Illinois Senate Floor Debate — May 1, 1995

Senator Geo-Karis, for what purpose do you rise? Senator Geo-Karls, for what purpose do you rise?

Mr. President, on a polnt of personal pcivilege.

State your point.

I'm delighted to have in the President's Gallery today several of my constituents. Michael and Katherine Steplyk - S-T-E-P-L-Y-K - and their son Matthew, and then my Honorary Page, their brather -- Matthew's brother, Jonathon, who's here today from Libertyville, Illinois: part of my district. Like you to welcome them...

Would they please rise and be recoqnized by the Senate. House Bills ls* Reading.

House Bill 3, offered by Eenator Fawell. I (Secretary reads title of bkll) House Bi.l1 25, by Senator Ralph Dunn. I 2 . )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1, 1995 (Secretary reads title of bill) House 40, by Senator Tcm Duna. (Secretary reads title of bill) House Bill 226, by Senator Q'Malley. (Secretary reads title of bill) House Bill Senator Petka. (Secretary reads title of bill) Senator Klemm offers House Bill 3k4. (Secretary reads title of b11l) House Bill 318, presented by Senator Ralph Dunn. (Secretary reads title of bill) House Bill 323, Senator Madiqan. (Secretary reads title of blll) House Bill 630, by Senator Collins. (Secretary reads title of bill) Senator Cronin offers House Bill (Secretary reads title of bill) House Bil1 865, Senator O'Malley. (Secretary reads title of bill) senator Karpiel presents House Bill 668. (Secretary reads title of bill) House Bill 991, by Senator Watson. (Secretary reads title of bill) House Bill 1023, Senator Barkhausen. (Secretary reads title of bill) Rouq: Bitk 1131, GenaEor Dehngelës. (Secretary reads title of blll) Senator O'Malley offers House Bill 1209. (secretary reads title of bill) Senator Geo-Karis offers House Bill 1221. (Secretary reads title of blLl) House BLLI 1237, by SenaEor Petka.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40*h Leglslative Day May 1, 1995 (Secretary reads tltle of bill) House Bill 1486, by Senator Petka. (Secretary reads title of bë11) House Bill 1489, offered by Senators Watsoa and Bowles. (Secretary reads title of bill) House Bill 1654, Senator Petka. (Secretary reads title of bill) Senator Hendon offers House Bill 1662. (Secretary reads title of bill) House Bill 1755, by Senator Madigan. (Secretary reads title of bill) House Bill 2142, Senator Sieben. (Secretary reads title of bill) House Bill 2317, presented by Senator Ralph Dunn. (Secretary reads title of bill) House Bill 2339, offered by Senator Parker. (Secretary reads title of blll) House Bill 2370, by Senator Darkhausen. (Secretary reads title of bill) And House Bi1l 2439, by Senator Sieben. (Secretary reads tttle of bill) Reading of the bills.

AP has requested to take photoçraphs today. Is leave granted? Leave is granted. On page 2 of today's Calendar, in èhe Order of Senate Bills 2nd, Members are advised to move their bills. Senate Bill 16. Senator Karpiel. Take lt out of the -- read the blll. l6.

Senate Bill 16. (Secretary reads title of bill) 2nd Readlng the bill. No commlttee or Floor amendments, Mr. 4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1: 1995 i i President.

3rd Reading . Senate Bill 32. Senator Jacobs. Read the bill.

Senate Bill 32. (Secretary reads title of bill) 2nd Readlng of the blll. The Committee on Insurance, Pensions and Licensed Activities adopted one amendment.

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

No further amendments reported. 1

3rd Reading. SenaEe B1l1 114. Senator Madtgan. Read the bill.

Senate Bi1l 114. (Secretary reads title of bill) 2nd Reading of the bill. The Commtttee on Insurance, Penslons and Licensed Activities adopted Amendment No . 1.

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

Xo further amendments reported.

3rd Readlng. Senate Bill 198. Senator Trotter. Senate Bill 198. Senator Trotter. Take it out of the record . Senate Bill 230. Senator DeLeo. Senate Bill 230. Senator DeLec. Take it out of the record. Senate Bill 247. Senator Dudycz. Senator Dudycz. Take it out of the record. Senate Bill 287. Senator I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 Hasara. Senate Bi11 287. Senator Hasara. Take it out of the record. Senate Bill 295. Senator Tom Walsh. Take out of the record. Senate Bill Senator Sieben. Senate Bill Senator Sieben. Take out of the record. Senate Bill Senator Sieben. Senate Bill 337. Senator Sieben. Take lt out of the record. Senate Bill 340. Senator O'Malley. Sênate Bill 340. Senator O 'Malley. Run the bill. Take out the record. Senate Bill 403. Senator Shaw. Take it cut of the record. Senate Bill 438. Senator Cullerton. Senate Bill 438. Senator Cullerton. Take out of the record. Senate Bill 439. Senator Cullerton. Take it out of the record. Senate Bill 491. Senator Rauschenberger. Senator Rauschenberger. 491. Read the bill.

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

3rd Reading. Senate Bill 499. Read the blll.

Senate Bill 499. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

3rd Reading. Top of page 3. Senate Bill 500. Senator Rauschenberger. Read the bill.

Senate Bill 500. (Secretary reads title of bill) 2nd Reading of the b11l. No committee or Floor amendments.

3rd Reading . SenaEe Bill Senator O 'Ma11ey. Senator O'Malley. Read the bill. 6  STATE OF ILLINOIS 69TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 I SECRETARY HARRV: j I Senate Bill 532. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance: Pensions and Licensed Activities adopted Amendment No. 1.

Have there been any other Ploor amendments been approved for consideration?

No further amendments reported.

3rd Reading. Senate Bill 618. Senator Raica. Senator Ralca. Read the bill.

Senate Bill 618. (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Public Hea1th and Welfare adopted Amendment No. 1.

Have there been any other Floor amendments been approved for consideration? 1

No further amendments reported.

3rd Reading . ...Bill 653. Senator Dudycz. Read the bill.

Senate Bill 653. (Secretary reads title of bill) 2ndRgadingofthebill. NoconmitteeorFlcoramendments. 1

3rd Readlng. Senate Bill 656. Senator Maitland. Take it out I l of the record. Senate Bill 664. Senator Dunn. Take it out of I I 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 the record. Senate Bill 677. Senator Bcwles. Read the bill. I SECRETARï HARRV: : Senate Bill 677. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Health and WelfareadoptedAmendmentNo.1. 1 PRESIDENTPHILIP: Have there been any other Floor amendments that have been 1 approved for consideration? SECRETARY HARRY: No further amendments reported. PRESIDENT PHILIP: 3rd Reading . Senator Weaver, for what purpose do you rise? SENATOR WEAVER: On a point of personal privilege, Mr. President. PRESIDENT PHILIP: State your point. SENATOR WEAVER: In the gallery, there are a group of students from Rantoul Township High School. I'd like them to stand and be recognized. PRESIDENT PHILIP: Would they please rlse and be Welcomed by the Senate. Senate Bill 698. Senator Palmer. Read the bill. SECRETARX HARRY: Senate Bill 698. (Secretary reads tltle of bill) 2nd Reading of the bill. Committee on Public Health and Welfare adopted Amendment No. l <sic> (1 and 2). PRESIDENT PHILIP: Eave there been any other Flcor amendments Ehat have been approved for consideration? SECRETARV HARRY: I 8 ' @  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 No further amendments reported.

3rd Reading . Senate Bëll Take it out of the record. Senate Bill 725. Senator Lauzen. Take out of the record. Senate Bill 742. Senator Raica. Take it out of the record. Senate Bill 791. Senator Raica . Read the bill.

Senate Bill 791. (Secretary reads title cf bill) 2nd Reading of the bill. The Commlttee on Public Hea1th and Welfare adopted Amendment No. 1.

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

No further amendments reported.

3rd Reading.

PRESIDING OFFICER: (SENATOR GEO-KARIS) For what purpose does Senator Jacobs rlse?

Thank you, Madam President, Ladies and Gentlemen of the Senate. Just like to table Amendment Nc. 1 to Senate Bill 662.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Six...

662.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senate Bill 798. Senator Lauzen. 798. Take out of the record. Senate Bill 882. Senator Sgverns. Mr. Secretary, read the bill. 9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995

Senate Bill 882. (Secretary reads title bill) 2nd. Readlng cf the blll. No commlttee amendments.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments? SECRETAR? HARRV: No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Readins. Senate Bill 945. Senator Petka? Senate Bill 945. Senator Petka? Senate B(1l 945. Senator Petka? Take out the record. Senate Bill 1050. Senator Phillp. Read the b11l, Mr. Secretary.

Senate Bi1l 1050. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Readinq. Senate Bill 1051. Senator Philip. Mr. Secretary, read the bill.

Senate Bill 1051. (Secretary reads title of bill) 2nd Reading of the blll. No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 2rd Readlng. senate 1052. Senator Phklip? Senator Mr. Secretary, read the bill.

senate Bill 1052. (gecrehary reads tlkle of bll1) 2nd Reading of the bikk. The Colmittee on Appropriations adopted Amendment No. 10  STATE OF ILLINOIS 89TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) Are there any Floor amendments?

No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Readlng. Senate Bill 1058. Take it out of the record. Senate Bill 1133. Senator Rauschenberger? Secretaryz read the bill.

Senate Bill 1133. (secretary reads tltle of bill) 2nd Reading of the bill. The Committee on Public Hea1th and Welfare adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Are there any Floor amendments?

No further amendments reported .

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Readtng. Senate Btll 1183. Senator Cuklerton? Senator Cullerton? Take it out of the record. Senate Bill 1191. Senator O'Malley? Mr. Secretary, read the bill.

Genate Bill 1191. (Secretary reads title of bill) 2nd Readtng of the bill. No committee or Ploor amendments.

PRESIDING OFFICER: (VENATOR GEO-KAKIS) 3rd Reading. Senate Bill 1195. Senator Garcia? Senator Garcia? Take it cut of the record . Senate Bill 1208. Senator Fitzgerald? Mr. Secretary, read the bill.

Senate Bîll 1208. (Secretary reads title of bill) 11  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I I 40th Legislative Day May 1, 1995 2nd Reading of the bill. The Committee on Finaneial Institutions adopLed Amendments 1, 2 and 3. PRESIDING OFPICER: (SENATOR GEO-KARIS) Any Floor ampndments? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . All right. Wetre going to go back to Senate Bill 698, but I believe -- because I believe the bill was adopted without mentioning the amendments. Mr. Secretary; Senate Bill 698. Senator Palmer. Senator Palmer, do you wlsh this bflk returned to 2nd Reading for the purpose of amendment? Senator Palmer seeks leave of the Body to return Senate Bill 698 to the Order of 2nd Reading far the purpose of amendment. Heartng no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 698. Mr. Secretary, are there any Floor amendments approved for consideration? SECRETARY HARRY: The Committee on Public Health and Wekfare adopbed Amendment No. 2 to the blll. PRESIDING OFFICER: (SENATOR GEO-KARIS) Are there any Floor... SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . We're noW going to proceed to the Order of 3rd Readlng on page l0. Wefre going to begin where we left off. We're going to start with Senate Bill 1006, 3rd Readings. Senator O'Malley? Mr. Secretary, Wtll you read the bill. 1006. SECRETARY HARRY: 6enate Bill 1006. (Secretary reads title of bill) I 12 I j '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 I i 3rd Reading of the bëll. PRESIDING OFFICER 1 : (SENATOR GEO-KARIS) I Senator O 'Malley. l SENATOR O 'MALLEY: l Thank you, Madam President and Members of the Senate. Senate Bill 1006 raises the limit on fees school districts may charge to students for driver's education courses from the current level of fifty dcllars to two hundred dollars. Current 1aw provldes that school districts may charge a reasonable fee up to fifty dollars to high school students who take driver's ed. If the student is unable to pay, the district must walve the fee. The fee uaLvec language that exists ln the current 1aw is not changed, so that any student unable to pay the fee would still have his or her fee waived by the school district. When I last presented this bill, there Was a question ralsed about a legal opinion that was shared with one of the Members that called into -- it called into question the constitutionality of driver's ed fee. After reviewing the opinion, I would report to the Body that the -- that the -- the opinion deals with tuition: not fees, and in fact, points out that dtiver's ed fees are a type that has been allowed under our State Constktutton. It is the intent of Senate Bill 1006 that the fee charçed for driver's ed courses nct exceed the actual district costs beycnd State reimbursement. Be happy to answer any questions there may be.

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

Thank you, Madam President. Is *his the same bill that we discussed here about a week and a half ago , Senatcr?

PRESIDING OFFICER: (SENATOR GEO-RARIS) i senator o'Malley. 1 SENATOR o'MALLsv: I 13  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 Yes: lt is, Senator Shaw.

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

Did we figure out yet why we're attempting to raise the drtvec's ed fee to two hundred dollars from...?

PRESIDING OFFICER: (SENATOR CEO-KARIS) Senator...

It's now only ftfty dollars: and now we're going to raise it to two hundred dollars.

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

Senator Shaw, this does not raise the fee. Again, this is permissive language only, and it is to allow local school districts to make the declslon as to whether or nct they are covering a11 their costs. The current limit of fifty dollars has been expressed by some school districts to be too low, and theytve asked for authorlty beyond the fifty-dollar current limit. I think that two hundred dollars is a limit that -- that will allow this question not to be -- not have to come before the Legislature for some time. And I wlll tell you this: that is very clear from the legislaticn, both by its intent and in its writingr that the fees that would be charged wculd not exceed the actual direct costs that go beyond the State reimbursement for these -- for these programs.

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

Well, do we have any figure on what the -- the I assume that the -- some districts asked you to -- or a district asked you 14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 I I to raëse this. Do we have any figures on what the current charges is at the moment and what - - and what is too low? What is the -- I if you Nill, for lack of a beEter word, what is the goin: rate for driver's ed in the -- in these schccl districts at the moment?

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

Senator Shawv I don't know the -- I don't have any spectfics that I can share with you here today. I just don't have any knowledge of it. A1l I can tell you is that the schook distrtcts that have approached me through their representatives have indicated that the current limit does no* allow them to recover their costs.

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

Let me -- 1et me ask you this now: Does this affect all students across the State?

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

It -- it...

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Shaw? Senator O'Malley's tryinq to respond . Wculd you respond, Senator O 'Malley .

Senator Shaw, I believe that it does affeck students al1 over the State. There -- and as I mentloned ln my introductory remarks, the language -- or the fee waiver language that is required for students who cannot afford the fee is retained in the law.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 15  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th L I egislative Day May 1, 1995 I Senator Shaw. I SENATOR SHAW : I I To the -- to the billt The only problem that I have with this I is we don't have a -- but finally, one question -- one more I ' question of the sponsor. HoW long has this fifty-dollar fee been in exlstence? When dld we do thls?

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

And...tmicrophcne cutcffl...before then, if you knew.

Tt was enacted as part of the Education Reform Act of 1985.

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

Yes. Do you knoW What the fee was before that, if any existed?

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

My understanding is that tha: -- in 1985, when that 1aw was passedr Senator Shaw, there -- that that was the first time this was permltted. It didn't exlst prior to that law being -- becoming public.

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

The -- the only thing that I -- I can say about this -- this tWo hundred dollarsy I think itîs exorbitant, in terms of the number, and I think it's an arbitrary number that we are comin: up With. And I don't see any reason Nhy we should rakse it to two hundred dollars. If they 're going to be coming back to the 16  STATE OF ILLINOIS 89TH G&NERAL ASSEMBLY REGDLAR SEàSION SENATE TRANSCRIPT 40th Leglslattve Day May 1, 1995 Legislature -- if they saw fit to come to the Leqislature to raise they needed additional money, then we should raise it to the fee that noW is the going rate. I don't believe that tWo hundred dollars is the going rate. And I heard the sponsor say that this Wil1 keep them from coming back. It might keep them from coming back next year, but the year after next, then they will be back because many of them will be out there charging the two hundred dollars that's in this bill here. And think that's a bad precedent that we are settkng here: and I think it'll impact upon al1 of the students of Illinois, notwithstandtng the people that that cannot afford to pay under present law, they will not be charged anything under this bill. understand that. And -- but certainly impact those students that are going to private sehools and the -- some public schools. Some public schools, thts will impact them . This is another two hundred dollars passibly out of your pocket, and you shculd take a kook at this before you vote on it. I would urge you tc do that, and I think this should - - this blll should be defeated.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Jacobs. Any further discusskon? Any further dlscussion? Hearing none, Senator O'Malley, to close.

Thank you againy Madam Presldent. appreciate very much Senator Shaw 's remarks, and we bave talked very briefly after the first time this this was presea*ed and and after it was taken out of the record. think I've addressed the concerns that he has raised, and 1et me just say to everybody here that this ls merely permissive language . allows local school districts to make decisions not to exceed the llmit of two hundred dollars, but tt further provides that the that the number cannot exceed the actual direct costs tncurred by the school 17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 district beyond the State reimbursement level. So I think there are adequate safeguards to make sure that -- that this privilege not be abused. Again, it's merely permtssive. request your support. Thank you.

PRESIDING OFFICER: (SENATOR GEO-XARIS) The question is, shall Senate Bill 1006 pass. Those in favor, vote Aye. Those opposedr vote Nay. The voting is open. Have a11 voted who wished? Have a1l -- have all voted who wished? Have voted who wlshed? Secretaryr take the record. On that bill, there are 34 voting Ayer 18 votin: Nayr none votlng Presenk. And this bill, having received the required constitutional majority, is hereby declared duly passed. Senate Bill 1007. Senator O 'Malley? Senate Bill 1007? of the record. Senate Bill 1015. Senator Philip? Out of the record. Senate Bi11 1016. Senator Cronin? Out of the record. Senate Bill 1017. Senator Karpiel? Mr. Secretary, read the bill.

Senate Bill 1017. (Secretary reads title of bi11) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Karpiel. SENATOR KARPIEL) Thank you, Madam President. Senate Bill was a suggesticn of the State Board of Education, dealing with the regional cffice of education oversight boards. What it does is changes Ehe name of the ''regional office of education oversight board'' to simply, Hoversight board''. lengthens the terms of initial oversight board members by one year, so thcse drawing the shortest terms will serve at least two -- two terms -- two-year terms, and it adds two school board members to the oversight board, making the board a fifteen-member board. And the initial appointment of 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May ly 1995 those members will be made by the regional superintendent. And i that's all it does. 1 PRESIDING OFFICER: (SENATOR GEO-KARIS) i Any further discussion? Any further discussion? Hearing none, the -- the question is, shall Senate Bill 1017 pass. Those I in favor, vote Aye. Those opposed wlll vote Nay. The voting is I open. Have all voted Who Wished? Have a1l voted who wished? ( Have all voted Who wished? .-.secretary, take the record. On ; that questlon, there are 56 votlng Ayer none voting No, none voting Present. And this bill, having received the required constltuttonal majority, is hereby declared duly passed. Senate Bill 1018. Senator Watson. Out of the record. Senator <sic> (10)19. Senator Cronin? Senator -- out of the record. Senate B1ll 1022. Senator Peterson? Mr. Secretary, read the bill.

Senate Bill 1022. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madam President. Senate Bill 1022, as amended, shortens the tax buyers' take notice flling time to faur and a half months from five months, glvin: the owner a better chance cf redeeming his taxes before the first six-month rollover. Thls ls an agreed btll between the Cook County Clerk's Office and the property Tax Purchase Organization. 1 ask Eor a favorable roll call on Senate Bill 1022.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Is there any further discussion? Further discussion? Hearing I none, the -- the question is, shall Senate Bill 1022 pass. Those in favor I ,vote Aye. Those opposed will vote Nay. The votlng ls 1 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Lggislative Day May ly 1995 i open. Haveallvotedwhowished? Havea1lvoEedwhowished?Have j a1l voted who Wished? On that question -- take the record, Mr. Secretary. There are 56 voting Ayer none voting No y none votin: Present. And that -- bill, having received the requlred constitutional majority, is hereby declared duly passed. Senator Maitland, do you wish to recall your bill for purpose of amendment? On -- Senator Maitland seeks leave of the Body to return Senate Bill 1027 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectiony leave is granted. On the Order of 2nd Reading is Senate Bill 1027. Mr. Secretary, are there any Flcor amendments approved for constderation?

