Illinois Senate Floor Debate — May 20, 1994

The regular Session of the 88th General Assembly Will please come to order. Will the Menbers please be at their desks, and will our guests in the gallery please rise. Our prayer today Will be given by Pastor Rick Wenneborg, Chatham Christian Church, Chatham , Illinois. Pastor Wenneborg.

(Prayer by Pastor Rick Wenneborg)

Reading of the Journal. Senator Butler.

Mr. President, I move that reading and approval of the Journals of Tuesday, May 17th and Wednesday, May 18th and Thursday, May 19th, in the year 1994, be postponed, pending arrival of the printed Journals.

Senator Butler moves to postpone the reading and the approval of the Journalr pending the arrival of the printed transcripts. There being no objection, so ordered. Committee Reports.

SenaEor Maitland, Chair of the Corm ittee on Appropriations: reports Senate M endment 2 to House B111 .8 Be Adoptedr M endment 4 to House Bill 9 Be Adopted, and M endment l to House Bill 1883 Be Adopted. Senator Watsonr Chair of the Committee on Educationy reports Senate Amendmenk 7 to House Bill 2638 Be Adopted , M endment 2 to House Bill 2642 Be Adopted , Amendment 6 to House Bill 3244 Be Adopted, and M tendment 3 to House Bill 3457 Be Adopted.

Messages .

Message from the President. 1  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20: 1994 Dear Mr. Secretary - Pursuant to Rule 2-10 af the Rules of the Illinois Senate of the 88th General Assembly, the Senate schedule should be changed to reflect this change: The Senate will not meet in regular Session on May 21st, 22nd# 23rd and 24thr 1994. ' A Message from the President. Dear Mr. Secretary - Pursuant to the provisions of Senate Rule 2-l0(e), I an extending the deadline for final action on the following categories of bills, with specific bills enumerated under these categories, to January 10, 1995: State's Bonded Indebtedness - specifically, House Bill 18827 and Economic Developnent - specifically, House Bill 2150. 80th Messages signed by President Phillp.

Messages fron the House. SECRETARY HARRY: . A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inforn the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I an instructed to ask the concurrence of the Senate, to Wit: House Bills 2459, 2691, 2928 and 3786. ' A1l passed the House, May 9 Ksic> (19), 1994.

Resolutions.

Senate Resolution 1487, offered by Senators Woodyard and Hasara . Senate Resolution 1488, by Senator Hall and all Members. Senate Joint Resolution 163, offered by Senator DeAngelis. And Senate Joint Resolution 164, by Senator Woodyard. Theyfre a1l congratulatory, Mr. President. ! 2  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994

consent Calendar.

Senate Joint -- or Senate Resolution 1489, offered by Senator Shaw. ' I*'s substantive.

On page ll, the Order of the Secretary's Desk, Resolutions. The intent of the Chair: to proceed to the Order of the purpose of taking up Senate Joint Resolution 157, which enables the State to satisfy a statutory requirement. Senate Jcint Resolution 157, sponsored by Senator Shadid. Mr. Secretary.

Senate Joint Resolution 157, offered by Senator Shadid. There are no committee or Floor amendmentsy Mr. President.

Senator Shadid, to explain the resolution.

Yes, Mr. Chairman, thank you, and fellow Senate Members. This resolution creates the Joint Committee on the Amendment of Child Witness, to prepare an...

Could we have some order, please?

By 1aw we have to form a committee - a joint committee - to prepare an explanation and argument on the consEitutional amendment for the ballot . so I'm requesting thaE this be approved .

Any discussion? Any questions? If notr Senator Shadidr to (tlose .

3  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20z 1994 Just request that the Senate approve it. 1 I

Senator -- Senator Shadid moves the adoption of Senate Joint Resolution No. 157. A1l those in favor Will signify by voting . Aye. Those opposedr.Nay. The voting is open. Hav: you al1 voted Who Wish? Have you a1l voted Who Wish? Take the record. On the question, there are 59 Ayesp no Naysw no voting Present. The ; resolution is adopted. Senator O'Daniely for what purpose do you rise?

Point of personal privilege. PRESIDENT PHILIP: I State your polnt. I SENATOR O'DANIEL: . Mr. President and Members of the Senater I'd like for you to help me congratulate my seatmate and dear friend, Senator Hallr on his -- I Won't tell you hoW o1d he is, but he's old enough. Senator Hall's birthday's today. Help me...

Well, Senator Hall, congratulatlons. Senator Hall, for What purpose do you rise?

Thank you. I just Want to thank a11 of you for this momentous day. 1'11 be seventy-nine todayr and almost thirty years ago that your Presldent and I came here together with Sam Vadalabene, the I ! late, and several of us that Were here, and We Went to the House. We did not know our Way around . 1* took me tWo months tc find out, in the back of the House Chamber, that there was a locker room over on the Republican side. So I always went down to the Second Floor. Thanks very much.

Well, Eenny, congratulations for seventy-nine wonderful years. I 4  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Wedve always been friends; we've always -- and I still have a problem finding the washroom myself, so youdre doing a lot better than I am. Congratulatiohs. Senator Donahue. Senator Donahue.

Thank you, .Mr. President. I would requesk, immediately, a Republican Caucus, and please, Ladies and Gentlenene get there quickly. And for the other side of the aisley it Would last approximately a half hour.

That request is always in order. We would hope -- hope to be back 'here no later than quarter to ten and nove ahead. I knov that you feel the way I do. This is a Friday. Everybody wants to get going. So we will come back here and do recalls, 3rd readings and a couple of resolutions, and hopefully get out of here in a short period of time. A1l right. There's a half-hour recess. We will come back at quarter to ten. (SENATE STANDS IN RECESS) (SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DONAHUE) o .. t machine cutoffl.p.have your attention. We are going to begin on 3rd Readingr so please -- if you're within earshot of my voice, please come to the Floor. We Wl11 begin with House Bills 3rd Reading.. Committee Reports.

Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measure has been assigned to committee: Referred to the Committee on Local Government and 5  STATE OF ILLINQIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 123rd Legislatlve Day May 20z 1994 Elections - the motion to concur w1th House Amendment 2 to Senate Bill 1083.

PRESIDING OFFICER: (SENATOR DONAHUE) House Bills 1st Reading.

House Bill 2691. (Secretary reads tltle of bill) The bill is offered by Senator Lauzen. Senator Peterson offers House Bill 2928. (Secretary reads title of bill) House Bill 3032, Senator Syverson. (Secretary reads title of bill) House Bill 3152, offered by Senator Ton Dunn. (Secretary reads title of bill) Senator Dudycz offers House Bill 3252. (Secretary reads title of bill) And Senate Ksic> Bill 4185, by Senator Tom Dunn. (Secretary reads title of bill) lst Reading of the bills.

PRESIDING OFFICER: (SENATOR DONAHUE) Resolutions.

Senate Resolution l65 <sic> (1490), offered by Senator Demuzio. It's congratulatory, Madam President.

PRESIDING OFPICER: (SENATOR DONAHUE) Consent Calendar. Messages from the House.

A Message fron the House by Mr. Rossi, Clerk. President I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the 6  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20z 1994 concurrence of the Senate, to wit: House Joint Resolution 158. Adopted by the House, May 19, 1994. It's congratulatory.

PRESIDING OFFICER: (SENATOR DONAHUE) Consent Calendar. Resolutions.

Senate Joint Resolution 165, offered by Senator Weaver. (Secretary reads SJR No. 165)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver moves to suspend the rules for the purpose of inmediate consideration of adoption of Senate Joint Resolution 165. Those in favor will say Aye. Those opposed, Nay. The Ayes have it. The rules are suspended. Now Senator Weaver moves for the adoption of Senate Joint Resolution 165. Those in favor, say Aye. Opposed, Nay. The Ayes have itr and the resalution is adopted. ...tmicrophone cutoffl...right. If I could have your attention. On page 3, at the bottom of the Calendar, are House Bills 3rd Reading. Senator Maitland, on House Bill 6. Mr. Secretary, read the bill.

House Bill 6. (Secretary reads title of bl11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

Well, thank you very much, Madam President and Members of the Senate . Just a brief comment, if I might. This morning we -- we will be offering in House Bills 6 , 8 and 9 , the entire State budget for FY'95. We have worked dillgently on this for -- for several days - actually several weeks noN . We are not certain what the House is going to do . This is a budget that , if -- if 7  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 1 everythinq we need to do in the next few days falls into place, will adequately fund al1 areas of State government. Obviously - ; I obviously - this budget is based upon -- on the plan to -- ta redo Medicaid and -- and fund our back bills. A1l has to fall together. If it doesn't, then other changes will be necessary in the budget. But We believe this is realistically. We are strongly asking for bipartisan support on this effort. And, Madam President, with those few comments, I would just simply say to you that House Bill 6, which contains the educational funding for this State for FY'95, is exactly the same as it was ln the forn that it left this Chamber - in the form of the Senate bills some weeks ago - and I Would seek your suppcrt, otherwise -- cr ask -- answer any questions that you might have. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Carroll. . SCNATOR CARROLL: Thank you, Madam President. We have several concerns, and following the line of Senator Maitland - Chairman Maitland - maybe We should make some general comments. And we 'll try and keep a11 commentaries short on -- today. The -- We have several concerns on this, the education funding, for What it does and for What it doesn't do: what it doesn't do, for example: in student transportation that ue would like to see very strongly; what it doesn 't do in truancy prevention programs and in early intervention programs and several other such areas that We've dlscussed thrcughout the process. I think I'11 incorporate by reference prior comments , rather than repeat them , and merely suggest at this time , slnce we have not even seen ye* in statutory form a Medicaid managed care plan , we find it hard to know what monies are available. We think there have to be more for certain areas, less for others. And I would suggest We are not yet prepared to support this plan: and would suggest ko our Members 8  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 that a Present vote would be most appropriate.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing nonee the question isr shall House Bill 6 Dass. Those in favor Will vote .. -' 1 Aye. Opposedy Nay. The voting is open. Have a1l voted who wish? . Have all voted who uish? Have a1l voted Who wish? Take the record. On that questionr there are 32 Ayesr no Nays, 27 voting : Present. House Bill 6, having received the required ' constitutional majority, is declared passed. Senator Maitland, on House Bl11 8. Do you wish to have this returned to 2nd Reading for the purposes of amendment? Senator Maitland seeks leave of the Body to return House Bill 8 to the Order of 2nd Reading for the purposes of an amendment. Hearlng no objection, leave is granted. On the Order of 2nd Reading is House Bill 8. Mr. Secretary, are there any Floor amendments approved for consideration? ! I SECRETARY HARRY: I 1 . Amendment No. 2, offered by Senator Maitland. :

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland .

Thank you very much, Madam President and Members of the Senate. Floor Amendment No. 2 to House B111 8 does make some addltional changes in this -- in House Bill 8, as it -- as We dealt with it -- from what we dealt With it a week ago. We -- we listened at length to testimony from -- from the Supreme Court and , frankly, were unable to get the answers - direct answers - on a number of questions. And I -- I'm not being critical of -- of -- of the Chief Justice, but we just fe1t that there was some answers that we didn 't get. We have -- We believe that we can take an additional ten million dollars out of the Supreme Courtr which still leaves them with over a ten-million-dollar increase 9  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 over PY 194 spending. It further restores two hundred thousand I dollars in General Revenue for the State Appellate Defender. And those basically are the -- the changes in -- in House Bill 8 and contained in thls anendment, and I would seek -- I Would move for . the adoption. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Senator Carroll. SENATOR CARROLL: Thank youy Madan President, Members of the Senate. And since I assume after this we'll move to 3rd Reading, 1111 make the comment now, instead of laterr so we can do it all at one time. We have some signlficant concerns with the cuts here; one is the treatment of a coequal branch of government. We had alwaysr in the past, tried to sit down with that branch - our fiscal officers with theirsy our chiefs of staff With theirs - explain to them that maybe they had too nuch in their budget. In fact, most years T felt they did. For example, funding a1l judges al1 year at full pay, when, in fact, that is not going to be the case. But that's not what happened this time. Nothing was discussed with the court's fiscal people. There -- and suddenly this amendment energes that in nany ways harns that which We've asked the court to do. And 1et me just mention two. One is binding mandatory I arbitration. I believe it was Chief Justice Ryan who first I suggested that - former justice, former chief - as a gcod Way to I ' unclog the court system, a court system that causes our constituents to Wait for years to redress their grievances. Mandatory arbitration has been working and working well; ye* this amendment cuts out a signifieant portion of that mandatory arbitration - something that truly concerns us. Secondlyy We had this fight for well over a decade of who will audit the court and the court's subparts. The Auditor General found, on at least two occasions, that the court did not have sufficient internal ! 10  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 auditors. The court this year budqeted for those sufficient internal auditors, pursuant to the finding of the Auditor General. This amendment cuts out those internal auditors. That, to me, seems a waste of money and flies in -- in contra to the creation I . we .made to the Auditor General of this State - a creature of the General Assenbly - and we 're not following a simple and economically sound suggesticn of that agency. I Would suggest it's faulted for those reasons: suggest it not be adopted. Would not demand a roll call now r but kould suqgest likewise that on 3rd I Reading those comments be the same and that we vote then. ' i PRESIDTNG OFFICERJ (SENATOR DONAHUE) ! ' Any discussion? Further discussion? Seeing none, Senator Maitland . Senator Maitland moves the adoption of Amendment No . 2 to House Bill 8. A11 those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. 3rd Reading -- any further anendments? SECRETARY HARRY: No further amendnents reportedr Madan Fresident. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Now, on the Order of 3rd Reading is House Bill 8. Senator Maitland. SECRETARY HARRY: House Bill 8. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland. SENATOR MAITLAND: Thank you very much, Madam Presldent and Members of the Senate. First of all, 1et me indicate that we arey frankly, very grateful that -- that now, continuing, Mr. Bilandic believes that coming before the Appropriations Committee is -- is necessary, I 11 I STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leqislative Day May 20, 1994 just as did Chief Justice Miller. So We appreciate that very much. ! . We just, frankly, couldn't get some answers to some questions, and -- and I think this bill will be around, obviously, for a couple of weeks yet, and -- and may need some further revision. But let me comment on a couple of things that Senator Carroll has mentioned with respect to internal auditing. We, frankly, have not affected that. We believe they will be able to -- to fund that with some savings from hirees; that they will be -- some lapse -- 1ag hirings, and the money will be there and they will be able to I E do that. With respect to mandatory arbitration, a11 we have cut - I listen to this, please - a11 we have cut is an expansion - an ! expansion - in Kane County. We have not affected any of the other mandatory arbitration funds in the State budget, which I I I think is in the neighborhood of seven million dollars. Madam ' l President, I would be happy to respond to any questions any i è Members might have. I PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing noner the question i is, shall House Bill 8 pass. Those in favor Will vote Aye. : Opposed, Nay. The Ayes have it -- or the voting is open. Have all voted who wish? Have all voted who wish? Have a11 voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 32 Ayes, none -- 32 Ayes, no Nays, 27 voting Present. House Bill 8, having received the required constitutional majorlty, is declared passed. Senator Demuzio, for what purpose do you rise? SENATOR DEMUZIO: Well -- on -- on a -- I guess a point of inquiryy I guess. PRESIDING OFFICER: (SENATOR DONAHUE) State your inquiry. . SENATOR DEMUZIO: You know, we don't have any objections to the fact that the 12  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 Senate President is waiving the rules on certain bills. Now, We found out about it this morning, I guess, by listening to radio, or I guess any good citizen could call over and find out. But this morning, the Senate President filed With the Secretaryr waiving the rules on the State's bonded indebtedness, 1882, House Bill, and House Bill 2150, waiving the rules to January the 10th of 1995, and CC'd it to your Parlianentarian. Don't you think as a matter of courtesy that we ought to get a CC saying that we have -- of the actions of the Senate President? I meanz that's a11 we 're asking for. Our -- our staff had to go down to the Senate Secretary's Desk and pick up a copy. It just seems to me We're conducting the public's businessr and we are certainly entitled to knowy just as a matter of courtesy. And I would llke to bring that to your attention and ask that in the futurer that We receive a carbon copy of the Senate's correspondence With respect to at least the Waivers on certain bills that are to be voted upon by the Senate.

PRESIDING OFFICER: (SENATOR DONAHUE) Thank you, Senator Demuzio. I'm sure your comments Will be duly noted . On the Order of 3rd Reading is House Bill 9. Senator Maitland, do you seek leave of the Body to return that to 2nd Reading for the purposes of amendment? Hearing no objectiony leave is granted. On the Order of 2nd Reading is House Bill 9. Mr. Secretary, are there any amendments approved for consideration?

Amendment No. 4, offered by Senator Maitland.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitlandr on Amendment No. 4.

Thank you very much, Madam President, Members of -- of the Senate. Let me indicate a couple of the major components of -- of 13  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 this amendment, and then would be happy to respond to any questions that any Members might have. There Was some concern about the twenty million dollars we had taken out previously of the State's group health policy. We are restoring ten million dollars of that. I believe we, at this point then, would be budgetinq roughly a thirty-five-million-dollar shortfall for -- for FY '95. In addition, we are adding nlnety-eight thousand -- nearly ninety-nine thousand dollars in General Revenue for the operation lines of the Department of Energy and Natural Resources' Museum Divisian. We believe that the cut we made last week Was too severe, and we -- we had -- so we add that money back in. In addition: we are -- we are taking an additional eleven -- eleven million four hundred forty-one thousand out of the Road Fund. We, frankly, believe that thaE -- that -- that the operatlon side of the Road Fund is -- is still too large. That money obviously stays in the Road Fund . Wedre nok cutting that or taking that anyplace: except to say that that eleven million dollars will translate into more asphalt and concrete and hopefully be used for road projects. The -- the total gross reduction from operations in the -- ln the Road Fund would be in the neighborhood of twenty-five million dollars. Madan President, I Would be happy to respùnd to any other questions that the Members might have, otherwise would move for the adoptlon of Amendment 4.

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

Just to identify, we don't like the amendment. We Will be making our comments on 3rd Readlng.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland has moved the adoptlon of Floor Amendment Nc . 4 to House Bill 9. All those in favorw say Aye. Oppoéedr Nay. The Ayes have it. The amendment is adopted. Are there any further 14  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 amendments cansidered for consideration?

No further anendments reported, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readinq. Now on the Order of 3rd Reading ls House Bill 9. Mr. Secretary, read the bill.

House Bl11 9. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

Madam President, I think everyone knows what's -- What's in this bill now. This contains a number of major State agencies. I would be happy to respond to any questions any Members might have.

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

Thank you, Madam President. I rise to voice concern about various components of this bill. I hope Menbers Who have area centers on aging realizes that this bill will move one and a half million dollars for the suburban area agencies on agingz but for anyone who has a downstate area, you -- We are left out. We also reduce the additional funds requested for elder abuse and neglect by thirty-four percent, leaving a -- a caseload too high to deal with. We reduce the doubling of drug and alcohol abuse services for referrals from DCFS by twenty-five percent. We eliminate one and a -- 1.4 million dollars in funding for compliance With the Federal ADA Act. We eliminate a million to -- in funding to provide specialized placement services for pregnant and parenting teens - one more court decree that's being ignored: Hill v. ' 15  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Erickson. For those who are concerned about job training and I retraining, this amendment reduces by five million the industrial training progran - something that flies in the face of meeting *he competitlveness that we must meet if we, as a State, want to nove forward . And for -- for those who are concerned about roads, I've . been around here long enough to hear the hue and cry about reductions in the Road Fund, and this is one more reducticn. But I'm not hearing the hue and cry from the other side that We heard just three or four years ago. It does reduce the Road Fund by 16.1 million dollars. I think this -- the amendment contained in -- in House Bi1l 9 moves us in the wrong direction, and I would urge a Present vote .

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Carroll.

Thank you: Madam President. I too rise in opposition to House Bill 9 in its current form . And in echoing the comnents of Senator Severns, 1et ne just add to it that I am concerned - We are concerned - we should al1 be concerned - With the elimination of the alcohol and substance abuse prevention services, which are now eliminated, by way of Republican amendment, from twenty communities that had previously been unfunded and Were supposed to be funded this year. Additionally, as happened when they Were Senate bills in the Senate: it eliminates five of the six pilot-site drug abuse and gang crime programs throughout the State. While an earlier version specified Rockford only, this does not, but it's quite clear that Cabrini Green, which I think anyone in this State recognizes has a problem of gangs and drugs and crtme, would no longer have this pilot program available to them to try and do something about it. And unfortunately, Cabrink Green is not alone in this State. To tàke out pilot programs around this State, causing more crime to be allowed to be 16  STATE OF ILLINOIS 88TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 i committed because of our inaction, is not something I belleve this General Assembly shculd be'about. Wlth State employees on eheir insurance - wefre still ten million short. This has been a perennial problem. We've all participated ip it. It's time to stop that and say that if you work for the State, it should be no . different than if ycu work for private enterprise. ' Your bill's got to be paid for medical care, for a11 kinds of -- of benefitg that you're paying for as a State employee, wefre paying for as State enployees. I'm a little tired of getting hounded by hospitals and doctors because the bills weren't paid by the Stater and once again, we're shorting it. Children and Pamily Services - absent a director doesn 't matter. We're still cutting back on the caseworkers for targeted case nanagement. Sure, it's a lag, and they haven't done their job. But if they ever get somebody in there who might be able to do the job, we're kind of tying their hands a little bit. Also, I thought we were in the business of trying to do industrial training programs, to try and do something for the economy of Illinoisr but once again, this cuts five million dollars from industrial training grant and also monies from statewide tourism promotion - basically, downstate tourism promotion. And let's look at What else it does. It takes money from the implementation of the Americans for <sic> Disablllties Act and says to Quincy, Danville, Western Illinois, College of Dupage, and, yes, Springfield with the display of the Gettysburg Addressr that those chicken or - if it was not my district - pork barrel prcjecEs are more inportant than Gtatewide compliance With the Americans for <sic> Disabilities Act. That and a 1ot of other items in this proposal, to me, nake it fatally flawed, and I suggest it should not pass.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Hendon.

