Illinois Senate Floor Debate — April 27, 1995

(Prayer by the Reverend Tim Shaw)

Will you please a1l rise for the Pledge of Alleglance, 1ed by 1 Senator Sieben. Senator Sieben.

(Pledge of Allegiance, 1ed by Senator Sieben)

Readin: of the Journal. Senator gutler.

Mr. Presidentr I move that reading and approval of the Journals of Thursday, Aprël zûth; Monday: April 24th 7 Tuesday, April 25th7 and Wednesday, April 26th, in the year 1995, be postponed, pending arrival of the printed Journals.

Senator Butler mcves to postpone the readlng and the approval of the Journal, pending the arrival of the printed transcript. There being no objectlon, so ordered. Committee Reports.

Senator Karpiel, Chair of the Commlttee on Executive, reports Senate Amendment 3 to Senate Bill 253, Senate Amendment 1 to Senate Bi1l 429, Senate Amendmen: 2 to Senate Bikk 720 and Senate Amendment l to Senate Bill 801 Be Adopted. Senator Raica, Chair of the Committee on Public Health and Welfare, reports Senate Bills 618, 677, 698, 742, 791 and 1195 Do Pass , as M ended ; Senate M endment 2 to Senate Bi11 l43 , Senate 1 . )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legkslative Day April 1995 Amendment 2 to Senate Bill 189, Senate Amendment 1 to Senate Bill 198, Senate Amendment 2 to Senate Bi11 359, Sênate Amendment 2 to Senate Bill 1095 and Senate Amendment 2 to Senate Bill 1097 Be Adopted. Senator Madigan, Chair of the Committee on Insurance: Pensions and Licensed Activitlesr reports Senate Bills 340, 653 and 1191 Do Pass; Senate Bills 230 and Do Passy as Amended; Senate Amendments and 2 to Senate Senate Amendment to Senate Bill 346, Senate Amendment 3 to Senate Bill 506, Senate Amendment to Senate Bill 6ll and Senate Amendment l to Senate Bill 1027 all Be Adopted.

Messages from the House.

Message from the House by Mr. McLennandz Clerk. Mr. President I am directed to infcrm the Senate that the House of RepresenLatives has passed bills of the followlng titles, in the passage of which am instructed to ask the concurrence of the Senate, to wit: House Bill 1172, House Bill 2142, House Bill 40, 258, 314, 1755, 1787, 1894: and 568. All passed the House, April 26th, 1995.

On page 2 of today's Calendar, in the Order of Senate Bills 2nd Reading, I would hope that the Members wculd move their btkls along. Senate Bill Senator Karpiel. Senate Senator Karpiel. Take it out of the record. 198. There's been a requect for a fiscal note. Senate Bill 247. Senator Dudycz. Senate Bill 247. Senator Dudycz. Senator Dudycz. Senate Bil1 247. Take out of the reccrd. Senate Bill 287. Senator Hasara. Senate Bilk Senator Hasara. Take it out of the record. Senate Bill... Take 1* ou* of Ehe record. Senaee Bill -- take 2  STATE OF ILLINOIS 89TH GENERAL ASSEMDLV REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day Aprll 27y 1995 out the record. Senate Bill There is a note for a phystcal fiseal request. Senate Bill 437. Senator Cullerton. Senator Cullerton. 438. Senate Bill 439. Senakoc Cullerton. Take out of the record. Senate Bill 491. Senator Rauschenberger. Senator Rauschenberger. Take ik out of the record. Senake 3ill 656. Senator Maitland. Senator Maitland. Take it out of the record. Senate Bill 664. Senator Dunn. Take out of the record. Senate Bill 711. Senator Dillard. Senator Dillard. Take it out of the record. Senate Bill 725. Senator Lauzen. Senator Lauzen. Take it out of the record. Töp af page 3. Senate Bill 798. Senator Lauzen. Take out of the record. Senate Bill oop! Okay. Senate Bill 801. Senator Jacobs. Read the bill.

Senate Bill 801. (Secretary reads title af bf1l) 2nd Reading of the bill. No committee amendments.

Have there been any other Floor amendments been approved for consideratlon?

Amendment No. 1, offered by Senator Jaeobs.

Senator Jacobs.

Thank you, Mr. Presldent, Ladies and Gentlemen of the fenate. Amendment No. l merely gets some clean-up language to the watvers btlk. We sat down with the Department of Commerce and Communlty Affairs, tried to work ou* an agreementr and we have changed some af the wording as an example, from waivers to alternative implementation. And I juat a3k f5r your support.

3  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leglslatlve Day April 27, 1995 there any other discussion? Any other discussion? If not, Senator Jacobs moves the adoptlon of Amendment No. 2 to Genate Bill 801. Excuse me. Amendment No. to Senate Bill 801. All those in favor, signlfy by saying Aye. Those opposed, Nay. The Ayes have The amendment ls adopted. Any further Flocr amendments?

No further amendments reported, Mr. President.

Reading. Okay. We have a request from Illinois Public Radio to record the proceedings. Any objections? Leave granted. Senator Demuzio, for what purpcse do you rise?

. .. president, I'd like the record to reflect that Senator Bowles not here today, on official business back her district.

The record wl1l so reflect. ...Bill 897. Senator Dunn. Read the bill.

Senate Bill 897. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. PRESIDENT PHILtP: Have there been any Floor amendments that have been approved for consideratton?

No amendments reportedr Mr. President.

3rd Reading. Senate 945. Senatcr Petka. Senator Petka. 945. Take out of the record. Senate Senate Bill 1183. Senator Cullerton. Senator Cullerton. Take it out of *he record. 4  STATE OF ILLINOIS 89TH GENERAL ASEEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leglskative Day April 27, 1995

PRESIDING OFFICER: (SENATOR DONAHUE) For iaformationz we -- those kn hearln: cf my voice, you please come to the Floor. We are gotng to proceed to page House Bills 3rd Reading. Senate will come to order. On the top of page 13 is Senate Bill -- or, House Bill 496. Read the bill, Mr. Secretary.

House Bill 496. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fltzgerald .

Thank you, Madam Presldeat. Ladies and Gentlemen of the Senate, if could have your attention for one minute, please. House Bill 496 is a very important bill, whîch ls designed to close a glltch or a loophole in the law whlchr as wrltten, now allows elected officlals in home rule communities to voke themselves postelection, midnight pay raises. House Bill 496 is designed to close that loophole. Let me give you a ltttle background. And could have your attention, please. I'd appreciate -- appreciate your attention.

PRESIDING OFFICER: (SENATOR DONAHUE) Please take your conferences cff the Floor, and w(l1 the 6enaEors please be in their seats?

The State Constitution forbids elected ocricials from raising khetr pay during Ehelr tern in office. In the 86th General Assembly, a law was passed Ehat prohibited nan-hcme rule counties from passing postelection pay ratses. The 87th General Assembly passed a 1aw prohibiting postelection pay raises but applied that 1ak only non-home rule municipalities. So the effect of these  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27r 1995 two laws has been to leave an opening whereby home rule counties and home rule munieipalities can still vote themselves postelection, midnlght pay ralses. Nowy for most people who are employed, their employers, their bosses, pass upcn the propriety of their ralses. In bhe case of elected officials, the bosses are the voters. And kf elected officials are allowed to vote themselves pay raises after an electicny that, in effectr deprives the voters of having a say-so in thefr employees' the elected officials in their pay raises. Now, as you are aware, there's been a great public outcry following a couple of -- ln one case a home rule county: in another a hcme rule municipality, in which pay raises have recently been passed. The newspapers have decried this. The constituents have decrted this. And it's time that the Legislature act, because we bear some of the responsibility in not closing the loophole that now exists in the law. And that's what House Bill 496 is intended to do. be happy to answer any questions, and appreciate your support for this legislatlcn.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator de1 Valle. SENATOR dEL VALLE: Thank you, Madam Prestdent. A quesklcn for the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator de1 Valle. SENATOR dEL VALLE: Senator, what effect will this bill have on the pay raise that Nas voted on by the Chicago City Council?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald.

The bill applies retrospectivgly to April 4*h, 1995, and thusy Wi1L invalidate any action taken on or after April 4th, 1995: that's not accordance with the bill.  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995

PRESIDING OFFICER: (SENATOR DONAHUE) Senator del Valle. SENATOR dEL VALLE: Wellr thank you for responding to that question. To the bill: Was one of those elected officiaks...

PRESIDING OFFICER: (SENATOR DONAHUE) Senator del Valle, hold just a second. This a serious piece of legislation/ folks, and we need your attentlon. Sgnator del Valle. SENATOR dEL VALLE: was one of those elected officials in Chlcago who -- wbo was nc* happy with the way this most recent pay raise vote the City Council was handled. I was not happy with some of the statements that were made, particularly the statement that was made by the Mayor of the City of Chicaga when he said, in justifying the amount of the raiser that constituents could not reach their congressmen, constituents could not reach their State Senators many times, but they could reach an alderman. And I took offense to that because, as a legislator, State legislator, I work very hard in my district. have a district offlce that is open five days a week, at least - at least - eight hours a day. And so: many individuals call me because they cannot reach their alderman. Soz I was not at happy, but what we are doing with here today not about good government; it's about bein: vindictive. It's about get-even government: state -- the State getting even with the City of Chicago, getting even with the Mayor of the CiEy of Chicago. And that is wrong. I am for closing that loophole. responsiblllty here to improve the 1aw and to establtsh new laws. There a loophole that needs to be closed, and we should be doing that this Session. And we should make sure that na local unit of government, no local council will be able tor in the future: vote for a pay raise the way the Chicago City : ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 ' I Council did and, as I understand it, other city councils have l I done. But this is not the way to proceed. THe City Council in 1 I Chicago acted within the law. Tt is a laW that needs tightening, but the faet is, they acted within the law. And for us to go back now and undo their actlon is wrong. And if we're going to act in a responsible manner: then this bill should apply to the future. It shouldn 't go back. And that's Why I urqe a No vote. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator DeLeo. SENATOR DeLEO: Thank you, Madam President. I have a inquiry of the Chair, if... PRESIDING OFPICER: (SENATOR DONAHUE) State your inquiry . SENATOR DPLEO t Could we have a ruling from the Chalr how many votes this bi11 needs to pass? PRESIDING OFFICER: (SENATOR DONAHUE) Sure may . As thfs btll preempts home rule authortty: pursuant to the concurrent exerclse of powers found in subsection (i) of Eect,ion 6 of Article VII of the 111lnois Consti*ution, it shall require thirty votes only . Senator DeLeo . SENATOR DeLEO : At -- at this tlme , we 'd like to appeal the rulin: of the Cha. tr. PRESIDING OFFICER: (SENATOR DONAHUE) That question is akways ln order. If I have a1l your attention, the ruling of the Chair has been questioned. And the question is , shall the ruling of the Chair be sustained . All those in favor of sustaining the rulingr vote Aye. A11 those opposed to sustatning the rulinc;r vote Nay . The vo*ing is open . Have al1 voted who wish? Have a11 voted who wlsh? Have all voted 8  STATE OF ILLINOIS 89TH GENERAL ASSZMBLX REGULAR SESSION SENATE TRANSCRIPT i 39*h Legislative Day April 27r 1995 1 I I I who wish? Take the record. On that question, there are 32 Ayes: I 21 yays, 3 voEing Present. Senate -- or, House Bill 496, havin: failed to recetve the necessary three-fifths negative votes, the appeal fails and the ruling of the Chair ls sustained. Further discussion? Senator DeLeo. SENATOR DeLEO : Thank you, Madam President. A question of the sponsor.

PRESIDING OFFICER: (SENATOR DOHAHUE) Indicates he'll yield, Senator DeLeo. SENATOR DeLEO: Thank you. Senator Fitzgerald, on House Bi11 496, does this inckude the General Assembly?

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Fitzgerald . SENATOR FITZGERALD t No . PRESIDING OFFICER2 (SENATOR DONAHUE) Senator Deteo . SZNATOR DeLEO : Currently the laW states, the Illinois Constitution, the Con-con of 1970 , says the I1linois Constitution prohlbits public officials from voting or -- to ratse their own pay during their term in off1ce . I11inois Constitution , 1970 , Article VIL, Sect ion 9(b)a Isn't kt a fact we can come back here i.n Veto Session, which we have, and institut.e and vote for a pay raise before we 1re sWorn in cn January 8th, 6t:ln. 7th, whatever day our installation date is?

PRESIDING OFFICER: (EENATOR DONAHUE) Senator Fitzoerald .

Yesr and I'd be happy to Work with you at another tLme on sponsoring a bi11 that would prohibit that or maybe an amendment 9 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION GENATE TRANSCRIPT 39th Legislative Day April 27r 1995 to the State Constitution that would make that impossible. I PRESIDING OFFICER: (SENATOR DONAHUE) I i Senator DeLeo. SENATOR DeLEO: Senator Fitzgerald, isn't this the same legislation wedre doing ko the City Council? They didn't -- they're not -- they didn't vote a pay ralse -- they voted a pay raise postelection: prior to their installakion. Isn't that correct? PRESIDING OFFICER; (SENATOR DONAHUE) Senator Fttzgerald. SENATOR FITZGERALD: Yes. PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeLeo. SENATOR DeLEO: To the bill: Madam Prestdent. I believe, like everybody in thls Chamber, this leglslation is good in concept, but I have reservations about the motive of this legislation, Which is clearly punittve. Let's talk about the real reason why we're doing this. Itfs nok supposed to be in this Body, especially ln -- on this side of the Chamber. We're krying to even a score. It's wrong. If this legislation didn't have a retroactive dater there 'd be fifty-nine lights up on thls bill. This legislation clearly - clearly - affects home rule units. Everybody in this Body represents a home rule unit. I've been in both Chambers. I've been ln this Chamber -- this House and Senate for eleven years, and every plece of leglslaïion that preempts home rule needed khree-fifths majority vote in bo*h of these Chambers. And 1 today,ugdre going ko dosomethinq different. Madam Presidentr j I this legislatfan is wrong . And what welre going to do -- We 're -- I 1 wedre supposed to be ''the Legislature of the nineties'' and we're I 1 going to be the Hwatchdog of dollarsn. And Wedre going to be i 10  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leglslative Day April 27, 1995 I I I conservative, and we're going to cut back. And we 6re going to cause litigation: The City of Chicago ls going to spend mcney on - - on lawyers to go into federal court. Wedre goin: to spend money here in the General Assembly for our kawyers to answer khis because we're passing something that ls clearly wrong. I Ehink al1 of us know that Springfield, Illinois is the art of compromise. We, working together. By buildin: this wall against the City of Chicago, we're rail-splitting and we're continaing to rail-split. This isn't -- cooler heads should prevail. We went - - what went on in the House and they wanted to make retroactive attack on the City of Chicago shmuld not be happening in this Chamber. Madam President, I'd ask for a No vote on this piece of legislation.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Senator Collins. SENATOR COLLINS) Thank you, Madam President. Question of the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senatcr Collins.

Senator, you -- you indicated and -- and I have heard over and over again that this lêgtslatlon ls not designed to be vindictive and targeted at the City of Chicago, basically because of the airport situaticn, the position taken by the Mayor. But 1et me ask you this: Has there been any cther unit of governmene who has - - that's included in this bill who has, in fact, raised -- give themselves a raise after -- postelection?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald.

Yes. Cook County, which is a home rule county/ did it in December of last --actually,onmkdnight,November30thzrighk j 11  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION 6ENATE TRANSCRIPT 39th Legislattve Day April 1995 before their new term, which prompted our State's largest newspaper to write this edltorlal called ''Antidote to thê Midnlght Pay Raise'' in Which the Chicago Tribune urged this Body tc close the loophale in the law, which also County Ckerk David Orç urged this Body to close a loophole in the law, that allows home rule communities to play the voters for a fool.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Colltns.

