Illinois Senate Floor Debate — April 25, 1995

House Bills 1st Reading.

House Bill l6, offered by Senator Cronin. (Secretary reads title of b1ll) House Bill 122 is presented by Senator Hasara. (Secretary reads title of bill) House Bill 370, Senator Sieben. (Secretary reads title of bill) Senator Farley offers House Bi11 613. (Secretary reads title of bill) House Bill 797, offered by Senator Berman. (Secretary reads kltle of bi11) Senator Sieben offers House Bill 988. (Secretary reads title of b1l1) House Bill 1140, Senator Walsh. (Secretary reads title of bill) House Bill 1319, presented by Senator Weaver. (Secretary reads tltle of bill) House Bi.11 1458, offered by Senator Cronin. (Secretary reads title of bill) House B1ll 1490: offered by Senators Sieben and Woodyard . (Secretary reads title of bill) Senate <sic> Bill 1530 , by Senator Sieben . (secretary reads title of bi.ll) Senator Sieben offers House Bill 1633. (Secretary reads tit1e of bi11) House Bill 1721, by Senator Berman . (Secretary reads title of bill) House Bi11 1719 <sic> (1790), by Senator Berman. (Secretary reads title of bill) 2 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 House Bill 1882 is offered by Senator Walsh. (Secretary reads title of bill) Senator Hasara offers House Bill 1910. (Secretary reads tttle of b111) House Bill 1968, Senator Berman. (Secretary reads title of bill) House Bill 2226, by Senator Cronin. (Secretary reads title of bill) Senator Cronin offers House Bill 2236. (Secretary reads title of bill) And House Bill 2334, presented by Senator Butler. (Secretary reads title of bill) lst Readtng of the bills.

Page 2 on today 's Calendar on the Order of Senate Bills 2nd Readings. I'd advise the Members to -- to move their bills. Senate Blll Senaeor del Valle. Senator del Valle. Senate Bill -- read the bill. Yeah. There's a fiscal note on that, Senator de1 Valle. Take it out of the record . Senate Bill 8l. Senator Petka . Senate Bill 8l. Senator Petka. Take it out of the record. Senate Bill 100. Senator Dudycz. Read the bill.

Senate Bill 100. (Secretary reads title of bill) 2nd Readlng of the bill. The Committee on Insurance, Pensions and Licensed Activities adopted Amendment No.

Have there been any Floor amendments that have been approved for this -- for conslderation?

Amendment No. offered by Senator Dudycz.

STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Senator Dudycz.

Thank your Mr. President. As -- as Was briefly mentioned by myself yesterdayr Amendment No. 4 became th4 bill. It amend -- amends the Chicago Firefighters Articlg of the pension Code to the to allow the resumption of certain widows' annuitles. For certain annuitants born before January provides for a three-percent automatic annual increase retirement annutties, removes thirty-percent maxtmum, makes the automatic annual increase begin to accrue at age fifty-five rather than sixty. In addition to everything else I said yesterday, permits the repurchase of previously refunded service credit at four-percene compounded interest until the year 2000. This window of opportunity previously closed in 1992. Also allowed the paramedics to establish service credit into the Firemen's Fund for time served under Municipal Fund. Provided for calculation of interest depending upon the -- when application is made . And added language permitting paramedics to purchase time from 1970 to 1983 when they were emplcyees of the City of Chicago, but were not members of any penslon system. In deference to the Minority Leaderr who asked that J pull it out of the record yesterday, I did so. Senator Raica, Who has been working closely wlth the Pension Board, the the City of Chicago, and Local 2 of the Ftrefighters is here wtth us this morning to go into detail if anybody has any questions on the amendment. And otherwise I would seek your support.

Are there any questions? Senator Jcnes, for what purpose do you rise?

Thank you, Mr. President. Wl1l the sponsor yield?

STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT Legislative Day April 1995 He indicates he 'll yield. Senator Jones.

fenator Dudycz, as it relate to the interest on repayment, now, under current law, the interest wpuld be three million three hundred thousand dollars that they Would have pay, under current law. Wlth thts amendment, that you are proposing, what would the savings be to the -- the -- the participants? How much money would they be -- be permitted not to pay into the pension system if this amendment was -- was adopted?

Senator Dudycz.

I guess it depends on the individual case, Senator Jonesr depending on how long each one has been on and how much he is participatlng in or adding into. His salary is a factor also. So, couldn't answer that question.

Senator Jones.

Well, you had to arrive at some figure or projected figure. And I think the Body should know that. You have a cutoff date of 1989. If it Were not for that cutoff date and it -- and it was 1995, how many millions of dollars would the pension system lose as result of thts amendment?

Senator Dudycz.

Senator Jones, donft know can answer your question. It's my understand that this an agreement that has been reached between the City of Chicago, the Firefighters Union and the participants in the -- in the system .

5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day April 25, 1995 Senator Jones.

Well, I won't belabor the point because the amendment will gc on, thts ts the bill, but we'll debite lt on 3rd Reading. But think the Body should know, when you're talking about pension systems and you're talking about persons paying lnto, don't think the public will want individuals getting a free ride and cheating the system out of something that they cannot get, and runs into millions of dollars that We are giving away to a çroup of individuals. So -- so, this amendment will go on no doubt. on 3rd reading, think this issue should be debated, and debated very thoroughly.

Senator Palmer, for what purpose do you rise?

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

Spcnsor indicates he will.

Senator Raica, received probably the most letters on this bill that I've received on any number of them, opposition from retired firemen who are concerned that by buylng -- the paramedics not adhering to the court case. That's their concern. And I'm just wondering is that still in this amendment?

Senator Dudycz.

My thank you. It's my understanding that also received letters and communication from the fireftghtersr but that was prior to Ehe -- *he portion of *he amendment tha: contains the four-percent compounded interest until the year 2000. my understanding that to -- by inserting this repurchase of 6  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 previously refunded service credit at the four-percent compounded 1 interest, that should have removed their opposition. j PRESIDENT PHILIP: i Senator Palmer. I SENATOR PALMER: I i Yes. Thank you, Mr. President. Accordlngtomyanalysis: j that is still in there. They pay up through 1989. 3ut that doesn't answer the question of a level playing field for those Who have contributed all along, as opposed to the group that refused to participate and will now, accordin: to the letters I received, be given a break.

Senator Dudycz.

It's my understanding, that was before the amendment, Senator. The -- the Firefighters Union, representing the -- the entire membership, has signed off on this, and they believe it is -- it does make it a playing -- an even playing field.

Senator Palmer. SENATOR PALMER: , Thank you, Senator Dudycz. Yes, the Firefighters' Association I may have signed off, but according to my analysis the Firemen's ! Annuity and the Benefit Fund of Chicago, neither cf them have sëgned off on thts .

Senator Dudycz. SENATOR DUDYCZ: 1 I'm sorry, Senator: I -- could yOu repeat the question? I Nas talking to staff.

l Senator Palmer. Senator Palmer. 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

ïes. What I Was saying, Senator Dudycz, is that, yesr indeed, the Chicago Firefighters' Association is a proponent, but the Firemens Annuity and yenefit Fund of Chicago remains in oppositlon , because that Section is stlll in this bill, which has -- well, the amendment , which has now become the bi11.

Senator Dudycz.

Yes . It 's my understanding that they did try to take the -- that portlon out by amendment and nobody ln the committee, neither your slde or our side, opposed -- or supported thelr efforts and they didn 't receive any -- not even one vote for it .

Any further discuss ion? If not, Senator moves the adopt ion of M endment No . 4 to Senate Bi11 l00 . A1l thase in favor . s ignify by saylng Aye. Those opposed, Nay. The Ayes have it. The amendment is adopted . any further amendments?

No further amendments reported : Mr . President .

3rd Readlng . We have two requests. The AP requests to take photos of the Session . Is leave granted? Leave is granted . Also , Illinois Public Radio requests permission to record the proceedings. Is leave granted? Leave is granted. Senatcr Madlgan . for what purpose do you rise?

Thank you r Mr. President . rise on a point of personal privilege .

State your polnt.

8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 With us in the visltor's gallery this morning is the Superintendent of Lincoln Elementary Schools, Dr. Robert iidd; Marsha Dallas, the teacher for the glfted class at Lincoln ' Elementary; and the students from the gifted class at elementary, I and I'd like them to be recognlzed. !

Wtll you please rise and be recognized by the Senate . Senate I Bill 133. Senator Peterson. Read the bill. SECRETARYHARRY: j Senate Bill 133. (Secretary reads tktle of bill) 2nd Reading Lf the btll. No conmittee or Floor amendments.

3rd Reading. Senate B11l 134. Senator Peterson. Read the bill.

Senate Bill 134. . (Secretary reads title of bill) 2nd Reading of the bill. No committee or Ploor amendments.

3rd Reading. Senate Bill 137. Senator Ralca. Senator Raica. Senate Bill 137. Take it out of the record. Excuse me. Read the bill.

Senate Bill 137. (Secretary reads title of bill) 2nd Readln: of the bill. The Committee on Judiciary adopted I Amendment No. 1.

Have there been any other Floor amendments that have been approved for consideration? I SECRETARY HARRY: 1 9 . r, '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslatlve Day April 25: 1995 No further amendments reported, Mr. President.

3rd Reading. Senate Bill 143. Senator Hendon. Read the bill.

Senate Bill 143. (Secretary reads title of bill) 2nd Readinq of the bill. The Committee on Public Hea1th and Welfare adopted Amendment No. 1.

Have there been any other Floor amendments that have been approved for consideration?

No further amendments reported, Mr. Ptesident.

3rd Readlng. Senate Bill 181. Senator Dunn. Read the bill.

Senate Bill 181. (Secretary reads tltle of bill) 2nd Reading of *he bill. The Committee on Public Health and Welfare adopted Amendment No. 1.

Have Ehere been any other Floor amendments that have been approved for consideration?

No further amendments reported.

3rd Reading. ...tmicrophone cutoffl...Bill 247. Senator Dudycz. Senator Dudycz. Take it out of the record. Senate Bill 260. Senator Raica. Read the bill.

Senate Bill 260. 10  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25y 1995 (Secretary reads title of b1l1) 2nd Reading of the bill. The Committee on Insurance, Penstons and Licensed Actlvittes adopted Amendments 1 and 2.

Save there been any oeher Floor amendmenes ehae have been approved for consideration?

No further amendments reported.

3rd Reading. ...Bil1 287. Senator Hasara. Take it ouk of the record. Senate Bill Senator Barkhausen. Senator Barkhausen. Read Ehe bill.

Senate Bill 304. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted Amendment No. 1.

Have there been any -- any Floor amendments that have been approved for conslderation?

No further amendments reported.

3rd Reading. Senate Bill 317. Senator Cronin. Read the bill.

Senate Bill 317. (Secretary reads title of bi11) 2nd Reading of the bill. The Committee on Judiciary adopted Amendments 1, 2 and 3.

Have there been any other Floor amendments Ehat have been 11  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslative Day April 25, 1995 approved for consideration?

No further amendments reported.

3rd Reading. Senate Bill 336. Senator Sieben. Senator Sieben. Take tt out of the record. SenaEe Bill 337. Senator Sieben. Senator Sieben. Take lt out of the record. Senate Bilk 354. Senator Barkhausen. Read the bill.

Senate Bill 354. (Secretary reads title of bill) 2nd Reading of the b111. The Committee on Commerce and Industry adopted Amendment No. 1.

Have there been any other Floor amendments that have been approved for consideration?

No further amendments reportedr Mr. Presldent.

3rd Reading. Senate Bill 356. Senator Barkhausen. Read the bill. Senate Bill 355. I'm sorry.

Senate Bill 355. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commence and Industry adopted Amendment No. 1.

Have there been any other Floor amendments that have been approved for consideration?

No further amendments reported.

12 !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslatlve Day April 25, 1995 3rd Readlng. Senate Bill 356. Senator Barkhausen. Read the bill.

Senate (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted Anendment No. 1.

Have there been any other Floor amendments that have been approved for conslderation?

No further amendments reported.

Reading. Senate Bill 357. Senator Barkhausen. Read the bill.

Senate Bill 357. (Secretary reads title of bill) 2nd Readlng of the blll. The Committee on Judiciary adopted Amendment No . 1.

Have there been any ather Floor amendments that have been approved for consideration?

No further amendments reported.

3rd Reading . Senator Fawell. Senate Bill 357 <sic> . Read the bill.

Senate Bt11 359. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Publlc Health and 13  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Welfare adopted Amendment No.

Have there been any -- any Floor amendments tha: have been approved for consideraEion?

No further amendments reported.

3rd Reading. Senate Bill 399. Senator Barkhausen. Read the btll.

Senate Bill 399. (Secretary reads title of bill) 2nd Readinç of the bill. No committee or Floor amendments.

3rd Reading. Senate Bi1l 401. Sênator DeAngelis. Senator DeAngelis. 401. Read the bill.

Senate Bill 401. (Secretary reads title of bill) Reading of the bill. The Committee on Revenue adopted Amendments 2 and

Have there been any okher Floor amendments been approved for consideration?

No further amendments repcrted.

3rd Reading. Senate Bill 429. Senator Burzynski. Senator Burzynski. Take it out of the record. Senator Senate Bill 434. Senator Cronin. Read the bill.

Senate Bill 434.  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 (Secretary reads tltle of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDENT PHILIP) 3rd Readtng. Senate Bill 434 <sic>. Senatcr Cullerton. Senator Cullerton. Take it out of the record. Senate Bill 439. Take lt ouk of *he record. Venate Bill 539. Senator Fawell. Senator Fawell. Senator Fawell. Read the bill.

Senate Bill 539. (Secretary reads title of bill) 2nd Readlng of the bill. No committee amendments.

3rd Reading. I'm sorry, thought you said there were no amendments. Have there been any Floor amendments that have been approved for consideration?

No further amendments reported, Mr. President.

3rd Reading. Senate Bill 553. Senator Fawell. Read the bill.

Senate Bill 553. (Secretary reads title of bill) 2nd Reading of the bill. The Ccmmittee on Financtal Institutions adopted Amendment No . 1.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR WEAVER) Reading. Senator Trotter on the Floor? Senator  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legtslative Day Aprtl 25, 1995 Rauschenbergery on 630. Out of the record. Senakor Maitland, on -- out of the record. Senator Dunn, on 664. Out of the record. Senator Karpiel, on 674. Do you wish to call the bill? Read the blll, Mr. Secretary. SECRETAR? HARRY: Senate Bill 674. (Secretary reads title of bill) 2nd Readin: of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Lauzen, on 725. Out of the record . Senator Petka, on 768. Out of the record. Senatcr Hawkinson, cn 782. Out of the record. Senator Raica, on 816. Do you wish to return this bill to 2nd Reading for the purpose of an amendment? Oh! It's already on 2nd. Read the bill, Mr. Secretary.

Senate Bill 816. (Secretary reads title of bill) 2nd Readinç of the bill. No committee amendments.

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

Amendment No. 1, offered by Senator Raica.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica, to explain the amendment.

Thank your Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. l is agreement that has been worked out between the Cook County State's Attorney's Office and the Department of Mental Health and the Hospital Associatlon. Floor Amendnent No. l becomes the bill and resolves several concerns that were ralsed commitEee. The amendment requires that -- a 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 mental health facility director to notify the State 's Attorney 's Office when dischargin: a looks like a recipient when the State's Attorney has requested to be notified. Floor Amendment l is -- also requires that -- the facility director to notlfy the State's Attorney when discharging a recipien: who ts deened to be a threat to the peace and the safety of the community. And Floor Amendment No. 2 is purely technlcal, and I would like to thank our staff for all their patience and -- and multlple hours in in makinq this amendment an agreed amendment.

PRESIDING OPFICER: (SENATOR WEAVER) Is there discussion? If not, the question is: shalk Amendment No. 2 to Senate Bill -- No. l and -- Amendment No. be adopted to Senate Bill 816. All in favor, signify by saying Aye. Opposed, Nay. The Ayes have The amendment's adopted. Are there further amendments? SECRETAR? HARRY: Amendment No. 2, offered by Senator Raica .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Raica.

Thank you, Mr. President. Amendment No. 2 is just highly technical; and just would ask for its adoption.

PRESIDING OFFICER: (SENATOR WEAVER) there discussion? If not, all in favor, signify by saying Aye. Opposed, Nay. Amendoent No. 2 adopted. Are there further amendments?

No further amendments reported.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Dillard : on 81:. Mr. Secretary r read the bill.

17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Senaee Bil1 818. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readkng. 842. Senator Cronkn. Read the bill: Mr. Secretary.

Senate Bill 842. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee or Flcor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 850. Senator Raica. Out of the record. Senator Dillardr on 857? Read the bill, Mr. Secretary.

Senate Bill 857. (Secretary reads title cf bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 859. Senator Maitland . Read the bill, Mr. Secretary.

Senate Bill 859. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Iasurance, Penskons and Licensed Actlvlties 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. Senator Dunn, Thomas Dunn, on 897. Out of the 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 record. Senator Barkhausen, on 9757 Read the bill, Mr. secretary.

Senate Bill 975. (Secretary reads title of bill) 2nd Reading of thP bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Hendonr on 996. Out of the record . Senator Peterson, on 1022. Out of the record. Senator Maltland r on 1027. Read the bill, Mr. Secretary.

Senate Bill 1027. (Secretary reads tltle cf b1l1) 2nd Reading of the bill. The Committee on Insurance, Penslons and Licensed Activities adopted Amendment No. 1 <sic>.

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

No further amendments reported. I

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator cronin, on 1083. Read the bill, Mr. Secretary.

Senate Bill 1083. (Secretary reads title of bill) 2nd Readin: of tbe bill. The Committee cn Financial Institutions adopted Amendment No. 1.

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

19 j STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGZLAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 q ; No further amendments repcrted. I PRESIDING OFFICER: (SENATORWEAVER) 1 I 3rdReading. SenatmrRea, on 1113. Read the bill, Mr. j Secretary. I - I sccRsvaay HARRy: I I Senate Bill 1113 1 . I (Secretary reads tltle cf bill) I I 2nd Reading of the bill. The Commlttee on Publie Health and l I Welfare adopted Amendment No. 1. 1 I PRESIDING OFFICER: (SENATOR WEAVER) I I Have there been any Flacr amendments approved for 1 consideration? SECRETARV HARRY: No further amendments reported. PRESIDING OPEICER: (SENATOR WEAVER) 3rd Readknç. 1115,SenatorRea? Outofthe record. Senator 1 - -Senator Cullerton, on 1183. Out of the record. Senator 1 I Barkhausen, on 1206. Read the bill, Mr. Secrekary. I l SECRETARY HARRy: I l senate Bill 1206. I ! (Secretary reads title of bill) : I 2nd Reading of the bill. The Committee -- Committee on Cammerce l I and Industry adopted Amendment Mo. 1. l l PRESIDING OFFICER: (SENATOR WEAVER) I I Have there been any Floor amendments approved for I consfderatlon? l l SECRETARV HARRy: j I No further amendments reported. : I PRESIDING OPFICER: (SENATOR WEAVER) ; I 3rd Reading. Por what purpose dces Senator Hendon arise? ; ' SENATOR HENDON: : Thank you very mueh , Mr. Presldent. I kas off the Ploor. I I ; i 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 I had a call from Chicago that I had to take When you called 996. I i ask leave of the Body tc return to 9967

PRESIDING OFFICER: (SENATOR WEAVER) Is there leave? Leave is granted . Senate Bil1 996, Senator Hendon. Read the bill, Mr. Secretary.

Senate Bill 996. (Secretary reads title of b(ll) 2nd Reading of the bill. Na committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. We Will start on page l1. Senate Bills on 3rd Reading . Senator Watson, cn 650. Senator Watscn on the Ploor? Take it out of the record. Commlttee Reports.

Senator Butler, Chairperson of the Committee on Cammerce and Industry, reports Senate Bikls numbered l5r 945 and 1016 Do Pass; Senate Bills numbered 1lv 281, 906 and 961 Do Pass, as Amended; Senate Amendment No. 2 to Senate Bil1 354 Be Adopted; Senate Amendment No. 2 to Senate Bi1l 355 Be Adopted; Senate Amendment No. l to Senate Bill 739 Be Adopted; and Senate Amendment No. l to Senate Btll 805 Be Adopted.

PRESIDING OFFICER: (SENATOR WEAVER) Senatcr Watson, are you -- do you want to move 6507 Read the bill, Madam Secretary.

Senate Bill 650. (Secretary reads tktle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

Yes. Thank you, Mr. President. This amends the Salem Civic I 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37*h Legislative Day April 25r 1995 I Center Law to allow for a sales tax to be lmposed by a front-door referendum in the City of Salem. They have a Salem Community ! l Activity Center that's been a very viable and excellent facility for the residents of the -- of the area andy of courser they 're having some fundtng êrobkems wtth operations and naintenance of the building. This would allow their Authority to impose a local sales tax by front-door referendum , obvlously with the advice and consent of the electorate there in Salem , to use this money for such things as upkeep and maintenance.

FRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is# shall Senate Bill 650 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Bave a11 voted who Wish? Have a1l voted who wish? Take the record. 0n that questionr the Ayes are 50, the Nays are none, 4 votlng Present. Senate Bill 650, having recelved the constitutional majority, is declared passed. Senator del Valle, on 660. Read the bill, Madam Secretary.

Senate Bill 660. (Secre*ary reads ti*le of bill) 3rd Reading of the bill. I

PRESIDING OFFICER: (SENATOR WEAVER) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. Senate Bill 660 permits daily wage employees to reques: paymen: on a weekly or semimonthly basis. It requlres employers to post a notice cf availability of Weekly or semlmonthly payment schedules. It also prohibits any employer from designating a particular financial institution for the payment or deposlk of a check for wages and permies such institutions not to honor the check as permitted under the Uniform Commercial Code. 1'11 bp glad to answer any questions. i 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day April 25, 1995

PRESIDING OFFICER: (SENATOR WEAVER) Is there discusston? If not, the question is# shall Senate Bill 660 pass. Those in favor will vote Aye. Those opposed wl1l vote Nay. The voting is open. Have all voted who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 58, the Nays are ncne, none voting Present. Senate Bill 6604 havfn: recelved the constitutional majority, is declared passed. Senate Bill 679. Senator Woodyard . Read the bill, Madam Secretary.

Senate Bill 679. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyard.

Thank you, Mr. President, Members of the Senate. This bill was suggested by the Chief Judge in my circuit the Fifth Circult - Which would allow an at-large additional judge in the Fifth Circult. It was amended with Senator Karpiel's amendment to add two judges in the Sixteenth Circuit. know, in my oWn case, the Supreme Court Justice from central Illinois is suppcrtlve of this bill, and I've been told that, in the Sixteenth Clrcuit, the same is true. Be glad to answer any questions or ask for a favorable vote.

PREGIDING OPFICER: (SENATOR WEAVER) ls there discussion? If not, the question is, shall Senate Bill 679 pass. Thcse in favor will vote Aye. Opposed, Nay. The voting is cpen. Have al1 voted Who wish? Have a1l voted Nho wlsh? Take the record. On that questionr the Ayes are 57, the Nays are ncne, none voting Present. Senate Bill 679, having received the constitutional majority, is declared passed. Senator 23  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 I Syverson, on 681. Out of the record. Excuse me. 681. Madam Secretary.

Senate Bill 681. (Secretary reads title of bl1l) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

Thank you, Mr. President. Senate Bill 68l amends the Retail Installment <sic> Act and gives retail installment accounts parity with current credit cards. It also deletes the requtrement of annual interest statements to consumers, due to the fact that they're no longer federally deductible. 1'11 answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If noty the question is, shall Senate Bill 68l pass. Those in favor Will vote Aye. Those opposed Will vote Nay. The votlng is open. Have al1 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 58, the Nays are nonez none voting Present. Senate Bill 661, having received *he constitutional majorlty, is declared passed. Senator Maitland, on 682. Out of the record. Senator de1 Valle, on 691. Read the billy Madam Secretary.

Senate Bill 691. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: Thank your Mr. Presldent. Senate Bill 69l requires that anyone given supervision or convicted of donestic battery shall 24 . L  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 make restitution to the shelter where the family or household members live because of the domestic battery. The amount of the restitution shall equal the actual expenses of the domestic violence shelter in providing housing and any services for the victims and any other family or household member living at the shelter. This btll was on the hgreed Bill List in the Judiciary Committee and ask for an Aye vcte.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 69l pass. Those favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted Who wish? Take the record. 0n that question, the Ayes are 58, the Nays are none, none vottng Present. Senate Bë1t 691, havlng received the constitutional majority, is declared passed. 694. Senator Rauschenberger. Read the bill, Madam Secretary .

Senate Bill 694. (Secretary reads title of bill) 3rd Reading af the bill.

PRZSIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 694 a a much worked-over and long-awaited attempt to regulate the open burning of leaves in the State of Illlnois. Thls bill, as amended, has been agreed to by a1l parties participating. This bill requires the Pollution Control Board to adopt regulations which prohibit open burning of landscape waste in census-defined urbanfzed areas ufth a population over a hundred thousand. The Board ts required to provide exemptions for units of local government Nhich have affirmatively adopted ordinances or regulations regardinq such 25  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 burning prior to the effective date of the Board's regulations: and for units of local government which demonstrate that the regulations shall not prohibit the burning of landscape waste for - - that -- that local governnents that demonstrate the prphibition of such burning Will cause severe economic hardship . The regulations shall not prohibit the burning of landscape waste for agricultural purposes/ habitat management purposesy or fire-fighting training. This bill provides for enforcement actions to be brought by the Attorney General, State's Attorney or local law enforcement officialsr and provides for fines of fifty dollars for the first violation, cne hundred dollars for the second violation, and five hundred dollars for third or subsequent violations. This bill has been before the General Assembly several tkmes. This ts probably the most acceptable version that I've seen. It certainly gives local governments the cption to deal with the lssue prior to the adoption of the regulations and allows them to -- to deal w1th the issue in a -- in a way thatfs appropriate tc their local area. would urge a favorable roll call.

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

QuesEion of the sponsor.

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield.

Senator Rauschenberger, what's the threshold for a -- a unit of governmenE to -- to be under Ehis bill?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.

The the threshold for the areas where the regulations would 26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 1 apply are census-defined urbanized areas with a population over a hundred thousand people. It's a census-drlven definition for density. If that -- if that answers the question. PRESIDING OFFICER: (SENATOR WEAVER) . Senator Welch.

Didn't we pass a bill last year or the year before that applied to munictpalities over ftve thousand people?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.

We -- yes, there -- there was discussion in other bills of a far more reaching -- you knowz classification which would have applied to more nunicipalities. This version is -- ls defined basically to deal with urbanized areas. It would deal with areas, for example, like Aurora, Champaign-urbana, the Chicago area, of course, Rock Island-Moline, Joliet: Peoria: Rockford. And I Would remind you, however, that those municipalities or local governments that take affirmative actionf any kind of regulation or ordinance, prior to the adaption of the Pollution Control Board rules, would be exempted automatically. That action could be to allow burnlng on alternate days. That action could be to permit burning. That action could be to prohibit burning. It allows local action to preempt the implementation of the rule.

PRESIDING OFFICER: (SENATOR WEAVER) fenator Welch.

I guess downstate we just have to learn how to breathe every other day. I have one other question. You satd that this was a compromise, and everybody had agreed to it. Is the Chicago Lung Association in agreement with this bill? PRESIDING OFFICER: (SENATOR WEAVER) 1 27 l .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 I Senator Rauschenberger.

As far as I know, from the last time I talked With them about three days ago, they 're a proponent of the bill. They Would like it to be stronqer and more comprehensivey of courser but they're very happy to :et the beqlnnlng.

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

Will the -- Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Would .

So# if a municipality wants to set hours for burning, on certain times, they're not precluded from doing it under your btll, are they?

FRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.

So long as the municipality or unit of local government acts before the adoption of the Pollution Control Board rules, they can set whatever rules they want for their local area.

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

When -- when would the Pollution Control rules be in -- in effect? Can you tell me that?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.

The bill has an effective date of January of 1997. And the Pollution Controk Board rukes would come sometkme after that. 28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen cf the Senate. Would the spcnsor yield for question?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would.

Senator, even though I do believe this is probably one of the better bills, as I said in committee, that We've seen in regards to -- to leaf burnlng, I have a couple of questions. Number one, w1ll this affect all municipalities in the State?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.

No. Onl'7 thcse municipalities that are in census-tracked areas of more than a hundred thousand people. The vast majority of the State of Illinois geographically will not be affected.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

And I think that's one of the problems with the bill. Number two, if, in fac: -- 1et me just maybe not ask it as a statement, make it as -- or not ask it as a questlon, 1et me make it as a statement. 0ne of the problems that I truly have With this bill is it is a reverse mandate if you will. 'Cause what we are saying to the municipalities, that if you don't do it in those -- in those communitles over a hundred thousand MSA, that lf you don't do it, then we're going to do it for you. And, I think that that's not good public policy, but, I think that -- again, that if We do things in the State, we should do it for the entire Statez and to be selective I -- I think just really makes it a little bit worse. 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 I l And I know in my area We can have a good number of -- of the concentrated area that has no burning, but we could have a community four miles away that can burn al1 they want. And I know that's going to be damn hard for me to explain to my constituents. PRESIDING OFFICER: (SENATOR WEAVER) Senator Bowles. SENATOR BOWLES: Thank you, Mr. Chalrman. Will the -- will the sponsor yield for a question? PRESIDING OFFICER: (SENATOR WEAVER) He lndieates he would. SENATOR BOWLES: I have some concerns about this also, because in the Metro East arear khere is a concentration urbanized area of a hundred thousand. Understand that it does apply in our area then. Is there any local option for, say for example, one of the small lncorporaked villages that would have the option of passing a local ordinance, Senator Rauschenberger? PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger. SENATOR RAUSCHENBERGER: 1 Yes. Specifically, the bill says that if any local -- unit of local government in a one hundred thousand or greater MSA acts affirmatively before the adoption of the Pollution Control Board regulations. In other words, they could act -- decide, by local ordinance, to have burning on alternate days, to have burning on weekends only, to have burning in any kind of way they wantf or na burning at all. As long as they act before the adoption of the Pollution Control Board rules, thgy can do whatever they want. We just want them locally to address the issue. PRESIDING OFFICER: (SENATOR WEAVER) I Senator Havklnson. I 30 k * - ' r- .  ; 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslative Day April 25, 1995 SENATOR kAWEINSON: Thank you, Mr. Prestdent. Will sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WEAVER) He indicgtes he would.

Senator, ls there anything in current 1aw which prohibits a municipality of any size from dealing with the question of regulating cr banning open burning?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.

To the best of my knowledge, no.

PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? If not, Senator Rausehenberger may close.

To my esteemed eolleague Senator Jacobs' comments: Thls bill is not targeted at municipalities. It's targeted at concentrated areas where people live together and have to share the air. It's - - it's -- it's deslgned to give local government the maximum anount of flexibility. But it does require that they deal with the issue of air qualitye and those people who have asthmatic conditions and have lung problems certainly Would Welcome thls kind of leglslation. I Would urge my colleagues to -- to vote Yes.

PRESIDING OFFICER: (SENATOR WEAVER) The question isz shall Senate Bill 694 pass. Those in favcr Nill vote Aye. Opposed, Nay . The votinq is open. Have al1 voted Who wish? Have a11 voted uho wish? Take the record. On thae questionv the Ayes are 37, Ehe Nays l5r l voting Present. Senate Bill 694, having received the constitutional majority: ls declared passed. Senator Pitzgeraldr on 695. Read the bill, Madam 31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 i I Secretary.

