Illinois Senate Floor Debate — May 2, 1995

Senator Severns, for whak purpose do you rise?

Thank you, Mr. President. I rise on a polnt oê personal privilege. PRESIDENT PHILIP) State your point.

It's my honor today to have joinlng us in the President's Gallery students from Argenta-oreana, and I would hope the Senate would join ln welcoming them here today.

Will they please rise and be Welcomed by the Illinois Senate. Resolutions.

Senate Resolution 58, offered by Senator Hendon and a11 Members. It's a death resolution, Mr. President.

Consen: Calendar.

Senate Resolution 59y offered by Senators Hasara and Woodyard. substantive.

House Bills lst Reading.

House Bill 160, offered by Senator Clayborne. (Secretary reads title of bl11) House Bill 258, by Senators Dillard and Weaver.  ; I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION k SENATE TRANSCRIPT I I l : 41st Legislative Day May 2, 1995 I I ' : (secretary reads titze of bizz) l I House Bill 315, by Senator Clayborne. (Secretary reads title of bill) House Bi1l 648, by Senator Clayborne. (Secretary reads tltle af blll) House Bill 1465, Senator Mahar. (Secretary reads title of bill) House Bill 2106, by Senator Madigan. (Secretary reads title of bill) House Bill 2108: offered by Senator Madigan. (Secretary reads title of bill) And House Bill 2419, presented by Senator Parker. (Secretary reads title of bll1) lst Reading cf the bills. PRESIDENT PHILIP: . .. tmlerophone cutoffl...have a request from WAND to videotape today. Is leave granted? Leave ts granted. On -- on page 2 today -- of today 's Calendarr on *he Order of Senate Bills 2nd Reading. Would hope fhat the Senators would move their bill. The top of page 2. 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 DeLeo. Take it out of the record. Senate Bi11 247. Senator Dudyez. Senate Bill 247. Senator Dudycz. Take it out of the record. Senate Bi11 287. Senator Hasara. Senate Bill 287. Senator Hasara. Take it out of the record. Senate Bill 295. Senator Walsb. SenaEe Bill 295. Senator Walsh. Take it out of the record. Senate Bill 336. Senator Sieben. Read the bill. SECRETARY HARRV: Senate Bil1 336. (Secret:ary reads title of bill) 2nd Reading of the bill. No committee amendments. 3 ' . <. . . ..-... .  ! ; 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION l SENATE TRANSCRIPT l ! I 41st Legislative Day May 2, 1995 I I PRESIDENT PHILIP: Have there been any Floor amendments that have been approved for consideratëon? SECRETARV HARRY: M endment No . 1 , offered by Senator Sieben . PRESIDENT PIIILIP J Senator Sieben. SENATOR SIEBEN : Thank you : Mr. President and Ladies and Gentlemen of the Senate. Ploor M tendment No. 1 actually beeomes the bill. 236 was a shell bi11 initially. And Floor Amendment No. 1 actually creates a new Act. This is the lmplementation of the Governor's reorganization plan to combine Department of Natural -- or lnto Department of Natural Resources, the Department of Conservation , with Department of Natural -- of Enersy and Natural Resource, Department of Mines and Mlnerals, and Abandoned Mines <sic'> Reclamation Couneil, and the Divis ion of Nater Resources from the Dêparkment of Transporkation. And I would move for the adoptlon of Eloor M endment No . 1. PRESIDENT PHILIP : Is there any further discussion? If nct, Senator Sieben moves the adaptton of No. -- Amendment No . 1 to Senate B1ll 336. All those in favor# silnify by saying Aye . Those opposed , Nay . The Ayes have it. The amendment is adopted. Are there any further amendments? SECRETARY HARRY : Amendment No. 2, offered by Senator sieben and Palmer. PRESIDENT PHILIP t Senator sieben . SENATOR SIEBEN t Thank you , Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 2 would make a slight modlfication in I 4 <. ' - -. -.- ..- ' o . ''  E I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ! REGULAR SESSION 6ENATE TRANSCRIPT 2 ; : 41st Legislative Day May 2, 1995 : i the Governor's reorganization plan, and -- based on two weeks of : ! committee hearings and discusslon. The only concern khat people 2 ' had was Where we were going to put *he -- the Office of Recycling and Waste Reduction. And in the original plan, the -- it would have been placed with EPA, and after considerable discussicn and information received at our committee, the aqreement was khat it would better f1t at the Department of Commerce and Community Affairs. So , Floor Amendment No. 2 simply modicies the reorganization plan to put this offtce with the Department of Commerce and Community Affairs. And I would move... PRESIDENT PHILIP: Any further discusslon? If nct, Senator Sigben moves the adoption of Amendment No. 2 to Senate Bl11 336. Al1 those in favorz signify by sayin: Aye. Those opposed, Nay. The Ayes have it. The amendment is adopted. Any further amendments? SECRETARY HARRY: No further amendments reported, Mr. President. PRESIDENT PHILIP: 3rd Reading. Now we will go back to Senate Bill 230. Senator DeLeo. Read the bill. SECRETARY HARRY: Senate Bill 230. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurance, Pensions and Licensed Aettvitles adopted Amendment No. 1. l pREszoExTpuzczp: l Have there been any Floor amendments that have been approved?

I SECRETARY SARRY: l No further amendments reportedr Mr. President. l I passzoExv euzszp, I ( 3rd Reading. Senate Pi11 337. Senator Sieben. Take it out l 1 I of the record. Senate Bill 340. Senator O'Malley. Senate Bill ! ! ! 5 : ( > r. . . . ' STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 41st Legislative Day May 2, 1995 340. Senator O'Ma11ey. Read the bill. SECRETARY HARRY: Senate Bill 340. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments. PRESIDENT PHILIP: 3rd Reading. Senate Bill 403. Senator Shaw . Senate Bill 403. Read the bill. SECRETAR? HARRY: Senate Bill 403. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Educaticn adopted Amendment No. 1. PRESIDENT PHILIP: Take it out of the record. Senate Bill 438. Senator ' Cullerton. Take it out of the record . Senate Bill 439. Senator Cullerton. Read the bill. SECRETARY HARRY: Senate Bill 439. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1. PRESIDENT PHILIP: Have there been any other Floor amendments that have been approved for consideraticn? SECRETARY HARRY: No further amendments reportedr Mr. President. PRESIDENT PHILIP: 3rd Reading. Senate Bill 656. Senator Maitland. Take it out of the record. Senate Bill 664. Senator Tom Dunn. Take it out of the record. Senate Bill 711. Senator Dillard. Senate Bill 711. Senator Dillard. Take it out of the record. Senate Bill ! i ; 6 ' y .-.- .. :r ...... ---.-. .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 725. Senator Lauzen. Senate Bill 725. Senator Lauzen. Take it I out of the record. Senate Bill 742. Senator Raica. Senate Bi1l I I 742. I Senator Raica. Take it out of the record. Senate Bill 798. j Senaçor Lauzen. Senate Bill 798. Senator Lauzen. Take it out of i I - t T he record. Top of page a. senatenill945. senatorpetka. 1 I ake it ouE of the record. Senate Bill 1058. Senator Mahar. Take it out of the record. Senate Bill 1183. Senator Cullecton. l1B3. Take it out of *he record . Senate Bill 1195. Sgnator Garcia. Read the bill.

Senate aill 1195. (Secretary reads tltle of bill) 2nd Reading of the bill. The Committee on Pubkkc Health and Welfare adopted Amendments 1 and 2.

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

No further amendments reported, Mr. President.

3rd Reading. Senator Donahue: for What purpose do you rise?

Thank you, Mr. President. I Would ltke to eakl for a Republlcan Caucus - a Republican Caucus - immediately in Pate Philip's Office.

All right. That motion is always in order. The Senate wi11 stand in -- at ease until the hcur of noon . (SENATE STANDS AT EASE) . 7 l .. . I STATE OF ILLINOIS 39TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 2, 1995 (SENATE RECONVENES) PRESIDING OFFICER: (SENATOR DeANGELIS) Will the Members please come to the Floor. We are going to be on the Order of 3rd Reading very shortly . In fact , we 're on it right now. Resoluticns. SECRETARX HARRY : Senate Resolution 60, offered by Senator Jones . It's a death resoluti.on, Mr. President. PRESIDING OFFICER: (SENATOR DeANGELIS) Consent Calendar. SECRETARY HARRY : Senate Joint Resolution 44 . offered by Senator Parke r. It 's substantive . PRESIDING OFFICER: (SENATOR DeANGELIS) Consent Calendar Isic;p. Oh ! I'm sorry . House Bi11s lst Reading . SECRETARY HARRX : House Bill 185, offered by Senator Syverson . (Secretary reads tit1e of bl11) Hcuse Bi11 320, by Senators Culkerton and Smith . (Secretary reads title of bill) House Bi11 689, offerêd by Senatoc Burzynski. (Secretary reads titl. e cf bil1) House Bill 798, by Senator Fawell . (Secretary reads tit).e (7f bil1) House Bill 1070, Senator Petka . (Secretary reads tit1e of bill) House Bill 1281, by Senator DeAngeli.s . (Secretary reads title of bi1l) Senator Lauzen offers House Bi11 1303 . 8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leqislative Day May 2, 1995 (Secretary reads *itle of bill) House Bill 1523, by Senator Lauzen. (Secretary reads title of bill) House Bill 1825, by Senator Peterson. (Secretary reads title o: bill) Senator Peterson presents House Bill 1843. (Secretary reads title of bill) And House Bill 2294, offered by Senator Fawell. (Secretary reads title of bill) lst Reading of the bills.

PRESIDING OFFICER: (SENATOR DeANGELIS) On the Order of 3rd Reading, on page is Senate Bill The sponsor asks leave to return to that, after he leaves the Chair. 434. Senator Cronin. Senator Cranin? Senate Bill 441. The Senate Committee on Local Government and Electicns. Senator Klemm. Read the bill; Mr. Secretary.

fenate Bill 441. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm.

Thank you, Mr. President and Ladies and Gentlemen of the House - - or, Senate. Excuse me. Soon as I move my chicken over here, 1'11 get back in order here. Get confusedg huh? Thank you, Ladies and Gentlemen of the Senate. Let -- 1et me brtefly explain a little bit of what Senate Bill 44l is, and then have Members of the commlttee who would like to go into more detail, if can. This alkows *he Police Training Board Eo train part-time reeruits, if we will, to allow them to have that training as a full-time officer so that they could be better equipped and better 9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslative Day laY 1995 prepared for law enforcement. Itls been a process that has been worked out with the poltce departments, the police assoctatlons, the Illinois Municipal League, the municipal councils around the State, of trying to find a compromise bill that would meet the requirements of of tralning. The Police Training Bcard was involved. They have the funds to do the training, sc there 's no cost really to the local municipalities. And what does is allow part-time cfficers to become part of that regular pclice department in far -- as far as 1aw enforcement is concerned. And there are others who can describe it in a little bit more detally and 1 thlnk 1'11 let them do it. Senator Dudycz and Senator Raica have been very instrumentalr and perhaps they could explain more and answer any questions, if there are any.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.

had a question of the sponsor. PRESIDING OFFICER; (SENATOR DeANGELIS) Sponsor says he Will yield.

Yes. Is there any fiscal impact to *he State on thls bill?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Flemm.

No.

PRESIDING OFFICER: (SENATOR DeANGELIE) Are you done, Senator Welch? Senator Trotter.

Thank you very much' Mr. President. I just Want rlse in support of this legislation. As mentioned, there was a lot of discussion tbat went on durinq the during our eommittee. Not al1 of the time Was it cordial, buE they dld work out a plan, they 10  ! ! STATE OP ILLINOIS ! 89TH GENERAL ASSEMBLY I REGULAR SESSION ' SENATE TRANSCRIPT : I l 41st Leglslative Day May 2, 1995 Worked out a blll in which everyone can probably live with at this polnt ln time. As we know that thls process is not perfect, but this is about as sood as it gets. And I ask everyone on my side of the alsle to support this legislatlon as well. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shadid. SENATOR SHADID: Yes, will the sponsor yield to a question? PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he Will. SENATOR SHADID: The tratning for part-time police, is that gotng to be the same length of training and the same, identical trainlng as full-tlme police officers? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klenm. SENATOR KLEMM: Yes. Yes, it Would be. PRESIDING OFFICER: (SENATOR DPANGELIS) Senator Shadid. SENATOR SHADID: And what is the tlne frame for them to conclude this training? Or... PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm. SENATOR KLEMM: Twenty -- twenty-four mcnths is the period of time to -- to receivg that tratning . PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shadid. SENATOR SHADID: So, a part-time police officer -- and the municipality -- who ' 11 r STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 I ! will pay for the training? 1 I PRESIDING OFFICER: (SENATOR DeANGELIS) I I Senator Klemm . I SENATOR KLEMM: I'm -- I'm scrry. Would you repeat the questicn? I Was... PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shadld. SENATOR SHADID: Who pays for the training for the part-time police? PRESIDING OFFICER: (SENATOR DeANGELTS) Senator Klemm. SENATOR KLEMM : The Police Training Board will pay for the training. It's twenty-four months for an exlsting part-time palfce offlcer currently employed to get his training, and for a new hire: they would have tc get that training wlthin eighteen months. Okay? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shadid. SENATOR SHADID: If I.m not mistaken, the -- for Ehe full-time police officer, the Police Training Board reimburses the municipallky fifty percent. Is this the same requirement for the part-time? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm. SENATOR KLEMM: Well, the Police Training Board has told the committee that they lntend to pay and have the funds available to pay a hundred percent for the part-ttme police trainlng, and that's what we were told ln commlttee. PRESIDING OFFICER: (SENATOR DPANGELTS) Are you finished, senator Shadid? Senator Shadid. SENATOR SHADID: j 12  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslative Day May 2, 1995 As a longtlme pollce officer, I have always been opposed to ' 1 part-time police. I am sttll opposed to part-time pclice. I ! I believe that the poliee profession is such that we cannot entrust I ! it to part-time police officers. Now r am I correct? Is the l .. ! definition of a part-time policeman thirty-two hours a ueek? j PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm . SENATOR KLEMM : Well, my blll doesn't address the hours, or the committee bill doesn't address the hours. But let me just say that, since you're ccncerned about part-time police, it's worse to have part-time police cfficers that are not tratned, and that's what's happening now. So I Nould thfnk that those who suppart trained officers, which we all do, this Wculd certainly go a long *ay to allow municipalities to perhaps have a little flexibtlity? if they're a small cammunity and don't need full-timers, whopve already had them. Nowy the bill also says that they cannot change and reduce full-tlme employees to get part-time, so wedve :ot that provision in there for thetr protection. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shadid. SENATOR SHADID: I'm sure you're well aware there are many communitles khat donlE have full-time police. They ge* by with strictly part-tine pclice al1 the time . My problem with that is -- and they say it's because of the cost of full-time police officers, they can't afford it. Well, I'disagree with that. In Peoria Countyr I had contracts with several small communiEies - eight of them, to be exact - and ue did lt cheaper and better With the sheriff's department. Whenever there 's a big crime of any sort that's I commltted in a small community: the sheriff has to take off that I I crime and -- and investigate 1t, not the part-time policeman. I I 13  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 think we're making a big nistake here when We're sanctioning 1 I part-tlme police in -- in our society today. I ' PRESIDING OPFICER: (SENATOR DeANGELIS) I Senator Raica .