17  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leqislative Day May 20, 1994 Thank you, Madam President. I too rlse in opposition to House ! i Bill 9, and there are a 1ot of things in here that we need to be 1 leery of. My colleagues have pointed them out. I just Want to add Ehat I am very, very disturbed, in this era where We continue to pass a11 these tough-on-crime bills and lock 'em up and throw. away the key and build new prisons, khat we cut prevention; we cuk therapeutic care for troubled youth; we -- ke -- we cut job training. It makes absolutely no sense in the world, to me, to cut al1 the things that Will keep young people from going to the penitentiary in the first place, and just continue to think that we can build prisons, and build prisons: and build prisons, and build our way out of this problem. We cannot do it. I can't even sit here, in a1l good conscience, and vote Present on this particular bill. I have to vote No. I can't even go along With - - with -- with this side of the aisle and vote Present on this one, because it is so bad; it is so cruel. And -- and I hope that the sponsor does not take my comments personallyw because they are not meant to be personal, because he has a job to do and I guess this is his job, to carry thls very, very badr cruel piece of legislation. And I urge not a Present vote, bu* I urge a No vote on House Bill 9.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none, Senator Maitland, to close.

Thank you very much, Madam President and Members of *he Senake. I -- I think perhaps it -- it has -- this is the last -- this is the last third of -- of the budget now - the last and final bill. And you -- you've listened now , and I think you've listened carefully, to the Senators on the other side of the aisle telling you how badly we have affected this budget. Let me first of a11 say to you that ln the event - in the event - we do not i 18  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 deal within the next few weeks with Medicaid and the funding of ' our back bills on Medicaid, this budget Will be substantially cut I before we finally leave this Chamber. That is the reality, Ladies and Gentlemenr of what we are doing here today. Weive heard the hue and cry from the other side of the aisle that the minor adjustments that welve made in this budget are going to, in essence, kill society; we are but cruel people. You Will be the cruel people, 1et me say to you todayr if you don 't work with us as we have asked you day after day after day to do, to deal with the problems that We are facing in State government. Medlcaid is not a Republican issue; it is not a Democratic issue. It is an issue that we both share. The Governor of this State has advanced a program that gl11 move us into nanaged care to address systemattcally and logieally wkth Medicatd. We have asked you ttme and time again - time and tlme again - if you don 't like the program the Governor has advancedr help usr Work with us. Don 't be political about this issue. Wedre a1l on the same team . So. remember - remenber - if we don't deal with the issue: this budget will be cut substantially, and then We '11 have to respond to the questions. Now, let's address some of the issues that some of the Members on that side of the aisle mentioned about this budget. Aging, Senator Severns, up six percent - up six percent over FY'94. Terribly cruel budget, isn 't it? Up six percent. DASA? We talked about DASA and the terrible cuts in DASA? You know hoW much DASA is up over FY '94? Seventy - 70 - percent. Very cruel budget. DCCA - ITP grants up twenty-two percent over last year. Is it at the level that we'd like for it to be? No. But that's certainly not going to destroy the economy, by having only a twenty-two-percent increase. DCFS, Senator Carroll, up 5.3 percent in General Revenue - thirty-five million dollars of new General Revenue dollars. Very cruel budget. Total increase in l DCFS - eighteen percent increase. Senator Severns, you know the I 19  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Road Fund as Well as I do. We simply are taking money out of the bureaucracy and putting it into concrete and asphalt. I Would think the people in Decatur and in your district would like to see us do that - move toward more money for road projects. We believe that budget is bloated. And I think you should too. That means projects for State government. Oh yes, by the Way, do you renember the four hundred new prison guards we put in this budget? We worked as a team together on this. No one nentioned that over . there. Four hundred new prison guards, badly needed. Terribly ' cruel budget. I would suggest ta you that this is a very caring budget. It represents substantially the Governor's budget as introduced - some minor adjustments that, frankly, both sides of the aisle would agree With. This is a two-level process - the Executive Branch and Legislative Branch. This is our blueprint. We'd love to see this budget go to the House, be enbraced and carry with it Medicaid reform and get us out of here in a few short days, and it could happenr my friends on the other side of l the aisler if you'll join with us in a bipartisan way. And let's move State government forward. I seek your support of House Biïl 9. PRESIDING OFFICER: (SENATOR DONAHUE) i I The question is, shall House Bill 9 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have all voted Who wish? Have all voted who Wish? Have al1 voted who wish? Take the record. On that questionr there are 33 Ayes, 4 Nays, 22 voting Present. House Bill 9, having received the required constitutional majority, is declared passed. Senator Mahary on House... Senator Mahar, on House Bill 44? Madam -- or, Mr. Secretary, read the bill.

House Bill 44. (Secretary reads title of bill) 20  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator -- or, Senator Mahar.

Thank you, Madam President and Members. The first part of this bill deals with something that we initiated a number of years ago to allow for energy-saving retrofits in local governments and whatnot. We gave a ten-year recapture period for that, and we found that for the same instances in State buildings, it's seven. So that merely takes -- puts the State buildings in the -- in the sane time frame as other units of government. The amendment, which We put on yesterday, is clarifying in nature and indicates at what point the ten-year period begins and ends. There is no opposition, and I'd ask for your support.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none , the qu'estion is, shall House Bill 44 pass . Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have a11 voted who wish? Have a1l voted who Wish? Take the record . On that question, there are 57 Ayes : no Nays , none voting Present. House 3i11 44# having received the required constitutlonal majority, is declared passed. Top of page 4 is House Bill 99. Senator Berman? Mr. Secretary, read the bill. SECRETARY HARRY : l House Bill 99. (Secre*ary reads title of bill) 3rd Reading of *he bill. PRESIDING OFFICER: (SENATOR DONAHUE) I ! Excuse mer Senator Berman - one second. Senator Maitland, fcr what purpose do you rise?

Madam President, just a comment. As -- as you know, I have a 21  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20y 1994 - - a malfunctioning button here, and it -- it didn't function ! agaln. I would have voted on -- ln the affirmative, and -- in the ' I affirmative, had I -- had my button Worked: I Would have voted in ' the affirmative. Thank you very nuch.

PRESIDING OFPICER: (SENATOR DONAHUE) ! The written record Will reflect -- or the eleetronic record will reflect. senator Berman, on House Bl11 99.

Thank you, Madan President. Before we get to Hcuse Bill 99# senator Maitland, T just want to tell you thae JoAnne has talked ! to me about your nonfunctloning button. Thank you, Madam President. House Bill 99 creates the International Anti-Boycctt Certiflcation Act. It sets out the requirement that contracting parties with the State certify that neither they as contractors or affiliated conpanles are participating in the international boycott outlawed by Congress. I want to thank Senator Rauschenberger, who chaired a subcommittee on this bill, Senator I ! Geo-Karls, Chairman Dunn - Ralph Dunn, and I want to acknowledge that this bill is now eosponsored by the sole Arab-American legislator in the Illinois General Assembly, Senator George ; Shadid, which signifies the kind of cooperation that we have here, ; ' 2 which we hope ls moving forward slmilarly in the Middle East. I'd be glad to respond to any questlon, and I solicit an Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Rauschenberger.

I Would just like to rise in support. We did have a full subcommittee hearing and the proponents and opponenEs worked very hard to come with this compromise. And this ls another good piece of Berman legislation. PRESIDTNG OFFICER: (SENATOR DONAHUE) ' Any further discussion? Further discussion? The question is, 22  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 i . shall House Bi11 99 pass. Those in favor will vote Aye. Opposed, . Nay. The voting is open. Have all voted Who Wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 99, having received the required constitutional majority, is declared passed. Senator Mahar, on House Bl11 298? Madam Secretary: read the bill.

House Bill 298. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senakor Mahar.

Thank you, Madam Presldent and Members. There 's two parts to this bill. The State of Illinois had ratified a couple of amendnents eo the Central Midwest Radioactive Waste Compact Act which have not been ratified in turn by the U.S. Congress. So this stays the enforcement of those anendments, and will allow us to continue to monitor the type of low-level radioactive waste khat comes in and leaves our State, and it prohibits the disposal . ! of this material in Illlnois, except at a facility licensed by the Department, at which time there are two . The second part of the bill is an amendment that we put on yesterday, and lt deals with boiler and pressure vessels that are under federal regulations at nuclear plantsr or nuclear facilities, in Illinois, and does not exempt them from State regulations. And this applies to Fermi Lab, Argonne National Lab and Site A in Palos TcWnship, and it authorizes us in the State to lmplement the federal treatment plans. It creates a fund to allow us to acceptr apparently, three-hundred-and-fifty-thousand-dollar grant khich is coming to khe Department of Nuclear Safety. It also corrects a situation in 23  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leglslative Day May 20, 1994 a recent audit. We were criticized With the way we uere receiving fees, and this takes that correction into account, or corrects that problem . There has been no opposikion to this bill. know of no opposition, and I would ask for yaur support.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Senator Shadld.

Point of personal privilege, Madam Chalrman.

PRESIDING OPFICER: (SENATOR DONAHUE) State your point.

I was I Was out of the room for a secondr and I Wanted to vote on that House Bill 99. I'd like to be recorded as voting Xes on that, please.

PRESIDING OFFICER: (SENATOR DONAHUE) The electronic record will show. Senator Mahar has requested that House Bill 29 -- 28 pass. The question (s, shall House Btll 28 pass. Those in favor -- 298. House Bill -- do. The question is, shall House Bill 298 pass. Those in favor Will vote Aye. Opposed, Nay . The voting is open. Have a11 voted Who Wish? Have a11 voted who Wish? Yes. Have a11 voted who wish? Take the record. On that question, there are 58 Ayes, no Naysw none voting Present. House Bill 298, having received the required constitutional majority, is declared passed. Senator DeAngelisz on House Bill 343? Madam Secretaryy read the bill.

House Bill 343. (Secretary reads title of bill) 3rd Reading cf the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngells. SENATOR DeANGELIS: 24  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 Thank you, Madam President. House Bill 343 still has in it the -- the ability of a mayor or the chlef executive officer to remove an appointed officer, but as amended, it also, in the -- in the County of Cook, prohibits the placenent of more than tWo percent of Section 8 Housing in any community, unless approved by the local government. Be happy tc answer any questions.

PRESIDING OFEICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Senator del Valle. SENATOR dEL VALLE: Thank your Madam Chair. Senator DeAngelis, what is the purpose of the amendment liniting the placement of Section 8 units to two percent in any municipality in Cook?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: That's an excellent question, Senator de1 Valle. As you know, about fifteen years ago, uhen Section 8 was developed, it was a response to the ability of low-income people to be -- to live in any area of any part of the county they wished to, provided the housing was available. The formulary for doinç that ls a fixed amounE based on the size of the house - two bedroomr three bedroom and so forth. There have been pecple out there who have taken advantage of this by having substandard houslng units and taking the inflated rent they receive and then caused a situaeion which resegregation has occurred, whieh has totally defeated the purpose of Section Section 8 WaS designed to have low-income people placed throughout the whole county. And in the last ten years, the najority of the section 8 Housing has been in the south suburbs. We have communities that have twenty to 'twenty-five to thirty percent of their total rental units in Section 8. We have people that advertise a house for sale and then jack up the price because they 've got a Sectlon 8 -- they could take in Section 8 25  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 residents, totally defeating the whole purpose. The Gautreaux decision out of Chicago clearly stated people ought to be able to go where housing is available. ehe point of the matter is, it's a11 now gathered around certaln areas, and the whole purpose of scattered housing has been defeated. PRESIDING OFFICER: (SENATOR DONAHUE) Further -- Senator de1 Valle. SENATOR dEL VALLE: Well: Senator DeAngelis, I kould agree that scattered-site housing and Section 8 has not been evenly distributed - not only ' I . . ! out in the suburbs, but also in the City of Chlcago. But the two-percent linit seems to me to be extremely, exkremely low. Now, in the amendment, the language reads, if the number of rental housing units in any such project exceeds two percent of the total number of rental housing units in that other municipalityr the housing authority may exercise powers under this Section to limit. Now, does that mean that one particular building that has, for exampler eight, ten, fifteen units, is limited to kwo percent Sectlon 8? Is that what this neans? Or are We talking about the entire area? Is it by individual building or the entire area? I PRESIDING OFFICER: (SENATOR DONAHUE) . Senator DeAngelis. SENATOR DeANGELIS: It's Within the municipality, Senator del Valle. PRESIDING OEFICER: (SENATOR DONAHUE) ' Senator del Valle. SENATOR dEL VALLE: Well, that -- that's not the way I read this. The Way I read this ls that each individual project. PRESIDING OEFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR dEL VALLE: ' j 26  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20' 1994 Now, how do you define ''project'? Can you define ''project' for me, -- as it appears in this amendment?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Senator de1 Valle, this bill passed ten years ago out of this Body 55 to 1. The intent's been clearly stated. It is not by building . It's -- you read the Whole bill ln its entiretyr it applies only to a municipality. The total number of units cannot exceed two percent. Now, they can be a1l ln one building, which I don't favor. But the fact of the natter is, the total amount of rental units within a community cannot exceed two percent.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator de1 Valle. SENATOR dEL VALLE: Well, Want to stand in opposition to this bill. think there is a problen with the definition here of 'project''. think that this could be broadly interpreted: and some would probably want it that way. We have a serious problem finding affordable housing for people in Chicago and outside of Chicago . We have a director of the CHA and We have a secretary of HUD Who have indicated clearly that we must distribute low-income lndividuals residing in affordable units and that that distribution should be done through scattered sites and through Section 8 rent vouchers. That's the way We should go. Now what I see this bill doing is, in anticipation of that effort to do more of a distribution, We are now going to be placing restrictions, making it difficult for us to accomplish that goal that I think ls the way to go. mean, we're nat going to succeed With public housing if it is concentrated in areas like the Cabrini Greens and the Robert Taylors of -- of the world. So I -- I Would say that see this as limiting, rather than helping. 27  STATE OF ILLINOIS 88TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Geo-Karis.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yieldz Senator Geo-Karis.

Is the language kn there about the -- amending the Munkctpal Code, authorizing any mayor or president to remove an appointed officer fron office?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Senator -- Senator Geo-Karis, that language is still in there.

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

Did you -- would you explain that particular paragraph?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Senator Geo-Karis, -- lt's exactly as it is in the analysis that youfre reading.

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

I just want to say for Ehe record from now on, that I may have a conflict of interest, slnce I served as a mayor in the past, and 1'11 vote my consclence.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Collins.

28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 Senator DeAngelisg 1et me just sort of follow on the line of Senator del Valle and -- and raise the issue here With you cn -- on the two percent. I've served on several intergovernment connittees, looking at the problem of unenployment for low-skilled, unskilled people. One of the problems that -- I mean, Which further compounds their problemr ls the lack of access to the jobs in the collar counties, around Cook County and suburban Cook. And begause of the lack of adequate transportation means -- I want you tc listen to me, because this is -- this issue is -- is broader than -- if you take and look at it in a -- in a - - in a more global kind of way, you would see the folly in this whole measure here. Notuithstanding the -- the -- the opportunity here to -- to take this into another context of discrlmination and any other kinds of accusation that one may want to bring against this particular issuer there is a fundanental problen here with the whole issue of employment. One of the things that we had attempted to try and do uas to get the people from the City off of welfare, to the suburban areas where the jobs Were. There was a study at the tine that indicated that in the collar counttes and around Cook County, there Was a surplus - a surplus - of low-skilled, unskilled jobs, but there Were no means for the people in Chicago on welfare to access those jobs. So the nore rationable <sicl, sensible plan would have been to establlsh more opportunities for housing in those areas. This bill would prohibit that program and that process from taking place. That's what you're doing. Youfre not just limiting -- yes, you ares because the people who occupy the Section 8 homes are low-income people, often people -- 1oW skills, and that's how they qualify for it -- for these jobs. And many of these people are on public aid. I thought the emphasis over there, just as over herer Was to move people off of the welfare rolls. Well, by George, you cannce keep lntroducing bills that -- that -- that -- that gets in the 29  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 way or impede our progress toward that goal. This bill, in effect, does that. We should be expanding scattered sitesy not limiting them. Yes, you are. You -- you said two percent. It says two percent . You know, I don't understand. What do you ! I meanz it doesn. 't limit? It does limit. If the jobs -- if you had... PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR COLLINS: ...the percentage o 'f jobs in -- in a collar county - unskilled jobs - the proportion of people moving to that area should reflect the needs -- the employment needs in that area. We should have no limits at all. PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Senator Collins, would you please, please - and Senator Hendon - read the bill. The Section 8 permits are given out by the Housing Authority of Cook County. There's a finite number of permitsr period. These communitles don 't give out the permits. There's a flnite number. In fact, in total in suburban Cock, there are only thirty-eight hundred permits. Now, 1et me tell you what happens. Let me tell you What happens. Let me just read you some statistics. Over half of the Section 8 families live in only seven - seven - of a hundred twenty communities in Cook County. Seven communities. Seven communities. Thatls all. And over ninety percent of the Section 8 Housing is for African-Americans. It's not a question of reducing the number of units; you don't have that control. That control sets With the Housing Authority. What happens is, they al1 go to one place, which is substandard to begin with, and the landlord is enjoying exorbitant rents because they -- they could turn around and do it. This says - you know i 30 !  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 What, folks? - everybody's got to take these people Who have these permits. Not these seven communities. Dces not reduce the number of units. Man!

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.

Senator, I would appreciate it if you take a laok at your amendment that you put on yesterday. on this amendment, senator, it does say - 1e does put a limit. It says -- on -- on page 7. I Do you have the anendment there? Look at the amendment, Senator. 0n page 7 of the amendment, could you take a look at -- starting at line 8. PRESIDING OFFICER: (SENATOR DONAHUE) 1 Go on, Senator Collins. SENATOR COLLINS: i I It said it cannot -- it cannot exceed two percent of the total rental units within any local municipality. So What do you mean it's not liniting it? i

PRESIDINC OFFICER: (SENATOR DONAHUE) Senator DeAngelis. ! SENATOR DeANGELIS: Let me try to go through this. First of all, 1et me point out, Senator Collins, that this ls at the request of African-American mayors from my area. Okay? Nowr the -- the people that linit the number of Section 8 permits is not the i munlcipality; it's the Housing Authority of Cook County, Who says, ''We can't do anything about this terrible problem. We dre aware of it, can't do anything.'' Nowr a municipality can say, nI'm only going to take tWo percent of my rental units.'' That does not destroy the number cf Section 8 permlts. It only says you can't have more than two percent in one community, unless the municipallty says that it's okay. That's all. It does not -- at 31  STATE 0P ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 ! i thirty-eight hundred units is -- I mean, there... ' j PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator Weaver, for vhat purpose do you arise? SENATOR WEAVER: I Would move the previous question. PRESIDING OFFICER: (SENATOR DONAHUE) That polnt is always in order, Senator Hendon. Senator Collins, you have the Eloor. SENATOR COLLINS: Thank you very muchr Madam Chair. Senator DeAngelis, no matter how you preach, no matter what you say, this bill is simply limiting the number of low-income units in a municipality to two percent, and that's where the problem lie. You keep saying it doesn't exist, and it doesn't make any sense for you to say that. 1* does exist, and I would ask you and urge you -- if you are really sincere about getting people off of the welfare rolls and an opporeuniey to work, you have to make sure that they have adequate housing where the jobs are. And that's as simple as that. I thtnk we should defeat this amendment. PRESIDING OFFICER: (SENATOR DONAHUE) Purther discussion? Senator Jones. SENATOR JONES: Yeah. Thank you, Madam President. And just a feW comments on -- on the bill. When you -- When We look at employees, ue look at subsidized housing - affordable housing. Half the State employees in thls State Would quallfy, if they Were available, for a Section 8. Section 8 -- Section 8 deals with rent subsidy for those persons who are working. And they are not always considered working poor. Matter of fact, half -- half the staff on both sides of this aisle would qualify. But when you begin to put a limit -- a limit on -- on -- on the individualw based on his income, where you are living, then you have What you call ''class . ! 32  STATE OF ILLINOIS 88TH GENERAL ASSZMBLY REGULAR SESSTON SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 legislation''. What the Senator is attempting to do - and it doesn 't mean low-income - what the Senator is attempting to do is that if you're making twenty-flve thousand dollars a year, for example, but the rent in a certain area is so high, if you can -- you .cannot live there, because he's placing a cap on the number of persons who earn a certaln amount of noney to live in that community. So, I mean, thës is class legislation. I don 't think this Body should be in the pcsture of -- of trying to decide where people live, based on their income. It has nothing to do With the Welfare piece of it, Senator Collins, but -- but when you try to restrict a person based on his income, where he shall live, then I don't think this Body or any other legislative body should be in a position to pass class legislatlon. And it's wrong, and this bill should be defeated.

PRESIDING OFFICER: (SENATOR DONAHUE) I Further discussion? Senator Shaw. i

Thank youy Madam President. W111 the sponsor yield?

PRESIDING OEFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Shaw .

