May l8, 1994 grade class dokn here to observe government in action. If they'd stand, we'd recognize them. PRESIDING OFFICER: (SENATOR WATSON) Would our guests in the gallery please stand and be recognized. We welcome you here tc Springfield. House Bill 2424. Senator Cronin. Out of the record. With leave of the Body, I'd like to go back to House Bill 2638. Thank you. House Bill 2641. Senatcr DeAngelis. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: House Bill 2641. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. There's an o1d expression that saysr f'The Good Samarltan always gets screwedt'. The amendment that was lost was placed on this bill previously, and had already passed and I took lt off. So for those of you who are concerned about whether that amendment is on here, it's not on here. A11 that 2641 does, simply passes, once again, a bill that passed out of this Body, which removes the requirement for lmmunization from those universlties that do not have residential facillties, putting them in llne with the communlty colleges. Happy to answer any questions. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall House Bill 2641 pass. All those in favor will vote Aye. Opposedy vote No. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have a11 voted who Wish? Take the record. On that voter there are 54 voting Yes, 2 voting No, no voting Present. House Bill 2641: having received the required 30 i  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 constitutional majority, is declared passed. With leave, I'd like to go back to House Bill 2642. Thank you. House Bill 2809. Senator Jones. Senator Jones, do you wish this bill to return to 2nd Readings for the purpose of the amendment? Senator Jones seeks leave of the Body to return House Bill 2809 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 2809. Madam Secretaryr are there any Floor anendments approved for eonslderation?

Amendment No. 3, offered by Senator Jones. PRESIDING OFFICERZ (SENATOR WATSON) Senator Jones.

Thank you, Mr. President. Amendment Nc. 3 Would exempt joint tenancy if a -- if a parent who had deserted a child for more than one year preceding the chlld's death from receiving any properky or interest, and if real property involved, the judgment determination must be recorded within six months with the recorder of deedls office in which the property is located, and I move its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? All those in favor, say Aye. Opposed, Nay. The Ayes have itr and the amendment is adcpted. Are there any further Floor amendments for consideration, Madam Secretary?

No -- no further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. House Bill 2931. Out of the record. House Bill 3079. Senator Barkhausen. Madam Secretary, please read the bill.

31  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8y 1994 House Bill 3079. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) E Senator Barkhausen. . I SENATOR BARKHAUSEN: ! Thank you, Mr. President and Menbers. House Bill 3079 is identical to Senate Bill 1751, previously passed by this Body this ! Session, dealing With the right of an owner of securities to -- to transfer the ownershlp of them on death by means of a ; registration, which would avoid the probate process. If the Body would be kind enough to bear With me for just a minuter I do have a statement which is intended to clarify the effect of this ' legislation on real estate holdings and transactions, in light of l a couple of questions that uere asked during our Judiciary Committee meeting. This bill permits registration of a death ' beneficiary for investnent securities. At the death of the owner, the investment securities so registered transfer to the named i beneficiary or beneficiartes without probate. This bill defines I property to include real property, and definesasecurieyeo include a share or participation in property. It might be asked, 1 : i therefore, whether it is possible for this bill to be used to make a nonprobate transfer of ordinary real estate interests. The I answer to that question is No, based upon the entire interpretation of the relevant definitions and upon the structure I of this bill. The bill includes real property interests in its definition of property, because there are securitized real property interests that are also investment securities. Shares in i real estate, investment trusts, mortgage-backed securities, 2 including Fannie Maes, Ginnie Maes and Freddie Macs, real estate limited partnerships and other exotic derivatives are examples of ! such interests. These are a1l investment securities that will 32  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18z 1994 show up along with shares of stocks and bonds in security aceounts, and this bill should and will apply to them . But no I ineerpretation of this blll would easily include ordlnary means of holding real property. Real property is represented in ordinary transactions and holdings by a deed - whether warranty deed, deed of trust, or similar title document. The interests represented are neither shares or participations in the investment sense, but interest in fee or cther larger estates. It would be a great distortion of the basic definition of security to make it include an estate in real property represented by an ordinary document of title. I would otherwise be glad tc answer your questions. Thank you for bearin: with mer and I urge the support of this legislation.

PRESIDING OFFICER: (SENATOR WATSON) Under discussion, Senator Karpiel?

No. I'm sorry. I just -- a point of personal privilege.

PRESIDING OFFICER: (SENATOR WATSON) State ycur point, Senator.

Oh. Well, thank your Mr. President. I would like to introduce -- in the gallery today up here on the Senate Republican sider ls Mr. and Mrs. Schneider of St. Charles, their -- their son and daughter, Elizabeth and Michael. And their son, Joe, is one of our pages for today, and I'd like the Senate to welcome Ehem y please.

PRESIDING OFFICER: (SENATOR WATSON) Very good. Will our guests please rise, and welcome eo Springfield. Under discussions, Senator Fitzgerald.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WATSON) 33  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 121st Legislatlve Day May 18: 1994 ! i Yes: Senator Barkhausen Will yield, Senator Fitzgerald.

Senator, I have a question concerning what Would happen to creditors of someone who passes away. Say upon his or her death, someone owes a hundred thousand dollars and he had a couple hundred thousand dollars Worth of securities. If those securities don't have tc go through probate and they automatically transfer to the beneficiary upon deathy how Would creditors be able to go after decedents' assets?

PRESIDING OFFICER: (SENATOR WATSON) Senator Barkhausen.

The legislation specifically says that credltors' rights are not affected bg the bill, and malntain *he same priority they otherwise would have.

PRESTDTNG OFFICER: (SENATOR WATSON) Further discusslon? Senator Cullerton.

Yes. Senator Barkhausenr after the committeer some members of the State Bar Association raised some questions With me. I just thought I'd discuss this before we voted on it. The concern was, perhaps a widow , who otherwlse mtght have the ability to renounce a will and therefore get a statutory share, if the husband wished ' to give these securities to someone other than her, if we pass this law, these partlcular forms of assets, these securltlesr lt seems that they Would -- by not going to probater there'd be no ability to renounce the will, and as a result, the widow would not be able to receive any of these securities. So that Was the concern that was raised. I just wondered if that kas something that the Uniform Law Commissioners had discussed, and if you could comment on that concern.

PRESIDING OFFICER: (SENATOR WATSON) 34  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8r 1994 Senator Barkhausen.

Yeah. You and I have discussed this, Senator Cullerton. The bill is not intended, certainly, to disinherit a survivin: spouse or any other member of the -- of the family. There is today, under existing law alreadyr the ability by a variety of neans to avoid *he probate process, and -- and therefore, potentlally as well, the elective share rights that a spouse has for assets that do go through probate, and those existing means are the creation I I of living trusts, which have become more and more popular in recent years; the creation of a joint tenancy with a jolnt tenant ' being someone other than a surviving spouse; and -- and the existence already of What are known as ''pay on death'' accounts for existlng cash accounts, which potentially allow a -- a testator to designate a beneficiary on death of a cash account, and we are extending that principle by means of this legislation to -- to security accounts as welly in light of the ease of transfer that this makes possible, and -- and the desire of many people: not -- not because they want to disinherit a spouse, but for other legitimate reasons they want tc avoid probate. With regard to the Uniform Law Commissioners' interest in stance more broadly on the questlon of survivors' -- surviving spouses' rights, the Uniform Probate Code that has been promulgated in bits and pieces over a period of years by the Uniform Law Conferencey includes a -- a controversial, but I think well-takeny position with what is I regarded as -- known as an augmented estate. Meaning the ability of a surviving spouse to make an election, not only against probate assets, but assets that have been transferred to survivors by these nonprobate means. And thak -- that is sonethlng that the various members of the bar that have an interest in this area have been lookins at: and I am told that an attempt on our part, Which frankly I would support, to adcpt something like the augmented 35  STATE OF ELLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 estate approach, would be quite controversial amongst the members of the bar who help their clients today figure out, in scme cases, how to disinherit a spouse. But I 1: for exampley Would be wllling to discuss with you on the bill that's over -- the identical bill, Senate Bill 1751, which we already passed, the possibility of amendatory language that would naybe get at the augmented estate concept, which the Uniform Law Conference has recommended.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Gec-Karis.

Will the sponsor yield for a questlon?

PRESIDING OFFICER: (SENATOR WATSON) Yes. The sponsor will yield for a questlon, Senator Geo-Karis.

Supposing you have a hundred-thousand-dollar security, and the owner says pay on death to James Doe, for example ignores his wife completely. That -- that owner -- the one that's listed as the beneficiary would be entitled to that security . Is that not - - isn't that right?

