Illinois Senate Floor Debate — May 19, 1994

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

Mr. President, I move that reading and approval of the Journals of Tuesday: May 17th, and Wednesdayr May l8thr in the year 1994, be postponed, pending arrival of the printed Journals. . I PRESIDENT PHILIP: i ! . Senator Butler mcves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcripts. There being no objectionsz so ordered. WICS-TV and WAND-channel 17 have requested permission to tape the proceedings. Is leave granted? Leave ls granted . Committee Reports.

Senator Watson, Chair of the Committee on Educatlon, reports Senate Amendment 3 to House Bill 2107 Be Adopted, Amendment 5 to l House Bill 3244 Be Adoptedy and Amendment 2 to Hcuse Bill 3457 Be ' Adopted. Senator Karpiel, Chair of the Comnittee on Executiver reports Senate Amendment 2 to House Bi11 2150 Be Adopted. Senator Topinka, Chair of the Committee on Public Health and Welfarey reports Senate Amendment 3 to House Bi11 539 Be Adopted: Amendment 2 to House Bill 742 Be Adopted, Amendnent l to House Bi11 1391 Be Adoptedy Amendments 2 and 3 to House Bill 1853 Be Adopted, Amendments l and 2 to House Bill 2221 Be Adoptedz Amendment 3 to House Bill 2424 Be Adopted: and Amendments 2, 3, 4, 5, 6 and 7 to House Bill 3278 Be Adcpted. Senator Mahar, Chair of the Committee on Environment and Energy, reports Amendment 2 to House Bill 298 Be Adopted , I 2  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 Amendment 2 to House Bill 1352 Be Adopted, Amendment 2 to House Bill 1594 Be Adopted , and Amendment 4 ta House Bil1 44 Be Adopted. l I Senator Barkhausen, Chair of the Committee on Financial Institutions, reports Amendment l to House Bill 902 Be Adcpted, and Amendments 1, 2 and 3 to House Bill 3611 Be Adopted. 1 Senator DeAngelis, Chair of the Committee on Revenue, reports Amendment 3 to House Bill 4l0 Be Adoptedr and Amendments 2, 3 and 4 to House Bill 2631 Be Adopted. Senator Fawelly Chair of the Committee on Transportation, reports Amendments 2 and 3 to House Bill 1513 Be Adopted, Amendment l to House Bill 3094 Be Adopted, and Amendments l and 2 to House Bill 3551 Be Adopted. Senator Raica, Chair of the Committee on Local Government and Elections, reports Amendments 2 and 3 to House Bill 1635 Be j ! Adoptedy and Amendment 2 to House Bill 1569 Be Adopted. And Senatar Ralph Dunnr Chair of the Ccmmittee on State Government Operations and Executive Appointments, reports i . Amendment 3 to House Bill 99 Be Adopted, and Amendment 6 to House Bill 3587 Be Adopted.

Messages from the House.

i A Message from the House by Mr . Rossir Clerk . Mr . President - I am directed to inform the Senate that , the House of Representatives has adopted the folloWing jcint resolution, in the adoption of which I am instructed to ask the concurrence of *he Senate, to wit: House Joint Resolution l57. 1 Adopted by the House , May 18 r 1994 . It 's congratulatory y Mr . P resident .

Consent Calendar. 3  STATE 0F ILLTNOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 122nd Legislatlve Day May l9r 1994

A Message from the House by Mr. Rossir Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bills of the following titlesr in the passage of which T am instructed to ask the concurrence of the Senate, to wit: House Bills 3032: 3449, 3455: 3798 and 4009. A11 passed the House, May 18# 1994. l

Resolutions.

Senate Resolution 1476 is offered by Senators Fawell, Philip I and others. i Senate Resolution 1477, by Senator Syverson and a1l Members. Senator Dillard offers Senate Resolutlon 1478 and 1479. Senate Resolution 1480, by Senator Bowles. Senator Jones offers Senate Resolukion 1481. Senate Resolutlon 1482, by Senator Smith. Senate Resolution 1483, Senator Rea. Senate Resolution 1484, by Senator Stern, as is Senate Resolution 1485. They dre a1l congratulatory and death resolutionsy Mr. President.

Consent Calendar.

And Senate Resolution 1486: offered by Senator O'Daniel. It's substantive.

Committee Report. SECRETARY HARRYI Senator Weaver, Chair of the Committee on Rules, reports the followlng Legislative Measures have been assiqned to 4  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 committees: To the Committee on Appropriations - Senate Amendments 2, 3 and 4 to House Bi11 6, Amendment 2 to House Bill 8, Amendments 3 and 4 to House Bill 9, and Amendment 1 to House Bill 18837 to the Committee on' Education - Amendment 7 to House ! Bill 2638, Amendmenk 6 to House Bill 3244, and Amendment 3 to House Bill 3457: and Be Approved for Conslderation - Amendment 2 I to House Bl11 343, Anendment 7 to House Btll 381, and Amendment 9 to House Bill 1705. PRESIDENT PHILIP: May I have your -- your attention for one minute. Maybe a little explanation for the fire drill. Evidently there was a small fire in the Rathskeller. I understand everything is under control. And secondlyr as you know, tomorrow is the last day for Hcuse bills in the Senate. So I hope everybody understands that, and that we would try to move things in 2nds and 3rds today as much as we can. The more we do todayr the easier and the faster we 'll geE out of here tomorrow . And it's the last day for 2nd Readings. Senator de1 Valler for What purpose do you rise? SENATOR dEL VALLE: ! Thank you: Mr. President. I'd like to request a Democrakic Caucus immediately in SenatorJones'Office. ! PRESIDENT PHILIP: That request is always in order. How long dc you need? SENATOR dEL VALLE: About an -- about an hour. PRESIDENT PHILIP: Well , lt is quarter after 3. How about 4 o 'clcck . Al1 rlght . I There will be a Democrat Caucus, and we will hopefully get back here by 4 o 'clock . Senator Geo-Karis y for what purpose do you rise? SENATOR GEO-KARIS : Purpose of a potnt of personal privilege: sir. 5 M  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19: 1994 I

State your point. .

Mr. President and Ladies and Gentlemen of the Senate, I'm delighted to have two of my constituents here with me today: our Honorary page: who is a Girl Scout, Erin Logan, and her motherr . Karen Logan, from Waukegan, lllinois. I'd like you to welcome ! them.

Please rise and be recognized by the Senate. SENATOR GEO-KARIS: ! I'm sorry -- T gce the wrong name . It 's Maren Bales and Erin Bales. Sorry. From Waukegan, Itlinois.

Thank you -- thank you, Senator. Wi11 you please rise and be recognized by the Senate . All righe. The Senate will stand at ' ease till 4 :15. (SENATE STANDS AT EASE) (SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR WEAVER) The Senate will come to order . On page 7 of your Calendar , on the Order of House Bills 2nd Reading, House Bill 410. Senator DeAngelis? Do you wish -- dc we -- do you wlsh the bill read for a second time? Mr . Secretary .

House Bill 4l0 . (Secretary reads title of bill) 6  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day MaX 19' 1994 2nd Reading of the bill. The Committee on Revenue defeated Amendnents l and 2.

PRESIDING OFFICCR: (SENATOR WEAVER) Have there been any Floor amendments that have been approved ; for eonsideration? :

Amendmene No. 3, offered by Senator DeAngelis and Berman.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis, to explain your amendment. SENATOR DeANGELIS: - . j Thank you, Mr. President. Flcor Amendment No . 3 becomes the bill. This is the bill that freezes the assessed valuation for seniors after sixty-five Who have household incomes of thirty-five thousand dollars or less. There Was a serious concern that there may be some people who would take advantage of this. For instance, Senator Berman thought that he may want to move in with 7 his kids, take possession of the house and then get the exemption. And I said that if his kids Wanted to do thatz they deserve the exemption. But essentially , what we 're doing is r they have to affirm the income. They have to send a copy of the first page of the taxpayer's most recently filed federal inccme tax form, and this will be done on the basis cf income, including tax-free income , to prevent those fat caes , like Ross Perot, who might decide to buy a house in Illinois, from getting the exemptlon.

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

Thank ycu. I just want to conpliment Senator DeAngelis for these changes that I think improve the purpcse , or more fully achieve the purpose that he had tn the original bill, and I '::t pleased to be a cosponsor. Thank you .

PRESIDING OFFICER: (SENATOR WEAVER) 7  STAQE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19' 1994 Any further discussion? Senator DeAngelis moves the adoption of -- Flocr Amendment No. 3 to House B11l 410. Those in favor will signify by saying Aye. Opposed, Nay. The Ayes have itr and the amendment is adopted . Any further amendments?

. i No further amendments reported, Mr. President. I PRESIDING OFFTCERJ (SENATOR WEAVER) I 3rd Reading. Senator Shaw , do you wish -- on 6107 Out of the record. Is there leave tc ccme back to 1129? Leave is granted. I Senator Watson, on 2107? Mr. Secretary, read the bill. SECRETARY HARRV: I House Bill 2107. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted I Amendment No. 1. PRESIDING OFFICER; (SENATOR WEAVER) Have there been any Flocr amendments approved for consideration?

Amendment No. 2, offered by Senator Topinka. PRESIDTNG OFFICERI (SENATOR WEAVER) Is Senator Topinka on the Floor? Senator Watsony do you wish to handle the amendment? ...tmicrophone cutoffl...Topinka Will be here very shortly. Senator Topinka, on Floor Amendment No. 2 to House Bill 1129 <slc>. Would you explain the amendment? Excuse me. House Bill 2107, Senakor Tapinka. ïou flled Floor Amendment No . 2. Take it out of the record. Senator DeAngells, on 2631? Read the bill, Mr. Secretary.

House Bill 2631. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted : 8  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 Amendment No. 1. i PRESTDING OFFICER: (SENATOR WEAVER) Have there been any Ploor amendments approved for consideration? . SECRETARY HARRYJ Amendment No . 2, offered by Senatcr DeAngelis. i PRESIDING OFFICER: (SENATOR WEAVER) ! Senator DeAngelis, to explain the amendment. SENATOR DeANGELIS: Thank you, Mr. President. Senate Floor Amendment No. 2 to House Bill 2631 does the following - as you can see, I am heavily flanked by menbers of the Department of Revenue - it has some l significant administrative proposals requested by thak Department, and I would ask you to look at your fact sheets and respond -- 1'11 be happy to respond to any questions. But it's pretty extensive. And maybe we ought to look at that on 3rd Reading, rather than ncw. It does sone technlcal clean-up language on : Senate Bill 522 that was passed last year. It restores or brings back Senator Klemm 's bill, which goe bottled up or died somewhere i or it's floating around in the Houser on raising the allowable tax abatements from a nillion to three nillion dollars. It has on it an amendmene that vas requested by Senator Jacobs which allows the abatement of certain residential property in flooded areas for up to five years. Be happy to answer any questlons on that amendment... PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is the adoption of Amendment No. 2 to House Bill 2631. A1l in favor, signify by saying Aye. Opposed, Nay. The Ayes have it, and the amendnent is adopted. Are there further amendments? SECRETARY HARRY: Amendment No. 3, offered by Senator DeAngelis. : 9  STATE OF ILLTNOTS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 PRESIDTNG OFFICER: (SENATOR WEAVER) ' Senator DeAngelis, to explain the amendment. ' l SENATOR DeANGELIS: Thank your Mr. President. Amendment No. 3 permits a builder . of condominiums and townhomes the same opportuntty for a model facility as is afforded to a single-family residence. 1111 be 1 happy to ansWer any questions. l PRESIDING OFFICER: (SENATOR WEAVER) I Is there discussion? If not, the question is, shall Amendment I No. J be adopeed. Those in favor will signify by saying Aye. . ' j Opposed, Nay. The Ayes have it. The amendment is adopted. Are I there further amendments? SECRETARY HARRY: E Amendnent No. 4, offered by Senator DeAngelis. j PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. ' SENATOR DeANGELJS: Floor Amendment No. 4 permits the increase of the current trainlng tax expense credit from 1.6 percent to two percent. This is a training credit given to employers who invest in the training in technical and semi-technical jobs and skilled and semiskilled jobs. Be happy to answer any questions. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Palmer. SENATOR PALMER: Thank youy Mr. President. On this one, I stand in opposition, and 1111 tell you why. We had extensive discussion in committee on this one. First of all, I think the Body needs to know that at this timer the Department of Revenue is currently working on regulations for the eredit that is given to manufacturers, and if you have read anything about this -- this credit, you know that it was instituted in 1986, which neans that for the time between 1986 10  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May à9e 1994 and currently, we have no information about what this bill -- what this credit has accomplished; we have nc information about anything of substance. So that what, in effect, We are doing is raising from l.6 to two percent contributions without any evidence. Now, would suggest that we vote No on this at the tine, 1et come back again later, because the Department of Revenue is currently working with some of the top corporations in Illinois to come up with the kinds of rules that think wculd give us a 1ot more confidence in votlng for this. The bottom line is that we are giving away money, and we have no evidence that we have even used the money we gave away the first place effectively.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.

Thank you, Mr. Presldent. want to add to What Senator Palmer has said . This is an amendment to House Bill 2631. 2631, in the two previous anendments we've talked about today, and the bill itself, essentially noncontroverslalr and there are some important parts to this bill that the Department of Revenue says we have to pass quickly. I would just suggest and suggested this to the sponscr in committee; he didn't agree with this suggestion, but I'm suggesting it to the Members on this Floor this amendment may sink thts bill. doesn't help a thatr other than this amendment, is essentlally noncontroversial. There is no reason why we should increase this credit when we don't even know what the existing tax credit goes for. The Department of Revenue is seven years late in promulgating the -- the rules and regs as tc what is the basls for this. We shculdn't be doing this. And just think you want the rest of this bill, the bill that -- the amendment that -- that we just adopted, the other amendments on this billy and the bill in itselfy we ought to take  STATE OF ILLINOIS ! 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 I I i this amendment out of it. Vote No. Let's move ahead with the rest of the bill, which (s good. I urge a No vote.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch. SENATOR WELCH: I I Thank you, Mr. President. I too Would rise in opposition to this amendment. What we're doing here is taking 1.2 million dollars out of the Treasury, giving it to corporations. Itls the same as if we passed an appropriation bill to do it. It's goin: to have the same, exact effect. We're going to be voting cn some budget bills later todayr and you fre going to see a lot of programs you want, left out of the budget. But What you're doing right now if you vote for this, is youdre taking 1.2 million dollars out of the Treasury that's golng to have to come fron somewhere else, that we're handing over to corporations. In addition, this proposed amendmenk, we really don't know what it applies tc. In the committee I asked the witness: Does this apply to individuals at McDonald 's when you go to the drlve-up window and they use the radio-control devlce to talk to you at the drlve-up window? She didn't know. It is a technologlcal improvement, so it fits within the deflnition of the bill. I don't think we need to apportion 1.2 million dollars for proposals like that. I wculd urge a No vote.

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

Thank youy Mr. Presidentr Members of the Senate. I totally disagree with my twc previous colleagues that are opposed to this amendment. I think this is the best amendment on the whole billr you know. And -- and 1'11 give an example: Businesses use this to retrain people that have been laid off from work and -- and we have a lot of coal minersr a 1ot of oil-field workers down in 12  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day MaX l9' 1994 Southern Tllinois that lost their jobsr had to be retrained, and they're doing that at General Tire; they're doin: it at the Walgreen Distribution Center. And I think this helps create jobs and get people off of -- off of Workmen's comp that are -- and also off of Welfare, maybe. I think this is this is a good piece of legislation - good amendment.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.

Thank you, Mr. President. just find it amazing that this - - this amendment is being proposed by the same sponsor Who: when we get to 3rd Reading, is going to have a bill to raise property taxes on individual homeowners. And I'm not agalnst having a tax credit for businesses, but you can't have it both ways. You can't just give tax breaks to businesses while raising taxes on property owners.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator DeAngelisr to close. SENATOR DeANGELIS: Yes, thank you, Mr. President. I realize that there's some concern, and is honest coneern that we're going to address on the fact that the Department of Revenue was unable to answer some questions abcut this program. But, you know, there's an o1d expression that says when a man hits a dog with a stick, the dog bites the stick. Well, why are we going to punish the people that are very productively working in this program because somebody else does not have the information? Let me tWo facts are Well known: One is that there is a strong demand for these monies; number two, there's a scarcity of resources. Now, I have to tell you that -- Senator Welch says this is a gift. It is not, because the employer is having to mateh far more than what this grant is in the program. And I have to tell you, if putting people to work  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 is a drain on the State's Treasury, ghy don't we just fire everybody?

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis has moved the adoption of Floor Amendment No. 4 to House Bill 2631. Al1 in favor, signify by saying Aye. There's been a request for a roll call. Those in favor of -- Amendment No. 4 Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who Wish? Have a1l voted who wish? Take the I record. On that question, the Ayes are 38, the Nays are 13, 5 I voting Present. Floor Amendment No. 4 to House Bill 2631 is adopted. Are there further amendments? SECRETARY HARRY: : No further amendnents reported, Mr. President. ;

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Petka, on 29387 Senator Petka? Out of the record. Senator Raica, on House Bill 3094. Mr. Secretary, read the bill. SECRETARY HARRY: I House Bill 3094. (Secretary reads title of bill) 2nd Reading of the blll. No committee amendments. SECRETARY HARRY: I Have there been any Eloor amendmenks approved for I conslderation?

Amendnent No. 1z offered by Senator Raica. PRESIDING OFFICER: (SENATOR WEAVER) I Senakor Ralca, to explain your anendment.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3094 is a Senator Dart bill, and thls language -- is my impression, was agreed to. What it basically does is it allows a ; I 14  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9r 1994 police officer to request a bloody breath or urine analysis, and adds in additional language stating that this provision does not affect the applicability or the impositlon of the driver's license sanctions under the implied consent Section of the current laW. Thls has to do with people drivin: under the influence, and I just ask for its adopkion.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is: shall Amendment No. -- Floor Amendment No. l to House Bill 3094 be adopted. Those I in favor, slgnify by saying Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Any further amendments?

No further amendments repcrtedr Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 3244. Senator DeAngelis. Read the billr Mr. Secretary.

House Bill 3244. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDING OFFICER: (SENATOR WEAVER) ' ! i Have there been any Floor amendments approved for 1 consideration?

Amendment No. 2, offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngells, to explain Amendment No. 2. SENATOR DeANGELIS: Thank you, Mr. President. Amendment No . 2 simply remcves the requirement from the State -- of the State Board of Education in terms of flling semiannual reports. Along With that, it is, as a Member of the Audit Commission, it -- it simply allows the monles 15  STATE OF TLLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 j to flow into the Auditor General -- State Treasury for the Audit ExpenseFundfortheAuditorGeneral'sauditingofStateagencles. 1

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is# shall Amendment No. -- Floor Amendment No. 2 to House Bill 3244 be adopted. A11 . in favor, signify by saying Aye. Opposed, Nay. The amendment's adopted. Are there further amendments?

Amendment No. 5, offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Mr. President, can I take this out of the record momentarily and you come back to it in just a few minutes?

PRESIDING OFFICER: (SENATOR WEAVER) Out of the record. Senator Fagell, on 3457. Mr. Secretary, read the bill.

