Illinois Senate Floor Debate — March 9, 1995

p .. tmicrophone cutoffle..session of the 89th General Assembly will please come Eo order. Will the Members please be at their desks and wtll our guests in the gallery please rise. Our prayer today wtll be given by Dr. Renneth Dunn, Pirst Baptist Church, Ashland, Illinois. Dr. Dunn.

(Prayer given by Dr. Xenneth Dunn) PRESIDENT PHILTP) Will you please rlse for the Pledge of Allegiance. Senator Petka.

(Pledge of Allegiancey led by Senator petka)

Readinq of the Journal. Senator Butler.

Mr. President, I move that reading and approval of the Journals of Wednesday, March -- or, excuse mer March 1st: Thursday, March 2nd) Friday: March 3rd) Tuesdayr March 7th7 and Wednesday, March 8th, in the year 1995, be postponed, pendlng arrival of the printed Journal.

You've heard the motion. All in favor: sionify by saying Aye. Tbe Ayes have it. Committee Reports.

Senator Madigan, Chair of the Committee on Insurance, Pensions and Licensed Activitles, reports Senate Bills 424 and 453 Do Pass; and Senate Bills 301 and 442 Do Pass: as Amended. Senator Rarpiel: Chalr of the Commit*eg on Execukive: reports Senate Bills 298, 542, 573, 587 and 6l5 Do Pass; and Senate Bills 417 and 567 Do Pass: as Amended. Senator Raica' Chair of the Commlttee on Public Hea1th and  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 Welfare, repcrts Senate Bills 167, 176, 362 and 452 Do Pass; Senate Bllls 293, 409 and 420 Do Pass, as Amended; Senate Joint Resolutions 10 and 20 Be Adopted ; and SenaEe AmendmenE Eo Senate Bill l59 Be Adopted . Senakor Mahar, Chair of the Committee on Envitonment and Energy, reports Senate Bills 232, 275, 327 and 598 Do Passe as Amended. Senator Hawkinson: Chair of the Committee on Judiciary, reports House Bll1 204 Do Pass. And Senakor Peterson, Chalr of the Committee on Revenue, reports Senate Bill 249, 345, 370, 371, 566 and 604 Do Pass; and Senate Bills 92, 107, 108, 215, 267, 446 and 528 Do Pass, as Amended.

Messages from the House.

A Message from the House by Mr. McLennandr Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has passed bills of the following titles: in the passage of which am instructed to ask the concurrence of the Senate, to Wit: House Bills 572, 652 and 653. Passed the Housew March 8*h' 1995.

On page 2 of today's Calendar on the Order of Senate Bills 2nd Reading, the Members are advlsed to move their bills. Senate Bill 62. Senator Klemm . Take it out of the record. Senate Bill Senator Peterson. Take it out of the record . Senate Bi1l 100. Senator Raica. Take iE out of the record. Senate Bill 112. Senator Woodyard. Take it out of the record. Senate Bill take it out of the record. Senate Bill -- take ik ouE of *he record. Senate Bill 157. Senator Geo-Karis. Read the bill, Mr. 2  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1995 Secretary.

Senate Bill 157. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Amendment No. 1.

Have there been any Floor amendments that have been approved for eonsideration?

No further amendments reported, Mr. Prestdene.

3rd Reading. Senate Bill 192. Senator Hasara . Take it out of the record. Senate Bill 264. Senator Fawell. Read the bill.

Senate Bill 264. (Seeretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendmentsr Mr. Prestdent.

3rd Reading. Senate 3i11 Senator Cullerton. Senator Cullerton. Take out of the record. Senake Bill 363. Senator Syverson. Read the bill. SECRETARV HARRYI Senate Bill 363. (gecretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendmentsy Mr. President.

3rd Readlnq. senate B111 366. Eênator Pgtka. Senator Petka. Take out of the record. Senate Bill 390. Senator Walsh. senator Walsh. Read *he bill.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1995

senate Bill 390. (secretary reads title of bill) 2nd Readin: of the bill. No eommittee or Floor amendmentsy Mr. President.

3rd Readlng. Senaee Bill 405. Senator Rlemm . Read *he blll.

Senate Bill 405. (Secretary reads title of bill) 2nd Readlng of the bill. No committee or Floor amendments, Mr. President.

3rd Readlng. Senate Bill 425. Senator Geo-Karis. Read the bill. SECRETARY HARRY) Senate Bill 425. (SecreEary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. President.

3rd Reading. Senate Bill 426. Senator Walsh . Read the bill.

Senate Bill 426. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Ploor amendmenEs, Mr. President.

3rd Reading. Senate Bill 432. Senator DeAngelis. Take it out of the record. Senate Bill 444. Senator Peterson. Take it oue of the rgcord. Senate Bill 455. Senator Sieben. Senator Sieben. Take it out of the record. Senate Bill 472. Senator 4 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR GEGGION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 k Peterson. Take iE out of the record. Senate Sill 476. Senator l i sieben senator sieben. Take it out of the record. Senate Bill 477. Senator Karpiel. Senator Karpiel. Take it out of the I record. Senate Bill 429 Ksic>. Senator Klemm . Read the bill. SECRETARY HARRY: Senate Bill 529. (Secretary reads title of bill) 2nd Reading of the bill. No connittee or Floor amendnentsr Mr. President. PRESIDENT PHILIP: 3rd Reading. Senate Bill 535. Senatcr Petka. Senator Petka . 535. Senator Petka. Read the bill. SECRETARY HARRY: Senate Bill 535. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. President. FRESIDENT PHILIP: 3rd Reading. Senate Bl1l 625. Senator O'Malley. Senator O'Ma11ey. Read the bill. ; SECRETARY HARRY : Senate Bill 625 . (Secretary reads title of bl11) 2nd Reading of the bi).l. The Committee on Education adopted M endment No . 1 . PREEIDENT PHILIP : Have there been any other Floor anendments that have been approved for consideration? ACTING SECRETARY HAWKER : No further amendment:s reported , Mr. President . PRESIDENT PHILIP : 3rd Reading . 5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Lêgislatlve Day March 9, 1995

PRESIDING OFFICER: (SENATOR DONAHUE) On page 3 of your Calendar ls Senate Bills 3rd Reading. We pll be going from the beginning to the end possible. And so on page 3 is. Senate Bill 20. Senator Weaver. Read the bill, Madam Secretary.

Senate 3i11 20. (Secretary reads title of bill) 3rd Readinq of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver.

Thank you, Madam President. Senate Bill 20 amends the General Assembly Compensation Act by stipulating that starting on May the 31st, 1995, Members of the General Assembly shall not receive any per diem for Session days held after the last day of May of each calendar year, except for Special Sessions called either by the Governor or the Presiding Officers, or for Veto Session days. Comnittee Anendment No. l also adds an effective -- immediate effective date. Floor Amendment No. 2 clarifles that prohibition on per diem after the last day in May of each year applies to attendance at Sessions and does not affect the non-session per diem . If there are any questions, 1'11 be happy Eo answer them .

PRESIDING OFFICER: (SENATOR DONAHUE) If we could have a11 your attention. We are on 3rd Reading. This is flnal passage from the Senake. If we could have your attention. Further discussion? senator Jacobs.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Flrst let me say to the sponsor: Thank you, for adding the amendment, which I think nakes the bill a little better. And - - and let me just state that I fully understand what the Senator 6  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ! SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 is trying to doy and 1'11 probably end up voting... PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobsr just a second. Can we please have your attention. Take your conferences off the Floor and show a little courtesy to the Members in the debate. Senator Jacobs. SENATOR JACOBS) Thank you, Madam President. And -- and I think that 1111 probably end up voting for this thing. I -- I think We have really degraded ourselves though: Senator: When we have to get ourselves ln a position to where We feel the necesslty ko use retribution in order to insure that we get out of here by the end of May. I think that's the wrong way to do thls. It's a popular vote: I'm sure. I think we should self -- set self-imposed restrictions to insure that we get out of here by the end of May. I know I want to be out of here the end of May. I haven 't had a summer noW for about nine months <sic>, and many of you have not had a summer for a 1o* longer than that, but I think it's -- it just -- I have a little concern - is all I'm trying to say - that we are having to do something, by law, that we should be Willing to sit down and do on our own withouk any necessity of legislation. And I just Wanted to say that: Senator. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Severns. SENATOR SEVERNS: Thank you, Madam President. I -- I just Want to thank Senator Weaver for introdueing this bill first offered by Senator Stern and I a year or tWo ago . It Was a good idea then. It's a good idea now, and I hope that this side and thak slde will puE the Yes votes on it. PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Senator Geo-Maris. SENATOR GEO-KARIS : 7  1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT l 25th Legisla*ive Day March 9, 1995 Madam President and Ladies and Gentlemen of the Senate, I Ehink Ehls is an excellent idea: because lf we can 'E ge* *he people 's business done by May -- the end of May, then We have no . business belng herer and we shouldn't be paid for any extra days after May 31st. I think the taxpayers are entltled for a good accounting, and this is the way to start. And I appreciate the comments of my colleague on the other side and I certainly think that we should all get on this bll1 to show our good faith to the voters of Illlnois. I certainly speak in favor of this btll. PRESIDING OFFICER: (SENATOR DONAHUE) PurEher discussion? Senator Watson. SENATOR WATSON: Yes. Thank you. Just to echo the prevlcus speaker and other colleagues who have supported this legislation. Comment was made abouk the self-iaposed deadline. We have a self-inposed deadline called the Illinois Constitution. That's May 31st. We are to have our business completed by the 31st of May. Nowr the ' taxpayers shouldn't be held accountable for that. That should be held -- We should be held accountable. The General Assenbly of the State of Illinois should be held accountable if we can't get our business done in a timely fashion. Therefore, this type of approach and procedurer I think, is -- is something that definitely need to -- to be adopted. Thank you. PRESIDING OFFTCER: (SENATOR DONAHUE) Further discussion? Senator Jones. SENATOR JONES: Yeah. Thank you, Madam President. I rise in opposition to Ehis bill, because just on the basic principle. I can undersEand the persons on the other slde of the aisle voting for it. But when you have Ehirty votes, you can do anythlng that you want to do. We -- if we decided we wanted to get out of here by May 31st and we do not have thirty votes: so we 'll be penalizing ourselves i 8 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leglslative Day Mareh 9, 1995 I on this side of the atsle . You have thirty-three votes on that j side of the aisle. If -- if the Senate President and you decide that you want to go past the 31st, there is nothing on -- we can . do about it on this side of khe aisle. So I urge the Members on thls side of the aisle to oppose thts bill. Now, if you have some persons on the other side of the aisle who, in their infinite wisdom, see fit to come to the right side of the aisle - and come over on this side to carry out their responsibility - then we may vote for 1t. But it's very foolish to vote for something that you have no control, as it relate to the outcome; you have no control: as lt relate to hoW long we're going to be in Session. Soy therefore, you can vote for it if you so desire, but Senator Philip may decide to punish the Members on this side of the atsle and keep us here past May 31st, and therets nothing we can do about it. So the best thing for the Members on Ehis side ls to vote No. PRESIDIXG OFFICER: (SENATOR DONAHUE) Further -- or, further discussion? If not, Senator Weaver, to close. SENATOR WEAVER: Thank you: Madan President. I'd appreciate a favorable roll call. PRESIDING OFFICER: (SENATOR DONAHUE) The questicn is, shall Senate Bill 20 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have all voted uho vish? Have all voted Who wish? Have all voted who wish? Have a1l vated Nho wish? Take Ehe record. On that question, there are 42 Ayes, 14 Nays, none voting Present. Spnate Bill 20. having required -- received the required constitutional majority, is declared passed. Senator Butler# on Senate Bi11 21. Senator Woodyard, on Senate Bill 43 . Senator Mahar , on Senate Bill 48. Senator Maitland. Senate Bi11 50. Senator Watson. 9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 Senate Bill 52. Senator -- yes. Read the bill, Madam Secretary .