PRESIDING OFFICER: (SENATOR WATSON) Senator Barkhausen.

Correct. And the person cculd do that otherwise under existing 1aW today by means of a living trust or the creation of a joint tenancy ownership in that same security.

PRESIDING OFPICER: (SENATOR WATSON) Further discussion? Senator Geo-Karis.

But if you don't allow it, there's -- there's some likelihood at least theydll be discovered. What I'm concerned about is hoW 36  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 i easy it is to defraud a wife or a husband of sone necessary means. And I know that U.S. Bonds you can say payable on deathy but i ' theyfre still listed in the inventory of an estate; whether j theydre payable on death or not - still an asset of the estatey if I recall correctly. I'm concerned that the -- the .purpose to make it easier might also make it easier to commlt fraudy and I think a person who will -- wants to get even with a spouse or -- or with any sister and brother, or -- could do that too if theydre nad at each other. They can -- there's so many -- there's so many ! possibllities of fraud with your bill. I -- I hate to tell you, it sounded good ak the beginning, but I'm not so sure that this is the best approach. PRESIDING OFFICER: (SENATOR WATSON) i Further discussion? Seeing none, Senator Barkhausen may close.

Thank you, Mr. President. Let me, in closing, respond to the -- just to the last point. I -- I've tried to make clear that this legislation is -- ls intended to help people Who, as we are or ought to be aware, are interested in avoiding the probate 2 i proeess for legitimate neans to save legal feesy and to -- to achieve a degree of privacy that a court-supervisedy publiclzed probate process does not make possible; that this legislation will make that more possible. Thls legislation, on the other hand, does -- does nothing to -- nothing more than already exists under the 1aw to make it possible to dislnherit a spouse. As I have said, one can attempt to do that already today by creating a living trust or a joint tenancy account. This -- this is a good bill that will help make the basic legal affairs of our constituents easier to attend to, and I urge the support of this 1 legislation that's -- the same support we gave earlier to Senate Bill 1751. 37  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994

PRESTDING OFFICER: (SENATOR WATSON) The question shall House Bill 3079 pass. A1l those ln favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted who Wish? Have a11 voted who Wish? Have a11 voted Who wish? Take the record. On that question, there are 56 voting Yesr no voting No, 3 voting Present. On that question -- or, House Bill 3079, having received the required constitutional majority, is declared passed. House Bill 3278. Senator Donahue. 0ut of the record . House Bill 3322. Senator Madigan. Read the billr Madam Secretary. Senatcr Madlgan seeks leave of the Bcdy to return House Bili 3322 to the Order of 2nd Reading for the purpose cf an amendment. Hearing no cbjectlon, leave ls granted. On the Order of 2nd Reading ls House Bill 3322. Madam Secretary, are there any Floor anendments approved for consideration?

Amendment No. offered by Senators Donahue and Demuzio.

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

Thank ycu, Mr. President. Amendment No. 1 to House Bl11 3222 <sic> takes care of a situation in my existing distrlct and formerly of Senator Demuzio's district. There a restaurant in this area that was under lease to the Department of Conservation. They happen to be in a dry township, and this amendment or, formerly Senator Demuzio had made an exeeptlon in thts township to allow this -- this restaurank to be able to sell llquor. Because of the flood of last year, this restaurant is now on land that's under the control of the Corps of Enqineers, and so they are no longer with the Department of Conservation. Therefore, their liquor license is in limbo. So this ls to take care of the Lighthouse Restaurant, and I Would hope that you Would agree, and move for its adoption. 38  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 171st Legislatïve Day May 18w 1994

PRESIDING OFFICER: (SENATOR WATSON) A11 those in favor of the amendment, say Aye. Opposed, No. The Ayes have it: and the amendment is approved. Are there further Ploor amendnents approved for consideration, Madam Secretary?

Amendment No . 2: offered by Senators Berman and Madigan.

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

Thank your Mr. President. Amendment No. 2 clartfies language that was previously presented to the committee, dealing with the culpability of a corporation when an a -- a director or shareholder violates a crime. The language that We are prcposing here tlghtens up that -- that situation so that it pould not be as broad as the previous language. Move the adoption of Amendment No. 2.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? A1l those in favor, say Aye. Excuse me. Senator Hawkinson.

Wi11 the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WATSON) The sponsor uill yield, Senator Hawkinson.

Mour explanation piqued my interest, Senator. What kind of situations are we talking about? Are We somehoW relieving corporations of current culpability when a director commits a criminal offense? Or how are We changing the 1aW?

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

39  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 I Thank you. Let ne take you thrcugh this. The bill that came j out of the House - unanlmously, by the way - read as follows: ''A criminal conviction of a corporation is not grounds for the denial, suspension, or revocatian of a license applied for or held by the corporation if the corporation has terminated its . : relationship with each director, officer, employeer cr controlling shareholder whose actions directly eontributed to the conviction I of the corporationm'' That's -- that's the language that is deleted by this amendment. The new language is as follows: ''A criminal conviction of a corpcration is not grounds for the denial, suspension, or revocatlon of a license applied for or held by the ccrporaticn if the criminal conviction was not the result of a violatlon of'' -- 'fof any federal or State 1aw concerning the nanufacture, possesston or sale of alcohclic liquor, the offense that led to the convietlon did not result ln any financial gain to the corporation...'' And then it goes back to the bill. The purpose of the amendment was -- What gave rise to it was that under the federal inslder trading bill -- insider trading -- apparently in some corporation one of the shareholders or directors was guilty, or was charged with insider trading. Under the federal law, if that shareholder Was convicted of insider trading, the ccnviction applled to the corporatlon, even though the eorporatlon may not have benefitted by h1s insider trading. That eonviction would have caused thak corporation to lose al1 of its liquor licenses throughout the country and eaeh individual state. So what we've tried to do here is to use the language so that it doesn't relate to liquor licenses; it doesn't relate to alcohol; it -- there's no benefit to khe corpcration, and if there is some unusual situation, such as the insider trading law, where there is no real benefit, theydre not going to be in jeopardy of losing their license. I'm sorry for the long answer.

PRESIDING OFFICER: (SENATOR WATSON) 40  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18z 1994 Senator Hawkinson. END OF TAPE ' k TAPE 2 SENATOR HAWKINSON: Do I understand then, Senator, that under the language that ' passed the House, the corporaticn Would have to terminate its relationship with the officer or the director, but under this new language, the guilty party Who was guilty of insider tradin: or some other criminal offense that did not benefit the corporation, could still maintain its relationship with the corporation? PRESIDING OFFICER: (SENATOR WATSON) Senator Berman. SENATOR BERMAN: I'm scrry. They still have to terminate. That -- that wasn't touched . PRESIDING OFFICER: (SENATOR WATSON) I Is there any further discussion? A11 those in favor of the amendment, signify by saying Aye. Opposed, No. The Ayes have it# and the amendment is adopted. Are there further Floor amendnents approved for consideratlony Madam Secretary? ACTING SECRETARY HAWKER : ! No further amendments reported, I Mr. President. I PRESIDING OFFICER: (SENATOR WATSON) I 3rd Reading. House Bill 3478. Senator Fawell. House Bill 3485. Senator Burzynski. Do you wish to have this bill returned tc 2nd Reading for the purpose of an amendment? Senator Burzynski ! I seeks leave of the Body to return House Bill 3485 to the Order of 41  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 121st Legislattve Day May l8, 1994 2nd Reading for the purpose cf an amendment. Hearing no objection, the leave is granted. On khe Order of 2nd Reading is Hcuse Bill 3485. Madam Secretary, are there any Ploor amendnents approved fcr consideration?

Amendment No. 1, offered by Senator Burzynski.

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynsklr to explain your amendment. SENATOR DURZYNSST; Thank you, Mr. President. This is a technical amendment to clarify that dental students uho were enrolled for one year in approved clinical programs prior to January 1, .93, are only required to have completed that proqram to be eligible to sit for the State 's dental examination. This amendnent was on the agreed amendment list from committee.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeinç none, all those in favor, please say Aye. Opposed, Nay. The Ayes have it: and the amendment is adopted. Any further Floor amendnents approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Readlng. House Bill 3522. Senator Cronin. Madam Secretary, would you please read the bill.

House Bill 3522. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.

