Illinois Senate Floor Debate — March 22, 1995

Messages from the House.

A Message fron the House by Mr. McLennand , Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed bllls of the followlng titles, in the passaqe of which I am instructed Lo ask the concurrence of the Senate: to wit: House Bills 113, 122, 153, 175, 182: 197, 234, 309, 370, 150, 413: 47l and 507. . A11 passed the House, March 21st, 1995.

Resoluttons.

Senate Resolution 40, offered by Senator OtDanlel and al1 I Members. 1 I I It's a death resolution, Mr. President. l j PRESIDENT PHILIP: 1 1 2  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 Consent Calendar.

Senaee Joint Resolution 36, cffered by Senator Sieben. ' And Senake Joint Resolution 37, offered by Senators Sieben and l Burzynski. ! I They're both substantive. I I 1 PRESIDENT PHILIP: I On page 2 today -- of today's Calendar: in the Order of Senate 2ills 2nd Reading, ukkl Ehe Members please move their bills. Senate Bill 62. Senatar Klemm . Take it out of the record. Senate 3i1l 64. Senator Raica. Senator Raica . Take it out of thP record . Senate Bill 76. Senator Peterson. Take it out of the record. Senate Bill 100. Senator Raica. Take it out of the record. Senate Bill 133. Senator Peterson. Senator Peterson. Take it out of the record. Senate 3il1 134. Senator Peterson. Take it out of the record . Senate Bill 192. Senator Hasara . Senator Hasara. Take it out of the record. Senate Bill 245. Senator Dudycz. Senator Dudycz. Take lt out of the record. Senate Bill 246. Senator Dudycz. Take it out of the record. Senate Bill 236. Senator Ralph Dunn. Senator Ralph Dunn. Take it out of the record. Senate Bill 276. Take it out of the record. Senate Bill 326. Senator Syverson. Senator Syverson. Take tt out of *he record. Senate Bill 354. Senator Barkhausen. Senator 3arkhausen. Take lt out of the record . Seaate Bill 355. Senator Barkhausen. Take it out of the record. Senate Bill 442. Senator Woodyard. Well, God bless you, Senator Woodyard. Read the bill.

Senake Bill 442. I I I (Seeretary reads title of bkll) I t I 2nd Reading of the bill. The Committee on Insurance, Pensions and I I Licensed Activitles adopted Amendment No. 1. I . PRESIDENT PHILIP : ; 3 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 I Have there been any other Floor amendments that have been ' approved for consideration? ' SECRETARY HARRY: I I I No further amendments reported, Mr. President. . I PRESIDENT PHILIP: 3rd Readtng. Senate Bill 444. Senator Peterson. Take lt out of the record. Senate Bill 448. Senator Woodyard . Senator Woodyard. Take it out of *he record . Senate Bill 459. Senator Maltland. Senator Maitland. Take it out of the record . Senate Bill 472. Senator Peterson. Take it out of tHe record. Senate Bill 539. Senator Fawell. Senator Fawell. Read the bill. SECRETARY HARRY: senate B1l1 539... PRESIDENT PHILIP: Take it out of the record. Senator Fawell? Senate Bill 549. Read the bill. SECRETARY HARRY: Senate Bill 549. (Secretary reads title of bill) 2nd Reading of the bill. No conmittee or Floor amendments. PRESIDENT PHILIP: 3rd Reading. Senate Bill 595. Senatcr Rauschenberger. Senator Rauschenberger. Read the b1l1. SECRETARY HARRY: . Senate Bill 595. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendmqnts. PRESIDENT PHILIP: 3rd Reading. ...Bill 640. Senator Hasara . Take it out Of the record. Senate Bill 664. Senator Tom Dunn. Senator Tom Dunn. Take it out of tHe record. Senate Bill 679. Senator I I Woodyard. Senator Wcodyard. Take tt out of the record. Senate ! 4  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 Bill 690. Senator Weaver. Take it out of the record. Senate Bill 728. Senator Woodyard. Senator Woodyard. Take it out of the record. Senate 3i11 760. Senator Lauzen. Senator Lauzen. Take it out of the record . Senate Bill 761. . senator Maitland. Senator Maitland . Take out of the record.

PRESIDING OEFICER: (SENATOR DeANGELIS) Senate Bill 805. Senator O 'Ma11ey. Senator O 'Malley, 805. Read the billr Mr. Secretary.

Senate Bill 805. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OPFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 934. Senator Barkhausen. Take out of the record . Senate B11l 942. Senator Sieben. Senator Sieben. Take it out of the record. Senate Bill 1124. Senator Butler. Read the bill.

Senate Bill 1124. (Secretary reads title of b111) 2nd Reading of the blll. The Committee on Executive adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR DeANGELIS) Have there been any Ploor anendments that have been approved for consideraticn?

No further amendments reported, Mr. Preskdent.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading . Witb leave of the Body, we 'll return tc Senate Bill 326. Senator Syverson. Mr. Secretary. Read the bill, Mr. Secretary.

5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22# 1995 Senate Bill 326. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted Amendments 1 and 2.

PRESIDING OFFICER : (SENATOR DeANGELIS) Senator Hasara.

Thank you, Mr. Presldent. On a point of personal privilege. On a point of personal privilege.

PRESIDING OFFICER: (SENATOR DeANGELIS) State your point.

I have a young lady standlng here today, Who ts, as of today, a legal reglstered voter. Today ls April Gulley 's eighteenth birthday. She 's a Page over here, and she's also the daughter of Becky Gulley: Senator Mahar's secretary. Let's wish April a happy eighteenth birthday.

PRESIDING OFFICER: (SENATOR DeANGELTS) Happy birthday. Have there been any Floor amendments that have been approved for consideration?

No furkher amendments reported: Mr. President.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senator Dudycz, on SenaEe Bill 245. Fead the bill, Mr. Secretary.

Senate Bill 245. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading . Senate Bill 246. Senator Dudycz. Read *he bill, Mr. Secretary. 6  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislatlve Day March 22, 1995

Senate Btll 246. (Secretary reads tktle of bi11) 2nd Readkng of the bill. No conmittee or Floor amendments.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Are there any other Members Who have bills on 2nd Reading that wished them called? For what purpcse does Senator Peterson seek recognition?

Thank youy Mr. Presldent. I would like leave of the Body to table Senate Bill 76 and Senate Bill 444.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Peterson moves that Senate Bill 76 be tabled. Al1 those in favor, say Aye. Opposed, say No. The Ayes have it. Senator Peterson moves that Senate Bill 444 be tabled. All those in favor, say Aye . Opposed, say No . The Ayes have (t . Senator Woodyard.

Yes . Thank you, Mr. President. I would mcve to table Senate Blll 707.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard moves that Senate Bill 707 be tabled. A11 those in favorz say Aye. Opposed: say No. The Ayes have it and Senate Bill 707 is tabled. For What purpose does Senator Mahar seek recognition?

Thank you, Mr. President. For the purpose of an announcement.

PRESIDING OFFICER: (SENATOR DeANGELIS) State your announcement.

The Sena*e EnvironmenE and Energy committee will meet at 10 o'clock in Room 400 tomorrow morninge as opposed to o 'clock,  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 and I would like the Calendar to so reflect that.

PRESIDING OFFICER: (SENATOR DeANGELIS) Comnittee Reports.

