Illinois Senate Floor Debate — March 16, 1995

(Prayer by the Reverend Patrick Rusch)

Please a11 rise for the Pledge of Allegiance, given by Senator Sieben.

(Pledge of Allegiance, 1ed by Senatcr Sieben)

Reading of the Journal. Senator Butler.

Mr. Presldent, I move that readins and -- and approval of *he Journals of Tuesdayz March 14th, and Wednesday, March l5Eh, in *he year 1995, be postponed, pending arrival of the prlnked Journals.

Senator Butler noves to postpone the readinq and the approval of the Journalr pending the arrival of the prlnted transcripts. There belng no objection. so ordered. Resolutions.

Senate Resolution offered by Senator Shaw and all Members. Senate Resolution 35: by Senator Denuzio. Senate Resolution 36, by senator DeRuzio. Also Senate Resolution 37 is offered by Senator Demuzio . They 're all death resolutions, Mr. President.

Consent Calendar.

1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16: 1995 And Senate Resolution 38, offered by Senator Farley. It's substantive.

Committee Reports.

Senator Madigan, Chair of the Committee on Insurance, Pensions and Licensed Activitiesz reports Senate Bills 766 and 1142 Do Pass. Senator Karpiel, Chair of the Committee on Executiver reports Senate Bills 89, 538 and 679 Do Pass; and Senate Bills 277 and 1124 Do Pass, as Amended. Senator Raica, Chair of the Committee on Public Hea1th and Welfarey reports Senate Amendment to Senate Bill 86 Be Adopted, and Senate Amendment 2 to Senate Bill 293 Be Adopted. And Senator Mahar, Chair of the Committee on Environment and Energy, reports Senate Bill 276 Do Pass; and Senate Bills 162, 459 and 789 Do Pass, as Amended.

PRESIDING OFFICER: (SENATOR DDDXCZ) Senator Severns, for what purpose do you rise?

Thank your Mr. President. Just for the record: Senator Hall is still ln the hospikal) Senator Demuzio ks tn the hospital; and Sena*or Carroll is ill.

PRESIDING OFFICER: (SENATOR DUDYCZ) ... renlnd khe Members that this is the last day of the week. We are qoinq to be going to the Order of Senatg Billg 2nd Reading, and then we will be gokng to the Order of Senate Bills 3rd Reading. So on page 2 of today's Calendar is the Order af Senate Bills 2nd Reading. The Members within the earshot of my voice are advised to move their bills, to please come to the Floor, and we will be beglnninq with *he top of page Senate Bills 2nd Reading. On the Order of 2nd -- 2nd Reading Senate Bills, top 2  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legkslatkve Day March l6# 1995 page 2, Senate Bill 5. Senator Hawkinson. Do you wish the bill to be read? Mr. Secretary, read the bill.

Senate Bill 5. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No .

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

No further amendments reporked, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 34. Senator Fawell. Mr. Secretary, read the bill.

Senate Bill (Secretary reads title of bill) 2nd Reading of the b1l1. The Committee on Local Government and Elections adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any Floor amendments that have been approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bi11 62. Senator Klemm . Senate Bill 64. Senator Raica . Senate Bill 69. Senator Petka. Mr. Secretary, read the bill.

Senate Bill 69. (secretary reads title of bill)  STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6r 1995 2nd Reading of the bill. No commëttee or Ploor amendnents. PRESIDING OFFICER) (SENATOR DUDYCZ) 3rd Reading. Senate Bill 76. Senator Peterson. Senate Bill 100. Senator Raica. Senate Bill 111. Senator Sieben. Mr. Secretary, read the bill.

Senate Bill 111. (Seeretary reads tltle of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFPICER: (SENATOR DUDYCZ) 3rd Readtng. Senate Bill 112. Senator Woodyard. Senate Bill 133. Senator Peterson. Senate Bill 134. Senate Bill 146. Senator Hendon. Senate Bi11 161. Senakor Cullerton. Mr. Secretaryr read the bkll.

Senate Bill 161. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Amendment Nc.

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

No further amendments reported: Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate B111 175. Senator Klemm. Mr. Secretary, read the bkll.

Senate Bill 175. (Secretary reads title of bill) 2nd Reading of *he bill. No committee or Floor amendments.

PRESIDING OFPICER: (SENATOR DUDYCZ) 4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day Margh l6, 1995 3rd Reading. Senate Bill 192. Senator Hasara. Senate Bill 207. Senator Watson. Senate Bill 229. Senator O'Malley. On the kop of page 3, Senate Bills, the Order of 2nd Reading, Senate Bill 235. Senator Parker. Mr. Secretary, read the bill.

Senate Bill 235. (Secretary reads tiEle of bill) 2nd Readins of khe bill. No conmittee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 239. Senator Geo-Karis. Senator Geo-Raris. Mr. Secretary, read the bill.

Senate Bill 239. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.

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

No further amendments reported.

PRESIDING OFPICER: (SENATOR DUDYCZ) 3rd Reading. With leave of the Bodyr we will return Eo Senate Bill 229. Senator O 'Malley has returned to Ehe Floor. Senator O 'Malleyr you uish the bill be heard? Mr. Secretary, read the bill.

Senate Bill 229. (Secretary reads title of bill) 2nd Reading of *he bill. The Committee on Judiciary adopted Amendment No.

PRESIDING OFPICER: (SENATOR DUDYCZ) 5  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legkslatkve Day March 16, 1995 Have there been any Ploor amendments that have been approved for consideration?

No further amendments reported.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 293. Senator Walsh . Senate Bill 299. Senator Watson. Senate Bill 303. Senator Petka. Mr. Secretary, read the bill.

Senate Bill 303. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judlciary adopted Amendment No. 1. PRESIDING OFFICER) (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?

No further amendments reported.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 315. Senator Peterson. Mr. Secretary, read the bill.

Senate Bi11 315. (Seeretary reads title of bll1) 2nd Reading of the bill. The Committee on Local Government and Elections adopted Amendment No. 1.

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

No further amendments reporked.

PRESIDING OPFICER: (SENATOR DUDYCZ) 6  STATE OF ILLIHQIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6w 1995 3rd Reading. Senate B1ll 338. Senator de1 Valle. Senator del Valle. Mr. Secretary, read the bill.

Senate Btll -- or, 338. (Secretary reads title of b111) 2nd Reading of the bill. The Committee on Judiciary adopted Amendnent No.

PRESIDING OFFICCR: (SENATOR DUDYCZ) Have there been any Ploor amendments that have been approved for consideration?

Nc further amendmenEs reported.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 354. Senator Barkhausen. Senator - - Senate Bill 384. Senator Petka. Mr. Secretary, read the bill.

Senate Bill 384. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No .

PRESIDING OFFICER: (SENATOR DUDXCZ) Have there been any Floor amendments that have been approved for eonsideratlon? SECRETARY HARRV) No further amendments reported.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Btl1 407. Senator Fitzgerald. Mr. Secretary, read *he bill.

Senate Bill 407. (Secretary reads title of bill) 2nd Readin: of the bill. No committee Or Floor amendments.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995

PRESIDING OPFICER: (SENATOR DUDXCZ) 3rd Reading. Senate Bill 416. Senator DeAnqelis. Mr. Secretary, read the bill.

Senate Bill 416. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Ploor amendments.

PRESIDING OEFICER: (SENATOR DUDXCZ) 3rd Reading. Senate Bill 428. Senator Thomas Dunn. Mr. Secretary, read the bill.

Senate Bi11 428. (Seeretary reads title of bill) 2nd Reading of thê bill. No committee or Ploor amendments.

PRESIDING OFFICER: (SENATOR DUDXCZ) 3rd Reading. Senate Bill 435. Senator Hawkinson. Mr. Secretary, read the bill.

Senate Bill 435. (Seeretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR DUDXCZ) 3rd Reading. Senate Bill 442. Senator Woodyard. Senate Bill 444. Senator Peterson. On the top of page 4, on the Order cf Senake Bills 2nd Reading, Senate B1l1 447. Senator Cullerton. Mr. Secretaryr read the bill. 8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995

Senate Bill 447. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendnents.

PRESIDING OFPICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 472. Senator Peterson. Senate Bill 481. Senator Rauschenberger. Mr. Secretary: read the bill.

Senate Bill 481. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted Amendment No .

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

No further amendments reported.

PRESIDING OFPICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 509. Senator DeLeo . Mr. Secretary, read the bitl.

Senate B111 509. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor apendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. SenaEe Bill 539. Senatcr FaWell. Senate Dill 582. Senator Carroll. Senate Bill 619. Senator Butler. Mr. Secretary, read the bill.

Senate aill 619. tsecretary reads title of bill) 2nd Rgading of the bill. No commlttee or Floor amendments. 9  STATD OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6r 1995

PRESIDING OFEICER: (SENATOR DUDYCZ) 3rd Readinq. Senate Bill 624. Senator Syverson. Mr. Secretary, read the bill.

Senate Bill 624. (Secretary reads title of bill) 2nd Reading of the bill. The Commtttee on Transportation adopted Amendment No. 1.

PRESIDING OPFICER: (SZNATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration?

No further anendments reported.

PRESIDING OFPICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 637. Senator Raica . Senate Bill 640. Senator Hasara. Senate Bill 664. Senator Thomas Dunn. Senator -- Senate Bill 675. Senator Rausehenberger. Mr. Secretaryr read the bill.

Senate Bill 675. (Secretary reads title of bill) 2nd Rêading of the bill. The Committee on State Gcvernment Operatlons adopted Amendment No. 1.

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

No further amendments reported.

PRESIDING OEFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 704. Senator Bowles. Mr. Secretary, read the blll.

10  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 Senate Bill 704. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER; (SENATOR DUDYCZ) 3rd Reading. Senate Bill 728. Senator Woodyard. Senaee Bill 733. Senator O'Malley. Senate Bil1 739. Senator Butlêr. Mr. Secretary, read the bill.

Senate Bll1 739. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee or Ploor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Ploor amendmenks that have been approved for consideration?

No further amendments, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On top of page on the Order of Senate Bills 2nd Readingr Senate Bill -- 756. Senator Sieben. Senator Todd Sieben. Senate Bill 760. Senator Lauzen. Senate Bill 761. Senator Maitland . Senate Bill 762. Senator Klemm. Mr. Secretaryy read the bill.

Senate Bill 762. (Secretary reads title of bill) 2nd Reading of the bill. No commitbee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDXCZ) Reading. Senate Bill 763. Sena*or Ralph Dunn. Senator Ralph Dunn. ...secretary, read the bill.

Senate Bill 763. (Secretary reads title of bill) 11  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 2nd Reading of the bill. No commlttee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 764. Senator Ralph Dunn. permission has been requested by the daily Southtown to photograph and record the proceedings. With no objectlon, permission is granted. Senator Geo-Karis, for What purpose do you rise?

Mr. Presldent and Ladies and Gentlemen of the Senater a point of personal privilege.

PRESIDING OPFICER: (SENATOR DUDXCZ) State your point.

am pleased to report that in the President's Gallery we have Reverend and Mrs. Norman Schneller from Zicnz Reverend Rocky M. Seffingar Reverend Larry Palmer, Andy Seheltons, Phillip Scheltons, Matthew Scheltonsr Altcia Hardy, Melissa Gurley' Tricia Stewart, Karl Foster. These are students of the Reverends, and we're very pleased to have then visit us today and ask you to welcome them here.

PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests -- the gallery please rise and be recognized. Welccme to Springfield. Senator Ralph Dunn, for what purpose do you rlse?

Thank youe Mr. President and Members of the Senate. I'd love to have genate Bill 763 put back on 2nd. holding it for an amendment, and I inadvertently asked you to move PRESIDING OFFICER) (SENATOR DUDXCZ) Senator: When the amendment is filed, we shall put Ehe bill on Recall. On the Order of Senate Bills 2nd Readingr Senate Bill 769. Senator Petka. Mr. Secretary, read the bill.

12  STATE OF ILLINOIE 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Leglslative Day Marcb l6, 1995 Senate Bill 769. (Seeretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: .ISENATOR DUDYCZ) 3rd Reading. Senate Bill 782. Senator Hawkinson. Senator Hawkinson. Senate Bill 783. Senator Watson. Senate Bi1l 814. senator DeAngelis. Mr. Secretary, read the bill.

Senate Bill 814. (Seeretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFPICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 817. Senator Raica. Senate Bill 907. Senator Walsh. Mr. Secretaryr read the bill.

Senate Bi1l 907. (Secretary reads title of btll) 2nd Reading of the bill. No comnittee or Ploor anendments. PRESIDING OFPICERI (SENATOR DUDYCZ) 3rd Reading. Senake B111 908. Mr. Secretary, read khe bill.

Senake Bill 908. (Seeretary reads title of bill) 2nd Reading of the blll. No compittee or Ploor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Sënate Bill 913. Senator Rauschenberger. Senate Bill -- Senate Bill 941. Senator Sieben. Senate Bill 942. senator Sieben. With leave of the Body, we will return to senate Bill 923. Senator Rauschenberger. Sena*or -- Mr. Secretary, read the bill.

Senate Bill 923. :3  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislatlve Day March l6, 1995 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Appropriations adopted Amendment No.

PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been.appraved for consideraEion?

Xo further amendments reported. PRESIDING OFFICER; (SENATOR DDDYCZ) 3rd Reading. On the top of page -- page 6, in the Order of Senate Bills 2nd Reading, Senate Bill 960. Senator Eitzgerald. Mr. Secretary: read the bill.

Senate Bill 960. (Seeretary reads title of bill) 2nd Readin: of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR DDDYCZ) 3rd Reading. Senate Bill 992. Senator Donahue. Mr. Secretary, read the bill.

Senate Bill 992. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1005. Senator O 'Malley. Senate Bill 1006. Senabor OlMalley. Senate Bill 1035. Senator O 'Malley. Senate Bill 1078. Senator Dillard. Mr. SecreEary, read the bill.

Senate Bill 1078. (Secretary reads title of bill) 2nd Reading of the bill. No conmittee or Floor amendments.

PRESIDING OFFICER: (SENATOR DDDXCZ) 14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 28th Legislative Day Mareh l6, 1995 3rd Readlng. Senate Bill -- 1188. Senator Dillard. Mr. Secretary, read the bill.