Senate 3il1 (Secretary reads . title of bll1) 3rd Reading of the bill.

PRESIDING OPEICER: (SENATOR DONAHUE) Senator Watson.

Yes. Thank youy Madam President. This district would allow or# this particular legislation would allou sehool districts to transport up to fifteen students, by the use of a van, to and from interscholastic and school-sponsored activities. The reason for the legîslaElon is right now in fact, they Nant to haul fifteen students to a speech contest or to a golf evenE or whatever, they vould be required to take a school bus. School buses, obviously, are quite costly to operate. Theydre costly to purchase and this -- the signiflcant cost savings that Would be realized by the dlstricts could very well be utilized in other areas, obviously. The -- this is only for taklng them from the school to another school. They would not be driving by somebody 's home and ptckinq them up, of course. And that's one of the sacety features of a bus, is the fact that you have the stop ligh*s and a11 on the bus. So we're not going spot-to-spot to pick people up. They would be leaving from the sçhool and going to sone activity somewhere else, and coming back to the school. And that would be the type of activity that would be approved by this type of legislation.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, Senator Watson, to close.

Appreciate your favorable vote. 10  STAT; Or ILLINOIS 8jTH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leqislative Day March 9: 1995 PRESIDING OFFICERS (SENATOR DONAHUE) The queskion is, shall Senate Bill 52 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 54 Ayes: Nay, none votinq Present. Senate Bi11 52, having received the required constitutional majorityy is deelared passed. Senakor Klemm, on Senate Bill 63. Read the bill, Madam Secretary.

Senate 3i1l 63. (Secretary reads title of bill) 3rd Readlng of the bill. PRESIDING OFFICERJ (SENATOR DONAHUE) Senator Klemm .

Thank you, Madam Presidentr Ladies and Gentlemen of the Senate. Senate Bill 63 amends the Local Government and Governnental Employees Tort Immunity Act to provide that a local public entity or public employees acting in the scope of his or her employment is nok liable for *he provisions of information by computer or other electronie transmissions. We have -- tn current law, immunity is granted when providing information either orally, or in written form, or in book form , or in library form, for people that just hand the books out over the counter or do Ehe business such as that. And with the advent of the fax machine and the computers, ue wanted to at least add that immunity for Ehose electronëc transmisskons. Not too dissimilar Crom the oral or writlng. So this really gives them that protectlon. This current 1aw still makes them liable for willful or wanton misconduct. So think we've got that covered, and I do ask for your support.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscussion? Any discussion? Seeing none, the 11  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 i i question isy shall Senate 3ill 63 pass. Those in favor will vote I i Aye. OpposedrNay. Thevoting isopen. Have al1 votedwho wish? 1 I Have al1 voted who Wish? Have all voted Who wish? Take the I . record . On tha: quesEion, there are 53 Ayes, no Nays, and none 1 I voting Present. Senate Bi11 63, having received the required constitutional majority, is declared passed. Senator Klemm, on Senate Bill 67. Read the bill, Madam Secretary. ACTING SECRETARY HAWXER: Senate Bill 67. (Secretary reads tlkle of bl1l) 3rd Reading of the bill. PRESIDING OFFICER: (SZNATOR DONAHUE) Senator Klemm . SENATOR KLEMM ) Thank you, Madam Presldent. Senate Bill 67 allows townships -- township boards at their annual meeting, or special meetinqs, by referendum, to be able to transfer and donate surplus property to nonprofit organizations. Now, the town boards certatnly can require that they have a purpose for what *he nonprofit organization Would use that property for, and that tbey could have a reversion clause into that contract to revert back *o the township ln case the nonprofit organizatlon doesn't use that property any longer. What's happened is that We have a sltuation that :as called to my attention where We have an old town hall that has not been used and it has historical value in our county and in the State of Illinois. The townshlp has not used it. They 'd like to donate it to the historical society: but because a current law caused all kinds of problems for them to do that without the funds. This would allow them to do it with voter approval. So I think it's a good bill. It's got the safeguards that we want. It stillpreservês someoftheherttage and the j I items that we llke to preserve in Illinois. So I do ask for your I ' 12  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX RCGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 suppore on Senate Bill 67.

PRESIDING OFPICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Senator Palmer.

Thank you, Madam Presldent. A question of the sponsor. I PRESIDING OFFICER: (SENATOR DONAHUE) I Indicates he'll yield. Senator Palmer. '' ; j SENATOR PALMER: . I Thank you. Senator Rlemm: in our analysis there are a number 1 I of red flags about protections and questions about Whether -- Why this is, for examplee only at the special town meeting, whether I therearesafeguardstorequireanextraordinary majorlty, other 1 kinds of issues that it's indicated were in a prior bill of yours I thathadatwo-stepprocess,whereasthishasonestep. Couldyou 1 just give me some remarks on whether you have any oppositlon to this btll, or whether there are safeguards in it for passing this on?

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Klemm .

Thankyou. WhatWedid--thisissimilartowhatwedidlast yearr but What We wanted to do is not have it at a regular board 1 meeting. We thouqhk tt was important enough to have it either at a special towp meeting or at an annual meeting that the toWn board has to publish and put the notice fn so that the voters can be there to be a participant of it. We put the safeguards in there, and I think that wasn't: perhaps: that clear in the committee. 1 They thought they eould do it at any timez and I didn't Want that, 1 ak any monthly meeting. This is an important measure. There is I I another Rouse bill that allows only ten thousand for property and I I that would be maybe for some articles that could be done at any ; time at a -- a: a township meeting. This is limited. Only ak *he 13  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1995 special meetings Where they have Ehe public notice, Where the public's involved, it can be taken care of at that time, and it has to be by resolution also. So I think we've put the safeguards that you and the connittee had Wanted to.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palner.

Yes. Let me make my question more specific. According to the information that I have here, do the electors vote on transferring this property to the -- to a nonprofit organization? Because not what I'm showing here is that the board of trustees, in fact, cannot act at this speclal meeting. It is the electors who ac* to make this decisionr because it is a special meeting.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm.

Well, my interpretation Would be that the town board would have to, by resolution, also make that action.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer.

Yes. But according to the language it says, ''a township board of Erustees may by resolution authorize the donation of surplus public real estate' and so forth. Jt doesn't say the electors themselves. And it's at the annual town meeting.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm .

By what welre doing is allowing khem Eo do this at Ehe annual or special meeting for this purpose. You may be correct that they couldn't do it without this authorization. This would allow them to do that.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 !

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer. ! SENATOR PALMER: I I'm sorry to keep belaboring this, but according to 1aw -- and maybe I'm just not interpreEing this correctly, bu* according to law the board of trustees cannot take such action. It can only be kaken by the electors, not by the board of Eruskees itself.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm .

Well, that would be Erue, but Wedre changing *he law, Senator, and that Would allow them to do What wedre asking them to do.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Further discussion? Senator Klemm , to close.

Well, thank you, Madam President. What we're trying to do is - - is allow the town boardr at the annual or special neeting, to be able to transfer this property. Right now, under current law, they can't do it, and that's one of the reasons we have the problem . So I think what Senator Palner is saying ks -- is correct, but what we're trylng to do is allow them to do that under these special, narrow definltions, and I do ask for your support. .

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bill 67 pass. Those in favor will vote Aye. Opposed, Nay. The vating is open. Have a1l voted who wish? Have a1l voted who wish? Have al1 voted who Wish? Take the record. On that question, there are 49 Ayes, 3 Naysy and I 2 votlng Present. Senate Bill 67, having received the required constl*utional majori*y, is declared passed. SenaEor Raica: on Senate 3i1l 68. Read the bill, Madam Secretary. 15  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9: 1995 I

Senake Bill 68. (Secretary reads title of bill) 3rd Reading of the bill. .

PRESIDTNG OFFICER: (SENATOR DONAHUE) Senator Raica.

Thank you, Madam President and Ladies and Gentlemen af the Senate. Senate Bill 68: The EPA ls required to deny a permit application for a municipal waste incinerator lf the Agency finds that the permit application is in noncompliance. Also, any party seeking a constructton or development permit for a new municipal waste incinerator or waste-to-energy facility would not be able to receive any limitation of liability fram the ftate of llltnots connected wlth response or remedial Nork to be done at the proposed site for the incinerator facility. It's my understanding that there was no opposition and the bill passed out of committee eight to zero. And I just ask for an affirmative vote.

PRESIDTNG OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Welch .

I had a question of the sponsor.

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

Senator Raica, does this eliminate khe incentives to build an incinerator?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Raica.

Senator Welch, ny understanding ls no.

PRESIDING OFFICER: (SENATOR DONAHUE) 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 Any other dlscussion? Any further discussion? Senator Raicay to close. SENATOR RAICA: Just ask for an afflrmative vote. PRESIDING OPFICER: (SENATOR DONAHUE) The questlon ls, shall Senate Bill 68 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Nish? Have a11 voted who wish? Have all voted Who Wish? Take the record. On that question, there are 55 Ayes, 1 Nays -- 1 Nayr none voting Present. On Senate Bill 68y having received the requtred constitutional majority, is declared passed. Senator Maitland, for what purpose do you rise? SENATOR MAITLAND: Thank you very much, Madam Presldent. On a poin: of personal prlvilege, might. In the gallery to the rear of the President's Podium is the eighth-grade middke school class from Olynpia in in my district, and their -- their instructor, Mr. Davis. I'd like for Ehem to stand and be recognized by the Chamber: please. PRESIDING OFFICER: (SENATOR DONAHUE) Will our guests please rise and be recognized. Senator de1 Valle, on Senate Bill 72. Read the billf Madam Ksicl Secretary. SMCRETARV HARRY: Senate Bt1l 72. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) fenator de1 Valle. SENATOR DeLEO: Thank you, Madam President. This bill does exactly What the Calendar states. It clarifies the staEute Eo allow *he use of 17 (.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1995 clear plastic covers on license plates. There is no opposition ta this bill. ask for a favorable roll call.