Shank you: Mr. President and Ladies and Gentlemen of the Senate. As a 1ot of the Members here remember, Senator O'Malley brought this issue befcre this Body and actually debated the -- the purpose of the lntent in legislation very well, both on the Senate Floor and -- and in committee. And I think cne cf the reasons and the main reasons that I think the Body should focus in on is currently there's two definitlons of police officers under the Statutes, and that is of a full-time peace officer and that of an auxiliary police officer. Nowhere in the Statutes is there a definltion or an explanation of that of a part-time police officer. However, if we wanted to use the term of this animal or this such of indlvidual exists in almost all municipalities throughout the State of Illinois, that Would not only be a correct assumption on everycne 's part, but it, in fact, is reality ln every district just about in this State of Illlnois. When Senator O 'Malley broaght this to ligbt, we needed to put a deflnition of part-time police offkcer in the Statutes to allow that type of individual to be recognized by the State of Illinois and other peace officers as an indivldual who is, in fact, a peace officer. Senator Dudycz, Senator O 'Malley and others, with the cooperation of the Chairman of Local Covernment, Senator Klemm, met with the Illinois Police Training Boardr Ms. Dawn Buskck and the Director, met with the Fraternal OrderofPolicethroughouttheStateof Illlnolse the Illinois Sheriffs' Association: the Correctional -- 1 I Association and the Illinois Police Assoeiation, in an attempt to I I bring forward once and for a11 that discussion on the Senate Floor I and that, in fact, is the outcome: Senate Bill 441, which is in I 14 ' . z  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslatlve Day May 2, 1995 front of ycu today. Senator Dudycz, being a full-time police officer - a detective, as a matter of fact - and being a member of the Fraternal Order of Police, in no way wanted a part-time police officer to go and take the place of a full-time pclice officer, any jurisdiction. However, there are part-time police officers that are used in many jurisdictions in the State of Illinois, and ncne those part-time police officers, under a Statute currently, have to be trained. So What you had throughout the State of Illinois is a part-time police officer that was trained in some instances, such as in Mayor Hasara's areay because they wanted that type of individual be trained: and we can go to other areas and communlties of this State: such as possibly Crestwood and other entities, but not limited to Crestwood, wbere an indivldual did not fulfill the full Eraiakng requirement as currently exlsts for full-time officers. To bring into definition the definition of full- -- of part-time police officer: Senator O'Malleyr myself and Senator Dudycz, additlon to Chairman Klemm, wanted to make sure that these indlviduals by Statute were not only recognized as a peace offlcer, but received the training as Well to function in the State of Illinais as a peace offfcer. That, in fact, has been accomplished in this bill, Senate Bikl 441, the amendment. We made sure that the part-time police officers that were functioning out there now, we knew had a part-time job, so we couldn't just get thgm in six months like they could a full-time police officer, so the Police Training Board managed to sit down and say, ''Wel1, here's how we can do We can put mobile units in everyone's district and accomplish that sc you would have full-time police officers.'' The Illinois Municipal League sat down, along with Senator with Senator O'Malley' Senakor Dudycz and myself and Senator Klenm, and sald, ''We can live With this.'' This isn't the very best it could be, but for the first time, part-time police officers are Statute 15  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 and going to be recognùzed by the -- by the court systems and by the local municipalities. That was the intent. Other members that met wanted to make this a collective bargaining issue. Ie was felt by the Municipal League and the sponsors that I've mentioned that this bill ought not be a collective bargaintng tool. But, Genator Dudycz did give his assurance that if they had any ceservaEions regarding any future negotiations for part-ttme police officers, he himself, being a member of FOP: Would sit down and work out such an agreement. This, Ladies and Gentlemen, is the first time the part-time pclice offtcer issue has eome to the Senate Flocr and been debated many, many years. It was a 1ot of man-hours. People warked on it since November of last year, and think those members should Be applauded. And this is a veryr very gcod start to -- to something that has qone on for such a long time. And I -- and I do Solicit your Aye vote.

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

Thank you, Mr. President and Members of the Senate. Senatoc Raica is very kind when he mentions me repeatedly in his remarksr because although this is a very important issue, felt, that needed to be addressed, Senator Raica and Senator Dudycz and the Members of the Committee on Local Government are the ones who really deserve the credit for the time and effort they put forth. However, there's others that need to be recognized here because I - - and I'm making tbe point of recognizinq them because think the Legislation that is before the Chamber today represents a -- an effort to compromise and address concerns that needed to be raised . The Police Chiefs' Association, the Palice Tralntng Board, and representatives of police across the State of Illinoisr including the Fraternal Order of Police: Who participaEed ln Ehose discussions - they deserve to be recoqnized: and their input into  i I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l 41st Legislative Day May 2, 1995 crafting this leglslation Will result ln -- ln significant improvements in public safety for the citizens of Illinols. In closingr let me just say this: The reality is in Illinois that there are over five thousand part-time poltce officers already, and they are growing. And the reason theysre growlng is becauser franklyr they're relatively êasy to bring on board. The problem with part-tlme poltce officers is there are nc standards; there is no tratnlng requirements that are -- are clearly set forth in the Statutes. This legislation will address that concern. And the beneficiaries of this legislaticn will not only be the citizens of Illinois who will be better served by adequately trained police officers, but more importantly even, there'll be the full-time police officers, who really have to interface and work with part-tine police offlcers, to know that the people that they're worklng wtth, these part-timp pollce officers, are adequately trained . And I urge an Aye vote. Thank you. PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Dudycz. SENATOR DUDVCZ: Thank you, Mr. Presldent. Senate Bill -- orr 441 is one of those bilks where -- where nobody really likes completely and thatis, I guess, what makes it a good bill. As the prevkous speakers mentioned, a lot of people had put a lot of hours knto thks bill to try to come up with something which ts workable. The issue of part-tlne police officers has been around for many years, and finally, Ne believe, *e came to -- Eo a workable -- workable language of a bill that we think that everyone can accept. To be fairr not alL involved are totally signed off on the bill. I belleve it's the Police Benevolent Association is still off. The Illinois Police Assoclation has some concerns. They signed off on the bkll, but there are some parts of it that Ehey fd like to work on. The FOP has signed cff on lt. I'd like -- I'd like to just I 17 l .. . . - L-- - - -' . .'- - - - .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 brtefly go into a few of the points -- few of the points that -- Ehat there were disagreements on, how -- and the resolutions that We came about. The -- as Senatcr Shadid mentioned earlier, I also, as a full-Elme polkce officer, are very concerned abouE Ehe tssue of part-timers and how they are going to be attempted to displace full-time police officers with part-timers. But I think that we have enough safeguards in this bill that - either by administrative rule or by by the legislaticn that wedre passing we will not be alloWing that. The part-timers wikl be required to get the same amount of tralning hours and the course coatents as are mandated for the full-time police officers. The FOP inststed upon it. The Municipal League agreed. The POP wanted or tbe pclice groups wanted no increases in staffing levels of the part-timers established as of January l of this year. The Municipal League Was really opposed to that issue and -- and the compromise thaE was reached states that part-ttme officers shall not be utillzed as permanent replacements for full-tlme pollce officers. Part-tlme police officers will not directly supervise full-time police offlcers. That's that's an important part that was resolved. The FOP wanted to eliminate other statutory conservators of the peace, like -- like the marshals, reserves and auxiliary. The -- the Municipal League resisted and we went along wibh the Municipal League and and that's that's remaining. As far as the Police Training Board adcpting rules definlng when -- what constitutes employment on a part-time basis, Senator Shadid, you know, the FOp or the poltce groups, the unions, wanted no* more than twenty-four hours a Week or ntnety-six hours in twenty-eight days. That's samething Nhich I -- I also wanted , but the original language remains. The Municipal League would not have agreed to anything, by the way, any language that Would cost the local governments any more money any of this traininç. That's all I'm going to say. think 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 thls -- that -- enouçh has been said on this one. It's something that Was worked on by everybody. Please vo*e for it. Thank you.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hasara.

Thank you, Mr. Presldent. like to make one point on the bill that may make some of you who are concerned feel better about it. I don't think it's been raised. That is the fact that, the bill, a community may not replace full-time police with part-time police. So, actually I have somewhat of a concern about thak: because I am concerned that you have a real tight budget year, that a community might have to lay off a full-time policeman and then wculdn 't be able to replace that person. :ut I do stand in support of this bill, because it has been the result cf a -- of a 1ot of effort. But T wanted to make that potnt for some of you who may be concerned about the fact thab we're trying to promulgate part-tlme police. That Was not the inten*ton.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shadid, for the second time.

One more question.

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says hesll yield.

On page of the bill, line 4: and would you explain what that means, to me?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm.

Which page ls thaE? On -- whieh line?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shadld. 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995

It's on page 6. And the way I read this, that allows certain part-ttme police officers, depending cn their expertence, to have the training waived, but it doesn't designate how much experience khey need.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm. Senator Raica, chooses to answer this question.

you Were a retlred full-timer and going back, that would be a waiver.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shadid.

didn't -- what -- what'd ycu say?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm.

Wellr if you're a police officer and -- and went into retirement and then were called back to do some part time, you wouldn't have to be retrained.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Shadid.

dcn't believe thatfs what that says.

PRESIDING OFFICER: (EENATOR DeANGELIS) Senator Raica. Senator Klenm y would you like *o yleld to Senator Raica...

Maybe I could have

PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Raica. 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 I I SENATOR RAICA: I Senator Shadid, as ycu know, currently in existlng Statute, there is a provision for full-time officers that have the same waiver process. There are officers currently that may be full-time police officers in one jurisdictlon and upon retirement, they may wan: to choose to go part-ttme with another agency. If they can show that they were full-time officers to the Illinois Police Trainlng Boardr the Training Board can offer that police officer a walver, such as currently the practice for full-time officers. It is nothing more and nothing less.

PRESIDING OPFICER : (SENATOR DeANGELIS) Senator Shadid. Senator Shadid# wculd you hit your ltght 'ghen you want to speak .

I 'm not trying to belabor the point , but that does not say full-time police. It just is based on experience, and I@m assuming that it's part-t.ime poltce experience. Thank you.

PRESIDING OPFICER: (SENATOR DeANGELIS) Is there any further discussion? If not , Senator Klefnm, to close .

Well , the Section you 're lookin: at is for part-time police , Senator , so I think it is covered pretty well . I think the bill has been explained . One thing I did want to clarify , that the Police Tra ining Board has said that those o1d rules Where Ehey pay fifty percent has bemn gone. They are now paying ful1 amount . They '11 pay it for full t ime and part time . So at least there 's no expense to *he municipalities. It's been dgbatgd. I ask for your favorable vote .

PRESIDING OFFICER: (SENATOR DeANGELIS) Question is, shall Senate Bill 441 pass. Those in favor wkll vote Aye. The opposedr vote Nay. The voting is open. Have a1l 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatùve Day May 2, 1995 ' I 1 voted who wish? Have all vcted who wish? Have a1l voked who wish? Take the record. On that question, there are 45 Ayes, 9 vottng Nay, none -- 1 voting present. Senate Bill 441, having received the required constltutional majority, ls declared pasged. Senate Bill 465. Senator Maitland? Take it out of the record. Senate Bill 478. Senator Karpiel? Senator Karptel. We will be skipping the approps for now. Senate Bilk 501. Senator Weaver. Can we have leave to go back to Senator Karpiel's bill now that she brought her coffee back to the... Senate Bl11 478. Read the billr Mr. Secretary .

Senate Bill 478. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Karpiel.

Thank you, Mr. President. I'm sorry I wasn't at my desk When the bill was called. The billr as amended, changes the qualtflcations of persons appolnted to an airport authcrity board. It Nould prohibit persons who are members of the governlng board or officers of employee -- or employees of any unit of local government, or elected officials of State or federal government. The bill essentially would prohibit any person eleeted, appointed or employed by a local government from serving on an airport board, but it only prohfbits elected officials of State oc federal government from dcing so. And I may add that we have, I believe -- we have heard from our -- a past Senate Memberr Senator Savickas, that it does not apply to O'Hare or Midway.

PRESIDIHG OFFICER: (SENATOR DeANGELIS) The question :s, shall Senate Bill 478 pass. Thcse in favor will vote Aye. Those opposed Will vote Nay. And the voting is 22  STATE OF ILLINOI: 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislattve Day May 2, 1995 open. Have a1l voted who wish? Have all voted who wish? Have a1l vcted who wish? Take the record. On that question, there are 56 Ayes, none voting Nay, 2 voting Present. Senate B1ll 478, havlng received the required constituticnal majority, ls declared passed. Senate Bill 501. Senator Weaver? Take it out of the record. 502. Senator Weaver? Take it out of the record. 503. Senator Weaver. Read the bill, Mr. Secretary.

Senate Bll1 503. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER) (SENATOR DeANGELIS) Senator Weaver.

Thank you: Mr. President. This bill was amended, so I Nould ask Senator Rauschenberger to explain the amendment.

PRESIDING OFFTCER: (SENATOR DeANGELIS) Senator Rauschenberger.

Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. Thïs ls the General Obligation Bond Act. It allows for the spendin: authority to be for the debt lfmit of the general -- of the Stake of Illlnois to be increased to authorize the Governor's proposed plan for the Departnent of Corrections expansion, deals with the sale of bonds to support construction of a new medium-security prison, construction of new work camps at Vandalia and Pittsfield, construction of four neW housing units and three new cell houses at existing facilitles, completion of construction for tbe new super max facility at Tamms, and the completion of other miscellaneous Department of Correction projects. 1* only deals with the Corrections pcrtion of the Governor's request for the capital program. Seeing that we did 23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 not have success with the full Governor's program, it's my hope I that Members in this Body who are very concerned about the impact i I of erime and the corrections problems can at least support this l I form . In addition, it also includes qn increase in the j ' . I authorization for the College Savings Bond Proqram as part of the i CorrecElons bondiag. I'd be happy to answer questions.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Severns.