Amendment No. 1, offered by Senator Maitland.

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

Thank you very much, Madam President and Members of the Senate. Amendment No. 1 to Senate Bill 1027 is the language that we promised in committee. It strikes, first of all, some inadvertent language, Where we had taken the time in which one could file for actlon Eo two years. Wedre takin: that back to one year, as it is now, and also taktng aut some somewhat ambtguous language: should have known. I move for the adcption.

PRESIDING OFFICER: (SENATOR GEO-KARIS) A1l those in favor, signify by saylng Aye. Aye. A1l thcse opposed. The Ayes have it. The amendment's adopted. Are there any further amendments?

No further amendments reported.

PRESIDING OPFICER: (SENATOR GEO-KARIS) 3rd Reading. EenaEe Bill 1029. SenaEor O 'Malley? Ou* of the record . Senate Bill 1032. Senator Raica? Senator Raica, 1032? 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1, 1995 Out of *he record. Senate Bill 1035. Senator O 'Malley? Out of the record. Senate Bill 1036. Senator Syverson? Out cf the record. Senate Btll 1060. Senator Butler? Secretary, read the bill.

Senate Bil1 1060. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you very much, Madam President. Ladles and Gentlemen, I'd like to explain samething about this bill because there's been some propaganda published that is a little misleading, in my estimation. First of all, here's What's happenlng: Mcst of our county courthouses are being haunted, if you please, by people who pick up the names and addresses of recently filed mortgages. And that's a good deal, because the prospect that they have picked up has been thoroughly researched and the expense and the trouble and the -- that has gone into proving up that loan has been picked up by the original holder of the loan. So, except for a few minutes copying down a few names, the Company #2 has nothing really invested so far. The next expense is merely a call to the -- to the holder of the loan. A1l it requires is someone to say, ''I've got a better deal for you . I'd like to come and talk to you.'' And obviously, the loan is at some discounted rate from origtnal, *he person holdtng the loan or making the loan says, ''Sign me up.'' Sor here we have a situation where Company #1 bas has the expense of proving up a loan, and after a feu months, al1 of that work and expense is out the window. Nowr We could say that's Eough luck, guess. It's klnd of the -- Ehe nasty, predatory nature of business. But think there 's a sense 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 17 1995 falrness involved in this, and that's the reason fcr this bill. This Says that the person having the loan is free to take thetr -- their mortgage anywhere they want for as many times as they want, bu* in fairness - fairness - the costs involved bein: certain they were qualified in the first place may be -- may require a recapture fee, so to speak. Keep in mind that this does not preclude *he idea of multiple mortgages. The mortgage -- the mortgagee can have as many loans as they want. A11 this says, that ln fairness, we want to help the original maker of the mortgage to recapture some of their first costs. think it ls -- it's been called many thingsw but think it's an act that is fairness -- that brings about some fairness ko the original mcrtgage bolder. I really feel that the -- that no one is harmed by Ehis bill. There's some exaggeration about the cost. First of all, remember this is fair -- permtssive. It covers only thcse loans which are five years or more. After -- tf the loan is - - is prepaid before twenty-four months is up, the cost is three percent or six hundred dollars, whlchever is less. So a person having a flfty-thousand-dollar mortgaçe, it ccsts them a hundred and fifty dcllars for the -- for the pleasure, I guess you Nould call of -- of capturing thousands of dollars in the future on a lower-cost loan. isn't -- really until you get a two-hundred-thousand-dollar mortgage that you reach the six-hundred-dollar rate. Think this makes everybody kind of happy. First of all, the mcrtgagee gets a lower rate, saves thousands of dollars over the life of the loan. Mortgage Company #1 recovers just some of oriqinal cost. Mortgage Company 42 gets a -- a quallfiedr paying customer that they had no expense in capturing . A1l they had to do Was make one phone call. So in my estimaticn, everybody should live happily every after. And I would invite your questlons.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 22  gTATE OF ILLIMUf! 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40kh Leglslative Day May 1995 Any further discussion? Senakor Demuzio.

Well, thank you. You know, guess I'm back to reality. This is Sprlnqfield . So if pay off my -- my lcan early, got to :lve them three percent or six hundred dollars more. tell you what: This is fairyland, I guess.

PRESIDING OFFICER: (SENATOR GEO-XARIS) Further diseussicn? Senator Rauschenberger.

Question of the sponsor.

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

Under -- under -- you know: under provisions of this billr would would the bank or mortgage company who made the loan be requlred to refund a pro rata share of the points they charge up front for loan originatlon?

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

No . I'm tokd the -- the points are really a fund to cover bad loans.

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

so, in addition to being allowed to keep the points and the application fee and driving Lhe -- the entire application process themselves, you're suggesting they get an additlonal three percent, or six hundred dollars, whichever is less, Eor doing us the favor of of entering into transaction?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butler. 23  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1r 1995

Senator, keep ln mind the points are to secure a default. It has nothing to do with the original expense.

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

Senatorr if -- if points are to secure defaults, why -- why do a number mortgage lenders offer substitute poînts for increase in rate? So# to assume that points are to support default only begs the issue. think kheydre elearly part of the rate structure in -- in lending today' whether you would want to agree with that or not. And I guess I Would have ta say that reluctantly rising to oppose this btll, although have a gteat deal of respect for the sponsor. 1 don't think good public policy for us to carve out another fee for the poor, disadvantaged bankers of the State of Illinois, particularly When gou're dealing with mortgage prepayment. And before my colleague, Senator Eitzgerald, rises to explain to me that -- that banklng ls really an open and free market, just think about the last time you went to get a mortgage loan and hou courteously you Were treated, and the amount of respect. The only thing close to the banking system in that regard is probably the Cook County eourt system. So I would request of my colleague, think real hard about whether you dre in favor of voting for prepayment penalties on -- on mortgage transactions when wben borrowers ehange to take advantaqe of favorable rates.

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

Thank you. Would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR GEO-XARIS) H9 lndicates that he will. 24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 40th Leglslative Day May 1, 1995

Senator Butler, is there any provision in this bill that the person be notified that Ehere would be these additional charges made case of a prepayment, an early payment? And also, whekher - - also indicated here on a flyer that I have that -- that daes not apply if the loan has been parttalky prepaid . Is that correct?

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

To the -- the answer to thP last questlon is# it does not apply on a loan that's partially paid down: if that's what you mean. And , sorry, I missed the first question.

PRESIDING OFFICER: (SENATOR GEO-XARIS) Senator Butler. Senator Bowles.

The flrst questicn was: Is there a requirement in this bill that the borrower be notified of the fact that there would be thls addttional charge, so that it uould be a decision on the part of the borrower whether they wanted to pay the addttional fee and give up the pointsr as pointed out by Senator Rausehenberger?

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

Senator: it's in the contract. I don 't know whether that eame throuqh or noe.

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

Thank you, Madam President. rise on a point of personal privilege.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 25  STATX OF ILEINOI; 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legkslatlve Day May 1: 1995 State your point. . SENAIOR CRONIN: I I I'd like to -- just to -- and excuse me for interrupting this good debate. I'd like to direct the attention of the Senate to I I the -- *he gallery over the Republican side. There is a group of students from a very important school in my district, group of students and two advisors from Willowbrook High School in Villa Park. They 're here to compete in the VICA Skill Olympics. I need not point this out. All of you know Ehat the Warriors -- the Willowbrook Warriors are the defending State champtons in auto mechanics and CAD-CAM manufacturing. We have stx boys competlng in auto and a team of three in CAD-CAM. Like to introduce the SenatetotheWillowbrookWarriorsydefendingStatechamps. There 1 they are.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Will our guests please rise. Welcome to Springfteld. Any further discussion? Senator Donahue.

Thank you, Mr. -- Madam President. Question of the sponsor. PRESIDING OFFICER: (SENATOR GEO-KARIS) ! Mr. -- Senator Butler, would you yield? He tndicates he I I yields. j

Senator Butler, if I had a -- if I was just entertng into a -- 1 i a loan with my bankforamortgage,andthereisnoprepayment 1 clause or penalty or anythlng, does thls law affect that?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senatorgutler. 1 SENATOR BUTLER: 1 No, I -- I think the answer would be no, because it'd be a 1 I contract -- would have to be in the contract, and be a eontract violation . I ; I 26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May lw 1995

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

So, I mean, I'm -- maybe I'm a little more ignorant of what -- what types of mortgages or loans are made between bankers, but in most casesy is there not does not the consumer know Whether or no* you're going Lo have a prepayment clause or not a prepayment clause? And if you have a no -- no -- no prepayment clause in your mortgage, then youdre -- this is not going to affect you. Is that right?

PRESIDING OFFICER: (SENATOR GEO-XARIS) Spnator Butler.

Exactly. Well said.

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

Well, thank you, Madam President, Ladies and Gentleren of the Senate. Yeah, I had some concerns when thks amendment came and the bl11 came to the Financial Institutions Ccmmittee, and I share the eoncerns that -- that think Senator Donahue had. My problem tends to be on partial paynents where somebody makes a -- an advance payment, if that's a prepayment, or daes the loan have to be completely paid off in i*s entlrety, and that's a question to the sponsor.

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

Senator, i: does not apply -- guess thls would be your answer: The loan if the loan is partially paid down, it does not apply. 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Butlery would you repeat what you said? He didn't hear you.

WhaE said was, if the loan is partially pajd down, which think was your questlon: this does not apply.

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

The question Senator Donahue had ralsed was that my loan says that have the right for prepayment, and that would be in my contract. And that still remains to be true. It doesn't say anything my contract that I would be charged a penalty or not charged a penalty. Doesn't say anything about it because there is no current law that applies to that, because they can't do it. So my concern is -- as Senator Donahue has raised, is that, al1 right, this is law that takes effect prlor Eo my prepayment; therefore, does that law apply? didn't say I couldn't do It still doesn't deprive me of my right -- my -- under my contract of paylng it off in advance. I have the ccncern under that, and perhaps you could answer that question.

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

Senator, that's a good point. I -- if this btll passes out, guarantee we'll work on that in the House. It's an excellent point.

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

I think a second and a third concern that I have and Want to share it with you as long as youdre willlng to work this out. One 28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 of them is the notificationy and I think that's an extremely lmportant thlng, to allow the consumer the right to know that this will be charged and is part of the contract. You know, sometimes ! we have the free enterprise system, we want to open it up and allow people to at least function without being legislated a1l the time: but if we're going to say that you can do this, I think the marketplace will probably find its own. I would probably seek a lender who's not going to penalize me. But I would thlnk that they should certainly have that as one of the requirements, that they be notified that under that, in bold print or something, that that would be a charge and that is part of it, rather than in the small print of a four- or five-page contract. And I would think we would need that. Could you maybe address how you would handle that questlon?

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

I -- I think this is similar to your first point, which I agreed to. I think there should be some notification -- some notification in the -- in the original contract, and tbat's what I meant when I said I thlnk we ought to work on that when it gces ; over to the House.

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

Thank you, Madam President. I wasn't going to speak on this bill until Senator Rauschenberger prompted me tc rise and set the record straight. I am not going to be voting on thls legislation because I have what could be perceived as a conflict of interest, but I just want to make a couple of potnts. The terms and ' I conditions of the loan between the borrower and lender should be j for negotiaticn between the borrower and the lender. The borrower 29 . @ '  STATE OF ILLINOIS 89TH GENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislattve Day May 1, 1995 may be able to obtain a lower interest rate, if he is willing to accept a prepayment penalty. And I think We should just leave thls up to the marketplace, as long as there is full disclosure, and there are numerous fqderal and State laws requiring full disclosure, most notably the Federal Truth in Lendlng Act, which is very comprehensive and contains very severe penalties for lenders who do not comply. But the bigger issue here is: Why shculd the State be involved in fixing or setting the terms and condttions of contracts between borrowers and lenders? And every know a 1ot of my friends on the political left think that the State should be involved in alk contracts between private parties, but for those of you...

PRESIDING OFFICER: (SENATOR GEO-KARIS) Now ...

Some of my friends on the left. But I ask of you: What is the public policy rationale for having the State come in and fix the terms and conditions of private contracts? It makes no sense. There's a free market here at work. And I Would -- I Would encouraqe a11 of you to think about that issue along these lines. So, thank you for your attention.

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

A question for the sponsor.

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

Senator: my understanding ls that this bill merely allows doesn't require a prepayment penalty. That's, think: an essenElal disElnctlon. that correct? PRESIDING OFFICER; (SENATOR GEO-KARIS) 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislaeive Day May 1, 1995 Senator Butler.

That's correct.

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

Well, then, can you explain why -- why is this law needed? Does -- the State somehow restricting banks from having this kind of provision in loan contracts?

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

It is now prohibited .

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

Can you -- can you say why? Can you tell me why? Beeause that doesn't make any sense.

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

I have no ldea.

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

Yes, Madam Presldent, I apologize. I came in late. I'm nOt sure which bill we were debating, and saw Senator Fitzgerald debating. Is this the -- are We trying to override the Governor's veto of *he bil1...

PRESIDING OFFICER: (SENATOR GEO-KARIS) This is Senate -- this is Senate B(ll k060, whleh...

STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 Oh, okay. I'm sorry. I thought maybe...

PRESIDING OFFICER: (SENATOR GEO-KARIS) relates to m'ortgages and What have you.

... we were overriding the Governor's veto of the bill, and we had to do it by a certain time. apologize.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Not quite. It's not... Any further discussion? Senatcr Barkhausen.

Thank you, Madam President and Members. Senator Fitzgerald has, in large measure, made the point or points that I'd like to make. He he appealed mostly, seemed, to our side of the alsle in stating a case for this bill on free market graunds. In addition, he made the pcint or at least the -- the partial point that this is really more than arguablyy thlnk, good consumer legislation. you Were a lender or ccntemplating going into business as a lender, youfd obviously Want to cover your costs and you'd also have hopes of making scmething of a profit, and you would have essentially tWo ways of doin: that, by recovering monies from those to whom you're lending money . One of them would be by charging a certain interest rate in excess of the rate whlch you have to pay to secure those funds, and the other would be by charging what are known as pointsr or loan originatlon fees. To the extent the lender can recover its costs by some other legitimate means, this case a -- a regulaEed, a limited prepayment penalty, payable only, as I unders*and up to a maxlmum amount of stx hundred dollars and, further, only payable during the first two years of the loanr bu* to the exken: the the lender can recover that modest amount by this legitimate meansr then a lender is in a position, as Senator Fitzserald sort of said, to perhaps charge less for interest ar lgss for points.  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Leglslatlve Day May 1995 And those prepayment fees, modest as they are, would only be payable by those who refinance for reasons other than selling their home. There's also an exceptlon, as Senator Butler may have pointed out; theçe is an exeeptton if you sell your home. Oh: and there is or is likely to be an exeeption if you refinance with Ehe same lender. So only when you're trying to refinance with somebody else and only when youfre seeking to do that wtthln the first two years of the loan could there perhapsr if that's what's the contract, could there posskbly be the imposition of this prepayment charge. in my non-legislative life, I'm the *he life insurance business, and I'm very familiar with bath life insurance polieies and -- and annuities, which charge what known as a surrender charge or a surrender fee ror those who cash tn their policies within the first period of time several years, in the case of either one usually seven years. And this is only two years. But anyway, the folks that are in these finaneial businesses are obviously looking for legitimate ways to cover their costs, and this a very modest way of doing that, and I think the bill deserves our support. PRESIDING OFFICER; (SENATOR GEO-RARIS) Further dlseussion? Senator Shaw.

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

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he will. SENATOR SHAWZ I?n not koo familiar with th9 -- Witb these mortgages; but I wanted to ask you a question. If I go and make a mortgage today, is the -- is the cost of dotnç buslness already included in thàs transaetion?

PRESIDINC OFPICER: (SENATOR GEO-KARIS) 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1995 Senator Butler.

This part of the cost of doing business is not.

FRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Shaw.

The -- the -- well, how are they existin: today if the eost of doinq business not included in the mcrtgage today?

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

Well, Senator, ycu at the heart of ehe reason for thls bill. At the moRentp they are losin: mcney beeause their up-front expense, when a -- when a loan is paid off in less than twenty-four months. So this is merely an effort to recapture their initial costs.

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

Wouldn't you agree that maybe they need to ehange their own way of doing business, rather than coming to the Legislature, adding a cost sueh as this in there because you have -- you attempted to pay off your loan early?

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

I don't know how to answer that, except to Say that keep in mind -- we wer the Legislature, limkts Ehe number of points they can charge, so that's one avenue that's out of the kindoW.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further diseussion? Senator Shaw.

STATE OF ILLINOIS 89TH GENERAL ASSEMBL? REGULAR SESSIOY SENATE TRANSCRIPY 40th Legislative Day May 1995 It just -- it's just seemed to me that this is a backdoor way of trying to -- for -- we're trying to help the lending institutions here through the back door, and this would impact upon youpg people who are trytng to purchase homes in this State. And I think thls is a bad public policy. No matter how you put it, this is an attempt to gouge in -- in the consumer's pocket by -- by the Legislature getting involved this. thlnk itls wrong. think youdre going to slou down slow youn: people down from purchasing a home and a lot of other people, once they read this languageg if you put thls into the contract. I've bought several homes, and I've never seen I have a full understanding of what the points up front, and they tell me what the cost is. Here you are -- you're going throuqh the back door, charging these people some -- charging these people some additional money, which think is wrong, and I don't think the Legislature shculd get involved in thts. And certainly, al1 of the people that's see that's against thls legislation, should be noted by the -- the Members of both sldes of the aisle. And I think we are doing real harm to the -- eo public poliey here.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further diseussion? Senator Sieben.

Thank you, Madam Presidentr Ladies and Gentlemen of the Senate. I just rise in support of the legislation and I believe it is certainly fair to b0th the lender and to the borrower and will serve to keep mortgage rates competitlve across Ehls VtaEe. also want to state Cor the record that I may have a potential conflict interest, since I do serve on a bank bcard, but T do believe I Will be voting my conscience in support of this legislation.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further diseussion? Senator Cronin. 35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995

Thank you, Madam Preskdent. llke Senator Sieben, may have a confllct of interest, but I be voting my eonscience, as always.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you -- thank you, Senator Crontn. Any further discussion? Hearing none, Senator Butler, to close.

Thank you very much. just want ta reiterate that this does not apply under four conditions: if the if the loan was refinanced by the original lender; if the loan ls paid off through a credit ltfe insurance - that through a death; if the loan is pald off through the proceeds of a home sale; and fourth, the the when the loan is partially paid down. So I kould ask your favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) A1l right. The question shall be, shall Senate Bill 1060 pass. Those in favor w1l1 vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted Who wished? Have a11 voted who wished? Have all voted who wished? Mr. Secretary, take the record. On that -- on that vote, are votlng Aye, 35 voting Nay, voting Present. And this billr having failed to receive the required constitutional majority, is hereby declared failed. senate Bill 1066. Senabor Klemm, did you wish this bill returned to 2nd Reading? All right. Senator Klemm seeks leave of the Body to return senate 1066 to the Order of 2nd Reading for the purpose of -- of an amendment. Hearing no objection, leave granted . On the Order of 2nd Reading is Senate Bill 1066. Senate Mr. Secretary, read the bill. Are there any Floor amendmentss Mr. Secretary, approved for consideraEion?