House Bill 3457. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendment No . 1.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Ploor amendnents approved for consideration?

Floor Amendment No. 2, offered by Senator Fawell.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell, to explain your amendment.

Thank you very much. Thks is an amendment that has been worked on and açreed to by the IEA, the IMA , the State Chamber of 16  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 Commerce' the State Board of Education, the -- the Association of Scheol Boards and all involved in education. It requires the i State Board to provide technical assistance on the schocl accountability process. Authorizes technical assistance by the I State Board af Education to the schools. Allows school districts. to file school improvement plans over three years, rather than one, but it does require that each school district enker ae least two school improvement plans minimum for each of the three years. Requires the State Board tc file a report With the General Assembly after this is a1l done. Provides any staff development monies go down to the local districts to be able to be used and targeted by the school improvement council at the local level. After that money is usedbytheschoolimprcvementcounciland I I they haye all six doner that money will continue to go to them to ' be used for staff development. And provides that unless it is speeified in a collective bargaining agreenent, the district in-service committee shall tell approximately how much time will i be used ln developing the school improvement plan.

PRESIDING OFPICER: (SENATOR WEAVER) Is there discussion? If nctr the question isr shall Amendment No. 2 to House Bill 3457 be adopted. Thcse in favor will signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment's adopted. Are there further amendnents? I SECRETARY HARRY: l No further amendments reportedr Mr. President.

PRESIDING OFPICER: (SENATOR WEAVER) 3rd Reading. Senator Fawell, on 3551. Read the bill, Mr. ! Secretary.

House Bill 3551. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. 17  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 PRESIDING OFFICER: (SENATOR WEAVER) f Have there been any Flocr amendments approved for l consideration? SECRETARY HARRY; Amendment No. lr offered by Senator Fawell. '

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell, to explain your amendment.

Thank ycu, Mr. President. This amendment combines several different issues. It is House Bill 3201: which contains cleaned-up and substantlve language agreed to by the State Police, Mid-West Truckersr Tllinois Transportation Association, IDOT and the Assoclatton of General Contractors. The second provision is it allows the Toll Hlghway Authority to hire and fire its own attorneys. ehird: provides that in unincorporated territortes located within Cook County, the homeowners' association of a subdlvision with at least a hundred permanent dwellings nay erect direction or street slgns at intersections Within the subdivision. Fourth, the amendment also contains a provislon requested by the Automobile Services Assoeiation, and this provlsion clarifies that recordkeeping for essential parts applies to used essential parts, and the Secretary of State has no problem. And I ask for your... I

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator Fawell moves the adoption cf Amendment No. l to House B1ll 3551. A1l in favor, siqnlfy by saying Aye. Oppcsed, Nay. The Ayes have it. Qhe amendment's adopted. Any further amendments?

Amendment No. 2, offered by Senator Watson.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson, to explain your amendment.

18  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day May l9r 1994 Thank you, Mr. President. This adds language that would continue the quick-take provisions for the Southwestern Illinois Development Authority. We 've had to extend this. Tt -- it sunsets every two years, and we're extending it for another twc years. We've done this on -- I believe this is the third occasion, and I believe -- it's similar language as What they have in the Quad Cities Development Authority. I would move for its adoption. :

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

Will the sponsor yield for a question?

PRCSIDING OFFICER: (SENATOR WEAVER) He indicates he will.

Senator, generally quick-take is intended because you don 't have time to go through the Whole eminent domain process. If We needed qulck-take whenever we passed this, Why didn't they do it then? And if they need to extend it now: why don't they go through the regular eminent domain process and give the property owners the rlghts Ehat eminent dcmain entltles them to? Tf -- if this is a long, drawn-out process, can you assure us this Won't be exkended again another time?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

Well, wedve extended lt -- this is the third time. And it was in the original bill. We put the provision in there to allow for sunset - a two-year sunset - and that's what we're asking again. The local Southwestern Illinois Development Authority has been involved in the riverfront development, and that's what thls is primarily about.

PRESIDING OFFICER: (SENATOR WEAVER) I 19  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd LegislaEive Day May l9: 1994 Is there further discussion? Senator Hawkinson.

But my point is, the reason that you ever need quick-take is because you don't have tlme to do khe normal eminent domain process, which is to go in and have a hearing as to value and so forth. If thisisn't--ifthisisn'taprocessthatis--that J is ready, why don't you just do eminent domain? I mean, Why extend quick-take again, when quick-take is supposed to be a -- E just what it says - 'quick-take't. And there should never be -- thereshouldneverbeaneedtoextendquick-take. 1

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

j Yesr thank you. This is -- just a request from the Southwestern Illinois Development Authority. I really can't answer your question, Carl, as to why they can 't go through the normal procedure. But I do know that it had a lot to do uith the development alcng the -- the Mississippi River. Maybe Senator Hall can respond to that. I'm not sure. But it's the . Jefferson-Memorial Expansion that was being developed along the Mississippl River in the metro east area.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, the question is the adoption of Amendment No. -- Floar Amendment No. 2 to House Bill 3551. Al1 in favor, signify by saying Aye. Opposedy Nay. The amendment's adopted. Are there further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Dudycz, on 3887 <sic> (3587)? Read the bill, Mr. Secretary.

20  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 House Bill 3587. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government Operations and Executive Appalntments adopted Amendments 1, 2 and

PRESIDING OFFICER: (SENATOR WEAVER) Have there been other amendments approved for consideration? SECRETARY HARRY; Amendment No . 6, offered by Senator Dudycz.

PRESIDING OPFICER: (SENATOR WEAVER) Senatcr Dudycz, tc explain your amendment.

Thank you, Mr. President. Senate Amendment No. 4 had amended the Illinois Uniform Peace Officers Act <sic> to requlre that a police officer be informed in writing of his or her rights in an investigation not less than five days before interrogation. Senate Floor Amendment No. 6 reduces it to three days' notice required for -- before interrogation is required, and -- and this has been negotiated between the FOP and the Municlpal League. And uould seek your afflrmative support.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is the adoption of Amendment No. 6 to House Bill 3587. A11 in favor, signify by saying Aye. Opposed, Nay. The Ayes have The amendment's adopted. Are there further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. It is the intent to go back to the top of 2nd Readings and give everyone a chance to move their bill if they sc choose. Senator Shawy do you wish to move? Out of the record. Senator Topinka, on House Bill 1129. Read the bill, Mr. 21  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 Secretary.

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

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka. Further amendments?

Amendment No. 4: offered by Senator Hawkinson.

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

Thank you, Mr. President. Amendment No. 4 does the following things: It increases the penalty on aggravated fleeing and eluding, when that results in bodily injury, by raising lt to a Class 4 felony. was an ISBA suggestion. allows fingerprints Eo be submitted to the Department of State Police on minors arrested on Class X, Class Class 2 or greater felonies. It adds the provisions of Senate Bill 1369, uhich allows Statefs attorneys to enforce the Cannabis and Controlled Substances Tax Act in regard for a portion of the proceeds collecked. The suggestion of a -- a provision out of Senator Maitland's area, it creates an aggravated reckless driving provision similar to aggravated DU1 to make it a Class 4 felony if the reckless drivlng results in great bodily harm. And finally, allows a court to consider whether an alleged offense was gang-related in setting the amount or conditions of bail. would ask for the adoption of Senate Amendment No. 4 to House Bill 1129.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question isy shall Amendment No. 4 to House Bill 1129 be adopted. All in favor, signify by 22  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 saying Aye. Opposedr Nay. The Ayes have it. The amendment is ' adopted. Any further amendments? SECRETARY HARRY: . Amendnent No. 5, offered by Senator Syverson. PRESIDING OFFICER: (SENATOR WEAVER) ' Senator Siebenr to explain Amendment No. 5. Senator Syverson. Excuse me. ! i

Yes. Thank you, Mr. President. Amendment No. 5 just changes the current County Code regarding work release and electronic monitorlng. Currently we're limited by 1aw to charging twelve dollars a day. This Would allow us to raise What we charge to what the current going rate ls for work release. I don't know Lf any opposition, and this should be pro-taxpayer and pro-ccunties.

PRESIDING OFFICER: (SENATOR WEAVER) Ts there diseussion? If not, the question is, shall Amendnênt No. 5 to House Bill 1129 be adopted. A11 in favor, signify by saylng Aye. Opposed, Nay. The Ayes have it, and the amendment's ' adopted. Are there further amendments?

Nc further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Watson, on 2107. Mr. Secretary.

House Bill 2107. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR WEAVER) Are there further amendments approved for consideraticn?

Amendment No. 2, offered by Senator Topinka. 23  ; STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19z 1994 PRESIDING OFFICER: (SENATOR WEAVER) I Senator Topinka, to explain your amendment.

Yes, Mr. President and Ladies and Gentlemen of the Senate: Amendment No. 2 would add language to.provide that no lease for real property entered into by the Chicago School Board to an individual elected to public office shall require or authorize the Board to expend public funds for the rehabilitatingr remodeling, repairing or performing improvements to such property. And this would apply to any leases entered into or modifledr renewed and extended after the bill's effective date. And that's What it does.

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

Yeah. Will the sponsor yield?

PRESIDING OFPICER: (SENATOR WEAVER) She indieates she willy Senator. z .

Would -- I don't quite understand this amendmenty and I just want to get some clarity in it. If I rent -- if the Board of Educatton rent me office space in the building and it's not in my lease that I should repair the building, you're saying that under this amendment, vould prohibit the Board from doing -- makin: any repairs on its property?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

That is correct. They could not rehabilitate your building. You would have to have that agreed to beforehand.

PRESIDING OFPTCER: (SENATOR WEAVER) Senator Shaw . 24  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994

Well, can any other citizen -- could I as a landlord do the same thing and just allow the buildlng to run down in the -- and keep the tenants in there if they didn't negotiate that with me? Would they be required to repair the building?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

I don't think I understand the question.

PRESIDING OEFICER: (SENATOR WEAVER) Senator Shaw, can you restate your question?

Excuse me. ;ou caught me getting a sandwich here. But What is the -- what Would be the norm if f, as the landlord - ycu rented a place from me - under this amendmentr could I Withdraw from repairing your buildlng and make you fix it?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Toplnka.

You 're talkin; about a private sector landlord? We are -- We are talking about a public entity, and I think that's the difference.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Shaw.

...the bill. To the amendment: I think the -- the Board of Education has a responsibility to repair i*s property the same as anyone else. If the rent has been negctiated and Ehe renter is paylng the Board of Education its rent that it asks for, and the building should be in rental conditionr I dcn 't think that the Board should be prohibited from making the necessary repairs on its own building because of the fact that I rented it. If -- if 25  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 - - if I'm paying -- if the Board rented me the building for fifty : thousand dollars a year, what we are saying here is that if the roof cave in, T would have to move out or repair the roof myself. Thatls what youbre saying in this amendment, and I think that is wrong. I think this is a bad amendment. I know the sponsor have ! good intentions, and want to save the taxpayers some money. But I think this -- you should look at this amendment again and -- and I take it out of the record and then work on it and come back to it.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senator Topinka, to close. i

In response to Senator Shaw's comment, this Would not affect the preexistent lease. That stays as -- as negotiated. Hokever, following the adoption of this amendment, and should this bill pass and be signed into law, then this amendment would take effect ! on any future leases. I don 't think it is -- it is the province of the Chicago Board of Education - and that is the only entity We're discussinî here - to be renting public buildings to public officeholders and pouring public moniesr which should going -- should be going into children and schools, Which are falling down over the heads of children in Chicago - to make sure that -- that public servants are gettlng taken care of first and foremost. And I think it brings up the whole question ofr should the Chicago Board of Education be in the real estate business, in general. I think this is a start. I would ask for a positlve roll call.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka moves the adoption of Amendment No. 2 to House Bill 2107. Those in favor w111 signify by saying Aye. Opposed: Nay. Roll call has been requested. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wlsh? Take the record . On that 26  STATE OF ILLINOTS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 question, the Ayes are 38, the Nays are l0, 2 voting Present. Floor Amendment No. to House Bill 2107 is adopted. Are there further amendments, Mr. Secretary?

Amendment No. offered by Senator Watson.

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

Yes, thank you. This clears up some problems that Were in Amendment No. and it involves the local school councils thelr nembers, ln Amendment No . 1, where it had mandated trainlng. This takes the mandated training out and strongly encourages those people who serve as local school councils in the Chlcago school -- schools to -- to go through the trainlng. ask for lts adoption.

PRESIDING OFFTCER: (SENATOR WEAVER) Is there dlscussion? If not, the question isg shall Amendment No. 3 to House Bill 2107 be adopted. Those in favor, signify by saylng Aye. Opposedr Nay. The Ayes have and the amendment is adopted. Are there further amendments?

No further amendments reported: Mr. President.

PRESIDING OFFICER: (SENATOR WZAVER) 3rd Reading.

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

There's a that's on 3rd Readlng. wonder could recall it at this Eime for 2nd Reading. No? It's on 3rd Readlng nOW .

PRESIDING OFFICER: (SENATOR DUDYCZ) We're not on 3rd Reading at the moment, Senator. Senator Molaro, for what purpose do you rise? 27 i q STATE 0F ILLzxozs ! 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 SENATOR MOLARO: Thank you, Mr. President. To make a request and a moticn that we move to page 12 and consider Motions to Dlscharge Committee. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator, the motion is out -- out of order. We are on the Order of 2nd Reading, House Bills. With leave of the Body, we will return to House Bills 2nd Reading. House Bill 3244. Senator DeAngelis. Mr. Secretary, read the bill. SECRETARY HARRY: Mr. Presldent, House Bill 3244 Was read a second time today. Amendment No. 2 was adopted. PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration? SECRETARY HARRY: Anendment No. 5, offered by Senator DeAngelis. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Amendment No. 5 was considerably debated in the Education Committee. It is the Education for Homeless Children Act, Which puts us in compliance with the McKinley Ksicl Act. There was a 1ot of dlscussion. There Was scme dissatisfaction with some provisions. I have submitted an additional Amendment No. 6, which will be heard tomorrow morning: but I'd like to get No. 5 on, and No. 6 takes care of some of the objecttons some of the pecple had. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator DeAngelis mcves the adopticn of Amendment Nc. 5 to House Bill 3244. Those in favor, say Aye. Opposed: Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments? 28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994

No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR DUDXCZ) I 3rd Reading. It is the intent of the Chair to noW proceed to .. ! the Order of House Bills 3rd Reading. Please turn your Calendars to page 3. And the Chair would like to remind the Members that tomorrow is the deadline for House Bills 3rd Readingr and all Members are encouraged to eall their bills today. We W111 now go to the Order of House Bills 3rd Reading, on the bottom of page 6. Senator Hendon, for what purpose do you rlse?

Thank you, Mr. President. I attempted to get your attention. I -- I pressed my button before you Went to 3rd Readingy to rise to ask that we go to page 12 for Motions to Discharge. Ycu ruled Senator Molaro out of order because you were on 2nd Reading, so We ! have to do this in a lull. And you just reminded us that We -- We only have until tomorrow, and we have no chance at a11 if we can't l get our -- our bills heard.

PRESIDING OFFICER: (SENATOR DUDYCZ) Your point is well-taken, Senator. On the bottom of page 3, House Bills 3rd Readingy House Bill 6. Senator Maitland. House ! I Bill No. 8. Senator Maitland. House Bill No . 9. Senator I Maitland. House Bill No. 44. Senator Mahar. Senator Mahar, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Mahar seeks leave of the Body to return House Bill 44 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objecticn, leave ls granted. On the Order of 2nd Readin: is House Bill 44. Mr Secretaryr are there any Floor amendments approved for ccnsideration?

Amendment No. 4, offered by Senators Mahar and Jacobs.

PRESIDING OFFICER: (SENATOR DUDYCZ) 29  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 Senator Mahar.

Thank you, Mr. President and Members. This is a clarifying amendment to a clean-up bill. I move its adoption.

PRESIDING OFPICER: (SENATOR DUDYCZ) Any discussion? If not, Senator Mahar moves to adopt Floor Amendment No. to House Bill 44. Those in favor, say Aye. Opposed, Nay . The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFPICER: (SENATOR DUDYCZ) 3rd Reading. On the top of page 4 are House Bills on the Order of 3rd Readlng. House Bill 6l. Senator Madigan. Mr. Secretary, read the bill.

House Bill 6l. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Madigan.

Thank you, Mr. President, Members of the Senate. House Bill 3625 -- or House Bill 61, as amended, is the Governor's bill concerning the General Professions Dedicated Fund managed by the DepartmenE of Professional Regulation. It consolidates a nunber of the professtonal dedicated funds into the General Professional Dedicated Fund, which we created last year. It amends several of the professional licensing -- license. I Would be glad to answer any question, otherwise would move for its adoption, or passage.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any -- any discussion? If notr Senator Madigan...tmachine 30  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9r 1994 cutoffl... The question is, shall House Bill 61 pass. Those in favor Will vote Aye. Opposed Will vote Nay. And the voting is open. Have a1l voted who Wish? Have al1 voted Who Wish? Have a1l voted who wish? Take the record. 0n that questlon, there are 59 Ayesz no Nays, none votlng Present. And House Bill 6l, having received the required constitutional majority, is declared passed. House Bill 99. Senaeor Berman, do you wish this bill returned to the -- reading -- to 2nd Reading for purposes of an amendment? Senator Berman seeks leave of the Body to return House Bill 99 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 99. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No . offered by Senator Berman.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Berman.

Thank you, Mr. President. Amendment No. was requested by the Department of Transportation. It gives them the authority to -- to provide for rules and regulations to implement the body of the Act, which is the antiboycott leglslatlon. I move the adoption of Amendment No. 3.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If notr Senator Berman moves the adoption of Floor Amendment No. 3 to Rouse Bill 99. A11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ)  I 1 STATE OF ILLINOIS ! 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 3rd Reading. House Bill 232. Senator O'Malley. Mr. Secretary, read the bill.

House Bill 232. . (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President and Members of the Senate. House Bill 232 contains two specific provisions that were added by amendment. The first one will allow any municlpality to construct, own, manage, acquire, lease, purchase or rehabilitate property for senior citizen housing. Any new borrowing authorized by this language will require a front-door referendum. I want to make sure that everybody understands this is not nandatory; it is merely permissive legislation. The second amendment added language to the Section of the Municipal Code which pernits municlpalities to demolish dangerous and unsafe buildings. This language requires the municipality to notify the mortgage lender and al1 lienholders prior to takin: any action regarding demolition. Additionally, the municipallty shall publlsh the tax index number of the property, as well as the address of the building. Thls language is requested by the Illinois Mortgage Bankers Associaticn in an attempt to allow lenders the opportunity to take corrective action against the property and relieve the municipality of doing so . Be pleased to answer any questlons there may be.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall House Bill 232 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who wish? Have a1l 32  I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 voted who wish? Have a11 voted Who wish? Take the record. On I that question, there are 58 Ayes, no Naysr ncne vcting Present. And House Bill 232, having received the required constitutional majority: is declared passed. House Bills 3rd Readingr House Bill 298. Senator Mahar, do you kish this bill returned to the Order . -- to 2nd Reading for the purposes of an amendment? Senator Mahar seeks leave of the Body to return House Bill 298 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 298. Mr. Secretary, are there any Floor amendments that have been approved for consideration?