Senate 9111 1188. (Seeretary reads title of bi11) 2nd Reading of the bill. No committee or Floor amendmenks.

PRESIDING OPFICER: (SENATOR DUDXCZ) 3rd Reading. Senate Bill 1202. Senator Parker. Secretary, read the bill.

Senate Bill 1202. (Secretary reads title of bill) 2nd Readlng of the bill. The Committee cn Transportation adopted Amendment No.

PRESIDING OFPICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration? SECRETARY HARRYI No further amendments reported .

PRESIDING OPPICER: (SENATOR DUDXCZ) 3rd Reading. Sgnate Bill 1203. Senator Barkhausen. We -- with leave of Ehe Body, we will return to the Order of Senate Bills 2nd Reading, page 3: Senate Bill 293. Senator Thomas Walsh. Mr. Secretaryr read ehe bill.

.vo tmicrophone cuEoff)...Bi11 293. (Secretary reads title of bi11) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted Anendment No. 1.

PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideration? 15  STATE OF ILLINOIS 89TH GENERAC ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995

No further amendments reported.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading.

Pardon me, Mr. President. There is another amendment. Amendment No. 2, offered by Senator Walsh.

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Walsh .

I would just ask for its approval.

PRESIDING OFFICER: (SENATOR DUDXCZ) Is there any discussion? not, Senator Walsb moves Ehe -- the adoption of Amendnent No. 2 to Senate Bill 293. Those in favor: say Aye. Opposed: Nay. The Ayes have it, and the amendRent is adopted . Are there any further Floor amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Members are reminded to come to the Floor. We wl11 be shortly going to the Order of Senate Bills 3rd Reading. We will be beglnning on page 8. We will begin where we left off yesterday. And Senate Bë1l 420 is the first bill that will be called. Senator Kawell, Philip, Geo-Karis, DeAngelis, Dunn, Woodyard, if you wish your bills to be heard and al1 other Members - please come to the Ploor. We Will be going the Order of Senate Bills 3rd Readkns. This will be final action, so We would urge a11 *he Members to return to the Ploor. Before we go to the Order of -- of Senate Bills 3rd Reading , on page 2 of today's Calendar is the page 10 of today's Calendar is the Order of House Bills 2nd Reading. House Bills 2nd Reading, page 10. Senator Cronin, do you wish that bill heard? Mr. Secretary/ 16  STATE OF ILLINOIS 89TH GENERAL ASSEMZLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislatlve Day March l6, 1995 read the bill.

House Bill 206. (Secretary reads title of bill) 2nd Reading of the bill. No ccmmittee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDXCZ) 3rd Readlng. Senator Fawell: for what purpose do you rise? We will now go to the Order of Senate Bills 3rd Reading. We will begln with Senate Bill 420. Senabor Pawell. On the Order of 3rd Readtng is Senate Bill 420. Mr. Secretary, read the bill.

Senate Bill 420. (Secretary reads title of bill) 3rd Reading of the bkll.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell. SENATOR FAWELLJ Thank you very much. This is a bill that was given Eo me by the Citizens Council on Children. It creates an interagency councll for the homeless youth and requires the council to coordinate and make available data on available programs and services relating to the homeless youth. Really the purpose of this bill is to be able to collect this data and tell the ageneies how to tap ipto the Stewart B. McKinley <slc> (McKinney) Act fundsr which are at the federal level, for the homeless youth. And I will be glad to answer any qugstions and ask for your favorable vote.

PRESIDING OFFTCER: (SENATOR DUDXCZ) Is there any discussion? If notr the question is, shall Senate Bill 420 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have al1 voted who wish? Have all voted who Wish? Have a11 voted who wish? Take the record.  STATE OP ILLINOIS ; 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT I ! I 28th Legislatlve Day March 16, 1995 I I i On that question, there are 54 Ayes, no Naysr none voting Present. And Senate Bill 420, having received the requlred constitutional majority, is declared passed. Senate Bill 424. Senator Philip. Senate Bt11 425. Senator Geo-Earis. Senate Bill 425. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: Senate Bill 425. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Raris. SENATOR GEO-KARIS: Mr. President and Ladles and Gentlemen of the Senate, simply -- it simply directs Ehe Department of Revenue to withhold incone tax refunds to any individual who has defaulted on a fine, court fee, restttution, or court costsr and the Department will get five percent of the refund for adninistrative costs. Before they do anything, they have to get a court order from the elerk of the court. I ask for favorable consideration. PRESIDING OFFICER: (SENATOR DUDYCZ) Is -- is there any discussion? If notr the question is, shall Senate 3i11 425 pass. Senator Palner. SENATOR PALMER: Thank ypu, Mr. President. A question of the sponsor. PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she will yield . Senator Palmer. SENATOR PALMER: Senator Geo-Maris, in committee there was an açreemen*, T thoushE, EhaE you would work wikh the Department of Revenue and the Office of the Comptroller to reach an agreement on the implementation of the Wtthholding of refunds and the disbursal. PRESIDING OFFICERI (SENATOR DUDYCZ) I 18 I i  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 Senator Geo-Karis.

Yes. I made an agreement, and I agreed -- and I gave my Word that when the bill Went into the House that would be worked out, as soon as the two Departments gave usr at the in the House levelr what they wanted.

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

Thank you, Mr. President. Will the sponsor yield Eor a queskion?

PRESIDING OFFICER: (SCNATOR DUDXCZ) Sponsor indieates she will yield. Senator Hawkinson.

Senatory along the -- the same linesr and don't have the language of the bill in front of ne, but is there any fee to be paid to the clerks of court for thelr providing or preparing forms, or have the -- are the clerks of court aware of this, that this is a new mandate we're putting on them , and is there any way to pay them for their service?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Karis. SENATOR GEO-KARIS; My clerk is, and and there's no fee. The only thing that the -- the clerk has to do is -- if they have these Cees that have accumulated and they haven't been paidr a11 they need to do is get a court order and send it on to tbe Department of Revenue. That's all.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson.

Are they ln favor of the bill? 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995

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

As far as I know they are.

PRESIDING OFFICER: (SENATOR DDDYCZ) Senator -- any further discussion? Senator Welch.

I had a question of ehe sponsor.

PRESIDING OPFICER: (SENATOR DUDYCZ) Sponsor indicates she will yield. Senator Welch.

Senator Geo-Karis, this says that a person doesn 't pay the court costs in a case, thelr -- their income tax refund can be withheld. Does that only apply to criminal casese or does it also apply to court costs in civil cases?

PRCSIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Raris.

It applies to anyone who has to -- defaulted on a fine, or a court fee, or restitution, or court costs. And if it's a civil case and any of these apply: it Would apply. PRESIDING OFFICERt (EENATOR DUDYCZ) Senator Welch.

Well: Senator: handle a 1ot of cases in court where *he the Person will pay the underlying amount due, but Won't pay you the eourt costs because Ehey think thaty you know, either you shouldn't have brought them to court in the first place, or they don't believe in it. In that case, I can have Ehe circuit clerk send a letter down to the Department of Revenue to withhold thêir income tax refund for a...tmicrophone cutofflq..or seventy-five dollars? 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Leglslative Day March l6, 1995

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

If the circuit court.clerk feels it's advisableg the circuit court clerk can get an order of court to get kt. If we don 't stop some of thls -- and, you know, the -- the clerks are -- plagued with *hese people who donft pay . And hok are We going to stop it? We've got to try it.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.

Butg Senator, in a civil caser the court costs go back to the plaintiff. In a criminal case, goes to the State. That's -- tha*'s what would think would be *he difference between *he Ewo.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Raris.

stand corrected. What I'm driving at is the criminal cases.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? If not, Senator Geo-Raris: to close. SENATOR GEO-KARIS; ask for a favorable vote. Thank you.

PRESIDING OFFICER: (SENATOR DUDYCZ) Question is, shall Senate Bill 427 pass. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have a11 voted who wish? Have a1l voted who wish? Have al1 voted who wish? Take the record . On that question: there are 51 Ayesr 1 Nay and 3 voting Present. And Senate Bill 425, havin: received the required constlEutional majority, is declared passed. WICS requests permission to videotape the Senate proceedings. Seeing - - hearing no objection, leave is granted. On the top of page 9, the Order of senate Bills 3rd Reading, Senate Bill 432. Senator  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESGION SENATE TRANSCRIPT 2Bth Legislatkve Day March 1995 DeAngelis. Senator DeAngelis. Senate Bill 446. Senator Thomas Dunn. Senator DeAngelisz on -- on Senate Bill 432, do you wish this bill returned to the 2nd Reading for the purposes of an amendment? beg your pardon. Senator Dunn, on the Order of SenaEe Bills 3rd Reading: Senate 3ill 446: do you wish this bill returned to the Order of 2nd Reading?

No.

PRESIDING OFFICER: (SENATOR DDDYCZ) On the Order of Senate Bills 3rd Readlng, Senate Bill 446. Madam Secretary, read the bill.

Senate Bill 446. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn.

Thank you, Mr. President. I hope you're al1 aware What this bill does. This bill would create a Who's who involved in edueation, people Ehat represent taxpayers, and that body would come baek to us March af next year - next year. And they uould make a recommendatlon to us about what we ought to do about education in the State of Illinois. That group would be composed of the Director of *he Department of Revenue, the Superintendent of Education for the State, six school board superintendents appointed by the Governor, a11 of the teacher unions, two public members with expertise in school finance to be appointed by *he Governor, four supervisors of assessnent: four Members of *he Senate and the House, the Taxpayers' Federation of Illinois, the Farm Bureau, and just about anybody else you'd Want to name. That group would cone back to us wieh a susgestion in March of next 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16: 1995 year. We can aecept their recommendation, or we can reject it and come up uith our own. And weire going to have to do that, because December of '96 there would be no more use of property taxes in fundin: educakion in Illinois: unless ke adopted as part of their recommendation, our ownr that property taxes Would renain as a source of revenue for education. Now I'm not goin: to stand here and preach to you the problems in education; you a11 know what they are. happy to answer any questions that you may Wish to address at this time.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is: shall Senate -- Senator Maitland.

Thank you very much, Mr. President and Members -- Menbers of the Senate. rise in strong, strong opposition to Senate Bill 446, and I understand the purport of what is being asked here, and I -- I share a11 the frustrations. I've got battle scars on mer as have others, having dealt With this issue for -- for many years. And there are many proposals floating around this year to really come to grips with the school fundlng problem, with property tax reformy and -- and the discussion is -- is -- is -- is a1l over the place, talking about this lssue. But this absolutely is not the Way we want to go. I don't know how many of you have talked with our friends from Michigan and what they went through when -- when khey got into this battle a -- a year and a half or two years ago. And -- and franklyr they are not pleased Nith What they -- what they have come up with. -- resolved the problem: but they bavee as a portion of their fundlng structure now, a small - but indeed it is there a statewlde property tax, which a lot of people on this Ploor strongly oppose. The Governor, in his Budget Message this springy has suqgested that he ought to form a task force and bring all these proposals 23  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 together, put Ehem on the table and attempt to work Ehrough this very difflcult problen. Any one of usr as singular legislatorsz with our own special-tnterest plan, are no* going to get this job done. The Governor has chosen to take some leadership herey put people on a task force who really understand - and on the outside on the periphery of education - not just educatorsr but people on the outside looking in# to help resolve this problem. Senator Dunn, -- my fear is, ke really put school districtsr we really put taxpayers, we put a 1ot of people at rtsk if we move forward *1th a concept like thisz albeit you are attemptlng to resolve a problen, and I understand that. But let's do this the right way this time. Let's alloW the Governor's task forcez bipartisan as it kill be# to move forward and address this problem in a right and systematic way. and I urge opposition to Senake Bill 446.

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

Yes. Would the sponsor yield for a questicn?

PRESIDING OPFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Jacobs.

Senator Dunn: as I read the bill, after thls conmittee comes back and they have a resolve that we don't agree with, or even if we can't come up with an agreement, there's nothing ln this bill that would prohibit -- prohibit us to continue along our own merry way, if we make thak choice at that time. Is that correct?

PRESTDING OFFICER: (SENATOR DUDYCZ) Senator Dunn.

I khink that Would be correctr but I -- don'E want to mislead anybody. In December of '96 there Would be no levy for 24  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legiskative Day March 16, 1995 education on property taxes. We would -- if we passed this bill, we would then have to change that.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.

Well, it appears to me that that gives us sufficient time to do what is necessary, and if we can't :et it bundled properly, to still change the law and continue on the procedure We're on nok. I don't think this bill ls onerous. think shows good leadershipr and in fact, I Would like to join on as a cosponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discusslon? Senator Dlllard.

Thank youp Mr. President and Ladies and Gentlemen of the Senate. Would the sponsor yield for a question?

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

Senator Dunny if you prohibit a11 school districts locally from levying a property tax, are there not constitutional or legal problems with respect to bondholders who may have been pledged from thae revenue source, the local property tax, to have their bonds paid off locally?

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Dunn. SENATOR T . DUNNt Nc.

PRESIDING OFPICER: (SENATOR DDDYCZ) Senator Dillard.

Youlrg sure that khere's no problem at all locally, from a legal basisz if we Wipe this out? 25 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6# 1995 PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn. SENATOR T. DUNN: I'n confident we can cone up wlth a solution, Senator. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Berman. SENATOR BERMAN: Thank you, Mr. President. Ladies and Gentlemen of the Senater I thought Senator Dunn had an interesting approach here, and I match this with Senate Bill 1035, which is sponsored by Senator O'Malley, which dces -- addresses the other half of school funding. This says no more property tax levies after after a certatn date, July of -- December of '96, and I think Senator O'Malley's bill says no more school aid formula after January of '97, I believe -- July of 197. Thank you. I would just suggest to you -- and -- and Senator O 'Malley 's bill is out on the -- on the Calendar also. Senator Maitland and I and Senatcr Karpiel and -- and a number of other Menbers of this Body spent two years, along with Senator Collins and Senator Demuzlo and others - I mentioned Senator Maitland - and Senator Watson, were on the Task Force on School Finance for two years. 1991 and 1992. And we worked very hard. Everybody worked very hard on that. And we made a report. We introduced Senate Bill 38 in January of 1993, and nothing happened. Nothing happened. Nog, this approach -- and when I say ''this approach'', I mean Senate Bill 446 and Senate Bilt 1035 are, in effect, saying, nWe're going to set a deadline. We 're going to cut off property taxes. We're going to stop the school aid fornula. Legislature and Governor, get down to work and stop procrastinating, stop avoidin: the problem of the children who aren't getting an adequate education'', and that's eighty percent of our children tn Illtnoks. The only ones that are gettlng a decent education are those kids tha: go to suburban 26 I ê  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 schools that have property wealth and are able to afford the level i of funding Ehat their property taxes are -- are -- are generating. I . Now, I hate to do this approach. I think it's playlng Russian ! roulette, but I haven't seen anything - anythlng - that's a i responsiblealternative. SoIsuggestthatwesetourdeadline - 1 ! set our deadline. Vote for Senate Bill 446. Vote for Senate B111 1035. We Will create our deadlines and we will set a neW funding mechantsm for a11 the schools of Illinois. This says to us, ''Letss stop talking about it. Let's do it.'' That's our challenge. So far no one has taken up that challenge. I suggest that we al1 ought to respond to that challenge. Vote Yes on this. Vote Yes on the O'Malley bill. And then let's do the job that we dre elected to do.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discusslon? Senator Welch.