Senate Bill 695. (Secretary reads title of bill) 3rd Reading of the btll.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald.

Thank you, Mr. President, Ladles and Gentlemen of the Senate . Senate Bil1 695 does two things. Pirst: it makes nonresident dealers subject to the Beer Industry Fair Dealing Act. And secondly, it requires that Illinols law must apply to contracts between dlstributors and brewers. This passed unanimously out of committee. It is supported by the Deer Dtstributors. There's no oppositton to my knowledge.

PRESIDING OFFICER: (SENATOR WEAVZR) Is there discussion? If not, *he question isv shall Senate Bill 695 pass. Those ln favor, vote Aye. Opposed, Nay. Voting is open. Have all voted who wish? Have al1 voted Who wish? Take the record. On that question, the Ayes are 56, the Nays are ncne, none voting Present. Senate Bill 695, having received the constitutional majority, is declared passed. Senator Dudycz, on 706. Excuse me. Senator Garcla, for What purpose do you arise?

Thank your Mr. President. Mr. Prestdent, as the chief cosponsor of Senate Blll 700, I'd like to beg leave of the Body to be able to handle this for Senator Shadid.

PRESIDING OFFICER: (SENATOR WEAVER) Is there leavg? Leave ls granted . We will come right back to it. ! SENATOR GARCIA: I Thank you, Mr. President. Senate Bill 700... j 32 ' - - . - - .- - .. .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCREPT 37th Legislative Day April 25, 1995

PRESIDING OPFICER: (SENATOR WEAVER) Excuse me. Just -- 1et let's read the Senator Garcia. Senate Bill 700, Madam Secretary. Read the bill.

Senate Bill 700. (Secretary reads title of b11l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia.

Thank you, Mr. President. Senate Bill 700 ts a -- an agreed bill list <sic> that came out of the Commtttee on Public Hea1th and Welfare. It perRits the Department af Public Aid to conduct an earky fraud prevention and detection program. The Act calls for a recipientds picture on his or her Medlcaid eligibility card and the prescribing physiclans name on a Medicaid claim form. I'd ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discusslon? If not, the question is, shall Senate Bill 700 pass. Those favor Will vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who Wish? Have a1l voted who wish? Take the record . On that question, the Ayes are 57# *he Nays are noner none vo*ing Present. Senate Bill 700, having received the constitutional majority, is declared passed. Senate Bill 706, Madam Secretary.

Senate Bi11 706. (Secretary reads title of bill) 3rd Readinç of the bkll.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz.

33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Thank you, Mr. President. Senate Bill 706 was requested by the Cook County State's Attorney's Office, worklng in conjunction with suburban police chiefs and county sheriffs. The language: as amended, in the final version of Sqnate Bill 706 has been warked out between the -- the State's Attorney's Office, the StaEe Police, the FOP: the Chiefs of Police and the Sheriffs' Association. And the Municipal League is now neutral on this bill. What it does, it amends the -- the Code of Criminal Procedure to add -- to add a provision stating that any police officer may conduct temporary questioning and make -- make arrests in any jurisdiction in the State if two provisions: one. the officer is engaged in the investigation cf an offense that occurred in the officers jurtsdkctëon; or the second one, the officer, while on dutyr becomes personally aware of the immediate commissicn of a felony or a misdemeanor. The local 1aw enforcement agency shall be notified immediately of any arrest made under this Section. This bl11 is an attempt to assist the ongoing investigations of persons Whc travek outsfde their -- their jurtsdictions, outside their municipalities when they are investigating certain instances. This would not allow th9 police officers to go outside of their jurisdiction just to set up speed traps, for example, or speeding vlolatlcns, which are petty offenses, and they're not included in this languaqe. Neither are any municipal ordinances. This would alkaw an on-duty offtcer to nake an arrest if the offtcer wltnesses a crime in his or her presence. Currently, *he Statutes state that if the officer is outside his own jurisdiction, whether he's on duty or off dutyy if he Witnesses a crime, the only thlng He can do is make a -- a citizen's arrest. And 1'11 be more than happy to ansWer any questions. PRESIDING OFFICER: (SENATORWEAVER) 1 Is there discussion? If nok, EHe question is, shall Senate i 34 , ( '  STATE OF ILLfNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day April 25; 1995 I Bil1 706 pass. All those in favor, signify by votlng Aye. . I Opposed, Nay. The voting is open. Have all voted who wlsh? Have all voted who wish? Take the record. On tbat question, the Ayes are 57: the Nays are none, none voting Present. Senate Bill 706, having received the constitutional majorityr is declared passed. 708, Senator Woodyard? Read the bikt, Madam Secretary.

Senate Bill 708. (Secretary reads title of bil1) I 3rd Reading of the bill. PRESIDINC OFFICER: (SENATOR WEAVER) i Senator Woodyard. l

Yes. Thank you, Mr. President, Members of the Senate. This bill was suggested by the Mid-West Truckers Assoclation, dealing with lengths of trucks. Certainly,Ithinkthemostimpor*ant 1 part is the fact that the total length of the truck dces not change. It does somewhat change the configuration Within the total length of the truck in -- in tWo manners. It says that the -- it defines the length of the truck-trailer combinatlons, as either the sixty-five feet in overall length or fifty-five feet in length between the first and fifth axle. And it also wculpd 1 ' ! provide that Erucks on the Class I truck routes and that s Interstates, the dlstance between the kingpin and the center of the rear axle should not be over forty-five feet, six inchesy where lb's now forty-two feet, six inches. That's what the bill does, and try to answer any questions or ask for an affirmative I vote. I

PRESIDING OFFICER: (SENATOR WEAVER) Is there discusskon? Senator Pawetl. i SENATOR FAWELL: ' Thank you very much, although I d1d support this bkll in i 35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 i committeey I think the -- everyone should realize tha: by 1 increasing the distance beEween the kinspkn and the -- and the center of the rear axle basically what happens Ls it makes lt more difficult to turn these vehicles. And some of the munietpak people are concerned tha* if they get on the highways Within the nunicipalities, that they will be going over the curbs when they make that -- that turn. I want everybody to be aware of that fact that there -- there is some concern by the Township Officials, the County Engineers and the Dupage Mayors and Managers.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

Thank your Mr. President and Ladies and Gentlemen of the Senate. I just stand in strong suppcrt of this legislatlon. It makes us uniform with the other states around us. Allows us not to be sitting out like a sore thumb and I think it's a good bill and ask for your suppcrt.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch .

Question of the sponsor.

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield.

Senator Woodyard, doesn't the Department of Transportatlon design their turn lanes based on the length of vehicles and haven't they already designed many roads based on the existing length?

PRESIDIHG OFFICER: (SENATOR WEAVER) Senator Woodyard . SENATORWOODYARD: j ; Yesr I think that's correct. 36 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legtskattve Day April 25, 1995 : I PRESIDING OFFICER: (SENATOR WEAVER) ! Senator Welch. SENATOR WELCH: Well, it seems to me then there is a hidden cost here to the taxpayers cf Illinois, and that cost ls the cost of having to redo these roads and changing the length for the turning lanes. In addition, the cost of the safety aspect to travelers on the hkghways. Certainly many of us have been at intersections where a truck pulls out into the left Lane to make a right-hand turn, and with this bill, this will be more frequent and probably be less safe for passenger cars. I haven't heard any -- any statements how this is goin: to help the eccnomy to offset those dangers to passenger cars and to the requirement that we change our road system . PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm . Further discussion? Senator Woodyardr to close. SENATOR WOODYARD: Thank your againy Mr. President. Senator Welch, I'm -- I'm told that over eighty percent of a1l of the intersections can -- can handle this -- the turning problem tha: you brousht up, right now. You must understand, also that this deals with the trucks that use just the Class I hlghways, which are the Interstates. The other thlng, the Illinois Department of Transportation and the State Police do support this bill. So, I'm sorry, I understand their neutral on the bill. PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 708 pass. Those in favor wtll vote Aye. Opposed, Nay. The voting is open. Have a11 vcted who wish? Have al1 voted Who Wish? Have a1l voted Who wish? Take the record. On that quesEion, the Ayes are 22, the Nays are i 33, 2 voting Present and 2 not voting. Senate Bill 708/ having I 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatkve Day Aprkl 25, 1995 failed to receive the constitutional majority, is declared lost. Senate Bill 710. Senator Watson. Read the blll, Madam Secretary.

Senate Bill 710. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

Yes. Thank you, Mr. President. This leglslation comes to us from the Cook County State's Attorney, Jack O'Malley. A couple years ago we spcnsored leglslatlon that created the Vlolence Prevention and Conflict Resolution Education Act, and as a result of the lack of funds and the lack of support, primarily from the State Board of Education, not a whole heck of a 1ot was done. So, naw we're coming back and adding some language to the Act that says that ''Any funds received by the State or local educational agency pursuant to the federal Safe and Drug-Free Schools and Communlty Act of 1994 shall first be applied or appropriated to meet the requirements and implement the provisions of this'' -- ''of this Section.'' Yes, indeed, this a mandate, but it is a mandate in which we are -- we are seeking funds and have funds available fcr it. think it's appropriate that we have so many correctional officers in here today, and Who are concerned about those people who we put away in the Department of Corrections this State. Wha: this legislation attempts to do to create an educational environment by which violence prevention and conflict resolution would be discussed in our local schocls a means by which tc solve your problems without ultimately going to the extent in which you end up in the Department of Correctionsy and ultimately these gentlemen and ladies have to take care of those people in our correctional systems. This is an effort to do that. 38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 We have the funds available through the Drug-Free School Act: and I would ask for the support of the Membership. PRESIDING OFFICER: (SENATOR WEAVER) I Is there discussion? If not, the question is, shall Senate Bill 710 pass. Those in favor will vote Aye. Opposed, Nay. The i voting is open. Have all voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 56, the Nays are 2, none voting Present. Senate Bill 710, having received the constitutional majority, is declared passed. Senator Ralph Dunn, on 717. Read the bill, Madam Secretary.

Senate Bill 717. (Secretary reads title of bill) 3rd Reading of the bill.

FRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.

Thank your Mr. President and Members of the Senate. This billr Senate Bill 717, amends the Liquor Control Act to require the Liquor Control Commission to establish, develop and enforce a program to reduce the availabtlity of tobacco products to persons under eighteen years of age. The blll is -- needs an amendment on 1t, and I'd like to send it over to the House. The -- the industry and other people that are interested in it are working on an amendment, and it needs to nove along. So I'd appreclate a favorable roll call.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr the questlon is, shall Senate Bill 7l7 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who Wish? Have a1l voted Who wish? Take the record. On that question, there are 55 Ayes, no I Nays, none voting Present. Senate Bill 717, having recelved the 39 ' * ' .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 constitutional majorityr is declared passed. We have an lntroduction today by Senator a: the request of Senator Raica . We shall continue on. Senator Ralph Dunnr on 718. You Wish to call the bill? Read the bill, Madam Secretary.

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

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.

Thank you, Mr. President and Members of the Senate. This bill has been reduced down by Committee Amendment No . to make it a -- create a shell bill so that we can use it on working on the Board of Higher Education representation and the -- the other things that we 're working on in the main bill. We 'd like to send it over to the House so that they can work on 1t, and send it back. Appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall the Senate - - those in favor will vcte Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted who wlsh? Take the record. On that question, the Ayes are 51, the Nays are 3, 2 voting Present. Eenate Bill 718, having received the constitutional majorityr is declared passed. Senator Raica.

Ladies and Gentlemen: lf we can have your attentlon fcr a few moments. We have some special guests with us thls afternoon. First of all, I'd like to introduce -- a former colleague of ours has joined us up here on the Podium. Former State Senator and current Treasurerr Judy Baar Topinka, has joined us. Like to welcome her to the Senate. And now, Senator Raica would like *o 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislattve Day April 25, 1995 introduce a very special guest that has joined us wtth his wife. And Senator Raica. SENATOR RAICA: Thank you, Senator Dudycz. Ladies and Gentlemen, it is my pleasure to introduce Michal A. Grocholskir Who 's -- who has arrived in Chicago and assumed the duties as Consul General from - - from Poland on March 9thr 1992. On March 17th, in 1992, he Was granted recognltlon by the Department of State, ln Washington, D.C. In 1990, Mr. Grocholski joined the dlplomatic service of the first solidarity-led government in the Republic of Poland. Before his appointment, and at present post in the General -- Consul General of Poland, in Chicago, he served as mlnisters counsel in *he Polish ministry of foreign affairs, heading -- heading the analysis division in the Department of Foreign Economic Relations. Mr. Grocholski has been previously working in the capacity of Ccnsulate at the Polish Chamber of Fcreign Trade. He was responsible for export promotion programs as w&ll as bilateral economic committees with Poland and the United States between 1988 and 1989, and between Poland and Japan in 1985 to 1988. In the preceding years, he supervised various bilateral activities of the Chamber, wlth Arab and African countries between 1979 and 1985, and with Scandinavian countries between 1972 and '79, with Indla between 1965 and '72, and at which time he Was appolnted the head of the Polish Trade Promotlon Center in New Delhi. Mr. Mlchal Grocholski for many years lectured at seminars and conferences of international Chamber of Commerces. He published articles on public relations in trade promotionsr and he qained his first professional experience in tmport and export of constructlcn machineryr and the first license agreements between Polish industry and the foreign partners in Pollenex Corporation in Warsaw. In 19614 he graduated from the Institute of Oriental Studles ln Ehe Universlky of Warsaw. Mr. Grocholski was bcrn ln 41 , r ' i  I STATE OF ILLINOIS i 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 37th Legkslative Day Aprll 25r 1995 1929, ln a family of rich political and cultural traditions. He was with the civil and the military -- he received many clvil and milltary decorations. He's a member of the Polish Oriental Society, the World Association of Home Armyr and also Polish Sociological Associatton and the Association of Blind Care. It is with deep pleasure and esteen that Senator Dudycz, Treasurer Topinka and myself, on behalf of Senator Philip and the Governor of the State of Illinois, have the pleasure to lntroduce to you, Mr. Michal Grocholskl. CONSUL GENERAL, MR . MICHAL GROCHOLSKI: (Remarks by Mr. Michal Grocholski) PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzenr on 721. Do you wish to call the bëll? Read the btll, Madam Secretary. ACTING SECRETARY HAWRER : Senate Btl1 721. (Secretary reads title of btll) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen. SENATOR LAUZEN: ... lmicrcphone cutoffl...Mr. President. Senate Bill 721 is an Attorney General Jim Ryan lnltiative. Thts bill reasserts a prksoner's liability for his upkeep . Provides a formula for determining his daily rate. Permits department records to serve in effect as business records at an incarceration cost hearing . Pernits the Director of the Department of Correcttons to Eequest the Attorney General to sue for assêts, which the Director has become aware. And sets a two years from death or felease statute of limitations on *he Attorney General, and describes what assets are covered, which is basically all. ihis bilt lmproves Ehe knmate expense reimbursement language, which it replaces. I'd be 42 y ' .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day April 25r 1995 happy kO answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is Ehere discusslon? Senator Collins.

Question of the sponsor.

PRESIDING OPFICER: (SENATOR WEAVER) He indicates he would yield.

Senator: because I don't have the bill here, could you tell me what assets are included? PRESIDING OFFICER; (SENATOR WEAVER) Senator Lauzen.

Senator. al1 assets.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.

So -- so, Senator, you're -- under this bill under this blll, and I know like under current 1aW and -- and there are some concerns about, for example, -- a prison prlsoner is incarcerated and they write a book, the royalties and the monies from that publication should: in factr gc to pay off thelr debts for incarceration and support their families. understand that and I support that. But I am concerned here that that if you/re talking about someone who commits a crimer got a family at home, maybe have a home for their children and -- and that familyy and then you lre going to attach -- put a lien on the home that inmate for the incarceration period while they're lncarceration. To me, then you go beyond and you start penalizing the innocent victims, the families of -- of that incarcerated person. And to me, would appear to me, that -- that's taking this a too farr so I wanted you clarify and to make -- that 43  STATE OF ILLINOES 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day Aprll 25, 1995 1 make you -- make sure that you're not taktng the homes away from families or putttng liens on homes of famllies to pay for their incarceration of a member of that family who violated or committed some klnd of crime?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs. Was that a question, Senator Collins?

want him to answer that for the record. Are you takinq...

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

...away?

PRESIDING OFFICER: (SENATOR WEAVER) He understands

Senator, khe responsibllity's when a person commits a crime -- what this bill does isr it reasserts that the responsibllity for their upkeep is that person's. The Attorney General is authorized to go before a heartng to collect any of the assets to, in effect, compensate for the erime that's been committed.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs. You have a further question: Senator Collins?

. .. was trying to get clarification on the question: and he's answered the question, but then I'd like to make a statement. END OF TAPE TAPE 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

PRESIDTNG OFFTCER: (SENATOR WEAVER) proceed. ee.

Yes. Thank you very much. I rise in oppositlon to this bill, beeause thtnk this bill -- I know this bill gces too far. think I have -- everybody knoW that have been around here that have championed the fight to ensure that incarcerated people have access to jobs so that they can, fact, pay for the cost of -- that they incur -- for incarceration, and to provide continuous support to their families. thtnk that is fair and proper, and they should do thatr but I don't think that a family - a wife and a child, or -- or a a spouse and a chlld and their children should be penallzed because one of ehe members of that family who happens to own a hone or some property committed a crime. So you're punishing innocent people and that is not right. All you're doing is adding to the probabilities that members of that family will also become criminals themselves. That's not What I think we ought to be doing.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

Thank you: Mr. President, Ladies and Gentlemen cf the Senate. Just to follow up on Senator Colltns' questlon, 'cause I think she raises a valid point. guess my first question, if the spcnsor would yield, is is: What cost are you talkin: about when you're talking the cost of inearceration? Are you talking about medical costs? Are you talking about the actual thirty thousand dollars a year -- it costs to -- to take care of an inmate? What actually are you talking to? And then have a follow-up question.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen. 45  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

Senator, that's -- that is one of the important thinqs that this bill intends to clarify, and the answer to your question that his daily rate is the average per captta cost per inmake per day per particular institution.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

So what we are saying here probably that eighty to ntnety percent of those that wg have incarceratedr in most eases, do not have assets, and they don 't have assets because that's why eheydre out doing the crimes. So What we're talking about is we are going to take those who can afford to pay, and make them pay. Now that sounds good, and for al1 of you that are listening, just keep ln mind ''that sounds good''. That'll make a nice press release. But yet, on the other hand: we have the situakion, as Senator Collins brought upr that penalizes the family. Is that what our intent is. is to penalize families because somebody makes a mistake? Somebody goes out and a -- a husband and/or a Wife makes a silly mistake and does something and goes to prison for *wo years, the other spouse and the children have to suffer beyond - beyond - the fact of the loss of the other party for a period of a couple years, but now We're going to damage them more by making those at home pay for their cost. If we're going to do that, let's just make a1l prisons to where everybody's got to payr period . And, you know, you lre not going to be able to do lt, because thgre aren 't that many people that are eligible cr able to pay for it. We have fines. We have all other types of recourse, and I think what you 're trying to do is noble. think you went too far. If you wanted to do this far medical costs, et ceterar those things that they 'd have to pay on their own, I could understand that, but take away homes, cars, those things that are neeessary for a 46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day Aprtl 25, 1995 family to stay together, as your legislation attempts to do, think is completely wrong. And we should certainly take a longy hard look at this before We approve it.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

Yes. Thank you, Mr. President. guess, a queseion of the sponsor if he'll yield. PRESIDING OFFTCER; (SENATOR WEAVER) He indlcates he would yield.

A11 right. -- I guess I'm confused hearlng the two opponents here spêak and reading my analysis. From -- from what I understand current law , they have no ability to do this. This is just enabling legislatlon. That's We're trying to do.

PRESIDINC OFFICER: (SENATOR WEAVER) Senator Lauzen.

That's correet.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.

Second question: If if, in fact, an tndividual is incarcerated in this State and they have, let's say, insurance - medical insurance - Would this enable the Department to go after the medical coverage that tha: indivldual has and, therefore, pay for his or her medical costs While incarcerated?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

The ansker is yes.

PRESIDING OFFICER: (SENATOR WEAVER) 47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Senator Watson.

Well, absolutely an exeellent idea. mean, we -- I give speeches and go around the district. I've got three correctional centers in my area, plus a new federal institutton, and always say you want the best of health eare, you want edueation, you want three meals a dayr you want play basketball and volleyball: go to prison. That's a way to do it. Now, al1 We're asking is that an inmate accept some of the responsibility - financial responsibility - for his or her incarceration. I meane we have such a ballooning populatlon noW Within the Department of Corrections, the costs -- just take a look at the budget and see What's happening in the Department of Correctlons. You talk about a growth industry in this State, unfortunately thatfs Where it's at. Why not enabke the Department ar the Attorney General to recover some af those costs from, in factp inmates who have committed a crime against society? Let's remember Ehat. Nhy not enable them to go after some of those cosLs that will help us and help our system malntain some viability? think this is an excellent ldea, Senator Lauzen, and I certainly support it and hope the other Members of the Senate will also. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

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

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield .

Senator Lauzenr guess I'm still confused about this. read the law as was currently in place, and it looked as if you have crossed out al1 of the language that did require prisoners, tncarcerated people, to pay for their incarceration. So Nhen you 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 say that this is enablin: legislation, I don't understand how it can be enabling when what you are doing is what Senakor Collins said. You are, fact, taking assets. Now I could understand -- my analysis says thae this grew out of the John Wayne Gacy ease. I could understand if you had written legislation that prohibited prisoners from profiting fromr as in the case of Gacy. artwork or bcoks or whakever, but to take assets which, by right, belong to a family - for example: there eould be a joint checking account; there could be joint ownership - to take those away over and above the cost of this person's incarceraEicn, it seems to me is taking lt a bit far. Aa not understanding this correctly?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.

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

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would.

If -- if someone commits a drug crime - and perhaps if you don't kncw this, maybe some attorney mlghty because honestly don't know the answer someone commits a drug crime right now, we have somethinq in the law that says that when a -- a criminal is convicted, that -- that any assets they may have that may come from the fruits of the crlme can be taken by the local police departmen: - the cars, the -- in fact, I just saw a DARE car the other day that said , you know, ''This was from the result of a drug raid.'' I know there's been a couple of houses that have been picked up in Dupage County by, believe, a -- a loeal munlclpality or or... In effectr when we do that, are Ne concerned about the family? Are we concerned about the -- *he -- the wife who may be driving that car? Are We concerned about the 49  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 kids that may be living in that houser or do We just take those assets away: period?

PRESIDING OFFICER: (SENATOR WEAVER) Are you asking a question, senator? Senator Lauzen.

Well, first of all, the inEenk of the bill is not to punish families, but -- and of ccurse, is -- we also don't want to punish society, as you know, with the increaslng pcpulaeions that Senator Watson referred to and *he costs of incarcerating . What this bill does is it provides the same remedies in the law as an enforcenent of civil 1aw judgment, but it establishes that the prisoner has the liability for his upkeep. So rather than the onus being placed on society, who has had a crime committed against her, it is the prisoner's responsibility to maintain his or her upkeep.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.

Who deeides whlch assets are going to be taken?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

This is -- this is handled the same way in a court -- a civil law. It's the same the same thing as a civil law judgment.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.

Well, to the bill: It seems to me that this bill, frankly, makes lot more sense than what we have done as far as the druq raids: and What have you p are concerned, where police departnents and FBl people and drug enforcement people have been able to go in 50  STATE OF ILLINOIS 89TH GENERAL ASSEMPLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25y 1995 and literally take somebody 's assets almost without a court case. they find a pile of money in a -- in a trunk, they assume that is -- from a drug sale. If they find a marijuana cigarette in a -- in a -- in a boat, such as they did in -- in one lnstance, they assume that that boat ownerr who may or may not even know that Ehat thlng was there, is ln possession of drugs. At least, this bl1l, you have to go to court and the eourt has a chance to look at Ehose assets and see, indeed, if those assets could or should be used for this purpose. I think it's a fair bill/ and think we ought to be voting for it. PRESIDING OFFICER) (SENATOR WEAVER) Senator Berman.

Thank you, Mr. Prestdent and Ladies and Gentlemen of the Senate. In a comment to the last speaker, let me point out that when you talk about the proceeds of a drug deal - those are the proceeds of a criminal action ehose ean be grabbed under exlstlng law. This bill has nothing to do with the proceeds of drug dealers. Proceeds of drug dealers can be attached under existing law. Let me tell you what this bill does, as read it. And I think that -- I find interesting, according to our analysis, Department of Corrections has taken no position on this bill. As I read this bill, what you are doing ko the average to the average inmatep under the Department of Corrections -- and I've got some experts sitting ln the balcony that might be able to give me some -- some signals as to whether off base or not. The whole purpcse or one of the main purposes for the overwhelming majortty of ccnvicts is to rehabllitate them, to show them the -- the error of their past: and get them into a work-release program so that they can blend into society in a productive Way . Now. keep that in mind, Ladies and Gentlemen. That is one of the main purposes of our correctional system. I'm not talking about the 51  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 murderer. not talkin: about the person sentenced tc life imprisonment. I'm talking about to the eighty-five, ninety, ninety-five pereent of the convicts that are going to be out one of these days. For those -- the overwhelming majority of those convietsr we want them to get back into society. We want them to learn how to earn an honest living. We want them to take care of their spouses and their children. Under thts bill, if you take a person who 's been convicted of what I will call a nominal crime - okay? - and is sentenced to two years in prison two years in prison. Okay? Well: wait a minute. You can -- you can make fun of my word ''nominald', but it's not life imprisonment. They've been sentenced to two years. Under this bill, that person is going to havey my guess 1s, at least a sixty-thousand-dollar lien a sixty-thousand-dollar judgment - against them, because the average cost of keeping a convict in jall is about thirty thousand dollars wlth all of the things that are itemized here. Now what -- what's going to happen? The Attorney General and Department of Correetions, under this bill, are going to be under pressure to colleet that money back. From the speeches that I heard on this Floor, they're golng to be required to collect that sixty thousand dollars back. And 1et me tell you what also is in this bill, the following sentence: ''No provision of ehls Section shall be construed in violation of any State or federal limitation on the colleetion of money judgments.' And what that means is this) If I went out -- if I'n in prison and I'm released and I go out and one of the people that defrauded of money has a judgment agalns: me# they can garnish my Wages. That's limited to fifEeen percent of what earn. Under this bllls my hypoEhe*ical of sixty thousand dollars owing to the Statey whatever I earn, not limited to a fifteen-percent garnishment, - whatever earn - would be atkached by the State. Why should I get an honest job? Hcw am I qoing to take -- why should I take care of my spouse? Why should kake 52  STATE OF ILLINOIS B9TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 care of my children? The State is goin: to grab everything I earn, whether it's on work release or it's a legitima*e job after I'm released, to pay back that sixty thousand dollars I cwe for tWo years prison. Where are we rehabilitattng people? How #re we going tc get them back into the mainstream of soclety? Not with this kind of bill. It doesn't make any sense. I urge a No vote.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.

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

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yieldr Senator Hendon.

Thank very much. Senator Lauzen, I have a problem With this bill. Point number twelve on the digest says that ehe death a convicted person, by executlon or otherwise, While committed to the Department of Corrections shall not act as a bar to any action or proceeding under this Section. Does that mean that -- say we execute someone or they are just killed in prison by another inmate or whatever, would we then go afeer the hcuse and put the mother and the children out on the street? I mean...

PRESIDING OFFICER: (SENATOR WEAVER) Genator Lauzen.

First of ally again, wha: this bill does is it establishes thaE Ehe responsibility for keeping a person in jail is the prisoner's, not society's. What welre Ealklng abouE Eoday -- and I'm amazed by the -- you know, by the, perhaps, confuskon. This is already *he law. A1l this bill does is amend procedures that the State goes about recovering the assets that are due them in 53  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslative Day April 25, 1995 the upkeep of the prisoner.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.

Okay . And and I will certainly be brief, as I have a11 - - a11 this Sesston. The -- does this law -- is this law going to affect, no matter what the crlme? Because -- Idm a1l for seizure for drug dealers or and that klnd of thingr but what a person that end up in the penitentiary 'cause of traffic tickets, which it happens, or traffic violations or, you know, scmething that's really not like a drug dealer or a murderer? So is it any crime? You know ...

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

Are you sayin: that people go to prison for traffic violations?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendcn.

Well, Ehey go into the Cook County jail, Which ls -- which is the same thing. There are people who 've been ln there for a year.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

Senator, this is for people who are prlson.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.

My question is -- ts regardless of any erlme? DUI, someone said. You know, because I just feel that certain crimes - okay, fine dru: dealers, leE's take everything they got. 54  STATE OF ILLI/: IS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Carjackersr bank robbers. But I mean, some some people are in the penitentiary right now for crimes that are really not, you know, something that's terrible. And I don't think that we should be t.aking thetr assets thak they may have lef*, and that -- that's my concern. Other than that, I think it's a good bill. You've been sponsoring fine legislatton a1l year. just have a problem with how brcad this is. So my question is# is it any crime or are there specific grievous crimes?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

does not cover misdemeanors, Senatorr if that clarification helps. So that makes it a more narrow.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.

Thank you, Mr. President. I think maybe we can shed a little light on this debate, and it's an interesting one, but it -- but it involves something that's already *he law. The current law reads that the Director of the Department shallz When reasonably able, require eonvicted persons committed to the Department of Correctional Institutions or facilities to reimburse the Department for the expenses incurred by their incarceration. already the law. This is just settlng up a procedure whereby the AG can go to court, can get these judgments entered. It's -- it's a good bill, but *he underlying concept that seems to be debated here iG already the law .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith.

Thank your Mr. Chairman. May I ask a question, please, to the sponsor? I Want to clarify what Senator Ccllins and Senator 55  STATE OF ELLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Palmer was asking to you. I Want to ask -- I understand from what they said, they were inqulring, is true that a person :ho was convicted and sentenced to tncarceration, that his family his wife or his mother, who is left here to take care of theirselves while he's incarcerated - wlll their monies or whatever they have to take care of them while he is away, is that going to be taken from them, that they will not have any support whatsoever?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

Their monies would no* be taken.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith. Senator Smith.

Thank you. But that the monies will be taken away from them and used against him while he 's incarcerated? That's what I want to ask.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

Thank you, Senator. Number cne, this is existing law, what you 're referring to, and it does not change -- Ehis bill does not change any of the existing law. Secondly , the consequences of this civil judgment action would be no different than if there Was an accident and there were damages assessed, from what understand. Thirdr we would not be going after someone else's assets, just the assets that are in the name of the prisoner.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith.

not clear. ... You're not clear. I want to ask just one yes or no. The money or whatever upkeep that there was existtng in 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 that household that the family lived off of while he was outr wl1l that mcney be taken away from them while he's incarcerated? Will they be able to maintain that money and live on it?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

If that -- if...

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

If I'm not mistaken, you're referrlng an lncome stream that was created by the -- by the now prisoner. If that's the case -- if the prisoner is in prlson, that stream would be cut off naturally, because the person's not çoing to work anymore. Any assets that are the prisoner's assets Would be susceptlble to this, but assets that are the family's or not his Wculd not.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Bowles.