Amendment No . 2, offered by Senator Mahar.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar.

Thank your Mr. Presldent and Members. Recently -- excuse me. Recently the federal government has ruled that boilers and pressure vessels under federal regulations that are located in nuclear facilities are not exempt from State Statutes. So, what this does is allow the Department of Nuclear Safety to engage in the activlty of making sure that these are safez and it provides for implementation provisions. The federal government is going to be developing treatment plans which We will implement. It creates a fund to receive anticipated federal grant and also provides an audit correcEion. I know of no objection, and I Would move it: adoption.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, Senator Mahar has moved the adoption of -- I beg your pardon. Senator Welch.

Thank you, Mr. President. I eouldn't hear a Word he said. 33  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 Well, that and -- I just couldn't hear any -- could you repeat What this -- What this amendment does? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar. . SENATOR MAHAR: A11 right. Thank your Mr. President. Senator Welch, the -- the federal governnent recently has -- has stated that boilers and pressure vessels under federal regulations that are located in nuclear facilities are not exempt from State Statutes. So consequently, the Department cf Nuclear Safety will promulgate rules and implement the federal treatment plans. It also creates a fund sc that we can receive an anticipated federal grant of three hundred and fifty thousand dollars, and also provides for a correction that was recommended in a recent audit. I know of no opposition, and I would move its adoption. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not, Senator Mahar has moved the adoption of Floor Amendment No. 2 to House Bill 298. Those in favorr say Aye. Opposed: Nay. The Ayes have it, and the amendment is adopted. Any further Ploor amendments approved for consideration? SECRETARY HARRY: No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . House Bills on the Order of 3rd Readingr House Bill 343. Senator DeAngelis. Mr. Secretary, read *he bill. SECRETARY HARRY: House Bill 343. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. 34  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I I 122nd Legislative Day MaX l9r 1994 SENATOR DeANGELIS: Thank you, Mr. President. Amendment No. 2 clarifies What Was always been the intentlon and what thcught Was in the amendment. It, once again, in a clearer forn, indicates that this bill only pertains to Cook County. It does not extend any authority of any housing authority anywhere across the State. I move for its adoption.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Hendon. beg your pardonr Senator Hendon. Senator -- Senator DeAngelis, do you Wish that -- that House Bill 343 be returned to the Order of 2nd Readlng for the purposes of an amendment? SENATOR DeANGELIS: Absolutely.

PRESIDING OFFICER: (SENATOR DUDYCZ) Well, in that case, Senator DeAngelis seeks leave of the Body to return House Bill 343 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave ls granted. On the Order of 2nd Reading is House Bill Mr. Secretaryy are there any Flocr amendments approved for consideration?

Amendment No . offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngells, on Amendment No. 2. SENATOR DeANGELIS: Well, thank you, Mr. President. As I explained, this is a clariflcation of what was the leglslative intent in Amendment Na. 2 -- Amendment No. 1, which was adopted, and lt means simply that this bill doesr ln factr unequivocally apply to Cook County, and also that it does not expand any authortties for any housing authoritles across the State.

PRESIDING OFFICER: (SENATOR DUDYCZ) 35  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd LegisLative Day May l9, 1994 Is there any discussion? Senator Hendon.

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

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

Senator DeAngelis, will you explain to this Body why this limited to Cook County and exactly What it dces?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Senator Hendonr the bill always pertained to Cook County. There were some people who thought that perhaps it wasn't clear enough. This is a technical amendment that affirms that fact.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hendon.

Thank your Mr. President. The -- I'm simply asking you, because when this was brought up committee, I -- I believe it was statewide. Can you explain or -- or are you going to wait till 3rd Reading to explain What the bill itself does? Because some people may feel that it should not just be limited to Cook County they know what lt does.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: will explain the bill on 3rd Reading. The billr in fact, does say Cook County. A11 I did here is took care of a feW people that might be a little overly concerned, that are paid money by other units of government, who maybe thought it wasn't that clear.

PRESIDING OFFICER: (SENATOR DUDYCZ) 36  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 Senator Hendon.

Overconcerned abcut what?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngells. SENATOR DeANGELIS: They were concerned that the -- it wasn't clear enough whether it did that, and -- that's all.

PRESIDING OFFICER: (SENATOR DUDXCZ) The Senate will stand at ease for a -- a couple of minutes. Hold onto your thoughts, Senator Hendon. We will get back to you in a moment. Senator Hall, for What purpose do -- do you riser and please speak up.

Yes. Point of personal privilege.

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point, loudly.

Thatts -- that's a fire alarm . I've been around here a long time, and I think we should acknowledge that, and we ought to vacate the building temporarily.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hall, we are checking with the Secretary of State's Office. We have had a problem -- or the Pire alarm went off earlier. We're just checking to see if this is the real thing or not. Suty Senator, you are free to leave as you wish, if you so desire. Senator Hall.

Yeah. I just don't Want to lose any of us. I mean, that's the point. But with a fire purpose, and you know, you're taught ko do this, so we ought to set an example.

PRESIDING OFFICER: (SENATOR DUDYCZ) a7 ' l  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day May l9, 1994 The Senate will stand at ease for five minutes. I ; (SENATE STANDS AT EASE) (SENATE RECONVENES)

PRESIDING OPFICER: (SENATOR DUDYCZ) Now, where were we? On Amendment No . 2 on House Blll 343. Senator Hendon.

Thank you, Mr. Presldent. And I do want to say it was not my hot air that sent the alarm off. But there's a -- and this is very important. I'm trying to get a clarity here for a reason. And if the -- the distlnguished and brilliant Senator DeAngelis would give me a straight answer, then we can -- people will understand the clarityy because we need to know what wedre voting for. Peopke need to knog why this amendnent should not apply to the entire State and just to Cook Ccunty, and I'm simply askin: the distinguished Senator, and 1111 ask him again: Why is khat?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hendon, please -- please conflne your remarks to the - - to the amendment. We're trying to go through the Calendar as much -- as fast as we can so that we can let you go home as soon as we can tomorrcw.

I -- I appreciate that, and I have a function tonight. I'd like to be there on time.

PRESIDING OFFICER: (SENATOR DUDYCZ) So would 1.

38  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 But I'd like to know -- this is very important; this is very important. And people don't know how important this is: and that's why I have to know. Why is this amendment just for Cook Couney and -- and -- and vhat does the bill do? And then people will understand why whether they should vote for or against the amendment. But if people don't know, then how can they vote?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: In the Words of George Bushr ''Read my lips.'' For the third time, the bill itself limits it to Cook County; however, there were people who were concerned that there was some ambiguity in thaty and that it might preclpitate some legal action. This is a technical amendment that just simply clarifies both ehe legislative intent and what, in fact, is in the bill right now.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hendon.

To the amendment: This amendment limits this to Cook County simply because there 's certain people who do not want other people living in their communities. It's as simple as that. And we should vote No on the anendment, and then vote No on the bill, because certain people that -- the -- the difference here is that certain people -- they want tc limit it to Cook County, to just punish the Chicago Houslng Authority and limits its scopey uhlle allowing other housing authorities in other -- outside of Cook County to do what -- What they want to do. And urge a No vote on the amendmen*g and then 1'11 deal with *he bill at -- at the proper time.

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

39  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 Thank you, Mr. President. I just want to remind my esteemed colleague on the other side of the aisle, when he referred to George Bush ''Read my lips''. Wellr the people of -- of this country read hts lips, and they voted him down. That's what should happen to this amendment.

PRESIDING OPFICER: (SENATOR DUDYCZ) If there is no other discussicn, Senator DeAngelis, to close. SENATOR DeANGELIS: Well, it's obvious that there's an attempt here to -- to misrepresent the amendment. don't want to deal with the substance of the bill. can tell you that Senator Hendon is as wrong about the bill as he is wrong abcut the amendment. So -- would urge that we adopt this amendment.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis moves the adoptian of Floor Amendment No. 2 to House Bill Those in favor -- roll call has been requested . That request is in order. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l voted who wish? Have a11 voted who wish? Have all voted Who wish? Take the record. On that question, there are Ayesr 26 Nays, 1 voting Present. And the amendment is adopted. Senator Hendon has requested verification of the affirmative vctes . The request has been withdrawn. Are there any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. We will pause for a moment to *he Order of Commlttee Reports.

Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measure has been assigned to committee: Referred to the Commlttee on Education Senate 40  XTATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislaklve Day May 19, 1994 Amendment 2 to House Bill 2642.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senate Bills -- or, excuse me, House Bills on the Order of 3rd Reading. Hcuse Bill 457. Senator Fawell. Senator Fawell. Out of the record. Senate -- House Bill 504. Senator Watson. Mr. i Secretary, read the bill.

i House Bill 504. ' (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) i Senator Watson.

Yes. Thank you. Let's nake it perfectly clear, it does not have anythin: to do with the Open Meetings Act now. We took that language out. We put in an anendment in there for the State Board ! of Education khat would provide that if a district is certified as b I eing in financial difficulty and fails to comply With the ' financial plan, which the financial plan being that established by its own board, then the State Board may rescind approval of that plan, and appoint a financial oversiqht panel for the district.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any diseussion? If not, the question is, shall House l Bi11 504 pass. Those in favor Will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who Wish? Have al1 voted who wish? Have a11 voted Who wish? Take the record. 0n that question, there are 55 Ayes, no Nays, l voting Present. And House Bill 504, having recelved the requlred constitutional ' majority, is declared passed. With leave of the Body, we will return to the -- to House Bill 381. Senator Croniny do you wish ! i this bill returned to the 2nd Reading for the purposes of an amendment? Senator Cronin seeks leave of the Body to return House 1 41  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 ! Bill 381 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 381. Mr. Secretary, have there been ! any Floor amendments approved for consideration? SECRETARY HARRY: ' I Amendment No. 4, offered by Senator Cronin. PRESTDING OFFTCER) (SENATOR DUDYCZ) Senator Cronin.

Okay. Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment 4 was the content of House Bi11 3174, which was the Attorney General's bill, and lt also includes portlons of i the Governor's WIC fraud bill. This amendment makes it a crime to use, acquire, possess or transfer WIC instruments - WIC ! instruments are Womenr Infanks and Children food aid - in any nanner not aukhorized by 1aw or rules of the Department of Public Hea1th. The penalties are laid out in the bl11, and second i violations move a1l the penalties up one level higher. I ask for affirmative vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator Cronin has moved the i adoption of Floor Amendment No. 4 to House Bill 381. Those in favor, say Aye. Opposed, Nay. And the Ayes have it, and the amendment is adopEed . Any further Floor amendments approved fcr consideration? I I

Amendment No. 5. offered by Senator Cronin.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin.

Thank you -- thank you, Mr. President. Amendment No. 5 includes five specific provisions, three of which have already I 42  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 passed out of the Senate on unanimous roll calls. Real quickly, those provisions are: number ane, the sum of senate Bill 1698 I I . that increased the penalty for certain FOID violations, raises the penalty for comnission of armed violence with a handgunr semiautomatic or machine gun to a minimum of fifteen years; I secondly, it adds the content of Senate Bill 1719 that passed the Senate unanimouslyr to extend the Firearm Transfer Inquiry Progran to September 1st, 1996: thirdly, it adds the content of Senate Bill 1707 that passed the Senate unanimously, to increase the i penalty on lawful use of Weapons violations. There 's tWo additional provisions in this amendment: number foury requiring : that a person applying for a FOID card in order -- require that a person applying for a FOID card in order to possess a firearm be a ! U.S. citizen; and finally, it requires communlty service as a ccndltion of continuance under supervision or probation in juvenile court on a minor dellnquent on a gang-related or gun offense. I ask for a favorable -- okay. I'm going to clarify one point here. The next amendmenEz after we adopt this oner the next amendment will clarify that pointr regarding a U.S. citizen -- a ncn-U.S. cltizen and thelr eligibility to possess a firearm. I

PRESIDING OFFICER: (SENATOR DDDYCZ) Is there any discussion? If not, Senator Cronin moves the j adoption of Floor Amendment No . 5 to House Bill 381. Those in favorr say Aye. Opposed, Nay. And the Ayes have lt, and the amendment is adopted. Any further Ploor amendments approved for consideration?

Amendment No. 7, offered by Senator Cronin. PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Cronin.

Thank you, Mr. President. This amendment clarifies that -- 43  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9z 1994 1 . that previous statement. It prohibits illegal aliens from receiving a firearm owner's ID card, which precludes the lawful possession of firearns. I ask for its adoption.

PRESIDING OFPICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator Cronin moves the adoption of Ploor Amendnent No. 7 to House Bill 381. Those in favor, say Aye. Opposed, Nay. The Ayes have itz and the amendment is adopted. Any further Floor amendments approved for consideration?

No further anendments reported, Mr. President.

PRESIDING OFPICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 539. Senator Philtp, do you Wish this bill returned to 2nd Readin: for the purposes of an amendment? Senator Philip seeks leave of the Body to return House Bill 539 ta the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 539. Mr. Secretary, have there been any Floor amendments approved for consideration?

Amendment No . 3, offered by Senator Philip.

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Philip.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. It's a short amendment. It only amends the title. Hopefully thts will be the vehicle for the Medicaid agreementr if we ever come to an agreement. So, 1111 be happy to answer any questions, and move the adoption of Amendment No. 3 to House Bill 539.

PRESIDING OFPICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator Philip moves the I 44  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 adoptton of Floor Amendment No. 3 to House Bill 539. Thcse in : i favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Flccr amendments approved for consideratlon? SECRETARY HARRY: ' No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Readlng. House Bills on the Order of 3rd Reading. House Bill 696. Senator Petka . Mr. Secretaryr read the bill. I

House Bill 696. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Petka. Out of the record. END OF TAPE TAPE 2

PRESIDING OFFICER: (SENATOR DUDYCZ) Senate <sicl Bl11 742. Senator Shadid, do you Wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Shadid seeks leave of the Body to return House Bill 742 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 742. Mr. Secretary, have there been any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator Palmer. 45  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Palmer.

Thank youy Mr. President. This amendment to House Bill 742 I anticipates that there will be granted to Iilinois several empowerment zones by the federal government - approximately seven ! downstate and one ln Chicago. And it ls intended to be consistent with one of the goals of the empowerment zoner vis-a-vis welfare reform, and that is to encourage self-sufficiency. It does that by glving the Department - Illinois Department of Public Aid - the . I responsibility for operating demonstration projects concerning the I ; ! amount of resources a person may possess while retainin: ellgibility for benefits, in three ways: A demonstration that ratses the maximum of countable resources that a recipient may 1 I E retain; seeondly, a demonstration that exempts from the calculation of countable resources the market value of one automoblle, to the same extent as authorized under the federal Food Stamps Program - ln other words, brings it in line with that; E and thirdly, a demcnstration that allows recipients to establish a plan to aehieve self-support - in other Wordsr a plan of I structured savings. It was agreed in the committee thae this amendment would go to a conference committee, where it would be -- the language would be added that this will only go into effect ! when and if Illinois does receive empowerment zones. I Would ask for its passage.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator Palmer moves the adoption of Floor Amendment No. 2 to House Bill 742. A11 those in favor, say Aye. Opposed, Nay. The Ayes have ik, and ehe amendment is adopted . Any further Floor amendments approved for consideration?

46  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 I No further amendments reported, Mr. President. PRESIDTNG OFFICER: (SENATOR DUDYCZ) ' 3rd Reading. House Bil1 767. Senator Barkhausen. House Bill 902. Senator Cullerton. Mr. Secretary, read the bill. Recall. Senator Cullerton, do you Wish this bill.returned to the 2nd Reading for the purposes of an amendment? Senator Cullerton seeks leave of the Body to return House Bill 902 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted . On the Order of 2nd Reading is House Bi11 902. Mr. Secretary, have there been any Floor amendments approved for consideratlon?

Amendment No . 1: offered by Senator Cullerton.

PRESIDTNG OFFICER: (SENATOR DUDYCZ) Senator Cullerton.

Yes. Thank you, Mr. President, Menbers of the Senate. This bill is supported by the Illinois Manufactured Housing Association: Which would replace the original legislation and provide that a mobile home park owner shall pay interest on a tenant's security deposit at a rate that fluctuates according to the current rate of passbook savings accounts. This language is almost identical to a current 1aw which affects apartment landlords and tenants. Be happy to answer any questionsr and ask for its adoption.

PRESIDING OFPICER: (SEHATOR DUDYCZ) Is there any discussion? If not, Senator Cullerton moves the adoption of Floor Amendment No. l to House Bl11 902. Those in favor, say Aye. Opposed, Nay. And the Ayes have it, and the amendment is adcpted. Any further Floor amendments approved for consideration?

47  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19: 1994 No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDXCZ) 3rd Reading. On the top of page 5 of your regular Calendar are House Bills, Order of 3rd Reading. House Bill 1124. Senator Woodyard. Hcuse Bill 1352. Senator Karpi.el. Senator Karpielr do you wish this bill returned to the 2nd Reading for the purposes of an amendment? Senator Karpiel seeks leave of the Body to return House Bi1l 1352 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectlon, leave is granted. On the Order 1 of 2nd Reading is House Bill 1352. Mr. Secretary, have there been any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator Karpiel. PRESIDING OFFICER) (SENATOR DUDYCZ) Senator Karpiel. i

Thank youy Mr. President. Amendment No. 2 to House Bill 1352 permits utilities to engage in property sales up to three hundred thousand withcut ICC approval. The propcsal also applies to rental, lease or easement agreements involving thirty thousand dollars or less.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator Karpiel moves that the Senate adopt Floor Amendment No. 2 to House Bill 1352. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendnent is adopted. Any further Floor amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1391. Senator Demuzio. House Bill 1513. Senator Hawkinson. Senator Hawkinson, do you wlsh this 48  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day Xay l9g 1994 ! bill returned to the 2nd Reading for the purpose of an amendment? Senator Hawkinson seeks leave of the Body to return Hcuse Bill I 1513 to the Order of 2nd Reading for the purpose of an anendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1513. Mr. Secretary, have there been any Floor amendments approved for ccnsideration?

Amendment No. 2, offered by Senator Hawkinson.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson.

Thank you, Mr. President. Senate Amendment No. 2 to House Bill 1513 changes all references Withln the Vehicle Code from handicapped persons to persons with disabilities. It amends the deflnition of pedestrian in motorized wheelchair and changes all I I references from hearing impaired to persons who are deaf or hard 1 of hearing. This billr according to the Secretary of State's Office, reflects the federal highway administration's published final rules regarding a uniform national system for parking for ! persons with dlsabilities, and I would ask for the adoption of Senate Amendment No. 2 to House Bill 1513. ;

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator Hawkinson moves the adoption of Floor Amendment No. 2 to House Bi11 1513. Those in favor, say Aye. Opposedy Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

Amendment No. 3, offered by Senator Hawkinson. PRESIDING OFFICER: (SENATOR DUDYCZ) ; Senator Hawkinson.