PRESIDING OFPICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 72 pass. Those ln 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 53 Ayes, no Naysr and none voting Present. Senate Bill 72, having received the required constitutional majority, is declared passed. Senator Rauschenberger, on Senate Bill 78. Senator Rauschenbergery on Senate Bill 78. Senator Fitzgerald, on Senate Bill 79. Read the bill, Mr. Secretary.

Senate Bill 79. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Pitzgerald.

Thank you, Madam President. Senate Bill 79 clarifles that the 1aw that we passed a few years ago creating tenancies by the entireties in Illinois can also be used by the beneficial interest holders in an Illinois land trust. It's an lmportant clarification to the existing law. It passed out of the Senate Judiclary Conmittee unanimously, and there are no knoun opponents to the bill. So I'd appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing none, the question is, shall Senate B1l1 79 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Nish? Have all voted who wish? Have a11 voted Who Nish? Have all voted Who 18  STATE 0F ILLINOIS E 89TH GENERAL ASSEMBLY . REGULAR SESSION à I SENATE TRANSCRIPT 25th Legislatlve Day March 9, 1995 wish? Take the record. On that quesEion, there are 56 Ayes, no Naysy none voting Present. Senate Bill 79z having recetved the required constitutional majority, is declared passed. Senakor Raica, on Senate .Bill 80. Senator Klemm . Senate Bill 82. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: senate Bill 82. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) senator Klemm. SENATOR RLEMM: Tbank you, Madan President. Senate Bill 82 allows conservation districts the same latitude as -- as forest preserve districts. When municipalities wish to annex land and a conservation district has a parcel that separates the land they wish to annex on the other side. current law requtres them Eo have to annex tbe conservation district land, unlike with a forest preserve district they jump over that, annex the other side of iE# but then they still allow the forest preserve district to have that property as forest preserve -- preserve district property and land. Wefve allowed, in -- in Senate Btll 82, for the conservation districts to have the same type of treatmen: where the municipalittes who don't wiyh to take on the conservation distriet can stlll go to the other side Without taking over the conservation district. We've excluded Dupage County, who did not want Ehat included, and so I think we've covered everybody's questtons. Both of the municipalities who support and helped draft the legislation and all the conservation districts in Illinois support it also. So I do ask 'or your support. PRESIDING OPFICER: (SENATOR DONAHDE) Is there any discussion? Any discusslon? Seeing none, the 19 : 1 . 1 !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislattve Day March 9, 1995 I question isr shall Senate Bill 82 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wlsh? i Have a11 voted Who Wish? Have a1l voted who wish? Take the 1 record. On that question, there are 56 Ayes, no Nays, none votlng Present. Senate Bill 82: having received the required constltutional majority, is declared passed. Senator Pawell, on Senate Bill 86. Senator Madigan, on Senate Bill 104. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: Senate Bill 1Q4. (Secretary reads title cf bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHDE) Senator Madigan. SENATOR MADIGAN: Thank you, Madam Presidentr Members of the Senate. Senator 104, as amended, does -- does four things. First of a1l With regards to eligible State employeesr it changes the definition in there -- in the definition of ''gligible employees'' so that ln the event of an employee being totally disabled on a Workman's comp case, and that workman's comp case has not been adjudicated but the temporary total disabtlity payments have Eo be cut off before an award can be made, it allows the system to extend those payments untll the adjudication is finalized. There is no cost to this, becauge if there ls an adjudication, that workman's comp noney then will go back to the system. The second thing that it does is that it coordlnates, insofar as the -- as a result of Senate Bill 533: and the actuarial revieW that has to be done every five years with *he State pension systems, it requires that the State employee in the Downstate Teacher Articles -- requires . I an actuarial review and puts that in statutory form. The third thin: tt does, as a result of the cap of eighty-five percent on I 20 L-. - - - . . . .  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 the Judges' Retirement SysEem , it opens up a Window to allow ehose judges who so elece to do so, to start re-contributing, includinq a11 back payments and interestr as a result of the action that We took last year With reîards kc Ehe Compensation Review Board. And the last matter Ehat it does, it allows judges to base their pensions, if they have been on temporary assignmenk for four years or more in a higher-paying assignment and paying those eontributions, allows Ehosê pensions to be based on that) khak is, puts that in sync with the other pension systems, and that's What Senate Bill 104, as amendedy does. Ladies and Gentlemen, I'd be glad to answer any questions on SenaEe Bill 104, as amended.

PRESIDING OPFICER: (SENATOR DONAHUE) Is there any discussion? Any discussian? Senator Lauzen.

Just a question for the sponsor. Senator...

PRESIDING OFFICER: (SENATOR DONAHUE) Indlcates he 'll yielde Senator Lauzen.

What is the impact on the seventeen-billlon-dollar unfunded liabitity of extendëng these -- any one of the four pëeces of this bill?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan.

To the State Employees and Teachers Retirement Articles of the pension Code, there's no cost. To the change in the Judges' Retirement System, all we know from Illinois Economic and Piscal, because we don't know uho Would participate in Ehese actual -- you know, there's, I thlnke six judges at *h9 nost that could be involved in one -- one of those things. But if everybody participates and pays their contributions back, Economic and Fiscal says that the cost Would be minimal all partictpate. 2:  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995

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

would just ask for a favorable consideration on Senate Bill 104, as amended.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bill l04 pass. Those in favcr will vote Aye. Opposed , Nay. The votin: (s open. Have al1 voted who wish? Have a11 voted who wish? Have a11 voted who Wish? Take the record. On that questiony there are 51 Ayes, 4 Nays, none voting Present. Senate 3ill 104: having recetved the requlred constitutional majority, is declared passed. Senator Jacobs, do you Wish to have Senate Bill 1l8 returned to 2nd Reading for the purposes of amendment? Senator Jacobs seeks leave of the Sody to return Senate Bill l18 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading ls Senate Bill 118. Madam Secretary, are there any Ploor amendments apprcved for consideratlon?

Amendment No. 3, offered by Senator Jacobs.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs, explaln your amendment, please.

Thank you, Madam Preskdent, Ladfes and Gentlemen of the SenaEe. Thls is jusk an amendment - it's technical in nature - that Was reconmended by Enrolling and Engrossing. So it's technical in nature. I ask for its support.

PRESIDING OFFICER: (SENATOR DONAHUE) Is Ehere any discussion? Any discussion? Seein: none, a1l those in favor, say Aye. Opposed, Nay. The Ayes have it. and the 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 amendment is adopted. Are there any further Floor anendments for ! consideration? ' ACTING SECRETARY HAWKER: . No further amendments reported, Madam President. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Dillard, on Senate Bill 124. Senator Woodyard, on Senate Bill 141. Senator Klemm , on Senate Bill 150. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: Senate Bill 150. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Klemm. SENATOR KLEMM: Thank you, Madan President. Senate Bill l50 allows reglonal boards of school trustees to cancel regularly scheduled meetings lf there ls no business pendinq. Current law requires them to hold four meetings a year aE khe regional superintendenE's office. They're held in July, October, January and April. But if there is no business that's -- petitions for them for de-annexations or splikEing up dls*rlcts, they don 't feel khey need the expense and the publication costs and a1l that to have a meeting . So what u9 did is allow them to cancel it, provided they have no business and provëded they skve the ten-day public notice, which is the time frame required under Ehe Open Meetlngs Act. I don'E believe there's any opposition. It's a good government bill, and I think we need i*s support on Senate Bill 150. PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discusslon? Seeing none, the question is, shall Senate 2i11 l50 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have 23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 a11 voted who wish? Have al1 voted Who Wish? Take the record. On that questlonr there are 55 Ayesr l Nay, none votlnq Present. Senate Bill 150, having received the required constitutional majorlty: is declared passed. Senator.Raica, do you wish to have Senate Bill l59 returned to the Order of 2nd Reading for the purposes of an amendment? Senator Raica seeks leave of the Body to return Senate Bill 159 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objectlon, leave is granted. On the Order of Senate Bill l59 is Senate Bill -- on the Order of 2nd Reading is Senate Bill 159. Madam Secretary, are there any Floor amendments approved for conslderation?

Amendment No. offered by Senator Raica.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Raica.

Thank you, Madam President. Senate Floor Amendment No. 3 clarifies that additional twenty-flve dollars is a fee to be collected by circuit clerks. In addition, it standardlzes the time frame from sixty days for the -- for the clerks to remit the twenty-five day Ksic> to the treasurer. And finally, Senate Anendment No. 3 clarifies that anyone convicted or receiving an order of supervision for a DUI ls to pay a total of thirty dollarsr in five of the criginal traffic violation and twenty-five an additional fee. Thls ls a trauma fund, a mechanism to fund Ehe trauma centers, and I just ask for adopticn.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing none, a11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the anendment is adopted. Are there any other further Floor amendments for considera*ion?

24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 i No further amendments reported, Madam President. ' q PRESIDING OFFICER: (SENATOR DONAHUE) j 3rd Reading. Senator DeAngelis, on Senate Bill 164. Read the . bill, Madam Secretary. ACTING SECRETARY HAWKER: fenate Bill 164. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngells. SENATOR DeANGELIS) Thank you, Madam President. All this -- that this does, it requires the State Board of Education tc pay the total amount of a thousand dollars a month that goes to the reglonal superintendents -- Eha*'s in one lump sum ln the month of AugusE. Does not increase the amount of dollars. It just changes -- rather than paylng it over twelve months, they pay at one time, and they pay lt ln Auqust. And that it the amount of dollars that are given to regional superintendents for administrative expenses, and it comes out to a thousand dollars per county. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusslon? Any discusslon? Seeing none, the questkon ks, shall Senate Bill 164 pass. Those kn favar will vote Aye. gpposed, Nay. The votlng is open. Have a11 voted who wish? Have a1l voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, nang voting Present. senate Bill 164, havin: received the required constlEutlonal majority, ls declared passed. Eenator fyverson, on senate Bill 158. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: Senate Bill 168. (Secretary reads title of bill) 2%  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25*h Legislative Day March 1995 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

Thank you, Madan President. Senate Bill 168 is a slmple blll, Which passed last year out of the Senate 52 to nothing . Just provides for administratlve adjudication for county toll bridges. Passed unaninously out of committee. I know of no opposltlon.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing nonee the question is, shall Senate Bill l68 pass. Those in favor will vote Aye. Opposed, Nay. The vottng is open. Have all voted who wtsh? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 55 Ayes, no Naysy and none voting Present. Senate Bë11 168, having received the required constitutional majority, is declared passed. Senator Welche on Senate Bill Senator Burzynski, on Senate Bill 180. Read the bill, Madan Secretary.

Senate Bill lB0. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Durzynski.

Thank you, Madam President. This amends the Ccunties Code. Adds the requirement tha: a recorder mugt be Nillfully malfeasant, rather than just malfeasant, before the recorder is liable for damages.