Senator Giglio, what percentage -- could you tell us -- could -- oh: I'm sorry. DeAngelis. ! PRESIDING OFFICER: (SENATOR DONAHUE) ! i i Senator Shaw. I SENATOR SHAW: ! I I Could you tell us what percentage -- what percentage of the south suburb have -- what percentage of Secticn 8 houses is in the south suburb?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: 33  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 The total for the south suburbs for Cook County is seventy I percent. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. . SENATOR SHAW : I -- I don't think I heard you correctly. PRESIDING OPFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Seventy percent. I might add another statistlc, however; that of that seventy percent, ninety percent sits in three communities that are predominantly black. PRESTDING OFFICER: (SENATOR DONAHUE) Senator Shaw. SENATOR SHAW: Senator DeAngelis, kould you be amenable -- and I understand What you dre trying to do. One of my nayors awakened me this morning at my hotel, talking to me about this legislation. I understand what you're trying to do, but this bill have to return to the House. Is that right? Would you be amenable to working out an amendment where that maybe we could say something to the effect that there should be no other Section 8 houses in the south suburb, where they al1 seem to exist, until the rest of the county has complied with the -- with the law? ...lmicrophone cutoffl... PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. SENATOR SHAW: I don't know...tmicrophone cutoffl...would be the amendment or not, but certainly I'm amenable to trying to Work out something on this legislation, because I understand the problen that exists, but it seems to be a problem With the -- the last amendmentr or the bille as -- as it's written. And certainly I wanf to 34  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT . 123rd Legislative Day May 20, 1994 i accommodate the peopler and I've talked to many people in my community out there about this problem. And would you work With me and the House sponsor, in terms of trying to work out some legislation on this amendment? . IRESIDTNG OFFTCER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: I ! Well, Senator Shawy certainly I would work with you. I'm not ' ! so sure that -- that that -- that creates more problems for Senator Jones and Senator Collins, if youdre going to turn around and prohibit. This bill does not prahibit, you know. And I wi11 address in the closing some of the fallacies, but I Will work With yo hen the bill goes over to the House. It's got to go to i u, yes, W I ! khe House -- back to khe House. PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Senator Shae. SENATOR SHAW : Yes. What -- I think what we are talking about here -- and I I think most people have a full understanding that you're limiting I i : the rental units to two percent: and khen you lre leaving it to the : mayors to make *he decision on the other units, if they're rented. I think most of us here understand that. What the problem with that is, is most -- or it's assumed that most mayors in these towns will not allow those people -- people to come in, whether they are the twenty-five-thousand or they are the ten-thousand people. I think thatls the issue here. I think that the problem that we have -- and to the -- to the bill itself: The problem that we have in the south suburb is that seventy pereent of the rental units that exists are located -- twenty-five percent of them are located in Harvey, Illinois. Now, that creates a problem for that mayor cut there. I understand that, and I think every Menber of the Body understand that. But as Senator Jones has 35  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20y 1994 pointedout,thatweshouldnot be in the business of -- of 2 I passin: class legislation, or what's presumed to be class legislation, here. Let's work it out where that it will benefit I a11 of us, in the south suburb and the rest of Cook County. And I : i . . think this is -- Will be beneficial to this entire Body and to a1l of Cook County. PRESIDING OFFICER: (SENATOR DONAHUE) : Further discussion? Senator Palner. SENATOR PALMER: Thank you, Madam President. I'd just like to sort this out a ' 2 minute and then support the recommendation that Senator Shaw said. . ' ! I have a list in front of me ranking the towns by the number of Section 8 family units in them, and T do recognize What Senator DeAngelis is saying . There is a concentration of them y according to the -- this list, in the south suburbs. The problem With this ! leglslation ls that it is taking that problem and then putting a q cap, in many respects, on the entire county. It kould be better, it seems to me, given that we are talking every day in this Chamber and in the federal government about demanding I ! self-sufficiency from peopler about opening up options for them , ' thatwe--ratherthanthis: this Body has an opportunity to j figure out how to disburse Section 8 Housing and other housing throughout the entire county. I represent a district Where there are Section 8 Housing, but I also have a very yealthy area around i ! the University of Chicago. So in a small wayr we have the same problem. I wouldnotllketosee--inEheSouthShorearea,for j example, where South Shore Bank has becone one of the models of ! I being able to turn a cofnmunity around , I would not like to see that hampered by having class-based housing . Their effort is for af fordable housing . So I think we have an opportunity here . I l agree with Senator Shaw. Let 's not even have anything that smacks of the old way, if you '11 recall, of the restrictive covenants , 36  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20: 1994 and, unfortunatelyz this smacks of that. And I don't think that's what your intention is. I know you to be a person who is trying to solve problems. Let's look at this in a different way and talk about disbursement.

PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Senator Hendon.

Thank you, Madam President. First of all, I'd like a little decorum in this room, because this is probably one of the most important pieces of legislation that we dre going to vote on today, barring none. I want to make it clear to the sponsor and to the Members of this Bcdy that I have read thts legislation - thoroughly . And the sponsor of this legislation does not have a nonopoly on reading, and understandingy and interpretlng legislation. Now, I don't know why everybody on this side of the aisle is being so nice about this bill and trying to be -- I understand statesmanship and a11 of Ehat, but let's call this bill what it is. This ts a raclst bill. That's What this bill is. This bill is in direct response to CHA -- the Chicago Housing Authority's attempts riqht now to denclish public houslng and give people another opportunity, a different opportunityr to live somewhere else. Now, I am aware about the problem in the south suburbs, but what this sponsor is doing is pimping that situation. He is taking advantage of the problem in the south suburbs to deal with discrimination and to foruard segregation. Now, if Senator DeAngelis was sincere about what he was doing, he would say what Senator Shaw said: that no addttional Section 8s could go in certain areas that already has an overabundance. But he's not doing that. I have a list here that names a number of communities, of a 1ot of communities, that have no Section 8. Why are they in this bill? Because this bill is a segregationist bill. Thatfs what it is. Now T uant you to know scmething: T am 37  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20e 1994 one black man that does not want to live in Senator DeAngelis' neighborhood. I want to stay on the west side of the City of Chicago. So I don lt Want anybody in this room to think that everybodg in CHA wants to be moved to the suburbs. I have a bill that's sat in Rules, and been in Rules forever, that says if this Lane knocks down public housing in Chicagc, that the local elected officials -- he has to work with us to build the people sonething new in the community. And that's where the people that live in my public houslng want to stay . They don't want to move in your nelghborhood. Believe me. They dondt. ''Guess Who 's Coming to Dinner?'' is an old movie. It's went out. It's went out. We'11 stay where We want to, but we don't wank nobody nobody has ehe right to dictate to the people who do want to live in the suburbs or do want to move out, that they can't. A vote for this bill is a vote for racisn. A vote for this bill is a vote for segregation. That's vhat it is. In 1994 T would like to think that we have grown abcve this, that We have grown above a11 these Mames. And nothing that the silver tongue of Senator DeAngelis puts out can clean this up or make it any better. It is racist. Tt is classtsm, raclsm. It smacks of it. It stinks of it. ft stinks to high heaven, and is wrong. In my closing, 1et me tell you this: This morning when I woke up r I turned my television on to the prayer breakthrough hour. Now a 1ot of you on b0th sldes of the aisle purport to be Christians. You say that you've found the Lord and youdre saved and all that. Wellw 1et me tell you something: You aren't going to get to heaven with racisn reeking through your soul. The best thing about that church progran this morning, they had black people ln the choir and whlte people in the choiry Hispanics in -- the pulpity and everybody. Everybody . ThaE was the best thing about it. So if you are true about being a Christian, if you are true When you go to church - and we have a preacher or a -- a pastor or minister pray over this 38  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Body every day before we come in here - you will not vote for this racist, segregakionist piece of legislatlon.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Karpiel.

Thank you, Madam President. I'm rising on a different part of this bill, on a different Section of Senator DeAngelis, I understand the bill authorizes municipal mayors and presidents -- and by the wayz the original bill is sponsored by the Illinois Municipal League. And according to our analysisr it says the bill authorizes nunicipal mayors and presidents to remove appointed, municipal officers whom they have appointedr without being blocked by a two-thirds vote of all elected munlcipal officials.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis.

J -..w

PRESIDING OFFICER: (SENATOR DONAHUE) 0h. Go ahead. Senator Karpiel.

Instead of going in thls direction, I Wondered if you Would be amenable to also working with me, ko not take out the two-thirds vote, but to put in a four-fifths one before they can do

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Seeing none, Senator DeAngelis: to close. SENATOR DeANGELIS: You know, Woke up this morning too, Senator Hendony and woke up to try to flgure out try to figure out - how to take care of a prcblem that is maybe a little more unique to my area, and Senator Shaw's area. The problen is thàt the very thing that you find so abomlnable - the racial segregation - is caused not by this bill, because this bill this bill - this bill - forces 39  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20# 1994 ! dispersion, which is the opposite of segreqation. And I resent the fact that you would put a racist tag to this, because Ehis request -- and I'm going to tell you, Senator Shaw, the next time your mayor comes in with a request for ne and I have to go through this bull crap, I'm going to tell you, I'm going to tell him Where to put his bill. A11 right? We're trying to resolve a problem. Senator Collins, the communities that have al1 this, have no jobs. They have the hlghest unemployment in the State. And you're trying to tell me I'm trying to block somebody from moving into a place that -- where there are no jobs. Whoopee! I'm going to tell you, there is a problem out there. There's a problem Where a Well-intentioned program of scattering people, instead of putting them into projects, is not working, because we have gone from a seven-story ghetto to a four-block ghetto, or a six-block ghetto, or a ten-block ghetto . The fact ls, cnly seven communlties in all of Cook County have Section 8 Housing. If you want to talk about what's racist, that is racist, and you want to support that activity . That is racist. The fact is, people are entitled to live where they want to live. And the reason that we turned around and created Section 8 -- and you're right, Senator Jones, it could be people that are working, that are the working poor. But don't prohibit them from moving someplace else because you've got greedy landlords sucking them up into one spot, maklng rents they normally would neverz ever dream about. There's ads in our paper - and Senator Shaw will tell you - HHcuse for sale. Harvey, Tllinois. Section 8 available.n Puts the price up about fifteen, twenty thousand dollars. Is that great? Is that a gcod thing to do? Is that being fair to people? Is that antiracist? The hell it is. I want to tell you, there's more statistlcs on this problem. I said over half of the families live in only seven communities. Ninety percent of Sectton 8 are African-Americans. That in itself fcrces segregation. It's a clustering effect. 40  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leglslatlve Day May 20, 1994 This is designed to stop that. And Ifve got to tell you, -- Senator, if Mayor Johnson wants to have forty-two percent Section 8 in his community, he can have it. This bill doesn't keep him from doing The fact of the matter, this gives the oppcrtunity for people to find housing where the jobs are - where the jobs are not to be left in another community in which theydre creating a second ghetto, exeept this time it's legitimate ties by a so-called well-intentioned program . I urge We pass this bill.

PRESTDING OFFICER: (SENATOR DONAHUE) Question isr shall House Bill 343 pass. Those in favor Will vote Aye. Opposed kill vote Nay. The voting is open. Have a1l voted Who wish? Have a1l voted uho wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 31 Ayese 14 Naysr 12 voting Present. House Bill 343, having reeeived the required constitutional najority, is declared passed. Senator Dudycz, on House Bill 356. Read the bill, Madam Secretary. END OP TAPE TAPE 2

House Bill 356. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senatcr Dudycz.

Thank you, Madam President. House Bill 356 ls the first of  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 four bills being presented today as the Senate crime package, being promoted and hopefully passed out of the Senate. House Bill 356: first of all, limits the grant of peace officer status for federal officers to the eurrent unlawful use of weapons, by amendment passed earller in the committees and adds when asslsting . an Illinois officer tn an arrest or When a felony is committed the presence of the federal officer, that federal officer is granted peace officer status. Also gives the federal officer acting under these provisions immunity from liabillty, except for willful and wanton misconduct. This portlon is supported by the Department of State Police, the Sheriffs' Associatlon, Police Chiefs' Association and the FBI. Purther, it contalns the contents of Senate Floor Amendment No. 4, which passed yesterday out of the Senate -- whlch was adopted yesterday out of the Senate, and 1111 go briefly through the provisions of Senate Amendment No. contains the contents of Senate Bill 1722, which passed the Senate 57 to nothing, sponsored by Senator Butler, which would allow MEG units to investigate gun- and gang-related offenses. It adds the contents of Senate Bill 1705, sponsored by Senator Philtp, that passed the Senate alsor with a vote of 56 to nothing, to include armed violence in the death penalty felony murder provision. Also sponsored by Senator Philip, the contents of Senate Bill 1694 are includedr which passed the Senate with a vote of 52 to 3, to clean up the stalking sentencing provision and add aggravated kidnapping to the list of offenses in the habieual offender life imprisonmenk sec*ions and allow the usè immunity on a11 criminal offenses. It adds the contents of Senate Bill 1352, sponsored by Senator Dillard, which passed the Senate with a vote of 55 to nothing, to reverse the Beardsley eavesdropping case allowing consensual overhears by 1aw enforcement in certain cases when necessary for officer safetyr and expand wiretap to include murder, money laundering and 42  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 gang-related felonies. This amendnent -- or this portion also adds to wiretap, gun -- gun offenses which were in Senate Bill 1713. It also creates a new offense of false personation of a parent or legal guardlan of a mtnor to a public or school officer or an employee. This -- this provision was taken from the -- Mayor Daley's Safe Neighborhoods proposal. It adds the provisions sponsored by Senator Topinka of Senate Bill 1228 that passed the Senate 58 to nothing, to nake it unlakful to possess drug paraphernalia with the intent to use it as drug paraphernalia. Adds the contents of Senate Bill 1513, sponsored by Senator Petkar that passed the Senate 46 to 4, to allow the court to set up a special drug-testin: program as a ccndition of release on a recognizance bond on a felony or a drug offense. It also adds the contents of Senate Bill 1717, promoted -- or spcnsored by Senator Dillard, which alsa passed the Senate with a vote of 46 to nothing, to allow a statewide grand jurg to investigate gun- and - - and gang-related crimes. And finally, it contains -- the bill contains the contents of Senate Floor Amendment No. 5, which we also adopted yesterdayr which added the contents of Senate Bill 1517, sponsored by Senator Karpiel, requiring the State's attorney to notify a witness of a defendant's post-conviction petition and the time and plaee of a hearing on ite requiring the release -- releasing authority to notify a kitness of a defendant's discharge from custody if the defendant was committed to the Department of Mental Hea1th and Developmental Disability under crimlnal authority. Requires the Prisoner Review Board to notify a Witness of a prisoner's escape and reapprehension. Requires the -- requires the Parole Review Board to notify a witness of a prisoner's release on paroler the mandatory supervisory releasey and of his final discharge from parole, the electronic detention, Work release, et cetera, et cetera, et cetera, et cetera, et cetera. 43  STATE OF ILLINOIS 88TH CSNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Molaro. I SENATOR MOLARO: Thank your Madam Chairman. Just real quickly. I'n not goinq . to talk about any of the bills. As the Senator started reading off roll calls, he saw that they weren't all unanimous. Some had some No votes to it. I'm eertainly not going to talk about bills that we voted on two and a half weeks ago. I assume this is beinq done to circumvent some gamesmanship that apparently is going on between the House and the Senate. It's too bad that it has to be this way, because some of these bills that I voted No on -- and there are -- abaut thirteen or fourteen of the sixteen are terrific. And I don't want to be recorded No on the thirteen good ones, because someone could take thls roll call. I'n looking for a MYesy but' button, but there is no such thing. And I just wish that this type of thing doesn't keep coming before us. I don't know what gamesmanship has caused us to have such terrific legislation put with bad leqislation and youdre forced to vote Yes or No on -- and it should -- just shouldn't be this Way. That's my only comment. PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscusslon? Purther discussion? Seelng none, the question is, shall House Bill 356 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a11 voted who wish? Have al1 voted Who wish? Take the record. On that question, there are 49 Ayes, 4 Nays, 6 voting Present. House Bill 356, having received a required constitukional majority, is declared passed. If I could have your attention for just a minute. Senator DeAngelis and Senakor Mahar have a group of people they would like to introduce to the Senate. SENATOR DeANGELIS: While they're al1 filing in, let me lntroduce the State -- 44  N STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 State 4A Champlon, Marian Catholic High School of Chicago Heights, who are visiting with us today. I've had the opportunity of representing this area. In fact, I live about a mile away fron the school. I have watched this institution produce sone of the finest athletes. But what's really amazing about Marian is that they not only have the State Champion in 4A y but they also have the grand national champion narching band, Which has Won the title for four years - national champtonship. But 1et me jusk tell you a little bit about this team while they 're filing in. Let me give you some of the honors that they have received. First of all, as I saidr they're the State Champion Class 4A , East Suburban Catholic Conference championsy Chicago Tribune number one ranked teamr Chicagc Sun-Times number one ranked team, Ch'icago Sun-Times Team of the Year, the Times nunber one ranked team. Daily Southtown number one ranked team , Star Tribune Publication 's number one ranked team, US <sic> Today - US Today - number fourteen nationally, US Today number three in the Midwest: winner of the Touchdown of the Month Award from the Washington, D.C. Touchdown Club, the Notre Dame Club Knute Rockne awards, and the Coachy Dave Mattior frankly he -- Prep Coach of the Year. Wedre not going to introduce al1 the players because there's far too many, but let me just mention a few who have won honors. All-Area selection and also All-statey Terence Marable. And -- I Want -- I want Terence to tell us where he's going to go to school. TERENCE MARABLE: Universlty of Illinois. SENATOR DeANGELIS: A11 right. We 've got Mike Bartoliniy offensive ltneman. Mike, where are you? There he is. Okay. Allan Danielwicz, offensive lineman. Okay. Dave Perozzi: whose father and I were classmates in high school. Where's Dave? Okay. Brian Kochanski, who's a defensive lineman. And Mike Clifford. And also -- did I 45 !  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 2nr :994 say Mike? Mark. Andz Brian, I -- I need sone help with your last name I think know your family y too - who has received countless honorsz Vanderluitgaren. Is that it? So and Jin McGarry, who was named the Sun-Tines Defensive Player of the Week. McGarry? Okay. This team has done an outstanding job, and I -- and I do feel like I Want their coach to say a few Words, because this team has been more than just a team. It is a -- you've got to go out to see this team play and see how much they mean to the community and the strength of their following. And you 're going to find out in one second, because here is a coach Coach, how nany years, 18 years? - coach for eighteen years. 0ne of the most loved persons. One of the strongest disciplinarian, and one of the best football coachese Dave Mattlo.

(Remarks by Coach Dave Mattio) SENATOR DeANGELIS: Thanks for visiting with us.

PRESIDING OFFICER: (SENATOR DONAHUE) I would remind the Senate that Wedve done eight bills in about a little less than an hour and a half. At this rate, we're going to be here till about 11 o'clock tonight. So if you want to keep your renarks brief, that's fine. If noty make your room reservations. On House Bills on 3rd Reading is House Bill 381. Senator Cronin? Madam Secretaryr read the bill.

House Bill 381. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.

Thank you, Madam President. I'm glad we could move off the 46  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Senator DeAngelis Order of Business. House Bill 381, as amended, does a number of things. Real quickly: tightens prostitution I Statute to accept - - to include the acceptance of property or l : anything of value in exchanqe for sex. Currently only money is k l l covered. It allows child pornography charge for distribution of . pornography by computer. Raises the penalty for parents who promote or arrange for the use of their child in a sex offense to a Class 1 felony. Increases the penalty in certain cases for I possession of fireaém without a valid FOID card. Extends the firearm transfer inquiry prcgram to Septenber 1r 1996. Requires conmunity service as a condition of supervision or probation in I @ juvenile court on a minor delinquent or gang-related or gun i offense. Increases the penalty unlawful use of Weapons violations. It makes it a crime to defraud Women, Infants and Children - the WIC - food aid program . And finally, it prahibits E issuance of Illinois FOID cards to illegal aliens. I ask for affirmative vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing none, the question I isr shall Senate -- House B1ll 38l pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have al1 voted who wish? Have a11 voted who Wish? Take the record . On that question, there are 57 Ayesy 1 Nay, no voting l i Present. House Bill 381, having received the required constitutlonal majority, is declared passed. On the Order of 3rd Readlng is House Bill 410. Senator DeAngelis. Madam SecreEary, read the bill.

House Bill 410. (Secretary reads title of bill) 3rd Reading of the b111.

PRESIDING OFEICER: (SENATOR DONAHUE) 47  STATE OF ILLINOTS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 123rd Legislative Day May 20y 1994 Senator DeAngelis. SENATOR DeANGELIS: Thank youz Madan President. House Bill 410, as amendedr freezes the assessed value of residential property for senior citizens sixty-five and older: beginning with next year's assessment. It's limited to taxpayers with a total household income of thirty-five thousand dollars. They would have to submit an affidavit of their income and eligibility and a copy of the first page of the nost recently filed income tax returnr because we do not, in fact, exempt as income that which is tax-free income. Be happy EO ansWer any...

PRESIDING OFFICER: (SENATOR DONAHUE) Any diséussion? Senator Weaver.

e..move -- move the previous question.

PRESIDING OFFICER: (SENATOR DONAHUE) Al1 right. Further discussion? Senator Berman had his light On .

Thank you, Madam President. I want to compliment the sponsor for being responsive Eo some of the concerns that were ralsed in committee. I want to underliney for the record: that when we talk about thlrty-five thousand dollars in -- in income, we fre -- we have defined incone as being everything, in essencer so that your pension money is included; tax-free 'municipal income uould bé included. So we are directing this cap of assessments to the people that -- that really need the most help. Let me add one other factor that -- it's not fair to our schools and to our other local taxing bodies to say that When we pass this, we've done a job. We are -- this is only the first step in a process of eliminating the overreliance on property taxes and giving some relief to that small area of seniors - low-income seniors - that 48  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20y 1994 deserve 1t. But this does not address the problem of how do we i fund schools and local government. That has yet to be addressed, ! i but I do stand in strong support of House Bill 410. ? ! I

PRESIDING OFFICER: (SENATOR DONAHUE) Previous question has been moved, Gentlemen. Senator DeAngelisy to close. SENATOR DeANGELIS: ! i Just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bl11 410 pass. Those in favor 2 . . i will vote Aye. Opposedy Nay. The votlng is open. Have all voted Who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record.' On that question, there are 55 -- 59 Ayes, no 1 Nays, none votlng Present. House B111 410, having received Ehe i : required constitutional majorityr is declared passed. Senator Philip, on House Bill 539? Read the -- Whoa, I missed one. Excuse me. House Bill 457. Senator Fawell. Read the billz Madam , Secretary.

House Bill 457. I (Secretary begins to read tiele of bill)

PRESIDING OFFICER: (SENATOR DONAHUE) Out of the record . Senator Philip, on House Bill 539. Read j the billr Madam Secretary.