Dces -- does tbis reseind their pay ralse?

PRESIDENG OPFICER: (SENATOR DONAHUE) fenator Fitzgerald .

No, it eannot, because that has already taken in effect, and I am told by staff that it would be lmpermisstble for this Body to strlp away a pay raise that has already taken gffect.

PRESIDING OPPICER: (SENATOR DONAHUE) Senator Collins.

Then to the btll: That is exactly Why that ls exactly why - al1 of the speakers on this side the aisle have already expressed that we uould support thls bill -- because aqree and eoncur with *he -- with the Tribune. most certainly do no* believe that anyone should give thenselves the klnd of pay raise, the perceatage of pay raise, that the aldermen did. And alsa concur that what happened in the county was wrong, was wrong at a time when people cannot, in fact, provide units of government cannot provide a funding for necessitles such as educaticn and -- and adequate health care. So, that's wrono. :ut What youlve done here, you didn't take you didn't resclnd the pay raise for the county, but you ire rescindlng the pay raise for ehe City Council. Now, what happening here - no matter what you say about it - to 12  I l fTATE OF ILLINOIS ! ' 89TH GENERAL ASSEMBLY REGULAR SESSION ! SENATE TRANSCRIPT l I 39*b Legislative Day April 27, 1995 do this in an atmosphere -- in the atmosphere of -- of -- of -- When everybody know that it's vindictlve, that is the problem, and that is so unfortunate beeause it appears to the public out there thak those of us who vo*e aqainst your bill is agalnst what you're trying to do. I am not against what youlre trying to do. I concur with what you 'rg trying to do. We should do it. We shauld have done it a long time ago. And if you look at my voting reeord here, whicb have impacted on me, seldom have T voted for a pay rafse and especially in lame duck Sessions around here. So, I didn't do it for myselfy and I wouldn't allow them to do it for themselves. But what you're doing here is vindictive, and we just should not do it. And more importantly, to say that this does no* preempt home rule units is a violatton of the laws of the Constitutional laws -- of the State. And let me tell you a1l something: When people lose respect for *he 1aw - and this is what's happenlng here - you get lawlessness, and that is a breeding ground for anarchy. And that's What ls happening throughout Ehis country. %ou a1l can play the games if you want to, but when you disrespect tbe Constitutlon of this State and go on just because you want to do something and punish somebady, hey, that's pretty low. We need to rethink what wefre doing around here, if we want the people of the State of Illinois to respect us and if we are going to have the trust and confidence of the people to move thls State forward and to deal with some of the crttical problems that's destroytng this State and thls country. I think Ne ousht to vote this bill down, and it should not have ever been put before this Body in this atmosphere. PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Senator Carroll. SENATOR CARROLL: Thank you, Madam Prestdent: Ladies and Gentlemen of the Senate. While I respect the right of the Chair to rule, I think 13 ' . y l STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leglslative Day April 27, 1995 the record should be clear that at leask this Senator is of the ' I opinion that the actlons of this leglslation are clearly in ' I violation of the home rule provisions. I recognize there was an ; l efforttoartfullydraftthislegislationforconqurrent,butwere j it really intended to be eoncurrent? it would have closed the loophole in State and county government as well. So I think it is clear that not only is it an effort to preempt a home rule power - because the Ctty did pass its ralse under its home rule jurisdiction - but was also an effort, at least in its ortgins in the House, to be retaliatory, retaliatory for the efforts of the Mayor in protecting the assets of *he City of Chicago, namely the airport. And then I think everyone in *he ftate is crystal clear about what the reason for this is, for doing it this way at thls time. 1, by the way, totally agree that were We dotn: this prospective, this is something we absolutely should be doiag, for counties, clties, ourself, everyone. But to do this in a retaliatory manner, I think, is -- is -- flies in the face of the home rule provisions of the Constitution. Also, look at the dates at whlch khese thinqs were offered. How many of you ever remember legislation where an amendment Was offered to create this concept and says in its text that it wlll be effective fifteen days before it was thought cf? Whike the bill becomes effective upon becoming law, it has a prior - a retroactive - daEe foc impact. So the effective date were this passed today and signed today, tomorrow, Saturday or Sunday, Would be effective on that day signedr but has I a retroactive date for impact. Thak means that the author of this I billis saying that even thouçh I didn 't think of it then, here's 1 I I a wonderful date that we can make it effective. We have al1 kinds 1 of -- I be1ieve even the United States Constitutton talks about l I something called ex post facto. And maybe most of us have not I studled Latin very long or very hard, bu* lt basically says if it I I I was legal When you did 1t, ycu can't make iL illegal later and 1 14 I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39** Legkslative Day ApriL 27, 1995 tben charge you with Ehe offense, Basically that is exaetly what this is doing. This is saying it was legal when done, but We: *he ' I I General Assembly - and I shouldnst say ''wef' - your the General ' l Assembly, are going to make that Act illegaà, though it was legal when performed. I suggest to you, this ls a very dangerous path to be walklnq, not for the issue of *he pay raise, but think of all the mischief thaE can be done by elther side of the aisle ln control lf it can take legislation and say, ''What you did last year, ten years ago, which was legal tbenr is going to be illegal now just because we sald so.'' The framers of our Constitution were smarter than the drafters of this legislaticn, and I would suqgest a No vote and save us the money of the court action that will say that *he people of the 1770s Were smarter than the people of the 1990s. Thank you. FRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Syverson. SENATOR SYVERSON: Thank you, Madam President. As a -- I guess We're an t'upstater'' or ''out-stater''. I don't know what they call Rockford . We're still trying to determine that. But from our standpoint, we don't really care if Chicago votes themselves pay raises. And I find it somewhat offensive when we keep saying that wedre all doing this because we're trying to gek even with Chicago. My concern, and I quess a question for the sponsor is, being a -- the Mayor being a former Member of the General Assembly, at a tlme when we have a multi-billion-dollar penslon deficit, what is the effect of thls pay raise going to be to all the taxpayers in Illinois because of the ehanges in the legislative pension that would be recelved? I I PRESIDING OFFICER: (SENATOR DONAHUE) I I I Senator Fttzgerald. I I SENATOR FITZGERALD: I I 15  I I STATE OF ILLINO;S 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 39th Legislative Day April 27r 1995 I Senator Syverson, there Will be an adverse effect on the State-funded pensions. As you know -- or as you may not know, the Mayor of the City of Chicago 's pay raise ts so large that it makes him, it is my understanding, the seqond-highest paid public offictal in the country, behind President Clinton. And he is a -- the Mayor of the City of Chicago happens ko be a Member oc the Genecal Assembly Retirement Systemy and he Would havp Ehe right to retire and qet from our pension fund an eighty-five percent of his last finak salary annuity. He would be able to get a hundred and forty thousand dollars a year out of the taxpayers of the City of Chtcago. And so it does have the effect of increasing the amount that the State taxpayers Would bear. You're right to bring that up. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson. SENATOR SYVERSONS Could you be more specific in what is -- with the lncrease, what the annual cost to the taxpayers would be if an indlviduak were to retire at the end of their -- at the end of their term? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald. SENATOR FITZGERALD: I sather it will cost the taxpayers of Illinois an additional thirty thousand dollars a year just for that ane person's annuity, increased annuity, and there are probably many others in the City of Chicago who also would get an increased annuity. PRESIDING OFFTCER: (SENATOR DONAHUE) Further discusslon? Further discusston? Senator Hendon. SENATOR HENDON: Thank you: Madam President. To the bill: As a former member of the Chicago Cfty Council, I have no problem with then vating themselves a ralse, but the size of this raisg (s ridiculous. And I 16 : ..  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 the Trtbune, the Sun-Times and every radio station that I've ltstened to when I've been Chlcago, and the calls to my officer have been agalnst this raise because of the stze of the raise. It's not that they voted thepselves a raise, but the size of the raise. It's just -- blows my mind that -- and it's not the poor aldermen. wish that this bill went after the executive branch and left the aldermen out of it, because it was brought to them - this gross raise. The size of the raise is the problem. And I know I may nct be making people on this side of the aisle very happy with me, but I don't believe We Were sent down here to serve the maycr, whoever their mayor might be. We were sent down here to serve our constituents, and our constktuents are upset over the size of this raise. We vote ourselves a ratse, but what do we get7 Seven percent? What did they get? Twenty-five, thirty percent? Please. It's ridiculous. And we may as Well face up to that. Also, let me say this. I know *he sponsor of this very well. don't think he 's being revengeful: and -- but if there is retribution coming from that side of the aisle, I Would just like for all of the people on that side of the aisle to know that everybody does not agree w1th everything the Mayor of the City of Chicago does. don't think retribution over the airports, because I dlsagree with us glving Gary, Indiana money from the taxpayers of Illinois. If We face the Indtana Pacers in the upccming play-offs, will Michael Jordan -- When he makes a basket, will we give two of thcse points to Indtana? Heck no, we won't, because it belongs to Chicago. So Why the world should we give money from Illinois, money from Chicago Eo Indiana? Makes no sense to me. If is retribution, I want the Members on the other side Lf the alsle to understand that some of us over here understand that if O 'Hare is at the stage When it is -- has too much capaclty and they have to share wiEh somebody, I would rather see the people of the suburbs get that 1.2 million a year 17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th tegiskative Day April 27, 1995 and get that other business than see Indiana get makes no sense. So if the Mayor has put the City Ccuncil's pay raise at in in a perllous sttuation, itss his fault. This pay raise is in danger because of the size pf the raise, not necessarily because of some retribution. But if there is retribution, I would rather see re*rlbution being taken out on the Mayor than on the schoolchildren of the City of Chtcago . So when we get to that part, my friends, make sure that we not make the schoolchildren pay because of somethlng that the executive branch of city of Chicago did that was -- was wrong . I urge my friends on this side of the alsle tc vote Present on this bill because I know that they are stncere when they say that if this was not retroactive that they would suppor: Lt, because it should be. In fact, the 1aw -- and they also should vote Present because your constftuents who sent you down here do not want you voting for the aldermen and the Mayor to ge* such a large raise. there Nas a smaller raise, more reasonable raise, I could understand , but thls ratse raise is gross and it's certainly out of hand wlth the conditions of thts State. Thank you.

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

Madam President and Ladies and Gentlemen of the Senate, in 1988 we passed a bill in this Assembly which limited the non-home rule nunicipalities in votkng for a pay raise to sixty days before their next election. We didn't do for the home rule munlcipalkties because we, on this side, didn't have khe votes to do As to the -- the statement made by one of my fine colleagues on the other side, is that thts btll would go back about two weeks before the election and make it applyv just remember that Presldent Cltnton went back retroactively to give us a -- a big income tax raise. Do you remember that? So# 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 sauce for the gander, it's sauce for the goose. This is not being I a vindictive action on my part, but having been a municipal I I attorney, knowing that What We've done for the non-home rule -- I I for the home rule municipalities: I think we should do for the non- -- the home rule municipalities. And I *hink it's tlme that we face the issue. It's not a matter of vindication. I don't look at lt that way at all, and I speak ln favor of the bill.

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

Yes, would the sponsor yield?

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

Senatorr I may have missed thls, but d1d you admlt that this legislatlon is totally in reaction to the City of Chicago 's pay ralse and did you admit that this was -- is being done solely because the -- the City of Chicago entered into an airport compact with Indiana? I PRESIDING OFFICER: (SENATOR DONAHUE) j 1 Senator Pitzgecald. 1

1 I Senator Cullerton, I cannot speak to the motivations of -- of House Members or Senate Members Who support or supported this bill. A1l I can tell you is that my motivations are that I believe this is sound publlc policy, notwithstanding the hard facts. In law school, as you know, they samettmes say hard facts make good law, and I can further tell the Members of this Body thaE my name would not be on this legislation if I did not bplieve I j I it were sound public policy. I I PRESIDING OFFICER: (SENATOR DONAHUE) ! I Senator Cullerton. I ' 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day Aprkk 27, 1995

Well, that -- that editorial that you Wgre reading from before . When was that written?

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Fitzgerald.

December 18th, 1994.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

Well, you didn't race to the Referenae Bureau and have this language drafted after you read that that editorial. As a matter of fact, this amendment to this bill was offered by Representative Murphy on Aprll l8thx about three days after the alrport compact, to a House bill which origtnally Was introduced having nothin: to do with this subject matter, and We have not seen yaur Senate bill. So would suggest that perhaps better to admit that this is in retaliation for the actlons of the Clty of Chica:o and the -- and *he City of Garyv and and doesn't take away from your good-faith representation that it's -- it's good public policy. just think it would be better if you would admit an attempt to invalidate the pay raises Chicago 's aldermen and the mayor. Now, the ruling by the Chair that this requires thirty votes, I Would respectfully sug:est Was in error. Under Arkicle VII, 6(a) of the Illinois Constitutionz home rule units can -- can and have established salaries for thelr governmental officials. In order for this to Eake on a preemption status, it must meet the requirements of Article VII, Gection 6(g) of the Canstitution. Now: this Section states that ''The General Assembly by a 1aw approved by the vote of three-fifths of the members elected to each house may deny or limit the pawer to tax and any other power or function of a home 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislabivg Day APr1l 27, 1995 rule untt not exercised or performed by th9 StaEe other than a Power or function speclfied ln subsection (l) of this sectlon.' : I I Thirey-slx votes are needed to pass Ehls b1ll because the State I has not previously regulated the compensation of elected officials of home rule units. And Ehat's what the State is ncw attempting to stop the city council from doing. It's -- it's an -- it's an attack by the Cenerak Assembly on home rule uniEs of government. This will invite -- fnvite, you can be guaranteed, judicial intervention and oversight into our legislative process. It raises the issue of separation of pcwers, hlstorically causing the courts to decline to address the constitutlonality of legislation. But recently, you should look at what the Supreme Court has satd recently. They've made it very clear that they are ready and poised to intervene in our legislative proeess if we continue to ignore the Constitutian. I just don't understand why ycu couldn't rule that thls requires thirty-six votes. It would let you -- first, it would be consistent with the Constituticn, and it'd let the Governor off the hook, who does not want to even have this bikl on his desk. You know, we passed -- remember the Mccormick Place expansion, which I did not support beeause it had a food tax that was imposed speciflcally on my district? So that went to court. The restaurant in my district called Geja Cafe versus Metropolitan Pier and Exposition Authority. That went to court. The Supreme Court reluctantly found that Statute to be constltutionaly but they ncted that the three-day reading requirement was not adhered to when passing the legislation in question. They declined to review the constitutlonal requirement because of the doctrine of separatfon of powers. But tbey stated that: ''We defer to the Legislature hesitantly because we don't wish to understate the impcrtance of ccmplying with the 1 I I I constitution when passing bills. Now, if the General Assembly I continues its poor record of policing itselr, we reserve the right 1 I 1 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 to revtsit this issue on another day to dectde the continued i proprlety of iqnoring this constitutlonalviolation.' This -- j this bill -- if the Governor signs this, is -- ls golng to go to - - to the Suprpme Court, and if he vetoes it, he's going to be embarrassed. The fact is that the aldermen in the City of Chicago -- 1'11 just speak for my alderman. He works at 6 o'clock tn the morning till 8 o 'clock at night. The issue of the pay raise was raised before the election. Alderman surke stood up and said, ''You know, we ought to talk about this before the election. I'm for it.'' Anybcdy who ran for alderman could have asked their oppcnent, ''What's your position on the pay ralse''# because it was in the papers beforehand. And T suspect that in many electionsy it was debated . And sa, you know, if they want to do it, theyfre the ones that are subject to their -- to the election of the people in the district. People should realize - we should realize - that aldermen represent fifty-five thousand people. Ltke a little town, everybody goes to the alderman. They do know who the alderman is, and they do more so than they know who the State Senator is. So, my attitude is they can do what they want; they 're the ones that have to go before their voters: but this -- this is clearly in retaliatlon for what the airport deal Was about. It's wrong for us to do it. I suspect that a 1ot of you on the Republican side of the aisle do not want to even have to vote on this. I think it's unfortunate that wefre even constdering it.