PRESIDING OFFICER: (SENATOR DONAHUE) Is Ehere any discusston? Any discussion? Seeing none: the question is, shall Senate Bill l80 pass. Those favor will vote 26  STATE OF ILLINOIS 89TH GENERAL ASSCMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 Aye. Opposed, Nay. The voting is open. Have a11 voted Who Wish? Have al1 voted who wish? Have all voted who Nish? Take the record. On that question, there are 56 Ayes, no Nays, and none voting Present. Senate Bill 180, having received the required constitutional majority, is declared passed. Senator Rauschenberger. Senate Bill 182. Out of the record . Senator Watson, on Senate Bill 185. Read the bill, Madam Secretary.

senate Bill 185. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Well, thank you, Madam President. I think most people realize what this legislation is all about: and if you donst, this is the one dealing with the optometrists and -- and ophthalmology. So just so you're aware of what we are debating: that's the two groups that seem to have -- have taken a different side on this issue. Senate Bill l85 ls noE anything new to this this Body. It's identical to the bill we lntroduced and we debated last year. There's two amendments that we put on. One changed the year frcm 1994 to 1995, to keep it current. And the ather one dealt with some concerns that the Illinois Retail Merchants had about the leqlslation, and we addressed that and have taken away their concern and -- and objection. This Would allow for optomekrists -- certified optometrists to treat certain eye disorders with a very limited class of eye drops and nonsurgical procedures. This would involve in removin: foreign bodies from the surface of the eye, but I want to -- want to make sure and undersEand, and everybody understands, that surgery is not a part of this particular legislation. Unfortunately, some of Ehe mall Ehat  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 youdve been receivlng and I've been receiving from some of those I who have concerns about this legislation specifically call their opposition to the -- to the surgery pracedures. And 1et me just address thatr if you would, and I think that's an important issue and I know that I've been asked that many times by many of you. ! But on page l of the bill, line l3, lt specifically says that the ' 1 practice of optometry - this is the definitian - would be Without the use of surqery. So surgery is not an issue. Surgery -- nonsurgical treatment is mentioned in other places in the bill, so I -- the concern for surgery should not be an issue. What we 're doing here is nothing more than what forty-one other states have. We have one of the finest colleges for optometry in this countryy the Illinois College for Optometry, in Chicago. Unfortunately, those graduates: When they leave that school and they practice in Illinois, are limited - a practice that forty-one other states provides. Now, We're not trying to take over the profession. We, being optonetristsr are not trying to take over the profession of ophthalmology. Let's make that perfectly clear. And the surgery is the nain -- is a major issue and a najor concern. Graduates of the College of Optometry receive four years of undergraduate school. In other words, you get a B.S. Degree in -- at a university, college - sonewhere - you get accepted to the Illinois College of Optometry. You go four more years. Four more years of school. Anokher provislon that I thlnk is lmportanty and a 1ot of questions have been asked: What about those people that are out there practicing now? Are we automatically going to allow them Eo now use therapeutic medication? And the answer to that is -- is no. There's provisions in thls legislation EhaE does not allow for any grandfathering. Nc one will be grandfathered under the provisions of this legislation. In most states there's considerable nunber of hours that are required, not only for the diagnostic drugs that are being used, and of course that's part of 28  STATE UE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l 25th Legislative Day March 9, 1995 i ! I Illlnois 1aw nowr but if wedre going to extend it to therapeutics, I an additional number of hours - considerable number of hours. So education, which seemed to be of major concern to most, and some, should not be, because we have one of the finesE colleges and universities in this -- in thls country located right in Chicago. If an optometrist goes on to a military base: they can practice, just as they can ln forty-one other statesy if that military base is lccated in Illlnois. You step foot off that military base, and you no longer can practice, as their education would allow . Access, which I think is important. As I say, we lre not trying to take over the profession of ophthalmclogy, but accessibility, I think, is important to -- to the rural area. We don't have ophthalmologists in a lot of rural communities. You don't have aphthalmologist accessibility, I think, in a lot of the major metropolitan areas without a lot of travel and expense involved in golng to that particular indlvidual ophthalmologist. We heard in committee that within forty-five minutes you can be to an ophthalmologist in this State. Well, that's probably true, but in flve minutes in most rural areasz or ten minutesy you could be to an optometrist. And I think thaE's important, in the health care delivery that wedre trying to provide the people of Illinoise is access. That's basically a1l I would like to say in my introductory remarks. I would be glad to answer questions, and look forward to our discussion. Thank you, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) FurEher discussion? Senator peterson.

Thank you, Madam President and Members of the Senate. Just a few weeks ago Covernor Edgar presenEed his Budget Addrgss to the General Assenblyp and llke in many other statesr the news was not entirely good. For example, We face a 1.2 btllion deficiE in the Medicaid Program alone. Our State Treasurer has warned that these 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1995 unpaid bills could hurt the State's credit rating and in the proeess, I might add. cost the taxpayers millions in higher interest rates on State bonds. This is a serious problem, and is one that we, as Members of khe General Assembly, can no longer ignore, which brings me tc my next point. In trying to fix Medlcald -- the Medicaid financing system, does it make any sense for us to pass legislaticn that will make the job more difficult? Should we pass bills that will cost the Medicaid system money, buk whieh will do nothing to improve the care delivered to our State's poor people? I think not. Ye* *hat is exactly what my friend, Senator Watson, wants to do. Optometrlsts claim they will save money. How? Theypre paid the same as physicians in Medicare. They dre pald the same as physicians by private insurers. And they 'll be paid the same under Public Aid. ask my colleagues: When optometrists lobbied you cn this billy did any of them tell you that it has been a high priority for their trade groups, nationally and here, to achieve parity wlth ophthalmologlsts in their fees? If you had the same experience as me, you probably were told optometry fees will be lower. Well, that's hogwash. That's hypocrisy. They tell you their fees are lower while they have been working for years to make khelr fees the same. What else can't we trust about their lobbying? During this relentless debate, we have heard a 1ot about experience in other states, and let's take a look at some of those other states. A detailed review of federal Medlcaid claims were made five -- over a five-year period from 1988 to 1992 by a highly respected consultlng firm . Did reveal the optometrists saved the federal government money When they were allowed to treat eye disease? No, it did not. In fact, payments to optometrists for office visits increased at twice the rate as for ophthalmologists, and test charges went up four times as fast. That is in states which already permi*Eed optomeErls*s Eo Ereat disease. If you look at 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 the states Ehat added treatmenk during these five years, the differences are even more dramatic. Office visik payments went up three times the rate of ophthalmologists and testing went up almosk twenty tlmes faster. Does anybody in this Chamber think our Medicaid system can endure these kinds of increases? Does anybody think the propanents and opponents on this issue were obviously fron two different stories? One side, the opponents, have produced hard data to support their positlon. The optometrists merely want tc trust them. Should we take the chance that trusting them would be okayr or should we defer approving this bill until we are certain it won't break the bank? Mr. President and my fellow colleagues, the voters made clear the last election they want a fiscally conservative State government. They don 't want higher taxes and they still Want vital State services. Legislation that does not -- does nothing to lmprove these State services, legislation the public has not asked for, but which in al1 likellhood will cost the health care system millions of dollars, does not strike me as being fiscally responsible. urge the Senate not to pass Senate Bill 185. There is no rush. We can -- we can, and shouldy carefully examine the costs of this bill before we send it on. Please vote No. Thank you.

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

Madam Presldent, Nill the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DONAHUE) He indlcates he'll yleld, Senator Geo-Karis.

Under your bill a licensed optometrist may apply to the Department of Public Regulations for certification to use diagnostic agencies -- Professional Regulations, I mean? 31  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' k 25th Legislative Day March 9, 1995

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

They can already do that. That's in current 1aw under -- for diagnostic. What we're impacting is therapeutic, Senator.

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

But under your bill he has to receive appropriate training and certlficatlon, is that correct? And tc...tmicrophone cutoffl...competence in the use of such agents?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. .

That's correct. After the four years of education at the appropriate school of optonetry if those people are already in the field - practicing optometrists - they will have to go back and get considerable number of hours of additional training and education. That's in this law.

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

Madam President and Ladies and Gentlemen, to the bill: At the present time, a licensed optometrist may apply to the Departmqnt of Professional Regulations for certification to use therapeutic agenEs if *hat op*ometrist has, one, recelved approprla*e kralning and certtfication; two, demonstrated competence in the use of such agents; and three, already received a certificate to use diagnostic agents. Nou, When our optometrists Who are at Great Lakes Naval Base can go Ehrough a1l Ehese things and do Ehese thingsy and yet because they 're on the base they can do ity but if they were to practice right in Lake County outside the base they 32  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 couldn't do it, I don't think that's fair. I think this is a good bill. I might tell this Body that I represent ophthalnologists, i ! as Well as optometrists, as an attorney, and I can tell you right now that the ophthalmologis*s EhaE I know feel that there may a . very good working relationship between the optometrists and the ophthalmologists, because any conscientious optometrist knows that he's not goin: to do surgery. When there's surgery he thinks might be needed, hedll refer them to a good ophthalmologist. I think this bill is a good bill, and I don't think itfs going Eo cost half as much as my preceding colleague said. I think we ought to it. I think it'd be -- if it's tried in forty-one statesy and it's been successful, I don't know Why we should -- We should have to eliminate it here. I speak in favor of the billr and urge your favorable consideratlon.

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

Thank your Madam President and Ladies and Gentlemen of the Senate. I stand in strong support of Senate Bill 185: and being on one of those border communities, SenaEor, to where they can practice in Illinois and in Iowa, as an example - in Iowa they can do things they can't do ln Illinois, and I think that they should be on that even ground. I was a little dismayed, or a little shocked, *o -- Eo think Eha: if we pay *he same for a service, Whether it be to an optometrist or to an ophthalmologist, that our costs are going to go up. I -- I really don't qulte get that relationship . But I think this is a good bill, and ask fpr your Aye -- support.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Cronin. 1

Thank you very muchg Madam President, Ladies and Gentlemen of 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 the Senate. I rise in opposition to this billy and I just Want to . suggest to the Body here that really what is being asked for in this bill is that optometrists get the chance to practice ' medicine. There's a popular misconceptlon among people that . 1 ! surgery is tbe only thing that really matters uhen defining What a medical doctor does. Ask a cardiologist What he thinks the practice of medicine is. Permitting optometrlsts -- optometrists to administer therapeutic druqs, I believe, is practicing mediclne. Optomekrists don't ge* the same kind of training as doctors. They don't go to medical school. A medical school requires fifty-two hundred hours of training. An optometry -- optometry school requires anywhere from nine to eighteen hundred hours, with no national standards. The optometrist training stops there. The MD then goes on to a one-year internship in medicine, not just diseases of the eye. The MD then goes on to do a three-year residency, and then many of then go on and study further in a fellowship. I just believe that this is a very, very dangerous precedent. I think optometrists provide a valuable service: examlninq the eye, prescrlbln: corrective lenses, and dispenslng of the lenses. They -- they can make a lucrativg -- they can have a lucrative practice and a comfortable llving. I respectfully ask that we draw the line and let ophthalmologists practlce medlcine and let optometrlsts do their craft, as they do so well. I rise in opposlkion. Thank you.