House Bill 539. (Secretary reads title of bill) I 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip. ' j Thank youy Madam President and Ladies and Gentlemen of the 49  STATE OF ILLINOIS 88TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 123rd Legislaeive Day May 20r 1994 Senate. This is simply a vehicle bill. I have identified it to the Speaker of the House. I'm assuning somewhere along the line if we come together on a Medicaid plan, this Will be the vehicle that we 'll use. So I would ask for some -- a lot of green lights up there.

PRESIDING OFFICER: (SZNATOR DONAHUE) Any discussion? Senator Carroll.

Thank youz Madam President, Ladies and Gentlemen of the Senate. Let's talk abbut what concerns usr you knou, in this supposed plan. You know, there -- there was an implied threat - maybe not even so implied - when the budget was passing. If we don't pass this Medicaid plan, guess what's going to happen? Doom and gloom will ccme over the earth. What is the Medicaid plan presented to us? A short title. That's a11 that's in the plan, officially, at this point. It can be called the Medicaid Managed Care Act, and there's nothing else in-it. Let's talk for a moment of how we got herer and of what we're hearing around this bulldingy and why we are so concerned, as we were with the budget when bipartisanship and cooperation was discussed, but none of our ideas were deemed Worthy to even be considered. What this is: tf you saw the ads, it's like when the guy takes the butcher block and is chopping up the steak and then chops up the credit card . Well, that's what the Governor said in his State of the State when he was first elected. We must get rid of our credit card in Illinois. Chop it up. But just like that ad went ony he then went and called every credit-issuing company in America and said, ''Give me an unlinited credit card.'' That's where we're at: a no-limit situation. Two years ago he presented to us the do-all and end-all plan to solve the problem of Medicaid. ''Three years'' he demanded, and a year later said, ''Oops, that one's not so good . Here's the do-all and end-all.'' That was last year. Let's tax 50  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 I hospitals. Let's tax cigarettes. Let's tax almost everything that I I doesn't move quickly thrcugh this State. That he insisted - We i were here for geeks - that that be a two-year plan. Get us beyond November 8th. What happened to that plan? Why isn 't it warking? It's in place today. It was supposed .to be in place tomorrow . It was supposed eo be in place next month and throughout next year. What happened wasy when we sat down and negokiated in good faith to ereate that plan, they said to us - the Governor, the Bureau of the Budgetr the Department of Public Aid - ''Tf we do all thisr our payment cycle to providers wl11 be short about seven hundred fifty-eight million dollars.'' 'An acceptable level' v they said. So did the providers. We passed his proposal. We passed a1l the taxes he asked for. He signed them into law . Lo and behold, three months later they come up and say, ''Oh, well, we made a little mistake. We were only off by seven hundred and sixty million dollars.'' Not two million more than they originally said, but a billion five hundred and eighteen million dollars. Information they do not by 1aw now give us, that we have asked for in Senator Jones' package, that we know how much they are paying and what they are projecting - numbers they do not share with us. A goof like that should have required the firing of the Bureau of the Budget and probably half the fiscal staff at Public Aid. To make that kind of a credit card error, put us that much deeper in debt, after telling us to pass all kinds of taxes to pay it. What's he saying now? Managed care is the answer. Where's he been? I passed managed care in .89. Topinka and I amended it in '91 and 193. They never once saw fit to implement one person on there, in the test we requested, demanded, and he signed into law . He didn't like it then. Suddenly loves it now. Why? His last two great ideas didn 't work. Now he's coming up with another idea that he won't even shcw us yet officlal. What ks he telling us unofficial? When they did the budget announcement they said, 51  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION . SENATE TRANSCRIPT 123rd Legislative Day May 20y 1994 'îplan on thirty-percent savings.'' This morning he testifiedz Jim Reilly, in the House, HEight percentm'' And then Robert Wright said, ''Well, wait a minute. Whoa. It's not really elght percent. After all, we have carved out long-term care, an amount equal to the medical costs - the hospiial costs: a billion dollarsp'' So now it's down to maybe eight percent of a billion dollars. Still a lot of money - somethlng worth worrying about - except let's look What else they did. When they started this process they told us it would cover everybody, unless - unless - you were in a teachin: hospltal, a disproportionate-share hospital or a rehab facility because of a spinal cord or head injury. Draft they gave ! us yesterday for consideration, but not gocd enough yet to put in a bill, changed those three exemptions to fifteen. These will not be cost savlngs anymore. They will not be nanaged care. They i will be based on the o1d system. And let's see What they are. In addition to disproportionate share, it'll be primary care access health care edpcation payments, payments for capital for hospitals, direct medical education, indirect medical education, certified registered nurses anesthesiasts <sic>, kidney acquisition costs, uncompensated care payments, trauma center payments, a11 rehabilitation hospitals, prenatal care payments, i obstetrical care payments, targeted access payments, Medicaid E high-volume payments, outpatient indigent volume adjustments. What it means is, everyone who came in and complained Was carved out. There ain't nothing left. There ain't no managed care. There ain 't no savings. What arè we trying to do? Wedre back to fee for services. It's a1l aimed at November 8th. We are puEting ourselves twc billion four hundred million dollars in debt under I this proposal, if it's what the latest draft showed us. Their oWn figures say that they're off in their budget a couple hundred million. They're doing away with six hundred million in assessment from the hospitals. They 're a billion four behind. 52  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 They're over two billion four hundred million in debt, if We pass the latest version, because nothing 's in there anynore. This is ridiculous. If he Was right in cutting up the credlt card, don't call them for another card with unlimited credlt. This is silly.

PRESIDING OFPICER: (SENATOR DONAHUE) Further discussion? Senator Jones.

Yeah. Thank you, Madam President. House Bill 539 is supposed to be a vehicle bill for the nonexistent plan from the Governor, and -- but there are many substantive issues in this supposedly vehicle bill. had -- wish I had talked to the Senate President about it, and they decided to go ahead and put these substantive matters in there. But this is for the nonexisting Medicaid managed care program that We do not have. I wish that the bill was really a vehicle bill so that we could intelligently vote on a vehicle bill. But I I plan to vote Present on this issue and -- perhaps my colleagues on this -- on this side of the aisle should do likewise, because there are measures ln here Which we are for; then there are measures that we are opposed to. So khe best vote Would be a Present vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Smith.

Thank you, Madam Chairman and Ladies and Gentlemen. like to ask my colleague a question, to the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he dll yield, Senator Smith.

Thank youe Madam President. Senator Philip, I'd like to -- concerning the co-payment language, please. I'd llke to ask you, what has been the experience of other states with co-payments for Medicaid services? 53  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 PRESTDING OFFICER: (SENATOR DONAHUE) j I Senator Philip.

; Twenty-six other states do co-payments, and they do work. : SENATOR SMITH: . Wel1... PRESIDING OFFICER: (SENATOR DONAHUE) ! Senator Smith, just put your light back on.

Al1 right. Thank you. What has -- What inpact Will I co-payment have on utilization? ;

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

It will keep people from misusing the emergency funds.

PRESIDING OFFICER: (SENATOR DONAHUE) Just put your light back on, Senator Smith. Senator Smith.

I'd like to ask you: what happens if a client is unable to Pay? i

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

1 As you knowg the hospitals have to service them anyway, whether they can pay or not.

Thank you, Madam -- thank youy Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) Further... SENATOR SMITH: . Thank you, sir.

PRESIDING OFFICER: (SENATOR DONAHUE) 54  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Further discussion? Senator Trotter.

Thank you very much, Madam President. Would the sponsor yield?

PRESIDING OFFICER: (SZNATOR DONAHUE) Indicates hefll yieldr Senator Trotter.

Thank you very much. I too just wanted to address sone of the substantive language that we discussed briefly in our -- in the eommittee meetings: and that is specifically, againr addresslng the co-payment question. And that is, what are the federal regulations on co-payments, and what are the maximum amounts of those co-payments?

PRESIDING OFFICER: (SZNATOR DONAHUE) Senator Philip .

There are guidelines. It can't exceed five percent.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter.

And -- and if you could also, sir, tell -- tell us, What are the savings that Welre looking for in Medicaid -- in the Medicaid program, as regards to Medlcaid and the co-payments?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.

Public Aid says the experience theydve had those other twenty-six states, they think we can save 'about tkenty-two million.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter.

55  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leqislative Day May 20: 1994 And did they give us a timetable? These savings can be f ! I realized in -- in how many years? ! : !

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip . SENATOR PHILIP: ' Yeah. Once they 're implenented and -- and in position, it will take about one year to realize twenty-two million.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Trotter. 0h. Further discussion? Further discussion? Senator Philip, to close. . . !

Thank your Madam President, Ladies and Gentlemen of -- of the Senate. Let me say this to Senator Carroll: He has met with the ! Governorls chief of staffr the director of the Bureau of the Budget, the director of Public Aid, and he sings the same song - complains, complainsr complains, complains. We a1l know it's an i ekectkon year. Bu* you knov what? you don dt have a plan. You don't have an alternative. Period. This is the only gane in townz and you know this is a vehicle. Let's get it over to the House and let's sit down and negotiate this out.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall House Bill 539 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who wish? Have all voted kho wlsh? Have a1l voted who wish? Take the record . On that questlon, there are 32 Ayes: l Nayp 26 voting Present. House Bill 539, having received the required constitutional majority, is declared passed. Senator Severns, for what purpose do you rise?

Thank you, Madam President. I rlse on a point of personal privilege.

PRESIDING OFFICER: (SENATOR DONAHUE) 56  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Please state your point. SENATOR SEVERNS: l It is my honor today to have joining us a student fron Krasnodar, Russia, who has been here since -- since August: and has been talking about some of the changes that have taken place there, and -- and also understands that Gorbachev visited Decatury Where he has been a resident since -- since August, and Will be there until June. But Ifd like the Senate to join us in -- in wishing Greg Chupin a nice welcome from the Illinois Senate.

PRESIDING OFFICER: (SENATOR DONAHUE) Please welcome him . Nice to have you With us. Senator Bowles, for what purpose do you seek recognition?

I rise for a point of personal privilege.

PRESIDING OFFICER: (SENATOR DONAHUE) Please state gour point, ma dam .

We have a group in the gallery this morning from the Calvary Baptist Christian School in Bellvue Islc>, Illinois, and theydre J ! here with Reverend Norman Schneller: who is the director of the : sehool. I would like to intrcduce then and have then stand: please. Thank you. 1 PRESIDING OFFICER: (SENATOR DONAHUE) ( Will you please rise and be recognized by the Senate. Welcome. On the Order of 3rd Reading ts House Bill 696. Senator Petka? Madan Secretary, read the bill.

House Bill 696. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFTCER: (SENATOR DONAHUE) ' Senator Petka. 57  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994

Well, thank you, Madam President. Before I get to the explanation of the bill, as the chief sponsor of House Bill 2938: I Would like to ask that bill to be re-referred to Rules. PRESIDING OFFICER: ' ISENATOR DONAHUE) That order is always in -- in order -- or that -- whatever. Put it into Rules. Senator Petka, on House Bill 696.

Thank you. House Bill 696, as anended, adds jallbreak tools to the definition of'eontraband wlthin a prison. Additionallyr it would prohibit court supervision for a minor who has been convicted of first degree murder or a forcible felony. It would require at least five years probation for any minor age of 14 and under <ho is not sent to prison for first degree murder or for a forcible felony. Additionally, creates a special category of juvenile offenders known as a violent juvenile offender, which is triggered by the conviction of tWo Class 2 or greater forcible felonies or firearm felonies, requiring the juvenile to spend sentence -- his sentence ln the Department of Correction until his twenty-first birthday. It also enhances penalties for certain Weapéns-related offenses within one thousand feet of a school or a campus. This was the safe school zone of Senate Bill 1714, which was incorporated. Additionally, would permit the death penalty for a nurder committed during arned violence, aggravated carjacking, aggravated stalking or drive-by shootlng, and also, to speed up our crlninal appeals process, would reduce the time in uhich post-conviction petitions may be filed to a maximum of three years from the date of conviction. That is the summary of House Bill 696, and, Madam Fresident, I will answer any questions.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 696 pass. Those in favor will vote 58  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have all voted Who wlsh? Have a1l voted who Wlsh? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. House Bill 696, havlng received the required constitutional oajority, is declared passed. Senator Shadid, on House Bill 742? Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: House Bill 742. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shadld. SENATOR SHADID: Thank your Madan President. This bill noW has tWo parts to itr and I would like to speak on the first part, and Senator Palmer will speak to the second part. It amends the Public Code to require Department of Public Aid on or before January lr 1995, to transmit to the Governor and General Assembly the data concerning the total number of former welfare reeipients making the transitlon from welfare to work who received extended Medlcaid coverage during FX194, and the periods of time for which those reciplents received such coverage. Senator Palmer. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shadid yields to Senator Palmer. SENATOR PALMER : Thank you, Madam President. This amendnent Was discussed yesterday and passed, so 1'11 just say briefly that it -- this is in anticipation of *he State of Illinois expecting to receive empowerment zone funds, and it therefore promotes the goals of empowerment zones by requiring the Department of Publàc Aid to operate demonstration projects concerning the amount of resources ' ah individual may possess while retaining eligibility, and to i 59  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20: 1994 i promote the impact on employment: earnings and continued receipt I of assistance. It is expected that this bill will go to conference committee, as agreed.

PRESIDING OPFICER: (SENATOR DONAHUE) Is there any dkscussion? Any discussion? Seeing none, the question is, shall House Bi11 742 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have al1 voted Who wish? Take the record. On that question, there are 59 Ayes, no Nays, none votlng Present. House Bill 742, having received the required constitutional majority, is declared passed. Senator Lapaille, for what purpose do you rise? SENATOR LaPAILLE: On a point of personal privilege, Madam -- President.

PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point. SENATOR LaPAILLE: There was a passage of House Bill 381, Senator Croninls bill. I was in the phone b00th and my seatmate here could not handle seven buttons all in a row , and I did vote No . I would like that record to reflect I Would have voted Yes, if I Was not in the phone b00th, and Senator DeLeo would not have had so much i responsibility in this row . He did vote...tmlcrophone cutoffl... : It should be noted that Senator DeLeo voted Yes. i PRESIDING OFFICER: (SENATOR DONAHUE) ' The record does reflect that, sir. Senator Barkhausen, on -- out of the record. Senator Cullerton, on House Bill 9027 Read the bill, Madam Secretary. ACTING SECRETARX HAWKER: 1 House Bill 902. (Secretary reads title of bkll) I 3rd Reading of the billk 60  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSTON ' SENATE TRANSCRIPT 123rd Legislative Day May 20# 1994 :

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

Thank you, Madam President, Members of the Senate. This bill was amended yesterday by an amendment which was proposed by the Illinois Manufactured Housing Association, and it deals With mobile home parks. An owner shall pay interest cn a tenant's securlty deposit at a rate that fluctuates according to the current rate of passbook savings aceounts. Thls language is virtually identical to a bill that we passed last year which affects apartment landlords and tenants. The -- the security i deposit would pay interest. It Would float, rather than be set at a statutory rate. Be happy to answer any questions, ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Senator Geo-Karls.

Will the sponsor yield?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hefll yleld, Senator Geo-Karls.

l I had a call from a gentleman who lives in a mobile home in i ! Waukegan, questioning this bill. Was there anything done -- anything lnvolving the moblle homes khere about that security deposit?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton. I I SENATOR CULLERTON: ! I Yes. Mobile home owners pay a security deposlt. The owner of the land has to pay interest on that security deposit. The -- the bill proposes that that interest rate be a floating rate tled to, like, a passbook rate. And that would be 2.5 percent in today's 61  STATE 0P ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20: 1994 interest rates. So that's what the bill does.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Klemm.

. Thank you, Madam President. Would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton?

W111 t1e sponsor yield?

PRESIDING OFPICER: (SENATOR DONAHUE) Indicates hedll yield.

Last year I passed the bill that had the interest for twenty-five or more. Is this -- the interest noW will be the floating rate for allr or is just for the mobile homes?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

It only applies Where there's twenty-five or nore.

PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Senator Cullerton, to elose .

I think it's a fair bill. Would just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DONAHUE) Question is, shall House Bill 902 pass. Those in favor Will vote Aye. Opposed, Nay . The voting is open. Have a1l voted Who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 58 Ayes, 1 Nayr none voting Present. House Bill 902, having received the required constitutional majority, is declared passed. Senator Woodyard, 62  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 for What purpose do you rise? SENATOR WOODYARD: Thank you, Madam President and Members of the Senate. I Wish to recommit the next bill, House Bill 1124, to Rules. . PRESIDING OFPICER: (SENATOR DONAHUE) That request is always in order. Thank youz Senator Woodyard. Senator Toptnka, on House Bill 11297 Read ehe bill, Madam Secretary . ACTING SECRETARY HAWKER : House Bill 1129. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR DONAHUE) Senaéor Topinka. SENATOR TOPINKA: Yes, Madam President and Ladies and Gentlemen of the Senate, 1129 is kind of a compilation of many things. Very quickly, it increases the penalty for aggravated fleelng and eluding, when it results in bodily injury, to a Class 4 felony. It requires defendants to pay the costs, as determined by the county board, of electronic monitoring. Expands the number of offenses for which juveniles can be fingerprinted and those fingerprints sent to the State Police for filing . Allows the State's attorneys to enforce the grass tax and share in the collections. Allows the Attorney General to pursue civil procedures to cover costs of an inmate 's incarceration. 1* allows for forfeiture of a vehicle used in stalking. It creates aggravated reckless drivingr making it a Class 4 felony if it results ln great bodily harm. In setting bail, it allows the court to consider whether an alleged offense was gang-relatedr and it does a number of other things. I would be happy to answer questions, but because of the sheer size of this: let's move it. 63  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leqislative Day May 20r 1994 PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? seeing none, the question ls, shall House Bill 1129 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a11 voted who . wish? Have a11 voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. House 1 . Bill 1129, having received the required constituticnal majority, is declared passed . Senator -- Senator Rarpiel, on House Bill 13527 Read the billr Madam Secretary. ACTING SECRETARY HAWKER: House Bill 1352. I (Secretary reads title of bill) ' 3rd Reading of the bill. PRESTDING OFFICER: (SENATOR DONAHUE) Illinois Infornation Service requests permisslon to videotape. Is leave granted? Leave is granted. Senator Karpiel, on House Bi11 1352. SENATOR EARPIEL: Thank you, Madam Chalrman. House Bill 1352 amends the Public UEilitles Actr and ik establishes procedures for the Illinois I Comnerce Commission to follow for the appointment of a receiver or acquisition of a small utility which is noe providlng safe nor reliable service. With the amendment that was put on it, it also : permits utilities to engage ln property sales of up to three hundred thousand without ICC approval. That -- this adjustment will require large utllïkies to seek ICC approval of large ' transactions, buE lt will save the expense of seeking approval for smaller conpanies and small transactions. And I ask for your Aye vote. ' PRESIDING OFFICER : (SENATOR DONAHUE) j Any discussion? Any discussion? Seeing none, the question isr shall House Bill 1352pass. ThoseinfavorWillvoteAye. 1 64  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Opposed, Nay . The votlng is open. Have a11 voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 1352, having received the required constitutional . majority, is declared passed. House Bill 1391. Senator Demuzio. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER : House Bill 1391. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDTNG OFFICER: (SENATOR DONAHUE) Senakor Demuzio. SENATOR DEMUZIO: Thank you, Madam President, and Ladies and Gentlemen of the Senate. The bill does exactly as the Calendar indicated. It says that individuals or not-for-profit agencies will be allowed to donate food or baked goods to nursing homes without liability fron ctvil action for damages. And Senator Smith put an amendment on the bill also, and I shall yield for -- to her for her explanation. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Smith. SENATOR SMITH: Thank you, Madam President, and thank you, Senator Demuzio. This -- out of thls bill, there -- there is a provislon Which is a combination of House Bill 4215 and House Bill 2883 that is sponsored by the -- Represeneative Moffitt, and also House Bill 2884, sponsored by Representative Wojcik. These two sponsored bills grew ouk of the House Minority Leader's task force on health care and women. I ask for your favorable support. PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing none, the question 65  STATE OF ILLINOIS ' 88TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 123rd Leqislative Day May 20r 1994 is, shall House Bi11 1391 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none votinç Present. House Bi11 1391, having received the required constitutional majority, is declared passed. Senator Hawkinson, on House Bill 1513? Read the bill, Madam Secretary.

House Bill 1513. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Read the -- or, Senator Hawkinson.

Thank you, Madam Prestdent. This bill now is constituted of Senate Amendments 2 and 3 that We placed on the bl11 yesterday. I won't go intb 'em in detail today other than to remind the Body that Senate Amendment 2 is a response to the changes in the Vehlcle Code, essentially to place it in conformity with the federal rules, changlng references, for example, from Hhandicapped person'' to ''person wlth disabilities'd And Senate Amendment No. 3 has the contents of tWo Senate bills: Oner Senate Bill 1730, which was my bill, the Secretary of State Ryan's zero tolerance proposal; the other was Senator Maitland 's Senate Bill 1733, which was the agreed fingerprint background check for neW school bus drivers. I'd be happy Eo answer any quesEions, okherwise ask for your affirmative vote on House Bill 1513, as amended .

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing none, the question is, shall House Bill 1513 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. 66  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 On that question, there are 59 Ayes, no Nays: none votlng Present. House Bill 1513, having received the required constitutional majority, is declared passed. Senator Maitland, on House Bill 15697 Read the billz Madam Secretary.

I House Bill 1569. I E (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

Well, thank you very much, Madam President, Members of the Senate. House Bill 1569 does essentially two things. First of all: it would allow counties between three-hundred- and four-hundred-thousand population, or adjacent to such countiesz to zone parcels of land cf less than five acres for which one thousand or less or <s1c> agriculture products were sold in any calendar year. This was requested by the -- the County of Kendall. It -- the -- the -- the second component is one that Was important to Senator Demuzio, and he could -- he 's welcome to comment on it, bu* the amendment is identical to House Bill 3743, which passed the House. It authorizes a county board member in counties under flfty-thousand population to serve as alderman or trustee of a nunicipality if the munlcipality is under one-thousand population. I know of no opposition. Would be happy to respond to any questions, otherwise Would appreciate your support.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Senator Klemm.