Senator Hawkinson, Chair of the Committee on Judiciary, reports Senate Bills 635, 836, 866, 958, 972, 989 and 995 Do Pass; and Senate Bills 147: 940, 983, 1129 and 1204 Do Pass, as Amended. Senator Elemm, Chair of the Committee on Local Government and Elections, reports Senabe Bills 284, 507, 774, 821, 1111, 1193, 1194 and Do Pass; Senake Bills 441, 822, 850, 932, 947, 948, 951, 956, 974 and 1066 Do Pass, as Amended; and Senate Amendment l to Senate Bi11 80 Be Adopted. Senator Weaver, Chair of the Commlttee on Rules, reports the following Legislative Measures have been assigned to committees: Referred to the Conmittee on Environnent and Energy - Senate Amendment 2 to Senate Bill 1827 to the Committee on Executive - Senate Amendment l to Senate Bill 6797 and Be Approved for Consideratlon Senate Amendment 3 to Senate Bill 212, Senate Amendment 3 to Senate Bill 326, and Senate Amendment 2 to Senate Bill

PRESIDING OFFICER: (SENATOR DeANGELIS) On page 4 of Eoday's Calendar is the Order of Senate Bills 3rd Reading . Will the Members please arrive on the Floor? Senatcr Hawklnson. Senate Bll1 5. Read the bill, Madam Secretary.

Senate Bill 5. (Secretary reads title of b111) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hawkinson.

Thank ycu, Mr. President. Senate Bill 5, sponsored by myself 8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 1995 and Senator Jones, is -- is the new rules regarding the permanency hearing officer legislation. This arose initially a year ago January, 1994. The Governor's Office, the former Chief Judge of the Circuit Court in Cook --. Cook County, the four Legislative Leaders and the forner Chairman of the Cook County Board convened a task force that Senator Dunn and myself and others participated in: to deal with the juvenile justice system in Cook CounEy. Last year we passed legislation that had permanency planning hearing officers ln that process. That process has been observed now, in operation for over a years -- over a year, and -- and based on that experience, the Governor's special council, the Clrcuit Court of Cook County and others have reached an agreement on these permanency planning amendments which we think Will go a long way toNards improving khe juvenile system ln Cook County and these permanency planning hearings. I Would ask for your support on Senate Bill 5.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall Senate Bill 5 pass. Those in favor w1ll vote Aye. The opposed Will vote Nay. The voting is open. Have al1 voted who Wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. 0n that question, there are 58 Ayes: none votlng Nay, none votlng Present. Senate Bill 5, havfng received the requlred constktutional majority, is declared passed. Senate Bill 21. Senator Butler. Take it out of the record. Senate Bill Senator Fawell. Read the bill, Madam Secretary.

Senate Bill 34. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell.

9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22z 1995 Thank you -- thank you very much. The amendnent beclmes the ' I bill and it says no persons may make or receive payments for I circulatins a petition if any part of the payment is based upon the number of signatures solicited or procured. This was brought to ny attention by a Tribune article, that certain Members of my Party were asked to pass petitions and get paid for them. The only opposltion that I have heard fron is from *he LaRouche Party. And I would ask for a favorable vote; be Willing to answer any questions.

PRESIDING OFFICCR: (SENATOR DeANGELIS) Senator Garcla, of the LaRouche Party.

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

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says she will. SENATORGARCIA: 1 Thank you. Senator Fawell, can you explatn to me What constltutes a payment, in this case?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Eawell.

Money.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Garcia.

Does this mean only cash or checks? What about other l f ncentiveslikegroceries,food,autoparts,astereo, color TV# 1 thingsofthatsort? j

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell.

I 10  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22y 1995 No. What we're talking about is -- is cash on the barrelhead, when samebody goes and pays for the signatures on a petition.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Garcia.

Thank you. -- have no objection to the specificatton that cash certainly not be used, because I agree, I think, wieh the intent of the bill. But I think that we may want to consider looking at this a kittle bit more profoundly before we move it# because think We ought to be as specific as possible. Thank you.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. too, an a little confused. Senator, would you yield for a questionz please?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator says she will.

Whenever the person circulates the petition, are you saying the person signln: the petition can 't get paid or the person circulatkng the petition cannot get paid?

PRESIDING OFFICER: (SENATOR DeANGELJS) SenaEor Fawell.

Circulate the language says circulating. The reason this particular language is belng used is there have been a number of states that have attempted to do this, and there 's always been a constitutional question and the Supreme Court has knocked down other language, such as I had ln the original bill. This is the only language that has been so far upheld by the courts. 11 : I ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22z 1995 PRESIDING OPPICER: (SENATOR DeANGELIS) E Senator Jacobs. I I SENATOR JACOBS) I 1 That was -- that was my next question. I know I had looked at I introducing sone legislation. In fact, I did introduce it, and I'm l holdin: it because I have concerns of the constikutional issues of 1 I free speech, and that was to limit hoW much onê can -- can spend in a senatorial or legislative campaign. There's always the ' age-old argumgnt, when you tell somebody else in the private sector hoW they can spend their money, you are violating their rights. And I think, under any clrcumstances, to say that you cannot pay -- and I don't pay for these things; I go out and do them myself. But the polnt of the matter is, is that When you limlt somebody's ability to purchase, you also linit their abiltty to free speechr and that's a problem that I have with your -- your piece of legislation. I don't know if itls an overriding problem, Senator, buk it's one Ehat I -- I have a definite concern with. PRESIDING OFFICER: (SENATOR DeANGCLIS) Senator Fawell, to close. SENATOR FAWELL: Thankyouverymuch. Tbislanguageismodeledonstatutes in 1 Maine: North Dakota and Washtngton State. I think it's time that 1 -- that is -- this is done. 80th parties have spent a great deal of -- of money knocking off pêople who have gone out and hired even out-of-state people to come in and pass petitions. We certainly had it Nith the Steve Baer incidenk. I thfnk this ig good bill. It'1l sKop some of this praceice, and I ask for your Ayevote. 1 1 PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall Senate Bill 34 pass. And Ehose in j favorwillvoEeAye,andtheOpposedkillvoteNay. Thevotingis 1 1 open. Have all voted gho wish? Have a11 voted Who wish? Have I I 12  STATE OF ILLINOIS 89TH GEKERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 a1l voted who Wish? Take the record. On that questionz there are ' i 54 Ayes, none voting Nay: 2 voting Present. Senate Bill 34, : I having received the required consKitutional majority, is declared ! I passed. Senator Maitland, do you wish Senate Bill 50 returned to 1 2nd Reading for the purpose of an amendment? Senator Maitland seeks leave of the Body to return Senate Bill 50 to khe Ordet of 2nd Readtng for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bil1 50. Mr. Secretary -- or, Madam Secretary, excuse me, are there any Floor amendments approved for consideration? ACTINGSECRETARYHAWKER: . 1 I . 1 Floor Amendmenk No. 1r offered by Senator Maitland. I 1 PRESIDING OFFICER: (SENATOR DeANGELIS) J I I senatorMaitland,toexplainyouranendment. j ssxhToRMAITCAND: 1 Thankyouverymuch,Mr.PresldentandMembersofthe Senate. 1 1 Senate AmendmentNo.1makesthebilltakeeffectin2002,rather j than 1998. There Was obviously some concern that We were 1 affecting the regional superintendents that were elected in -- in November of '94. The -- the concern was -- Was recognized, and so I I we nade the -- make the ehange and I would -- would move for the I i adoption,Mr.President. j I PRESIDING OFFICER: (SENATOR DeANGELIS) I A11 those in favor of Flpor Amendment No. l to Senate 3ill 50, say Aye. Al1 those opposedz say No. The Ayes have it. Any other Floor amendments approved? ACTINGSECRETARYHAWMERS 1 1 No furtheramendmentsreported,Mr.Presldent. j