49  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19: 1994 Thank you, Mr. President. Senate Amendment 3 contains the I substance of two bills that have passed the Senate. The first is i the provisions of Senate Bill 1730, which passed the Senate 58 to nothing and contained the Secretary's zero-tolerance proposal. The second provision contains Senate Bill 1733, Which Was the -- the compromise bill on fingerprinting and background checks for new school bus drivers, uhich passed the Senate 57 to nothing. I would ask for the adoption of Senate Amendment No. 3 to House Bill 1513.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, Senator Hawkinson moves the adoption of Floor Amendment No. 3 to House Bill 1513. Those in favory say Aye. Opposedr Nay. The Ayes have it, and the amendment is i adopted. Any further Floor amendments approved for eonsideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senator Maitlandr do you -- do you wish that Senate Bill -- or, House Bill 1569 be returned to the 2nd Reading for the purpose of an amendment? Senator Maltland seeks leave of the Body to return House Bill 1569 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 1569. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator Demuzio.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio . Senator Maitland. Senator Demuzio.

Thank you very much. This ls an amendment that was adopted in committee this morning. What this does, it says that in -- in I 50  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 snall communities that have fifty thousand or less inhabttants, I that you can also be an alderman of the city, as Well as a member of the county board. And the reason for this amendment is that We I were having some difficulty, in smaller municipalities, getting ! indlviduals to serve, and therefore, this kould afford the -- the alderman of a city or a member cf a county board to hold offices simultaneously.

PRESIDING OFFICER: (SENATOR DUDXCZ) Any discussion? Senatcr Stern.

Jus: a minute. I just broke my -- I just broke my microphone. This is not an indication of how anxious and upset I am abcut this. No. I am not anxious and upset about this, but I think ! somebody should point out that there is a basic bullt-in conflict ! . of interest if you are a member of both the county board and the city council or village board. I think that there are times When 1 the lnterests of those two bodies come into conflict, and T just think we ought to point that out. And noW I need a microphone fixer. j

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Demuzio moves the ! adoption of Floor Amendment No. 2 to House Bill 1569. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration? I SECRETARY HARRZ: : No further amendments reportedy Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senator Karpielr do you Wish Senate -- House Bill 1594 be returned to the 2nd Reading for the purposes of an i amendment? Senator Karpiel seeks leave of the Body to return House Bill 1594 to the Order of 2nd Reading for the purpose of an 51  STATE OF ILLINOIS 1 . 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1594. Mr. Secretary, have Khere been any Floor amendments approved for consideration?

Amendment No. 1, offered by Senator Karpiel. I

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel. I SENATOR KARPIEL: j Mr. President, I'd like to table Amendmenb No. 1.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel moves that Floor Amendment No. 1 be tabled. I A11 thcse in favor, say Aye. Opposed, Nay . The Ayes have it, and Ploor Amendment No. l to Rouse Bill 1594 is tabled. Any further ! Ploor amendments approved for consideration? I SECRETARY HARRYI Amendment No. 2, offered by Senator Karpiel.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel.

Thank you, Mr. President. Amendment No. 2 actually beeomes ' the bill. And the differenee between the amendment and the ! ' Amendment 1 is that this ts dealing with Conservation 2000: and in the anendment We put in language that makes sure that the land I acquisition portion of the bill makes it voluntaryy makes it have a willing seller, and absolutely does not involve the use of eminent domain. Tt also changes a fe* things Ehat Were brought to our attention by the soil and water conservation districts, and they now are in support cf the bill. And basically that's what the amendment does.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator Karpiel moves the adoption of Floor Amendment No. 2 to House Bill 1594. A1l those 52  STATE OF ILLINOIS 1 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Flcor amendments apprcved for consideration?

: No further anendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1635. Senator Butler, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Butler seeks leave of the Body to return House Bill 1635 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Readlng is House Bill 1635. Mr. Secretary, have there been any Floor amendments approved for consideration?

Amendment No . 1, offered by Senator Butler.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

I'm sorry. I thlnk it's Floor Amendment No. 2. Did we not do 1? Oh, I'R sorry. I'm sorry. Yes. Amendment No. 1 responds to a very sharp eye by Senator Cullerton, who spotted a number Wrong in the original bill. Instead of seven watershed plans, it should have said six.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator Butler moves the adoption of Floor Amendnent No. l to House Bill 1635. Al1 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

Amendment No . 2, offered by Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR DUDYCZ) 53  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day 8a# 1994 Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, Amendment No. requires the North Shore Sanitary District to that any -- to -- that it -- when it has any ordinance or rule which imposes penalties, assesses charges, or makes appropriations, that they shall first require public notification and public hearing before such ordinance or rule can take effect. And that's the only way to be fatr, and I move for its adoption.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, Senator Geo-Karis moves the adoption of Floor Amendment No. 2 to House Bill 1635. Al1 those in favor, say Aye. Opposedy Nay. And the Ayes have and the amendment is adopted. Any further Floor anendments approved for consideration?

Amendment No. offered by Senator Butler.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.

Thank you, Mr. President. Amendment No. 3 gives quick-take authority for a period of twenty-four months on a single parcel of property in connectlon with Palwaukee Airport expansion plans. The property owner had initially agreed to sell his property to the airport for drainage purposes, bu* then backed out. Unfortunately, that -- the -- the property required to create a - - a change in the diversionary channel that -- that now too close to two existing runways, and it violates the FAA safety standards. It also affects a a major IDOT improvement to Milwaukee Avenue. Without this, there the entire planning of that project would have to be changed. So I would urge approval of this amendment. 54  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY i RCGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 PRESIDING OFFICER: (SENATOR DUDYCZ) I Is there any discussion? If not, Senator Butler maves the adoption of Floor Amendment No. 3 to House Bill 1635. A11 those in favor, say Aye. Opposed, Nay. The Ayes have itr and the amendment is edopted. Any further Flcor anendments approved for consideration?

No further amendments reported, Mr. President. :

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. House Bill 1705. Senator Rauschenberger, do you wish this bill returned to 2nd Reading for the purpose of an amendment? Senator Rauschenberger seeks leave of the Body to return House Bill 1705 to the Order of 2nd Reading for the purpose è of an anendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1705. Mr. Secretaryr have q there been any Floor amendments approved for consideration?

Amendment No . 9, offered by Senator Rauschenberger. !

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger. 1

Amendment No. 9 to House Bill 1705 corrects a repealer error ! that we had in drafting khe language for the Blue Ribbon ' Procurement bill. It restores the full language of the State Printing Ccntracts -- Act back into the Statute booksr and ties it 1 I to the -- to the sunset language we have for -- to Work on the leasin: Sections and in this Section in May 1st, 1996. I'd request its imnediate adoption.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discusslon? If not, Senator Rausehenberger moves the adoption of Floor Amendment No. 9 to House Bill 1705. A11 those in favor, say Aye. Oppcsed, Nay. And the Ayes have it, and 55  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19# 1994 the amendment is adopted. Any further Floor amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Hcuse Bills on the Order af 3rd Reading, House Bill 1705. Senator Rauschenberger.

I'd like to seek leave of the Body to ...

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator -- Mr. Secretary, read the bill.

House Bill 1705. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

This is the Blue Ribbon Task Force bill that We discussed at some length the other day in the Executive Committee -- the Executive Subcommittee on Procurenent, and on the Floor. It is comprised now of a total of nine amendments. The first amendment empties the bill; the second amendment contalns the general provisions; the third amendment contains the policy organization; the fourth amendment's a procurement bulletin; the fifth amendment is source selection and competitive formation; the sixth is ethics; seventh is preferences; Amendment No. 8 deals with a enactlng clause in case any of the other amendments fail; and Amendment No. 9 is the technical correction Wedve just adopted. We've kind of talked this btll to death. If anybody has any questionsr 1'11 do my very best to answer them . I'd like to urge a favorable vote. 56  STATE OF ILLINOIS i 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994

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

Thank your Mr. President. Some questions of the sponsor.

PRESTDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Palmer.

Senator Rauschenberger, I certainly apprcve of the intention of this bill. I'm just Wondering Why certain areas are left out. For example, the University of Illinols Foundation. I could go ony but I'm sure you know , as with parts of CMS and so forth and so on. I'd just like to know Why some and not all.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

Senator, I'd like you to know we struggled with that' and tried to figure out what ls proper and what is not proper to require to operate through our State system. The negotiations and discussions ended up with the -- Unlversity of Illinois Pcundation are private donation dollars that the University of Illinois gets. Although the Audit Commlssion and the Appropriation Committee of the Senate would like perhaps more oversight cn those, in the interest of moving this bill forward, since the -- the Body -- or the General Assembly itself has no right to oversee those funds, we didn 't feel like we could prevail if we tried to put those in the procurement bill, but I share your interest in themr but the decision was made not to include them. As far as other exclusions, Ehere are very few other exclusions at all. We did the very best we could ko keep a1l agencies of State government involved. The Illinois Tcll Highway Authority is included in this bill. The University of Illinois is included in this bill. Both the Board of Regents, the Board of Governors, included in this 57  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9r 1994 bill. A1l agencies of the Executive Branch are included in this i bill. We tried to keep lt as -- as tight as we could .

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

Thank you, Mr. President, Members of the Senate. I rise in ! support of this btllr because I learned long ago that half a loaf is better than none. We had a full loaf With the Blue Ribbon Committee recommendations after seven months of exhaustlve hearlngs and study, debate and dialogue between the publie and private sector. While I applaud Senator Rauschenberger for tryin: to embrace many of those recommendatlons - and he has in this bill - there are two key provisions that I think are unfortunate that have been left out. One provislon, embraced aggressively by the Amerlcan Bar Association model proeurenent code, is the ; independent, unsalaried policy board that was a part of the Blue Ribbon Conmittee recommendations, and now has been made into a toothless tiger uith the advisory board recommended in this bill. That's unfortunate. The second provision, which is troubling: and invites further scepticism toward elected officials, is that once ! again We 're making a 1aw that exempts ourselves. The General Assembly, the Judiciary are exempted from this bill, and I think that's unfortunate. But having said that, this bill does move Illinois light-years. We know that it kas only two sprlngs ago ! where the Governor dismantled the Purchasing Code and stripped it of What remaining competitive conponents Were a part of the Code. I'mglad,at long last,he has come onboard,and Ithink weought 1 to support this blll. I

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

Thank you, Mr. President. T've always been a firm believer 58  STATE 0F ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day May l9, 1994 that most things happen for the best, and two springs ago When some of my constituents, whose jobs were belng eliminated in the procurement department, came to me# many of us were upset about what was happening. But I think today wefre going to pass . something that indeed is muchr much stronger than we had before the last tWo years. I think the citizens of this State Will be very proud of us for instituting some signifieant changes, which bring light into the bidding process and make other substantive changes in purchasing. I also would like to eomment that two days agor the other side of the aisle was blasting bureaucrats and saying how wer as elected officials, should have more responsibilitiesy and I think our decision to -- to eliminate the - - the extra layer of bureaucrats in creating an oversight board was certainly a good one that goes along with the comments of the other side of the aisle of tWo days ago . So I salute Senator Rauschenberger and al1 those Who worked very hard to accomplish this compromise. And I'n sure that it is somethin: that in the years to come we will be applauded for doing. Thank you. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Geo-Karis. SENATOR GEO-KARIS: Mr. Presldent and Ladies and Gentlemen cf the Senate, I served on the subcommittee with Senatcr Rauschenberger and others. And first of all, I want tc commend Senator Rauschenberger for the many, many hours that he put on as ehairman of the committee to Work with the staffs and to check with every department and get a good bill. The blll, as i* stands now, is even better than the original bill on procurement of supplies, and I might tell you that even Common Cause - Mr. Waters - testlfied, and he says he supported this bill in its present forn. And I ask a favcrable vote on ity because it is a much better bill, and I think it'll do far mcre good, because it even tightened the ethics disclosure 59  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 more than ever before.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I enjoy the talk about this side of the aisle and that side of the aisle, and it's very -- very encouraging, but for those of us who spent a number of mcnths and weeks working with the Blue Ribbon Commission with the public sector in the bipartisan fashionr unanimously adopted a proposal that We couldn't even get out of committee. And it was a propcsal that Was a good one, and so I wouldn 't want to -- anyone to thlnk that somehow or other that this side of the aisle was doing anything other than supporting the concepts and the principles that Were established by the Blue Ribbon Commission. Let me applaud the sponsor here far taking this issue and attempting to eraft a compromise by which it could pass this General Assembly, and I certainly applaud his effort in dotng that. But I would like to think that there was a little bi* more bipartisanship involved with the bill than -- than I heard from some of the speakers here today. Againr I salute you far what you're doing. I think it's a gigantic step in the right direction. 1* will, in fact, afford us the opportunity to really put some good government teeth into things that we do around here, and it has been more than the last two years from which it has been needed. It has gone back two decades.

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

Yes. Mr. President and Ladies and Gentlemen of the Senate, having been a member of the Blue Ribbon Commtttee, I -- I will, indeed, miss the oversight board, beeause I -- I wculd have liked 60  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 to have seen it in the -- in the bill. But I know that comprcmlse is a necessity to governmenty and I am far and away happier, T ! suppose, to give up the oversight board in terms of getting the 1 ethical part of this bill beefed up, Which Senator Rauschenberger has done wlth -- with a great deal of time and effort and excellence. He really has -- has brought aboutr I thinky a very great bill. 1, toc y Would like to eliminate the idea of partisanshlp on the part of this bill, because a lot of people contributed to the basic ideas that came out of the Blue Ribbcn Committee that finally terminated in this -- in this effort. Senator Rauschenberger is probably the pinnacle of al1 of our Work on the top of the pyramid. I thlnk Mr. Waters from Common Cause has had a great influence on this bill. It -- it probably is one of the best bills that this Body has put together in a contributory fashion, and if we do nothing else this year but this bill, we have had a successful Session.

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

Well, thank you, Mr. President. I Would like to just stand here in support of the Executive Committee. When the Executive I Committee put this into a subcommittee, we got a 1ot of editorials about how the Executive Committee was killing this bill. We got a 1ot of -- I got letters about how could I dare do such a thing . And I'm just going to stand here in support of the Executive Committee. Once again, this is the second time after the Freedom of Information Aet was passed - I think last Week - We got a 1ct of hits on that also, for putting it in a subcommi*tee, and finally worked out a -- a bill that everybody agreed to. You know, we talk about the Blue Ribbon Committee, and they did do a lot of workr and they did a 1ot of good workr buk there is no task force around here that's sacrosanct, and we take their report and 61  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 just pass it into law without -- without looking at Without maybe making some changesr and that's What happened here. And it is not bipartisan I mean, it is not partisan, and it is nat -- you know, the Governor didn't come on board late. He had a bill of his own. Senator Severns didn't take the Blue Ribbon Committee as a whole either. She had a bill of her own. Those bills Were not taken, and what we did is take out the whole issue and looked at it. Take the report, looked at it. think Senator Rauschenberger and the subcommittee and Bob Waters and Penny Severns and everybody involved in this issue - Judy Topinka - did a fine joby but I also want to say: so did the Executive Committee. And maybe people should be a little bit less quick to assume that because we Want to take a little more time and put it in a subcommittee and look at itr that welre just simply going to kill it. I think the whole conmittee has done a heek of a job.

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

For the purposes of legislative intent, and to make sure everybody 's comfcrtable at the definitions of -- of State agencies, I'd like to make clear we did not intend the definiticn of State agencies to include units of local government, including community college districts. We wouldn't want our local educators concerned about whether we wanted to put them under ethics legislation, 'cause I'm sure theydre doing that job a11 by themselves. And now, in -- in lmitation of Senator Weaver, I'd like to urge a favorable roll call.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 1705 pass. Those favor will vote Aye. Opposed kill vote Nay, and the voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a1l voted 62  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 who wish? On that question, there are 59 Ayes, no Nays and none voting Present, and House Bill 1705, having recgived the required constitutional majority, is declared passed. House Bill 1786. Senator Molaro. Mr. Secretary, read the bill.

House Bill 1786. (Secretary reads tltle of b111) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro.

Thank you, Mr. President, Ladies and Gentlemen of the -- Senate. House Bill 1786, as amendedz ls somewhat simple. Basically what it isy is that if a person is charged with a criminal offense, such as battery or armed vtolence, and the victim has -- happens to be a household member# such as a son or daughter or wife or spouse or motherr whatever it isr that -- and defined as such under the Donestic Violence Order of Protection, what they do now is a judgey as condition of bail when somebody is bonded out or gets an I-Bond, as condition of bail is that they would stay away from the narital home for seventy-two hours and refrain from contact from seventy-two hours. That's the condition of their bond or their bail. Wellr what's been happening from time to time is that some of these defendants, while out on ball, lgnore this condition of their bond and will go to the marital home or will bother the victin on the job. Well nowr what has to happen, when you call the police and he has reasonable grounds to believe that this defendant is violating his bail requirements, you stlll have to qo to courk now and get a warrant. What this does is puts this in the class of a warrantless arrest, where if a pollce officer has reasonable grounds to believe that a defendant is in violation of his bail requirementsr he can go out and make I 63  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 an arrest. After the arrest and he's brought inr of course he 's before a judge as qulckly as possible. This dces -- thls makes it where it's -- where a victim does not have to Wait twenty-four hours or forty-eight hours or go in and make a complaint. This can be done quickly and you can protect the famlly member. So would ask for passage.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If noty the question isr shall Hcuse Bl11 1786 pass. Those in favor vote Aye. Opposed vote Nay. The voting is open. Have all voted Who wish? Have a11 voted who wish? Have al1 voted wha wish? Take the record. On that questionr there are 59 Ayes, no Naysr none voting Present, and House Bill 1786: having received the required constitutional majoriky, is declared passed. House Bill 1853. Senator Topinka, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Topinka seeks leave of the Body to return House Bill 1853 to the Order of 2nd Reading for the purpose of an amendment. Hearlng no objection, leave is granted. On the Order of 2nd Reading is House Bill 1853. Mr. Secretaryr have there been any Floor amendments approved for consideration?

Floor Amendment No . 2: offered by Senator Topinka.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator -- Senator Topinka.

Yes. Mr. President and Ladies and Gentlemen of the Senate, Amendmen: No. 2 creates the Elder Care Savinqs Bond Lawy and authorizes the State to issue up to three hundred million dollars in General Obligation Elder Care Savings Bonds. It's a program similar to that which we have for the State College Savings Bond Program , and is designed to help people save and invest for their health care and long-term care needs of their senior years. 64  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If noty Senator Tcpinka moves the adoption of Eloor Amendment No. 2 to House Bill 1853. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

Amendment No . 3, offered by Senator Topinka.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Topinka.

Yes. Amendment No. 3 adds a provision which amends the Health Care Surrogate Act and Would give explicit authority to court-appointed guardians to execute do-not-resuscitate orders. Currenk 1aw does not specifically set forth the authorlty for court-appointed guardians to act on the behalf of their wards. And...lmicrophone cutoffl...

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, Senator Topinka moves the adoption of Eloor Amendment No. 3 to House Bill 1853. A1l those in favor, say Aye. Opposed, Nay. ehe Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

No further amendments reportedr Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Readlng. House Bill 1882. Senator Weaver. House Bill 1883. Senator Weaver. House Bill 2010. Senator DeAngelis. Mr. Secretary, read the bill.

House Bill 2010. (Secretary reads kitle of bill) 3rd Reading of the bill. 65  STATE OF ILLINOIS 88TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 !