Thank you, Mr. Presldent. Would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WEAVER) He indlcates he would .

Senator Lauzen, in other words, What you dre saylng is that it is possible assets that belonged the prisoner prior to *he incarceration would actually be -- could actually be subject to acquisitionz as opposed to assets that are acquired by that prisoner after the incarceration. For example, writing a book or something of Ehis nature.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen. 57  STATE OF ILLINOES 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

The answer yes. And Ehat is the existtng laW.

PRESIDING OFFICZR: (SENATOR WEAVER) Senator Molaro.

Thank you thank you: Mr. Presldent, Ladles and Gentlemen of the Senate. As our esteemed colleague fram Galesburg pointed out, this is the existing law. And even though the debate is interesting, don't Want to continue that, even though I'd love because I think the lawr as written now, is a little strenuous on prisoners. And anybcdy who 's ever had debt realizes that having debt can make you do things that you normally wouldn 't do. And you hate to have somebody pay his debt to soctety, come out of prison and wind up with more debt heaped upon him or her when he fs tryin: to live his life. But let me ask you thls -- tWo questions: Number oney existlng law, your current bill, is any of this dischargeable in bankruptcy?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

To the extent that it -- any civil award is dischargeable in bankruptcyy then this would be dischargeable in bankruptcy.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

Although occurs to me# theress a bankruptcy, the liabilities exceed the assets, so there are no net assets to be gone after. So I but my guess is that your second question Will clarify the first question.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mclaro.

58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslative Day April 25, 1995 Once again, then obvicusly in bankruptcy there are there are certain plateaus, such as your homestead and certain personal belongings and things like that. So -- so the answer would bey guess, then yes, if you're sbaking your head. This says follcw the rules of bankruptcy. One last questlon then, real quick: If it's existing law, if you could quickly - and ycu could do this in your clostng remarks so we don 't have to waste time - explain to us then the difference, if this is exlsting law, what are the main one or two points that your bill does to either enhance or make better the existlng laws? And agalnr you could answer that in his closing remarks. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Janes.

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

PRESIDING OFFICER: (SENATOR WEAVER) He lndicates he would yield.

Senator Lauzen, heard you state in your remarks that this is current law. Could you -- if it current lawr could you tell the Body how much has the State recovered under current law, or has the 1aw been enforced? Could you tell us -- what has the State recovered?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

Senator, I believe that that is the reason for the necessity of this law. I cannot answer the -- that question directly as far as hoW much has been collected. What I do know is that the procedures - not the law in place, but the procedures - to collect What's available have not been adequate to -- to collect the -- the maximum amount that the State has been entitled to. 59  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37*h Legislative Day April 25, 1995

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jones.

Senator Lauzenz you stated several times that this is curreny law. Only thing you are basically ehangin: is the average cost thak you arrive at for a fiscal year. Nou, if it is current law, then we should know or your -- on your analysis or stafr should be able to tell you whether or not there has been reimbursement to the State far lnmates who have been incarcerated. And could you give us what is the average that has been paid to the State by the average inmate that has been incarcerated?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

believe that a good example to illustrate Why this bill is necessary is the John Wayne Gacy case. Here, We had the Attorney General, who had the 1aw on the bcoksr but because the procedures were not as workable as this...

PRESIDING OFFICER: (SENATOR WEAVER) Excuse me. For what purpose does Senator Jcnes arise?

Mr. President, asked the gentleman a specific question, not about a particular individual.

PRESIDING OFFICER: (SENATOR WEAVER) think, Senator: he was trying to explain the...

Gacy -- Gacy Wa3 the Only inmate tbat has been inearcerated prisons Illinois. This bill affecEs lnmates. fo uhaE J'm asking you - not about that 0ne particular case - What has the State done to collect the money owed it by members who have been incarcerated?

PRESIDING OFFICER: (SENATOR WEAVER) 60  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Senator Lauzen.

Number one, I name off the John Wayne Gacy case because it is a perfect example of how Attorney Generals the past and the present feel that the procedures are not adequate to collect the money that is due the State. So the necessity of this legislation is to put the procedures in place so that we can acccmplish the goal that I believe that you say that we should.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jones.

Well, seeing that the sponsor is not willing to answer the question, because be easy state that you don't know. Now, we a11 know about John Wayne Gacy trying to collect money for him the profits he made off of whatever it was. And we all understand that. But this bill talks abcut a11 inmates. Persons who have not made a profit off of selling a book or writing or doing some TV coverage and getting paid. This addresses inmates who have been incarcerated in -- in -- tn prison, but you don't want to deal with that. Because -- because the law is already on the books, as you have fore stated. So what I'm saying to you, I think you should tell the Body or have your staff come up wi*h some sort of figure as relate to these inmates, because you just want to get some press off John Wayne Gacy, say want some press off of John Wayne Gacy.'' But there are thousands of inmates that are incarcerated that the current 1aw requtres them to reimburse the State for their room , their bcard, their and their meals. So if it's current lawr of a1l those Ehousands of inmatesr you can't even tell the Body whether or not they have paid or followed the law or the Department of Corrections has done its job. That's the issue that's before us# and let's not use the the infamous John Wayne Gacy to try to throw us off. Thks bkll 61  I STATE OF ILLINOES 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I . 37th Leg lslative Day April 25, 1995 E affects a1l inmates . The current law affects al1 inmates . So 1et 's be honest: witln the Body and say, ''I don 't know .'' The State maybe didn 't qo after and try to collect the dollars . Jkm I correct? PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen. SENATOR LAUZEN: Well, that is exactly what we're trying to do is, we are -- number one, kf you would like me to say that I don 't know what the amount is that has been collectedr that's no problem; I don't know how much has been collected over Whatever period that you're talking about. The current law, I understand, is in -- cr, the -- the current procedures are inadequate to collect the amount of money that is due, under the current laW. So if your objective is to go after a1l prlsoners wlth proper procedures so that We can get this job done: then you should be a Yes vote on this bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator Collinsr for the second time. SENATOR COLLINS: Senator -- question of the sponsor. One question. Wi11 this bill affect joint ownershlp of property? PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen. SENATOR COLLINS: Marital property -- joint ownership? PRESIDING OFFECER: (SENATOR WEAVER) Senator Lauzen. SENATOR LAUZEN: Only to the extent that any -- that it would be affected by any civil judgment. PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon, for a second time. I 62  STATE OF ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 37th Legtslative Day April 25, 1995

Thank ycu, Mr. President. I apologtze for rising a second time. Will the sponsor yield fcr question, real quick? Senator Lauzen, does this b111 cause the Attorney General ta go after every tnmateg or will they be able to pick and choose which inmates they declde to go after? Because if if they can pick and choose, then I have a problem with that, because they may pick certain ones and then 1et others get away. But, is it mandatory that they go afeer all inmates that may have property, or -- or ean they just choose arbitrarily which ones they want to go after?

PRESIDING OPFICER: (SENATOR WEAVER) Senator Lauzen.

I believe that the answer to your question is that it permits the Director of Department of Corrections to request that the Attorney General sue for the assets which the Director has become aware of. It would be my hope that We recover as much of this money as we possibly can.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.

Well, to that I I have a problem with ehat, too. Because think Cf Ehey6re going to go after the property, they should go after everybody 's property and not pick and choose, because they nay pick and choose a certain group of people and we wouldn 't want that. Pinally, who ts ltable in case that inmate wins an appeal and gets out, or ls proven to be innocent? You knowr I'm one of those -- I'm tcugh on crlme; but I do believe that some people - lnnocent people - get caught in the net. And since there is a bill comins up to privatize priscns, if -- if that goes into effect, who would be liable? The -- because a prlvatized prison might do it for profit. Since the prison will be run for profit, 63  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslative Day Aprtl 1995 they may gc after this property for proflt. So who would be liable? Would the State be liable?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen.

Actually I appreciate the the questicn. think that that's an important poln*. What would occur under this bill is the same thing that uould occur under *he existing b111, and if I'm not mistakeny there'd be a suit for improper incarceration and the assets or the funds that had been forfeited would probably be a part of that suit.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.

Questlon -- question of the sponsor.

PRESIDING OPFICER: (SENATOR WEAVER) He indioates he Would yield. SENATOR WELCH; Senator Lauzeny is there anything about privatizing prisons ln this bill?

PRESIDING OFFICER: (SEHATOR WEAVER) Senator Lauzen.

No, Senatmr, therg's not.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen. Did yau have a further questëon, Senator Welch? FurEher question?

I -- just like to say that I think that the argument here has pretty much been confused to make look as if we should be coddling some of these criminals. think that anybody Whc ran in the last election knows that ?ne of th9 major issues Ehat tbe 64  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day April 25, 1995 public is concerned about is the benefits or the facilities available to crlminals throughout the State of Illinois. think that this is a step in that direction. Thls isn 't the most well-drafted piece pf legislation, but I think it makes a poinE. Hopefullyr that point will be refined when it gets to the House, but think that we should vote in favor of this and 1et it get to the House and hopefully the -- the rouqh edges of this bill can be sandpapered over there. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Lauzen, to close.

Thank you, Mr. President. First of all, reaction to several of the things that have been mentioned in this debate. Number one, rehabilitation is secondary purpose of our prison system. think that the primary purpose is to keep criminals away from law-abiding citizens, and the cost of that has become tncreasingly more expensive. We need to make sure that people who are serving their time are doing tt on their dollar, rather than our dollar. think that it's repulsive, almost to sickeningy when people stand up and say, ''Look at What We're doing to criminals.'' would like to say that the people Who advance that argument should say, first, ''Look at what these criminals are dcing to our society.'' remember when I Was punished as a child that, you know -- that I dfdn'E know that that was golng to be part of the penalty, and I remember my parents saying, HWell, you should have thought about that before you conmitted the crime.l' Another conment that was made is that these folks are out dokng the crime because ehey have no assets. hope that the justification for crime is not when people don't have assets, that that the natural outgrowth. Finally, we have situations Wherey yes, John Wayne Gacy, a person like Ivan Boesky, had made literally hundreds of millions of dollars and they're on -- as a burden on the 65  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 taxpayers. think, again, *he bo*tom line on this is that criminals should serve their time on their dollar, not our dollar. I would appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 721 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who Wish? Have al1 voted who wish? Have voted who wish? Take the record. On that questionr the Ayes are only 48, the Nays are 6, and 2 voting Present. Senate Bill 721, having received the ccnstitutional majority, is declared passed. Senator Woodyard, on 728. For what purpose does Senator Dudycz arise?

Thank you, Mr. President. Just on a point of personal privilege.

PRESIDING OPFICER: (SENATOR WEAVER) State your point.

Well, for for the -- for the benefit of the Membership, We've been here we've been here almost two and a half hours. We have spent forEy-five minutes on the last bill Wtth a -- whlch came out of here with a vote of 48 to 6. We have gone through thirteen bills. We have almost two hundred bills left. PRESIDING OFFICER; (SENATOR WEAVER) Your point is well-taken. Senator Woodyard, on 7287 Out of the record. Senator Petersonr on 729. Read the bill, Mr. Secretary.

Senate Bill 729. (Secretary reads title of bill) 3rd Reading of *he bill.

PRESIDING OEFICER: (SENATOR WEAVER) SenaEor Peterson. Por whaE purpose do you arise, Senator 66  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day Aprll 25, 1995 Collins?

also had a -- rising on a pcint of personal privilege. agree that we spent a lot of time debating the billr and of course, passed out of here, but one of the problems about this kind of debate here is that people are not telling -- putting th9 facts out here so that we can know what is and what isn't true. And and we 're going to contlnue to debate on this Floor, and you're gokn: to continue to do the same thkngr because people are pressured for political reasons to do the right thlngz to :et tough on crlme. That was a bad bill when we debated Even though it passedr it still is bad.

PRESIDING OFFICER: (SENATOR WEAVER) SenaEor Colllns, gave every Member an opportunlty to ask any question that they wanted. Some two tlmes. So I think the debate was well covered. Senator Petgrson.

Thank you, Mr. Presldent and Members of the Senate. Senate Bill 729 Would, under current tax law, make clear the treatment of designated dividends of regulated investnent companies, which are known as RIC, those companies that are located in Illinois. We want to clarlfy the interpretaticn so it won't result in an unintended double taxatlon. And we would -- we would like a supportive roll call on the Senate Bill 729. Thank you.

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

Thank you, Mr. President. just wanted to Point out to our side that this passed out af committee on a -- no oppcsttion on elther side.

PRESIDINC OPFICER: (SENATOR WEAVER) Senator Welch. 67  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 1995 SENATOR WELCH; I had a questlon of the sponsor.

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Wculd yteld.

Senator, what is the flscal impact on this? Was there a fiscal note filed?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Peterson.

There is no fiscal impact.

PRESIDING OPFICER: (SENATOR WEAVER) Senator Jacobs.

Point of personal privilege, Mr. President. PRESIDING OFFICER; (SENATOR WEAVER) State your point.

My light was on earlier: but -- before this bill. Not to the bill, buk ln regards to previous comments made abaut the length of time: do have a suggestion that may help us all out. We dve used it many times in the past. Those bills that needed to be debated, I thinkr should be debated at length, regardless of What the vote may turn out, 'cause some people have feelingsr some people have questlons on issues. But we have used the Agreed Bill process in the pastr and I think thks gide of the Body is willin: to look at that in the future. So if you Want to move it alnng, why don't we try the Agreed Btll process?

PRESIDING OPFICER: (SENATOR WEAVER) Thank you. Senator Peterson: do you wish to close? The question is, shall Senate Bill 729 pass. Those in favor wil1 vcee Aye. Opposed, Nay. The votkn: is open. Have al1 voted Who wish? 68  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Have all voted who wish? Take the reccrd. On that question, the Ayes are 57, the Nays are none, 1 voting Present. Senate Bill 729, having received the constitutional majority, is declared passed. Senate Bils 731. Senator Maitland. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 731. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland . SENATOR MAITLAND: Thank you very much, Mr. PresldenE, Members of the Senate. Senate Bill 73l creates the Food and Agricultural Research Act, under which monies appropriated to the Department of Ag shall be allocated to several universities - four to be exact - to deal with the lssue of agricultural research. Illinois used to be number one in the nation in ag research, and in recent years because of severe budget restraints, we've really lost some ground at the University of Illinois and elsewhere. This is an attempt to attract money back into a: research with the hope of capturing matching dollars from the private sgctor to aid in the research. This is an lnitiative that has been put forth by a committee that has worked for nearly three years - ag alumnl and others - and they have gained support of the envlronmental community: along wtth a number of other bustness and agricultural sroups. I know of no opposition. I Would seek: Mr. President, the support of the Body. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Demuzio. SENATOR DEMUZIO : Thank you, Mr. Prgsident, Ladigg and Gentlemgn of the SênaEe. I 69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25e 1995 I Eoo want to join Senator Maitland and lndlcate that a few years ' l ago I had a btll that's currently on the books for ag research; it l I wasn't funded. This-- this partleularprogram lsa much larger 1 program. It is one that I hope that we can finally begin to put ' r sone -- some State dollars .lnto it. It's an excellent program , and I would hope that it would have your suppcrt. Thank you. PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senatcr Maitland, to close. SENATOR MAITLAND: Thank you very much, Mr. President. I -- I seek *he support of the Body. Thank you . PRESIDING OPFICER: (SENATOR WEAVER) The question is, shall Senate Bil1 73l pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wlsh? Have al1 voted who wish? Take the recard . On that questlon, the Ayes are 54, the Nays are nones 2 vating Present. Senate Bill 731, having received the constitutional majority, is declared passed. 726. Senator Madigan. Read the bill, Mr. Searetary. SECRETARY HARRT: Senate Bill 736. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER; (SENATOR WEAVER) Senator Madigan. SENATOR MADIGAN: Thank you, Mr. President: Members of the Senate. Senate Bill 736, as amendedr removes the requirement that an insurance company keep a copy of applications for a policy attached to *he policy. I And with respect to auto, firê and other lines of personal 1 I insurancef such policy or pollcy renewal shall noE be rescinded 1 70 ' è .. .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 I after the pclicy has been in effect for one year or the policy I term, whichever is less. I'd be happy to answer any questions, i i and otherwise would ask for a favorable consideration. PRESIDING OFFICER: (SENATOR WEAVER) I Is there discussion? If not, the questton isy shall Senate 1 Bill 736 pass. Those in favor Will vote Aye. Opposedr Nay . The voting is open. Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 55x the Nays are nonee l voting Present. Senate Bill 736, having received the constitutlonal majority, is declared passed. 738. Senator Madëgan. Read the bill, Mr. Secretary.

Senate Bill 738. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan. SENATOR MADIGAN; Thank you, Mr. President and Members of the Senate. Senate Bill 738 amends the Downstate Pollce and State Employees Article to allow employees under the SLEP formula to transfer credits under those Articles to the Illinois Municlpal Retirement Fund as -- as long as they are paylng the difference in contributkons, plus interest. I'd be glad to answer any questions to lt, and otherwise would ask for its approval.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question isy shall Senate Bill 738 pass. Those in favor Will vote Aye. Opposed, Nay. The voting's open. Have all voted who wisb? Have a1l voted Who wish? 1 Take the record. On Ehat quesEion, the Ayes are 56, the Nays are l I none , none voting Present. Senate Bill 738, havfng recelved the I i constttutional majority, is declared passed. Senator Butler, do I 71  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 r I I you Wish to recall 739 to the Order of 2nd Reading for the purpose f of an anendment? Senator Butler seeks leave -- take it out of the record. Senator Sieben, on 741. Read the bill, Mr. Secretary. l

Senate Bill 741. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER) (SENATOR WEAVER) Senator Sieben.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Thks btlk anends the Code of Corrections to allow the -- the courts to impose a restitution order on a convicted drug dealer ln order to recover the money that's used in a drug buy. If public money is used to purchase drugs and that's not recovered in the process of arrest, then the court would be allowed, under this legtslation - given the fact that tbe defendant has the ability to pay - to seek restitution. I know of no oppositlon to the bill, and I'd ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discusslon? If nct, the question isr shall Senate Bill 74l pass. Those in favor wikl vote Aye. Opposed, Nay. The vottng's open. Have all voted whc wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 57z the Nays are none, none voting Present. Senate Bill 741: having received the constitutional majority, ls declared passed. Sena*or Dudycz. Senator Dudycz, on 747. Out of the record . Senator Maitlandy on 749. Read the btll, Mr. Secretary. Out of the record. .. . tmicrophone cutoffl...Mahary do you Wish to recall 758 for the purpose of an amendment? Senator Mahar seeks leave of the Body to return Sgnate Bill 758 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the 1 I 72  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day April 25r 1995 Order of 2nd Readlng is 758. Mr. Secretary, are there any l amendments approved for consideration?

hmendment No. 2, offered by Senator Mahar.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar.

Thank you, Mr. President, Members. This is a clarifying amendment that was recommended by the -- unanimously by the Public Hea1th Committee, and I would move its adoption.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, a1l ln favorr signify by saying Aye. Opposed, Nay. The Ayes have it. The amendment's adopted. Any further amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Maltland, on 761. Read the blll, Mr. Secretary.

Senate Bl1l 761. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland.

Thank you very much, Mr. President, Members of the Senate. This amgnds the -- Senate BILI 761 amends the Counties Code to allow county boards of any county to pravide for an addttional charge of up tc five dollars - and it is now three dollars - for filing instruments, paper, or notice of record in the county recorder's office. Such fees will be used only to defray the cost 73 ( '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT I 37th Legislative Day April 25, 1995 ? of converting county recorders' document storage system to computers. It is -- it is -- it is permissive, Mr. President. I would seek support of the Body.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate B(ll 76l pass. Those in favor w1ll vote Aye. Opposed, Nay. The voting 's open. Have a1l voted whc wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 52, *he Nays are 1, none voting Present. Senate Dill 761: having received the constitutlonal majorityy ls declared passed. Senator Madigan, on 766. Read the bill, Mr. Secretary.

Senate Bill 766. (Secretary reads title of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Madigan.

Thank you, Mr. President. Senate Blll 766 inserts equivalency, knsofar as edueation, with regards to securing a private detective's license. And that's a1l it does. I wculd be glad to answer any questions and ask for its approval.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there -- is there discussion? The question isz shall Senate Bill 766 pass. Those in favor wl11 vote Aye. Opposedr Nay. The voting is open. Have all voted who wish? Have a11 voked who wish? Have all voted who wksh? Take the record, Mr. Secretary . On that question, there are 57 Ayes, l Nayy no Members voting Present. Senate Bill 766, having recelved the required constitutional majority, is declared passed. Senate Bill 772. Senator Philip. Senator Philip, do you wish this bill returned to the Order of 2nd Reading for the purpose of amendment? Senator 74 ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslative Day April 25, 1995 Philip seeks leave cf the Bady to return fenate Bill 772 to the Order of 2nd Readin: for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is...tmicrophone cutoffl... Wedre going to take Senate Bill 772 out of the record, with leave to come back in a feW moments. Senator Bowlesr for what purpose do you arise?

Thank you, Mr. President. rise for a polnt of personal privllege.

PRESIDING OFEICER: (SENATOR MAITLAHD) Please state your point.

We have with us the gallery the fifth graders frcm the Maryville School, Collinsville Unit 1, with thelr teacher, Miss Kerrs. And would like for them to stand and be recognized by the Senate.

PRESIDING OFFICER: (SENATOR MAITLAND) Would ouc guests the gallery please rise, they're sbill here? Welcome to Springfield. Senate Bill Senator Palmer. Senator Palmer. Senator Parkerr I'm sorry. Read the bill, Mr. Secretary.

Senate B1l1 (Secretary reads title bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Parker.

Thank you, Mr. Chairman and Ladies and Gentlemen of the Senate. Senate Bill 776 amends the Highway Code and provides for more flexibility in the use of State motcr fuel tax funds to provide for a wider variety of improvements needed to provide 75  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR GESfION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 better service to our cl*lzensr parttcularly in more urbanized areas. This bill was before us, and at that tlme only applied to Lake, Dupage, McHenry, Will and Kane County. However, people did Want to have lt provide statewide, so we have amended it for that. And the bill is permissive. I would be glad to answer any questions and urge a favorable vote.

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

Thank you, Mr. President, Ladtes and Gentlemen of the Senate. Want to Ehank Senator Parker for holding this bill ak *he last one and getting the amendment on, and I think it's noW a very good bill, and I ask for its support.

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

Thank you. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she will yieldr Senator Walsh.

Senator Parkerr just want to clarify. The board talks about the weight of vehicles. This doesn't increase truck welghts or anything on -- on State highways, does it?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Parker.

... it doesn't. That was the original vehicle bill. That does not have anything to do with that. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Further dlscussion? Further discussion? The questian shall Senate Bill 776 pass. Those in favor will vote Aye. Opposedr Nay. The voting is open. Have al1 vobed who wish? Have 76  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 a1l voted who wish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are Ayes, 1 Nay, no Members voting Present. Senate Bill 776, having received the required constitutional majority, is declared passed. Senate Bill 772. Senator Philip. Senator Philip, do you wish this bill returned to the Order of 2nd Reading for the purpose of an amendment? Senator Philip seeks leave of the Body to return Senate Bill 772 to the Order of 2nd Reading for the purpose of amendment. Hearing no objectlon, leave is granted. On the Order of 2nd Reading is Senate Bill 772. Mr. Secreeary, are there any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator Phtlip.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip .

Thank you, Mr. President, Ladies and Gentlemen of *he Senate. Senate Amendment No. becomes the bill, and just pertains to counties between seven hundred thousand and three million. That Would mean specifically Dupage County, and what does, gives the county board chairman the line item veto powers, the same as the Governor. also would include, for the first time, the Airport Authority and Mental Hea1th. Be happy to answer any questions. Move its adoption.

PRESIDING OFFICER: (SENATOR MAITLAND) Is *here discussion? Is *here discussion? Senakor philip moves to adopt Floor Amendment No . 2 to Senate Bill 772. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?

No further amendments reported, Mr. President. 77  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 I I

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading . Senate B#l1 777. Senator Barkhausen. Read the bill, Mr. Secretary.

Senate Bill 777. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Barkhausen.

Thank you, Mr. President and Members. Senate Bill 777 Would creater withln the Department of Commerce and Communlty Affairs, a center for business ownership succession and employee ownership. The bill embodies the recommendatlons made by an advisory task force on the same subject that we created two years ago. I particlpaked actfvely in the task force. We held hearlngs around the Stater and the major recommendations of the task force was that the --- that we create this center within the Department. We have found, upon -- after our own deliberations and considerable testimony, that the lack of timely plannlng for the ownership successton of businesses is a major reason that businesses fail When they 're ttansferred from one generation to the next. This seeks to provide an avenue for remedies ror those looking for sound planning in this area. I know of no opposition, and urge your support.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussicn? Senator Cullerton.

Yes. Thank you, Mr. President, Members of the Senate. I concur With Senator Barkhausen . I also served on that task forcg. In fact, I think legislation that I sponsored created it. There is a true situatlon that can be corrected in ouc State wkth regard 78 -0- - . '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslatkve Day April 25, 1995 people that typically -- who started businesses after World War IIr family businesses the family does not wish to take over. They - - they retire and the business ls closed, whenr in fact, someone else, if properly aware Lf th9 situaklon, could come in and purchase - perhaps even some employees - and keep the business going. That's What -- one the things that government can help w1th ln a -- in a very minor fashion, but an tmportant fashion. So I also urge support for the legislation.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? The question is, shall Senate Bi1l 777 pass. Those in favor will vote Aye. Opposedz Nay. The voting (s open. Have all voted Who Wish? Have a1l voted who wish? Have a11 voted who Wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes, no Naysr no Members voting Present. Senate Bill 777, having received the required constitutional majorityr is declared passed. Senate Bill 781. Senator Karpiel. Read the bill, Mr. Secretary.

Senate Bill 781. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Karpiel.

Thank you: Mr. President. Tbe amendment to the -- became the bill, and it does two thinss. First, it will allow fire protection districts to charge fees for services rendered to residents of a county, municipality or fire protection dkstrict, which has a mutual aid or assistance agreement With the district but are located outside of the fire protection district and, therefore, do not pay any taxes to the district. The second thinç does ts to lnerease tbe maximum hourly charges for these 79 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th begislative Day Aprll 25, 1995 services when provlded . The current rates have not been changed ' l in years, and this language will allow dtstrtcts to determine 1 locally exactly how mucb their services cost to provide. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is tbere discussicn? The questlon 1s: shall Senate Bill 78l pass. Those is Eavoc will vote Aye. Opposed, Nay. The voting is open. Have all voted wha wish? Have all voted who wish? Have a1l voted who wish? Take the record; Mr. Secretary . On that question, there are 58 Ayes, no Nays, no Members voting Present. Senate Bill 781, having received the required constltutional majority, is declared passed. Senate Bill 788 -- 787. Senator Severns. 7874 Senator Severns? Senate B1ll 788. Senator Karpiel. Top of page 14. Senate Bill 793. Senator Butler. Senate Bill 802. Senator Barkhausen. Senate Bill 805. Senator O 'Malley. Read the bill, Mr. -- Senator O 'Malley, you wish this blll returned to the Order of 2nd Readlng for the purpose of amendment? Senator O'Malley seeks leave of the Body to return Senate 3ill 805 to the Order of 2nd Reading for *he purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 805. Mr. Secretary, are Ehere any Floor amendments approved for conslderation? SECRETARY HARRY: Amendment No . 1, offered by Senator O 'Ma11ey. PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley. SENATOR O'MALLEY: Thank you, Mr. President, Members of the Senate . The Amendnen: No. 1 -- Flcor Amendment No. 1 to Senate Btll 805 changes the number of hours from fewer Ehan ten to then fewer than eight hours as provided for in -- in the prkncipal legislaticn. PRESIDING OFFICER: (SENATOR MAITLAND) Ts there diseussion? Is there discussion? Senator Bokles, I 80  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25y 1995 ; I 1 I you're not on thts subject right now. Right? Okay. All right. Is there discussion? Senator O'Malley moves the adoptton of Floor Amendment No. 1 to Senate Bl1l 805. Those in favor, vote Aye. Opposed, Nay. The Ayes have it, and the amendment adopted. Any further Ploor amendments approved for considerationy Mr. Secretary?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senator Bowles, for what purpose do you arise?

Thank you, Mr. Presldent. I apologtze for rising ehe second time, but we have the other half of the fifth-grade class from Maryville Schocl fn Collinsvllles and I Would like to have them rise and have the Senate acknowledge...

PRESIDING OFFICER: (SENATOR MAITLAND) Wculd the elass please rise and be recognized. Welcome to Sprlngfield. Nice to have you. Senate Bill 812. Senator Bowles. Senate Bill 820. Senator O'Ma11ey . Senate 8i1l 820. Read the bill, Mr. Secretary.

Senate Bill 820. (Secretary reads title of bill) 3rd Readln: of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Mal1ey.

Thank you, Mr. Presldent, Members of the Senate. Senate Bill 820 amends the Sanitary District Act of 1936. Provides that sanitary distrtcts organized under this Act may collect uniform and reasonable charges for permiEs and lnspection fees. The bikl attempts Eo still allow sanitary districts to distinguish between 81  i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 37th Legislative Day April 25, 1995 parcels for such things as number of connections and to adjust rates accordingly, but would prohiblt a district from arbitrarily differentiatlng between two parcels khat are otherwise very simllar. He happy to answer any questions ehere may be. . PRESIDING OFFICER: (SENATOR MAITZAND) Is there discussion? Is there discussion? The question is, shall Senate Bill 820 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have all voted who wlsh? Have al1 voted who wish? Have a1l voted who Wish? Take the Eecord, Mr. Secretary. On that question, there are 56 Ayes, no Nays, no Members voting Present. Senate Bill 820, having received the required constitutional majortty, is declared passed. Senate Bill 621. Senator Syverson. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 821. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson. SENATOR SYVERSON: Thank you, Mr. President. Senate 3i1l 82l amends the intergovernmental agreement <sic>, which just allows intergovernmental açreemen: between municipalities on disputed areas. It comes from an area ln Winnebaço County where there is fast growth, and a couple municipalities have agreed to keep the area unincorporated, but share in the revenues generated from the growth in tha: area. Again, this is only for taxing distrlcts that b0th agree in principle for thatr and I'd be happy to answer any questions. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussioa? The question is, shall Senate Bill 821 pass. Those in favor will vote Aye. I 1 82  STATE OF ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day April 25, 1995 i l opposed, Nay. The voting is open. Have al1 voted who wisha Have I all voted uho Nish? Have all voted Who Wish? Take the record? I Mr. Secretary. On that queskion, there are 58 Ayes, no Nays: no Membqrs voting Present. Senate Bill 821, having received the required conskitutional majority, is deelared passed. Senate Bill 823. Senator Mahar. Senate Bill 824. Senator Mahar. Senate Bill 825. Senator Philip. Senator Philip, on Senate Bi11 825. Senator -- Senator Philip , on 825? Senate Sl11 826. Senator Philtp. Read the bill, Mr. Secretary.

Senate Bill 826. . (Secretary reads title of bill) 3rd Readknç of the blll.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip.

Yeah. Thank you: Mr. Presidenty Ladfes and Gentlemen cf the Senate. The explanatton on 826 is very clear. It's a -- it is qulte frankly a vehicle for the RTA . If we Would get scmething going on sometime later in the Session, We'd probably use it. We may not use it at all. Who knows? So let's pass it over to the House and see what we can work out.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Smith, is your light on for this bill? If not, just... SENATOR SMITH; I was just asklng lf you would please vote ne for 821. I Was talking ak the time. Senator O'Malley's <s1c> bill. Please . Thank you.