42  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Leglslative Day May l8: 1994 Thank you very much, Mr. Presidentr Ladies and Gentlemen of the Senate. House Bill 3522, which passed the Hcuse 103 to ll, ! seeks to amend the Motor Vehicle Franchise Act. It basically requires the motor vehicle manufacturer to disclose, in writing, a11 in-transit, post-manufacture, or other damage to a new vehicle before delivery of the vehicle to the dealer. Also, under certain circumstances, it requires the dealer to disclose to the vehicle buyer that the new vehicle was damaged. There is no such disclosure requirement currently under 1aW. This blll and some of the detail will be discussed in debate here with my colleague, Senator Hawkinson. Thls bill seeks to protect dealers from a certain degree of frivolous lawsuits for damages to vehicles that amount to six percent or less of the value of the vehicle. It is my positionr and the legislatlve intent, that there be other avenues of relief under a manufacturer's warrantyy but this b111 seeks to protect dealers and manufacturers. And I ask for your favorable vcte.

PRESIDING OFFICER: (SENATOR WATSON) Discussion? Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlenen of the Senate. This is one of those bills that's a -- a good bill but stlll has sone problems, and -- because as -- as Senator Cronin has indicatedr this bill currently fills a void, 'cause there is nothing now. In conmittee we asked that this bill recelve a little more Work. One of the things that ue think needs to be done in the bill to make it a good bill is to allow some recourse stlll for the consumer, that lf disclosure ls not made, as required by the bill, that a purchaser could revoke or rescind a sales contract due to the fact that the new vehicle was damaged and repaired before completion of the sale. I don'k think my arguments are sufficient to stop this bill from moving forward. 43  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 It's perhaps a step in the right direction. I think, contrary to 1 what some on -- even on this side of the aisle may say - that it's i not a pro-consumer bill - I think it dces have some pro-consumer activity, but does not have a1l of the safeguards for the consumer that we feel that that bill should have. However, We think it's a step in the right direction, would like to see some activity that @ would probably clean this thing up: but at least it is a step in the right direction, and I plan on voting Aye. PRESIDING OFFICER: (SENATOR WATSON) ! @ Further discussion? Senator Hawkinson.

i Thank you, Mr. Presldent. I think this bill addresses a real problem, but it takes abcut six steps when it only ought to take 1 one. The real problem that's been identlfied in -- in committee and elsewhere is the fact that you may have a situatlon Where there's very minor damaqe to a new vehicle that's incurred on the t dealer's 1ot or in transit, or perhaps even during the manufacturing process. And thenr because there has not been disclosurer somebody sues over a couple-of-hundred-dollar scratch that has been repaired and it gets under the Consumer Fraud Act, and it gets drug on and drug on, and a1l of a sudden, you've got I ten thcusand dcllars in legal fees. That's a problem that we ought to correct. I've suggested to the people promoting this legislation that the way to do that would be to say that where you have this kind of sltuationr with -- with minor damage, and it has i been repaired and is still under warranty, that that ought to be exempted from *he Consumer Fraud Act. Then you don't run into the problem of -- of attorneys' fees, and you've got sti11 a warranted ' i situation. But 1et me tell you a little bit about What this bill does, and I Would hope that -- as the House apparently didn't do, that we ought to read the bill itself. This prcvldes that if you go buy a twenty-thousand-dollar car - a significant investment - 44  STATE OF ILLTNOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 and you ask the dealer, ''Has there been any damage to tbis ! vehicle?'', they don't have to tell you, and this bill provides specifically that a failure to disclose does not constitute a I nisrepresentaticn or omission of fact. I Would suggest if you're gcing to buy a -- a car, whether it's a ten-thousand-dollar car, ' fifteen-thousand-dollar car, and you 've got six percent of that car that's been damaged - granted it's been repaired - but your as a consumer, ought to have a right to have your questlons answered before you make that kind of investment. I think this bill goes too far. Another reason I think it goes too far is if you look at the -- the different way that dealers are treated from ccnsumers. Tf this damage ceeurs while it is still in the possession of the nanufacturer and the manufacturer repairs that vehicle, the dealer is stlll given the option under this bill tc either accept it or to reject ik. The consumer ought to be given the same option, and he or she is not, in this bill. This bill provides that lf ycu have tvelve-hundred-dollar damager excludlng tires, glass, bumpers and audio equipmenk - so that could be greater danage - and it's been repaired, you don't even have to tell the consumer about it. And the consuner does not have that same right to rescind that the dealer has. Now again, I think there's a real problem being addressed here, and I think we ought to cure it for the dealers. But I think the way to do it is to have an amendment to the Consumer Fraud Act, which says that if you have minor damage and it's been repaired: then the Consumer Fraud Act doesn't apply. That would still leave in place a1l your Pniforn Commercial Code remedies; it would still leave in place *he responsibility of the dealer to tell the consumer that there has been this kind of damage. And I think this bill goes Way tao far to correct a -- a real problem, but nevertheless; that it ought to be held and it ought to be amended and do the job right, instead of going this far and saying that even if you've got nine hundred dollars' 45  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18y 1994 damage to a flfteen-thousand-dollar car, you donft have to tell the consumer, even when they ask for it. And therefore, I Would urge a No vote. i I PRESIDING OFFICER: (SENATOR WATSON) I . Further discussion? Senator Klemm. SENATOR KLEMM: 1 : Well, thank you, Mr. President. This bill came before cur I 1 committee and it had a great deal of -- cf dlscussion, and -- and some of the concerns that were raised were about the consumer protection part of it. And it was clear in the evidence that, in fact, both the manufacturer and the dealer will warrant - guarantee - whatever minor repair work was done. My concern that was raised - and they assured me that it is covered under existing law, under b0th federal and; I understand, even State - that if the repairs were done by a dealer in their parking 1ct - had nothing to do with the manufacturer transporting the carr Which was my concern - that the dealer and the nanufacturer would stand behind those repairs, Lf, in fact, those repairs proved to be defective in some respect. And I was assured - and T could certainly like the sponsor to put that in the record - that the manufacturer and the dealer would stand behlnd it, because I think that's important, to give the consumer the assurance that he 's not going to be caught between the dealer and the manufacturer - the manufacturer saying, ''Hey, the automcbile was in perfect shape and it got bumped in the dealer's showroom someplace, or the garaged'; and Ehe dealer says, nWe1l, it's not aur fault''#' and the consumer's caught in the middle. So, I supported the resolution of this issue in committee with the understandlng that the dealer and manufacturer does stand behind, does warrant, this work that they Would be doing. And I think, Senator Cronin, if you could verify that, certainly it has my support. And I think we should support this bill, because it does address a real serious problem and 46  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 still, I think, gives the protection to the consumer if what I had stated is correct, by Senator Cronin's verification.

PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.

As was pointed out the conmitteer the manufaeturer's warranty would still be in effect, and the dealer, who acts as an agent under aqency principles, would be responsible to that extent. So the manufacturer's warranty - Magnus on - Moss Act of federal law - kould still be applicable. Yes.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Raiea.

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

PRESIDING OFFICER: (SENATOR WATSON) Spcnsor will yield, Senator Raica.

Senator Croniny would there be situations or could there be situations where someone went in and purchased this automobile and because of damage that was caused an the 1ot or in transit to the car dealershipr that the consuner would be responsible. for repairing and not the -- and not the -- the person whc caused the scratches to the automobile? In other words, the car Was bumped, would the -- could a dealer ccme ln and say. ''We1l, you kncw, wedll take fifty dollars off the automobile for that, to repair thatlv or Whatever. I mean, could situations arise like that?

PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin.

No.

PRESIDING OFEICER: (SENATOR WATSON) 47  STATE OF IZLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 Further discussion? Senator Molaro.

Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Beg your pardon. Senator Raica Was... ' ! '

I don't want to interrupt Senatcr Raica.

PRESIDING OFFICER: (SENATOR WATSON) Excuse me. Pardon me. Senator Raica, excuse me.

Thank you, Bcb. Senator Cronin, I'm -- this actually seems like a pretty good idea, and Senatcr Klemm does bring up a 1ot of good points, and actually Senatcr Hawkinson brings up a 1ot of good issues also. You know, my question ls -- is: Are you Willing to accept an amendment or to -- to put the type of changes in that Senator Hawkinson has stated previously, or the safeguards, at least, for the consumer cn this? Or would we just roll Wikh what we have here?

PRESTDING OFPICER: (SENATOR WATSON) Senator Cronln. SENATOR CRONIN: i Thank you, Mr. President. I would urge my colleague to review the bill and to listen to the debate in its entlrety and -- and ! vote accordingly. If there are issues that arise as a result of this, of course we're willing to consider amendments, or we're willing to consider other proposals to address those.