PRESIDING OFFICER: (SENATOR DONAHUE) Furthêr discusston? Further discussion? Senator Shaw.

Thank you, Madam Presideat. Will thesponsoryieldfora j I couple questions? I I PRESIDING OFFICER: (SENATOR DONAHUE) I I Indicates he'll yield, Senator Shaw. 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 39th Legislative Day April 27, 1995 I I SENATOR SHAW: ! i Senator, eould you tell us - thls Body - when did ycu develop I thls brainstorm, in terms of this legùslatlon here? I PRESIDING OFCICER: (SENATOR DONAHUE) I Senator Fitzgerald. I SENATOR FITZGERALD: Yes. I actually cllpped that Tribune article way back when and was gotng to introduce a bill, and then I saw Representative Boland in the House introduce this -- essentially this same legislation in House Bill 825. That bikl closed the lccphole for home rule elected officials, and apparently, because of -- and he was a cosponsor with Maureen Murphy. Nowr apparently, when the airport controversy arrove Ksic>, Representative Boland was concerned that his motlvations in pushin: that bill Would be questioned, and therefore, he decided that he Would not allow his bill to be used at thts Elme. So Representative Murphy moved that blll: and I Would say that that Boland bill - I don't know the exact date it was filed - I imagine it Was ffled long before this whole airport controversy arrove Ksic>, which, in ny judgment, is all entirely irrelevant to the narrow issue at hand. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. SENATOR SHAW: Youlve -- you've answered akl the questions: but the one that I asked you. Didn 't you -- this amendmenty I -- I believe, was introduced on 4/15. PRESIDING OFPICER: (SENATOR DONAHUE) Senator Fitzgerald. SENATOR FITZGERALDI 1 Idon't knoW *hq daEe Ehe amendment was lntroduced. I believe...tmicrophone cutoffl... It -- it passed the House on 1 I I April 19th. j I 23 . q  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION I SENATE TRANSCRIPT I I I 39th Legislatlve Day April 27r 1995 i I I PRESIDING OFFICER: (SENATOR DONAHUE) ' I ! I SENATOR SHAW: I I When .was the airport question -- when -- when -- What date was 1 that, that that come up that We...

PRESIDING OFFICER: (SENATOR DONAHUE) Senator... SENATOR SHAW; ... the city made khe pact with Indiana then?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald.

I really don't know. PRESIDING OFFICER) (SENATOR DONAHUE) Senator Shaw . SENATOR SHAW ) Would you say on or about the -- April 15th2

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald .

I wouldn't speculate.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.

Well: 1et me ask you another questlon: If the federal government and the Chicago -- Chicago is a creature of thls State, if the federal sovernment -- and We holler about mandates and so forth around here a11 the time. If the federal government set forth a mandate for us like we're trying to set forth for the City oc Chicago, which ls a home rule unit/ Would -- hoW kould you feel about that?

PRESIDING OFFICER: (SENATOR DONAHUE) 24 l - .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 ' 1 I Senator Fitzgerald.

There's a major dlfference. The State of Illinois is a l sovevetgn State, and I woukd have to tell you that the local communltles ln Illinois are created by the State, by vkrtue of the State ConstituEions and their powers a1l derive exclusively from the State. And this simpky does not -- is simply our role. It is our unique role in the Lgglslature Eo set polictes for municipalitkes. We do that al1 the time, governing their creation, to their dissolution, and everything in between.

PRESIDING OFFICER: (SENATOR DONAHUE) Senatar Ehaw.

Did the federal government 1et us in as a State ln 18187

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald.

Yes.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.

Welk, -- welk I'm trying -- you're saying that lt's the difference between Chicago and the State of Illinois, even though wedre a creature of the federal government. Would you agree to that?

PRESIDINC OFFICER: (SENATOR DONAHUE) Senator Fitzgerald.

No. I think we, as a State, decided that We would beccme one of the United States.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. 25 l .. . I STATE OF ILLINOI; 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 39th Legislatlve Day April 27r 1995 i SENATOR SHAW: I l The -- the --myquestionhereis--andto thebill:andI know that I've worked wlth some of the aldprmen ln Chlcago for 1 I pany years, and I believe that -- as one of *he previous speakers said, that this was debated prior to the electlon. And I'm not arguing or debatins the merits of the raise or anything like that. But I think it's -- for this Body to take an issue like this up at this tine -- in light of the aldermen adhering to the Constltubion of this State... Before I get -- before I get to that, I want to ask one more question. Was -- was -- did the aldermen violate any ' j law when they passed this raise? I 1 PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald. SENATOR FITZGERALD: No, apparently they did not. They took advantage of a loophole in the law that we inadvertently created, or maybe not inadvertently. Apparently we dldn 't have the votes to close the loophole. But they took advantage of a loophole in the law, and tt was legal. Shockins, but legal. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw, will you please bring your remarks to a close? SENATOR SHAW: One other question) How many other municipalities in this State thaE that same locphole exists in today? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald. SENATOR PITZGERALD: We checked with DCCA and they couldn't :ive us a number on that. It's unknown. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. I I scuaœoRssaw; j 26  STATE OF ILLINOJS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislatlve Day Aprll 27# 1995 Finally -- well, I think that every c*her municipality in this l State have the Same oppcrtunity to do the same thing that Chicago iI I did. But we dtdn't include them in this bill. We 're singling Chicago out. And tt's a1l because of the airport deal, and I thlnk it's wrong. I think it's vindictive. I think it's mean-spirited, ln terms of movin: -- trying to move this type of legislation through the Legislature dawn here. If the people -- and the people will have an opportunity in 1999 to approve or dtsapprove. It should be lefE up to the people of the respective communtty where this occurred. I don't think we have any business ' d I oing that for *he -- just the City of Chicago because we didn't I I get our way with the airport, O 'Hare . We wasn ,t able to take it. I I I I think the pgople of - - of this State see through that. And I I don't know how anybody convinced you to carry this type of leglslation, because you didnlt include your town in this legislation. I thlnk it's wrong. I -- I bekieve that the citizens of this State, they're highly intelltgent people, and I certainly there will be some reprisals and the -- I must say that I 1I the Mayor of the City of Chleago probably made the right decision in terms of the airport deal. And I just think that this is no way I I to do it. I think that you should come to the table, sit down and I I talk about it and nct get down here and posture it through the 1 legislatlve process and to make people feel as though that youfre I trying to do something for them. If you're trying to do scmething 1 for them, you -- you would have lncluded al1 of the other towns in Illinoisf to prohibit them from dolng kt. PRESIDINGOFFICER: (SENATOR DONAHUE) 1 l Further discussion? Senator Molaro. I I

Thank you, Madam President, Ladies and Gentkemen of the 1 ! Senate. Would bhe SPOnSOC yteld fOr a Question? l I I PRESIDING OFFICER: (SENATOR DONAHUE) I I 27 y ' 2-- - - - - .:'. - - - - - - - - 1 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 k Indicates he 'll yleld, Senator Molaro. ' I i SENATOR MOLARO: : 1 Senator, if I'm right, thls is the firstHouse btll that we've I I been acting on. Do you know lf that's eorrect? I PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald. SENATOR FITZGERALD: That's incorrect. PRESIDING OFFICER: (SENATOR DONAHUE) Senaeor Molaro. SENATOR MOLARO: j I How many House bills on 3rd Reading have We acted on? I i PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Fitzgerald. VENATOR FITZGERALD: If you'll recallr We acted on a number of fast-track House bills earlier in the Sessionf most of which wenk up to the Governor and were signed. Tort reform: House Bill 20, would be a good example. PRESIDING OFFICER: (SENATOR DONAHUE) SenatorMolaro . 1 SENATOR MOLARO : . .. be the -- would this be the rirst non-fast-track House bill that youlre aware of? PRESIDING OFPICER: (SENATOR DONAHUE) Senator Fitzgerald. SENATOR FITZGERALD: I don't knoW that T1d characterize it as not being fas*-tracked. PRESIDING OFFICER: (SENATOR DONAHUE) j Senator Molaro. 1 I I I SEHATOR MOLARO: I 28 y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 Can you share the comm tttee spcnsored a House -- I picked up a House bill earlier. Can you share With the Body how would be able to get the House bll1 that I picked up voted on today? Is there any can you shed some light on hoW I can get that accomplished?

PRESIDING OEFICER: (SENATOR DONAHUE) Senator Fitzgerald.

Well: I hurried to move from 2nd Reading Eo 3rd Reading yesterday. Maybe if you had been as qulck.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro.

Let me ask you another question. Do you realize you 've gone from sixty days to a hundred and eighty daysr so you give bhem -- even non-home rule communities even moce time to play with the pay raise? You realize that. And I -- I vuess that's not a question, so he doesn't have to answer that. But let me ask you a dlfferent question then. If -- when was the last time the Chicago City Council did vote themselves a pay raise? Do you have any idea?

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Fitzgerald .

1991.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro.

And if this bill passes and becomes law: how -- khen is the next time they could consider and legally pass any type of pay raise, in your estimation?

PRESIDING OFFICER: (SENATOR DONAHUE) Senatcr Fktzgerald. 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day Aprll 27r 1995

I I I election. I PRESIDING OPFICER: (SENATOR DONAHUE) i Senator Molaro.

Al1 right. So therefore, according to my calculations, that would be 1999: and if tt reverts back, we're talking about elght years uithout any type of pay raise. So *e have people who ar9 worktng in the same job for any -- for nine years without any type of pay raise. You alsa have lt where the duties keep changing. As we a1l know, people expect more and mcre from their legislation. Everybody in this Chamber knows -- to the bill: Everybody in thls Chamber knows and realizes it's some form of retaliationr retribution, for the -- for -- for the airports. As my learned colleague from Inverness knows, he is perhaps the straightest shooter in this Senate, and T apprectate him being that way. And I know that he can smile and I know politics plays a game here. As much as we like to be governmental and statesmanship in nature in this Chamber, sometimes politics rears its ugly head in this I I Chamber and We have to go along with it. We have to do that from I 1 I time to time, and this is certainly one of them. But I would I I apprecfate, when it ls politics, Ehat we mention 1t. And when we I I act ltke statesmen, let the people know we're acting like statesmen. This is polltics pure and simple. It has *c be# it has to be. But remember What you 're doing. The Mayor of the City of Chlcaço is also like the Senator from Inverness. One thing you have to hand him is that hefs straight. He came out and said, ''I did this to protect the City of Chicago. I d1d gc around people. I I 1 I did keep it to my vest. I did Pull a fast one.'' He ?as I I I straigbt and said he did it, but he did it for the people of the I l City of Chicago. He did it for what he thought Was rlght for I I 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leqislative Day April 27, 1995 Chicago, to say what he thought was right for Chicago. Nou the response from the other side the aisle is not to also be governmental in nature and say, HOkay, CiEy and Mayor, this is what we 're goinq to take away from you. This is Nhat we're going to do for the State versus the City of Chicago.'' They didn't do that. They went personak. They went and said, ''We're going to kake away your money. We're going to hurt your families. We're gotng to hurt your penslons. We're going to make sure that you don't get a raise for the next eight years.'' They didn't go and talk about what they can do to the to the Assessor, to the Park District, to the Water Reclamation Distrlct, Water Department. They didn't go governmental like the Mayor went governmental. They decided to go personal. They decided to hurt famtlies and what they can do and say, ''We're not going to let you get a pay raise for eight years.'' That's Eidiculous. think lt's wronq, and think everybody should reflect what they're doing in this Chamber to :ood, solid elected officials. Thank you.

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

Thank you, Madam President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR DONARUE) Indicates he'll yield, Senator Jones.

Senator Fitzgerald, you mentioned somethlng about the -- the -- the flscal impact on the General Assembly Pension System . ïou mentioned that if this legislation passed, the Mayor of the City of Chicago gould -- Would do what to the GA Pension System?

PRESIDING OFFTCER: (SENATOR DONAHUE) Senator Fttzgerald.

31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 39th Leglslattve Day April 27, 1995 As I understand would cost the taxpayers an additional - - the State taxpayers an additional thirty tbousand dollars a year. The Mayor's retirement annuity from the General Assembly Retirement Fund would be bumped up to a hundred and forty-five thousand dollars a year, twelve thousand dollars a month.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones. SENATOR JONES; Well, you are a very enlightened Senatorv but you are totally incorrect. And it's unfortunate that you are you are passin: out erroneous information as related to the pension system. 1* does not cost the GA System one dime potentially, simply because built into our retirement system, they already have in there provislons in antlcipation of any increase. Furthermore: this General Assembly gave the -- the City of Chicago, as well as the County of Cook, an executive pension. He is the Mayor of the City of Chicago, so therefore, under the -- under the Municipal Penslon System , you have a two-tier system . He decldes -- elects to stay in there, in that system, then tbere is -- the fiscal impact will not hit this system. Furthermore, if you 're going to play games and play polttics with this issuer every Member who serves in this General Assembly that was here prior to January of 1995, under the current law, as given to them by the Constitutlon, they can leave here Senator Fitzgerald, Want your -- Senator Fitzgerald. Every Member that was elected prior to January 1995 can go out, become a judge, work for any municipal any other governmental entity and, by law, under the reciprocal, they qualify. I notice that you did not mention anything regardin: former Governor of the State of Illinois and his big pension. But - - bu* you cannot pick single out the Mayor because he has not elected to stay in the GA System. There is a executive pension for the Ctty of Chicago, so I think when you are reporting, you  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 l should report correctly. And I have the names of all the former Members - a1l the former Members - who qualify as it relate to the reciprocal. But when ycu pass out erroneous information, I think you do not only thls Body an injustlcey but also the people of the State of Illinois an injustice. Now I have ancther question I want to ask you . What percent raise are the aldermen getting? What is the percent?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald.

Thirty-six percent.

PRESIDING OFFICER: (SENATOR DONASUE) Senator Jones.

So therefcre, they're getting thirty-six percent for four years, correct? If you're correct in your figures. Well we, the Members of the Generak Assembly, you know, we receive pay raises too . But we get ours on the annual basis. Am I correct? Based on the cost of living. So when you add it up and compound it4 lt could come out to be quite a bit. When you add it up and compcund it, it comes out to be qulte a bit. I Won 't get into the constitutionality of the -- the bill, because it's quite evident that the Chair has ruled, but we, as Members of the General Assembly who are lawmakers, if we continue to trample on the Constitution - something that the people of the Illlnois -- of Illinols voted for and we swore -- took a oath of office to withhold -- and -- Eo support the Constitutkon of the State of Illinois - but Nhen we trample on that Constitutionr when we trample on al1 those provisions that's set forth, then how do you expec: the people of Illinois to not only respect the Constitution, but to respect us as lawmakers? Youngsters are being taught ln schocl the Constltution, b0th State and federal. . 33  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 And here we are, lawmakers, when it's clearly - it is clearly - a hcme rule pcwery ycu're saying, ''No# that does not exist.'' How do ycu expect them to support and respect the Constitution when you up there in your ruling totally disrespect it? But as it relate to the pension, let's make those things crystal clear. And if you're qoinq to publish the names of people, then publish a1l those individuals who receive it, as well as every Member of this General Assembly who was elected prior to January of 1995. But if you 're going to play silly pclitics, tell the truth when you play silly pclitics.