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

Well, thank you, Madam Chairman. I rise in strong support of this legislation, and like Senator Jacobsr I also represent a border district whgrê optonetrists in the communities I represent practice on both sides of the river. And for many years several of them have been able to perform these procedures and use Ehese 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 therapeutic drugs under thelr Iowa license, but When they return i to Illinois,thatthey cannotdo the same type of things that 1 I theylre licensed Eo do ln Iowa. I think the leqislation is well-drafted. These people are highly professional. They've .put into the legislation a very strong educational component that w1l1 make khem extremely well qualified to -- to do the procedures they 're seeking. And I think this legislation is long overdue and I Would urge everyone to vote Aye. PRESIDINC OFFICER) (SENATOR DONAHUE) Further discussion? Further discussion? Senator Watson: to close.

Well, thank you, Madam President. I appreciate the -- the debate and the discusslon, and I Want to make a feW comnents abcut some of those who have taken exception to this approach. Firsty in the area of health care costs, I think you ought to realize and recognize that the study that was dong for that was done and funded by ophthalmology. And -- and reallye quite frankly, some of what has been said about this legislation hasn't necessarily been, as I would concern -- would say, is totally factual by -- by those coming from the ophthalmology side, and that's unfortunate. And I hate to even say that, but that's -- that's a fact, and I -- let's just move on. The totals that were involved in the costs involve eyeglasses alsor and we al1 know what the cost of -- of glasses are these days. Theylve -- they have -- certainly kheydve escalated. So Ehose -- I think i: -- as you can -- as skatistics can be skewed and I think What you have found by this study is just that factor. These statistics aren't necessarily based in apples and apples. I think it's apples and oranges. I mean, anybody who goes Eo an optomeErist who -- and you know, to say -- and those Who -- of you ghodll vote no - and I know khere's going to be some of you that do that - I would hope that you'd go down 35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 to the school and just go for yourself and witness what goes on in a quality-educatlon environment of tbe Illinois School of Optonetry. They do -- they'll be more than glad to have you khere. Theydve made a yeoman's effort to try to get everyone to come to the school to see What goes on, and I know that those of those of us who have gone, some have chanqed from No to Yes. Many have, because theg realize ehae educaeion shouldn 't necessarily be the issue heree because they are a getting quality education at the Illinois School of Optometry. The costs just for example rtght now, I go into an optometrist and they can diagnose my problem. They can't remove an obstacle, remember, ou* of my eye. They can't renove a subjectr but they can diagnose. So they have that capability . Now in the area of costs, what happens then, is you W111 then be referred to an ophthalmologist ko do the very thing that forty-one other states allow an optometrist to do: remove that body and treat. That's basically What this is. That's basically What this is all about. And from the opposition that wedve heard, that seems to be the focus that -- that's coming in this direction. I really -- in eommittee those who testified -- and I resent, 'cause I'm a pharmacist. I'm part of the health care team out there trying to provlde quality health care. resent the fact Ehat optometrists Would not bg considered professional. really do. And that statement Was made in commlttee. know you 've talked to the -- to the members of the Illinois Optometric Association. Al1 of you, hope, have and had an opportunity to meet them and get to know them. They're dedicated professionals. You think to tell me that if someone comes into their office and they're given a case in which they can't treat, that they won't have the professionalism to refer them to someone who can, like an ophthalmologist? These people work closely with ophthalmolcgy in many, many instances. Access is somethlng that I talked about 36  STATE OF TLLTNOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 25th Legislative Day March 9, 1995 earlier, and I know you a11 got one of these books from the Optometric Associationr and I hope you had a chance Eo read it over. But says on the front there, on this first page, it says: ''What's Wrong with this map?'' And got Illinois whlte and, as you can see, everything surrounding Illinois is in a darker color. Well that neans that every state surrounding Illinois has the -- an -- optometrist has the opportunity to do what he's tralned to do -- he or she is trained to do and educated to do, ln every state surrounding Illinois, except Illinois. We heard from Senator Jacobs and Sieben the situation that qoes on, on the borders cf our State. There 's an old cliche around here -- bu* forty-one states allow -- we ought to be number forty-two, and hope that happens today and We send this over to the Houser and we become the forty-second state. But there's an old cliche -- it's an overused one, but it says thaE this is a legislative effort whose time has come. And believe me has. And I would appreciate your Yes vote.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bill l85 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 Wlsh? Have all voted Who wish? Take the record . On that question, there are 34 Ayes, 18 Nays, 2 voting Present. Senate Bill 185, having received the required constitutional majority, is declared passed. Senator Trotter, on Senate Bill -- excuse me, Senator Trotter. senator Pitzgerald, for what purpose do you rise? SENATOR FITZGERALDI Por a verlftcation of the roll call, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) A11 rlght. That quesEion is always in order. Ring the bell, Madam ... Senator Fitzgerald has requested a verification. Will a11 Senators be in their seats, and the Secretary will read th9 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1995 afflrmatlve votes.

The following Members voted in the affirmative: BoWlesz Burzynski, DeAngelis, del Valler Demuzio, Donahue, Ralph Dunn, Fawell, Garciar Geo-Karis, Hasara, Hawkinson, Jacobs, Karpiel, Klemm, Lauzen, Madigan, Mahar, Malkland, O 'Daniel, Palmer, Petka, Rauschenberger, Rea, Severns, Shadid, Siebenr Smith: Viverito, Walsh, Watson, Weaver, Welch and Woodyard.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald, da you question the Member's presence? On a verified roll call, the Ayes are 34, the Nays are l8y 2 voting Present. Havlng -- Senate Bill 185, having received the required constitutional majoritye is declared passed. Senator Geo-Karis, for what purpose do you rise?

Madam President, havins -- having voted on the prevailing side, I move to reconsider the vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hasara.

Madam President, I Rove to 1ay the motion on the table.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Raris has moved Senator Hasara moves that Senate Bill -- that the motion to reconsider be tabled . A1l those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion is tabled. Senator Trotter, on Senate Bl1l 203. Senator Cronin, on Senate Bill 205. Read the bill, Madam Secretary.

Senate Bill 205. tsecretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) 38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 Senator Cronin.

Thank youy Madam President and Ladies and Gentlemen of the Senate. This bill slmply amends the Municipal Code to provide that a municipality in Cook County, which elected to become a home rule communlty at the November 1994 election, may speed up the effective date of thelr new sales tax. Such municipalities may file thelr sales tax ordtnance with the Department of Revenue by April 1st, instead of the current law, which says October 1st. This just gives them a chance to get the money in the door a little sooner. This passed unanimously out of committee. ask for your favorable vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 205 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 53 Ayes, 1 Nayy voting Present. Senate Bill 205, having received the required constitutional majority, is declared passed. Senator Hawkinson. Senate Bill 214. Read the bill, Madam Secretary.

Senate Bill 214. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.

Thank you, Madam President. This bill proposes a solution to allow the cleanup of environmental spills on adjoining property. When someone spills and spills over onto the adjoining property, there's no current legal mechanism for the ability to go 39  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 on that property and clean it up if there's a dispute between ehe property owners. This would provide that when the adjoining property owner does not want you to come on Ehe properky, you may Mo into court and seek *he right Eo go in to clean up the spill, and at the sane time the court will assess damages: which would be caused by that entry, so that if you have to go in and there are crops or you tear up sod or there 's some other damage, the court Will order the person Who ls going to clean it up to pay those damages as part of the permission for going on to do the environmental cleanup. Ifd be happy ko answer any questions, and otherwise I move that Senate Bill 214: as amended, be approved.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seelng noney the question is, shall Senate Bill 214 pass. Thcse in favcr Will vote Aye. Opposed, Nay. The vcting is open. Have all voted uho wish? Have all voted Who Wish? Have all voted Who Wish? Take the record. On that questlon, there are 54 Ayes, no Nays, voting Present. Senate Bill 214, havlng reeeived the required constitutional majority, is declared passed. Senator Madigan, on Senate Bill 225. Read the billy Madam Secretary. ACTING SECRETARY HAWEERI Senate Bill 225. (sscretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan. SENATOR MADIGAN) Thank your Madam President and Members of the Senate. Senake Bill 225 looks to be a long, detailed bill, but actually only does two things that it amends the Environmental Health Practitioner Registratlon Act and the Naprapath Practice Act in order to bring those things into compliance with the 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 administration and regulation of these two professions. This bill ! is a: *he requesE of the Departmenk of professlonal Regulatlon, ! and I would ask that -- I'd be happy to answer any questions, and ' I otherWise Would ask for favorable consideration.

PRESIDING OFPICER: (SENATOR DONARUE) Any discussion? Senator Mahar. Any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 225 pass. Those in favor will vote Aye. Opposedr Nay. The voting is open. Have al1 vcted who wish? Have a11 voted who wish? Have al1 vcted who Wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 225, having received the required constitutional majority' is declared passed. Senator Thomas Dunn. Senator Mahar. Senate Bill 231. Senator Thomas Dunn, on 237. Read the billr Madam Secretary.

Senate Bill 237. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Thomas Dunn.

Thank your Madan President. This bill would allow a hundred and thirty-nine thousand recreational vehicles and trailers to be ensigned the envlronmental license plaEe, and has # potential to raise three and a half milllon dollars for the Department of -- Canservatlon. Excuse me. We lve already sold twenty-three thousand envlronmental plates that have already generated income. So I would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 237 pass. Those in favor will vote Aye. Opposed, Nay. The votlng is open. Have a11 voted who wish? 41  STATE OF ILLINOIS 89TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 Have all voted Who wish? Have a11 voted Who Wish? Take the record. On that question, there are 56 Ayes, no Naysr none voting PresenE. Senate Bill 237, having received th9 required constltutional majority, is declared passed. Senator Lauzen, on Senate Bill 244. Read the billy Madam Secretary.

Senate Bill 244. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Thank you: Madam President. Senate Bill 244 simply clarifies the exemption for all property owned by a township and aperated as senior citizen housing under the Township Senior Citizens' Housing Act. This was passed out of committee, after dlscusslon, by unanimous vote. would ask for an Aye vote.

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

Yes. I apologize, Senator -- thank you, Madam President and Members of the Senate. don't have my analysis in our book. If you could -- ycu say it clarifies. I wonder if you could just explain it a little bit better?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Sure. I'd be happy to. What we have is a circumstance in Geneva, Illinois that probably applies to nany other districts around the State where we passed a referendum , got permission from the people of Geneva, to have the township construct and then operate a senior housing facility. When -- after they had passed 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 their referendum, the lawyers found that the language -- I nean, think that it's pretty clear, but not a qualified attorney - that is says that they are exempt from property tax, as a11 government buildings are . that belong to government. But what they 've asked me to do is geï that clarificakion Ehat, yes, this does fall under that 1aW. And so that's why I say that it's a clarification.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

Well, has the -- has the assessor assessed the properEy, and is it being taxed?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

No, it's not. They're being thorough.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further dlscussion? Seeing none, the question is, shall Senate Bill 244 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted whc Wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 52 Ayes, Nay, none voting Present. Senate Bill 244r having received the required constitutional majority, is declared papsed. Senator Shaw, for what purpose do you rise?