Will the -- will the sponsor yield for a short question? I

PRESTDING OFFTCER: (SENATOR DONAHUE) 67  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Indicates he 'll yield, Senator Klemm .

My -- my question was about the change of the five-acre zoning requirement. Why can't the county just change those zoning requirements as the petitioner makes that request before the ZBA?

PRESIDING OFFICER: (SEXATOR DONAHUE) Senator Maitland.

Neither I nor staff, at this point, totally understand your j I question. Would you restate itr Senator Klemm? I

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

It's my understanding that counties can change zoning parcels of land of less than five acres, which have less than a thousand dollars of agricultural products. Why do We need the 1aw for that, Nhen the counties have the authority to change zonlng if they qo through a ZBA process? PRESIDING OFFICER: (SEXATOR DONAHUE) ' Senator Maitland. SENATOR MAITLAND: l Senatorr IIm reliably informed that they can't zone in the agricultural area without this -- without this change in the Statute.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

In my county, which is as affected by this bill, whlch happens to be the fastest grcwing county in 'the -- in the State of j Illinois percentage-wise, We certainly had the authority by our ordinance to change the zoning requirements upon the request and petition to a ZBA and action of the county board, plus our zoning I 68  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON , SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 ordinance had a number of different categories that Ne could do in an agricultural zone. So.p.tmicrophone cutoffl...my -- my question tends to be, Why is this needed? '

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

Again, and the reason far the hesitancyr Senatorz on my part, thls was not my amendmentw but I aM reliably informed that it's absolutely needed - the statutory change - to nake -- to make this adjustment.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Purther discussion? Senator Maitland, to close. Question is, shall Rouse Bill 1569 pass. Those in favor will vote Aye. Opposed; Nay. The voting is open. Have al1 voted who Wish? Have a11 voted Who wish? Have a1l voted Who Wish? Take the record. On that question, there are 57 Ayes, l Nay, none voting Present. House Bill 1569, having received the required constitutional majorityr is declared passed. House Bi11 1594. Senator Karpiel? Read the bill, Madan Secretary.

House Bill 1594. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senakor Karpiel.

Thank you, Madam Chairman. House Bill 1594 creates Ehe Conservation 2000 Fund and the Conservation 2000 Projects Fund, to be used for projects relating to natural resources' protection, recreation, tourism, and eompatible agricultural and economic development activities. These funds will be available to the Environmental Protection Agency, the Department of Agriculturey 69  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 the Department of Conservation, the Department of Energy and Natural Resources, and the Department of Transportation. The original bill had -- had some problems With the land acquisition part of the bill. Those have been pretty clearly worked out, concerning making it very clear that eminent domain cannot be . used, and it has to be -- there has to be a Willing seller and everything has to be of voluntary nature. And I don't believe that there are any -- there's any hard-core opposition to the bill. Welre still working with the Parm Bureau on some related subjects, and I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Senator Woodyard.

Yes. Thank your Madàm President. Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates shedll yield.

Senator Karpiel, do you know, particularly with the two additions in the Senate Appropriations Committee last nlght dealing with Department of Agriculture appropriations on the University of Illinois Circular, as well as, I believe, the -- there was another addition in there on fertilizer fundlng, has that removed the opposition of Farm Bureau or is Farn Bureau still opposed to thls bill or to the amendment, presently?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel.

Well: I think the person who could really answ'er it is now in the Chair, so probably cannot. But the Farm Bureau had a problem With the bill as it came over from the House -- With an amendment that they put on in the House was fine, and the bill did not eome 70  STATE OF ILLTNOTS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 over from the House. Their problem uas With the land acquisition portion, which we have addressed, and they were requeseing some funding for some other programs. The Circular Program had khat has been addressed , the amendment last niqhtr in -- and another one of the programs they were looking for fundlng for was *he Ag Research Fund. Is that -- could the Chair nod at me? And I -- and -- yes, that was put on also -- in -- in the Approp Committee last night. ïes. There may skill be something else that they are - - proqram theylre looking for funding for, but basically we are - - pretty much addressed a1l their concerns.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Woodyard.

Wellr thank you, Mr. Presldent. And then to the bill: As of yesterday norning, know that they Were still opposed and their board were opposed to this amendmente but would seem to me that rather than -- than voting against this bill, we ought to move it on: and if it needs further Work, certainly we eould eventually get that to a conference committee. I don 't know Whether that's your plan or not, but seems to me that We ought to go ahead and get it out -- out of the Senate.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel.

I was just going to close.

PRESIDING OFFICER: (SENATOR MATTLAND) Is there further discussion? Purther discussion? Senator Karpiel', to close.

Thank you. les, that pretty much is the object of thïs. T'm not going to stand here and say that the Farn Bureau is now in total support of the bill. -- they're notr but they are -- We 71  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 are working on this, and -- and the idea is to get it over to the House and to continue working on lt. And I do ask for your Aye vote.

PRESIDING OFPICER: (SENATOR MAITLAND) The question is, shall House Bill 1594 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record, Madam Secretary. On that question, there are 58 Ayes, l Nay, no Members voting Present. House Bill 1594, having received the required constitutional majority, is declared passed. House Bill 1594. Senator Karplel? House Bill 1635. Senator Butler? Read the bill, Madam Secretary.

House Bill 1635. (Secretary reads title of bll1) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Butler.

Thank you, Mr. Presldent. House Bill 1635 does three things. First of allr it clears up some ambiguity in the nakeup of the Cook County Stormwater Management Committee by designating the chief elected officials as being -- as composing the -- the body. Secondly, requires the North Shore Sanitary District to provide public notice and public hearing before they enact ordinances or rules. And night add parenthetically, there may be some language changes as that bill goes over to the House. The third iten relates to Palwaukee Airport. It asks fcr quick-take power for a period of twenty-four months in order to continue with airport improvements. There are some flooding problems out Ehere that must be corrected by purchase of one piece of property, and also, IDOT is tied up because this one -- or one parcel is very  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day ' May 20, 1994 importank in a major realignment of MilWaukee Avenue. So I Would j ask for your supportz please.

PRESIDING OFPICER: (SENATOR MAITLAND) Is there discusslon? Senator Fawell. SENATOR FAWELL: ' Thank you very much. Will the sponsor yield for a question?

PRESTDTNG OFPICER: (SENATOR MATTLAND) Indicates...

Senator Butler -- Senator Butler, as you Well know r when We talk about the upper Des Plaines River, We are in truth talking about the Salt Creek, which obviously goes through Dupage County and has caused a great deal of trouble in Dupage County, on the eastern side of the county. I represented that area for ten years while it was floodingr and one of the things We have always been concerned about was the control of Busse Woods and the dam , and -- that wasr franklyr never completed: and so on and so forth. My concern is that we are now changing the Whole structure of this council that -- that deals With that type of problem.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Butler.

Senator Pawellz the only change ln the makeup of the -- of the Cook -- of the Stormwater Management Committee is to remove the Upper Des Plalnes River Watershed Council, -- because it is no longer active. Every*hing else remains the same.

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

i Thank you, Mr. President. Will the sponsor yield for f i question? PRESIDING OPPICER: (SENATOR MAITLAND) I ! 73  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Indicates he will yield, Senator Hawkinson. SENATOR HAWKINSON: j Senator, as to the quick-take provisions, my understanding of the quick-take process is that you use it in those kinds of emergency situations where you don't have time for eminent domain. But is it a fair statement to say that you're giving quick-take for two years, Which, in my opinion, you ought to be able to -- to do eminent domain in two years. Why do you need the quick-take instead of the -- the eninent domain, if -- if youpve got two years to do it?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler.

I believe the answer to that is the fact that the Palwaukee Airport authorities had -- had made a -- a deal With the property owner and -- and he later reneged on it. So I think they're just anticipating the worst case possible. I can't give you anything more specific about the twenty-four months.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Topinka.

Xes. Question of the sponsor, if I may.

PRESIDING OFFICER: (SENATOR MAITLAND) rndicates he will yield, Senator Topinka .

I notlce, you know, you have *he support of the South Suburban Mayors and the Northwest Municlpal Conference. Would you happen to know where the West Central Municipal Conference and the Dupage Mayors and Managers were on this issue?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler.

74  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 .- tmicrophone cutoffl...did -- I'm sorry. They did not sign in.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Topinka.

Does that mean they did not sign in because they Were not asked, or they're no* signing in because they're in oppositionr or you just don't know khere they fall on the lssue?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler.

My infornation is that they were askedz but for some reason, did not -- or chose not to.

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

Will the sponsor yield?

PRESIDTNG OFFICER: (SENATOR MAITLAND) Indicates he will yteld: Senator Petka.

Well, Senator, I don't mean to further complicate this issue, but I do have a question. In our analysis it dld say that the same communities were given quick-take power approximately four years ago.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler.

That is correct in 1991, for a period of twenty-four months.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

That being the caser Senator, with all due respect, quick-take 75  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 has nothin: to do with negotiating a price. It sinply pernits the immediate taking of their property and the haggling over the price is done in court. Can you tell me why the -- the quick-take provision was permitted to expire?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler.

Because, from the information I have, they had completed the purchase of al1 the required property, and then at some point, one of the owners in a key -- in a key spot - a key parcel backed out. And in the interim, the the quick-take power had run out.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

But, sir, there'd be nothing to preclude them from going forward and filing a condennation action. mean, We're not talking about somethlng that appears to be an emergency here. Itls been approxinately four years since the explration of the the quick-take power.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler.

Senator, the urgency is due to the fact that Without this quick -- quick action, they will be in violation of the Federal Aviation Administration's requirements to protect runways, and they are -- that is a very important -- as you know, a very important airport reliever airport. And they have to keep moving on this project.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Senator, is this airport in your district? Is this for ycur 76  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20: 1994 ! district? I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler.

Yes. '

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Butler, you wish to close?

I ask for your favorable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall House Bill 1635 pass. Those in favor Will -- will vote Aye. Opposed , Nay. The voting is open. Have a1l voted Who Wish? Have a1l voted who wish? Have a11 voted Who wish? Take the recordr Madam Secretary. On that question, there are 46 Ayes, 2 Nays, 8 Members voting Present. House Bill 1635, having received the required constitutional majority, is declared passed. House Bill 1853. Senator Topinka? Read the bill: Madam Secretary.

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

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Topinka.

Yes. Mr. Chairman and -- or, Mr. President and Ladies and Gentlemen of the Senate, House Bill 1853 basically has three provisions. It -- it -- it amends the -- well, it -- it -- pardon me whlle I read this. It brings the contents together of Senate Bill 1480, which requires the Department of Public Aid, in conjunction with the Department of Insurancer to study the feasibility of using HMOs for providing acute care to Medicaid 77  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 I long-tern care recipients. Then we had an amendment which now brought into play the creatlon of the Elder Care Savlngs Bond Law and would amend the General Obllgatlon Bond Act. That's a way, based on what we already do With collegiate bonds: to provide for long-tern care and for o1d age. And finally, We have an anendment which would amend the Illinois Health Care Surrogate Act, Which would give explicit authority to court-appointed guardians to execute do-not-resuscitate orders for adults With decisional capacity without an order cf the court. That comes to us from the Cook County Public Guardian, wishes to clarify the 1aw on that part, because apparently they do have difficulty with that. It does indeed track completely all the provisions of the Illinois Hea1th Care Surrogate Act. I'd be willing to answer any questlons. Would seek your positive vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is, shall House Bill 1853 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who Wish? Have al1 voted who wish? Take the record, Madam Secretary . On that question, there are 58 Ayes, 1 Nayy no Members voting Present. House Bill 1853, having received *he required three-fifths majority, is declared passed. House Bill 1882. Senator Weaver? House Bill 1883. Senator Weaver? Read the -- read the bill, Madam Secretary. Senator Weaver, you Wish that bill returned to the Order af 2nd Reading for the purpose of an anendment? Senator Weaver has sought leave to move -- to return House Bill 1883 to the Order of 2nd Reading. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 1883. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 1r offered by Senatcrs Weaver and Maitland. 1 . 78  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 123rd Legislative Day May 20: 1994 PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver. I SENATOR WEAVER: Thank you, Mr. President. This amendment adds the admlnistration's version of changes to the General Obligation Bond Act needed to support FY'95 capital programs funded through khe State's General Obligatlon Bond Program. And it also supports the Governor's debt restructuring. The authorization increases included in this bill kill support appropriations provided in House Bill 9. If there are any questions, 1'11 be happy to try to ansWer them. PRESTDTNG OFFICER) (SENATOR MATTLAND) Is there discussion? Senator Carroll. SENATOR CARROLL: . Thank you, Mr. President. First a question of parliamentary inquiry. I have filed a debt impact note, as required -- orr as suggested, and as now allowed under Illinois Statutesr under 65.7 for amended bills, and request that that -- that impact note be responded to so that we know what the long-term implications are of this restructuring plan. And...tmicrophone cutoffl...ask that under the Statute, this bill shall be held until We have had that vote responded to -- that request responded to under the Statute, by the Illinois Economic and Fiscal Commission. The time under the Statute for calllng for such a note is when the bill is on 2nd Reading and before it moves to 3rd. PRESIDING OFFICER: (SENATOR MAITLAND) . Senator Carroll, as you well know, this -- this -- this bill has to go back to the House. This is not -- this will have to have action over there. Based on that, I -- I think, frankly, the motion is -- is dilatory, and would rule it out of order. Senator Carroll. SENATOR CARROLL: 1 . 79  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20e 1994 Thank you, Mr. President. I do not believe, under ehe Statutes, you have the power to nake that ruling. The Statute is quite clear. Whenever ang Member of either House is of the opinion - any Member is of the opinion - that a State lnpact note -- State Debt Impact Note should.be prepared on any bill and such note had not previously been requested, the Member may, at any time before the bill is moved to 3rd, request such note be obtained, in which case the bill shall be submitted to *he Eeonomic and Fiscal Comnlssion for the preparation of the note. It is not a question of dilatory. It is not an opinion of the Chair. The Statute is quite - quite - specificz and is mandatory.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator, I have made my ruling. If you Wish to appeal the ruling of the Chair, that -- that is your right, sir. Al1 right. Further discussion? Further discussion? Senator Weaver, to close.

I would appreciate a favorable vote on this amendment to House Bill 1883.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver moves the adoption of -- of Floor Amendment No. 1 to House Bill 1883. Those in favorr say Aye. Opposed, Nay. The Ayes have it, and the notion carries. Are there further -- roll call? Absolutely. That is your Wish . Roll call has -- been requested. Those in favor will vote Aye. Opposedy Nay. The voting is open. Have a11 voted uho Wish? Have all voted Who Wish? Have all voted who wish? Have a1l voted Who wish? Take the record, Madam Secretary . On that vote, there are 32 Ayes, 27 Nays, no Members voting Present. And the amendment fails -- Ehe amendment is adopted. I'm sorry. The anendment is adopted. Are there further Floor amendmenes, Madam Secretaryr for consideration? 80  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994

No further amendments reported.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senator Weaver? Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: . House Bill 1883. (Secretary reads title of b11l) 3rd Reading of the bill. .

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver.

House Bill 1883, as amended, is the bill. It Would lncrease the general obligation bond authorizatlon by a billion nine hundred and forty-four million five hundred thousand dollars, in a11 of the categories. If there are any questions, 1'11 try to answer then.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise in opposition to the bill for several reasons. One, I think we are now into a useless act. The last ruling by the Presidlng Officer has jeopardized any issue that night be' offered. This is not something for the rules of the Senate, as to the debt impact note. It is something set by Statute, not Waivable. Any lawyer could step in and cloud any pa*ential issuance. And what's really scary about it is, everybody knows how I tenuous this debt restructuring is, in the first place. I personally am very nuch in favor of the interest-swap idea. We always have been. We should save money wherever we can. Initially, they thought lt would be about a seventy-million-dollar savings. Like a11 their other numbers, when we went to any 81  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 experts, we found out it miqht be a twenty-million-dollar savings. So what are we doing? And we've heard before about, where's your plan? Well, you know, when wedve had plans and we've sent then to Rules, they've died, and particularly, you guys have said they dre bad plans. This, folks, ts a bad plan. Itfs a bad plan because you are jeopardizing the fiscal health of this State. It is a bad plan, becagse you are imposing a couple billlon dollars of I additional debt on the people of Illinois - on us, our childreny l our grandchildren and generations to come - because of mismanagement. We have a Medicaid plan in place that apparently is being, once again, mismanaged. Senator Jones suggested a plan. And according to the direckor of the Department of Public Aid, according to what he called ''reliable studiesn, fraud and abuse in that -- in the usage of Medicaid account to five to forty percent - that's the quote in the Appropriations Committee - af the Medicald budget. TWo hundred and fifty nillion to two billion dollars annually, of fraud or abuse of the systen . We have offered a plan to deal with that, to save that money. It should be started today. Let's save it for the remaining month of Flscal '94, a1l of 195. It would allow us to pay our back bills Withln existing revenues and not try and impose debt on future generations. Let's look at the debt. Debt is simple. The debt says you bought a house. You bought a house; you dve got a mortgage; and now you go to the bank and say, ''Hey, I don't want to pay my mortgage the next couple years. I'd rather use it to buy some clothes, or some shoes, or maybe a car. So I'n not going to pay any principal for a while. Oh, 1'11 1et the other people worry about the principal a couple years from now, but I don't want to pay you, 'cause I got some better use for that noney.'' Well, usually that means you're about to go bankruptr and that's what those who do credit ratings have said to us. Because look at what theylve imposed upon us if we wanted to move forward with 82  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 ! I this plan. And when youdve ever Worked With somebody about to go under, the last banker in says, ''I don't care what anybody else got; I want first rights on a11 money.'' That's what this plan says. It says on the fifth of the month and on the seventeenth of the month, you shall deposit one forty-eighth of the Medicaid into a special account, and then on the nineteenth of the nonth, al1 monies it takes to pay this, to pay Medicaid, must be deposited in a special, newly created fund that is super to a1l others. The full faith and credit of the State is no longer any good. They've said so. So everything has to be in this to pay these bills by the nineteenth - they come first. Guess what's due on the twentieth? School aid payments. So now these costs come befare school aid payments and are super to al1 others. You saw the last year, and the year before, and this yearr how many months We Were in a cash-crunch position - cash-crunch position - here in Illinois. More than six months out of the yeary We 're out of noney. This says, ''Pay this first. Don't pay prison guards; don't pay State employees. Cannot pay school aid. Pay this first.'' Why? Because it's a bad idea. And the bond houses are saying, ''Youdre like almost a bankrupt person. When you don 't have the moneye we grab ours first. Let everybody else worry later.'' The answer is to get rid of fraud and abuse. The answer is to better manage . The answer is nat to impose two billion dollars more of debt on people and jeopardize schools directly - no school aid payment - to jeopardize prison guards and other State enployees directly. No money Eo pay Ehem, 'cause this got to go first. This is a horrible idea, and I would urge its opposition.

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

Mr. President, I just rise on a point of personal privilege. I 83  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994

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

I would like to introduce the fifth grade students from Preeman Elementary School in Aurora, Illinois. They have teachers Virginia Albertino, Carolyn Green, Mike Groon and their principal today, Mark Heiss. If the Senate would welcome them .

PRESIDING OFFICER: (SENATOR MAITLAND) Would our guests in the gallery please rise and be recognized. Welcome to Springfield. Further discussion? Senator Cullertcn.

Thank you. Mr. President. Mr. President, as you know, We have expressed, on this side of the aisle, opposltion to the -- the rules that have been adopted' and I -- we haven't recently raised those -- those issues, but every once in a while something comes along that I -- I just find really kind of surprising. NoW we have a -- a Statute that Senator Carroll cited, asking for a debt impact note. The Statute is very clear. There 's no Way of getting around what the Statute saysr but there ts a way of complying with -- being in compliance with this Statute. If Senator Weaver had asked that the long-term debt note be not required by a majority vote of those voting, we could have waived ! it. But instead the attitude isr ''Oh, you Cre out of order. We donlt care about the Statute.'' And I just think that there should be a more respectful attitude towards the -- if not us, at least *he -- at least Ehe Statutes that are on the books, because you have the majority of the vote, and you could have utilized it. And secondlyy I -- I think that it's appropriate that we have students and children here, because this action of delaying by two years the repayment of our debt is something that affects our children. It's something that the federal government has i unfortunately done for -- for years. Wedre just saying we can't 84  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 123rd Legislative Day May 20, 1994 pay our bills. And so what We need to do is just do a little Work on it. We want to restructure our -- our paymenks. But What we're really saying is that, some tine in the future, some moneys are going to have to be spent to pay off a debt that we (ncurred, and not be available for the future General Assembly - that future generation, perhaps - to have that money availablq, and they are the ones that'll have to come up with the moneyz obviously through a tax increase. But we're, once again, putting it off and not acknowledging that we have the -- the debt now. And that's Why this is a bad idea. If we -- we're aware of the fact that there's an election coning up, and we want to put it off until after the election, and maybe we 'll be here next year talking about tax increases. r just think it's more honest for us to acknowledge that we have the debt right now, that we ouqht to not push it off to future generations, but take the respcnsibLlity ourselves.

PRESIDING OFPICER: (SENATOR MAITLAND) Further discussion? Senator Jones.