Thank you very muchr Mr. President. This is the first time I've ever heard a speech on the Floor of the Senate where an individual in one sentence compares a bill to Russian roulette and says f'Vote for it.' I just find this amazing. To think that we are going to ellminate real estate taxes and throw this open for two years hoping that something will happen magically to replace those and fund our schools is living in a drean world. I don't I like real estate tgxes. I'd love to vote to eliminate real estate taxes. I'd love to eliminate the income tax, the sales tax, the property Eaxr every tax you can think of. I'd like to vote for that. But that's not what I was elected to do, and it wouldn ft be responsible to do that. Several years ago we passed a bill saying ( we eliminate the school aid formula, and everybody here said, ! HYeah, we're going to do that and we 'll come up with a new formula.'' And, by Gody guess What happened? When the time came, we extended the deadline for that formula. And we said the next I 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 year, ''We'11 come up with a new school aid formula.'' And guess what? We didn't do it. We ended up eliminating the repeal of the school aid formula. And now we've got a bill eliminating the real estate tax for schools. What is goimg to replace it? Let's think beyond the easy vote to eliminate a real estate tax. What vote are you willing to cast to impose new taxes? Do you Want an eight-percent sales tax? Do you want to tax food and drugs? Do you want to tax medicine? How far are we goin: to go? Who do you think is going to pay the neW taxes to replace the real estate tax? Look who controls the majority in this Legislature. It won 't be the corporations. It Won't be the guys we 've bailed out for the last tWc months on a11 of these tort reform and fast-track bills. going to be the little guy. This is one more nail in the coffin of the common man, the :uy who's out there trying to make a buck. Theylre going tc pay the taxes. There is no simplp solution to this. This is a simple vote. And for every simple issue there is a difficult answer. just can't believe this bill has gotten as far as it has, and I can't believe the people Who have supported this. You can -- you can't elimlnate the real estate tax with nothing to replace it. This is the heiqht of irresponsibility, to do thls. Voting for thls without having an alternative mechanism to replace it makes no sense.

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

Thank you: Mr. President. I Would like to echo Senator Welch's comments. have enormous respect for the sponsor of this legislation, but believe that the portion of the bill that crashes the property tax system defines irresponslbility. How many of us teach even our children not to enter into somethinq, you know, from where they are right now, before they know what the consequences of those actions are? If We teach our children thatz 28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 aren't we obligated to at least do that cn the Senate Ploor of the Illinois General Assembly? Even the answer to Senator Dillard 's question about the constitutionality of this and a11 of the obligations that are out there belng supported by the real estate. Eaxes, as bad as they are, I'm -- the quote Was, ''Idm confident that wedll come up With a solutionp'' I don't think that thatls adequate for fifty-nine people in this Chamber to -- to vote for Ehis. And flnally, as Senator Weleh says, when Senator Berman stands up and describes this as Russian roulette, I would ask anyone uho's going Eo vote for this bill uhat the quality of the decisions are when you have a gun to your head. So, I would urge a Nc vote.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. didn't serve on any of the task forces that Senator Berman referred to, but I I do know that back in my district, when I - - when talk to my neighbors and those constituents that are concerned about these issues, as education and taxesy itfs an overwhelmlng opinion that there has to be some other mechanisn for funding education other than real estate taxes. I think thls bill would force us to come up with some kind of alternate funding mechanisms to fund education. We can 't keep going back to the same source. We can't go back to those people that are being taxed ou* of their homes to support systems that continually come up with deficits. We have to come up With something that is going to correct those inadequacies. Z think Eha: Ehis is a bl1l khae ke should support. We've supported other measures. We 've supported the tax caps issues. We supported ehe voucher issues. We 've supported some -- some tssues here that are -- are innovative, creative and maybe not all that correct to some, but 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 to others a direction that we should be going in, as far as trying to do something about taxes, real estate taxes in particulary and at the sane timer doing sonething creative with education. So I would susgestr Mr. Presiden: and Ladies and Genklemen, that We do support this concept. PRESIDING OFFICER) (SENATOR DUDYCZ) Any further discussion? Senator Burzynski.

Thank youz Mr. President. Just a few comments. First of all, I don't speak very often on too many bills in the -- in the Senate or on the Senate Floor, but those of you that know me know that I've been a strong advocate for ehanging how we fund education, since the early eighkies and khe mid eighties, working with the Farm Bureau organization supporting programs like CHIEF, changlng hoW we fund Illinois education. But I really do think that this bill is not a responsible action. And I can tell your I have *wo kids in the public school system in doknstate Illinois. I think they're receiving a quality education. Am I happy with the way that we fund education? No, I'm not happy With that. Not at all. And don't think anyone on the Senate Floor is happy with that. But I can also tell you the problem is not finding more money; it's the distribution of those funds. And that's what frightens many of us as downstaters, is how those funds Will be redistributed as we look at a fair and equitable school Eunding fornula throughout the State. It's been talked abouty this is Russian rouletteg and certalnly Senator Welch and I don't always agree, but I think he's hit the nail on the head here today. And , Pat, I have to commend you for that, and -- when We talk about that. And we talk about responsible alternatives. Wellr if there are no responsible alternakives, then I Nould suggest this is an irresponsible alternative. Would urse a No vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 Any further discussion? Senator Jones.

Yeah. Thank you, Mr. President. I rise in support of Senate Bill 446. A11 the years I've been here in Springfield and a1l the issues that have been discussed as it relate to education and all the issues as it relate to property tax - caps, for example, which this Body passed and has been signed into 1aw by the Governor and look at the Calendar, and I see a1l those bills ln there that are exemptions fron the property tax cap . We talk about property tax continue to risey how senior citlzens on fixed income -- we put in a -- a five-percent growthr or whatever the -- the price of the cost of living indexz whatever -- whiehever is lower. We put a11 those things in# but We still recognize one faet: That -- the inequity of funding education in Illinois, Where some students may have twelve to thirteen thousand dollars for their educational needs and in some areas you may only have three thousand dollars. So we're going to grab the bull by the horn and do the job -- and I recally Senator Berman, a11 those conmissions and hearings and recommendations that came down to fund education, but no one is really no one is Willing to sit down and pass the necessary leglslation to really do the job. There nothing khis bill that Would prohibit the commission that is formed from a1l sectors of our society this State to come up with recommendations. They may recommend that the property tax be extended. They may do that. But they also may recommend that we should shife ehe burden from the senior ci*izens Lf the State of Illinois and shift to income and quit penalizinq our senior citizens. Bu* we can play games with the property taz. But if you are sincere as you are, on the other side of the aisle in particularr when you stood up on those Eax eaps and talk about Ehe people Who are paying these heavy burdens, especially those suburbia Cook County, then you Would support 31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 this bill and you Would krust those individuals Who would be appointed to that to do the job, to take the burden off of the property tax owners <sic> and come up with a reccmmendatlon - a fair and equitable recommendation - for the children of the State of Illinois. And I urqe support for Senate Bill 446.

PRESIDING OFEICER: (SENATOR DUDYCZ) Any furEher discusston? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. I rise in reluctant support of this bill, because I see this b111 as -- as being a no-confidence vote: a no confidence in the Legislature of Illinois and no confidence in the Governor. It's a no-confidence vote in the sense that it says that we have failed to deal 11th one of the most serious problems in the State of Illinois. As a member of the School Finance Task Forcer a task force chaired by Senator Maitland and Senator Berman, I thought that we were going to finally come up with a -- with a plan With bipartisan support khat would allow us to move forward. The plan -- the ideas were put forth, but they were rejected. They were not acted upon by this Body. NoW We're setting up another task force. And how long is that going to take? It's going to take years, and whatever that task force comes up with will probably be rejected. So I think that this bill says, 'Heyw guys, you're not doing the job. Welre going to have to force ycu to take actionv'' And therefore, it's time that we do Ehis so that We could get moving. Thank you.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? senator Collins.

Thank you, Mr. President and Members of the Senate. rise -- and I qugss ke don't have on this side of -- of the Chambers -- of the Senate ratherz the opportuniey to explain our voke. But I'm going Eo explain mine. Senator Berman was right when he said this  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6r 1995 is Russian roulette. And 1et me tell you something: I do not doubt the confident Ksic> of the people Eha: -- Ehat you bve signed that wtll be included on this task force to come up with some viable solueions to funding education. That is not my problem . But I do have some real problems w1th the eonfident <sic> of this Body to to -- to enact those recommendations into law. And I can only deal with that by experlenee. As Senator Berman and others have said, khat wedve already had task force that Worked, think, with some of the best minds in this State to come up With solutionse and we didn't enact those solutions. But I'm worried because ke have a problem right now wtth what are We going to do about Medicaid deficit. Is there solutions for that? No. And if and when this bill -- I mean, the deadline come for getting rid of Ehe property taxês: of which I am absolutely in favcr of, have been, have campaigned on ever since I ran for office and even before. I am for property taxes, but 1et me tell you somekhing : am not willlng to trust the future of our children in the hands of this Body or this administration to make a decision as to What we're going to do when there's nothing left. That's the problem . voting Present.

PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? If not, Senator Dunn' Eo close.

Thank your Mr. President. Well it's -- it's pretty clear here, I think, today, where the interests lie, and I'm afraid some of the tnterests lie in self-interest, as SenaEor Welch poinEgd out. The -- the debate proves exactly why we have no solution, because everyone's protecting their turf and no one's interested in the biq picture. You know, in Michigan there was an initiation like this, and ehey changed the fundlng of education from a dismal thirty-three percent - close Illinois to seventy-nine percent. Is that a bad result? Was it a bad result to let the 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28*h Legislative Day March l6, 1995 citizens of Michigan decide how they wanted to correet the problem of funding of education? Is it our philosophy that we donlt trust the people to make the declsion? Is it our philosophy that we don 't have the courage to disclpline ourselves? If you sat in Congressr Would you have voted to amend the Constitution last week? Sure you would have. You kould have disciplined yourself because they are an undisciplined Body. And sad to sayz in the issue of education, were a string of broken promises to property taxpayers, to children, to the poor and to our own districts. And, yesr you can flnd fault with this blll, just like any bill. If you're looking for an excusey we can a11 find one on any bill. I've learned that lesson here. This is a bill that puts the hands of responsible people to make a recommendatian to us. They can make five recommendations to us. They can make ten recommendations to us. Theypre not bound or limited by anything. And if we don't like it, we can counteract that by rejecting and passing our own. urge an Aye vote in behalf of the taxpayers and the children.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 446 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted Who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that questiony there are 21 Ayes# 22 Nays and 9 voting Plesent. And Senate Bill 446, havin: noE recelved the required constitutional majority, is declared failed. senaee Bill 449. Senator Woodyard. Madam Secretary, read the bill.

Senate Bill 449. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) 34  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6# 1995 Senator Woodyard.

Thank you, Mr. President, Members of the Senate. This -- this bill Was recommended by the Illinois Parm Development Authorlty and makes changes in a couple or three areas. One, the first one is just a technieal correction on changing their reporting fron a fiscal year to a calendar year. The second provision would allow the debt to asset ratio on people who are entitled or enrolled in the program on the lcan guarantee to be reduced somewhatg providing that person is in the program . The other provision would eliminate the cap - the two-hundred-and-fifty-thousand-dollar net worth cap and the Department feels that this will also improve entry into the program. know of no opposition to this bill and uould ask for its favorable aceeptance.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? notr the question is, shall Senate Bill 449 pass. Those in favor will vote Aye. Opposed will vote Nay . The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. And Senate Bill 449, having received the required constitutional majority, is deglared passed. Senate Bill 451. Senator Hawkinson. Madan Secrqtary, read the bill.

senate Bil1 451. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson.

Thank you, Mr. PresidenE. This bill came out of the Ag 35  STAYE dF ILLik6ij 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 28th Legislative Day Mareh l6, 1995 Conmittee and it's an initiative of the Department of Conservation that they may develop firearms training prograns, charge fees and deposit them in the Wildlife and Fish Fund. It really is is not .an effort to change any current practices within the Department, but comes as a result of Audit Commission recommendations. They attempted to change this lase year and apparently changed the Wrong -- the wrong Section of *he Statute. I'd be happy to try and answer any questions. Otherwisee ask for a favorable vote.

PRESIDING OPFICER: (SENATOR DUDYCZ) Is there any discussion? If not: the question is, shall Senate Bill 451 pass. Those in favor will vote Aye. Opposed will vote Nay. And the votin: is open. Rave all voted who Wish? Have a11 voted who wish? Have all voted who Wish? Take the record. On thak question, there are 55 Ayes, no Nays, and none voting Present. And Senate Bill 451, having received khe requlred constitutlonal majority, is declared passed. Senate Bill 452. Senator Donahue. Madam Secretaryr read the bill.

Senate Bill 452. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahuq.

Well, thank you, Mr. President and Ladies and Centlemen of the Senate. Senate Bill 452 is really a -- a very important piece o: legislatlon. 1992, the federal government passed the Mammography Quality Standards Act, and it kind of told the FDA to promulgate rules and regulations regarding these the inspections and such of these Eypes of facilities. We feel that in the State of Illinois, under the Department of Nuclear Safety, 36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 we can do it betterr and we can do it cheaper. and we can do it quicker. And I think a11 of those of you that know of the breast cancer situation and how important mammography is, you should support this leglslation. And I will answer any questions. I -- I have actually some very interesting plctures and thinqs that can show how this works, but I Would just sinply ask your support and would be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the questlon is, shall Senate Bill 452 pass. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have al1 voted Who Wish? Have a11 voted who wish? Have all voted Who wish? Take the reeord. On that question, there are 56 Ayes, nc Nays, none voting Present. And Senate Bill 452, havin: received the required constitutional majority, is declared passed. Senate Bill 453. Senator Rauschenberger. Madam Secretary, read the bill.