PRESIDING OFPICER: (SENATOR MAITLAND) All right. The record wkll -- will -- Nill note your comment, Senator smith. Senator Hawkinsan. Oh, all right. The question 83 I STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 is, shall Senate Bill 826 pass. Those ln favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted uho wlsh? Have a11 voted who wish? Have all voted who wish? Take the record , Mr. Secretary. On that quesEion, there are 44 Ayes, 5 Nays, 4 Members votlng Present. Senate Bill 826, having received the required constltutional majority, is declared passed. senate :ill 829. Senatar O 'Malley. Read the -- Senator Dudycz, for whaE purpose do you arise, sir? SENATOR DUDXCZ: Thank you, Mr. President. On a point of personal privilege. PRCSIDING OPFICER: (SENATOR MAITLAND) State your polntr sir. SENATOR DUDYCZ: We have a local -- a guest hgre from Cook County has joined usr and I'd like the Senate to join me in welcoming the Clerk of the Circuit Court of Cook County, Aurelia Pucinski. PRESIDING OFFICER: (SENATOR MAITLAND) Will our guesk ln the galkery please rise. Thank you. Welcome to Sprtngfield . Senate Bill 830. Senator Geo-Maris. Senator Geo-:aris, do you wish this bill returned to the Order of 2nd Readins for the purpose Lf amendment? Senator Geo-Karis seeks leave of *he Body to return Senate Bill 830 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 830. Mr. Secretary, are there any Floor amendments approved for consideration? SECRETARY HARRX: Amendnent No . 1, offered by Senator Geo-Karis. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, 84 I STATE OF ILLINOIS 89TH GENERAL ASSLMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legtslatkve Day Aprkl 25, 1995 Amendmen: No. l re-creates provisions that were inadverEenkly left I I out of the bill last year. It speclfies that at any opên meekln: I for which proper notice has been gfven, a public body may hold a elosed meetinç without providing additional ncticef and it requires that an asenda for each regular meeting be posted at the principal office of the publtc body and at the location where the meeting is to be held . And current 1aW states that a public body may close a portion of the meeting upon a majorlty vote of a quorum present taken at an open meeting for which proper notice had been given, and -- and wbat this bill says, allows a body to have an executlve session to discuss posstbilities of obtalning property and so fcrth. I ask for a favorable vote. PRESIDENG OFFICER: (SENATOR MAITLAND) Is there discussion? Senatar Geo-Raris moves the adoption of Floor Amendment No. 1 to Senate Bill 830. Those in favor: say Aye. Opposed, Nay. The Ayes have itr and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary? SECRETARY HARRY: No further amendments reported, Mr. President. I PRESIDINGOFFICER: (SENATORMAITLAND) 1 I 3rd Reading. Senate Bill832. SenatorO'Ma1ley. Readthe bill, Mr. Secretary. 1 l SECRETARY HARRX: senate Bill 832. . J (Secretaryreadstitleofbill) 1 I 3rdReadingorthebill. 1 PRESIDING OFFICER: (SENATOR MAITLAND) I I Senator O 'Malley. l 1 SE I NATOR O'MALLEY: I I Thank you, Mr. President. Senate Bill 832 gives *he Chicago I I School Superlntendent the power to place nonperforming schools on I 85  I ! STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I ! 37th Legislative Day Aprtl 25, :995 remediation or probation; abolishes the current authority for subdlstrlct councils to do the same. This bill removes the subdistrict council from the remediation and probatton process. Their remaining role is to be informed of any actions taken by the general superintendent or the subdlstrict superintendent. The general superintendent is authorlzed to place nonperforming schools on remediation and develop remedlatlon plans for all -- al1 such schools. A subdistrict superintendent may initiate the ' remediation process but must get approval from the general superintendent, and only the general superintendent may develop the remediation plan. The general superintendent alone may place the school on prabation. Punitive actlon followlng at least a year cf probation still rests solely with the Board. Be happy to answer any questions there may be. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Senator Palmer. SENATOR PALMER: Thank you, Mr. President. A question of the sponsor. PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Palmer. SENATOR PALMER: Senator O'Malley, why is thls exclusively for the Chicago schoolsz rather than for a11 potentially nonperforming schools in Illinois? PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley. SENATOR O'MALLEY: Senator Palmer, this is an initiative frcm the Chicago Board of Educationy so it was drafted for that reason. PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discusston? Furkher discussion? The question is, shall Senate Bill 832 pass. Those in favor Will vote 86  STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 37th Legislattve Day April 25, 1995 i I I Aye. Opposed, Nay. The voting is open. Have all voted Who wtsh? 1 Have a1l voted who wlsh? Have a11 voted who wish? Take the record, Mr. Secretary, On that questions there are 54 Ayes, no Nays, 4 Members votlng Present. Senate Bill 832, havlnq received the required constitutional majority, is declared passed. Senate Bill 833. Senator Farley. Read the bill, Mr. Secretary.

Senate Bill 833. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER; (SENATOR MAITLAND) Senator Farley.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 833 was amended, and that amendmeat becomes the bill and that provides that if an appeal in any proceeding under the Adoption Act is not completed Within one year after the original petition for adoption was filed r the circuit or appellate court, 'as appropriate, must report the name and docket number of the case, *he current status of the case, and the court's justification for Ehe fatlure to complete the appeal Within one year to the Supreme Court. The amendment language, which is now the blll, as I said, was suggested to resolve the separatton of powers, powers concerned vâeh the b1l1 as it Originally read . I Worked Nith the Chairman of the Judictary Committee and his staff to Work on this language, and I would hope, Mr. President and Ladles and Gentlemen, that we pass the bill. The bill's purpose is to quicken the pace of adoption appeals in order to limit the time period in whicb the custody of adopted child is uncertain. We 're all famlliar with the -- Baby Richard's case, and I would hope this would be legislative intent to quicken tha: procedure, and I would move, Mr. President, a favorable roll call. f 87  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

PRESIDING OFFICER: (SENATOR MAITLAND) Ts there dlscussion? Ts there dtscussion? The question shall Senate Bill 833 pass. Those in favor will vote Aye. Opposed: Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have voted who wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. Senate Bill 833, havins received the requlred constltutional majorityl is declared passed. Senate B111 838. Senatar Haukinson. Read the billy Mr. Secretary.

Senate B11l 838. (Secretary reads title of b111) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hawkinson.

Thank yau, Mr. President. This bill provides that if an adult murders a chlld under twelve years of age and does not receive a sentence of the death penalty: that the sentence shall be natural life prison. Be happy to answer any questlons. Otherwtse ask for a favorable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is: shall Senate Bill 838 pass. Those in favor Will vote Aye. Opposed' Nay. The voting is open. Have all voted who wish? Have a1l voted who Wish? Have all voted who wish? Take the recordy Mr. Secretary. On that question, there are 55 Aye, no Nays, no Members voting Present. Senate Bill 838, havlng received the required constitutional majority, is declared passed. Senate Bill 843. Senator Cronin. Senator Crontn on the Floor? Senate Bill 847. senator Smith. Read the bill, Mr. Secretary.

88  STATE OF ILLINOIS *9TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Senate Bkll 847 . (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator 5m1th.

Thank you, Mr. Presîdent, Ladies and Gentlemen of the Senate. Senate Bill 847, amendedy deletes the original bill, but since the public had very limited input in the crafting of Senate Bill l0, the purpose of Senate Bill 847, per this amendment, is to make sure tha: the taxpayers, other concerned citizens and AFDC recipients have some input in the development or replacement programs for AFDC. This amendment is a way to empower the people to assist themselves in making themselves self-sufficient and independent. I ask for a favcrable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there dlscusslon? Is there discusslon? The question is, shall Senate Bill 847 pass. Those (n favor Will vote Aye. Opposed, Xay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have al1 voted who Wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes: no Nays, no Menbers voting Present. Senate Bill 847, having received the required constitutional majority, is declared passed. Senate Bill 854. Senator Molaro. Senate Bill 868. Senator Hawkinson. Read -- read the billr Mr. Secretary.

Senate Bill 868. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hawkinsan.

89  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 37th Legtslative Day April 25, 1995 Thank you, Mr. President. This is an initiative of *he Illinols State Bar Assoctation and the Clerk of the Fourth Appellate Dlstrict Court. It is a cleanup of *he administrative review process. I won't get into too much dgtail, pther than to indicate that when there fs an administrative review hearing and then the matter is taken to court, varlous parties have to be named as parties ta the court proceeding. Right now, that is all persons named in the administrative fënal order. This provision, or the Bar Association initiative, provides that you wi1l have to name a1l persons who are parties of record in the admintstrative proceedings. I'd be happy to answer any questions. I know of no oppositlon and would ask for a favorable vote on Senate Bill 868. PRESIDING CFPICER: (SENATOR MAITLAND) Is there discussion? Is there discusslon? The question is, shall Senate Bill 868 pass. Those in favor wl1l vote Aye. Opposed: Nay. The votlng is open. Have a1l voted uho Wish? Have all voted Who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayesr no Nays, no Members votln: Present. Senate Bill 868, having received the required constitutional majorlty, is declared passed. Ladies and Gentlemen, top of page 15. Senate Bill 891. Senator Petka. Senator PeEka. Read the bill, Mr. Secretary. SECRETARY HARRY: SenaEe Bill 891. (Secretary reads title of b11l) 3rd Readin: of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka. SENATOR PETKA) Thank you vety much, Mra President, Members cf the Senate. Senate B(l1 89l is a -- a refinement of current case laW . What this proposal does, Which is -- whlch comes from the Cook County 90  STATE OF ILLINOIS 8VTH GENERAL ASSEMBLY REGPLAR SESSION SENATE TRANSCRIPT 37th Legislative Day Aprtl 25, 1995 State's Attorney's Office, is to show a clear legislative inbgnt that when multiple controlled substances are found upon a defendant, that there is an intent that a person can be prosecuted for multiple possession of -- of those controlled substances. don'k know of any opposition to this, and I would urge a favorable roll call.

PRESIDING OFPICER: (SENATOR MAITLAND) Ts there discusslon? Is there discussion? The question is, shall Senate 89l pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Rave all voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record, Madam Secrebary. On that question, there are 58 Ayes, no Nays, no Members voting Present. Senate Bill 891, having received the required constltutional majority/ is declared passed. Senate Bill 893. Senator Hawkinson. Read the bill: Madam Secretary.

Senate Bill 893. (Seeretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hawkinson.

Thank you, Mr. President. The next three bills, sponsored by myself and and the Minority Spokesman on the Judiciary Comrittee, Senator Tom Dunn, are the initlatiMes this year of the Illinois Probation and Court Services Association. Senate Bill 893 provides that fn the informal supervision by a probation officer of a juvenile, which comes before, or hopefully in place of, the adjudication of the juvenile as a ward, right now there can be that time informal supervision of s(x months. This would extgnd the allowable tnformal supervision by a probation officer to twelve months. Be happy to try and answer any 91  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th LegfslaElve Day April 25, 1995 questions. O*herwise, ask for a favcrable vcke on Senate Bill 893.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question ts, shall Senate Bill 893 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have all voted who wish? Have all voted Who wish? Take the record, Madam Secretary. On that question, there are 58 Ayes, no Naysr no Members voting Present. Senate 3ill 893, having received ehe requlred constitutlonal majority, is declared passed. Senate Bill 895. Senator Hawkinson. Read the bill, Madam Secretary.

Senaee Bill 895. (Secretary reads title of bill) 3rd Reading the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hawkinson.

Thank your Mr. Presfdent. This ls the second Lf those three bills by the Probation and Court Services Association. This bill amends the Juvenile Court Act to require that a minor being supervised by the probation department pay a twenty-five-dollar-a-month fee or a lower fee to be set by the court. A parent, guardian or legal custodian may be ordered to pay some or al1 of the fee. It would not apply to those perscns Who are wards of the State. I Would be happy to try and answer any questions. Otherwise, ask for a favorable vote on Senate Bill 895, as amended.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discusslon? The question is, shall Senate Bill 895 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have 92  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37*h Legislative Day April 25, 1995 a11 voted Who wish? Have all voted who Wish? Take the record: Madan SecreEary . On that question, there are 57 Ayes, no Nays, no Members voting Present. Senate Bill 895, having received the required constitutional majority, is declared passed. Senate Bill 896. Senator Hawkinsona Read the bill/ Madam Secretary. END OF TAPE TAPE

... tmachine cutoff)...896. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MATTLAND) Senator Hawklnson.

Thank you, Mr. President. This is the third and flnal bill on the presene Calendar from the Probation and Court Services Association. It would amend the Code of Corrections to allow a cour: kmpose an order of -- that lmposes an order of restitution to extend the payment pericd bgyond the current five-year limit if it ln the best interest the victim . This bill passed the House last year, bu* dldn't get over here in time to meet our rules. Againr I'd be happy to try and ansWer questions, otherwise ask for a favorable vote on Senate Bill 896.

PRESIDENG OFFICER: (SENATOR MATTLAND) Is there discussion? Is Ehere discussion? The question shall Senate Bill 896 pass. Those in favor Wi1l vote Aye . Opposed, Nay. The voting is open. Have a1l voted Who Wish? Have 93  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslative Day April 25, 1995 all voted who Wish? Have a1l voked who wish? Take the record.f Madam Secretary. On that question, there are 57 Ayes, no Nays, no Members vottng Present. Senate Bill 896, havins received the requlred constitutional majority, is . declared passed. Senabe B111 931. Senator Klemm. Read the bill, Madam Secretary.

Senate Bill 931. (Secretary reads title of bikl) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 931, as amendedr helps to avoid the misuse cf the judicial disconnectlon process as a jurtsdictlon shopping tool for high-density zoning . The -- a numbec cf municipalities and the City of Chicago included, have problems with jurisdictional shopping cf people disannexing from a municipality to get a better deal at a municipality next door. There are eight different reasons to dfsconnect. Two of them were changed by the courts. There are still six that are current 1aN. That 1aw has not been changed, and al1 we're doing having a measure that will stabllize the manicipal borders by preventins the connection into another munictpality for a period of five years. do ask for your support.

PRESIDING OFPTCER: (SENATOR MAITLAND) Is there discussion? Is there discussian? The questicn shall fenaEe Bill 93l pass. Thosg favor Will vote Aye. Opposedy Nay. The voting is open. Have all voEed who wish? Have al1 voted who wish? Have all voted who Wish? Take Ehe record. On that question, there ar9 41 Ayes, 12 Nays: l Member votin: Present. Senate Bilk having received the required  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 constitutional majority, is declared passed. Senate Bill 934. Senator Barkhausen. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER) I I senate Bil1 934. . l I .. I (Secretary reads title of bill) 1 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.

Thank you, Mr. President and Members. Senate Bill 934 is a reeommendation that comes to me from constituents who are attorneys representing -- primarily representing disabled persons. They believe thaE the Trust and Trustees Act provisions dealing with trusts for disabled beneficiartes, which the General Assembly enacted a few years ago, ought Eo be amended to make it clear Ehat the provisions dealinq with disabled benefieiaries having trusts set up for tkem Witb Eheir own funds are consistent with federal law. Pederal law in this area was substantially amended and clarified ln the 1993 OBRA legislation, as it's referred to, and this makes it clear that insofar as a trust of this kind , Whicb meets the requirements of OBRA -- that insofar as it meets the requirements of OBRA, that it would satisfy Illinois law as well. Neither the Department cf Public Aid nor the Department of Mental Hea1th and Developmental Dtsabilities has any objection to this, and it would help out a number of individuals with dlsabllities seeking to have trusts established for them of this kind. I'd be glad to try to answer your questions.

PRESIDING OFPICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is, 1 shall Senate Bill 934 pass. Those in favor will vote Aye. I I Opposedr Nay. The votin: is open. Have al1 voKed who wish? Have I I I all voted Who Wish? Have a11 voted who wish? Take the record, j 95 ' ' j l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESEION SENATE TRANSCRIPT I 37th Legislatlve Day April 25, 1995 Madam Secretary. On that questlon: there are 57 Ayes: no Nays, l Member votfng Present. Senate Bill 934, having received the required constitutional majority, is declared passed. Senate Bi11 942. Senator Steben. Senatpr fieben on the Floar? Senate Bill 947. Senator Dudycz? Senate Bill 949. Senator Klemm. Read the billr Madan Secretary. ACTING SECRETARY HAWKER: Senate Bill 949. (Secretary reads title of btl1) 3rd Reading of the bill. PRESIDING OFFTCER: (SENATOR MAITLAND) Senator Klemm. SENATOR KLEMM: Senate Bi11 -- thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 949 adds two separate changes to the provision of incorporation of two new municipalikies. It's a very narrow flling date. By January 1st, 1996 ls the date the petitlons must be filed. And I know of no opposition and I ask for your support. PRESIDING OPPICER: (SENATOR MAITLAND) Is there discusslon? Is there discussion? The question 1s, shall Senate Bill 949 pass. Those in favor will vote Aye. Opposed, Nay. The votlng is apen. Have all voted Who wish? Have a1l voted who wish? Have a11 voted who wish? Take Ehe record, Madam Secretary. On that questionr there are 56 Ayes, no Nays, no Members votin: Present. Senate Bill 949, having receàved the required constttutional majorkty, is declared passed. Senate Bil1 951. Senator Klemm. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: çenate Bill 951. (Secretary reads title of bl11) 3rd Readinq of the bill. I j 96 y  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislativg Day April 25, 1995

PRESIDING OPFICER: (SENATOR MAITLAND) Sena*or Klemm . SENATOR KLEMMJ Thank yau, Mr. president, Ladies and Gentlemen of the Senate. This bill adds new language to lkmit expenditures frln political campal:n funds. Let me give you some items of what the committee has come up wlth. It prohiblts a politlcal comnittee from -- for any candldate for State, localy education or other office from making expendleures for the following: expenditures in violation of any law of the D.S. or the State; iEems that are elearly in exeess of fair market value; repayment cf -- of loans other than for the campatgn; payment for items or services tha: benefits the candidate; clothing, laundry expensesy except clothing that is used by the candidate exclusively for campaiçn-related events; for travel expenses outside the State; for membership ln clubs or organizationss however they can be used to rent those facilities if needed for a campaign-related event; payment for any itemr service or expenditures of whlch the indëvidual has been reimbursed before; purchase of an automobiler rather than you can lease an automoblle for the use of the campaign; purchase or lease of equipment that's owned by *he candidate; or salartes and compensation over three tbousand dollars per month when youlre not campaigning. And 1'11 answer any questions you may have.

FRESIDING OFPICER: (SENATOR MAITLAND) Is there discussion? Senator Jacobs.

Yes. Thank you, Mr. President, Ladles and Gentlemen of the Senate. This is a -- a bîll that I know that -- another one oc these thaE we do so often that the media gets very happy with, and I know that many of -- of the media edltorials will say, ''This is what the voters said we wanted to have done on November 8th.'6 think wbat the people of the State of Illinois told us on November 97  STATE OF ILLINOIS 89TH GENERAL AESEMBLY REGULAR SESSION ! SENATE TRANSCRIPT ! l 37th LegislativeDay April 25' 1995 8*h was to worry about how we take care of the funds entrusted to us that are their funds, and the funds that welre talking about in political campaign funds are not public funds. They are private Cunds. What ycu 're trying to do herez Senator, in many regpectsy has merit. I think the problem we have is the bill goes too far. In fact, as I read khe bill and *hen looklnq at the federal bill, your blll even goes further than what the federal btll does. It's my sug:estion that if you want to take care of some of the ills that are currently available or are eurrently happenlng with our current ethics legislation on hoW ve spend polftical canpaign fundsr we do that. I think this bill goes way beyond that. Let me qive you one example. I wasn 't aware you were gcing to call this bill today, and I had a number or -- of questions already drafted. 1'11 try to do them -- some of them by memory. But as an tventy-four hours a day: twelve months a year. So, eould you give me your definition of what a campaign season is? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Rlemm . SENATOR MLEMM : If youfre a designated candidate in a primary or general election and you have to determine when you decide to run for office. You make the announcement. You are the one who determlnes when you 're running. PRZSIDING OFFICER) (SENATOR MAITLAND) Senator Jacobs. SENATOR JACOBS) Sor okay then: Ehen we have to determine when we go from campaign mode to governmental node, under your legislation; Is that correct? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm . SENATOR KLEMM : : 98 .y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day Aprll 25z 1995 I'm not quite sure I follow . To dekermine when you gc from one to the other? A1l you have to do is determine when ycu're a candidate. That's all. The rest of it is what you are, if you lre elected offickal.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs. SENATOR JACO3S: That's correct; however, the problem we have With thatr Senatorr ls at one time you're under certain provisions -- under your bill, you're under certain provlsions of the Act Nhich says you are a campaign mode; the other time you have ethics that qualify for *he governmental role. And what ycu're, in effectr saying ls -- you know, even fn the federal government: as an example, when it comes autonobile usage, they have what they term an ad <slc> minimis, whlch means that if you use a vehicle mininallyy you don't have to relmburse; you don't have to go through a1l the paperwork. Under your provtso -- under youc provtso, we would have to -- even if we used it to go to the corner gas station and lt wasn't truly needed to get gas, we may have to reimburse our campaign fund that amount. Is that correct?

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Klemm.

No . It says that purchase or lease of a motor vehicle is prohlbfted unless primary use is for governmental or political purpcses. Now, you can use it occasionally for other thin:s, but if the primary purpose is for governmental or political use, you can still continue to do it. But if you wish to get buy or lease a car for your Wife out of campaign funds and just give her that perk from the contributions, that Would not be allowed.

PREGIDING OFFICER: (SENATOR MAITLAND) 99  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Senator -- Senator Klemm, just a moment. Senator Collins: for what purpose do you arise?

Point of personal privilege.

PRESIDING OFFICER: (SENATOR MAITLAND) State your point.

Today we have visiting with us the Irvin: Schocl from Maywood, Illinots. The seventh- and eighth-grade class. They are in the gallery' and I would just like for them to rise and be recognized by the Senate.

PRESIDING OFFICER: (SENATOR MAITLAND) Wilk our guests in the gallery please rlse. Welcome bo Springfield. Senator Klemm , apologize. Senator Klenm , had you finished, sir?

Yes.

PRESIDING OFFICER: (SENATOR MAITLAND) A1l rtght. Senator Jacobs?

Well, -- I don't know if we really got an answer on that -- that last one. You indicated that -- that the intent one thing: and I understand what the intent is, but that isn 't what the language says. And the language says that if your the candidate; you, the governmental employee; you, the -- the persmn in the duties of thelr government, use that at for what could be someone else may consErue or the Board of Elections may construe to be personal use, at Ehat point in time then we fre gcing to have to reimburse that vehicle, even if it be fifty-eight cents.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm. l00  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

Well, youdre interpreting incorrectly. On page you notice that we say you -- you can use your campaign conmittee monies to further a candidates nomination or electlon to office or for expenses incurred in the performance of governmental duttes. think we've opened up everything youlve been able to do in the past. We have delineated some of the things you cannot do, some of the abuses. What you 're referring to the automobile, as you explained lt to ne, would be permisslble.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Dunn. Senator Jacobs. I'm Sorry.

Of course it would be permissible, but it's also reimbursable and we're going to have to keep track of that. Webre going to have to ensure that we tell the Board of Elections for everythtng. As indicated, the federal government even puts in their which, to me, is less onerous than this bill an ad <sic> minimus, which says that in effect, that if you use a car minlmally, even though it be a campaign car and you happen to jump in it to -- to go to the hcspital for -- on a quick deal and you dldn't even realize tt you jump and do it you're goîng have to reimburse that campalgn fund for that, and I think that's a 1ot of effort for for really nothing. But without belabortng that issue, also we 're throwing al1 of these decisions, on whether or noL there may or may not be a violatlon, on the State Board of Elections. Now, the SEate Board of Elections has not had a very goad track record on anything they've done, but yet, we're going Eo give the State Board of Elections the authority in order to be able to police this actlon. And I stand here to tell you don't even know where they stand it and really don't care nuch, but yet, at the same time, I I maintain that they dcn't have 101  n STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslative Day April 25, 1995 the personnel available to do this, and golng to be a tremendcus cost of taxpayer mcney to regulate scmething that is no* taxpayers' money. think the lssue here is, we have enough prcblens trying to take care of the taxpayers' money Without worrylng about our money or campaign funds that are given to us by contrtbutors who tell us nine out of ten times, ''Here, this for your campaign use it.'' And much of that fund is interspersed with What we do even governmentally.

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

Thank you, Mr. Fresident. Question of the sponsor, lf he'll yield.

PRESIDING OPFICER: (SENATOR MAITLAND) Indicates he will yieldr Senator Dunn.

Senator Klemm, do I understand, under this bill, that We Would be permitted to collect three thousand dcllars a month in salary we were unemployed?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm .

You -- you could receive three hundred dollars -- cr, three thousand dallars salary per month lf you have no other inccme, yes.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dunn.

Why work tf you can get thtrty-six thousand dollars for doing nothing, Genator Klemm?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm . l02  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative 3ay April 25, 1995

Welly right ncw you can take a hundred thousand dollars out couldn't you? And we're trying to limit it scmehow. We're trying to make it reasonable, because people have said there are instances where people have given up their jobs or have to take a leave of absence to campaignz and that would be appropriate. So We tried to do a certain amcunt oë limited amount that people felt was reasonable during that campaign period . So this does restrict what you could have dcne under current 1aW.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Dunn.

Senator Klemm, you're then saying that it's okay to collect thirty-six thousand dollars a yearr but we're going to Watch the ckothes you buy and make sure that you only wear them during a campaign? Does it also say that? PRESIDING OFFICER) (SENATOR MAITLAND) Senator Klemm.

Well, I think the whole thing says not only that, but probably says that you should only use the expenses that people give you for the purpose that they gave it to you for, not for personal gain, not to make a profit, not to get a Whole Nardrobe and try to rationalize sayingy ''Wekl, that's what my voters wanted me to do.'' dcn't think so. What we trled to do is allow you to do everything you probably can do now, and I Ehink the previous Senator was has mlsinterpreted What this blll does say. Buty yes, you can't buy a whole new wardrobe just Willy-nilly because you think it's good for you . That's all.

PRCSIDING OFFICER: (SENATOR MAITLAND) Senator Dunn. SENATOR T. DUNNJ l03  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Senatar, is it also Erue , under your bill/ that the the State Board of Elections Would have the right to revtew the personal financial records of -- of candidates?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

If the Board of Elections do -- does receive a complaint that you 've violated some of these provistons, tbey would have the authoriky to look into it, yes.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dunn.

Senator Klemm, how does that square with Fifth Amendment rights? PRESIDING OFFICER; (SENATOR XATTLAND) Senator xlemm .

Could he repeat the question, please?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dunn.

How -- how does -- how does the right -- and there be complaints based on the -- the politlcal climate that's existed in the last three or four elections that I've partaken in. HoW does the right of the State Board of Electtons to investigate personal financial records square Nith the Fifth Amendment right?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

Well, I don't believe the State 3oard of Elections is going to go lnko and look into your investiqation of your income tax return. I think most of your -- your problems here are -- are the 104  I 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION 1 SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 twelve that are enumerated that certalnly is pretky easy to -- to verlfy, lt would seem to me . 1 don't have a problem with them locking into a complaint that I'm using my money inappropriately. I don 't think you should either. . PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dunn. SENATOR T . DUNN: Senator Klemm , assuming that the State Board found you were in violation of their ruley are they under an obligation to turn that informatlon over to the Internal Revenue Service? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm. SENATOR KLEMM : No, Ehey are not. PRESIDING OPFICER: (SENATOR MAITLAND) Further discussion? Senator Bowles. SENATOR BOWLES: Thank you, Mr. Chairman. This is nct so much as a question, as a comment. Would Senator Klemm yield, please? PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he w111 yield, Senator Bowles . SENATOR BOWLES: As I understand it -- and I -- I had a communlcation and I'm satisfied that other Members of the Senate had the same communicatlon from Executive Director Ron Mlchaels on -- excuse me, as to the fiscal impact that the complaint hearings would have on the budget of the State Board of Elections. And of course, We understand that it would be determined by the number of complaints thaE were filedr naturallyv but that it definitely would have an impact. PRESIDING OFFICER: (SENATOR MAITLAND) Was that a question, Senator Bowles? I ! 105 - ' j  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37*h Leglslative Day April 25y 1995 SENATOR BOWLES: I It was more in the form of -- of a commentr and I -- I i WonderedWhetherSenatorKlemmhadreceivedthatinformation. 1 I PRESIDING OFFICER: (SENATOR MAITLAND) . Okay. Further discussion? Further discussion? Senator Berman.

Thank -- thank you, Mr. President. Ladies and Gentlemen of the Senate. I just (nvite you to think for a moment as to what We are being asked to do here. It -- politiclansr as a group, have a terrible reputation, and what we are doing here is adding additional opportunities to ruln that reputation even more sor I because I will give you a hypothetical: The persan Who is j I antlcipating running against you, or his cousin or her cousin, j willfileacomplaintWiththeBoard of Electton commissioners, 1 I under this blll, whether there 's any purpose to the complaint or not. It will make the local paper: and you have -- you - everybody on this Floor - Will have the job of refutinq that complaint. This is a great - a great - boon fcr nonelected officials to knock incumbents out. I don't care What you do, I don't care what you 've done or not done, a pobenkial oppcnent is going to file a complafnt just to get you on the defensive. And if you come from a distrtct that youdre not wcrried about, a -- if you're a Republican, you don't worry about a Democrat, or a Democrat not worrying about a Republican, 1et me just tell ycu that the Republican Chairman -- or the Chairman of the Republican S D tate Committee could fileacomplaintagainsteveryoneofthe 1 I emocrats, and the Chairman of the Democraeic State Committee j I could file a complaint against every one of the Republlcans just j I so - just so - you've got to start explaining what you do wkth tbe I money that people have given to you because they ltke what you 1re ! I I doing, they like the way you represent them. And no one - no one I l06  STATE OF ILLINOIS 89TH GENERAL ASEEMBLY NEGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25: 1995 I - has queseioned you, until now; we're qoing to give them a forum f I - a forum - to question us. Come on. Why do we want to do this? We're silly. There's enough of a test at the election time, at the ballot box. We are put through challenges that nobody else every does. We run for office and they turn us inside out, as they should, but let's not be stupid and invlte State money to be spent to -- to give us a greater negative image than the one that we already bear. I urge a No vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? senator Hendon.

Thank you, Mr. Chairman. Will the sponsor yield for question?

PRESIDING OFFICER: (GENATOR MAITLAND) Indicates he will yield , Senator Hendon.

Senator Rlemm, I'm reading here and I Want ho jusE make sure the analysis is eorrect. 0n point number two: it -- it says that Eurther, to detgrmine if Ebere ls a violation -- and, Mr. Chairman, I can hardly hear myself. I know no one else -- maybe -- maybe people don't care? but this is very important, especially to those of you who are in business or have a business, in addition to serving here in the Senate, because it says further to determlne if there is a violation - not once they find that you are in violation, but just to determine if there ls a violation - the State Board af Ekections would be empowered to review your personal records - your personal records, Ladies and Gentlemen of the Senate - to determine if you're in violatton. NoW my question is, ls thls an accuratg analysis here, or -- or are they in error? I PRESIDING OFFICER: (SENATOR MAITLAND) i genaEor Elemm. I I SENATOR KLEMM: 1 I'm sorry. I don't have yout analysis. I don't know what l07  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 PGint number tWo you're talking about, Senator. If you'd hand me i ! one of your copies, 1'11 try to respond.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.