Amendment No. offered by Senator Klemm.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm. Ladies and Gentlemen of the Senater some of these bills are very, very important, and we canft hear the iponsor. It would be appreciated if ycu would gtve the Chair your courtesy of l( 'stening to the sponsors and ko the proponents or opponents of the bills. We're here to give a goody fair hearing. Please keep your tones dcwn. Thank you . Senator Rlemm . SENATOR KLEMM) Thank you, Madam President. Could inquire of the Secretary if there's Amendment No. 2 been ftled also?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Mr. Secretary indicates no. Senator Rlemm .

The reason asked is because I had on my desk Amendment No . 2 for that btll, and I -- I'm curlous abcut Which one I'm supposed eo be debating now.

PRESIDING OFFICER: (SENATOR GEO-KARIS) What we have is Floor Amendment No. Senator Klemm, do you wish to take this out of the record? SENAWOR SLEMM; Would be possible, the Secretary would read the LRB number, so I could be sure that the one that was submitted is the correct one?

PRESIDING OPFICER: (SENATOR GEO-KARIS) There's -- would ycu read the LR -- LRB number, Mr. Secretary .

LRB8903056EGcdam0l.

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

rtght. Thank you. Apparently my amendment was mismarked. It must be that Amendment No. 1, so 1et me explain Amendment No. 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR EESSION SENATE TRANSCRIPT 40*h Legislative Day May 1995 1. What...

PRESIDING OFFICER : (SENATOR GEO-KARIS) Go aheadr sir.

What the amendment does is it places the language into the Ethics Act rather than the Election Code, and it states noW What is pretty common practice in the General Assembly: that Members of the General Assembly or a candidate for the General Assembly should not solicit funds durin: the last eight weeks when We pre Session and to the Weeks in Session during the Veto period. And I'd answer any questlons you have.

PRESIDING OFFICER: (SENATOR GEO-KARIS) That is Amendment that you're reading . Further discussion? Senator Demuzlo.

Well, thank you...

PRESIDING OFFICER: (SENATOR GEO-KARIS) On the amendment.

Thank you, Madam President. What are we on? Amendment or 2?

PRESIDING OFFICER: (SENATOR GEO-KARIS) It's Amendment No .

Well, a mlnute ago, there was a rulinç that satd No. Perhaps...

PRESIDING OFFICER: (SENATOR GEO-KARIS) Noz didn't qutte rule, but anyhow I'm ruling now .

Is there another amendment to eome?

PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Flemm , this is the only amendment. Is that correct? 38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 40th Legtslative Day MaY 1995

Actually, thatfs why I made the inquiry of the of the Chair. I'd like to Withdraw Amendment and Amendment No . 1: thenr becomes the billr really.

PRESIDING OPFICER: (SENATOR GEO-KARIS) Al1 right.

And I did explain Amendment No . 2...

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

... which we thou:ht was 1r but ik 's really No. 2.

FRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Rlemm. Senator Klemmy No. -- Amendment No. had already been adopted. You 'd have to reconsider. Senator Klemm.

Well thenr I want my comments to apply to Amendment No. because that's what I thought I was doing until I was advised that it was not correct. But we are on Amendment No. 2, and that's what explaingd, and I'd -- and I'd appreciate your favorable support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) May I suggest you take thls out of the record, Senator Klemmy at this time? We 'll return -- wedll return to itr so we can get that completely cleared up . Thank you. Senator Hendon, for Nhat purpose do you rlse?

Madam President, it was on the amgndment, so just...

PRESIDING OPPICER: (SENATOR GEO-XARIS) Next bill. Senate Bill 1083. Senator Cronin? Senator Cronin? Mr. Secretary; read the bill. Yes, sir. 1083.

39  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 Senate Bt1l 1083. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madam Presidenty Ladies and Gentlemen of the Senate. This bill, Senate Bill 1083, Was suggested by the Commissioner of Banks and Trusts. It anticlpates the advent of federally authorlzed interstate banking and branch banking. It places Illinois 1aw in a posture to lmplement those provisions. It seeks to amend or it amends numerous Sections af the Banking Act, the Bank Holding Company Consumer Deposit Aceount Act, the Corporate Fiduciary Act, the Finaneial Services Development Act, the Foreign Banking Office Ack, and the Interstate Isic> (Interest) Act. It was voted out of committee unanimously. This is, as sayy a bill suggested by the Commisstoner. Merely puts us a posture to -- to -- to implement the provisions that are to come under the Riegle-Neal federally authorized legislation. ask for your favorable consideration.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? This bill authorizes interstate branch banking. Section 8 the -- of Artlcle XIII of the Illinois Constitutlon requires that branch banking be authorized only by 1aw approved by three-flfths of the Members voting on the question or a majority of the Members electedr whichever is greater. Any further dlscussion? Hearing none, the question shall Senate Bill 1083 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted Who wished? Have a1l voted Who Wished? Have all voted who wished? Take the record, Mr. Secretary. On that 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Leglslative Day 8a# 1995 question, there are 55 voting Aye, none votint Noy 1 voting Present. And this bill, having received the required constitutional majortty, is hereby declared passed. Eenate Bill...tmicrophone cutoffl... Senate Bill 1091. Senator Petka? Senate Bill 1095. Senator Severns? Mr. -- is tbat a recall? Do you wisb this bill returned to 2nd Reading? The -- Senator Severns seeks leave to -- of the Body to return this bill to 2nd Reading for the purpose of an amendment. Hearin: no objection: leave is granted. On the Order of 2nd Readtng is Senate Bill 1095. Are there any Floor amendments approved for consideration?

Amendment No. 2: offered by Senator Severns. PRESIDING OFFICER; (SENATOR GEO-KARIS) Senator Severns.

Thank you, Madam President, Members of the Senate. Amendment No . 2 is a technical amendment which clarifies lntene and cleans up the language. the recommendaticn of the Department of Nuclear Safety, Department of Public Hea1th and the Illinois Radiological Society. know of no opposition. Move adoption.

PRESIDING OFFICER: (SENATOR GEO-KARIS) A11 riqht. There any any discussion on this amendment? Hearing none, al1 Ehose whc are for this amendment say Aye. All oppcsed w1l1 say -- Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopeed. Are there any further Floor amendments?

No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1097. Senator Severns. Is that let's see. Do you wish tbis bill returned to 2nd Reading for 41  STATE OF ILLINOIS 89TH GENERAL ASSZMBLV REGULAR GESSION SENATE TRANSCRIPT 40th Leglslatlve Day May 1, 1995 purpose of an amendment? Senator Severns seeks leave of the Body to return Senate Bill 1097 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave ls granted. On the Order of 2nd Reading is Senate Bill 1097. Mr. Secretary, are there any Floor anendments approved for censideration? SECRETARY HARRY) Amendment No. offered by Senator Severns. PRESIDING OFFICER) (SENATOR GEO-RARIS) Senator Severns.

Thank you, Madam Presidene, Members of the Senate. It was the sense of the Public Hea1th Committee, and certainly my concurrenee, that the amount diseussed should be lowered. Working with the Department of Public Rea1th, we lowered self-sufficiency account amount from ten thcusand to five thousand. know of no opposition. Would urse its adoption. PRESIDING OFFICERI (SENATOR GEO-KARIS) Any discussion? Hearing none, all those favor, say Aye cn the approval of -- adoption of the amendment. A1l opposed, say No. In the opinion of the -- the Chair, the Ayes have it. The amendment's adopted. Any further amendments?

No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . Senator Klemm, I think We clarified the position of your amendment on Senate Bill 1066. Senator Rlemm seeks leave of the Body Lo return 1066 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave ls granted. On the Order of 2nd Readlng ls Senate Bill 1066. Mr. Secretary, read the bill.

Amendment No. offered by Senatcr Klemm . 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995

PRESIDING OFPICER: (SENATOR GEO-KARIS) Mr. -- Senator Klemm, would ycu -- would you explain the amendment.

Thank your Madam President. did explain just previously What Amendment No. 2 does. It does become the bill, and if neededy 1111 answer any qûestions. Basically what lt does isy places *he language into -- from the Election Code into the Ethics Act, and also states that -- what is now common practice, I think, here ln Springfield, that Members of the General Assembly or candidates for the General Assembly shculd nc* sollcit funds durlng the last eight weeks when we're ln Session and to the Weeks when webre ln the Veto Session.

PRESIDING OFFICER: (SENATOR GEO-HARIS) Any -- any discussion? Any discussion? Hearing none -- Senator Hendon.

1'11 -- 1911 Wait till -- to speak on the bill. PRESIDING OFFICER; (SENATOR GEO-KARIS) A1l right. Hearing no further discussion, all Ehose ln favor of adopting the amendment, slgnify by sayinç Aye. A1l opposed, say -- signify by saying No. In the opinion of the Chair: the Ayes have it. The amendment is adopted. Any further amendments?

No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-XARIS) 3rd Readkng. Senate Bill 1106. Senator Weaver. Senate Bi11 1106. Senator Weaver? Senate -- out the record. Senator, Senate Bill 11077 Out of the record. Senate Bill 1113. Genator Rea? Mr. Secretary, read Ehe bill. 1113.

Senate Bill 1113. 43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madam Presidentr Members of the Senate. Senate Bill ll13r as amended now, because the amendment actually becomes the billr lt deletes the original bill whieh requires Department of Publtc Aid to conduct a permanent statewide family respcnsibility program for all AFDC clients and becomes the bill. This amendment is a follow-up to a Senate bill which requires the Department Public Ald, in cooperation with Ehe Department of Public Health, to devise and implement a demonstration prcgram to furnish immunization for Medicaid-eligible children on a walk-ln basis at local Publie Aid offices. And it eame out of committee 10 to I know no opposition to the and would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none, the question shall Senate Bill 1113 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have al1 voted who kished? Have a1l voted who wished? Have all voted who wlshed? Mr. Secretary -- Madam Secretary, take *he record. On that question, khere are 58 Ayes, none voting Noy none votlng Present. And this billr having received the required constituklonal majority, ls hereby declared passed. Senaee Bill 1115. Senator Rea? Madam Secretaryr ycu read the bill.

Senate Bill 1115. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Leqlslakive Day May 1, 1995 Senator Rea.

Thank you, Madam President, Members of the Senate. Senate Bill 1115 authorizes a unit school district in my area to issue bonds not exceeding twenty-ftve percent of the equalized assessment valuation of the district if the bonds are issued to construct a new school building to replace an existing school building that is more than sixty years old, the cost constructin: the new school building is less than sixty percent of the cost of repairing the existing schccl building, and the sale of bonds would occur before July 1st of 1997, whlch has a sunset. There was no opposition in commit*ee. came out of committee 9 to 0.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing ncne, the question shall be: shall Senate Bill 1115 pass. Those in favorr vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wished? Have all voted who wished? Madam Secretary, take the roll. On that question, there are 53 voting Aye, 4 voting Nay, voting Present, 1 not vcting. And this bill, having received the required constltutional majority, is hereby declared passed. END OF TAPE TAPE 2

PRESIDING OFFICER: (SENATOR GEO-RARIS) Senate Bill 1122. Senator Sieben. Madam Secretaryr will you read the bill.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1: 1995

Senate Bill 1122. (Secretary reads bltle of b1ll) 3rd Readlng of the blll.

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

Thank you, Madam Fresidenk and Ladies and Gentlemen of the Senate. Senate Bill 1122 is the -- the initiative of the Illinois Chamber of Commerce and the Illinois Manufacturers concerning education reform . And as introducedr this legislation Was very controversial, contained a number of provisions that were hostile to the Teachers' Union. But after several Weeks of negotiations between the Iklinots Chamber of Commerce, the Manufacturers and the IEA , on those issues, the bill now has been amended so that a1l the controversial Sections of the bill have been removed, and is agreed to and suppcrted and endorsed by the IEA, the Manufacturers and Chamber cf Commerce, and represents a starting point for discussions and negotiations about educational reform. The bill does three very simple things now. The flrst one, lt gives schaol boards the authority to exercise a11 powers necessary and proper for the maintenance, operation and development of thetr schools, provided those powers are not in conflict with any provisions of the School Code. Secondly, allows schcol dlstricts to utilize noncertified personnel for school-sponsored extracurricular activlties. And third, it repeals a Whole list of obsole*e Sections that the the three groups khat were working the bill a1l agree are obsolete. Ask for your Aye vote.

PRESIDING OFFICER: (SENATOR CEO-KARIS) Any further discussion? Any further discussion? Hearing none, the questton is, shall Senate Bill 1122 pass. Those in 46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 favor will vote Aye. Those opposed wi11 vote Nay. The voting is open. Have a1l voted who wished? Have a1l voted who wlshed? Madam Secretaryr take the record. On that questionr there are 59 Ayesr none votin: No, none voting Present. And this bill, haying received the required constitutional majority, is hereby declared passed. Senate :i1l 1123. Senator DeAngelis. Madam Secretary, read the bill.

senate Bil1 1123. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAnqelis. SENATOR DeANGELIS: Thank you, Madam President. Senate Bill 1123 is the hopefully, the vehicle by which we can place ehe Metropolitan Airport Authority inr when and if we ever reach an agreement. Be happy to answer any questions. If not, I urge a favorable rcll call.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearin: none: the question is, shall Senate Bill I'm sorry. Senator Collins.

Question of tbe sponsor, please.

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

Senator, do -- do you have any idea what -- What you hope to do With this bill?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: 47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 hope to engage in a high level of diplomatic conversation with the Mayor, and that we reach an agreement on this very critical issue. affects the livelihood of a11 the people of the State of Illinois and its economic well-being.

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

So why do we need more State bureaucracy to -- to do this?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: - - I -- I've looked at the bill. didn't see any State bureaucracy in i*.

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

Why -- wlth a11 of the discussion in reference to the Airport Authority and -- and the new airportsr if there going to be this, somehow, new level of consciousness where sober minds come together and work out a rational compromise and agreement that you're talking about, why don't we juse wait and let that happen? And then We have plenty of time before this Session end to enact it into law: after the agreement has been written, rather than havlng thls thing keep floating around, sort of as a hammer over the heads of -- of those of us on this side of the aisle.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGZLIS: Wellr Senator Collins, kncw why you may have sald that, because don 't think there's been an auareness that for nine years We have been engaged in a process of not only determining the need, but also Eo deEermine *he slEe and then to êvaluate the 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1, 1995 site and look at the finaneial. I know that, based on the actions the Mayor tooky he probably thought that wasn 't going on. And yet, you knowg I know that he did try to put an airpcrt in playy so there must have been a need some place. But esseptially, if there is no agreement with the Mayor, this airport will simply -- Authority Will simply take care of the third airport. I mean, it's going to be built, there has to be an authority. So, what's so sinister about that?

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

Wellr -- I just think we should vote this bill down and, you know, just let -- if we need an airpcrt authcrity: then let's walt until there 's some decisions as to whether or not there going to be a third airport in Illinois. And I don't think that decision is no where neary probably won't be dissolved -- resolved this Session. And at that time, we can talk about an authority. So I just ask everyone on this side to vote No.

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

Thank you very much, Madam President. f I persanally don't see anything wrong with thls. It's clearly a -- a need to expand aviation in the region. we can cut a deal With Gary, Indianar and take taxpayers out of the pockets of people of Illinois and the suburbs, then don't know what's going on in Illinois. thought this was Illlnois and not Indiana. So# I dan't see whaK's the big deal. There should be some accounkability a: all the airports in the State cf Illlnoisr beglnning O'Hare and Midkay, and don't see it as a hammer over my head: even though IlR on this side of the aislg, at the monent. just simply can't understand why we would -- are more comfortable with sharing cur 49 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESGION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 1 i revenueswiEhIndianathansharingltwiththesuburbs. I mean: 1 What's -- What's thP problem. When the Bulls win, the suburbs, they cryr they're happy too. When the Bulls lose, the people in the suburbs are sad too . When the Bulls losq, the people in Indiana are happy. So We need to get our priorities straiqht and stick with Illinois. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Karpiel. SENATOR KARPIEL: Thank you, Madam..vtmicrophone cutoffl... PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Karpiel. Senator Karpiel. Senator Karpiel, is your microphone working? Try the next one. Senator Karpiel. SENATOR KARPIEL: Thank you, Madam President. Question of the sponsor. PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he'll yield. SENATOR KARPIEL: It really isn't al1 Ehat earth-shattering, I mean, that you al1 have to be so quiet. I just Want to make sure that thls is on the record . Senator DeAngelis, I could ask you this personally, and I know thls came cut of our committee, but ycu 're calling this -- I mean, this btll creates a Metropolitan Airpott Authority, and the Dupage Airport is now really called not the Dupage Airport Authority; it is in reality the Metropolitan Alrport Authority. And so. Ehat has already been created. Is there any intent to put the Dupage Aïrport Metropclitan Airport Authcrity under this particular Authority and with the same board of directors? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: No. This -- thig Authorkty name wllk probably be changed. 50 ' )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legtslative Day May 1, 1995 This is nothin: more than something thatls out there that says there's a third airport someplace comlng. There is an authority going to be needed. Let's try to figure out at the end what the best type of structure there isr includipg dealing with the airspace problems in that area.

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

Senator DeAngells, then why is that this name was ehosen for the Authority that W1ll be the third airport? One that's already been taken by the Dupage Airport?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: I can't tell you, except that lt Was an -- inadvertent. If there is an error, lt was inadvertent. But I can assure you that that wlll not be the name of the Authority.

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

Well then, Senator DeAngelis, just caln my fears and when it -- when, in fact, this bill does blossom into a real with some substance on it, could we change the name to a different kind of Authorlty?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: Yes.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you. FurEher discussion? Senator Demuzio.

Thank you very much, Madam President. Would like to pose a  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1995 question to the sponsor, if I may.

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

Senator DeAngelis, thls is a vehicle bill for the Metro Airport Authority Board. Is this the ls this the same board that the Audit Commission commissioned to audit the other day and have it returned back by May of 1995?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: No.

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

Wellr I guess I was listening to Senator Hendon, I guess, golng through all of his evaluations of this bill. guess we ought to nickname thks bilL ''Wheels up''.

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

Questicn for the sponsor.

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

Does this bill take a significan: s*ep closer to building a Peotone Airport?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: Hopefully.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1995 Senator Lauzen.

second question then. How much wtll Ehe -- how much will cost to do the planning -- the -- whatever is envisioned in this bill? How much money are we talking about?

PRESIDING OFFICER: (SENATOR GEO-KARIS) senator DeAngelis. SENATOR DeANGELIS: Senator Lauzen, we have not formulated anythlnq beycnd the fact that there's a need for an authority . Discussions are going on 'right now as we speak. 1'11 get back to you When the ttme comes that an amendment has to be placed on it.

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

Yes. Thank you, Madam President. Wtll the sponsor yield?

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he w1ll.

senator, I recognize this is just a vehicle bill, and looking at all accounts as -- as it relate to the Peotone site that you diseussed and in buildins the airportr see the major -- al1 the major airlines are opposed to this, wherever that site So, could you tell us how much money in -- in ycur -- how much money Will come cut of the downstate Road Fund tc build thls airport peokone?

PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator DeAngelis. SENATOR DeANGELIS: don't have an answer, 'cause I don't know that any would. We haven't thls bkll ls stmply nothing more: as you indicated yourself, Senator Jonesr a shell btll to put in place an 53  STATE OF ILLINOIS 89TH GENFRAL A6SEMBLY REGOLAR SESSION SENATE TRANSCRIPT 40th Legislative Day May lr 1995 Authority. And when the time comes that that Authority has some substance the form of an amendment, 1'11 be more than happy to provide you wlth whatever lnformaticn you requesk and even more.

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

Well: under previous questions -- one of the other Senators asked you the question; that's What prompted me to ask the question. And reading the news accounts: major alrllnes indicating that theylre not going Eo be supportive. So the only source of funding for the shell would be the the Road Fund. And a Member's got tc be very careful in voting on somethingz because may leave here as a shell, bu* it may come back as a big tanker, when it comes rumbling back across the Rotunda. So, What suggest very strongly, that Members either vote No or Present on - - on this bill, because could have detrimental effectr especially Eo the DOT Road Fund downstate.

