Illinois Senate Floor Debate — March 24, 1995

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

House Bill 549, offered by Senator Weaver. (Secretary reads title of bill) House Bill 686, by Senator DeAngelis. (Secretary reads title of bill) House Bill 729, Senator Rauschenberger. (Secretary reads title of bill) Senator Hawkinson offers House Bill 780. (Secretary reads tltle of bill) House Bill 855, presented by Senatcr Karpiel. (Secretary reads title of bl1l) House Bill 1511, by Senator Philip. (Secretary reads title of bill) House Bill 1696: Senatqr Weaver. (Secretary reads title of bill) House Bill 1816 ls offered by Senator Mahar. (Secretary reads title of bill) House Bill 1827, by Senator Hawkinson. (Secretary reads title of bill) Senator Dillard offers House Bill 1853. (Secretary reads title of bill) House Bill 1876, presented by Senator Syverson.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leglslative Day March 24, 1995 (Secretary reads title of bill) Senator O 'Daniel affers House Bill 2138. (Secretary reads title of bill) And House Bill 2248, by Senatcr Dcnahue. (Secretary reads title of blll) 1st Reading of the bills.

PRESIDING OFFICER: (SENATOR WEAVER) On the Order of Senate Bills 2nd Reading, on page remind the Members they should be moving their bills. Senator Dudycz, on Senate Bill 100? Out of the record. Senator DeAngelis, on 204? House <sic> Bills 2nd Reading. Do you wish to move the bill? Read the bi11, Mr . Secretary .

Senate Bill 204 . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. President .

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator Mahar r on 267:/ Out of the record . Senator Sieben , on 336? Out of the record . 337:2 Out of the reccrd . Senator Barkhausen : on 354:/ Out of the record . 355:/ Out of the record . Senator DeAngelis , on 368? Read the bill -- hold it. Out of the record . Senator DeAngelis , on 368 . Read the btll, Mr. Secretary .

ienat.e Bi11 368. (Secretary reads title of bill) 2nd Reading of the bill . The Committee on Revenue adopted M endment No .

PRESIDING OFFICER : (SENATOR WEAVER) Have there been any Floor amendments approved for consideration? 3  STATX OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 SECRETARY HARRY : No further amendments reported . PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Madiganv on 398. Read the bivll, Mr. Secretary. ' I SECRETARY HARRY: Senate Bill 398. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Activities adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Eloor amendments approved for consideration? SECRETARY HARRY: No further amendments reported. . PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Sieben? 431, Mr. Secretary. SECRETARY HARRY: Senate Bill 431. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Barkhausen, on 433. Read the bill, Mr. Secretary. SECRETARY HARRY : Senat.e Bill 433 . (Secretary reads title of bill) 2nd Reading of the bil1. No committee or Floor amendments. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Klemm, on Senate Bi11 4417 Senator Klemn; on 441? Out of the record . Senator... Senator Thomas Dunn : on 506:/ Out of the record . Senator Walsh , on 533? Read 4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leglslative Day March 24 r 1995 the b i11 , Mr . Secretary .

Senate Bill 533. (Secretary reads title of bill) 2nd Reading of the bill . No conmlittee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Maharr on 574:/ Read the bill, Mr. Sec reta ry .

Senate Bill 574 . (Secretary reads title of bi11) 2nd Reading of the bill . The Conmittee on Envircnment and Energy adopted M endment No . 1 .

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

No further amendments reported .

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senate Bill 579 . Mr . Secretary .

Senate Bill 579 . (Secretary reads title of bill) 2nd Reading of the bill . No ccmmittee or Flocr amendments .

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . 606 . Senator Syverson . Read the bill, Mr. Secreta ry .

Senate Bill 606. (Secretary reads title of bil1) 2nd Reading of the bill . No committee or Floor amendments .

PRESIDING OFFICER: (SENATOR WEAVER) 5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 3rd Reading. 611. Senator Donahue. Out of the record. Senator Mahar, on 626. Read the bill, Mr. Secretary.

Senate Bill 626. (Secretary reads title of bill) 2nd Readin: of the bill. No committee cr Floor amendments.

PRESIDING OFPICER: (SENATOR WEAVER) 3rd Reading. 629. Read the bill, Mr. Secretary. SECRETARX HARRYt Senate Bill 629. (Secretary reads title of bill) 2nd Reading af the bill. The Committee on Environment and Energy adopted Amendment No.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendnenEs approved for consideraeion?

No further amendments reported. PRESIDING OFFICER) (SENATOR WEAVER) 3rd Reading. 640. Senator Hasara? Out of the record. Senator Raica, do you wish to move 6457 Read the billz Mr. Secretary.

Senate Bill 645. (Secretary reads title of bill) 2nd Readinq of the bill. No committeg or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readinq. 650, Mr. Secretary.

Senate Bill 650. (Secretary reads title of bi11) 2nd Reading of the bill. The Committee on Revenue adopted 6  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRfPT 32nd Legistative Day March 24, 1995 Amendment No. 1.

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

No further amendmgnts reported.

PRESIDING OFPICER: (SENATOR WEAVER) 3rd Reading. 664. Senator Dunn? Out of the record. 6Bl. Senator Syverson? Read the bill, Mr. Secretary.

senate Bill 681. (Secretary reads title cf bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved far consideration?

No further amendments reported.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readlng. Senate Bill Raiea, on 689? Read the bill, Mr. Secretary.

Senate Bill 689. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health and Welfare adopted Amendment No.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideratkon?

No furtber amendments reported. 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I PRESIDING OFPICER: (SENATOR WEAVER) I I 3rd Reading. Senator Shadid on the Floor? Senator Dunn: on I 7032 Read the bill, Mr. Secretary. SECRETARY HARRY: . Senate Bill703. 1 lsecretary reads title of bill) 2nd Reading of the bill. No commlttee or Floor amendments.

PRESIDING OEFICER: (SENATOR WEAVER) 3rd Readkng . Senator Woodyard, on 7287 Out of the record. Senator Raicaz on 746? Read the bill, Mr. Secretary.

Senate Bill 746. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Publlc Hea1th and Welfare adopted Amendment No. 1.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readlng. Senator Mahar, on 7587 Read the bille Mr. Secretary. SECRETARY HARRY: . Senate Bill 758. (Secretary reads title of bill) 2nd Reading of the bill. The Ccmmittee on Public Health and Welfare adopted Amendment No. 1.

PRESIDING OFFICER: (SENACOR WEAVER) Have there been any Floor amendments approved for j consideration? 1

8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatlve Day March 24r 1995 No further amendments reported.

PRSSIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 772. Senator Phillp? Senator Phllip , 772? Read the bill, Mr. Secretary.

Senate Bill 772. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No.

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

No further anendnents reported.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readinç. Senator Hawkinson, on 782? Out of the record. Senator Syverson, on 8047 Read the bill: Mr. Secretary.

Senate B1l1 804. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 810. Senator Fitzgerald. Read the bill, Mr. Secretary.

Senate Bill 810. (Secretary reads title of bill) 2nd Reading of the bill. No comnittee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 811? Out of Ehe record . Senator Raica, on 8167 Senator Syverson, on 8217 Read the bill, Mr. Secretary.

9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Senate Bill 821. (Secretary reads titke of bilk) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Fitzgerald? Read the bill, Mr. Secretary.

Senate Bill 831. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDING OFFICER; (SENATOR WEAVER) 3rd Reading. Senator 5m1th, on 8467 Read the bill, Mr. Secretary.

Senate Bill 846. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 905. Senator Walsh? Read the bilk, Mr. Secretary.

Senate Bill 905. (Secretary reads title of bill) 2nd Readkng of the bkkl. The Committee on Public Health and Welfare adopted Amendment No .

Have there been any Floor amendments approved for consideration?

No further amendments reported .

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 910. Senator Walsh? Read *he bill, Mr. 10  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leglslative Day March 24, 1995 Secretary.

Senate Bill 910. (Secretary reads title of bill) 2nd Readlng of the bill. The Committee on Insurancer Pensions and Licensed Activities adopted Amendment No. 1.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 979. Senator Madigan? Read the bill, Mr. Secretary.

Senate Bill 979. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Activitles adopted Amendment No . 1.

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

No further amendments repgrted.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 980. Senator Madigan? Read the blll, Mr. Secretary.

Senate Bill 980. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Activities adopted Amendments 1 and 2.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

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

No further amendments repcrted.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 985. Senator DeAngelis? Read the billr Mr. Secretary .

Senate Bill 985. (Secretary reads title of bill) 2nd Reading of the bill. No ccmmittee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 991. Senator Rauschenberger? Read the bill, Mr. Secretary. Senator Rauschenberger, do you have an amendnent filed on this bill in -- that's in Rules? Do you wish to keep in on 2nd Reading? ...tnicrophone cutoff)...99l out of *he record. Senator Lauzen, on 10007 Read the bill, Mr. Secrekary.

Senate Bill 1000. (Secretary reads Eitle of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendnent No . 1.

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

No further amendments reported, Mr. president.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Raica, On 1032? Read the bill, Mr. Secretary.

STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legtslattve Day March 24, 1995 Senate Bill 1032. (Secretary reads title of bill) 2nd Reading of the bill. No ccmmittee or Floor amendnents.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Madigan, on 1037? 1037. Read the bill, Mr. Secretary.

Senate Bill 1037. (Secretary reads title of bill) 2nd Rpading of the bill. No commitkee or Floor amendmenEs.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Woodyard, on 10857 Read the billr Mr. Secretary.

Senate Bi11 1085. (Secretary reads title of bill) 2nd Readlng of the bill. No comnlttee or Floor anendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator DeAngelis, on 1143. Read the bill, Mr. Secretary.

Senate Bill 1143. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Activities adopted Amendment No.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 1152. Senator Rauschenberger? Out of the 13  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 record.

PRESIDING OFFICER: (SENATOR WATSON) .. . tnicrophone cutoffl...the intention of the Chair to go to page 8 and we go to Senate Bllls 3rd Reading, beginning with Senate Bill 327. I do look out and see some absent chairs. So with those of you in the officesy you may want to come up to the Flaor, and we are going to go to 3rd Reading in just a shart moment. Senator Dunnr on -- on Senate Bill 327. I undefstand you want to recall that for the purpcse of an amendment. Senator Dunn, do you wish this bill returned to 2nd Reading for the purpose of an amendment?

Yeahy I do.

PRESIDING OFFICER: (SENATOR WATSON) Senator -- thank you. Senator Dunn seeks leave of the Body to return Senate Bill 327 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectionr leave is iranted. On the Order of 2nd Reading is Senate Bill 327. Madam Secretary, are there any Floor amendments approved for consideration?

Floor Amendment No. 2, offered by Senator Ralph Dunn.

PRESIDING OFFICER: (SENATOR WATSON) Senator Ralph Dunn.

Thank you, Mr. President. This is a technical amendment that we needed to clean up the language, and I1d move its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

No further amendments reported, Mr. President. 14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. We are on page 8 of the Calendar, Senate Bills 3rd Readlng. Senate Bill 338. Senator de1 Valle. Senakor del Valle on the Floor? Out of the record. Senate Bill -- beg your pardon. Senate Bill 366. Senator Petka. Madam Secretary, please read the bill.

Senate Bill 366. (Secretary reads tikle of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR WATSON) Senator Petka .

Well, thank you very much, Mr. President, Members of the Senate. Senate Bill 366 is being revisited. This bill was passed as Senate Bill 1144 last year with 39 voting Aye, 8 Opposed , 7 Present. This bill would basically prohibit content-based censorship of American history or herttage based on any religious references contained in such dccuments, writings or records. This would allaw teachers and admtnistrators to use, read from or post al1 or any portion of various historically significant documents. The -- the documents are enumerated within the legislation. They also -- the legislation also contains a provision which basically says that as a matter of public policy, there shall be no content-based censorship of our American history simply because there may be religious references contained in these hiskorically siqnifieant or venerated documents, writings and records which are enumerated within the statute. Mr. President and Members of the Senate, I -- 1'11 answer ang questions, and I move for this bill's adoption.

PRESIDING OFFICER: (SENATOR WATSON) Ts there any discussion? Any -- Senator Berman.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24y 1995

Thank you, Mr. President. Ladies and Gentlemen of the Senate, I rise in opposition to House -- to Senate Bill 366, and I would just ask you to take a.look at the bill and to see that this ls a dramatic departure from what We have been doing most of tbe Session. What I mean by that is that we have passed legislation to give substantial authority to local-elected school boards to run their schools. We have done that based upon the theories that locally elected members of school boards are the best ones to set the policies for our children throughout the State of Illinois. We passed a bill that authorizes local school boards to determine that they can seek waiver, ln effect repeal, of State statutes that have been on *he books for decades regardlng the requirements of the running of our local schools. That Was Senate Bill 22. And the speeches in support of Senate Bill 22 were that the local school boards are elected locally; they fre the closest to our -- to the voters; they know the best way to -- to educate cur children. Nowr if you look at Senate Bill 366, this undermines that entire concept, and the reason I say that is because the following language - the following language - is in Senate Bill 366, quote, on page 1, line 9: f'No teacher or administrator in a public school shall be prohlbited from using, reading from , or from posting in a publlc school building al1 or any portian of the following:'' And then it lists ten different categories or titles of documentation. Nowr Ladles and Gentlemen, I would suggest to you that a teacher or administrator is not *he person to set local school district policy. That is to be set by the school board, by the elected members of the local board of education. Here you are putting handcuffs -- how do you like Ehak, Mr. Sponsor? Is that a good analogy? You are putting handcuffs -- you are putting handcuffs on the elected school board members if they want to seE the curriculun, the policy, the tenor, of the -- of What is to be 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 taught in each local school classroom. This is a dramatic departure. I'm nct even sure Why, because in Illinois - in Illinois - there have been, to my knowledgey no outrageous implementatian of censorship by school boards. believe there may have been instances in -- in another state where scme very conservative organization feels that this list cf ten documents should not be abridged or edited or -- or minimized, but not in Illinois. So what you are doing is -- making a dramatic departure from what we've tried to do this year, of giving greater power to school boards, and you 're moving that pcwer of setting school policy to every individual teacher, regardless of how right or kooky that teacher may be. This is a very, very serious kind of authorization. I urge a very careful review of this bill, and I urge a No vote.

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

Yes. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR WATSON) Yes, he will, Senator Cullerton.

Senator, something tells me that the explanation of what is really behind this bill was not quite as candid as it cculd -- çould have been. Now, is there -- ls there some other agenda that's behind this? know some people think that this is some way to brlng ln teachlng religion into the schools. just Wondered if ycu could tell me what -- what's behind it.

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka.

Well, thank your Senator. I appreciate the cpportunity, and I -- and it's certainly a falr question. I believe that impliclt in  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 32nd Legislative Day March 24, 1995 your questlon was, is there a so-called hidden agenda here, and the answer to that is categorically no. The -- there has been over the last decade, and especially accelerating within the last five years, a an attempt, my opinion: to censor American history in the name of political correctness, to baslcally undo, or tc edit, or delete religious references within American history textbooks. There has -- there was a study that Was done on this: Senator, in 1988. Most recently, a -- a commlssion indicated a revisiting of American history, again With a -- from a religious-neutral point of view r while American history, Whether we like it or ncty reflects the trials and tribulations of people who had motives and motivations for settling the New World which: in -- significant part, were based on spiritual or religious reasons. A1l this bill attempts to do, sirr is this: That there are instances of textbooks which for whatever reason, either inadvertence or intentionallyr delete certain items which contain religious expressions inslde of an historically -- historical docunent, that under those circumstances what we're saying ls that there is nothing wrong for a teacher to basically have those documents and post them. It is an anticensorship measurer and it is also a historieally accurate and truthful content measure. And thatls basically itw Senator.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senatoç Cullerton.

Well, if what youlre saying is that certain Eeachers now decide that they're going to not teach about certain religious historical facts because they -- they choose because of political correctness not to -- to ccver thoser the Way this is drafted, as read it, it just says that doesndt prohibit certain historical documents fron being presented in the classroom. So I - - I don 't know that wêpve gone ahead and corrected the pereeived ep 18 ,  STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 1995 problem of teachers censoring certain religious historieal facts, and -- and I think on the face of itr thls is something Which teachers can do ncw. And guess the problen is is that an overzealous teacher who wants to teach rellgion could use religious quotes and daily bible readings that would be, perhaps, something Which We an unintended consequence of your -- of your passin: the bill. So I'm wondering if you eould respond to that.

PRESIDING OPFICER: (SENATOR WATSON) Senator Petka.

Senatorr if a teacher wlshed to violaee what currently is constitutional law in this countryr they could -- they could do that and possibly be placed in jeopardy by an outraged school board. The -- thls bill does not authorize the teaching of religion within the public schoal system . What it does is teach or permit the teaching of accurate Amerlcan history within the public school system. In the earlier portion of your -- I believe it was a two-part questionr you also indicated that a teacher right now could be -- could basically post these documents. What I'm saying is, yes, they could: but what -- what this bill is saying ls that in the event that they choose to do that and a school board says, ''We1l, hold it, no, this has some politically incorrect references to religion,'' what wedre sayin: is a matter of public policy that teachers should have that right to presept uncensored documents which are: fact, authentic documents which truly reflect the entire document and not a politically correct, censored document.

PRESIDING OFFICER: (SENATOR WATSON) ienator Cullerton.

Okay then. one last point. The -- the last paragraph of the bill says there shall be no content-based censorship of American 19  STATE OF ILLINOIS 8:TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 hlstory. Doesn't this say Ehat a parent can bring a lawsuit or a school board can order a teacher to -- to teach certain itens that they think are important that could be religious-based? And isn't is posslble that this is giving power to that school board to, in effectr micromanage the curriculum of a school?

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka.

Senator, we still have, to -- to a large extente aeademic freedom in this country, and when you talk about or the statement that you've made about micromanaging classroon instructlon, this actually does the reverse of what you are saying. What it says is that a teacher decides that the document -- or the history textbook or the government textbook, Which has been given to them, contains deleted or excised or censored portionsr that if they choose to -- to put the full documents on the bulletin board, that We, as the State, are saying that as a matter of public policy, there is nothing Wrong With doing that.

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

Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. certainly think there's na hidden agenda here in this legislation. We debated this legislation two years ago, and a majoriEy of the Members here supported it at Ehat tlme and lk's certainly not about teaching religion in our schools. And I thlnk we al1 realize that any attempt Eo provide religious insErucEion in public schools Would still fall under the constitutional provisions an religious freedom and the numerous court interpretations on that. This bill simply puts a clear statement the 1aw ehat the General Assembly feels that historical 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leglslatlve Day March 24, 1995 documents should not be excluded from the public eurriculum simply because the documents contain religious references. It allows, it provides, for the teaching of the accurate history of this countryp even including the religious reference contained therein. urge an Aye vote.

PRESIDING OFPICER: (SENATOR WATSON) Further discussion? Further discussion? Senator Karpiel.

Yes. Thank you, Mr. President. have a -- an article that I read in The Wall Street Journal in October of 1994 that doesn't directly bear on this bill, but it -- it does, in fact, give you an idea of some of the things that are going on in our schools. The title of the article ealled ''Highjagking America's History''. And it's a11 about the National Standards for -- for United States Histcry: Explcring the Amerlcan Experience. These standards that are part of the administration's Goals 2000: Educate America Act take students through -- from grade five through twelve, and it says that they may begin learnlng history according to a new set of guidelines. The national standards in the Goals 2000 divides Ameriean history into ten eras and establishes two to four general standards -- general standards for each era . The Great Depression, for instance, in these standards addressed in three standards; yet' not one -- one of these eras one of these standardsr dlrectly mentions the U.S. Constitution. Then it goes -- and it goes on to say that it talks about -- it analyzes the achievemenEs of the grandeur of Mansa Musa's Court and the social customs and wealth of the kingdom of Mali, but when John Rockefeller comes up, for exanple, students are instructed to ccnduct a trial in which the fanous 19th century entrepreneur is aceused of unethical and amcral business behaviors -- practices. It talks about Senator Joseph Mccarthy and Mccarthyism nineteen times. 1* Ealks about the Ku Klux Klan 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 32nd Leglslative Day March 24, 1995 seventeen times. It talks about a declaration of independence for women nine times. Lincoln's Gettysburg Address gets only one mentlon. talks about Harriet Tubman and the Underground Railroad. Nothing wrong with thatr but gives them six mentions. Ulysses S. Grant it talks about one time. Paul Revere and his favorite ride is never mentioned, nor is Alexander Graham Bell, Thomas Edison, Albert Einsteln, Jonas Salk and the Wright brothers. And one of the few congressional leaders that is even quoted in any of these standards is Tip O 'Neil1, and that's only when he called Ronald Ronald Reagan a cheerleader for selfishness. These are our standards that are being put into the new Educaticn Act the federal government, Clinton 's administration 2000. It is rewriting and politicizing history of the worst kind. The article ends with -- khat khere should be a battle against certification of these standards and the battle is worth it because we are a better people - the American people are a better people than the National Standards implies, and our children deserve to know it. What Senator Petka is dolng here with this bill is not teaching rellgion in the classroom, is not politicizlng history, is not doing anything exceptlng -- allowing a teacher in a classroon to use one of our revered documents - our Mayflower compact, the Constitution: the Declaration of Independence, any of these documents which are documents in this country that our democracyr our republic, was -- was based on and allowing them to be used in their entirety. And to say that if a sehool board or a school district says you can't use the word ''God'' so you can't use them in their entirety, that frankly they can't do thatr and they don't have a right to say that our documenEs that founded this country are Wrong and that We shouldn't mention them because they have the word ''God'' in them . This is a good bill, and I think lt should get 58 votes.

PRESIDING OFFICER: (SENATOR WATSON) 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Please, please. No no public demonstrations. We don't allow that under our rules. Senator Palmer, for what purpose da you rise?