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

PRESIDING OFFICER: (SENATOR DeAXGELIS) Yes. Senator Rauschenberger says he wikl yield .

Senator, does the list go -- is the list shorter than the Governor's proposed budget, or is it the samg as?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Rauschenberger.

The amount of the increase in the debt authcrtzatlon is I precisely the same as requested by the Governor for the bcnds that I dealtwiththeCorrectionsbudgetonly . ' 1

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Severns.

Thank you, Mr. President. I would urge the Members on this j I side to vote favorably on this bill, given the fact tha: 1* does 1 1 fund the Corrections requests, eoupled with the College Bond I I i Savings Program. 1 I PRESIDING OFFICER: (EENATOR DeANGELIS) I 1 Any further discussion? If not, Senator Rauschenberger, ta 1 i I close. i 24 . è j STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 SENATOR RAUSCHENBERGER: I would just urge all Members to participate in a favorable I roll call. I I PRESIDING OFFICER; (SENATOR DeANGELIS) I ' ' j The questlon is, shall Senate Bill 503 pass. Those in favor will vote Aye. Those opposed will vote Nay. And the vqting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that questlon, khere are 58 Ayes, none vottng Nay, none voting Present. Senate Bill 503, havin: received the required Ehree-fifths majority vote, is declared passed. Senate Bikl 506. Senator Tom Dunn. Senator Dunn, do you Wish this bill ta be returned to 2nd Reading for the purposes of an amendment? Senator Dunn seeks leave of the Body to return Senate Bill 506 to the Order of 2nd Readtng for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 506. Mr. Secretary: are there any Floor anendments approved for conslderation? SECRETARY HARRY: Amendment Nc. 3, offered by Senator Thomas Dunn. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dunn, to explain your anendment. SENATOR T. DUNN ; Thank you, Mr. President. This amendment is an agreed amendment that was proposed by the Medical Society and would require HMOS to report to the Medieal Discipllnary Board any canduct by a physlcian resulting tn termination or restrictions. As I stated earlier, it's an agreed amendment proposed by the Medtcal Society. Ask for favorable consideration. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Rea. SENATOR REA : I I 25 . ) . '  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 2, 1995 PRESIDING OFFICER: (SENATOR DeANGELIS) I Question of the sponsor. : SENATOR REA : I I We have in the... . j PRESIDING OFFICER: (SENATOR DeANGELIS) I Oh, I'm sorry. State your point. I :

Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR DeANGELIS) State your point.

We -- we have ln the gallery a group of students from Dennkng School in West Frankfurt. And I'd like for them to stand, and we recognize them for their trip here to Springfield .

PRESIDING OFPICER: (SENATOR DeANGELIS) Will our guests in the gallery please stand and be recognized . Welcome to Springfield. Any discussion on the amendment? If not, al1 those in favor, say Aye. Opposed, say :o. The Ayes have 1tr and the amendment is adopted. 3rd Reading . Any further Floar amendments? SECRETARY HARRY: ' No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senator Maitland, for what reason do you seek recognitlon?

Thank you very much, Mr. Presldent and Members of the Senate. For the purpose of an announcement, if I mightz to recosnize that Senator Dillard Will not be here today or tomorrow. He's called home for the death of a -- of a family member, so Wanted to -- put that in the record. I PRESIDING OFFICER: (SENATOR DeANGELIS) I 26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 Senate Bill 523. Senator Maitland? Read the bill, Mr. Secretary.

Senate Bill 523. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Maitland.

Thank you very much, Mr. President, Members of the Senate. Senate B(ll as amended, deals with tWo thlngs. Number one, when a nursing home goes into receivership, the courts appoint a receiver. Under current law, that receiver does not have to be a licensed nursing home administrator. This bill would require that the receiver be a licensed nursing home administrator. Also , the blll requires monitors to be licensed nursing home administrators. In addition to that, current State 1ag goes beyond What is required by the federal 1aw in relation to chemical and physical restralnt of nursing home residents. The bill now makes federal 1aW consistent with -- the bill now makes federal law conslstent with State law. The bill is supported by the nursing home lndustry. There was some dlscussion on thls committee, and believe we worked ou* a11 Ehose difflcult areas. I woukd be happy to respond to any questions, otherwise would appreciate your support.

PRESIDING OFPICER: (GENATOR DeANCELIS) Senator Smith.

Thank yous Mr. President and Ladies and Gentlemen of the Senate. rise to -- sorry I have to oppose Senate Bill 523. urge the Members on my side of the aisle to vote No or Present on this particular bill. I voted *o let out of committee, 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslative Day May 2, 1995 deference to the bill's sponsor; however, it is not a gccd bill for nursing hcmes and for senior citizens contained therein. This bill is opposed by the Illinois Citlzens for Better Care, the Public Welfare Coalition, khe Association of Isic> Retarded Citizens and other groups that -- and that makes me nervcus. It also is opposed by Sentor Services of Kane, Kendall and McHenry Countles, the Dupage County Department of Human Services: the Nursing Home Ombudsman Programs of Catholic Charities of Lake County, the Diocese of Joliet, the Senior Service Center of Will County: the Mental Hea1th Association of Illinois Valley, the Cook County Public Guardian, the Shawnee Alltances for Seniors, and the Illinols Council of Senior Cïtizens' Organlzatlons, East-central, West-centralr Southeast and Midland areas. That should make many of nervous. And this bill guts the Bill 1498, Public Act 88-413, which I cosponsored akong With Senator 3erman and Fawell. House Bill 1498 was negotiated in good faith by the nursing home industry and the organizations now opposing Senate Btll 523. I ask you to watch carefully and vote No on this particular bill. It's bad legislation.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell.

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

PREEIDING OPFICER: (SENATOR DeANGELIS) Sponsor says he will yield.

genatotg I understand that there are federal laWs noW in place Ehat tell nursing homes when they can and when they can and cannot use res*raints and medications, but I also understand that not a11 of our nursing homes in this State are federally certified. What happens to those nursing homes? HaW do we we eontrol those nursing homes that are not rederally certified 28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 without the State law that's presently in place? i i PRESIDING OFFICER: (SENATOR DeANGELIS) I j 1 SenatorMaitland. j SENATOR MAITLAND: . Thank you very much, Mr. President. I am rellably informed by staff, Senator, that -- that -- that they are protected. We are -- we are -- we are obviously putting in State 1aw and -- and absolutely tracks what is in federal OBRA . So they are protected under that -- under that language.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell.

Well, I've been told otberwise. I have been told that once they dre - and this Was by a legal group that is concerned about this bill - that -- that We Will not have - certain nursing homes - have any 1aw whieh will stop any kind of -- of restraints or medications that are preseatly coveredr and -- and even if they are covered, there's really no penalty, per se, because they're not covered by the federal law.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Palmer.

Thank you, Mr. President. 1: too , rlse yn opposition - strong opposition - to this bill. I had just started ko count the orsantzations that are opposed to this, and in my analysis, it has to be at least tWO inches wfde -- Ewo inches deep . When that many organizations, all the way from those Who are speelfically I concerned with the aged and the mentally lllandthoseNi*h 1 I cognikive disabilities to just gêneral senior citizen j I organizations in four or five counties and so forth, are opposed i I t I o this bill, then f think that all of us who represent all the ! i areas of Illinois should take heed. It fs one thinq: yes, to have ! I 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 2, 1995 the -- the federal law in place, but I share Senator Pawell's concern. You can have a aursing home Where one floor may be federally funded and therefore there is oversight, and others that are not. So even though you may say that there is a law , it does not tell us how the oversight Will be implemênted. And the fact that youdre talking about psychotropic drugs and restraints and changing the Way those are used in nursing homes, with very frail and elderly people, and We in Illtnoisr think, have gone a little farther than this, and we certainly have a better knowledge of how to be more humane in the ways that we deal wiEh anxiety and with many of the problems caused by those with Alzheimer's and other cognitive disabilities. Thls b#ll, Senate Bill 523, ellminates those protections, and thtnk it is not wise to do this. We have other alternatives. We had an agreed process in place, and not sure why we are doing thks when we should be one of the leaders this fieldr rather than stepping back from it. I say we vote No.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator del Valle. SENATOR dEL VALLE: Thank you; Mr. President. Question for the sponsor.

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he will yield. SENATOR dEL VALLE: Senator Maltland, according to the materials handed cut by the - - the advocates, if Senate Bill 523 passes, would leave frallr elderty nursing home residents with fewer protections than those given dangerously mentally i1l persons who have been comm itted to State psychlatric facklities or to mentally ill prisoners in State penitentiaries. Could you explain the difference between the proeections that those individuals have our State psychiatric faciltties and in our State prisons and the protections that the 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 2, 1995 nursin: home elderly have? : ' ! PRESIDING OPFICER: (SENATOR DeANGELIS) I Senator Maitland. SENATOR MAITLAND: . Senator, I have no idea what the protection for those other two groups are that you mentioned. I have no idea, so I can't compare what we are doing here and what proEection they are afforded. I -- 1 -- 1, frankly, don't understand the purpose of the question. We are -- we are -- in Illinois, had gone far beyond what OBRA required, and -- and the testinony in commlttee clearly indicated the reasons we needed the changes. I thought we had everything worked out in committee, everybody understood. No one - absclutely no one - has come to me since the bill passed out of committee with no negative votes to indicate to me anything, nor did they notify our staff. Where you're getting the list of the people *ha: are opposed to this billr I have no ldea.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator del Valle. SENATOR dEL VALLE: To the bill, Mr. Presldent: Given the long list of opponents to this bill and glven that you just lndlcated that you have nc tdea or what the differences would be, maybe What we ought to do is hold thts bill till we find out the answer to that question.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Maltland.

Senatcr, we are dealing with long-term h9alth care here. That's the subject of the bill. To susgest that we -- you are asking me to compare this with whatever care We may or may not give to people in other areas or other capacities ls not germane to the issue at all. PRESIDING OFFICERI (SENATOR DeANGELIS) 31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leqtslatlve Day May 2, 1995 Senator de1 Valle. SENATOR dEL VALLE: Well, closing here, a final comment. It is germane. What we tre talking about is the protection of the frail elderly in nursing home care, and we must not take any chances here. We must be clear about what it is that wedre doing, in terms of changing the law, that is golng to have an adverse effect on these indivlduals. And so, I think that we do need to ansWer that question, and ask thls Body not to support khis blll until we are clear about the impact that this legislation wl11 have on those individuals.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dcnahue.

Well, thank you , Mr. President. To the bill: I rise in support of this. member of the Public Health and Welfare Committee. There was no objections relayed to us before this. None have been given to us. I don't understand the -- this type of handling of a piece of leqislation like this. Just a second please. When you have a nursing home (ndustry that has dlfferent rules and requlations from Public Realth, different things from Public Aid they 're bombarded with all types of things 1* takes away from the eare of the people that they 're trying to help. AlL this is dolng is putting us in the same line as federal law, and would -- the State facilitles are under State law ; the federal facitities are under federal law. I don't understand why you think tbat somebody isn 't going to be under some regulation. This is a good piece of legislatlon, and we should support it.

PRESIDING OFFICER: (SENATOR DBANGELIS) Senakor Maitland, to close.

Thank you very mueh, Mr. President and Members of the Senate . 32  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2r 1995 . l ! I'm really, frankly, -- I am offended and -- and disappointed Ehat 1 I l -- that this bill has ccme to this kind of debate. This bill had I I some questions the first time it was heard kn committee/ and those I concerns were brought about by one person - one person who talked on and on and on ln committee - and virtually everything that the individual said was refuted. And as a consequence of that, we came back the next time and clearly had dialogue that indicated that -- thaE tbis bill did not take care and concern away from residents. And so I'm -- I'm disappointed that that one individual has been able to attract the support of organizations and those organizations ' opposition was given to that side of the aisle. Nothing was said to this side of the aisle. Let -- 1et me just make one point, and I think, Senator Palmerr thts may go to your point. Senator Palmer, this may go to your point. The -- the -- the area of -- of restraint - and please read the bill, please read the bill: The resident has the right to be free from any physical or chemlcal restraints imposed for purposes of dyscipline or convenience if they are not needed to treat the residentss medical system Isic> (symptoms). Restraints may only be imposed to ensure the physical safety of the resident or other residents, and only upon the written order of -- of a physlclan that speclfies the duration and circumstance -- circumstances under which the restraints are to be used, exeept in emergency circumstances where restraints may be used until the crder could reasonably be obtained. We are not taking anything away. I have worked With the health care industry for years, and far be it from ne to want to do this. This is legislation that -- that is necessary to bring us in line with the federal O3RA laws. I believe it's necessary legislation. The testimony in committee indicated that it was necessary. Andr Mr. Prestdent, Members of the Senate, I would -- would seek your support.

PRESIDING OFFICER: (SENATOR DeANGELIS) 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 The question isr shall Senate Bill 523 pass. Those in favor will vote Aye. And the oppcsed will vote Nay. And the voting is ' I open. Have all voted who wish? Have a11 voted who wish? Have all 1 1 voted who Wish? Take the record. On that question, there are 37 Ayes, 19 Nays, none voting Present. Senate Bill 523, having received the required constiEutional majority, is declared passed. The AP and State Journal-Register ask leave to take photographs. Is leave granted? Leave is granted. Senate Bill 532. Senator O 'Malley. Read the bill, Mr. <sic> Secretary. *

Senate Bilt 532 ...

PRESIDING OFFICER: (SENATOR DeANGELIS) Take it out of *he record . Senate Bill 539 . Senator Fawell? Read the bill, Madam Secretary .

Senate Bill 539 . (Secretary reads title of biL1) 3rd Reading of the bi11.