Senate Bill 453. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

This -- this bill is a cleanup of our Group Insurance Act to allow an adopted child or a child Who is in the custody of State employees to be considered under our group insurance plan, even though his parents may be alive and not declared unfit. We have cases where StaEe employees are *he adoptivê parents or the guardians of a child and cannot enroll them on our group health insurance plan because their parent -- the parents of the ehild have not either passed away or been declared unfit by a court. It's a teehnical correchion. brings this in compliance With  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 federal lau. It's a -- a just bill. Appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senake Bill 453 pass. Those ln favor will vote Aye. Opposed will vote Nay. And the voting is open. Save all voted who wish? Save all voted who wish? Have a11 voted who uish? Take the record. On that question, there are 56 Ayesy no Nays, none voting Present. And Senate Bill 453, having received the required constitutional majority, is declared passed. Senate Bill 455. Senator Sieben. Madam Secretaryr read the blll.

Senate Bill 455. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DDDYCZ) Senator Sieben.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This legislation amends the Urban Foreskry Assistance Act. It's requested by the Deparkment of Conservation and would expand the program to allow unlts of local government, rather than just municipalities, ko apply for financial assistance and technical #sslstance in issues of urban forestry. And I'd ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the questlan is, shall Senate Bill 455 pass. Those in favor will vote Aye. Opposed uill vote Nay. And the voting is open. Have a11 voted Who wish? Have al1 voted who wish? Have all voted who wish? Take the record . 0n that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 455, having received the required constitutional 38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 majority, is declared passed. Senate Bill 457. Senator Geo-Karis. Senate Bill 465. Senator Maitland . Senate Bill 476. Senator Sieben. Senate Bill 477. Senakor Karpiel. Madam Secretary, read the bill.

Senate Bill 477. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel.

Thank -- thank you, Mr. President. Senate Bill 477 amends the Downstate Forest Preserve Distrlct and allows counties of under four hundred thousand population with forest preserve districts to sell land Which is less than one acre. The board has to approve the land sale by unanimous vote and the land must have been appraised Within a year before the sale date. Net proceeds must be used only for future land acquisitions. This is a bill coning from the Kane County Forest Preserve District, and it simply allows them to buy back some very -- or raEher to sell some very small parcels of land that had previously been purchased by the district.

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

Wil1 the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she Will yield. Senator Hawkinson.

Senator, is there any limit on how many one-acre parcels can be sold? In other words, theoretically, could Ehey subdivide the entire forest preserve district and -- and sell them an acre at a 39  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16y 1995 time? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel. SENATOR KARPIEL: don't think -- no . There -- as far as I know mean, in the bill there is no -- I don't think there's a -- a limit. But khis isn't Eo subdivide other pieces of property into little pieces so they can sell them. I mean, they either own parcels that are larger than one acre, or they dontt. I mean, the limlt .@ is one acre. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson. SENATOR HAWRINSON: Are they prohibited from subdividing a parcel? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel. SENATOR KARPIEL: don't believe that's in the -- written into the legislation. That was never really envisioned, so -- but thak.... PRESIDING OFFICER: (SENATOR DDDYCZ) Is there any further discussion? not: the question shall Senate Bill 477 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have al1 voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that questions there are 53 Ayesr l Nay, and voting Present. And Senate Bill 477, having received the required constitutional majority, is declared passed. Senate Bill 528. Senator DeAngelis. Madam Secretary, read the bill. ACTING SECRETARX HAWKER: Senate Bil1 528. (SecreEary reads title of bill) 3rd Reading of the bill. 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SZNATE TRANSCRIPT 28th Legislative Day March 16e 1995

PRESIDJNG OFFTCER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Under eurrent law, if you are a charitable institution or a not-for-profit and you buy computer and communicaticns equipment, you do not pay a sales tax; however, if you lease it, you do. This bill says you will not pay a sales tax when you lease and two conditions have to be met: one, you nust lease fcr at least a year; secondly, if you resell it to a taxable entity -- entityy you have to pay the tax.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? note the question isr shall Senate Bill 528 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, there are 51 Ayes, no Nays, and 3 voting Present. And Senate Bill 528, having received the required constitutional majority, is declared passed. Senate Bill 535. Senator Petka. Madam Secretaryr read the bill.

Senate Bill 535. tsecretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka.

Thank you very much , Mr. Presldent and Members of the General Assembly -- Members of the Senate. Senate Bill 535 would place into the School Code a provision which would permit loeal school districts to exempt those who are in an army ROTC program frcm participating in PE classes. In JolieE Township, in the high schools, vhich school district is shared by Senator Dunn and 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Leglslatkve Day March l6y 1995 myself, it has been the custom for over seventy years to permit this type of an exemption. Recently the Will County Regional Superintendent of Instructlon, who is a lame duck, told the school dlstrict that they were in violation of State lawe that exemption could not be granted. We believe that because of the demanding physical nature of ROTC training, that -- that there is a rational basis for the exemption from gym . Thts bill seeks to place that exemption into State law . And, Mr. Presidenty 1611 answer -- entertain any questions.

PRESIDING OFFICER: (SENATOR DDDYCZ) Is there any discussion? If not, the question is, shall Senate B11l 535 pass. Those in favor will vote Aye. Oppcsed Will vote Nay. And the voting is open. Have all voted who wish? Have a1l voted Who wish? Have a1l voted Who wlsh? Take the record. On that question, there are 54 Ayes, no Nays and none voting Present. And Senate Bill 535, having received the required constltutional majority, is declared passed. Senate Bill 542. Senator Wakson. Senate Bill 560. Senator Hasara. Madam Secretary, read the bill.

Senate Bill 560. (Secretary reads tltle of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hasara .

Thank you: Mr. President. Senate Bill 560 adds the Korean War Memorial Eo the sites under the jurisdiction of the Department of Hlstoric Preservatian. It sits right across fron the Vietnam Memorial, Which is already under that Department. I would ask for a favorable roll call.

PRESIDING OPFICER: (SENATOR DUDYCZ) 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislakive Day March 16, 1995 Is there any discussion? If nots the questlon is: shall Senate Bi11 560 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all 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, none voting Present. And Senate Bill 560, having received the required constitutional majority, is declared passed. Senate Bill 561. Senator Hasara. Madam Secretary, read the bill.

Senate B11l 561. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Hasara.

Thank you, Mr. President. Senate Bill 56l changes the requirement from using headllghts from a half hour after sunset to sunset. I might add that this piece of legislation came to me from a constituent, Who happens to be in the gallery, as the result of a very unfortunate accident where a local younî man was killed, and ls felt that -- in fact, I was surprised to find that in Illinois you do not have to turn your headlights on till a half hour after sunset. I have researched other states and nany of them have sunset as the time that the headlights should go on. see this as a good safety bill. seems to nake a lot of common sense, and I think it's also interesting because iE poin*s out that an average citizen can write a letter and see good chanqe in our Statute. would be glad to answer any questions, would ask for a favorable roll call.

PRESIDING OFEICER: (SENATOR DUDYCZ) Is Ehere any discussion? Senator Jacobs.

43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 Thank youp Madam Chairman -- mean, Mr. Chairman -- Mr. President and Ladles and Gentlemen of the Senate. When tbis bill was ln committee, I had some reservations on it. I still have some reservations. As we indicated at that time, and we do thank Senator Hasara for sending us the informaticn which clearly shows that a good number of states still have the leeway of a half hour afEer sunset. The problem have is, agaln, there is no true definition of sunrise-sunset. And I think that ko say that at sunrise you -- at sunset you have to turn your lights on, when is sunset? And I think the half-hour leeway makes sense. I understand the problem that existed. not sure, under the circumstances, as I said in committeey whether those lights being on at that time would have made a difference or not. It's still unknown. But yet, at the same time, it ls just almost impossible to determine for sure what is sunset. And I think to leave that ko the discretion, if you will, of -- of an investigating officer is -- is a little bit inane, and I think the half-hour leeway made sense. I think we should keep the 1aw as it is, and I urge a No vote.

PRESIDING OFEICER: (SENATOR DUDYCZ) Is there any further discussion? If not' Senator Hasara, to close.

Thank you, Mr. President. It is definitely true that the time the sun setsz that you can see anyway, is nebulous; however, conEend you can't *ell when sunset is, you can't tell When thirty minutes after that is either. I see this as a good safety bill. I will tell you thaE legally Ehe Eime used is the time thatfs published in the paper every day. So if you -- if you want to make it thirty minutes after that, that would be the legal requirement. But why would we do that when there is such a safety factor, as unfortunately we saw in Springfield las: fall? would 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislatkve Day March 1995 very much appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 56l pass. Those in favor Will vote Aye. Opposed wlll vote Nay. And the voting is open. Have all voted who wish? Have all voted who Wish? Have all voted who wish? Take the record. On that question, there are 39 Ayesr 12 Nays, none voting Present. And Senate Bill 561, having received the required constitutional majorityy is declared passed. On the top of page 10 cf your regular Calendar, on the Order of Senate Bills 3rd Reading, Senate Bill 566. Senator Geo-Karis. Madam Secretary, read the bill.

Senate Bi11 566. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Geo-Earis.

Mr. Presldent and Ladies and Gentlenen of the Senate, this bill simply requires the assessor or chief county assessment officer in a11 counties to notify a11 property taxpayers Who qualify for the senior homestead exemption that they also may qualify for property tax deferral pursuant to Ehe Senior Ci*izens Real Estate Tax Deferral Act. And I ask for favorable conslderatlon. Lo* of the...

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? not, *he question is, shall Senate Bill 566 pass. Those in favor will vote Aye. Opposed will Mote Nay. And the voting is open. Have al1 voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take *he record. On that question, there are 51 Ayes, no Nays, none voting Present. And Senate Bill 566, having received the required constitutional 45  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 majority, is declared passed. Senate Bill 567. Senator Weaver. Madam Secretarys read the bill.

Senate Bill 567. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.

Thank you, Mr. President and Members of the Senate. Senate Bill 567 Would create the Economic Development Project Act Ksic>r and the efforts of this bill are to try to redevelop closed military installations here in Illinols. There are several communities that are -- that -- the bases have been closed, and the municipalieies surrounding the base are trying to redevelop and -- and reuse these facilities for the betterment and to replace jobs lost through military closure. gives the municipalities certain powers to lease, to sell, acquire, improve infrastructure, to use the revenues from the sale or lease of these facilities to make these imprcvements in khe bases, maintain streets, sanitary lines, drainaçe, waterr et cetera. It's an effort to belp communities who've gone through huge losses of employment due to the closure. And if any one has any questions, 1111 try to -- try to answer them. It would affeet several -- bases ln Illinois, and there are efforts going on by the communities to try to redevelop and recreate jobs the area.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question ts, shall Senate Bill 567 pass. Those in favor Will vote Aye. Opposed W111 vote Nay. And the voting is open. Have a1l voted who wish? Have all voEed who wish? Have al1 voted Who Wish? Take the record. On that question, there are 52 Ayes, 1 Nay and l voting Present. 46  STAQE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 And senate Bill 567, having received the required constitutional majority, is deelared passed. Senate Bill 573. Senaeor Maitland. Senator Maitland. Senate Bill Senate Btll 587. Senator DeAngells. 587. Madam Secrekary: read the bill.

Senate Bill 587. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: This is a bill that Was requested by the nev Comptroller. It's movin: us more inko *he tkentieth century. It allows you to electronically send in your bills to the Comptroller's Office.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any disaussion? Senator Weleh.

I have a question of the sponsor.

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

Senator DeAngelisr whatfs Ehe cost of this?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Overall iE will save money. I'm not so sure you need any additional equlpment. It reduces the cost of a voueher from about fifty-four cents to twenty-one cents.

PRESIDING OPFICER: (SENATOR DUDYCZ) Senaeor Welcb.

So how nuch money is this going to save the State of Illinois? 47  STATE OF ILLINOTS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator DeAngelis. SENATOR DeANGZLIS: I don't know, but I can tell you, if it saves money at allr vote Yes. Even if it's a dollar. And know ik's more than a dollar.

PRESIDING OEFICER: (SENATOR DUDYCZ) Senator Welch.

wanted to know 'cause I wanted to spend the money we were saving . That's why I asked the question.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discusslon? If not, the question is: shall Senate Bill 587 pass. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have a11 voted who wish? Have a1l voted who Wish? Have al1 voted who wish? Take the record . On ehat queskion, there are 55 Ayesr no Nays and none votlng Present. And Senate Bill 587, having received the required constitutional najority, is declared passed. Senake Bill 598. Senator Maitland. Senate 3il1 604. Senator Fawell. Madam Secretary, read the bill. END OF TAPE TAPE 2 ACTING SECRETARY HAWKER ; Senate Bill 604. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 Senator Fawell.

Thank you very much. This is a bill for the Girl Scouts of Dupage County. They oWn a -- a camp there called Camp .Greenwood . On that camp is a security guard cabin. The person Who is hired by the Girl Scouts are required to live in that cabiny so that he can guard the propertyy partlcularly when the Girl Seouts aren't there. This Would take that cabin off of the -- off the tax rolls; otherwise, it requires an awful 1ot of cookies to pay the real estate tax. That's al1 does.

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

Thank you: Mr. President. just Wanted to point out, We certainly al1 voted for this in committee, but I think there's a certain irony to this, that this is passed about a shed one shed - for the Girl Scouts. And I think lt points out once again Why we need to do sone serious analysis of our -- our taxing system the State of Illinols. And We had a a resolution in Revenue today; so hope when that comes to the Floor, we will take that seriously.

PRESIDING OFPICER: (SENATOR DUDYCZ) Any further discusslon? Senator Shaw.

Wil1 the sponsar yield?

PRESIDING OFPICER: (SENATOR DUDYCZ) Sponsor tndicates she Will yield. Senator Shaw.