Thank you, Mr. Presidene and Members of the Body. I had thought not to speak on this bill, but having listened to scne of this discussionr am deeply disturbed by the underlyin: implication of this bl11 that looks at history as mythology, as a paean, rather than as a balanced overview -- no, listen to me -- as a balanced overview of the contributions of all Americans. If we're going to do this, then let's talk about David Walker's appeal. Let's talk about Sojourner Truthp who in answer to some slaveholders said, ''Ain't a Noman too.'' Aren't an American too? That is what we are missing in a11 of this. There is nothin: on this list, and I an a former teacher. have taught all of these that cannot be taught right now in the classroom. I agree with those who are suggesting that underneath this a hidden agenda, and that I do not like. Now let's leave this bill where it ls and not keep bringing it back. It should have died a death a long time ago. This is not the appropriate way to beqin messinî around in trying to decide what should and should not be taught in the classroom.

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

Thank you, Mr. president. I'd like to ask the sponsor a question.

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka will yield, Senator Welch.

Senator Petka, ycur bill says that it ensures a teacher or administrator in a public school could use certain documents such 23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 as the Declaration of Independence or the U.S. Constitution. Can you give me a list of which school districts in Illinols are violating your list of documents right ncw that this is meant to remedy? Which school districts are those?

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka.

Senator, I do not have such a list. I don't believe such a list is available.

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

So in other wordsy there's no school district that is violating what you 're proposin: in this bill. Is that correct?

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka.

Senator, don 't have any firsthand knowledge of -- of whether or not that is true or false. I would like to just further expand that though. What we are saying here as a matter of State policy is that in the event that there is a school board that's elected that is a -- as Senator Karpiel so eloquently stated, is married to politieal correctness that decides that in the name cf political ccrrectness that religious references shculd be deleted from their -- from textbooks, which they can order to be given to Ehe teacher, thak the Eeacher will no* -- cannot be or Will not be constrained from going back to the original documents and having those docunents postedy and as a matter cf State policy, we feel that historical accuracy and a -- basically that we are saying that thgrg should not be censorship of these documents. -- that's What I'm saying, Senator. PRSSIDTNG OFFICERJ (SENATOR WATSON) 24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Further discussion? Senator Welch.

Senatorr name one school - not a list of schools - name one school and one instance of one school board anywhere in the State of Illinois that has prohibited the teaching of the correct version of the Mayflower Compactr the national motto, the Declaration of Independence: the Constitution, or any other of these documents. Name one instance in one school district. That's a1l I ask you. One.

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka.

Senator, as I i'ndicated before, I have no such list, and I'm -- I'm not aware of it.

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

I dldn 't ask for a list; I asked for one, tiny, little example, and there are none. There are none. This bill comes fron a think tank in Washington, D.C. called The Free Congress Research and Education Fundy a Washington, D .c.-based ultraconservative think tank. And apparently we've gotten to the point where we've had so many fast-track bills that we have nothlng else to do except start taking these ideas from these right-wing think tanks. NoW...

PRESIDING OFFICER: (SENATOR WATSON) Further discusslon?

Waitr Senator. I'm not -- I'm not quite through. We've been hearing speech after speech after speech about how we have to empower our local boards and our local voters. We have to trus: them because we don't have a1l the knowledge here in Springfleld; 25  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislakive Day March 24, 1995 that they are closer to the problem and they no better how to handle And here we have this bill whlch says that: ''School boards, we don't trust you. We don't trust you to not prohibit the teaching of certain documents. We want to make sure that you listen to what we have to say because we know best. Father knows best, down in Springfleld.f' That's what this says. This goes completely against the philosophy that Wedve been hearing Was ushered in with the election of Novenber 8th, 1994. This is another instance of going back on what supposedly that mandate of the last electlon was: turning power back to the local governments. This takes power away. This says to local peopley ''We don't trust you. You've got to follow theseq'' This is another mandate. It's unfunded mandate. It tells people what to do. We eliminated the mandate that says what courses you have to teach <sic> to get into college: four years of English, three years of math. We're not worried about that. We elininated that. But When it comes to teaching the Mayflower Compacty by goshr don 't change one word. You know, I I've been on this earth for forty-slx years. I've never had anybody ask me a single quesEion about the Mayflower Compact ln those forty-six years. may be here another forty, hope, and doubt that I get a question durlng those forty. But, by God, youlre going to teach the correct version of that. That's that's really going to be beneficial. This is just a waste of time, because what has happened here is all your important bills passed and you guys have nothing to do . So noW welre coming up with this stuff. You know, we should -- what we should do is adjourn and go home and save the taxpayers a 1ot of money. Let's pass the budget next week. Let's go home, and we won't have bills like this, because this is just an exercise in futility. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Fawell. 26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leglslative Day March 24, 1995

Thank you very much, Mr. President. You know , think this is one of the dumbest argunents I've ever heard on this Floor yet. Every.r single one of us have had these documents presented to us somewhere in our history lessons. I Would say -- I Would bet the vast majority of people sltting on this Floor are probably polltical science majors. You've al1 studied these documents, for crying out loud. we're saying is our children and our grandchildren ought to have the same right to know the history of the country without some political-correct person coming along and saylnq, ''You can't teach the mokto of the United States because it says 'in God We trust'.'' Not in Washington we trust. Not in Springfield we trust. But, in God We trust. And that's politically incorrect nowadays. For crying out loud. Youfre rlght: We do have better things to do. We ought to pass this and 1et it go. It's not a connunist plot. It's not a righteous plot. It's just using our common sense and saying 1et our children know what our history and some of our great documents that the history of this country was fcunded on. Let's get about the business and vote for this Ehing and get on with the rest of the business. I Want to go home.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seelng ncne, Senator Petka, to close.

Well, than you, again, Mr. President and Members of the Senate. It -- i: really is sad when, as Senator Fawell very eloquently pointed outy that what we're -- We're talking about is really hiskorical truth and *he same documenEs that we, facE, as children going through the system -- as a history teacherr which I was for a number of years, the documents which taught to classes unfortunately have fallen under the purview of censors. And to defeat an idea in this Body -- we have people who resort to 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 name-callingy that this is a plot hatched tn Washington, D.C. to basically inject, in a direct wayy religion in the schools. I suggest is, read the bill. That's a1l you have to do . Just read the bill. What ue're talking about here is what Senator Karpiel referred to as political-correct censorship. What we 're saying, as a matter of public policy in this State, is that We feel that we should not have content-based censorship and we should have historical truth, rather than political correctness: as the test and measure for our students. With that, Mr. President, urge adoption of this bill.

PRESIDTNG OFFICER: (SENATOR WATSON) The question ls, shall Senate Bill 366 pass. those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 vcted who wish? Have a11 voted who wlsh? Have al1 voted Who wish? Take the record. On that question, there are 42 voting Yes, voting No. Senate Bill 366, having received the required constitutional majority: is declared passed. President Philip, for what reason do you rise?

Point of personal privilegey Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Please state your point.

Yes. Th#nk ycu. Ladies and Gentlemen of the Senatey the distinguished Senator from the southwest slde of Chicago has a birthday coming up on Saturday, I believe. He's going around saying that he's thirty-nine years old. The truth isz he's about a hundred and seven and growing. Unfortunately, we will not be in Session on Saturday. We have a cake up in the front. think it's a chocolate cake With White icing. And if anybody Would like to cone over and have a piece of cake and wish Aldo DeAngelis a happy birthday, a hundred and seven years old. I have been told 28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 that the cake is stuffed w1th spaghetti. Don't believe it. It's not true. So: happy birthday, Aldo.

PRESIDING OFFICER: (SENATOR WATSON) Happy birthdayr Senator DeAngelis. understand it's your sixty-fourth, is that correct? Sixty-four? Senatcr DeAngelis, for What purpose do you rise? SENATOR DeANGELIS; On a point of personal privileqe.

PRESIDING OFFICER: (SENATOR WATSON) Please state your point, Senator. SENATOR DeANGELIS: I refuse to answer that question.

PRESIDING OFFICER: (SENATOR WATSON) Fifth Amendment. Going on the Calendar, page 8. Senate Bill 384. Senator Petka. Madam Secretary, please read the bill.

Senate Bill 384. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka.

certainly hope, Mr. President, that this bill -- debate is not as lopg as the last. This is actually a merely bill. Under this Actr we will simply clarify what we had passed outy House Bill 2696, during *he VeEo Session, and kha: is Eha: thls wl11 clear up a ambiguity that currently exists under our Juvenile Disclosure Law. This would basically permit not only the naming of the juvenile, but would also permit the crime for which that juvenile stands adjudicated as a delinquent. That's al1 the bill does. With thaE, Mr. President, Would entertain any questions.

PRESIDING OFFICER: (SENATOR WATSON) 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 32nd Legislative Day March 24, 1995 There any diseussion? Any discussion? The question is, shall Senate Bill 384 pass. A11 those in favor, vote Aye. Opposed: vote No. The votlng open. Have all voted who wish? Have a1l voted who wish? Have al1 voted Who wish? Take the record. On that question, there are 55 voting Yes, no voting No, voting Present. Senate Bill 384, having received the required constitutional majority, is declared passed. Senate Bill 388. Senator DeAngelis. Senator DeAngelis, do you wish this bill to be returned to 2nd Reading for the purposes of an amendment? Senator DeAnqelis seeks leave of the Body to return Senate Bl11 388 to the Order cf 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 388. Madam Secretary, are there any Floor amendments approved for consideration?

Floor Amendment No . offered by Senators DeAngelis and Demuzio.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis.

Thank ycu, Mr. President. Senate Bill 388, as introduced and out of committee, eliminated the need for the Auditor General to do certain inspections because they were done by the Inspector Gener4lr and it required the Inspector General to do those audits, rather than the Auditor General. And samebody said, ''We1l what happens *he InspecEor General doesn't do iE?H So whaE this amendment says, if the Inspector General doesn't do itr the Auditor General will do it.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discusslon? Senator Demuzio.

Thank you, Mr. President. As a cosponsor of ehis amendmentê 30  STATE OF ILLINOIS , 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I'd like to announce that according to the Blue Book, Senator DeAngells was born March the 25th of 1931.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis, to respond.

Yes. like have leave of the Body to remove Senator Demuzio as the sponsor of this bill.

PRESIDING OFFICER: (SENATOR WATSON) Is leave granted? Is there any further discussion on the amendment? Seeing none, al1 those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted . Are there any further Flcor amendments approved for consideration, Madam Secretary?

No further amendments reportedr Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Readlng. Senate Bill 407. Senator Fitzgerald. Madam Secretary: please read the bill.

Senate Bill 407. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald.

Thank you, Mr. Presidents Ladies and Gentlemen of the Senate. Senate Bill 407 simply provides a statutory method for perfecting an insErument known as an assignmenE of renEs. Righ: now we do have not any Illinois statute on the matter, and We simply Codify common 1aw rules this regard. This is an initiative of the Chicago Bar Association. It has no known opponents to my -- to my knowledge. Thank you. 31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 i

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? The question is, shall Senate Bill 407 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wlsh? Have a11 voted Who Wish? Have a11 voted Who Nish? Take the record. On that questiony there are 55 voting Yes, no votlng No, 1 -- no votln: Present. Senate Bill 407, having received the required constitutional majority, is declared passed. Senate Bill 416. Senator DeAngelis. Madam Secretary, please read the bill. ACTING SECRETARY HAWKER: : Senate Bill 416. (Secretary reads title of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Several years ago we passed a bill that abolished the regional superintendent for Cook County. Several years later we reinstituted one for the suburbs. This bill doesn't create -- does, in fact, create a regional superlntendent for the City of Chicago Board of Education. You : know: when we abollshed the superintendent, what we failed to do is abolish the funcEions of Ehat office, so the -- those functions were turned over to the State Boqrd. The State Board has been a very reluctant administrator of those programs, plus they feel that the costs are being borne by the rest of the State and that those regions who, in factz need to be served ought to be served by themselves and w1th funds that are generated from their area. : Be happy to ansWer any questions. 1

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Senator Berman. l !

32  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Thank you, Mr. President. I rise in strong support, as a cosponsor of this bill. talking to my colleagues up in Chicago, it is indicated that We do need this type of service available, and I urge an Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) Eurther discussion? Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. A questlon for the sponsor.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor will yieldz Senator de1 Valle. SENATOR dEL VALLE: Senator DeAngelis, in committee, and correct me if I'm wrong, please, thought you agreed to amend this bill to deal with our concerns regarding the life and safety inspectlons of -- of the school facilities.

PRZSIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Senator de1 Valle, you are absolutely correct, and I remembered that the middle of my presentation. If you would Wishs I will withdraw or if you will trust me, I Will put on in the House.

PRESIDING OFFICER: (SENATOR WATSON) Senator de1 Valle. SENATOR dEL VALLE: You will amend it in the House? Okay, fine.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis responds... SENATOR DeANGELIS: Yes.

PRESIDING OFFICER: (SENATOR WATSON) ... %es. Senator DeAngelis, to close? 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 ; SENATOR DeANGELIS: ! : I just ask for a favorable roll call. '

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 4l6 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is apen. Have a11 voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record . On thak questionr there are 52 voting Yes, 3 voting No, no votlng Present. Senate Bill 416: having received the required constitutional majority, is declared passed. Senate Bill 424. Senator Philip. Madam Secretary, please read the bill.

Senate Bill 424. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 424 recreates the Pension Laws Commission. Provides for eight Legislative Members, eight publlc members. And let me give you a little history on it. We used to have -- When I first came here, we had a Pension Laws Commission. All of the pension laws bllls would go to that Commission. They Would make a recommendation to the General Assembly. And I can never remember *he time *hat we did no* take kheir recommendaticn. They had actuaries; they had professional people, and they would make recommendations to us. And what happened here, and I think Speaker Madigan was right, we decided Eo abolish a11 of our conmissions, and as you know, We did abolish almost al1 of the commissions. Bu* one commission we should noE have abolished was the Pension LaWs Commission. This recreates it again. 1111 be 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I happy to answer any questions. I think in the past they did a very good job, and we need somebody professlonally to tell us what we ought to do on pensions and how they affect us here down in -- in the Capitol. Be happy to answer any questions. . Ask for a favorable vote.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senator Philip, I think we made a couple other mistakes too, when we abolished the commissions. For exampler you just made reference to the fact that whenever the Members of the Pension Laws Commission ge* up on the Floor of the Senate, We took thelr wcrd for a lot of things that were taking place. We used to have a commission called the Mental Health and Mental Disabillties that was chaired by Senator Ozlnga for a number of years. Had Ehree different subcommittees: Charitable, Corrections and one that dealt With -- with State hospitals and institutions. So at some point, I would hope that perhaps you might want to conslder that recreation cf that one too, because that qave us the opportunity to know flrsthand what was taking place by our respective Members in corrections, in mental -- in prisons and -- and mental health institutions around Illinois. So I don't quarrgl with what you're daing here. I thought maybe you might want to take a look at that other one tooy before we might -- might leave here.

PRESIDING OFFICER: (SENATOR WATSON) FurEher dlscussion? Senator Wglch.

I Thank you, Mr. President. I'd like to ask a question of the Sponsor.

PRESIDING OFFICER: (SENATOR WATSON) I 35  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Sponsor wl1l yield, Senator Welch .

Senator Phillp, there was a fiscal note that showed that this would cost three hundred thousand dollars a year to run this Commission. Are you planning on not funding the Citizens' Assenblyy to garner the money to pay the three hundred thousand dollars a year?

PRESIDING OEFICER: (SENATOR WATSON) Senator Philip. SENATOR PHILIPI You knowy at thls point, we -- we will certainly Work on some idea. I'm not sure where the money's going ko come from at this pointr but I'm Willing to examlne any reasonable possibility.

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

One other question. Currently, the -- the pension recommendations - or a lot of them - are handled by the Economic and Fiscal Commissicn. Ts there any example of them not doing their job, or do you think that theytre overworked, or do you think that you Will save money from funding that Commission? Any of those possibilities?

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.

You know, there 's a 1ot of us that think that they're spread out too much now, and that because pensions are so important to us here and we're always dealing with themz that we ought Eo have some real expertise on thaE. They're plate ls too full nowe in a 1ot of people's opinion.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Geo-Karis. 36  STATE OF ILLINOIS k 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatlve Day March 24, 1995

Mr. President and Ladies and Gentlemen of the Senate, think this is a very good bill, because we have a number of differenk pensions, and I think it's high time that We.do get some experts in the field to guide us and do a better job than we've ever done before. So I don't know why we're having such a consternation about it. I -- I urge favorable support cf this bill. We need

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

Thank -- thank you, Mr. President, Ladies and Gentlemen. I rise on behalf of this bill as a neW Member to the Pension Committee. We -- in that committee and when laws come here, by the time it's passed from that committee, lt tends to f1y out of here because of the fact that it's so technical in nature. And in that Pension Committee, We could vote on certain things that come up and affect pensions ln the State of Illinois that may have an impact for years and may cost something that wedre not really aware of until it's too late, such as health insurance funding, a11 the problems that come up with it. And I think it's very, very important that we put aside a commission that would, effect, study these things so then when it comes to committee we can properly vote on them. The only thin: do hope, that the Committee stays intact and our Chairnan is the one who is going to be declding when bills are called and how we handle thls. Bu* that aslde, I thlnk it's a great ldea, and I commend the President.

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

Yes. I -- thank you, Mr. President, Members of the Senate. 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24: 1995 i just Wanted to rise in support of the legislation and to compliment the sponsor in that he has decided to make this a bipartisan, equally represented commission. I think that's very important because, pensions really shauld be bipartisan, and whether or not we should lncrease benefits or -- or not is something which should be a shared responsibility. This is somethtng which we have trted to do over the last ten years, even when the Democrats Were in control of both the House and the Senatey to give Republicans an equal say. And I appreciate the fact that this commission does the same. For that reason, I rise in support.

PRESIDING OFFICER: (SENATOR WATSON) Is there further discussian? Seeing noner Senator Philip, to close.

I just mtght -- mtght make this observation, and perhaps if we had had a Pensions Laws Commission, this problem With retired teachers' health insurance may not have happened. But Who knows? Ifd ask your -- for your favorable consideration.

PRESIDING OFFICER: (SENATOR WATSON) Question is, shall Senate Bill 424 pass. A11 those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 56 votipg Yesz no voting No, no voting Present. Senate Bklt 424, having received the required constitutional majority, is declared passed. Senate Bill 428. Senator Tom Dunn. Madam Secretary, please read the bill.

! Senate Bill 428. j (secretary reads title of bill) 3rd Reading of the bill. 38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24r 1995

PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Dunn.

Thank you, Mr. President. This bill would make it a Class A misdeneanor to falsely misrepresent yourself as a veteran in seeking employment or public office. Class misdemeanor a year and/or a thousand dollars fine. Urge an Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 428 pass. A11 those in favor will vote Aye. Opposed, vote Nc. The voting is open. Have al1 voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yes, no voting No, no voting Present. Senate Bill 428, having received the required constitutional majority, is declared passed. Senate Bill 432. Senator DeAngelis? Out of the record. Senate Bill 435. Senator Hawkinson. Madam Secretary, please read the bill.

Senate Bill 435. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

Thank you, Mr. President. This an initiative of the Illinois Credit Union League. As amended, 1* became an agreed bill in commlttee: and lt does the following: It permlts federal agency employers, such as Ehe PosEal Service, Eo pay over deduc*ed wages as they are Withheld each payroll period Without Waiting for the twelve-week Nithholding period to expire. The Postal Service has no current means of holding deducted Wages beyond a payroll period. It also authorizes the attorney for the judgment creditor 39  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatlve Day March 24, 1995 to hold khe deducted Wages subject to the order of the court and considers the federal agency employer's periodic payments ko the creditor's attorney a sufficient answer to khe interrogatories that are offered in these wage deduction cases. Be happy to try to answer any questions, otherwise ask for your favorable vote for Senate Bill 435: as amended.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? The questlon is, shall Senate Bill 435 pass. A1l those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all voted who Wish? Have a1l voted who wish? Take the record. On that question, Ehere are 56 voting Yes, no voting No, no votlng Present. Senate Bill 435, havlng received the required constltutional majority, is declared passed. Illinois Public Radio requests leave to record our proceedings. Leave is granted. Senate Bill 440. Senator Tom Walsh. Madam Secretary, please read the bill. ACTING SECRETARY HAWKERJ Senate Bill 440. (Secretary reads title of bl1l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Walsh.

Thank your Mr. President and Members of the Senate. Senate Bill 440 amends the Credit Union Ac* authorizing the election and appointment of credit union offlcials. The bill permits the credlt unlon board of dlrectors to be elected to staggered terms if authorlzed by the bylaus. Ask a favorable...

PRESIDING OFFICER: (SENATOR WATSON) Are thgrê any questions? Any digcussion? Seeing none, the questlon 1s, shall Senate Btll 440 pass. A11 those in favor will 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day Mareh 24y 1995 vote Aye. Chose opposed: vote No. The votlng is open. Have a11 voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. 0n that questionr there are 55 voting Yes, no voting No, no voting Present. Senate B11l 440, having received the required constitutional majority: is declared passed. Senate Bill 442. Senator Woodyard. Madam Secretary, please read the bill.

Senate Bill 442. (Secretary reads title of bill) 3rd Readlng of the bill. PRESIDING OFFICER) (SENATOR WATSON) Senator Woodyard.

Thank you, Mr. President, Members of the Senate. Senate Bill 442 was suggested by the Student Assistance Conmission. Under present law, ehey are allowed to -- or Department of Professional Regulation can refuse to renew or -- or to -- refuse to accept a license for a professional person if there has been a delinquency or a default of a student loan. This would expand the powers of DPR and allow them to revoke a license upon delinquency or default of a student loan. In addition, it extends that same authority to the Department of Nuclear Safety, and they have about fifteen thousand licensed and registered people Withln the lists of Nuclear Safety. That's What the bill does. Be glad to answer any questions, or soliclt a favorable rokl call.

PRESIDING OFFICER: (SENATOR WATSON) Further discusslon? Senator Jacobs.

Thank youe Mr. President, Ladies and Gentlemen of the Senate. just have one questton of the sponsor.