PRESIDING OFFICER: (SENATOR DeASGELIS) Senator Fawell . SENATOR FAWELL ) Thank you very much . This is the agreed bi11 between the manufacturers and the new car dealers, and Cirst I want to thank Senator Jacobs for a11 of his help on arriving at a -- a -- a joint agreement between the -- between the manufacturers and the neW car dealers. Basically it was due t.o a Supreme Court decision that said that ngw car dealers could no longer bring Eheir franchtses into court and sugqested that the Legislature set. up some kind of a board to hear those disputes. This bill establtshes a Motor Vehicle Revlew Board within the Secretary of State's Office to adjudlcate dlsputes between the auto dealers and the manufacturerse and I will be glad to answer any questicns. 1 I 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President, Ladies and Gentlemen of the Senate. concur with my Chatrman of the Transportation Committee. Senator Fawell absoluEely right. This has taken a of work. I know of no known opposition. do want to thank the Senator for al1 of her hard work, and the whole committee. This was an lssue that was volatile, and think we have taken the volatility out of it and ask for an Aye vote. PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall Senate Bill 539 pass. Those in favor Will vcte Ayer and the opposed Wtll vote Nay. The voting is open. Have all voted Who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, none voting Nay, none voting Present. Senate Bill 539, having received the required constitutional majority, is declared passed. On 541, the Chair would ask leave to be able to call the bill later on when he has vacated the Chair. Leave -- is leave granted? Leave is granted. Senate Senator Watson? Senator Watson? Take out of the record. Senate Bëll 553. Senator Fawekl. Read the bill, Madan Secretary. ACTING SECRETARY HAWKER: Senate Bill 553. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell. SENATOR FAWELL: Thank you very nuch. Thts fs *he the licenskng bill for the collectors Eor the State. Their licensing Will be up Decenber 31st. This is an agreed bill now with the Department of 35 N =  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 Licensing and Relistration <sic>, and I will answer any questions, r ' but, basicallyr that's What it does. l I PRESIDING OFFICER: (SENATOR DeANGELIS) ' 1 senator weleh. I

1 l A questlon of the sponsor.

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says she will yield.

Senator Pawelly Section 11 Ksic> of the bill -- of *he amendment says ''Any person or business under contract with a creditor to notify the creditor's debtors of a debt using only the credltor's name'' is an added group Ehat would be exempt. Is that goinq to stay in the bill when it gets aver to the Houser or is that going to be coming out of the bill? There was a questlon that I raised about that in the committee.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell.

That Was agreed language with the -- with the Department.

PRESIDING OFFICER: (SZNATOR DeANGELIS) Senator Weleh.

Well, it wasn't agreed in the committee because we raised -- I raised that as a question and ue were trying to work on that. And the last we were told is that language would be comlng out of the bill. That's an exemption for groups so that they do noE have to comply with the Collection Agency Act.

PRESIDING OPPICER: (SENATOR DeANGELIS) Senator Fawell. I don't think Ehat was a question. Did you 1 Want -- he wants to make it a question noW.Senator Fawell. j SENATOR FANELL: 1 36 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2: 1995 This bllt was worked on by the licensing pecple and the collectors and a1l parties concerned . My understandiag is When someone has a contract - say' for instance, if they're collecting ; ! for Sears or something - that thae's When this would come into -- ' l into play. I PRESIDING OFFICER: (SENATOR DeANGELIS) 1 Senator Welch . SENATOR WELCH: Senatorr that's exactly the point, beeause under this billy they don't have to comply with the Fair Colleetion Practices Act Ksicl. They can call you at 6 ln the morning. They can call you at work. They ean call your wife, your husband. They can call anybody they want because they 're exempt from the Act. What we were trying to do is take Lhat out of -- out of the bill. Rlght now: for instance, there are ten other gxempkicns. This is an addgd exemption, and I don't see why somebody Who is hired by Sears to work in-house - for instance, work out of a Sears store - and make these phone calls should be exempt. That doesn't make sense. PRESIDING OPFICER: (SENATOR DeANGELIS) Any further discussion? If not, Senator Fawell: to close. SENATOR FAWELL: If there is a problem with this language, I sball be more Ehan happy to bring it up with *he sponsor over in the House. The -- the sponsor over in the House ts - one of the sponsors and has been the sponsor in the past - is Representative Lanqe, who I believe is from your side of the alsle. I shakl be more than happy to talk to him about it, and -- bu6 Ehis has been an agreed 1 bill. 1 We have uorked on it for several haurs. And I would ask 1 I ror an Aye voue. I 1 PRESIDING OFFICER: (SENATOR DeANGELIS) : i Senator Welch, Senator Fawell was closing . On that question ' i 37 ' )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 - - the question is, shall Senate Bill 553 pass. Those in favor I will vote Aye. The opposed will vote Nay. And *he votlng is I open. Have a1l voted uho wish? Have al1 voted who wish? Have al1 i I I voted who wish? Take the record. On that question, there are 39 Ayes, 17 voting Nayr none voting Present. Senate Bill 553, having received *he required constitutlonal majority, is declared passed. Senate 3ill 554. Senator OfMalley . Take it out of the record. On Senaee Bl11 565, the Chair requests leave to return to that after he vacates the Chair. Is leave granted? Leave is granted . Senate Bill 573. Senator Maitland? Out of the record. Senate Bill 577. Senator Trotter? Read the bill, Madan Secretary.

Senate Bill 577. (Secretary reads tltle of bill) 3rd Readinq of Ehe bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Trotter.

Thank you very much, Mr. President and Members of the -- the Senate. Senate Bill 577 requires Department of -- of Aging to investigate and to audit its present system Lf home and community-based services to ensure that the 3.2 blllion dollars that Wedre spending in that area for home services is spent -- is being spent correctly. It was -- it went out af Committee on Agreed Bill List: and it's goad legislation and I ask for its approval.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall Senate Bill 577 pass. Those in favor wlll vote Aye. The mpposed, vote Nay . The voting is open. Have a1l voted Who Wish? Have a11 voted who wish? Have all voted Who wish? Take the record. On that questionz there are 58 Ayes, none roting Nay, none voting Present. Senate Bùll 577: having received 38  I STATE OP TLLINOIS 89TH GENERAL ASSEMBLY : REGULAR SESSION ' SENATE TRANSCRIPT . 41st Legislative Day May 2: 1995 the required constitutlonal majority, is declared passed. PRESIDING OFFICER: (SENATOR WATSON) Senate Bill 584. Senator Woodyard? Out of *he record . Senate Bill 586. Senator Klemm? Madam Secretary, please read the bill. ACTING SECRETARY HAWKER: Senate Bill 586. (Secretary reads title of bill) 3rd Reading af the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm . SENATOR KLEMM: Thank you, Mr. Presiden: and Ladies and Gentlemen of the Senate. Senate Bill 586: as amended, addresses several practices cf the Local Goverament Tort Immunity AcE <sic>. One, i: allows the counties: eities, townships and school bcards tc maintaln adequate fund balanees associated with their self-insurance reserves. It allows the costs and expenses tbat are associated with the legitimate tort and insurance programs to be paid. But it does prohibit the accumulation of excessive funds, and it establishes that excessive surpluses are to be used for property tax abatemene. It also says that funds are to be used for lnsurance costs: risk management expenses, payments of tort judgments or settlements or for the creation of self-insurance reserves. I think a special thanks gces to the Tllinois Taxpayers' Federation, the Illinois Municipal League, Metro Counties, townships, Township Officials, sehocl districts: the Governor's Office, Clty of Chicago, for their help in Working out Ehis asreed b1l1r and I do ask for your support.

I PRESIDING OFFICER: (SENATOR WATSON) I Is there any discussion? Any diseussion? Seeing noner khe I I question is, shall Senate B#ll 586 pass. Those in favor will vote I I Aye. Opposed, vote NO. The voting is open. Have a1l voted Who I 39 k ' . ! .  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGZLAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 i wish? Have a11 vcted who wish? Have a11 voted who wish? Take , i the record . On that question: there are 57 voting Yes, no voting ' i No, no voting Present. Senate Btll 586, having received the requiredconstltutionalmajorlty,isdeclaredpassed.Senake Bill 1 597. Senator Bowles? Out of the record. Senate Bill 601. Senator Parker? Senator Parker on the Flcor? Out of the record. Senate Bill 611. Senator Donahue? Madam Secretaryr please read the bill. Senator Donahue seeks leave of the Body to return Senate Bill 6ll to the Order of 2nd Reading for the purposes of amendment. Hearing no objection, leave is granted. 0n the Order of 2nd Reading ls Senate Bill 611. Madam Secretary, are khere any Floor amendments approved for consideration?

Amendment No. 1, offered by Sgnator Donahue.

PRESIDING OFPICER: (SENATOR WATSON) Senator Donahue: to explain the amendment.

Thank you, Mr. President, Ladles and Gentlemen of the Senate . The amendment allows the Department of Professional Regulations to waive any English proficiency examinaticn under the nurse practice Act by rule. I would move for its adoptlcn.

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

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 618. Senator Raica? Out of the record. Senate Bill 620. Sgnator Butler? Out of the reeord. Senate B(1l 628. Senator O'Malley? Madam Secretaryr please read 40 . @.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leqislative Day May 2, 1995 the bill. ACTING SECRETARY HAWKER : I ' S j enate Bill 628. i i (Secretary reads title of bù1l) 3rd Reading of the blll.

PRESIDING OFFICZR: (SENATOR WATSON) Senator O'Malley .

Thank you, Mr. President, Members of the Senate. Senate Btll 628 amends the Controlled Substance and Cannabis Nuisance Act to allow a lessor ko give five days' notice for vciding a lease agreement with an occupant using the leased prcperty for tllegal drug acttvity. It also amends the Lessor's Ltability Act to allow a lessor to void the lease and start evlction proceedings against a tenant charged with a Class X felony. Requires that the Class X felony be charged on or after the effective date of the amendatory changey and that it only apply to Class X offenses committed on the premises while under the lease. The -- the bill Was amended further to requlre an indictnent or finding of probable cause at a preliminary hearing before -- before you could use the -- the intent of the legislation. It also requires the lessee or occupant to have exeeuted a lease addendum for drug-free housin: pursuant to Housin: and Urban Development rukes before thls -- before this eviction Section can be used or applies to the -- ta the lease. I'd be happy to answer any questlons there may be.

PRESIDING OFFICER: (SENATOR WATSON) Is there any questtons or there any dlscussion? Seeing noney the question is, shall Senate Bill 628 pass. A11 thase in favor, vote Aye. Opposedr vote No. The voting is open. Have all voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the record . On that questionr there are 58 voting Yes, no I voting No, no voting Present. Senate Bill 628, having received ! I 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day MaY 1995 the required constitutional majority, ts declared passed. Senate Bill 630. Senator Rauschenberger? Out of the record. Senate Bi1l 636. Senator Parker? Out of the record. Senate B111 653. Senator Dudycz? Madam Secretary, please read the bill.

Senate Btll 653. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

Thank you, Mr. President. Senate Bill 653 allows persons in the Cook Counky penston fund who are employed by the Cook County State's Attorney's Office to transfer credit from the Chlcago police fund to the Cook County fund . The transfer shall consist of employee contributions plus interest, employer contributions, plus any interest paid to reinstate the contributions. Any employee transferring service from *he Chicago pollce fund shall terminate thelr participation in that fund under date of transfer and allows these same individuals to repurchase credkt refunded under certain conditions. These employeesz upcn transferring into the Cook County fundr are responsible for any differences in the amount transferred and the amount that would have been paid into the Cook County fund. It allows the time transferred tc be deemed service as a menber of the county police departmenk. I know of no opposition: and 1 would seek your support on this bill. PRZSIDING OFFICERI (SENATOR WATSON) Is there any dkscussion? Senator Cullerton. END OF TAPZ 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY l REGULAR SESSION SENATE TRANSCRIPT 41st Leglslative Day May 2, 1995 I I I I i

Would the spcnsor yield? . 1

PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he'll yield, Spnator Cullerton.

Senator, could you explain the buyback provisions of this bill? And also, if you know, how many people Would be affected by this bill?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz.

1 am told that it's just a handful of people that are affee*ed by this, Senator Cullerton. This is -- the transferrin: of the pension fund would be from the police pension fund into Cook County fund by police offlcers who are empkoyed by the Cook County State's Attorney. This is a request of the Sbate's Attorney -- of the Office of the State 's Attorney. The employee contribution -- the employee would be paying the contributions plus interest, the employer contributions plus interest. Plus: anybody transferrin: the service from the police fund shalk terminate from that fund when they transfer into the -- the County fund .

PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.

Yesr one other question. Would thls only apply to people Who were police offtcersp or would it apply to the secretaries and the clerks as well?

PRESIDING OFFICER: (SENATOR WATSON) Senator Dudycz. 43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 I I SENATOR DUDYCZ: j Okay. It -- it applies to persons whc are employed by the i I I Office of the Cook County State 's Attorney as of January 1991 to I transfer funds from the police pension fund to the cook county I pension fund. Theoretically, anybody who Would be covered undpr the police pension fund as of January of this year would be qualified to transfer then into the County fund.

PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Seeing none, Senator Dudycz, do you wish to close? The question is, shall Senate Bill 653 pass. Al1 those in favor vote Aye. Opposedr vote No. The voting is open. Have all voted who wish? Have all voted who wish? Have al1 voted Who wlsh? Take the record. On that question, *here are 57 vottng Xes, no voting No, no voting Present. Senate Bill 653, having receivpd the required constltutional majorityr is declared passed. Senator sieben, for what purpose do you rise?

On a point of personal privilege.

PRESIDING OFFICER: (SENATOR WATSON) State your potne, Senator.

Thank you, Mr. President, Ladtes and Gentlemen of the Senate. In the gallery directly behind me are a group of Students from Geneseo High Schocl, which is in my district and also my hometown. Students are here with their teachers, and I'd like the Members of the Senate to recognize Ehese ffne sEudenEs from Geneseo High School.

PRESIDING OFFICER: (SENATOR WATSON) Very good . Will -- would you stand? And we -- We welcome you here to Springfield. Senator Geo-Karis, for what purpose do you rise? j SENATOR GEO-KARIS: I I 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 20 1995 On a point of personal prlvilege. j i PRESIDING OFFICER: (SENATOR WATSON) I 1 Please state ycur point, Senator.

Mr. President and Ladies and Gentlemen of the Senate, today we have with us the first lady Mayor of the City of Sprlngfield, and she'll be serving to the end of this Session and dolng double duty, but we're dglighted to honor and congratulate Karen Hasara upon belng the first lady Mayor of the City of Springfield, Illinois. I think it's a real pkus.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara, please stand and be welcomed by the Senate. And congratulations. senator Hasara.

Thank you very muchp Mr. President. And I certainly appreciate the attendance of so many of you last niqht at -- at our swearing-in ceremony. Remember: When Session's over, I'm Eeally just moving down the street five blocks. So 1'11 certainly be around . Thank you.

PRESTDING OFFICER: (SENATOR WATSON) Thank you. We dre on page 7, and we're on -- on Senate Bill 657. Senator DeAngelis. Out of the record. Senate Bill 658. Senator DeAngelis. Out of the record . Senate Bi11 662. Senator Cronin. Senator Cronin on the Floor? Out of the -- out of the record. Senate Bill 674. Senator Karpiel. Ou* of the record. Senate Bill 677. Senator Bowles. Madam Secretary, please read *he bëll.