Thank you, Madam President. I was off of the Floor when l85 passed, and I would like tbe record Eo show thaE if I'd been here, that I would have voted Yes.

PRESIDING OFFICER: (SENATOR DONAHUE) The elec*ronic marvel Will so indicate, Senator Shaw. Senator Maitland, on Senate Bill 253. Senator Maitland, on Senate Bill 43  SQATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 274. Read the bill, Madan Secretary. ACTING SECRETARY HAWKER) Senator 274. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland .

Thank you very muchr Madam President and Members of the Senate. Senate B11l 274 affects two judicial districts in the State. In the 11th Judiciak District Will create one extra judge to be elected at large after the next election, and should this bill pass, the individual would be appointed by the Supreme Court until the next election. Secondly, it affects the the judicial district -- 6th Judicial District in that it adds two circuit judges to that district. 0ne of *he additions must be a resident of and elected fron Champaign County; *he other judge shall be elected at larqe. Againy the extra judgeships will be filled by the Supreme Court appolntment until they are filled by election in January of 1996. This is a case, in b0th districts, where -- where population is rising rapidly and a number of other cireumstanees have creaked a tremendous backlog and simply need additional judges. And f would seek your support of Senate Bill 274.

PRESIDING OFPICER: (SENAQOR DONAHUE) Any discussion? Any discussion? The question is, shall Senate Bill 274 pass. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have a1l voted Who wish? Have all voted who wish? Have al1 voted who wish? Take the record. 0n that question, there are 55 Ayesy no Naysr 1 voting Present. Senate Bill 274: having received the required constitutlonal majority, ts declared passed. Senator Maitland, on -- or, Senator 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 1995 DeAngelisz on 282. Read the bill, Nadam Secretary. END OF TAPE TAPE 2

Senate Bill 282. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. Senate Bill 282, allows the Illinois International Port Dlstrict the opportunity to apply for a license to sell liquor on iks recently constructed two eighteen-hole golf courses. These golf courses were constructed upon an o1d landfill - waste site - with no taxpayer dollars. But as it is required under law, and many, many exceptions have been made, if you arer tn fact, a unit of the State of Illinois, you musty ln faety apply for pernission to sell liquor on Ehe premises and then neet the ordinances of all other local authorlties. Be happy to answer any questions. If not...

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any diseussion? Any dlscussion? Seeing none, the question is, shall Senate Bill 282 pass. Those in favor will vote Aye. Opposedy Nay. The votinq is open. Have voted Nho uish? Have all voted Who wish? Have all voted Who Wish? Have al1 voted Who wish? Take the record. On that question, there are 44 Ayes, 10 Nays, none votlng Present. Senate Bill 282, having received 45 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 I the required constitutional majority, is declared passed. Senator ! Tbomas Dunn on senate Bill 285. Read the bill, Madam Secretary. , ! ACTING SECRETARY HAWKERI I Senate Bill 285. (secretaryreadstitleofbill) 3rd Reading of the bill. 1

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Thomas Dunn.

Thank your Madam President. This deals with the exemption given to the purchase of vehicles for charitable sales tax exemptions. .Automobëles that were purchased or leased with a market value aver tNenty-five Ehousand dollars would not qualëfy for the exemption. Exempted woutd be the purchase of vans, and buses, and trucksx and hand-controlled vehicles designed for the operation by the dlsabled. So, I'm asking that We close this loophole for vehicles - personal vehicles - over twenty-five thousand, that they ought to pay a tax like everyone else.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusslon? Any discusslon? Seeing none, the quesEion is, shall Senate B111 285 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voked who wish? Have a1l voted Who Wlsh? Take the record. On that question, there are 55 Ayes, l Nay, none voting Present. Senate Bill 285, having received the required constitutional najority, is declared passed. Senator O 'Daniel, on Senate Bill 288. Read the bill, Madam Secretary.

senate Bill 288. (secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) 46  cl;.f. STATEIOF.ILLINOIS 89TH CENERAL AGGEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislattve Day March 9, 1995 I Senator O 'Daniel. l I

Thank youy Madam President and Members of the Senate. Senate Bi11 288 elimtnates the requsrement tbat burial grounds owned by a not-for-profit organization is not be required to file an affidavlt during January of -- of each year. Seems cemeteries by their nature never change the use of the property, and as a result of that, it seems like it's just an unnecessary requirement that they file an affidavit in January. I don't -- the Illinois Cemetery Assaciation supports thls, and I don't know of any opposition. If there's any questlons, 1'11 attempt to answer them.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing none, the question is: shall Senate Bill 288 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have all voted who wish? Take the record . On that question, there are 51 Ayes, no Nays, 2 voting Presenk. Senate Bill 288, having received the required constitutional najority, is declared passed. Senator O'Malley, on Senate Bill 292. Read the bill, Madam Secretary. '

Senate Bill 292. (Secretary reads title of bill) 3rd Reading cf the bill. PRE:IDING OFFICER: (SENATOR DONAHUE) Senator O'Malley .

Thank you, Madam President. This bill -- Senate Bill 292: is an amendment to the School Code and what it provides is noEhing substantive -- what it does is -- this is a merely bill. My first nerely bill. 1* slmply goes Ehrough tbe statutes and anywhere the 47  >''',STATE'OF'ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 words ''handtcapped child'' or ''handicapped ehildren'' appears, those references are replaced with ''child's or ''children W1th I disabilitiesf'. If there's any questions, I'd be pleased to answer i them. . l I PRESIDINGOFFICER: (SENATORDONAHUE) j Any discussion? Senator Eawell.

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

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, SenaEor Fawell.

Senator, of courser the -- the feds have passed a great number of laws, talking about disabilities and disabled people, and so on and so farth. By changlng Ehe statutes like that, does this require any more of the State to do more things that under the present 1aw we do not have to do?

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

My understanding, Senator Fawellr is that lt will not make any difference in that respect. It's simply Eo Eighten up the -- the Code so that the language is consistent throughout, so there be no confusion as to whether or not they're talking about the same subject throughout the Code.

PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Further discusslon? Senator O'Malley,tockose.

1 ; Agaln, just a favorable roll call. Thank you. i

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bill 292 pass. Those in favor i Will vote Aye. Opposed: Nay. The voEing is open. Have al1 voted I 48  STATE OF ILLINOIS 89TH CENERAL A;SEMBLY REGULAR SESSION SSNATE TRANSCRIPT 25th Legislative Day Mareh 9: 1995 i who Wish? Have a11 voted Who wish? Have al1 voted who wish? Take the record. On that questionz there are 55 Ayes: no Naysg none voting Present. Senate Bill 292, havin: received the required constitutional majority: is declared passed. Senator Parker, on Senate Bill 296. Read the billy Madam Secretary.

Senate Bill 296. (Secretary reads title of b1l1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker.

Thank you, Madam President: Ladles and Gentlemen of the Senate. Senate Bill 296 creates the Mental Hea1th Research Fund, a checkoff forn on our income tax form. Monies in the fund would be awarded as grants by the Department of Mental Hea1th and Developmental Disabtlities to organizaticns in Illinois for the purposes of research and treatment of mental illness. There has never been an income tax checkoff in Illinois for mental health research. A lot of money is allocated in our State budget for care of people with mental -- mental health disabilities; however, there isn't any money allocated in our thirty-three-blllion-dollar budget for mental health research. It would be mote than appropriate to allow the opportunity for private fund: to be made available for research funds to help prevent mental illness. There is already a network of advocacy organizations in place statewide Ehat will be able to work to help this fund obtaln the hundced-thousand-doklar goal that they must reaeh. They include the NaElonal Alllance of Mentally 111, who have chapters across the State; the National Health -- Mental Xealth Associatlon, which has the Illinois Mental Hea1th Association and Greater Chicago Mental Hea1th Association; and the Natlonal Depressive and Manic 49  .- STATE.OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 I I Depressive Association: with headquarters in Chicago and chapters a11 over Ehe State. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discusston? Seeing none, the question is, shall Senate B1l1 296 pass. Those ln favor Wtl1 vote Aye. Opposedy Nay. The voting is open. Have a11 voted Who Wish? Have al1 voted who wish? Have a1l voted who Wlsh? Have a1l voted Who wish? Take the record. On that question, there are 54 Ayes, no Naysr and l voting Present. Senate 5ill 296, having received the required constitutional majority, ls declared passed. Senator Karpiel, on Senate Bill 364. Read the bill, Madam Secretary.

Senate Bill 364. (Secretary reads tikle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

Thank you, Madam President. Before I descrlbe *he bill, I woukd like to say that my cosponsors on this bill are Senator Walsh - not ''Senator Vacancy 2'' - Senator Walsh, Klemm and Fawell. Senate Bill 364 amends the Employee Commute Optkon Act. It prohibits the State of Illinois from enforcing any provisions of the Act until the USEPA publlshes -- publishes a nottce of proposed sanctions against the SEate for fallure ko implement the Act. This is in response to the USEPA'S change ln Eheir -- Eheir view regarding enforcement of Ehis Ack, which will cost Illinois employers, it is estimated, tWo hundred million dollars, annually. Officials from the USEPA have publicly stated that it is not EPA 'S intent to enforce against individual employers. And so, this -- this bill came into bein: because we feel that since the law will not be enforcgd, it dogsn't makg any sense Eo buslnesses Eo be 50  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 stuck with developlng plans that W111 never be used, and I ask for an Aye vote. PRESIDING OFFICER: (SENATOR DONAHUE) ; Any discussion? Any discusslon? Senator Welch.

I have a question of the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she'll yieldr Senator Welch.

Senator Karpiel, with many federal requirements, if the State doesn't go along, there ls a loss of federal dollars. Has the federal government threatened to punish the State of Illinois, if We do not continue to have in effect the Employee Commute Option bill? PRESIDING OFFICER: (SENATOR DONAHUE) E Senator Karpiel.

I have not heard that they have; neither has my staff.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Walsh.

Thank you/ Madam President. I just Want everybody to know that I'm enjoying myself back here, and that -- that I'm back here. I just am getting a little bit sensitiver.however. I did take a group last Week up to the -- the podium up there, to show them the board and everythingr and I looked on Ehere and my name wasn't on there, and I Was -- you knoW, it dtdn't hurt me too much. Then I'm sitting way back here, and I'm, you know, -- this isn't the Worst place in the world. But the last tWo bills .1 Nas the cosponsor ofr and in b0th places Ehey put ''Vacancy 2'' Now, it's -- it's starting to -- it's starting to ge* to me. I -- I -- I theynevertreatedmelikethisoverintheHouse,andIjustWant 1 51  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 25th Legislative Day March 9, 1995 everyone to know that, so -- thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Senator Jacobs. SENATOR JACOBS: . Thank you, Madam President, Ladies and Gentlemen of the Senate. I take stron: exception to the last remarks made by Senator Walsh. We'd be glad to accept you over here, Senator, but, you know, really, ycu should -- you should get your own bill: and come forward and talk on itr so We can then talk to you. So, you know, it might -- might be a two-way street to where you can get a liktle interplay here, if you get one of these with your name in a front place rather than a second place.