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

Thank you, Madam President. Will the sponsor yield?

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

I've heard a 1ot of talk about this vehicle that have no driver yet. Could you Eell me, when do you plan to put Khe driver in the seat of this...

PRESIDING OFFICER: (SENATOR GEO-KARIS) fenaEor DeAngelis.

.. . of this vehicle? SENATOR DeANGELIS:  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Leglslative Day May 1, 1995 Well, this bill will be golng over to the House. Somewhere between now and the end of the Session, hopefully, we can have some type of discussion. If we can't, then we would move forward without that discussiony bqt there Will be something beforg the end of the Sesslon.

PRESIDING OFFICER: (SENATOR GEO-KARIS) senator DeAngelis. Senator Shaw .

HoW many airports are you planning on dealin: with in this vehicle here -- getting in this vehicle?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: Itfs conceivable but that it Would only be the third regional airpcrt. Could be also that it would include in it three other airports, and those are the Chicago airports.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelts. Senator Shaw. Bring your remarks to a close, please.

The -- I just asked tWc questions. The -- the -- and you say *he Dupage Alrport -- do you plan to put that in this btll, -- in the -- ln the -- if it comes to that?

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

Do you -- do -- wait just a minute. Do you plan to put Dupage Airport in here, and if not, why not?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngells. SENATOR DeANGELIS: I Wculd think not, only because that terms of the 55  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40*h Leglslative Day May 1995 interfacfng from an operaticnal and a capital standpoint, that wouldn't be necessary.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Shaw. SENATOR SHAWI Just for -- just for the record, certainly I support the the Peotone site: but certainlyr under the circumstances of this bill, without knowing what's in the or what's going to be the bill, could not support this because I'm not certain that you're going to put a -- have enough drivers in Ehis in this vehicle when it come back over. So therefare, at this time I would urge my colleagues, solely because of the fact that it's not speaking directly to the Peotone site and mlghk include some other things, as one of the previous Senators said, dealing with the Rcad Funds or -- and any number of things this this bill could deal with. So therefore when you bring a b1ll back that -- that with the -- with the Peotone site in it, certainly I will be on board that's a11 it has in But I would hope that you would keep the -- the other alrports out of thls legisla*lcn.

PRESIDING OFFICER: (SENAQOR GEO-KARIS) Further discusston? Senator Viverito .

Will the speaker yield to a question?

PRESIDING OFPICER: (SENATOR GEO-KARIS) Indicates he'll yield.

The question that concerns me very deeply is the Midway Airport. Welre very, very concerned, because ke have a lot of anxieties there. As you well know, it's in my district.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. fENATOR DeANCELIV: 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1995 Senator Viverito, I'm qlad you brought that up, beeause the Mayor of the City of Chicago has made some insinuations that the Peotone site would lnterfere with Midway. I would ask that you look at the studyz . and clearly indicates, even prior to the Mayor comlng forward with his arrangement with Cary, that *he two airport sites that were named in the study that would have significant impact on the operations of Midway would be Lake Calumet and Gary. So if you 're worried about Midway, you better look the other way.

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

Thank you very much. Ladies and Gentlpmen, think what -- We have to keep in mind two polnts. 0ne is that as the -- one of the Chicago newspapers pointed out, think this morning, the airlines are are not anxious for any more competltion at O 'Hare . Two airlines now complekely dominate the -- the Chicago market. So theydre going resist any third airport. There's nothing -- nothing that's goin: to change that situatton. Also keep mind that think it is -- that New York has five airportsy LA has three, and anybody that thinks that the Chicago market by the year 2010 can get along on one airport simply doesn't understand the facts of life, terms of what the capacity of O 'Hare is going to be. There will be a third airport. There's just no question abcut that. It's only a question of wben gets started. I would bet anybody here that with withln Ehe nexE six Ec eight yearsy therels goinî to be a panic button hit: because the Chicago market will be underserved and we Ill begln losing business. The same two airlines will control O'Hare. They'll be smiling a11 way to the bank, but the market will be heading flying elseWhere. So I suggest Senator DeAngelis is on the riqht track. Let's qet started. We we have six or eight years of intense 57  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSEON SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 ' plannin: before this mcves ahead, but We ought to know that We 're golng to move ahead.

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

Thank you, Madam President, Ladies and Gentlemen of the Senate. I Would just like to remind everyone that a shell bill is -- and I understand what it is or I have learned to understand what it ls, except that this happens to be a very important bill. Some of the Senators that spoke understand the importance of it. So ët doesn't matter whether you want Peotone or don't want Peotone. It will be the will of the Bodyr and it also will either happen or not happen, maybe, in our lifetime. However, Ehe problem isr we're being asked to vote for something that We don't know what's going to happen, vhat amendments are going to go on in the House. We may find out that there's going to become with an impact study that to create thls and fund it may cost a 1ct of money, may cost -- have to deal with a money sltuatlon that deals with tax increases and everything else. I have no idea what it's golng to be there. So what's going to happen in the newspapers maybe a month from now or three weeks from nowr and it's in the House: there may be some talk about a bill -- itdll be 1123, as amended, and it will be money or nore money and akl any of our opponents would have to do is say, ''Hey look it. On Senate B1ll 1123, these are the Senators Who uere voting tc increase taxesr tc - - to go out there and have a cost impact.'' And I would suggest that before we vote for somethinq of such importance that's just maybe a paragraph or two, Ehat we would hold off on it. There is an identlcal House bill. Let them pass On it. Let them Vote it. Wetll amend ît over here and let that become the -- the -- the law. I just don't think that a bill of this importance ghauld be voked on that just has a couple paragraphs. Thank you. 58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 42th Legëslative Day May 1: 1995

PRESIDING OFPICER: (SENATOR GEO-KARIS) Any further discussicn? Hearing none, Senator DeAngelis, to close. SENATOR DeANG;LIS: Wellr you know, I'm just a little confused by some of the ccmments nade on the opposite slde of the aisle. Ycu know, you can't really, Senator Shawz have a third airport unless you have an authority. Now, if you want to do the airport first and the authoriky later, it ain't golnq to happen. And I also Would like to advise the Minority Lgader from the other stde Ehat he wants to represent his dlstrict properly, he Would lend support to the fact Ehat thls airport would create three hundred and eighty thousand new jobs coming rtght through the center of his districts, and if heart is beating swiftly for the congressional jcb, he definitely ought to be voting Yesr becauser again, wlthout an authority you don't have an alrport. urge a Yes vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The questlon is, shall Senate Bill pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that question, there are 29 Ayesy 27 voting Nay, none votin: Present, nct voting 3. This bill having -- having falled to receive the constitutional-required majority, is hereby declared falled . Senate Bi1l 1124. Eenate Bll1 1:26. Senator DeAngelis. Senator DeAngelisy Senate Bl1l 11267 Senator DeAngelis? 1126? Senator DeAngelis. Madam fecre*ary, read the bill.

Senate Bill 1126. (secretary reads ttEle of btll) 3rd Readin: of the bill. 59  STATE OF ILLINOIS 89TH GENERAL AESEMBLV REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senakor DeAngelis. SENATOR DeANGELIS: Thank you. Senate Pill 1126 a bill that was prepared to address the problems of school districts that cross county lines whcse elassification or assessment of properties are different. It's created a significant amount of interest' but also in the process, there is need for greater debate. So What this simply does is it moves into the discussion of how to do these -- how to deal with these situations in which people wbo live across the street from each other pay significantly different amount of taxes to go to the same school, because they're different counties that have different elasstfication prceesses.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further diseussion? Any further discussion? Hearing nonee the question is, shall Senate 1126 pass. Those in Cavor, vote Aye. Those opposed Will vcte Nay. Voting is open. Have voted who wished? Have all voted Who wished? Have a11 voted Who wish? Take the recard. On thak question, there are 43 Ayes, 6 voting Nay, voting Present. This bill, having received the required constitutional majority, hereby declared passed. Senator Dillardy do you wish this returned to 2nd Reading for purpose ot an amendment? senator Dillard seeks leave of the Body to return Senate Bill 1129 to the Order of 2nd Reading for the purpose of amendment. Hearln: no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1129. Madam Secretaryr are there any Ploor amendments approved for considerakion?

Amendment No. 2: offered by Senator Dillard .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Sena*or Dillard. EENATOR DILLARD; 60  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 40th Legislatlve Day May 1, 1995 I Thank you, Madam President, Ladies and Gentlemen' of the Senate. This amendment is a technical or clarifying amendment that's non-substantivey that just makes it very clear that concegled fireacms cannot be taken on the riverboat casinosy horse rackng racetracks or hospitals, and also pravides guidance with respect to the number af hours of training one would have to have under thls bill. And I'd move its adoption.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, a11 those ln favcr of this -- of adopting this amendment, please signify by saying Aye. A1l opposedy Nay. In the opinion of the Chairr the Ayes have it. The amendment is adopted. Is thefe -- are there any further amendments? ACTING SECRETARY HAWKER; Amendment No. 3, offered by Senator Dillard.

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

Thank youy Madam President and Members. This ls also a -- or, clarifying amendment that deals with mllltary service and eites that anybody who's been dishonorably discharged from the military cannot apply fcr a concealed carry permit ln Illinols, and moreover, states and makes very clear that the Illinois State Police have unbrtdled access to military records. And I'd move its adoptton.

PRESIDING OPFICER: (SENATOR GEO-KARIS) A1l right. Any discussion? Hearing none, a11 those in favor of adopting this amendmentr please signify by saying Aye. Opposed, No. In the optnion of the Chairz the Ayes have it, and the amendment's adopted. Are there any further Floor amendments?

No further amendments reported . 61  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR GESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. 1139. Senator Shadid. Madam Secretaryr read the bill.

Senate Bill 1139. (Secretary reads title of bll1) 3rd Reading of the bill.

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

Thank you, Madam President. Senate Bill 1139 codifies the existins rule requirins the Director of CMS to approve the leases for State agencies under the control of the Governor. Allows for State agencies not under the Governor to secure their own leases. Requires CMS and State agencies tc use a request for information method of source selection for mcst leases. Requires each person responding to an RFI in excess of five thousand dcllars to disclose the names of individuals having more than seven-and-a-half-percent interest in the -- in the enterprise.

PRESIDING OFFICER: (SENATOR CEO-KARIS) Any further -- any discussion? Any -- any discussicn? Hearing noner the question is, shall Senate Bill 1139 pass. Those in favor, voEe Aye. Those opposed will vote Nay. The voting is open. Have al1 voted Who wish? Have a1l voted Who Wished? Have voted who wish? Madam Secretary, take the record. On that question, there are 54 Ayes, ncne votlng No r none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1173. SenaEor Jones. SenaEor Jones? Senate Bill 1173? Out of the record. senate Bill 1118. Senator Philip? Senate 5i11 1188. Senator Dillard. 1188, Senator Dillard? Out the record. Senate Bill 1194. Senator Rea. Madam Secretary, read the bill. 62  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1, 1995

Senate Bill 1194. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madam Presldent, Members of the Senate. Senate Bill 1194 requlres a public hearin: prior to a river conservancy district establishing a special service area. Thls bill simply requires a public hearing prior to any district being established in a area. came out of the -- out committee on the attendance roll call and would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearing none: the question isr shall Senate Bill 1194 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who Wished? Have a11 voted who wished? Have a1l voted who wished? Take the record, Madam Secretary. On that question, there are 58 voting Ayer none votin: No, none voting Present. This bill, having received the required constitutional majority, is hereby declared passed. Senate Bil1 1205. Out of the record. Senate Bill 1206. Senate B11l 1206. Did you wlsh to have leave to return this bill to 2nd Reading, Senator Barkhausen? Senator Barkhausen seeks leave to return Senate Bill 1206 to the Order of 2nd Reading. Hearing no objection, leave is granted. Senator Barkhausen. On the -- on the Order of 2nd Readtn: Senate Bill 1206. Madam Secretary, are there any Floor amendments approved for consideraticn?

Amendment No. 2, offered by Senator Barkhausen.

PRESIDING OFFICER: (SENATOR GEO-KARIS)  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May ls 1995 Senator Barkhausen.

Thank you, Madam President. Amendment No. 2 is just a technical amendment that was referred back from the Rules Committee. I'd be glad to answer your questions, otherWise request iEs adoption.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further diseussion? Any further discussion? Hearing none, all those favor of adoptlng this amendmenty please signify by saying Aye. A1l opposed , Nay. In the opinion of the Chairy the Ayes have ie. The amendment's adopted. Are there any further Floor amendments?

No further amendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Readlng. We're now going back to page 4, 3rd Reading. However, wefre going to have the Committee Reports. Madam Secretary, would you read the Commlttee Reports.

Senator Weaver, Chairman of the Committee on Rules, reports that the following Legislatlve Measures have been assigned to committees: Referred to the Agriculture and Conservation Committee - House Bills 988, 1490, 1650 and 16517 referred to the Ccmrerce and Industry Committee - House Bills 241, 249 and 16937 referred to the Educatlcn Ccmmietee - House Bills 410, 668, 731, 780, 854, 1267, 2123: Senate Amendment No. Eo fenaEe Bill 377, Senate Amendment Nc. to Senate Bill 403: referred to Environment and Energy Committee - House Bills 358r 507, 901, 929, 1089, 1793 and Senate Amendment No. l to Senate Bill 10587 referred to the Executive Committee House Bills 90, 447, 661, 1853, Senate Resolutlon 56 and Senate Joint Resolution 40; referred to the Financial Instltutions Committee - House Btl1 1596: referred to 64  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislattve Day May 1, 1995 the Higher Education Committee - House Bills 122, 598, 660, 11197 referred to the Insurance, Pensions and Licensed Activities Committee House Bills 481, 549, 561, 583, 632, 1800, 1802, 1842 and 22457 referred to the Judiciary Committee - House Bills 36# 115, 119, 153, 497, 587, 589, 613, 652, 686, 855, 1004, 1246, 1458, 1706, 1709, 1721, 1816: 1891, 2453 and Senate Amendment No. 2 to Senate Bill referred to the Local Government and Elections Committee House Bills 505, 513, 553, 567, 572, 1108 and 1156: and Senate Amendments l and 2 to Senate Bill 1247 referred to the Public Health and Welfare Committee - House Bills 175, 193: 209, 300, 560, 610, 653, 1363, 1868, 1977, 2066, 2070, 2227 and Senate Amendment No. 2 to Senate Bill 6627 referred to the Revenue Committee - House Bills 614, 1212, 1510, 1810, 1827 and 23327 referred to the State Government Operations Cammittee - House Bills 252, 370, 823, 1493, 1653, 1788, 2248, 2343, and Senate Amendment No. 2 to Senate Bill 336: and Senate Joint Resolution referred to the Transportation Committee - House Bills 1502, 1633, l711r 1878, 2202 and Senate Resolutions -- 38 and 5l; Be Approved for Consideration - Senate Amendment No. 4 to Senate Bill 354 and Senate Jolnt Resolution 4l.

PRESIDING OFFICER: (SENATOR GEO-XARIS) We're going to start back on 3rd Reading. Page 4. Senate Bill ll. Senator Butler. Madam Secretaryr will you read the bill.

Senate Bil1...

PRESIDING OFFICER: (SENATOR GEO-KARIS) ACTING SECRETAR; HAWMER: Senate Bill 11. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 65  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 Senator Butler.

Ladies and Gêntlemen, Senate Bill is an unemployment insuranee vebicle bill. I'd like to move it over to the House where there are some discussions going on, just to keep the dialogue going. Appreciate your vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any furkher discussion? Any further discussion? Hearlng none: the questton is, shall Senate Btll 11 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted Who wished? Have all voted who wished? Have all voted who wished? Have a11 voted Who wlshed? Take the reccrd. On that questionr there are Ayes, voting Noz l voEin: Present, 3 not voting. Thls bill, having received the required constitutional majority, is hereby declared passed. Senate Bill l5. Senator Cronin. Out of the record. Senator O'Malley . Senate Bill 18. Out cf the record. SenaEe Bill 2l. Senator Butler. Senator Butler. Senate Bill Did you wish to recall that bill? rlght. Senator Butler seeks leave of the Body to return Senate Bill 21 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading, is Senate Bill 2l. Madam Seeretary, are there any Floor amendments approved for consideration?

Amendment No. 2, offered by Senakor Butler.

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

The amendment, Ladkes and Gentlemen, turns bhis into a labor relations vehicle bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dlscussion? Any further discussion? Hearing none' 66  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1: 1995 i ' 1 . a11 those in favor of the amendment, signify by saying Aye. All ' opposed, No . In *he opinion of the Chairr the Ayes have 1t. The amendment's adopted. Are there any further amendments -- Floor amendmenes, Madam Secretary?

No further amendments reportedr Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Readlng. Senate Bill 57. Senator de1 Valle. Madam Secretary.

senate Bill 57. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senatcr del Valle. SENATOR dEL VALLE: Thank you, Madam President. This bill, as amended, does three things. It repeals -- or, it deletes the repealer date, the 1-1-96 repealer date, for the Office of Inspector General of the Department of Mental Health and Developmental Disabilieies. It requires the DMHDD Inspector General tc report to the Governor and also requires and allows the DMHDD Inspector General to investigate reports of suspected abuse or neglect of patients or residents in any facility operated or funded by DMHDD. Currently the Inspector General looks at facilities operated by DMHDD. This blll will be amended. In committee, I d1d make a commlEmen: that the bill Would be amended based on an agreement reached with the Governor's Office and the Department. I have had contact with the Governor's Office. My understanding is that the final language is still not available: but I ask Eha: we move Ehis blll Eo *he Hcuse and assure the Body that ue will be seeinç it again.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 67  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 And you're saying that there will be amendment in the House. Is that correct? Senator Furkher discussion? Senator Raica.

Thank you, Madam President. Senator del Valle, before -- crr one of the reasons that this bill vas let out of committee was that there was neqotkaEions and ongoing negotiationsr assured by yourself, going on. And you told Ehe commieeee you would not mcve this bill; you would hold Now we're chocsing to move it over to the House. That was not agreed to. I understand negotiations are still golng ony and I would just ask the Members on my side of the aisle to vote Present or No on thls bill, because we did have an agreement in committee.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator del Valle. SENATOR dEL VALLE: Well, Senator Ratca , I do recall the agreement, and the agreement Was that -- that I uould amend the bill and that I Would amend based on the aqreement. We cannot do that, because the language ts not available yet. And so what I'm saying here is that it Will be done ln the House. It's extremely important that ue continue to -- to negotiate and to discuss ehis very important issue. We have an Tnspector General's position that comes to a close the position will be repealed 1-1-96 and so it's important that ue have a bill out there to deal with this very critical issue. I don't recall sayëns ln committee that Wculd not move the bill. recall saglnq in committee that We Would amend the bill. So, I suess there's a misunderstanding, but I ask the Members that ue keep this bill moving so that we can end up with an agreement regardin: the role of the Inspeetor General of Mental Health .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Watson. 68  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Leglslative Day ëaY 1995

Yes, Madam President. A question of the sponsor, please.

PRESIDING OFEICER: (SENATOR GEO-KARIS) Indicates he'll yteld.

Yes. The current Inspector General was in the Audit Commission and was questioned about the current authorlty that the Auditor General has -- or, Inspector General, excuse me, has in regard to going into private facilities. The response of the Inspector General was that she does not have that authcrity, but that she does it anyway. Ncw, what does this legislatkon do? Does this sive the Inspector General the authority to go into private facilities?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator de1 Valle. SENATOR dEL VALLE) Thank ycu, Senator Watson. That is exactly what this bill does. clarifies that the Inspector General can go into a private facility that is funded by the Departnent of Mental Hea1th and Developmental Dtsabllities. As we move towards communtty placements, increasing CILAS, and -- and lnereasing the number of independent ltving arrangements, operated by conmunity-based agencies funded by the Department of Mental Healthr is extremely important that we clarify the Statutes so that there is no questicn about the Inspeetcr General's authority to be able to follow up on reports of abuse and neglect. This is really the most important part of this bill.