PRESIDING OFFICER: (SENATOR WATSON) 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 32nd Legislative Day March 24, 1995 The sponsor will yield, Senator Jacobs.

think what youtre doingy Senator, is great and probably plan on votlng for it, but I just have one question. Do you have a definition of delinquencies? Is that just thirty days late, or is there a a grace period of some sort that would allow for a definition of delinquencies? Three days late, is that a delinquency?

PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard.

I'm not absolutely sure on that. I'm told very definitely We know if itds a default: but I wanted to think if it was maybe over nlnety days.

PRESIDING OFFICER: (SENATOR WATSON) Senator Jacobs.

Maybe, Senator, that's one We could get a definition on. If has to be changed, we could do it in the House; otherwiser think a very good bill.

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

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Whlle I'n paid up, the sponsor yield for a question?

PXESIDISG OFFICER: (SENATOR NATSON) Senator Woodyard. belteve he'll yield. Yes. Senator Woodyard <sic>.

Does Ehts bfll include lawyers and those licenses that would be granted from the Attorneys' Regkstration and Disciplinary Commission? 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

PRESIDING OPFICER: (SENATOR WATSON) Senator Woodyard.

Yes. Itts my understanding -- by the Way, there was discussion as Eo whetber lawyers were in or out. Under the present lawr lawyers can have -- be refused renewal. PRESIDING OFFICER: (GENATOR WATGONJ Further discussion? Seeing -- excuse me. Senator Dillard.

Just so I'm clear, would the sponsor yield for one other questlon? And that is, does this include physicians through the Department of Professional Regulation? PREStDING OFPICER: (SENATOR WATSON) Senator Woodyard.

Yes, physicians and surgeons. So you're both cn an equal playing field.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seekng none, Senator Woodyard , to close.

Just a favorable roll call. PRESIDING OFFICER) (SENATOR WATSON) The question isr shall Senate Bill 442 pass. Those in favor will vote Aye. Opposed, vote Nq. The voting is open. Have a11 voted Who Wksh? Have a1l vated who wish? Have akl voted who Wish? Take the record. On that questian, there are 55 54 voting Yes, no voting No, no votins Present. Senate Bill 442, havin: received the required canstitutional majority, is declared passed. Senate Bill 447. Senator Cullerton? Madam Secretary, please read the bill.

Senate Bill 447. 43  STATE OF'ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 . ! (Secretary reads title of bitl) I 3rd Readlng of the b11l.

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton. SENATOR CULLERTON: i Thank you, Mr. President, Members of the Senate. This amends 1 the condominium Property Act. It makes various technical chanqes I to the Act. It was drafted by the condominlum subcommittee of the j real estate committee of the Chicago Bar Association made up of lawyers Who practice in Cook County Who deal with condominiums. I It makes provësions of the Condominium Property Act applicable to 1 I condominium instruments. It changes the method of filling vacancies on boards of managers. Makes changes concernlng agreements made prior to the election of a majority of the board of managers and to the powers and duties of *he board to make ' expenditures for capktal additions or improvements. It adds ' alternatlve dispute resolution provisions for snall disputes and amends the Code of Civil Procedure to provide requirements for service of notice of eviction on a lessee or unit owner. I believe there ,s nothing in here that,s controversial. Be happy to ! answer any questions and ask for a favorable vote. PRESIDING OFFICER: (SENATOR WATSON) : Further discussion? Senator Walsh.

Thank you, Mr. President. Will the sponsor yield?

PRESIDING OFPICER: (SENATOR WATSON) Yes, the sponsor will yield, Senator Walsh.

Senator, is this a Ellis Levin initiative? PRESIDING OFFICER: (SENATOR WATSON) i senator Cullerton, friend of Levin. SENATOR CULLERTON: I 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Well, youdre referring to my former -- one of my former State Representatives who is no longer with us, in *he General Assembly tbat is, and I believe that maybe the condominium subcommittee of the Chicago Bar Association maybe have -- is choosing noW to make some changes to the statute that perhaps former Representative Levin may not have agreed With. That's -- so it's nok his provision at all.

PRESIDING OFFICER: (SENATOR WATSON) Is there further discussion? Seeing none, Senator Cullerton, to close. The question is, shall Senate Bill 447 pass. A1l those in favor, vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wish? Have all voted who wish? Have a11 voted Who Wish? Take the record. On that question: khere are 55 voting Yes, no voting No, no vcting Present. Senate Bill 447, having received the required constitutional majority, is declared passed. We have a recall on Senate Bill 457. Senator Geo-Karis seeks leave of the Body to return Senate Bll1 457 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is now Senate Bill 457. Madam Secretary, are there any Floor amendments approved for consideratkon?

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

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

Mr. President and Ladies and Gentlemen of the Senatey Senate Amendment 2 is a clean-up amendment for the Governor's new Executive Order, which reorganizes some agencies in the Department of Natural Resources. And I ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? All those in favor, 45  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 say Aye. Opposed: Nay. The Ayes have it, and the amendment is adopted. Are there ang okher Floor amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDTNG OFFTCER: (SENATOR WATSON) 3rd Reading. Senate Bill 458. Senator Sieben. Madam Secretary, please read the bill.

Senate Bill 458. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is a land conveyance bill. It's new legislation. It involves a transfer of approximately fourteen parcels in various Members' districtsy supported by the Department of Conservation and the Department of Transportation. I know of no opposiEion and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seelng noner the question isr shall Sepate Bill 458 pass. A11 those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that questionr there are 54 voting Yes, no voting No# no voting PresenE. Senate Bill 458, having received the required constitutional majority, is declared passed. Senator Maitland, on 465. Madam -- beg your pardon. Out of the record. Senator Sieben, on 476. Madam Secretary, please read the bill. 46  ' STATE OF ILLINOIS 89TH UENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd pegislative Day March 24, 1995 END OF TAPE TAPE 2 ACTING SECRETARY HAWKER: Senate Bi11 476. (Secretary reads title of bill) 3rd Readlng of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Sieben. ï SENATOR SIEBEN: Thank you, Mr. President and Ladies and Gentlemen of the Senate. This legislatlon comes fron the State's Attorney in Carroll County, and their county board Was somewhat concerned about potential tax liability to their county over the issue of a tuberculosis tax. It was recommended by them and to provide clarlty in that section of the statute. It's supported by the Illinois Taxpayers' Federation, and I'd ask for an Aye vote. PRESIDING OFFICER: (SENATOR WATSON) Is there any dtscussion? Any discussion? Seeing none, the questlon is, shall Senate Bill 476 pass. A11 those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. 0n that question, there are 54 voting Yes, no voting No, no votlng Present. Senate Bill 476, having received the required constitutional majority, is declared passed. Senate Bill 507. Senator Hasara. Madam Secretaryr please read Ehe bill. ACTING SECRETARY HAWKER: Senate Bill 507. @ (Secretary reads title of bill) 3rd Reading of the bill. 47 ( . .. . .u  'STATE.OF 'ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

Thank you, Mr. President. This bill provides that for purposes of determining the populatton of a county for the purpose of setting filing fees and conpensation of circuit clerks, the county board may use etther the last federal census or the annual estinate. This bill affects Sangamon County in that the last federal census was under a hundred and eighty, and the last year's estimate was over a hundred eighty thousand people, and the county board would like to have the authority to use the over cne hundred and eighty for the purposes of setting court filing fees. It does not affect the compensation of the circuit clerk.

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

Senator Hasara, 1et me pose this question: How many counties does this new fee -- fee now apply to?

PRESIDING OFEICER: (SENATOR WATSON) Senator Hasara will yield , Senator Demuzio. Senator Hasara. SENATOR HASARA ; It's -- a hundred and eighty is the threshold. So it's any county over a hundred and eighty thousand in population. Obvlously the larger counties. Maybe ten is an estlmate.

PRESIDING OFFICER: (SENATOR WATSON) Further discusslon? Seeing none, Senator Hasara , would you like to... Beg your pardon. You ought to just punch your light. Tha*'s a11 you need to do. GenaEor Demuzio. SENATOR DEMUZIO: ' I had it punched . I was speaking. PREVIDING OFFIC22: (SENATOR WATSON) It wasn't lit. 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I SENATOR DEMUZIO : Well, talk to your clerk. 1 ! PRESIDINGOFFICER: (SENATORWATSON) 1 . SenatorDemuzio. SENATOR DEMUZIO: j That would mean khat Sangamon County would move up to be part of the second tier immediately, and that would mean that khey could raise' their feesr like, for tax objections and -- that are filed by the tax objector, to about a hundred and fifty percent higher than Ehey were previous. Is that right? PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara. SENATOR HASARA: If they -- if the county board chooses to use the annual estimate, they could do that, yes. The circuit clerk came and testified that he felt that this was certainly a better alternative than raising property taxes. And if the county board wlshes to ralse the fees, they would be able to do so under this legislatlon. I might also add that it wculd -- it Would pertain to any county Who Wished to -- to change its fee structure based on an annual estimate. It's strictly voluntary by any county board. PRESIDING OFFICER: (SENATOR WATSON) Furthpr discussion? Senatcr Hasara may close. SENATOR HASARA : This bill is belng lntroduced at the request of *he Sangamon County Board chairman and the circuit clerk, and I Would ask for a : favorablerollcall. 1 ; PRESIDING OFFICER: (SENATOR WATSON) The quesEion is, shall Senate Bill 507 pass. Al1 those in favorr vote Aye. Opposed, vote No . The voking is open. Have a11 I voted who wish? Have a1l voted Who wlsh? Have a11 voted who 49  1 , STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24r 1995 wlsh? Take the record . On that question, there are 44 voting Yes, 3 voting No, 6 votlng Present. Senate Bill 507, having received the required constiEutional majority, is declared passed. Senator DeLeo, on Senate Bill 509. Madam SecreEary, please read the bill. ACTING SECRETARY HAWKER : Senate Bill 509. (Secretary reads Eitle of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator DeLeo. SENATOR DeLEO: Thank you, Mr. Presidentr Members of the Senate. Senate Bill 509 prohibits motor vehicle dealers or their agent fron removing emission control stickers from used motor vehlcles. Also this bill has ten rlverboat licenses for Cook County. A hundred milllon for Chicago public schools. I know of no known opposition to this bill and I'd be glad to answer any questlons. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Maybe somebody's light's not llt. Any discussion? Seeing none, the question is, shall Senate Bill 509 pass. A1l those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have a11 voted Who wish? Have all voted who wlsh? Take the record. On that question, there are 55 voting Yes, no voting No, no voting Presgnt. Senate Bll1 509, having received the required constituEional majority, is declared passed. Senator Collins.. Senator Collins: on Senate Bill 538. Out of the record . Ouk of the record on Senate Bill 542. Senate Bill 549. Out of the record. Senate Bill 573. Senator Maitland? Out of the record. Senate 3ill 582. Senator Carroll. Senator Carroll on the Floor? Out of the record. Senate Bill 595. Senator Rauschenberger. Madam ! i 50  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24y 1995 Secretary, please read the bill.

Senate B111 595. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.

Senate Bill 595 is slmilar or essentially the same bill that Was discussed here alncst two years ago. It allows for three things. First, it allows the Legislative Leaders of the General Assembly to appoint observers to the negotiations of the State of Illinois with any exclusive bargaining agents of its employees. Second, it authorizes the General Assembly, by voted joint resolution of b0th Chambers, to set limits or paraneters on the financial negotiations with their labor unions. And third, makes it clear that these practices are not unfair labor practices under the -- the Unfair Labor Practices Statute.

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

Thank ycu, Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question? #RESIDING OFFICER: (SENATOR WATSON) Sponsor says he'll yield, Senator Jacobs.

Thank you. Senator Rauschenberger, think What you're trying to do is Eo get the Legislature lnvolved, and I thlnk khat's -- that that's a good idea. There's a part of the bill thcugh that I think becomes a little onerous. Having, as a mayor, been involved a number of negotiatlons, we did our oWn negotiations With three separaEe unions on a sometlmes annual basis, until we got 51  STATE OF ILLINOIS 89TH GENERAD ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 l then tnto three-year bases. But the problem I see is when we establish monetary guidelinesr because when you get into a true involvement of negotiations, sometimes there are fringe benefits that are discussed that are not monetaryy and sometimes by giving up certain fringe beneflts, you can increase the monetary level and actually have a overall reduction in the long run. And I think that that terminology, however, we're golng to go in with a set amount of dollars, and if there's any -- any determination to go over that, then it appears they're golng to have to come back to this Sody to again address that issue and to see whether or not there can be any -- any movement from us. I think it's going to make the collective bargaining system very, very cumbersome. I like what you're Erying to do . If we could do something with that monetary level, it'd be awful easy for me to vote for this bill: because I think the Legislature for too long has -- has forgotten . its duty in being involved in the flscal matters of this State, 'cause we are the ones that are going to have to pass the budget. From that standpoint, I tike the bill. If We could work on that and get that -- that area resolved, it would make it a 1ot better blll. I'm not sure what I'm going to da. I'n going to listen to Ehe rest of the debate on this. But because of that matter, I have some concerns.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Palmer.

Thank you, Madam President. A question of the sponsor.

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he Will yield.

Senator Rauschenberger, is it your intention in this bill to help the Legislature have more information about the process or to participate in the process? 52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24; 1995 PRESIDING OFFICER: (SENATOR GEO-KARIS) I Senator Rauschenberger.

The -- the bill speaks to observers. Those observers, in ny understanding, would not be negotiators. They would not -- they would observe the process, learn about, and try to get an understanding to come back to the General Assembly With, of the parameters of what theydre negotiating.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Palmer.

I can appreciate that. I certainly have Wanted to have a 1ot more lnformation about a lot of thlngs, but I'm concerned that in this particular situation where negotiation is such a delicate procedure and is so particularly laid out by so many other regulations that we, even as observers, may be bringing an elenent into the process that may not be appropriate. And I'm wondering if we don 't have other means of accomplishing the same thin:r of çettlng more informaticn, and therefore, naking more lnformed decisions than by involving ourselves in collective bargaining.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Rauschenberger.

I think your concern is well-founded. I -- I guess khe answer I uould give you is, as demonstrated by the past process here in Springfield, in my opinion, we have not had good access to the decision making and the rationale behind the Way We fre negotiating with our -- our labor unions. There's some concern on my part, and I think it -- it's fairly clearly stated in Senator Maitland 's bill, sone of the impacts that are -- that are made at the I negotiating kable that we fre forced to vote on when we don't have ' a timeline or an understanding of their financial inpact and -- ! 53  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 and their lonq-term cost to the State. So I -- I Wish maybe perhaps there was a better Way. Thls ls one solutlon. certainly don'k opine that it's the perfect one.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Palmer.

Just one last comment. While I certainly, as I said before, agree would like to have more information, this is really an executive decision, and I think it's troubling for us to engage in this process andz thereforer to collapse some of the differences between Ehe different levels of government.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Garcia.

Thank you, Madam President. Would the sponscr yield -- or rather, to the bill - 1111 save us some time: Senator Rauschenberger I don't think intends for this bill to become a union-busting bill in any way, shape or form; however, I think that if the General Assembly, through a joint resolution, begins to set the limits of the financial terms of a collecttve bargaining agreement -- that a collectlve bargainlng agreement may contakn, then I think that We may, in fact, assume such a role. I think that a collective bargaining agreement is nothin: not about financial terns. A resolution could easily state that no negotiations may be conducted also on issues of salaries, benefits, overtime, et cetera. Al1 these items involve financial considerations. The question I ask is: Why remove that tool or instrunent that allows workers Eo bargain for decent jobs and security? think that our intervention here in that process could be very detrimental. also question the idea of an observer created by this bill; that any person a legislatorr a legtslative staff or a private indivldual - could become such an 54  l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 ; abserver. I think thaty eventually, such a person could benefit from the knowledge obtained in observing this process, and I think that this could be potentially very damaging to working men and women who work for the State. Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Denuzio.

Thank you very much. Senator Rauschenberger, this idea has been around here for about the last ten years that I can remember. I remember that We used to do this on a voluntary basis. The Leaders used to appoint Members to go over, and as I recall correctly, I was one of those Members and went over there once. Why -- why in the world Would we, as the Legislature, Want to get involved in setting the parameters for establlshing, for example, the ceilings on what the State employees might be able to bargain for? It seems to me that whatever parameters that We set, they 're automatically going to go to the max. And it just seems to ner if we're going to do Ehlsy perhaps we could simply do it on a voluntary basis, and perhaps this bill isn't necessary. But I -- I see more and more and more involvement in the collective bargaining aspect here in the General Assembly. You know, we just decided who the collective bargainlng group was going to be for the university system at the University of Illinois. And now we're going right back in to trykng to becomq major partictpants, in some respects: of -- of, one, saying how much money is available, letting them bargain for it, and then sitting on the sidelines as the observer. It just seems to ne that we ought not to be doing this. And doesn't take any comments from your but lt just seems to me Ehak I'm noE prepared to support this type of legislaklon this morning .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Fawell. d I 55  tJ STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 32nd Leglslative Day ' March 24, 1995 SENATOR FAWELL: I Thank you very muchr Madam President. It -- it just seems to ' me, this is a good idea. You know, I -- I've sat on the Appropriation Committee for years. All of a sudden we would find i ou* Ehat there were things in the collective bargaining bills that I I -- that we received we didn't even know about. I remembgr a ; I couple of years ago when we found out that we had a -- a -- I somethinq was bargained away that was literally going to cost us hundreds of thousands of dollars, and it Was an accumulative type thing and -- and the bill was going to go up every single year, and nobody had bothered to Rention it to us until there we were in the Appropriations Committee telling -- being told that we had to pay for i*. Prankly, I nct only thlng we cught to be cbservers on -- when the -- when we are talking about collective bargaining; f think we also ought to be observers and -- and maybe tap the negotiators on the shoulder periodieally when they go into the federal courts, because the federal judge ls always telling us how to spend money. One of these days we might as Well a11 just fold our tents and go away because everybody 's got the budget al1 figured out for us. At least we ought to know what the heck is going on. I think this ts a good idea, and We ought to vote for it.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discusslon? Senator Rauschenberger, to close, hearing none. Sorry. Senator Butler. I'm sorry.

Thank you. I just want to make one quick observation; that is, you know, wedre criticized because the State taxpayers only put thirky-two percent into the kitty to pay for *he secondary -- elementary and secondary education. The problem we have is, wetre 1 I putting a billion and half dollars more into that -- into that I 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 fund each year than We did ten years ago . The problem We have is that the school boards agree to contracts at a rate of about ten billion dollars increase -- excuse me, a total of ten billlon dollars. All Ehis bill says is, if Wedre going to have to eome up with the money in the form of taxes, et cetera, we ought eo be somewhere near the bargaining table to try and understand What is going on and to prepare ourselves. After the fact is generally the way we learn these things, Which is -- and therefore, think this is a good idea.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, Senator Rauschenberger, to close.

I certainly appreciate the time and the attention of the Chamber. realize that this is going to be a difficult vote for a 1ot of Members, or perhaps it's not a difficult vote at all. like to point out just a few points ln closing. Number one, the -- the appointment and the application of the -- of the observer is permissive. The resolution -- the joint resolution passed by a recorded vote of b0th Chambers would be permissive. We'd probably only invoke it in -- in tines when We thought it was very important. What this is really about is is clearly declaring a legislative intent that we have oversight on things that that drive the appropriation budget of the State of Illinois. would say that it's very -- it's likely that it'll be very infrequent that b0th Chambers could agree on a recorded roll call by joint resolution to set some kind llmitation on the negotiations, but I think we should have that statutory right since we're responsible for paying the due bill fron the negotiations. This bill, if we pass it here, is amendable in the House. I'm certainly interested in amendnents. approached AFSCME and asked them lf they had suggestions. I think their --  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY t REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I their thought is that they have a difficult time supporting Ehis 1 in any concept. I wouldn't lead you to believe that they're likely to negottate this. I think for the most part they're pretty satisfied with the dtrection we've gone in labor arrangements. . I guess my question to the 3ody is, are we satisfied. I would remind everybody that collective bargaining outside of government has a bottom llne and a customer that creates a break on the collective barqaining system . In government, We represent - in State government - we represent the customers; we represent the bottcm line. It's not unusual or unreasonable to expect the market to break and to enter into negotiations. We have to simulate that in State government. I think this is a reaction to the fact that in many cases What's negotiated by the -- the Executive Branch with probably very good intentions and aggressively by our labor unions with very good intentions become a fait accompli for us that drive other spending decisions sometimesv perhapsr not in the best interest of the State. I thtnk this is a problematic bill. I would just ask you to think about the appropriation impact, think about the fact that this bill is far less than some of the opponents might be concerned it is, and I would request a thoughtfuly favorable roll call.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 595 pass. Those in favar will vote Aye. Those opposed wl11 vote Nay. The voting is open. Have a11 voted who wished? Have a11 voted Who wished? Have al1 voted who wished? Have all voted who Wished? Have a11 voted who wished? On this bill -- take the record, Madam Secretary. On this bill, there are 24 voting Aye, 30 voting Nog none voting Present. And this bill, having failed to receive the constitutional majoriky, is hereby declared lost. Senate Bill 597. Senate Bill 598. Madam Secrêtary, will you read *he bill.

58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Senate Bill 598. (Secretary reads title of bill) 3rd Readlng of the bill. I PRESIDING OFFICER: (SENATOR GEO-KARIS) . Senator Maitland . SENATOR MAITLAND: I Thank you very much, Madam Presldent and Members of the Senate. This bill removes the requirement of obtaining Commission approval of -- cf contracts, while maintaining the requirement i that such contracts be filed with the Commlssion. The change eliminates the Commission revieW of -- of contracts With affiliated interest when the contract is entered into or changed, but -- but does not change *he Commission's review of the transaction. The effort here -- the purpose here is an -- an ' intention to reduce the level of regulatory review in order to give telecommunication carriers more flexibility and freedom, and obvlously this is done so that they won't have to go in for ! I another -- they're only revlewed when the rate increase is -- is considered. I know of no opposition, and I seek your support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Welch. I

A questlon of the sponsor. PRESIDING OPFICER: (SENATOR GEO-KARIS) ; He indicates he will yield .