PRESIDING OFFICER: (SENATOR DONAHUE) A1t rëght. We're on Senate Bill 364. Is there any further discussion? Further discussion? Senator Karpiel asks that we vote on the bill. The question is -- ohr to close. Senator Karpiel.

My only close is, is that -- is that -- I would like to know, is Representative Terzich on the Ploor? I think it would be nice if we al1 Welcome Representative Terzlch to our Chamber -- former Representative Terzich. It's nice to see himr and yes, T would just like an Aye vote.

PRESIDING OEFICER: (SENATOR DONAHUE) The question is, shalk Senate Bill 364 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted uho wish? Have a11 voted Who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that questionr there are 56 Ayes, no Naysz none voting Present. Senate Bill 364, having received the required constltutlonal majorltyz is declared passed. Senator Siebene do you wish to have SenaEe Bill 365 rekurned to the Order of 2nd Reading for the purposes of amendment? fênator Sieben seeks leave of the Body to return Senate Bill 365 to the 52  .. STKTE OF.ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 Order of 2nd Reading for the purposes of an amendment. Hearing nc objection, leave is granted. On the Order of 2nd Reading, is Senate Bill 365. Madam Secretary are there any Floor anendments approved for consideration?

Amendment No. 1, offered by Senator Sieben.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sieben, on Amendment No. 1.

Yes, Amendment 1 is simply a -- a Eechnlcal amendment to correct a drafting error.

PRESIDING OPFICER: (SENATOR DONAHUE) Is there any discussion? Any dlscussion? Hearing none, a1l those in favor, say Aye. Opposed, Nay. The Ayes have l*, and the amendment is adopted. Are there any further Floor amendments for adoption?

No further amendments reportedr Madan President.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Parker, on Senate Bill 383. Read the bill, Madam Secretary.

Senate Bill 383. (Secretary reads title qf bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker.

Thank your Madam President, Ladies and Gentlemen of the fenate. Jus: before I start on this bill, like to just have be recorded that I Would have voted on Bill 292, positive. I mlssed khat vote. Senate Bill 383, amends the Highway Code and 53  STATE OF ILLINOIS 89TH GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legtslatkve Day March 9, 1995 provkdes Lake, Dupage, McHenry, Will and Kane counties Wlth more flexibility in the use of State motor fuel tax funds. The county I highway departments manage many major roads, b0th lnside and outside of municipal limits. Many niles of these roads are I improved each year. In the more urbanized counEies, over a hundred and fifty thousand in populaticn, part of the use of these roads ls by pedestrlans, bus patrons, and car-van poolers. When these county highways are improved, the need does exist for the county to be able to provide service to these other road uses by the provisions of sidewalks, bus stcps and benches, bike racks, and park-and-ride lots. Currentlyv the funds the county uses for road lmprovements are not available for funding these particular types of county highway improvements. This bill merely allows that they would be available to the county -- they would give then more flexibility in the use of highway funds to provide'this added service to its citizens, and for projects it approves. I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Any dlscusslon? Senator Hawkinson.

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

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she'll yleldz Senatpr Hawkinson.

Senator, in committee we sugges*ed Ehak ehis might be a good idea to give a11 the counties flexibility, and -- and you indicated to me that your collar counties did not want to amend the bill to give us the same flexibility. We have some urban counties - Peoria Countyz Sangamon County and others - that -- I that have mass transit and perhaps gould llke thls flexlbili*y. Did you find out a reason why the collar countles did not Want to i 54  > .. STATE'OF ' ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 I extend the same flexibility to the rest of us? PRESIDING OFFICER: (SENATOR DONAHUE) I 1 Senator Parker. SENATOR PARKER : . Yes, Senator, I did, because I thought it would be a good I idea, also. Apparently, Lake Coanty has Worked With the other counties in the State on this issue, and it was the other counties in the State - sone of them had reservations with -- wlth this billr as far as having the flexibility themselves. So, I guess I would suqgest that we could pass this for the ccunties that would like it up in the Lake County area, and if -- maybe there could be more discussion with the other ccunties in the State, and get it for the rest of the State later on.

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

Thank you: Madam President, Ladies and Gentlemen of the Senate. My question was basically the same as Carl Hawkinson. I like the bill, if a11 the other counties could opt in if they desired too, 'cause it's a permlssive bill. And I was prepared to vote for this, especially with that amendnent on there. But I think now that it's just to a couple of counties, and our counties don't get tha: same opportunltyr I would urge a -- a No vote.

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

Thank you very much. It Was discussed, of course, in the Transportation Committee that -- that perhaps some of the other counties Nould -- Would llke ta opt into thls. My suggestion is we pass this bill, see how the -- the countkes that presently have requested this bill do With this bill. Wha knows? Maybe in another year, we might come back and ask you to repeal it. But i 55  tcniatr.srATE,oF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 this was reguested by -- by Lake County. It is a particular bill that has been requested by -- by a partlcular county that she represents. It seems to me we -- we offer this courtesy to a 1ot of our Members when they -- When they have a particular board or municipality that comes and asks them for a billr and I would kike to extend this courtesy to our newest Senator, and -- and I request you a1l vote Aye.

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

Thank you, Miss -- Madam Presldent. Senator Parkerr would you have any objection to holding the bllly with the possibility of lts being amendedr to offer an opportunity for some of our larger counties downstate to have this sane flexibility?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker.

I would not agree with that. There is a 1ot of congestion and traffic congestion, and particularly in these urbanized areas, where cars are having difficulty commuting as it is. We have a need for flexibility uith those funds. I think it's inportant to remember thaE Lake County did approach other areas in the State. There Were other counties in the StaEe Ehat d1d not wank to do this. What I'm concerned about is, if we try and do it for a1l *he Stater Ehen we would have objections to that. I Would ask you to pleage do it for Ehese areas and Ehen I can -- I would be glad to cosponsor a bill for other areas who would like to do this later on or have it...tmicrophone cutoffl...the House.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senatcr Jacobs: for a second time.

Thank you, Madam Preskdent, and I apologize for raising 56 E STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 25th Legislative Day March 9: 1995 rksing for a second time. I think itfs about the first time I've I done it, but I'm a little b1t appalled, lf I -- if I might add. The -- the comments are being made by the other side of the aisle, that this is the lady's prerogative because it's from her own district. And I agree with that prerogative, lf that were the original intent. In committee, hcwever, we did make a decided effort to include the other counties. For -- for -- for us to stand here and have the Senator tell us that the -- some of the other counties didn't want to get involved, even though it was the feeling of those legislators - those Senators - that we did want to get involved, that therefore: thenz Lake County and -- and the other counties are going to take precedent, we're going to pass this bill, and -- and not revislt it. I -- I would -- I thought Senator Bowles had a -- a very good question and a very good resolve of this issue: and I also would urge that you hold this bill, bring it back to 2ndr allow us to amend 1t, and I'm -- I basically guarantee, you 'd probably get a unanimous vote. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Parker, to close. SENATOR PARKER : Thank you. I would like to hold this for a vote, and not hold it for not a vote. I thlnk it's important now for the counties in the area that are v:ry well urbanized. There is a lot of congestion. There is n/gd for them to have *he flexlbillty. The - - Marty Buehler, who is *he head of the Department of Transportatlon in Lake County, did approach the other counties in the area. There was objection from the rural counties downstate. Sor I Nould ask you, pleasey since this came from Lake County and the collar-county areas, to 1et them have the bill and their flexibility. I would be very happy to cosponsor, with Senator Jacobs, a bill at another kime when there can be an aqreement with 57  wa n gTATE.oy yLLgxoyg 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 other counties in the State who would like to have this opportunity. ask you for a favorable vote, so they can move ahead with their needed planning .

PRESIDING OFFICER: (SENATOR DONAHUE) The question isr shall Senate Bill -- Senate Bill 383 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Have all voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 28 Ayes, 26 Nays, 2 voting Present. Senate Bill 383, having not received the required constitutional majority, is declared failed. Postponed? Postponed Consideration. Senator DeAngelis, on Senate Bill 387. Read the billr Madam Secretary.

Senate Bill 387. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. The three follcwin: bills are the product of the Audit Commission. As you know, we meet once a month, and at the -- sonetime during that cycle We have a legislative meetipg and submlt to the General Assembly some of our findings. On Senate Bill 387: abolishes the Secretary of State Merit Advisory Board, because it's basically not doing anything. It another thin: it doesp it eliminates the duplication of the reports on the dlstribution of motor fuel. Theydre qiven b0th to the Department of Agriculture and the Departnent of Revenue. somebody expressed some concern on this. There will be an amendnent in the House to ensure that the Department of Agriculture does get that information. And it establishes <sic> 58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 the Mental Health and Developmentally Disabled -- Disabilities Medical Review Board because that too ls dupllcative, and there are other agencies doing the same work. 1'11 be able -- 1'11 be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is or is there any discussion? Any discussion? Seeln: none, the questicn 1s, shall Senate Bill 387 pass. Those in favor wl11 vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have a11 voted who Wish? Take the record . On that questton, there are 55 Ayes, no Nays, none voting Present. Senate Bill 387, having received the required constitutional majority, is declared passed. Senate Bill 388. Senator DeAngelis. Read the bill, Madam Secretary .

Senate Bill 388.

PRESIDING OFFICER: (SENATOR DONAHUE) Hold Out of the record. Sênator DeAngelis, on 389. Do you want called, Senator DeAngelis? Read the bill, Madam Secretary.

Senate Bill 389. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngells. SENATOR DeANGELIS: Thank you, Madam President. Senatg Bill 389 is a product of the Legislative Audit Comnission. However: I have to give some reccgnition to Senator Mahar: who discovered the same problem we found, and he has joined us as a hypbenated sponsor on this. Basically what this does, it allows *he Auditor General to conduck 59 ! @ STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 I an audit of the circuit clerks. Actually this bill, howevery forms a committee on how to do it. We have found that the circuit clerks who hand out money on receipts to different unlts of government, basically there is no audit system in place. There's . some discretion that's given out that results in some practices ' that maybe we need to refine. The clerks themselves have all agreed that some things have to be done because there are really no procedures or guidelines on hcw to collect this noney and hoW to distribute it, and this bill essentlally sets up that commlttee. PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any dlscussion? The question is, shall Senate Bill 389 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Wish? Have all voted who wish? Have a1l voted Who wish? Take the record. On that question, there are 56 Ayes: no Nays, none voting Present. Senate Bill 389, havin: received the required constitutional majorityr is declared passed. Senator DeAngelis on 396. Read the bill, Madan Secretary. ACTING SECRETARY HAWKER: Senate Bill 396. (Secretary reads title of bill) 3rd Readinq of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam Presldent. I Will find my bill here, we'll be okay. Can you temporarlly just take that out of the record? PRESIDING OFFICER: (SENATOR DONAHUE) Out of the record. SENATOR DeANGELIS: Oh, wait. Whoa -- whoa -- Whoa . 60  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis on Senate Bi1l... SENATOR DeANGELIS: Right now, when a person wishes to redeem their taxesy there . is a question as to when they have successfully sent their check. This bill establishes a definition of what ''due'' is, and When, in fact, that check or other documents that are going to pay off that lien against their property: whlch will be recognized as a official postmark or a timely deposit. ' i i

PRESIDING OFFICER: (SENATOR DONAHUE) . I Any discussion? Any discussion? Seeing noner the question is, i shall Senate Bill 396 pass. Those in favor will vote Aye. Opposed , Nay. The voting is open. Have a11 voted who wlsh? Have I al1 voted who wlsh? Have a1l voted who wish? Take the record. On i that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 396, having received the required constitutional majority, is declared passed. Senator Rauschenberger, on Senate Bill 404. Read the bill, Madam Secretary.