Thank you, Mr. Presldent. Well let me ask you then: In your billr does the State Board of ElecEions have the rlghk to lock into your personal records to find out if you're in violation of anything? Sor you could be perfectly innocent - perfectly innocent - but yet, would you have to turn over your income tax returns, would you have to turn over records of your businesses, would you have to turn over a11 of your personal records to the State Board, before youdre found in vtolation?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

No, they would only have the investigative -- to lcok at your campaign expenditures.

PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Senator Hpndon.

So -- so you're saying, because I thought I heard ycu answer Senator Dunn and say thatr yes, Ehey do have the right to look into your personal records, and now you're saying that they donft. Now, I need to know Which is it? Maybe you need to take it out of the record until we can find out it, because that's my problem wl*h i*. I understand what you're doing, and I have no problem . E've filed against some people myself. MatEer of factr I have two pending, and I hope they get 'em. Bu* personal records is a whole different ball game: and I -- I think that ue a1l need to be clear before any of you vote on this. You're givins somebody the right to do what the IRS should only have the right to do, and some of I l08  STATE OF TLLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 their rights should be limited. But to give it to the State Board, or any board of eleetions, I just have a problem With thatr and I Want to be clear on that. Do they have the right to look at your personal records cr not?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

Well, I -- I didn't mean to mislead you. What -- What the bill says is they have the authority to investigate, upon receipt of a complaint only, violations of provisions of this Section only. Nothing else. Not your lncome tax. Nothing else but Ehe Sectianz wedre Ealking about. That limited to that.

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

Excuse me. I thlnk that clarifles what I was going t? ask you. They cannot go into our personal records under -- following a complaint. That is positive, right? Okay. Thank you.

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

Question of the sponsor.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Spnator Collins.

Senator. Senator. Senator, would you please give me a clear definition of personal records, as confined in this bill? PRESIDING OFFICER; (SENATOR MAITLAND) fenaEor Klgmm.

Well, don't know. I don 't use it in the bill. It's not par: of *he bill. ?ou can use your aWn interpretatton of What  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislabive Day April 25, 1995 you want personal recotds. It's not covered in this bill. So why are We talking about it, as far as a definition is concerned?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins.

Wellr Senator, I -- I'm really confused now because al1 the discussion has been centered around that -- the fact that the bill is allowlng the Board, after complaint has been filed against you, to examine your personal record. Now, you 've said that it didn't include income tax and some other things. So I Want to know, what is the definition, as relates tc this particular Act, of a personal record? Because, see, T'm confused. Tn the -- in the last election -- and let me give you an example. Senatcr Berman touched on it here, and I am a living wktness to what happened the last electton. My opponent - the Republican ParEy - flled complaints and chargesr and we were -- the Board - you said they don't have the rlght to do so they examined and requested personal, I consider. My Amerlcan Express records are personal records. And they were requested, and they revkewed personal records. So now: don't know what you 're talking about. So give me a deflnition of personal record: and if they didn't have the authority, which I know they dldndt, to do soy but the media -- they played the media game, and it worked in their favor. And you know ât and I know ity but you give me a defînition.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm .

Well, Senator, this bill doesn't add anything more than they what they have now , and dfdn't think they could go to ycur personal records, and I was honest when I said that. Now you said, in the real example, they did go, under current lawy in your personal records. I wasn't aware of that. This does not change ll0  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day Aprll 25, 1995 1 . I that anymore than what the 1aw was before . I didn 9 t think they I I I could have . 't change that, l You say they can now. This doesn 1 Then it doesn't give them any more authority to do that. I didn't I think they could have done that.

PRESIDING OFPICER: (SENATOR MAITLAND) Senatar Collfns.

I don't think -- and I know they -- legally they couldnft do it now, but they did it, and so this bill, as Senatoc Berman said, is basically to codify a practice that they most certalnly did. And it worked very successfully for the Republicans *he last time around. And so now you want to legitimatize that particular practice. No, they donst have the authority to do it: but they did do ik. The media -- they played the media gamey and it Worked.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Carroll. SENATOR CARROLL; Thank you, Mr. President, Members of the Senate. With all due respects, I think I have to disagree wlth the sponsor's interpretation and that is because I'm reading the bill. And if - - the State Board shall have the authorlty to investigate a violation of the Act. Nowy What are we vlolating? Did the persan take three thousand dollars a month? No, that's not *he issue. Did they have other income is the issue. How do you prove whether or not a person had cther income? You have to go to IRS records, thlngs like that: to determine whether or not thgy had personal income. Were the payments for items or services that benefltEed the candidate? It won't be on the face of the check, I assume, sa you'd have to go and say, ''We can subpoena your records to see if you received any benefit from the usage of that particular item that was paid for by campaign expenses. '' Likewise for travel or 1 1 1ll  STATE OP ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 other purposes. Was the travel necessary for government or polltical purposes? So they 're going to go in and say, ''Where'd you go? Who went? What was the purpose?'' And they can gc into your othgr recards, I believe, from reading the Act. The only way that they could determine whether or not thete was a violation was to go beyond your campaign documents, to go into your other books and records to determine: in fact, whether ot not this was incomez whether or not ft %as an expenditure, how did you use the funds, things of that nature. Likewise with the vehicle. If you happen to take a vehicle for campaign purpcsesr whether it's for a month or a year, and someone complafns about it, what records will they demand? Probably the same type of records the IRS demands to show what mileage you put on it, where you went, things of that nature. So I guess *he bottom line is/ lf you like an IRS audlt, you 'd love the implications of this bill.

PRESTDING OFFICER: (SENATOR MATTLAND) Purther discussion? Further discussion? Senator DeAngells. SENATOR DeANGELIS: Thank you, Mr. President. Plrst of all, a statement and then a question. There is no way, Senator Klemm, that you can determine if someone used something for personal reasons without qoin: in their personal account. So ko even suggest they don't have the right to investigate your personal accounts is sheer fclly, because whatever evidence they would need in order to prove that you did it personally would only come through your personal accounts - unless, you know, somebody's got a good imagination. Secondly, I have a question. If you, in fact, ablded by this bill, would thfs indemnify the IRS from comin: after you?

PRESIDING OFFICER: (SENATOR MAITLAND) SenaEor Klemm.

I don't think that it would indemnify the IRS from ll2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leçislative Day April 25, 1995 i I I inveselgatins anything that you would have in your tax returns or I I I anything else. I

PRESIDING OFEICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: I didn't say indemnify from lnvestigation. Indemnify from prosecution. Because if ycu're settiag up standards that determine the differentlal between personal and campaign use and you abide by the laws of the State of Illinoisz does that indemnify you then a:ainst federal law, whieh might well have a different lnterpretation than you bave right here? And that's the questlon.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Klemm.

Well, the standards that the IRS requires are far more severe than -- than khat this bill even purports to do. So I don't see where you'd have a problem. If your -- you got problems of using campaign funds for personal uses, you 'd have to report that as personal use anyhow . You 'd have to -- in order to use thét as an expense: to charge it off, you have to account for that to the IRS regardless. So, I mean, this is not requlring more than that. Certainly is requiring a lot less. In factr it allows you to use the dollars for any governmental or campaign activity. That's aboue as open as you could get. If you're afraid that you're doing something wrong and you don't Want to be looked into - as some of the Senators said , ''I don't want thts to happen'd - yeah , khen maybe you've got to have a liktle bit of better accounting procedure. That's correct. Many states, as you knowr don't a11oW any use of campaign funds for anything personal. This does not go even half that far.

PRESIDING OFFICER: (SENATOR MAITLAND) 1l3 . t . '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 : I Senator DeAngelis. I I I I SENATORDeANGELIS) j Well, that's precisely my point. The point is that there's a better and greater body out there to make that determination. In factr 1et me point out to you a couple of things in this that I -- it never occurred to me to ever use my campaign funds for, and I'm no* so certain that I would, but you've really opened up some avenues that I had never thought of. Let me tell youv the most flagrant abuse of campaign funds ls absolutely sanctioned in ehis bill, and that is tbe ability to pay back personal debts When you campaign. Your personal contrlbution is a contribution. I ran against a guy that put a million seven hundred and fifty thcusand dollars of h1s own money in a campaign. His name was Dick Phelan. Now, the first thing he dld after he won Was to hcld fund-raisers to pay off the debt. Campaign debt? Wrong. It Nas to pay off the contributions that he had made to his own campaign. And I have to tell your I'm a little miffed at Common Cause, 'cause I did sonething which I thought was really great about eight years ago, and they got a1L over my donkey about it. And 1.11 tell you what I dld. I was a -- I Was a delegate to the Chrtstopher Columbus Quincentenary Jubilee Commissionr and I chosey rather than accept reimbursement from governmen: for it, to use my campaiqn funds on one trip to qo to one meeting. They sat there - one of my opponents - blasted me for taking this trip. And you know what I did afterwards? Every time I went, I charçed all of you for it, and I Naat to thank you for 1t. I really do, 'cause the great issue by Common Cause, that I shouldn't do this, allowed me to pkck your pocket, rather than to take it out of these eontributions that were glven to me by people who were in support or me. You know, everybody wants good government, but I :ot to tell youy there's nothing in here that's going to make lt more popular. And somebody said iE - I can't remember who said it: ll4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th tegislattve Day April 25, 1995 All it's going to do give everybody an opportunity to -- to take a poke at you Who doesn't even know what the hell theyfre even talkinq about.

PRESIDING OFFICER: (SENATOR MAITLAND) Further dtscussion? For a second tlme, senator Jacobs.

Thank you, Mr. -- thank you: Mr. President. I dc apologize for rising a second tlme; however, really wasn't through the first time. I khlnk that Senator Dunn alluded to a couple cf thinqs that I think need some clarlflcation. As an example, under your bill, senator, if I Nant to rent a Eux five times a year at eighty bucks a crackr I can do that, but I can't go out and buy a tuxr which would actually save my campaign fund money cver the period of years. I can': buy but I can rent it. That just doesnfe seem to make any sgnse to me. Also, just a final thing: We already siqn an ethics statement. We -- the Income Tax Code takes care of most of the problems that you're -- seem to be worried about here. would agree with what Senator DeAngelis said. There are some things in this bill that are good, and Wculd recommend you take it out of the record, clear (t up : clean up, and if there are some specific problems, which the press always uses -- whekher you buy a car that is not the type of car someone thinks you should use then they can come down on you. One final thing: Membership for club or club dues charged by organtzatlonr clubs or facilities that are primarily engaged in providing health: exercise or recreational services. Now, We a11 have dtfferent ldeas of recreation. This conceivably could even say that this would affect Elks dues, it could affect dues Eo a fraternal organlzation. You can say not, but it depends on the interpretation of recreation. We al1 have different recreational actlvlties. I just think overall this bill flawed, and I Would urge a No vote, or a Present vote. 1l5  STATE 0F ILLINOIS 89TH GENERAZ ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 37th Legislative Day April 25, 1995 ! PRESIDING OFFICER: (SENATOR MAITLAND) ' I Further discussion? For a second time, Senator Hendon. :

I Thank you, Mr. Presldent. I apologlze for rising a second tlme. Will the sponsor yield for two quick questions? PRESIDING OFFICER: (SENATOR KAITLAND) ! Indicates he gill yield, Senator Hendon.

Senator Klemm, I have the bill in front of me and it says here, on page 2, that We cannot -- the committee cannot make expenditures clearly in excess of the fair market value of the service, materials or other things of value received in exchange. Let's say a Senator -- some Senator is running for president of county board, like Senator DeAngelis did, and he has a thousand-dollar-a-plate fund-raiser and clearly the chicken is only worth twenty-five dollars a plate. So this is Way over the - - fair market value. Would the committee be able to buy a thousand-dollar ticket or not?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

Welre talkkng about your expendkturesy not what somebody makes a contribution to you for.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.

Mr. President -- Mr. President and Members of the Body, you need to hear this, 'cause a 1ot of you have -- I have a fifteen-hundred-dollar fund-raiser coming up. NoW it says here a political eommittee shall not make expenditures clearly in excess of the fair market vakue . Now I guarantee your those little hors d'oeuvres I'm serving are not worth fifteen hundred dollars. Sor i 116 ' . (  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 Would -- would Syverson or anybody else be able to buy thpse tickets or not?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm .

It Would not prohibit you from purchasing that ticket, and I think you know that. This is obviously that you're not buying a -- a photoccpier from your brother-in-law and giving him three thousand When it's a thousand-dollar list price. Surer you're trying to prevent some of the abuses that we've seen in the past. I know nobody here does that, but I'm trying to prevent it from happening in the fueure for oehers. And this is not -- what you had used as an example would -- would be prohibited.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Hendon.

One final example and I'm finished. It says here, number (5), on page 2: that you cannot -- a political commlttee shall not make expenditures for clothlng or laundry expenses, except for clothing items rented by a candidate for his or her use - listen to this everybody - exclusively for speeific campalgn-related event. Now letfs say hypothetically that I switch to the Republican Party and decide to run for county board president of Cook County as a Republican and Pate Philip is supporting mez and I have a fund-raiser. And after that fund-raiser, I say, NPate, let's go out for a eouple of drinks.'' Will we have to go home and change clothes before we could go to the local bar and get -- get lit? It's a serious question?

PRESIDING OFFICER: (SENATOR MAITLAND) Is there furEher discussion? Senator Geo-Karis.

Mr. President and Ladles and Gentlemen of *he Senate, I have a 117 . .k '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 campaign committee. I cannot sign my checks. I mean: if I have any -- any expense, I have to give a recelpt to my campalgn treasurer. And 1et me tell you something: This bill's going tco, 1 I too, toc far. It says here, they can't pay items for services or benefits for the candidate. Well, if I have to go to the Governor's fund-raiser, I can't take the check out of there. If I have to go to another office's fund-raisery I can't take the check from there. This is ridiculous. We're golng too far afield. For heaven sakes, they lre willing to check my expenses and what have you, and I think we should. Like the example given by I believe it was Senator Jacobs. They won't 1et you buy a tuxedo which will be cheaperr but you can go and spend a hundred dollars tor rent the whole outfit about five or six times a year. The tuxedo might cost you a hundred and fifty dollars. I think, much as I love the sponsor, and I love you dearly, Dick, I cannot agree With this bill. It's far, far, far gone, and I speak against it.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Klemm, do you wlsh to close?

Well, 1et me -- 1et me tell you, there was no intent on my part or a1l the players whodve tried to work Ehis out to embarrass any legislator. And you know that. It was an attempt to make some limitations of abuses that have been called to our attention and some plain, good government use of campaign expenditures and contributions you receive. And I know the problems you've had. Many of you came to me and we tried to resolve them all. We trted to do that in allowing any governmental activity or campaign expense to be appropriater except we listed a few that were excesses and abuses. And I understand that. I thought the mood of the Sgnate would be to try find some reasonable changes. I'd like to move it to go to the House and maybe we can correct it some more, but I don't want to embarrass anybody either. And if I l18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 I'm golng to do that, 1'11 pull the bill out of the record, but I'd like to see it move to the House so that we can make *he changes there to improve it. Ncw, thcse of you who wish to -- you know, use your money in different ways, I guess that': your choice. You know . But I'd like to -- I would like to see if we could move lt over there and try to correct your problemsr because I think everybody in this Chamber aqrees we need some reform in this area, at least, well, most of you, I guess. Some cf you are nodding no, but... So, I guess what 1'11 have to do then is take t:e bâl; ou: of the record.

PRESIDING OFFICER: (SENATOR MAITLAND) Out of the recordr Madam Secretary. Earlier -- Ladies and Gentlemen, earlier leave Was granted to return to Senate Bill 885. On Senake Bill 885, Senator Severns.

Senate Bill...

PRESIDING OFFICER: (SENATOR MAITLAND) Read the bill, Madam Secretary.

Senate Bill 885. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Severns.

Thank you, Mr. President, Members of the GenaEe. Senate Bill 885 is the payout for Senatcr Hall's Widow. And that's a1l it is, and I would move for favorable passage.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there dlseusslon? The question ts, shall Senate Bill 885 pass. Those in favor, vote Aye. Opposedr Nay. The voting is open. Have a1l voted who wish? Have a11 ll9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 voted who wish? Have a1l voted who wish? Take the recordy Madam Secretary. On that question, there are 58 Ayesr no Nays: no Members voting Present. Senate Bill 885, having received the required constitutional majcrity, is declared passed. Senate Bill 954. Senator OfMalley. Read the bill, Madam Secretary.

Senate 954. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator OlMalley.

Thank you, Mr. President. Senate Bill 954 amends the Code of Corrections. It provides that a convicted felon may nct hold an elected office created by the Constitution or by 1aw until flve years have passed since the completion of his sentence. Deletes existing prohibition against elected constitutional office until completion of sentence. The State Constltution -- this is just for background: The State Constitution provides that a person who is convicted of a felony, briberyr perjury or infamous crime is ineltgible to hold State constitutional office, except his eligibility may be restored by law . The Municipal Code provides that a person convicted of an infamous crime, bribery, perjury or other felony is never thereafter eligible for elective municipal office. This provision was declared unconstitutional in 1980 in the Third District Appellate Court a case called Coles versus Ryan. The court ruled to be arbitrary and capricious to treat restoration of rlghts in municipal afficg more harshly than restoration of the right to constitutional cffice. As amended: this bill homogenize the Code of Corrections' the Election Code and Municlpal Code provisions which govern the right to resume elected office following a criminal convictton. says l20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 that the -- the right is restored five years after completion of sentence al1 the categories. Be happy to answer any questions there may be.

PRESIDING OFFICER: (SENATQR MAITLAND) Is there discussion? Senator Hendon.

Thank you, Mr. Chairman. This a wonderful bill. It should be longer than five years. Some of you may knowr we have a bank robber about to be sworn in as Alderman of the 27th Ward, absolutely ridlculous. -- support this bill one hundred percent. We do have a stronger bill that allow them to never hold office in Illinois, and I ask for an -- an Aye vote. And if I could be a chlef cosponsor with you, I'd be glad to do so. And when we send it over to the House, let's lengthen that to abcut twenty years.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Question of the sponsor.

PRESIDING OFEICER: (SENATOR MAITLAND) Indicates he will yield, Senator DeAngelis. SENATOR DeANGELIS: Was this bill suggested to you by Alderman Tillman?

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senatcr -- Senatcr Molaro.

Yes, thank you, Mr. President. IS this -- Will the sponsor yield for a question?

FRESIDING OFFICER: (SENATOR MAITLAND) He indicates he will yieldr Senator Molaro.

Okay. Senator from Chicago indlcated a bank robber, and I l2l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 could understand that. But 1et me ask you this: Are We talkin: abcut convlction of any type cf felony whatsoever?

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

Yes, we are.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro.

I guess this gould then be a redundant question. So felony theft -- you're convicted of felony theft and get conditional discharge as you a11 know r states as a convlctlon - then you would be barred from running for any elected office for five years? Okay. One last -- one last question then, I may, because he answered by nodding his -- his head. Where did five years come from? Why not three or why not ten or twenty, as -- as Senator from Chicago suggested?

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

Senator Molaro, I think you have to start somewhere. It's clear that the state of the 1aw in Illinois is very unclear because of Coles Ryan. If anybody wculd like to entertain a higher number, be happy to do so and and jcln with them. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator O 'Malley, ycu wish to close? The question is# shall Senate -- the question is, shall Senate Bl11 I'm sorry. Senator Collins, your light Was nct on. Senatcr Collins.

Yes. Thank you. running far office the only right that l22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25: 1995 wi1l not be restored to this person once they serve their time and ge* out?

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

This deals with the right to hold elected office.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Colllns.

And -- and so you feel that it is a11 right to -- to not to -- to restore the right to vote and a11 other rights to a person Who has served their time, except - except - they cannot run or hold elected office.

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

Again: Senator Collins, this bill addresses the issue oë -- lf the ability to hold public office and a position of trust. PRESIDJNG OFFICERJ (SENATOR MAITLAND) Further discussion? Senator Shaw. SENATOR SHAW) Would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Shaw. SENATOR SHAWJ And I just wan: a point of clarification. -- some these people that are convicted, let's say that they are dolng -- they do two years on a felony and then they're on parole for, let's say, Gix yearg. Could tbat pqrson, under Ehls bill, run for political office?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley. l23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day Aprll 25r 1995 I

The answer to your questiony Senator Shaw, is that that is I part of their sentencp and -- and the -- the five-year perîod runs from the conclusion of their sentence.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw. A1l rlght. Further discussion? Senator O'Malley, you wish to clcse now? Okay. The questlon is, shall Senate Bill 954 pass. Those in favcr will vote Aye. Opposed, Nay. The votin: is open. Have a11 voted who Wish? Have all voted Whc wish? Have a1l voted who wlsh? Take the record, Madam Secretary. On that questian, there are 53 Ayes, na Naysy 3 Members voting Present. Senate Bill 954: having received the required constltutional majorltyr ls declared passed. Senate Bill 964. Senator Garcia. Read the blll, Madam Secretary.

Senate Bill 964. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcia.

Thank you, Mr. President. Senate Bill 964, as amended, Was passed out of the Public Health Commkttee with no opposition. It requires the Department of Public Aid to establish policies and procedures under which units of local government that do not receive StaEe funds for general assistance purposes may refer individuals for participatîon in the Earnfare programs operated in the same unit of local government that receive State funds for gpneral assistance purpcses without dlsplacing other recipientsr provided Earnfare slots are available.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Clayborne, for what purpose do 124 . y . '  I STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I I 37th Legislatlve Day April 25, 1995 you arise, sir? SENATOR CLAYBORNE: Yes. I was out of my seat. I was intending to voee Yes for that, an the record. PRESIDING OFFICER: (SENATOR MAITLAND) The record will show your intent, Mr. -- Senator Clayborne. Is there discussion? Is there discussion? The question is# shall Senate Bill 964 pass. Those ln favorr vote Aye. Opposedr Nay. The voting is cpen? Have all voted who wish? Have a1l voted who wish? Have all voted who wlsh? Take the record, Madam Secretary. On that question, Ehere are 54 Ayes: 2 Naysr no Members voting Present. Senate Bill 964, havln: received the required constitutional majority/ is declared passed. Senate Bill 971. Senator O'Malley. Senator O'Malley: on 971. Senate Bill 974. Senator Molaro. Read *he blllr Madam Secretary. ACTING SECRETARY HAWKER: Senate Bill 974. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SEHATOR MAITLAND) Senator Molaro . SENATOR MOLARO: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Last Chicago electiony fcr primary election for mayor, there Was a dismal turncut, as we all know. Some Wards voted less than twenty percent. As they went and looked at some of the reasons for it -- we have gangs in the City of Chicaqo, sad to saye and as a matter oc fact, gangs throuqhout the State of Illinois. There have been recent edltorlals Wherl gangs are besinning to take part in the electoral process: much like some of the hoodlums did back in the early twenties. And What we want to do is, some -- if some lndividual or group wants to get involved in the electoral I 125  STATE OF ILLINOIS 89TH GENERAL AGSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 process, that's fine, but to brlng their tactics of intimidation and strong-arming is not. And part of the process was because af fact that people in certain neighborhoods of the Ctty of Chicago were afraid to come out. And what was happening is, gang members former gang members - would qo around campaigning for people. As you well know, you cannot Jampaign, Wear polltical paraphernalia, within a hundred feet of a polling place. But what was happening: Gangs kncwn gangs - with known gang colors and symbols were out there campaigning. On election day, they wauld be right next to the polling placer right inside the pollkng plaee and stand there a provocative manner, either wearing gan: colors ar givtng gang symbols as people came in to vote. Ncw, that was very, very intimidating and a 1ot of -- a 1ot of voters would come in, see these gang members standing near the polling place giving gang symbols and turn around and walk right out. It was too intimidating. So what we did was We put in a bill that says that it is against the law to Wear gang colors oz gang symbols. The definition -- and I know somettmes when you get ln definitton of gangs and what they are is -- is difficult, so what we incorporated into this bl11 is the definition that has been passed by this Legkslature whtch tn the Streetgang Terrorism Omnibus Prevention Act, which is Act 147, and the definition of streetsang and gang is incorporated in this bill. And that passed the Senate and that has been upheldz what the deftnttion of a streetgang or a gan: is. So I would ask your conskderation and favorable vote .

PRESIDING OFFICER: (SENATOR MAITLAND) Is there dlscussion? Senator Shaw.

Will the sponsor yieldr Mr. President?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Shaw . 126  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25y 1995

While concur with many of your views, Senatorr let's -- let's start by talking about these colors. You've -- and I don't have the bill here. What is a gang color?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Mclaro .

It would be under the definition of streetgang. I meanr if you -- you would like me to read it's a -- it's a color that's been adcpted by the streetgang as a known streetgang that is strictly -- and 1111 read it to yau: Membership through the agency or member and at direction, order, solicitationr or other governkng or policy makin: person or authority in the conspiracy, or any agent or deputy of such person or authority engages the course of or pattern of criminal activity; through its membership or khrough the agency of any member engages in a course or pattern of crlmlnal activlty.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw.

So, ln other words, if I wear black and white, this might be a sang color.

FRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro.

No.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Shaw.

What I asked is: What is a gang color? Is it red and green?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro. 127  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

Well, the -- the answer to that question, a11 depends on -- lt's likg any other words. What's fighting words as opposed tc what words would ereate an assault, what words would create a would be furtive action. Qhis depends on how theysre used and how theydre worn and -- and what type of activity youfra engaging in. Just like a gang. Skx people hanging tagether is not a ganq. Six people that are brought together to intlmidate or criminal aetivity is a gang. Colors that are worn strictly to wear colcrs, of course not. Obvtously when we talk about gang eolors or gang symbolr so I could use my fingers to give a symbol that is meaningless. But if theytre used to denoee a qang or used to provoke, then they would be considered a gang symbol.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Sbaw.

agree and I'm sympathetie to your plight here, but know youngsters in the community, they Wgar a11 klnd of colors in the conmunity. And I'm trying to figure out how the police is to deal Wtth this in making the determination on what's a gang and What's a san: color.

PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro.

... that's a question, but try to answer Both the State Police, as well as the City Chicago, have -- have informed me, as well as suburban police departments I have talked tor have a list of all th9 gang activity in there. There ls a network that the Attorney General is involved They know all of the gangs, the gang colors and gang symbols. NoW anybody wants to talk about abuse by the police department, Well, mean, I think thatfs ycu know: gokng too far afield. The police 128  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislattve Day April 25, 1995 department -- if I'm in a precinct and I know the police officer, polkce officer can abuse discretion at any time and anywhere and any type of actlvity. So if know the police offtcer and I don't like somebody else standlng there, I could say he's been rowdy and the police cfficer can say, ''That's disarderly conduct; you dre under arrest.'' So a police officer can abuse at any time. We're assuming that police officers won't abuse any -- any law , including this one.

PRESIDING OFPICER: (SENATOR WATSON) Further discusslon? Senator Shaw.

To the bill: I think that -- and certainly, I'm no* betn: sympathetic with gang members and so forth, in terms especially in terms of intimidations at the polling place. think that the electorate should have an oppcrtunity to go and cast their vote. But when you get into identifylng colors, particularly the Afrlcan-American community and many other communities around thls State, young kids will go and buy, like, the Starter jackets and the Starter jackets -- I don't knaw how many colors they come in, but they -- one time, they were killing people in Chicago - and you know that, Senator, your district for Starter jackets and so forth. The Starter jacket could have been classifled as a gang color, and as something that gangs Where to identify certain gang members, and -- but when ycu leave this to the police, to make thls determination, I think that's qoing a llttle bit too far. Certainly, I would like to rid not only Chicago, but of Illinois of gang members. I want to help you do thts. But at the same time, I don't Nant you to give that discretionary power to the poltce department where that they can make the determination and just go around wholesale locking up people. think this is is a bad concept here. know your intenticns. know What you're trying to do, and certalnly I'm willing to work with you l29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 37th Leglslattve Oay April 25, 1995 terms of doing that. But they have tried this in the House some years ago : uhen I was served over there, and it didn't go anywhere then, and I don't think it'll go anywhere nov. But certainly we need to look at this, and if this bill should get out of here, would hope that you Would work with Members of the House to try and come up with -- tighten thls bill up somewhat, where that we just Won'k allow *he police to arbitrarlly go around lockin: up lnnocent people and sayin: -- and branding them and giving them a record, saying, ''You're a gans member.'' think it's a danger in thls -- ln this type of legislaticn, unless We tighten it up.

PRESIDING OFPICER: (SENATOR WATSON) Further discussion? Senatcr dêl Valle. SENATOR dEL VALLE: Thank your Mr. Presidene. Senator Molaro, I think you dre trying to address a very real problem here With this blll, and one tbat is increasing. We sau it in the last election in the Clty of Chicago, but as Senator Shaw has said, I think the bill needs -- needs some work. I6d like to support it, and I will support the bill so that We could get it over to the House -- eo Ehe House and work on lt some more. But colors are not that big of a deal these days. At one time, you could eell by how a ycungster wore his cap. But hand signals are still out there; they're commonly used . I don't think pclice officers are trained or equipped to ldentify all of those hand slgnals. We've heard instances where youngsters have -- have been attacked. Indlviduals who use sign language were attacked because they -- the gang members thought that they were representtng a gang. So r there are mistakes that :et -- get mader and I think we need to -- we need to address that. We need to tighten thls up and define exactly What We nêan by color symbols and paraphernalia. But I just wanE to add one more point and that that there's also ineimidation that's taking place 130  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 with the use of absentee ballcts. Right now: the easiest way to steal votes, partlcularly in the City of Chicago, is through the use of absentee ballotsr and there's nothing more intimidating to soneone who is voting by absentee to have someone come to their door that they know ts a gang member, to takk to them about that absentee ballot or to collect and pick up that absentee ballot. This bill does not address that, and I'd like to see us add that in the House.

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

Thank you, Mr. President and Ladies and Gentlemen of *he Senate. Senator Molaro is attemp*inq to address an issue that Nas brought to the attention not only by elected offlclals that Were incunbents certain areas that -- whose constituents Were harassed or, some cases, frightened by gang intimidation. Although the example of gang colors were -- Was made, gang colors by themselves, or colors by themselves: does not constttute gang acttvlty just because oE the mere fact of a color. I think the issue of possible intlmidation or gang colors worn combination with either signing or gang paraphernalia or actual gang-related indlviduals who are known to hang with certain gang members are a1l taken in and considered by Chicago police officers and not just the City of Chicago, but all over the State of Illinois. This was a well-intended piece of legislation and I would just ask that our Members on this side of the aisle gtve Senator Molaro their support.

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

Thank ycuz Mr. President. I also stand in support of this bill. -- I'm a little perplexed by the opponents of this 13l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legiskative Day April 25, 1995 bill. It's -- it's quite simple. It says that no gang symbols, gang colorsr or gang paraphernalia may be displayed wlkhin a polling place or wlthin one hundred feet of a polling place, much like campaign literature. Wefre talkins about gang symbols, not signals. Signals you could signal with your hand or -- or cock your head a certain way. That is not being addressed in this leglslation. You're takking about symbols Which are used or -- or paraphernalia which is being used by vicious; violent gang members in the streets of Chicago today as an intimidation factor, trylng to intimidate voters for or against an issue or a candidate. This is a good piece of legislation, and think that should get fifty-nine votes.