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

Yes. Thank you. I'd just like to point out, Senator Raica made a request that thts -- this side vote Presenk or No because of an 69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 agreement that was reached in commlEtee. I would suggest We vote No simply because of the -- the effort that's gone forth here and the additional auhhorlty and responsibility that wedll be giving to some bureaucrat: the Inspector General. The Department's against this. just would suggest a No vote and let the amendments, then, come fcrth and maybe we can work out some sort of agreement.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further diseusslon? Eenator de1 Valle, to close. SENATOR dEL VALLE: This -- this and the language this bill was negotiated with the previous Director of the Department of Mental Hea1th and with the staff. They helped and Ehey participated the drafting of the bill as it is worded today. Now, there may be some questions from some of the Membersr but the boktom line here is that as we move towards the deinstituttonaltzation, or increasing the number of communlty-based facilities - and certalnly favor of that - we 've got to make sure that we are protecting the cllents in thcse facilities. This bill was introduced in response to an individual whose daughter - Norma Mateo - khose daughter Was found dead - three days; she was dead her apartment three days even though that CILA was under a community-based organization and under the supervision of a community-based organization. And it became evident, ie became clear: that the authcrity of the Inspector General to follow up on those reports Was not clear in the Statute, and that's why we've presented thls, as well as dealing uith the fact that it is :oin: to be important to continue that officer because it's going to be important to proteck the clients in the growlng number of community-based programs that we ar9 gneouraging as a result of our effort Eo move people out of State institutions and inEo conmunity faclllties. And so what  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 ask is that we keep the bill going. Ifve said I Will nct I Will not - agree to calling the bill in the House Without an amendment that's agreed to by the Governor's Offkce. I met Wlth Howard Peters tn my officer and made that commitment. I was Waiting for the languager but since -- since the deadline is upon us, I ask that we move the bill. And you're going to see it anyway, againr and at that tlme, if you 're not satisfied with the language: thgn you certainly can vote the bill dawn. So I ask for an Aye vote just to keep the bill moving.

PRESIDING OFFICER: (SENATOR GEO-RARIG) The questton is, shall Senate B1l1 57 pass. Those in favor will vote Aye. Those opposed -- opposed will vote Nay. The voting is open. Have all voted who wished? Have a1l voted who Wished? Have a11 voted Who uished? Madam Secretaryr take the record. On that questton, there are 27 votin: Ayer 12 voting Nay, 19 voting Present, vote -- not voting. And this bill, having not received the required constitutional majcrity, is hereby declared faiked. Did you wish Postponed Consideration? The the sponsor Nishes Postponed Consideration. Senate Bill 8l. Senate Bill 100. Senator Dudycz. Madam Secretary, will you read 100.

SenaEe Bill 100. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) senator Dudycz. :ENATOR DUDYCZI Thank youm Madam President. The contents of Senate Bill l00r as amended, contains -- contains provisions khat were agreed upon between the Clty of Chicago, the Chicago Firefighters ' Union and the Ehe paramedics. ànd What it does is the following: It gives paramedies the ability tc purchase penslon credlts from the  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Leglslative Day May 1995 date of hire through 1989 at four-percent compounded interest with a payback window to the year 2000. Firefighters Will also be able to buy back at four-percent compounded interest per year. The second provision. it allows widows of flreflghters who died befqre reaching the age of ftfty wlth twenty years of service of non-duty injury or iklness and who are currently receiving three hundred and twenty-five dollars a month will be brought up to parkty with all other minimum annuity widows through the other pension systemsy and they will now receive seven hundred dollars per month, rather than the three hundred and twenty-five. Widows of fLrefîgbters killed in the line of duty will be allovgd to remarry without loss of benefits. Annual eost-of-living increases of three pereent to retirees who have attained age fifty-five being changed, instead of the current age sixty, and also it applles to only those retirees who were born prior to January 1y 1945. This was brought about in part because OE the larqe amount of annuitants being met with rising medkcal costs, insurance cosEs. This is alsc a provision which was provided to the retirees of the Chicago Pclice Department who -- whc have also had these provisions in Senate Bill -- Senate Bill 99, which ke passed earlter out of thts Chamber. It also provides for a change in the current State Statute -- whlch will allow the City of Chicagc to fund the Firemen's Penslon Syskem with other funding sources rather than the preperty tax. And at this time, 1'11 be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WATSON) Is there any dtscussicn? Any discussion? Senator ShaW . Senator :haw, do ycu wish to discuss this bill? Your lights onz sir.

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

PRESIDING OFFICER: (SENATOR WATSON)  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1, 1995 les. th8 sponsor Will yieldg Senator shap. SENATOR SHAW; Senator Dudycz, you -- you say you're going back to 1989 with a four -- with a four-percent compounded interest for pension pickup?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

That that's correcty Senator. This is for the paramedies, allowing them to purcbase pension credits. As ycu know, the paramedics in Chlcago have -- or in the emerqency services have htstorically been treated as less than equal to the flre and police officers and thls will bring them up to -- to snuff.

PRESIDING OPFICER: (SZNATOR WATSON) Senator Shaw .

The -- how much is this costing the...

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

.e e the pension?

Well, depends which one you want, Senator. I -- I'm not quite sure how I could answer that one. I have tWo pensian impact notes, and the actuaryw as you know, is the Firemen's Annuity and Benefit Fund of Chicago. They came up wiEh Ewo Geparate penston nohes on thê same amendment and they are drastically differenE. There is: think, a a difference of like fifteen million dollars for each one. So, I I'm not quite sure hoW I could ansNer that one.

PRESIDING OFPICER: (SENATOR WATSON) Senator Shaw. 73  STATE OF ILLINOI/ 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legtslative Day May 1995

The -- now, that's the paramedics' provision; Ehak's what it's qoin: Eo cost the -- the taxpayers terms of fourteen million dollars. The taxpayers pick that up, is that -- is thak eorrect?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Well, depends upon which impact note you 're reading. One of them says that the costs are not determined, and the other one says that the liability is 14.1 or 1. -- 14.1 million and an annual cost of 1.25 million. Again, like I said: that this -- this pension impact note, both of them were -- were issued by the Illinois Economie and Fiscal Commlssion through their actuaries which were -- in this instance, are the Eiremen 's Annuity and Benefit Fund of Chicagor ln both -- in both of these notes.

PRESIDING OFFICER: (SENATOR WATSON) Senator Shaw.

Is -- is yours dated April 24th7

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Yes, Senator: one is dated April 24th and the other one ts dated April 20th. And they bcth of -- they are both almost identical in content of language, except for the flçures. And they are both tssued by the same actuary for the same amendment, for the same bill.

PRESIDING OFFICER: (SENATOR WATSON) Eurther -- SenaEor Shaw .

That's that's with exceptlon of the paramedics' provisionr thaE's the same. 74 I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l $ 40th Legislative Day May 1: 1995 PRESIDING OFFICER: (SENATOR WATSON) Senator Dudyez. SENATOR DUDYCZ: No. No: that's dlfferent. . PRSSIDING OPFICER: (SENATOR WATSON) Further diseussion? Senator Palmer. Oh, I'm sorry. Senator Shaw. SENATOR SHAW: What -- what I'm sayins herê is that -- and in the one that I have, it's -- it's deaking with fifteen millton dollars that are goin: to the taxpayers, that -- that the taxpayers Will have to pick up . And I think -- in light of the budget restralnts Ehat we bave in this State, I think this a bad time that We should put this type or ask the taxpayers of the Stake of Illinois to pick up thls type of benefit, where that you couldfve went back to 1977 and 1et them pay their own pension fund , as every other qroup does. And when -- when this is all sald and done, ke can't fund Medicaid, but we ean give people a Windfall proflt, in terms of pension pickups, as it relate to trytng to help one or tWo people. I think this is a bad publlc policy that Ehts Body have. I don't think it should happen. I think Ehat those of you on that side of the aisle, you should look at this. The budget is going to be comins up here very shortky and there's goin: to be major cuts in the budget. Buk at the same time. in this bill, SenaEe Bill 100, you lre goinq to ask the taxpayers of this State to pick up an enormous amount of money for a few lndividuals, and I think iEfs bad. I think that this bill should be defeated. PRESIDING OFFICER) (SENATOR WATSON) FurEher digcugsion? Senator Palmer. SENATOR PALMER: Thank youy Mr. President. Question of the sponsor. PRESIDING OPPICER: (SENATOR WATSON) I 75 I  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th LeslslaEive Day May 1995 The sponsor indieates he'll yield, Senator Palmer.

Senator Dudycz, does this still contaàn the part of the that allaws paramedics ko buy back credit fgr which they never madê any arigtnal contribution to the pension fund?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Yes. Senator Palmer, I'd like to answer Senator Shaw's statement, as far as the State funds first. Senator Shaw stated that we should nat use State dollars because of the tight budget we are -- we are faced with, and he 's absolutely correct. We should not use State dollars and thls has nothing to do with State dollars. This affects cver three hundred people in the Chicaço Fire Department, which are paramedics. Thts ls something that the City had agreed upon. Ande Senator Palmerz as far as the -- the paranedics buying into the pension fund , the paramedics have been trying to buy into the pension fund for years now. The fact is that since 1983, there have been over three million dollars sitttng in the Municipal Employeesf Penslon Fundp and the pension fund itself refuses to ask for these dollars to be transferred in, and they 're losing interest on these monies as uell. Apparently: there's some sort of a a political wrangltng going on Chtcago between certain people within the pension funds that favor fire deparement personnel, who -- which are not paramedics, and others that favor fire department personnel which are paramedics. and I would not wish to get into that discussion here. This is something, like I saidr that yes, I agree, the -- the pension fund has a problem with it, but they came up with two different Cigures for the same amendment. This is somethtng that the City of Chicago and the Pire Union have agreed upon: and I would hope that we would support I hope tbat answered your question. 76  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RSGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995

PRESIDTNG OFFICER: (SENATOR WATSON) Further discussion? Senator Palmer.

Thank you, Mr. Presidenk. Qo the bl$l: No, Senator Dudycz, that doesn't answer the question. Let ne just say specifically what this bill does. We're kind of skirtins around This is not a political football; this is a question of whether people should able to purchase benefits from an underfunded public penslon fund in whlch they did not originally make contributions. Current law allows Ehgm to buy back the years that they are owed. The question here is the amount that they will be allowed to pay back. The fact ls that the court already decided on thisr and disallowed their buying back at a reduced cost since they had not contributed in the ftrst place. And thlnk it's a litele unfortunate Ehat we wauld have widows in this same bills because the Chicago Firefighter Eund has the worst funding ratio of any public pension fund in *he State: forty-five percent. So we are contributing to the worsening of the unfunded mandate in this bill, an unfunded liabillty, by about 14.1 million dollars. I think this is the Wrong thtn: to do. If the paramedics want to buy into *he pension fund. then they should buy in in the same Way khat all other people have to buy This was brought to my attention when retlred -- some retired firefighters Misited my office and were very concerned about what was going to happen to their pension and to that of widows. They have no problem with that. Bu* thls ts grossly unfair. We are givin: an average break to people of about twenty-one hundred dollars and some would save as much as four thousand dollars. That is grossly unfair.

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

Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. 77  STATE OF ILLINOIS B9TH CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 May I point out the trouble -- one of the troubles with this bill is that it has beea amended to do some worthwhile things for some worthwhile recipienks of the Firemen's Pension Fund, but it still takes care of a group that has refused to follow *he rules, ann that's my problem with the bill. The bill provides that even thoughr going back to 1991, paramedics could have bought back thelr time with interest, as with every other groupr one group filed a lawsuit. The lawsuit went up to the Supreme Court. The Supreme Court ruled against thaE group, and now they're comlng in and try to save tbemselves some dollars. They're trying Eo save themselves the kind of obligation that every other pension group the State has followed and get a special exempticn for themselves. This is veryr very speeial legislation, Ladies and Gentlemen. And regardless of the good parts of this billr I would suggest to you, if you're voting Yes, you're going to be subject to ridicule. As to the paramedics, seventy-three percent I'm sorry -- seventy-three members of that group paid in the amount of money plus tnterest that they were supposed to. A small group of those paramedics refused to: and they've still refused to follow the mandate of the Illinots Supreme Court. And they dve come to us to give them a speeial treatment where they don't have to pay any interest, or a reduced interest, or special consideration. It disturbs me uhen We 're asked to give that kind of a break to a group. They're not destttute; they're not hungry. They do a great job for the servlces that theydre asked to perform, but that has nothin: to do - nothing ko do - wtth wha: we're being asked to do in this bill. They're bein: asked for a waiver of interest. None of us get a waiver of interest. We didn't give judges a waiver of interest. We haven't given anybody a walver of interest when they refused to pay their money. Why should we do it for this group? So I strongly urqe a No vote. The good parts regarding wldows and others will find their way onto some other bill that will be 78  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Leskslative Day 8aY 1995 addressing other parts of the Pension Code. The -- the Firemen's Aannuity and Benefit Fund are still strongly opposed to this bill. I urge a No vote.

PRESIDING OFPICER: (SENATOR WATSON) Further diseusslon? Senator O'Daniel.

Thank you, Mr. President. Would the sponsor yield fcr a question?

PRESIDING OFPICER: (SENATOR WATSON) The spcnsor indlcates he'l1 yield: Senator O 'Daniel.

Senator, is this an unfunded State mandate?

PRESIDING OFFICER: (SENATOR WATGON) Senator Dudycz.

No, Senakor O 'Daniel. This is something that the City itself has asked for, sometbing that they had to come tc agreement With the Firefighter's Union.

PRESIDIHG OFPICER: (SENATOR WATSON) Further diseussion? Senator OfDantel.

Yes. According to our analysis, it says that it wculd said the Chlcago Firefighter's Penston Fund liability would increase by 20.2 million, the annual cost of million, and it says it's an unfunded State mandate.

PRESIDING OFFICER: (SENATOR WAT6ON) Further discussion? Senatcr Jones. Senator -- I beg your pardon: Eenator O 'Daniel, Were you -- okay. Senakor Jones.

Yes. Thank you, Mr. President. Will the sponsor ykeld?

PRESIDING OFFICZR: (SENATOR WATSON) fponsor indicates he'll yleld, Senator Jones. 79  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May lr 1995

Senator Dudycz, you cut off the interest payment tn - what year? - 1989. How come that doesn't go up eo the current date or till such time that the dcllar: are paid? Why are we giving such a windfallr if you will, or money that's got to be assumed by the taxpayers of the City of Chlcaçoz When these members are makinq a decent salary? How -- why did you cut off the date at 1989? PRESIDING OFFICER) (SENATOR WATSON) Senator Dudycz. Senator Dudycz.

Hello. Yesr good question, Senator Jones. And I don't knou kf I can answer Ehat question. I think the -- the more apprapriate person thak can answer that would be Mayor Daley . This is something that he and the Firefighter's Union had agreed upon.

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.

Well, I was at tbe swearing in of the Mayor. He didn 't mention thls. So thereforef he's nc longer a Member af this Bodyp nor is he sponsoring this legislatton. Sor what I'm saying to you, there are many good parks to this b11l - many good parts - but the bad part about thls bill is the part where you have members Who can afford to payr you -- you allow them to get off w1th about six or seven, maybe elght, years of not payins interest to the penslon system. So what you're doing is gtving them a windfall. No one gets a big Windfall like that, and I I I haven't seen the Mayor of the Clty of Chicago fingerprints on that. So What I am saylng to you is that why don't you take thls bill back Eo 2nd Readinçz sponsor an amendment to take this portton outy because I don't thlnk no Member on your side of the aisle: nor on this side of the aisley will want to be voting and giving scmeone a big windfall, far as a pension system that is only about forty-three ao  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIFT 40th Legislative Day May 1995 percent funded. You will increase tHe accrued liabtkity. So why are you -- can't understand . Why are they getting such a bi9 break, when they -- they have the money, they have the capabtlity of paying into thê system? Let them pay up until the time -- the interest should be up until the time that they pay ity not cut it off and give them a six-, seven- or eight-year break. So what I'm suggesttn: to you, Senator, you could get stron: support for that bill, you would take that portion out and let's take care of the widows who ghould be taken care of, because it's very unfortunate. You're putting Members in a tough bindz especialky on your side of the aisle equally as Well.

PRESIDING OFFICER: (SENATOR WATSON) Is there further discussion? Purther discussion? If not, Senator Dudycz, to close.

Well, thank you, Mr. President. Senator Jonesr Senator Shaw had an amendment to take those prcvisions out in committee and: ycu know, not one Member of that committee voted for the amendment: not on khls side of the aisle or not on your side of the atsle. The opportunity Was there. Nobody decided to support it, and that's how it was presented, and it was reported out of committee wlth nc dissenting voices. You know, Mr. President. you know, I resent some of the statements that this legislation takes. care of group that refuses to follow rules. The fire paramedics, not only in Chicagoy but throughout the State of Illinols, follow the rules very -- very adequately and admirably' and I would -- I'd ltke to add that, you know, there is no Waiver of interese on that. There is a four-percent compounded interest that they are putting in annually. Under the State Mandates Act, if the -- if *he local authorities lf the local government asks for is not a mandate. And then, finally, -- before close, I'd like to say, you kncw, for those of you Who stood up or 81  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 and meneioned that ehis is special leglslation spetial pension leglslation well, a11 pension legislation is special. Remember something, Senator Jongs, that you used Eo sponsor every year called the omnibus pension bill? When it takes care of a retirlng Member of the Tllincis General Assembly, khae's not special legislation; that's the right khing to do. But when it's taking care of hundreds cf fire paramedics who have been denied the ability to join the pension fund for years and finakly they are gettlng that ability, now that's special legislation. This is something that has been agreed upon between the pollce -- the ftre department, khe City of Chicago and the fire unions. There is a there is a -- a problem with the pension board, who, by the way, comes up vith %<o dlfferent impact noees for the same amendment, for the same bill. They can lt even agree amon: themselves Nhat is the right figures. And and I believe that Ehere 's something morg to than meets the eye: as far as the pension board is concerned. vould juse hope thae everybody would support this bill. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 100 pass. Those in favor, vote Aye. Opposedr vote No. The votin: is open. Have a11 voted whc wish? Have a1l voted who wlsh? Have all voted who wish? Have voted who wish? Have voted who wish? ..tmlcrophone eutoffl- .the record. On that -- on that question, there are 29 voting Yes, 14 voting No, k0 voting Present. Senate Bill 100. having not received the required constitutlonal majority, declared failed. Senate Bill 124. Senator Dillard. 0ut of the record. Senate Bill Senator Peterson. Do you wish this bill returned to 2nd Reading for the purpose of an amendment? Senator Peterson seeks leave of the Body to return Senate Bil1 133 to the Order of 2nd Reading for the purpose of an amendment. Heartng no objectionr leave is granted. On the Order of 2nd 82 ' I STATE OF ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ; 49th Eeglslative Day May 1: 1995 1 I Reading is Senate B1ll 133. Madam Secretary, are Lhere any Ploor I amendments approved ror constderaeion? I I AcTlsc SECRETARY HAWKER: Amendment No. $, offered by senator Feterson. PRESIDING OFFICER: (SENATOR WATSON) Senator Petersony to explain your amendmen*. SENATOR PETERSON: Thank you, Mr. President. Amendment l to Senate Bill l33 would allow -- which currently allows all counties except Cook to assess parcels as open space, Would allow those acreages ten acres or more, in Cook Countyy to be defined as open spaee . And that would be as a purpose defined as wetlands, golf ccurses, forestsz wtld preserves -- wildlife preserves: et cetera. This ls currently being used in a1l hundred and one counties except Cook. We would like to extend that to Cook County. Ask for your favorable vote on Amendment 1. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, al1 those in favor, say Aye. Opposedr Nay. And the Ayes have ik: and the amendment is adopted . Are there any further Floor amendments approved for consideratian? ACTING SECRETARY KAWXER: No further amendments reportpd' Mr. President. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 134. Senator Peterson wishes to return Senate Bill 134 Eo thê Order of 2nd Rgading for the purposec of an amendment. Leave ks qranted. Hearing no objectionr leave is granted. On *he Order of 2nd Reading is senate Bill 134. Madam Secretary, will you please rêad any Floor amendments that have been approved for consideration. ACTING SECRETARY HAWKER: Floor Amendment No. le offered by Senator Peterson. ! 83 y '  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i ! 40th Legislative Day May 1, 1995 PRESIDING OPPICER: (SENATOR WATSON) Senator Peterson. SENATOR PETERSON: Thank you,. Mr. President. Amendment l amends the Property Tax Extension Limitation Lau Eo provide that newly Eaxabler formerly exempt property shall be counted as new property When IE gaes On the tax rolls. Ask for your favorable vote cn Amendment 1. PRESIDING OFFICER) (SENATOR WATSON) Is there any discussion? Seeing none, a1l those in favor, say Aye. Opposed, No. The Ayes have it. And the amendment is adopted. Any further Floor amendments approved for constderation? ACTING SECRETARV HAWKER: No further amendments reportedr Mr. President. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Senate Bill 135. Senator DeAngelis. Senator DeAngelis. Senator DeAngelis seeks leave of the Body to return Senate B1l1 l35 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectton, leave is granted. On *he Order of 2nd Reading is Senate Bill 135. Madam Secretary, are there any Floor amendments approved for consideratlon? ACTING SECRETARY HAWKER: Amendment -- No . 1: offered by Senator DeAngelis. PRESIDING OFFICER: (SENATOR WATSON) senator DeAngelis. SENATOR DeANGELIS: Thank youp Mr. President. This is the -- the bill originally was Ehe TIP shell. The amendment puts *he language in. We still have a lon: Way to go, but I'd urge the -- I'd urqe the Body to support this amendment. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing noner al1 those in favor, say Aye. Opposed: No. The Ayes have it. And the amendment is 84 . y '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 adopted. Are there any further Floor amendments approved for consideration?