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd ' Reading. Senate -- RTVL, from St. Louis, requests I j permissionto tape. Isleavegranted? Leave isgranted. Senator j -- Senator Pekka, on Senate Bi11 69. Read the bill, Madam I 1 13  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLX . REGULAR SESSION SENATE TRANSCRIPT . 30th Legislative Day March 22, 1995 Secretary. ACTING SECRETARY HAWKER: I senate Bil1 69. ! J I . (Secretary reads title of bil1) 1 3rd Reading of the bill. PRESIDING OFFICER: (SZNATOR DeANGELIS) Senator Petka, to explain his bill. SENATOR PETMA : Thank you, Mr. President, Members of the Senate. Senate Bill 69 Would permit a State's attorney in Illlnois to move for a discretionary transfer to adult court for a minor ten to twelve years of age who is charged with the offense of first degree murder. This amends the Criminal Code of the State of Illlnois to permit criminal prosecutions of -- of what are now referred to as minors, who are ten years of age, eleven, and twelve . Perhaps a little history is in order. Before we recodifled our current law, Illtnois had an infancy rate for all crimes of ten years old. In 1961, we raised the age of lnfancy in Illinois to thirteen. There Was a very humane reason for doing this. At that time we were trying to shield those of -- uho might be perceived of tender years from thelr own physical and emotional and tntellectual immaturity. Unfortunatelyr the realities of 1995 lndicate that the reasons for the bill are that thae exclusion no longer exists. And because of that, Mr. President, Members of the Senate, I believe that Senate Bill 69 is in the best interests of the people of the State of Iltinois. PRESIDING OFFICER: (SENATOR DeANGELIS) The question isz shallSenateBill69pass Those in favor 1 . 1 will vcteAye. The opposed,voteNay. The voting ts.open. Have 1 a11 voted who wish? Have all voted Who Wish? Have al1 voked Who I i I wish? Take the record. On that question, there are 49 Ayes: none I I I voting Nay, 5 voting Presenk. Senate Bill 69, having recelved the 14  STATE OF ILLIXOIS 89TH GENERAL ASSEMBLY . REGULAR SESSION SEHATE TRANSCRIPT 30th Legislative Day March 22, 1995 ' I required constitutional majority, is declared passed. Slnate 3ill ! 78. Senator Rauschenberger. Take it out of the record. Senate 1 I Bill 80. Senator Raica . Read the bill, Madam Secretary. Senator I I Raica, do you Wish thfs bill returned to 2nd Reading for purpose of an amendment? Senator Raica seeks -- the leave of the Body to return Senate Bill 80 to *he Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave ls granted. On the Order of 2nd Reading is Senate Bill 80. Madam Secretary, are there any Ploor amendments approved fcr consideration?

Floor Amendment No. 1, offered by Senator Raica.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Raica, explain your amendment.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. What Amendment l does to Senate Bill 80 is make the bill very specific to my districty Senator Molaro's district and Senator Viveritols disErict, in addin: the definition of -- or the geographic boundaries of Mccook and very speciflc to *he Mccook project. And that's what this amendment does.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Raica has moved the adoption of Floor Amendment No . 1 to Senate Bill 80. A11 those in favor, say Aye. Opposed, say No. The amendment passqs. Any further amendments approved for -- for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senate Bill 83. Senator Sieben. Senator Sieben. Take it out of khe record. Senate B111 86. Senator PaWell. Read the bille Madam Secretary.

! 15  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION I SENATE TRANSCREPT 30th Legislative Day March 22, 1995 ' Senate Bill 86. : (Secretary reads tltle of bill) 3rd Reading of the blll. I I PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Pawell.

Thank you very much. This is a bill that was brought to me by Cleo Terry, who used to be the Director of DCFS, and she's noW the Director of the Bensenville Home Society. When she got up there, she noticed that peopke who apply for a child Who is born in a foreign country, before they :et that child and -- and, first of all, they have to beaome foster parents for that chlldz Which is sort of dunb, but that's the way it is. And they have to have their fingerprints run through the INS, Which is *he -- now, and I called the INS and I found out they ran those fingerprints in truth through the -- through the PBI files. What we then ask the parents to do is again submit their flngerprints, and again we submit them r only this time we submit them to the FBI, When they want to adopt this child. Now , it's the same fingerprints, and what this does is eliminate sending them through the FBI the second time. It'11 be a cost savinqs to the State. It Will allow these parents to get -- adopt these children much quicker. It will stop us from having to pay foster care payments while this pracess is going ahead. And if I -- if you have any questions, 1'11 be glad to answer them . PRESIDING OFFICERI (SENATOR DeANGELIS) Senator Welch. SENATOR WELCHI I had a question of the spcnsor.

FRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says she w11l yield. I SENATOR WELCH: I I 16 I . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22# 1995 Senator Fawell, have -- have there been any instances where the State Police have caught or -- or found foster parents who ' I should not have been adopting children because of the fingerprint i check? I . I PRESIDING OFFTCER: (SENATOR DeANGELIS) 1 It is very noisy here. Please keep your activities to a minimum , and those who ought noE to be on the Flocr, please get I off. Senator Pawell, go ahead. SENATOR FAWELL: It's not on. PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Fawell. SENATOR PAWELL: What We have done is, we have put the State Police back in with an amendment, so that part is taken care of. This is supported by DCFS. It's just a matter of trying to get this process done quicker. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch. SENATOR WELCH: So: this still only applies to parents adopting chlldren who are born in foreign countrtes. Is that correct? Okay. PRESIDING OEEICER: (SENATOR DeANGELIS) Senator Garcia. SENATOR GARCIA: Thank you, Mr. President. Will the sponsor yleld? PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says she Will. SENATOR GARCIA : SenatorPawell,istbepurposeofthisbillto speed up the 1 adoptionprocess for foreign-born children? 1 1 PRESIDING OFFICER: (SENATOR DeANGELIS) I ! 17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 I I I Senator Fawell. i i SENATOR FAWELL: 1 1 J yes. 1 I PRESIDING OPFICER: (SENATOR DeANGELIS) 1 Senator Garcia.

That's what I thoughtp and I think that this is a good bill and I urge any Aye vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall Senate Bill 86 pass. Those in favor Will vote Aye. The opposed will vote Nay. The voting is open. Have a1l voted who wlsh? Have all voted who Wish? Have a11 voted who wish? Take the record . On that question, there are 58 Ayes, none voting Nay, none voting Present. Senate Bil1 86, havlng recelved the required constitutional majorlty, is declared passed. Senator Sieben wishes leave to return to Senate Bl1l 83 that we just passed. Senator Sieben, you have leave. Madan Secretary, please read the bill.

Senate Bill 83. (Secretary reads title of bill) 3rd Readtng of the bill.

PRESIDING OFFICZR: (SENATOR DeANGELIS) Sen#tor Gleben. .