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

Thank your Mr. Chairman. Just to the bill: Pirst of all, the blggest intimidators in the Clty of Chicago are the city workers and that's who we should bar out of the pollkng places. First -- secondly, it's the mayor's office. We need to bar them out of the polling places. My problems with Senator Molaror who is a very dear friend of mine, is that right now Senator Denny Jacobs ls wearing gang colors, Senator Parker is wearing san: colors, Senator Geo-Karis is wearing gang colorsy Senator Mahar is wearing gang colors, Senator Karplel ts vearing gang colors, and I could go on and on and on and on. The colors every color in the rainbow is used now . There are twenty-five branches of the Gangster Disclples ln the City of Chicago alone. Twenty-five dlfferent sets of colors, Bobby, and talked to you about this. Eo what happens here is any of us that might have young people workin: for us, such as myself 'cause I still can pass for twenty-one, wtll have *rouble wikh our workers gettin: in and out of polling places, no matter What colors theydre Wgaring. Thatls 132  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslatlve Day April 25, 1995 the problem with this bill: and that's Why We should not pass this bkll as wrttten. Thank you.

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

Yeah. Thank you, Mr. President. know that the sponsor is attemptlnq to deal with a serious problem in ouE societyr but what coneerns me, Senator Molaro, about the bill is that I have two teenage youngsters whom, from time to time: work With ne in various campaigns. NOW, don't know What gang colors are, buE would hate to see them out there helping me in an election and some overzealous police person grab them and rough them up and take them to jail just because they happen to have on a certain color. That is the problem With the bl1l: When you talk about colors. And becomes very frightening. becomes very frlghtening because I don't want that to happen to my boys, and as a -- as a -- as an elected official, I know what overzealous police officers uill do. For example - for example it even happened to me personally by an overzealous officer grabbing, stopping me just walking from a Jewel store to my home, just because they thought I may have been the person that they were looking for. So what I'm saying to youz as we attempt to deal with the problem, ge cannot just blanketly pass a 1aw that says individuals with colors, because a 1ot of lnnocent persons will get hurt in attempting to solve that particular problem . am opposed to gangs, just like anyone else is. Bu* you've got to be very carefuk when you put the power in hands of individuals who may have a tendency to overreact. And that's what can happen With this particular bill, becauge you're going to hurt some innocent people because some young people may be Wearing some clothes that may have the color that identify with a gang. And they could be out there honestly helping the person - they don't belong to a 133  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 gang - and they :et caught and be a lot of trouble. a bad concept. It's a terrible bill, and I wish the sponsor will look at that aspect and try to address that in the event this bill Passes.

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

Thank you, Mr. President. Well, you know, I -- When we look for definitions -- and everybody keeps talking about symbols, colors, whatfs constitutional and what's -- you know, don't know we're in the business of determining What's constitutional or not. Wefre in the business of passing legislation and let the ccurts decide it. Terrible thlng going on out there. These gangs are trying to infiltrate us, and we have to 1et them know right here from Springfield that not going to happen in the State of Illinois. We have Lo 1et them know now and early and often. As far as the word ''colors'' is concerned, 1'11 certainly, when it gces to the House, try and figure out if We can tighten up the word ''colors''. But the tdea of what -- nobody knowing what a gang symbol ùs or knowing what a gang color is, -- think that's ridiculous. a11 comes down to how they're wearing The police officers, State police, know Who gang members are. We know what -- gang colors and gang symbols. Sut I will certainly work on it when gets to House. there's somebody who could tell me a better Way to deflne We shall. However, that belng said, thlnk this is a good piece of legislation. think sends a message to gang members that they're not going to infiltrate the electoral process. And I'd ask for a favorable roll call. Thank you.

PRESIDIKG OFFICER: (SENATOR WATSON) The question is, shall Senate Bil1 974 pass. A1l those in favor, vote Aye. Opposed, vote No. The voting is open. Havg a11 134  STATE OF ILLINOIS i 89TH GENERAL ASSEMBLX REGULAR SESSION E SENATE TRANSCRIPT 37th Legislative Day April 25# 1995 ( votêd Who wish? Have al1 voted who wish? Have a11 voted Who wish? ! : Take the reccrd. On that question, there are 49 voting ïes, no i I vctin: No, 6 voting Present. Senate Bill 974, having received the reqaired constltutional majorityr is declared passed. We'1l take a moment here to give the Secretary an opportunity to read some Committee Reports. Mr. Secretary.

Senator Weaver, Chair of the Committee on Rules. reports that the followinq Legislative Measures have been assigned to committees: Referred to the Committee on Aqriculture and Conservation - Senate Amendment 2 to Senate Bill 8547 to the Committee on Education - Amendment 2 to Senate Bill 3777 to the Committee on Executive - Amendment l to Senate Bil1 429 and Amendment 3 to Senate Bill 253: to the Conmlttee on Insurance, Pensions and Licensed Activities - Amendments l and 2 to Senate Bill 287: to the Committee on Judiciary - Amendment 2 to Senate 3ill 415, Amendment 2 to Senate Bi11 528 and Amendment 1 to Senate Bill 8297 to the Committee on Local Government and Electlons - Amendment 2 to Senate Bill 441, Amendment 2 to Senate Bill 478, Amendmenks 2 and 3 to Senate Bill 586, Amendment 2 to Senate Bill 636 and Amendment 2 to Senate Bill 788) to the Committee on Public Health and Welfare - Amendment 2 to Senate Bill 189, Amêndment l to Senate Bi11 198, Amendment 2 to Senate Bill 10977 to the Committee on Revenue - Amendment l to Sênate Bill 135, Amendment 1 to Senate Bill 753: to the Committee on Transportatlon - Amendment 2 to Senate Bi1l 3597 and Be Approved for Considerauion - Amendment 2 to Senate Bill 768.

PRZSIDING OEFICER: (SENATOR WATSON) W9 are on page l6. The top of page l6. Senate 3i11 977. Senator Madigan. Mr. Secrebary: please read the bill.

Senate Bill 977. ! 135 : . j ( '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION i SENATE TRANSCRIPT : I 37th LegislaElve Day April 25: 1995 lsecretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Madlgan. . SENATOR MADIGAN: Thank youp Mr. President, Members of the Senate. Senate Bill 977 amends the Insurance Code and basically makes two revisions in that Code. It changes the actionable Eime of which an actlon can be brouqht against an insurance agent or regfstered firm from five-year statute of limitations to two-year statute of . llmitatton. And it also amends the Consumer Frau; an: oeoepqtso Business Practices Act to extend to insurance producers and firms the same protection that is granted to real estate brokers. And in that language, I -- Senator Berman has just pointed ou* - we were golng to amend this bill over in the House - and we Will -- pointed out some corrective language that needs to be inserted in that clause: and I would assure the Body that thase cbanges will be made in the House. Otherwise: I would ask for its favorable consideratton. PRESIDING OFFICER: (SENATOR WATSON) Is there any dlscussion? Any discussion? Seeing none, the question isr shall Senate Bl1l 977 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted Who wish? Have a1l voted who Wisb? Have al1 voted who wish? Take the reeord. On that questian, there are 55 voting Yes, 2 voting No, no voting Present. Senate Bill 977, having recelved the required constitutional majority, is declared passed. 978. Senator Madigan. Out of the record. 979. Senator Madigan? Please read the bill, Mr. Secretary. SECRETARY HAARX: Senate nill 979. (Secretary reads title of bill) l36 ! 1  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 3rd Reading of the bill. PRESIDING OFFICERZ (SENATOR WATSON) Senator Madigan. SENATOR MADTGANZ Thank youz Mr. President, Members of the Senate. Senate Bill 979, as amended, the continuing education bill for insurance agents. This matter has been around with us for a couple years now. We believe we have an aqreemenk on this, as far as the terms and condttions of a continuing education requirement for insuranee agents. r know of nc opposition at this pcint. Would be glad to answer any questions and otherwtse would ask for lts favorable consideration.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any discussion? Seetnî none, the question is, shall Senate Bill 979 pass. A11 those favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that questiony there are 55 voting Xes, no voting No , no voting Present. Senate B11l 979. having received the required constitutional majoritye declared passed. Senator Molaro, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Molaro seeks leave of the Body to return Senate Bill 983 to the Order of 2nd Readins for the purpose of an amendment. Heartng no objection, leave is granted. On that Order of 2nd Readin: is Senate Bill 983. Mr. Secretary, are there Floor amendmenEs approved for consideration? SECRETARY HARRY; Amendmenb No. offered by genator Molaro .

PREGIDING OFPICER: (SENATOR WATSON) Senator Molaro, tc explain your amendment.

Yes. Basically the amendment is technical on nature. These 137  STATE OF ILLINOIS 99TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 are forms that someone would have to fill out if theydre asking for public aid, and it's just a technical amendment. ;

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Anydiscussion? Seeingnone,a11 j those in favor, say Aye. Opposed, Nay. The Ayes have itr and the amendment is adopted. Any furthêr Floor amendments approved for eonskderation, Mr. Secretary? SECRETARY HARRY: ; No further amendments reportedr Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate B11l 998. Senator Berman. Mr. Secretaryy please read the bill.

Sena*e Blll 998. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

Thank you, Mr. President. Senate Bill 998 Was requested by the Educational Ccmmisslon of the States and what it does is to appoint tWo Members of the Senate and two Members of the House, bipartisan, to be on the Commission from the State of Illinois to the Educational Commission of the State. Be glad to respond to any questions.

PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 998 pass. A1l those in favor Will vote Aye. Opposed, vote Nc. The voting is open. Have a1l voted uhowish?Haveallvotedwhowish?Haveal1votedwhowish? Take the record. On that questicnf there are 53 voting Xes, 4 voting 1 No, no voting Present. Senate Bill 998, having received the 138 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legëslative Day Aprël 25, 1995 I i requiredconstltutlonalmajority,isdeclaredpassed. SenateBill 1006. Senator O'Malley? Out of the record. Senate Bil1 1007. j Sgnator 0'Ma11ey. Out of the record. Senate Bill 1015. Senator Philip? senator Philip, do you wish to call 1017? Out of the record. Senate Bill 1019. Senator Cronin. Out of the record. Senate Bill 1025. Senator Fawell. END OF TAPE TAPE 4 PRESIDING OPFICER: (SENATOR WATGON) Senator Fawell, do you Wish to have Senate Bill 1025 called? Out of the record, Mr. Secretary. Senator O'Malley, on Senate Bill 1028. Mr. Secretary, please read the bill. SECRETARY HARRY: Senate Bill 1028. (Secretary reads tktle of bkll) 3rd Readins of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator O 'Ma11ey . SENATOR O'MALLEY: Thank you, Mr. Presldent. Senate Bill 1028 amends the Deceptioa Articke of ehe Criminal Code. Current 1aw provides that criminal and civil penaltles where a person willfully and wlth speciftc Lntent to defraud grites a bad check or a check on a fictitious bank for -- for goods is subject to both criminal and civil penalties. Wi*h respect to the ckvil penaltkes, the check Writer has thirty days to cover it fallcwlng written demand by certified mail or where the post offkce returns written demand as 1 I 139 . , (  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25z 1995 refused by addressee. Under the bill, ik will not be necessary to I show that the payee refused the delivery prior -- prior to suit. It Will be sufficient evidence of notice that the thirty-day demand letter was refused or that the mail Was unclalmed. A canmittee amendment was offered to require that the thirty-day demand letter be sent by both certified mail and first class mail to the bad check writer's last kncwn address. Be happy to answer any questions there may be.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If none, the question is, shall senate Bill 1028 pass. A11 those in favor, vate Aye . Oppased , vote No . 'Phe voting is open. Have alL voted who wish? Have all voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 55 voting Yes, no voting No , l voting Present . Senate Bi11 1028 , having received the required constitutlonal majority, is declared passed. With leave of the Body r we 'd llke to go back to Senate Bill 1025. Senator F'awell. Leave is granted . You may proceed . Mr. Secretary , please read the bil1.

Senate 3i11 1025. (Secretary reads title of bill) 3rd Reading of the bill .

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell . gENATO R FAW ELL : Thank you very much. This is really a clean-up bill fc)r the circuit court clerks. There has been some questton about a law that we passed last year. What this does is it requires a person on bail for a prior criminal offense to appear before a court for setting bail on a subsequent criminal offense. What has happened i is sometimes the judges have suggested that even if it's a minor 140  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislattve Day April 25, 1995 traffic violation, they must come in. I know of no opposition to the bill, and I Would request a favorable vote roll call.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discusston? Any dtscussion? Seeing none, the question shall Senate B1ll 1025 pass. Al1 those in favor, vote Aye. Opposed, vote No. 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 57 voting res, no voting No, nc vcting Present. Senate Bill 1025, having received the required constituttonal majority, is declared passed. Senate Bill 1032. Out of the record . Senate Bil1 1034. Senator Palmer? Mr. Secretary, please read the bill.

Senate Bill 1034. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Palmer.

Thank you, Mr. President and Members of the Body. This bll1 authorizes a front-door referendum on a special tax levy and bond issue for repair and construction of Chicago school buildings where the repair is required by law for safety, security or energy conservatton purposes. 1111 be happy to answer any quesbion. This had unanimous support in the commfttee , and I know of no opposition.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 1034 pass. A11 those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have all voted Who Wksh? Have all voted who wish? Take the record. On that question, there are 56 voting Yes, 2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT Leqlslative Day April 25, 1995 voting No, no voting Present. Senate Bill 1034, having received the required constltutional majority, is declared passed. Senator O 'Malley, on Senate Bill 1035. Out of the record. Senator Hawkinson, on Senate 1038. Secretary, please read the bill.

Senate Bill 1038. (Secretary reads title of bill) 3rd Reading the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

Thank you, Mr. President. This is a Judiciary Ccmmittee clean-up bill for several items necessitated by last yearss Safe Nelghborhoods legislation and others based on some requests from State's attorneys, judges and law enforcement and staff. It amends the Stalking Law to further define ''followsl' and ''bona fide labor disputen. changes the Theft Statute to make it consistent wkth a bkll that I belkeve Senator Petka has already passed. It conforms the law to the current judicial practice of considering whether a criminal offense was committed by a defendant while on release from prison for a prior offense. And then, by Committee Amendment No. we add two provisions requested by Senator Tom Dunn, one dealing wëth anticipatory search warrants. An example of this kind of practice is where a discovery is made at a post cffice or other location cf a -- of a package of illicit drugs and a warrant is issued conditioned upon the future eventr such as the receipt of that package by the person who's taklng recelpt the lllegal drugs. And then another provision initiated by Senator Dunn requires that as a condition of release on a recognlzance bond or bail, thaE the defendant clearly provide his or her address and notify the court l42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT I 37th Legislative Day April 25, :995 I I of any address change. I'd be happy to answer any questions and I otherwise ask for a favorable voee on Senate Bill 1038, as 1 amended. PRESIDING OFFICER: (SENATOR WATSON) . Is there any discussion? Any discussion? Seeing none , the question is# shall Senate Bill 1038 pass. Al1 those in favor, say Aye -- or vote Aye. Opposed, vote No. The voting ls open. Have al1 voted who wish? Have al1 voted who Wish? Have all voted who Wlsh? Take the reeord. On that question, there are 57 votin: Yes, no voting No, no votin: Present. Senate Btll 1038: having received the required consti*utional majority, is declared passed. Senate Bill 1039. Senatar Fawell. Mr. Gecretary, please read the bill.

Senate Bill 1039. (Secretary reads tikle of bill) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell.

Thank you very much. This is actually an amendment that was put on by Senator Shaw . It merely increases the fine in -- for littering on a tollway. The language in this amendment provides that the person would not be fined more than five hundred dollars. If you have any questions, direct them to -- to Senator Shaw.

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

Yes. Thank you , Mr. President. Had I been -- I Stepped aWay from my desk and had I been at my switchy I would have voted Aye on Senate Bill 1038. And I'd like the record to so show. Thank you. l43 ' STATE OF ILLINOIS 89TH GENERAL ASSEM3LY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day ApriL 25, 1995 PRESIDING OFFICER: (SENATOR WATSON) I ' The record Will sc reflect. Thank you. There seems to be no ' I dlscussion or concern, Senator Fawell or Senator Shaw, with your ! legislation, so we will proceed with the vote. The question is, . shall Senate Bill 1039 pass. A11 Ehose in favor, vote Aye. Opposed, vote No. The votlng is open. Have all voted uho wish? Have all voted Who wish? Have all voted who wlsh? Take the record. On that question, there are 57 voting Yes, no voting So, no votin: Present. Senate 3i11 1039, having received the required constitukional majority, is declared passed. Senator Butler, on Senate Bill 1060. Out of the record. Senate B#ll 1366. Senator Rlenm . Mr. Secretary, please read the bklk. I beg your pardln. Out of the record. Senate Bill 1067. Mr. Secretary: please read the b111. SECRETARY HARRY: senate Bill 1067. (Secretary reads title of b1l1) 3rd Reading of the biLl. PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm . SENATOR RLEMM : Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a reques* from Lee County, senator Sieben's area, who has a nursing home that was establlshed by a referendum: and the county doesn't want to be tn that business anymore and would llke to lease that factllty to a privaee operatlon so they could continue that service and -- and care for the patients and their I employees. Bu* Ehe current law says that lf lt was established by I ? a referendumy they cannot do that. This bill would allow them to I I lease that with a three-fifths vote of the county bcard, and I ask I I for your suppart. I I PRESIDTNG OFFICER: (SENATOR WATSON) I l44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 I I I Is there any discussion? Any discussion? If not: the I question is, shall Senate Bill 1067 pass. Al1 those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have al1 voted Who Wish? Have all voted Nho wishk Take the record. On khat question, there are 58 voting Yes, no vcting No, no voting Present. Senate Bill 1067, havlnq received the required constituticnal majorityy is declared passed. Senator Madigan, on Senate Bill 1081. Mr. Secretary, please read the bill.

Senate Bill 1081. (Secretary readG titke of bill) 3rd Readlng cf the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan. SENATOR MADIGAN; Thank you, Mr. President, Members of the Senate. Recently it has come to the attention of everyone that charltable glft annuities may be subject to the Insurance Code in the State of Iklinois. In order to take care of that questlon, Senate Bill L08l has been prepared, and this puts charitable glft annuities subject to the same asset rules as insurance companies doing business in the State of Illinois, and also requires that a charity that would be subject to this bill has to be in existence in Illinois for at least twenty years. I think that Will afford adequate protection on charitable gift annuitles. I would be glad to answer any queskions and otherwise would ask for its approval.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeins none, the question is, shall Senate Bill 1081 pass. A11 those in favor, vote Ayg. Opposedr vote No. The voting is open. Have a1l voted who wish? Have a1l voted Who Wish? Havg all voted who wksh? I I 145 . )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 Take *he record. On that question, there are 58 voting Yesr no voting No, no voting Present. Senate Bill 1081, having received the required constitutlonal majority, is detlared passed. Senate Bill 1082. Senator Madigan. Please read the bill, Mr. Secretary.

Senate Bilk 1082. (Secretary reads title of bil1) 3rd Reading of the btll.

PRESIDING OEFICER: (SENATOR WATSON) Senator Madlgan.

Thank you, Mr. Presidenty Members of the Senate. Senate Bill 1082, as amended, amends the HMO Act to allow HMOs to make refunds to enrollment groups or charge additional premiums to groups under certain circumstances. The HMO aqd the group must agree to *he terms and place those terms in the contracLual agreement between the group and the HMO. Allows an HMO to reward employers who promote wellness amons their employees, and the refunds or additional charges are limited to twenty percent the profitable or unprofitable experience . Requires the H -- health maintenance organization to fully explain thetr method of calculating the experience, and small employers would not be allowed to participate under this. Be glad to answer any questicns an Senate Bkll 1082, as amended.

PRESIDING OPFICER: (SENATOR WATSON) Is there any discussion? Any discusskon? Seeing none, the question is, shall Senate Bill 1082 pass. Alk those in favor, vote Aye. Opposedr vote No. The voting is open. Have a11 voted who wish? Have voted who wish? Have a11 vcted Who Wtsh? Take the record. On that questlon, there are 58 voting Yes: no voting No, no voting Present. Senate Bill 1082, having recetved the required constituttonal majority, is declared passed. Please l46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25: 1995 i 1 read the bill, Mr. Secretary, Senate Bill 1093.

Senate B1l1 1093. (Secretary reads title of bill) . 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Thank youy Mr. President. Senate Bill -- 1093 takes care of a very unusual situation. It permits bcth the flrst and second wife, who are bcth the same persons, to receive a surviving spouse annuity from a downstate teacher. And this person Was narried to this teacher for quite a long period of time. They divorced and then they remarried, but he died prior to her being eligible to be the surviving spouse.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 1093 pass. A1l thcse in favor, vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wish? Have all voted who wish? Have a1l voted Who Wish? Take the record. On that questicn, there are 58 voting Yes, no voting No, no voting Present. Senate Bill 1093, having received the requtred constitutkonal majorityz is declared passed. Senate Bill k094. fenator Fitzgerald. Please read the billr Mr. Secretary.

Senate Btkl 1094. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald.

l47 ' ) ' .  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 1995 Thank you, Mr. President. Ladies and Gentlemen of the Senate, Senate Blll 1094 would establish an optional retirement system under the State Universltles Retirement Article of the Pension Code. would provide or allow for deflned contribution programs; whereby, the employer and the employee would set aside their percentage of the employee 's salary. It would go into an account that would be for the benefit of the annuitant and would be portable. He or she could take with them . Thts is an optional program. passed unanlmously out of commlttee, and there are -- are no known opponents.

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

Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. Just one quick question, Senator, and think it's basically already been answered. But Nhat happens if somebody is already in the system, then opts for the other system? Are they able to to take advantage of b0th systemsr or do they draW their money ouE of the SURS and pu* it into the neW program?

PRESIDING OFFICER: (SENATOR WATSON) Senakor Fitzgerald.

Well, this Nould apply for new new e>ployees coming in.

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

Just a question, if I may.

PRESIDING OFFICER: (SENATOR WATSON) The sponsor says he'll yield, Senator Raica.

Senator Fitzgerald, does -- this a1l insurances or all annuitants for a1l pension funds, city penston funds, or just 148  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 State or -- or private?

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald.

This is only for one of the fkve State pension funds: the SURS program , and lt's an -- it's optional within SURS for university employees only.

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

Question of the sponsor.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor says he'll yield, Senator Weaver.

Senator Fitzgerald, I was just wonderùng what financial aspect miçht there be a great number of new employees choose to go this route rather than SURS. What -- Nhat are the fiscal -- what is the fiscal impact down the road?

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald.

Economic and Flscal Commlsslon d1d a study showing that depending on how nany people go in there, lf they did projections at twenty-five percent of new employees and fifty percent going in there. In the early years, there would be a sllght increase the amount that would have -- that the State would have to contribute, but in the out-years, I think after six years, the amount would go down, because it Would have the effect of lowering the unfunded liabilities of the overall SUR Systen because these are defined -- these are defined contribution plans which would, by definitlon, be fully funded.

PRESIDING OFFICER: (SENATOR WATSON) 149  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day April 25# 1995 ' I I Senator Weaver. SENATOR WEAVER: I 1 Are ehese benefiks eransferable throughout the country to any ' ( institution of higher education?

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald.

Yes. One af the advantages of the optional retirement plan is that the employee would have an account that would be portabler and after that employee is vested, which would be after five years, he or she could take that account W1th him or her, and that would be one reason why they mlght want to go into that plan, for the portability.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? If not, Senator Fitzgerald, Eo close.

I'd just apprectate a favorable vote. This is an optlonal retirement plan, and I think that it would be a good beneflt for new employees coming in, and ultimately, in the out-years, could lower the unfunded llabilities of the State University Retirement System. Thank you.

PRESIDING OFFICER: (fENATOR WATSON) The question is: shall Senate 3ill 1094 pass. A11 those in favor, vote Aye. Opposedz vote No. The voting is open. Have a1l voted who wish? Have all voted who wish? Have alt voted who wish? Take the record. On that question, there are 58 voting Yes, no voting No, no votùng Present. Senate Bill 1094: having received the required constitutional majority, is declared passed. Senate Bill 1095. Senator Severns? Out of the record. Senate Bill 1096? Mr. Secretary, please read the blll.

I S I enate Bill 1096. l50  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day April 25, 1995 (Secretary reads tftle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Severns.

Thank you, Mr. Prestdent, Members of the Senate. This has passed *he Senate on a few occasions. It's been held up in the House, and I hope that with some changes in the Houser perhaps we can get this pilot project through this year. It's a bill that will -- for a pilot period of flve years onlyz require that an lndivldual drops out of school before they turn eighteen, that they lose thetr driver's license. Bufkt ënto the btkl is legltimate exceptions for any kind of serious problem at -- at home - economic, health or otherwlse. And also bullt into the into the are alternatlve educatlon and GED provisions. a trial period only. For those of you who remember when the young man from the FFA stood up and addressed thls Assembly a few weeks ago, he said that every five seconds: a dropout occurs. The NCSL said that this kind of legislatton has diminished the dropout rate by thirty-three percent in sEates that have tried and that's al1 wedre asklng here to do: is for the Senate once again to approve this language and hope that this time we can finally get it signed into law for a trial period only . 1'11 be happy to answer any questions and would ask for a favorable vote.

PRESIDING OPFICER: (/ENATOR WATSON) Is there any discusslon? Any discussion? If ehe question )s, shall Senate Bill 1096 pass. A11 those in favor, vote Aye. Opposed, vote No. The voting is open. Rave aLh voted who wish? Have al1 voted who wish? Have all voted Who Nish? Take the reeord. On that questlon, there are 55 voting Yesr voting No, no voEinq Present. Senate Bill 1096, having received the required constitutional majority, is declared passed. senate Bll1 l5l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37*h Legkslative Day Aprll 25: 1995 1106. Out of the reeord. Senate Bill 1107. Out of the record. I senate B:ll 1123. Senator DeAngelis? Out of the record. Senate I Bill 1124. Senator Phllip? Senator Philip, on k124. Out of the j record. Senqte Bl1l 1129. Senator Dillard? Out of the record. ! ; .. I Senate Bill 1186. Senator Philip? Senator Philip, on Senate Bill j 1186. Out of the record. Senate Bill 1187. Senator Dillard? Mr. Secretary, please read the bill. SECRETARY HARRY: Senate Bill 1187. (Secretary reads title of b(ll) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard. SENATOR DILLARD : Thank your Mr. President and Ladies and Gentlemen of the Senate. This bill makes three changes to the Statutes involving the use of an lnsanity defense ln criminal cases. It first narrows and redefines the legal test for insanity in the State of Illinois to coincide with What the 1aw is in the federal courts. It also increases the burden of proof on a defendant When he or she raises an affirmaeive defense of insanity to a clear and convincing standard of evidence, rather than the prepcnderant standard of evidence that is there today. And it also makes a change in cases Nhere an indlvidual has been found not guilty by reason of insanity and the individual is commltted to the Departnent of Mental Hea1th and Developmental Disabillties, that the individual has the statutory right to petiticn the trial judge to be released or transferred. It increases the time period to a I I hundred and Ewenty days from just thirty days when that petition I I has to by heard by the court. A test for legal lnsanity should I i no* excuse all those who suffer from a mental disease or mental I I lllness, and ehis btll, I believe, emphasizes that criminal I l52 . y , ' I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 responsibility, not criminal excuses, are the way to go in insanity defenses. Thks ks a bill that came from Ccck County State's Attorney Jack OfMalleyy and I'd be happy to answer any ' questionq. I PRESIDING OFFICER: (SENATOR WATSON) Further discussicn? Senator Geo-Karis. SENATOR GEO-KARIS: W1l1 the sponsor yield for a question? PRESIDING OFFICER: (SENATOR WATSON) Sponsor will yield, Senator Geo-Karis. SENATOR GEO-KARIS: Do I understand correctly that, under your bill, it is the defendant who may wlsh to press an insanity defense, that must show that he is -- that be has that defense by clear and convincing evidence? PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard. SENATOR DILLARD: Tha: ls correct, Senator. The burden of showing that is on the defendant. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Geo-Karis. SENATOR GEO-KARIS: rou are not messing around with the qutlty but mentalky i1l law, which I sponsored some years ago, are you? PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard. SENATOR DILLARD: No, ma 'am. PRESIDING OFFICER: (SENATOR WATSCN) I Further discussion? Senator Geo-Karis. I SENATOR GEO- XARIS: I I l53  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRTPT 37th Legtslative Day April 25, 1995 Mr. President, Ladies and Gentlemen of the Senate, concur witb Senator Dillard 's bill, and urge a favorable vote from everyone because this is well needed. I'm sick and tired of seeing some of these vicious people try to get out of thelr horrible acts by pleading insanity, and therels two schools of thought on tha*, psychtatrically. One school of psychtatry says that aceountability is therapy. The other school says, ''Oh, let them go; they didn't know what they were doing.'' I'm with the school of thought that says accountability is therapy: and I support the bill.

PRESIDING OFPICER: (SENATOR WATSON) Purther discussion? Senator Mclaro.

Thank youy Mr. President, Ladies and Gentlemen of -- of the Senate. Would the sponsor yield for a questlon?

PRESIDING OFPICER: (SENATOR WATSON) Sponsor will yield, Senator Molaro.

In -- in committee - and I -- I dontt know if you mentioned it now; I tried to listenr but I didn't hear all of - ycu said that you were thls is being changed to conform some federal law or some federal mandate. Could you tell me -- can you cite what law or khat -- that ycu may be talking about?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard .

Sure. Senator Molaro, this change places Illinois conformity With federal law which states that insanity is a defense Where, quote, ''the defendant, as a result of a severe nental disease or defect, was unable to appreciate the nature and quality of <sicl (cr) the wrongfulness of his acts.' And I would ask you to take a look at the Insanity Defense Reform Act of 1994 l54  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day Aprll 25r 1995 I Ksicl, which is 18 U.S.C. Sectlon l7. ' I PRESIDING OFFICER: (SENATOR WATSON) I Further discussion? Senator Collins. I bPg your pardon. I I @enator Molaro, did you have one? I be: your pardon. Senator ' I Molaro. 1 Just -- thank you, Mr. Prestdent. I'm -- I'm scrry. I should have kept my light on. Well, what -- what we're changing -- and naybe this ls to the bill and not really a question. What wedre changing -- obviously wefve had this M'Naghten test around for a lonq time, which -- in a senser codified the common law. The only thing I -- I want to make sure of -- there is no question, as the Senator from northern Tllinois just pointed out, everybody's sick and tired of some criminal hiding behind it. And I just Want to make sure that we understand that we have a -- we 've had for hundreds and hundreds of years - maybe back even to the Magna Carta. Want to make sure thah when we punish someone or say that someone is a crlminalr that he -- that tbey knew right from wrong; that we're not goins to have someone who is insane and did not either know right from wrong or was able to understand the consequences of his act, that we're going to punish someone that was insane. And I just to make sure in this -- this feelinq of -- of antl-crime as we go further and further and further, that Ne're not golns to -- wetre not going to miss what wedre here to do, and that is to make sure that we don't punish anybody that doesn't know the difference from rlght or wrong. And when we 're going to get in to these legalese - M'Naghten versus -- or changëng it, that we don't go too far, and I just Want to make sure welre not. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing none, Senator Dillard, to close. 1 I SENATOR DILLARD: I I l55 - - - - - - L - - - ..'-.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legtslattve Day April 25, 1995 Thank you, Mr. President. tes: for legal lnsanity sbould not excuse those who suffer from a mental disease or mental illness, and I do agree with Senator Mclarc, that there are cases when insanlty ls a valld defense. But if this were true, many indivlduals who commit criminal acts wculd not be considered insane. And I thlnk the test should excuse only thcse actors who are so irrational or so crazy or so out of touch With reality that they do not deserve a conviction. My bill will accomplish that goal by narrowing the test for insanlty. This bill emphasizes criminal responsibility and not criminal excusesr and I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) The questlon is, shall Senate B1l1 1187 pass. All those in favor will vote Aye. Opposed, vote No. The votlng is open. Have al1 voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 56 voting Yes, voting No, no votinç Present. Senate Bill 1187, having received the required constitutional majcrity: is declared passed. Senate Bill 1188. Senator Dillard? Out of the record. Senate Bill 1194. Senator Rea? Out of the record. Senate 1197. Senator Raica. Please read the bill, Mr. Secretary.