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS) Thank your Mr. President. Hcuse Bill 2010, as amended, continues the Office of Regional Superintendent of Cook County . till August 7th, 1995. Thls bill is as distasteful to me as it might be for those of you I'm going to ask to vote for 1t. But 1et me tell you why this bill is necessary. For those of you who are concerned about GED being done in Cook County, this is the only bill that will continue GED, with certainty, in Cook County. For those of you who are concerned about bus driver trainlng, this is the only bill that'll do it. For those cf you Who are concerned about whether there will be criminal background checks on bus driversr this is the only bill that will do it. This will also do the other things that are necessary With that office. And I wculd like to have my downstate brethren listen, because if this bill does not pass, you will pay. And We have already passed a supplemental, which is nothing more than a token down paynent on the cost of performing these services for Cook Countyr 'cause if this doesn 't goy the State Board has to pick it up; the continuity will be disrupted; the cost Will be greater than what it is now. So as distasteful as this might be, it is the only alternative right now to do what I just said. Be happy to answer any questlons.

PRESIDING OFFICER: (SENATOR DUDYCZ) Ts *here any discussion? Senator Berman.

Thank you, Mr. President. 1111 take the sponsor's language: as dtstasteful as this may be, and I just suggest that this is a very distasteful btll. The -- the questions that are raised by Senator DeAngelis are -- are legitimate. The trouble is that it has been the polittcal motivations of a number of us - and I use 66  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 the ''us'' in a very broad sense - that has brought us to thts dilemma. We abolished the Office of Regional Superintendent three l years ago when we passed a bill. That uas act number one. If that had been the end of the story, I think it Would have been ' very simple, but then came act number two, where the offlce was . reestablishedy but not for al1 of Cook County, only for the suburban area, so that Chicago was cut out. I am sure we 're not shocked by that fact. There are times when Chicago is treated somewhat differently Ehan the rest of the State by this Body. But the problem is that we have a time gap between a position that my constituentsr and most of your constituents in Cook County, strongly supported - namelyy abollsh this office. We gve abolished it for Chtcago. We've abolished it for Cook County, outside of Chlcago. Voting for this bill re-creates that office. I don't think that's what your voters wanted, and that's not what this Body wanted when we abolished that office. There are other alternatives. There are other alternatives. I think that the -- we have passed an appropriation bill - a supplemental appropriation bill - Eo require the State Board to supervise the GED testing for the balance of this fiscal year. And When we straighten out the budget for next fiscal year, I would expect that that money would be there for them to continue to -- to give the GED tests for al1 of Cook County. As far as the bus drivers, I think we've got the Secretary of State that stands ready to do that. The other duties can be assumed either by the County of Cock or other agencies.

PRESIDING OFFICER: (SENATOR DUDYCZ) I beg your pardon, Senator Berman.

I just think that this is contrary to what the voters of Cook County wantedr and it certainly - it certainly - does not give an adequate response to the needs of the people that are serviced by 67  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9r 1994 this office that, in fact, should be abolished . I urge a Nc vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any fureher discussicn? Senator del Valle. SENATOR dEL VALLE) Thank you, Mr. President. I also stand in opposition to this bill. Senator DeAngelis, you indieated that this is the only bill that would continue GED with certalnty. Well, ue just approved a supplemental appropriation of seventy-five thousand dollars for the State Board, so that the State Baard can proceed to make arrangements for GED testing in Cook County, and we've also -- orr We wlll be approving a State Board budget that has money in it for GED testing for next year. What ue're doing with thls bill is welre attempting to undo al1 that. And we're attempting to undo a11 that for a short period of tine. Becauser let me tell you, in this bill, youfre not taking care of Chicago; you're certainly taking care of the suburbs because your office, created khrough your legislation, will klck in at the end of a thirteen-mcnth period ln the suburbs, but at the end of that periody there Will be zero, nothing in Chicago, because your bill does not create the office permanently in the City of Chicago. And what we fll be doing next year is We're coming baek to the State Board once again to ask them to begin to do the same thing theyfve done so far. And so what are we dotng here? Why aren't we locking for a permanent solution here to this particular problem for the entire county, rather than just facilitating your transiticn in suburban Cook that works cu* beaukifully for you, bu* does nothing for Chicago, where most - where most - of the GED test-takers will be? Ncw, that's unfair. It's unfair. It's wrong, and I think you know it's wrong. That is not What We should be doing here . And we know that the county has indicated, Senator DeAngelis, that they are willing to take over GED testing totally totally, but we haven't given that amendment a chance. That amendment was 68  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 I voted down tn the Education Committee on a partisan roll call. So I . there were options available. Now we lre attempting to undo the option -- the only option that has been avallable to us for ensuring that there is no interruption in GED testing in Cook County and in the City of Chicago. And now we're trytng t.o undo that. That doesn't make any sense. Let's leave it alone for now. Let's let the State Board proceed. They're calling for a meeting. ( They sent out a letter to potential vendors for a meeting next week. By May 27th, theypre scheduled to select the vendor. It may be the City Colleges of Chicago; it may be another: but theydre already doing what we asked then to do . And noW We 're ' trylng to undo a11 that. That doesn't make sense. I ask for a No vote. '

PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? Senator Lapaille. SENATOR LaPAILLE: Thank you, Mr. President. On the bill: For those that don't know the entire history of the elimination of the Cook County regional superlntendent, this has gone on for probably eight years or more. And the leaders in this effort were basically suburban legislators - suburban Republican legislators. I remember Senator Topinka and Jack Kublk' over ln the House, for years said that this was a useless office. And for years the Denocrat-controlled House and Senate beat them back. And I was probably part of that in the role that I held in the House. And when President Phelan came 1nr he agreed with themr and we passed a bill to eliminate the office. And there was a phaseout, and the then Superintendent Martwick resigned ahead of timer and Mr. Lloyd Lehman was appointed. Mr. Lloyd Lehman kas a bureaucrat that was appointed, and suddenly he got in that office and he sat in those nice chairs in this office, and suddenly Lloyd Lehman has become our -- our pen pal. I have never seen a bureaucrat who has lobbied to keep 69  STATE OF TLLINOTS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9: 1994 his office and his position going afeer the State Legislature and the Governor has said, ''This is useless; this is fat; this is bureaucracy. This is everything that We a1l say we are against - big government spending.'' This gentleman comes down daily to ! Springfield, with an entourage of individualsr to keep .his offlce going. So this vote is golng to keep this big bureaucratic office and bureaucrat going for another year and a half or whatever: simply because the desk is nice, the office is nice, the staff is nice, after -- for years led on your side of the aisle by those two leglslators saying that we don't need the office. So if . i you dre for big government, and if youfre for bureaucracy and bureaucrats, you vote Yes; if not, you vote No. PRESIDING OFFICER: (SENATOR DUDYCZ) ! Any further discussion? Senator Welch.

! Yes, Mr. President. We just passed the new Proeurement Act, and we were criticized on this side of the aisle for our attempts to pass a much stronger billy but the entire criticism from the ! other slde of the aisle was that, ''Oh, we don't want to create that bi< bureaucracy . Those Democrats, they want the bureaucracy blgger.'' Well, hey, let's put up or shut up here. This bill creates a bureaucracy. If -- you know, let's be consistent. If you voted Yes on the procurement bill because you didn't want that ' bureaucracy, you should be voting against thls bureaucracy here. So I hope a11 those same people who gave those nice speeches a little while ago will be consistent and vote No.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator DeAngelis, to close. SENATOR DeANGELIS: Thank your Mr. President. I said this was -- distasteful, because it is distasteful. But there's -- when it eomes between the choice of starvation and having something distasteful, 70  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 something distasteful should rule. And you know, I'n really amazed at this rhetoric. First of all, to clear *he record, Senator Lapaille, we passed out of the Senate three tlnes. And when you were Chief of Staff in the House, you were very skillful in ensuring that that bill never hit the Floorr 'vcause if it had hit the Floor in the Houser it uould have gone through there like you know what. Butz you know, it's utterly amazlng that we talk about this bureaucracy that exists. Well, you know, folks, What the bureaucracy is? Self-imposed. Self-imposed. And 1et me tell you why. The law only required in Cook County only required that the County Board that self-righteous group that suddenly found a new religion - had taken a political issue that we had a1l been aware cf for years. Okay? It requires only, Senator Lapaille, a chair, a desky telephone and an office. This corrupt group that was up there - this bureaucracy - Was created because your Democratic County Boardr including the man who tried tc get rid of this - or he thought he was trying to do it - gave them the money to becone the patronage haven. In addition to that, 1et me just tell you how self-serving they are. They, in facty paid the superintendent more than what was required by State law. They contributed an additional increment to his salary. This corrupt, no-goodnik, who was doing a function that was unnecessary. Myy my, my. A11 of a sudden we talk about hypocrisy and self-righteousness. Cut out the bullcrap, guys. It's over ehere, when you what I've heard. Let me tell you somethlng else: This is the only bill that will ensure the continuation. And when we went ahead and abolished that office which, Senator Berman, had a bill that was stronger than yours; you chose no* to call the one that I amended of yours, and tock the Weaker one - but you know what you did? You got rid of an official. but you didn't change the office. Those functions have to be done. And also, to hear a downstater talk about this bureaucracy, hey, pal, 71 ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day May 19, 1994 you've got one of those in your area. Why don 't you abolish yours? Because it's the same function . Okay? So don 't get 1 ! self-rlghteous about that either, Nowr the other thing is this) People talk about other alternatives. Let me tell you: there's i only two bills that were entered this Session that tock care of ! the problem. One Was entered by Senator O'Malley, a Republican, I and another one's by Senator DeAngelis that took care of that I : problem. That good old county board - and I have to say my good 1 old Republican commissioners on that board have got as big a nouths as anybody else has on there - they didn't do jack-stank. ! In factr we had meetings and told them this thing was coming down - - and we told 'em, and it wasn't till Superintendent Broncato wrote a letter to the county board and says, ''Hey, pal, this deadline's coming up. What are you doin: about it?'' They did nothing. They did nothing. They did nothing. And -- and if you think I like having to do this, I've got news for you. This is r like Watch -- this is like watchin; ny mother-in-law gc over the car -- over ehe cliff in my nek Lincoln. Very mixed emotions, ' pals. But I got to tell you, we have fourteen thousand -- we have fourteen thousand kids that need to be tested. Are We going to get them tested? I don 't kncw, but I can tell you right nowy if ! this bill does not pass, GED testing is in jeopardy, and I Would like to submit that roll eall to everyone whose area becomes -- I who have people from their area who are concerned about this. And let me just say one thing in closing. I am tlred of hearlng this thlng about Chicago wasnlt included. I'n not going to point any fingers, but when I put in that bill to restore suburban Cook, I went to people from Chicago. You know what they told me? ''Hey, man, we don't Want to do that. That's too political.'' Now don't come in here crylng -- don't come in here crying, when you didn't want to play the game. Okay? Don't come in here and do that. You're like the person that killed their mother and father and 72  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 then throws himself on the mercy of the court 'cause they're an orphan. Cut it out. Okay? I move We pass this.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall House Bill 2010 pass. Those in favor will vcte Aye. Opposed will vote Nay. And the votlng is open. Have al1 voted who wish? Have a11 voted Who Wish? Have all voted who wish? Have a11 voted Who Wish? Have a11 voted Who wish? Take the record. On that questionr there are 25 Ayesy 33 Naysy 1 voting Present. House Bill 2010, having not received the required constitutional majority, is declared failed. Senator DeAngelis. SENATOR DeANGELIS: I -- I studiously do not want to have consideration postponedy 'eause I want this roll call to be shown eo everybody.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senate -- House Bill 2150. Senator Weaver, do you Wish this btll returned to the 2nd Reading for the purposes of an amendmenk? Senator Weaver seeks leave of the Body to return Hcuse Bill 2050 <sic> to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectionw leave is granted. On the Order cf 2nd Readin: is House Bill 2150. Mr. Secretaryr have there been any Floor amendments approved for consideration?

Amendment No . 2, offered by Senator Fhilip.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 2 to House Bill 2150 basically does this: provides equity for Chicago; allows Chicago to construct a riverboat entertainment conplex, subject eo State gaming laws and local city council -- with local city council approval; authorizes up to ten new licenses statewider includes Chicago: Cook County. 73  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 Each license will be for tWo bcats. Specifically mandates the ! Illinois Gaming Board to consider minority ownership, minority employment; allows competitive bidding on tax rate by qualified applicants; requires local referenda for a new boats excluding the City of Chicago; provides for financial incentives to the horse racing industry; and last, but not least, makes twenty-two ! separate business reforns that encourage long-term economical develop <sic>. Many of these reforms are fairly minor changes. But they'll have a big impact on the cost of doing business in Illinois. Had a fully thorough hearing tcday in Executive Committee. I'd be bappy to answer any questions. .

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

Thank your Mr. Fresident. A question of the sponsor on the amendment.

PRESIDING OFEICER: (SENATOR DUDYCZ) Sponsor lndicates he will yield. Senator Dunn.

Senator Philip , does this amendment, as drawn, preempe home rule?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip .

Nor it does not.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn.

Could you then explain to me that -- the language on page 17 cf the bill Ehat states, ''The Board may issue a license authorizing a riverbcat to dock in areas of a county outside any nunicipality only if, prior to the lssuance of the license...'', I 74  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day May 19, 1994 continuing on page 18 at the top, line ly the case of any license issued under this Aet, the governing body of the county has by a majority vote approved of the docklng of riverboats within such areas''? Now, if a county board says no to riverboats on the renewal of a license of an.already existing riverboat that sits within a home-rule comnunity, they in turn wauld need the county's approval, as T read that languager which would then supersede home rule.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.

This Section requlres a referendum in unincorporated areas. PRESIDING OFFICER) (SENATOR DUDVCZ) Senator Dunn.

Wlth all due respecty that's not What it says: though. It saysy in any case of any license issued under this Acty the governing body of the county has by a najority voted approval of the docking of riverboats within such area. That would be within the county.

PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? Senator Dunn, was that a questlcn? Senator Philip.

I think there -- tbe current law is there's two separate Sections. One's for the -- unincorporated area -- unincorporated area and khe other ones are for within city limits. They 're different.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn.

Well, to -- to the amendment: think ue have a difference of 75  STATE OF ILLINOIS 1 . 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 122nd Legislative Day May l9. 1994 opinion on the interpretationr because the language, I think, is -- is quite the opposite and clearly states that there must be county board approval anywhere in the county. It doesn't limit iE to lncorporated or unincorporated.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I wcn't belabor it. It's my understanding that the Senator has E enough votes on the amendment. So we are not going to belabor the point. Let me ask a couple questions though, if I may. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yteld. Senator Jacobs.

Number oner on the bidding of the taxes, the Wagering tax and the -- the b1d as it states on page 2, ''The Board shall award the ! license to the applicant whose applicatlon and bid, in the opinion of the Board, shall result in the greatest amcunt of revenue, in ! the form of wagering tax and ...additional payments in accordance I with the bid...'' What if - what if - you have the best application with the best economic development, and you have the I least amount of tax? Which is going to be the overwhelning -- the weight of the factor? Because as it states in the law, it's going 5 to be in the opinion of the Board .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator philip. 1 .

! It would be the overall revenuer and the Gaming Board would make that decision.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs. 76  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9r 1994

So what we're saying, contrary to the desire to get more *ax money, that very well may not be the issue. Question number two, whenever we are determlning which llcenses shall be awarded for a ten-year period now, rather than a three-year -- we're going to lock these people for ten years when We don 't know What's going to happen to the future of riverboat gaming. But has any consideration on those boats that are currently in operation -- will there be any consideration given for past experience, past tax revenues given, and are the current licensed boats just going to stand the risk of being put up for foreed sale?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip . SENATOR PHILIP) Absolutely.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.

Absolutely what?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip .

Yes, they will be taken in constderation.

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

Well, the bill doesn't say that, but anywayr there's a lot of holes in this thing. But one morey Senator - and this is one that does bother me probably more than anything else - even though think your intent is right, and I think understand What the intent is# there is a void, however, left, in my opinion, and all we can do is presume - a11 we can do is presume - that the current 77  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 riverboats do not have to go up for referendum. It does not state that in the bill expllcitly that the current riverboats do not have to go through referendum. All it says -- it says What happens in the ease of the new licenses, but leaves void that which is with those -- those clder llcenses. I have a lot more questions to this, but that's enough on the amendment.

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

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he kill yield. Senator Shaw.

Senator Philip, is it anything ln this amendment that would bring the other -- the ten existing boats into the afflrmative action Section khat are placed in this bill?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.

As you know now, they have to have one now when they apply. When they -- What -- they reapply, they Would have ta do the same thing.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Shaw.

Whab I'm asking, I guess, is it any different in this amendment than current law? D1d we change -- did you change anything in...

PRESIDING OFFICER: (SENATOR DUDYCZ) Senatcr Shaw?

Did you change anything in this amendment? 78  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19e 1994 1 .

PRESIDING OFPICER: (SENATOR DUDYCZ) I Senator Philip .

Yeah. The -- the only thing different, it's the same as current law, although this says that you have to conslder minorities.

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Shaw.

The -- that's -- that's an interesting concept. On that one, when you consider them, and say that I made a bid -- this is done by bid, I take it? I made a bid. Now, ycu considered me. I met a1l of the criterias. There Were ten of us who met -- minorities and women who met those criterias of the -- of the -- of this amendment. Would that information -- once the bid has been awarded, Would -- under this amendment, would the information in terms of 1ow bids and flnancial stability be made available in terms of -- I don't mean primarlly the specific dollar amount -- would that be made available to the public or -- Which group would be made available to the public the ones who got the bid, or the ones wha did not get the bid?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.

Yes. I believe the -- the people Who get the wlnning bid, the information kould be made available.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Shaw.

I notice it was the testimony of one of the gentlemen, and I didn 't gee a chance to ask him this morning in there. He was talking about fairness and opening up to the public, and I assume 79  STATE OE ILLINOIS 88TH GENERAL ASSEMBLY d REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 that would be simllar to opening the Senate up to the process here. Why not make a11 of that available: if we Want to keep the public really informed, and -- and put it a11 out there and let it -- I believe that the Board would have great integrity. I -- I don't have any problem with the Board, but it seems as though that long as they have nothing to hide, then they'd make it a11 available. Why don't we have that in this amendment?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip . SENATOR PHILIP: E Well, as you know, we have competitlve biddin: here, and if my memory serves me correctly, the -- it's nct public knowledge. It's only the person who receives the contract or the bid. Quite E frankly, you know, this is the first step. We a11 know kf - if - it passes the Senate, gets in the Housey it'll end up in a conference committee. I don't have any prcblem with that at all. But that's not the standards, I thinkr that We do now. PRESIDING OFFICER: (SENATOR DUDYCZ) ! l Any further discussion? Senator Cullerton.