No furjher amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Reading. Senate Bill 137. Senator Raica, on 3rd Reading. Senate Bill 141. Senator Woodyard. Senator Woodyard , do you seek leave of the Body to return Senate Bill l4l to the Order of 2nd Reading for the purpose of an amendment? Hearing no objecbion, leave is granted. On the Order of 2nd Reading is Senate Bill 141. Madam Secretaryz are there any Flcor amendments approved for eonsideratlon?

Amendment No. 2, offered by Senator Woodyard .

PRESIDING OFFICER: (SENATOR WATEON) Senator Woodyard.

Thank you, Mr. President and Members of the Senate. Senate Amendment No. 2 actually becomes the billr and I realize that this has been a very controversial bill, and we dcn't have agreement among al1 the parties at this point in time. I do want to attaeh the amendment, and hopefully, tomorrow or the next day, be able to pass it over to ehe Houser where We ean continue some further discussions, negotiations. These are things that I have discussed with Senator Berman. As of right now : though, this -- the Senate Amendment No. contains four provistons. By way, the underlying bill deals with behavioral intervention, and I think a 1ot of you were contacked over whaE had occurred as a rgsult of a Publtc Act. The State Board of Education adopted quldelinesp whlch ln essence beeame lawr and in this behavioral lnEervention. And Ehis bill -- the amendmpnt actually Would undo some of the things that -- that were those guidelines, 85  STATE OF ILLINOIS I 89TH GENERAL ASSEMBLY I REGULAR SESSION j I SENATE TRANSCRIPT I 40th Legislatlve Day May 1, 1995 prlmarily puttlng the effective date off approximately a year. And in addition, the school boards themselves would have a lot more to -- to do with writing and adopting their own policy. So khatfs kind of what the amendment does. 1111 be glad to answer any questions.

PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Berman.

Question of the sponsor. Do we have a commitment that this w11l be amended in the House so that discussions will be carried on? PRESIDING OFFICER) (SENATOR WATSOK) Senator Woodyard.

Senator Berman, I cannot give you a commitment that it's going to be amended over there. I discussed the -- the this With the sponsor of House Bill 717, and I presume he Would probably plck this up, but I told him it was our hope that we could reach agreement over in the House and amend it over *here and send it back.

PRESIDING OFFICER: (SENATOR WATSON) Eurther discussion? Senator Berman.

Well, Senator Woadyard, you you've given us -- you've -- youtve given those of us that have some concerns abcut thisz and -- and -- I recognize and you recognize the sensitivity of this subjeet. You're dealin: with sevêrely handicapped -- disabled ehildren, and the question is what do you do When they act up, and hoW do we proteet them and how do we protect okher students, and how do we do the right thlng.

PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard. 86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995

I'm -- I'm ...

PRESIDING OPFICER: (SENATOR WATSON) Oh! I b9g your pardon.

I'm sorry. What -- what I'm concerned about, thought that you had indicated that we could make sure that there was an amendment. If there -- let me just make this sugges*ion to you: If there's a House bill comknq over on the same subject, why don't we hold this, and -- and carry oa our dtseussions with the House bill and webll make sure that that one's amended. I just -- I'm concerned khat the people who represent disabled children, and there -- there's a long list here - The ARC of Illinois, the Autism Society, the School Psychologistsv Family Resource Centers, Springfield Leqal Services Support Center. We've indicaked. you and have indicated, that they are going to be around the table to *ry Eo address and work somethin: out. I would hate to see this thing get rushed through the House, and then you and are embarrassed. I'd like your camments on that concern.

PRESTDING OFFICER: (SENATOR WATSON) Senator Woodyard.

Senator Berman: think you said it best committee hearing . We may never have agreement on this partkcular issue. I don't know. I -- 1 can only tell you, and here again, remember that wefre jus: on the amendment. And quite frankly, before we do vote on it on 3rd Reading, I'm going try to make sure we have that commltment. I can only tell you we don 't at this time. And also, do belteve that the portions of 717, whkch are identtcal to this billz Were attached to another bill and it's still in cur Senate Rules Committee. So, We may not have anything coming over frcm the -- further from the House. 87  STATE OF ILLINOIS 89TH GENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1# 1995

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Berman. I I SENATORBERMAN: t I'm sorry. Let -- Let me make a different suggestion. 1 Amendment 2 allows the schools to disregard: totally, the guldelines. That concerns a 1ot of the advocacy groups. Why don't We mave Senate Bill 141 out Without this amendment? Then I'm sure it will get amended in some way or other, because nobcdy Will be happy with l4l without an amendmentr and that way we know that we 'll continue to talk in -- in a meaningful way. And I apologize to my colleagues for -- for this dlalogue here, but I think it's important.

PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? Senator Woodyard, Would you eare to close?

Wellr thank you for the recommendation, Senator Berman. At thls point tn time, I'd like to adopt the amendment. If We -- there is agreement to do that with the House sponsor, wha is very tnvolved with this same sltuation, we would still have times that's my understandlns, to WithdraW this tomorrow.

FRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing none - I guess the Senator was elosing - all those in favor, say Aye. Opposedz No. And *he Ayes have 1t. And the amendment is adopted. Are there any further Floor amendmenEs approvêd for consëderatian? ACTINC SECRETARY HAWKER; No furkher amendmenEs reported. PRESIDTNG OPFICER: (SENATOR WATSON) @ I 3rd Reading. Senator -- 143. Senate Bill 143. Senator I I ! Bendon. DO you Wish thisbill returned to 2nd Reading forthe 1 l purpose of an amendment? Senator Hendon leaves -- asks leave of I ! 88  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legkslative Day 8ay 1995 the Body to return to the Order of 2nd Reading for the purpose of an amendment. Hearlng no objeetlonr leave is granted. On the Order of 2nd Reading is Senate Bill 143. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator Hendon.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon.

Thank your Mr. President. Amendment No . 2 is a Welfare reduction bill. It simply sets up a pilot program to help people get off publie aid in a meaningful way, with a -- a job. And I ask for its adoption.

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

No further amendments repcrted/ Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate 145. END OP TAPE TAPE 3

PRESIDING OFFICER: (SENATOR WATSON) Madam Secretary, please read the bill.

89  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 Senate Bill 145. (Seeretary reads title of bill) 3rd Reading *he bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm .

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 145 extends the statute of limitations the Criminal Code for designated sexual crimes against minors to twelve years following the minor's eighteenth birthday. It also establishes a twelve-year llmitation period on a clvil aetion based on these sexual crimes. I want to thank the many, many individuals and groups who testified in behalf of this and also partlcularly the Illinois Coalitlon Against Sexual Assaulty Turning Point, and Senators Petka and Hawkinson, for their assistance in crafting this agreed billr and I ask for your support.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing noner the question is, shall Senate Bill pass. A11 those in favor, vote Aye. Opposed, vote No. The votinç is open. Have a1l voted who wish? Have a11 voted who wish? Have all voted who Wish? Take the record. On that question, there are 59 votin: Yes, no votlnq Noy no voting Present. Senate Bill 145, having received the required constitutional majority, is declared passed. Senate Bill 181. Senator Tom Dunn. Madam Secretary, please read the bill.

Senate Bill 181. (Secretary reads title of bil1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) SenaKor Tom Dunn. 90  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION l SENATE TRANSCRIPT I 4ûth Leqislative Day May lr 1995 SENATOR T. DUNN: Thank you, Mr. President. This btll attempts to take cash out of the process in dealing with tndivtduals Who receive public aid and substituting a voucher system so that they may obtain clothing and sehool suppltesr and cribs and diapers, and things of that nature. I'n happy to answer any questions. PRESIDING OFFICER: (SENATOR WATSON) Is there any discusslcn? Any discusslon? If not, the question is, shall Senate Bill l8l pass. A1l those in favor, vote Aye. Opposed, vote No. The votin: ls open. Have a11 voted who wish? Have a11 voted Who wish? Have all voted Who Wish? Take the record. On that question, there are 57 voting Xesr no vcting No, no vottng Present. Senate Bill 181, having received the required constitutional najori*y, is declared passed. Senate Bill 189. Senator Smith? Senator Smith seeks leave of the Bcdy to return Senate Bill 189 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectionp leave is granted. On the Order OC 2nd Reading is Senate Bi11 189. Madam Secretary, are there any Floor amendments approved for consideration? ACTINC SECRETARY HAWKER: Amendment No. 2, offered by Senator 5m1th. PRESIDING OPFICER: (SENATOR WATSON) Senator Smith. SENATOR SMITH: Thank your sir. Mr. President, this amendnent permits the -- the Depar*men* o' -- becomes the bill and simply rewrikes the bill as Senate Amendment No. l with slkght revisions. What the bill does now: it permlts the Department of publtc Aid, by rule and subject to approprlations, to provide assistance for more Ehan twelve months based upon the former client's financkal needs. I ask for your support. PRESIDING OFFICER: (SZNATOR WATSON) 91 ' . j  I STATE OF ILLINOIS I 89TH GENERAL ASSEMBLY . REGULAR SESSION I SENATE TRANSCRIPT 40th Legislative Day May lr 1995 Is there any discussion? Any dtscussian? Al1 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendmenE is adopted. Are there any further Floor amendments approved for consideration? ACTING SECRETARY HAWKER: No further amendments reported. PRESIDING OFFJCER) (SENATOR WATSON) 3rd Readlng. Senate Bill 213. Senator Dehngekis. On 3rd Reading. Out of the record. Senate Bill 253. Senator Maitland? Senator Maitland seeks leave of the Body eo return Senate Bill 253 to *he Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 253. Madam Secretary: are there any Floor amendments approved for consideration? ACTING SECRETARY HAWKER : Amendment No. 3, offered by Senator Maitland. PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland. SENATOR MAITLAND: Thank you very much, Mr. President. Floor Amendment No . 3 eo Senate Bill 253 grandfathers in a11 people employed by the State on and prior to June 30th of 1997, and then would suggest that anyone hired after July 1, 1997 wculd be under the -- under the components of tbe change - in other words, would not recelve pay for -- pay for accrued sick leave days. We change this to July 1, f97 because it's the date that generally reflects the -- the explration cf the State's larqesk collective bargaining agreement. And I Ehink this is a -- is a -- an amendment that we can accept and makes the bill a better bill, and I Would move Cor the adoptkon. PRESIDING OEFICER: (SENATOR WATSON) Is there any discussion? Senator Ccllins. Senator Collins 92 ' w . j ' ; STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May lr 1995 Withdraws. Senator Maitland, dc you wish to close, or do you just wish to move your amendment? All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Fkoor amendments approved for consideratton? ACTING SECRETARY HAWRER: No further amendments reporbed: Mr. President. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bl1l 281. Senator Woodyard? Out of the record. Senate Bill 346. Senator Madigan? Senator Madigan seeks leave of the Body to return Senate Blll 346 to the Order of 2nd Reading for the purpose of an amendment. Heartng no objection, leave ls granted. On the Order of 2nd Reading is Senate Bill 346. Madam Secretaryz are there any Floor amendments approved for constderation? ACTING SECRETARY HAWKER: Amendment No. lr offered by Senator Madigan. PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan. SENATOR MADIGAN: I1m sorry, Mr. President. We have not adopted this amendment previously then. I'm sorry. Al1 right. To the Floor Amendment No . 1: Thls addresses the concerns of the Municipal League. It combines all the IMRF reserve funds tnto one and caps the total reserve at twice the projected interest requirement for the next year. I would move for its adoptlon. PRESIDING OFFICEN; (SENATOR WATSON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposedr No. The Ayes have have it. and the amendment ls adopted . Are there further Floor amendmenks approved for consideratlon? ACTING SECRETARY HAWKER : No further adopted -- no further amendments reported. 93  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day 8aY 1995 PRESIDING OFFICER) (EENATOR WATSON) 3rd Reading. senate Bllt 354. Senator Barkhausen wishes to - - seeks the leave of the Body to return Senate Bill 354 to *he Order of 2nd Reading for the purposes cf an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 354. Madam Eecretaryr are there any Floor amendments approved for conslderation?

Floor Amendment Nc. offered by Senator Barkhausen.

PRESIDING OPFICER: (SENATOR WATSON) Senator Barkhausen.

Mr. President, Amendment No. makes clear that this particular proposal Would exclude matters before the Department of Employment Security, and I nove its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, al1 those in favor, say Aye. Oppcsed, Nay. The Ayes have tt, and the amendment is adopted. Any further amendments approved for consideration, Madam Secretary?

Amendment No. 4, offered by Senator Barkhausen.

PRESIDING OFFICER: (SENATOR WATSON) Senator Barkhausen.

Amendment No . 4, Mr. President, is a technical amendment to clarify the issue of jurlsdiction, and would ask for its adoption.

PRESIDING OFPICER: (SENATOR WATSON) Any diseussion? Seeing none, those in favor, say Aye. Opposed: Nay. The Ayes have and the amendment is adcpted. Any further Ploor amendments approved for consideratien?

94  7 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 No further amendments reporeed .

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 355. Senator Barkhausen? Do you wish to return this bill to the Order of 2nd Reading for the purpose of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 355. Madam Secretary, are there any Floor amendnents approved for consideratiln?

Amendment No. 2: offered by Senator Barkhausen. PRESIDING OFPICFR; (SENATOR WATSON) Senator Barkhausen.

Mr. Presldent, I would ask that Amendment No. 2 be tabled .

PRESIDING OFFICER: (SENATOR WATSON) The motion is to table the amendment. A1l those in favor, say Aye. Opposede Nay. The Ayes have it# and the amendment is tabled. Any further Floor amêndments approved for consideratione Madam Secretary?

Amendment No . 3, offered by Senator Barkhausen.

PRESIDING OFFICER: (SENATOR WATSON) Amendment No. 3, Senator Barkhausen.

Thank you, Mr. President, Amendment No. 3 takes out some provisions in this bill dealin: with the imposition of attorneys ' fees that were -- that some Members in the committee had questilns about. And it added some provisions dealing With providin: protection for enployers who hire those who have have or might have crimlnal rgcords. And I Would ask for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) A1l Ehose in favor: say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted . Are there further Floor apendments 95 I  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION 1 SENATE TRANSCRIPT i ! 40th Legislative Day May 1, 1995 approved for eonsideratlon?

No further amendments reportedr Mr. President. j . @ PRESIDING OFFICER: (SENATOR WATSON) . i 3rd Reading. Senate Bill 357. Senator Barkhausen? On 3rd Reading. Out of the record. Senate Bill 359. Senator Fawell Wishes to return Senate Bil1 359 to the Order of 2nd Readin: for the purposes of an amendment. Hearing no objectlon, leave is granted. On the Order of 2nd Reading is Senate Bill 359. Are there any Floor amendments approved for consideratlony Madam Secretary?

Amendment No . 2, offered by Senator Fawell. PRESIDING OFFICERI (SENATOR WATSON) Senator Fawell.

Thank you very much. This fs an amendment thak Was agreed to by the Medical Soctety. It merely says that if a senior is suffering from any kind of dizziness or i1l health. that she must be examin/d by a physician before entering in the pilot praject.

PRESIDING OFFICER: (SENATOR WATSON) Is Ehere any discussion? Seeing none, a11 those in favor, say Aye. Opposed, Nay. The Ayes have i*, and *he amendment is i adopted. Are Ehere further Floor amendments approved for consideration?

No furEher amendments reported. I PRESIDING OFFICER : (SENATOR WATSON) 1 3rd Reading. Senator FaWell, on Senate 3il1 361? Please take that out of the record. Senate Bill 368. Senator DeAngelis, do 1 you wish tbat bill returned to the Order of 2nd Reading for the 1 i purpase of an amendment? Leave is granked, hearing no objection. I ! ! 96  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 On the Order of 2nd Reading is Senate Bill 368. Madam Secretary, are Ehere any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator DeAngells.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dehngelis. SENATOR DeANGELIS: Thank you, Mr. President. Floor Amendment No. 2 is, fact, the bill. It is a extenslve list of things that are taxpayer-friendly in regard Eo the protesting of your property taxes.

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

No further amendments reportedr Mr. Fresident.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 393. Senator Peterson? Out of the record. Senate Bill 397. Senator Phillp. Madam Secretary: please read the bill.

Senate Bill 397. (Secretary reads title of bill) 3rd Readins of the bill.

PRESIDING OFFICER: (SENATOR WATSON) senator Phklip. SENATOR PHILIPJ Yeah. Thank you, Mr. President, Ladies and Gentlemen of the fenate. And you're Probably wonderkng why I got -- or hou got into the gambling business. Because. as you know, have not been 97  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1: 1995 very supportive of bingo, Lottery or riverboats. I don't happen to think it's a -- it's a very good habit. And wha: has happened Illinois since we go* into that business - and I'm talklnç about the Lottery, 1'm talkin: about riverboats ke have hurt some of the fraternal organlzations in this State who do a 1oE of good. And when I talk abou: those fraternal organizations, I'm talking about the KCs. I'm talking about the American Legion. I1m talking about the VFW. I'm talkin: about the Moose, the Elks, et ceterar who ln my judgment, my conmunity anyway, do a lot of good. Therefore they're there for the Vietnam memorials: for parades, for crippled childrenz for Mooseheart. I can go on and on and on and on and tell you what they do good in our community. But since we have authorized gambling in Illinois, their revenues are down. happen to have the second-larqest VFW in the State of Illinois, in Bensenville, in my district, is about ready to file bankruptcy. They came to me and said, ''We would like to have limited gambling in our existing facilitles.l' So havg introduced Senate Bill whlch authorize the State Lottery to issue video gambling up to five units existing facilities. The application <sicl (license) fee for manufacturers is ten thousand, distributors ten thousand: operators five: establlshmen: a hundred, terminals a hundred. Tweney percent net for two years. Twenty-five pereent to the State after that. allows them -- to wager up to two dollars per game and the payout ls limited to five hundred dollars. You have to be a nationally franchised frakernal organization. We think it'll probably be about tWo hundred clubs statewide. be happy Eo answer any questions, and happen to think, at this point: a good thing to do.