Yeah. Thank you, Mr. Presldent. And along the same lines as my colleaques on this side of the aisle: as it relate to House Bill 1883: and I don't think it's dilatory When a Menber asks for something that is statutorily. But perhaps, Mr. President, you didn't want the people of Illinois to know how much debt we are incurring for future generations. I recall -- I recall the Budget Address given by the Governor, when he lndicated that he Wanted to tear up that credit card and live wi*hin our means. Bu* now hefs asking for another credit card with unlimited borrowing. He wants to be able to borrow four and a half billion dollars With -- without any checks and balances. Wipe out the Comptroller; wipe out the Treasurer. Just go and say, nHere, unlimited borrowing.'' That's why you -- you ruled tbat Senator Carroll's remarks were dilatory, because perhaps you didn 't want the people of Illinois 85  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 1238d Legislative Day May 20y 1994 ; to realize that the credit card that the Governor said he Was going to tear up, he's expanding it, robbing the -- robbing the future generations. If he need additional taxes: let him have the courage to tell the peopler ''I need additional taxes.'' Be honest with the people of Illinois. But I don't think we should sit here and give him a credit card with no checks and balances, no plan whatsoever, and We want to keep him at his word . We're -- we're going to help you, Governor Edgar, tear up that credit card. And I urge a No vote on House Bill 1883.

PRESIDING OFEICER: (SENATOR MAIQLAND) Further discussion? Senator Dlllard.

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

PRESIDING OFFICER: (SENATOR MAIQLAND) Indicates he will yield, Senator Dillard .

Senator Weaver, in addition to being a sponsor of House Bill 1883, you're the Chairman of the Rules Committee. Senator Carroll indicated - or insinuated - that there was a Senate Denocratic plan that was bottled up in the Rules Committee to either deal with thls subject or the -- the difficult issue of Medicaid. Did we stop something of theirs in Senate Rules and not 1et it out?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Weaver.

I have not seen any plan of Senator Jcnes' or any other Member of the House. This is the Governorfs plan. And I might also state that on Senate Bill 1757, which was the same level of funding as 1883, there is a debt impact note and you have it.

PRESIDING OFEICER: (SENATOR MAIDLAND) Further discussion? Further discussion? Senator Weaver, to 86  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 close.

Thank youy Mr. President and Members of the Senate. It appears to me that we a11 Want to pay off our vendors, gradually work down our backlog of bad debtsy and this is really the only tame in town. I've seen nothing from the Democratic side to even consider. If you don 't like this plan, come up With your own plan. But this is the only gane in town, and if you want to get on and pass this budget and pay our bills and Work out the Medicaid program, this is the only game in town. I'd appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall House Bill 1883 pass. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have al1 voted who Wish? Take the record, Madam Secretary . On that question, there are 32 Ayes, 27 Nays, nc Members voting Present. House Bill 1883, having not received the required three-fifths majority, is declared failed. House Bill -- I'm sorry. Ladies and Gentlemen, it's necessary for the Committee on Local Governnent to -- to meet briefly down in Room 212. The Senate Will stand adjourned -- stand in recess for five ninutes. (SENATE STANDS IN RECESS) END OF TAPE TAPE (SENATE RECONVENES) 87  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leglslative Day May 20, 1994

PRESIDING OFFICER: (SENATOR MAITLAND) The Senate Will come to order. Senator Croninr for what purpose do you rise, sir?

Thank you, Mr. President. . Just a point of personal privilege. I'd like to introduce the -- the famous, fanous, famous Rhodes School from River Grove, Illinois, USA . There they are. The greatest fron River Grove, my favorite. Please étand up in the gallery and be recognized.

PRESIDING OFFICER: (SENATOR MAITLAND) Will the guesks in the gallery please rise and be reeognized by the Senate. Welcome to Springfield. Senate will stand at ease for a few moments. (SENATE STANDS AT EASE) (SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR MAITLAND) Ladies and Gentlemen, we are ready to to resume. .ww lmachkne cutofflww.Ladtes and Gentlemen, the first -- the first four sponsors up will be Senator Watson, Senator Weaver, Senator Jacobs, Senator Madigan, Senator Jones. ...tmicrophone cutofflm..Bill 2107. Senator Watson? Read the blllz Mr. Secretary.

House Bill 2107. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) 88  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20: 1994 Senator Watson.

Yes' thank youy Mr. President. House Bill 2107 is the work of the Chicago Board of Education and many of the reform groups in Chicagc who are concerned about the continuation of the Chicago reform and the best interests of young people of Chicago and their schools. There's several provisions here. 1'11 just mention them briefly. It shifts the local school council elections to -- to the report card pick-up day ln the spring to lncrease participation. It provides that a1l Chicago principals shall serve under a four-year performance contract. It places in the law a statement that al1 incoming LSC members are strongly encouraged to undergo at least eight hours of training prior to assuming office. It deletes an obsolete reference concerning the Board's prescribing courses of study that serves to cloud the curriculum responsibtlities of the local school councils. It reconciles the Chicago School Reform Act with the School Accountability Law. And it authorizes Chicago principals to utilize 1aw enforcement agencies to control Weapons and gangs within schools. There was an amendment added also in comnittee: Senate Amendnent No. 2, that linits the authority of the Chicago Board to use public funds for the renovation of facilities leased to public officials. It was passed out of the committee unaninously, and I Would encourage its support.

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

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

PRESIDING OFFICER: (SENATOR MATTLAND) Indicates he vill yield, Senator Palmer.

Senator Watsons T just vanted to make sure that according 89  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 : to my analysis, it has been removed that there are sanctions against local school council members for not receiving training. This was certainly one of the problems that I heard about from local school people. That's correct. Yes. PRESIDING OFFICER: (SENATOR MATTLAND) ' Senator Watson. SENATOR WATSON: Yes, that is correctr Senator. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? The question is, shall House B1l1 2107 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have d1l voted who wish? Have a11 voted who wlsh? Take the record, Mr. Secretary. On that question, there are 57 Ayes, no Nays, 1 Member voting Present. House Bill 2107, having received the required constitutional majority, is declared passed. House Bill 2150. Senator Weaver? House Bill 2121 <sic>. Senator Jacobs? Hause Bill 2221. Senator Jacobs? Thank you. Senator Jacobs on the Floor? Is there leave to get back to House Bill 2121 <sic>? Leave is jranted. House Bill 2234. Senator Madigan? Read the bill, Mr. Secretary. SECRETARY HARRY: House Bill 2234. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICER: (SENATOR MAITLAND) Senator Madigan. SENATOR MADIGAN: Thank you, Mr. President. House Bill 2234, as amended, represents an agreement between the lnsurance company business and the Dental Society, insofar as a jaw disorder commonly referred to as TMJ. What House Bill 2234, as amendedr does: It mandates a11 90 l ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day ' May 20, 1994 insurance companies that are not currently offering TMJ as part of their group insurance, to have that coverage available as an i optional coverage; it also, for those companies who are not 1 currently offering that type of coverage, states that they must offer a mininum of twenty-five hundred dollars coverage, including surgical and nonsurgical treatment of that jaw disorder. I Want to compkiment atl the groups that worked very hard, compliment my cosponsor, Senator Syverson, in his work over the last several months, and for that natter, as far as the gtaups are concerned, the last three years. I would be glad to answer any questions on House Bill 2234: as amended, and otherwise would ask for its approval. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there dlscusslon? The questlon is, shall House Bill 2234 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record, Mr. Secretary. On that question, there are 59 Ayes: no Nays, no Members voting Present. House Bill 2234, having received the required constitutional majorltyr is declared passed. House Bill 2423. Senator Jones? Senator Jones? Read the billy Mr. Secretary. ' SECRETARY HARRY: House Bill 2423. (Secretary reads tltle of bill) 3rd Reading of the bill. PRESIDING OPFICER: (SENATOR MAITLAND) Senator Jones. SENATOR JONES: Yeah. Thank you, Mr. President. Hcuse Bill 2423: as amended, l Would permit a foster parent Who has a -- who has a minor who is -- who is subject to proceedings under the Abuse and Dependency 91  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Act -- and Neglect, Who has been a -- who is in a foster parent's home for more than one year after the effectlve date of this Act, and if the minor's placement is being termlnatede Would give that foster parent standing and intervening status in -- in any proceedihgs. And this bill has been worked and worked and worked cn by a11 of the various groups I know, and I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there dlscussion? The question is, shall House Bill 2423 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have all voted who wish? Rave all voted Who wish? Take the record, Mr. Secretary. On that question, there are 56 Ayesr no Naysy l Member voting Present. House Bill 2423, having recelved the required constitutional majorityz ls declared passed. Earller, leave was granted to Senator Jaeobs on House Bill 2121 <sicl . We Will now return to that order of business. 2221. Read the 'bill, Mr. Secretary .

House Bill 2221. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER) (SENATOR MAITLAND) Senator Jacobs.

Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. What this bill does is amends the Partnership for Long-Term Care Act to eliminate a provision which prohibits the Department of Aging from implementing a pilot program, and then there were tWo amendments that were were added on. One requires the Department of Public Health to create a program to lmprove the supply and distribution of health care professionals through 92  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 service education linkage in medically underserved areas, and then one that permits DASA, contingent upon appropriations and upon a conclusion by the Department of -- statutory impediments do not exist, Eo create a pilot program to evaluate the use of acupuncture detoxification and treatment of substance abusers. Both -- a1l of these amendments and the bill were on the Agreed Bi1l List, and I know of no known oppositicn, and ask for a favorable Aye vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question isy shall House Bill 2221 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have a11 voted Who Wish? Take the recordy Mr. Secrekary. 0n that question, there are 59 Ayes, no Nays, no Members voting Present. House Bill 2221, having received the required constitutional majority, is declared passed. Top of page House Bi11 2424. Senator Cronin? Read the b111, Mr. Secretary.

House Bill 2424. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

Thanks, Mr. President. Ladies and Gentlemen of the Senate, this bill has three components. Number one, it defines one factor of the criteria for determining a person who is an unfit parent: requiring that failure to make reasonable efrorts to cgrrect the conditicns which Were the basis for removal of the child within twelve months is grounds for determining someone as an unfit parent. Component number two suggests that a -- this -- a 93  STA'E OF ILLINOIS 88TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 prohibition -- prohibits a court from using a child's race as the primary criterion in determining whether to grant adoptlon to prospective adoptive parents. And item three suggests that -- ) that this -- in the Instruments Regarding Adopted Children Act, which is intended to ensure that adopted children are considered natural children of the adoptive parents for purposes of determining property rights. I ask for its favorable adaptlon.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Is there discussion? The question is# shall House Bill 2424 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who Wish? Have al1 voted who wish? Have a1l voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes, no Nays, 1 Member voting Present. House Bill 2424, having received the required constitutional majority, is declared passed. House Bill 2627. Senator DeAngelis? Read the bill, Mr. Secretary.

House Bill 2627. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) i Senator DeAngelis. SENATOR DeANGELIS: ' Thank you, Mr. President. House Bll1 2627 puts the eounty tax and tort liability into the same form as the local government tort ' liability. Most counties have been filing the levies separately. There's about seven or eight who have not. But some courts have , I decided that sincethlslsnotintheCode,thataseparatelevy j ls not approprlate. This nerely codifies what is done in those I other counties and whatr in fact, the intent for the tort liabiliky levy was. Be happy to answer any questions. '

PRESIDING OFFICER: (SENATOR MAITLAND) 94  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leglslative Day May 20, 1994 Is there discussion? Senator Weaver. I

I would move the previous question. I

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

Thank you, Mr. President. Thls particular bill allows governments - county governments - to get around the tax cap. It is a property tax increase blll. That's what should be up there. It allows for municipallties to separate the tort immunity tax and the corporate tax, and it is a Way around the property tax caps, plain and simple. The courts have ruled - in Dupage County, I might add - that -- that thls should not be done, and I believe that if we are responsible legislators who are sincere abcut lowering the prcperty taxes of the people of this State, We will vote against this bill. Now, if you're for higher property taxes being put down upon your constituents, then you wl11 vote for this bill. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator DeAngelis, to clcse. Senator Dehngelis. SENATOR DeANGELIS: Can I close with a prayer? For myself. No, I -- I thlnk most of you now know what the bill does. Ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall House Bill 2627 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have al1 voted Who wish? Take the recordy Mr. Secretary . On that question, there are 40 Ayes, 5 Nays, 10 Members voting Present. House Bill 2627, having received the required constitutional majorityr is declared passed. 95  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20# 1994 We have a request for permission to shoot videotape by KWQC-TV. Is leave granted? Leave is granted. House Bl11 2631. Senator DeAngelis? Read the bill, Mr. Secretary.

House Bill 2631. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Thank your Mr. President. House Bill 2631 is kind of the omnibus tax bill for the Department of Revenue. There's slgnificant cleanup ln there regarding the changes in the Charitable Games Act. As you probably have been reading in the papery some volunteer organizations have gone ahead and used this as an opportunity for thenselves. It reinstitutes the penalty for filing a fraudulent lncome tax return. Removes the provision that placed an International Fuel Tax Agreement carrier registered in ancther state in violatlon of law. Many, many other changes. And there's some other things in there. It's got the cleanup on Senate Bill 522 that We passed last year. It has Senator Klemm 's bill that allowed a local unit of government to go ahead and issue property tax abatements to the level of three million dollars. Senator Jacobs had a concern about property that was rebuilt residential property in the flood - giving them an abatement. There's a provision in here that gives the sane tax treatment to a model town house or condomlnium as we currently do to a model home. and then also increases the allowable employee training expense credi: from 1.6 percent to two percent. I have many people with me here to help answer any questions. 3e happy to do SO . PRESIDTNG OFFTCER) (SENATOR MAITLAND) 96  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Ts there discussion? Senator Dudycz.

Mr. President, I move the previous question.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Palmer.

Thank you, Mr. President. On the whole, this is not a bad bill. have to say thoughr to point out to the Membership, We did have a long discussion about the -- amending the income tax and increasing from 1.6 to two pereent amounts to be paid eorporations for educational and vocational traininç. And while Members on our side certainly supported that, We were not pleased that this has been rushed into being before the Department of Revenue had completed its work wlth tcp corporations to come up with the rules and regulations that would guide this. So I'm really sorry to see that this was kept in the bill, and look forward to hearing more about the rules and regulations. Every -- a1l the rest of us are under some pressure to be accountable, and without having enough information, we ended up having to vote for this, and I don't thlnk that's proper.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senatcr DeAngelis, to close. SENATOR DeANGELIS: Thank you, Mr. President. Senator Palmer has a good point. Senator, have just been handed a copy of these rules and regs. and I wl11 be very happy to have a copy given to ycu immediately. With that, I urge a favorable roll call.

PRESIDING OFFICER: (SENATOR MAITLAND) The question lsy shall House Bi1l 2631 pass. Those in favor uill vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who wish? Have a11 voted kho wish? Have voted who Wish? Take the record, Mr. Secreeary. On that questiong there are 57 97  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Ayes, no Naysy no -- l Member voting Present. House Bill 2631, having received the required constitutional majority, is declared passed. House Bill 2638. Senator Watson. Senator Watson, do you Nish that bill returned to the Order of 2nd Reading for the . purpcse of tabling an anendment? Senator Watson seeks leave to return House Bill 2638 to the Order of 2nd Reading. On the Order of 2nd Reading is House Bill 2638. Mr. Secretary, are there any - - are there any amendments -- Floor amendments approved for conslderation? No. SECRETARY HARRY: Amendnent No. 6, offered by Senator Watson. PRESIDTNG OFFTCER; (SENATOR MAITLAND) Senator Watson. SENATOR WATSON: Yesy Mr. President, I believe this is the one that we want to table ahd proceed to the next amendment. PRESIDING OFFICER: (SENATOR MAITLAND) Senator -- Senator Watson has moved that Floor Amendment No. 6 be tabled. Those in favor, say Aye. Opposed, Nay. The motion carries, and the amendment is tabled. Are there any further /loor amendments approved for consideration, Mr. Secretary? SECRETARY HARRY : Amendment No. 7, offered by Senator Watson. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. SENATOR WATSON: Okay. Thank you. Thls is an agreed-to amendment thaE involves the community college investment portfolios and their ability to invest in global government short-term bonds. Primarily, this amendment is regulatory. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator Watson 98  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 moves the adoption of Floor Amendment No. 7. Those ln favor, say Aye. Opposed, Nay. The Ayes have and the anendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?

No further amendments reported, Mr. Presldent.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senator Watson, cn House Bill 2638. Read the b111, Mr. Secretary.

House Bill 2638. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

Well, thank youz Mr. President. This bill contains prinarily the noncontroversial language that passed out of the Senate last year in Senate Bill 881. These were inltiatives that Were put forth primarily by the State Board of Education. I can go through and read them individuallyy but 1 believe they are agreed ko and there is no problem. We did add another amendment to the bill, in behalf of the State Board of Educationy that would allow for Bloomington and Normal to proceed, if if they wish to, to consolidate. There is same problens, guess, in the current law that Would ptohibit that: and this helps facilitate that effort. It also allows a petition to form a new community unit school district to include a provision that bonded indebtedness of each prior distrlct be assumed by the new district. Has several other units here that involve primarily clean-up language for the State Board of Education. The amendment we just adcpted is one in whlch would allow the community board -- community schools -- junior 99  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislatlve Day May 20, 1994 ccllege community colleges to invest in global markets. Another amendment was in there for the governments -- Governor's Purchased Care Review Board that was noncontroversial, and another one that Was primarily technical and clean-up language for the Illinois Education Facilities Authority. know of no objectlon. Would be glad to answer any questions.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussicn? Senator DeAngelis. No. A11 right. A1l right. Senator Bernan.

Thank you: Mr. President. Anendment 7 clarified some of the concerns -- or -- or restricted some of the concerns, should say, that we had regarding alloukng the communtty college boards to invest in global government short-term bonds. Let me just say for the record, I am not comfortable with that authority. - - in our debate, you'll recall that I said that I didn't think that if there was a mutual fund that was selling Rwanda park district short-term bonds, that that Would be what we ought to authorize. The amendment that we've adopted is better than the original one. just want to voice my concern and hope that the comnunity college boards do not grab onto this thinking that they're going to make a 1ot of money, because I'm afraid may just go down the tubes. But other than that, I'm going to support the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Further discussion? Senator Watson, you wish to close, sir?

Just ask for your favcrable support.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall House Bill 2638 pass. Those favor will vote Aye. Opposed, Nay. The voting is open. Have all voted 100  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 who wish? Have al1 voted who wish? Have a11 voted who wlsh? Take the record, Mr. Secretary. 0n that question, there are 59 Ayesr no Nays, no Members voting Present. House Bill 2638, having received the required constitutional majority, is declared passed. l House Bill 2642. Senator Watson, you Wish that bill called to the I Order of 2nd Reading for the purpose of an amendment? Senabor I Watson seeks leave of the Body to return House Bill 2642 to the 1 Order of 2nd Reading for the purpose of an amendment. Hearing no I objection: leave is granted. On the Order of 2nd Reading is House Bill 2642. Mr. Secretary, are there any Ploor amendments approved for consideration?

Amendment No. 2, offered by Senator Burzynskl.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynski.

Thank your Mr. President, Ladies and Gentlemen of the Senate. Again, this is a -- a rewrite of the drivers' education language of Senate Amendment No. l to attempt to -- really to clarify some language, as gell as to reach a compromise between the private driving schools, as well as the Illinois Education Association. This is agreed-to language. Idd like to thank Senator Dudycz for his help in reaching this, and Senator Watson for his help, as well as for his patience. I would be more than willing to answer any questions.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusston? Is there dtscussion? Senator Burzynski has noved the adoption of Amendment No. 2 to House Bill 2642. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion is adopted. Are there any further Floor amendnents i I approved for consideratlon, Mr. Secretary? SECRETARY HARRY: j ! l01  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Middle of page 6 is House Bkll 2642. Senator Watson? SENATOR WATSON : Yes. Thank you... PRESIDING OFFICER: (SENATOR MAITLAND) Mr. Secretary, read the bill. SECRETARY HARRY: House Bill 2642. (Secretary reads title of b111) 3fd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. SENATOR WATSON: Yes, thank you. The original billr Mr. Presidenty addressed an issue we passed last year - Senate Bill 991. This allowed school . districts to use life-safety funding for the repairs of playgrounds, sidewalksr parking lots, bus turnarounds, and the bill required districts to hold publlc hearings on those proposed projects. Welly the bond firn of Chapnan & Cutler suggested that standard notification language be included, and that's what We 've proposed this legislation. It also -- has the amendment that Senator Burzynski just explained that addresses the concerns of the driving schools and the teachers' organizations. would ask for your support. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Stern. SENATOR STERN: Will the Gentleman yield for a question? PRESTDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Stern. l02 1 ! . *  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 . SENATOR STERN: 1 I tried to get your attention to ask Senator Burzynski. I -- I don't understand what the dropout license requirement is that reflects the concerns of the teachers. What -- What does that provide? .

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. Responding will be Senator Burzynski.

Thank you. Senator Sterne there was some concern when the bill passed in its orlginal form whether or not private driving schools could teach dropouts, under Nhat circumstances. What the language of the amendment does is clarifies that and says that as long as the student is also working towards a GED or in sone sort of alternative educational progran, that yes, indeed, the private driving schools can teach them; thqy can go and do that. It's -- it's a -- a good bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Watson, you wish to close, sir? The question is, shall House Bill 2642 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who Wish? Have a11 voted who Wish? Have a11 voted Who Wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. House Bill 2642, having received the required constitutional najority, ls declared passed. House Bill 2809. Senator Jones? Read the bill, Mr. Secretary .

House Bill 2809. (Secretary reads title of bill) 3rd Readëng of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones.

103  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20z 1994 Thank you, Mr. President. Hcuse Bill 2809, as amended -- as amended, Would prohibit a parent of a minor or a dependent child from inheriting from the child 's estatez if the parent has willfully neglected, deserted or failed to perform their duty in support of this child. Also as amended, it.Would exempt property that is in joint tenancy fron the provisions of this bill. Require that a certified copy of determinatlon be filed: and it also allows the judge to reduce the amount of any death award as justice may deem necessary, if the -- if the minor child was owed child support more or less. So lt allows the judge to reduce the amount of the award, if necessary. And it has been worked on with the Illinois State Bar Associationy Chicago Title Company of the City of Chicago. The bill is agreed to, and ask for a favcrable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is, shall House Bill 2809 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have al1 voted who wish? Have all voted who Wish? Take the record r Mr. Secretary. On that question, there are 58 Ayes, no Nays, no Members voting Present. House 3i11 2809, having received the required constitutional majorityy is declared passed. House Bill 2931. Senator Bowles? Read the bill, Mr. Secretary. SECRETARY HARRYJ House Bill 2931. (SecreEary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowles.