Senator Maitland, I have a analysis here that indicates that the Commission currently can condition its approval of one of I these fllings in such a manner as is necessary to safeguard public interest, and it can negate a contract that they feel is not in the public interest. My understanding is this b11l removes that authority fron the Commission. Is that true? ! I 59  . STATE OF ILLINOIS . 89TH GENERAD ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 PRESIDING OFFICER: (SENATOR GEO-KARIS) : Senator Maitland. Senator Maitland. ' I SENATOR MAITLAND I : I guessz Senatorr the answer ta that Would be -- be yes and -- r 1 and no. It Wouldbereviewedtn--inarateincreaseactivity 1 and--andcoulddenyitatthatpoint. 1

PRESIDINGOFPICER: (SENATORGEO-KARIS) Senator Welch. 1 I

So then the -- the actual filing about a contract W1th an affiliated interest would be accepted by the Commission until that utility files for a rate increase at some future date?

That is correct.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senakor Welch.

Senator Maitland, that's -- that could be an eleven -- up to or more, I quess, than an eleven-month period from the time of filing. If a utility just had a rate increase, and the next day goes in and files this affiliated contract, there would be no action by the Commission for the next eleven months. So it'd be eleven months, where possibly consumers would not be protected should that not be in their interest. Is that -- is that your reading of the bill?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Maitland.

Senator, currently when any of these contzacts, mïnor as they may be, are entered tnto, the -- the Commission has to review the contract. It ks a laborious tasky probably in most cases, has no effect whatsoever upon -- on -- on the operation or -- or anything 60 r' N STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leglslative Day March 24, 1995 like that. 3ut obviously, as -- as utilities do from time to time file for rate increases, that -- that would be reviewed at -- at that poknt in tkme, but is not -- the polnt here is to streamline the process, and -- and it was my understanding that both sides had pretty much agreed to this process. PRESIDING OFPICER: (SENATOR GEO-KARIS) Any further dlscussion? Any further discussion? Hearing none, the sponsor wishes to close? Senator Maitland. Hearing none, the question is, shall Senate Bill 598 pass. Those ln favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted Who Wished? Had a11 voted who wished? Have a1l vcted who Wished? Madam Secretary, take the roll. On thts bill there are 50 voting Ayer 2 voting No, 1 voting Present. And this bill, having received the constltutional majorityr is hereby declared passed. Senate Bill 619. Madan Secretary, Will you read the bill. ACTING SECRETARY HAWKER: Senate Bill 619. (Secretary reads title of bilk) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler. SENATOR BUTLER: Thank you very much, Madam President. Ladies and GentleRen, Senate Bill 619 came about because of the discovery of a dtscrepancy kn the treatment of the volunteer officers of -- and directors of religious instituEions, because we have two State Statutes under which churches can incorporate. One is the an older Act it's called the Religious Corporation Act - does not contaln language which limlts the personal liability of volunteer or unpaid officers and directors. The newer bill - the Not For Profit Corporation Act - does indeed offer protection to religious 61  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 corporate officers that is available and not available in the original bill. This bill was -- has been -- received a 1ot of support. It was brought to me by the Episcopal Church in Illinois. It's been agreed to by the Evangelical Lutheran Church, the Catholic Conference of Illinoisr the United Methodist Church y the American Baptist Churches, the Chicago Presbyterian of the -- Presbyterian Church, the Illinois Conference of Churches, Christian Church and -- of Disciples of Christ, and the Church of the Brethren. might say in closing, Ladies and Gentlemeny We kld every once in a While about a bill being our election bill. Well, consider this bill the going-to-heaven billr and if you need all the friends you can get in high placesy particularly those with a pipeline to heaven, would suggest you vote Yes.

PRCSIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Jacobs.

Thank you, Madam President and Ladies and Gentlenen of the Senate. Would the sponsor yield for a couple questions, please?

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates Ehat he will.

1, of al1 people, don't have a 1ot of concern with removing people from liabâlity, but the presentation is that this is to give -- exempts from liability those officers and directors serving without compensation, but also includes directors earning less than five thousand per year. So we are exemptlng paid directors, as Well as volunteers. Is that not ccrrect?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator BuEler.

No, that is not correct.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 62  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 32nd Legislative Day March 24, 1995 Senator Jacobs. 1 ! SENATOR JACOBS; The second point here ls that we have a category of volunteers that says this blll will exempt from liability *he officers, director and those persons who render services to or for the religious organization. Does that then mean that if I provide calendars to the -- tp the church for distribution that I now am immune from liability? Am I now considered a volunteer? As I read the billr that's exactly What it dces, and it appears that we need to tighten the language: Senator Butler, on the reference to khe volunteers.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler.

Senator, the (ntention of thts bill is to cover volunteers only.

PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Jacobs.

As I -- as I see the language, it says those persons who render services.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler.

I thlnk right ahead of that it says without compensation.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs.

But again: Senator, on line 74, on page 1, it says unless the director earns in excess of five thousand dollars per year from his or her duties as direcEors, other than reimbursement for actual expenses. IE appears to me we are mixin: apples and oranges 63  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 in this billr and I think it's -- the bill is actually flawed. And what you're trying to do I have no qualms with. Would like to see you take out of the record, clean up a little bit and make it a 1ot better for everybody.

PRESTDING OFFICER: (SENATOR GEO-EARIS) Senator Butler. Senator Butler.

Senator, if you look at that: sectlon (c) covers directors and section (d) covers volunteers.

PRESIDING OEFICER: (SENATOR GEO-KARIS) Senator Jacobs.

I understand that, Senator, but khen I first asked you if we are goin: to remove from liability those people making five thousand dollars a year, your answer was no; yetr this proviston provisicn (c) says makin: five thousand dollars a year or less they are immune from liabillty. That neans -- and don't get me wrong because my question did îo across two lines - one with the volunteers and the definition of vclunteers being khose who render services, and the five thousand dollars or less that a director can make and still be immune from liability. I don't consider someone naking five thousand dollars a year or less to be a volunteer.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler.

Once again, have to point cut, section (c) says director; section (d) covers volunteers. PRESIDING OFFICER) (SENATOR GEO-KARIS) Senator Jacobs.

And again, without belaboring the issue, I -- concur that 64  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 there 's two different sections, and as I indicatedz am mixing both. Bu* what I am saying is, in regards to the first question asked you uas, does someone making five thousand dollars a year or less, are they immune from liability. You say, no, they are not, only volunteers. It appears to me that they are immune from liability, number one, and, number tuo, that the the languaqe for volunteers appears to be a little loose, and I think it could be tightened up a little bit so we don't include those who give service. What do we mean by those Who render service? To, or fron y or within? think tt's a little vague, Senator.

PRESTDING OFFICCR: (SENATOR GEO-KARIS) Senator Berman.

Question of the sponsor.

PRZSIDING OFFICER: (SENATOR GEO-RARIS) He indicates he will yield.

Thank you. Just for the -- just for the record for the legislative intent, see by the last section, page 2, lines 7 through ll, subsection (f)r and it reads, HNothing in this Section is lntended to bar any cause of aetion against the corporation or to change the liability of the eorporation arising out of an aet or omission of any director, officer, or person exempt from liabiliey for negligence under this Section.'' For the record, if a unpaid...

PRESIDING OFFICER: (SENATOR GEO-RARIS) Go ahead, Senator.

If an unpaid director ls drivin: the church bus and runs a red light and runs me over, under this bl1l I could not hold the driver personally liable, but still could sue - and can collect? - against the church. 55  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24y 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler. SENATOR BUTLER; The answer is yes, and you can still sue the driver for willful and wanton, which is in that -- in section (c).

PRESIDING OFFICER: (SENATOR GEO-RARTS) Senator Bernan.

Again, so that we keep the record clear, there is no Willful and wanton; it's only straight negligence. But under agency law, respondeat superior, if I can't hold the -- generally, if I can't hold the agent liable, the principal isn't liable. But this bill makes an exception to that. Even though I couldn't hold the driver liable, the church, under ny hypothetical, could be. Is that correct?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler.

1'11 yield to Senator Hawkinson.

PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Hawkinson.

Thank you, Madam President. I think the answer is yes, but I think you're maklng a faulty assumption as Well. As I understand the bill, the direetor/driver would not be responsible for the church's debt or obligation, but you could still sue *he drivgr for his or her own negligence. This only would absolve the driver from the church 's obligationr unless he was willful or wan*on, *he way I understand If he individually was negligent, he would be responsible in his individual capacity. But I also have a ques*ion of *he sponsor, if the sponsor will yleld.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 66  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 He indicates he will yield .

Senatorr in any kind of corporatlon, Ehere can be instances Where a director has a self-dealing situation or a conflict of interest. If the director causes the church to ineur an obligation because of his oWn self-dealin: that was not revealed to the other members of the board, this does not absolve that director of the -- of responsibility, does it?

PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Butler.

No.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senatar Hendon.

Thank you, Madan Chairman -- President. To the bill: rise in support of this blll. think it's a good bill and anytime We can do something to help out the churches who are out there tryin: to steer people the right way, then -- then we should do it. And I ask support of the bill from a1l parties. Thank you. PRESIDING OFFICER; (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Trotter.

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

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will yield.

Senator Butler, if you could: just give me a definition about on -- on line 27 it saysr HNo person Who, without compensation other than reimbursement for actual expensesz renders 67  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 32nd Legislative Day March 24, 1995 services to or for a corporation organized under this Act...H Specifically, just what do you mean by rendering services?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler.

Well, I thought anskered that before. We're really talking about volunteers in this instance. So the services Would be those of volunteers. Keep ln mind this the other that wedre merely copying the -- a 1ag that exlsts righk ncw and has for manyr many years.

PRESTDTNG OFFICER: (SENATOR GEO-KARTS) Senator Trotter.

But as -- as a volunteer, you can 't render services, or at least that's not the Way I -- I -- I interpret this, you 're volunteering.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler.

Well -- you know, you can get a -- have a variety -- ycu can volunteer to paint the -- paint the chancellery. You know, there's a hundred different ways you can help a church.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Troteer.

What thls language should read is that yourre rendering free services versus you 're rendering services for compensation. So...

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler. ;ZNATOR BUTLER: m..does say volunteer.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 68  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Senator Trotter.

doesn't say volunteering. says youfre rendering services, not -- it doesn't say you're rendering free servicesr which would would mean essentially volunteering. It doesn't have that down here.

PRESIDING OFFICER: (SENATOR GEO-KARTS) Senator Butler.

Tt's -- Senatore it says without conpensation.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter. Any further discussion? Hearing none, Senator Butler, to close. The questlon is, shall Senate Bill 6l9 pass. Those ln favor will vote Aye. Those opposed will vote Nay. The voting is open. Have al1 voted who wished? Have al1 voted who wished? Have a1l voted who Wished? Madam Secretary, take the record . On that questlon, there are 49 voting Aye, voting No, 4 voting Present. And this bill, having received the constitutional majorityr is hereby -- required constitutional majority, is hereby declared passed. WICS-TV requests permission to videotape the Senate. Is permisslon granted? Hearing no objectian, permission is granted. Senate Bill 624. Mr. Syverson? Senator Syverson. Madam Secretary, Will you read the bill.

Senate Bill 624. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GZO-KARIS) Senator Syverson.

Well this Nas once a very good bill and now it's just become a teehnical clean-up bill for the State Police. So al1 the good 69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24# 1995 stuff was taken out and put into Raica's bill, but -- so know of no opposition to thls, and again, it's offered by the State Police. Just technical cleanup.

PRESIDING OFEICER: (SENATOR GEO-RARIS) Any further discussion? Any further discussion? Hearing none: Senator Syverson, to close. Senator Syverson, to close. The question isy shall Senate Bill 624 pass. Those in favor Will vote Aye. Those opposed will vote Nay. The votln: is open. Have al1 voted who Wished? Have all voted Who wished? Have al1 voted who wished? On that question -- Madam Secretary, Eake the record . 0n that -- on that question, there are 54 Ayes, none voting No, none voting Present. And this billr having received the required constitutional majority, is hereby declared passed. Senate Bill 625. Senator O'Malley. Senate Bill 635. Senator Fitzgerald. Madam Secretary, will you read the bill.

Senate Blll 635. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fitzgerald .

Thank your Madam President. Senate Bill 635 amends the Parental Responsibility L@w and increases the maximum recovery of actual damages from one thousand dollars to ten thousand dollars. The Parental Responsibility Law is a law thaE allows a suiE against parents of, say, a delinquent minor who damaqes or defaces property, such as with graffiti. The parent can be held liable for the damages under the Parental Responsibility LaW . This bill is lnitiatlve of the Cook County State's Attorneys Office and simply increases the maximum recovery of actual damages from one thousand dollars, which was set, believe, many years ago , and 70  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 1995 increases it to ten thousand dollars. There are no known opponents. Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any c- any further discussion? Senator Jacobs.

Go* to -- getting up too much. don't like this. Will the sponsor yield for a question, Madam President?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senaeor Fitzgerald .

Would would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Would you yield? Senator Fitzgerald. SENATOR JACOBS) Thank you. Senator Fitzgerald, it appears tc me that wepve done some things in this Legislature recently which I -- I happen to aqree with and that is to make minors accountabler to make minors who commit murder, as an example: to be tried as a adult. This appears to rub in the face of that a little bit. By that, mean here we have kids kho are doing things and we're not going to hold the child necessarily responsible; We lre going to increase the burden upon the parent. Now, don't get me wrong. You know, the parents have responsibility, too. But my problem I have with this simplicity of the bill is that we now say parents are liable up to ten thousand dollars for the actions of their children. In many cases these children are much older than you and in maturity, but not necessarily in age. It becomes a little difficult for me ta accept that the parent should replace the burden of the ehild. Can you respond to thaty please?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fitzgerald .

STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I -- I share your concern, and I would agree With you if the I I Parental Responsibility LaW allowed recovery against the parents for merely the negligent acts of the children, but this is for the willful or malicious acts of such minors, and it is aimed at geteing at some of the ganq activity that's occurring in some of the larger cities. Particularly the Cook County State's Attorneys Office was concerned with the graffiti damage, and this is not -- this is not criminal liability. This is civil liability. Simply allows a lawsuit -- a -- a tort lawsuit against the parent, much as we have the dram shop laws which allow a suit against the tavern owner, Which at common law you could not have brought. This is -- there's no criminal liability here.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs.

I understand that. I -- I guess I -- to glve you an example I can think of, they pour a new sidewalk. The city does it or somebody does it and a couple of kids come and -- dumb. They're five, sixr sevenr eight years old and they decide to Walk down the sidewalk and tt's not completely dried. That parent, for that child, is going to be responsible up to ten thousand dollars in civil aceion. i

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fitzgprald...

That parent very well may be a good parent, may be in good control of that child, but it's just one of those things that kids I do from time to time. Is that...

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fitzgerald.

Senator Jacobs, as I read *he Parental Responslbility Law, it I 72  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 1995 would only apply to the willful or malicious ac*s of -- of such a minor. So the example you gaver I do not think would would rise to that level. This is for defacement, say, with grafflti of property and pretty -- pretky outrageous stuff. Thank you .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter, for further discussion.

Thank you very much, Madam Presldent. Senator Fitzgerald, is there a formula that you were working uith when you came up With ken thousand dollars?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fitzgerald .

There's no formular just thab the thousand-dollar figure has not been changed since 1969, and with -- as far as can tell. It may have been amended as late as 1980. I believe it Was set in 1969 though, and just With inflation, that isn't a sufficienk amount for one to even bother goin: to court. Your legal fees would exceed that one-thousand-dollar amount.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything further? Senator Trotter.

Why not twenty thousand dollars, or one hundred thousand dollars, or -- or five hundred thousand? I mean, what...

PRESIDING OFFICER: (SENATOR GEO-KARTS) SenaEor FiEzgerald.

Well, I believe Ehere needs to be some cap, because as Senator Jacobs pointed out, we are imposing liabilitye Which at conmon 1aw would not have existed against the parent, so that we have -- we have a limit, much like we have a thirty-thousand-dollar limit in the Dram Shop Aet.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator -- further discussion? Senator Hendon.

Thank you very much, Madan President. Will the sponsor yleld?

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he will.

Senator Fitzgerald, what if that child no longer lives at home With the parent? The parent had to put that child out because of acts like thls. Is that parent still going to be responsible for the acts of a child that doesn't even stay there anymore? PRESIDING OFFICER; (SENATOR GEO-KARIS) Senator Fitzgerald.

No. This Would only apply for an unemancipated minor Who lives with the parents.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hendon.

In the -- doesn't this fly in the face of tort reform where we 're trying to limit the damages that people can collect because it's really out of hand? And noW We're goin: to ten times -- increase it ten times. Doesn't that -- this, you know' fly in the face of ehat you have been pushing all the time here in this Chamber when it comes to liabllity?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fltzgerald. Senator Fitzqerald.

No. I think this is consistent with What Wepre trying to do . You know, when we repealed joint and several liability: that also - - it made people more responsible for their own actions, too. And in this case, we -- We do WanE parents to be concerned. This 74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 passed out of the Judiciary Committee unanimously. There was no opposition to this that I recall.

PRESIDING OPFICER: (SENATOR GEO-XARTS) Senator Hendon.

To the bil1: If I was on Judiciary, I Would have fought against it, because I believe, as Senator Jacobs said, if a fifteen-year-old gces out there and eommits murderr we're trying him as an adult. We don't try the parent. We try that -- and -- many of -- Members of this Body have really pushed that very hardr trying them as an adult. I believe that there are ehildren out here who may not like their parents because theydre Erying to be tough on them , because you gave them a spanklng, and they go out there and if they know that they can cause you ten thousand doltars worth of damage, a lot of chlldren are going to go ouE and do that just because they know they can make mommy ar daddy pay ten thousand dollars because we disciplined then. I think it does fly in the face of what we are trying to do With tort reform. And I'm just shocked, I'm amazed, that a conservative Senator such as yourself and -- and I share many of your conservative views - Would be here raisin: amount -- and liability. -- I'm just I'm jusk shocked. I'm -- I'm speechless.

PRESIDING OFFICER: (SENATOR CEO-KARIS) Further discussion? Eurther diseussion? Senator Palmer.

Thank your Madam President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR CEO-KARIS) He indieates he Will yield.

Senator Fitzgeraldr What are the ages -- when you say childrenr whak are the age ranges?

PRESIDING OEFICER: (SENATOR GEO-KARIS)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR sEssloN SENATE TRANSCRIPT 32nd Legislative Day Mareh 24, 1995 Senator -- Senator Eitzgerald.

The Act only applies for unemancipated mlnors - that's someone under eighteen residing at home. And *he other thing you sbould be aware of, the only party that can bring an action to enforce this is a nunictpal corporation, counky: eownship, village or other political subdivision, or a department of the State of Illinois, or any perscn, partnership, eorporation, assoeiaEion or any incorporated or unincorporated religiousy educational and charitable organizaklon.

PRESIDING OFEICER: (SENATOR GEO-RARIS) Senator Palmer.

You partially answered my question, but what determines What is -- who determines or what is willful and malicious? ïou gave as one example, graffiti. What do you say is that? Is that in the bill, or is this a determination by local authorities?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fitzgerald.

There is a large bcdy of case law which defines willful or mallcious acts, and lt's -- it's far greater than mere negligent acts. There is a degree of intent that is required, and it -- and ik borders on -- on criminal conduct. And I thlnk in many of the cases, the defacement, the graffiti and so on that this is aimed at would, in fact -- could possibly be criminal conduct. And this blll is attempting to allow private actions to deter such criminal or quasi-criminal acttvity.

PRESIDING OPPICER: (SENATOR GEO-KARIS) Senator Palmer.

One last ques*ion: What is the penalty to the parents if they 76 7 I  STATE OF ILLINOIS ' , 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 E ! are unable to pay the fine? What is the penalty to the parents if they are unable to pay the fine? I I

PRESIDING OFFICER: (SENATOR GEO-KARIS) I Senator Fitzgerald. !

This -- this is not a fine. This is a bill that allows a civil action against the parent. The civil action is already allowed. Okay? We're simply raising the amount that can be recovered from one thousand to ten thousand dollars, because -- there -- it is not golng to be in anyone 's interest to attempt to enforce an actlon where their naximun recovery is only a thousand dollars, because their court costs and attorney 's fees are likely to exceed that amount.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Palmer.

. .. me rephrase my question. If it is not a finey it is stlll an outlay of capital from a parent or two parents. Who determines or what are the penalties, should the parents be unable to comply with the ruling?

PRESIDING OFEICER: (SENATOR GEO-KARIS) Senator Fitzgerald.

Well, first of all, anybody is -- Who is going to bring a clvil suit against a judgment proof debtor? I meanr that's -- no one is going Eo spend their attorney's fees to go after somebody who can't pay the judqment in any case. But assuming that a judgment were Eaken aqainst a judgment proof debtor, the plaintiff could attempt to collect EhaE judgmenk in *he same manner that he or she Would attempt to collect any other judgment. !

PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything furEher? Senator Fawell. 77  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatlve Day March 24, 1995

Thank you very much. For those who have been asking al1 thls -- these questions about why we should pass this 1aW and -- and what this law is going to dor 1et me clue you in. This 1aW has been on the books for over thirty years. I happen to have a brother-in-law that sat in this same Chambers who was the sponsor of the 1aw back ln 1960. This is the laW. And at a -- at that time, a thousand dollars was probably equivalent to what ten thousand dollars is now. All this bill is doing is raising the amount. If you if thls law fails, the 1aw is meanr if thfs bill faëts: the 1aw (s still on the books. The 1aw has been place for thirty years, and I happen to know of a few tines very fewy frankly, when it's been enforced. It's when a kid goes ou* and deliberately vandalizes a home, such as we saw not too long ago up in -- in one of our counties. I mean, those kids were sitting there in that house for about three nights. Now, don't tell me that the parents were looking out for their children their kids were gone for three nights. They sat there and took video pictures of themselves. It just seems to me that it's about time we raise the limit. Maybe the kids might stay home and do what they lre supposed to do and the parents might keep better track of them kf they know darn wekk they're gokng to get hit by the costs, instead of the pcor guy who had his house vandalized or the city that's had their -- their sidewalks vandalized. I -- it's a good idea. It's time We raise this limit. We ought to vote for *he bill.