Senate Bill 677. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER i : (SENATOR WATSON) j 45  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 Senator Bowles.

Thank you, Mr. President. Senate Bill an amendment to the Public Aid Code concerning child support payments. The problen that exksted with the Illinois Public Aid Conmissicn has been resolved by -- by Amendment No. 1. It retains the original bill, but it rewrites tt. And the purpose of this bill ls to correct what -- a problem that now exists that a person is maklng child support payments and is no longer able to continue making those payments but has rejoined the family unlt and becomes eligible for Illinois publlc aid: that the -- this amendment reunifies the family. Thls bill came out of the Public Health and Welfare Committee at 11 to nothing. I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Senator Geo-Karls.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WATSOK) Sponsor indicates she will yield, Senator Geo-Karis.

understand this bill correctly: does it mean that a -- let's say a noncustodial parent rejoins the family to which he paying the custody mcney. 1911 repeat My understandin: - see if I'm correct on your bill indlcates that a noncustodial parent who's been paying support, tf he jotns -- he or she joins the family again, who ls receiving the support, would not have to pay lt through to the Public Aid agency?

PRESIDING OFFICER: (SENATOR WATSON) Senator Bowles.

That is correct, Senator Geo-Raris. It -- -- pardon? 46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995

PRESIDING OPFICER: (GENATOR WATSON) Eurther discussion?

The person, of courser as -- to make clearr is that *he person rejoining the family unit Would be elkgible for Illinois public aid.

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

I had a question of the sponsor. PRESIDING OFFICERI (SENATOR WATSON) Sponsor indicates she'll yield, Senator Welch.

Now, if -- if a father is paying child supportr moves back in With the mother of his ehild, he then no longer has to pay child support. Is that correct?

PRESIDING OFFICER: (SENATOR WATSON) Senator Bowles.

If -- if the person Who rejoins the family unit would be eliglble for Tllinois public aid.

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

Who who determines whether the father is back living with the fanily? Is that an affidavlt of the motherr or just an affidavit of the father? Or how ls -- how is it determined the father is back living Nith the family unit?

PRESIDING OFPICER: (SENATOR WATSON) Senator Bowles.

. .. assune that it would be *he Illinois Public Aid caseworker  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 j . j who would be made aware of that. I PRESIDING OFFICER: (SENATOR WATSON) 1 Senator Welch. 1 SENATOR WELCH: . So we're going to have caseworkers going out checking just to make sure the father lives where there's supposed to be child support payments belng made to the -- the mother?

PRESIDING OFFICER: (SENATOR WATSON) Senator Bowles.

I woukd not think so, Senator Welch. I don't think that that ls a partlcular function and only functlon of the Illinois Public Aid caseworkers. Most of them have such a caseload noW that it's very difficult for them to keep up with a11 of the families that are assigned to them .

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

I agree. I agree one hundred percent. In -- ln many of the child support cases I have handled, you know, When there is a public aid payment going to the noncustodial father: you don't really g9t much eooperation from the -- from the mother - the recipient - as long as she's getting publlc aid payments. So I don't -- this seems to me to put an awful burden on the Department of Public Aid to make sure that the -- the noncustodial father is - - is living in Ehat family unit. There is -- what's the incentive Eor the mother of the child to -- to not say that he's living there? Why -- why wouldn't she say that, ''Oh# yeah: he's back living w1th usd'?

PRESIDING OFPICER: (SENATOR WATSON) Senator Bovles. Senator Bowles. Senator, there's a -- there's a problem with your microphone. Senator Bowles, at 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT , 41st Legislative Day May 2, 1995 Senator Clayborne's nicrophone. I SENATOR BOWLES: I i Thank you. When the noncustodial parent returns to the famtly I 1 unitv Senator Welch, and is no longer . in a position to make I 1 support payments to the famlly, ae that point/ the person themselves would apply to the Illinois Public Atd for their eligibility rating. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Hendon. SENATOR HENDON: Thank you, Mr. President. I rise in support of this legislation. We would -- we shculd be trying to reunify families. I think that that ls a part of what the Republican agenda has been about. And thls is a very gccd bill that w1l1 help reunify families. Clearlyr the person has to quallfy for public aid and that ls a check and balance in and of itsglf. So I ask that all Members of this Body support this progressive legislatlon which reunifies families. Thank you. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further dlscussion? Seeing none, Spnator Bowles, to close. Senator Bowles, at Senator Clayborne 's microphcne. SENATOR BOWLES: Thank you, Mr. President. I Would ask for an affirmatlve vcte on this. I think the premise of the bill - tc reunify the families - is the key and the fac: Ehak Illinois Public Aid and the Publtc Welfare Committee were all in agreement as to the merits of this bill. Thank you. . PRESIDING OFFICER: (SENATOR WATSON) The questlon is, shall Senate Bill 677 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have all votedwhowish? Havea1lvotedWho j 49  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislattve Day May 2, 1995 wish? Take the record. On that question, there are 57 voeing Yes, no voting No, no voting Present. Sena*e Bill 677, having received the required constitutional majoritye is declared passed. Senakor Maitland, on Senate Bill 682. Senator Maitland? Senator Maitland on the Floor? Out of the record. Senate Dill 698. Senator Palmer? Madam Secretary: please read the bill.

Senate Bill 698. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Palmer.

Thank you, Mr. President. This Bill 698 requires all chlld care center licensees and enployers <sic> who are required to report child abuse or neglect under the Abused and Neqlected Child Reporting Act to attend training on recogntzing child abuse and neglect, as prescribed by DCFS rules. The intent of this bill is to make sure that child care providers have adequate training in the identifieation of child abuse and neglect cases, and DCFS will set the rules ko determine the type of trainingy duration and so forth. 1'11 be happy to answer any guestions. PRESIDfNG OFFICER: (SENATOR WATSON) Further discussion? Senator Donahue.

Thank your Mr. President. Questioa of the sponsor.

PRESIDING OFPICER: (SENATOR WATSON) Sponsor lndicates she will yleldr Senator Donahue.

Thank you. We have no problem with the ldea of the training and everything. fact, We think a good ideay but we have -- who Nll1 pay for the cost of the training? 50  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 2, 1995

PRESIDING OFFICER: (SENATOR WATSON) I Senator Palmer. SENATOR PALMER: I The day care providers themselvqs W#ll pay for thls. Their concern is that there are sc many abuse cases now coming before 1 them thak they don't Want to make a mistake and end up reporting something that is not clearly a case of child abuse. They want to be better Erained than they have been.

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

Thank you. We just needed that for the record, and we wculd -- we would suppcrt the piece of legislatton. Thank you. PRESIDING OFFICER; (SENATOR WATSON) Further discussion? Senator Palmer, to close.

Thank you. I would just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bll1 698 pass. Akl those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted who wish? Have al1 voted who Wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yes, no votin: No, no vottng Present. Senate Bi11 698, havin: received the required constitutional majorlty, is declared passed. WICS-TV requests permisslon to tape in the qallery. Does -- pernission granted? Lgave is granted. I'd like to have Senate Bill 709: sponsored by the individual in the Chalrr I'd llke to have leaveoftheBody to go backto that at another point in 1 time. Thank you. Leave is granted. Senate Bill 716. Senator -- Senakor DeAngelis? Senator DeAnqelis: dc you wish this bi11... Madam Secretary, please read the bill. ACTING SECRETARY HAWKER: I 51  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 Senate Bill 716. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WASSON) Senator DeAnçelis. SENATOR DeANGELIS: Thank you. Thank your Mr. President. Senate Bill 716 is an attempt to resolve an issue that has festered far too long and has resulted in some rather productlve and unproductive activity, created a significant amount of turmoil in the auditing by the Department of Revenue. It simply does what does With the rest of the rolling stock and that is that it creates a sales tax exemption for those school buses that are used Eo provide interstate transportation as may occasionally be needed by those schools pursuant to a contract with those schools. Right now under law, there is no definition in thls partlcular category . And what happens is that the Department of Revenue spends countless hours trying to extract a few pennies from these transportation companies, and then they usually end up before a hearing officer and then they sonetimes end up in coure. say that the school -- if the Department of Revenue has no definition on how they should be taxed, they shouldn't be taxing them. Be happy to answer any questions.

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

Thank you, tadies and Gentlemen of the Senate. rise in opposltion to the b11l. I believe that the point Ehat was made by the Department of Revenue in our hearlngs is a valid one. First of all, their estinate is that this is going to cost the taxpayers two mllllon dollars a year. But even more inportant, I would suggest to you, is the definition that is being used in the bill 52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLT ! REGULAR SESSION SENATE TRANSCRIPT ! 41st Legislative Day May 2, 1995 j that's before usy Senate Bill 716, versus the present measure. And what we're talking about here ls that if a school bus ls used, I quote, ''in a regular and frequent manner for interstate commerce''# : then it will be exempt. That means that if a school bus is used ' .. i regularly and frequently across State lines - Illinois to Wisconsin, Illinois to Indiana, Illinois to Kentucky, whatever - ' j ' regularly and frequently, it will not be subject to -- to the tax. j This bill changes regularly and frequently to the phrase ''occasionally be needed'' - ''oecasionally be needed''. And I've got to suggest to youy if I was the attorney for the owner of the school bus, if they take lt across the State line once a year, that's occasionally as needed, and that would exempt thec from sales -- from our sales tax oblkgation from the Deparbmen: of Revenue. That doesn't make sense to me, Ladies and Gentlemen. I think that if it's -- it should be exempt if it is regularly and frequently used acrass State lines. If it's not regularly and frequently used, it ought to be taxed . For that reason, I rise in opposition to Genate Bill 716.

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

Thank you, Mr. President. You know, this is one more change in the State tax structure. A couple days ago, Senator DeAngêlis, you were standlng up wlth a bill that was going to make uniform real estate tax assessments throughout the State of Illinoks. And as I reeall, you said that you wanEed to eliminate the glitches throughout the State to make it uniform. We were, at that point, followlng the Taxpayer Federation's uniformity plan. But now, here we have one more exemption - one more exemption. We fve had more exemptions from the sales taxes. Wedve had over three billion dollars in exemption from sales taxes here in the State of Illinoks. And it seems to me that, at somp poinE, we should treat 53 . ) '  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT I 41st Leglslative Day May 2, 1995 I I everybody the same. There ks always going to be some group that 1 should have an exemptlon because, oh, they're doing some gocd i here; they're doing some good there. But as you recallr there was 1 just a report issued by the State Comptroller - your candldate, 1 Loleta Didrickson - who just issued a very thick repcrt showing a11 the exemptions in the State of Illinois. I think the conclusion of her report, at least lmplied if not spoken, was that there are too many exemptions. :ut here we are once again. One more exemption. Less mcney for the State coffers and more money out of the individual taxpayers' pockets, because that's what it's going to result in. It seems to me, Senator DeAngells, that -- that you have been leading the league here in tax exempttons. Between last year and this year in the Revenue Committee, we've had more exemptions from sales taxes and other taxes, for whatever reason, than I've seen in my thirteen years here. So , I want to congratulate you for that title and wish you good luck and hope We vote No.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator O 'Dantel.

Thank you, Mr. President and Members of the Senate. I rise in support of this bill. We had this in Revenue. And, ycu know, We . have a unique State here, and -- and down in the southern tip of Illinois, where -- there isn't hardly any area for the -- them to take their buses for repairs and the like, unless they go over to Paducah, or Cape Girardeau, or across to Evansville. Same way when they take children to activities down ln that area, if they don't go across the State line down tn *he southern Eip of Illinoisr it really works a hardshlp on them and they have hardly anyplace to go. I think this is a good piece of leglslation, and it doesn't affect that much, and we should pass it.

PRESIDING OFFICER: (SENATOR WATSON) 54  o STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 Further dtscussion? Senator Palmer. SENATOR PALMER 1 : Thank you: Mr. President. I rise in opposition to this bill. 1 I I certainly synpathize Wtth those school buses that are caught I between a roek and a hard place on thls issue, but I think this is 1 a bad precedent to start. What it is dolng ls equating school 1 buses - those who have occaston to cross State lknes periodically but do not flt into the definition of regular and frequent in the way it is decided by the Department of Revenue - equating them with the major interstate buses, and I think that that is a bad precedent to start. This is -- creates a very narrow exemption from State taxes. And I think that it is a bad thing to begin, and I suggest that we vote No on lt.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing nane, Senator DeAngelis, tc close. SENATOR DeANGELIS: Thank you. fenator Welch, I think you and I have a -- a major difference between an exemption and a repair. I don't know lf any of you have ever been audited by the IRS, but I want to cite to you one instance, 'cause this fs uhat happens With the bus companies. gack many years ago, before I came into government, I belonged to a country club. I still do: but at that time, my kids would go to the club and they would slgn a ticket for fifteen cents for a candy bar. So I got audited by the IRS, and T had a - - stack of tickets about this high - ftrst of all, I was stupid enouqh to keep those tickets - and they equaled about four hundred and eiqhty dollars. But then I had another pile of tlckets abou: this high, Nhich included our eompaay Christmas party, Which cost seven thousand dollarsy and the auditor at the IRS sald: HYou know What? These are a1l invalkd because we have a higher frequency here than we have here.''So the fcur-hundred-and-eighey-dollar I frequency pile threw out about twenty-twc thousand dollars' worth I i 55  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 41st Legislatlve Day May 2, 1995 of tax exemptions. This is exactly the same story with this. ' First of all, the carrier Would not seek a license for interstate I to take one trip to avold the sales tax. That's ridiculous. That i I llcense costs a lot of money. I Butwhathappens: Iwalkedintoa school bus carrier's offlce one day and I found Ehree auditors 1 from the Departmen: of Revenue eating rolls, drinklng coffee and chewing gum, and I said hi to them in a cordial way. They Were in a nice, comfortable setting, and I said, HJohn: how long have they been here?'' He said, ''Nine months.'' I said, ''Nine months?'' And I said, ''I would have'' -- ''If theytre there that long, I'd put them in a garage in an unheated room.'' The fact of the matter is, theress so much ambiguity that nobody knows vhat you're auditing; you don't know what it's golng to be, and you end up in litigation. 1.9 million dollars lost. I want to tell your you rre going to save that in personnel hands down. But I tell you: you knowr what's so Wrong with -- that you -- Whak's so wrong about knowtng how you're going to be taxed? Instead of having three auditors here that come in and decide you're qoing to be taxed, and down the street, three other auditors may dgcide you should not. This ts simply trying to clarify by eliminating this sales tax that's ylelding very little, costing a lotr and ts grossly unfair. I ask an Aye voke.

PRESTDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 7l6 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who Wish? Have a1l voted who wish? Have al1 vcted Who wish? Have all voted who wish? Take the record. On Ehat question, there are 22 voting Yes, 34 votin: No, l voting Present. Senate Bill 716, hav#ng not received the required constitutional majority, is declared failed. Senator Lauzen seeks leave of the Bcdy to return senate 3111 720 to the Order of 2nd Readlng for *he j I purpose of an amendment. Hearing no objection, leave is granted. I I 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 41st Legislative Day May 2, 1995 On the Order of 2nd Reading is Senate Bill 720. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 2, offered by fenator DeAngelis.

PRESIDING OPFICER: (SENATOR WATSON) senator DeAngelis, on Amendment No. 2. GENATOR DeANGELIS: Thank you. First of I'd like to commend Senator Lauzen for being a very cooperative sponsor. The amendment is quite lengthy: but it basically kakes out some of the kinks that we thought might be there in the bill as lt was first introduced.

PRESIDING OFFICER: (SENATOR WATSON) Any further dlscusslon? Senator Collins, on the amendment?

Okay. I'm sorry . 1111 -- T'1l deal With it on 3rd Reading.

PRESIDING OFFICER: (SENATOR WATSON) Very good. Senator Lauzen, do you wish to speak to the amendnent? A1l thcse in favorr say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Readlng. Senator Lauzen seeks leave of the Body to return Senate Bill 726 to the Order of 2nd Reading far the purposes o' an amendment. Hearing no objectton, leave ës gran6ed. On *he Order oc Senate -- 2nd Reading is Senate Bill Madam Secretarye are there any Ploor amendments approved for consideration?

Amendment No. 2, ofcered by Senator Lauzen.

PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen. 57  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995

Amendment No. Senate Bill 726 puts in the agreement that's been reached between the Department of Revenue and the Illinois ReEall Merchants Association on the late penalty and interest amounts. just ask for its adoption.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discusslcn? Seeing none, those in favor, say Aye. Opposed, Nay. The Ayes have it# and the amendmeat is adopted. Are there any further Floor amendments approved for consideratlon: Madam Secretary?

No -- no further amendments reported.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 727. Senator Cronln? Senator Cronin. Are you on the Floor, Senator Cronln? Ou* of the record. Senate Bill 728. Senator Woodyard. Out the record. Senate Bill 739. Senator Butler. Madan Secretary, please read the bill.

Senatg Bil1 739. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Butler.

Thank you, Mr. President. Ladles and Gentlemen, Senate Bill 739 makes some changes tn Ehe Personnel Records Act <s1c>. Back when the Act was first created, there Were several provisions that were so poorly worded and so unclear that the Supreme Cour: ruled the entire Act unconstitutional, bu* in 1987, the General Assembly trled again and removed the provision that th9 court thought was invalid. But in *he ensuing years, there still have been some problems. 6o we've -- I thlnk kefve Worked out the problems, and 58  1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 41st Legislatlve Day May 2, 1995 ! . ( I we do have an agreement between labor and management. Particularly, the IEA had a prcblem with one provision. Essentially what it does is to -- is to make clear What the qmployer -- the relationshlp between the employer's personal records and that which the employee can easily have access to. It - - it adds some language clarifying wages and salaries an employee might learn. It makes -- or, excuse me, disclosure of -- of comments fron previous employers -- clears up that matter. The -- the IEA had particular trouble W1th cne relating to grkevanee procedures and that has been taken out. So as far as I know, nost are very happy Wtth the changes wesve made, and I would urge your approval. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Garcia. SENATOR GARCIA : Thank you, Mr. President. Wcukd the sponsor yield for a question? PRESIDING OFFICER: (SENATOR WATSON) Sponsat indieatgs he will yield, Senator Garcia. SENATOR GARCIA : Thank you. Senator Butler, under your billy would it still require that an employee who wishes to inspect his ar her personnel records, that they make the request in writing? PRESIDING OFFICER: (SENATOR WATSON) Senator gutler. SENATOR BUTLER: Yes. PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Senator Garcla. SENATOR GARCIA: Another question: Does it also provide that an employer representative be present when an employee is expecting -- is 59 ' . z' . I ! I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 l 41st Legislative Day May 2, 1995 inspecting his or her records? PRESIDING OFFICER: (SENATOR WATSON) Senator Butler. SENATOR BUTLER: Yes. PRESIDING OFFICER: (SENATOR WATSON) Senator Garcia. SENATOR GARCIA: And, thirdly, does it still provide that any informatlon from a previous employer or any third party - even your next-door neighbor - regarding the employee's job qualifications or job performance can still be in your personnel record? PRESIDING OFFICER: (SENATOR WATSON) Senator Butler. SENATOR BUTLER: Well, Senator, they'd be ln your personnel reeords, but they'd be exempt from the items that an employee would inspect -- or could inspect. Excuse me. PRESIDING OFFICER: (SENATOR WATSON) Senator Garcia. SENATOR GARCIA : That's what I thought. I rtse in opposition to this bill for several reasons. First of all, the bill addresses an Act that had, ln 1987, been ruled unconstitutional in a case known as Spinelli v. Immanuel Lutheran Evangelical Congregation, where the court found that the broad and ambiguous language of that law, the Legtslature failed to provide an adequate guide concernln: what an employer may properly refuse to disclosey as it Was not clear what documents or employee could rlghtfully inspect under the provisions of the Act. The tWo Sections vlolated due process. Now, thts -- the subsequent action by the Legislature has never been tested in courte so we don't know lf it adheres to the I 6: I I  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 41st Legislative Day May 2, 1995 Constitution. But I'd also like to pctnt out that this Act cnly covers public employees and those employees who work the field education who are covered under the Public Relatlons -- Labor Relations Act and the Education <sic> Labor Relations Act; however, neleher of thcse Acts talks about inspection of records. Finally, would llke to point out that whfle the Illinois Edueation Associatlon is neutral on the bill, tha: the AFL-CIO is still opposed to this bill, and that's why I would urge a No vote. Thank you.

PRESIDINC OFFICER: (SENATOR WATSON) Is there further discussian? Further discussion? Senator Butler, to close.

Thank you. In ckosing, let me point out to -- that the purpose of this bLll ls to continue to perfect the -- the bill Ehat was passed in 1987. It's true; it hasn't been Ehrough the Supreme Court, but I -- 1411 tell you, it has not been challenged, Which ls Ehe most important polnt. The -- as I mentioned, the IEA has wrltten -- has signed off on this. I -- I don't know why the AFL-CIO is against it. Secondly, -- you mentioned thaE this covers public employees only. It does not. It covecs all employers.

PRESIDING OFFICER: (SENATOR WATSON) The question shall Senate Bill 739 pass. All those in favor, vote Aye. Opposed, vote No . The voting is open. Have a11 voted who wish? Have a1l voked who wish? Have al1 voted who Wish? Take the record. On that questlonr there are 31 voting Yes, 25 voting No, voting Present. Senate 9111 739, having received the required constitutianal majority, is declared passed. Senator Garcia, for what purpose do you rise?

Mr. President, would like to move for veriflcation of the 61  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 2, 1995 roll call.

PRESIDING OFFICER: (SENATOR WATSON) Senator Garcia has requested a verification. Will Senatcrs please be in their seats. The Secretary will please read the affirmative votes.

The following Members voted in the affirmaEive: Barkhausen, Burzynskie Butler, Cronin, DeAngelis, Donahue, Dudycz, Ralph Dunn, Fawell, Fitzgerald, Geo-Karis, Hasara, Karpiel, Klemm, Lauzen, Madigan: Mahar, Maitland, O 'Malley, Parker, Peterson, Petka, Raica: Rauschenberger, Sieben, Syversonr Walsh, Watson, Weaver, Woodyard, and Mr. Presldent.

PRESIDING OFFICER: (SENATOR WATSON) Senator Garcla, do you question the presence of any Member?

Yes. Is Senator Weaver here?

PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver? Senator Weaver. Senatcr Weaver? Strike his name .

Senator FiEzgerald?

PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald? Senator Fitzgerald is in the phone b00th.

Senator Rarpîel?

PPESIDING OFFICER: (SEHATOR WATSON) Senator Karpiel the back of the room .

SenaEor Watson?

PRESIDIXG OFFICER: (SENATOR WATSON) He's in his chair.

62  STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 ïes, he is. Senator Fawell?

PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell is in the aisle. On a verified roll call, the - - the Ayes are 30 res, 25 No# l voting Present. Senate Bill 790, havin: received the required constitutional -- 739 - I beg your pardon 739, having received the required constitutional majority, is declared passed. Senator Hawktnson, for what purpose do you rise?

Point of personal privilege. PRESIDING OFFICERS (SENATOR WACSON) Please state your point.

Mr. President, I was on the Senate Floor lobbylng for another bl1l and didn 't get back to my switch . Had I Would have voted Aye.

PRESIDING OPPICCR: (SENATOR WATSON) Very good. Thank you. Senator Dudycz, do you seek leave of the Body to return Senate Btll 747 to the Order of 2nd Reading for the purpose of an amendment? Senator Dudycz does not necessarily seek leave. Yes, he dces. gearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill Madam Seeretary, are there any Floor amendments approved for eonslderation?

Amendment No. 2, offered by Senator Dudycz.

PRESIDING OFPICER: (SENATOR WATSON) Senator Dudyez.

Thank you, Mr. President. Senate Floor Amendment No. 2 deletes the bill and amends indecent solicitaEion of a child and indecenE solicitation of an adult include solicitaEion in 63  SQATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 persan, in writing, by telephone: computer or other electronic means. This is beins submitted at the request of the Judiciary Committee to eonrorm with current Statutes.

PRESIDING OFFICER: (SENATOR WATSON) there any discussion? Any dlscussion? Seeing ncne, a11 those in favor, vote -- a11 those in favcr, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Ploor amendments approved for eonsideratian?

No further amendments reported, Mr. Presldent.

PRESIDING OPPICER: (SENATOR WATSON) 3rd Reading. Senate Bil1 -- 749. Senator Maitland. Senator Maitland? Out of the record. Senate Bill 753. Senator Berman. Madam Secretary, do you wish Senate -- Senator Berman, do you wish Senate Bill 753 returned to the Order of 2nd Reading for the purpose -- of an amendmen*? Senator -- leave is granted. On the Order of 2nd Reading iB Eenate B1ll 753. Madam Seeretary, are there any Floor amendments approved for consideration?

Amendment No. 1, offered by Senator Berman.

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

Thank you, Mr. President. Amendment No. l is at the request of the Cook County Assessor's Office. Allows a list of parcels of property for which certifieates of error have been lssued to be presented Eo the court as an objection to a tax sale. It clarifies the lanquage regardlng those proceedlnss, and I move the adoptlon of Amendment No.

PRESIDING OFFICER: (SENATOR WATEON) Is there any dlscussion? Any discussion? those in favor, say Aye. Opposeds Nay. The Ayes have and the amendment is 64  STATE OF ILLINOIS . 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 adopted. Are there further Floor amendments approved for conslderation? I ACTING SECRETAR, HAWKER: 1 ' I No further amendments reported , Mr. President. i

PRESIDING OFFTCER: (SENATOR WATSON) 3rd Reading. Senate Bil1 760. Senator Lauzen? Madam Secretary, please read the bill.

Senate Bill 760. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR WATSON) Senator Lauzen.

Thank youy Mr. President. Senate Bill 760 allows the Toll Highway Authority to administratively adjudicate violations for failure to pay tolls. Currently there's about tWo milllon dollars that the toll system loses annually. Current 1aw states that anyone convtcted of Eoll evasion is guilty of a petty offense and shall be fined not Less than five dollars or more than a hundred dollars for each offense. What Ehis does is it helps the tollway system collect the proper amount of tolls.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? Tf not, the question is, shall Senate Bill 760 pass. Al1 those ln favor, vote Aye. I beg your pardon. Zena*or Collins has a question or a comment.

Question of the sponsor please 1 .

PRESTDTNG OPPICER: (SENATOR WATSON) 1 i l The sponsor indicates he Will yield, Senator Collins. 1 I i SENATOR cobLlss: ! ! 65  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 Would these violatkons apply to those toll areas: the toll 1 I I gates, that -- that if you eome up at a certain exit, you're traveling and you don't necessarily know that a toll is there, and you have to have the eorrect change to come back -- to get out, would that a/pky up to a hundred-dollar fine in those instances? Because I -- I find myself in travel not knowing that there is a toll exit -- those little gates that cone up, that you don't have Ehe direct chanqe to put in there, and there 's no way to ge* out. Although, in many instances, *he qates are up and -- and people that don't have the change, they don't have any choice. You can 't go backwards, so you tve qok to go forward. And someone should be there or something should be there for change -- for maklng change. And so what you're saying: as you travel throughout this State, you have ko know every place Where there is those little toll gates, where you come up on exits. That's almost impossible, because there are no maps, to my knowledge, that idenkify those toll exits Where theyire unattended.

PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.

To answer your question: Yes, this does apply to those toll booths. And, no, I am nct saying that every person needs tc know where a11 these -- you know, what the toll amounts are at every place. There is a system -- and, naturally, it's a legitimate concern. T've had the same problem myself as I've come to, unexpectedly, and sometimes when I haven't had the right amount of change. There needs -- there 's going to be a set of rules that has to go Ehrough a filing with the Secretary of State, going through the notice and public hearing process, and then receive approval through JCAR so that it's a reasonable set. If I'm no* mistaken, the waY that -- that that one is handled , you know, where you come toan exitwhere it'sfifteen centsand you don't 1 66 . .y '  STATE OF ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslative Day May 2, 1995 have it, if you flnd that, you get an envelope at the next place to take care of that.

PRESIDING OPPICER: (SENATOR WATSON) Further discussion? Senator Colkins. I Senator, that ls absolutely not Erue, that you :et an envelope I at the nextplace What next place? Youfre going off and you're . 1 I going to wherever your destination is, and there is no next place. And I -- and I think everybody should pay attention here. I am not advocaEing that -- that anyone should violate any laws. If it's the law, we should abide by ity and if lt's unjust: we should change it. But this is what we're doing. Now you're setting the situatton up where you can -- a totally unregulated agency here to charge people up to a hundred dollars to go through an untended - an untended - toll gate that have to have dlrect change that you as a traveler -- as the sponsor satdr he 's been caught into those situations. I know I have been caught into those situations, and there's no exit, unattended, no provisions to make change and you come up and you have to put fifteen cent or ten cent into a toll gate and you -- and if you don't have it, you can be charsed up to a hundred dollars. I think that is -- that is an overkill. We ought to put some protecelons in herer some guidelinesy so that they can, in fact, establlsh rules: so that the tntent of tbis law can be very, very clear that those unattended toll gates and those where you -- where you can't make any changer that the people will -- will have some latltude or some other option there Eo ensure that they send in that fifteen cent - that's a11 - and not be fined a hundred dollars.