Thank you, Mr. President, Ladies and Gen*lemen of *he Senate. Thës legislation does amend the Unemployment Insurance Act so that the Director of that Department is allowed to give information to local 1aw enforcement agencies in the natter of apprehending criminals. It comes at *he request of the State's Attorney in WhltesideCountyandSenatorJacobs. SenatorJacobs and I have l I Worked together to prepare this legislation. I know of no 1 1 18 ' I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Leglslative Day March 22, 1995 opposftion. I'd ask for an Aye vote. I PRESIDING OFFICER: (SENATOR DeANGELIS) ' The questkon is, shall Senate Bill 83 pass. Those ln favor ' ' will vote ''K' Ave. The '*''*' oDDosed, vote Nav. '*' The votino''' is ''' open. Have i j a11votedwhowish? HaveallvotedWhowisb? Haveal1voted Who 1 wish? Take the record. On that questione there are 56 Ayes, none votin: Nay, none voting Present. Senate B(ll 83r having received the constitutionat majorlty -- required constitutional najority, is declared passed . Senator Fawell, on Senate Bill 89. Senator Fawell. Read the bill, Madam Secretary . ACTING SECRETARY HAWKER: Senate Bill 89. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell. SENATOR FAWELL: Thank you very much. This is a bill I'm sure you dve al1 heard about. You 've all gotten letters from my constituents. This changes the observance of -- of Ralloween to the last Friday in the month of October. In addition to the reasons why the children want this bill, there are -- there are a cauple of oEher reasons. Number one, the teachers have told me, quietly, part of the problem ls these children are so full of sugar that they cannot teach them *he rest of the week. And so they 'd rather bave the parents put up with that than -- than the schools. And the second thing is, of course: daylight saving time ls also still on. Does not change Halloween, per se. Of course, Halloween is -- is the Hallows' Eve, but it does observe the observation of Halloween. And for my cherubs back ln Glen Ellyn, I wish you'd vote for this bill, so I can send it over to the House and let them do as *hey 1 will. ! 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANECRIPT 3Gth Legislative Day March 22, 1995 I PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Geo- Karis. I SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, I think thlé is a very good bill, because making it the last Friday of October would be very sensible. The kids are out of school on Saturday. rhey can go ahead and treat to their heart's content on Friday. And it's a much more sensible bill than having the kids go în the middle of the week and causing more problems for chitdren getttng up the next morning to go to schaol and so forth. So I'm speaking in favor of the blll and hope it passes. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Molaro. SENATOR MOLARO: Thank youz Mr. President. Will the sponsor yield? PRESIDING OPFICCR: (SENATOR DeANGELIS) Sponsor says she will yield . SENATOR MOLARO: Why -- What was the reason We didn't pick Saturday? PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Fawell. SENATOR FAWELL: The -- this -- this Was the children's idea. And they are dressed up in their Halloween costumes on Priday, and -- and they picked the Priday. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Molaro. SENATOR MOLARO: Which -- Nhich children? No. The reason I bring it up: and I.m trying not to be funny here, îs, obviously, When they get out of school on Friday, if we fre going to do this, wedll probably have al1 these kids qetting out on Friday. They're not getting off 20 . . . - . . -... - - ' .... .... ... . . . .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 school. They would come home. By the time they go out, does get dark, and there you have a 1at of them going out at night. If it were a Saturday -- if wefre actually going to take the time and pass a 1aw doing this, on Saturday, we made that Halloween, they could go out during the day on Saturday. This way we'd get al1 these trick-or-treaters and youn: kids not out on Friday night. So what was the reason Friday instead of Saturday?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell.

assume was just because they were eager to get out as qulekly as possible and get as much candy as possible. you know I -- honestly -- I'm honestly not sure. -- I -- -- What -- what attracted me to the bill at a11 was the fact: daylight saving time is still on. Having grandchildren that went out last week, I always thought it was kind of dumb that -- that Halloween always came in right after daylight saving kime went off. PRESIDING OFFICER; (SENATOR DeANGELIS) Senator Syverson, for what reason do you rise?

just wanted to answer Senator Molaro's question. It Was very really very simple. Bev was contacted by many pastors and priests, and they dtd not want the kids bouncing off the walls Sunday morning in church after eating candy a1l night. And that's Why they chose Friday night so they could be at home, sc we as parents can suffer al1 day Nith the kids. Very sinple.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Walsh.

Thank you, Mr. President. Well, I stand in opposition Eo this bill, and one of my concerns is a law-enforcement concern. can 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22r 1995 remember a -- a couple of Halloweens that -- that came on -- on Priday were alWays usually wilder Halloweens not myself, bu* some of the kids in the neighborhood. can remember being a little bit a little bit crazier. So. I think that just for a 1aw enforcement slde of it. I think it's a good idea though that this bill, it does pass, does come before daylight savings time goes into effect, so Ehere wl1l be an hour longer of -- of daylight. However, we could pcssibly take a lcok at changing daylight savings time to being a week later and having the -- the same effect.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Parker.

Thank you, Mr. President. Want to compliment the sponsor of the bill for her efforts, because she did come before a group of schoolchildren and her intentions are good. However, T stand in opposition to the bill for two reasons. First of allr because we are herer at the State levelr again trying to tell the local municipalities when they should actually say that they would like to have HalloWeen, because noW that is actually done by the local governments and the local villages. Second, I want to speak on behalf of the mothers who Nork and the parents. Because remember in my area where livee where they did have on Friday, where Halloween was aetually going ta be on Saturday and how the parents were upset and the mothers were upset because finally on Saturday, they could be home with their ûhildren for Halloween, and have that enjoyment and then they -- they shifted it over to Friday . So on behalf of the parents, -- I would ask you to opposg the bill and on the behalc of the municipalities. However, I do give credit Eo the children and Ehey -- they are learning the process of hoW ycu do or you da not get a law jassed ln the State of Illinois. Thank you. 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 ; PRESIDING OFEICER: (SENATOR DeANGELIS) i ; St l ation WSEC wishes permission to vldeotape the proceedinqs. I Is leave granted? Leave is grantdd. Senator Burzynski.

Thank you, Mr. Preskdent. 1: too, rise in opposition to this ' blll. I commend the children of -- of Senator Fawell's district for beconing involved and expressing their concerns and being a part of the political actlvity here ln Springfield. But for communities such as mine, this bill is very prohibitive and certainly creates a lot of concern. In Sycamore we have the Annual Pumpkin Festival, where we have about a hundred and thirty thousand people in our community over that weekend prior to. And lt certainly would create some concern for me having children out on the street trick-or-treating Nhen we have that many people. So I would urge a No vote on this particular leglslation.

PRESIDING OFFICER: (SENATOR DeASGELIS) Any further discussian? Senator Fawellr to close.

Thank you very much. You know, this is an effort of -- of a group of students, third gradersr Who did ask that this be done for us. They are watchlng this process. You might be interested in knowing that CBS, NBC, WGN, WGN-TV have also al1 contacted me about thisz along with the Tribune and the Herald and a few other newspapers. And 1 see that a number of them are here in the press. They -- the Candy Association also: by the Way, has been - - has come ouE in favor of this. Turns out Ne are the - Which I did not know - We are *he candy capital of the United States, and so they have actually come out in favor of this. I would appreciate an Aye vote and let my poor Rep over in the House deal with thks, and let's show *he kids we are truly ùaterested Ln What they are doing.

PRESIDING OFFICER: (SENATOR DeASGELIS) 23  STATE OF ILLINOIS . 89TH GENERAL ASSEMBLY I REGULAR SZSSION SENATE TRANSCRIPT i 30th Legislative Day March 22, 1995 1 1 The question is# shall Senate Bill 89 pass. Those in favor j will vote Aye . The opposed will vote Nay. The voting is open. 1 i H 1 avea11votedwhowish? Havea11votTake edwho who Wish? Have a1l voted who wish? Wish? Havea1lvoted the record. On that . 1 questlon, there are 20 Ayesr 31 Nays, none voting Present. Senate Bill 89r having no* received the required constitutional majority, is declared failed . Senator Sieben. Senate Bill 111. Read the bill, Madam Secretary .

SenaEe Bill 111. (Secretary reads title of bl1l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senatar Sieben.