Senate Bill 1197. (Gecretary reads tktle of bill) 3rd Readtng of the bkkl.

PRESLDENG OFFICER: (SENATOR WATSOS) Senator Raica.

Thank your Mr. President. Senate Bill l97 <sic> just amends the Revised Cities and Villages Act. It's merely a vehicke billr and it's out there case somethkng goes wrong, and -- just hope we can pass it over. l56  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25: 1995

PRESIDING OFFICER: (SENATOR WATSON) I Is there any discussion? Any discusskon? Seeins none, the j question is, shall -- should -- Senate Bill 1197 pass. A11 Ehose ' i in favor, vote Aye. Opposedy voke No. The voting is open. Have I all voted Who wish? Have all voted who wish? Have a1l voted Who wish? Take the recard. On that questlon, there are 55 voting ïes, no voting No, l voting Present. Senate Bill 1197: having received the required constitutlonal majority, is declared passed. Senate Bill 1203. Senator Barkhausen. Mr. Secretary, please read the btll.

Senate Bill 1203. (Secretary reads title of btll) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR WATSON) Senatcr Barkhausen.

Thank you, Mr. President and Members. Senate Bill 1203 is a recommendation of the Business Corporation Act Advisary Ccmmittee on the Secretary of State's Office. It was a -- a bill that was on the Agreed B(l1 List in our Judiciary Committee: and it attempts to clarify that the voting rights of shareholders, owners of what are known as super votlng shares, are entitled to more consideration than the voting rights of holders of simpky common shares. I ask for your support.

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

Pointofpersonalprivilege. 1 PRESIDING OPFICER: (SENATOR wATsoN) I J Please state your point, Senator. I I SENATOR GEO-KARIS: I l57 ' . )  STATE OP ILLINOIS 89TH GFNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislattve Day April 25, 1995 I i l Therê's some bklls that relate to municipalities, and I just 1 voted on one, and I just wanted everyone to know that I may have had a conflict because f am a village attorney. And for the rest of this Session, I'm deckarinç that I am a village attorney, and I'm qoing to vote my conscience. So I just want to clear up if there's any conflict.

PRESIDING OFFICER: (SENATOR WATSON) Thank ycu. The record Will so reflect. Is there further discussion? Senator Clayborne.

Yes, I'd also like to make the same comment; that I do represent a municipallty as well, and I'm declaring a conflict and I will vcte my -- I dld vote my eonscience . Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Thank you. We're back on Senate Bill 1203. There seems to be no discusslon. So, the question is, shall Senate Bt1l 1203 pass. Those in favor Will vote Aye. Opposedr vote No. The voting is open. Have a11 voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the reeord. On that questicnr there are 56 vatinç Yes, l voting No, no voting Present. Senate Bi1L 1203. havins received the required constitutional majority, is declared passed . Senate Bill 1204. Senator Hasara? Mr. Secretaryz please read the bill.

Senate Bill 1204. (Secretary reads Eitle of b1ll) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara. SENATOR HASARAJ Thank you, Mr. President. Senate Bitl 1204 ls What youfve all 1 readabout,betterknownastheDeadbeat Parent Bill. It creates 1 158 . l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 the Famlly Finaneial Responsibility Law to suspend the drlvins I privileges for noncustodial parents who are ninety days cr more ; I delinquent in paynent or support or has been adjudicated in i I arrears in an amcunt equal to nlnety days of obligation or more. I .. 1 There's been a lot in the media about this whole idea in the last I I few weeks. We know from experience that other states who have this bill have actually had to suspend very, very feW licenses because it's amazing what an incentive a driver's license can be. I know from my days as circult clerk Ehat not only in the area of child support, but in other areas, that there is no incentive greater than a driver's license to talk someone into doing something. There is one other thing that I mentioned in committee that I would like to polnt out to you. In researehing this lssue, I came across one of the most dtsturbing statistics T've ever seen, because it illustrates Eo me just how distorted our priorlties have become. This is the statkstic: The default rate on child suppork payments is more than flfteen times th1 defaulE rate on car loans. I think that's an extremely sad commentary on society today, and I would ask for a favorable vote and Would be more than happy to answer any questions.

PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Senator Shaw .

Thank you, Mr. President. A coupke of questions for the SpOnSOr.

PRESIDING OFFICER: (SENATOR WATSON) The sponsor Will yield, Senator Shaw.

Now, Would you expkain how Ehis suspension will wcrk, as it 1 relate to -- I guess, lt's either late child support -- late child I I support -- nonsupport payments or -- I assume they would have been I I in the court ar something. I 159 '< L - - - z- . . .. . . - - - . .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

That's correct, senator. The suspension wlll be as a result of a hearing of the court.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

And thls is Where a order has been issued by the circuit some court this State and where that the payments ls supposed to go through the county clerk?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

Well, the circult clerk usually has the records, and they wlll be available to the judge. It be an order the judge.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

Are you -- are you totally familiar with Cook County up there? And it's not that -- we have a very fine clerk up there who doing an outstanding job, but because of the backlog and we deal with a number of out-of-state cases in Cook County up there, and sometime the records don't akways follow the person when they move to Cook County or anywhere else in the State, for that matter, or any other eounty. Are you familiar with, they Would show a deficit in the clerk's office and -- and the person is not the arrearage in terms of chtld support?

PRESIDING OPFICER: (SENATOR WATSON) Senator Hasaca.

Senator, lt's a very good point. As With any court hearing, l60  STATE OF ILLINOIS 39TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 the noncustodlal parent will have the opportunity to answer the charqe and to prove that the records are tncorrect.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

guess thls is more or less to the -- to the bill. know get about four or five of these a year, and particularly where that the -- the Revenue Department has stopped payment on the person's income tax. And these persons are not in the arrearaqe - Eheydre not in the arrearage - and understand What your intention terms of thisr and I totally agree with you a hundred percent. I think that people -- parents should make those chlld support payments. But where you're going to suspend the license, based upon the records from the various clerks offices and the Internal Revenue, I suppose, then you 're goëng to get a 1ot of people -- an awful lok of people caught up into a situation where that they 're going to be driving around with suspended license and they are not in the arrearage. Because I just had a case from Pennsylvania, and -- where this person traveled here from Pennsylvania. They withheld his income tax three years in a row, and tbe man don 't owe a dime. He have payroll deduction. I've sent that record to the Department of Revenue three times, and finally they got it straightened out. But if he hadn't came by my office, then that gentleman would be running around With no driver's license and he happens to be a salespersonr and he need his car. And I'm wondering, how do you handle a sltuatlon llke *hat?

PRESIDING OFFICER: (SENATOR WATSOH) Senator Hasara. SENATOR HA6ARA : Senator, under this bill, that gentleman would not be driving -- Would not be losing his license. Pirst of this must be an 16l ' j I STATE OP ILLINOIS . 89TH GENERAL ASSEMBLY . REGULAR SESSION ' I SENATE TRANSCRIPT I 37th Legislative Day April 25r 1995 order of an Illinots court. Secondly, yculre talking about tax refunds, and that's a totally differenk manner, 1'11 bet T handle more child support requests than anybody in the General Assembly, and I certainly have my share of those tax refunds that are incorrectly intercepted. The difference is that, under that procedure, the records of the Departmen: of Public Aid are used to verify an arrearage. We are not uslng the records of the Department of Public Aid under this bill. Sc that would not happen under my bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw. SENATOR SHAW: No, I'm noL primarily using the Department of Public Aid. A Illinois ccurt did issue an order knockin: out the -- the Department of Public Aid, along with the clerk 's office . But somehow or another, that order never got through. But I'm talking about just a plain Illinois case, a order that was issued by the Circuit Court of Cook County, where that a person in that office up therer with the thousands and thousands of casesx and certainly you're going to get -- have some problem With themy where that that person is no* in the arrearage. Theyfre on payroll deduction. And nany of them, I've had some CTA drivers on payroll deduction and -- but yet, the clerk's offieer scme kind of way -- I don 't know whether it come from the Department of Public Aid or where it -- where they get their information from : but they show an arrearage. How do we deal with that in this bill? PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara. SENATOR HASARAI Senator: you're comparing apples and oranges. That is a totally separate manner. We don't deal with that in this bill. This bill -- this -- tax interceptions rely on records from the ! I 162 i .y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legisla*ive Day April 25, 1995 Departmenk of Publfc Aid. We deliberately left the Department of Public Aid records out of tbis bill. Th9 noncustodlal parent Jan go to court and prove that he is not in arrearage.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw .

don't -- I don't mean to prolong this -- this debate heree but it's my understanding -- having worked at Publlc Aid, I'm very familiar bow Public Aid work. Having been a clerk of the court, I'm very familiar With how the court wcrk. This bill - and I Want you to tell me if I'm right this bill will use the circuit court clerk's records as we know them today...

PHESIDING OFFICER: (SENATOR WATSON) Senator...

. .. and khat's what this blll ls predicated upon and that's What we are going by in order to suspend somebody 's rights.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.

The difference in this case and in tax intercepttons is that the -- the noncustodial parent, if he or she feels that he or she is not in arrears, may go before the judge and show that he or she is not.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.

To the bill. To the bill: It's my underseanding - and I understand this bill, I believe - this bill calls -- this bill -- if the Secretacy of State's Office receive notice from the -- some clerk's office anywhere in Illlnoisr that this person shows *he -- one of the parents is in the arrearage in terms of child support, l63  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 that lieense will be suspended. Now, many times, 6he parent -- the natural parents or the custodlal parents don't knoW that because they have, on payroll deduction, patd directly to the clerk's office. They deduct out or their check. The employer sends the money to the clerk 's office. The clerk's office -- and many counties, maybe they don't have the right posting procedure, bu* shows an arrearage. When that gets to the State -- to the Secretary of State's Office, thak means that that person's license goin: to be suspended. Ilve had awful lot of cases like that: and what I'm saying sugsesting to you here ls that maybe we need to look at this a little bit farther, in terms of coming up with a better solutlon, because I know that there is a baeklog of eases a backlog of cases dealing with thls subject matter. And you're going to suspend a awful lat of people's license When they are not in the arrearage and al1 of those -- many of *hose people are in are they don 't pay it themselves, individually, to the spouse -- or to the chlldren; they pay it to the -- directly to the court. And it has nothlng to do with the lncome tax interception. I'm not talking about that. talking abcut the payroll deduction par*, where that they still shoW an arrearage when it's a payroll deductian.

PRESIDING OFFICER: (SENATOR DONAHUE) Senatoc Collins.

Just one questlon for clarificatton. Senator...

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she'll yield, Senator Collins.

.. . under mos: existin: laws Where non-traffie viclations the suspension of licenses for non-traffic violations, there are provislons there for hardshlp and, for example, if someone uses h1s or her truck or automobile - a car, whatever - for the purpose l64  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 of work, and I don't mean necessarily for transportation, but some people like insurance salesmen, other kind of -- of construction I workers, use their driver's license as a means for -- vehicle for I I Work. Are there any restrictions to allow that person tc continue I working, because you defeat your purpose - cn a restrictive basis - because you will defeat your purpose if youy in fact, take away the opportunity for that person to work and actually earn the money to catch his or herself up from the arrears.

PRESIDING OEFICER: (SENATOR DONAHUE) Senator Hasara.

Senator, yes, you're exactly right. The blll does allow the court the discretion to issue a family responsibility driving permit nct anly for work purposes, but ror medical care purposes.

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

Fcr point of personal privilege, and I apologize, but this debates gone a little long and my guests are leaving. In the gallery are -- are the students from St. Kieran's School in Chicago Heights, 1ed by thetr Wonderful teacher' MissAlice j O'Brien.

PRESIDING OFFICER: (SENATOR DONAHUE) Will you please rise and be recognized by the Senate. Further discussion? Senator Sieben.

Thank you, Madam President and Ladies and Gentlemen of the Senate. I just rise briefly in support of the legislation. I'm sure,likemanyotherofmy colleagues here,this is one of the j most difficult lssues that we deal with in the area of constituent I services in our district offtces. It's frustrating when mothers - I single mothers, normally - come to our district and ask us for ë 165 ' - - r- - - - - - .  ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I I 37th Legislative Day April 25, 1995 help in the collectton of child support, and ge don't have many tools to enforce the payment of ehild suppcrt. This legislatlon has worked well in other states. It has proven to be an effective means of enforcing court-ordered child support payments. I think the legislation is properly drafted. I think it kill give us some additional tools to enforce this payment of child support. I think the nonpayment of child support is -- is one of the greatest crlmes against children in our State and across our country. I commend the sponsor for her leadership in -- in carrying this legislation and also to Secretary Ryan for -- for gettlng the bill in proper form so that it can be passed and enacted and enforced. And I think it's the kind of issue that we should all be suppcrting and that we should move forward with fifty-nine vo*es ln Ehe Senate. Thank you. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Palner. SENATOR PALMER: Thank you: Madam President. I have a question of the sponsor. PRESIDING OFFICER: (SENATOR DONAHUE) Tndicates she'll yield, Senator Palmer. SENATOR PALMER : Senator Hasara, Ifm familiar With some of the track record that this bill has. I've Been listening to it, and I'm pleased with the results. But I did have a few questions. Is there a perlcd of grace for the -- the father before this sancticn is tmposed? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hasara. SENATOR HASARA : Yes, Senatory there's a grace period of sixty days, and as you mentioned, it's been proven in other skaEes that that grace perlod has Proven to be vêry, very effeetlve. l66  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislattve Day April 25, 1995 PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Palmer. I I SENATOR PALMER: / And last questionl What -- do you have any information about 1 haw quickly these kicenses have been redeemed? I know each system is different and that's what Senator Shaw was talklng about - there's a backlog. But just on the whole, how quickly have the licenses been redeemed when the sanction is imposed? PRESIDING OFPICER: (SENATOR DONAHDE) Senator Hasara. SENATOR HASARA: No, Senator, I don't have that information, but there have been very, very feu actualky suspended. PRESIDING OFFICER: (SCNATOR DONAHUE) Further discussion? Senator Jacobs. SENATOR JACOBS: 1 Thank ycu, Madam President, Ladies and Gentlemen of the 1 Senate. Would the sponsor yield for just one quick question. PRESIDING OFFICER: (SENATOR DONAHUE) Indicates shesll yield, Senator Jacobs. SENATOR JACOBS: ' As I read the bill, the -- the elerk af the circuit court shall be entitled Eo a fee of flve dollars for certifications made to the Secretary of State, and then it goes on, it provides that thls fee shall be deposited into the Separate Maintenance and Child Support Collectton Fund. Is that money then returned to the clerk of the circuit courtr or is that a fund that the clerk of 1 the circuit court mainta#ns anyway? And is five dollars enough? g PRESIDING OFFICER: (SENATOR DONAHUE) ! I Senator Vasara. I i SENATOR HASARA : I I'm not positive I understand the questiony but I -- the 1 I l67 g .. . '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 clerks have signed off on the ftve-dollar fee, and it's my ; understandlng, they have the dlscretion. ! I PRESIDING OFFICER: (SENATOR DONAHUE) ' Further discussion? Senator Geo-Karis.

Madam President and Ladies and Gentlemen of the Senate, it's kind of a sad day in the history of Illinois when people who owe loans on cars, there are fifteen times as many Nho owe money to support their children. This is not a male thing. It's male or female. If it's a wife that's supposed -- ex-wife supposed to support the children, she's got to do it. I think it's a good blll, and I think it's high time that We do sonethtng about it because it's costing the taxpayers a heck of a 1ot of money when we cannot get the people who have the children to support their chlldren. I speak for the bill.

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

Thank your Madam President. Let me say, I don't know if it's a question or not. So 1'11 -- 1111 start out by saying that. Obviausly, in today's age, drivin: a car is -- maybe it started ou* as a prlvilegez but it almost becomes a necessity in today's age. And that's why When this came up in Maine: it's such a big successr because much like scofflaw with Ehe parking tickets, you 1et someone know that you're gcing to take their driving privileges away: you certainly grab their attention, and it's very important fcr deadbeat dads ko understand this. However, What I - - I guess the question I'm asking is -- we were talking about the - - the permit to allow them to drive to and fron Work. So I have to ask this question: Do they get it automatically, or do the -- do the deadbeat dads have to go out and ask for a petition? PRESIDING OFFICER: (SENATOR DONAHUE) I I l68  STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 I i ; Senator Hasara. / I SENATOR HASARA: l Senatorr the deadbeat parents must ask. This whole procedure is a court procedure anyway. So it is part of the -- af the hearing. They don't have to go in for -- for a special hearing. It will be part of the original hearing; they may ask for a permit. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro. SENATOR MOLARO: Okay. Is it automatically granted, or would it be the dlscretion of the trial court judge? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hasara. SENATOR HASARA : It's the discretion of the trial court judge. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Shaw: for a second time . SENATOR SHAW: I apoloqize, Madam President. But the -- I had one question I wanted to ask... PRESIDING OFFICER: (SENATOR DONAHUE) Tndicates she 'll yield, Senator Shaw . SENATOR SHAW : Are you amenable to trying to work out something in the House for the people that are -- for the parents that are on -- on payroll deductlon? That's the only problem that I have with the bill. And it seems as though that -- ta 9e, that We should make -- try and make some accommodations for those parents, and I kno? that they a:e paying, and we should -- we shouldn't have them taking a day off work, losing additional mcney, when they - maybe the kids could get that - when they alrgady have paid. Would you j I l69 ------ ------.-----. - x ---.. --. -- L. . '- . .. -- -. - -. -. .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 be willing to ...

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hasara.

Senator, most parents now make their support payments through payroll deduction. That's the easy one. The difficult one to prove is when they dcn't pay through the court. If they simply pay to the ex-spouse directly, then there is absolutely no official record of the payment, and tha*'s when it becomes more difficult.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.

The only question I asked and I understand What you're saying is the only thing I'R asking, are We anenable, in this bill, ln case the records get a1l screwed upr you will, one of the clerk's office, is there any way that We could try and Work out some accommodations for those parents that are on payroll deductions? I'm not trytng to do anything other tc -- other than :et the children thelr money.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hasara.

Senator, that's what we're trying to do toor and they have that under this bill. That's why this is a court proceeding, so the noncustodial parent has the oppcrtunity tc go and dispute the record if he or she feels it is incorrect.

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

think you're al1 familiar with the terms of the bill. We l70  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 I know this is a huge issue not only in Illinois, but across the country. Itss coming up at the federal level. We are 1.3 billion I i dollars behind in the collection of child support that we know ' abput in the State of Illinois. Other states have passed thls, and it has been extremely successful: and I am convinced that with the leadership of George Ryan leading the charge on this billr that it will also be successful here in Illinols. And I ask fcr a favorable vote.

PRESIDING OEFICER: (SENATOR DONAHUE) The question ës, shall Senate Btll 1204 pass. Those kn favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a1l voted Nho wësh? Have all voted who wksh? Take *he record. On that question, there are 57 Ayes, no Nays, and 1 voting Present. Senate Bill 1204, having received the required constitutional majority, is declared passed. Senator Barkhausen, on Senate Bill 1205? On page -- page -- top of page 7, on the Order of 3rd -- senate Bills 3rd Readingy is Senate Bill 21. Senator Butler? Out of the record . Senator Maharr on Senate Bill 46. Read the bill, Mr. Secretary.

Senate Btl1 46. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

Thank your Madam President and Members of the Senate. This is the Brownfields bill. It seeks to modify, streamline and encouraqe remediation of property which is contaminated With regulated substances. Some of the features are as follows: Cleanup levels are determined based on risk encountered at the site; after considering the future land use, protection is 17l .y '  STATE OF ILLINOIS 8925 GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I I 37th Leglslatlve Day Aprll 25, 1995 I 1 provkded to prevent a property from being utilized in a manner inconsistent Nith the achieved level of cleanup ; the revtew process is prlvatized to reduce costs and administratlve burdens to the IEPA while prctecting against improper acticns via an audit procedure; the liabilkty provisions regarding cost apportionment and covenants not to sue are made compatible with current law; and voluntary sùee cleanup is encouraged by allowing a twenty-five percent credit against corpcrate tax obligations. Must advise the Members that the negotiations for this are ongoing. This is not the final version of this billz but 1'11 try and answer whatever questions there may be.

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

Thank youy Madan President, Ladtes and Gentlemen of the Senate. That was gcing to be my only question, Senator Mahar. It was my understanding, because at that time: you had some Members that weren't on the -- the floor in committee. We helped you get this cut with the idea it Would be held. Is this bkll then going to be -- be -- be amended whenever lt gets over to the House? Is that your intention wlth this plece of legislatlon?

PRESIDING OFFICER: (SENATOR DONAHUE) Genator Mahar.

Thank -- thank you, Madam Presldent. Senator, I -- I think the -- the agreement uas with Ehe -- with the lone opponent, which is the Illinois Environmental Council, that they Would be alloWed to come to the table and we would continue to negotiate, but there was -- there was no reason that they -- they -- they agreed that we would move the bill -- bilk forward to accommodate our -- our timetable around herg. And -- and we fully intend this bill tc be - - there's no way that this is going to be signed lnto law as you 172  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 37th Leqislatsve oay April 25, 1995 i see it today. I

PRESIDING OFPICER: (SENATOR DONAHUE) Further discussion? Senator Palmer. SENATOR PALMER: . Thank your Madam President. A question of the spcnsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he fll yield, Senator Palmer.

Senator Mahar, I'm not sure that I have all the information on this bill. Where are the environmental groups on this bill, number one? And secondly, am I reading this correctly that we're giving a tax credit for -- for five years and that that has the potential of costing the State two hundred and sixty million dollars per year over the next five years?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

Thank youy Madam President. The Second Floor, in our very first meeting, has advised a11 those at the table that they have absolutely no interest in a tax credit whatsoever. So, iE is eonceivable that this bill will come back before us without that component, and that is not, by far, the most (mportant component. The principal area that the Illinois Environmental Council has deals with that portlon of the -- of the bill which privatizes part of the review process; however, they -- the -- and the EPA also has an objection with that part. So the -- the Governor's Office, the -- the business groupsy the Illinois Bankers, the environmenEal qroups, myself, Representative Perskco, are a1l workin: towards final conclusion ln that, but We haven't reached lt as of this poink.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer. l73  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25: 1995

Just another question - a scenarlo : Across the street from my . office is a vacant piece of land that used to have a filling statlon on it, and I understand that developers have not done anything with it, although they 're inkerested. It's a -- prime plece of property, but they have not done any work on it because the underground tanks are still there and still problematic. Now, i is the intent of this bill then to give them some relief and ability to develop this land without making the proper environmental checks?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

Thank you, Madam President. Well, firsk of allz the -- there are certain things which are not includedr certain -- certaln contaminated sites Which are not included in this proposal. One would be underground storage tanks. A number -- another Would be Subtitle C and Subtitle D sites, or Super Fund sites. But let's say it was something else. Let's say it was an industrial site across the street. The -- the risk assessment would be based upon what is compatible. In other words, you 're not going -- you lre not gotng to be able to put something that would endanger a residential neighborhood. It would have to be compatibke with the existing site. The cleanup Would be ccmpatible wieh the existing site. Such thatr lf it was an industrial slte, the lntent would b8, lf another industrial site would come in, you wouldn 't have to clean it up to the level if they put up houses.

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

I had a question of the sponsor. PRESIDING OFFICER) (SENATOR DONAHUE) I l74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25# 1995 I Indicates he'll yieldr Senator Welch. ! SENATOR WELCH: I SenatorMahar,do youhave anestimateofthe-- yearly cost 1 I thiswlllcosttheStateoflllinoiyforthese--thisbill? 1

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

Thank you, Madam President. The only component that -- Where there Would be a -- a direct cost Wauld be the -- I think youfre referring to the eax -- or the tax creditr the twenty-five percent tax credit. A fiscal note has indicated that there is an estimate of five thousand sitesz and it could cost, according to the Director of the Department of Revenuer two hundred and sixty-seven million. Two points to that: number oner I just detailed they -- there are four classification of sites which aren't even included, so I think the five thousand sites are erroneous. However, I don't Ehink the Governor is going to agree to any tax credit in this bill, and I thinkr should We move it forward and allow negotlations to go on, it will probably come baek without that component.

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

Senator, is that Ewo hundred and slxty-seven million dollars a year over five yearsz or is that a two hundred and sixty-seven million dollar total?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

I thënk Ehat is a total, Senator Welchr and it's based upon the five thousand sites.

PRESIDING OFFICER: (SENATOR DONAHUE) 175  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 Further discussion? senator Welch. Got to be quick, Pat.

Well, Senator, why do we we want a -- Want to give a two-hundred-and-sixty-seven-million-dollar subsidy to companies that are caustng pollution? Now, there 's another bill floating araund General Assembly Ehat Eenator O'Malley sponsorkng. Now, he's trying to ellminate a inclnerator, saying that the State is subsidizin: that for about three hundred million dollars. Here, on the other hand, we have a bill that weîre subsidizing industry *wo hundred and sixty-seven million dollars for pollution. To mer this sends the Wrong message. says that you pollute, oh, there 'll be an amnesty; wedll take care Lf you; don't worry abcut cleaning it up; we're goin: to change the rules so that it's not really cantaminated anymore. It seems tc me that this is something that goes hand hand wkth this kncinerator proposal of -- of Senator O 'Malley's. I I don't see how one person could be for that and be for this as well. This is totally taking money out of individual taxpayers' pockets, sending it to large corporations and saying, ''Well, we know you didn't really mean Eo pollute, and we know you made a lot of proflts, but, hey, we're willing cough up two hundred and slxty-seven million dollars as part of the NeW Republican Order.'' Thank you.

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

Thank youg Madam Fresident. Wi11 *he sponsor yield a question?

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

According to page 4 on our analysis, it says that the EPA opposes the automatic release because they have no review of the l76  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 I site cleanup. The Attcrney General's Office feels that this I covenant not to sue is problematic, as it does not require any I consultation wktb the Attorney General and therefore impinges on the constitutional power of the Attorney General. Right nowr on 1 -- I have a case going tn -- ën my county that lnvolves Ogden Avenue. It involves Thornton Oil, which a -- which fs a foreign company, who is doing everything they possibly can not to clean up the site. They have pulled the tanks. They have not cleaned up neither their sitey nor the oil that has leaked under Ogden Avenue, nor the oil that has leaked on the land beslde them. They have -- we have been after him for approximately six years trying to get them to do scmething. It is now in the hands of the l Attorney General and the State's attorney. Are yousaying thatr 1 under ehis bill, we 're going to say, ''Thornton Oilr it's perfectly ) ! okay for you to thumb your nose at everybody in Dupage County and this little o1d lady who's ninety-two years old: Who's been trying to get this site cleaned up so she can sell it and get cut of her little, tiny houseo? Is that what this bill does?

PRESIDING OFFICER: (SENATOR DONAHUE) SenatorMahar.

J 1 Thank you. Thank you, Madam President. You've included a 1 whole number of tssues there, Senator Fawell. And first of all, let me address the fact that the Attorney General wasn't - a representative - was at aur very first meeting, and more than llkely his problem wlth the covenants are probably one of the mote easier ones to solve. But that is part of the negotiating pracess going on dealing with the privatized review of these sites. As far as to your site in Dupage County -- and I'm not -- I'm not familiar with the specifics of that, but if that's a site thae is something like Wisconsin Steel that's -- that's abandoned, the purpose of thls for your little site, or for Wisconsin Steel, is 177  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 l to get in a risk-based proqram where we can get something back in there, get a -- get a -- a business back in there employing j people. I think iE's the exact thing, that if you gave this to your little business owner: they Would probably embrace ity because they would see this as a step forward. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell. SENATOR FAWELL: This site is owned by Thornton Oi1. They -- they 're not going to give up -- it's at Maln and Ogden. As you know, that used to be ln your district: in Downers Grove. Well, it was just past your distrlct. They're not going to give up that site, nor are they going to clean it up. You knowy what I'm asking you ls - noW you 've taken the -- according to this, you've taken the Attorney General's power away to go in and sayr HClean it upm'' Is that true? Or am I reading the analysis wrong? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar. SENATOR MAHAR: No, absolutely not. We 're not taking the Attorney General any powers away whatsoever, and itls only -- they Would get a covenant not to sue only after they 've cleaned up the site. PRESIDING OPPICER: (SENATOR DONAHUE) Further discussion? Senator Clayborne. SENATOR CLAYBORNE: Just like to announce that I represent a city and I have -- may have a potential conflict; however, I Will vote my conscience. PRESIDING OFFICER: (SENATOR DONAHUE) That's always in orderr sir. Sena*or Welch, for a second time. SENATOR WELCH : Yes. I'm sorry to rise a second time. Somebody asked me this 178 , ( '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legkslative Day Aprtl 25, 1995 queskion and I wanted to ask Senator Mahar. Senator Maharr Would this give a -- a tax break to Kerr-McGee Corporation for khe thorium tailings there in Kane County, in Senator Karpiel's district?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

?ou know, that question came up at committee and was asked by Senator Karpiel. It has no impact on that site Whatsoever.

PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Seelng one, Senator Mahar, to close.

Yeah. I would llke to close with makin: one final noter Madam President and Members, and 1* deals with the issue of the twenty-five-percent tax credit. First of all, the issue of a tax credit in and of itself is nct onerous, because We're giving it to the -- not to the person who owns the property: but rather the person that ls going to clean up the property. However, as Idve said three times before, and 1et me say again: I don't believe that that component going to be in this When it goes to the Rouse and ls put in its final form, and the reason for that is that the Second Floor is totally opposed to Ehat. And with that, I would ask for your support.

PRESIDING OFFICER: (SENATOR DONAHUE) Qhe question shall Senate Bill 46 pass. Those in favcr will vote Aye. Opposed, Nay. The voting open. Have voEed Who Wish? Have all voted who Wish? Have a1l voted Who Wish? Have a11 voted who wish? Take the record. On that questlon: there are 33 Ayes, 21 Nays, 1 voting Present. Senate Bill 46# having received the required constitutional majority, is declared passed. Senator Raica, on Senate Bill 64? Read the bill, Madam Secretary. l79  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

Senate Btll 64. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Raica.