PRESIDING OFPICER: (SENATOR WATSON) Further discusslon? Senator Mclaro.

Thank you, Mr. President. As I read this - and this is in the form of a question so Senator Cronin cculd -- I dcn't kncw if it's as bad as Senator Hawkinson. Maybe I just read it wrong, Carl -- 48  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18z 1994 Senator. There -- you have to disclose if it's more than six percent. But the example used Was that if I -- if lt's less than i six percent, then you don't get the written disclosure. That's correct, as I read it. But I don't know What would happen - and : 1 this is -- if I go up to them and I sayr HWas there any type . of i damagea'' Ncw, they don't have to give the writKen disclcsure, but I think if the car dealer comes up and says, ''No, there wasnft''# l ! and tells me that or gives me something to that effect in writing, or I say I'm not buying this car unless I get that from you, I can 7 j i still ask for that. I can still ask for that or say there's no I . ! deal. The second part of it isr that if I buy thls car and find i ! f out -- T sell it for twenty thousand dollars or I go -- cr I buy 1 i i it for twenty, and I go to sell it, and one of -- the dealer I I ! turn it intor which is a different dealer, says, ''Hey, wait a ! @ second. This car was in an accident'' and I said, HI did not knok about that'', and he said, ''We1l, I can't give you the five thousand; T can only give you forty-five hundred'', T don 't think that I'n precluded from suing the dealer I bought it from . I can't sue them for nondisclosure. That's correct. But I could still sue them for damages of the five hundred dollars T lost. So I don't think that I'm going to be precluded from bringing a lawsuit. The reason I like the bill is that right now I don't know what a new car dealer has to do or not do . This at least brings something. It forces them to do scmething. And I still -- it does not preclude me from coming up and saying, ''Hey, I want to ask you a question: Was it involved in any type of accident?'' And I don't think they have the right from this bill -- I guess they could say to me# ''We're not telling youn, but then what the heck? Why would I buy the car then? I still think they're precluded from lying to ne and saying, ''No, it was not involved.'' Then it's still actionable, regardless of this. So I think it's a good bill. 49  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Fawell.

Thank you thank you very much, Mr. President. We did have a similar discussion while we were debating this bill in the Transportation Committee, and a lot of these issues were indeed brought out. As ycu can see by the roll call, most of us - in fact, I think all of us - were convinced at that time that indeed there was a problem. People who are receiving cars and found oue there Was a two-inch scrateh have been suing these automobile dealers, and frankly, getting far above and beycnd Whak it costs to repair that scrateh. And that -- that doesn't seem fair, when indeed the scratch is is taken care of and it happened during transport or -- or while on the lot. I think this is a good bill. think it takes care of a sltuation that has been unfair. think the consumer indeed is protected with the warranties. We went into that ln great detail in the committee. And I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Hawkinsonr second time .

I don't know that I've done this beforer and I apologize for rising a second time, but there's scme misinformation gcing on here. First of all, there is no dealer Warranty in thls bill. The only varranty is a manufacturer's warranty. There is no dealer warranty, Senator Cronin, and if you read the b1l1, youlll see that. a manufacturer's warranty and the dealer, as the agent of the manufacturer, will do the repair. The consumer's not going to get stuck by it. But to say there's a dealer's warranty is -- is simply not -- the implication from several prior speakers that they wouldn't caught up in between is not necessarily so. Secondlys ko Senakor Molaro: Jf you/ll read the bill on page 3, it 50  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 says that that circumstance, where there's no disclosure - doesn't talk abcut written disclosure - says, in that circumstance, nondisclosure, and read that -- and certainly there's been no assurance to the contrary - nondlsclosure can mean you -- you just don't give them the information, whether they're asked or whether theydre not asked. Nondisclasure does not constitute misrepresentation or omission of fact. I don't think that could be any clearer. That denies the eonsumer information and says it's okay to deny the consumer information. recognize, as sald in my opening statements, that there 's a real problem and that we can correct it simply, but to do it in this manner is overkillr and to do it simply because of fear of sending the bill back to the House seems to me cut of proportion to the damage that we may be dcing. And just ask yourselfr you're making that kind of an investmenty or your constituents are making a ten-, fifteen-, twenty-thousand-dollar investment in a vehicle - almcst akin to what we used to pay for our homes - whether or not you have a right: particularly when you ask, to get the information about whether there 's been a thousand dollars worth of damage to that car.

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

Thank you, Mr. President. Ladies and Gentlemen, it it's obvious perhaps that this bill not one-hundred-and-ten-percent perfect, but it certainly goes a long way to correct the problem. And I think, as we -- as we move through the process, at some point in the future, if -- if all these fears show upy this can be changed. But let's at least get started today and not 1et this thing dra: on for years, as it's wcnt to do: simply because it is not absolute perfection. I'd suggest we vote for

PRESIDING OFFICER: (SENATOR WATSON) 51  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 Further discussion? If noty Senator Cronin, to close. SENATOR CRONIN: Thank you very mueh , Mr. President. Ladies and Gentlemen of the Senate, I -- I appreciate the debate and discussion on this ' issue. Let mejustemphasizeacoupleofqulckpoints'finally. ! / The bill provides that the manufacturer must dtsclose, in uriting, ! before delivery of a new vehicle to the dealer. Currently there is no such disclosure requirement. This disclcsure is not required, however, ln this bill when the cost to repair the damage does not exceed s1x pereent of the manufacturer's suggested retail price. That's based on thedealer'saetualrepaircost. That f E does not currently exist. So this is an effort to help the I exchange of commerce. The bill also requires that the dealer disclose to the purchaserr in writing, any damage to the neW vehicle Ehat the dealer knows was sustained after the i manufacturing process. The threshold is six percent. No such I disclosure requirement is currently in -- in law. So this is a step in the right direction. The manufacturer's warranty - and I I apolcgize if there was any misunderstanding or if I Was in the ! least bit misleadin: - the manufacturer's Warranty applies. I don't know where there is a dealer warranty to begin with. I'm talklng about the manufacturer's uarranty and it applies and the - - the dealer is responstble, inasmuch as the dealer is an agent ! of the manufacturer. I ask for your favorable vote. I l PRESIDING OFFICER: (SENATOR WATSON) 1 The questlon is, shall House Bill 3322 Ksicb pass. A1l those in favorr vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have a1l vcted who wish? Have al1 voted who wish? Take the record. On that question, there are 45 voting Yes, 11 voting No, no voting Present. House Bill 3322 <sic>: ! having...tmachine cutoffl... House Bill 3522, having received the required constitutlonal majority, is declared passed. House Bill 52 i k .  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY j REGULAR SESSION SENATE TRANSCRIPT i 121st Legislative Day May l8, 1994 3611. Senator Sieben. Out of the record. With leave -- With 5 leave of the Body, we Will return to House Bill 3478. Senator i : Fawell. Hcuse Bill 3478. Senator Fawell. Madam Secretary, ; ! please read the bill. - ! ( ACTING SECRETARY HAWKER: ' I House Bill 3478. ! (Secretary reads title of bkll) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

Thank you very much, Mr. Chairman. This bill allows municipalities to use their share of the State notor fuel dollars - - tax dollars to pay up to fifty percent for any federal aid transportation project. The bill specifically would allow the use of MTI <s1c> dollars for the construction of pedestrian pathsr bike paths, bike lanes and bike parking facilitles. The Municipal League, the Dupage Mayors and Managers, and the Illinois Association of County Engineers support the bill. IDOT and the Associated General Contractors are neutral. 1:11 be glad to answer any questions.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall Hcuse Bill 3478 pass. Those in favor will vote Aye. Opposed, vote Nay. The vcting is open. Have al1 voted who wish? Have a11 voted who Wish? Have all voted Who Wish? Take the recard. 0n that question, there are 56 voting Yes, no voting No, no voting Present. Hcuse Bil1 3478, having received the required constitutional majority, is declared passed. Senator Klemm, fcr what purpose do you rise?