PRESIDING OPFICER: (SENATOR WATSON) Fureher diseussion? Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 98  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 You know, it appears always whenever you get up and speak on these type of bills you either have to be for gamblln: or agains: gamblingy and I don't think that's really the case, because at this point, the State of Illinois the third-largqst gaming state in the union. I think what Senator Philip ts attempting to do here is right. I think it's just. think it does give those organizations an oppcrtunity. If I could give one criticlsm , I just don't think it goes far enough. I think if we're going to give to those clubsr we ought to give it to all the taverns in the State, and liquor establishments and everything else: and let the competltion take care of it. But I1m very glad to stand up and say that I Ehink we ought to -- on this side of the aisle, ought to consider giving an Aye vote to those organizations tbat truly need it.

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

Mr. President and Ladies and Gentlemen of the Senate, Ehis bill is very carefully struetured. It really applies to the legitimate - and say legitimate-fraternal orsanizations, and also to the veterans. And lek me tell you, as a vgteran myself, I'm don't gamble, but 1'11 tell you right ncw r if they can pass the time at their -- at their veterans ' homes to do these tbings and tn thelr veterans buildlngs, uhat's Wrong with that? The stock market is the biggest gamble in the world, and I never heard anyone in thls house crlticize So I don't Ehlnk wedre doing so badly by trylng to help good organlzakions llke khe veterans' organizations who certainly proved themselves - the members - for yearg, and also goad fraternal orçantzations. speak ln favor of the bill and urse an Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Viverito. 99  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1: 1995 SENATOR VIVERITO : Thank youe Mr. President. I rise in favor of this bill, because ik's an extremely tmpcrtant one to my particular area as Well. In facty jus6 recently cur VPW Was just abçut ready to i '' i ! close and our Mayor of the City of Burbank made an appeal Eo the I ! people in our community if they would please send a little money ! 2 i over to them. They couldn't even make their mcrtgage payments. E So I thank Senator Philip 's -- Philip in -- for makin: this i ! particular bill possible. 1 I PRESTDTNG OPFICER: (SENATOR WATSON) Further discussion? Senator Lauzen. SENATOR LAUZEN : Just a question for the sponsor. PRESIDING OPFICER: (SENATOR WATSON) Sponsor says he Will yield, Senator Lauzen. SENATOR LAUZEN: Certainly a1l of us Want to support different veterans organizations, and I remember listening to the debate durinq the commiktee -- the Executive Committee, and it made good sense and I remember qoing home thinklnqz well. thls is a good one to support. I've been contacted by different orqanizations since thaE time who have Worried that it's possible that havtng this type of gambling available ln the veterans'organizations will put other bars and 1 l saloons and taverns out of business. Could you help us understand I 1 -- how would you respond to those concerns? i i PRESIDING OFFICER: (SENATOR WATSON) Senator Phllip. SENATOR PHILIP: ' Wel1# I -- I have been led to believe that we do have somp I vldeo gambling inbarsthroughouttheGtateofIllinois,andare 1 I 1 illegally paying off those machlnes. As you know, under the 1 ' presen: law, it is illegal to pay money for those vldeo gambling. I ! i ' : l00 1 .. ''  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1: 1995 It happens to go on. In my area in Dupage County to my knowledge, there are none of those machines, and they are not payin: off illegally.

PRESIDING OEEICER: (SENATOR WATSON) Further dlscussion?

But -- but I know, for instance, in the county that we dre we're today that tbere are machines in some of the local taverns, and they are paykng It's lllegal. They shouldn't do it. And -- uould say this, that other than -- than drinking and having a few employees, they don't do much good for community. Where I would suggest to your the American Legion, the the Moose, the Elks, do something good for eommunity -- they put a lot back in the conmunlty. This a -- a small way to help them keep afloatr and I think if I remember correctly, we have had like thirkeen or fourteen of those organizations fold up in the last year in Illinois.

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

Thank ycu, Mr. President, Ladies and Gentlemen of the Senate . Just to state that I certainly have the highest degree of respect for the sponsor of this legislation, but as he well knows, I bave consistently opposed expansion of legalized gamblin: statewide gambling in Illinois. And I think this legislation is bad legislaeion. think it sends Ehe Nrong message to the people in this State to for the sanctioning of another form of legalized gambltng ln Illinois. And I certainly would support the veteransf organizatlons in my district and throughout this State. I happen to be a VieEnam veteran nyself. I hold a life membership in the American Legion and a lice membership kn the VFW, and I've strongly supported the activltles of the service organlzations in l0l  STATE OF ILLINOIS 89TH GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Leqislative Day May 1995 my dlstrict, and we have many, many ways Khak we can raise moneg our veterans' organizations, and they do a lot of things to generate funds for the ongoing operaticn of the purpose of their clubs. But I thlnk it's a step in Ehe wrong direction to legalize this type of gambling in Illinois. Think may of you have received information from the Illinois Lottery - one of our own sanctioned forms of gambltnq - who strcngly oppose this lpgislation, and as they indicate in the information that they put out, video gaming is highly addictive. Probably the most of any of the forms of gamblinq that are now authorized in the State. It's considered to be the crack cocaine of the gambling industry. And do we Want this gambling legalized the State of Illinois? Do we wan: to take another step down the road to making Illinois a big gambling state? Do we want to open the door for other forms, or for other places? And you know, once this is dcne with the service organizations then the bowling alleys are going to want it. Then the taverns. Then the pool halls are going to want itr and there will be no way or no -- no basis on which we can deny legalized video gaming to other groups and organizations this state. So all due respect to the sponsor, I would stand tn -- in opposition to the leglslation and ask for Nc vote.

PRESIDING OFFICER: (SENATOR WATSON) Further dlscussion? Senator Shadid.

Xes. To the sponsor,

PRESIDING OFFICER: (SENATOR WATSON) Eponsor indicates hedll yield, Senator Snadld.

I don't know I heard you correctly, Mr. President, but and I respect you and respect your judgment, but did you say that :he *averns use these for gambling and pay off and Ehe clubs don't? I hope I heard you wrong. l02  STATE OF ILLINOIS B9TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995

PRESZDZNG OFFICER: (SENATOR WATSON) Senator Philip.

Thank you, Mr. President, Ladies an# Gentlemen of ehe Senate. I have been -- it all depgnds an what county youlrp in, but I have been 1ed to believe that there are taverns downstate where they do pay off. I 've also been led eo believe -- and have been in one that I saw them pay off.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? SENATOR PHILIP; And -- and I think also, in some VFWS, American Legions and some of those clubs, have been told that in some lnstances, whlch are pretty rarey that they're doing it to some extent already.

PRESIDING OFPICER: (SENATOR WATSON) Further discussion? Senakor Farley. Ohl I be9 your pardon. Senator Shadid.

As a forner 1aW enforcemenk officer of about forty years, can assure you that: wherever Ehese machines are, they 're paying offy and what Ifm trylng to say I I have a problem that the corner tavern in ny area gets involved in a of fund-raisers for people who are sick, who are injured and they do this constantly. And I think what we're doing here ls think we're penalizing the corner tavern kn this. We're not giving him a fair, and I don't think We're giving them a level playtng fleld.

PRESIDING OFEICER: (SENATOR WATSON) Further discussion? Senator Farley.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. I would rise in support of tbis bill. J think it's a reasonable 103  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 idea to present this bill and 1eb bbese VFW halls and 1et these other groups, which are a ltmited number, be able to provide a means of -- of funding some their -- their aetivities. I know in my area that these VPW halls have a declining enrollmentr and ibts tcugher and tougher fcr them to -- to have a Nherewithal to - - to raise funds to provide for some of the needed activities that they take part And I think it's reasonable that we allow them to -- to be able to have this capabllieg. don't see any overwhelming numbers of people going to a VFW hall. I think that, as was explained here: there are thcse taverns that pay off. Illegally or not, they do do that. don 't think it's going to draw those people away from those -- their favorite tavern ta go to some other location. And -- and -- and in regard to the -- to *he VFW halls and so forth, I think it's a good means for them to -- to provide some funds tbat they -- they -- they need, and would support the measure, Mr. President.

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

Yeah. Thank your Mr. President. Would the sponsor yield? PRESIDING OFFICER; (SENATOR WATSON) The sponsor indlca*es he w111 yield, Senator Jones.

Yes. Senator Philip the proceeds from the vldeo loktery, would they go into thê Educatian Assistance Fund?

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.

They would -- they would go tn the General Revenue Fund.

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip, would you please repeat your answer.

l04  STATE OF ILLINOIE 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 I'm sorry. They go into the General Revenue Fund.

PRESIDING OPFICER: (SENATOR WATSON) Senator Jones.

Well, know many of us here and I'm quite certain that most people are sympathetic to the various charitable organizattons, be it the American Leqlon, the VFW, the Moosey name them . However, this legislation is enactedr it's going to have a fiscal impact cn the current Lottery. And those Lottery dcllars a1l go to the Education Assistanee Fund . This Would be a drain on those dollars, and these dollars are going to go into the General Revenue Fund. Soy I mean, those of us on the Floor Who are concerned about educaelon, we are concerned about the shortfall edueational dollars throu:hout the State of Illinois, and while We -- We may be sympathe*ic, I don't think it's in the best interest at this point. If the bill Were to be amended to see that these dollars are direeted back ënto the Educational Assistance Fund, rather than pull dollars out of there and shift those dollars into General Revenue Fund. So while -- the spansor has good intentions, and I'm glad to see that he 's amenable to expanding gaming in Illinois, and I trust that in the very not ko distant future, wefll look forward to that same cooperation as wê move expand gaming to the County of Cookr and - - and give that county what the rest the ccunties have throughout the State of Illinois. But as stands, for this bill, Senator, youdre going to pull money from the schoolchlldren of Illinoisr and shift them lnto the General Revenue Punds/ and I wish you would amend the btll to requlre a1l the dollars go lnto the Edueatkonal Assistance Fund.

PRESIDING OPFICER: (SENATOR WATSON) Further discusskon? SenaEor Welch.

105  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day MaY 1995 had a question of the sponsor.

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

senator Philip, the Lottery filed a fiseal note saying Lhat the Lottery would lose l.4 milllcn dollars because of your bill. What is your estimate as to how much money the bill would raise for general revenue funds, and do you have an estimate as to the Lottery loss?

PRESIDING OFFICER: (SENATOR WATSON) Senator Fhilip.

Yeah. Very honestly, it's absolutely unknown. We don't have any idea. Wefre not sure how many people do And very honestly and we -- we don't agree with the Lottery's estimate either. We think that is way, way out of line.

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

Yes. Your wbat percentaqe of the amount gambled would go Eo the General Revenue Fund, and hoW dîd you arrive at that percentage?

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.

Twenty percent the first two years, and then twenty-sive percent from there cn. And -- and let me say this, Ehcse termlnals are -- go right into the -- the Deparkment of Revenue. So there'd be no way of cheating on -- on how much theydre betttng. Those will be connected right to the Department Revenuer and automatlcally Will go in there.

PRESIDING OFFICER: (SENATOR WATSON) lG6  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 Senator Welch.

Senator, would you be Willing to put an amendment on the bill to have the money go ko the Education Fund, lnstead of the General Revenue Fund?

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.

Yeah. And of course, the simple thing to do is just to appropriate more money to education. Now, you know that and I know that. meany it's the same old story - smoke and mirrors. And we have increased, quite frankly, the Educaticn Fund every year for abcut twenty years. The sehool formula is the problem. You know that and I know that.

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

Senator, that's exactly the potnt. I agree with you one hundred percent, except I think that the only way youlre going to make sure the money gets to education is by having it directly going there. Have it, you know, a dedicated tax revenue for the Education Fund. think that's the only way to make sure it'll get there, because we rely on General Revenue Funds it's going to be eaten up by Medicare or Medicaid: or it's gclng tc be eaten up by some other department. That always happens.

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

Thank you, Mr. President. To the bill, Ladies and Gentlemen of the Senate: It has been my experience and and I think there are studies on tt, one of the most addictive forms of gambling that we have are video poker games. A 1ot of people in taverns l07  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 that lose their checks, come the following day they come home, they don't have the bills <sic> to pay it. What I wculd suggest, because as crazy as this sounds, I'm golng to vote Yes on this bill, but what I would ask the sponsor if he would consider - he doesn't even have to answer this now - what I want to make sure happens is Ehak when we glve these llcenses out, and if iE does pass the House and the Governor has the Wisdom to sign it, and it does pass, that sometime when it gets to the House we could put on an amendment that any fraternal organization - letfs take the corner VFW or American Legion Post - that they be precluded from going out inside their premises when they have these machines, to go out and make a deal with an ATM or one of these cash card things. Tell you what these cash cards are. When you qo and you put your credit card through, and if you want three hundred dcllars, not only do you have to pay the interest on your credit card, they also charge you a ten- or fifteen-percent fee to qet the three hundred dollars. And What's going to be happening in these VFWS where there's drinking allowed: going to have these guys playing thls video pokery they fre going to get carried away, 'cause they 're half bombed from drinkinçy they're going to go to their credit cards. They're going to keep getting more money and putting it in these machines. So I don't mind if someone does get their check or walks out wlth a hundred or two hundred dollars, and winds up doing it, if we could at least ban those -- those crazy cash card machines from going into these VFWS. Thank you.

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

Question of the sponsor, please. PRESIDING OFFICER: (SENATOR WATSON) ! Sponsor indicates he will yield, Senator Collins. 1 .

108 ' . ., .  STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 Senator Philipr is there anything in thls bill, as it ls drafted now, that would prohiblt a veterans' organization from -- a VFW hall from leasing or renting that hall to any other group Who Wished to hqve a fund-raiser at that facilities where you have the -- the vldeo poker machines?

PRESIDING OFFICER: (SENATOR WATSON) Senator Philip .

They will be llcensed to have ehose machines only for their own operationy their own facilities.

PRESIDING OFFICER: (SENATOR WATSON) Further discusston? Seeing none -- Senator Collins.

So tha: ts stipulated in the bill, and -- and you are sure that that the language is -- is clear to ensure that they cannot lease out or rent out, because sometime now you know that they do rent out those halls. They do make money by renting out thekr halls for other kind charitable and community events and even political events. So now what would prohtbit me from - on the west stde of Chicago there 's a VFW hall from renting or leasing that hall in order to have a political fund-raiser, and I would like to -- to make very sure that it's very clear that you're allowin: that so if -- tf so, you 're -- you knowy you might as well just open up to everybody, because then everyone can go on and have fund-raisers at those halls.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeins noney Senator Philip, to clcse. SENATOR PHILIPJ Yêah. Thank youw Mr. President: Ladies and Gentlemen of the Senate. I would sugqest this to youe that that Ehese fraternal organizatlons are the good guys that help their local communitles. And most of them are in financial -- have a financial problem.  STATE 0F ILLfNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislatlve Day May 1, 1995 would hope that the Lottery board, With their authority, would make sure that they only us it in their own facility . And as you know, you have be a member. doesn't affect the local tavern across the street, he has one illegally. You have tc be a member to go to the KCs or tbe American Leglon, or a VFW . So tf those people With taverns are doin: it illegally, it wouldn't have any effect on them whatsoever. So I happen Eo khink it's a sood tdea, and like to see a 1ot of green votes up there. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bi11 397 pass. A11 those ln favor: vote Aye. Opposed, vote No. The voting ls open. Have all voted who wish? Have voted who Wish? Have a1l voted Who wish? Rave a1l voted who wish? Take the record. On that question, there are 27 voting Yes: 20 voEing No, 10 voting Present. Senate Bill 397: having not received the required constitutlonal majority, is declared failed. Senator Philip.

Postponed Consideration, please.

PRESIDING OFFICER: (SENATOR WATSON) Postponed Constderation. senator DeAngelis, on Senate Bill 401. Madam Secretary, please read the bill.

Senate Bill 401. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. GENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 40l does several things. The first thin: that it does is exemptE alternate bonds from the tax caps. Now, for those of ycu who nay nct be ll0  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 famillar, alternate bonds are bonds that are funded by scurces like sales tax and so foreh. What happens quite frequen*ly, the bond companies will require that that bond have included also sope type of GO backing. Though it's only backing in terms of guarantee, it's not a backing that requires the issuing of property taxes. Alternate bonds, in reality' are a way of lowerin: property taxes, but because of the fact thak there may be a guarantee involved, they are subject to the caps. And item number two - and there's some amendments that have come from other Members, and if they want to jump in when I'n done: it's fine exempts the School Finance Authority's monies from the transfer -- the transfer monies from the caps. And frankly , from a leglslative intent, we have always supported : in eHe pastr that dtfferential between what we, fact, forced them to levy back when the Authority first was created and the actual amount that to be levied , in terms of taking care of the deb: service. It deletes the prior year for Cook County. know that we have debated this rather vigorously. know that there are people who may not like this, but the fact o: the matter is that Cook County is unjustly punished. Item number four exempts lkfe safety bonds. Item number five: There are areas b0th in the collars and Cook where enrollment growth occurs but no growth terms of property . seniors move out; young people move This allows a -- factor - that doesn't mean they're neeessarily gcing to get it - that is done by taking the actual pupil increases times the average pupil cost and add -- add that to the agvregake base. Apologize to the Body for thls cough. And the last thing that does allows the growth rate for the South Quadrant Lf Cook County for ane year only to be 7.5 rather than five. Reason there being is that the last EAV assessment the last assessment in Cook County that took place, 1993, because of the prior year EAV, was no* permitked in the aggregate extension for the tax eaps. Thls would give it a lll  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 little more fairness in terms of their abillty to perhaps catch up wlth that assessment. Theylre really, basicallyr Working off a ninety -- 1990 assessment. 1'11 be happy to answer any questionsr and if any of the other sponsors of some of the amendments can answer them, that's fine.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Aerman.

Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. compliment Senator DeAngelis far being receptive to amendments to thisz and what We have here is a bill that makes some fine-tuning to the tax cap bill that we passed earlier this year. Tax caps is an important principle that many of us supported when came to Ehe Floor regarding Cook County, but we Were caught between the arguments and the needs of public bodies, where there'd be libraries and. in particular, schoolsy versus the the perceptlon - the true perception - of taxpayers regardin: the overreliance on the property taxes. What Wedre dotng here by Senaee Pill 401 is making a eew adjustments to the taS cap. is - - does not undercut khe tax caps. It does not repeal the tax caps. It does some flne-tuning to the tax caps, and does in a very selective way that Senator DeAngelis already polnted out. And those selective ways are thtngs that think every one of aur property taxpayers can recognize. Welre talkin: about life safety exemption. If there 's a need school to address the -- the safety needs of those children, they ought ta be addressed. That's whak Eenatg Bill 40l does. The prior year EAV - the -- the artificial one-year delay that we lmposed in Cook County When we passed the tax caps in Ehe collar counties - that should not continue when WQ're putting a tax cap on Cook County, and this blll abolishes Ehe prior year EAV . And as Senator DeAngelks spelled out, for the Soutb Triad the South Triangle of Cook l12  ETATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 County this would give them a double hit, if we didn't adjust on a negotiated basis, and that's what this bill does: The nesotiated part of a rather than a five-percent increase for that South Triad. And the other factor is increased enrollment. In many of the collar counties when we passed tax caps, there was vacant property. So when there Was going to be an increased enrollment, that increased enrollment had new construction that brought more money into khe sehools. In Cookr you bave very little new construction. You have a -- a turnover a gentriftcation - of our homes. I've got that -- the suburban areas that I representr where clder families sell their homes to younger famllies that have children. There fs no neW construction. This wilk allow those aommunlties that are going to be htt with increased enrollments, and that's many of the suburban areas that we all represent, to address Ehose increased enrcllments by flne-tuning the tax caps. Thls ls a bill that the Dupage Mayors and Managers endorse. SCOPE, ED-RED: the Manaçement Alliance of Schools, LUDA: IEA, Leaque of Women Voters, the Municipal League# the Library Association - al1 of them endorse this bill. It's good for the taxpayers. It's good for our -- our public bodies. I strongly urge a Yes vote.