PRESIDTNG OFFICER: (SENATOR WATSON) Fur*her discussion? Senator Jacobs. I I SENATOR JACOBS: ' I Thank you, Mr. President, Ladies and Gentlemen cf the Senate . ' I 67  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 I had talked to Senator Lauzen on this bill because T shared some of the concerns that Senator Collins had. I have -- I don't have I I any tollways in my district, so it's not even a b#g issue with me. I I I do have some problems which I expressed tq -- to the sponsor. T I I have one just very basic one. 1 don't believe in spy cameras. That's number one. So, we have that in there. The other thing is - - is that it dces put, as Senator collins indicated, tremendous onus on the driver to make sure that, when they get back on the freeway withln a reasonable period of time, they pick up one of these envelopes, that they -- they mark down - they have to have a pen to mark down - whichever toll b00th they night have went through and all of these good things. In my dlscussions with the Senator, I think we got the impression that we -- that there was going to be an attempt to try to work out some of those problems that may exist, in order to be able to explain to the drivers how they can use these -- these envelopes and what procedure they have. And the commitment that -- that I understood Was avallable, that we was gotnç to continue to look at this and pass it on, and continue to look at it to perhaps see if We couldn't do something to take that onus off the driver. Because it ls a tremendcus onus. And I'm not going to stand in the sender's Way, but I thlnk it -- it has scme -- some reservations on the blll.

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

Thank you very much. I happen to have two of these tollway highways tn my district, and up until just recentlyr I had three of them in my district out of the four. So thts is a fairly common occurrence in my -- in my area. What this bill says is that the defense -- the offense would have to be detected by the I Authority's video surveillance system. That: in effect, ls a I j video camera that may or may not be at a location. They move I I I 68  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 2, 1995 these cameras around. It also says that it has to be -- it has to I be a preponderance of the evidence. So it seems to me that I there's enough safeguards in this bill that it's not going to be done willy-nilly. It is a problem with the tollway. The tollway right now is losing approximately two million dollars every year because people are refusing to -- or -- or going through Ehese toll booths without dropping their money in. It's a matter of thirty-five cents most of the time. I have run into the same problem as Senator Collins where I do not have thirty-five centsr and I think so far the tcllway -- highway department is -- probably owes me five or ten dollars, at least: in extra monies that I have thrown into the b00th because I didn't have the exact chanqe. Seeing as this ls a tremendous loss of money thouqh to the tollway, it seems tc me this is a logical bill and should be voted Aye.

PRESIDING OEFICER: (SENATOR WATSON) Further discusslon? Senator Parker.

Thank you, Mr. Chairman and Ladies and Gentlemen of the Sena*e. I just want to rise in support of this bill. We just had a bill previous to this where we voted it down because we Were concerned that the school bus companies were not going to be paying their taxes when they should be paying to the State of Illincis. Here We have almost tWo million dollars that is not colkected from people who ghould be paying their tolls, and this glves us an opportunity to get that money back. And I don't think iE's cumbersome, and I understand the concerns when you get to an exact toll change, but you can put in an extra nickel or a dime if you happen to come upon that situation. So I think we should vote Xes on this bill. PRESIDING OFFICER; (SENATOR WATSON) ! Further discussicn? Further discussion? geeing ncne, Sena*or 69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 Lauzen, to close. SENATOR LAUZEN: 1 Thank you, Mr. President. Cerkainly I appreclate the concerns l I that have been raised. I've -- I'vq experienced each one that's : been mentioned. I appreciate the statements of support. When we do use the tollway system, we're responsible for paying the toll. There have been measures put into this bill where they should mitigate the problems that people will experience; for instance; an 800 number. If a person has a problem they can call up. Reasonable rules will go throuçh a certain set of cbannels before they're implemented. So with those safeguards in place -- we also have states of California, New York, Texasy Oklahomaz Florida and Colorado uslng them. So wlth that, I'd ask for an Aye vote .

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 760 pass. A1l thcse in favor, vote Aye. Opposed, vote No . The voElng ls open. Have al1 voted who wish? Have a1l voted Who wish? Have a11 voted whc wlsh? Take the record. On that question, there are 56 voting Yes, no voting No, 2 voting Present. Senate Bill 760, having received the required constitutional majorlty: is declared passed. Senator Petka, on Senate Bill 7687 Out of the record. Senate Bill 775. Senator Parker? Out of the record. Senate Bill 782. Senator Hawkinson? Madam Secretary, please read the b111.

Senate Bill 782. (Secretary reads tëtle of b(ll) 3rd Readîng of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson. ! SENATOR HAWRINSON: I I Thank you , Mr. President. Senate Bill 782, as amended on the I I i Floor with the recommendation from the Education Committeer wculd I i 70 ' . ., .  STATE OP ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslatlve Day May 1995 abolxsh the Chicago School Code and the Chicago Finance Authority and put the Chicago schools under the same School Code that every other district ln the State of Illinois has. NoW thls is a Work in in progress, but -- because we will be amending it the. House. Por one thing, as a technical amendment, welre going to have to amend the resular School Code to take out the five-hundred-thousand-population requirement so that the Chicago schools would be under the same School Code as everycne else in Illinois. It ls also my intention and one of the reasons why I didn't puE in this form initially, I have no intention of -- of changing the Chicago school reform efforts, or abolishing the local school councils, or changtng the way that Chapter money is spent effectively locally. But it is my intention With this to set this policy, and this policy is as follows; We've had a change in control of the General Assembly in Springfield, and -- and many of us have felt that Sprlngfield running any local school system is wrong. And thaE many of *he problems that we have are caused by Springfield meddling the way not only the Chicago schools are runr but somettmes all of our schools are run. And it's my -- it's been my philosophy, since We Republicans took control: that We should not try and do a better job of running somebody else's schools; that we ought to say that the Chicago schools ought to be run by the parents, by the taxpayersr teachers, students, boys and girls, of Chicago, the same Way that a1l of us run our school districks downstate; that we should not try and ehanse the rules in this Body to micromanage the Chicago schcols in a Republican way, but we should say to the people of Chicaçor f'They 're your schools; you ought to havg the same rights and obllga*ions as everybody etse the State of Illinois.'' And that is the ultimate goal of Senate B1ll 782, as amended .

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Berman.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslative Day May 2, 1995 SENATOR BERMAN: I Thank you, Mr. President. 1 rise in support of Senator i Hawkinson's proposal, and I think, very importantly, the comments l 1 that he has made regardlng Springfield micromanaging the Chicago school systen is really a very, very Cmportant point. There are parts in the b1ll, as amended, which disturb me, but I have 1 1 discussed this with Senator Hawkinson and he recognizes, as do ' j many of us that live in Chicago, how important Chicago school 1 I reform isr that local school council activity and ccmmitment, the use of Chapter I money at the lccal level, are all important. He has indlcated his cancurrgnce with those polnts of view , and I think, again, we're talking about essentially a vehicle that will be amended ln the House, allow for additional discussions, as we move along, and hopefully come back with a bill out of the House that will reinfarce local controlz Chicago determining what should be done with Chicago children, and a method by Which we will allow 1 Chicaso schools to open in September and move forward With the education of our children. And I want the record Eo be very clear that those of us from Chlcago who vote Yes are doing it based upon a commitment from the sponsor that we -- that we respect and look I forward to working w1th him towards the final version of this 1 bill. I I PRESIDING OFFICER: (SENATOR WATSON) I Further disc 1 ussion? Senator del Valle. 1 SEHATOR dEL VALLE: Thank you. Thank you, Mr. President. Senator Hawklnson, j ' firsk I want Eo thank you for introducing this bill and for realky 1 1 putting forth an honest effort to deal with the situation in i E I Chicago, and this bill, I know, you put forth prior to the i Governoris plan belng made public. I need to ask you a couple of I 1 questions. The first one is: Is -- is this a plan that has been ! put in -- put together in consultation with the Governor's Office? i 72 ( *  ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 Is this part of that package, or is this your own initiative? 1 PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson. ' SENATOR HAWKINSON: i The -- the Governor is aware of my philosophy, the philosaphy behind tbis bl11, but this is not part of any package of anybody else. PRESIDING OFFICER; (SENATOR WATSON) Senator del Valle. SENATOR dEL VALLE: Senator Hawklnson, is it your intention, in amending this bill in the House, to protect and contlnue *he current structure of local school counclls? PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson. SENATOR HAWKINSON: Yes. PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Senator Hendon. SENATOR HENDON: Thank you, Mr. President. I rise in strong support of this Wonderful legislation. It's most honorable spcnscr. We know he wlll keep his word because he is an honorable gentleman, in modifylng this legislation. And I ask for an Aye vote. PRESIDING OFFICER: (SENATOR WATSON) Further dlscusslon? Senator Jones. SENATOR JONES: Yeah. Thank you, Mr. President. Will the sponsor yield? k PRESIDING OFFICER: (SENATOR WATSON) I ! Sponsor indicates he will yield, Senator Jones. SENATOR JONES : ! I Senator Hawkinson, you mentioned - I didn't get it all clearly i I 73 ' )  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 2, 1995 as it relate to the expenditure of Chapter I funds in here. Could you explain what you said? I didn't hear it quite...

PRESIDING OEFICER: (SENATOR WATSON) Senator Hawkinson.

What I indicated is I did not intend to change the Way We're funding schools or in any way adversely impact the expenditure of Chapter I dollars or any other dollars by this leqislation.

PRESIDING OPFICER: (SENATOR WATSON) Further discussicn? Senator Jones.

I'm trying to see what the legislatton that we have before usr not what your intents are, but what is in the legislationycause that law was written specifically tc target those dollars based on the enrollment, at the same timer the local school council approve. a little different than the way done around the rest of the State. Could you explain that to me?

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.

I'm told that the Chapter I dollars are in a different Section Eection 18-8 - and would not be affected by thks bill.

PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Further discusslon? Seeing none: Senator Hawkinson, to close.

I thlnk this is an tmportant step to send a policy message. It is not the final plan. We will need further amendment, as indicaEed in the debate. But think it's important for this General Assembly to adopt the policy that loeal areas ought to run their own schools. And that's true for ny school district, and it's equally as true for the Chicago School Districtm in that the  STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day ga# 1995 taxpayers, the teachers: *he studentse and the parentsy of Chtcago, ought to have the right as well as Ehe responsibility for thelr own schools. And I Would urge the Senate to adopt that policy and support Senate Bill 782, as amended.

PRESIDING OFFICER: (SENATOR WATSON) The question isr shall Senate Bill 782 pass. A11 those in favor, vote Aye. Opposed, votg No. The votin: is open. Have all voted who wlsh? Have voted who wish? Rave all voted who wish? Take the record. On thak question, there are 55 voking Yes, no voting No, votlng Present. Senate Bill 782: having received the required constttutional majority, is declared passed. Senate Bill 784. Senator Mahar? Madam Secretary, please read the bill.

Senate Bill 784. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Mahar.

Thank you, Mr. President and Members. During Sesslons past' Members of this General -- or, that General Assembly had the good sense to requtre that employees -- new school employees undergo a crimlnal background check based on name for a variety of drug and sex offenses. What this b111 does, very slmplyr is strike those references to name background checks and in its place put that the requirement be fingerprint background checks. There were three amendments added that -- that siqnificantly chanqed the scope of the bill. First of all, Ehe effective date is July the lsk, 1996. Secondly, the requlres that the cost for each fingerprint check be borne by the applicant, so there is no adverse effect on the school district. There is a positkve effect ' q STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! i 41st Legislative Day May 2, 1995 on the State of Illinois, because currently the State Board of Education's budget has a line item for three hundred and seventy-five thousand dollars fcr reimbursements of background checksr and that can be removed. And finallyr it grandfathers in a1l existing employees such that only applicants after the July 1st of '96 date would be affected. I'd be happy ta answer any questions, Mr. Presldent. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is, shall Senate Bill 784 pass. Thcse in favor, vote Aye. Opposed, Nay. The votin: is open. Have a1l voted Who Wish? Have a11 voted who wish? Rave a11 voted who wish? Take the record, Madam Secretary. On that questicn, there are 51 Ayes, 3 Naysr l Member voting Present. Senate Bill 784, having received the required constitutional majority, is declared passed. Senate Bill 787. Senator Severns. Senate Bill 788. Senator Karpiel? Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: Senate Bill 788. (Seeretary reads title of bill) 3rd Readlng of the b1l1. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karplel. SENATOR KARPIEL: Thank you: Mr. President. The bill does three things, as it's amended. First, lt allows any downstate forest preserve district to malntain and operate historic buildings and cultural education centers. Second, the bill would prohibit a forest preserve district from operating gift shops: cafeterias, snack bars and restaurantsr but wculd allow them to lease or contract out for such services. The bill, however, does grandfather in such operations that are in practice at the time the bill becomes law. E 76  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 And finally, the board of any forest preserve district may, by ordtnance and approved by a two-thirds vote of the membersr issue licenses for any activity directly connected with the purpose for which the forest preserve district has been created . Ask for your Aye vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? thete discusskon? Senator Lauzen.

Just a question for the sponsor.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she Nill yield, Senator Lauzen.

Actually, two questions. Flrst of ally does this move us farther or nearer to using forest preserves financing businesses?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator...

Does it -- does it get -- does it get forest preserves out of various businesses: or does it put them closer to being able to run these businesses?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel.

Well, it doesn 't actually do either. It opens up some actlvities that they cannot have now, such as the -- I belleve the historlc buildings and cultural education centers. But does not allow them to be operated by the forest preserves . These other things, such as restaurants and snack barsr et cetera, have to be privatized contracted out.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Lauzen.

77  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 ... thank you. And then, on final question: When a lease is committed in one of these forest preserves to a business that becomes profitable, then is that business required to pay the property tax on that leasehold inprovement?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel.

I -- I really don't know the answer to that, but the chairman of Ehe commitEee to which this goes said probably not, that would be part of the lease agreenent - the lease agreement.

PRESTDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Trotter.

Thank you very much, Mr. President. Will the spcnsor yleld? Yes. Senator Karpiel...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel indicates she'll yield.

Is there -- is there any statutory authority allowing these districts to operate these businesses now?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karplel.

Not explicikly in the Statutes now. One of the reasons for the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Trotter.