For a point of personal prlvilege. 53  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 PRESIDING OFFICER: (SENATOR WATSON) State your point, Senator. SENATOR KLEMM: just Want to announce to the Chamber that the St. Thomas Elementary School from Crystal Lake has joined us in the gallery. special point that my son's a member of the class, and my wlfe, Nancy, Who many of you knowr is one of the chaperones up there. And so I wanted you to give them a nicey warm welcome for Crystal Lake. PRESIDING OFFICER: (SENATOR WATSON) Will our guests please rise. Our guests in the gallery please rise, and welcome to Sprlngfield. House Bill 4033. Senator Dillard. Madam Secretary, please read the bill. ACTING SECRETARY HAWKER: House Bill 4033. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard . SENATOR DILLARD: Thank you, Mr. President and Ladies and Gentlenen of the Senate. This bill is quite simple, and comes at the request of corporate fiduciaries throughout the State of Illinois, and what they want to do is just make absolutely clear in the Statutes of a practice that goes on now that allows common trust funds to -- tc invest in mutual funds. happens now, but what they need to do if they want to take a common trust fund, Which is a poollng arrangement of a number of individual trusts, they have to send an lndividual letter to a11 of the folks out there and get a response positively back. And lt's a practlce that does go on now. They just want to not have to have as much cumbersome paperwork. And would move its adoption or approval, and answer any questions 54 k  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18r 1994 anyone may have. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall House Bill 4033 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have voted Who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 59 voting Yes, no voting Nayr no voting Present. House Bill 4033, having received the required constitutional majorityy ls declared passed. House Bill 4176. Madam Secretaryr please read the blll.

House Bill 4176. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Thank you, Mr. President. House Bill 4176 changes the name of the Illinois Lccal Governmental Law Enforcement Officers Training Board to the Illinois Law -- to the Illinois Law Enforcement Standards and Training Board Ksicl. And it also adds to the Board the Board of Hlgher Education fs Executive Director, increasing the membership from seventeen to eighteen members of the Board. I know of no objection, and seek your support.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing noney the question is, shall House Bill 4176 pass. A1l those in favor, vote Aye. Opposed; vote No. The votlng ls open. Have a1l voted Who wlsh? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that question, there are 59 voting Yesr no votlng No, no voting Present. House Bill 4176, having received the required constitutional majorityz is declared passed. Senator Dudycz, do 55  STATE OF TLLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 : I you wish to -- this bill returned 2nd Reading for the purposes of an amendment? House Bill 356. Senator Dudycz seeks leave of the Bcdy to return House Bill 356 to the Order of 2nd Reading for the purpose of an amendnent. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 356. Madam Secretary, are there any Floor amendments approved for consideration? ACTING SECRETARY HAWKER: Amendment No. 4, offered by Senators Dudyczr Burzynski, Hasara and Raica. PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz. SENATOR DUDYCZ: Thank yau, Mr. President. Floor Amendment No.'4 contains eight components. What it dces, it adds, first of all, the contents of Senate Bill 1722 that passed the Senate 57 to nothing, to allow MEG units to investiçate gun and gang-related offenses. Number two, it adds the components of Senate Bill 1705 that also passed the Senate with a vote of 56 to nothlng, to include armed violence in the death penalty felony murder provision. Number three, it adds Senate Bill 1694 that passed the Senate 52 to 3, to clean up the stalking sentencing provision and add aggravated kidnapping to the list of offenses in the Habitual Offender Life Imprisonment Section, and allog use immunity on al1 criminal offenses. Number four, it adds Senate Bill 1352 that passed the Senate with a vote of 55 to nothing, to reverse the Beardsley eavesdropping case wbich would allow consensual overhears by 1aw enforcement in certain cases when necessary for officer safety, and to expand wiretap to include murder, money launderin: and gang-related felonies. And this -- this portion of the amendment also adds to wiretap, gun offenses that were in Senate Bill 1713. Number five, it creates a new offense of false personation of a parent or a legal guardian of a minor to a public or school I 56 I 2- - - - - - - . - .  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY l REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 officer or an -- or employee. The penalty would be -- a Class A misdemeanor. And number six adds the components of Senate Bill 1228 that passed the Senate with a vote of s8-nothingr to make it I unlawful to possess drug paraphernalia With the intent to use lt as drug paraphernalia. Number seven, it adds Senate Bill 1513 that passed the Senate 46 to 4, to allow the court to set up a special drug-testing program as a condition of release on a recoqnizance bond on a felony or drug offense. And finally , it adds Senate Bill 1717 that passed the Senate with a vote of 46 to nothing, to alloW a Statewide Grand Jury to investigate gun and gang-related crlmes.

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

Thank you, Mr. President. Will the sponsor yield for a question? Walter, what Was the -- the vote total you gave on the amendment dealing with the Wiretap, because I don't -- I didn 't -- I don't remember that vote being that -- that lopsided on the wiretap bill?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Senator Hendonr that was Senate Bill 1352, which passed the Senate 55 to nothing with one voting Present, to reverse the Beardsley eavesdropping case allowing consensual overhears by law enforcement in certain cases when necessary far offtcer safety and - - and to expand wiretap to include murder, money launderingr gang-related felonies. And...tmicrophone cutoffl...and like I saidy it also adds to wiretapr the gun offenses that were in Senate Bill 1713.

PRESIDTNG OFFTCER: (SENATOR WATSON) Further discussion? Senator Hendon. 57  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislatlve Day May 18, 1994

Thank you, Mr. President. Welly I have a problem. I must have been the one Present vote on that wiretap bill, because I know there was much discussion about the wlretap last year when that came up. And there was a 1ot of concern about the wiretap portion. I have no -- no problems wlth the -- With the rest of it. But 1 would llke for the sponsor to expcund a bit on the -- the wiretap portion of the amendment, so -- because I -- When you I say consensual wiretapr I know when a police officer's llfe is in danger, but are there any other situations where the wiretap portion of that amendment would -- would apply or be applicable? l PRESIDING OFFICER: (SENATOR WATSON) I j I Senator Dudycz.

Well, Senatorr Senator Dillard was the sponsor of Senate Bill 1352, and I would defer to Senator Dillard to explain that portion of the anendment for you.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.

Senator Hendonr What We add for offenses for wiretapping are ! I solicitatlon of murder, solicitation of murder for hire, first i , degree murder, money laundering, as well as the other offense that - - the drug offenses. I mean, I -- I think these are -- are reasonable and very, very heinous types of -- of activities that our 1aw enforcement officers oughk to have the ability to -- to I i 1 use eavesdropping under a cbntrolled setting. T mean, we're talking murder, money laundering - some very, very stiff types of crimes. '

PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon. ;

58  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 Well, in conclusion, I -- I'm clear now that I an not talking about the same Senate bill, because my good friend wasn't a Senator at the time. T was concerned about a bill similar to this that we passed last year that -- that had far more reaching -- was I 1 far more wide-reaching than. -- than what you're proposin: here I : I today. Thank you, Mr. Chairman. I ! /

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Cronin.

Yes. I just want to ask the sponsor - this bill seeks to expand the powers of the Statewide Grand Jury. Do you know how nany times the Statewide Grand Jury has been used under the current Attorney General, Denocrat Roland Burris?

PRESIDTNG OFFICER: (SENATOR WATSON) Senator Dudycz.

Two times, with eighteen indictments.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Shaw.

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR WATSON) Yes, the sponsor indicates he will yield, Senator Shaw.

I wanted to get back to this wiretapr and it's my understandlng that we have passed a number of these bills in -- in separate bills. And now, why dld we -- why do we need to pass this -- bunch al1 of these bills up again and pass them again, dealing with the wiretap and the Statewide Grand Jury? Why do we -- why are we doing that?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz. i 59  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 121st Leglslative Day May 18, 1994

Well, unfortunately, many Senate bills are being amended in the House, and it is the Wise decision of the President of the Senate to keep our 1aw enforcement Criminal Code initiatives alive, and we are amending.them lnto the vehicle bills that we have available to us.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

Yeah. Could you tell us what the House are adding to these bills? Whether theydre making them better or not?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Well, Senatorr they dre still in -- they're still in committee - in the House committees - and We don't know What they are adding in those bills, because they baven't been voted out of committee yet.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Shaw.

The other part -- why are we broadening the wiretap? I -- I -- one would assume that we're broadening this in terms of -- of wiretapping in this State. Why are we broadening this? We know that We have a -- when We passed the legislation giving the A*torney General lndictment power and a11 of thak: that was supposed to be the panacea to the drug problem that we had in this State, and now we come back, we want to -- will the Attorney General be able to wiretap under this bill?

PRESIDING OPFICER: (SENATOR WATSON) Senator Dudycz.

60  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 My handler says, noy only State's attorneys may apply for the court orders.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

Doesn't the bill itself talk about 1aW enforcenent? Is the Attorney General consldered a laW -- a part of 1aw enforcement ln this State? Or did it -- does it exclude him?