PRESIDING OFFICER: (SENATOR WATSON) Further consideration? Senator Palmer.

Thank you, Mr. President. too want to rise in supplrt of this bill and to thank Senator Dehnqelis for allowing us to put these amendments on the bill. draw your attenbion to one in particular. There's been a great deal of discussion about *he fate of the School Finance Authority that was created by the Leglslature in 1982 or so. One of the consequences of tax caps which we didn't pay any attention to at the time they were imposed is what would happen to the monies that were allotted to the ll3  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i I 40th segzszatzve oay May 1, 1995 i school Finance Authority to issue bonds on behalf of the Chicago public scbools. We gave them fifty cents per one hundred dollars of EAV. Well, in the -- the subsgquent yearsy khe Scbool Finance Authority has had to use less and less of that ftfty cents, to the point tbat the -- that authority will most likely be able to be returned to the Board by the year 2009. But tf we do not pass this amendment, that authority will not be returned to the Board, and it is extremely inportant that the Chicago public schools have all of the capaclty that they need in order to function. So I would strongly urge that we vote in favar of this bill, with some very fine amendments attached to it. PRESIDING OFFICER: (SENATOR WATSON) Purther discussion? Senator Hlemm. SENATOR KLEMM; Thank -- thank you, Mr. President. It's kind af interestingz the previous two speakersr when we tried to go to -- in another amendment thaE Would address some of the ccncerns of the collar counties, they sakd, ''Shame on you. No: no# no. You have ko live with it. Tbat's *oo bad.'' And yet, then I sit here and see and listen to the comments that, ''Wellr wait awhile. This is Qoln: to affect uss and it isn't right: and therefore, help us resolve what we think is perceived to be problems.ff You know, sometimes I thlnk we have to work together to solve the problems and maybe make legislation that, perhaps, had some oversights in it when it was originally crafted, to at least make it right for al1 of us, not tryin: to do one section of our State in, while trying to get advantage for the other. And I think that's a shame and that's a problêmr and I think a number of the eommittee Members who heard thls debate were as appalled as I Was to find cut that it becomes more selfish interests, than trying Eo sokve the problems. And I think thoush the -- and I -- I Want to thank Senator DeAngelis for allowing us to at least try to put our amendment on. I thank him l14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 for that. And however, khink uithout those provisions, I don't think any of the collar county leçislators should be supporting tbis amendment uithout chansin: oEher areas that needed to be addressed.

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

Thank you, Mr. presldent. Senator DeAngelLs, reading the analysis, it's my understanding that the contents of Senate Bi11 401 adds a School Finance Authority exemptlon from the property tax cap; deletes prior year EAV for Cook County; exempts a1l life safety bonds; adds an enrollment factor for school districts in Cook County and collar county counties; increases the growth factor for the 1994 levy from ftve to percent for one of *he triads in Cook County. It's my undersèanding that this, in nact -- if this passes, ehis will dilute the effect of uhat we did in the tax eap leglslaticn: which was put that five percent or the CPI. that correct?

PRESIDING OFFICER: (SENATOR WATSON) Senator DêAngelis. SENATOR DeANGELIS: Senator Dudycz: first of 811, the prior year EAV - eliminating that not affeet the cap . It Will not affegt the cap. What might affect is the ability for when you 're working wlth referenda or so forkhr Eo Joklect ycur money a little earlier. The five to seven and a half percent will only increase in those dkstricEs whose EAV exceeded Khak amount - EAV growth exceeded that amcunt.

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

How about the -- the part in Commi*tee Amendment No. 2 Which  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Leglslative Day May 1y 1995 adds the School Finance Authority exemption?

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAnqelis. SENATOR DeANGELIS: Well, Senator Dudycz, you know, as a resident of the City of Chicago, that we, when we dtd the School Finance Authority bond bill: allowed them to levy fifty cents. We still do. Now, the -- the -- however, each year less of that fifty cents is needed turn around and fund the debt service. We permitted by 1au some years back and: Senator Berman, correct me if I'm urong the city to collect that money. A1l we're saying right now, since that is an amount of mcney outside of a different authority, thaE that not be included in the -- in the -- the aggregate extension.

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

I think -- I think your answer correct. -- the voters the advisory referendum in Cook County stated that they overwhelmingly, by eighty-ftve percent: wanted us to to restrict the abilities of local çovernments to raising the property taxes to five percent or the CPI, Whichever is less. That Was cleary and we did it with prior legislation. The Way read it, Senator DeAngelisr Senate Bill 40l Wi1l dilute the effects of the tax caps, and for that reason, -- I think we ought to ktll this bill. PRESIDING OFFICER) (SENATOR WATSON) Further discusslon? Senator Parker.

Thank your Mr. Chairman: Ladies and Gentlemen of the Senate. I just wanted to mention a couple of concerns I have about this bill. think a kot of lt ls premature. We just passed the tax eap, and what Ne did that was qive the authority and the  STATE OP ILLINOI6 89TH GENERAL ASSEMBLT REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 accountability back to the people, and that's what they Wanted. And youlre right that life safety bonds are important, but certainly the people in the area can vote on a referendum to authorlze those life safety bonds up front, and that's what *he people voted in the on the ballot that they really Would like to have the option Ko do . The second one is the enrollment issue. had a bill in actually to address the enrollment issuez which I think is important, because there are a lot of other areas that just have the generational turnover. However, what this bill is missing is it's missing a decrease if there is a decrease in enrollment. only gives you the inerease if there's an increasee but there's no decrease there's a decrease enrollment. And I think that part of it is fair. If this passes cut of the Senate, I would hope that you would address that in the House. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Fawell. Senator Fawell, your ligbt's on.

Thank you very much. When this bill originally appeared in committee, I thought it was a good bill. We were talklng about alternate bonds for munictpalities: and that's really jusE a back-up bond in case the revenue stream fails -- some instances, and to my knowledger I don't believe it ever has. Then we starEed adding things. We put a technical amendment on: Whlch was fine. Then we added Ehe School Finance Authority exemption, which Chicago wanted, which was okay. Then we defeted the prior year for Cook County, exempted the safeEy -- life gafety bonds, adds the enrollment faetorr increases the qrowth faetor for South Cook County. And yet, when we started talking about the double -- what we call *he double whammy - that is When the assessed valuation goes up and the collar counties could not Eake advantage  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day KaY 1995 of it all of a sudden, even though every other amendment went on, this was noe acceptable. It Was okay to solve everybody else's problems, but it certainly wasn't okay t? solve the collar county problems, because the collar countiese according to certain individuals, have all the money in the world. We have a Well someplace that haven 't quite discoverede along wlEh a pola pony and a few other thlngs. And a1l we have to do is dip into this well and throw the money out, and there's no problems. Well, when you start worrying about just your problems and no* the rest of the Statess: Ehen I guess a 1ot of us are going to take the same type of -- we're going to take instructions from you. I would strongly suggest anybody that lives in either the collar counties or the suburbs vote No.

PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Seeing none, Senator DeAngelisy to close. SENATOR DeANGELIS: Thank your Mr. President. This bill didr as Senator Fawell said, permit some amendments. Some of them failed . Senator Parker, on the decreased enrollmentr I think youlll find that the formula handles thaty rather severely. don't think ycu need to have an enrollment factor put into a b1l1 whon there's a decrease, because the formula -- and you dve had school distriets that have had deereasing enrollment, you know what I mean. As far as the South Quadrant, let me mention, the South Quadrant currently, beeause of the prior year EAV and the capsr is working off of a 1990 assessment. 1990 assessment. That's five years aîo . And therefore, Nhat welre asking for is the opportunity, and only in those areas in which created the problem, to be able to use seven and a half. Ask your favorable roll call. PRESIDING OPFICER) (SENATOR WATSON) On that question, the question ls, shall Senate Bill 40l pass. A11 those ln favor, vote Aye. Opposed, vote No. The voting is ll8  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day MaY 1995 open. Have a11 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that questicnw there are 44 vcting Yesr 13 voting No, l voting Present. Senate Bill 401, having received the required constitutional majority, is declared passed. Senator Dudycz. Senator Dudycz, on senate Bill 415. Out of the record. Senator Burzynski, on Senate Bill 429. Senator Burzynski seeks leave of the Body to return Senate Bill 429 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Readin: is Senate Bill 429. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 1: offered by Senator Burzynski.

PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is an agreed-to amendment by al1 the parties - the Department of Public Health, the Illinois Manufactured Homes Association and the Illinois Housing Institute - dealing with lnstallation of mobile homes.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, a11 those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Are there any further Floor amendments approved for consideraEion?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading . Mr. Secretary, have there been any motions filed?

SIATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 Yesy Mr. Presldent. Senator Molaro has filed a motion 11th respect to Senate Bill 100, and Senator Burzynski has filed a motion with respect to Senate Bll1 1123. PRESIDING OFFICER) (SENATOR WATSON) Mr. Secretary, the Chair requests that these motions printed on the Calendar. That is so ordered. Just for khe Membership's infornation: there Will be a Supplemental Calendar being plaeed on your desk shortly considering those motions that have been filed. Whtle we are waiting for the Supplemental Calendar, would like to make an announcement. First of all, there will be softball practice îf at al1 possible tonighb at 6:30 at the field on South Second Street. If you need a maP to to go the field, have them at my desk. That'll be at 6:30. While uelre on the business of the softball gamer I just want to remind everycne that it will be tomorrow eventng. I know that there are tiekets available. They're goinç fast. 9ut Senator Cullerton and myself have tickets, and welre asking each Member to ccntribute ten dollarsy and that contribution goes to a charity here in Springfield. Soe we've done well *he past on this, and of course, :he Membership has -- has helped finance this, and we appreciate it. Tomorrow night's the softball game. We 'd like to make sure everybody's there. Senator Cullerton, for what purpose do you rise?

ïes. Thank you, Mr. President. Senator Watson: some of the Members on this side of the aisle we're asking just exactly Wha: is that charity. They -- Ehey wanted to make sure it's noE *he -- the money's not going to any, you know, Republican organizations or anything like that. I -- I told them that didn't think so, buE you know there are some doubters, and we've still got tWo people that are trying to raise the money, to come up with it. And I promtse 1'11 have it for you by tomorrow. If I can't get it l20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 from themr 1'11 -- 1'11 come up with it. Senator DeLeo Will have to pitch in and welll ge* (E for you.

PRESIDING OFFICER: (SENATOR WATSON) The Supplemental Calendars have been dlstributed. On Supplemental Calendar No. l is the Order of Motions in Writing to Recensider the Vote. Read the motion, Mr. Secretary. SECRETARY HARRY) Havln: voted on the prevailing side: move to reccnsider the vote by which Senate Bill 100 failed. Filed by Senator Molaro, May lstr 1995.

PRESIDING OFFICER: (SENATOR WATSON) Senator Molaro/ on that motion. Senator Molaro on the Floor? Senator Jones, for wbat purpose do you rise? Do you Want to sponsor the motlon, Senator? Senator Molaro is not on the Floor; therefcree we withdraw Ehe motion, Senator. Any other motions, Mr. Secretary?

Having voted on the prevaëling side, I move to reconslder Ehe vote by which Senate Bill 1123 falled. Filed by Senator Burzynski, May 1st, 1995. PRESIDING OFFICER; (SENATOR WATSON) Senator Burzynski, on that motion. SENATOR BURZYNSKI) Thank you. I'd just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) Having voted on Ehe prevailing side: Senator Burzynski moves to reconsider the vote by which Senate Bill 1123 failed. Those in favor, say Aye. Opposed, No. Senator Cullertonr for what purpose do you rise?

If we could just have him explain which bill it ls thak We are voting on, I'd appreciate 1t. There's been no explanation as to 12l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1995 what this bill is.

PRESIDING OFFIQER: (SENATOR WATSON) Senator Burzynski.

Thank ycu. This is a motion to reconsider, and think that btll recelved considerable amount of debate on the Senake Floor, and so I'm just moving to reconslder that mction.

PRESIDING OFFICER: (SENATOR WATSON) All those in favor of the motion, signify by saying Aye. Opposedr Nay. The Ayes have it. And the motion is adopted. A roll call has been requested. those favor, vote Aye. Oppcsed, voke Nay . And the votin: is open. Have all voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. There are 34 votin: Aye, 22 voting No, 0 voting Present. The motion carries. And the question now before the Senate... On 3rd Reading now is Senate 1123. Senator DeAngelis. And the bill has been read a 3rd ttme. Senator DeAngelis. SENATOR DeANCELIS ) Yeah . Thank you: Mr. Presldent. This is the bill that -- shell bill that has in it the Regional Airport Authority and -- which has not been created yet. Urge your favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1123 pass. Those in favor will vote Aye. Opposed, vote No. The votkng is open. Have alk voted Who Wish? Have a1l vated Who wish? Have a11 voked who wish? Take the record . On Eha: question, there are 31 votin; Yes, 27 voting Nor l voting Present. Senate Bill 1123, havtng recelved the required constitutional majority, is declared passed. House Bills lst Reading.

House Bill 2331, offered by Senakor Madigan. 122  STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislativg Day May 1, 1995 tsecretary reads title of bill) House Bill 375, by Senator DeAngelis. (Secretary reads title of bill) House Btkl 532, Senator Smith. (Secretary reads title cf bill) House Bill 573, by Senator Cronin. (Secretary reads title of bill) House Bill 940, by Senator Woodyard. (Secretary reads title of bill) House Bi11 942, Senator Woodyard. (Secretary reads title of bill) House Bill 989, by Senators Weaver and O 'Daniel. (Secretary reads title of bill) House Bill 1045, by Senator Madigan. (Secretary reads title of bill) House Bill 1124, by Senators Cronin and Jacobs. (Secretary reads title of btll) House Bill 1197, by Senators DeAngelis and Berman. (Secretary reads title of bill) House Bill 1202, by Senator Woodyard. (Secretary reads title of bill) House B1l1 1322, by Senator Dillard. (Secretary reads title of bill) House Bill 1461: by Senator Mahar. (Secretary reads tltle of bill) House Bill 1462: Senator Parker. (Secretary reads title of bill) House Bill 1787, by Senatnr Walsh. (Secretary reads title of bil1) Hause Bill 18504 by Senator Petka. (Secretary reads title of bill) House Bill 1893, by S/nator Lauzen. l23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 40th Legislative Day May 1, 1995 (Secretary reads title of bill) House Bill 1900. (Secretary reads title of bill) House Bi11 2177, Senator Madigan. (Secretary reads title of bill) House Bill 2205, by Senators Barkhausen and Cullerton. (Secretary reads title of bill) House Bill 2337, by Senator Burzynskt. (Secretary reads title of bill) House Bill 2338, by Senator Cronin. (Seeretary reads tltle of bt1l) And House Bill 2345, by Spnator Butler. (Secretary reads title of bill) 1st Reading of Lhe bills.

PRESIDING OFFICER: (SENATOR WATSON) Is there any further business to come before the Senate? If not, Senator O'Malley moves Ehat the Sendte stands adjourned until 10:30 a.m., Tuesday, May 2nd. 10:30 aqm . ! REPORT: TIFLDâY STZTE OF ILLINOIS 96/09/11 PAGE: 001 89TH GENERAL ASSEHBLY 16:18:J6 SENATE DAILY TRZNSCRIPTION OF DEBâTE INDEX Mâï 01, 1995 HB-0003 FIRST READING HB-0025 FIRST READIKG HB-00R0 FIRST REZDING H8-0226 FIRST REZDING HB-0301 FIR8T REZDIVG HB-031R FIRST READINC HB-0318 FIRST REZDING HB-0;23 FIHST REZDING H8-0375 FIRST READING H8-0532 FIRST REZDING H8-0573 FIRST RERDING HB-0630 FIRST READING HB-07k1 FIRST READIMG H8-0865 FIRST REZDING H8-0868 FIRST READING HB-09kO FIRST REZDING HB-09R2 FIRST REZDING HB-0989 FIRST REâDING HB-0991 FIRST REZDING H8-1023 FIRST REZDING HB-10R5 FIRST REZDING HB-112V FIRST READING HB-1131 FIRST READIMG HB-1197 FIRST READING H8-1202 FIRST READIHG HB-1209 FIRST READING HB-1221 FIRST READING H8-1237 FIRST READING HB-1322 FIRST REZDING HB-1k61 FIRST REZDING HB-1M62 FIRST REâDING H8-1486 FIRST REâDIKG HB-1R89 FIRST REZDING HB-165% FIRST REABING' H8-1662 FIRST READING H8-1755 FIRST READING H8-1787 FIRST READIKG HB-1850 FIRST READING H8-1893 FIRST READING HB-1900 FIRST READIMG HB-21k2 FIRST READING H8-2177 FIRST REZDING H8-2205 FIRST RERDING H8-2317 FIRST READING H8-2331 FIRST READING H8-2337 FIRST READING H8-2338 FIRET READING H8-2339 FIRST READING HB-23V5 FIRST REZDING H8-2370 FIRST READING H8-2439 FIRST REZDING SB-0011 THIRD READING SB-0016 SECOND READING SB-0021 RECALLED 58-0032 SECOND READING 5B-005T THIRD REZDING SB-0100 THIRD READING SB-0100 MOTION FILED 3B-0114 SECOND REZDING 58-0133 RECZLLED SB-013) RECALLED 88-0135 RECALLED sB-01#1 RECZLLED SB-01V3 RECALLED ' t. ; REPORT: TIFLDAY STàTE OF ILLINOIS 96/09/11 PAGE: O02 89TH GENERAL ASSEHBLY 16:18:36 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX HâY 01, 1995 THIRD READING PAGE THIRD READIMG PAGE RECALLED PàGE RECALLED PAGE RECâLLED PZGE RECALLED PAGE RECALLED PAGE RECALLED PIGE RECALLED PAGE THIRD READING PAGE THIRD READING PAGE RECâLLED PAGE SECOND READING PàGE SECOMD READING PAGE SECQND READING PAGE SECOND READING PZGE SECOND READING PêGE SECOND READING PAGE OTHER PAGE SECQND READING PAGE SECOND READING RAGR RECALLED PAGE SECQND READING PAGE SECOND READING P4GE THIRD READING PAGE THTRD HEADING PAGE THIRD READING PAGE RECALLED PAGE SECOND RZADING PâGE 10 SECQND READING PAGE 10 SECOVD READING PAGE 10 THIRD READING PAGE 21 RECALLED PAGE 36 RECàLLED PAGE :2 OUT OF RECORD PAGE 39 THIRD REâDISG PZGE 39 RECALLED PâGE 41 RECALLED PAGE ql THIRD READIMG PAGE :3 THIRD READING PAGE 4k THIRD RE&DIMG PAGE :5 THIRD READING PAGE 47 MOT1OV PAG8 121 HOTION FILED PAGE 120 THIRD READING PAGE 59 SB-1129 RECALLED PAGE 60 sB-1133 SECOND READING PAGE 11 :8-1139 THIRD READING P. 2 'GE2 62 SB-1191 SECOND READING PAGE 11 SB-119j THIAD READING 62 s8-1206 RECALLED PâGE 63 SB-1208 SECOND READING '7. + 5(= 7l 0u. N' 11 SUBJECT MATTER SENZTE TO'ORDER-PRESIDEMT PHILIP P&GE 1 PRAYER-THE REVEPEND JOSPPH H. EBY PAGE 1 PLEDGE OF âLLEGIANCE PAGE 1 JOURNALS-POSTPOVED PAGE 1 MESSAGES FROH THE BOUSE PZGE 1 COMHITTEE REPORTS PAGE 6% ZDJOURNHENT PAGE 12M