Thank you, Mr. Preskdent and Members of the Senate. This leglslation was requested by the Chief of Police in the Clty of Freeport, who asks that the criminal damages to a city police car be made the same as criminal damage to a State police car. And that's alk thts bill does. It Nculd make the criminal penalty the same for damage to a city police car that Ne impose on damage to a State police car. I'd ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall Senate Bill l11 pass. Those in favor Will vote Aye. The opposed, vote Nay. The voting is open. Have a11 voted Who wish? Have al1 voted who wish? Have al1 voted wha wish? Take the record . On that questton, there are 57 Ayes, none votlng Nay: none voting Present. Senate Bill 111, having recelved the required constitutional majorityy is declared passed. Senate Bill 112. Senator Woodyard . Read the bill, Madam Secretary.

Senate BlLl 112. 24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 (Secretary reads title of bill) I 3rd Reading of the bill. i PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Woodyard .

Thank you, Mr. Prestdent, Members of the Senate. The bill was 1 . requested by the Chairman of the County Board of Iroquois Counky dealing with per diem on county regional planning commission members. I believe that Iroquois County is probably the fourth-largest geoqraphical county in the State and theydve had problems trying to get members on the commission. They wanted a permissive authorization to be able to pay those -- those members per diem. The committee felt that we should cap that. We came back With an amendment saying that it could be no more per diem than the county board members themselves actually get. That's what the bill does. I'd be glad to answer any questions or solicit your Aye vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall Senate Bill l12 pass. Those in favor will vote Aye. The cpposed Will vote Nay. The voting ls open. Have a11 voted who Nish? Have all voted who wlsh? Eave al1 voted who wish? Take the record . On that question, there are 57 Ayes, none voting Nay, none voting Present. Senate Bill 112, having received the required constitutional majority, is declared passed. Senate Bill 124. Senator Dlllard. Senator Dillard. Take it out of the record. Senate Bill 141. Senator Woodyard. Senator Wcodyard. Take it out of fhe record. Senate B1ll 146. Senator Hendon. Read the bill, Madam Secretary.

Senate Bill 146. (Secretary reads title of b1l1) : 3rd Reading of the bill. i 25  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislatlve Day March 22, 1995

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hendon.

Thank you, Mr. President. This measure Will take a -- Rake sure that a person who is convicted of criminal sexual abusey or criminal sexual assault, against a minor would not be able to change their name while in prison Nithout going through the same process as someone who has a felony conviction for a very grievous crlme such as this can do. And this is just to protect the children Eron people who have raped or sexually exploited a child, from being able to change their name and come out and do it again. And I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall Senate Bill 146 pass. Those in favor will vote Aye. The opposed will vote Nay. The voting is open. Have al1 voted Who wish? Have all voted Who Wish? Have all voted who wlsh? Take the record. On that question: there are 58 Ayes, none voting Nay, none voting Present. Senate Bill 146, havtng received the required constitutional majority, is declared passed. Senator -- 161. Senator Culterton. Take (t out of the record. Senate Bill 162. Senator Klemm. Senator Klemm. Read *he blll, Madam Secretary.

Senate Bi1l 162. (Secretary reads title of btll) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Rlemm.

Thank you, Mr. President, Ladies and Gentlgmen of the Senate. Senate Bill l62 codifies the Gasoline Storage Act by allowing the political subdivisions, Which Would be your municipali*ies, ec 26  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislatlve Day March 22 z 1995 I have restrictionsy as far as zoning goes; that they would have to meet the zoning requirements of a municipality before aboveground storage gasoline tank would be placed. As you know, the State FireMarshal regulates it noW. The State Fire Marshal has 1 concurrently given municipalities those rights, and we wanted to codify it so that there'd be no misunderstanding that it's just for the zoning and it -- and it's limited to that. The amendment took out the concerns about regulations that was too restrictive. We allow the Fire Marshal to find out about the safety and the storage of those aboveground tanks. This Nould prevent, perhaps, a storage tank going into a residential area that is not appropriate. This allows Ehe municipalities and the State Fire Marshal to Work concurrently together. And Ir with the amendmenty removed a11 the objections that we were aware of, and I do ask for your support.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Donahue.

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

PRESIDING OFPICER: (SENATOR DeANGELIS) Sponsor says he will yield.

Senator Klemm, in committee we had -- the Illinois Farm Bureau had some concerns about this. Have we resolved and answered their questions, and have they removed their opposition?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm.

Yes. At the committee, I gasn't aWare that they had -- had an oppositlon to 1t. I did talk to them prior -- or after the commlttee on March 16th, at 11:12 a.m . Talked to Mr. Rae Payne. He said with the amendment they were comfortable now with the 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legkslative Day March 22: 1995 bill. It took away their objections and they have no objection no longer.

PRESIDENG OFPICER: (SENATOR DeANGELIS) The question 1s, shall Senate Bill 162 pass. Those in favor will vote Aye. The opposed Will vote Nay. The voting ls open. Have a11 voted Who Wish? Have al1 voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 58 Ayes, none voting Nay, none voting Present. Senate Bill 162, having received the required constitutional majority, is declared passed. Senate 3ill 167. Senator Klemm. Read the bill, Madan Secretary .

Senate Bill 167. (Secretary reads title of bill) 3rd Reading of the bl11.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 167 amends the Medlcare plan to utilize the use of local public health departments through the inclusion of Willing providers. Currently, Illinois has eighty-nine Department of Public Health-certified local health departments servlng nearly ninety-nine percent of the State's population with essential public health services. What Senate Bill 167 does is to alkow those public health departments to be included under the services of a managed care entity under the Medicaid Plan Plus. The vast majority of the services are requlred to be covered by the managed care entity and we'd like to include the local health entlties if we canr and that's what the bill does.

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

28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22: 1995 i Mr. President and Ladies and Gentlemen of the Senate, I want ' I to declare that I have possibly a conflict here because I do -- am a member of a hospital board and I do work for a hospùtal. But I I I'm going to vote my conscience, and I support the bill. I

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Rauschenberger.

Thank you, Mr. Presldent and Members of the Senate. As one of the people who was involved in the negotiatlons of *he Mediplan Plus, and as we Worked through tbe issues af any willing provider, I'd just notify Members of the Chamber that by passlng this bill you're reopening the negotiations and -- and changlng the dynamics of Mediplan Plus. This -- this b1ll does not permit, it mandates the inclusion of public health departments as in any Willing -- in the any-willing-provider clause. Currentlyr if -- if the HMO decides or lf the Department decides, they can negotiate with county departments of hea1th. By broadenlng the any-willing-provider clause, you make it more difficult to manage care in the State of Illinois. There are lots of groups who requested and Worked very hard to be included in the any-willing-provider language. I would suggest that the sponsor has the best intentlons, Ehat there 's absolutely nothing Wrong with county health departments, but they should contract and negatiate for their right to be a provider. We should not includq them tn the any-willing-provider language. The effect of this will be Eo open up Ehat clause again and you could very well see an avalanche of bills as people try to use *he legislatlve process to avoid the negotiation process. I would urge everyone to -- to thoughtfully vote No .