PRESIDING OFPICER: (SENATOR WATSON) Senator Dudycz.

Youdre correct. The -- the Attorney General is 1aW enforcement: but the 1aw is clear that it's the responsibility of the individual State's attorneys to apply for -- to make the applications, not the Attorney General.

PRESIDING OPFICER: (SENATOR WATSON) Senator Shaw.

Finally, I don 't want to prolong this, but it -- it seemed to me when you go to -- you're eroding people 's rights a little bit at a time on this wiretapping business. And I -- I think most of us bere, we don't have anything to hide, but certainly there are citizens out there and information that you would recelve under the wiretapping. Say that you was looking at a drug dealer here. If other information that you received that might be criminal in nature, what would you be allowed to do with that, once you received lt?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

I'm sorry, Senator. I didn't understand your question. Could you clarify it for mer please? 61  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8r 1994

PRESIDING OFFICER: (SENATOR WATSON) Senator Shak.

Under the -- wiretap, you are looking for drugs; you're dealing with drugs. Once ycu obtain other criminal activities or tnformationr what would you be permitted to do -- allowed to do with it under thls bill?

PRESIDING OFFICER: (SENATOR WATSON) Senator... SENATOR SHAW J Is this bill structured slmilar to the -- setting up the Attorney General's grand jury powers?

PRESIDTNG OFFTCER: (SENATOR WATSON) Senator Dudycz.

Senatory as long as the drug activity is being monitored, any information that is being received by the law enforcement agencies as collateral materialr I guess would -- would be admissible.

PRESIDING OFFTCER: (SENATOR WATSON) Senator Shaw .

Would you repeat that again?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz, for a second time.

If the -- if the laW enforcement agency is monitoring the activity for -- for the drug activity - the language that is being Eapped - if there is other -- in ccnjunction with that drug language, if there is any other information of a criminal nature Ehat is brought into that conversation, then the laW enforcement community can proceed with the -- With the enforcement of it.

PRESIDTNG OFFICER: (SENATOR WATSON) 62  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 i 1 l Senator Shaw.

So we're not structuring thls the same way We structured the Statewide Grand Jury power, because it was my understandlng that the passlng - - when We passed that legislation, they Were prahibited from bringing in anything that Was not directly related. And I kncw what you said. : PRESIDING OFFICER: (SENATOR WATSON) i i Further discussion? Senator Molaro.

Thank you, Mr. Presldent and Members. To the amendment: The problem I have is I think this amendment, in the way it's ( presented -- I'm not sure what happened in the House. 1 have nc ! idea what they attach. And, Senator Dudyczr I could certainly understand with what's going on in the last tNo Housesy what youfre trying to accomplish. But the problem is, and why thls is totally unfair -- and -- and I found out, and I think our Parliamentarian will tell me that I cannot cut up an amendment. This is Amendment No. 4, so I can't cut it up . There arer as I count them, sixteen dlfferent types of things that we are trying to do to the Criminal Code, of whieh I wholeheartedly agree to thirteeny and I don't Want to be recorded as No on these thirteen. But there are three that I think are terrible. NoW youdve put me in an unenviable position, and every Senatcr here, that if there's one or two of these things that we don 't agree to, we have to vote No, and if somebody pulls this roll call, we're voting No on about fourteen good provisions. And I'm just wondering if thereds ancther way that you can do this, because I'm assuming I cannot divide this amendment. And for the recordr the Parliamentarian is shaking her head yes, Senator.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz. 2 63  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY j REGULAR SESSION SENATE TRANSCRIPT I 121 I st Legislative Day May l8, 1994 I SENATOR ouozcz: 1 Yeah. I -- I guess I'm a little bit confused by your statement, Senator. When -- when I was reading off the -- the various bills that we -- that we passed previously, they were at votesoflike57tonothing, 56 to ncthing, 52 to 3, 55 to j nothing, and we're trying to accommodate the -- the entire Senate to -- with a package that can -- that can have some teeth in it, some 1aw enforcement effectiveness, and something that the majority of us can vote for. Now I understand if you have a problem with a component for it, Senator. You know, there are many bills that the Senate President saysz ''I have a problem w1th a portion of it, but I'm going to hold my nose and vote on it, because it has a -- a majority of it is sonething which I find acceptable and find very much deslrable.'' That's your prerogative, Senatcr, but this is the package that was handed to me, and this is -- the one I'm going to attempt to pass.

PRESIDING OPFICER: (SENATOR WATSON) Senator Molaro.

NoE -- not to belabor the point, but you just said that some were voted 56 to 3 and sone of these I have a problem With. It's not a single bill that the President or someone else may have a problem with and say 1'm going to swallow on this single bill and vote Yes or vote No anyway . Thfs is a problem where you have distinct separate thlughts, distinct separate concepts that We have voted on previously/ and now I'm going to be forced to vote No on -- on things I voted Yes on previously, because there are certaln things that just -- I cannot in good conscience vote Yes for. And it's terribler and I just don't think it's right. But that's all.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Fetka. I 64  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18r 1994

Thank you, Mr. President. Wi11 the spcnsor yield?

PRESIDING OFFICER: (SENATOR WATSON) Yesr the sponsor vill yieldg Senator Petka.

In response to a questian that Was asked prevfouslyr Senator, about the use of the Statewide Grand Jury: Do you recall the types of offenses that -- that were involved at that time?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Well, the -- the one that we previously passed, Senatorr were dealing wtth drugs and excluslvely in drugs my understanding. These are -- are a little bit more expansive. We're dealing with murder, money laundering, gang-related offenses, gun offenses. It's not exclusive to drugs, as -- as was passed previously.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Petka.

We passed the Statewlde Grand Jury bill in 1990 and for -- then for a period of four years, we've had two drug-related prosecutlons through a Statewide Grand Jury. In your opinion, Senator, what -- how do ycu percelve the Statewide Grand Jury role being expanded by gun- and gang-related crimes to have any impact on crime, lf it's only been used twice in the kast four years?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Senator, I don't know how I could answer that. You -- we give the tools to law enforcement in our State. We have the confidence that they have the ability r desire and the -- the means to -- to proceed with their prosecutions and then their enforcenent. 65  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18# 1994 PRESIDING OFFICER: (SENATOR WATSON) i Further discussion? Senator Petka.

So are -- thenr are you suggesting that perhaps the -- if you had a proactive professional 1aw enforcement officer inthe Attorney General's Office, like Jim Ryanr that this would perhaps j be used?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Yes.

PRESIDING OFFICER: (SENATOR WATSON) Purther discussion? Senator Hendon.

Thank you: Mr. President. I apologize for rising a second time. But I -- I do want to ask the sponsor just a feW questions. In the bill last year, when a conversation was picked up that had nothing to do w1th the case at hand, it was stated that that -- those recordings would be held for life. And -- and -- and then anyone twenty years from then, thirty years from then, could have access to that informaticn. What is the -- What is the situation, , circumstances,withnonrelatedcriminalactlvity on conversation 1 picked up, under this bill?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Well, if it doesn't deal Nlth any criminal offenses and has nothing to do with the investigatlon under hand, then that's when they would be held in confidence. They would be kept private.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon . !

66  STATE OF JLLTNOTS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 Well, Mr. -- I mean, I understand ''kept privatel'. What I'm talking about is how long will it -- language in some library I where a new State's attorney could ccme in or a clerk can come in I ten years from ncw and possibly blackmail somebody for something . that was tokally unrelated to the case at hand . My question is not the privacy aspectr but how long will these records be maintained? And that was what I was trylng to get to earlier, under the earlier legislakion that did not pass this Body - last year, I believer or if it did pass, it was very close, and did not pass the House - the question was: What about conversation that had nothin: to do with the investigation, that was innocently picked up - how long gould that conversation lie around, or will that conversation be destroyed? PRESIDING OPFICER: (SENATOR WATSON) Senator Dudycz. SENATOR DUDYCZ: Well, there's a minimization requlrement, Senator, whereby the - - the law enforcement offlcials monitoring the conversations are required to -- lf the conversations drlft away from their monitoring intent -- in other words, if -- if you and I are speaking regarding some drug acttvity, and we are being monitored by law enforcement community, and a11 of a sudden our conversation 1 ! turns to the Super Bowl or Bulls or -- or our families or anything prlvate, then they're required to shut off -- they can maintain their monitoring, but they are required to shut off the -- the recording machines. And then if our conversation returns to *he crimlnal activlty that is granted by the courks to be monitored , then they -- they are allowed to turn those machines back on. PRESIDING OFFICER: (SENATOR WATSON) / i Further discussion? Senator Hendon. I j I SENATOR HENDON: .. . lmicrophone cutoffl...chairman, and I do truly apologize. ' 67 (  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8' 1994 But, Walter, 1'm trying to get to one point and one point alone. What that conversation is picked upy and somebody fouled up they didn't turn off the recorder, and and Senator Dudycz says something that his wife wouldn't be happy With - not that you uould would that conversation -- because it says here, as read any private oral communication intercepted in accordance with subsection blah, blah if practieal, be recorded by tape or other comparitable <sic> method. The recording shall, practicable, be done such a way as will prctect lt from editing or other alteration. And I'm saying -- my position is - and We need to really hear this - such a conversation picked up Ehat has ncthing to do with crime but may be embarrassing to -- to your personal life or your family lifey then that conversation should be edited. And my question to you is, What happens that innocent conversation is picked up anyway? Will -- will langulsh around for twenty or thirty years and come back and harm someone terribly for no other reason than somebody got and kanted to blackmail them or -- or get polltlcal retribution? And I'm not married , so I dcn't have that problem -- you know -- about my wife hearing anything. But that's something July 23rd. That's something that -- that you should think about. And Iy question to you What happens to unrelated noncriminal conversation that happens to be picked up? Will that be destroyed, or will it be filed away somewhere for sonebody to stumble upon twenty, thirty, fifty years later?

PRESIDIHG OFFICER: (SENATOR NATSON) senator Dudycz.

Well, thank you, Senator. appreciate yaur comments, and I would hope that I would not say anything that would offend my wife when I speak with you, publicly or privately. But -- but guess to -- to -- to respond to your question, guess the best 68  STATE OF ILLINOIS : 88TH REGE UN LE ARAL SEA SSS IO EM NBLY j SENATE TRANSCRIPT ! 12lSt Legislative Day May 18# 1994 way to do it, maybe to ycur satisfaction, Senator, is to read the two sentences that would -- that apply, as far as tbe current Criminal Code. One second, please. Okay. The Section -- Section l08B-9. ''Immediately upcn the expiration cf the order or its extensions, the tapes, and cther recordings, shall be transferred ! I to the chief judge issuing the order and sealed under his direction. Custody of the tapes: cr other recordingsr shall be maintained wherever the chief judge directs.'' And 'they shall not be destroyed, except upcn an order of a court of competent ; i jurisdiction' except -- 'and in any event shall be kept for 10 yearsm'' So they shall be kept for ten years, Senator, and if -- i if the judge decides to -- to have them destroyed - the chief I judge - sooner, he can. i PRESIDING OFFICER: (SENATOR WATSON) ! Further discussion? Senator Hall. I i

Will the sponsor yteld for a question? PRESIDING OFFICER: (SENATOR WATSON) i Senator Dudycz will yield, Senator Hall. ! I

Senator, I see that Ehis bill was amended over here: right? i Is that correct? '

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz. SENATOR HALL: i And -- and...

That's what I'm attempting to do right now: Senator.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hall.

... 1 don't remember exactly what you said. I thought you said I 69  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 that all these amendments we've been talking about is -- is in that. Is that what you're trying to do right now? PRESIDING OFFICER: (SENATOR WATSON) I Senator Dudycz. SENATOR DUDYCZ: Senator: we 're on 2nd Reading. I'n attempting to amend House Bill 356 with eight provisions rrom previous billsz most of Which had passed previcusly, the Senate, and are somewhere ln the other Chamber. PRESIDING OFFICER: (SENATOR WATSON) Furtber discussion? Seeing noner Senator Dudycz, would you like to close? Al1 those in favor, say Aye. A roll call has been asked for. A11 those in favor, vote Aye. Opposedr vcte No. The vcting is open. Have a11 voted who wish? Have a11 voted who wish? Have a1l voted Who Wish? Take the record. On that question, there are 47 voting Yes, no votlng -- 9 voting No, 3 vottng Present. And the amendment is adcpted. 3rd Readlng. Are there any -- okay. Error by the Chairr and we now have to recall thls, Senator, back to 2nd Readlng, and T'd ask leave cf the Body to return Senate Bill -- or House Bill 298 <sic> (356) to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectlon, leave is granted. On the Order of 2nd Reading is House Bill 298 <sic>. Madam Secretary, are there any Floor amendments approved for conslderation? ACTING SECRETARY HAWKER : Amendment No. 5, offered by Senator Karpiel. PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel, on Amendment No . 5. SENATOR KARPIEL: It is Amendment 5 to House Btll 356, correct? PRESIDING OFFICER: (SENATOR WATSON) That is correct. 70 I I  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislatlve Day May 18, 1994

Well, you had another number up there, that's why. Okay. Thank you very much. Amendment 5 to House Bill 356 simply requires that the releasing authority notify a concerned citizen upon a defendant's discharge from jail, or from a mental health factlity, or pacole, or if they've -- they've escaped or whatever, but it does notify a concerned citizen upon the post -- about a post-conviction petition and hearing, if the concerned citizen does request that in writing.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, al1 those in favorr say Aye. Opposed, Nay. The Ayes have it: and the amendment is adopted . Any further Floor amendments approved for consideration?

No further anendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading.

PRESIDING OFFICER: (SENATOR DONAHUE) Leave Was requested earlier to go back to House Bill 504. So on the bottom of your page 4 -- middle of the page 4 is House Bl11 504. Senator Watson. Do you Wish this bill to go back to the Order of 2nd Readkng for the purposes of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is Hcuse Bill 504. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. offered by Senator Watson.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Watson, on Amendment No . 2.

Yes, thank you. Thank you, Madam Chairman -- orz President. I appreciate that. We -- thls partlcular amendment takes out some 71  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8: 1994 provisions that the Press Association objected to in commlttee. would ask for its approval.

PRESIDING OFFICER: (SENATOR DOXAHUE) Is there any dtscussion? Senator Klemm.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Klemm . Senator...

The question I have, Senator Watson, is that we recently have passed a revised bill for the Open Meetings Act. HoW Would this amendment then fit into that language that we adopted? Because that would -- if that is signed before this then thls bill may - - nay or may not be in order. And I Was just wanting to be sure that, you knowr Would fit in with the new proposed changes, rather than the old Open Meetings Act.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Yesr thank you. This takes out atl the provisions dealing with the Open Meetings Act. The legislation does not deal noW with the Open Meetings Act.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further dlscussion? Further discussion? Senator Watson, to close. A1l those in favor, say Aye. Opposed, Nay. The Ayes have Amendment is adopted. Are there any further Floor amendments for consideration?

No further amendments reportedr Madam President.

PRESIDING OEFICER: (SENATOR DONAHUE) 3rd Reading. The intent of the Chair is to proceed to page l3, on the Order of Secretary's Deskr Non-concurrence, House 72  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18, 1994 Bills. And on that Order is House Bill 4, sponsored by Senator Maitland. Madam Secretary, please read the bill.

have Senake Amendment No. to House Bill 4.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

Thank you very much.

PRESIDING OFFICZR: (SENATOR DONAHUE) To explatn your motion or your amendment . Senator Maitland .

Thank you very much, Madam President, Members of the Senate. move that the Senate refuse to recede from Amendment No. to House Bill

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland has moved that the Senate refuse to recede from the adoption -- no -- from *he adoption of Senate Amendment No. 1 to House Bill 4, and that a confezence committee be appointed. Al1 those in favory say Aye. Opposed, Nay. The Ayes have The motion earriesy and the Secretary will so inform the House. Senator Fitzgerald, for What purpose do you rise?

Thank you, Madam President. I rise for the purpose of transferring sponsorship of House Bill 539 to Senator Pate Philip.

PRESIDING OFFTCER: (SENATOR DONAHUE) Senator Fitzgerald requests that Ehe sponsorship of House Blll 539 be ehanged to read Senator Philip. It Will be so ordered. Senator Geo-Karis, for what purpose do you rise?

Madam President, Ladies and Genblemen of the Senate, there will be a Republican Caucus immediately after this morning's Session. Immediately hereafterr Republican Caucus. 73  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8y 1994

PRESIDING OFFICER: (SENATOR DONAHUE) Now, *he intent of the Chair is that we w11l recess until the call of the Chair, for the purpases of reading in committee paperwork. There will be no further aetion on the Senate. Senator Cullertony for what purpose do you rise?