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

Thank your Madam President. As I sald before, you may question the motives of some people who support the bill, and I can't speak to their motives. But I Would encourage people to look at the merits of this bill and not vote for it or against it other than on the merlts, and it is good public policy. I just want to mention one issue that was raised by Senator Cullerton. I want to make clear for the record that this bill is an exercise of the concurrent jurisdiction of the General Assembly, not the preemptive -- preemption of exclusive home rule powers. The proposal does not purport to deprive home rule units of the power to fix the salaries of their officers. We are not going in and fixing salaries for local officials. We're not even mandating that the State exercise the pcwer exclusively, in which case I Would agree a three-fifths majcrity would require. This legislation is merely placing limitations upon when that power may be exerclsed, and it is quite appropriate that we consider it as falling under subsectkon (i) of Sectîoa 6 of Arttcle VII of the State Constltution. Finally, the issue before us really isn't the slze 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27: 1995 i 1 or the raises in Chicago. That lsn't for us to question? as large and as shocking to the conscience as they may have been. The issue ls whether we are going to close a lcophole that allows elected officials ln this State to go through an election, say . nothing about a pay raise, and then immediately after the election, vote themselves a pay raise and deprive their bosses, the voters, of a say-so in that pay raise, That's What this bill's about. I would not be putting my name on thls bill if I did not feel it were sound public policy, and I have no ax to grind. And I urge you, just as you should not vote for it out of political purposes, you should not vote against it because of the context. Hard facts sometimes make awfully good lawr and when this 1aw ls in the Statute books, no one will be asklng What the motivations were, why partlcular Senators voted for or against thîs bill. Vote for lt because it 's a damn good piece of legislaticn. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) The questicn isx shall House Bill 496 pass. Those in favor will vote Aye. Opposed; Nay. The voting is open. Have all voted who Wish? Have al1 voted who wisb? Have al1 voted Who Wish? Have all voted who Wish? Have a1l voted Nho wish? Take the record. On that question, there are 35 Ayes, 17 Naysr 5 voting Present. House Bill 496, havlng recelved the required constitutional majority, is deckared passed. Senator DeLeo, for what purpose do you rise? SENATOR DeLEO : I'm very sorry, Madam President, and I know it's Thursday afternoonr but we'd like to verify the roll call.

PRESIDING OFFICER: (SENATOR DONAHUE) That question is atways in order. Senator DeLeo has requested a verification. Will a1l Senators please be in their seats. W1l1 the Secretary read the affirmattve -- affirmattve vote. 35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27p 1995 i I SECRETARY HARRY: I Eollowing voted in the affirmative: Barkhausenz Burzynski, Butler, Cronin, DeAngelis, Dillard, Donahue, Dudycz, Ralph Dunn, ! Thomas Dunnr Fawell, Fitzgeraldr Geo-Karis, Hasarap Hawkinson, Karpiel, Klemmr Lauzen, Madigan, Maharr Maitland, O 'Malley, Parker, Peterson, Petka, Raica, Rauschenberger, Sgverns, Sleben, Syverson, Walsh, Watsony Weaver, Woodyard, and Mr. President.

PRESIDING OFFICER: (SENATOR DONAHUE) SenaEor DeLeo, do you question the presence of any Senator? SEHATOR DeLEO: Madam Presidenty as we were doing the verification, we did a visual checkr and everybody is here. Thank you Very much.

PRESIDING OFFICER: (SENATOR DONAHUE) On a verified roll callr *he Ayes are 35, the Nays are l7, 5 votin: Present. House Bill 496, having received the required constituttonak majority, ls declared passed. Senator Clayborne, for what purpose do you rise?

Yesv Madam PresLdent. I just Wanted to state that I do represent a home rule munlcipality and there may be a potential confllct; however, I did vote my conscience.

PRESIDING OFFICER: (SENATOR DONAHUE) Thank you, sir. We are ncw going to proceed to page 9: at the top of the page, Senate Bills 3rd Readingr where we left oEf. Senator O 'Malley: on Senate Bill 805. Read the bill, Madam Secretary.

senate Bill :05. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley. 36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legtslative Day April 27, 1995

Thank your Madam Presldent and Members of the Senate. Senate : I Bill 805, as amended, amends the Illinols Education Labor i Relations Act to redefine ''part-time employee''. Under current law, a part-time teacher covered by the Illinois Education Labor Relations Board is an employee who teaches less than six credit hours of instruction per academic semester. Senate Bill 805, as amended, would chanse the definition to include any teacher who provides fewer than eight credit hours per term . Those who have been proponents for thls bill argue that it is needed to permit part-time teachers to teach more than one course. And my interest in this bill is -- is primarily to make sure that -- that teachers are present on campus, and teaching more than one course will ensure that. I'd be happy to answer any questions there may be.

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

Thank you, Madam President. I rise in oppositlon to this billy because under current law, a part-time academic employee musk have at least six credit hours per semester to be included inanycollectivebargatnlngunltaeacommunity college. Think j the net effect is that part-time academic employees will need ten hours per two semester academic years to be included ln the collective bargaLntng processz rather than the current tuglve hours. In essence, this bill would alter radically and have a profound effec: on bargaining unlts throughout Ehe community colleges' system. By reducinq the number of hours needed for entry, a bargaining unit could be open eo a larger number of eligible participants who are nct full-time academics. Essentlally, Ehls blll, I think: seeks to reduce the number of teachers that would be eligibke to become unionized and part of collgctive bargaining agreements. I thlnk lt seeks to reduce that ; 37 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislattve Day Aprll 27, 1995 j ; l so that people won't have the ability to join unions. Both the I 1 Illinois Federation of Teachers and the IEA, as Well as the ! AFL-CIO : are opposed to this bill. I'd urge a No -- No vote. I PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Seeing none, Senator O'Malley, to close. SENATOR O 'MALLEY: I would just like to say briefly that this is noL intended, at least by this sponsor, and I believe by anybody else that has dealt with me on thisr to -- tc oppose union membership. The purpose cf this bill is to make sure that part-time teachers have - - are more accessible to students. That can be done by having two courses. Present law makes it very difficult for communlty colleges to have part-time -- part-time teachers for more than one course. The original -- the legislation as it was originally introduced was at ten hours, and we amended lt to take it to eight hours to make sure that there Wouldn't be any abuse, Where perhaps it were -- where three -- or three courses might be what a -- what a part-time teacher could qualify for. But in any event, I would appreclate a -- a favorable roll call. Thank you. PRESIDING OPFICER: (SENATOR DONAHUE) The question is, shall Senate Bill 805 pass. Those in favor will vote Aye. Opposed, Nay. Th9 voting is open. Have al1 voted who wish? Have a1l voted who wish? Have al1 voted who wish? Have all voted who Wish? Have a1l voted uho wish? Have a11 voted who wish? Take the record. On that question, there are 30 Ayes, 27 Nays; none votin: Present. Senate Bikl 805r havin: received the required constitutional majcrity, is declared passed. Yes, Senator Garcia. For what purpose do you rise? SENATOR GARCIA: Madam President, I'd like to move to verify the roll call. PRESIDING OFFICER: (SENATOR DONAHUE) 38 L -  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULKR SESSION SENATE TRANSCRIPT 39th Legislatlve Day April 27, 1995 I I That question is alWays in order. Senator Garcia has ! requested a verification. Will a1l Senators be in their seats. : I And, Madam Secretaryr wll1 you please read the affirmative votes. ACTENG SECRETARY HAWKER: . The following Members voted in the affirmative: Barkhausen, Burzynskip Butler, Croninr Dillard, Dcnahuer Dudyczr Ralph Dunn, Fawell, Fitzgerald, Geo-Karls, Hasara, Karpielz Klemm y Lauzen, Madigany Mahar, Maitland, O'Malley, Parker, Petkar Raica, Rauschenberger, Sieben, Syversonr Walsh, Watson, Weaver, Waadyard, and Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcla, do you question the presence of any Member? SENATOR GARCIAI Senator Burzynski.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Burzynskl? Senator Burzynskl is standing next to Senator Barkhausen.

Senator Wocdyard .

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Woodyard is standing at his chair.

Senator Sieben.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben is seated in hls chair, now standing.

Senator DeAngelis.

FRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis was -- I don't think was voting in the affirmative.

Ohr pardon me. Senator Syverson. 39  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995

PRESIDING OFFICER: (SENATOR MAITLAND) Senator SXVerSOZ. Senator SXVPrSOR OX the Z1OOr? HP'S OR thC i I Floor. I SENATOR GARCIA: l Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you. On a verified roll call, there are 30 Members voting Aye, 27 Members voting Nay, no Members voting Present. Senate Bill 805, having received the required constitutional majority, is declared passed. Senate Bill 812. Senator Bowles. Senate Bill 816. Senator Raica? Al1 right. Earlierr Senator O 'Daniel had sought leave to handle Senate Bill 8l2 for Senator Bowles. Read the bill, Madam Secretary.

Senate Bi11 812. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. Presidenty Members of -- of the Senate. Senator Bowles had to be away today, and I agreed to handle thls. I see it came out of committee with 10 Yeas and no Nays. Actually what the bill does, it -- it deals strictly with -- with jimsonweed. There's been chemical compounds that are betng nade illegal by this bill, are naturally derived from jimsonweed. Seems that the Etate's attorney in Madison County has some youngsters that were either sucking on the seeds or *he leaves of jimsonweeds, and there's been a couple or three deaths. I -- I I don't know cf any opposition. If -- if there -- have any questionse 1'11 attempt to answer them . If noty I'd -- I'd appreciate a favorable roll call. I I 40  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCREPT 39*h Leglslaklve Day Aprll 27r 1995

PRESIDING OFPICER: (SENATOR MAITLAND) ls there discusslon? Is there dlscusslon? If not, the guestion is, shall Senate Bill 8l2 pass. Those favor will voEe Aye. Opposedr Nay. The voting is open. Nave a1l voted Who Wish? Have a11 voted who wish? Have al1 voted who wish? Take the record, Madam Secretary. On that question, there are 57 Ayes, no Naysr no Members votin: Present. Senate 5i11 812, having received the required constitutlonal majority, is declared passed. END OF TAPE TAPE 2

PRESIDING OFPICER: (SENATOR MAITLAND) Senate Bi1l 818. Senator Dillard. Read the bill, Madam Secretary.

Senate Bill 818. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dillard.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 8l8 gives emergency telephone boards what a number of publtc entities who actually administer emergency telephone or 9-1-1 service already have, and that is immunlty for thelr servlce as a board member barrinq any willful or wanton misconduct, and really this clarifies what other local government units have that deal with emergency phone system . a problem with one  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leglslative Day April 27, 1995 & particular emergency telephone board I have in my area, in i unincorporated Dupage County, and I'd be happy to answer any quesEions. PRESIDING OFFICER: (SENATOR MAITLAND). Is there dlscusslcn? Is there discussion? If not, the question ls, shall Senate -- Senate Bilk 8l8 pass. Those in favor will vote Aye. Opposed, Nay. The votin: is open. Have a1l voted who Wish? Have a1l voted who Wish? Havo all voted who wish? Take the record, Madam Secretary. On that question, there are 52 Ayes, no Nays, nc Members voting Present. Senate Bill 818: having recetved the required constituttonal majortty: ts declared passed. I inadvertently passed over Senate Bill 816. Senator Raica. zead the bill, Madam Secretary.

Senate Bill 816. (Secretary reads title of bill) 3rd Reading of the bill. ,

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica.

Thank you for your courtesy, Mr. President. Senate B(ll 816, as amended: is an agreement that's been worked out between the Cook County State's Attorney's Office and the Department of Mental Health and the Hospital Association. Basically what it does is requires that a mental health facility director to notify the StaEefs Attorney When dtscharging a reckpcent when Ehe State's Attorney has requested to be notified of a particular discharge. If you remember, Floor Amendment No. 1 also requires the facility director to notify the State's Attorney when discharging a recipient who ës denied -- or, is deemedr I'm sorry, a threat to the peace and the safety of the community. This Nas an agreed to by a11 partiesy and I just would ask for a good roll call. 42 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 ' PRESIDING OFFICER 1 : (SENATOR MAITLAND) Is there discussion? Is there discussion? If not, the questlon is, shall Senate Bill 8l6 pass. Those in favor will I vote Aye. Opposed, Nay. The votln: is open. Have all voted who wish? Have al1 votod who wish? Have all voted wbo wish? Take the record, Madam Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. Senate Bill 57, having recelved the -- Senate Bill 816, havinq received the required constitutional majority, is declared passed. Senate Bill 823. Senator Mahar. Senate Bill 824? Senate Bill 825. Senator Philip. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: Senate Btll 825. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Phllip. SENATOR PHILIP : Thank your Mr. President. Ladies and Gentlemen of the Senate. This is a vehicle bill for judicial reapportionment. I'm not sure if we -- whekher we can ever aqree on Lt, whether we'll ever pass it, but I'd like to at least get it over to the House. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Is there discussion? The question isr shall Senate Bill 825 pass. Those in favor will vote Aye. opposed, Nay. The votinq is open. Have a1l voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 32 Ayes, 3 Nays, 19 Members voting Present. Senate Bill 825, having received *he required constitutional majority, is declared passed. Senate Bill 829. Senator O 'Malley, do you wish this bill re*urned to the Order of 2nd Reading far the purpose of amendment? Senator 43 ( '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 O'Malley seeks leave of the Body Eo return Senate Bill 829 to the Order of 2nd Reading for the purpose of an amendment. Hearing no i objectionr leave is granted. On the Order of 2nd Reading is i Senate Bill 829. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 1, offered by Senator O'Malley.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Ma11ey.

Thank you, Mr. President. The -- the amendment -- what iE does is limit the application of the legislation to units of local government, as defined under Article -- Section l of Article VII of the Constitution, or school districts.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator O'Malley moves the adoption of Floor Amendment No. 1 to Senate Bill 829. Thcse in favor, say Aye. Opposedr Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendmen*s approved for consideration, Madam Secretary?

No further amendments reported, Mr. President.

PRESIDING OPFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 830. Senator Geo-Karis. Read the bill, Madam Secretary.

Senate Bill 830. (Secretary reads tikle of bll1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Geo-Karls.

44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislatlve Day April 27, 1995 Mr. President and Ladies and Gentlemen of the Senate, Senate Bill 830 amends the Open Meetlngs Act by stating that meetinss to discuss whether a particular parcel of property should be acquired are not required to be open meetings, because otherwise that wculd defeat the purpose, and once people hear about what property is involvedr you know what happens: the price goes up. And specifies that at any open meeting for which proper notice will be given, a public body may hold a closed meeting withcut providin: addttional nctice, and further that -- requires an agenda for each regular meeting be posted at the principal office of the public body and at the location where the meeting (s to be held. And ask for a favorable vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question 1s, shall Senate Bill 830 pass. Those ln favor will vote Aye. Opposed, Nay. The vottng is open. Have a11 voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take khe recordr Madam Secretary. On that question, there are 57 Ayes, no Nays, no Members voting Present. Senate Bill 830, having received the required constitutional majority, is declared passed. Committee Reports.

Senator Mahar, Chairperson of the Committee on Environment and Energy, reports Senate B)ll 1058 Do Pass. Senator Petersonr Chairperson of the Committee on Revenue, reports Senate B(ll 295 Do Pass, as Amended; Senate Amendment No. Senate Bill Be Adopted, Senate Amendment No. l to Senate B111 134 Be Adoptedr Senate Amendment No. to Senate Bill l35 Be Adopted, Senate Amendment No . 2 to Senate Bill 368 Be Adopted, Senate Amendment No. 2 to Senate Bill 726 Be Adcptedr Senate Amendment No. Eo SenaEe Bkll 753 Be Adopted and Senate Amendment No . 1 to Senate Bill 843 Be Adopted.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 274 1995 Senator Barkhausen, Chairperson of the Committee on Financial Institutions, reports Senate Bill 1208 Do Pass, as Amended.