PRESIDING OFFICER: (SENATOR GEO-EARIS) Any further discusslon? Senator Jacobss is that for Ehe second time?

Yes, and I apologize for that, Madam Chairman.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 78  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 1'11 accept your apology i . I

Just a closing remark. I agree with Senator Fawell that this is a bill that's been on the books. Gaod book -- good bill. I have no qualms with the bill. A thousand to ten thousand dollars, that seems a little bit exorbitant to me. But there 's one question that Senator Palmer brought up in regards to the civil sult: and -- and the sponsor indicated that no one in their right mind would go after someone who is in a debEor situatlon. So I guess my only question to you thenr is this an attack upon middle-class Amerlca?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fitzgerald.

This is a -- this is a pro middle-class-America bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, Senator Fitzgerald, to close.

Thank you, Madam President. This bill passed out of Judiciary Committee on the Agreed Bill List wlth the agreement of b0th the Chairman of the Committee and *he Minority Spokesperson. It simply brings a thirty-year-old statute up to date to impose a -- keep it up with inflation. I would think those Who live in urban areas where it's more conmon to have defacement of property would lkke Eo have Ehts blll. Your constituents -- if you represent an urban area or any area Where teenagers are going out defacing property, your consEituenEs will like this bill, because it gives them a Nay Eo recover the costs of *he damages to their property. And this bill can assist in deterring some of the graffiti and gang activity that's going on and plaguing our cities. I urge an I Aye vote. Thank you. i 79  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) The questibn is, shall Senate Bill 635 pass. Those in favor vote Aye. Those opposed wl1l vote Nay. The -- the voting is open. Have a11 voted who wished? Have al1 voked who wished? Have al1 voted who Wished? Mr. Secretary, take the roll. On Ehat questlon, there are 51 votinç Aye: 4 voting No, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 637. Mr. Secretaryw will you read the bill.

Senate Bill 637. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Raica.

Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 637 passed out of the State Government Operations Committee 7 Eo nothing. It merely requires the State Fire Marshal's Office to make rules establishing fees for administering examsy certifying schools and certifying fire flghters. also removes the riverboat language pue in by Senator DeLeo, and it's supported by the State Fire Marshal's Office, the Illinoiq Pire Chiefs and Chicago Fire Fighters. And there's no known opposition.

PRESIDING OFFICER: (SENATOR GEO-KARIE) Any further discussicn? Any further discussion? Hearing noner the question shall be, shall Senate Bi11 637 pass. Those favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wished? Have a1l voted who wished? Have all voted Who Wished? Mr. Secretary, take the roll. On that question' there are 55 voting Aye, none voking No, none voting 80  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I Present. And this bllls having received the required constitutional majority, is hereby declared passed. Senate Bill 646. Mr. Secretary, will you read the blll.

Senate Bill 646. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.

Thank you, Madan President. Senate Bill 646 amends tbe Use Tax Act, the Service Use Tax Actr the Service Occupation Tax Act and the Retailersl Occupation Tax Act to increase the penalties for fraudulently claiming sales tax exemptions. Under current law, a buyer who fraudulently claims to be a reseller is guilty cf a Class 4 felony. Senate Bill 646 increases that to a Class 3 felony for purchases under three hundred dollars and a Class 2 felony for purchases of three hundred dollars or more. There was a technical amendment adopted in committee.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Is there any further discussion? Any further discussion? Hearing none -- Oh! Senator Berman?

Thank you, Malam Presldent. I would just point out that under this bill, if a -- an amount of, 1et us say, two hundred and ninety-five dollars is owed, the penalty is a Class 3 felony. A Class 3 felony is -- let's see, how many years in -- in the penitentiary? Three to seven? I'm not sure. But it -- it just seems Ehat youdre -- youlre taking a relatively nominal amount of dollars being owed and enforcing a Class 3 felony upon it. That's pretty tough stuff.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 81  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Any further discusston? Senator Hawkinson.

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

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he will.

Senator, on the same polnt, really, Class 4 felony, which is the current law, would allow somebody to go to prison for up to three years. Do know if anycne has ever been sentenced to prison for this offense?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley.

Senator, I donlt know the ansuer to that question. I -- I don't know the level of prosecution. What -- What has prcmpted the interest in this is -- isr the amount of some of the clubs that have been established around the State, Where people are actually going in and clalming that they are -- are purchasing for resale, and in fact, it's for consumption.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hawkinson.

have no doubt that it's a problem. But guess my point would be that a felony is pretty stiff punishment under current law, and tHat you -- you -- if it's not being prosecuted, ycu're not going to change that by -- by raising it from a 4 to a -- a 3. And I'm really not sure that -- that you 're solving the problem by doing this, and -- and I -- I Ehink wedre Erying to hold the line on a 1ot enhancements for probably a lot more serious offenses than this one this year.

PRESTDING OFFICER: (SENATOR GEO-RARTS) 82  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leçislative Day March 24y 1995 Any further discussion? Hearing none, Senator O 'Malley, tc close.

Well, I appreciate the comments from Senator Bernan and -- and Senator Hawkinson, and I -- I really believe that lf our 1aw -- 1aW enforcement community and the Department of Revenue isn't enforcing the law, which I don't know to be the case, then -- then I really thlnk that maybe we ought to be sending a very strong message to them that they should be doing that. I would request an - - an affirmative roll call. Appreciate it.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 646 pass. Those in favor, vote Aye. Those opposed uill vote Nay. The voting is open. Have all voted Who Wished? Have a11 voted Who wished? Have al1 voted who Wished? Mr. Secretaryr take the record. On that -- on that bill, there are 34 voting Ayer 11 voting No, 7 voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 675. Mr. Secretary, will you read the bill.

Senate Bill 675. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Rauschenberger.

Thank your Madam Presldent and Ladies and Gentlemen of the Senate. Senate Bill 675 is a reincarnation of Senate Bill 1702 from last year - the flrst plank in my lmportant reelection campaign blll. This is the repeal of archaic and -- and non -- obsolete skatutes from the General Assembly books. The bill was amended six separate times last year to deal With concerns. We 83  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatlve Day March 24, 1995 took the information we had and re-notified al1 the departments and a11 the groups that we were refiling the bill. Wefve had no opposition whatsoever. These bills and statutes are a11 obsolete. It Will remove somewhere between four hundred and five hundred pages from the statute books relating to important things like the ability of the State of Illinois to enter into an agreement with Indiana to dig a canal between the twor relating to the registration of lobbyists for the Constitutional Convention of the State of Illinois, Nhich took place back in 1970. This is an opportunity for me to -- to get a bill with -- with less difficult questionsr unlike my last bill. So if would appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, Senator Rauschenberger, to close.

would appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR GEO-KARIS) On that question, shall Senate Bill 675 passr those Who are in favor will vote Aye. Those Who are opposed Wl1l vote Nay. The voting is open. Have a11 voted who wished? Have a11 voted Who wished? On that questicn -- take the record, Mr. Secretary. On that question, there are 55 voting Aye, none voting Nor none vcting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 682. Senator Maltland. Senate Bill 704. Senator Bowles. Mr. Secretary: will you read the bill. 704.

Senate Bill 704. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-RARIS) 84  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT E 32nd Legislative Day March 24, 1995 Senator BOW1es. SENATOR BOWLES: ! I Thank you, Madam President, Ladies and Gentlemen of the I I Senate. Senate Bill 704 creates the Community Mental Health Center Order of Protection Act. The purpose of this is to permit 7 the community mental health centers to secure an order of Protection much more quickly and readily . It's motivated by the fact that we had a -- we have a rather unpredictable kind of clientele at these centers , and we had a -- unfortunately , a : murder and a suicide which was , of course, very traumatic with the other patients, as well as with the employees. This blll was on the Agreed Bill List in the -- in the committeey and I would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusslon? Hearing none, Senator Bowles, to close. On this bill, the questicn is, shall Senate Bill 704 pass. Those Who are voting Yes -- those who are in favor, vote Aye. Those opposed will vote Nay . And the voting is open. Have a11 voted who wished? Have all voted who wished? Mr. Secretary, take the record. On that question, there are 56 voting Ayg, none voting Nc, none voting Present. And this bill, having received the required constitutional majorlty, is hereby declared passed. 717. Senate Bill 717. Senator Dunn? I'm sorry. Ralph Dunn. 773. Senate Bill 733. Mr. O'Ma11ey? Mr. Secretary, Will you read the bill.

Senate Bill 733. (EecreEary reads kitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley.

85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Thank you, Madam President. Senate Bill changes the compositlon of the Motor Vehicle Theft Prevention Council and extends the date upon which the Act is repealed frcm January 196, to January 1, in the year 2000. The purpose of thls -- of -- of the Act is to prevent and combat theft by establishing statewide planning capabilities and coordinating financial resources. The bill does change the makeup of *he Council by gkvlng the Governor an addltional appokntment. It also provides that five of the Governor's appointments must be representatives of insurers who, incidentally, must be -- those -- those representatives must be domiciled in Illinois. This bill has been supported by Allstate, the State Police: Department of Insurance and the Illinois Criminal Justice Information Authority.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearlng none, the question is, shall Senate Bill 733 pass. Those in favorr vote Aye. Those opposed will vote Nay. And the voting's apen. Have a11 voted Wha Wished? Have al1 voted who wished? Have all voted whc Wtshed? Mr. Secretaryr take the record. On -- on that question, there are 55 voting Aye, none voting :o, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. senate Bill 739. Senate Bill 756. Senator Sieben. Mr. Secretarye will you read the bill.

Senate Bill 756. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator sieben.

Thank you, Madam President and Members of the Senate. The Senake Bill 756 transfers *he authority r powers and duties of the 86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24r 1995 Lieutenant Governor's Commission on Community Service Act to the ! Department of Commerce and Community Affairs, and they Willingly accept that transfer. There is no opposition. Ask for an Aye 1 1 vote. . 1

PRESIDING OFFICER: (SENATOR GEO-KARIS) ; Any further discussion? Any further discusslon? Hearing none, the question is, shall Senate Bill 756 pass. Those in favor will vote Aye. Those cpposed will vote Nay. The voting is open. Have a11 voted who Wished? Have all voted who wished? Have a11 voted Who Wished? Mr. Secretaryy take the record. On that bill, there are 55 voting Aye, none voting Nay, none voting Present. And this bill, having received the requlred constitutional majority, is hereby declared passed. Senate Bill 762. Senator Klemm. Mr. Secretaryr will you read the bill.

Senate Bill 762. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 762 permlts any county to conduct programs, spend county funds, nake application for grants and coordinate activitles for the preventiony reduction or control of juvenile delinquency withln *he county. This mirrors the legislakion EhaE allows municipalities to enact such programs, and we Wish the county to do the same. And I ask for your support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dlscusslon? Any further discussion? Senator Jacobs.

87  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Madam Chairman -- Madan President, Ladies and Gentlemen of the : I Senater I'm beginning to feel like a yo-yo, and on bills that really don't seem to mean much. But here again, Senator, why do we need this? Can't counties do this already? Can't they already I decide how they're going to spend their funds?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm . Senator Klemm.

I'm sorry. I was listening to other discussion. Could he repeat the question?

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, why dc we need that. Don 't counties have the right to do it now . Senator Jacobs, would you like to restate your question?

Yeah. That's basically the question. You did very well, Madam President. It just simply is, why are we doing this? Don't counties have the authority and the right to -- to spend their money in any way they want to now?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm .

From our understanding, from McHenry County State's Attorney, is that they don't specifically have the authorization to do scme of the programs. They'd like to coordinate them with the authorlty that we've given municlpalitles.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs.

So this authority then would be to the State's attorney, or would it be to the county board, to make that determination. It's ny understanding that the county board can decide on its own 88  STATE OF ILLINOIS 89TH GENERAL AESEMBLX REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24: 1995 merits how to spend noney regardless of where they want to spend it and how they want to spend as well as -- as lcng as theydre willing to take the heat of their constltuents back home.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm. SENATOR MLEMMJ Well, I would have thought so too: Senator, and I Would have wasn't aware they weren't able to do the programs they Would like to. We have a communtty-based organization trying to fight some crime and delinquency. The municipallties are able to join into it. Apparently, I'm advised, the counties are not; therefore: this will give them that authority. It would seem to me that if we thought they should have had in the first placer which I agree with youy this would certainly assure that they have, and thereforer I know you would support that.

PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Jacobs.

Again: just in closing, as Senator Hawkinson said earlier, you know' we dondt need to nuddle up Ehe record -- or the law books with a 1ot more legislation. : would suggest rather than passing thls legislation, which 1'11 vote for if -- if you vant eo bring it to a vote, bu* rather than doing this, that you Would enter into an intergovernmental agreement with the municipalities an# do the same thing.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussicn? Any further discussion? Hearing none, Senator Klemmr to close.

Well, it seems like to curtail the counties from doing some programs to prevent juvenile delinquency and crime, to end up having to go with an intergovernmental agreement with 89  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 . ! municipalities, seems like a cumbersome way. It seems like this I ! should be a united effort by munlclpalities and counties, and even I Stater to try to solve sone of the problems. Those Who don't wish the county to participate certainly can have.a right to vote No. I thtnk al1 of us should support this legislation to give them to those tools to do that. I ask for your support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 762 pass. Those in favor, vote Aye. Those opposed will vote Nay. And the voting is open. Have a11 voted Who wished? Have a11 voted whc wished? Have a1l voted who wished? On that question, Mr. Secretary, take the record. There are 55 Ayes, none voting No, none voting Present. And this bill, having recelved the required constitutional najority, is hereby declared passed. Senate Bill 763 is going to be recalled. Senator Dunn, dld you Wish to recall it to 2nd -- to 2nd Reading for purposes of amendment? Senator Ralph Dunn. Senator Ralph Dunn seeks leave of the Body to return Senate Bill 763 to the Ordgr of 2nd Reading for purposes of amendment. Hearing no objection, leave is granted. Senator Dunn. On that Order of 2nd Reading is Senate Bl11 763. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No . 1, offered by Senator Ralph Dunn.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dunn, to explain your anendment.

Thank you, Madam President. Senate Amendment 1 to Senate Bill 763 clarifies Ehe intent of the bill and makes it an immediake effective date. I move its adoption.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discusslon? Hearlng noner a11 those in favor of the amendment, signify by saying Aye. All opposed, Nay. The Ayes 90  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 ! have it, in the opinion of the Chair. Any further Floor r amendments approved for ccnsideration?

No further amendments reported, Madam .president.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . Senate Bill 764. Senator Ralph Dunn. Mr. Secretary will you read the bill.

Senate Bill 764. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Ralph Dunn.

Thank you, Madam President and Members of the Senate. This legislakion is aimed at the Kincaid-Reed Street Conservancy District in Jackson County. They 've been having some problems trying to develop some -- and having some difficulty developlng a land -- sort of a subdivision and -- resort, and as a result, why, they've found out that -- I think that they agree they need some more members on their board. So this would add two members. Presently there are five members on the board. This would make it seven. And it would say that no more than four could be of either political party. That's the intent and whole story pf the b111. I'd urge a -- be glad to answer any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, the quesEion isr shall Senatg Bill 764 ,pass. Those in favor Nill vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted whc wished? Have a11 voted who wished? Have a11 voted who Wish? Take the record. On that questiony there are 54 voting Ayer none voting No, nong voting Presen*. And this bill, having received 91  ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ! SENATE TRANSCRIPT ; E 32nd Legislative Day March 24, 1995 the required constitutional majorityr is hereby declared passed. Senate Bill 766. Senator Madigan. Senate Bill 769. Senakor Petka. Mr. Secretary, read the bill. SECRETARY HARRY: . Senate Bill 769. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka. SENATOR PETKA : Thank you, Madam President, Members of the Senate. This bill would exempt overtime provision -- pay provisions under which -- currently under the federal Labor Standards Act are exempt from overtine, to make those provisions applicable to Illinois 1aw and to -- to conform with the federal law. This bill passed out of thls Body two years ago 55 to 0. 1'11 entertain any questlons that Members may have. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dlscussion? Hearing none, on this bill, the question is, shall Senate Bill -- Senator Garcia, did ycu wish to be heard? SENATOR GARCIA : Thank you, Madam President. PRESIDING OFFICER: (SENATOR GEO-KARIS) You almost didn't make it. SENATOR GARCIA : Would the sponsor yield for a brief one? PRESIDING OFFICER: (SENATOR GEO-KARIS) Yes, he indicates he will yield. SENATOR GARCIA : Thank you. Senator Petka, I didn't catch all of the discussion in comnittee. Why would you want to add radio or 92  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 television announcers, news editor or chief engineer tg the class I of employees who are exempt currently, which are motor vehicle salesmen and mechanics, boat and aircraft salesmen and some of the others? What's the purpose for that?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka.

Thank you. The -- the purpose is, Senator, that these employees under current federal laW - a 1aW that Was passed by a Democratic Congress when they passed federal Labor Standards Act - enjoy that exemption under federal law. What we're merely doing here is permitting this exemption to be extended to -- to State law.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, Senator Petka, to close.

I would urqe an Aye vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 769 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted Who wished? Have a11 voted who wished? Have a11 voted Who wished? Madam Secretary , Will you take the roll. ON that questlon, there are 39 voting Aye, 12 vo#ing Nor 3 voting Present. And this bill, having received the required cons*i*utional majoriky, is hereby declared passed. Senate Ei11 774. Senate Bill 783. Senator Watson? Madam Secretary, Will you read the bill.

Senate Bill 783. (Secretary reads title of bëll) I 3rd Reading of the bill ! . j I 93  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day Karch 24, 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson.

Yes. Thank you, Madam President. This bill impacts a school district in -- in the late Kenneth Hall's district, and it prov ides that bonds issued by Signal Hill School District, which ' is located in Belleville, to replace the school building damaged by mine subsidence shall not be considered for the debt ceiling. This bill passed out unanimously out of the Education Committee. Glad to answer any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any furthe' r discussion? Hearing none, the question is, shall Senate Bill 783 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wished? Have a1l voted who wished? Have a1l voted who wished? Madam Secretary, take the record. 0n that question: there are 52 voting Aye, none voting No, 1 voting Present. And this billy having received the required constitutlonal majority, is hereby declared passed. Senate Bill 789. Senator Karpiel? Madam Secretary, will you read the bill. END OF TAPE TAPE 3

... tmicrophone cutcff)...789. (Secrekary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) I 94 q STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 i Senator Karpiel. ' SENATOR KARPIEL: j Thank youy Madam President. Senate Bill 789 clarlfies the I definitîon of ''storage site'' and ''transfer station'' and defines I ''transfer container'' in the Environnental Protectkon Act. Under current law, the transfer or storage of intermodal units containing waste has created confusion and controversy as to whether or not the site of the transfer of the intermodal units is a transfer station or a storage of Waste, and thus subject to regulation. This bill changes the definition of the -- as I satdr of the storage site transfer station to eliminate the confusion. This bill has been worked on between the Illinois EPA , the railroad -- the people of the Railroad Association, the gaste people that are involved in the waste industry, and the environmental groups, and we've been working on this for about a year now. I think we have reached an agreenent with Senate Bill 789. I think there nay still be a little tinkering to be done, which they are willing to do in the House. But basically this ls an agreed bill that has been, as I say, Worked on for quite a long time, and I'd ask for your Aye vote. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Welch. SENATOR WELCH ) Question of the sponsor. PRESIDING OFFICER: (SENATOR GEO-KARIS) Question of the sponsor. She indicates she will yield. SENATOR WELCH: Senatorp if a railroad car contains garbage and it's sitting in a railroad yard, it has to be moved within five days, accordlng to this bill. Can it just be moved within the yard? Can it be moved tuenty-five feet or noved Eo another rall, or does ik have to be moved out of that entlre location? I I 95  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Karpiel.

It has to be moved out of that location.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Welch.

Could you tell me what the -- how you define the location it's in. I was looking through the bill and I couldn 't find it. HoW do you define where the area is it has to be moved from?

PRESIDING OFFICER: (SENATOR CEO-RARIS) Senator Karpiel.

You mean in the bill? I don't think it's actually in the bill. The ldea is eiEher a -- a -- a railroad yard, or where -- or where -- sometimes it's not a yardy it's out of the yard and it's just along the track Where they do transfers, you know, between the track.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further, Senator Welch? Senator Lauzen.

Thank you, Madam Chairman. Just two -- two quick questions. Does -- for the sponsor. Does this bill have any affect on solid waste transfer sites, you kncwc in any of our communities where the garbage trucks come in, they consolidate Waske, and then put in a form so they can ship it further?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Karpiel.

This does not include any kind of a site Where the waste is actually removed or exposed. has to be in Ehis intermodal container, which is defined in the bill, and then just put on 96  ! ! STATE OF ILLINOIS E 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24z 1995 another mode of transportation. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, Senator Karpiel, to close. Senator Karpiel, to close. SENATOR KARPIEL: Thank you. I think it's a very -- I think ik's a fairly simple bill in the sense that -- and logical. To me it makes a 1ot of sense that if a truck is coming from a landflll site and the garbage is on this -- in this intermodal container, which as I sayr is defined in the bill and it has to be completely enclosed and -- you know, it can't be material that you can get water into or rodents, or anything, and it's taken off of that truck and put onto a train to move it out of -- out of Illinois or the area or something like that, to me it makes sense that that is not a transfer station. It is not a landftll, and it shouldn't be subject to that kind of regulationr and I ask for your Aye vote. PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 789 pass. Those in favor, vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted who wished? Have all voted who wish? Have a11 voted who wish? Madan Secretary, wl11 you take the reccrd? On that question, there are 41 voting Aye, 1 voting Nay, 9 voting Present, and khls bill, havins received the required constitutlonal majority, is hereby declared passed. 796. Senator Walsh. Madam Secretary, Wi11 you read Senate Bill 796. ACTIHG SECRETARY HAWKER: Senate Bill 796. (Secretary reads title of bill) 3rd Reading of the bill. PREGIDINC OFFICER: (GENATOR GEO-KARIS) Senator Walsh. SENATOR WALSH: 97 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatlve Day March 24, 1995 Thank youy Madam President and Members of the Senate. Senate Bill 796 amends the Banking Act provisions relating to customer financial record confidentiality. Thls provides that the bank is not to mail a copy of a Statewidg Grand Jury subpoena issued for financial records to any person prior to complying with the subpoena. I'd ask for a favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Trotter.