Senator, hoW many of these types of camps the State of Illtnois?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell. 49 1 ! I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Leglslative Day March 16, 1995

not sure, but I -- I know khere are a couple others. And by the wayr this is not a shed; this is -- this ls a -- khen I eall it a cabin, that's because that's what it looks like, but it's -- it's a living quarters for the -- for the...

PRESIDING OFFICER: (SCNATOR DUDYCZ) Senator Shaw.

The -- this -- does this affect the entlre State of Illinois, Where these other cabtns that youdre talking about that the Girl Scouts' organization own, would this affect the others ln the -- in khe State?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell.

No .

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Shaw.

Well. Why are We just doing for jusE this one? Don't ke kant to help all of the Girl Scouts in Illinois?

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Fawell.

Senator, ue have passed similar legislation out of this Senate on three dtfferent occasions, and I included all the other Girl Scouts. Unfortunately, you have a colleague by the name oc Representative Currie who managed to kill it every single yeare and I finally gave up and said, fine, wefll do it just for the County of Dupage, then. Now, if you want Eo talk to your colleague aver there and tell her to add the rest of the Girl Scout camps, I have no problemr but 9ot a little tired of trying 50  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 1995 to pass this and have her kill it.

PRESIDING OFFICER: (SENATOR DDDYCZ) Senator Shaw .

The -- certainlyz I Want to comnend you on your effort here, but certainly I would enjoy seêlng the other -- and I will talk to Represenkative Currie over on the other side of the Rotunda, in reference to adding the other such camps to this bill here. And you would have no objection, is that what youdre saying?

PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Fawell.

Wellr as said, you know, I -- being a former Girl Scout leader myself, donft have any problem With the other camps joining us, but I -- you know, I just want to get this darn thing done. I'n frankly tired of -- of having the Girl Scouts come to me every single year and ask me to do this for them.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Shaw .

I've never been a Girl Scout, but I still would -- would hope that you would support -- would support our efforts on the other side of the Rotundaz we can talk to Senator -- Representative Currie. Thank you.

PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussian? Senabor Welch.

I have a question of the sponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor tndicates she will yield. Senator Welch.

Senator Fawelly part of Ehis property that is being quarded is  I ' . STATE OF ILLINOIS 1 89TH GENERAL ASSEMBLY I REGULAR SESSION ! SENATE TRANSCRIPT I 28th Legislative Day March 16' 1995 tax-exempt, is my understanding. The park that isn't tax-exempt is a building ehat houses Girl Scout cookies. Now, you're asking for an exemptton for the house because the guard lives there and he's guarding Girl Scout cookies? Is that Wbat the bill is? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell. SENATOR FAWELL) I -- I guess this is going to be my reelectlon bill. This -- they -- they -- they finally convinced the courts to at least take a couple of rooms offy because they store Girl Scout cookies in a - - in a couple of the extra rooms. The -- the thing they've never been able ta do is make them understand part of the requirement to hire this man ts he must live - it's about a hundred to a hundred and twenty-five acres - be must live on that property, because they have cabins that have been built, frankly, in forner years, mostly by the fathers of the Girl Scouts, and theytve got tent sites. And they 're concerned about vandalism. So it is a requirement that this person live in that particular house in order to have the job, and that's what we're trying to do. Yes, there's a couple of rooms where they store the Girl Scout cookies. PRESIDING OEFICER: (SENATOR DUDYCZ) Senator Welch. SENATOR WELCH: Well, is -- is he paid by getting to eat as many cookles as he Wants, or hoW does that Work? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator FaWell. SENATOR FAWELL: .e. tnicrophone cutofflm..noticed there's been -- a feW missing occasionally. PRESIDING OFFICER: (SENATOR DUDYCZ) Any fureher discussion? Senator Geo-Karis. 52 ; I 1 !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16r 1995

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates she will yield . Senator Geo-Karis.

Senator Fawellr the custodian doesn 't get any money to store the cookies, does he?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell.

No, that's part of his requirement too.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Raris.

Mr. President and Ladies and Gentlemen of the Senate, first of all, that custodian is needed to be on the premises; we al1 know that. And I think it's silly for us to deny an exemption when the cause is very worthwhile. To answer to my colleague on the other sides haven 't been a Boy Seout either. But the point is, the Boy Scout and the Girl Scout movements are very good movements. We should encourage them, not try to detract fron them, and therefore I speak in favor of the bill.

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

Thank you, Mr. Presldent, Members of Ehe Senate. Senatory -- I don't think this would -- no longer -- I don't think this is needed anymore, because you may recall, the Governor just last week signed the the tort reform bill. Rememberr one of the main reasons why we passed the tort reform bl11 was to save on the eost of Girl Scout cookies. So, I think noW that We're going to save all this money on Girl Scout cookiesy they can afford to pay 53  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 the property taxes with the money they 're going to save from the tort reform bill.

PRESJDTNG OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Fawell, to close.

Thank you very much. Senator Cullerton. 1'11 tell your nieces when they 're on the Greenwaod property as Girl Scouts that they can just sell a few more cookies. A11 I ask is for a favorable vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 604 pass. Those favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who wish? Have a11 voted Who wish? Have all voted uho kish? Take the record. On that question, there are 52 Ayesy no Nays, and voting Present. And Senate Bill 604, having received the required constitutional majorityr is declared passed. Senate Bill 615. Senator DeAngelis. Madam Secretary, read the bill.

Senate Bill 615. (Secretary reads title of bl11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. Presldent. Senate Bill 615 does exacEly uhat it says. It repeals the Merit Advlsory Board of the State CompEroller's Office. This is a board whose membership currently is unknown, whose purpose is equally as unknown, and whose neetings are never held . So I would suggest that we get rid of whae ls not happening.

PRESIDING OFFICER: (SENATOR DUDYCZ) 54  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 Is there any discussion? If not, the question is, shall Senate 3i11 615 pass. Those in favor will vote Aye. Opposed vote Nay. And the voting is open. Have a11 voted who wish? Have a1l voted who wish? Have all vo.ted Who wish? Take the record. On that questionr Ehere are 54 Ayesr no Nays, none voting Present. And Senate Bill 615, having received the required constitutional majorityr is declared passed. Senate Bill 629. Senator O'Malley. Senate Bill 682. Senator Maitland. Senate Bill 779. Senator Palmer. Madam Secretary: read the bill.

senate Bill 779. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DDDYCZ) Senator Palmer.

Thank you, Mr. President. Under the Family Practice Residency Acty medical students are given scholarships if they agree to serve in designated shortage areas ln the rural and urban areas. And what this bill does is just to increase the penalties for those who choose not to carry out their obligation, by giving them a period of tlme to repay it and setting an interesE rate on the noney that they would owe. And I'd ask for a favorable vote.

PRESIDING OFPICER: (SENATOR DDDYCZ) Is there any discussion? If not, the question is, shall Senate Bill ?79 pass. Those in favor will vote Aye. Opposed uill vote Nay. And the voting is open. Havê all voted who wish? Have a1l voted who wish? Have al1 voted who vish? Take the record. On that question, there are 54 Ayes, no Naysy none voting Presenk. And Senate Bill 779, having received the required constitutional majority, is declared passed. Senate Bill 851. Senator Klemm. Madam Secretary, read the bill. 55  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Leglslatlve Day March 16r 1995

Senate Bill 851. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Klenm .

Thank you, Mr. President. Senate Bill 851 is Ehe result of a special wildllfe rehabllitakion task forge that met last year, to try to -- they were concerned about the welfare of wildlife, and they came up With suggestions to allow the Department of Conservation to set forth regulations to govern the qualifications and facilities of Wildlife rehabilitators. And they also wanted language that Would allow the Departnent, under their permitting procedure, to allow private educakional organizations to possess wildlife, and ik expands the existing law. And I know of no opposition, and I ask for your support.

PRESIDING OPFICER: (SENATOR DUDYCZ) Is there any discussion? If not, *he question is, shall Senate Bill 85l pass. Those in favor Will vote Aye. Opposed Will vote Nay. And the voting is open. Have al1 voted who wish? Have al1 voted who wish? Have all vcted who vish? Take the record. On that question, there are 52 Ayes, 3 Naysr none vokin: Present. And Senate Bill 851, having received khe required constitutional majority, is declared passed. Now, if you turn your Calendars to page 6, to the beginninq of SenaEe Bills 3rd Readlng, we shall begin Nith Senate Bill 2l. Senator Butler. Senate Bill Senator Woodyard. Madam Secretary, read the bill. ACTTNG SECRETARV HAWMERJ Senate Bill 43. (fecretary reads Eitle af bill) 3rd Reading of the bill. 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative ;ay March l6, 1995

PRCSIDING OFFICER: (SENATOR DUDVCZ) Senator Woodyard.

Thank you, Mr. Ptesident and Menbers of the Senate. This is the bee bill, and it does basically two things. It streamlines the administrative hearing process and -- and certainly makes it a shorter and cleaner than what has been. These administrative hearings deal With people that transport bees, for the most part, in and out of the borders of the State of Illinois on -- fron Texas tö Canada. And one of the problems that theyfve encountered is that some of these bees are carrying the sporadic mite' as well as other diseases, and also at times werve even gotten Africanized bees. This allows the Department to expedite those hearings in a much qutcker manner. Also, the second provision in this, we took it back to committee, put this amendment on that was a result of an article in a newspaper, quoting the Audltor General about the honeybee Commission that Was formed thirty years ago and has not had one meeting. It has no menbers appointed to it, and it has no appropriations. And so Ehis repeals the honeybee Commission, with the consent of the Department of Agriculture and the honeybee Association. That's what the bl1l does. I'd appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Sênate Bill 43 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting ls open. Havg a11 voted Who Wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. And Senake Bill 43r having received the required constitutional majorlEy, is declared passed. Senate Bill 50. Senator Maitland. Senate Bill 74. Senator Lauzen. Madam Seeretaryr read *he bill.

57  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislakive Day March 16, 1995 Senate B111 74. (Secretary reads title of bill) 3rd Readlng of the bill. PRESIDING OFFICERT. (SENATOR DUDYCZ) Senator Lauzen.

Thank you, Mr. Chairman. Senate Bill 74 amends the Private Employment Agency Act to exempt fron the seope of the Ac* a11 consultants and recruiters Who are compensated slowly solely by employers. The State Wi11 continue to regulate transaction where the fees are paid by individuals as employees. be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 74 pass. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have al1 voted who eish? Have all voted who wish? Have a1l voked kho kish? Take the record. On that question, there are 53 Ayes, l Nay, and none voting Present. And Senate Bill 74, having received the required constltuticnal majority, is declared passed. Senate Bill 78. Senator Rauschenberger. Senate Bill 80. Senator Raica. Senate Bill 83. Senator Sieben. On the top of page 7: Senate Bills on the Order of 3rd Reading, Senate Bill 86. Senator Fawell, do you wish this b1l1 returned to the Order of 2pd Reading for the purposes, of an amendment? Senator Eawell seeks leave of the Body to return Senate Bill 86 to the Order of 2nd Reading for the purpose of an amendment. Hearlng no objection, leave is granted. On the Order of 2nd Reading is Senate Bi11 86. Madam Secretary, are there any Floor amendments approved for consideratlon?

Floor Amendmen: No. 1, offered by Senator Fawell.

PRESIDING OFFICER: (SENATOR DUDYCZ) 58  STATD OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SCSSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 Senator Fawell.

Thank you very much. This is merely puttlng back the Chlcago Police Department to look at the -- to -- or on the fingerprinting.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, a11 those in favor say Aye. Opposedy Nay. The Ayes have it. Senator -- you didn't have your light on. Senator Shaw.

Thank ycu, Mr. President. Would -- would the sponsor explain that again. I didndt quite hear what she said . It sounded like when was in the House; they did a mumbling job over in the House, buk I know she wouldndt do that.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell.

No. I'm I'm sorry. This is -- this is for the adoptive parents, and We were just trying to eliminater under the bill: having to go through the PBI twice, one under the INS and the other one under FBI, and -- and presently under the present law , it also requires that thosg fingerprints be run through the Illinois Police Department. We 're putting the Illinois Police Department back in.

PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? If not, all those in favorr say Aye. Opposedy Nay. The Ayes have it. And the amendment is adopted . Are there any other further amendments approved for consideration?

No further anendments reported.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 92. Senator Lauzen. Madam 59  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 Secretaryr read the bill.

Senate Bill 92. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen.

Thank you, Mr. President. Senate Bill 92 anends the Property Tax Code to direct the Departnent of Revenue to publish a11 adninistrative decisions and advisory memorandum on property tax exemptionsr along with a topical index. also, in amendmenty allows commercial enterprlses access to information under the Freedom of Information Act, and the exact wording on that is that ''Access to information shall not be denied, hcweverr merely because the applicane is a commercial enterprisee'' And it expands the definition of accessible public records to include the pleadings and records that are the basis of those decisions, and we've limited how far the Department and people have to go back, to January 1st of 1990.

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

have a question of the sponsor.

PRESIDING OFEICER: (SENATOR DUDYCZ) Sponsor indicakes he will yield. Senator Welch .

Senator Lauzen, Ehis is going to expand the anount of photocopying that's going to have to be done to to supply a11 these documents, I would assume. Can -- do you have any cost estimate on how much it's going to cost the varlous departments that oppose this: the Department of Revenue, the Municipal League, 60  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 Cook County Assessor. They seem to be opposed to this bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen.

It's interesting that during the extensive debate in the Revenue Commieteey and -- where the opponents expressed their concernsy that Senator Fakell argued persuasively that to the contrary of creating more copyinq, if we nake this accessible to people who potentially will publish this: that there will be less of a demand on people to make copies, because 1t'l1 be prtnted as we print tax manuals and legal reports like -- I think that the example she used Was WEST. At the end of that conversation and that extensive dlscussion, the vote was 10 to Do Pass recommendation.

PRESIDING OFEICER: (SENATOR DUDYCZ) Is there any further discussion? If notr the question isr shall Senate Bill 92 pass. Those in favor will vote Aye. Opposed wl1l vote Nay. And the voting is open. Have all votgd Who Wish? Have all voted Who wish? Have all voted who wish? Take the record. On that question, Ehere are 54 Ayes: no Naysy and none voting Present. And Senate Bi11 92, having received the required constitutional majority, is declared passed. Senate Bill Senator Rauschenberger. Mr. Secretary, read the bill. SECRETARY HARRYZ Senate B1l1 93. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) EenaEor Rauschenberger.