Yes. Thank your Mr. President, Members of the Senate. With regard to the language dealing with competltive bidding, I think it's a little unclear, and I would suggest that if it does go to a conference committee that it -- it be straightened out. It says that the Board shall award the license to the applicant whcse appllcaklon and bld, in the opinion of the Board, shall result in the greatest amount of revenue, in the form of a wagering tax and the additional payments tn accordance with the bid. I think it's I unclear to me whether or not thls is additional revenue that goes to the State exclusivelyy or whether it's additional revenue that can go to the city. So, for example, in the City of Chicago they've indicated that they wish to build an entertainment 80  STATE OP ILLTNOIS j 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19# 1994 complex, and they 've told prospective applicants that they may have to come up with a hundred million dollars to help pay for this entertainment complex. Now, if they have to ccme up With a hundred million dollars to pay the local city, they're not going to be able to pay as much in the form of a tax. And if the -- way this language reads, if We're looking fcr the greatest amount of revenue for the State, then they're going to be at a competitive disadvantage. And since these ten new applicants are competing on a statewide basls, I think that it wculd Work as a disadvantage actually to the -- to the city in their efforts to have what they view as a true economlc development component cf their riverboat license award process. So I just think it's something which is unclear, and it is something that ought to be cleared up if this bill does go to a conference committee.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscusslcn? Senator Jones.

Yeah. Thank you, Mr. President. I did file a fiscal note on this bill. Has -- it will remain on 2nd. Am I correct?

PRESIDING OFFICER: (SENATOR DUDYCZ) Upon the adoption of Floor Amendment No . 2, Senator Jones, it is *he intent of the Chair to move the bill to the Order of 3rd Reading. Senator Jones.

Well, isn't it according to the rules of thls Body that if a fiscal note is filed, that that bill remain on 2nd, or are We making up rules as we go along?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip .

Yes. I will be happy to hold it on 3rd until we get the inpact of this legislation. So we will not move it until we have I 81  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 a financial idea cf exactly what it does.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones.

Well, according to the rules, isn't it supposed to stay on 2nd Reading? I believe it's supposed to stay on 2nd Reading. Not 3rd Reading. PRESIDING OFFICER: (SENATOR DUDYCZ) ; Senator Jones, the request for a fiscal note is out of order. This is not the house of origin of t his bill. Thus, pursuant to I - l the Fiscal Note Act, this request is out of order. Senator Jones, you wish to appeal the ruling of the Chair? SENATOR JONES: ; I'm not trying to appeal the ruling of the Chair. All I'n -- asking a simple question is that that fiscal notey which is proper to be filed and has been filed -- it's not -- I'm not trying to q file it now. It's already filed. So since it is already filed, and according to the rulesr doesn't this bill remain on 2nd Reading? !

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones, President Philip has informed the Chair that he would like to accommodate you when the bill is on 3rd Reading, but is -- it is the sponsor's intent to move this bill out of 2nd, adopt Floor Amendment No.' 2, and place it on the Order of 3rd Reading. Senator Jones. '

Well, you know, I heard what Senator Philip saide but what he said is totally incorrect. I know you have the Chair and so forth, and you Want to -- but we should at least abide by the rulesr because those same games that you play come back to haunt you at times. And so you are totally incorrect, Mr. President. Sos to the bill now: T'd like to ask the -- the sponsor a 82  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 question.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he wll1 yield. Senator Jones.

. As it relate to -- as it relate to the ownership interest...

PRESIDING OFFICER: (SENATOR DUDYCZ) I beg your -- I beg your pardon, Senator Jones, one second. Senator Philip.

Yeah. Well, I -- I don 't think that request is in order until we adopt this amendment. It isn 't even on the bill yet. Sc hoW can you make a request? It's not on -- we haven 't adopted the amendment yet. After we adopt the amendment, that is -- is in ' order. And I told you I'd hold ët on 3rd Reading until We got it. And you know lt doesn't make a damn bit of dlfferenee anykay. PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Jones.

Wellr in response to the eloquent Senator frcm Dupage, I know damn well Where the bill isr and I know where the -- when the amendment is filed. I asked a question of the Chair. The Chair I could at least gave us an intelligent answer still -- instead of trying to make up a rule. I asked that for a partlcular reason. I know where the bill is. !

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones. Senator Jones. SENATOR JONES: ' And this is the... !

PRESIDING OFFICER: (SENATOR DUDYCZ) The -- Senator Jones: the Chair has made a ruling. Does the Senator wish to appeal the ruling of the Chair?

83  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 I was not asking for a ruling. I asked for a respcnse, and I stnce you don't knoW, I'n not attempting to appeal the rulin: of ! the Chalr because just admit, 'Q do not knowef' And that'd been . the appropriate answer to give. I'd like to question the sponsor . of the amendment. PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Jones. SENATOR JONES: Senator Philip, on -- with respect to the ownership interest that reflect the diverslky of the communities in which the I applicant's proposed boat is to be dockedr is the intent cf that consideration tc say that minorities could only own boats in the areas that -- that has a majority? Or let's say, I may want to own a boat in Dupage County. Under this language, ny consideration would not be given as such . Am I correct? PRESIDING OFFICER: (SENATOR DUDYCZ) i senatcr Philip . SENATOR PHILIP: In awarding license, they want to take in consideration the diversity of that community. ' PRESIDING OFFICER: (SENATOR DUDYCZ) I Any further discusslon? Senator Jones. SENATOR JONES: Then again -- to take into consideration the diversity of the community. So therefare, if you are using standards as such, I assume we will use sEandards of the Gaming Board. Then if the diversity of the community is such that is very few minorities in there, then no consideration would be given to a minority 1 applicant for licensing. PRESIDING OFFICER: (SENATOR DUDYCZ) Is that a question, Senator? Senator Jones. SENATOR JONES: i 84  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 122nd Legislative Day May 19z 1994 That is a question. I Would like to have a response from the sponsor of the amendment.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip .

Yeah . Incidentally, this is the same language that the Mayor has ln his proposal, incidentally.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones.

Well, I donft see the Mayor on the Floor, and I don't see his bill herez and I'm not speaking for him in this context. So therefore, I'm asking you, the sponsor of thisy because what it's saylng to me is that youdre trying to restrict any minority from owninç a boat, only where they have a najority in a respective area. And I would think that thls type of language in the bill is wrong. And I don't know where you got it fromr but I don't see any bill of the Maycr's here on the Senate Floor. So I don't think this is your real intentr but it's Written into the 1aW as such. So you say it shall consider. So therefore: if I or any other group that wanted to have a boat that does not reflect the diversity of that community, then more than likely they would not be afforded the license. And I think that is terribly wrong. Another aspect of the bill, as it relate to the bidding process. The -- the bidding process - one would have to show where they Would give the most to the State in a bid -- whoever win the highest bid. Theydve never had a license before. So Eherefore, how can one even give a certain percentage of that grcss guarantee when they, in turn, will not know hcw much noney they Will make? That -- they may decide to give an additional twenty percent. That additlcnal twenty percent may bankrupt that particular license applicatlon. So how can one do that? 85  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.

Well, under the present law, they are required to do that right now - what they think they 're going to make.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones.

No -- oh, you 're talking about a bidding processr and that is not current law. We are not -- you 're talking about a bid, and this w1ll be awarded to the one who gives the highest bid. So therefore -- so so therefore, if you have -- accordlng to this lawy which is true, if applications are made and -- and that bid dollar goes into the General Revenue Fund, a1l ten new license applications could conceivably go to those areas who had the highest bid. Am I ccrrect?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.

I guess that's probably accurate.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones.

Well, again: this -- you and I have talked on this piece of legislation, and I know you and your staff and -- and others put a 1ot of work into that, but as I indicated to you, that there ls a hundred and seventy-seven Members of the General Assembly. And if we are sincere about expandln: gaming opportunity to al1 sectors of the State and affording everyone the cpportunity, then we would be more inclusive uith a11 the Members on this side of the aisle, as well as the House. So this is a one-sided, partisan issuer but the issue as it relate to minority ownership with no standards in 86  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 i ; here, because the Gaming Board don't even have to consider What ycu have in this bill. And We have -- my lawyers on this side have been Working on language to comply With the recent Supreme Court decision in Richmond that Would set forth a criteria to afford everyone the opportunity to cwn license, not cnly in areas where there are minorities, but throughout the State of Illlnois. And the way yau have this drafted, ycu want to restrict those individuals to the opportunity only in the area of City of Chicago, and I don't think that is your intent. And I urge that - - when a vote is taken, that this -- this amendment be defeated.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jones, for your information, the Chair's rullng was based upon statutory 1aw 25 ILCS 50/1. Any further discussion? Senator Geo-Karis.

Mr. President and Ladies and Gentlenen of the Senate, if I can attempt to answer Senator Jones. If you will look on page l5, (g-l), it saysr quote, ''Upon the terminationr expiration or revoeation of any owners license under thls Aety the Bcard shall,'' - shall - nin making suitable tsic> (suitability) determinations prior to awardlng the license for a lo-year period, consider'' - in other wordsr they have to - Hconsider whether the current license Ksic> (licensee) has in place appropriate affirmative action plans and minority and female business enterprise plans and whether the current licensee has honcred any commitments made by it to the unit of local government designated as the licensee's home dock.''

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Jones, for what purpose do you rise?

A dual response. Number one, I did not ask you for a specific 87  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9r 1994 ruling. I already know what the rules are. So -- as it relate to an amendment and a fiscal note being filed. I already know that. I just want you to give it to me from the chair. Ncw, number twc, as response to senator Geo-Karis, as she said, ''shall consider''. With no standardsr Senator - and I co-chaired the JCAR Committee for a number of years - with no standards as set forth in the criteria, with no predicate finding as it relate to minorities who have been discriminated, these -- these Words are totally meaningless. PRESIDING OFFICER) (SENATOR DUDYCZ) Any further discussion? Senator Geo-Karis. SENATOR GEO-KARISZ If I may respond, Senator Jones. ! PRESIDING OFFICER) (SENATOR DUDYCZ) Senator Geo-Karis. SENATOR GEO-XARISJ The language is ''shall'' It doesn't say ''may consider't It says ''shall consider'' and does cover affirnative action and minority and female business enterprises. PRESTDING OFFICER: (SENATOR DUDYCZ) ! Any further discussion? Senator Fitzgerald.

Thank you, Mr. President. Ladies and Gentlemen of the Senate, I I rise in support of Senate Amendment No. 2 to House Bill 2150. And I think that What we Want to not lose track of here - the main point of the eompetitive bidding is that the State attemptz for the first time, to realize for the State and for the taxpayers of our State, the actual market va1ue of the State licenses of these l State assets that we have been giving out. Right nowr to get a license that is worth anywhere from maybe two hundred million to a billion dollars, or maybe more, a11 you have to do ts pay the State eighty-five thousand dollars in total fees. What this bill 88  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 attempts to do ls to ask the people to bid a percentage of their adjusted gross receipts that they will pay the State over the length of their license - it stretches the license term to ten years - and in this way we can ask the people Who are fortunate enough to get a license if they Will return some of that to the State. And it's only fair. They are getting a limlted-monopoly license. There'are anly -- Ehere would only be twenty riverboats in this State, and they would have a license to operate that. They would be paying a market rate to get the license. NoW I just want to give you an idea. We have a gaod idea of what some of these licenses are worth. The Argacy Gaming Company, which owns the Alton Belle Riverboat in Altonz Illinois - it is a publicly traded company. Its shares are listed on the NASDAQ over-the-counter market. As of the close of business a few days ago on May 16th, the Eotal market value of that company Was four hundred and thirty-seven millicn dollars. Now the boat and all the equipment only cost maybe thirty million dollars. It's not the boat that's worth the four hundred million dollars. It's that license and the strean of revenue that that represents. There are very few other assets that this company has. What wedre trylng to do is capture that market value for the Stater for the taxpayers. It shculd mean more revenue for thls State - and we need the revenue - and it will still allow for generous returns for the boat owners. And one other thing. I have taken the income statement of the boat -- one of the bcats in Joliet - the Empress Riverboat - and Ifve put it on a spreadsheet. And Ne know that the return on equity riqht now with the existing gaming tax aE twenty percent for these owners is a hundred and fifty-two percent. They made seventy-four million dollars in net income last year. In their first eighteen months, they dividended to their nine shareholders eighty-seven million one hundred thousand dollars. That is almost as much as cur largest manufacturing 89  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 employer in the State - Caterpillar - dividended in that same perlod to its tens of thousands of shareholders. Now, if that riverboat, the Empress, were to give thirty percent of lts adjusted gaming receipts to this State, it would still have a hundred and seventeen percent return on equlty. We can go on. If We Went up to fifty percent of its gaming receipts going to the State and local municipality, it wculd stlll have a forty-eight percent return on equity. This makes sense. It's good publlc policy for the State. And lastly, it takes the whole -- it catapults the whole process of selecting boat owners out into the open. It restcres public trust, because they will know it's not going to inslders; it's not going to the favorites of politicians. It -- it would be going to that entity which ends up paying the State and the community the nost, and everything would be aboveboard . Thank you. PRESIDING OFFICER: (SENATOR DUDVCZ) Any further discussion? Senator Molaro. SENATOR MOLARO: Thank... PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jaccbs, for what purpose do you rise? SENATOR JACOBS: Just real quick, 'cause it -- it's one of these things that -- flgures don't lie, but liars sometime figure. Let me just tell you something, and I think that the Senator should be a little more direct in his response Whenever he doesn't tell you the Whole Eruth about the dividends, because it's my understanding that the greatest majority of the dividends that were expended were also put back into the company for more expansion on the ground. And I think that should be pointed out. PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Molaro. 90 1 L ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19: 1994 ' 1 END OF TAPE ! TAPE 3 E SENATOR MOLARO: Thank you -- thank you, Mr. Presidentr Ladies and Gentlemen of the Senaee. Will the sponsor yield for a question? PRESIDING OFFICER: (SENATOR DUDYCZ) Sponscr indicates he Will yleld. Senator Molaro . SENATOR MOLARO : Real quicklyr a small question flrst. It talks about increased purses for horsemen, or more money in purses for the -- the horse people. Where -- where Would that money come frcm? I PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Philip. SENATOR PHILIP: I We are shifting OBT <sic> (OTB) moneys - I think seventeen million - putting that money -- as you know , when We -- When We alloked off-track bettingy we took the noney away from the breeders. We are giving that money back. That Was the -- the original agreement. It's some seventeen million. And we lre adding 4.8 million from, I believe, the tobacco tax . So they Would have that increase. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro. SENATOR MOLARO: Yes. Another -- another question. I assume in this bill - and we just got it; it's very lengthy - there are no guarantees in the blll. There is no Written guarantee of hoW many licenses the City of Chicago would be able to get. PRESIDING OFFICER: (SENATOR DUDYCZ) 91  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day May 19r 1994 Senator Philip.

That is absolutely correct. Chicago could end up with a11 ten of then. PRESIDING OPPICER: (SENATOR DUDYCZ) ' Senator Molaro.

Possibly they could Wind up With none.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip . 1

Let -- let ne say this: If you were an investor and -- and wanted to put a boat in, you 'd want to put it in a place that would attract a lot of people and have a 1ot of populatian. In my - - and there is no way thak Chicago isn 't going to end up with boats. I wouldn't be surprised if they ended up wlth nore than five boats.

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Molaro .

Another question. Would -- is there any prohibition in the bill, or current law, or have you changed current law, that prohibits a city such as Chicago or any municipality, or division of county government or township government, cr another entity such as a State-created pension fund, from becoming an owner of a license or the owner of a boat?

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Philip .

I suppose they could submit an application like anybcdy else.

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Molaro . 92  I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994

So they Would nok be prohibited from becoming owners under your bill?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip. '

Under your proposal, if I remember correctly, you -- you allowed Chicago to cwn their owns boats, right? Xeah, I'm not sure I agree with that philosophy, under any stretch of the imagination. I think the post office is a perfect example on Why we shouldn 't let Chicago or anybody else operate boats.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro.

Well then, quickly to the -- to the amendment: and in response to that. The proposal that was kept in Rules - and I tried to get it out today - didn't talk about the Clty runnlng anything. The postal authority, if you bring that up , is run by the Pcstal Authorlty. The City of Chicago would not run a boat. My thinking would be - and you could look at the figures stated by Senator Fitzgerald - that there are -- are currently estimates that if the City of Chicago would get four or flve boats - and by your own words, they could get a11 ten if you 're going to build them in Chicago - with five boats they're talking abcut two billion dollars a year in gross revenues. Tko billion. So my thinking Would be, that you don't have the City run them. That would be crazy. I agree a hundred percent. You can't have City employees doing it. What you would do is you would get operators to bid on operating. So we could get the Empress people, or Harrah's, or the casino -- caesar's Palace. They Would come in and run 1t. You wouldn 't have anybody from the City of Chicago running it or anywhere near 1e. What you would have the City of Chieago do and 93  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 122nd Legislative Day May 19r 1994 the State of Illinois -- and now Would be a perfect time to do it, because you're not changing the rules for current owners. Now Would be a perfect time, that instead of coming up and saying We're going to take bids from five or ten different groups of people and make ten instant billionaires by awarding these - you're still going to have a State-run monopoly or State-forced monopoly - youlre only going to have twenty licenses throughout the State of Illinois. That's like saying you're only going to 1 l have twenty liquor stores. It's going to be impossible for twenty people or twenty boats to lose money. Yeahy if you're going to have a hundred, or tWo hundred, or four hundred, or twenty years from now, but right noW it would be impossible. And I can't figure out for the life of me why we would have and award ten contracts to private ownership when you have two hundred or two billion dollars at stake. So even if lt costs fifty/slxty percent to run them, you pre going to have eight hundred million dollars being cut up by ten groups of people, not even ccming up with minority participation, Whether it be blacks, or womenr or Hispanics. You're not talking about blacks or women, or Hispanics participating. You're talking about three or four blacks becoming instant billionaires, where their great-grandchildren Won't have to work. This isn't going to go back to the people of -- the taxpayers of Illinois. You're not going to have it where We 're going to go there and our constituencles are going to lose their money, and it's going to go back to the tax base. If there's an evil in gambling that's here to stay, why not have it where if people are out there loslng their hard-earned money, at least 1et the tax entity get the profit from it. Why should the gross revenues of an industry that's tantamount to a monopoly go to private ownership, and the only people who can bid on it are people who have millions and nillions of dollars behind it? It just doesn't make any sense. I 94 i E STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Hendon. SENATOR HENDON: Thank you, Mr. President. Very briefly, there are some things in -- in here that I -- I llke, and there are some that I - - I believe need to be worked on. That's Why I Would like tc see 1 the bill -- if it Was kept on 2nd, I could put some of the amendments that I put on khe other bill, on this bill. For instance, there should be sonething in here about compulsive gamblers, to give people who have a problem With gambling an opportunity to get scme help. Also, in the -- prior to this, we introduced some legislation for affirmative action that would increase the goals to forty percent for minoritles and twenty percent for women, and that should be in here. Lastly, if a referendum is good enough for the resk of the State, a referendum i is most certainly good enough for the people of the City of Chicago , because the people of the City of Chicago should also have the right to vote to see if the people of the City of Chicago wants gambling in our Clty. Lastly, there should also be ! one-dollar entry fee in here that Would go to police , directly to -- for colnnunity policing, because everyone knows that brlnging a11 of this gambling tc our State is going to cause an increase in ' crime, and we should have some revenues set aside speciflcally for law enforcement to deal with that problem . Thank you. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Berman. SENATOR BERMAN : Thank you r Mr . President, Ladies and Gentlemen of the Senate . 1 I wanted to address a few items that I don't think have been addressed in the debate so far. I'm a little surprised and really taken aback, based upon the representations of our purposes of new Rules of the Senate that we -- that we adopted last year. It 95  I STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19# 1994 appears that what we have here is substantially different subjects a1l in one amendment that's offered to us the day before flnal reading of House bills. That sounds to me conpletely contrary to the representations that Were made when the new rules were ! I adopted. What I mean by that is this: This is a bill that deals wikh riverboats. At the same time, it deals with a subject I would suggest to you has nothing to do with riverboats. It deals with the issues of product liability: negligence claims, Workers' compensation - issues that are totally irrelevant to the issue of riverboats. And I would suggest that if we were going to address subjects in single bills with, hopefully, related subject matters, these thinqs should have been split out in twor or threer or four different bills. But that's not the essence of my objections. Let me tell you what some of these provisions do, and I will call them not ''tort reform'' because that's a misnomerr and I'm being nice by using that phrase. Thls is anti-consumer legislation to the hilt. There is a provision in this bill that limits noneconomic damages to two hundred and fifty thousand dollars. That means that emotional distress, pain and suffering, loss of companlonship - regardless of the facts of the injury, of the relationship of the negligence involved that gave rise to this loss - the maximum of noneconomic damage is twc hundred and fifty thousand dollars. NoW 1et me give you an example of what that means. You are age twenty-five years of age. You are married. Your spouse is driving your family car, and some drunk runs a red liqht, crashes into your spouse's car and kills her. You would have had perhaps fifty years of a Wonderful relationshtp with your wife - fifty years of love and companlonshlp, and mutual support. Fifty years. You knaw what you 're going to get paid for the guy that -- that drunk that ran that light and slammed into your spouse and killed hery or him? Five thousand dollars a year. Is ! that what your spouse is Worth, Ladies and Gentlemen, for the loss 96  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 of consortium, the loss of companicnship, the pain and suffering ' : that you have suffered by the death of your spouse? That's whatfS 1 in this bill. If that's not anti-consumer, I dcn't know what is. Example number two: There's a provision in this bill that says . that every product liability claim nust now be proven by clear and convincing evidence. Existing 1aw in this State forever has been a preponderance of evidence. That means it is more true than not true that the defendant was negligent. I go down the street; I pick up a bottle of soda. I drink that bottle of soda, and my insides start to hurt me immeasurably, and it turns out that the maker of that soda didn 't -- wasn't carefule and there's poison in there, for some reason that the manufacturer should have watched. I've got to prove that fact not by that it's more true than not true, but now by clear and convincing evidence. It's going to cost that consumer substantial money to bring in the kind of experts. Weire talking abcut a -- instead of a fifty-one-percent proof, perhaps a two-thirds proof, sixty-seven-percent proof. Is that consumerism? Is that a -- a recognition of people that have been hurt, not by their action, but by the action of people that sell us products? This ls a sap to big business. This is a sap to the people that sell us goods. This is a sap to the drunken drivers of the world. And this is in the riverboat ganbling bill. Shame on us, for even allowing this to be presented in this same package . Ladies and Gentlemen, for a11 your voters - a11 your voters - your consumers -- you are hurting then immeasurably. And le* me just tell you from an economic paint of view, these things have been adopted in other states. There isn't one state - there isn't one state - that can show you a reduction in premiums or a reductlon in lawsuits, as a result of this. Nok one. Why it's in here? 1'11 1et the sponsor explain that on his closing . But anybody that votes Yes on this bill should be ashamed of themselves at election time, when you go back to your voters and 97  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 tell them that you're here to protect their interests. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Carroll. SENATOR CARROLL: . 1 ! Thank your Mr. President. Would the sponsor yield for a question, please?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he Wkll yleld . Senator Carrolt.