Thank you very much. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he Will yield.

Is there a reason why we are not warning these people or allowing these folks to know that they are belng subpoenaed or their records are being subpoenaed?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh.

Frequently agencies want to or when when a person is being subpoenaed or prosecuted, they want to keep it confidential for a -- for a matter of time, and and that's the purpose of this.

PRESTDING OFFTCER: (SENATOR GEO-KARTS) Senator Trotter.

Doesn't current case 1aw demand that -- that there is a fiduciary responsibiliEy on these banks to notify individuals that their records are being seen?

PRESIDING OFFICER: (GENATOR GEO-RARIS) Senator Walsh.

98  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatkve Day March 24y 1995 Could you repeat the question?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter, would ycu repeat the question?

Yes. Under current case laws, as I have seen it, it says that banks have a responsibility to notify their clients, under their fiduciary responsibilityr that their records are being looked at or seen by other individualsr and not to do so, if I understand -- or from the way I've read the case law, would subject them to punitive damages. So thls, in itself, is going to be circunventing that.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh. Senator Walsh.

What what's happening here is the -- the banks are -- are getting two conflicting signals here. This isn't current -- current case law.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter, anything further?

Yes. Well, understand that what you dre trying to do is not current case law, but there is current case 1aw saying that banks have this fiduciary responsibility to notify their -- their clients. So -- so this, in factr will subject them -- or could subject them to punitive damages from those that -- that are actually doing business with them .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh.

That's the purpose of the bill: not to subject the bank to punitive damages. What they're trying to do -- what they're trylng to do here is when there is a subpoena, oftentimes the 99  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 grand jury does not Want the target of the subpoena to -- to know that they 're being subpoenaed, and so if they're subpoena -- if I i the subpoena comes to the bank they -- tbey -- the bank, Wkth their -- their responsibility, has to tell their customer. The : purpose of this bill is not to have to tell the custoner of the subpoena. PRESIDING OFFICER: (SENATOR GEO-KARIS) Anything further, Senator Trotter? I SENATOR TROTTER: Yes. PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Trotter. SENATOR TROTTER: Yes. What -- what thls is doing -- just to the bill -- to the bill: This is circumventing the responsibility that the bank has to their customers. I can understand that the various laW enforcement aqencies may not want other individuals to know that they are having an investlgation ongoing. Howeverr We, as citizens -- Wer as citizens, do have rights. And what we're doing here is actually taking away those rights. And -- and as they 've said beforer if they come for me today, tomorrow they may well be coming for you. And I think that we really need to be looking at when we do Ehese kind of things, what are we doing, especially in the face of ogr constitutional rights to privacy and our constitutional rights to knoW. Thank you very much. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemmr further discussion. SENATOR KLEMM: ' Thank you, Madam President. Senator Trotter raised some good questicns; hoWever, We, I think, answered those in committee. This is limited only to a Statewide Grand Jury. Not your regular county grand juries and all the others that, perhaps, Senator l00 k.  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Trotter is concerned about, and I would share that. But this is Statewide Grand Juries only. These are the grand juries that come down for drug dealers. These are the ones that we come down for the large-scope problens that the Attorney General ends up saying this is a problem that we have to investlgate. And what we're doing then is saying, ''Hey, people, we fre going to investigate you on your drug dealings and your holdings. We'd better send you a notice so you can skedaddle out of town and take a1l your stuff with you.'' That seems pretty dumb. This is a very limited and narrow-scope provislon that I think really grotects the citizensr rather than takes away the rights. If it were for a1l grand juries would join Senator Trotter in opposing but I think the answer the sponsors gave us to the questions We had in the committee alleviated our fears and we al1 feel comfortable this is not an abuse, and I do ask for your support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dlscussion? Senator Palmer.

Thank you, Madam President. A question of the sponsor, please.

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he'll yield.

Senator, isn't -- even though this is limited to Statewide Grand Juries, the fact that it gces into law, doesn't that then set a precedent on Which other laws can be built?

PRESIDING OFFICER: (SENATOR GEO-KARIS) SenaEor Walsh.

Againy what we 're -- what Wedre trying to do with -- wlth this bill - and ik passed out of commiEEee, I believe, wlth -- wiEh no opposition - is make consistent the subpoena and the statute.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 The statute right now is telling the bank that they cannot or, that they -- that they must disclose this information. The subpoena tells them not to disclose this information. What wedre going to do is make it consistent.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Palmer.

Just one last question. When you say ''not to disclose'' just want to make sure I understand this. The bank is subpoenaed and it as Senator Klemm said: it may perhaps have to do Wlth money in the bank from illicit activities, whatever. Then ycu're saying Ehat as of now, the bank must inform the person whose records are being subpoenaed, and Ehis will keep thaE from happening?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh.

With a Statewide Grand Jury.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Palmer.

Well, to the bill: -- I don 't agree with this, because it certalnly sets a precedent. You may have the best cf intentions, but you are layin: a very dangerous course here and I think this is an ill-advised bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Welch.

Thank you. As a cosponsor, just Wanted to point out one of the reasons you wouldn't nctify a person who has a bank account is that they could immediately Eransfer the money to anokher bank. Certainlye overseas to Switzerland or some Where else. So -- the 102  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 purpose of this bill is to help prosecute individuals who have money from drug deals or other illegal activities. So I think is a good billy which is why I added my name to Senator Walsh 's bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) . I Any further dlscussion? Senator Walsh, to close.

Thank you, Madam President. I would just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question ls, shall Senate Bill 796 pass. Those in favor, vote Aye. Those opposed Will vote Nay. The voting is open. Have al1 voted who wished? Have al1 voted who Wished? Have al1 voted who Nished? On that question -- Madam Secretary, take the record . On that questlon, there are 46 Ayes, 3 Naysr 5 voting Presentz and this billr having received the required constitutlonal majorlty, is hereby declared passed. 796. I'm sorry. 805. Senator Severns, for what purpose do you rise?

Thank ycu, Madam President. On a polnt of personal prtvilege.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Describe your point, please.

It's my honor to have joining us today in the Senate gallery, the Niantlc-Harristown fifth-grade classes of Marcy Wood and Jeff Deremiah, and I Would like the Senate to join in Welcoming them *oday.

PRESIDING OFFICER: (SENATOR GEO-KARIS) We cer*ainly welcome you here. Senate B111 814. Senator DeAngelis. Madam Secretary, Will you read the bill.

I fenate Bill 814. (Secretary reads title of bill) 103  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: Thank youz Madan President. The bill does exactly What it says. There's been a rapid rlse, at leasE in ny area, of students going to schools that they don't -- they have -- they have no residency in, and what this bill does, it determines how residency is established and it also creates two penalties When there is a violation. One is that the student Will be charged tuition, and the other one is that the person Who knowingly enrolls that person may be prosecuted and charged with a Class C misdemeancr. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Tratter. SENATOR TROTTER: Will the sponsor yield? PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he 'll yield. SENATOR TROTTER: Senator DeAngelis, I can understand: guess, basically a staEement that needs to be here. Well, 1et me first ask, why such harsh a penalty? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAnqelis. SENATOR DeANGELIS: Because it seems that the lesser penalties don't work. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter. SENATOR TROTTER: And so this -- so here you have parents kho -- who wanE nothing but the best for their children, Who's Working for something who -- for one, you're going to make them pay back the 104 t.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Lggislative Day March 24, 1995 tuition that theyfre doing. So now, I guess, you think you need ta do more than just, I guess, what you thlnk the slapping of the . hands, a hundred and ten percent. What is -- here what it says, tuition for a nonresident pupil is currently defined as an amcunt not exceeding one hundred ten percent of the per caplta cost of maintaining the schools in the district for the preceding year. So this has already been in place, and What kind of problems have you been having? I mean, still -- there's still been a flood of individuals coming over to your school district?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: Well, Senator Trotter, that's a good question, but if the only penalty Was to pay tuition, then everyone Would go, and if they get caught the pay -- they pay the tuition, and if they don't get caught, they don't pay the tuition. I mean there's no more -- it's not any penalty to do what you have to do: because if you attended the school and knowingly said that you're not a resident, you would pay the tuition. That's not a penalty. So What you do isy you go to it, take the chance they won't find out. If they do# you're not going to pay any more than What you have to pay if you confessed up front that you lre a nonresident.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter.

To the bill: So at Ehis point, I just Ehink ehat this is partly overkill. We are makin: individuals pay up to a hundred and ten percent of what the tuitlon costs were. Now what we dre doing here -- attenpting with this bill is -- is We're going to send the parents to jail for thirty days. I -- I just feel that this is just a little harsh for individuals who want nothing but a i good education for their children. And I think that -- thak what 105  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 we should be doing -- of course, we -- we need to have some klnd of penalties, but I think, in this case, in this particular bill, wefre going overboard, and I just believe that we should not be voting for these kind of initiatives..

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Welch.

Yes. Thank you, Madam President. This bill, when was in committee, several of us opposed it. And one of the reasons is, it sends a nixed message to our constituents. We've heard so much about individuals being able to choose the school of their cholcer being able to send their chlld to the best school they possibly can, being able to have a student enrolled in a school that is better than the -- than the ones around them, enpowering local school parents to send their kids to a better school. And what this bill says is, forget what we saidz look at this bill. If you do that, it's a Class C misdemeanorr and there's going to be a fine and thirty days in jail. So Why -- we have all this rhetoric pouring out from Springfield and Washington, D.C. abcut how our schools have to be better, how parents should look after their kids and be empowered to send them to better schools and get the best education possible, when a parent or two tries to do that, they can be thrown in jail for thirty days. I think that making them pay tuitiony as Senator Trotter said and ye said in the committee, is sufficlent. Thirty days in jail for trying to betEer ehe sEatlon in life of your child and yourself by going to a better school, that's a bit too much. five-hundred-dollar fine on top of that for somebody who 's trying to go to a better school, that's more than enough. think that this bill had the possibility of being a decent and reasonable bill, but to criminalize trying to improve your child 's education goes against everything wedve Ealked about in this Body, and everything that 106  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I I mos: of us believe. I think we should have a No vote on this bill PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing ncne, Senator DeAngelisr to I I clcse. SENATOR DeANGELIS: Thank you, Madam President. Senator Welch, if that parent really Wants that child to have What they perceive to be this better education by going to a better school, there's a simple solution here: Pay the tuikion. Whab is wrong with paying the tuition when you go to a school in which you do not reside? If you don't why donlt, we just have open enrcllment across the State? 1'11 accept that amendment. There is a flurry of activity because there is no penalty if you get caught now. Because what you would have to pay is what you 'd have to pay lf you did it legally. 1* may be a quality educakion aE a -- and it certainly is, but let's do it legally. I urge your Aye vote. PRESIDING OFFICER: (SENATOR GEO-KARIS) On that question, shall Senate Bill 814 pass, those in favor will vote Aye. Those opposed will vote Nay. The voting ls open. Have a11 voted who wished? Have a1l voted Who wished? Madam Secretary, take the record. On that question, there are 43 voting Aye, 9 voting No, 1 voting Present. This bill, having received the required constitutional majority, is hereky declared passed. Senator Raica, on Senate Bill 817. 817. Madam Secretary, will you read Sena*e Bill 817? ACTING SECRETARY HAWKER: ' Senate Bill 817. (Secretary reads title cf bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) genator Raica. 107 <.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

Thank you, Madam Presldent. The Calendar is exactly correct. It amends the State Fire Marshal's -- or the State Finance Act and Vehicle Code and authorizes the issuance of Illinois Fire Fiçhters' Memorial license plates. just ask for an affirmative roll call.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Is there any further discussion? Hearing none, the question is, shall Senate Bill 817 pass. Those in favor, vcte Aye. Those cpposed will vote Nay. The voting is open. Have a11 voted who Wished? Have a1l voted who wished? Have al1 voted who Wished? Madam Secretary, take the record. On that questian, there are voting Aye, none voting No, none voting Presenty and this bill, having received the required constitutional majorltyr is hereby declared passed. Senate Bill 822. Senator Klemm. Madam Secretaryy will you please read the bill.

Senate Bill 822. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm .

Thank youy Madam President and Ladies and Gentlemen of the Senate. Senate Bill 822 contains two provisions of adding small parcels of land into the Metropolitan Wa*er Reclamation District. One is fron a small, triangular parcel in Hoffman Estates, and the other was -- at Ehe requesE of Senator Rauschenberger on a small parcel in Streamuood. The Metropolitan Water Reclamation District has looked over b0th proposals and do not oppose the bill, and I do ask for your support.

PRESIDING OFFICER: (EENATOR GEO-RARIS) l08  I STATE OF ILLINOIS ! 89TH GENERAL ASSEMBLY ' I REGULAR SESSION j SENATE TRANSCRIPT 32nd Lggislative Day March 24, 1995 Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 822 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Had a11 voted Who wished? Madam Secretary, take the record. On that questionr there are 53 voting Aye, none voting No r none voting PresenE, and Ehis bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 836. Senator Dillard. Will you pïease read the bill, Madam Secretary. ACTING SECRETARY HAWKER : Senate Bill 836. (Secretary reads title cf bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard. SENATOR DILLARD: Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 836 creates the Parental Notice of Abortion Act of 1995, and provides that no person may perform an abortion upon a minor or incompetent unless the person performing the abortion has given aE least forty-eighE hours' notice to one parent or the legal guardian of the minor or incompetent. It contains exceptions to the -- the premise of the bill. There are procedures for judicial waiverr which the Governor has indicated he would need to sign such legislationr and the penalties in this bill are civil in nature, where the Attcrney General or a State's attorney having jurisdiction can bring a civil action. Basically, ik ls a Ehousand dollars for Ehe firsE viola*ion. For second or subsequent violations, a civil penalty of five thousand dollars is in the legislation, and it has a reporting provision, obviously with confidentialityr where we may keep the statistics from this Act. Thirty-eigh: other states have parental notification of I 109  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 abortion types of statutes that are valid. We have a litany of Statutes in the State of Illinots. I have five or six pages -- six pages of Statutes where minors -- when a minor is involved a parent must receive notification or has some type of veto power over the act of their child. Again, many states have this. know in my district overwhelmingly, whether they 're pro-choice or. pro-life on the question of abortton, nost of my constituents believe that a parent of a minor under eighteen should receive some notificationr with a judicial bypass in certain cases, for this type of medical procedure, and I'd be happy to answer any questions, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Berman.

Thank you: Madam President, Ladies and Centlemen of the Senate. I rise respectful opposition to Senate Bill 836. What we are confronted with in evaluating this bill is not whether we agree with it or disagree with it. We don't have that cholce, would suggest to you. Let me read to you what our Illinois Constitution says, Article 1, Section 6. It says: quote, ''The people shall have the right to be secure in their persons...agains: unreasonable- .invasions of prlvacy ....'f That language is stronger than even exists in the federal Constituticn. The federal Constitution doesn't even use the Word privacy. Pursuant to Article 1, Section -- excuse me, Section 6 of the Illinois Cons*i*ution, we have a -- provided by Ehat Constitutlon a state's rights that our Supreme Court has repeatedly indicated that that right of prlvacy includes the rlght for a woman to have an abortion. And that is a greater right than exists under the federal language. Recent Illinois courts have said that Women cannot be compelled, for exampler to undergo medical treatment, such as related ko childblrth, such as a Cesareang because of ll0  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 their fundamental right to privacy in matters of reproductive health. 0ur Illinois courts have also held that pocr wcmen - poor women have the same right as financially endowed wcmen, under our Constitution, to exercise the right to have an abortion. The case of Doe versus Wright upheld the use of Medicaid funds, for example, fcr abortions of poor women. So the question is not Whether We agree with this approach regardlng notice or don't agree with it. is not within our purview to rule upon has already been ruled by the language of Article Secticn 6 of our Constitution. Senate Bill 836 does, if it is passed, invite a court challenge, which will not -- which will resulty a), in a victory for the rights of women to choose when they wish to have an abortion, and a defeat of this legislation the court systems, and wlll incur a substantial cost to the taxpayers of Illinois. urge a No vote.

PRESIDING OFFICER: (SENATOR GEO-EARIS) Any further discussion? Senator Palmer.

Thank you, Madam President and Members of the Body. rise in very troubled, deeply concerned opposition to this bill, because of the consequences that it may have to womeny and especlally young women, should it be enacted into law. am going to read to you from the Journal of the American Medical Association. Whether you agree with -- whether you are pro-choice or pro-life or whatever: would like for you to hear what physiclans have to say, and I Ehlnk EhaE we would agree tha: the Journal of *he American Medical Association is certainly the main journal in this coun*ry. And when is said and done, Ehis is a medlcal procedure. Their remarks, and this is from 1992, say that adolescents who bear children are at a signiflcantly higher risk of leaving or falling behind in school and experiencing economic hardship than Eheir piers who Eerminate their pregnancy and EhaE  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT . I 32nd Legislative Day March 24# 1995 increasingly restrictive abortion laws are less likely to -- are ; ; also likely to disproportionately affect young, poor and minority 1 ' women who may lose sone of the access they currently have to the improved and sophisticated medical technology of current abortlon I procedures, and that we are likely to see an increase in mcrbidity and mortality. And finally, if national or state funding regulations or mandatory notificatian statutes deter or delay women from seeking an early termination of pregnancy and other points, then more gomen are likely to bear unwanted children, continue a potentlally health-threatening pregnancy to term: or undergo abortion procedures that would endanger health. I don't think this is a good idea. I would suggest that we vote No on this. Perhaps there are later times when we can take a closer look at, I'm sure, the concern that Senator Dillard and others may feel, but thls is nct the proper way to go .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Cullerton.

Thank you, Madam Presidentr Members of the Senate. The reason why I think Senator Dillard's district says that theydre in favor of this, whether they 're pro-life or pro-choice, and why many people if you polled them would say initially this is a good ideay is because you personalize it, and you say, well, lf -- if you Were in this situation where your daughter became pregnant, wouldn't you want to know. And the ansWer, cf course, is yes. But if it's a functional family, as most families are, the fact is that that daughter is probably going to come to you and tell you about *he siEuation. IE's in the dysfunctional families where Ehe problem occurs, because in a dysfunctional family, I uauld Ehink many tlmes that minor might fear abuse, and in many cases it mlght, indeed, be true. And what's Eo be accomplished when that abusive parent or parents are notified that the child is seeking 1l2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24y 1995 an abortion? Now, the judicial bypass, which is put in here because constitutionally requiredy is a practlcal makter, especially in some of your snaller counties won't work to preserve confidentiality. Everybody knows the clerk in the counties. Everybody knows the -- the lawyers, the judges. Some sixteen-year-old girl trylng Eo find her way to *he courthouse, not going to be a secret for very long. And with regard to the twenty -- or, forty-eight-hour Waiting period, you know, it's really interesting, one of the first bills that ever sponsored, when Was a freshman State Representative in 1979, was a twenty-four-hour waiting period. There had been a -- a number of abuses in abortion clinics on Michigan Avenue - abortion clinics where people were receiving abortions when they weren't even pregnant, and sponsored a bill to require a twenty-four-hour Waiting period, because there should be a -- the argument Was, there should be a -- a period of time between the diagnosis and -- and the procedure. And it was lnteresting that the -- the prc-life people killed the bill. They killed the bill. And felt that that bill would have been even constitutional. But they killed because they said, ''Well, really wasn't What they had in mind.'' What they had in nind was to really stop people from having abortions, and I'm sure that that's really what's behlnd many people who are opposed to abortlon, what's behind thls bill. really think that on the face of it, it sounds goad, makes sense. When you examine it, you find out that probably wl11 cause much more harm than lt's well-intentioned sponsors mean, and it's very, very likely that it continues to be unconstitutional. We '11 spend more money fighting it in court, and it will be like all *he other ones we lve passed. 1*111 be an unenforceable law.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Purther discussion? Senator Trotter. ll3  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

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

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he Will.

Senator Dillard, assuming that this bill will pass, do you actually believe that this will stop abortions here in the State of Illinois, or slow down the rate of abortions that are being done at this point in time?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.

I would hope so, but I do not know.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter.

Okay. Is there data that you might be privy to that other states Ehis has acEually slowed down the rate of abortions ln those states, even though you night not know if here in Illinois?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard.

Yes. There are those types of studies, Senator Trotter, and I'd be happy to -- I do not have them with me todayr but I'd be happy to share them With you, but there is evidence in other states *hak this does slow down teen pregnancy, as well as the rate of abortion.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter.

Okay. With al1 probability that may be because there might be a family-plannin: component there -- to that -- their kind 1l4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 of legislation. In our legislation - this legislation that we lre E ' proposing here, is there a family-planning component involved? I ! PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dillard. . SENATOR DILLARD: Not in this particular bill, but as you knowr we 're a1l free to come up with our own ideas in other legislatlon. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter. SENATOR TROTTER: So since you know of no known cases here in Illinois that this will slow down the rate of abortions and there is no famlly-planning component here, so thls bill: ln itself, wl11 not achieve many of your purposesr which is, again, to slow down the rate of abortion here. I have here -- it just says that in -- in Massachusetts and in Minnesota, where they have these kind of consensual lawsr that these laws fail to discourage adolescent sexual activity, limit teen pregnancy, reduce abortionsr or prevent teenage childbearing. So the purpose of this bill actually -- I -- I just can't understand What it -- what it could be, if that's not what you're trying to do, to limit these teen pregnanciesr reduce abortions and to prevent teenage childbearing, whlch certainly would come forth lf we had a -- a planning component in here. Now with.e.tmicrophone cutoffl... 1'11 go on, 'cause We're not going to try to belabor my -- my fellow Members here. They made most of the points. If I could just add a couple other facts here. It says that sixty-one percent of teens under eighteen already dlscussed thelr decision to have abortionsr as Senator Cullerton has stated already. And ik says Eha: -- and in other cases, rather than tell their parents, for whatever reason, some teenagers resort to illeçal abortions or try to perform them on their own. And in doing so, khey risk serious injury and death ll5 L  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 to themselves. This bill serves no real function, other than, I guess, it's probably a good reelection piece in -- in some people's areas. But as far as actually serving and being a viable piece of lawr this bill does not do It's -- it's wrongly drafted at this point in time. It dces not: again: fulfill any real goals other than trying to get some of us reelected. And urge a No vote on

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Hendon. Any further discussion? Senator Fawell.