PRESIDING OFFICER: (SENATOR DeANGELIS) Any further dlscussion? If not, Senator Klemm r to close. SENATOR KLEMM: ' 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 Well, thank you, Mr. President. What welre trying to do is include the local health departments which provide the services that are required by the managed care entities. When we talked about it, over one-third of these local health department agencies are certified to provide home health agencies, which is one of the requirements. The services that they provide are required. We don't believe they should be excluded and theylre not included in the negotiations. This bill would requlre that they be included as a willtng provtder. Now, some local health departments, if theydre unable to provide those servlces, would not be included. It's just those that can do the services. And it seems to me that it's logical that can take a local health department that has lower costs, been able to provide greater services, that can meet those requirements, to 1et them be used. Theydre locally accessible to everyone. I know they serve a great deal of minoritkes. I understand that, and they need the service. To exclude them, even if they have the servlces available, would be a drastic error. We at least have to include those local health departments that have already been lncluded by the Department of Public Hea1th. And I do ask for your support on this important legislation.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question isr shall Senate Bill l67 pass. Those ln favor Will vote Aye. The opposed Will vote Nay. And the votin: is noW cpen. Have a11 voted who wish? Have a1l voted Who wish? Have all voted who wish? Take the record. On that question, there are -- ehere are 50 Ayes, 5 voting Nayy none votin: Present. Senate Bill 167, having recelved the required constlEutlonal majority, is declared passed. Senate Bill 169. Senator Syverson. Take it out of the record. Senate Bill 175. Senator Klemm . Senator Klemm , While you're on a roll. 175. Read the bill, Madam Secretary. 30  STATE OF ILLINOIS 89TH GENERAL ASSEM3LY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995

Senate Bill 175. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm .

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Last year We -- you helped us pass the Employer Notification Law that was to have that those employees of schools, or Working Wkth young people, who are convicted of sex or drug offenses, that their emplcyer be notified that they had that conviction. We found out that if We expand that notlftcation for at least those who are in the school system , that at least that notification should be sent to the regional superintendent of education and they, in turn, should send a notice to the State Board of Education. We needed to be able to have the consolidation of at least somebody knowing that somebody had been convicted of those serious crimes. And all this does is ask for that nottfication to be sent to the school officlals.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Molaro.

Sponsor yleld?

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he will.

Our analysis saysy if you --tf you're gtven court supervision, you still are part of this particular blll. Is EhaE Erue?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm .

31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22g 1995 Yes, that Was included last year.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Molaro. The question is, shall Senate Bill 175 pass. Those in favor will vote Aye. The opposed Will vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that questionr tbere are 56 Ayes, none voting Nay, l voting Present. Senate Bill 175, having received the required constitutional majority, is declared passed. Senate Bill 177. Senator Welch. Senator Weleh. Take it out of the record. Senate B111 182. Senator Rauschenberqer. Take it out of the record. Senate Bill 203. Senator Trotter. Take it out of Ehe record. Senate Bill 207. Senator Watson. Read the bill, Madam Secretary.

Senate Bill 207. (Secretary reads title of bill) 3rd Reading of *he bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Yes: thank you, Madam Presldent. This bill does exactly What the -- the Calendar says. The dollar figure that's attached to it is the one-hundred-dollar figure for a full-time s*udent and fifty dollars for part time. It increases the Monetary Ayard Progran maximum grant to thirty-nine hundred dollars for full timer and one thousand nlne hundred and fifty dollars for part tlme. The -- the four-million-dollar fiscal impact is in the Governor's budget. He does support the legislation, obvlously, and so do a11 the Members of the Higher Education Committee Nho -- who vated for this. IE passed out unanlmously. I would appreciate your support.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, th9 32  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 question is, shall Senate Bill 207 pass. Those in favor will vote Aye. Oppos'ed, Nay. The voting is open. Have all voted Who Wish? Have a1l voted who wish? Have al1 voted Who Wish? Take the record. The Ayes are 58, the Nays are 0, none votlng Present. Senate Bill 207, having recekved the required constktutional majority, is declared passed. Senator DeAngelis, do you wish to have Senate Bill 212 returned to the Order of 2nd Reading for the purposes of an amendment? Is leave granted? Leave is granted . Senate Bill 212 is on 2nd Reading. Madam Secretary, read the b111 -- or, have there been any amendments approved for consideratlon?

Amendment No. 3, offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAnqelis, on Amendment No. 3. SENATOR DeANGELIS: Thank you, Madam President. Amendnent No. 3 is purely a technical amendment. It clears up a -- an error ln the bill. This bill applies to the City College of Chicago. It was placed fn the collar county Sectlon and now is put in the Cook County Section to correct the problem.

PRESIDING OFPICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, al1 those in favor, say Aye. Opposed, Nay. The Ayes have it and the amendment is adopted. Are there any further amendments approved for consLderation?

No further amendnents reported, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Sgnator Thomas Dunn, on SenaEe Bl11 227. Read the bill, Madam Secretary.

Senate Bill 227. 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legëslative Day March 22, 1995 (Secretary reads title of bill) I 3rd Reading of the bill. ! PRESIDINGOFPICER: (SENATOR DONAEUE) 1 Senator Dunn. SENATOR T. DUNN: ! Thank you, Madam President. Currently, the State is obligated to pay and to reimburse local school districts for the cost of tuitlon involving children that are orphans or dependents, abandoned or maladjusted children. The State has been failing to do this, and for the 1993-94 school year, the current arrearage by the State ts l.3 million dollars. This, in essence, turns out to be a mandate upon local schcol districts, that We mandate they educate these children, but we don't follow up with our own 1aw that says we must reimburse them. So this would correct this problem and take that money out of GRF every year, and ensure that these school distrlcts that are mandated to educate Would be fully paid.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscussion? Senator Rauschenberser.

Would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Rauschenberger. SENATOR RAUSCHENBERCER: . Is the sponsor familiar with House leqislation that passed b0th Chanbers and was signed by the Governor last year dealing wlkh Ehe orphanage line?

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Dunn.

Yesg and I don't Ehink it corrects the problem . 1 I

PRESIDING OFFICER: (SENATOR DONAHUE) 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR GEGSION SENATE TRANSCRIPT 30th Leglslative Day March 22, 1995 Senator Rauschenberger. I

I Didn't that legislatlon say that if the State Board falled in any given year to fully fund the orphanage liner that in the following year they would have to make up that appropriation first I out of their discretionary funds?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn.

! The answer is yes, but, mysteriously, they've never caught up. PRESIDING OFFICER: (SENATOR DONAHUE) 1 Senator Rauschenberger. ; SENATORRAUSCHENBERGER: 1 The -- the billdid notcontemplaEea --a -- abackfillingof l I past obligation. What it did contemplate was forward action to provlde it fully funded. Is this -- is this line not fully funded in this year's budget?

PRESIDING OFPICER: (SENATOR DONAHUZ) Senator Dunn.

That's correct.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.

Well, I appreciate the intentions of the sponsor, and I think iE's an lmportant thing that we -- that the State own up to kts obligations. I would caution Members cf the General Assembly that a continuing appropriation is -- is Eruly a very aggressive tool to use in dealing with any categorical. It's been used once by this Chamber: since I've been ' elected, to deal Nith the pension : fundlnq crisis, where the scale in proportlon was close to I thirteen billion'dollars. I would recommend that -- that the ' 35  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22# 1995 I General Assembly think very carefully before we begin taklng program by program and creating continutng appropriations. I -- I wou1d recomnend, as the Approprlatlon Chair and ln my knowledge of I i the budgek, that -- *hat. is not a necessary tool, particularly in 1 this case, when the House b1l1 last year dealt with the problem, and I Would recommend - although the sponsor is well-intentioned - a No vote. PRESIDING OFFICER: (SENATOR DONAHUE) i Senate -- or, further discussion? Senator Butler.

Thank you. Ladies and Genklemen, I rise in support of this blll. My district, I think, has the -- the largest insti*ution of this kind in the State; that's Maryville Academy. It is true, as Senator Rauschenberger poinked out, we were soing to kind of rob ; Peter to pay Paul, by taking money from the next appropriation to -- to back pay what was missed. I think this is a gccd idea. It finally sets tbis thing up for payment on a regular basis. ieep in mind, these kids are wards of the State and what we lre askin: to do: We're asking the school distriets to pick up the *ab that should be rightfully pald for by the State. So I Nould urge a Xes voteonthis. 1

PRESIDING OFFICER: (SENATOR DONAHUE) Any further dlscussion? Any further dlscussion? Senator Thomas Dunn, to close.