Thank you, Madam Prestdent. Amendment No. 3 becomes the bill. I'd like to thank the Transportation Committee for helpins me clean the bklk up. What it does is# current laW states that any person whc makes <sicl a written request for judicial hearing to request that a statutory summary of supervision <sic> be rescinded upon notice of the supervision Ksicl. This amendment would require tbe person to request a hgaring Within ninety days. The original blll had forky-five days. It also includes a provision from the State -- I'm sorry, from the State Police with -- dealing with persons who are caught driving in Illincis while their driver's license was suspended in another state. The Secretary of State's Office also supports this piece of legislation. It came from various State's attorneys throughout the State of Illinois, and I just ask for your support.

PRESIDING OFFICER: (SENATOR DONAHUE) Is thete any discussion? Any discussion? Senator Jacobs.

Thank you, Madam President, Ladtes and Gentlemen of the Senate. Would the Senator yield for a question?

PRESIDING OFFICER: (SENATOR DONAHUE) Indlca*es he dll yield, Senator Jacobs.

Senator, as I read this bill -- I have a definite problemy which I think I expressed in committee, in regards to out-of-state convkctions that prior to Ehis poink were not part of the mix, and l80  STATE OF ILLINOIS 8925 GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Leglslattve Day April 25, 1995 ' 1 now they'te going to be part of the mix. But in regards to those 1 l who had a revocatlon provisicn for a convlction of -- for a person under the age -- twenty-one years of age for DUI are applicable to slmilar out-of-state convkctions, under the -- the fact -- with the fact that We did, in fact: pass the zero tolgrance bill, Will that affect Ehose that are found quilty under the zero tolerance bill for underage drlvers? W11l they...

PRESIDING OFFICER: (SENATOR DONAHUE) Senator...

... that be counted as a revccation?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Raica.

I would have to ask Senator Jacobs a question 'cause I'm unclear. Senator Jacobs, are we talking about if this indivldual is caught in another state under zero tolerance and that state has a zero tolerancer or if he's in this State and has a zero tolerance? If he's in this State and have a -- has a zero tolerance, obviously. But if he 's in another state that does not, nO .

PRESIDING OFFICER: (SENATOR DONAHUE) senator Jacobs.

Well, it appears to me that what we did with the zerc tolerance bll1 is we, in effect, said Lhat that would not be held against that individual who Was arrested under a zero tolerance 1aw for a -- a subsequent DUI; that it's strictly -- it's not a recordable offense and khat *he nqxt ane after Ehat woutd be a -- a second offense. And I just want to know if that applies in this case, or lf we're changing already the zero tolerance law.

PRESIDING OFFICER: (SENATOR DONAHUE) 181  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day April 25, 1995 I Senator Raica. SENATOR RAICA: i I Is thequestion, Denny, ''Are we changing zero tolerance for 1 ; minors by this?'' Is that -- is that the question?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

The question basically is -- and the laW -- I mean, as I read it, it's falrly explicit to DUI, which is a little different Ehan the zero toleranee. I just want clarifLeation. If -- Lf a youngster is arrested under the zero tolerance law, Which noW is not included as a recordable offense, will that be now under this law included as a -- a offense and then the next DUI would be a second offense?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Raica.

Madam President and Senator Jacobs, if it's not recorded, it's not recorded, and that's obviously not my intent that -- that we would do that.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

Thank you, and I think that -- that probably clears it up, because *he flrst one is supposed to be an adminlstratlve offense only and not a -- a offense of record. But I do still have a problem, uhich I indicated earlier I'm not going to stand in the way of this bill; it's probably got the legs to fly. But yet, at the same tine, We have to keep tn mind there 's a lot of people Who may have had a DUI four years agc, and Without this bill - in another state - and without thls blll now, if this bill passes, I that bill <sic> is going to be brought ln as prima facia evidence l82  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 of a first offense because of the fact that this law is, and I just want the people to be aware of that. Thank you.

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

Madam President, and tf I may, Senator Jacobs, if between here and the House there seems to be a problem With the zero tolerance and there is a question, I assure that I Will make sure an amendment goes on in the House. Thank you/ Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) The question isr shall Senate Bi1l 64 pass. Thcse in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wlsh? Have a11 voted who wish? Have all voted who wish? Take the record . On that question, there are 51 Ayes, 2 Nays, none vcting Present. Senate Bill 64, having received the required constltutional majorlty, is declared passed. Senator Raica, on Senate Bill 80. Read the bill, Madam Secretary.

Senate Bill 80. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Raica.

Thank you, Madam President and Ladies and Gentlemen of the Senate. In the -- in the Mccook Dtstrict: We had a problem with the reservoir and the MWRD. What this bill basically did is took the quick-take power away from the MWRD. What was suggested by the Local Government Committee and actually Senator Viverito and others is that we kind of limit this and not hurt the MWRD because of their deep-bunnel project throughout Cook County. NoW thls 183  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 bill is very specific to the Mccook Reservoir only and the quick-take power of the MWRD, and I would just ask for the support.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any questions? Any questkons? Seetng none, Ehe question is, shall Senate Bill 80 pass. Those in favor will vote Aye. Senator Geo-Karis.

Question for the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Geo-Karis.

Do you stlll have the quick-take provisions in the -- in the bill?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Raica .

Senator Geo-Rarls, the quick-take provisicns that are currently in the 1aw are in the law, except when i: comes to the Mccook Reservoir. We have taken the quick-take pcwer away from the MWRD, and it is very specific to cne project.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Seeing none, the questton is# shall Senate Bill 80 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who wish? Have all vcted Who Wish? Have all voted who wish? Have a11 voted who wish? Take Ehe record. On that question, there are 42 Ayes, 9 Nays, none voting Present. Senate Bikl 8Qz having received the required constitutional majority, is declared passed. Senator Dillard, on Senate 3111 124. Senator Fawell, on Senate Bill 126. Read the bill, Madam Secretary.

184  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legtskative Day April 25: 1995 Senate Bill (Secretary reads ti*le of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.

Thank you very much . This legislaticn Will add mentally ill homes tc the exemption under real estate under property taxation. Rlght now we have developmentally disabled, homes for the aged, and this is addin: the mentally ill.

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

Thank you, Madam President. I just wanted to remark on this bill. Our side voted unanimously for it and we didn't have a problem with but is so specific that I think we should be very observant as we go on giving tax exemptions and not make them so specific that we end up with so many that we don't have any general oversight or sense of where we're going With this. So, I'm for this billz but I dc cautlon that we not take thls path too often.

PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussicn? Seeing none, Senator Fawell, to close.

I'd jus: ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bill 126 pass. Those in favor wkll vote Aye . opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted who wlsh? Have a11 voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, voting Present. Senace Bill 126, having received the required 185  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 37th Legislatëve Day April 25, 1995 constieutional majcrity, is declared passed. Senator de1 Valler on Senate Bill 123. Or: 130. Read the bill, Madam Secretary.

Senake Bill 130. . (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OEFICER: (SENATOR DONAHUE) Senator del Valle. SENATOR dEL VALLE: Thank youy Madam President. Senate Bill 130, as amended, prohibits a former Chlcago Board of Education employee, for a perlod of one year after leaving employment With the Board, from entering into a contract with the Board, and makes a violation of this prohibition a business offense. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Sill 130 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted uho wtsh? Have a1l voted who wtsh? Have all voted kho Wish? Take the record. On that question, there are 57 Ayes, no Naysr 1 voting Present. Senate Bill 130, having received the required constitutional majority, is declared passed. Senator DeAngells, on Senate Bill 135. Senator Woodyard, on Senate Bill 141? Senator Cullerton, on 161. Read the bill, Madam Secretary.

Senate Bill 161. (Secretary reads title of btll) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

Thank you, Madam Presidene, Members of the Senate. This bill l86 . y . '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 designed to close a -- what some describe as a lcophole in the current passenger safety laws. Right noW we have a -- a Seat Belt Law for people who sit in the front seat; and we have a Chlld Passenger Safety Law for children. People children age birth through three have to be tn a car seat, four- and five-year-olds have Eo be a seat belt, even if they're in the rear seat. The bill, as originally introduced, said that everyone under eighteen had to be in a seat belt. That was the people the committee, the Transportation CommitEee, asked that I amend that, uhich I did, so that noW it covers only people under sixteen. We -- in our country, we have had a -- over %wo thousand children under aîe sixteen die per -- per year. There's a Natianal Safe Rids Campaign that is -- estimates that, if al1 children in their teens were properly restrained in a seat belt ar child restraintr there would be a seventy-one-percent reducEion in traffie fatalities and a sixty-seven-percent reduction in hospitalizations and a fifty-percent reduction in minor injuries. We have made great progress in the State with regard to saving lives as a result of the seat belt law, but unfortunately: we have seen this last few nonths that there has been an increase in fatalities. would emphasize Ehat this does not apply to -- to adults, but just says Ehat children should be in their seat belt. Be happy to answer any questions and urqe an Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any questions? Any discussion? Any questions? Seeing none, the question is, shall Senate pass. Those in favor will vcte Aye. Opposed, Nay. The voting open. Have al1 voted whc wish? Have all voted who wish? Have a11 voted Who wish? Have a11 voted who wish? Take the record. On that question' there are 52 Ayes, 3 Nays, none voting Present. Senate Bill having received the required constitutional majorityr is declared passed. Senator Syverson, on Senate Bill 169. Read the l87  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT a7:h Leglslative oay April 25, 1995 . ; I bill, Madam Secretary. I i ACTING SECRETARY HAWKER: I I Senate BiXI 169. 1 I (Secretary reads title of bill) ' ! j ' 3rd Reading of the bill. ' j

PRESIDING OFFICER: (SENATOR DONAHUE) Senator syverson.

Thank you, Madam President and Members of the Senate. Senate Bill l69 creates a special county retail occupation tax which would allow counties, by front-door referendumr to impose a quarter-cent sales *ax to be used for any number of criminal justice areas. Particularly in the county where I come from, the money would be used to build a much-needed new jailr and at a time Nhen our property taxes are already at a maximumy this gives the ccunties one more option to go to their taxpayers, as opposed to increasing property taxes, a way of looking at a quarter-cent sales tax to solve the crimlnal justice problem. Be happy to answer any questlons.

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

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

PRESIDING OFFICER: (SENATOR DONARUE) Tndicates he'll yield, Senator Palmer.

Senatoc Syverson, I understand there Nas an amendment to remove food and drugs from the tax. Is that correct: or is that...lmicrophone cutoffl,..House? PRESIDING OFFICERI (SENATOR DONAHUE) Senator Syverscn. I SENATOR SYVERSON: I I 188  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 37th cegkslative oay April 25, 1995 I That ls correct, but because of the time, we Weren't able to i I I get that done. That wùll be done in the House. In that, you have I l my commitment that that will be added. 1 I I PRESIDING OFFICER: (SENATOR DONAHUE) . 1 I Is there any further discusslon? Purther discussion? Soeing none, the question is, shall Senate Sill 169 pass. Those in favor will vote Ay9. Opposed, Nay. The voting is open. Have all voted who wish? Have a1l vated who wish? Have all voted who wish? Eave all voted who Wish? Take the record. On that question, Lhere are 37 Ayes, 13 Nays, l voeing Present. Senate Bi1l 169, having received the required constitutionak majorlty, is declared passed. Senator Rauschenberger, do you wlsh to have Senate Bill l82 returned to the Order of 2nd Reading for the purposes of amendment? Senatof Rauschenberger seeks -- no. Senator Rausehenberger.

I'd like to table Amendment No. 2, please. END OF TAPE TAPE 5

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberqer moves that we table Amendment No. 2 to Senate Btll 1B2. All those in favor, say Aye . Opposed: Nay. The Ayes have f*, and Amendment No. 2 is tabled . Are there any further amendments approved for consideration?

No furEher amendments reported, Madam President. I PRESIDING OFFICER I : (SENATOR DONAHUE) j i I l89  STATE 0P ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRTPT 37th Legislative Day April 25z 1995 I 3rd Reading. On the Order of 3rd Reading is Senate Sill 182. I I S I enator Rauschenberger. Read the bill, Madam Secretary. I

Senate Bi1l 182. . (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.

Thank you, Presldent and Ladies and Gentlemen of the Senake. Currently: the law prohtbits ex parte communication between the TCC commlssloners and its employees or any parties -- and any parties tc contested proceedtngs before the ICC. For periods of from four months to eighteen months, ICC commissioners and their employees cannot question, communicate, receive clarification or learn frcm parties tnvolved in disputes except through Eheir quasi-judicial hearing process. Commissioners in praetice cannot gven meet w1th involved parties on other non-dispute-related matters. In today's complex and fast=changing World of utility requlation, our ' ICC ls handcuffed to an lnformation system with iks roots in the days of leddy Roosgvelk's kruss. Senate Bill l82 seeks tô foster complete communication and better decision making while still protecting *he interests cf consumers by ustng sunlight and disclosure. Senate Bill l82 is modeled on the federal Sta*ute governing communication and diselosure for federal utility regukatlon. SenaEe Bi11 182 recognizes that in todayts regulatory environment, complex, far-reachlng, confusing dlsputes between giants lfke MCI and Ameritech Will be better -- decisions will be better made by fully informed hearlng officers and commissioners. The heart of thts bill goes to the issue oë whether we still want to maintain an -- an antiquated quasi-judicial process for ehe ICC. Senate Bill l82 requires l90 . r, '  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day Aprël 25, 1995 I I reporting of communication during *he fack-findln: period in an I f ICC dlspute and prohibition of communication durëng the I I decision-maklng period. I would be happy to answer questions. J I I PRESIDING OFFICER: (SENATOR DONAHUE) . I ' ' j Is there any discussion? Senator Jaeobs -- ohl Yeah. I I Senator Welch . SENATOR WELCH) ïes. I -- I kanted to read somethlnq lnto the record, then I wanted to ask the sponsor a question. I have a letter from one of the conmissioners for the Illinois Commerce Commission, David Williams, in which he wrote to Senator Jones saying that - and I quote him - HThis bill would permit utilities and intervenors to engage in meetings and conversatlons w1th Commissioners during criticaldeclsionmakingperiodsattheICC. Itwouldcreate the 1 I occasëon for undue influence that is currently prohibtted. All of the public Dtillky Commissions that I know throughcut the country have legislative provisions that prohibit communications wtth Commissioners while there is an active docketed proceeding. I believe if we allow the provisions of this bill to be passed it would taint the ICC 'S decision making process. It Would permit secretive meetings which kould damage the integrlty: credlbility, and perceptlon of fairness cf the Commission.'' Senaeor Rauschenberger, those of us who have been here for a while know that the lntegrity cf thls Commïssion is somethlnq that has been rebuilt slowly over the past few years. 1* was only a few years ago that the -- the Chairman of the Commission, Terry Barnich, engaged in over three hundred private telephone conversations with a party before the Commission. He ended up losing h1s job. To allow us to go back to those days and sanction independent, ex parte conversations wibh the commissionors would be -- would be rtdiculous. Now: you 've attacked *he ldea of what's going on now by saying this is a throwback to Teddy Roosevelt's day. 19l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION I SENATE TRANSCRIPT I 37th Le:islative Day April 25r 1995 I i 1 Individual partkes talklng With a judge goes back even farther. I It goes back to English common 1aW. It goes back hundreds of I I years -- before Teddy Roosevelt. what you 're saylng is that if an J individual is a plaintiff in a case,. he can talk to the judge in private, tell him his tdeasr and then later the defendant's attorney, he can call the judge, talk to him about his private ideas. Then that may get on *he record, and it may not. There's no requirement that the verbatim facts get to be known by the other side. This is -- this is absolutely an absurd bill. It's a power play, if you may -- want to use that pun, by some utilkty companies, trying to set more influence on the Commerce Commission. 1 reakly don't know why you -- why you want to do this. This is sort of like in the 0. J. Stmpson trial. If Johnnie Cochran calls up Lance Ito, says, ''Judge, I've got a feN facts I want to tell you about what happened in this case'', and he doesn't tell Marcia Clark. It's -- it's the same idea. It's just as absurd. And so I -- T think that a No vote on this is the only sensible vote to make.

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

Thank you, Madam President, Ladies and Gentlemen of the Senate. I stand in support of this legislation. In answer to Senator Welch: I think that Johnny Cochran already is standtng up telling Judge Ito what to do on many occasions. This bill, as I see iE, just allows us to do what can be done with the FCC and can be done in other states: and -- and I can't think of a better time that informatlon should be gathered by scmeone in the decision-making process than whenever it is in a crucial time with crucial matters. And for that reason, I stand fn strong support.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Severns. l92 I STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995 ' I I SENATOR SEVERNS: I i Thank you, Madam President. Would the sponsoryield fora 1 question? 1 PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Severns. SENATOR SEVERNS: Golng back a few years aga to Chairman Barnich, what in this bill WouLd prevent that kind of abuse from happenlng? And under this billy Wouldn't he continue -- or someone like hiR continue as chair? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger. SENATOR RAUSCHEHBERGER: I'd -- I'd just remind the Body and the Senator that this law was in place when he d(d what he did . The -- the heart of this bill is dlsclosure of those conversations and sunlight on the process. Those kind of communications take place. We've turned the parties -- in an elghteen-month process, we -- Senator Welch is right. We do have an 0. J . Simpson trkal every time Ameritech and MCI disagree over telephone requlations, and that process is not served in the quasi-judlcial model. PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Senator Severns. SENATOR SEVERNS: Thank you, Madam President. But, fenator, as you recall - even though I know it gas prior to your arrival here - Chairman Barnich was asked to resign and that -- that is noL a nornal occasion with the Illinois Commerce Commission or any commlsskon kn -- in this environment. He violated the intent. What prevents that, under this legislattonr fron occurring again? PRESIDING OFFICERI (SENATOR DONAHUE) Senator Rauschenberger. j I l93  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day Aprll 25, 1995

i If -- if the chairman or commissioner made three hundred phone I calls and disclosed publicly that he made three hundred phone f calls, we could ask him to resiqn. At least the proponents Would know that he made three hundred phone calls: and he Would be under the same sanctions that he'd be under otherwtse. For -- for anyone to argue that in today 's environment for utilities that lack of compunlcation and explanation and queskionlng is bad just mystifies me. The Commerce Commission has about a -- about a twenty-percent batting record with our -- with our commlttees. Their bills fail constantly, and I'm not surprised that a Current commissioner, who likes the process, thinks that the quasi-judicial model is the rlght way to run a commission. But that's not the direction the federal government's headed: under a Democratic administration.

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

A question for the sponsor.

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

Senator, what eype of record is made of these eonversations? Youdre mentioning that theress spotlight on this and sunshine. What type of record, then, is made of these?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger. SENATOR RAUSCHENBERGER: l . Meetinçs or convecsations wkth parties who are involved in a disputed proceeding before the committee would be filed by the ' comnissioner at a -- at the central office for anybody 's : lnspection, to find out who the commissioners are communicating I 134  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25r 1995 With and how frequently.

PRESIDING OFFICER: (SENATOR DONAHUE) Purther discussion? Senator Berman.

Well, I -- I rise in opposition to this bill, and I find it -- and I've listened very cacefully to the sponsor. I don't understand the purpose of this btll. You are dealing with a quasi-judicial process. The ICC is a -- is the court, and the commissioners are the judçes. And I've got to tell you that the judicial system, ex parte communication between any party through his attorney or individually to the judge is prohibtted. I see no reason, Ladies and Gentlemen, why this should be a different process. If there is questions that the ICC has regarding a -- an application or an objection to an application, there is a process by which the Commission can call a hearing and get that information, wlth b0th parties present, both parties having the opportunity to agree or disagree before the tribunal. What you are doing by this bill ls opening up a process that is called quasi-judicial and what you're going to do is take this lnto the back alley, where -- where people are going to make conversations. Whether they are -- whether they impugn the integrity of the Commission or not, the fact that they will be allowed be allowed - by this bill impugns the integrity of the Commission. I think it's a terrible approach to what is supposed to be an adversarial objective process where the Commission is no* - is not - part of the advocates, pro or con. Thks allows the Commission to be a party, by -- by ex parte communication. This is the Worst approach to the questions that must be decided by the Commission. And 1'11 just tell you this: If I were a congressman and the -- this proposal was for the FCC to be allowed, I would vote No , because if Congress allowed the PCC Eo do lt, they're wrong. I'm no* going to allow the ICC to do I'm going to vote No. l95  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25, 1995

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

The hour is late. 1'11 try to be real brief, but -- but would like to thank Senator Berman for making my case. What we're talking about today is Whether we 're çoing to regulate facllitles for regulate utllities the future here the way we have for the last eighty years, where we have a power industry that's fraught with problems, where ue have telecommunications giants who are unable to communicate with the regulators making the decision, where we have a process that's so bogged down in the State of Illinois with the that it -- an embarrassment. The federal Congress has already decided under Democratic control Washington to give the FCC the power to communicate and learn. Today, most utiltty matters are almost dealing with fungible assetsy and anybody who says the decisional process modeled on the General Assembly is the back alleys, question their choice of career. We deal in an environment where inforpatlon is important, Where people can access usp and I think those commtssionersr if they 're going to learn and make good declsions for *he future and for our families and for the -- the ratepayers' have got to have far better inrormation than -- than the handcuff model they currently have. would suggest favorable consideration of this bill. This bill, in my opinion, is a clear reform of the ICC, but I certainly understand people have different visions. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) The question shall Senate Bill l82 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who uish? Have all voted who wish? Have all voted who wlsh? Have a11 voted who wish? Qake the record. On that question, there are 35 Ayes, 20 Nays, voting Present. Senate Bill 182, 196  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37*1 Legislative Day April 25' 1995 havins received *he required consEitutional majority, is declared passêd. Sgnator Parker, for what purpose do you rise?

Thank ycu, Madam Chalrman. I had missed the vote on 169, and I just wanted to be recorded as voting Yes. Thank you.

PRESIDING OFFICER: (SENATOR DONAHDE) Senator Dudycz, for vhat purpose do you rise?

Thank you, Madam President. The Caucus Chair of the Republiean side has requested that I ask that immediately upon adjournment, the Republicans in the Senate go tc a half-hour caucus, and committees will begin at 5:30.

PRESIDING OFFICER: (SENATOR DONAHUE) I Will reiterate: The commlttees will convene at 5:30. Resolutions.

Senate Resolution 54, offered by Minority Leader Jonesy Senator Smith and a11 Members. It is a death resolution.

PRESIDIRG OFFICER: (SENATOR DONAHUE) Consent Calendar. Senator Woodyard, for what purpose do you seek recognition?

Excuse me, Madam President. Are you ready for any announcements at this time? Then I will announce to all Members of the Senate Ag-conservation Committee, we have a committee hearing scheduled tomorrow morning at 8:30 in Rocm 212. There's only cne bill and one amendment, and we must be out of that room in thirty minutes. The whole process could be done in five minutes, so please be prompt.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further business to come before the Senate? 197 . .y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislative Day April 25y 1995 Seeing none, Senator Senator Watscn.

Yes, thank you, Madam Chair. Just to remind everybody - and know everybody's been working hard at home, getting themselves ready for the softball game. But ke're going to have a practice tomorrowr îfr in fact, our Session activity will make that available. Sc We will have a practice tomorrow at the field that's just south on -- believe it's Third Street, where we've practiced the last couple of years. The game -- and you should have a11 received letters on this: The game is set for next Tuesday at Lincoln Park at 5:30. So, we the practice...tmicrophone cutaffl...ke'll announce that tomorrow, but probably as soon as we adjourn.

PRESIDING OFFICER: (SENATOR DONAEUE) Senator Demuzio, for what purpose do you seek recognition?

Welly Senator Woodyard indicated that the Ag Ccmmittee's meetinç tomorrow. Has there been a posting notice on it? It's not on the Calendar.

PRESJDING OFFICER: (SENATOR DONAHUE) Senator Woodyard.

No, I don't -- I donst know. I talked to... Excuse me. I've just been told: one-hour pcsting notice for amendments. And that's what this is. Senakor Molaro 's bill. PREgIDING OFFICER: (SENATOR DONAHUE) Senator Fawell, fcr What purpose do you seek recosnition?

I'd like to announce that the Senate Transportation Committee will meet tcnight at approximately 5:30, as soon as the caucus is over. Now: we -- We've got couple of things. We should :et out fairly quickly. l98  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 37th Legislatlve Day April 25, 1995

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.

For purposes of announcement, to the Members the Approprlation Commlttee, we'll convene at 5:45 immediately following the caucus. Pleaser everyone, we have a long agenda for this evening, and you could -- îf the Members could make their aktendance there as soon as possible.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any other further business? Any further business to come before the Senate? not, Senator Lauzen moves that the Senate stand adjourned until 11 a.m. 11 a.m. - Wednesday, April 26. Senate stands adjourned. 199 .7 REPORT: TIFLDAY STATE OF ILLINOIS 96/09/11 PAGE: 001 89TH GENERZL ZSSEHBLY 16:18:36 SEMZTE DZILY TPANSCRIPTION 0F DEBATE INDEX APRIL 25, 1995 HB-0016 FIRST REZDING HB-0122 FIRST READING HB-037O FIRST REZDING HB-0613 FIRST REZDING H8-0797 FIRST REâDIVC H8-0988 FIRST REZDING HB-11R0 FIRST REZDING HB-1319 FIRST REâDING HB-1#58 FIRST qE2DING HB-1q90 FIRST READIMG HB-1530 FIRST REâDING H8-1633 FIRST REZDING HB-1721 FIRST READING HB-1T90 FIRST READING H8-1882 FIRST REZDIMG HB-1910 FIRST REZDING H8-1968 FIRST READING H8-2226 FIRST REZDING H8-2236 FIRST READING H8-2334 FIRST RERDING SB-00R6 THIRD REZDING 3B-006R THIRD REâDING 3B-O080 THIRD REZDING SB-01O0SECOMD READINé sB-0126 THIRD READING 3B-0130 THIRD READIMG SB-0133 SECOMD READING 3B-013k SECOND READIMG SB-0137 SECOND REâDIMG SB-01R3 SECOMD READING SB-0161THIRD REâDING SB-0169 THIRD READING s8-0169 OTHER SB-0181 SECOMD REZDIMG SB-0182 RECALLED 58-0182 THIRD REZDING SB-0260 SECOND READIMG sB-030k SECOND READIMG :B-0317 SECOND READIMG SB-035V SECOND READIMG 58-0355 3ECOND HEADING 38-0356 SECOMD READIMC 58-0357 SECOMD READIMG 58-0359 SECOND HEADING 58-0399 SECOVD REZDIMG SB-0M01 SECOND REâDIMG s8-043) SECOND READING 58-0539 SECOND READING 58-0553 SECOND READING SB-O650 THIPD READING SB-0660 THIRD READING SB-O67k SECOMD REâDING 58-0679 THIRD REZDING 58-0681THIRD READING SB-0691 THIRD REZDING s8-0694 THIRD READINO 88-0695 THIRD READING SB-0700 THIRD REZDING 58-0706 THIRD READING s8-0708 THIRD READING SB-O710 THIRD READING 5B-0f17 THIRD REZDING SB-0718 THIRD REZDING SB-0721 THIRD READING 4  A 47 REPCRT:TIFLDZY STâTE OF ILLINOIS 96/09/11 PAGE:002 89TH GENERZL ASSEHBLY 16:18:36 SENATE DAILY TRANSCRIPTIOK OF DEBATE INDEX APRIL 25y 1995 SB-0729 THIRD READING PZGE 66 I 5B-0731 THIRD HEZDING P2GE 69 j l 58-0736 THIRD READIMG PZGE 70 1 , 58-0738 THIRD READINC PAGE 71 SB-07V1 THIRD REZDING PAGE 72 58-0758 RECZLLED PAGE 72 SB-0761 THIRD REZDING PAGE 73 58-0766 THIRD READING PZGE 7% SB-0T72 RECZLLED PAGE 77 58-0776 THIRD READING PAGE 75 SB-0777 THIRD REZDING PZGE 78 SB-0781 THIRD READING PAGE 79 SB-0805 RECZLLED PZGE 80 88-0816 SECOND READING PZGE 16 SB-0818 SECOND READING PAGE 17 SB-0820 THIRD READING PZGE 81 SB-0821 THIRD REâDING PZGE 82 58-0826 THIRD REâDINC PâGE 83 38-0830 RECZLLED PAGE 84 58-0832 THIRD REâDING PZGE 85 58-0833 THIRD READING PRGE 87 38-0838 THIRD REZDING PZGE 88 SB-08V2 SECOND READING PAGE 18 SB-O8V7 THIRD READING PAGE 88 . 88-0857 SECOND REàDING PâGE 18 58-0859 SECOKD REàDING PâGE 18 58-0868 THIRD READIMG PAGE 89 58-0685 THIRD READING PAGE 119 SB-08j1THIRD READIMG PAGE 90 58-0893 THIRD HEADING PâGE 91 58-0895 THIRD READING PAGE 92 58-0896 THIRD RERDING PâGE 93 SB-0931THIRD READING PâGE 9: SB-093V THIRD REâDING PAGE 95 ' SB-09V9 THIRD REZDING PAGE 96 SB-0951 THIRD READING PâGE 96 58-0951 0UT OF RECORD PZGE 119 SB-095R THIRD READING PAGE 120 * SB-096M THIRD READING PAGE 12R SB-097V THIRD REâDING PAGE 125 . 58-0975 SECOND READING PAGE 19 SB-09T7 THIRD RE4DING PAGE 135 ' 38-0979 THIRD REâDING PZGE 136 58-0983 RECALLED PAGE 137 58-0996 SECOND READING PAGE 21 58-0998 THIRD REâDIMG PAGE 138 SB-1025 THIRD READING PâGE 140 SB-102T SECOND READING PZGE 19 SB-1028 THIPD READING PAGE 139 SB-103k THIRD READING PAGE 1k1 SB-1038 THIRD REâDING PAGE 1M2 SB-1038 OTHER PAGE 143 SB-1039 THIRD REZDING PZGE 143 SB-1067 THIRD READING PâGE 1kV SB-1081 THIRD REZDING PAGE 1V5 SB-1082 THIRD REZDING PâGE 1M6 SB-1083 SECOPD REZDIMG PAGE 19 SB-1093 THIRD READING PAGE 1R7 5B-109V THIRD READING PAGE 1M7 58-1096 THIRD REZDING PâGE 150 SB-1113 SECOMD READING PAGE 20 SB-1187 THIRD READTNG PâGE 152 5B-119T THIRD REZDING P2GE 156 :8-1203 THIRD READING PAGE 157 . i j'*''' lp D ' R6PCRT: TIFLDZY STZTE OF ILLINOIS 96/09/11 PAGE: 003 89TH GENERAL ASSEMBLY 16:18:36 SENZTE DâILY TRZNSCRIPTION 0F DEBATE INDEX APRIL 25, 1995 SB-:20R THIRD READING PAGE 158 SB-1206 SECOND REâDING PZGE 20 SR-005R RESOLUTION OFFERED P2GE 197 SUBJECT HATTER SENATE T0 ORDER-PRESIDENT PHILIP PAGE 1 PRZYER-FATHER HENRY SCHMIDT PAGE 1 PLEDGE OF ALLEGIàVCE PZGE 1 JOURNALS-POSTPONED PAGE 1 XESSAGE FROH THE HOUSE PAGE 1 COHHITTEE REPORT PAGE 21 INTRODUCTIOM OF SPECIRL GUE8T-SENâTQR RâICA PâGE 111 GUEST SPEAKER-CONSUL GENERAL HICHâL GROCHOLSKI PZGE 112 COHMITTEE REPORT PAGE 135 ADJOURNHENT PAGE 199