Thank you very much. This is a hard bill for me, because frankly, number one, IIm -- I$m pretty pro-cholce, but I've just got through reading the bill, and bottom line is, What you ought to remember is that the average a:e of an unwed mother in our State ls fourteen years old. We are talking abouE eighth graders or younger getting pregnant. Senator Cullerton, appreciate your remarks, but 1et me tell you what is happening in -- in your old county. Senator Cullerton, in your o1d county where your nieces are presently llving, whaE is happening there is thesg young girls and the fathers-to-be are hopping on the North Western train, because they're too young to drive. The boy is passing the hat in the high school to collect the necessary monies to have the abortion perfcrned, and the two of them are cutting schcol and running into Chicago to Lord knows where, to Lord knows Whom, to have that abortion. Nine*y-nine percent of the -- *he parents that I know, a1l they are interested in is the safety and *he health of their daughter. That's What they're looking for. My daughter's well past this ager and very frankly, married. But have sone granddaughters coming up: and I'm going to tell you if that -- kf she happened to have gotten preqnant, all T'd wane Eo make darn sure is -- wheEher Ehe child is brought full term , or 1l6  : STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION : SENATE TRANSCRTPT 32nd Legislative Day March 24r 1995 whether it was decided that an abortion Was the issue, I Want to make sure that whatever happens happens to -- to -- so that she is safe, and so that she remains healthy. I don't want *o take her to a butcher. And I don't Want her going to a butcher, and possibly losing her life. My generation saw that. Thatls the reason I am pro-choice. Youdre never goinç to stop abortions. Whether abortions are completely illegal or not, it's not going to stop abortions. It -- it certainly happened in ny generation, and it's going to continue happening. It's been ehe history of *he world that it's going to happen, but for crying out loud let's at least make sure that aur -- our -- our minor daughters are safe, and -- and if this operation is performed, that she indeed will come out in one piece. I think we a1l ought to vote Aye. PRESIDINC OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Hendon. . SENATOR HENDON: Thank youy Madam President. I -- this is a tough vote for me. I have daughters. Just had a new daughter, and had personal experienee in a situation like this, and everybody knew but mer and I was raising my daughter. But what is it -- if the bill was broader, Senator Dillard and Senator Lauzen, I Would vote for it. If it said aunts and cousinsr or auntles, or whatever, I could -- I could vote for it, but if it -- if lt -- if your daughter is -- if it's a case of incest, what do they do? They are -- you knowr . you don't want to tell them then, and then if the doctor daesn't, he goes to jail or whatever. If -- if the bill fails, which, as written, I reluctantly hope it does, and you brlng it back and it's broader, you will most certainly have my supporty because parents, I believey should have a -- a rlght to know or at least sone adult. But my concerns are similar to Senator Fawell. I'd rather have my daughter alive and well today, as I do, than have had her go and be forced to a back-alley abortion and maybe lose 1l7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislatlve Day March 24. 1995 the child and my daughter. So I'm going to have to vote against this, but hope you bring back fails, and -- and we broaden it a bit to other adults that are in the family. Thank you very much.

PRZSIDINC OPFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, Senator Dillard, to close. I'n sorry. Senator Parker.

Thank you, Madam President. also am pro-cholcew but Ilm going to support this bill. I dc have some reservations on ie, because of some of the things that dces entail as far as penalkies on the doctors and them going to court. And I think it's too restrictive in some natures. But we can't have lt both ways for our children. We can't be responsible for then taking an aspirin in schoolr whether they have to have our signature to go on a field trip, and yet not be -- have the .right to at leask know if they're going to have any type of important medical procedure done. And so do support parental notificationr but I do hope when this b1l1, lf it does pass, gets over to the House, that over there they can look at it and look at the compromise that Was spoken about in the House, and possibly put on some of the adjustments that they had talked abouE over Ehere that Would make this process easier for those that are in this type of situation. Th#nk you. PRZSIDING OFFICERI (SENATOR GEO-KARIS) Further discussion? Senator Lauzen.

Thank you, Madam President. just I rose before the -- or - - Senator Parker has already cavered one of the points that I wanted to make, and I just rise in support of Senator Dillard's very good b111.

PRESIDING OFFICER: (SENATOR GEO-KARTS) 1l8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Further discussion? Senator Bowles.

Thank you, Madam President. 1, too, feel that this bill contains some arbitrary language and I would -- like Senator Parkery would like to see this go over to the House and have some changes made in it. I firmlyr firmly believe in parental notification - no question about that or for a responsible adult. But think that sone of the -- some of the nandates in this bill are onerous. Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing noner Senator Dillard, to close.

Thank you, Madam Presidenty Members of the Senate. Clearly this is not my reelection bill. In fact, this is one of the stickiest and, even for pro-life groups, somewhat of a quagmire for al1 of us. This ls not a bill that is easy to sponsor by any means. Senator Hendon addressed some of his concernsr but I do want to, again, point out that there is a judicial bypass in this bill for cases of incest or legitimate reasons when a child Would be afraid or uncomfortable to talk to their parents. Senator Fawelly I thoughtr eloquently pointed out that the average a:e of fourteen, which comes into many of these situations, to me astonishing. A child at the age of fourteen is just that, a child . And I think all of us: as parents, as Members of the General Assembly, and as civic individuals have a duty to try to get at the root cause of teen pregnancy and those types of situations. But the fact that Senator Fawell broughE ou* that these are sometimes fourteen-year-ald children is astonishing. The United States Supreme Court upheld parental involvement laws flndlng that theydre -- they are constltutional expressions of a state 's interest in three ways, and this really is Why I'm ll9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 sponsorëng this blll. The first is, We have a duty to protect the health and safety of our minor children. The second is that parental involvement in the upbringing of minor children is an lmportant thing the American culture. And obviously . the last and very important point isr We want to foster family unity. And believe that those are the parameters that following the United States Constitution, as well as the U.S. Supreme Courtls ruling on similar types of legislation, will mean this is a constitutional bill. So: in closing: this bill with -- Wi11, within the parameters of the United States Constltution and our Constitution of 1970 in the State of Illinois, help to reinstate the rights of parents to be involved in the raising of their minor children and better provide protection for unemancipated minors who are seeking abortions. Please support Senate Bill 836.

PRESIDING OFPICER: (SENATOR CEO-KARIS) The question is, shall Senate Bill 836 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have a11 -- have a11 voted who wished? Have al1 voted Who Wished? Have a1l voted who wish? Madam Secretary, take the record. On that question, there are 35 voting Aye, 12 voting Nay, 4 voting Present, and this bill, having received the required constitutional majority, is hereby declared passed. There are about forty bills left, and I would cautlon al1 of my colleagues in the Senate to make their remarks brief so we can get through today. Senate Bill 866. Senator 0'Ma11ey. Madam Secretary, will you read the bill.

Senate Bill 866. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley. l20  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

Thank you, Madam President. Senate Bill 866 amends the Marriage and Dissolution of Marriage Act by authorizing a court to consider a child 's needs in awarding child support. Be happy to answer any questions. If there are noner I would request suppcrt for this legislation.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, on this bill, the question is, shall Senate Bill 866 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wished? Have a11 voted Who wished? Have a11 voted who wished? 0n that quesEion -- Madam Secretary, take the record. There are 53 voting Aye, none vcting No# none voting Present, and this billr having received the required constitutkonal majority, is hereby declared passed. Senate Bill 907. Senator Walsh. Madam Secretary, wlll you read the bill.

Senate Bill 907. (Secretary reads title of b11l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh.

Thank you, Madam President and Members of the Senate. Senate B1ll 907 is a pretty simple bill. What it does is it allows the use of bid bonds for bid deposlts instead of cash, cashier's check or certified checks. And I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, on that question, shall Senate Bill 907 pass, those in favor Will vote Aye. Those opposed Will vote Nay. The -- the l21  STATE OF ILLINOIS 89TH GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 1995 voting is open. Have a11 voted who Wished? Have al1 voted Who wished? Have al1 voted who wished? Madam Secretaryy take the record. On that question, there are 55 voting Aye, none voting No, none voting Present, and this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 908. Senator Walsh. Madan Secretary, Will you read the bill.

Senate Bill 908. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Walsh.

Thank you, Madam President and Members of the Senate. Senate Bill 908 allows the director of personnel to limit the duration of eligible registers for student programs and entry level engineering positions to one year. Right now it's three years, and I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 908 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting open. Have a11 voted whc wished? Have al1 voted who wished? Have a11 voted Who wished? Madam Secretary, take the roll. On that question, there are 52 Ayes, none voting No, none voting Present, and this blll, having received the required constitutional majority, is hereby declared passed. Senate Bill 932. Senator Viverito. Madam Secretary, will you read the bill.

Senate Bill 932. (Secretary reads title of bill) 122  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I 3rdReadingofthebill. j PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Viverito. I SENATOR VIVERITO : Yes, Madam President, Ladies and Gentlemen of the Senate, the I important facts on this bill are rather simple. The bill permits townships to establish a prinary health care prcgrams: and to levy a tax for the purpose pursuant to a front-door referendum. This bill permits townships to enter into an intergovernmen*al agreement to provide such service. The bill cane out of the committee with a near unanimous vote. There was no opposition. This bill is totally permissive, and I hope that you will allow this good-government bill to pass. Thank you very much. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? genator Jacobs. SENATOR JACOBS: Thank you, Madam President, Ladies and Gentlemen of the Senate. Senator, it shows how wrong committees can be Nhenever they pass things out without really glving it good thought, v without really letting the sunshine in. Why -- Why would you want to make thës a front-door referendum? PRESIDING OFFICER: (SENATOR GEO-KARIS) Mr. -- Senator Viverito. SENATOR VIVERITO: Thank you, Madam President. Because I think that the primary health care is an issue that a 1ot of particular townships don 't have in rural areas, and I think this gives them the cpportunity to vote on something they may well need. PRESIDING OFFICER: (SENATOR GEO-KARISJ Senator Jacobs. SENATOR JACOBS: Well, Senator, I have received no nall on this whatsoever. I ; l23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24# 1995 haven 't had one constituent come up and tell ne that this is a good bill. Can you name me one township that has said they want this bill?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Viverito.

can name a number of them that have contacted me through the years. One? Stickney Township is one that has a very fine prlmary health care in position right now.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs.

Just in closing, to the b11l: I don't kncw why we're even involved in primary hea1th care in this Body anyway. So, you knowy everybcdy should remain healthy. No one should have to see a doctor, so I just think this is a very bad bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) I'm qlad yau have stron: opinions. Senator Klemm.

Thank you, Madam Presidenk. May -- would the sponsor yleld for a question?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Indicates that he will.

One of the questions we had in committeer Which We failed to ask because after *he blll -- I don't know how it gct out of committee. I kind of have to apologize to the Chamber that this bill snuck out of khere somehow, and then afterwards questions arose that certainly have to ask. And one Was, hoW did you pick . 095 percent as the Eax? How did you come up with that figure in the first place?

PRESIDING OFFICER: (SENATOR GEO-KARIS)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24: 1995 . Senator Viverito .

Senator Klemm: we came up with that particular figure of nine and a half cents. It's comparable to what municipal health boards may levy, and what counties may levy for county health departments. It's -- it's just a flat rate. It necessarily doesn't mean that they'd have to charge that much to provide a primary health care.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Klemm.

A couple other quesEions that -- I see you Would want to provide primary health care. You don't care about secondary health care?

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Viverito.

I -- I don't know exactly how to handle that, sir, but first comes primary health care. I don't know how -- I don't know What to say to that, Senator Klemm.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Sena*or Ktemm.

.e. tmicrophone cutoffl...do have some deep concerns about that. Another point that was ralsed about -- which township are you concerned about in this, particularly? Stickney Township? And -- and the question then is; how many unhealthy people have you got there that we need to address? We'd like some figures if you have that. And maybe you could answer some of those, and...

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Viverito. ' SENATORVIVERITO: 1 l25  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 Senator Klemm: we have, fortunakelyy many healthy people in Stickney Township because of our preventive health care proqram, and welcome you someday to come out and visit us in Stickney Township, and I'm in hopes that a 1ot of the people will come and visit our township and -- and bring some noney with you, too.

PRESIDING OFFICER: (SENATOR GEO-RARIS) Further discussion? Senator Burzynski.

Thank you, Madam President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR GEO-RARIS) He indicates that he will.

Our analysis indkcates that this is -- a program slmilar to thls has already been established in -- in that particular township, Stickney Township. that's the caser why is legislation necessary?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Viverito.

Well, one of the basic reasons, in order to establish a public health district: you need at least seventy-five thousand people. this will give the opportunity -- especlally in rural areas where they don't have any near that amount of people. They will be able to to work with one another, and Where the area is cohesive, they can come up with a health district with a much smaller population.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator further discussion? Senator Raica. Senator Burzynski, haven't you finished?

No, mabam . Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 126  . I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I'm sorry .

I've onky begun. PRESIDING OPFICER: (SENATOR GEO-KARIS) . Oh# perish the thought.

On this -- on this particular bill, I'd like to know Who is -- who can receive health care under -- under this particular bill from a township?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Viverito.

A1l the people that have declded to establish the publlc health district, whether it be two, four or five townships, Would be able to establish a primary health care facility. A 1ot of times the county does -- it doesn't have enough time and enough personnel, and a 1ot of times in rural areas, especially chlldren immunlzation programsy and whether they -- they have to decide What type of program they Want to adopt.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator 3urzynski.

Another question I had just thinking about thls ls -- is the facE that you mention right now Sttckney Township has one. They're over seventy-five thousand population. HoW many rural Eownships have con*acked you asklng you for this authority?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Viverito.

I would llke Eo tell you khat the Township Officials of lllinois -- cited the Stickney Township as one of the better providers of a public health distriet. In fact, had -- back in 127  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 32nd Legislatlve Day March 24, 1995 1984 -- asked us to testify in Washington, D.C. because of What We were doing in our primary health care facility, and the Township Officials of Illinois had stated us as beinq a major primary health care under the Township Act. And we only have forty thousand people in Stickney Township today, and it Nas under a Coleman Act district and We were able to establish, by referendum, back in 1947. And when the revenue sharing became a realityr we were able to spend over ninety percent of our revenue-sharing monies in the field of public health. We have been cited by Ehe Congressional Record twice. We are in Mccalk's Magazine. We've been interviewed by 60 Minutes' Ed Bradley. Wetve been in -- cited in Mccall's Magazine and Ambassador Maqazine as being a major primary health care. And wedre anxious to Nork in rural areas that need the servlce, and we're extremely anxious to have them come to Stickney Township Where We'd be able to help them. Thank you very much.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski, are you doner sir? believe he's done. Senator Raica.

Madam President, I'd ask leave to be put on as a hyphenated Sponsor.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discusslon? Senator Emil Jones.

Yeah. Thank you, Madam President. Would the sponsor yield?

PRESIDING OFFICZR: (EENATOR GEO-MARIS) believe he lndicates that he Wi11. Senator Viverito?

Senator Viveritoy is there anything in this bill that's going to hold down the cost of health care?

PRESIDING OFFICER: (SENATOR GEO-KARIS) l28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 32nd Legislative Day March 24, 1995 ' Senator Viverito.

Thank you. Senator, I -- I don't know that's itfs going to -- j actually, I think it Will end up costing the people lessm because they're going to begin to realize What illnesses they may have, and I think it might very well be an opportunity for the federal government to come in to see what we mlght be able to do in providing a primary health care that *e were promlsed years ago. And I -- if I may add, we did have visits from United States Senators Chuck Percy, United States Senator Jacob Javits fron NeW York, and we're very anxious to have you come out and visit us, as well, our Leader, Emil Jones.

PRESIDING OEPICER: (SENATOR GEO-KARIS) Senator Jones. Senator Jones.

Xeah . Senator, are you aware that this bill was not presented to the Democratic Caucus for a vote?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Viverito, do you wish to respond?

I would like very nuch to say that I wasn't quite sure that I Was ever going to be able to pass a bill before I was ready for Social Security. So if you'll pardon me 'or not bringing it to the caucus, I wasn't quite sure how to do it.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Are you done, Senator Jones? Any further discussion? Any further discussëon? Hearing none, are you ready to close?

I Want to say that this is cne thtng that has been very close to my hearE for a long, long time, and I'm stncere When I say this to you. During my canpaign I said I Was going to promise to bring primary hea1th care to the State of Illinois: and I hope that you I k29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I people, especially -- especially in downstate, will 1et Stickney Township help you to set up a program . Thank you very much. 1 hope you'll vote Yes for this bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) . The question is, shall Senate Bill 932 pass. Those in favore vote Aye. Those oppased will vote Nay. The voting is open. Have a1l voted who wished? Have al1 voted Who Nished? Have all voted who wished? One more time. Have a11 voted Who wished? Madam Secrekary, take the record. On that question, there are 49 voting Aye, 4 voting No, l voting Present, and this bill, having received . ' the required constitutional majorityr is duly declared passed. j Senate Bill 934. Senator garkhausen. Senator Lauzen, for what purpose do you rise?

Point of -- point of personal privilege.

PRESIDING OFFICER: (SENATOR GEO-XARIS) Would you -- state ycur pointy sir? '

I would like to introduce, from Elgin, the Hlllcrest Schook: the fourth- and fifth-graders who join us in the gallery today: over in this area, if I'm not mistaken. If they 'll rise and recelve the welcome of the Senate. '

PRESIDING OFFICER: (SENATOR GEO-XARIS) We welcome you here. We welccme you. Senator Lauzen.

1 believe that Senator Rauschenberger is on h1s way up there.

PRESIDING OFFICER: (SENATOR GEO-ZARIS) Thank you. Senate Bill -- Senator Demuzio, for what purpose do you rise? SENATOR DEMUZIO: ' I just wanted to point out to Sena*or Lauzen EhaE when he says over in this area, this is the Democratic side. Over here. ! 130  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I

PRESIDING OFFICER: (SENATOR GEO-KARIS) I think he's aWare of that. Any -- Senate Bill 940. Senator O'Malley. Madam Secretaryr Will you read the bill. ACTING SECRETARX HAWKER: . Senate Bill 940. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-XARIS) Senator O 'Malley.

Thank youe Madam President. Senate Bill 940 amends the Code of Civll Procedure by creating a modifked English rule in actions seeking recovery of money. If the defending party makes an offer to the party seeking money damages and the judgment or verdict finally obtained by this party is less favorable that the offerp then the offeree must pay the reasonable attorney's fees, expenses and costs that are incurred by the parEy making the offer from the tine the offer is made. There Nas a Committee Amendnent No. l that made the bilt cut b0th Ways, so that the plaintiff can make a demand for settlement just as the defendant can make an offer of judgnent to the plaintiff. Be pleased to answer any questions there may be.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Berman.

Thank you, Madan President, tadies and Gentlemen of the Senate. The proper titler I Would suggest for Ehls bill is -- this is -- this bill ought to be labeled the S'Rich Man's Litigation Bill'% One of the thinqs that I think we 're al1 very proud of is the access to the courts of al1 of ouc ckEizens. This bill will: in effect, put an end to that access. And the reason I say that is, le* me glve you a little scenario: Many times -- 1 131  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Leglslative Day March 24, 1995 many times persons who ate fnvolved in litigation come into their attorney's office, a lawsuit filedr and with the uncertainties of the jury system, there is -- until a case moves along in the process, certainly involving what we call discovery, neither side knows exactly what a aase is worth or what the expected result is going to be. The interesting part of the jury system is the unpredictability of that system . But what you have here is going to be a financial leverage that's going to require many people of modest means to not have the advantage of a jury trial, because what this bill says is, if - and there is no time frame within this bill - the day after a lawsuit is filed the defendant comes in and makes an offer and the platntiff - the plaintiff rejects that offer, the costs of the defense of that suit will have to be borne by the plaintiff if the verdict results in less than the amount of the offer. Now, what you're doin: for any person of nodest means, they are going to gamble their resources their resources - on something that is beyond their control ln order to even find out what their case actually may be Worth down the road . If there was a threshold time llmit, if thls was after a pretrial and after a discovery process, then it might have some merit. But what you're going to do is allow rich defendants, rich insurance companies to come in, offer money, and this jeopardizes the right of the jury trial availability to anybody, because of the uncereainty of the process. That -- that withdraws from the average citizen thetr right to their day in court. This is not fair. This is for the rich, not for the ordinary citizens. strongly urge a No vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Cullerton.