Thank you, Mr. President and Members of the Senate. Senate Bill 93, as amended, enables private buslnesses in campus 61  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 communities to compete with university stores through agreements with their particular universities. This bill also changes to alloW for the continued issuance of debit cards used for food, beveraçe, and other educational ttems required for use in classroom aceivities to students receiving financial assistance, as long as they allcw -- as the institutian allows private retaklers in the community an apportunity to compete such sales through agreements with the inskitutions. This bill Was brought to correct some competitive problems that have arisen through the continued and expanded issuanee of b0th debit and credit ID eards at our public universities. It simply re-levels the playing ground and allows private retailers who compete in those communiEies equal access to the -- to the services that the institutions have decided to provide.

PRESIDING OFFICER: (EENATOR DUDYCZ) Is there any discussion? Senator Welch .

I had a question of the spansor.

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

Senator, is this still opposed by the Univprsity of Illinoisr the Board of Regents and the Board of Governors?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

No. The -- it is still opposed by the University of Illinois. The Board of Governors worked with us on amending Ehe bill. It was amended. We met tuice an it and everybody had input. The Board of Higher Educatlon 's neutral on of I and SIU ar9 opposed; Board of Governors is in support.

PRESIDING OFFICER: (SENATOR DUDYCZ) 62  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 Senator Welch.

Well -- well, we rewrote thls legislation several years ago and there was a consensus then. It was similar to the consensus we reached on rewriting the Public Utility Act, the Telecommunication Act. We had everybody involved. There was a great deal of controversy about this. I'm not sure why we're goin: about this piecemeal at this time. And before, there was agreement between the universities and the retail merehants in those communitles. Nowr apparently. there is no agreement, but wedre pushing this through on -- on one side's behalf against the other side. I dcn't know that that makes mueh sense.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rauschenberger.

Senator Welch, i*ls been ny êxperience, in just tWo short ygars, as We generally have leçislation Where all of the opposed parties agree, the legislation usually doesn't do very much. Thls btll does dramaeically change and make institutions play on a level playin: ground with wtkh ccmpekinq private bookstores that pay both property Eaxes and income taxes to support those universities. So, I'm not concerned that University of Illinois and Southern Illinois University are not a hundred percent in support of this. It's a fair bill. The bill says that -- that if the -- the university Wants to use a credit or debit procedure, Ehat Ehey have to allow, by agreement, including the ability to charge fees to that merchant, to have to allow the nerchant the same access eo *he credit or debit procedures that the university adopts for its own -- you know, eor its own lnternal sales to the students.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch. 63  STATE OF ILLINOIS 8'9TH''GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRTPT 23th Legkslatkve Day March 16, 1995

Well, Senator: the difference is that the bookstores that sell books and pay the taxes also eharge the students more. So, you shift the weight -- the level -- shift the playlng field eowards the retail merchant outside of the school, it Will increase the cost for the students. And certainlyr I don't think that's a great idea.

PRESIDING OFFICER: (SENATOR DDDXCZ) Senator Rauschenberger.

Senator Welchr I'd be very interested in seeing your docunentary evidence that shows that private industry charges more for books than -- than monopalistically controlled government bookstores. In my experience, it's aetually the opposite. The student has free choice to go to Ehe university school bookstore todaye as they will in the futurer under this bill. This bill adds eholce. The studene then decides whether they 're going to go across the street to the private bookstore or to the in-university one. It doesn't preclude any choice by the student.

PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Weleh.

Senator, the point lsn 't that there is freedom of choice. There are certain iEems that schools cannot sell. They're prohibited from selling that because the local retail merchants eomplained that they do pay taxes, and therefore, they should have a monopoly themselves on those items. So who has the monopoly here? The school, or the retail merchant? I think that if you do open up the playing field, let's take off Ehis cap khat says *hat anythtn: that wasn't sold in university bookstores before 1980 can noW be sold. And let's 1et -- let's have the open competition. Let's see if the monopoly of the school can compeEe once they 're 64  STATE OF ILLINOIS I 89TH.GENERAL,ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 free in the marketplace to compete With the retail merchants. I think we should empower these local school bookstores to compete. Let's have an equal opportunity society and 1et these people be in the markekplace and see who prevails.

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

Will the sponsor yield for a question? PRESIDING OFFICER) (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Fawell.

Senator, from what I'm -- from what I understood about this bill, baslcally what yougre talking about is is how the goods are paid for. I mean, youdre talking about having a charge card that is presently being able to be used in a college bookstore to be also used at a -- at another store that's in the vicinity, that merehant wants to accept that charge card . We're nok talking aboutr you knoww whether they 're going to buy a book at A or a book at B; we're talking about how theydre going to pay for it, and they can pay for lt with a eharge card. And I Ehink that's an entirely different matterr as -- as to what our colleague said on the other side. I think this is a good bill. I heard al1 their testimony, and I think we ought to vote for it. PRySIDING OFFICER: (SZNATOR DUDYCZ) Any further...

Let the kids use their charge cards.

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

We in the General Assembly appropriate and spend more than l.6 65  STATE OF ILLINOIS 89TH GENERAL.ASSEMBLY ''' REGULARJ-SESSION SENATE TRANSCRIPT 28th Legislative Day March l6z 1995 billion dollars supporting institutions of higher education in the State of Illlnois. For anyone to say that it's competition on a level playing groundr with a school bookskore that pays property taxes, income taxes, employnent taxes and sales tax to the State of Illinois and to the local governmental bodies, am terribly confused, 'cause don't see how that's equality in any way, shaper or form. Al1 this bill does is levels the playing ground and says to universltles, ''If you would like to institute within your campus a credit or debit procedure allowing your students to buy merchandise, you have to make it available to other merchants that want to sell to those students through an agreement on a level playing ground.'' I would encourage a favorable roll call.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bi1l 93 pass. Those in favor uill vote Aye. Opposed will vote Nay. And the voting is open. Have all voked who wish? Have all voted who Wish? Have a1l voted kho wish? Take the record. On that question, there are 47 Ayes, 2 Nays and 2 voting Present. And Senate Bill 93y having received the required constitutional najority, is declared passed. WMAY has -- seeklng permission to record the proceedings. Hearing no objectlon, leave is granted. Senate Bill Senator DeAngelis. Mr. Secretary, read the btll.

Senate Bill 107. (Secretary reads title of bill) 3rd Reading of *he bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngells. SENATOR DeANGELIS: Thank you, Mr. President. Under currenE law, when tax sales are conducted and there are no buyers, the county becomes the trustee of thak property. in the event successful in 66  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 28th Legislative Day March l6, 1995 selling it, then the proceeds are distributed among the various units of government. What this bill does is it removes any llability for any envtronmental factor on the part of the county; however, still maintains the liability on prior owners or any subsequent owners. This allaws the county to go ahead and conduct the sale and not be llable for anything that might have been there previously.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is: shall Senate Bill l07 pass. Those in favor Will vote Aye. Opposed will voEe Nay. And the voting is open. Have all voted who wish? Have al1 voted who wish? Have a1l voted uho wish? Take the record. On that question, there are 56 Ayes, na Naysy no voting Present. And Senate Bill 107, havlng received the required constitutional majority, is declared passed. Senator Geo-Karis, for what purpose do you rise?

On a point of personal privilege. PRESTDING OFFICER) (SENATOR DUDYCZ) State your point.

Mr. President and Ladies and Gentlemen of the Senate, IIn very pleased to offer you for recogniticn our County Clerk, Willard Helanderr from -- who's also Py constitugnt, fron Libertyville. Willard Helander. And she's here with us today with the County Clerks' Convention, and I ask you to welccme her.

PRESIDING OFFICER: (SENATOR DUbXCZ) Will our guest stand and be recognized. Welcome to Springfield . Senate Bill 108. Senator Maitland. Mr. Secretary, read the bill.

Senate Bill 108. 67  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Maitland.

Thank you very much, Mr. President and Members oc the Senate. Senate Bill l08 expands the regulations that have been promulgated by the Department of Revenue with respect to medical -- medical appliances that will be eligible for exemption from the one-percent sales tax. Currentlyr the the regulation suggests that a nedical appliance is an iten which is intended by its manufacturer for use in directly substituting for a malfunctioning part of the body. We expand that now to include deviees - liftsr as an exampley on -- on vehicles that are used by disabled pecple, and they would then be exempt from the tax. And would - - would seek support af Senate Bill 108.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Tf not, the question is, shall Senate Bill 108 pass. Those tn favor will vote Aye. Opposed Wi11 vote Nay. And the voting is open. Have al1 voted who wish? Have a11 voted Who Wish? Have a11 voted Who wish? Take the record. On that questlon, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 108, having received the required constitutional majority, is declared passed. Senate Bill 122. Senator Klemm. Mr. Secretary, read the bill.

Senate Bill 122. (Secretary reads tltle of bll1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm.

68  <., STATE:OF ILLINOIS 7A! :89TH!GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 28th Legislakive Day March 16r 1995 Thank your Mr. President and Ladies and Gentlemen of the SenaEe. Senate Bill No. 122 provides that the Secretary of State will check the accuracy of the vehicle registration number and vehicle make, prior to the City of Chicago sending out parking ticket notices. Also provides that it shall be grounds for dlsmlssal of the kickek the vehicle registration number or vehicle make are incorrect on the ticket. Weêve had a number of problems with parking tickets -- from the City of Chicago that were erroneously issued. And with working with the City of Chicago, I want to thank Bill Luking, to give us suggesEed language that they supported, and it included in Amendment No. 1. And I also wanted to thank khe Municipal League for their support and making Amendment No. 2, correcting the problems for Ehe downstate. T don 't know of any oppositlon to the bill. It's - - Secretary of State agrees to be able to handle it without any costs, and I do ask your support to perhaps stop the pracEice of inadvertent tickets comin: dovn to here, people Who were never in the City of Chicago.

PRESIDING OFPICER: (SENATOR DDDYCZ) Is there any discussion? not, the question is, shall Senate Bill l22 pass.Those in favoruill vcte Aye. Opfosed Will vote Nay. And the voting is open. Have al1 voted Who Wish? Have all voted who wish? Have al1 voeed who wish? Take the record. On that question, there are 56 Ayes, no Naysr none voting Preseqt. And Senate Bill 122, having received the required constitutional majoritye is declared passed. Senate Bill 124. Senator Dillard. Senator Dillard. Senate Bill 141. Senator Woodyard. ...Bi11 167. Senator Klemm. Eenate Rill 176. Senator Cullerton. Mr. Secretary, read the bill.

Senate Bill 176. (SecreEary reads ElEle of bill) 69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY 1 REGULAR 'SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 3rd Reading of the bill. : PRESIDING OFFICER: (SENATOR DUDYCZ) ' Senator Cullerton. SENATOR CULLERTON: . I ! Thank you, Mr. Prestdent and Members of the Senate. This bl11 is designed to close a loophole in the Department of Mental : Health's Confidentiality Act, and it is supported by the Departmentr and the Illlnois Guardianship and Advocacy Commission. ! Basically, ie would say thae certain patient records that are the subject matter of court hearings would be covered by the Confidentiality Act that currently exists. It -- it grew out of a situation where an attorney representing a client discovered that just by calling a eourt, that they could get information concerning court hearings where someone was trying to be involuntarily committed. And so, the purpose of this is to close tha: loophole. Be happy to answer any questions and ask for an Aye vote.

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

Will the sponsor yleld for a question?

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

Does this bill in any way restrict the right of the courts to have access to information Eha: they currently have access to in - - in child custody cases and the like?

PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Cullerton. ;

No, it doesn't. It's -- it -- the court Would still have all of that information. It's only meant to -- people autside of the 70  .. STATE 0F ILLINOIS ;$u,'l 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislatkve Day March 16, 1995 court would not be able to access this information concerning these commitment proceedings.

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

Will the sponscr yield for a question?

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

Senator, I've been running into this same problem and have been looking at this same 1aw when -- and I noticed right now that a person -- a therapisty or a crisis center, or someone that needs that infornation, if the the individual kho is mentally il1 will not sign the paper and say that this can be disclosed to them, have now got the ability to go into court and get that information. Will this impair that crisis center or therapist right now to get that information?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton.

I'm not certainy because I believe that this bill is designed to cover situations where someone has been -- When there's been an - - either an lnvoluntary or a voluntary commitment hearing. And that's the type of situation this is desiqned to cpver. And basically, just -- the reason why this came about was that a -- a father called *he courE to find ou* *he status of a civil commitment pending for his son, and I think he had the same name and it turned out that the court was giving him a11 the informatlon that -- about his own case that was in nental health court. So , don't know if it applies to the situation you're talking about.

PRESIDING OFFICER: (SENATOR DUDXCZ) 71  STATE OF ILLINOIS ' 8.9TH GENERAL ASSEMBLY ::= REGULAR' SESSION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 Is there any further discussion? If not, Senator Cullerton, to elose. The question is...

I would just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) ... shall Senate Bill l76 pass. Those in favor Will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l votêd who wish? Have al1 voted uho Wish? Have a11 voted Who uish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 176, having received the required constitutional majority, is declared passed. Senate Bill 177. Senator Welch. Senate Bill 182. Senator Rauschenberger. Senate Bill 203. Senator Trotter. Senate Bill 210. Senator Burzynskl. Mr. Secretary, read the bill.

Senate Bill 210. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDJNG OFFJCER: (SENATOR DUDXCZ) Senator Burzynskl. SENATOR BURZYNSKT; Thank yau, Mr. President. In explanation of the bill, currently the community college system has to promote two bills every year relative to its appropriations and âts rate. This combines that process into one bill to -- to clarlfy and also to -- to also keep down the number of bills we have in this Chamber every year.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discusslon? If not, the question isy shall Senate Bill 210 pass. Those -- Senator Hawkinson.

Thank your Mr. President. Will sponsor yield for a question? 72  STATE.OF ILLINOIS 8STH GENERAL ASSEMBLY .. REGULAR SESSION SENATE TRANSCRIPT 28th LegislaElve Day March l6, 1995

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

Senator, are there any changes in the -- in the rate for this coming yeary or is it yet to be set?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Burzynski.