Thank you, Madam Presldenk. Well, to Senator Rauschenberger: Senator Rauschenberger, you are currently owed l.3 million dollars in your school distrlct and -- and I think that for those of us I who always talk about hoW We're not for unfunded mandates, this is i your opportunity to fund somethinq that we ordered local school districts to dov but We're not paying them. Put your money where I your moutb :s. Vote Yes. i 36  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Leglslative Day March 22, 1995 I PR i ESIDING OFFICER: (SENATOR DONAHUE) 1 Question is, shall Senate Bill 227 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wisb? Have al1 voted who wish? Have akl voted who wish? Take the record. On that question, there are 45 Ayes, 9 Nays, and 2 voting Present. Senate Bill 227, having recelved the required constitutional majority, is declared passed. Senator O'Malley, on Senate Bill 229. Read the bill, Madam Secretary.

Senate Bill 229. (Secretary reads title of bil1) 3rd Readlng of the bill.

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

Thank you, Madam Presldent. Senate Bll1 229, as amended, does the foltowing: Current 1aW prohibits possession of a key, toolr instrumentr explosive, device, drawing, print or mold of a key with the intent to use it to commit a theft from a coin-operated machlne. This bill adds substance -- the word ''substance'', since a salt solution is often poured into a vending machine to cause a nalfunction. There was an anendment that came out, as a result of the discussions in committee, that made the penalty for damaging the machlne the same as the criminal danage to property currently - - the -- the penalty currently tn existence under the law . There Wag also an expandgd dgfinitlon of Hsubstancef'. the effec* of which is it does not include items purchased through a coin-operated maehine at the location or acquired as condiments at the location of the coin-operated machine. Lastly, the legislation provides for a civil cause of action for treble damagesg similar to legislation that passed previously last year. PRESIDING OFFICER: (SENATOR DONAHUE) I 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Leglslative Day March 22, 1995 i I Is there any discussion? Any discussion? Senator Welch.

I have a question of the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he fll yleld, Senator Welch.

Senator O 'Malley, since youfre making this a felony, do you have any prison impact note or some -- some indication of how many more people will be going to prison because of this and what the cost would be of housing these individuals in prison for breaking lnto a Coca-cola machine?

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

I -- it's my understanding, Senator Welchy that because we made the penalty identical to the penalty associated With criminal damage to propertyy Ehat there ts -- there ts no ëmpact.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

I'm not sure I understand that. You dre -- youdre making -- what's the current penalty for breaking into a Coke machine?

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

It -- ik would be Ehe same. A Class 4 -- a Class 4 felony for over three hundred dollars.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

Well, then why do we need a separate piece of legislation dealing with vending machines if it's already criminal damage to 38  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRSPT 30th Legislative Day March 22e 1995 j property and you have exactly the same penalty? Isn't this redundant?

PRESIDING OPFICER: (SENATOR DONAHUE) Senator .O 'Ma1ley.

Senator Welch, We're attemptlng to make sure that the penalties were the same. That Was a11 we were up to.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

Well, wait a minute. You just said that they were the same; that if you damage a Coca-cola machine, it's treated as if it were criminal damage to property and noW you're saying that - well, just in case it isn't, we need this bill. Either it is or itts not. What's been *he history of individuals who broke into Coke vending machines? How many years have they gotten in jail? There must be..otnicrophone cutoffl...as a basis for this leqislatlon.

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

The -- the difference, Senator Welch, is -- is *he expansion of khe language that has to do Withr you know, a key, kool, instrument, explosive, device, drawing, print, mold of a key, et cetera, includlng a substance.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

Well, I've got a -- a note from the Department of Corrections, says that the correction impact note is tha* iE will have a fiscak impact of 1.263 million dollars. Where 's Senator Rauschenberger? He was the one who was just raising Cain about the last tWo bills ruining *he budget. Where is he on this one? He 's our -- he 's 1 39  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 our fiscal manager here in the Senate. Well, thls has a fiscal impact of 1.2 million dollars. So it's apparently not going to just continue existing law. It's going to nake a change and it's going to cost us money. So I'm not sure thaE those extra spaces that may be available in jail should be utilized to put people away for breaking into a local Coca-ccla machine. That seens to me to be not a Wlse choice of bed space.

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

Well just wanted to ask the sponsor a question, I might.

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

I don't see any definition of a coin-operated machine. Does that mean that if one of those penny gum -- gum machines -- is that ane of those coin-operated machinesy where you put a penny in and get some gum?

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

believe the answer to your question, Senator Demuzio, is yes. The only comment I would make about it is, I'm not -- as far as the criminal damage goes, it has to deal with -- three hundred dollars is the threshold for this -- for this particular criminal penalty to be involved.

PRESIDING OFEICER: (SENATOR DONAHUE) Further discussion? Senator Demuzio.

Well, yeah, there's -- some of those machines are -- are pretty big. So if it's over three hundred dollars, and you get into this bubble gum machine vith one of the devlces that are 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRAHSCRIPT 30th Legislative Day March 22, 1995 i I defined in your bill, like a screwdrlver or something, you're guilty of a Class 3 felony and -- you go to jail and do not pass go, and a1l that stuff?

PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Is that a questlon, Senator Demuzio? Further discussion? Senator Trotter.

Thank you, Madam President. Will the sponsor yteld?

PRESIDING OFFICER: (SENATOR DONAEUE) Indicates he'll yield, Senator Trotter.

Senator O'Malley, just looking at *he -- the bill iEself, we see here that this has -- this bill has tWo criminal intents. What intent are you proposing that a prosecuting attorney go after, since you have two intents here in the same Statute?

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

It's my understanding, Senator Trotter, that it would require two levels of intent. One -- one being -- and T know that's the question you 're gettlng to. One ës to actually have this tool or device that would be used to commit the crime, and then th9 actual use of that -- that tool in the commission of *he crime.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter.

So What we have here ls -- so lf *he defendant who is trying to damage a coin-operated machine, if we can get them on that and then, in fact, if we do catch them dolng that, then we have to look at the intent on if he Was intending to steal from the coin-operated machine? PRESIDING OFFICER: (SENATOR DONAHOE) 1 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 1995 Senator O'Malley. SENATOR O'MALLEY: Senator, I do no* understand your guestion. Would you please . repeat PRESIDING OFFICER: (SENATOR DONAHUE) If we could have your attention, please, folks. This some debate is being discussed. Let's keep it down. Senator Trotter. SENATOR TROTTER : And I guess part of tbat is because I don't understand the intent of this legislation. What -- what we see herer that we have two similar -- not tWo separate intents in the same Statute. So I'm just curious of what the prosecuting attorney What is he putting his hat on, as far as if he's going to try this kind of case? PRESIDTNG OFFICERI (SENATOR DONAHUE) Senator O'Malley. SENATOR O'MALLEY: Senator, there's a -- Senator, I'm going to -- going to defer to Senator petka on this question. PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley yields to Senator Petka . SENATOR PETKA: Senator: I hope I can answer your question. The underlying bill, before the amendment was adopted' ereated an addltional category of insErumentation that could be used in the offense of criminal damage to property. That eaEegory was a -- defined as a substance, which was -- Which is earried upon a personr which is sprayed into the machine itself. If you carry that subEtance With the intent to commit criminal danage to property, that -- that turns that Substance -- t1e use of that substance into a crime itself. It's not different -- or it's similar to Possession of 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 burglary tools. you have a screwdrtver in your pocket and you're caught near a -- breakln: into a car, ycu could be charged uith having the screwdrlver in your pocket, because an tnstrument that could be used in the commission of a burglary.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? All you have to do is put ycur light ony Senator Trotter.