Thank you, Mr. Presldent, Ladtes and Gentlemen of the Senate. This House Bt1l 2931 cbanges, or amendsy the Clvkl Admënistratëve l04  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' 123rd Legislative Day May 20, 1994 ! Code of the State of Illinois which would authorize the Department of Tzansportation to -- to undertake regulatory flood hazard mapping process This is a process that the Department of . / Transportation is presently dolng. Passage of this bill would statutorily authorize the function Whleh they're presently doing. And I would ask for a favorable vote.

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

Thank you very much. Will the sponsor yield for a question? Are We doing this so that people know Where they can go swimming , or -- or Where they can drownd, or -- or why are we doing this?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowles.

We dre doing it for flcod hazards. You kncw, we had the floods last spring and this sprlng.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell.

Are We doing itr then, so that people can go and see the floods? I I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowles.

I think I1n being put on.

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

Well, thank you, Mr. President. I -- I just have some concerns about mapping the hazard areas. I'd like to ask the sponsor: Hcw does FEMA map hazard areas? Do they do it with, like, city maps, l05  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20# 1994 I or do they go out and -- are they -- hoW do they create these map I hazards areas? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowkes. SENATOR BOWLES: ' They do it by aerial photography, Senator. PRESIDING OFFICERI (SENATOR MAITLAND) Senator Dudycz. SENATOR DUDYCZ: Does that nean they use IDOT planes or helicoptersr or -- or how do they -- hoW do they map khese through aerial photography? I mean, what -- What type of film do they use? PRESIDING OFFICER: (SENATOR MAITLAND) Senator -- Senator Bowles. . SENATOR BOWLES: Well, frankly, I don't really know. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Hall. SENATOR HALL: Thank you. As a11 of you know, we had terrific floods in this area down there, and *he thing is that this is -- and wefre afratd that some of this might come back again this winter. So I Would say that Senator Bowles is -- she's correct, and we need this bill bad as a dead man needs a coffin. PRESIDING OFFICER: (SCNATOR MAITLAND) Senator Topinka. SENATOR TOPINKA : Yes, if I -- a question of the sponsor, and -- and for whatever goes on here, this ls really a real question. Okay? PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she will yield. SENATOR TOPINKA : I 106  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Yes, thank you. This -- this was scmewhat similar to a bill I had about tWo to four years ago - scmewhere in the course of that couldn't pass for spit. But you may have better luck, considering the circumstances. Does this indeed also include: like, the photographing of floodplains and -- so that people who could buy homes would have an idea of where they could put this home without being flooded out? Does that take that into consideration?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowles.

To the extent that it would be considered a hazard, I would Say yes.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Topinka.

Do you consider a floodplain a hazard, if indeed a building is on it?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowles.

Sorry -- I'm sorry. I didn't understand the...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Topinka.

Do you consider a floodplain a hazard, if it if it holds buildings?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowles.

Well, there were areas ln Missouri, and also on the Illinois side, that were floodplain areas on which buildings had been 107  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 123rd Legislative Day May 20, 1994 i constructed and khey were totally and completely devastated. So I it has the potential,yes, of belng a hazardous area. y

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Topinka. SENATOR TOPINKA: . And who would have access to these naps? Would they -- would they be available to -- let's sayr like could real estate boards qet them, pass them out? I mean, wauld they be done Wholesale? Would they be kLnd of like -- part of the information network we have with the Stater or do they kknd of stay with FEMA and we'd have to kind of hit on FEMA if We had a question?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowles.

I would say that they Would be public knowledge. They Would be available to anyone who had a concern.

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

Thank your Mr. Presldent, Ladies and Gentlemen of the Senate. According to my Calendar, this bill is sponsored by Sena*or Demuzio, and I want to state that Senator Demuzio looks much better presenting this bill than he has on any of those in the past. But I would like to ask the -- the sponsor a question, tf she would yield.

PRESIDING OFFICER: (SENATOR KAITLAND) Indicates she Will yield, Senator Jacobs.

Just a little follow-up if you might, on Senator Dudycz's question in regard to the hazards and et cetera. Inasmuch as they are photographing hazardous areasr do they get hazard pay for that? i 108  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION . SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowles. SENATOR BOWLES: i Not to my knowledger but We eould consider it, I presume.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Well, you knou, I -- I'm from an area thak -- that also is on the Mississippi River. Years ago we took the precautions and we leveed our area. And have you ever considered maybe taking local monles and putting this -- leveeing these areas, rather than worrying about the hazard?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bowles.

I'm sorry. I had an interruption and I didn 't :et the Senator's questlon.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Youdre doing a nice enough job. 1111 leave it go.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Geo-Karis. ! SENATOR GEO- KARTS: l 1 . Mr. President and Ladies and Gentlemen of the Senate, I think welve aggravated Mrs. -- Senator Bowles enough. I night tell you that Mr. Bell from the DepartmenE of Transportation said he had no I problems with the billr and I move for its favorable passage. And I f I admire Mrs. Bowles for putting up with some of our antics. But I 1 I you have to expect it, this is your first bill. !

PRESIDING OFFICER: (SENATOR MAITLAND) Final sponsor -- final Senatorr Senator Demuzio. 109  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994

Wellr as a cosponsor, I feel compelled to say something positive about this bill. Senator, you know more about thls bill than I did. I'm sure glad that you are the sponsor. Let me 2 indicate to you, 1.-- I asked Representative Ryder, you know, what , the nature of this bill was and why lt was here, and he was unable I to answer. A while ago he just called me and he said this is just i a vehiclebillforthe highway program . So I would rise in f support of lt.

PRESTDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Bowles, you wish to close?

I would ask for a favorable votey Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall House Bill 2931 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayes: no Nays, 1 Member voting Present. Hcuse Bill 2931, having received the required constitutional majorityr is declared passed. Congratulations, Senator, on your first bill. House Bill 3094. Senator Raica? Senator Raica? Read the bill, Mr. Secretary.

House Bl11 3094. (Secretary reads tttle of bill) 3rd Reading of the btll.

PRESIDING OPFICER: (SENATOR MAITLAND) SenatorRaica. , f

Thank your Mr. President, Ladies and Gentlenen of the Senate. 1 WhatHouseBill3094doesisprovidesthatlfapoliceofficerhas j probablecausetobelievethatavehicle is being driven by a ! 110  STATE 0P ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 person who's under the influence and that indlvidual has caused a death or perscnal injury, the officer can require the person to submit to a drug, breath or urine test. And I just ask for a -- a favorable roll call.

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

Thank your Mr. President. Just to ask Senator Raica if this is his first bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? The questton is, shall House 3il1 3094. Those in favor Will vote Aye. Opposedr Nay. The voting is open. Have al1 voted Who wish? Have al1 voted who Wish? Have all voted who wish? Take bhe record, Mr. Secretary . On that question, there are 57 Ayesr no Nays: no Members voting Present. House Bill 3094, having received the required constitutional majority, is declared passed. House 3i11 3244. Senator DeAngelis, do ycu Wish this àill returned to the Order of 2nd Reading for the purpose of an amendment? Senator -- Senator DeAngelis seeks leave of the Body to return House 3il1 3244 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3244. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendnent No. 6, by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Amendment No. 6 is an amendment that claryfies some problems and objections bo Amendment No. 5, which is the amendment that creates the Education for Homeless Children I 111  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 Act. It changes the definition of a homeless child. Adds another person to the transportation issue, which is the ombudsman. Removes the -- turns around and requires the birth certificate. i Removes the -- the requirement or the opportunity not to present a blrth certificate. Provides a two-year phase-in for Chicago, but ! while that phase-in is in effect: which is in the bill, they must provide transportation for the student. And then therefs a technical reference to the federal law .

PRESIDING OFFICER: (SENATOR MAITLAND) Is there dlscusslon? Senator Berman.

I stand in support of this bill. I think the sponsor has done an excellent job in reconciling some serious questions. There is going to be additional discusslon as this bill moves along, and if it passes, there will also be sort of a supervision, because some of the questions that have been raisedr particularly regarding transportation, no one knows the answer. Those are costs that may be incurred, but we want to monitor this so that We accomplish the good purposes of the bill, without incurring unforeseen extensive expenses. But I think it's an excellent bill in -- at the present time.

PRESIDING OFPICER: (SENATOR MAITLAND) Further discussion? Senator Klemm .

Yes. Will the sponsor yield for a question?

PRESIDING OFPICER: (SENATOR MAITLAND) Indicates he will yield, Senator Klemm.

Well, my -- my ccncern in our area, obviouslyr are sone transportation costs for those that are outside the district's area that we have to spend -- send a special bus to some of the homeless centers and bring then into their area. These would be 1 112  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 123rd Leglslative Day May 20r 1994 I concerns. Obviously we want to address those and we probably can before maybe even the Veto Session. So my question to you, Senator: Is this an area that we'll be working on - that some of our districts will look for some support for some relmbursement on that? . PRESIDING OFFICER: (SENATOR MAITLAND) : I Senator DeAngelis. SENATOR DeANGELIS: Yes, Senator Klemm. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Sepator Collins. Okay. A11 right. Very good. Senator DeAngelis, you wish to closey sir? SENATOR DeANGELIS: Yeah. I might remind the Body that wedre discussing Amendnent No. 6, but wedve already discussed No. 5, which is the bill that 6 is attached to. But I move for a roll call on -- favorable roll call on Amendment No. 6. PRESIDING OFFICER: (SENATOR MAITLAND) Senator -- Senator DeAngelis moves the adoption of Flocr Amendment No. 6 to House Bill 3244. Those in favor, say Aye. Opposedy Nay. The Ayes have it, and the amendnent is adopted. Any further Floor amendments approved for consideratlon, Mr. Secretary? SECRETARX HARRY: No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Mlddle of page 6 is House Btll 3244. Senator DeAngelis? Read the bl11; Mr. Secretary. SECRETARX HARRY: House Bill 3244. (Secretary reads title of bill) 3rd Reading of the bill. ll3  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. House Bill 3244 has the orlginal Act in which is the bill that eliminated some unnecessary reporting on the State Board of Education. has on it Senate Amendnent No . 2, which is from the Auditor General's Office, which directs the State Treasury to -- to take mcnies from various funds, Which they're supposed to do each yearr to the Audit Expense Fund, in order to pay for the expenses of auditing. And Amendment Nc. 5, which we just amendeds is the bill that creates the -- the Education for Hcmeless Children Act, and this Was discussed rather extensively yesberday. 1'11 be happy to answer any questions on it. And Amendment No. fact, amended Amendment No . 5 to clear up some points that some people had some problems kith . Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is# shall House Bill 3244 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have all voted who Wish? Have all voted who Wish? Take the record, Mr. Secretary. On that question, there are 59 Ayes, no Nays, no Members voting Present. House B111 3244, having recelved the required ccnstitutional majorlty, is declared passed. House Bill 3278. Senator Dcnahue? Read the bill, Mr. Secretary .

House Bill 3278. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue.

114  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Thank you -- thank you, Mr. President. I just Wanted to make sure they were a11 awake. This is a pretty extensive bill, and -- and bear with me. .1111 go through it as quickly as can, and then 1,11 be more than happy to answer any questions or would -- the various sponsors of the amendnents, I'm sure, would be more than happy to do that. The underlying bklly House Bill 3278: deals with federally mandated rules and regulations ,eoncerning child Bupport and our abklity to do a better job in eollecting and -- and remitting that -- our child support payments. Also, one of the amendments deals with the same type of thing. But Amendment No. 2 requires Welfare mothers under the age of seventeen to live in an adult-supervised living arrangement. Amendment No. 3 repeals the provision that provided eligible inmates With an -- expedited welfare payments. Amendment No. 4 requires a welfare mother age eighteen and under who has not received a high schocl diploma or GED, must be enrolled ln school cr be workln: toward that GED or they will lose thelr AFDC grant. Amendment Nc. 5 provides that APDC mothers shall not receive an increase in a grant solely due to the fact that they had a birth of an additional child. Amendnent No. 7 added the provision, sponsored by Senator Tom Dunnr which provided for a -- a demonstration project giving time limits to our welfare recipients. That's basically what's in this bill, and I would hope we could have a favorable roll call. T'd be happy to answer any questions.

PRESTDTNG OFFTCER: (SENATOR MATTLAND) Is there discussion? Senator Hawkinsön.

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

PRESIDING OFPICER: (SENATOR MAITLAND) Indicates she will yield: Senator Hawkinson.

Senator, T'd intended to ask ehis yesterday, but on Amendment 115  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ( I REGULAR SESSION ' SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 No. 6, on page 2, lines 31 and 32, there is language that says MAn attorney who provides representation pursuant to this Section shall represent the Illinois Department exclusively.s' If you took that at face value, it might mean. that those assistant State's attorneys and assistant attorney generals downstate who collect the IV-D payments could not have any other practice. It's my understanding that that's not the that's not the intention; that it simply means that when theylre representinç the Department in these casesr theylre not representing some other party. But I.d like that on the record.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Donahue.

That 's absolutely correct. What we are trying to establish with that language is that those attorneys do represent the State of Illinois, and an attorney-client relationship does exist between the State and the attorney.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Donahue, you wtsh to close? On that questkon, there -- on -- the question isr shall House Bill 3278 pass. Those in favor Will vote Aye. Opposed: Nay. The votlng is open. Have a11 voted Who Wish? Have a11 voted Who wish? Have a11 voted who'wish? Take the record, Mr. Secretary. On that question, there are 53 Ayesy no <sic> (3) Nays, 2 Members voting Present. Hcuse Bill 3278, having received the required constitutional majority, is declared passed. Senator DeAngells, for what purpose do you arise, sir? SENATOR DeANGELIS: Point of personal privilege.

PRESIDING OFFICER: (SENATOR MAITLAND) State your point. SENATOR DeANGELIS: 1l6  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leglslative Day May 20, 1994 . I Mr. President, I would like to offer a special thanks to a11 the people that worked on the Education for the Homeless Act. I realize that the educational community had some serious concerns. I don't think I've seen that kind of cooperaeion on too many other bills, but I want to thank the -- *he three MOES up there - the mavens of education: Ann Dickett from SCOPE and Kathy Richards from ED-RED and -- and Heidl Biederperson <siel (Biederman) from LUDA. And then I'd also like to thank Sister - Sister, are you here? - Sister Marie, Darcey -- Marcy Sutton and Diane Nylan, and also the Members cf the Committee Who had some difficulty with this bill at the outset. So, I think if we applied the same effort to the school aid formula, We could probably resolve it.

PRESIDING OFFICER: (SENATOR MAITLAND) House Bill 3322. Senator Madigan? Read the billr Mr. Secretary.

House Bill 3322. (Secretary reads title of bl11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Madigan.

Thank you, Mr. President, Members of the Senate. House Bill 3322, as ik came over to the Senate, provided that a corporation which was convicted of a crime resulting in the loss of its license, could have Ehe license reinstated; however, to have that license reinstated, Ehe members of the corporate -- member or member of the corporation directly responslble for the crime must no longer have any relationship or connecticn to that corporation. There were two Floor amendnents offered to House Bill 3322 the other day. First of allr Senator Berman offered a clarifying anendment to the original language which more narrowly and more 117  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 correctly defined the nature and lnkense scope of the legislatlon. Secondly, there was an anendnent offered by Senator Donahue to address a problem in her district regarding -- or coming about as a result of tbe flood last year. There was a facility over there that had a liquor license exemption for being on State property. As a result of the flood r that facility' is now under the cantrol of the federal gavernment. or the Army Corps of Engineers, and we simply want to move that exemption or transfer that exemption so that reflects that it's on federal property, rather than State property. I wculd be glad to answer any questions to House Bill 3322, as amended, and otherwise would ask for its favcrable consideration.

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

Thank you, Mr. President. Just for the record ls there anythlng in this bill, Senator Madiganr dealing With the cash beer law?

PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan.

Thank you , Mr. President. Noz Senator Cronin, there is nothing in this bill on the cash beer law.

PRESIDING OFFICER: (SENATOR WATSON) The question is: shall Senate Bill 3322 pass . A11 those in favor Will vote Aye. Opposed, vote No. The voting is open. Have a1l voted who wish? Have all voted Who wlsh? Have a1l voted who wish? Take the record. On that question: there are 51 voting Yes, 5 voting No, no voting Present. House Bill 3322, having received the required constitutional majority, is declared passed. Senator Fawell, do you wish to have House Bill 3457 returned to 2nd Reading for the purposes of amendment? 118  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Yes, I do. PRESIDING OFFICER: (SENATOR WATSON) i i Thank you . Senator Pawell seeks leave of the Body to return I House Bill 3457 to khe Order of 2nd Reading for the purposes of an i amendnent. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 3457. Mr. Secretaryr are there any Floor anendments approved for consideration? 1 SECRETARY HARRY: Amendment No. 3, by Senator Fawell. PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell. SENATOR FAWELL: Thank you very much. This is a clarifying change, as requested by the State Board of Education and agreed to by all parties. It provides that districts only need to submit their school improvement plans if requested to do so by the State Board, and number two, provides that the State Board shall conplete its review of the process after a11 school improvement plans have been completed, as opposed to submltted. And I Would ask your favorable vote. PRESIDING OFFICERI (SENATOR WATSON) Seeing -- seeing no discussion, a11 those in favor, say Aye. Opposed: Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration? SECRETARY HARRY: No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. On page 6, bottom of page 6, we find House Bill 3457. Mr. Secretary, please read the bill. SECRETARY HARRY: House Bill 3457. 1l9 !  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 (Secretary reads title of btl1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Pawell.

Thank you very much. :he Senate Amendment No . did delete the origknal bill and becomes the bill. This amendment was developed wtth input from the IEA, the IMA, the State Chamber of Ccmmerce, State Board of Education, LUDA, the School Boards' Association, and so on and so forth . Ik requires the State Board to provide technical assistance to the school accountability process, as may be requested by the local school districts: LSCS, school improvement panels and the regional superintendents. It authorizes the technical assistance provided by *he State Board cf Education to include: one: the training of -- of their personnel in the process so that they, in turn, can come back to the schools and tell them what they expect, and development of models of school improvement as may be used by examples by districts developing their plans. It allows school dlstricts to file the school improvement plans two by two by kwo.

PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? Seelng none...

I'm -- I'm just -- 1'11 tell you, 1...

PRESIDING OFFICER: (SENATOR WATSON) . . . the question is, shall House Bill 3457 pass. All Ehose in favorz vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that questlon, there are 58 voting Yes, no voting No, no voting Presenk. House Bl11 3457, having received the required constitutional majority, is declared passed. Senator DeAngelis, for what purpose do you rise? l20  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 SENATOR DeANGELIS: I Point of personal privilege, Mr. Presldent. PRESIDING OFFICER: (SENATOR WATSON) State your point. ! ; SENATOR DeANGELIS: When we passed House Bill 2631, I should have read a leglslatlve intent, because there mlght have been some question based on a bill that I passed yesterday. So may I read it into the record - the legislative intent? PRESIDING OFFICER: (SENATOR WATSON) You may . SENATOR DeANGELIS: ' Thank you. For purposes of legislative intent: the limltations on the number of eharitable game events that may be held at any one premises are not intended to apply to premises owned by municipallties. House Bill 2634, passed by us last week, sets forth limitations for premises owned by municipalities. PRESIDING OFFICER: (SENATOR WATSON) Thank you. The record Will so reflect. Senator Demuzioz for what purpose do you rise? SENATOR DEMUZIO: I thought about moving to reconslder on Senator Fawell's bill, because I didn 't get it a11 -- hear a11 the rest of the explanation, but I think 1'11 let it go for the mcment. PRESIDING OFFICER: (SENATOR WATSON) We11, thank you. House Bill 3485. Senator Burzynskl? Read the bill, Mr. Secretary. SECRETARY HARRY: House Bill 3485. ' (Secretary reads title of bill) 3rd Reading of the bill. I ! . i PRESIDING OFFICER: (SENATOR WATSON) 121  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Senator Burzynski.

Thank youy Mr. President, Ladies and Gentlemen of the Senate. This is a b111 that really takes care of some students - dental students - that were kind of lost in the crack. 1983 we passed legislation requiring a minlmun of two years of clinical training; however, there were students that were completlng the one-year training that was then required by the State Board of Dentistry, and so this really takes care of that. additlon to that: alsor this deals with legislation concerning advertisements that might imply that they 're a public service rather than by a for-profit organization.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, the question is, shall House Bill 3485 pass. A11 those in favor, vote Aye. Opposed , vote No . The voting is open. Have a11 voted Who wish? Have a1l voted Who wish? Have al1 voted who wish? Take the record. On that question, there are 59 voting Xes, no voting No, no voting Present. House Bill 3485, having received the required constitutional majority, is declared passed. House Bill 3551. Senator Fawell? Please read the bill, Mr. Secretary.

House Bill 3551. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR WATSON) Senator Fawell.

Thank you very nuch. Maybe I should just ask for a favorable vote. -- it has -- creates special license plates for fallen police offkcers and firefighters. has several amendments. One is -- it contains clean-up language requested by 122 4  I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 the State Police, Mid-West Truckers, Illinois Transportation Assoclation, IDOT, and so on. Secondy allows the Tollway Authority to hire its own attorneys. Third, provldes unincorporated territory located within the -- Cock County, the homeowners' assoclatian of a subdivision with at least a hundred permanent dwellers may erect street signs. And fourth, amends the - - and extends two years the quick-take powers of the Southwestern Illinois Development Authority. ask for a favorable vote.

PRESIDING OFFICER: (SENATOR WATSON) Is there any diseussion? Any discussion? Seeing noney the question is, shall House Bill 3551 pass. A11 those in favor, vcte Aye. Opposed, vote No. Votlng is open. Have a11 voted Who wish? Have al1 voted who wish? Have al1 voted Whc Wish? Take the record. On that question, there are 55 voting Yes, voting Noy voting Present. House Bill 3551, having received the required constitutional majority, is declared passed. House Bill 3582. Senator Butler? Read the bill, Madam Secretary.