PRESIDING OFFICER: (SENATOR MAITLAND) Senate Bill 842.' Senator Cronin. Read the bill, Madam l j SecreEary. i

Senate Bill 842. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. This bill seeks to amend the Insurance Code to provide that an optlcal imaglng of a book, record, document, account or voucher shall be considered the same as the original, and a transcript or a certified copy of an optical imaglng shall be deemed to be a transcript or certified copy of an orlginal. There 's no opposition to this bill. It flew out of committee with no -- with all unanimous Yes votes. I ask for your favorable consideration. Thank you. ' PRESIDING OFFECER: (SENATOR MAITLAND) : Is there discussion? Is there discussion? If not, the question is, shall Senate Bill 842 pass. Those ln favor wlll vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wlsh? Have all voted who wish? Have all voted who wlsh? Take the reeordy Madam Secretary. On that questlonr there are 57 Ayes, no Naysr no Members voting Present. Senate Bill 842, having received the required constitutional majority: is declared passed. Senate Bill 843. Senator Croninr do you wish -- do you wish bhis ' bill -- a11 right. Out of the recordr Madam Secretary . Senate Bill 850. Senator Dudycz. A11 right. Senate Bill -- Senate Bill 46  STATE OF ILLINOIS 89TH GENERAL AESEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, k995 ' 1 I 843. Senator -- Senator Croninz do you wish this bill returned tc the Order of 2nd Readin: for the purpose of amendment? Senator Cronin sgeks leave of *he gody *o return fenate Bl1l 843 to the j Order of 2nd Readtng for the purpcse of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 843. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 1, offered by Senator Cronin.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

Thank your Mr. President. I apologize for my hesitation there. Senate Amendment No. l was adopted in committee this morning. There was a thorough debate on it. This amendment was offered in response to some concerns that were raised by committee Members the first time the bill Was heard. A11 th9 various interest groups and parties got together, came up with some language that we believe addresses a11 the concerns. It provides generally that those Lottery winners Who may elect to assign their prize: under the proposal of this bill this would not take effect unless and until the Internal Revenue Service gives a ruling that that would not constitute constructive receipt, in that they elect to assign the prize. So the -- we need to hear from the IRS before this becomes law, and this gas passed out of Revenue Committee on a unanimous roll call, and I ask for your favorable conslderation.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senatcr Cronin has moved the adoption of Floor Amendment No. l to Senate Bill 843. Thcse in favor, say Aye. Opposed, Nay. The Ayes have it: and the amendment is adopted. Any further Floor amendments approved fcr 47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 consideration, Madam Secretary?

No further amendments reported, Mr. President.

PRESIDING OFFJCER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 854. Senator Molaro / do you Wish this bill returned to the Order of 2nd Readinç for the purpose of amendment? Senator -- Senator Molaro seeks leave the Body to return Senate Btll 854 to the Order of 2nd Readtng ëor the pûrpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 854. Madam Secretary: are there any Floor amendments approved for considgration?

Floor Amendment No. 2, offered by Senator Molaro.

PRESIDING OFFICER: (SENATOR MAITLAND) senator Molaro.

Yes. This is a bill about canned bunts. What happened wasr in committee, we adopted some amendments. We changed the name ta the Zoo Animal Act Isic>, which had some objecticn by the zoos looks like we're singling them out. So al1 thls amendment does is change it back to the Exotic Animal Sale Act, Whkch was previously. And 1'd ask for a favorable roll call on the amendment.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussion? Hearing none, a11 those in favor, please vote by -- any discusslon? All those opposed, say Nay. those opposed <sic> , say Aye. The Ayes have Any further Floor any further Floor amendments?

No further amendments reported, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Readinq. Senator Molaro. 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39*h Legislative Day April 27f 1995

.. . tmicrophone cutoffl...now ask leave of the Chair, or leave of the Body - I don't know What the proper mction is - to return thls blll to 3rd Reading, and have a so that it can be considered by this Body now.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Molaro, We haven't been doing that, and we do have so many btlls on to go . So if you don't mind, I will not honor your request at this time. Senator Molaro.

That ls the ruling the Chatrz would just then suggest that then we would keep that throughout the rest of the -- the afternoon.

PRESIDING OFFICER: (SENATOR GEO-KARIS) I try.

A1l right. Thank -- thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senate Bil1 857. Madam Secretary, will you read the bill.

Senate Bill 857. (Secretary reads title of bill) 3rd Readlng of the bill.

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

Thank you, Madam President, Ladies and Gentlemen of the Senate. This bill creates the Hockey Facility Liability Act, and states that the owner or operator of an ice hockey facility, such as one that I have in my distrlct, the Seven Bridges Ice Arena: is not liable for injury to the person or property of any person as a result of that person being hit by a hockey stick cr puck unless 49  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislattve Day Aprll 27, 1995 two Ehlnqs: That *he person is behlnd a screen or protective glass Which defective because of the negligence of the owner or operator; or: the injury is caused or created by willful and wankop conducEr ln connection with the game of hockey, of the owner or operator or any hockey player or coach employed by the owner or operator. This bill is virtually identical to a bill we passed for the Chicago Tribune some years ago, for Wrigley Field and for baseball, and is now known as the Baseball Facility Liability Act. The bill's supported by the Illinois Association of Park Districts, the Illinois Municipal League, the Rosemont Horizon and the United Center, and I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusslon? Hearing none, Senate Bill 857 is up for a vote. The question is, shall 857 pass. Those tn favor Will vote Aye. Those opposed Will vote Nay. The voting ls open. Have a11 voted uho wished? Have a1l voted Who wished? Have all voted who wished? Take the record. On that question, there are 55 Ayes, none voting Nayr l voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 859. Senator Maitland. Madam Secretary, will you read the bill.

Senate Bill 859. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you very much, Madam President. Senate Bill 859 creates the Indirect Cast Fund under the Department of Professional Regulation. It lays out the uses for that Fund. requires DPR 50  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY j REGULAR SESSION SENATE TRANSCRIPT I 39th Legislative Day April 27, 1995 I to prepare a eost allocation analysis to be used in establishing . I appropriation levels. It amends a1l licensing Acts under the Department that maintatn their own dedicated fund to allow transfers to the Indirect Cost Fund. I Would be happy to respond I to any questions you might have; otherwise, Would appreclate your support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, on that questicn, shall Senate Bill 859 passp those in favor, vote Aye. Those opposed will vote Nay. The votin: is open. Have all voted who wished? Have a11 voted Who wished? Have all voted who wished? Madam Secretary, take the roll. On that question, there are 56 voting Aye, none voting Nay, none voting Present: and this bill, havkng received the required constitutional majority, is hereby declared passed. Senate Bill 906. Senator Walsh. Madam Secretary, Will you read the bill?

Senate Bill 906. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER; (SENATOR GEO-KARIS) Senator Walsh. SENATOR WALSH; Thank you: Madam President. What Senate Bill 906 does is it directs the Department of Mental Health and Developmental Disabilities to study the feasibility of entering into private contracts for repair and maintenance of Department facilities. This is just a study, and I'd be happy to answer any questlons.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any dlscussion? Any discussion? Hearin: none, the question isr shall Senate Bill 906 pass. Those in favor will vcte Aye. Those opposed will vote Nay. The voting is open. Have a1l voted 51  STATE OF ILLfNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legkslatkve Day Aprkl 27r 1995 who wlshed? Have a11 voted who wished? Have all voted who ! wished? Madam Secretary, take the record. On that questlon, there are 47 voting Aye, 6 voting Nay, 2 voting Present, and this . ; bill, having received the required constitutional majority, is I hereby declared passed. Senate Bill 942. Senator Sieben. Senate - - out of the record. Senate Bill 944. Senator Watson. Senator Watson there? Senate Bill 946. Take 944 out of the record. Senator Dtllard . Senator Dillard . Madam Eecretary, will you read the -- the bill?

Senate Bill 946. (Secretary reads title of bill) 3rd Readlng of the bill.

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

Thank you, Madam President, Ladies and Gentlemen of the Senate. Thls blll comes to this Body from a number of educational institutions, including Chicago museums, but particularly brought to my attention by a couple of health education centers, one of which is in Peoria; another is in my district in Hinsdale, named the Robert Crown Center. And what we're doin: with this bill is clarifying - and there is a difference of opinion between the finance section at the State Board of Education and the legal section - we're clarifying that field trips to educationally related places are reimbursable under the State transportation formula. It really is intended to follow what the le:al department believes is the 1aw now, but this just clarifies it, and I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, the question is, shall senate Bill 946 pass. Those in favor, vote Aye. Thlse opposed I ! 52  ! STATE OF ILLINOIS 89TH GENERAL ASSEMPL? ' REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 will vote Nay. The voting is open. Have a11 voted who wished? Have a11 vcted Who wished? Have a1l voted who wished? Madam Secretary, take the record. On that question, there are 57 voting Ayer none voting No/ none voting Present, and this bill; having received the required ccnstitutlonal majorityr is hereby declared passed. Senate Bill 947. Do you wish to recall that bill, Senator Dudycz? The -- Senate Bill 947, Madam Secretary. Senator Dudycz seeks the leave of the Body to return Senate Bill 947 to the Order of 2nd Reading for the purpose of an amendment or tabling an amendment. àearing no objection, leave is hereby granted. On the Order of 2nd Reading is 2nd -- ls Senate Bill 947. Madam Secretary, will you tell us, are there any Floor amendments approved for consideratkon? ACTING SECRETARY HAWKER: Amendment Na. 2, cffered by Senator Dudycz. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dudyczr Amendment No. 2. SENATOR DUDYCZ: ... tmicrophone cutoffl...president. Thank you, Madam President. Amendment No. 2 just adds the city clerk and the treasurer to the requirement that the race of mayor, city clerk and treasurer would be the -- they would be elected at the consolidated election, rather than in -- in the April election -- general election. This is just correcting an oversight. We were hoplng to get the mayor's race nonpartisan, and if we would have kept tHe clerk and the treasurerls race partisan, we would still have the two elections theoretically. So this Will just correct that, put them all toqether witb the aldermen. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- any further dkscussion? Eearing none , all those in favor, say Aye. Aye. And a1l those opposed, say Nay. The Ayes have it, in the opinion of the Chair. The amendment's adopted. 53 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Lesislative Day April 27, 1995 Are there any further Ploor amendments? ACTING SECRETARY HAWKER : I No further amendments reportedz Madam President. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. The next bill is 951. Senator Klemm. Madam Secretary, will you read 9517 ACTING SECRETARY HAWKER: Senate Bill 951. ! (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm . SENATOR KLEMM: Thank you, Madam President. Since this ls th9 bill that we talked about before, limiting expenditures by political committeesr I don't think the Chamber is ready for this btllr and 1'11 take it out of the record. PRESIDING OPFICER: (EENATOR GEO-KARIS) Thank you very muchr Senator Klemm. Senate Bill 961. Senator Fitzgerald. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: Senate Bill 961. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fitzgerald. SENATOR FITZGERALD: Thank you, Madam President, Ladies and Gentlemen of the I : Senate. Senate Bill 96l amends the School Code to allow private bus contractors to offer bids to school dlstricts to operate their bus transportation sysEem . I have been working wlth the Statewide I School Management Association, and We have put in amendments that 54 ) '  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27: 1995 would provtde that the schoot dëstricts do no* have to accept the bids, but they would simply, after the bidding process, have to allcw the contractors to know What the school district's in-house cost of doing the transportation is, so that in the future the contractors could formulate their bids. And there would be no penalty in it for school districts that do not accept the bids, and this is a compromise I have worked out between the schcol bus contractorsr School Transportation Association and the Statewide School Management Association. I'd certainly appreclate a favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, on that question, the question is, shall Senate BLll 96l pass. Senator Garcka, I dtdn't -- you didn't have your light on, but 1'11 honor your request to speak.

Thank you, Madam President. Would the sponsor yield?

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

Senator Fitzqerald, in your estimation of the billy could this jeopardlze bus -- bus drlvers' jobs who are currently employed by school districts who have not prlvatized?

PRESIDINC OPFICER: (SENATOR GEO-KARIS) Senator Eitzgerald.

Nor not at all.

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

Senator, in -- in districts who do their own busing currently, what guarantees or what avenues would be open to bus drivers so 55 ' L' .  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 that: if a district chooses to privatize, they won't be left out in the cold? PREEIDING OPPICER: (EENATOR GEO-RARIS) , Senator Fitzgerald. SENATOR FITZGERALD: r As you heard the testimony in the committee, we have substantially watered down the bill, so that the school district would not be requtred to accept the contractor's bid if it were lower. But assuming that school district does hire a private contractor, and it could certainly do that now without my bill, as was -- the testimony was in committeey the school transportation contractors ordinarily attempt and work out an agreement with the school district whereby they hire *he in-house providers -- drivers from the school district and that is normally part of the transportation agreement with the district, and the testimcny was that they normally hire them at the same pay, if not higher.

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

Would this also lnclude the same benefits?

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

It certainly can, and normally that -- all the salary and beneftts cf the drivers' is part of the discussions on the contract between the school district and the contractor.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Garcia. SENATOR GARCIA: I Might this bill become a burden for local school districts, to determine what their current costs are? PRESIDING OFFICER: (SENATOR GEO-KARIS) ! 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 l Senator Fitzgerald.

I don't thlnk so, because I -- I would hope that most of them are analyzing from time tc time What the costs of their doing it in-house, as opposed to sendin: lt to an outstde contractor, are.

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

Thank you, Senator Fitzgerald. I would just urge our Members and everyone who cares about Wcrking people to be very cautious, and therefore, Would urge a No vote on this. Thank you.

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

Thank you, Ladies and Gentlemen of the Senate. This bill worked out to be slgnificantly more watered down frcm originally: and I thlnk the testimony even was from a union official thatr as With the amendments, they did not oppcse it. This is a compromise between the School Transportation Association and the Statewide School Management Association. It's a good bill. It has no punitive effect on school districts that do not outsource their school bus transportation system. It would simply give contractors the oppartunity to bid and to find out what the costs are that the school district has. It's a good bill. It should save money in some school districts where they may decide to privatize. Thank you. I'd appreciate a favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 96l pass. Those in favor, vote Aye. Those opposed will vote Hay, and the voting is open. Have all voted who wished? Have a1l -- have all voted who wished? Have all voted Who wished? Have a11 voted who wished? Have all 57  STATE OF ILLIHOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 voted who wished? 1111 take the record when I see fiE to do so . Have a11 voted who wished? On that question, Madam Secretary, you wtll take the roll. There are 26 voting Ayer 28 voting Nay, 2 voting Fresent. And this bill, having failed to receive the requlred constitutional majority, is hereby declared failed. Did ycu wish to postpone consideration? Postponed Consideration by the sponsor. Senate Bill Madam Secretary, will you read the bill. ACTING SECRETARY HAWKER: Senate Bill 971. (Secretary reads title of bill) 3rd Reading of the blll. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Malley. SENATOR O 'MALLEY: Thank you, Madam President and Members of the Senate. Senate Bill 97l creates the Schcol Impact Fee LaW to establish a process whereby units of local government may impose development exactions on developers for the acquisition of school lands and for the construction of school facilities in order to meet the educational demands of new development. In addition to explainlng or introducing the legislation, 1et me just say this: Many of you know that I have been interested in negotiatin: for the past year on the issue of schcol impact fees. Last year, we passed from this Chamber a shell and sent it to the Hause far the purposes of continuing the negotiations. Ladies and Gentlemen, those negoEkatkons did not continue the fashion that they should have, and and as a result of that, we do not have an agreed bill in front of this Chamber today. I Would say to you, however, that I think thls ls an lmportant issue that is -- is begging for solution the State of Illinois. I think this leglslation, by sending to the House in a more substantive 58 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27: 1995 fashion, will allow tha: to happen. I have encouraged a11 the parties to negotiate in good faith, and they have been negotlaElng in good faith, in my opinion. Houever: they need to keep their feet to the fire, and wlth deadlines being what they are, -- I would encourage that -- that this Body help me send Ehis legislatlon to the House, Where the negotiaticns have primarily been convenedr so that they have this bill before them for consideration. I'd be happy to answer any quesklons you may have. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discusslon? Senator Thomas Dunn. SENATOR T. DUNN: Thank you, Madam President. want Eo join Senator OfMalley and compliment his -- compliment him on his efforts to deal with a very difficult problem that ls presented b0th to schools and to builders and to future consumers who would locate in a certain area when they buy a home. The average price of an impact fee in the State of Illinols is approximately three thousand dollars that is contrlbuted by the builders. They are also hit with other fees, as you well kncw: park districts and fire districts. This is an attempt - a legitimate attempt - to codify a problem that has existed for a substantial perlod of time. It's a -- it's an area that really cries out fcr some form of an agreement, and thks is a good start. PRESIDING OFFICER: (SENATOR GEO-XARIS) Further discussion? Senator Berman. SENATOR BERMAN: Question of the sponsor. PRESTDTNG OFFTCER) (SENATOR GEO-FARIS) He indlcates that he Will yield. SENATOR BERMAN: Have Senator O'Malleyr has there been any meetinq held in the ten, twelve days since this was the Senate committee? 59 I .' .. '- --...  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senatcr O IMalley . I I

Senator Bernan, there have been a number of meetings. There have been meetinqs primarily over in the House; although, the parties are today negotiating in Chicago . And I really think thak the parties -- I believe - because I actually Witnessed one of the negotiations - that they are acting in good faith on b0th sidesy or a1l sides. And so, yes, those negotiations have continued. ; I've encouraged them. I know that you have. And I believe they will continue, but we need this to keep lt gclng.