Thank you, Mr. President. Would the sponsor please identify why we have taken away the 4.8 million dollars that goes to Mccormick Place? I assume lt has nothing to do with the fact that Jim Reilly is no longer the executive dlrector. But could you please explaln why the 4.8 million that, by State 1aW todayy is a continuum for Mccormick Place, for its operations, and to pay off the bonds and to pay its operations - why we are now taking it away with no replacement and giving it to the tracks for purse? Are we taking away from the Dupage Civic Center? Are We taking away from civic centers anywhere else, or any other auditoriums? Only from Mccormick Place We are taking 4.8 million dollars to put it in the purse. That money was origlnally created for the original Mccormick Place for the bonds and for the operations to keep a world-class facility to bring conventions in, for nine billion dollars of economic development, and now Ne are destroying it for no apparent reason and no replacement. If the sponsor can explatn why, I'd appreciate it.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.

Well, I think one thlngr the Mccormick Place is doing extremely well. As you know, the State has subsidized Navy Pier - 98  STATE 0F ILLINOTS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 the improvement of Navy Pier - and we 've alsor I think, if I ! remember correctly, since Ilve been here had two or three expansions on Mccormick Place. And so, I think we've treated them more than fairly, very honestly, and they're doing very wellr I've been told . .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Carroll. SENATOR CARROLL: ! Thank ycu, Mr. President. I think that President Philip may be slightly in error why we have spent this money, and in fact, it . ! is this ncney that has allowed Mccormick Place to continue and to be the showcase and to attract business, and to attract people to I hotelsy and hopefully to riverboats, and to racetracks. The absence of thls money means they will not stay in business. There 's nothing to indicate that they are making a proflt. In fact, it is these tax resources that have allowed then to operate and to be this world-class attraction. To take this money away for no apparent reason, to give it to horse racing purses, seems absolutely ludlcrous, and I don't think there 's been any adequate explanation of why this is going to cease. It was created by law to keep them going, to be economic development, and noW we 're trying to destroy one of the best economic development advantages Illlnois has had. One of the reasonsr we are told, even for riverboat: is to keep conventlons coming to Illinois. Now We're not even going to have a place for those conventions to go. And I think this is just a ridiculous Way to be going.

PRESIDING OFFICER: (SENATOR DUDYCZ) WclA-channel 3 has requested permission to record the proceedings. If no objection is noted, leave is granted. Any further discussion? Senator Lapaille. SENATOR LaPAILLE: Thank you, Mr. President. On the bill: To echo Senator 99 i STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION 1 ! SENATE TRANSCRIPT i 122nd Legislative Day May l9r 1994 Berman's points W1th regard to tort reformy medical caps, Workers' 7 compensation - the road that we're embarking on here is a dangerous one, because we do have a Chanber on the other side that is Democratlc. We have a ninority here that is very well-organized and -- and very tough-minded, as you saw last Session. And if we were to begin to link apples and oranges, as you're attempting to do, just think of some of the scenarios that Democrats in the House, or Democrats on this slde of the aisle can ' begin to link. We could say, ''We're not going to pass a budget until we get an increase in the minimum wage here in Illinois. We're not going to pass initiatives for the Governor or maybe his budget or other items, unless we have an increase in prevailing : wage, or maybe more ccllective bargaining rights for workers in Tllinois.'' And then maybe we vould say, ''We 're golng to hold out and we're going to take some business tax incentives away, because we don't think that exemptlon on machinery is working that Well. And by God, wedre going tc just hold out until we get that.'' And you 'll say, HWellr that -- that doesn't compare. The State budget doesn't compare to what you want.'' Well, that's exactly what's happening here. Several weeks ago the Mayor and the Governor came up to an agreement that there should be riverboats in the City of Chicago. Governor Edgar didn't mention anything about worker comp, tort reformr business developnent, et cetera, or whatever you call al1 these measures. He just sald, ''Yes, it's time to have riverboats in Chicago .'' But we have to take a look at this Governor, because of a year and a half agor he said there should be a third airport. No third airport. He said it. Didn't provide any votes for it. Several months ago he said there should be a ban on assault weapons. No ban on assault Weapons - at least from the State of Illinois. And several weeks ago, he said there should be riverboats. So when it comes to this Governor and the Clty of Chicago, as brother Hendon would say, 100  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Leglslative Day May l9, 1994 ''This Governor: When kt comes to Chicagoy Walks the walk, talks the talk, but then he provides no leadershlp to get things done for the City of Chicago.''

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator DeAngelis. SENATOR DeANGELIS: Well, you knowr I don't know I would have said that, brother. I got to tell you, you know, there's been a -- a 1ot of talk herer but this is the first proposal advanced by either Chamber, by a Member of elther partyr eo, in fact, acccmplish what's been requested. You knowr talk is cheap; man. You know? You can go ahead a1l this rhetcric. Heyy guysr where 's the beef? The other Chamber has a far greater majority than we have. Have they -- bave they put a bill in? Have they tried to pass one? Senator Lapaille, you know that Chamber better than we do. How come they haven't done it? And I got to tell you, let's talk about intentions and objectivity. This amendment, offered by Senator Philip, is by far the cheapest price that Would ever be paid for riverboats for Chicago. And it ought to be looked at, because I got to tell you: if you take any other route, the vaults aren't big enough, or full enough, tc empty them out to pass that bill. Why does the Speaker not attempt to pass a blll? You know why? Because that Chamber wishes to put its own interests above those of the City of Chicago and the riverboats they so much demand. You know, got to tell you, I would be very much ashamed, Senator Bermanr to turn around and say and ycu 're a real advoeate for education - that I am willtng to turn around and scuttle a11 of this, 'cause I don't like one thing here. I don't like the cap. But you know what? You didn't put anything in there. haven't seen a bill yau've submitted. I haven't seen a bill submitted by the other side. You talk about the Chicago bill. Did you put the Chicago bill in? Nobody did anything. Talk 101  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 is cheapy fellow Americans. Senator Philip has put himself and if you think this is an easy thing to do in our caucus, got to tell you somethingv pal: This ain't too easy . But he took the bull by the horns, stuck his neck outr came up with a proposalr and now youdre going to say, ''I don't like that proposal.'' Well, you know what? Fine. But if you don 't like ity give us one that you might like. But don't turn around and blow smoke. Don't turn around and pooh-pooh something, when you don't have anything better at all. You know, I sat at a dinner not too long ago, with a Chicago Democrat - no, take it back - suburban Chicago Democrat: with a largely Chicago area, as Well - House Member. I saidr ''Do you thtnk riverboats are going to pass?'' ''Oh yeah, they're going to pass, in the House.'' said, ''Rea11y?'' I saidy ''HOW do you think that's golng to do it?'' He saidr ''Wel1r if I don't get one for my area, I'm not voting for it.'' Here is a Leader in the House Denocrat - who's affected by *he City of Chicagoy and he has to have a riverboat before he dll vote Yes. Now can you imagine what somebody who is not from Chicagor Who is not a Democrat, and who's a dawnstater is going to want? This propcsal that -- is ultimately reasonable in terms in terms of the costs. It's ultimately reasonable because it addresses the issue of economic development. It's very reasonable because it, in fact, offers Chicago an opportunity to get what they want. And you guys are going to sit there and gc, ''Wel1, you know, I don 't like this cap. I don't like this.'' 1'11 you know, 1'11 tell you sonething. I don't like some stuff that's in this bill. I really don't either. Bu* I'm golng to tell you, when you deal with issues of public policy of this sort, you better sit there and look at the whole picture. Because in the end: when youIre going to be judgedr you can turn around and defend your vote on this, but don't put *he rope around Senator Philip or thls side, 'cause we are trying to do a job. And you better look to yourselves far the salution. 102 I  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9# 1994 And if you don't have anything better: then I suggest you do two things: Put your money where your mouth is, or just shut up.

PRESIDING OFFICER: (SESATOR DUDYCZ) If there 's no further discusslon, Senator Philip, to close.

Thank youy Mr. President, Ladles and Gentlemen of the Senate. Let me just say this: We al1 know this is the first step in a long, drawn-out process. If - if this finally passes the Senatez goes over to the Housey you know what the end results are. It will end up in a conference commlttee, and we will add some things and subtract some things. NoW lf you think this ls the final product, you are -- you are sadlyr sadly mistaken. But it is a step in the right direction. It helps the City of Chicago, and it helps the entlre State of Illinois. And remind you, in 1974, we elected a Democrat Governor, a Democrat House and a Democrat Senate for the flrst time (n about twenty or thirty years. And what -- What did the other side of the aisle do? Pass the largest increase in Workmen's compensation in the history of the State of Illinois. Out of fifty states, Illinois Nas number one. Now we have chipped that down a little bity but Ne're still in the top ten stabes. And very honestly, we are not competitive with the Midwest - with Ohio, Michlgan: Indiana. 1'11 tell you a little story. During my last campaign, I stopped to buy coffee for some construction workers, on -- on -- on one of the highways. We started talking. I bought them a11 coffee. I said, ''I'd like to have my picture taken with your gentlemen, for one of my brochureso'' They said, ''Sure.'' There werer I thinkr eight or ten there. A1l of them were from where? Indiana. Indiana. They commuted every day, over here into Illinois, to Work on constructions for one of our highways. Why? Workmen's Compensation. It's the number one reason people don't expand in Illinois or don't come to Illinois, and it's about time we did 103  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 something about And how did Cook County and Chicago get in thls hole they're in? They did it to themselves. If you remember, the State's attorney, and the Mayor - Mayor Sawyer, State's Attorney Daley - thought was a bad idea. would bring in some criminal element. We don't want And What happened? They were removed from the bill, at their request. Now, they certainly had an cppcrtuntty to change their mind . I've changed my mind more than I$d llke to admit. And they have changed their mind. And, quite frankly, theyfre enbitled to boats, just like the other hundred and one counties in Illinols are. This is a step in the right direction - the first step . For a changer do what's right and vote Yes.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip moves the adoption of Floor Amendment No. 2 to House Bill 2150. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have al1 voted Who Wish? Have a1l voted who wish? Have a11 voted who Wish? Take the record. There are 30 Ayes, 20 dsic> (28) Nays, l voting Present. The amendment is adopted. Are there any further amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Before We leave the page, leave has been requested: and granted, by Senator Demuzio, to return to the Order of House Bills 3rd Reading, House Bill 1391. Senator Demuzio, do you wish this bkll returned to 2nd Reading for the purpose cf an amendment? Senator Demuzio seeks leave of the Body to return House Bill 1391 to the Order cf 2nd Reading for the purpose of an amendment. Hearing no objectionr leave is granted. On the Order of 2nd Reading is House Bill 1391. Mr. Secretary, are there any Floor amendments approved for consideration? 104  STATE 0F ILLINOIS 88TH GENERAL AGSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994

Amendment No. 1: affered by Senator Smith.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Smith. SENATOR SMITH:. Thank youy Mr. President and Ladies and Gentlemen of the Senate. The amendment to add to House Bill 1391 merely adds a provision which amends the Department of Public Health Act, and the Civil Adninistration <sicl Code to require tbe public -- Department of Public Hea1th to establish an Osteoporosis Prevention and Education Progzan. It came out 10 to ncthing in the committee, and I ask for this...

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If notr Senator Smith has moved the adoption of Floor Amendment No. l to House Bill 1391. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and Ehe amendment is adopted. Any further Floor amendments approved for consideration?

No further amendments reportedy Mr. President.

PRESIDING OFFICER: (SENATOR DZDYCZ) 3rd Reading.

PRESIDING OFFICER: (SENATOR MAITLAND) A11 right. Ladies and Gentlemen, just an update. It's the intent of the Chair to proceed through the end of the Calendar, but only to take up those bitls that are on -- on recall - in other wordsr those bills that are -- are to be amended - so that - - that we can move into -- to the Senate Appropriattons Committee meeting this evening. We've got an agenda there we have to deal with, and so that's what Ne will do for the remainder of the afternoon. A11 right. On -- on page 6 is House Bill 2221. Senator Jacobs. Senator Jacobs seeks leave of the Body to return l05  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 House Bill 2221 ko the Order af 2nd Reading for the purpose of I i amendnent. Hearing no abjection, leave is granted. On that Order I of 2nd Reading is Hause Bi11 2221. Mr. Secretary, are there any Floor amendments approved for consideration? i SECRAmendment ETARYHARRY : No. 1, by Senator Rea. 1

PRESIDINGOFFICER: (SENATORMAITLAND) Senator Rea. 1

Thank you, Mr. Presidenty Members of the Senate. Senate 1 i Amendment l is an -- a committee-agreed amendnent that came out of committee 10 to zero, and it requires the Department cf Public Health to create a program to improve the supply and distribution ' cf health care professionals through service-educaticn linkages ln medically underserved areas, which is certainly a -- a real need in -- inruralIllinois. AndthisisapartoftheRuralHea1th Initiative, and would ask for an Aye vote. 1 PRESIDING OFFICERS (SENATOR MAITLAND) Al1 right. Is there discussion? Is there discussion? Senator Jacobs. SENATOR JACOBS: ' Yeah . Not to the amendment, Mr. Presidentz but in the last ' debate,therewasa--a--arhetoricalreference that I made, 1 ' and I hope that -- there was no personal insult glven or animosity intended, whenever I used the rhetorical comment that I did. And if Senator Fitzgerald may have thought that I might have impugned him , I would apologize publicly, because that was not my intent. It was just a rhetorical reference. PRESIDINGOFFICER; (SENATORMAITLAND) 1 ' A1lright. Thankyou.SenatorReahasmovedthe adoption of 1 ' Ploor Amendment No . l to House Bill 2221. A1l those ln favor: say ' Aye. Opposed, Nay. The Ayes have it, and the amendment is 106  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19r 1994 I adopted. Any further Floor amendments approved for consideration, I Mr. -- Mr. Secretary? I

Amendment No. 2: offered by Senator Trotter.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins. I'm sorry. Senator Trotter.

No problem , Mr. President. Yes, Mr. President, Amendment No. 2 is a provision which amends the Alcohalism and other Drug Isicl Dependency Act to permit DASA, contingent upon appropriations and upon a conclusion by the Department that statutory impediments do not exist, to create a pilot program to evaluate the use of acupuncture in the detoxificatlon and treatment of substance abusers.

PRESIDING OFFICER: (SENATOR MAITLAND) A11 right. Is there discussion? Is there discussion? Senator Trotter has moved the adoption of Floor Amendment No. 2 to Hcuse 9ill 2221. Those (n favor Will say Aye. Opposed, Nay. The Ayes have it, and the amendnent is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 2424. Senator Cronin. Senator Crcnin? Senator Cronin seeks leave of the Body to return House Bill 2424 to the Order of 2nd Reading for the purpose of an amendment. Is leave granted? Leave is granted . On the Order of 2nd Reading is House Bill 2424. Mr. Secretary, are there any Floor amendnents approved for consideration?

Amendment No. 3, offered by Senator Cronin.

PRESIDING OFFICER: (SENATOR MAITLAND) ! 107  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 Senator Cronin.

Thank you: Mr. President and Ladies and Gentlemen of the Senate. Amendment No. to House Bill 2424 adds language which amends the Instruments Regarding Adopted Children Act, Which is intended to ensure that adcpted children are considered natural children of the adoptive parent for purposes of determining property rights. Most specifically, the -- the bill says that ''the use the term 'child ','' or ''$grandchild ', 'heir ', 'descendent '. 'issue 'r 'per stlrpes ', or 'by right of representation' does not demonstrate an intention to exclude an adopted child under the terms of the instrument.'' ask for its adoption.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there dlscussion? Senator Cronin has moved the adoption of Floor Amendment No. 3 to House Bill 2424. A1l those in favor, say Aye. Opposed, Nay. The Ayes have ity and the amendment is adopted . Are there any further Floor amendments approved for consideration, Mr. Secretary?