House Bill 3582. (Secretary reads title of b111) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Butler.

Thank you, Mr. President. House Bill 3582 gill save western - - Will save Western civilization as we know It -- a11 -- a11 of the controversial amendmenks have been taken out. Wedre back down to the original bill, which authorizes currency exchanges to dispense candy, gum and cther packaged goods in addition to vending soft drinks now. So we a1l can rest easier tonight.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator de1 Valle. l23 d  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 SENATOR dEL VALLE: Wellr thank you, Mr. Chairman, just Want to comment that a couple years agor when we were talking wlth the Currency Exchange Association about lowering their check-cashing fees for Publkc Aid checks and for other government checksy they were offered bhe opportunity to be able to sell other -- candies and other -- other items, and their response back then was, ''Wel1, we don't -- We don't really want to do that. We don't care about that. We just don't want our fees reduced.'' And now we have a bill that.allows them to do what vas offered, in exchange for a what was a reasonable proposal to reduce what are still very high fees for cashing government checks. And so, I'm kind of disappointed that we didn't get cooperation back then, but here we are todayy trying to help them out once again.

PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? Senator Butlerr to close.

ask for a favorable vote.

PRESIDING OFFICER: (SENATOR WATSON) On that question, there -- oh, excuse me. The question is, shall House Bill 3582 pass. Those in favor will vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wlsh? Have a1l voted <ho vlsh? Have al1 Moted who wish? Take the record. On that questionr there are 53 voting Yes, 4 votlng No, 2 voting Present. House Bill 3582, havin: received the requlred constiEutianat majority, is declared passed. House Bi1l 3587. Senator Dudycz? Madam Secretary, please read the bill.

House Bill 3587. (Secretary reads title of bill) 3rd Reading of the btll.

PRESIDING OFFICER: (SENATOR WATSON) 124  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Senator Dudycz.

Thank you, Mr. President. House Bill 3587, as amended, provides for State troopers who are cleared of any wrongdoing in a suspension hearing to be awarded back pay plus seven percent interest. It also requires that an officer must be given a three-day notice before being interrogated, which can be waived at the officer's discretion. The bill also contains the contents of two pieces of legislation previously passed out of the Senater but somehow got stuck in the -- in the House, which provide for the Treasurer -- of the Illinois Treasurer to cooperate w1th our appropriate jurisdictional authorities in puttlng banking services in State buildlngs or on State property, and the Auditor General's recommendations on State housing benefits, calling on certain State agencies to develop housing policies that address specific criteria.

PRESIDING OFFICER: (SENATOR WATSON) Questions? Senator Palmer.

Just a point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) State your polnt.

I'd like the record to reflect that on 3582 I was not lcoking at my board . I pushed Present. I meant to push No.

PRESIDING OFPICER: (SENATOR WATSON) The record will so reflect. Is there any other discussion? The question is, shall House B1ll 3587 pass. Al1 those in favor will vote Aye. Opposed, vote No. The voting is open. Have al1 ' voted Who wish? Have a11 voted who Wish? Have al1 voted who wish? Take the record . On that questicn, there are 58 voting Yesr no votlng No, no voting Present. House 3il1 3587, having  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Leglslative Day May 20, 1994 received the required constitutional majority, is declared passed. House Bill 3611. Senator Sieben? Madam Secretary, please read the bill.

House Bill 3611. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.

Thank you, Mr. President. House Bill 3611 amends the Directors ' Section of the Banking Act. Permits directors to consider community neighborhood effects of their business decisions, including mergers and changes of control. We added tWo amendments to the bill yesterday . The first amendment is language agreed to by the Community Bankers and the Illinois Bankers Association dealtng wkth director and officer liabtlity. And the Amendment No. 3 was added that allogs trust funds awaiting investment to be collateralized by surety bonds. There's no opposition to the bill, and I'd move for its passage.

PRESIDING OFFICER: (SENATOR WATSON) Is there any dlscusslon? Seeing noner the question is, shall House Bill 3611 pass. A1l thcse in favor will vote Aye. Opposed, vote No. Thê voting is open. Have al1 voted Who Wish? Have a1l voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 57 voting ïes, no voting No, 1 voting Present. House Bi1l 3611, having received the required constitutional majority: declared passed. House Bill 3883. Senator Topinka. Madam Secretary; Would you please read the bill.

House Bill 3883. (Secretary reads title of bill)  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) 1 Senator Topinka. '

Yes. Mr. President: Ladies and Gentlemen of the Senate, this creates tbe Biotechnology Sectlon <sic> (Sector) Development Act. Requires the Department of Agriculture to set up a new program to develop biotechnology businesses in the State, and it establlshes an advisory council to assist the Departnent. It is our attempt here tc get at the fact that the State has no organized efforts or role in providing biotechnology planning or development in this State. It's supported by the University of Illinols, Northwestern Unlversityy the Department of Agriculture, and comes out of the Citizens Assembly. And there seems to be no opposition. I'd seek a favorable vote.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall House Bill 3883 pass. A11 those in favorr please vote Yes. Those opposed, vote No. The voting is open. Have a11 voted Who Wish? Have all voted who Wish? Have a11 voted Who Wlsh? Take the record. On that question, there's 57 voting ïes, no voting No, no voting Present. House Bi11 3883, having received the required constitutional majority, ls declared passed. House Bill 3975. Senator Topinka. Please read the Secretary -- please read the bill, Madam Secretary.

House Bill 3975. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) ' I Senator Topinka. SENATOR TOPINKA: 1 127  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 Yes. Mr. President, Ladies and Gentlemen of the Senate, this creates khe Freestanding Hospice Residence Licensing Act; however, in -- ln hoW we put this together, we agreed that we would only pass it out as a study should the parties invotzed here not be able to come to any kind of a conclusion.. Indeedw the study exists. The cancluslon was not reached. It is no greater than a study, and we would like to send it back to the House that form .

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, shall House Bill 3975 pass. Those in favor Will vote Aye. Opposed, vote Nc. The voting is open . Have al1 voted Who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record . On that question, there are 58 voting Yesz no voting No, 1 voting Present. House Bill 3975, having received the required constitutlonal majority, is declared passed. Madam Secretary, Committee Reports.

Senator Raica, Chalrman of the Committee on Local Governnent and Elections, reports Senate Bill No. 1083, With a motion to concur with House Amendment No. 2, Be Adopted .

PRESIDING OFFICER: (SENATOR WATSON) For a11 praetical purposes, that ccncludes Hcuse Bills 3rd Reading unless sone Member has a bill they'd lkke to possibly go back to. Seelng none, why, we -- that concludes our 3rd -- Senator Wcodyard, for what purpose do you rise, please?

Supplemental?

PRESTDING OFFTCER: (SENATOR WATSON) There has been a Supplemental Calendar that has been distributed . The Membership Will be advised that the Senate now shall proceed to Supplemental Calendar No. On the Order of Secretary's Desk, Concurrence, Senate Bills, is Senate Bill 1083, 128  SSATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20r 1994 sponsored by Senator Woodyard. Madam Secretary, please read the bill. I

I move to concur With the House in the adoption of their - 1 Amendment No. 2 to Senate Bill 1083. . Filed by Senator Woodyard.

PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard.

Thank -- thank you, Mr. President and Members of the Senate. Before explatning this bitl, I would like to certainly publicly and personally thank Senator O'Malley for relinquishing his sponsorship of Senate Bill 1083. And I also apologize taking up the time, but this does have qulte a 1ot of urgency involved with it. In mid-April, when floods hit Central Illinois, the Danville Sanitary District sewerage treatment plant was severely damaged by that flooding - something in the several millions of dollars - and we 're now discharging raw sewerage into the river. The sanitary district ls really in a Catch-22 situation. EPA Would only Waive for forty-five days that discharge of raw sewage into the river, and yet the bidding process that has to take place under State law would require something near ninety days. What this bill now does, would allow an exemption, under certain kinds of disasters, on that biddlng process. It's my understanding the contracts are ready to be signed this weekend. The Governor has agreed to take lmmediate action ln signlng this bill as soon as it reaches his desk, and I would like for your favorable consideration on Concu rrence . PRESIDING OFFICER: (SENATOR WATSON) . Further consideration? Senator Petka .

Thank you, Mr. President. Point of personat privklege, l29  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 please. PRESIDING OFFICER: (SENATOR WATSON) Please state your point, Senator Petka. SENATOR PETKA : I would like to be recorded Aye on.House Bill 3611. Fcr some reason, ny switch did not work. PRESIDING OFFICER: (SENATOR WATSON) The record will so reflect. Senator Severns, for wbat purpose do you rise? Senator Severns. SENATOR SEVERNS: . Thank you, Mr. Presldent. Would the sponsor yield for a question? PRESIDING OFFICER: (SENATOR WATSON) res, the sponsor will yield: Senator Severns. SENATOR SEVERNS: ' Senator Woodyard, is there any specific reason why this legislation failed to demand an extraordinary vote if, in fact, it's an emergency? And I understand you're talking about a specific situation. But if it's an emergency, should not an extraordinary vote be required, and is there any reason why that language was left out? PRESIDING OFFICER: (SENATOR WATSON) senator Woodyard. SENATOR WOODYKRD: I don't really know the answer to that. I think the Parliamentarian maybe would be able to answer that. PRESIDING OFFICER: (SENATOR WATSON) Senator Severns. SENATOR SEVERNS: . I -- I'm not talking about an extraordinary vote here. I'm saying an extraordinary vote in the language that youfve just written. Al1 that's required right now is -- is the proposal in 130 I STATE OF ILLINOIS 88TH GEHERAL ASSEMBLY REGULAR SESSION ! ; SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 ! ! . Writing. On the heels of -- of passing in this Chamber: a: long lasty some purchasing reform measuresz whlch include compekitive ; bidding as its preference, it seems ironic that a day later we're passing something that provides for no competitive bidding and just with a written notice. It seems a little lcose, cr a little 1ax PRESIDING OFFICER: (SENATOR WATSON) Any further discussion? Was that a questiony Senator? Excuse me. Senator Woodyard. SENATOR WOODYARD: Well, it's my understanding, Senator, that we didnlt change the language in the part of the bill that deals With the Board havin: to pass on the contracts, so - they very definitely would = but it does then go ahead and exempty after the Board's passage, that competitive bidding portion. And it is very narrowly -- as nearly as we can telly very narrowly defined in there as to -- you know, the only time you can waive this is in the event of -- of a disasker. Speaker Madigan very personally signed off on this language, as well as -- We have at least indication from the Governor that he would sign it. I don't knoN khat else to say. PRESIDING OFPICER: (SENATOR WATSON) Senator Severns. SENATOR SEVERNS: Well, then, perhaps I can ask, what's the definition of a man-made disaster? PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard. SENATOR WOODYARD: I would presume that that could be in the event somebody planted a bomb tn the plant or scmething like that. Our problem - - I don't know how to -- hcw to get past the EPA problems - both federal and State - on discharge of sewerage into that river : 131  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 without this kind of legislation.

PRESIDING OFFICER: (SENATOR WATSON) Eurther discussicn? Senator Severns.

Senatory I regret to make this request, as you're trying to act on 3rd Reading, but would you conslder at least putting a repealer in this language?

PRESIDING OFFICER: (SENATOR WATSON) Senatcr Woodyard. This is final action.

Well, Senator, I really need to get this bill passed by this Weekendy and I think there are a 1ot of people on this Floor that - - that want to get out of here. And the only thing I know is, vote your conscience, I guess. We -- I -- I really need to get this thing moving.

PRESIDING OFFICER: (SENATOR WATSON) Any further discussion? Seeing none and this is final action - and the question is, shall the Senate concur in House Amendment No. 2 to Senate Bi11 1083. Those in favor Will vote Aye. Opposeds vote No. The voting is open. Have al1 voted who Wish? Have a11 vcted Who wish? Have a11 voted who Wish? Take the record. On Ehat question, there are 50 voting Yes, 2 voting No, and no voting Present. Senaee Bill 1083 -- the Senate does concur in House Amendments No. 2 to Senate Bill 1083, and the bill, having received the required constitutëonal majority, is declared passed. Senator Weaver, for what purpose do you rise?

Thank you, Mr. President. The on our adjournment resolution, Senate Joint Resolution 165, the Hause gave us the wrong information on their -- the wrong time on their pdjournment, so I Would like to -- having voted on the prevailing side, table Senate Joint Resolution 165. 132  STATE OF ILLINOIS , 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994 !

PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver moves, having voted on the prevailing side, ! that the Senate reconsider the vote by which Senate Joint Resolution l65 passed. Thcse in favor, say Aye. Opposed, Nay. Senator Weaver now moves that Senate Joint Resolution l65 be tabled. Al1 those in favor, say Aye. Opposed, Nay. And the Ayes have it, and Senate Joint Resolution l65 is tabled. Resolutions, Madam Secretary.

Senate Joint Resolution 166. (Secretary reads SJR No. 166)

PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver.

I would move to suspend the rules for the immediate consideration and adoption of Senate Joint Resolution 166.

PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 166. Those in favor will say Aye. Oppcsed, Nay. The Ayes have it, and the rules are suspended. Okay. Senator Weaver has moved for the adoption of Senate Joint Resolution No . 166. Those in favor, say Aye. Opposed, Nay. And the Ayes have it, and the resolutlon ls adopted. Resolutions, Madam Secretary.

S'enate Resolution 1491, offered by Senator O'Malley. Senate Resolution 1492, offered by Senator DeAngelis. Senate Resolutlon 1493, offered by Senator Shaw. Senate Resolution 1494: offered by Senator Watson. And Senate Resolution 1495, offered by Senator Jones, President Philip and others. They dre all congratulatory and death resolutions. 133  STATE OF ILLINOIS 88TH GENERA: ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislative Day May 20, 1994

PRESIDING OFFICER: (SENATOR WATSON) Consent Calendarz Madan Secretary. Senator Demuzio, for What purpose do you rise?

A point of personal privilege, Mr. President. I understand -- was called to our attentlon that this is the sixth wedding anniversary of Greg Kenworth, and he snatched a little Democratic girl, Ellen, abouk six years ago, and so We want to congratulate you, Greg.

PRESIDING OFEICER: (SENATOR WATSON) Greg, congratulations. Senator Jonesz for What purpose do you rise?

Yeah. Thank you, Mr. President. 0n Senate -- cn Senate Resolutlon 1495, which is a death resolution, and -- in honor of Jacqueline Kennedy Onassis, who passed yesterday. The -- the resolution -- I Would appreciate it if the Secretary would read the resolutlon.

Senate Resolution 1495, offered by Senator Jonesy President Philip and al1 Members. (Secretary reads SR No. 1495)

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.

Thank you, Mr. Presidenk. I ask leave to have all Members of the Senate included cn this resolution. And speaklng to the resolution, Which -- which laid out the life and career of Jacqueline Kennedy, as one who personally gct lnvolved politically during that campaiqn in 1960, and she being the youngest First Lady to grace the White House With a1l her dignity and charm, and ke we do mourn her death. But she was a -- a great lady, a 134  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 123rd Legislatlve Day May 20p 1994 I great First Lady of this nation. And I move for the adoption of the resolution. PRESIDING OFFICER: (SENATOR WATSON) Well said. Senator Severns. SENATOR SEVERNS: . Thank you, Mr. President. Through triumph and tragedyz Jackie Kennedy demonstrated courage, sonething Hemingway defined as ''qrace under pressure''. She helped this nation through some of lts darkest days w1th stoic resolve. She died the same way she lived, with grace under pressure. May she rest in peace. PRESIDING OFFICER: (SENATOR WATSON) Will the Membershlp please pause for a moment of silence. We have adopted the resclution: Senator Jones, so the motion was not ' necessary. Thank you. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, a1l those read in today will be added to the Consent Calendar. Madam Secretary, are there any objections filed to any of the resolutions on the Consent Calendar? ACTING SECRETARY HAWKER: There have been no objections ftled, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If notr the questlon is, shall the resolutions on the Consent Calendar be adopted. A11 those in favor, say Aye. Opposedr No. And the motion carrles, and the resolutions are adopted. That should conclude our buslness of todayr and the Senate will stand adjourned until 2 o'clock, Wednesday, May 25th. Hope you'll have a enjoyable weekend. The Senate stands adjourned. I l35 ..,: 7 , t ... .- .. g . z.. REPORT: TIFLDAY STZTE OF ILLIKOIS 9V/11/07 PAGE:001 88TH GENERAL ASSEHBLY 16:2::03 SENATE DAILY TRANSCRIPTION 0F DEBATE INDEX HàY 20, 1994 HB-0006 THIRD READING PàGE T HB-0008 RECALLED PRGE 9 HB-0008 THIRD READING PZGE 11 HB-0009 RECALLED PAGE 13 HB-00O9 THIRD REZDING PZGE 15 HB-OOVM THIRD READING PZGE 20 HB-OOVR OTHER PZGE 21 HB-0099 THIRD READING PAGE 21 H8-0298 THIRD REâDING PAGE 23 HB-03k3 THIRD READING PZGE 2% H8-0356 THIRD REZDING PAGE V1 HB-0381 THIRD READING PZGE :6 HB-0381 OTHER PAGE 60 HB-0%10 THIRD READING PZGE :7 H8-0539 THIRD READING PAGE :9 H8-0696 THIRD READING PAGE 57 HB-07R2 THIRD READING PZGE 59 HB-0902 THIRD READING PAGE 60 HB-112V OTHER PZGE 63 HB-1129 THIRD READIMG PAGE 63 H8-1352 THIRD READING PAGE 6% i HB-1391THIRDREADING HB-1513 THIRD READING PZGE PAGE 65 66 1 I H8-1569 THIRD READIMG PAGE 67 I HB-159V THIRD READING PZGE 69 H8-1635 THIRD REàDING PZGE 72 i H8-1853 THIRD READING PAGE 7T H8-1883 RECALLED PZGE 78 H8-1883 THIRD READING PZGE 81 HB-2107 THIRD READING PAGE 88 H8-2221 THIRD READIMG PAGE 92 HB-223R THIRD READIMG PZGE 90 H8-2423 THIRD READIMG PAGE 91 HB-2k2R THIRD READING PAGE 93 H8-2627 THIRD READING PAGE 9% H8-2631 THIRD READING PAGE 96 H8-2631 OTHER PZGE 121 H8-2638 RECALLED PAGE 98 H8-2638 THIRD READIMG PAGE 99 H8-26:2 RECALLED PAGE 101 H8-2642 THIRD READING PAGE 1O2 H8-2691 FIRST READING PZGE 6 H8-2809 THIRD REZDING PAGE 1O3 H8-2928 FIRST READING PZGE 6 H8-2931 THIRD READING PAGE 10V HB-3032 FIRST READING PAGE 6 HB-309R THIRD REZDING PZGE 110 H8-3152 FIRST REZDING PAGE 6 HB-324R RECALLED PAGE 111 HB-32RR THIRD READING PAGE 113 H8-3252 FIRST READING PAGE 6 H8-3278 THIRD READING PAGE 11V H8-3322 THIRD READING PAGE 117 HB-3R5T RECâLLED PAGE 118 H8-3:57 THIRD READING PAGE 119 H8-3:85 THIRD READING PAGE 121 H8-3551 THIRD READING PAGE 122 H8-3582 THIRD REZDIKG PAGE 123 H8-3587 THIHD READING PAGE 12y HB-3611 THIRD READING PAGE 126 HB-3611 OTHER PAGE 130 H8-3883 THIRD READING PAGE 126 H8-3975 THIRD READING PAGE 127 HB-R185 FIRST READING PZGE 6 REPORT: TIFLDZY STATE OF ILLINOIS 94/11/07 PAGB: 002 88TH GENERAL âSSEHBLY 16:24:03 SENATE DAILY TRANSCRIPTION OF DEBZTE INDEX MàY 20, 199) 58-1083 CONCURRENCE PAGE 5R-1487 RESOLUTION OFFERED PZGE SR-1k88 RESOLUTION OFFERED PAGE SR-1R89 RESOLUTION OFFERED PAGE SR-1490 RESOLUTION OFFERED PAGE SR-1k91 RESOLUTION OFFERED PàGE 8R-1492 RESOLUTION OFFERED PZGE SR-1R93 RESOLUTION OFFERED PAGE SR-149M RESOLUTION OFFERED PâGE SR-1k95 RESOLUTION OFFERED PAGE 5R-1:95 DISCUSSED PAGE HJR-0158 RESOLUTION OFFERED PIGE SJR-0157 ZDCPTED PAGE SJR-0163 RESOLUTION OFFERED PZGE SJR-016R RESOLUTIOH OFFERED PAGE SJR-0165 TABLED PAGE SJR-0165 ADOPTED PAGE SJR-0165 RESOLUTION QFFEREB PAGE SJR-0166 ZDCPTED PAGE SJR-0166 RESOLUTION OFFERED PAGE SUBJECT HATTER SENATE T0 ORDER-PRESIDEKT PHILIP PAGE PRZYER-PZSTOR RICK HEKNEBORG PAGE JOURNALS-POSTPOKED PAGE COHHITTEE REPORTS PZGE HESSZGE FROH THE PRESIDENT PAGE HESSZGE FROH THE PRESIDEKT-DEADLIKE EXTENSION PAGE HESSAGE FROM THE HOUSE PàGE RECESS PAGE SENZTE RECONVENES PAGE COHMITTEE REPORTS PZGE MESSZGE FROM THE HOUSE PZGE IMTRODUCTION OF GUESTS-SENZTOR DEANGELIS PAGE GUEST SPEZKER-COâCH Dâ7E HATTIO PAGE RECESS PZGE SENZTE RECONVENES PàGE AT EASE PAGE SENATE RECONVENES PZGE COMHITTEE REPORTS PâGE RESOLUTIONS CONSENT CâLENDAR-ADOPTED PAGE ZDJOURNMENT PRGE