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

Do we have a commitment from you and Whcmever will handle the bill in the House that it Will be amended in the Hcuse so that we can see what the final product may be? PRESIDING OFFICER: (SENATOR GEO-KARISJ Senator O 'Malley. I

Senator Berman, I -- as We a1l know, I can 't control everything that goes on in the House, and -- and -- nor can youz but I can tell you this: Ehak the percentages that this bill in this form Would be passed by the House are extremely low. I Will encourage, as I lndicated in the committeer that the partles continue to negotiate in good faith. I fully anticipate, and I Will encourage, that there be an amendment developed as a result of these continuing negotiations, so thatr yesr this Chamber Wlll i i see the final product. ! I

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

60  . ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR sEssloN SENATE TRANSCRZPT I 39th Legislative Day Aprll 27, 1995 I I Eake Ehak that you are gcing to ask that -- that an amendment be placed in the House. Is that rlght? PRESIDING OFFICER; (SENATOR GEO-KARIS) Senator O 'Malley. . SENATOR O 'MALLEY: That is correct: Senator. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. Senator DeAngelis, further discussion? SENATOR DeANGELIS: Thank you, Madam President. PRESIDING OFFICER: (SENATOR GEO-KARIS) I didn't mean to interrupt your dinner. SENATOR DeANGELIS: I just want to say that this is a -- a very good step in a highly controversial and exploskve area, and I commend you for this, Senator O 'Malley. Keep it moving. PRESIDING OFFICER: (SENATOR GZO-KARIS) Further discussion? Senator Klemm. SENATOR KLEMM: Thank you -- thank you, Madam President and Ladies and Gentlemen of the Senate. I'd like to commend Senator O'Malley for trying to work some compromise out on an issue that's been a very dlfftcult one and an issue that is very important to the growing areas of -- of Illinois. However: I must stand in -- opposed to the provisions of this bill, not because I don't want to see the continuation of dialogue between the parties, but realizing that another companion bill, if you Will, addressin: this same subject in the House, has fallen down and -- and the negotiations have endedr probably because this bill is pending, and there 's no need for some parEies to contknue the dkscussion if this bill were to be passed . As I interpret the bill, it appears as if therels almost a cap of how much a developer donation could be of about 61 (, '  STATE OP ILLINOIG 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIFT 39th Leglslatlve Day April 27r 1995 six hundred and sixty-six dollars. In my area, we know that new growth, new construction of schools to take care of the new growth, is nowhere near six hundred and sone dollars. We found out tbak back ln the late 1970s, when I was chairman of the county board in Mcsenry County, we passed the first developer donation ordinance in a county in the State of Illinois. And people at that time said: ''You know what this is going to do is put a damper on growth. This is terrible to have the home buyers Who come in and want those infrastructures to have to pay for it. What we should do is let the old-timers pay their way and then pay for the new growth akso .'' So what's happened in McHenry County? Let me qive you an example what -- when we passed this ordinance requiring a developer dcnation. McHenry County in the 1980s was the fastest-growing county in Illinois. In the 1990s, McHenry County is, again, the fastest-growing county ln Illinois. And in fact, statlstics show that it's elther the fifth or slxth fastest-growing county in the entire rnited States. And that's with a developer donation contribution. So when the bullders tell me that there -- thls stifles growth and it costs them money: it really doesn't. What lt does is really shlfts it to the home buyer. There's no question about that. We know that, bu* these are the services they Want to enjoy and We like to share that with them. But isn't it fair that some of these people pay a certain percentage to share and use this new growth? My school distrëct, which is relatively small compared to to Rockford and Chicago, but it's one of the largest in McHenry Countyr this year alone had almost eiqhK hundred new children kn one year. That's almost one neW school building. Las: year it was seven hundred and something. The year before that it was six hundred and something. Now , we have referendums and we try to pass them, and sometimes we do and sometimes we don 't. But everybody there says, ''Why don't we have new growth at least pay some of the share of the cost of 62 ' '= . .  STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39*h LegislaEive Day Aprtl 1995 what new growth is asking for in the infrastructures? We'1l share; we'll pay ours; weill eontinue to cooperate because we value the growth and we value the tmpcrtance of education.'' But to end up putting a limitation ln mg couney, gany of the municipalities have ordinances that say about twenty-seven to three thousand dollarsr and it has not stopped one home sale yet.

PRESIDING OPFICER: (SENATOR GEO-KARIS) Could you bring your remarks to a close?

Wellr an important issuey and I ask for your support to not send this over as this is the panacea that this is going to help us. I encourage the Senator to continue this debate. But if we send this bill over to the House, it's going to send the signals tbat this is what we think should be the limitations; thks is what we should do. This would be wrong, and I ask for your opposition to this provision. Thank you.

PRESIDTNG OPFICER: (SENATOR GEO-KARIS) Further discussion? Senator Fawell, briefly.

Will the -- wl1l Ehe sponsor yield for a question?

FRESIDING OPFECER: (SENATOR GEO-KARIS) He indicates he will.

Could you tell me Where the Illinois Association of School Boards is on this particular issue? PRESIDING OFFICER; (SENATOR GEO-KARIS) Senator O'Malley.

I I believe -- if they're part of tbe Alliance, and I believe they are, then Ehey would be in oppcsition to this particular bill.

PRESIDING OFFICER: (SENATOR GEO-KARIG)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leglslatlve Day April 27, 1995 Senator Fawell.

.- apologizg. I -- meant the Alliance. Is the Alllance against it?

PRESIDING OFFICER: (SENA;OR GEO-KARIS) Senator O 'Malley.

They -- Senator Fawelly they registered opposition in conmittee. They are part of the negotiattons that are continuing, and I believe, in good faith, by the Management Alliance, I might add.

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

Well, my experience with the Alliance is they are not to be trusted. I will vote With you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator O'Malley, to clcse. Senator O 'Malley, to close.

want to be very brief in my closing remarks, other than to say the following: That I think Senator Klemm made some very good points as to why (t is so important in high-growth areas to finally tackle this issue, not only for schools, but for the families that are movlng into those areas so that the money that, yes, they pay when they purchase a home, indirectly, to developers, who then pay, hopefully: to school districts to address the impact fees, that thcse dollars are handled in an accountable fashion and utilized for the purposes Cor which they're inkended. Again, to everybcdy here, I fully will encourage and expect that We will be seeing back here in this Chamber khe final produce, which will encourage, along vith 64  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27: 1995 other Senators in this Chamber, to be the product of good-faith i negotiations by all interested partkes. Thank you. I I

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question (s, shall Senate Bilk 971 pays. Those in favor will vote Aye. Those oppcsed Will vote Nay. The voting is open. ( Have al1 voted who wished? Have a11 voted who wished? Have a1l voted who wished? Take the record: Madam Secretary. On that question, there are 30 votes Yeas, 11 Nays: 15 votlng Present. And this bill, having recelved the required constitutional majorityr isdeclaredpassed. SenatorKlemm,forwhatpurpose do j you rise?

Regretfully, I must ask for a verificatlon.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Regretfully, you 're entitled to a Merification. Madam Secretary. Hefs requested a verification. Will a1l Senators be in their seat. The Secretary Will read the affërmattve votes.

Senate 3ill -- excuse me, I'm sorry. The following Members voted in the affirmative: Barkhausen, Berman, Clayborne, DeAngelts, del Valle, Donahue, Dudyczr Thcmas Dunnr Farley: Fawell, Garcia, Hawkinson: Jacobs, Madiganr Mahary Maitlandz O'Daniek, OtMalley, Raica, Rauschenberger, Rear Severns, Viverito, Walsh, Watson, Weaver, Welch, Woodyardr and Mr. President.

PRESIDING OFFICER: (SENATOR GEO-XARIS) Mr. Rlemm, do you question any of the voting? Who? Senator Rauschenberger is right back there. Senator Farley? Is Senator Farley inthe room? SenatorFarley in the room? Strike his name. j

Senator Garcia?

PRESIDING OFFICER: (SENATOR GEO-KARIS) senator Garcia is right there. I 65 ' . )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leqislative Day April 27, 1995 . I SENATOR KLEMM : I Senator -- I see Senator... Senator Hendcn? I see. Senator l Severns? PRESIDING OFFICER: (SENATOR GEO-KARIS) . Senator Severns? Is Senator Severns in the room?

No other verifications. Thank you .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Take the record . On that questiony on a verified roll call, the Ayes are 29, the Nays are l1: and those voting Present are l6. And this bill, having falled to recelve the required constitutional majority, ts declared lost. Do you wish to postpone consideration? Postpaned Consideration. Senator Barkhausen, 975? Madam Secretary, Wtl1 you read 975?

Senate B(l1 975. (secretary reads title of bill) 3rd Readln: of the bill.

PRESIDINC OFFICER: (SENATOR GEO-KARIS) Senator Barkhausen.

Thank you, Madam President, and -- and Members.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Wait just a minute.

Senate Bill 975 makes a very simple, and I think, noncontroversial change to the Department of Mental Health and Developmental Disabilities Act with respect to the provisions in that Act dealin: with the rates set by the Department for reimbursement for providers of community-based services, and it simply adds to the existing language of the Statute a requirement that the Department, when determinins rates, take ïnto account the j 66  1 STATE OF ILLINOIS ! 89TH GENERAL ASSEMBLY I REGULAR SESSION . SENATE TRANSCRIPT I 39th Legislative Day April 27, 1995 cost of doing business among the various geographic regions of the State. The bill is supported by the Department and was passed on the Agreed Bill List in the Public Hea1th and Welfare Committee, and I utge your support. . PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hasara: for what purpose do you rise? SENATOR HASARA: On a point of persanal privilege, Madam President. PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, please. SENATOR HASARA: Senator Geo-Karis has some constituents up in the gallery from the Christian Fellowshtp Baptist Bible Church in Zion, Illinois. Paskor Rocky seffinga... PRESIDING OFFICERI (SENATOR GEO-KARTS) Seffinga. SENATOR HASARA: Seffinga, excuse me. I'd like to ask them tc rise so we can welcome them to the Senate. PRESIDING OFFICER: (SENATOR GEO-KARIS) Welcone. Welcome. Welcome, Pastor and your brood. Thank you for coming . Further discussion on Senator Barkhausen's Bill 9757 Any further discussion? Hearing noner the question is, shall Senate Bill 975 pass. Those in favor, vote Aye. Those opposed wll1 vote Nay. The voting is open. Have a1l voted who wished? Have all voted who wished? Have all voted Who wished? Take the record . On that question, there are 56 voting Aye, none voting Nor and none voting Present. This btll, havlng received the required ccnstitutional majorlty; is hereby declared passed. Senate Bill 978. Genator Madi:an. Madam Secretary, Will you read that bill? ACTING SECRETARY HAWKER: I j 67  I STATE OP ILLINOIS ! 89TH GENERAL ASSEMBLY I REGULAR SESSION : SENATE TRANSCRIPT 39th Legislative Day April 27r 1995 Senate Bill 978. (secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Madigan. fENATOR MADIGAN: Thank you, Madam President and Members of the Senate. Senate Bill 978 comes from the Department of Insurance. It's one of those bills that codtfy, clarify and simplify, with one exception, and that has Eo dc with languase in the bill which provides qualtfied immunity for the Director. We had this bkll tn commlttee. Senator Bernan raised some questions - some legitimate questions - about that language. That language has been agreed to be deleted. Like to send this over to the House wtth a commitment that that lanquaqe will be deleted over in the House. Okher Ehan thatr I'd be glad to answer any questions, and would ask for its favorable consideraticn. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, the question is, Shalk Senate BiLl 978 pass. Those ln favor, vote Aye. Those opposed will vote Nay. And the voting is open. Have a11 voted who wished? Have all voted who wished? Have a1l voted Who wighed? Madam Secretary, take the record. On that questtonr there are 57 voting Aye, none voting No, none voting Present: and this bill, baving received the required constitutional majortty, is bereby declared passed. Senate Bill 983. Madam Secretary, will you read the bill. ACTING SECRETARY HAWKER: senate Bkll 983. (Secretary reads title of bill) 3rd Reading of Lhe bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) 68 . .) '  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANfCRIPT 39th Legislatlve Day April 27: 1995 Senator Mnlaro. . I SENATOR MOLARO : I Thank you, Madam President, Ladies and Gentlemen of the I 1 Senate. This bill went out on Ehe Agreed Bill List. What it basically doesr when you have a child support order, there is a form that you fill out that puts the -- contains the address: the telephone number, driver's license number, soeial security, employers' names, names of *he childrenr birthdates that you would have when you would have an order of support issued by a court. The problem ls every court in every different county has a different form thab they use and when Public Aid goes out and tries to get these dads to pay up or -- or mothers to pay up, lt's very difficult. The Supreme Court, ln a couple of cases/ have asked Ehat we have a form that's uniform throughout the State of Illinois. We sat with the Department -- Public of Department Aid - - Public Aid, and they've come up with this form, and there should be no opposktion. This ts another one of the Molaro fast-track, conservative, anticrime bills. So I Would ask your support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- any further discussion? Hearing none, the question is, shall Senate Eflk 983 pass. Those in favor, vote Aye. Those opposed, vote Nay. The votlng ls open. Have all voted Who wtshed? Have all voted who wished? Have a1l voted who wished? Clerk -- Madam Secretary: take the Eecord. On that question, there are 55 Ayes: none votlng No, none voting Present. Thks bill, having received the required constitutional majcrityr is hereby duly passed. Senator Molaro.

Madam Chairman, at the sake of embarrassing myself in Cront of every Member, I failed to vote on the last bill. If I can I Would ltke the record to reflectthathadIbeenpayingattention,I j 69  STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 would have voted Yes.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Molaro, your -- your request ls duly noted. But you wanted a fast track and that's what I tried to provide for you. Senate Bill 990. Senator Fawell. Madam Secretary, will ycu read the bill. Oh ! Pass -- out of the record. 996. Senator Hendon. Madam Secretary, read the bill.