No further amendments reportedr Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 3278. Senator Donahue. Read the bill, Mr. Secretary . Senator Donahue seeks leave of the Body to return House Bill 3278 to the Order of 2nd Readtng for the purpose of amendment. Hearing no objectlon, leave is granted. On the Order of 2nd Reading is House Bill 3278. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No. offered by Senator Watson.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. l08  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994

Yes. Thank you, Mr. President. We've heard this bill before on the Senate Floor. It passed 56 to nothing. And this bill would provide that no AFDC mother under the age of seventeenr who 's never been married, shall received an AFDC grant payment unless they live with their parent, guardtan or adult relative, or live in a foster home. There are three excepttans: if the mother's parents or guardian are dead, or their whereabouts are unknown; if the Department of Public Aid determines that the physical health and safety of the mother or child would be jeopardlzed; and the final one is if the mother has llved apart from her parents or guardian for at least one year pricr to the birth of her child. The idea here and the concept is one in which we are trylng to create a support network for children having children. We have a situation in this -- we have a situation in this Sbate and country in which ycung teenage mothers having children, leaving home and really need that family support unit and network. And that's what this is an effcrt to do - to provide that. And I woukd move for its adoption.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Is there discussion? Senator Collins.

Question of tbe sponsor, please.

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

Senator -- Senator Watson, can you clarify somethlng for me? What happens in -- in the case where the girl gets pregnant: gces home and tell the mother that she's pregnant, and the mother puts her out. That's not a year; that wculdn't give her a year -- she wouldn't qualify. Are there exemptions made for those kind of cases? l09  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. I ! SENATOR WATSON: Yes, Senator, there are. I appreciate that question. The . Department of Public Aid has that prerogative. PRESIDING OFFICER: (SENATOR MAITLAND) Further -- Senator Collins. SENATOR COLLINS: Senator -- Senator -- I'm sorry, Mr. Chair, the noise level is too high . I couldn't hear his answer. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson, would you respond, please? SENATOR WATSON: Yes. First of all, if -- if the young lady is pregnant, this only applies 1f, in fact, the child is born. Secondly, yes, there are exemptions and the Department of Public Aid can make that determination if the -- what she gould -- what the Department would feel is the physical health and safety of the mother, or the child, for that matterr is jeopardized: they can make that exception. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further dlscussion? Senator Watson, you wish to close, sir? Senator Watson has moved the adoption of Floor Amendment No. 2 to House Bill 3278. Those in favor, say Aye. Opposed, Nay . The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. -- Mr. Secretary? SECRETARY HARRY: Amendment No. 3, offered by Senator Burzynski. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynski. SENATOR BURZYNSKI: 1l0  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Again, this is another provision that has already passed from this Chamber. It's been debated quite heavily on the Senate Floor, as well as ln committee. Amends the Illinois Public Aid Code. Deletes provisions concerning written agreements with -- between the Illinois Department of Public Aid and the Department of Correctlons concerning the prerelease application and expeditious processing request for benefits filed by or on behalf of persons seheduled for release. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator Burzynski has moved the adoption of Floor Amendment No. 3 to House B111 3278. Those in favorr say Aye. Opposed, Nay. The Ayes have lt, and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?

Amendment No. 4, by Senator Burzynski.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynski.

Thank you, Mr. President. Again, this is a bill that recelved unanimous approval in committee today, and basically we fre talking about provides that no AFDC grant payment shall be made on behalf of minor under age eighteen Who has never married and has a child, unless the minor resides with -- excuse me, wrong one. This is the teenage literacy bill. And I Would be nore than willing to answer any questions.

PRESIDING OFFICER: (SENATOR MAITLAND) All right. Is there discussion? Is there discussion? Senator Burzynski has ncved the adoption of Floor Amendment No. 4 to House Bill 3278. Those in favor, say Aye. Opposed, Nay. The Ayes have l11 I  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day May l9r 1994 it, and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary? I SECRETARY HARRY: I Amendment No. 5, by Senator Watson. PRESIDING OFFICER ; : (SENATOR MAITLAND) Senator Watson.

Yes, thank you. Thks particular amendment Was -- is identical to Senake Bill 1525, which passed the Senate 37 to 2l. This says that if an individual is enrolled in AFDC and they have an additional child While they are enrolled, their grant payment does not go up. They can be enrolled in AFDC, and they Will get the payments that they deserve, based on their family when they enroll. But if they have an additional child, their -- their grant dces nat go up . This does not impact food stamps. They w111 get the additlonal money for food stamps, so that's not impacted. Medlcaid ls not impacted. So the health care khat's avallable through the Medicaid system Nould certainly be available to this child. I would move for its adoptlon.

PRESIDING OFFICER: (SENATOR MAITLAND) Ladies and Gentlemen, it -- it is getting late and everyone's tired. We don't have much more to go. Let's -- let's keep the noise to a 1ull, if we could, please. Senator Jaccbs.

Thank you, Mr. Prestdent, Ladies and Gentlemen of the Senate. And, Senator, I understand fully uhat youlre trying Eo do here, and I've had a 1ot of mail on this issue, and I -- and I understand exactly what you 're trying to da . My only problem I have with this amendment is when we try to do things such as this as to limlt the number of children people can have, or -- or to pay for them or whatever, I run into the problem that these 1 children are the ones that are being left out in the cold. I'm 112  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 not worried about the parent. I'm w1th you on thatr and I understand that. But sometimes, you kncw, you have tc take into consideration that -- especially, I know , in your case, being a strong pra-lëfer, that you have to ensure that these people don't abort, according to your beliefs. And so When they have these childrenr then someone has to take care of them. And it's not a 1ot of money that that extra child may -- may bring to the famlly, but it does take more money. As a father of six, I know how much money it takes to ralse extra children. And I just think that the intent of this is rightr and I don't disagree with the intent, Senator. But I just wanted to -- to stand and -- and let it be known that -- thak I have some problems, because I think the wrong person is being hit here. And that's a problem that I have with this particular amendment. If we could figure out some other way af doing it - I don 't know what it is - but I do -- I do at least give you credit for trylng to address the problem . I'n not sure if we're going in the right direction with this issue.

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

Thank you: Mr. President. A question of the sponsot.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield; Senator Palmer.

Senator Watson: if you intend by this bill to limit the number of children that women receiving AFDC would have, does Ehat mean by implication that you support the options to pregnancy, including abortion?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

No. l13  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 PRESIDING OFFICER: (SENATOR MAIQLAND) I Senator Palmer. I

Then what ycudre saylng ln practlce is that you want to limit the resources, but you 're not willing to provide some means by ! Nhich women can make a choice about being pregnant. Is that correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watscn.

No. I -- I think the Whole line of questioning here is a little ridiculous. I -- all we're wanting to do here is ask for people to be responsible for their actions. That's a11 we're saying. And I'm telling you, if you're in -- if you are in Nekfare and AFDC and you have an additional child, to my Way of thinkingy that is not a responstble action. And if that's what you want to dor then I think you should be held accountable and responsible for that, and that's to take care of that child, and not necessarily the taxpayers of this State.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Palmer. SENATOR PALMER ; Thank you again: Mr. President. Just -- I do not appreciate the remark that this is foolish dlscussion, because if we do not discuss the options thak women have to having children, then We have closed a1l the avenues. And there is something contradictory in the logic not to allow for sone options to pregnancy, if the intention is to limit the nunber of chlldren that a -- a Woman has. And she should have that choice.

PRESIDING OFFICER: (SENATOR MAITLAND) Purtherdlscussion? SenatorWatson:youwishtoclose? j

i l14  STATE OF ELLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION 1 SENATE TRANSCRIPT I 122nd Leglslative Day May l9, 1994 I Well, thank you. I -- I maybe did misspeak there, and I apologlze for -- for that remark. But I do feel very strongly ' about this issue. And -- and, Senatar Jacabs: I've gotten a 1ot I of mail as a result of this issue also. I've gotten a 1ot of mail ' from Public Aid casewcrkers. And I don't know if you've talked to I some of these peopler but they are in -- in huge support of this, i because they do see and sense the abuse of what's golng on. 60 Minutes had a program just last Sunday, and it was very informative as to what has happened in New Jersey. And this is sort of a -- a pilot -- or New Jersey was the first state that really went after this particular issue. And if you remember when we debated this on the Floor beforer NeW Jersey, in October, November and December of 1993, has seen a ccnsiderable reduction, and progressive reduction, (n the number of individuals that have filed for -- for public aid, compared to the year before . So in -- in New Jersey, and what they -- they talked about cn 60 Minutes, this is working. And I just thinkr again: it's just asking people to be responslble for their actions, Mr. President, and I would appreclate lts adoptlon.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson has noved the adoption of Floor Amendment No. 5 to House Bill 3278. Those ln favor will vote Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for -- for consideration, Mr. Secretary?

Amendnent No. 6, offered by Senator Donahue.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue.

Thank you, Mr. President and Ladies and Gentlemen cf the Senate. This amendment is tWo parts. The first part deals I 115  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION ' SENATE TRANSCRIPT i 122nd Legtslative Day May 19, 1994 I i primarily with OBRA legislation from the federal level, in regard to child support and mandated programs that we must adopt at the State level. And the second part deals with people that are representing the State in chlld support cases; that the State is in fact the client, and a client-attorney relationship dces exist. . And I Would move for its adoption.

PRESIDING OPFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator Donahue has moved the adoption of Floor Amendment No. 6 to House Bill 3278. Those in favor will vote Aye. Opposed , Nay. The Ayes -- the Ayes have it, and the amendment is adopted . Are there any further Floor amendments approved for considerationy Mr. Secretary?

Amendment No. 7, offered by Senator Tom Dunn.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Tom Dunn.

Thank your Mr. President. This is also an amendment that's passed prevlously. It's a -- calls for a five-year demonstration project in two counties, to limit the Welfare to tWo years and for tndlvkduals to work with their case-management people.

PRESLDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator Dunn has moved the adoption of Floor Amendment No . 7 to House Bill 3278. Those in favor, vote Aye -- say Aye. Opposedr Nay. The Ayes have it. The amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?

No further amendments reported, Mr. President.

PRCSIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senator Demuzio, for what purpose do you arise, I 1l6  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 sir? ! SENATOR DEMUZIO: ' . . . tmachine cutoffl...president, if I -- if I might make some ! ; inquiry as to what the order of our business is going to be here. I You indicated that we're going to go through the rest cf the . I Calendar, and handle those bills that have anendments, and then we're going to go off to Appropriations. Now, you weren't ' inferring that we were finished at that particular stage of the game. There's some rumor around here that we are coming back after that -- after that meeting. So could you give us some guidance? I PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio, we will -- when we -- when we finish one or I i two more bills here that are on recall, we will adjourn for this evenlng. We will then, you and I and others, Will head doNn to Appropriations. House Bill 3485. Senator Burzynski. A1l right. A1l right. House Bill 3582. Senator Butler. Senator Butler seeks leave of the Body to return House Bill 3582 to the Order of 2nd Reading for the purpose of tabling an anendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House I Bill 3582. Senator Butler. SENATOR BUTLER: Mr. President, I move to reconsider the vote by Which Amendment No. 1 was adopted. ; PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler moves ko -- to reconsider the vote by Nhich House Bill 3582 was adopted. Those ln favor, say Aye. Opposed, Nay. The Ayes have it -- and *he... Spnator Butler now noves that House Bill 3582 be tabled. A11 those ln favor, say Aye. I Opposed, Nay. The Ayes -- I -- I -- I beg your pardon. Senator i Butler has moved that Amendment No. 1 to House Bl11 3582 be tabled. Those in favor, say Aye. Opposede Nay. The Ayes have it, and the amendment is tabled. Any further amendmentsy Mr. I ll7 L.. .- . . ---- . . .  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May l9, 1994 Secretary?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. House Bill 3611. Senator Sieben. Senator Sieben seeks leave of the Body to return House Bill 3611 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Readlng is House Bill 3611. Mr. Secretaryy are there any Flcor amendments approved for consideration?

Amendment No. 1, offered by Senator Donahue.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment No. l to House Bil1 3611 deals with an issue With bankers. Most of us have found that the banks in our communities are having difficulty getting directors to serve because of the civil liability and the personal liability of these directors. This language simply gives civil liability -- kait. Sorry, linits their civil liability -- personal liability in the bankers -- directors of our banks. I would ncve for its adoption.

PRESIDING OFFICER: (SENATOR MAITLAND) A11 right. Is there dlscussion? Is there discussion? Senator Donahue has moved the adoption of Floor Amendment No. 1 to House Bill 3611. Those in favory say Aye. Opposed, Nay. The Ayes have itr and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?

Amendment No. 2, offered by Senator Sieben.

PRESIDING OFFICER: (SENATOR MAITLAND) 118  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 1994 Senator Sieben.

Yes, Mr. Presidentr would like to Withdraw Amendment No.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben seeks leave to table Floor Amendment N&. 2 to House Bill 3611. Is leave granted? Leave is granted. Any further Flaor amendments approved for consideration, Mr. Secretary?

Amendment No . by Senator Sieben.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

Thank you, Mr. President. Floor Amendment No . permits the issuance of surety bonds lleu of collateralizatlon requirement for trust funds awaiting investment. know of nc oppositicn. I'd move for the adoption of Flcor Amendnent Nc. 3.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there dlscussion? Senator Sieben has moved the adoption of Flocr Amendment Nc. 3 to House Bill 3611. Those in favor, say Aye. Opposedr Nay. The Ayes have and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?

No further amendments reportedr Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Al1 rlght, Ladies and Gentlemen -- Senator Donahue, for what purpose do you arise?

Thank you, Mr. President. Would just remind everyone that is on the Appropriations Committee, that we have a meeting in 2l2 immediately. The sooner we get down there, the sooner we can get  STATE OF ILLINOIS 88$H GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day May 19, 1994 out. so, Appropriations, 212, right now .

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Is there any further business to come before -- Senator Watson.

Yes. Yes, thank you, Mr. President. We have a Education hearing meeting at Room 212. So that's Room 212, here in the Capitol, tomorrow at 8:30. We want to get out by 9 o 'clcck, because I understand that's when we're coming into Session. Soy Education, 212, tomorrow, 8:30.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Any further discussion? Further dlscussion? Senator Dillard moves that the Senate stand adjourned -- 1'm sorry. Senator Philip .

Thank you, Mr. President. For a -- a point of informationr and -- and so everybody knows where we're going . And tomorrow we're in at 9 a.m. I hope that everybody would be on time. The - - the earlier we get started: the earlier we'll get out of here. As you know, the Hause have changed their rules once again - I think fcr the fifth or sixth times - I've lost track - and have extended their deadlines. It would appear that there's no reason for us to come back after we adjourn tamorrow till May 25th at 2 p.m, because they're not sending anything over. There's no joint action: so there's no sense in coming down here and Wasting taxpayers' money. Sc We Will come back on Wednesday, May 25th, at 2:00 p.m .

PRESIDING OFFICER: (SENATOR MAITLAND) All right. Further discussion? If nok, Senator Dillard moves that the Senate stand adjourned until Friday, at the hour of 9 a.m., May 20th. Senate is adjourned. 120 ;! .J =%' REPORT: TIFLDZY STATE OF ILLINOIS 9R/11/0M PAGE: 001 88TH GENERZL ASSEHBLY 16:42:23 ' SENàTE DAILY TRANSCRIPTION OF DEBATE INDEX HAY 19, 1994 HB-OORR RECàLLED PAGE 29 HB-0061 THIRD READING PAGE 30 I H8-0099 RECALLED PAGE 31 H8-0232 THIRD READIVG PZGE 32 I H8-0298 RECALLED HB-03V3 RECALLED PAGE PAGE 33 3: j HB-0381 RECZLLED PAGE V1 HB-0R10 SECOND READING PAGEh 6 HB-050M THIRD READING PZGE V1 H8-0539 RECALLED PZGE 4V H8-0696 0UT OF RECORD PAGE R5 HB-0TR2 RECALLED PAGE :5 HB-0902 RECALLED PAGE :7 HB-1129 SECOND REZDING PZGE 21 H8-1352 RECâLLED PZGE 48 HB-1391 RECALLED PAGE 10R HB-1513 RECZLLED PAGE 48 H8-1569 RECâLLED PAGE 50 HB-1594 RECALLED PAGE 51 H8-1635 RECALLED PZGE 53 HB-1705 RECALLED PAGE 55 HB-1705 THIRD REZDING PZGE 56 H8-1786 THIRD READING PâGE 63 H8-1853 RECALLED PZGE 64 HB-2010 THIRD REâDING PAGE 65 HB-2107 SECOND READING PAGE 23 HB-2107 ODT OF RECCRD PAGE 8 HB-2150 RECZLLED PâGE 73 H8-2221 RECALLED PZGE 105 HB-2y24 RECâLLED PAGE 107 H8-2631 SECOMD READING PAGE 8 H8-309% SECOND READING PAGE 1V HB-324V SECOVD READING PZGE 28 HB-32)4 0UT OF RECORD PAGE 15 H8-3278 RECâLLED PàGE 108 HB-3%5? SECOND READING PZGE 16 H8-3551 SECOND READING PZGE 17 H8-3582 RECALLED PAGE 117 H8-3587 SECOND REâDING PZGE 20 HB-3611 RECALLED PâGE 316 SR-1V76 RESOLUTION OFFERED PAGE k SR-1477 RESOLUTION OFFERED PAGE V ' SR-1)T8 RESOLUTION OFFERED PAGE V 5R-1479 PESOLDTION OFFEBED PZGE V SR-1R80 RESOLUTION OFFERED PAGE R SR-1k81 RESOLUTIOM OFFERED PAGE R 5R-1482 RESOLUTION OFFERED PAGE V SR-1k83 RESOLUTION OFFERED PAGE k SR-1Y8R RESOLUTION OFFERED PAGE V SR-1%85 RESOLUTION OFFERED PAGE V 5:-1486 RESOLUTION OFFERED PAGE V HJR-0157 RESOLUTION OFFERED PâGE 3 SUBJECT MATTER SENATE TC QRDER-SENATO; HEAVER PAGE 1 COMMITTEE REPORTS PZGE 1 RECESS PAGE 1 SENATE RECOVVENES PAGE 1 PRZYER-THE REVEREND JEFF CHITHOOD PAGE 1 JOURNâL-APPROVED PZGE 1 JOURNALS-POSTPONED PAGE 2 COMMITTEE REPORTS PZGE 2 HESSAGE FROH THE HOUSE PàGE 3 REPORT: TIFLDZY STATE OF ILLIVOIS 9)/11/0V PAGE: 002 88TH GENERAL ASSEHBLY 16:42:23 SENZTE DAILY TRZNSCRIPTION OF DEBATE INDEX MAy 19, 1994 SUBJECT HZTTER MESSAGE FRQM THE HOUSE PAGE 4 COHMITTEE REPORTS PAGE M AT EZSE PAGE 6 SEKATE RECONVENES PAGE 6 2T EASE PAGE 38 SENATE RECONVENES PAGE 38 COMHITTEE REPORTS PAGE 40 àDJOURNMENT PAGE 120