Senate Bill 404. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.

Senate Bill 404 incorporates the recommendakions of the task force that studied the Illinois Emersency Management -- Illinois Emergency ManagemenE Agency and writes into statute two recommendatlons that require legislative action. Basically, this statute does two things. It requires each executive branch State agency to designate an existing staff member to serve as the agency's emergency coordinator and sets forth his duties thereln. 61  STATE'OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Leglslative Day March 9, 1995 Additionally, it authorizes IEMA to expend money for emergencies, with the Governor's approval, without a declaration of emergency from the Governor. The amendment to the bill makes a technical change. I'd be happy Eo answer any questions.

PRESIDING OFFICER: (SiNATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 404 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have a11 voted Who Wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. Senate Bill 404, having received the required constitutional majority, is declared passed. Senator Rausehenberger, on Senate Bill 454. Read the bill, Madam Secretary.

Senate Bill 454. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.

As part of the second half of my leglslatlve agenda for this year, have a repealer bill here, which repeals obsolete statutes. This particular repealer bill deals With statutes that the Department of Agriculture ideneified as obsolete and no longer functlonal. They lnclude the Farm Produce Commission MerchanE Acty the Presh Eruit and Vegetable Marketin: Act, and the Farm Products Inspection Act, the Agricultural Investment Disclosure Ac* Ksicl, khe AgriculEural Land Ownership Act, and Ehe Governor's Agricultural Heritage Award Program. These are all programs that have been superseded by U.S. Department of Agrlculture action and they're duplicatlve. The Department is in support. The amendment 62  :6 STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25*h LegislaEive Day March 9, 1995 to the bill adds an addiEional Ack for repeal; it's the Apple and Peach Bill <s1c>. The Apple and peach Board, which was established under that portion of the bill, Was abolished in 1993 and its assets have been turned over to the Illinois State Horticultural Society. I'd be happy Eo answer any questions. PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Senator Welch. SENATOR WELCH: I have a question of the sponsor. PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Welch. SENATOR WELCH: Senator, several years ago, the Farm Bureau was very concerned about who was buying up farmland in the State of Illinois. And we passed a couple of laws concerning the foreign investment in the State of Illinois, to disclose Who actually owned farms in Illinois, and the Land Ownership Acty I believe, was also on the same idea, the idea being that Illinois land was being purchased both by corporations and by fcreigners and that families owning farms were decreasing because of this. Did the Farm Dureau appear in the -- in the Committee? D1d they reqiseer opposition or support or do they -- do you know if they have any posltion whatsoever on this bill? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger. SENATOR RAUSCHENBERGER: That -- that provision in -- in the statute books was never funded. The Farm Bureau is aware of the repealer. They did not appear in committee to either register in support or -- or in opposltlon. I've had numerous conversations with then on other issues that I'm working.with, and they have yet to mention it. I don't think Ehey consider this a particular priority. 63  tp= gTATE oF,ILLIxoIs 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator O'Daniel. I

Yes. Thank you, Madam President, Members of the Senate. I i I just wanted to make a -- Senator Philip and his staff aware now I 1 that I'm -- I'm thinking abaut selking another tract of land. Xou i know, a few years ago they -- We had this -- this Act and they ' I accused me of selling land to foreign interests, and laundering I money and things of this nature. You better be careful nowy what ! j you're daing. 7ou won't be able to do that thls if We eliminate l this.

PRESIDING OFFICER: (SENATOR DONKHUE) Further discussion? Further discussion? Senator Rauschenberqer, to close.

I would appreciate a favorable roll call.

PRESIDING OPFICER: (SENATOR DONAHUE) Question is: shall Senate Bill 454 pass. Those in favor Will vote Aye. Opposed, Nay. The vcting is open. Have all voted Who wish? Have a11 voted who Wish? Have a11 voted Who Wish? Take -- ' have a11 voted who wish? Take the record . On that question, there are 39 Ayes, 2 Nays, 9 voting Present. Senate Bill 454, having received the requlred constitutlonal majorityr is declared passed. Senator Karpielf on Senate Bilk 461. Read the bill, Madam Secretary .

Senate Bill 461. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Karplel. 1 SENATOR KARPIEL: I I 64  = ..STATE'OF'ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislatlve Day March 9, 1995 Thank you, Madan -- Madam President. Senator 461 renoves the current statutory caps on the amount of money that can be appropriated to the Pollution Control Board in any given fiscal year from both the Permit Inspection -- Permit and Inspection Fund and the new Clean Air Act. The Board is not requesting any additional money from either of these funds for next year's appropriations. Th9 dgeision whether or not to increase, decrease or hold level the Board's appropriations from these tWc funds in the future will rest wholly with the General Assembly through the normal budget appropriation process. This bill does not guarantee the Board any level of funding from either fund; rather, it simply places the Board on the same playing field as the other agencies that have access to this fund, and I ask for your Aye vcte.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discusslon? Seelng none, the questlon is, shall 461 pass. Those favor will voke Aye. Opposed, Nay. The voting is open. Have al1 voted Who Wish? Have a11 voted who Wish? Have a11 voted Who Wish? Have a11 voted Who wish? Take the record. On that questlon, there are 52 Ayes, l Nay, none voting Present. Senate Bill 461, havlng received the required constitutional majority, is declared passed. Senator Cullerton, for what purpose do you rise? Oh. Senator Maitlandr on Senate Bill 465. Out of the record. Senator Demuzio, for what purpose do you rise?

Thank you. Before we get too far along, Senator Hall and Senator Collins are still absent due to illness, and Senator Trotter's not here today, on official business.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger, for uhat purpose do you rise?

like permission of the Body to table Senate Joink 65  STATE 0P ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 Resolution l7. PRESIDING OFFICER: (SENATOR DONAHUE) ! I I That motion's always in order. Senator Rauschenberger moves I to table Senate Joint.Resolution l7. Is -- a11 those in favor, say Aye. Opposed, Nay. The Ayes have it. Motion is accepted. Resolutions. SECRETARY HARRY: Senate Joint Resolution 34, offered by Senator Dudycz. (Secretary reads SJR No. 34) PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel noves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 34. Those tn favor will say Aye. Opposed, Nay. The Ayes have tt. The rules are suspended. So Senator Dudycz has . moved to adopt Senate Joint Resolution 34. Those in favcr will say Aye. Opposed, Nay. The Ayes have it, and the resolutioa is adopted. Senator Petka, for what purpose do you rtse? SENATOR PETKA: Thank you, Madan -- thank your Madam President. I wculd like to change the chief sponsor on Senate Resolution 34 -- or exeuse me: 27, from Senator Petka to Senator Philip. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka. SENATOR PETKA; Thank you, Madam President. I$d like Wlthdraw that oral motion. Thank you. PRESIDING OFFICER: (SENATOR DONAHUE) Thank you. Committee Reports. SECRETARY RARRY: SenatorWeaver,ChairoftheCommitteeonRules,reports that l the following Legislative Measures have been assigned to i I i committees: Referred to the Committee on Education - Senate Bill I 66  :.' ' STATE 'OF ILLINOIS 89TH GENERAL ASSEMBLY REG7LAR SESSION SENATE TRANSCRIPT 25th Legislative Day March 9, 1995 1030, and Senate Amendnent 2 to House Bitl -- or to Senate Bill : I 141; referred to the Committee on Executive - Senate Joint I Resolutions 27 and 33; referred to the Committee on Local I I Government and Elections - Senate Amendment .l to Senate Bill 112.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further business to come before the Senate? Any further business? Pursuant to the adjournment resolution, the Senate stands adjourned until noon on Tuesday, March 14th. Senate stands adjourned. I I ! I ! I i I I i i 67 REPQRT: TIFLDAY STATE OF ILLINOIS 96/09/11 PZGE: 001 89TH GENERAL ASSEMBLY 16::8:36 SENZTE DAILT TRàNSCRIPTION OF DEBATE INDEX M&RCH 09, 1995 SB-0O20 THIRD READING 88-0052 THIRD READINC SB-0063 THIRD READING sB-OO67 THIRD REàDING sB-0068 THIRD READIMG 3B-00T2 THIRD READING s8-0079 THIRD PEADING 59-0082 THIRD REZDING sB-010R THIRD READING SB-0118 RECALLED SB-0150 THIRD RERDING :8-0157 SECOMD READING SB-0159 RECALLED sB-016k THIRD REZDING :8-0168 THIRD REZDING SB-0180 THIRD RFADING sB-0185 THIRD READING SB-0185 OTHER SB-02O5 THIRD HEADING 58-0214 THIRD REâDING 58-0225 THIRD READING 58-0237 THIRD READING sB-024% THIRD READING 88-0264 SECCMD READIMG SB-027) THIRD READING 88-0282 THIRD READIMG 58-0285 THIRD READING 58-0288 THIRD REZDING 88-0292 THIRD RZADING 58-0296 THIRD READING 58-0363 SECOMD READING 88-036% THIRD READING 58-0365 RECâLLED 58-0383 THIRD READING s8-0387 THIRD READIMG 88-0389 THIRD READING SB-0390 SECOMD READING 58-0396 THIRD READING SB-OROP THiRD REZDING SB-0R05 SECOMD READING s8-0425 SECOND READING 88-0426 SECGMD READIHG sB-0R5k THIRD READING SB-0k61 THIHD READING 58-0529 SECCND REZDING 58-0535 SECOQD READTNG 58-0625 SECORD READING sJR-û017 TABLED 5JR-003% ADOPTED SJR-0034 RESOLBIiON OFFERED SUBJECT HATTER SEMRTE T0 OHDER-PRESIDENT PHILIP PAGE 1 PRAYER-DB. KENNETK DUNN PAGB 1 PLEDGE OF ALLECIAVCE PAGE 1 JCURNZLS-POSTPONED PACZ 1 COMHITCEE REPORTS PAGE 1 HESSâGE FRCM THE HOUS2 FâGE a CCMMITTEE HEPOHTS PZCE 66 ADJOURNHENT PAGE 61