The rate is yet to be set. But it v111 be still -- it still will be set in the sane nethod, the same fashion that it has been in the past. It's just that they'll already have the statutory authority to do that.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is, shall Senate Bill 2l0 pass. Those in favor will vote Aye. Opposed Will vote Nay. The voting is open. Have a11 voted Who Wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. And Senate Bill 210: having received the required constitutional majority, is declared passed. Senate Bill 227. Senator Thomas Dunn. Senate Bill 253. Senator Maitland. ...tmicrophone eutoffl...order of Senate Bills 3rd Reading, top of page 8, Senate 3il1 267. Senator DeAngelis. Mr. Secretary, read the bill.

Senate Bill 267. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 267 does something that's been long overdue, and that is to afford those people Who 73  STATE OF ILLINOIS ?:$.189TH GENERAL'ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 are self-employed the same cpportunity as those who employ other people and that is the ability to deduct the costs of their healeh care insurance. There's a couple of provisions in here: that the amount may not exceed their.taxable income, and no deduction is allowed if the taxpayer's eligible to participate in any other health or long-care insurance, and it does not apply to any amount deducted for income tax purposes. Be happy to answer any questtons.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Berman. SENATQR BERMAN; Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rlse in opposition to this bill. And I would point out that the Department of Revenue is opposed to this bill, and this was one time thak I agreed with *he Department. And this bill seks a very, very dangerous precedent. would suggest to you that this bill is the tax accountants' full-employment bill. We are doing something by this bill which we have never done before at least to my knowledge We've never done before. The State of Illinois lncome tax is substantially - and that's an understatement but substantially in conpliance with federal tax guidelines. And what we dor as you are Well aware, is after you complete your federal tax returns which may take pages, or volumes, or only a page, depending upon your status, you then take a couple of pages, or a pagey and use the numbers that are in your federal tax return, apply to your State tax return, do some calculating and you know what you owe. This is imposing a different tax structure, and I'm really not addressing the merits of what the deduckion will be. But it is making a dramatic change in allowing a specific deduction on your SEate Eax return that the federal sovernmenE doesn't rêcngnize. Nou, I've got a long list things that Uncle Sam does wrongr but we haven't introduced 74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY r.' REGULARL.SESSION SENATE TRANSCRIPT 28th Legislakive Day March l6, 1995 them, we haven 't adopted themr because it would substantially alter our pretty simple State tax approach . That's What this bill does. changes the State tax return approach to taxes. think it's a very, very dangerous -- on the long runr expensive approach to an issue Ehat really ought to be taken up in the federal governnent, not here. For that reason, urge a No Mote.

PRESIDING OFPICER: (SENATOR DUDYCZ) Any further discussion? Senator Rauschenberger.

Mr. lresident and Members of khe Senater Whlle I have a great deal of respect for the sponsor, Nould oppose this billv Illinois has a flat-rate, simple income tax today. It's noE an income kax thatls filled With deducttons and ccmplications and credits. The reforn movement in Washlngton today, When they discuss a flat-rate income tax, is based on the same premise we currently have in the State of Illinois: low-rate, flat-basey predictablee not filled with -- with deductions and complications. think the merits of what the -- the sponsor is trying to do has -- has -- there's sone gcod ideas there. don't think we should take an effective flat-rate, simple lncome tax form and begin to open up a Whole series of deductions and tax credits which will turn our flat-rate simplicity into a nightmare similar to what the federal government has built over the last twenty years. So, I'd respeetfully ask the sponsor to considqr takln: it out of the record.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. Any further discusslan? senator Welch.

have a question of the sponsor.

PRESIDING OPFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield . Senator Welch.

75  STATE OF ILLINOIS : ' .89TH GENERAL'ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March 1995 Senator, what would prevent an individual fron going out and starting his own business that is not a profieable business and using this tax deduction as a method to deduct their personal medical expenses, their -- their insurance? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Senator Welch, I said ln my explanation that this cannok exceed the taxable income of the individual. So therefores that person were operatin: With a loss: Would have no benefit. PRESIDTNG OFFICER: (SENATOR DUDYCZ) Senator Welch. SENATOR WELCH: Is it -- is the taxable income on your Bchedule C on your federal tax, or is it the individual's taxable income as an individual household, which is your -- or your adjusted gross income? Is it your Schedule C or is it your overall ineome? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: If you're self-employed: it's the same schedule, except you may have other paqes in it. In other words: you don 't file a eorporate -- if you did a corporate, this Would -- you could deduct it. This is somebody who works for themselves: manufacturers' repsy a bricklayer Who has his oWn he has a truck and a trowel. Those people -- those are the kind of people. PRESIDING OFFICERI (SENATOR DUDYCZ) Senator Welch. SENATOR WELCH: Let me give you an example. Let's say that this bill passes, and an individual has the right to deduct their insurance costs for medical care. I decide I'm -- I'm qoing to start a business 76 /  . STATE OF ILLINOIS t;: .J;'k89TH GENERAL ASSEMBLY ;.. REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 just to take advantage of Ehis, even though don't have any kncome. I -- I pu* a sign on the side of my car saying T am now a tree cutter. file a Schedule C showing no income, but have expenses and the wexpenses are my nedical insurance for my family, and I show a loss. Can I then take that deduction on the State lncome tax returne even thouîh I don't cut down any trees, but I do have a business I'm calllng the Welch Tree Service, and I'm suddenly got a sign on the side of my truck saying that I'm a tree cutter? Can I then use that to say I'n self-employed, even though I don't know how to cut down a tree? PRESIDING OFFICER; (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Will you give up being a lawyer to be a tree cukter? I -- you know Why don't We just say a lawyer instead of a tree cutter. Okay7 If you're a lawyer and you're self-employed and you have health care costsy why can you not be able to deduct that like someone else who may have that business that's a tree cutting business, Who ls allowed to deduct it?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.

That's not my point. My point isr let's say it's a business that I kno? nothing aboutr lik# cutting down trees, and I just do this as a front. Kind of -- just to take advantage of this. What's to stop me from saying I now am a Eree cutter? And you know' put on a lumberjack shirt that's required, but I have a sign on the side of my truck that says I'n a tree cutter. And then I file a Schedule C saying that the tree serviee had only one expense: and that Was the cost of the health insurance and use that as the deduction. It seems to me this may be susceptible to that fraud on the part of an individual. Let's say I'm working 77  STATE 0F ILLINOIS 8.9TH GENERAL ASSEMSLY ' REGULAR SESSION SENATE TRANSCRIPT 28t: Legislative Day March 16, 1995 eight to five at a -- at a job. I'm an employee, but on *he side I decide to start my self-emplcyment business my self-employed business to take advantage of this and have a tax deduction.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngetis. SENATOR DeANGELIS: Senator Welchr with the state of our legal profession in this countryy I would think thae schemes and scams will always exist. Bue how about the honest guy who goes out there and works? He's got a truck. He delivers dirt. Ee -- he cannot deduct his health insurance. A guy that's a bricklayer, or a guy that's does cut treesr he can't deduct his insurance. Yet if he worked for your you could deduct his insurance, or he can deduct his through you. mean, it's -- don't Why if there's a health insurance cost with someone who's employed in a businessr why it's deductible in certain instances here, but not deductible -- if you're desirous enough and -- and an entrepreneur, you can't deduct it.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.

Senator: would you accept an amendment that would say that you could deduct the health insurance only against income from your self-employment shown on your Schedule C on your federal return? So you would have to have yome income to be offset by the cost of the medical carer so that you don't have the provision where everybody just decides they're -- theyfre self-employed, to take advantage of this.

PREEIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Senator Welche I am not so certaln that doesn't -- that doesn't exist in this bill already. Okay? But the fact of the 78  STATE OF ILLINOIS 89TH GENERALC7ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day . r. ,. March l6r 1995 matter isz is that if you don't have taxable lncomer you can't deduct And if you participate in anoeher planz you can't deduct it. And it doesn't apply to any amoun: that's dedueted from your federal income tax. Now, if the person's got another business, why doesn't he deduct it in that business -- through that business, rather than create another one that doesnft make any money that he can't deduet it fron anyhcw? PRESIDING OFPICER: (SENATOR DUDXCZ) Is there any further discussion? Senator Lauzen. SENATOR LAUZEN: I$m not mistaken, one of the -- one of the things that this would correet -- the reason why this is such a thorn in the side of small business ouners is that when you employ peopler their premiums are deductible, but yours as the employer is not deductible. belkeve that khis is vhat Senator DeAngelis' and Senator Dudycz's bill is trying to do r at least at the Skate level. I agree W1th the people who are saying that Ehis should be handled at the federal level, but until they do handle it, I believe ehat these sponsors are taking the initiative to get it at leask right in Illinois. PRESIDING OPFICER: (SENATOR DUDYCZ) Is there any further discussion? If not, Senator DeAngelis, to close. SENATOR DeANGELIS) Well look, just let me point out that, you know, this something that I think we need to do for those people who are earnestly employed, who don't have the same opportunity as other people, and I think it's a question of fairness. I urge your Aye vote. PRESIDING OFFICER: (SENATOR DUDYCZ) The quesEion ise shall Senate Blll 267 pass. Those in favor will vote Aye. Opposed will vote Nay. And *he voting is open. 79  STATE OF ILLINOIS . 89TH GENERAL ASSEMBLY uu- RSGULAR sEssION SENATE TRANSCRIPT 28th Legislative Day March 16, 1995 Have a11 voted uho Wish? Have al1 voted Who Wish? Have a11 voted who wish? Have al1 voted Who uish? Take the record . On that question. there are 24 Ayesy 17 Nays, voting PresenE. And Senate Bill 267, having not received the required constitutional majoriEy, is declared failed. Senate Bill 269. Senator Geo-Karis. Senate Bill 275. Senator Karpiel. Senate Bill 298. Senator Philip . Mr. Secretaryy read the bill. SECRETAR7 HARRX: Senate Bill 298. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Philip.

Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. Senate Bill 298 is an administration bill. It's merely a change of a name. It changes the name to Airport and Airway Improvement Act of 1982, to correspond wikh the federal law.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bill 298 pass. Those in favor Will vote Aye. Opposed Will vote Nay. And the voting is open. Have a1l voted Who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 40# the Nays are none or 4, pardon me, and 7 votlng Present. And Senate Bill 298, havlng received the required constitutlonal majority, declared passed. Senate Bill 300. Senator Woodyard. Mr. Secretary, read the bill.

Senate Bill 300. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) 80  STATE OF ILLINOIS itc h.89TH GENERALCASSEMBLY t REGULAR SESSION SENATE TRANSCRIPT 'z8th'Legislatlve Day March l6y 1995 Senator Woodyard. SENATOR WOODYARD: Thank you, Mr. Presidenty Members of the Senate. Senate Bill 300 is actually what has become known as Conservakion 2000. It is an initiative dealins with agriculEure and conservation in this Stater and it is the most innovative, aggressive proqram that I've seen introduced in the General Assembly in the sixteen years I have been here. It would -- the bill would actually fund programs contalned within the bill: to the tune of a hundred million dollars over a period of six years. Tt it deals Nith sustainable agriculture, with researchr and those kinds of areasr also the Soil and Water Conservation Districe grants and stream bank and erosion control. It also allows the Department of Conservation to enter into studies and recommendations on water policy. And for years I have felt that we are that We 've needed a cohesive water policy. We have not had one in this State. It also would alloW the Departnent of Conservation to acquire and expand habitat and riparian areas of -- along river corridors. But we were able to get lnto the bill that the Departnent would not be able to use eminent domain. It would have to be a wllling seller and a -- and a willinj buyer. And With those, Mr. Presidentz I Would be glad to ansuer any questions. The the bill when was presented in the Ag-conservation Committee had a -- a stack of proponent witness slips from a1l over the State With many, many organizations supporting this, and there was not one witness slip by an opponenE. And for those reasons, again, I Would be glad to answer any questions or -- or solicit your favorable consideratton.

PRESIDTNG OFFICER: (SENATOR DUDYCZ) Is there any diseussion? Senator Cullerton.

Yes. Will the sponsor yield? 81  STATE 0F ILLINOIS g.; .89TH'GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT . 28th Legislativp Day 'March 16,.1995 PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Cullerton. SENATOR CULLERTON: Senatory it -- it seems like a laudable :oal, but r see that the bill creates a new fund. And I Wondered if you could just address where the money is supposed to come from and how much is supposed to go into PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard. SENATOR WOODYARD: Yes, thank you, Senator. Sixty million dollars cver ehis period of Eime would actually cone from General Revenue fundsy and contained kithin the billr there Would be a transferal once a year into this conservation fund. The other forty million dollars over the six-year period wculd come from bond funds, and although that's contalned within the billr T believe there's a bill over ln the House that actually lncreases the bond authorization for that. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cullerton. SENATOR CULLERTON: Well, I kncu we haven't gotten into the -- the budget yet this year, but is thls something that the Governor included in his budget? This -- is this -- and is this sixty million over a five- or six-year period? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Woodyard. SENATOR WOODYARD: It's my unders*anding khat this is included in the budget and also the bond and GRP money, the flrst year, Fiscal '96, would be in khe amount of six million flve hundred thousand . PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? not, Senator Woodyardy to close. 82  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY )?: ' REGULAR'SESSION SENATE TRANSCRIPT z8thlLegislativp Day ' March 16., 1995

Well, thank youp Mr. President. And I just Want to simply recommend ehat the Body pass this legislation. It was introduced over a year ago and got embroiled in political situation, and I think the time is now for us to beqin protecting our eeosystems. one of the very, very few bills that I've seen in the past where environmentalists, conservationists and people from the ag industry have cone together in support of thls kind of measure, and I urge your support.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 300 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted Who wish? Have all voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 55 Ayes: no Naysr none voting Present. And Senate Bill 300, having received the required constlEutional majority, is declared passed. Senate Bill 301. Senator Hasara. Senate Bi11 313. Senator Butler. Mr. Secretaryz read the bill.

Senate Bill 313. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sqnator Bukler.

Thank youg Mr. Presiden*. Ladles and Cen*lemen, ehis -- Senate Bill 313 creates for the first time a Roller Skating Rink Safety Act. It establishes a series of sEandards by which the roller skating rink nust adhere to in the interest of safety, and at the same time, it spells out four situaEion, or five situations, for the skater. I -- at some point there Was some objection from the trial lawyers regardin: this, but we have 83  STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Leglslative Day March l6r 1995 Worked with ehem, and as far as I knowe a1l of their objections have been removed. So I Would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If noty the question 1s, shall Senate Bill 3l3 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have al1 voted who wish? Have al1 voted who wish? Have al1 voted Who wish? Take the record. On that question: there are 54 Ayesy no Nays, none voting Present. And Senate Bill 313, having received the required constitutional majorityr is declared passed. Senate Bill 327. Senator Ralph Dunn. Senate Bill 350. Senator Klemm. Read the billr Mr. Secretary.