But wculdn't it not intend there be intent separate -- have to be a separate Statute for you to proceed with that -- that kind of action for the screwdriver or for this substance that is being used?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka.

Nor sir. What -- what you are looking aE is the underlying offense. For exampley a person who ks commltting a burglary, the Statute has what we call a mens rea. Within the Statute itself, possession of -- the lnstrument, like a screwdriver or a pair of pliers, requires a different intent. That is the -- the possession of intent of that -- the intent to possess that instrumene for the purpose of committing a burglary.

PRESIDINC OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jacobs. SENATOR JACOBS) Thank your Mr. -- Madam President# Ladies and Gentlemen Of the Senate. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates they 'll yield, Senator Jacobs.

Senator' I see Nhere in the bill - and correct me if I'm wrong - if -- if it's still in there, that the owner of the machine may  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3Gth Legislative Day March 22: 1995 recover treble actual damages, reasonable attorney 's fees, and costs. Why Would if that's -- is thaE the case, sir?

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

Senator# that that language is still in the blll, even with the amendmenty and it's an attempt to create a civil remedy fcr *he owners of the machines.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

understand that. Having been in khe vending business many years agoy is frustrating uhenever you get a few machlnes broken into. But I have a little problem With -- with qiving Eriple damaqes for a machine. Sone of these machines can be qulte expensive anymore. Some of the machines can get up into the thousands and thousands of dollars, and when you're going to give then triple damages, it appears to me that that becomes a little bit of a windfall for the owner of the property. And I think that maybe treble damages may be a little bit hiqh, in this case.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any furtber discussion? Senator O'Malleyr to close.

Thank you, Madam President. I want to just make sure that I do clarify Senator Welch's remarks about the fiscal impact. I think the note that youdre referrlng koy Senatore in the estimate of a million two, ts over a period of ken years: and that -- that note was prior to the offering and -- and inclusion of the amendment. It's the opinion of our staff that there is not golng to be a fiseal impactz because we're not really changing the penalty, crtminally. And -- and this also had to do with the -- the -- the note ltself actually had to do with a -- a more 44  STAIE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Lègislative Day March 22, 1995 serious penalty than what's the legislation as it's amended. So I -- I Would request ycur support of thls legislation, and thank you very much.

PRESIDING OFPICER: (SENATOR DONAHUE) The question isy shall Senate Bill 229 pass. Those in favor Will vote Aye. Opposedr Nay. The voting is open. Have a11 voted who wish? Have a1l voted Who wish? Have al1 voted who wish? Take the record. On that questionr there are 48 Ayesr 3 Nays, 2 voting Present. Senate Bill 229, having received the required eonstitutional majority, is declared passed. That effectively eoncludes our Session for today. Senator Burzynski, for what purpose do you rise?

For the purpose of an announcement.

PRESIDING OFPICER: (SENATOR DONAHUE) State your point.

Just to rentnd the Members of the Committee on Executive Appolntments that wedll be neeting promptly at noon tomorrow in Room 212. Llke for al1 Members to be there promptly. as We go into Sesston immediately thereafter.

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

Point of personal privileqe, Mr. -- Madam President.

PRESIDING OFPICER: (SENATOR DONAHUE) State your point.

The Public Health and Welfare Commitkee will meet today at approximately 2:45: houever. there have been four Republican Members and twenty-one Democrat Members who have asked to have their bills held. I would just like to caution Members tha: if 45  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 they intend on moving the bills out of Public Health prior to the deadline, they're rigbt at that deadline r fcause Ehere's no possible way that We'd be able Eo move these bills they continue to put Ehem on hold. I uould only ask that the twenty-one Democrats that want those bills moved out consider movlng them out today or by the next meetins, because the Chair kill have no control after that and they may not meet the deadline, and I do not Want to be held responsible. So, in A-l of the Stratton, we will meet approximately 2:45.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio, for whak purpose do you rlse? Your mike 's onr sir. Senator Karpiel, for what purpose do you rise?

Thank you, Madam President. Just to announce that the Senate Executive Committee will meet at 2:30 in Room 212. Please be prompt. We 're going to get going early and fast, and hapefully get out of there soon. PRESIDING OFFICER; (SENATOR DONAHUE) Senator Hawklnsonr foT What purpose do you rise?

Thank you, Madam President. Purpcses of an announcement. Senate Judlciary Committee is in recess and will reconvene tomorrow, Thursday, at 3:30.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Madigan, for What purpose do you rise?

Thank you, Madam President. Purpose of an announcement, that the Senate Insurance, Pensions and Licensed Activities Committee uill meet at 2:30 in Room 400. We've got a lot of billsr and would ask a11 the Members to be prompt and on time. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further business? Any furkher business to come 46  STATE OE ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 30th Legislative Day March 22, 1995 before the Senate. If not, Senator Klemm moves that the Senate stand adjourned until 12:30. 12:30, Thursday, March 23rd. Senate stands adjourned. 47 ç -1 ! REPORT:TIFLDAY sTàTz OF ILLINQIS 95/06/08 i PAGE:001 89TH GENERAL AssEHaLy :6:36:11 ! : SENATE z/ l D&ILyTRANSCRIPTICNoFDEBATEINDEX 4' HARCH 22, 1995 8B-0005 THIRD READING PAGE 8 SB-0O3k THIRD READING PâGE 9 SB-O05O RECZLLED PAGE 13 38-0069 THIRD READING PâGE 13 SB-O076 TABLED PZGE 7 SB-0O80 RECALLED PAGE 15 88-0083 THIRD REâDING PAGE 18 SB-0O86 THIRD READING PAGE 35 SB-0089 THIRD READING P2GE . 19 SB-0111 THIRD READING PZGE 24 - SB-0112 THIRD READTNG PAGE 2: 3B-01)6 THIRD REZDING PAGE 25 SB-O162 THIRD READING PRGE 26 SB-0167 THIRD READIMG PâGE 28 SB-0175 THIRD READTNG PâGE 30 58-0207 THIRD READISG PâGE 32 88-0212 RECALLED PAGE 33 58-0227 THIRD HEADING PâGE 33 58-0229 THiRD REâDIVG PZGE 37 88-0245 SECOND REZDING PâGE 6 58-0246 SECOMD REâDING PZGE 6 88-0326 SECOND REàDING PAGE 5 S9-0Mk2 SECOND READING PAGE 3 SB-ORkR TABLED PAGE 7 88-05:9 SECOND REâDIKC PAGE V 58-0595 SECOND REZDING PACE k SB-070? TABLED PAGE 7 58-0805 SECOND READING PAGE 5 SB-1q24 SECOVD BEàDING PAGE 5 3R-00V0 RESOLUTION OFFERED PAGE 2 SJR-0O36 RESOLUTION OFFERED PAGE 3 SJR-0037 BESOLDTION QFFERED PAGE 3 SUBJECT HATTEH SENRTE TO ORDER - PRESTDENT PHILIP PAGE 1 PRâYER - THE REVEREMD DAREL FANSLER PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOUHNAL - POSTPONED PAGE 1 COHMITTEE REPORTS PAGE 1 MESSAGE FROM THE HOUSE PAGE 2 COHMITTEE REPOBTS PAGE 8 ADJOURNMENT PAGB 47 ? ! ! . L ' i . j