Well, yes. Thank you, Madam President. fully agree with Senator Berman. know that the bill Was amended in committee to 132  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 1995 say tha: if -- if the plaintiff makes a -- an offer, and it's later -- and it's rejected: and later turns out to be more than that, that the defense would have to pay for the legal fees. But doesn't take into account the enormous resources that the defendant usually has that the plaintiff does not have. Not only will it affect, perhaps, frivolous lawsuitsr which is what the intent is, but it will also dramatically affect nonfrivolcus lawsuits. The -- the irony is that, in England, they are starting to modify their own Engllsh rule. They also have a system in England where there can be a portion of *he legal fees paid for by the government. The -- there are a number of legitimate laksuits and claims, if you will, that should be brought that are no* brought because the fear is that the plaintlff would literally be bankrupted. The defense has the ability to put peaple through a paper war. The -- the amount of discoveryy the depositionsr all of which can just dra: out a lawsuit while *he plaintiff is no* receiving any money, no interest ls earned on the money that he or she may have ultimately -- ultimately be -- be awarded. And it just gives an -- a tremendous amount of leverage to one side, at the expense of the other. It seems to me tha: there 's much more innovative ways that We could look at to cut down on frivolous lawsuits, some of whieh we attempted to address in the tcrt reform bill. But this is not a level playing field. Is -- it will be a -- perhaps even a more significantly unfair bill than the -- than the tort bill that we already passed. And would urge you to please consider this. This will affect all of our consElEuents in an in a very adverse Way, and I think it's the type of bill people are going to find out about. Hasn't been much publicity abouE Theylre going to find out about ity and they're goin: to be -- youere gcing to see some real horror skories that are going to be Written about if this should become law. I'd urge a No vote. 133  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24r 1995

PRESIDING OFPICER: (SENATOR GEO-KARIS) Any further discussion? Senator Welch.

I had had a question of the sponsor.

PRESIDING OFEICER: (SENATOR GEO-KARIS) He indicaEes that he Nill yield .

Senator O'Malley, hoW would -- how would this work? Could a judge call a -- a conference and at a status hearing require both the plaintiff and defendant to submit a document to the court saying the plaintiff demands X dollars, the defendant offers Y dollars? Or how -- how does that work?

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator O'Ma119y.

The -- the judge does not have that discretion in this legislatlonr Senator Welch. Tt's merely up to the parties. As I explained in introducing the billr it cuts b0th ways. Either party can can initiate this process.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Cullerton. Senator Cullerton <sic>. SENATOR WELCH ; Not on. It's on now. Senator, when you say, lnitiate the process, how is that dpne? Does thê plaintifffs lawyer send a letter to the defendant's lawyer and a copy to the court file, or vice versa? How -- how do you initiate the process?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley.

It's -- it's privately between the parties with verified notices.

PRESIDING OFFICER: (SENATOR GEO-KARIS)  SYATE OC IEEINOIS 99TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 I Senator Welch. ! SENATOR WELCH: I Tf early in Ehe liEigation they -- the dgfpndant sends a j letter. to the plaintiff sayingy ' 'I offer you fifty thousand ; ! dollars'' can he later change that by sayingr three months later, after depositions, ''I offer you seventy-five thousand dcllars'', and revoke the first letter? Or is it a one-time proposal?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley. SENATOR O 'MALLEY; Senator Welch, there's no limitation on the number of offers that could be made. It's just that the -- the measure of damages is -- is after the offer is, in fact, made by either party -- or, the measure of respanslbility for the other party's court costs, et cetera, runs from after the date of that particular offer.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Welch.

If that's the case, why -- wouldn't it be Nise for the defense attornêy in every, single case to send a letter to the plaintiff's attorney when they file their answer sayingy ''I offer you five dollars in full settlement of this case''? Because if it goes Eo a jury trial and the defendant wins, then one hundred percent of a1l costs from that angwer being filed by the defense on would be the burden of the plaintiff himself. Wouldn't that make sense if you were a defense attorney?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Ma11ey.

I think I understand your question, and what I Would say to you, Senator Welch, is that if the party making the offer is I makingitinbadfaith,with the committee amendment that was 1 l35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 offered, you really have a situation now where the other party can come back and literally, using a different number, force the -- that -- that party to be in a position where they 're responsible for attorney's fees. think with the committee amendment there is a necessary force that's present that would make the parties negotlate with numbers in good faith.

PRESIDING OFFICER: (SENATOR GEO-XARIS) Anything further, Senator Welch? Senator Welch.

Well, in -- many of these cases, Senator, as -- as you know, right before the trial there's a pretrial conference whlch the judge tells both parties, ''Bring your lawyers and be prepared to settle this case.'' And he sits the lawyers down and says, ''What will you take''y and to the defense lawyer, HWhat Will you offerl'. Would that negate everything that went before -- or, how -- how does that -- how does that Work?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Ma11ey.

You know, I've been through pretrial conferences, too, Senator Welch, so Ifm familiar With that. I -- I don't think that this leglslakion affects the judge's ablllty to conduct a pretrial conference or the parties to participate in one.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Welch.

Are these offers discoverable in a third-party complaint if -- if there's more than -- welly if there's a third-party complaint, can the third-party defendant demand Ehat *he offer fron *he firsE - - the original defendant be disclosed to them, or the original propcsal fron the plaintiff's attorney be disclosed to the third-party defendant? 136  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O lMalley.

It's -- it's not addressed in in the bill. I think I we'd have to refer the rules of discovery to determine Whether or not that -- that is a discoverable item .

PRESIDING OFFICER: (SENATOR GEO-KARTS) Senator Welch.

In -- in the Civil Practice Act there's a provision that you can take a voluntary nonsuit at -- welly pretty much any time in the case if there's no prejudice to the other party. What happens if you have the -- go through the discovery and the plaintiff's lawyer is afraid that they may have to pay for a11 the discovery, they take a voluntary nonsuit and refile the case the next day as a new case, but they fve already got their discovery complete? Or vice -- well, it couldn't be vlce versa. It would be the plaintiff asking for the voluntary nonsuit. Is this going to negate that provision of the Civil Practlce Act or the Supreme Court rules?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator OfMalley. Senator O'Malley.

I -- donlt -- don't believe, Senatorr that it affectsz ln any way, what youpre suggestingr and it probably could be argued that there 's bad faith on the part of Ehat party who who would suggest that.

PRESIDING OFPICER: (SENATOR GEO-KARIS) senator O 'Malley, are you done: sir? Senator O'Ma11ey. I mean, Senator Welch. I'm sorry.

We both have the same flrst name. So that's the problem. It 137 ! STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 seems that in an attempt to reduce litigakion what you may be doing is kncreasing it, because you keep saying that, Welt, if there 's a voluntary nonsuit, there's a question of good faith; if there 's a offer that's de minimis, there's a questicn of good faith . Are you going -- it sounds like it's almost like the O .J. Simpson trial: You 're goin: to have to stop in the middle of it and have a hearing on if Rosa what's her name's going to be a witness or not, and -- before you continue on the case. seems like it's going to be more litigation and that's not What you're trying to do with this. You're trying to reduce the amount of litigation. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O'Malley. Are you doner Senator Welch? Any further discussion? Any further discussion? Senator O'Malley, to close. SENATOR O 'MALLEY: Thank you, Madam Presldent, and thank you, everybody in the -- in the Chanber, for taking the time to go thrcugh this important legislation. I -- I'm not going to quote him verbatlm , but recall reading remarks made by Abraham Lincoln in a segment of his wrltings where he was giving advice to attorneys, and this was long before he became President of the United States. But he baslcally said something to the effect that it is the duty of a11 attorneys to encourage their clienks Eo setkle their dispuEes and stay out of court if they possibly can. We heard a 1ot about tort reform thës Sesslonr and what drives a lot of discussion and lnterest in Eort reform is frivolous liElgation. I don't think there is any legislation that I have heard in the time that I have been in Springfield that strikes more at frivolous litigation than this particular bill. As for the comments from the cther side about this somehow limiting access to juries and so forth, I -- I would only say this: that plalntiffs have a rlght to bring lawsuits, including under this this legislation. This doesn't 138  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legkslative Day March 24y 1995 change that. They also have the right to deternine what they feel i i the damages are that theylre entitled to get. They don't have to I make an -- an offer. They don't have to agree to accept the offer that --thatmaybemadebyadefendant But if you decide to go . . 1 into a court of 1aw and you're involved with an attorney, you should be able to determine and have a good, sensible idea about what the litigation and damages are that are at skake. This is -- thls is, agaln, an effort to strike at frivolous litigation in a way that I tbink was not really addressed in the legislaticn that we saw earlier this year. I woukd please request your support for this legislation. Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question isr shall Senate Bill 940 pass. Those ln favor wl11 vote Aye. Those opposed Will vote Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Have al1 vcted I who Wished? Have all voted who wished? Have all voted who wish? Take the record. Madam Secretary, take the record. On that ! record,thereare30Ayevotes,24Noes,nonevotingPresent, and 1 this bill, having recelved the required constitutional majority, l is hereby declared passed. Senator Berman. SENATOR BERMAN: ' I would ask for a verification, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Request for a veriftcation is in order. Senator Sieben, for what purpose do you rise?

Madam Speakerz my switch apparently isn't working. I'm Erying to push the Yes vote, and I have not been able to get it to Eecord. I Would like to be recorded Yes on this vote. PRESIDING OFFICER: (SENATOR GEO-KARIS) i Well, it's *oo late now, unfortunately. But we 'll -- we 'll havetherecordindicateit. Willal1Senatorsbeintheirseat. 1 l39  ' STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24r 1995 END OF TAPE I I i TAPE 4

PRESIDING OEFICER: (SENATOR GEO-KARIS) Request that a11 Senators be in their seat. The Secretary Wi11 read the affirmative votes.

The following Members voted in the affirmative: Barkhausen, Burzynskir Butler, Croninr DeAngelis, Dillard, Donahuer Dudycz, Ralph Dunn, Fawell, Fitzgerald, Hasara, Hawkinson, Karpiel, Klemmy Lauzen, Madigan, Mahar, Maitland, O 'Malley, Parkerr Petka, Raicar Rauschenberger, Syverson, Walsh, Watson, Weaver, Woodyard and Mr. President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Berman. Request the presence...

Senator Barkhausen.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Who?

Barkhausen.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Barkhausen. Senator Barkhausen in the room? Senator Barkhausen. Strike his name.

Senator Peterson. PRESIDING OFFICER: (SENATOR GEO-KARIS) I Senator Peterson. SENATOR BERMAN: ! I'm sorry, he didn'k vote. l40  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 PRESIDING OFEICER: (SENATOR GEO-KARIS) 1 A ny further questlons? The -- on the verkfied roll call, the i Ayes are 29# the Nays are 24, and this bill, having failed to ! I recekve the required constitutional majority, is hereby declared failed. Senator O 'Malley. SENATOR O pMALLEY: I Madam President, I'm requestlng postponed consideration.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Postponed consideration for your bill is granted. Senate Bill 941. Senator Sieben. Madam Secretary, read the bill.941. 1 Senator Sieben. Madam Secretary, read the bill.

Senate Bill 941. (Secretary reads title of bill) 3rdReadingoftheblll. 1 i

PRESIDING OFFICER: (SENATOR GEO-SARIS) Senator Sieben.

Thank you, Madam President and Menbers of the Senate. This legislation simply amends the School Code to include instructional computer software Nithin the textbook loan progran . Brings us into the twentieth century With technology that's available. Signlficant amount of support for the legislation and no known opposttion. Ask for an Aye vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Any discussion? Hearing none, the question is, shall Senate Bill 941 pass. Those in favor Will vote aye. Those opposed will vote Nay. The voting's open. Have a11 voted who wish? Have a1l voted whowlsh? Haveal1votedWhoWish? 1 Madam Secretary, take the record. On thaE quesEion, there are 55 Ayes, none voting Noy none voting Present. This billr having received the required constitutional majority, is hereby declared 14l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legtslative Day March 24, 1995 passed. WithleaveoftheBody,theChairWillproceedtoSenate 1 Bill 992, as thls is an emergency. Senator Donahue. And, Madam Secretary, will you read the b111. Leave. Madam Secretary: read the bill. . ACTING SECRETARY HAWEER: Senate 3i11 992. (Secretary reads title of bi11) 3rd Readkng of the bill. w PRESIDING OFPICSR: (SENATOR GEO-KARIS) Senator Donahue. SENATOR DONAHUE: Thank you, Madam President. I do apoloqizez but there is some matter of timing here. I -- I Wouldn't call it an emergency; I would just simply say that there is an urgency to the timing. And it is simply a conveyance blll. Everyone agrees. It addresses the Department of Transportationy the City of Macomb. Everyone's agreed on the appraisal price. That's al1 it is. There's nothing here, I promlse. And I would just ask if we could -- for your support so we could get it to the House. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any dlscussion? Any discussion? Hearing none, the question is, shall Senate Bill 992 pass. A1l those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wished? Have a11 voted who wished? Have all voted who Nished? Madam SecreEary, take the record. On that questiony there are 54, none votlng No, none votlng present. And this bill, having received the required constitutional majority, is hereby declared passed. Senator -- Senator Dillard, for what purpose do you rise? Senator Dillard. SENATOR DILLARD: Madam Presidentv I'd like to table Senate Bill 868. 858. PRESIDING OFFICER: (SENATOR GEO-KARIS) 142  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 With the leave of this Body, your bill is tabled. Senate Bill 858. Resolutions.

Senate Resolution 4lr offered by Senator Viveritc . It's a death resolution, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Consent Calendar.

Senate Resolution 42, offered by Senator Lauzen. It's substantlve.

PRESIDING OFFICER: (SENATOR GEO-KARIS) We will now pursue the Order of Resolutions Consent Calendar. With leave of the Bcdy a11 of those read in tcday will be added to *he Consent Calendar. Mr. Secretary, have there been any objections filed to any resolution on the Consent Calendar?

No objectlons have been filed, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any dlscussion? If not, the question is# shall the resolutions on the Consent Calendar be adopted? All those in favor, say Aye. Aye. Al1 opposed, Nay. The Ayes have i*, in the opinion of the Chair, and the resolutions are adopted. Resolutions.

Senate Joint Resolution 39, offered by Senator Weaver. (Secretary reads SJR No. 39)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver moves *o suspend the rules for the purpose of the immediate consideration and adoption of Senate Resolutlon -- Senate -- Senate Joint Resolution 39. Those in favor, say Aye. A11 opposed, No. The Ayes have it. The rules are suspended. Senator Weaver, to explain the resolution. Senator Weaver has l43 I STATE OF ILLINOIS 89TH GCNERAL AGSEMBLY REGULAR SESSION SENATE TRANSCRIPT 32nd Legislative Day March 24, 1995 mOV8d fOr the adoption Of Senate -- Senate Joint Resolution 39. l I Those in favor, say Aye. Aye. Those opposed, say No. The Ayes I have it and the resolution is adopted . Senaeor cullerton, for what purpcsed do you rise, sir? 1 SENATOR CULLERTON: 1 Thank you, Madam president. Since wedce not going to be here I for three weeks, I just wanted to say Christos Anesti. PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you. Senator Cullerton wishes us al1 Happy Easter in Greek, coming from an Irishman. Message from the House. SECRETARY HARRY: A Message from the House by Mr. McLennand, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the follawing title, in the passage of Which I am instructed ta ask the concurrence of tbe Senate, to Wit: House Bill 797. Passed the House, March 24, 1995. PRESIDING OFFICER: (SENATOR GEO-RARIS) Committee Reports. SECRETARY HARRY: Senator Weavery Chair of the Committee on Rules, reports the following Legislative Measurers have been assigned to committees: Referred to the Committee on Agrlcuèture and Conservation - Senate Amendment 2 to Senate Bill 4487 to the Committee on Finanelal Institutions - Senate Bill 351; re-referred from the Committee on Judiciary to the Rules Committee - Senate Bill 3512 referred to the Committee on Revenue - Genate Amendment 1 to Senate Bill 472; and Be Approved for Consideration - Senate Amendment 2 to Senate Bil1 991. Senator Cronin, Chalr of the Committee on Education, reports Senate 3:11 832 Do Pass. 144  F STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' 32nd Legislative Day March 24, 1995 ! PRESIDING OFFICER: (SENATOR GEO-KARIS) ' i 1 House Bills lst Reading.

House Bill 175, offered by Senators Garcia, Smith and others. (Secretary reads title of bill) House 3i11 199: by Senator Raica. (Secretary reads title of bilk) House 3il1 572, by Senator Klemm. (Secretary reads title of bill) Senate <sic> (House) Bill 823, by Senator Wocdyard. (Secretary reads title of bill) Senate Bill -- or House Bill 1048, by Senator Klemm. (Secretary reads title of bill) House 3i11 1493, by Senator Woodyard. (Secretary reads title of bill) House 3i1l 1650, by Senator Hasara. (Secretary reads title of bill) Senator Sieben offers House Bill 1651. (Secretary reads title of bill) Senator Hasara offers House Bill 1788. (Secretary reads title of bill) Hcuse Bill 2202, by Senatcr Fawell. (Secretary reads title of b11l) And Senator Hasara offers House Bill 2401. (Secretary reads title of bi11) lst Reading of the bills.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Pursuant to the adjournment resolution, Senator Klemm moves the Senate stands adjourned until noon, Tuesday, April 18, 1995. Happy Easter and Happy Passover to all, and safe trips home. I 1 145 t REPORT: TIFLDAY STZTE OF ILLINOIS 95/07/14 PAGE: 001 89TH GENERAL ZSSEHBLY 15:38:53 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX HARCH 2M, HB-0175 FIRST READING HB-0199 FIRST READING HB-0549 FIRST READING H8-0572 FIRST READING H8-0686 FIRST REZDING H8-0729 FIRST READIVG HB-0780 FIRST READIKG H8-0823 FIR8T REZDING H8-0855 FIRST READIVG HB-10k8 FIHST HEADIVG HB-1V93 FIRST REZDIKG HB-151: FIRST READIHG HB-:650 FIRST READING HB-1651 FIRST R6ZDIMG H8-1696 FIRST READIVG H8-1788 FIRST READING HB-1816 FIRST READIMG HB-1827 FIRST READING H8-1853 FIRST READIMG H8-1876 FIRST READIMG :8-2138 FIRST READING H8-2202 FIRST READIMG ' HB-22M8 FIRST READING HB-2V01 FIRST READING SB-020q SECOND REâDIMG 58-0327 RECâLLED 58-0366 THIRD READING 58-0368 SECOND READING s8-0384 THIRD READING 58-0388 RECALLED 58-0398 SECOND REZDING sB-0407 THIRD READIMG sB-0R16 THIRD READING SB-0k2k THIRD REâDIVG sB-0y28 THIRD READING . SB-0R31 SECOND READING ' SB-0M33 SECOND REZDING 58-0435 THIRD READING sB-O4#0 THIPD READING SB-04y2 THIRD READENG sB-0M4T THIRD REàDIMG sB-0q57 RECALLED 58-0458 THIRD READING SB-0R76 THIRD READING sB-050T THIRD READING 38-0509 THIRD REZDING 58-0533 SECOND READING 38-057% SECOND REZDING 58-0579 SECOND READING s8-0595 THIRD READIPG 58-0598 THIRD READING 38-0606 SECOND READING SB-0619 THIRD READING SB-062k THIRD REZDING s8-0626 SECOND READING 38-0629 SECOKD READING 58-0635 THIRD PEZDJNG 58-0637 THIRD READING 38-0645 3ECOND READING SB-06M6 THIRD READING 58-0650 SECOND REZDINC 38-0675 THIRD READING SB-0681 SECOMD REâDING s8-0689 SECOND READING J v c'VQ . i Z' j REPCRT:TIFLDZY j P:GE: 002 STRTE OF 1LL1VO15 89TH GENERRL ASSEHBLY 95/0T/lk 15:38:53 2 SENW E j DâILY THANSCRIPTTON OF DEBZTE INDEX i HARCH ali, 1995 i ! SB-0T03 SECOND REâDING PAGE 8 ' SB-0?04 THIRD READING PRGE 84 :8-0733 THIRD REâDING PAGE 85 sB-0Tq6 3ECOND READIMG PACE 8 s8-0756 THIRD REâDING 'PAGE 86 :8-0758 SECOND HEADING PAOE 8 88-0762 THIRD READING PAGE 87 38-0763 RECALLED PAGE 90 58-076% THIRD READING PZOE 91 38-0769 THIRD READING PAGE 92 58-0772 SECOND READING PAGE 9 58-0783 THIRD READJNG PZGE 93 58-0789 THIRD REZDING PAGE 9% 58-0796 THIRD READING PZGE 91 SB-O8O% SECOND READING PAGE 9 SB-O810 SECOND HEàDING PZGE 9 SB-081k THIRD READING ' PAGE 103 SB-0817 THIRD READING P2GE 107 SB-O821 SECOND READING PAGE 9 38-0822 THIRD RERDINO PACE 108 SB-O831 3ECOND READiNG PZGE 10 :8-0836 THIRD READING PAGE 109 SB-08:6 SECOND RFADING PAZE 10 53-0858 TABLED PZCE 1k2 58-0866 THIRD REâDING PAGE 120 SB-0905 SECOND HFZDING P2GE 10 58-0907 THIRD READING PZGE 121 58-0908 TMIRD READING PRGE 122 SB-O910 SECOND HEADING PAGE 10 58-0932 THIRD READING PAGE )22 :B-O940 THIRD READING PAOE 131 SB-O941 THIRD READING PAGE 1V1 58-0979 SECOND REàDING PAGE 11 SB-O98O SECOMD READiNG P2GE :1 58-0985 SECOND R62DING PZGE 12 58-0992 THIRD REZDIMG PAGE 1#2 ' SB-:0OO SECOND READING PZGE 12 SB-1032 SECOMD READIQG PRGE 12 8B-103T SECOND HEADING PAGE 13 58-3085 SECOND READ;NG PAGE 13 SB-1143 SECOND READINC P2GE 13 :R-00R: RESOLUTION OFFERED PAGE 1V3 SB-O0M2 BESOLUTIOM OFFERED PZGE 1k3 SJR-OO39 ADOPTED PAGE 1R3 SJR-0039 RESOLUTJON OFFEBED PAGE )V3 SUBJECT HATTER SENATE TO ORDVR-PRESIDENT PHILIP P2GE 1 PRAYER-REVEREMD DOCTOR GARY RHCDES PZGE 1 PLEDGE CF ALLEGIANCE PAGF 1 JOUHNALS-POSTPONED PZGE 1 COHMITTEE REPORTS PZGE 1 MES3è6; FROH THE HCUSE PZGE 1 HESOLUTIONS CONSENT CALENDAR-àDOPTED P2GE 1R3 MESSZGE FHQH THE HOUSE PAGE 1VV COHMITTEE REPORTS ' PAGZ 1Vk ADJOUHNMENT PZGE 1M5 ! i