Senaee Bill 996. (Secretary reads Eitle of bilk) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Let's give our courtêous -- courteous attention to Senator Hendon.

Thank you, Madam President. And I do intend to vote on this bill. This is my -- my anticrlme bill. It -- a1l it daes is very simple. It goes after tbe customers of prostitutes, goes after the men? for the most part, instead of just arrestlng the women. If a person is caught the second time -- we 1et them get away With it the first tlme, but if they 're caught the second time in their car or maklng love to a prostitute on the street in front of our chtldren, then we Will seize that vehlcle and fine them, and I ask for a favorable roll call.

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

Thank your Madam President. At behest of -- I understand what Senator Hendon 's doing, but I'd like everybody to quickly take a look at this, if we might. This is a forfeiture btll. Let's get this straight - what we're talkinq about. Obviously, in some neiqhborhoods in the City of Chicago throughout and in downstate 70  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leglslatlve Day April 27r 1995 I Illinois, and Gther parts Of the State, prostitutkon (n clrtain : I areas is certainly a probtem. And lf you lre tryln: to ralse cbtldren and they see these ladies of the evening, or gentlemen, outtheresoliciting,it'saveryrea1 problem. However, let's 1 get straight what this bill does. This bill says that if some gentleman or lady makes a deal for prostitution and says, can you do this prescribed illegal act for money - twenty/twenty-five dollars - and it's an undercover police officer and it's the second time that youlve done 1t, and the undercover police officer says, ''Okay, for twenty dollars 1'11 do such and such a thing'', and they arrest you and you're in your vehicle that is maybe costlng you twenty thousand dollars, that ycu owe, ycu know, money on, and this vehkcle can be sekzed. Nowr currently, the only Way you can seize a vehicle is first degree murder, aggravated kidnappingz stalking, rape, robbery, all this stuff where there is actually a non-wllling vlctim . Now, I don't want to dcwnplay the crime of prostitution or soliciting for prostltution - I don 't want to downplay tt - but yet to put them in the categories where someone who ls not a criminal would lose thelr vehicle; or, if you've ever been ln Burnham Harbor down ln the Cityz they can put -- *he pollce department could go out therey put undereover police officers, look for your second offense, come down there While you 're drinking, come off your boat and someone wculd say, ''Hey . How about a good tine?'' And you would say r ''Okay, 1'11 give you twenty-five bucks for a good time. Come on my bcat.'' You walk on *he boat; they arrest you; they can seize your boat because of this. And I would suggest that I don't think We Nant to make such a horrible result for such a victimless crime. The crime should fit the punishment. And I think we're going to Where you wauld have solicitation, most people are given a fine, or given supervtston, and now we're going tobetakingaway hundredsof 1 thousands of dollars in property. And I think we went tco far. 71 ' l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27r 1995 I Thank you. I PRESIDING OFFICER 1 : (SENATOR GEO-KARIS) 1 Furtherdiseussion? SenatorDudycz. j

Thank you, Madam President. I wasn't going to speak on this bill, but Senator Mokaro seemed to clarify quite a bit for me: and - - and at this point, I would ask leave to be added as a hyphenated cosponsor of -- of this bill, and urge that every Member, at least on this side of -- of the Body, vote for it. I thtnk it's a good ëdea. This is a prcblem in -- in Senator Hendon's district, which I work as a police officer. I'm very much aware of it# and I think this ls a step in the rlght directtcn to try to alleviate it.

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

Thank you very much, Madam President: Members of the Senate. I rise in strong support cf this piece of legislaticn. Senator Hendon brought legislatlon very similar to this a couple of years ago. It was our oplnion at that time that it had serious constitutional inflrnities. He has Worked very hard with members of his staff to place that legislation in a constitutional mode, and I think that it is a problem that, though not unique to Senator Hendonfs district, is a serious problem in hls distrlct, and I think it deserves our overwhelming support.

PRESIDING OFFICER: (EENATOR GEO-KARIS) Further discusston? Senator Robert Raica.

Thank your Madam President. I declare a possible conflict of interest, but will vote my consctence.

PRESIDING OFFICER: (SENATOR GEO-RARIS) Any further dlscussion? Senator Hendon, to close. Hearing 72  STATE OF ILLENOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27: 1995 none, Senator Hendon, to close.

Thank you very much, Madam President. would be honored to have Senator Dudycz as a hyphenated cosponsorr and I just want to say one thing. It's not a vtctimless crime, Bobby, because the chlldren have to see this on their way to school. When you have this bwenty-four hours a day, the children are *he vkctims, because then they bpcome prostl*utes or pimpsz and just goes on and on and on. I ask for a favorable roll call. Thank you, senator Petka: for your response. PRESIDING OFFICER) (SENATOR GEO-KARIS) The question is, shall Senate Bill 996 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting ls open. Have al1 voted who wlshed? Have al1 voted who Wished? Have a11 voted who wished? Madam Eecretary: take the record. On that question, there are 55 Ayesz 1 voting No, none voting Present: and thls bill, having received the requlred constitutional majority, hereby duly passed. Senate Bill 1001. Senatcr Lauzen. Madam Secretary, witl you read the bill.

Senate Bill 1001. (Secrptary reads title of btLl) 3rd Readin: of the bill.

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

Thank you, Madam President. You know, whether a person eonsiders himself or herself pro-choice -- pro-choice or pro-kife, Khe vast majority of us would agree that the opgration described in an articke entitled ''Gecond Trimester Abortion; From Every Anqle - Fall Risk Management Seminarf' that issued no* by a pro-life group, but by the National Abortion Federatlon, where it 73  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27r 1995 describes the following procedure and the author clakms proudly to have conducted seven hundred of these operations: Number one, the - - the unborn lnnocent human baby is extracted intact except for the head; the sciysors are forced into the base of the skull; the baby's brains are sucked out of that hole; and the dead baby is dtscarded; the brain tissues can be used fcr research. When 1 saw that, and to think that those acts are being conducted in our society, then not to respond is to become an accomplice to what's happening there. What this bill does is it says that ''No person shall use a ltve human fetus whether before or after expulsion from a <slc> (the) mother's S vomb for scientificr laboratory, research, or other kind of experimentation.'' It then goes on to define ''experimentation''. And then makes some specific examples cf current science that's prohibkted, as well as a provislon for future good science that's taken care of. This -- this leqislation on the books in several oEher states. Michigan, for instance, prohiblts abortion conditional on the use of tissue for research. Arizona prohlblts *he postmortem use of fetal remains for any medical experimentation if the ttssue derived from an induced abortion. There are laws in Lauisiana where there's a stiff penalty, Ohio, Oklahoma, Indlana, Utah and North Dakota; I believe that there are a couple more that I don 't have. With that general explanation, I'd like to answer any questions.

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

Well, thank you, Madam President. To Ehe bill: This is obviously a very important bill for a lot of people. I pkaced on your desks this morning an article from the Trtbune that recites the New England Journal of Medicine's findings related to thks issue directly. And finds, for the fîvst timer proof that 74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th LegislaEive Day April 27, 1995 I I fetal tissue transplants assisk people who have serious diseases, I and they point out that an individual who had Parkinson's disease, I that a milestone was reached in the use of fetal tissue. Now, we all try to strike a balance in our legislation, a7d unfortunately this bill does not sErike a balance. It's a zero-tclerance bill, and that's too bad. I could easily support this bilty for tnstance, if it used only that tissue that was the result of saving the life of the mother, or rape, or incest. And I hear the number that that's approximately two percent of the abortions. Fine. But to prohlbit from another person the use af that tissue, and in this case, the individual that had achieved success with Parkinson was -- enabled h1m to enroll in an exerclse class and to free him from rigidity in mobility. Now, it's very easy for us to sit here and not have a family menber that has that dfseas? or has been exposed to that disease and pontificate about the wrongfulness of using this. You know, we -- Ne rejected a bill by Senator Petka last week, I thlnk, that had the same penalty ln lt for parental notlfication, and that penalty was a year in jakl or a thousand-dcllar fine on a physician who performs any experimentation no matter what the reason ts of there being fetal tissue. It could even be a car crash Where the fetus, forget Nhether it's viable or nonviabler ls involved . And to say that We can't use that tissue for the betterment of other people for no reason is not a good approach. I urge -- I urge a No vote.

PRESIDING OPFICER: (SENATOR GEO-KARIS) Further discussion? Senator Severns.

Thank you, Madam President, Members of the Senate. None of us can be certain who next may suffer from a diagnosis of serious illness or disease, and yet part of the hope of conquerin: that challenge is that medieine in our State and country remaln as advanced it is known to be worldwide. The ability to remain the I 75  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 leader advanced medicine is the ability to be able to continue the extensive research and development that conducted laboratories across thts State, across the natlon. Just today, as Senator Dunn pointed out, the Chicago Tribuae had a story prominently featured on page three that talked abcut the kind of progress that has been made with Parkinson's and other disorders. It is known that the fetal transplant research that uses fetal tissue has shown great promise fcr possible applications to several diseases, includtn: juvenile dlabetes, Alzheimer's, Parkinson's disease, spinal cord injuries, epilepsy, leukemta and lmmune deficiency disorders, just to mentton a few. In shortr this research holds promise to improvey and even save, cauntless lives across this State. This research is pro-llfe, as lt improves and saves countless lfvfng human belngs each day. Who knows when that research might be research that saves a spouse, a sibling, a daughter or a son? Whtle philosophkcal debate is certainly predicted in lssues affectlng abortion, let us not let philosophical differences put the brakes on needed research that can save lives. Let us all be pro-life on the issue of needed research in mediclne. Let us a11 vote No on this bill today.

PRESIDINC OFFICER: (SENATOR GEO-KARIS) Purther discussion? Senator Parker.

Thank you, Madam Chairman and Ladies and Gentlemen of the Senate. just want to echo uhat Senators Dunn and Severns have said. They said it very eloquently. I have a father-in-law that was just conflrmed w1th Parkinson's disease, and I'm certaln that many of us here, you know, have personal experiences Wherg these these research projects can be helpful. I understand that there's a 1ot of sensitivi*y to thls issue: but let's look at What we would be denying that could be good in thisy as far as research 76  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR fESSION SENATE TRANSCRIPT ; 39th begislative Day April 27, 1995 goes. And I Would ask the sponsor to relook at this bill. Possibly there 's ways of gcing about banaing the sale of types of proceduresr which I thlnk people here would prabably support. But also let's look at the criminal penalties again that We are askin: the -- this Legislature to put on the doctors: a year in jail, a thousand-dollar fine. That is not what thls Body should be dcing, and I would urge a No vote on thls bill. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Collins. Further discussion? Senator Fawell. SENATOR FAWELL: Would the sponsor yield for a question? PRESIDING OFFICER: (SENATOR DONAHUE) Indicates shefll <sic> yield , Senator Fawell. SENATOR FAWELL: I apoloqlze. I Was off the Floor for a minute, but could you just answer a couple of questions for me please? Would tbe sponsor yield? PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Fawell. SENATOR FAWELL: I see, by the analystsr that perhaps amniocentesis and -- and in vitro fertiltzation may also be included in this bill because of its excluslon. Is Ehat true? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. SENATOR LAUZEN: I don't quite understand the question. Could the -- could that be restated? PRESIDING OPFTCER: (SENATOR DONAHUE) Senator Fawell. EENATOR FAWELL: ' 77 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 you will look on page lt says -- number two, it says, ''Defines 'experimentation' as a systematie investigation, including research development and testing and evaluation, designed to develop or eontribute to generalized knowledge'', and then number three it saysf OAmniocentesis: Chronic vitti Ksic> (vil1i) sampling, and in vitro fertilization are not included in the definition of expertmentatlon under thls Section, although the exclusion of these procedures is not intended to spectfkcally exclude any other procedures not so named .''

PRCSIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

That's correct.

PRESIDING OPFICER: (SENATOR DONAHUE) Senatar Fawell. Further discussion? Senator Dudycz.

Yes. Thank you, Madam President. have a question of the sponsor, regarding a statement that Senator Dunn made. Senator Dunn stated that two percent of the abortions fn our aountry currently are due to rapey incest or life of the mother. That means that nlnety-eight percent of Ehe abortlons are -- are other types. I just Would like to know: What percentage of the aborted fetuses are used in experimentation currently, or in -- in whatever procedures that are being used expertment -- in experimenttng on fetuses?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

appreclate that question and naturally you can understand how that information is -- that question is nearly impossible to ansker .

PRESIDING OFFICER: (SENATOR DONAHUE) 78  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i ( 39th Leglslaefve Day Aprll 27r 1995 Senator Dudyez. SENATOR DDDXCZ: So of the -- Well, hoW many abortfons are -- are -- are performed in our country per year? Do you know? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. SENATOR LAUZEN : I'm sorry. I didn 't -- I don't have that number today. PRESIDING OFPICER: (SENATOR DONAHUE) Further discussion? Senator Dudycz. SENATOR DUDYCZ: Well, it woukd -- it would occur to -- or, I would think that if -- if youdre talking about hundreds of thousandsr a: least - Am I eorrect in assuming that there are hundreds of thousands of abortions being performed in our country today? - EWo percent cf those aborted fetuses would be currently more than adequate for the -- for the experimentation purposes. Is that correct? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen. SENATOR LAUZEN: That's an interesting observatton. I -- you know what, this bill does not do -- and -- and again, it was around the -- the statemgnt that Senator Dunn made about the accident or a miscarriaqe, and in those cases, that tissue or those orsans are avatlable for experimentation. So the -- I believe the point that you're making, Senator Dudycz, is that we have other means of provlding this experimentation without inducing abortion and providin: materials and organs. Some people have referred to this as harvesting. PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Senator Palmer. SENATOR PALMER: i 79 ' ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leglslatlve Day April 27, 1995 Thank you; Madam President. I Wasn't going to speak on this billz just vote No on it, but then when the conversation seemed to be shlfting more toward whether this is pro-life or antilife or whatever, wanted to get us back to What this blll curtails apd that is to allow research to go forward to help people with severe ailnents that cannot be resolved in other ways, except through research. My aunt Senator Lauzen: you described very graphlcally at the outset a procedure. Would like to describe to you my aunt, who had Parkinsonss disease and whom watched die, an aunt who was one of the most vibrant human beings I have ever known, Who put herself through college when she Was in her forties because she had worked throughout her early lëfe in order to help my father go through college, and she reserved her time until later. went her rounds With her. She lived in Boston. She was a social Worker. She was incredibly caring and helpful to people. ended up Ehat she had to selk everything that she owned tn order to go into a kong-term care facility so that they could keep her until she died. I Watched her body rigidlfy. watched the mind - alert, but unable to respcnd because the body uas rigidtfying. I would have given anything to have the research to save that Woman so she could still be With me today and be the last of ny living adult relatives. So when you tell me that you are going to remove the capacity of the medical institutions to using two percent - a minimum, minuscule amount - to help people save lives, say We vote No on this.

PRESIDING OPFICER: (SENATOR DONAHUE) Further discussion? Senator Dillard .

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

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Dillard. 80  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislatlve Day April 27r 1995

Senator Lauzen, just so clear. In Ehis research Parkinson's disease that has been talked about tcday, are We talking about extracting that material: whether it be brain cells or whakever, from a living fetus? PRESIDING OFFICERZ (SENATOR DONAHUE) Senator Lauzon.

The -- the operation that described from the National Abortion Federation, Dr. Martin Haskell, that fetus is alive. The procedure ts done. The brain material is live aqd Ehen the the baby is dead.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard.

One more question, Madam President, he yield. Senaeor Lauzen, are there any studies khat show that animals, extracting tissue from animals, whether it be their bralns, et cetera, also works for Parkinson's diseasey as opposed to human fetuses?

FRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

The best information that I have on that is that *he even when human brain cells are used -- live human brain cells are used, that *he operation that's created is that they then die: enzymes go to clear out the dead cells that have been transplantede and in that, creates even more damage. To answer your question even more specif#cally, have heard that experiments have been done of inserting pigs' brain Eissue into human beings wikh similar results.

PRESIDING OFFICER: (SENATOR DONAHUE) 81  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 Further dlscussion? Senator Ralca.

Madam President, question of the sponsor.

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

Senator Lauzen, this has obviouslye I think anyway, some way or fashion, become a -- a pro-life or a pro-choice type of debate, or at least it's tends to seem to be going that way. You knowy as know, I've been involved medically foc abcut twenty years: but I have a -- a question for you and I want you to - - to try and -- and answer thls the best way that you can, because obviously I respect you lmmensely, but I'm gcing to probably pose a very tough question to you. With the experiments that are being done todayz and none of which are handling any of the parts -- of an individual or any cf the organs in any type of disrespectful fashionr buE Ehe sltuation that the possibility of some type of cure being found; then, God forbid, let's just say one of your children had a disease too, and this disease would be cured with what was found out by the research in one of these experlments, and this tntervention that would be given to one of your children would save your chtld's life would you approve or disapprove of that procedure?

PRESIDING OFFICER: (SENATOR DONAHUE) SenaEor Lauzen.

You know how difficult it to answer this question, Senator Raica, because you very well know how much I love my children. . ov tmkcrophone cutoffl...my -- my answer to ycur question is EHa*, no, if the cost of them living is that someone else must be murdered, *he answer is No .

PRESIDING OFFICER: (SENATOR DONAHUE) 82 I STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 I SCZZVOV Raicz. I ' I SENATOR RAICA: 1 I MadamPresldent,andChrisand otherMembersof the Senate,my j personal feelings is this is not a bill about murderln: anyone - noE about murdering anyone. 1 don't know if I can deny this type of procedure from one of my -- for one of my children, nor one of my constituents. I believe very firmly in that. Senator Lauzen? when we go up and we go out into this world, we have the Secretary of State, who -- who is pushing organ transplants, orqans' donors. 1 We -- *e are attempting to save a life somewhere in the State cf 1 I I Illinois. This is a very emotlonal issue, and the only uay thaE I I ! I can vote on somethlng like this is almost put myself in that type ! I Of Situdtion, 8nd I don'b knoW if f Cdn deny my Child Or lf I can 1 I I deny my neighbor's child some type of intervention that can I I I possibly save their life. And I have to put it in that : I perspectlve where someone's going to be saved by something they 're I 1 doing. They 're -- they 1re doing this with -- with muscular I I I dystrophy; they're dcing this With cther diseases throughout the 1 I I State. I'm not standing up here advocating pro-life or l I I pro-choice. You know, there's -- there could be a very fine line I I I between pro-life and pro-cholce. You kncw that: Chrisg and so dc I I 1. But my personal belief is there are certain issues that I I I pro-life ought stay out of, and maybe this be one of them. I'm 1 l I not saying thks blll is -- cr that we're out there killing anyone, l j I and I don't knaw if anybody ln this Body ean ever say that we're 1 . I I doing that. No one here ever believes in that unless they believe I in the death penalty. But we have *he potential of maybe saving a i I life here, and I just want you to really think about that. 1 i PRESIDING OPFICER: (SENATOR DONAHUE) I I Further discussion? Further discussion? Senator Lauzen, to I I I close. I I SENATOR LAUZEN : I 83  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leglslatlve Day April 27, 1995 Thank you, Madam President. First of all, T wauld ask I do apprectate the thoughts of each person who has spoken. My sympathies to Senator Palmer, and I can imagine what that loss means. The course we want to solve the diseases that are causing such pain and suffering. Organ donors think that that is a wonderful program, and we need that. You know that the difference here is that an organ donor has signed over the right to those organs. You mentioned that there ls -- we 're not talkin: about a procedure where scmeone is being killedy but this this horrified me. Thls study horrified me. did not go after this lssue. came from a strange source, by my mlnd. I would just like to take ninety seconds to summarize. I trus: that those of us who come from and represent eleven million people in Illinois believe in the concepts of good and evil, and that we can discern the difference when we see it. About a week ago Art Berman stood and spoke of the atrocities of the Holocaust, and this goes very much, Senator Ralca, to the questions that you posed to me. He sald that one of the evil crimes against humanity commltted in Nazi concentration eamps was the experimentation on human beings. Those are his words. And we are humbled and we listened respectfully to the truth that he was speaklng us. Senator Berman's thcughts and this remind me of a story Dante 's Inferno r where Dante and Vlrgil descend rin: by ring into the depths of hell. The deeper they travel the more horrible the crimer and the more horrLble and more severe the punishment. Even for those Who dnn't believe thaE a twenty- twenty-eight-week unborn chikd innocent human life, I would ask What else ean it be, and how deeply into the rings of hell do we need to travel before our experimentation reached tbe evils of our oWn holoaaust. NoL even a good end, Senator Raica and Senator Palmer, can justify ghoulish means. For the spiritual life of our State and for good and ethical sciencer I ask you vote Yes on this bill. 84  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislatlve Day April 27, 1995

PRESIDING OFFICER: (SENATOR DONAHUE) The question is: shall Senate Bill 1001 pass. Those in favor uill vote Aye. Opposedr Nay. The voting is open. Have al1 voted who wish? Have a1l vated who Wish? Have a11 voted who wish? Take the record. On that questiong there are 23 Ayes, 28 Nays, voting Present. Senate Bikl 1001, having not received the required constitutional majcrity, is declared fatled. Senator Lauzen.

May I request Postponed Consideration? PRESIDING OFFICER: (SENATOR DONAHUEJ You need twenty-four votesy Senator Lauzen.

Thank...tmlcrophone cutaffl...president.

PRESIDING OFFICER: (SENATOR DONAHUE) House <sic> 3il1 1001 has failed. That, effect, has concluded our business for today. We do some paperwork, but before you a1l 9et up and moving arcund, can I have your attention, please? Mcnday we will adjourn until Monday afternoon at 2 o'clock at 2 ofclock. There has been some confusion on the time. Just want you all ko kncw we will be back here this Chamber at 2 o 'clock Monday afternaon. Commlttee Reports. SECRETARY HARRY) Senator Mahar, Chair of *he Committee on Environment and Enerqyf reports Senate Bill 1058 Do Pass. Genator Peterson, Chair the Committee on Revenue, reports Senate Bill 295 Do Passy as Amendment -- Amended; Senate Amendment l to Senate Bi1l 133, Amendment l to Senate Bill L34, Amendment l to Senate Bill 135, Amendment 2 to Senate Bill 368, Amendment 2 to Senate Bill 726r Amendment 1 to Senate Bill 753, and Amendment l to Senate Bill 843 a1l Be Adopted. 85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 1995 And Senatar Barkhauseny Cbair of the Committee on Financial Instltutionsr reports Senate Bill 1208 Do Pass, as Amended.

PRESIDING OPFICER: (SENATOR DONAHUE) Just a second. Senator Fawell: for What purpose do you rise?

Since we are now coning in at will the Transportation Committee please meet at o'clock to meet Kirk Brcwn o 'clock. You Won't have to be here aE ll.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Severns, for What purpose do you rise? SENATOR SEVERNS) Thank you, Madam President. Just for a point of infcrmation. I'm presumin: that the Appropriattons Committee will still be meetlng at 10 ofclock on Monday. Is that correct?

PRESIDING OFFICER: (SENATOR DONAHUE) Yesy Senator Severns, that is correct.

So al1 the Members on Appropriations, on thls side, please be here by 10. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Thank you, ma fam . Senator Burzynskiy for what purpose do you rise?

Just a point of information.

PRESIDING OFFICER: (SENATOR DONAHUE) State your pcint.

Just likê to thank all of those that came to the softball practice at Iles Park last night. We really had a gcod turnout, and certatnly looklng forward to a victory this coming Week.

PRESIDING OFFICER: (SENATOR DONAHUE) Resolution. 86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th Leqislative Day April 27, 1995

Senate Resolution 57, offered by Senator Shaw. It's a death resolution, Madam President. PR3SIDING OFFICER: (SENATOR DONAHUE) Consent Calendar. Messages from the House.

Message from the House by Mr. McLennand, Clerk. Mr. President am directed to inform the Senate that the House of Represeneatives has passed bills of the following titles, in the passage of which am instructed to ask the concurrence of the Senatey to wit: House Bills 3, 160, 226, 301, 320, 1125 and 2317. A11 passed the House, April 27th, 1995.

PRESIDING OFPICER: (SENATOR DONAHUE) Messages.

Message from the Minority Leader. Dear Mr. Secretary, please be advised that Senator Clayborne has been appointed to the Senate Appropriatlons Committee. Thls appointment ls to the vacancy created by the death of Senator KenneEh Hall. The appointment takes effect immedlately. Filed Aprël 27th, by Senator Jones, Mînority Leader.

PRESIDING OFFICER: (SENATOR DONAHUE) Motions. Oh! Mr. Secretary, have there been any motions filed against the Consent Calendar? Oh! We will now proceed the Order of Resolutions Consent Cakendar. With the leave of the Body, alk those read in today Nill be added to *he Consent Calendar. Mr. Secretaryy have there been any Objections filed to any resolution on thê Consent Calendar?

No objectëons have been fkled, Madam President. 87  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 39th Legislative Day April 27, 1995 ; PRESIDINC OPFICER) (SENATOR DONAHUE) I I If not, the question is, shall Ehe resolutions on the -- I 1 Consent Calendar be adopted. Al1 those in favor, say Aye. j Opposedr Nay. The motion carries, and the resolutions are I adopted. Mr. Secretary, have there been any motions filed?

ïes, Madam President. Senator Cullerton has fiked a motion with respect to Senate Bill 1129.

PRESIDING OFFICER: (SENATOR DONAHUE) Mr. Secretary, the Chatr requests that these motlons be prlnted on the Calendar. So ordered. Resolutions.

Senate Joint Resolution 43, cffered by Senator Weaver, (Secretary reads SJR No. 43)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver moves ko suspend the rules for the purpasês of the immediate consideration of adoptlon of Senate Joint Resolution 43. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Weaver now moves the adoption of Senate Joint Resolution 43. Those ln favor, say Aye. Oppased, Nay. The Ayes have it, and the resolution is adopted. House Bills 1st Reading.

House Bill 1733, offered by Senator Palmer. (Eecretary reads title of bill) House Bill 238, by Seaator Lauzen. (Secretary reads title of bil1) House Bill 603, Senator Pawell. (Secretary reads title of bill) House Bill 679, Senator Dudycz. (S I ecretary reads title of bill) i House Bill 708e Senator Tom Dunn. 1 I 88 - - - -- J- - - - 't ..  STATE OF ILLINOIS 89TH GENERAL ASGEMBLY REGULAR SESSION SENATE TRANSCRIPT 39th LeqislaKive Day April 27, 1995 (Secretary reads title of bill) Hause Bill 760, Senator Fawell. (Secretary reads title of bill) House Bill 859, Senator Syverson. (Seccetary reads title of bill) House Bill 901, Senator Mahar. (Secretary reads title of b111) House Bill 1149, Senator Hawkinson. tsecretary reads title of bill) House Bill 1268, Senator Hawkinson. (Secretary reads title of bill) House Bill 1398, Senator Clayborne. (Secretary reads title of bill) House Btll 1582, Senator Dillard. (Secretary reads tltle of bill) House Bill 1730, Senator Palmer. (Secretary reads title of bill) House Bill 1731, by Senator Palmer. (Secretary reads *l*1e of bill) House 1732, Senator Palmer. (Secretary reads title of bill) House Bill 1869, Senator Syverson. (Secretary reads tttle of bill) House Bill 1940, Senator Sieben. (Secretary reads title of bill) House Bill 1967, Sênatcrs Maftland and Raica. (Secretary reads title of bill) House Bill 2080, Senator Fawell. (Secretary reads titke of bill) House Bill 2141, Senatcr Sieben. (Gecretary reads title of bill) 89  STATE OF ILLINOIS 89TH GENERAL ASSEMBZY REGULAR SESSIOH SENATE TRANSCRIPT 39th Legislattve Day April 27, 1995 END OF TAPE TAPE 3

House Bill 2251, Senator DeAngelis. (Secretary reads tltle of bill) House Bill 2273, by Senator Welch. (Secretary reads title of bill) House Btll 2429, by Senator Rauschenberger. (Secretary reads title of bill) And House Bill 2463, by Senator Madlgan. (Secretary reads title of bill) lst Readlng of the bills.

PRESIDING OFFICER: (SENATOR DONAHUE) Pursuant to the adjournment resolution, Senator Weaver LT, Senator Fitzgerald noW moves that the Senate stand adjourned until - - 2 p.m ., Monday, May 90 < REPORT: TJFLDAY STâTE OF ILLINOIS 96/09/11 PAGE: 001 89TH CEVERAL âSSEHBLY 16:18:36 SEMATE DAILY TRANSCRIPTION 0F DEBATE INDEX âPRIL 2T, 1995 H8-0238 FIRST READING HB-Q%96 THIRD READING H9-0603 FIRST READTMG H8-0679 FIRST READING HB-0T08 FIRST READING HB-0760 FIRST READING H3-0859 FIR3T READING HB-0901 FIRST READIVG HB-11%9 FIRST READIMG H8-1268 FIRST REâDING H3-1398 FIRST READING H8-1582 FIRST REZDING H8-1730 FiRST READiNG HB-1731 FIRST REâDING HB-1732 FIRST READING H8-1733 FIRST READIMG H3-1869 FIRST READING HB-19k0 FIRST READING H8-1967 FIRST READING H8-2080 FIRST READIKG HB-21R1 FIRST RZADIKG H8-2251 FIRST READING H8-2273 FIRST READING H8-2429 FIRST READING H8-2463 FIRST REâDING SB-O801 SECOMD READING SB-0805 TMIRD REZDING 88-0812 THIRD READIVG 58-0816 THIRD READING 58-0818 THIRD REZDING 58-0825 THIRD READIMG SB-Q629 RECALLED 53-0830 THIRD REZDING SB-08k2 TMIRD READING 83-0843 RECZLLED SB-085k RECALLED 58-0857 THIRD READING 33-0859 THIRD REZDING 58-0897 SECOMD READING SB-0906 THIRD REàDIMG SB-09k6 THIRD REZDING SB-09V7 HECALLED SB-0951 TRIRD REâDIHG :8-0951 0UT OF RECORD SB-0961 THIRD REZDING 58-0971 THIRD READING 38-0975 THIRD READING 88-0978 THIRD REâDING 58-0983 THIRD READING s8-0996 THIRD READIMG SB-1001 THIRD READING sB-1129 MOTION FILED SR-0057 RESOLUTION OFFERED :JR-0043 àDGPTED sJB-0043 RESOLUTION OFFERED SDBJECT MATTER SENATE T0 ORDER-PRESIDENT PHILIP PAGE PRAYER-THE REVEREND TIM SHàH PâGE PLEDGE OF ZLLEGIZNCE PAGE JOURNALS-POSTPCNED PAGE COMMITTEE REPORTS PAGE HESSAGES FRON THE HOUSE PZGE hEPORT:TIFLDàY STATE OF ILLINOIS 96/09/11 PAGE; 002 89TH GENERAL âSSEHBLT 16:18:36 SENATE DZILY TRZNSCRIPTION OF DEBRTE INDEX APRIL 27, 1995 SUBJECT HATTER COMHITTEE REPORTS PAGE 45 COMMITTEE REPORTS PAGE 85 HESSAGE FROM THE HOUSE PAGE 87 MESSAGE FROH THE HINORITY LEADER PAGE 87 RESOLUTIONS COVSENT CALENDAR ADOPTED PAGE 87 ZDJOURNHENT PZGE j0