Yesr thank you, Madam President. There are committees -- maybe I missed this. There are comnittees that were scheduled, and there's now going to be a Republican Caucus. So could you tell us when the committees would -- would meet - 2 o'clock ccmmittee meetlngs.

PRESIDING OFFICER: (SENATOR DONAHUE) Each -- we'll have them each announce that. Senator Mahary for What purpose do you rise? SENATOR MAHAR ) I guess Senator Cullerton makes a good point. I don't know when to -- how lon: do you figure the caucus is going to ber so that the Members w111 know when to -- when to gonvene the committees?

PRESIDING OFFICER: (SENATOR DONAHUE) Let's just stand at ease for just a minute, and 1'11 be able to tell you. Senatcr Demuzio, for what purpose do you rise?

Also, could you find out what tine we're coming back tonorrow, because if we 're galng to go to -- if the Republicans are going ta caucus, and Wefre golng to go to committee and We're coming back to read in committee reports, our guys would kind of like to know what time we're coming back tomorrow so they don't have to stick around and listen fcr the message.

PRESIDING OFFICER: (SENATOR DONAHDE) Senate committees -- if I could have your attention. Senate committees will meet at 3:30, and we will be adjourning at the end  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION j SENATE TRANSCRIPT . l 121st Legislative Day May 18, 1994 of the day until 2 o'clock tomorrow mornkng -- or, tomorrow afternocn. Senator Demuzio.

! Is it also khe intention of the Rules Committee then to meet at 3 o 'clock today, as was prevtously noticed? ' i

PRESIDING OFFICER: (SENATOR DONAHUE) Rules Committee will meet at 4 o'clock. 2 c 'clock tomorrow I afternoon. 4 o'clock for Rules. 3 o'clock -- 3:30 for al1 other committees. Senator Demuzio.

4 o 'clock today, Rulesr and then 2 o'clock tomorrow Session, and then 3:30 something else today, to do What and whatever. Thanks. PRESIDING OFEICER: (SENATOR DONAHUE) ! I will repeat myself, Senator Demuzio. 3:30 for a1l committees, 4 o'clock for Rules, 2 o 'clock Session tomorrow afternoon. We Wl11 be in recess until the call of the Chair. Senator Dunn, for what purpose dc you rise?

Thank you, Madam President. State Government Operations and Executive Appointments wil1 meet in the morning at 9 o'clock in Room 212.

PRESIDING OFFICER: (SENATOR DONAHUE) 9 o'clock. Senator Syverson, for Nhat purpose do you rise?

Purpose of announcement. Local Government's wl1l mee: at 9 a.m. tomorrow morning in A-1.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Smkth, for what purpose do you rkse?

I'd like to get a -- a correct announcement as to when will Health-Education? We dre scheduled for ln the morning at 75  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May l8, 1994 I 10 o'clock: as I understood ... ' I

PRESIDING OFFICER: (SENATOR DONAHUE) Tomorrow's -- tomorrow 's schedule is in your Calendar, and it ' will neet wben it is on the Calendar. ' SENATOR SMITH: ' Well: it Was scheduled for today; however, I Want to find out todayr tomorraw.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

Public Health is scheduled for 12 o 'clock tomorrow. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Woodyard: for what purpose do you rise?

! Thank your Madam President. I'm sure this will make everybody very happy. The Senate Ag-conservation Committee will not meet tomorrow morning at 8:30.

PRESIDING OFFICER: (SENATOR DONAHUE) Senate stands in recess till the call of the Chair. I (SENATE STANDS IN RECESS) (SENATE RECONVENES) PRESIDING OFFICER: (SENATOR DONAHUE) i Senate will come to order. Committee Reports.

Senator Weaver, Chair of the Committee on Rules, reports that ! the follcwing Legtslatkve Measures have been asskçned tc 75  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day May 18r 1994 committees: To the Committee on Education - Senate Amendment 3 to House Bill 2107, Amendments and to House Bill 3244 and Amendment 2 to House Bill 34577 to the Committee Environment and Energy Amendment 4 to House Bill 44; to the Committee on Pinancial Institutions - Amendment 2 to House Bill 35827 to the Committee on Insurance, Pensions and Licensed Activities Amendments 2 and 3 to House Bill 61 and Amendment 2 to House Bill 3485; to the Committee on Local Governnent and Elections - Amendment 2 to House Bill 1569 and Amendment 3 to House Bill 16357 to the Ccmmittee on Public Hea1th and Welfare Amendment to House Bill 539, Amendment 2 to House Bill 742, Amendment 1 to Hcuse B111 1391, Amendments 2 and 3 to House Bill 1853, Amendments and House Bill 2221, Amendment 3 to House Bill 2424 and Amendments 2, 4, 6 and 7 to House Bill 32787 and to the Committee on Revenue - Amendments, 2, 3, 4 and 5 to House Bill 26317 also to the Committee on Transportation - Senate Amendments and House Bl1l 1513, Amendment 1 to House Bill 3094 and Amendments 1 and 2 to House Bill 3551.

PRESTDING OFFICER: (SENATOR DONAHUE) Any further business to come before khe Senate? If I could have your attention then, the Senate will convene in perfunctory Session tomorrow morningz Thursday, at 9 a.m.: for the purposes of reading in reports only. Qhe regular Session of *he Senate convene at 2 o'clock tcnorrow, Thursday, May 19th. The Senate stands adjourned. 77 REPORT: TIFLDAY STZTE OF ILLINOIS 94/11/02 PAGE)001 88TH GENERAL ASSEHBLY 12:50:06 SENATE DAILY TRâNSCRIPTION OF DEBATE INDEX HêY 18, 199% HB-0004 REFUSE TO RECEDE HB-00O6 :ECOND HEADING HB-0008 SECOND READING HB-0009 SECOND READING HB-03k3 SECOND REZDING H8-0356 RECALLED H8-0356 RECALLED HB-050V RECALLED H8-0539 DTHER H8-0696 RECALLED HB-1129 QUT OF RECORD HB-1705 RECàLLED HB-177% THIRD READING HB-1786 SECOND REâDING H8-1853 0UT CF RECORD HB-2010 RECALLED H8-223: RECALLED H8-2423 RECZLLED H8-2613 FIRST READING H8-2627 3EC0MD READING H8-2641 THIPD READING HB-2710 FIRST READING H8-2809 RECALLED H8-2836 FIHST READING H8-2855 FIRST REZDING HB-3070 FIRST READING H8-3079 THIRD READING H8-3322 RECALLED H8-3:78 THIRD READING H8-3485 RECALLED H8-3522 THIRD REZDING H8-3551 0UT OF RECORD H8-3582 SECOND READING H8-3883 SECOMD READING H8-3975 SECOND REZDING HB-%033 THIRD READING HB-4O86 FIRST READING HB-M137 FiRST READING HB-y176 THIRD READING 8R-1468 RESOLPTION OFFEHED SR-1M69 RESOLUTION OFFERED sR-1R70 RESOLUTION OFFERED SR-1M71 HESOLUTION OFFERED SR-1R72 RESOLUTION OFFERED SR-1%73 RESOLUTION OFFERED SR-1M7R RESOLUTION OFFERED SR-1V75 RESOLUTION OFFERED HJR-0086 RESOLUTION OFFERED SJR-0160 RESOLUTION OFFERED SJR-0161 RESOLUTION OFFERED SJR-0162 ADOPTED 8J:-0162 RESOLUTION OFFERED SUBJECT MATTER SENATE TO ORDER-SENZTOR HEZVER PAGE 1 COHMITTEE REPORTS PAGE 1 RECESS PAGE 1 SENATE REC0N7ENE8 PAGE 1 PRAYER-PASTOR JâHIE ALLEN PAGE -1 JOURNâLS-POSTPOMED PAGE 1 COMMITTEE REPORTS PAGE 2 HESSAGE FROM THE HOUSE PAGE 2 INTRODUCTION OF GUEST - SENZTOR HZSàR; PAGE 3  7N. v - . 4 REPORT: TiFLDZY 8T2TE 0F ILLINOIS 94/11/02 PAGE: 002 88TH GENERAL ASSEHBLY 12:50:06 SENZTE DZILY TRANSCPIPTION OF DEBATE INDEX HàY 18, 199% SDBJECT HATTER GUEST SPEAKER-HARILYN O'BRIEN PZGE COHMITTEE REPORTS PAGE 13 RECESS PZGE 16 SENATE RECONVENES PAGE 76 COMMITTEE REPORTS PAGE 76 ADJOURNMENI PAGE 11