Senate Bi11 350. (Secretary reads title of bill) 3rd Readinî of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm .

Thank your Mr. President and Ladies and Gentlemen of the House. Senate Bill 350 amends *he Adopt-A-Highway Aet to provide that a length of municipal, townshipr county or State right-of-ways nay be adopted by the group. Gince I passed House Bill 2741 back in 1992, creating the A#opt-A-Highway Program in Illinois, over six hundred groups have contacted IDOT to try to parEicipa*e and gee information in this program. Natlonkide We have over seventy-five thousand organizakions that are participating in Adopt-A-Highway programs that are nou Within forty-eight states. We have almost a million partieipants doing this work. We cover over a hundred and sixty-one thousand niles. This expands ie to alloW us to do the State highways. And I want to thank both IDOT and Ehe Teamsters' Union for helping us work 84  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Leqislaeive Day March 16# 1995 this out and I do ask for your support.

PRESIDING OEFICER: (SENATOR DUDYCZ) Is there any discussion? If note the question is, shall Senate Bill 350 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted Who Wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that question, there are 55 Ayesr no Nays, none voting Present. And Senate Bill 350: having received the required constitutional majority, is declared passed. Senate Bill 366. Senator Petka. Senate Bill 388. Senator DeAngelis. Senate Bill 392. Senator Woodyard. Mr. Secretary, read the bill. SECRETARY HARRY) Senate Bill 392. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER; (SENATOR DUDYCZ) Senator Woodyard.

Thank yau, Mr. President and Members of the Senate. Senate Bi11 392 is an initiative of the Illinols Chemical Fertilizer Dealers' Association. Cantains two provislons. Upon lntroduetion, the bill contained ehree provisions. We amended it to take out some objectionable language Which would have allowed the Department Eo sgize certain types of pesticides. I know of no opposition to the other two provisions, one of whlch provides a speeifie date on annual renewal of -- of the pesElclde licensure. And number two, it -- it also empowers us to permanently do land appltcation of of pesticides. We?ve been renewing both of those provlsions for several years on an annual basis, and lt was thought that noW kas the time to just put it law and not have to renew these things every year. And With EhaE, be happy to answer any questlons or ask for a favorable roll call. 85  STATE OF ILLINOIS 8'9TH'GENERAL.ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislativq Day March l6y 1995

PRESIDING OFPICER: (SENATOR DUDXCZ) Is there any discussion? Senator Welch.

I have a question of the sponsor.

PRESIDING OFPICER: (SENATOR DUDXCZ) Sponsor indicates he will yield. Senator Welch.

Senator Wcodyard, was there a provision allowing the Department of Agriculture to seize those pesticides that weren't in compliance with the Act and was that taken out?

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Woodyard.

Yes, Senator Welch. That -- that Was stricken With the -- the amendment. PRESIDTNG OFFICER) (SENATOR DUDYCZ) Senator Welch.

Did that provision include banned pesticides like Eldrin or DDT or EDT? Could those have been confiscated before it Was taken out of the bill?

PRESIDING OFFICER: (SENATOR DPDYCZ) Senator Woodyard.

don't know that can answer that, because think the language of that amendment jusk said deletes ehe language that allows the Department of Agriculture eo s/izp. But T presume on prohibited pesticides Ehat they could still do that. I really don 't know.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch .

86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR'SESSION SENATE TRANSCRTPT 28th Legislative Day March 16, 1995 Well: do you think that can be cleared up if it gets -- when it gets Eo the House then, Senator? Because it seems to me that if you have an illegal pesticide and the Department finds out about it: they should remove it.

PRESIDING OFFICER: (SENATOR DUDYCZ) Purther discussion? If not, Senator Woodyard, to close.

Yes. I -- have just been told -- in closing, Senator Welche that this applies only to nonrestricted pestieides. They cannot seize that. It's my understanding that they could seize restricted pesticides and I hope that clarifies that. With that, would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) The question isy shall Senate Bill 392 pass. Those in favor Will vote Aye. Opposed will vote Nay. And 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 54 Ayes, no Nays, none voting Present. And Senate Bill 392, having received the required conskltukional majority, is declared passed. We will now return ko the Order of 2nd Reading so that Members who were nok on the Floor when we went through the 2nd Reading the first time will be afforded the opportunity to have their bills moved. On the Order of 2nd Reading, we have Senate Bill -- on the bottom of page 4, Senate Bill 733. Senator O 'Ma11ey. Senator O 'Malley, do you wlsh *he blll to bê read? Mr. Secretary, read the bill. SECRETARY HARRY; Senate Bill 733. (Secretary reads title of bill) 2nd Reading of the bill. No comniteee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) Reading. Senate Bill 1005. Senator O'Malley. Mr. 87  STATE.OF.ILLINOIS 89THiGENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6, 1995 Secretary, read the bill.

Senate Bill 1005. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bil1 1035. Mr. -- oh: pardon me. 1006. Senate Bill 1006. Mr. Secretary, read the bill.

Senate Bill 1006. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OPFICER: (GENATOR DUDYCZ) 3rd Reading. .svtmicrophone cutoffl...any other Menber Who would wish to have their bills moved from 2nd to 3rd Readingr now 's -- nowls the time. Senator Barkhauseny for what purpose do you rise?

Xeah. Mr. President, as long as youfre on this Order of Business, Senate Bill 1203 is one that like to move if I could.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senate Bill 1203. Mr. Secretary, read the bill.

Senate Bill 1203. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senator Siebenr for what purpose do you rise?

Yese Mr. President, I would like to move Senate Bill 756 from 2nd to 3rd. 88  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR'SESSION SENATE TRANSCRIPT z8thlLegislative Day March 16, 1995

PRESIDING OFPICER: (SENATOR DUDYCZ) Mr. Secretary, read the bill.

Senate Bill 756. (Secretary reads title of bill) 2nd Readtng of the bill. No conmittee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 941. Mr. Secretary, read the bill.

. Bi1l 941. (Secretary reads title of bill) 2nd Reading of ehe bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senator Watson, for Nhat purpose do you rise?

Thank your Mr. President. like to have the same privilege. I'd like to move Senate Bill 207 and Senate Bill 299.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senate Bill 207. Madan Secretary, read the bill.

Senate Bill 207. (Secretary reads title of bill) 2nd Reading of the bill. No eommittee amendments -- no committee or Floor amendnents.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bil1 299. ACTING SECRETARY HAWKER I Senate Bill 299. (Secretary reads tltle of bill) 2nd Reading of the bill. No conmlttee or Floor amendments.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Resolutions. 89  . STATE OF'ILLINOIS : : '.89TH.GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT . z8th.Legislative Day Mareh 16, 1995 SECRETARY HARRY: ... tmicrophone cutoffl...loint Resolution 35, offered by Senator Weaver. (Secretary reads SJR No. . 35) PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Weaver moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate JoinE Resolution 35. Those in favor will say Aye. Opposed, Nay. The Ayes have it. The rules are suspended . Now, Senator Weaver has moved for the adoption of Senate Joint Resolution 35. Those in favor: say Aye. Opposedy Nay. The Ayes have it, and the resolution is adopted. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those read in today Will be added to the Consent Calendar. Mr. Secretarye have there been any objections filed to any resolution on the Consent Calendar? SECRETARY HARRY: No objections have been filed, Mr. President. PRESIDING OFFICERJ (SENATOR DUDYCZ) Any dlscussion? If not, the question is, shall the resolutions on the Consent Calendar be adcpted . All those favor, say Aye. Opposed, Nay. The motton carries, and the resolutions are adopted. Senator Maitland, for what purpose do you rise? SENATOR MAITLAND: Thank you very much, Mr. President and Members of the Senate. Just simply ask leave of khe Body to table Senate Bill 136. PRESIDJNG OPPICER: (SENATOR DUDYCZ) Senator Maitland moves to table Senate Bill 136. Hearing no objeckion, leave is granted. Conmittee Reports. SECRETARY HARRY: Senator Barkhauseny Chair of the Committee on Financial 90  ' STATE OE ILLINOIS %î.t. 89TH GENERAL'ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 28th Legislative Day March l6f 1995 Institutions, reports Senate Bills 440, 796 and 934 Do Pass. Senator Peterson, Chair of the Committee on Revenue, reports Senate Bills 597 and 967 Do Pass; Senate Bills 169, 212, 326 and 646 Do Pass, as Amended; and Senate Resolution 32 Do Pass. Senator Weaver, Chair of the Committee on Rules, reports the folloving Legislative Measures have been assigned to committees: Referred to the Committee on Education - Senate Amendment 1 to Senate Bill 10357 to the Conmittee on Insurancez Pensions and Licensed Activities - Senate Bill 1082: to the Committee on Local Government and Elections - Senate Amendment to Senate Bill 80 and senate Amendment to Senate Bill 444: re-referred from Public Health to the Commieeee on Welfare -- or the Public Hea1th and Welfare Committee to the Rules Committee - Senate Bill 10827 and referred to the Committee on State Government Operations Senate Amendment to Senate Btll 388 and Senate Amendment l to Senate Bill 763.

PRESIDING OFFICER: (SENATOR DUDYCZ) House Bills lst Reading.

House Bill 801: offered by Senator Hasara. (Secretary reads title of bi11) lst Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Pursuant to the adjournment resolution, Sen#tor Lauzen moves the Senate stand adjourned until noon, Tuesday, March 21st. 91 REPORT: TIFLDAF STâTE OF ILLINOIS 96/09/11 PâGE: 001 89TH GENERAL ASSEHBLY 16:18:36 SENZTE DAILY TRANSCRIPTION OF DEBZTE IMDEX HàRCH 16, 1995 HB-0206 SECOND REZDING HB-0801 FIRST REZDING 38-0005 SECOND READING SB-0034 SECOKD REZDIMG SB-00M3 THIRD REâDING SB-0069 SECOND REâDIPG SB-0074 THIRD READING SB-0086 RECALLFD SB-0092 THIRD READIMG SB-0093 THIRD REZDIVG SB-0107 THIRD READING SB-0108 THIRD READING SB-0111 3ECOND READIMG SB-0122 TMTRD RFZDIMG SB-0136 TABLED SB-0161 SECOKD REZDING SB-0175 SECOND READING SB-01T6 THIRD READING SB-0207 SECOMD READING SB-0210 THIRD READING 58-0229 SECOND REâDING 58-0235 SECOND READING 58-0239 SECOND REZDING 58-0267 THIRD REâDING 58-0293 SECOMD READING 58-0298 THIRD READIMG 58-0299 SECOMD READING SB-0300 TMIRD READiNG SB-0303 SECOND READING SB-0313 THIRD REZDIMG SB-0315 SECOMD READING :8-0338 SECQND REâDING SB-0350 THIRD REZDING SB-0384SECLND READING 88-0392 THIRD REZDIMG SB-0R07 SECOND READING SB-0416 SECOVD READING 3B-0k20 THIRD READING 58-0425 THIRD READIMG 58-0428 SECOND READIMG SB-0R35 SECOMD READING SB-0qq6 THIRD READfMG SB-0k47 SECOND READING SB-04k9 THIRD REZDING SB-0R51THIRD READING SB-0R52 THIRD READING SB-0q53 TMIRD READIMG SB-0y55 THIRD READING SB-0477 THIRD REZDING SB-0M81 SECOND READING SB-0509 SECOND REàDING 58-0528 THIRD READIMG 58-0535 THIRD READING 58-0560 THIRD READIMG 38-0561 THIRD READING 58-0566 THIRD REZDING 58-0567 THIRD READIMG 38-0587 THIRD READïNG SB-060k THIRD READING SB-0615 THIRD READING :8-0619 SECOND REâDING SB-062y SECOND READING 58-0675 SECOMD REâDINC SB-070k SECOND REZDING  h. . REPORT: TIFLDàY STATE CF ILLIMOIE 96/09/11 PâGE: 002 89TH GENERêL ZSSEHHLY 16:18:36 SENATE DAILV TRâNSCRIPTIO: 0F DEDATE INDEX I HARCH 16, 1995 88-0733 SECOND READING PAGE 87 88-0739 SECOND READIKG PAGE 11 88-0756 SBCOND READING PAGE 88 88-0762 SECOND REàDiNG PAGE 11 38-0763 SECOND READING PAGE 11 58-0763 DISCUSSED PAGE 12 58-0769 SECOND READING PAGE 12 58-0779 THIRD READING PZGE 55 SB-081M SECOND READING PZGE 13 58-0851 THIRD READING PAGE 55 SB-0907 SECOND READING PâGE 13 :8-0908 SECOND READING PZGE 13 58-0923 SECOMD READING PACE 13 SB-09V1 SECOND READING P2GE 89 58-0960 SECOND READING PZGE 14 58-0992 SECOND READING PACE 14 SB-1005 SECOND READING PAGE 87 SB-1006 SECOND READIMG PAGE 88 SB-1078 SECOVD READEMG PûGE 14 SB-1168 SECOMD REâDIMG PZGE 15 58-1202 SECOND REâDING PACE 15 SB-1203 SECOMD REâDING PAGE 88 SR-003R RESOLUTICM OFFERED PAGE 1 SR-0035 RESCLUTIOM OFFERED PAOE 1 SR-Q036 RESCL/TIOM OFFERPD PAGE 1 . SR-003T RESOLUTIO: OFFERED PAGE 1 SR-0038 RESOLUTIO: OFFERED PâGE 2 SJR-0035 ZDOPTED PAGE 90 SJR-O035 RESOLUTION OFFERED PAGE 90 SUBJECT MATTER SENàTE TO ORDER-PRFSIDENT PHILIP PAGE 1 PRZYER-REVEREND PZTRICK RUSCH PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOURNALS-POSTPONED PAGE 1 COMMITTEE REPORTS PZGE 2 RESOLDTIONS CONSENT CâLENDAR-ADOPTED PZGE 90 COHMITTEE PEPORTS PAGE 90 ZDJOURNMENT PAGE 91 k I I I