So we're actually grandfathering in something that's been illegally been going on up to this pcint.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel.  i E STATZ OF ILiiHOIï 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslaeive Day May 2. 1995 I

I SENATOR KARPIEL: Well, I don't know if it's illegal. I just think it's a gray area that we dre trying to clear up With this legislation. PRESIDING OFFICER: (SENATOR MAITLAND) . Further discussion? Senator Geo-Karis. SENATOR GEO-KARIS: Simply that, Mr. President and Ladies and Gentlemen of the Senate, it Wasn't mentioned because, no r it doesn't mean it's illegal. PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discusslon? Senatcr Karpiels to close. SENATOR KARPIEL: I would just ask for your Aye vote. PRESIDING OFFICER: (SENATOR MAITLAND) The questicn is, shall Senate Bill 788 pass. Those in favor: vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have al1 voted Who wlsh? Take the record, Madam Secretary. On that question, there are 48 Ayes, 6 Naysy 1 Member votin: Present. Senate Bill 788, having received the required constitutional majority, is declared passed. Earlier Senator Watson asked leave to return to Senate Bill 709. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER : Senate Bill 709. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. SENATOR WATSON: Yes, Ehank you, Mr. Presldent. Thls addresses the Illinois Planing Council on Developmentally Disabilities Ksic> and adds that the appointment of thirty-eight <sic> members of the voting I 79  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 2, 1995 board shall be with the advice and consent of the Senate. And also adds that of the eight voting members, one shall be a public school district superintendentr one shall be a director of special educatlon and one shall be a director of a private special education facility. The requirements to be imposed by this amendatory Act of 1995 apply to the terms of office beginning in or afker January 1996. This was amended in committee. There Was considerable opposition. In fact, the committee opposed the original legislation, asked me to ccme back with an amendment that we would hope to have worked out with the Council. This is an attempt to do that. The Council, at this time, I think is still opposed to the concept, even though that, from all indicaticns that we bave, this does not impact any of their federal funding.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is, shall Senate Bill 709 pass. Those in favor, vote Aye. Opposed, Nag. The voeing is open. Have a11 voted Who Wish? Have al1 voted who wish? Have a11 voted who wish? Take the record, Madam Secretary. On that question, there are 46 Ayes, 2 Nays, 9 Members voting Present. Senate Bill 709, having received the required constitutional majorityy is declared passed. Earlier Senator DeAngelis asked leave to return to the Order of Senate Bill 541. Read the bill, Madam Secretary.

Senate Bi11...

PRESIDING OFFICER: (SENATOR MAITLAND) . . . senator DeAngelis. Senator Garcia, for what purpose do you arise, sir?

For a point of personal privilege.

PRESIDING OFFICER: (SENATOR MAITLAND) State your point, sir. 80  STATE OF TLLINOIS 89TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995

The -- mg -- my voee on *he last bill indlcaked had voted Aye. had intended to vote No on that bill. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) The record will recognize your intentionr Senator. Senatcr Berman, for what purpose do you arisez sir?

Thank you, Mr. President. On the last bill, Senate Bill 709: meant to vote Nor and my light was green, apolagize. And Want the record to so reflect.

PRESIDING OFFICER: (SENATOR MAITLAND) The record will indicate your intention, Senator Berman. Read the blll, Madam Secretary.

Senate Bill 541. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. president. Senate Bill 54l does three things. The first thing it does is it abolishes the current school aid formula. Most of you know that the school aid formula, ln most instances, does not work. It Was created in the early seventies when there was an assumption made that enrollment would increase, property values would stay stable; therefore: *he State would make up the difference between the increased enrollment and Ehe stable local effort. The contrary has happened, resultlng in that the State has a smaller burden; local government has picked up -- the local taxes have pieked up the bigger burden. In its place establishes a formula in which each student will receive, from each district, fifky percent of the modian unrgskricted revenuê 81  STATE OF ILLINOIS 89TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 i statewtde, adjusted for a regionak index. That's fifty percent of I the median unrestricted revenue per student statewide: with a j regianal adjustment. Secondly, it reduces the permissive rates - and those are the rates that We, in the General Assembly, allow 1 school districts to levy - by fifty percent, to forty-six cents for elementary, forty-six for secondary, and a dollar -- or ninety-two cents for unlt dlstricts. The third thln: that it does is lt raises the State income tax from three percent to four for individuals and 4.8 to 6.4 for corporations. Several facts about this bill: It is not a switch; it is not a swap; it is not revenue-neutral. It is not a switch; it is not a swap; it is no* revenue-neutral. If a scbool district gets their fifty percent -- or, fifty-percent grant and has their tax reduction, and the combined value of those tuo results in less revenue than the year previous, *he State of Illincis will reimburse on a hold-harmless basis. Therefore, no school districk will end up with less money than now, and most school districts will end up wikh more. Nowr I presented you wkth a serkes of graphs. If you'll just point to them for just a minuEe, the first qraph shows the difference in the percentage of State funding, tf this blll passes, than what currently exists. The second graph is done -- is the sane, except it shows it in a probably more graphic way, The inner circle shows the seventy-two percent local taxes are paying and the twenty-eight the State is. The outer circle shows that, after this passes, it would be a fifty-four/forty-six. Part of that differential in *he percen*age is thaE Ehere are some school districts (n Illinoks who spend a considerable amount Nith their property taxes; therefore, lt would be very dlfficult to achieve that fifty percent. The next graph is pretty well self-explanatory. It's a distribution chart on Where the noney goes. The last graph I want to show you: however, is the most 1 ' important. We have been charged ln Illlnois with not only being 82 ' . )  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 ' ! one of the lowest providers of support for schools, but having one j of the most serious underfunding situations. By -- on this graph, by using the fiftieth percentile - the fiftieth percentile - and with the State paying half of that and the other half by local effort, we have insured, with this bill - we have insured, with this bill - that no child in the state of Illinois Will be funded at below the median level. That is light-years jump toward resolving the issue of adequacy. And last, it raises a hundred and eighty-six million dollars for distribution to local governments through the Local Distributive Fund, and that might be somethlng that we might want to tinker with later on. In fact, if there 's anybody in this Body that would like to turn around and suçgest alternative revenue sources other than Ehisr I'd be very happy to take that suggestion. If anybody thinks that therp ought to be changes made in thlsr 1'11 be happy to accept those suggestions. But by and large: wedve moved away from, one, a property tax-driven system; two, a State-funded system; three, we dealt with the issue of adequacy; and four, we are closin: the :ap on inequity. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Berman.

Thank you, Mr. President and Ladies and Gentlemen of tbe Senate. I rise in support of Senate Bill 541, and I compliment the sponsor for making some very tough decisions on a very sensitive issue -- lssues. And I thlnk that he has outlined what this bill does quite well. Like any major change in the revenue stream and in the school aid formula: there are parts of this bill that I like very much; there are parts of this bill that I don 't like very much. But I think that this bill, at this point, deserveg our support, because lE increases Sta*e revenue; it puts more State funds into education; it decreases the reliance on ! 83  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 4ls* Legtslative Day May 2: 1995 property taxes. Those three issues are issues that this Body and State government, for the lasb twenty years, have refused to recognize and to challenge, and that's why Illinols, which is a great State in what we're able to produce, in the jobsr in the economyr et cetera: stands at forty-seventh of a11 the states in State funding. Shame on us. Thls bill is a step in the right direction. Again, think that Senator DeAngells has done a yeoman job in confronting these problems, and I look forward to worktng with him to get the perfect bill before we walk out of here thts Session. Thank yau, Senator DeAngekis, and I ask you al1 joln us an Aye vote.

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

Thank you, Mr. Presldent. I too rise in strong support of this bill. We have talked for a long tlme in this Bcdy and ln the State about being for education. You now have the possibility of being for education and actually making it a priorlty. We cannot continue to talk and not act. As I believe it Was Senator Hawkinson said a few mlnutes ago about his bill, his bill was a work in progress: so is this one. dces not have everything that everyone wants, but no group a loser thlsr and I applaud Senator DeAngelis for taklng *he leadership and attempting to answer most of the questions that we have raised about school funding. Adequacy: It puts the fifty-percent floor under educational dollars, under fundlng. Equity: begins to untangle much of *he complicated tanslins and knottin: of qiving some school districts more than others. Anyone Who has doubts about Ehis, you should kake a look at the reports that the task Corce provtded, that any number of schaol arganizations and issues organizations that have looked at this question, as Senator Berman said, for the last twenty years. You Will find appalling 84  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 inequities. applaud him fot taking the leadership . The Revenue Committee on which I serve, and as dces Senator Berman and others on our side, condueted six montbs of bearings, and I keep reminding people of that. We went a1l over the State of Illinois. These are the issues that were brouqht before usr and this bill attempts to address them. It is shameful for a State wlth the revenue and the power and the possibility that Illinois has, to keep falling annually farther and farther down to the -- I think we're now at something like -- we only fund at a level of thirty-two percent. That is outrageous. This bill helps lift us up, and I suggest and urge that we vote for it. There are thinqs that we can do later on to change it, for those Who have concerns, but I've been telling groups, let's apply the fifty-one percent rule on thls. It has, at least, not more, fifty-one percent of what we say We want, and I thank him for bringing it to us.

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

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

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Lauzen.

Senator, if this is a net tax increase, how much mcre money wkll the citizens of Illinois be paying in taxes?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: The amount of dollars pald ln taxes would be somewhere around hwo billion. schools would get about l.6 billlon. We wculd get four million -- billion dollars of -- four hundred million for our own Treasury. However, did not say was a net tax increase. I said it was not revenue-neutral. If you would add the combtned 85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslative Day May 2, 1995 . I - - and, Senator Lauzen, I know it's hard to -- to convince you on Khis point, but if you would add what you receive in State a1d and what the reduction to your taxpaying citlzens that you are : I concerned about as much as I am concerned about, you will find out there's approxlmately a nine-hundred-million-dollar benefit to the citizens.

PRESIDING OFFICER: (SENATOR MAITLAND) Senatar Lauzen.

Well that -- the increase that you 're speaking of - that two billion dollars - is that per year or over the next five years? END OF TAPE TAPE 3

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: It's per year.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen .

Okay. Will this extra money improve education performance in Illinois?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: I don't have a crystal ball. I wculd hope that it Would, but I I Can tell you that there is along with this a trailer bill that, 1 ! I 86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 in fact: has some significant recommendations for educational improvemenE and reform.

PRESIDING OFFICER: (SENATOR MAITLAND) senator Lauzen.

Final question, before addresslng the bill: What evidence do ycu point to that a greater percentage of State, rather than local, funding leads to greater academic performance?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dehngelis. SENATOR DeANGELIS: Well, Senator Lauzenv know you deal With the business world/ but if -- if you had five companies and ycu gave one of them ten percent as much as the highest one and the other one twenty and the cther one thirty and forty, which one do you think would have the ability to produce the -- better product? Now, that doesn 't necessarily mean they are going to produce but you cannot, in fact, measure performance when that the klnd of funding we have in Illinois. Educational funding is a matter of geographical accident. If you bappen to be somewhere Where there's a lot of EAV, you're goln: to get a lot of money. But I can tell you, my own area, I have two school districts - elementary school districts - side by side, going to the same high school, ln which the variation is signiflcant.

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

Well, the questian that I asked was: What evldence dc ycu point to that the greater percentage of State, rather than localr fundlng will -- leads to improved performance?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. 87  1 I STATE OF ILLINOIS : 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 SENATOR DeANGELIS: Well, the fact of the matter is, is what you'll be doing is giving kids opportunities to have certain educational tools they currently don't have, and hopefully that will result in an improvement. It sure isn't goinq to happen without it. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Lauzen. SENATOR LAUZEN: To the -- to the bill: I know that part of the promise of this bill - and I -- I have enormous respect and affection for the sponsor - is tbat there's going to be some offsetting property tax payments. But I would submit in this Leglslature - and I believe that many people feel the same way - that property taxpayers don't trust any of us. They feel Ehat wedlk :et the income tax increaser for sure, but that property taxes Will be hiked back up, if we even get the temporary tax relief. A second pcint that I would make is that the natural revenue growth in the budget of the State of Illinois, over the past four yearsr has been estimated for this year, three-quarters of a billion dollars - seven hundred and fifty mlllion; last year, six hundred and fifty million; year before, eight hundred and thirty-three milllon; and the year before that, nlne hundred and fifty-six million dollars. Now, if we cannot live within those means, then another tax increase is not going to help. I Would say that -- especially -- well, especially people in this Body should have learned their lesson by now. More money for our klds was the justification for the Lottery, for riverboat gambling, for a surcharge extension, and now another tax increase. How long wtll we propose tax increases, rather than spending cuts in some other areas and lining up our priorities properly? I would just ask for a No vote. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Vlverito. i 88  STATE OF ILLINOIS 89TH GENERAL ASSEMELY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995

stand favor of this proposal, and to reiterate Senator Palmer and Senator Bermanr have a great deal of respect and admkration for my colleague on the other side, who has shown great wisdom and courage in addressing this particular problem that welve had fcr too long. And I commend you, Senator DeAngelis. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Further dtscussion? Senator Mahar.

Thank you, Mr. President and Members. I represent a community - - the community where I livez where -- Where my klds go to the ekementary public school system, Where ninety-three percent of the revenue needed to fund that schaol system comes from myself, my neighbors and the rest of the property taxpayers. And so consequently, the intenk of Ehls btll to shift away from that ls something that definitely appeals to me. Mr. Presidentr the sponsor would yield for a question, have one concern. And I think I've heard that from a number of my constituents...

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Mahar.

this regard, and that is: Wedre going to increase tWo billion dollars' wcrth of income taxes. Is there something in your bill that specifically says that Wedre going to utilize that money for the inkent whlch you -- which you demonstrate, and -- and the follcwing year, we wL11 be unable to take that money and put it into whatever the crisis-of-the-mcnth is around here?

PRESIDTNG OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Senator Mahara That's an excellent question. The 89  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 2, 1995 bill does have three parts: One is the part that dlrects the money to be driven through this new formula; secondy that the property tax reduction done because we have forced the lowering of the rates that they could levy. The -- the driving -- and then there's the tax increase. That drives it through that formula, and that formula is in the bill. lsn't a formula that can be altered without doing signkfkcan: legtslative changes. One of the things that I thought about and I as we continue to work on this, is 'to, perhaps, find a system of continuing appropriation that -- keeps driving the formula throughr so that in the event that somebody wants to change it, they have change more than just the -- the -- the -- they just can't change the appropriation; they have to change the whole thing.

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

I had a question of the sponsor, too.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Welch.

Senator -- Senator DeAngelis, Senator Demuzlo would leave you alone, I'd like to ask ycu a question. Why do you have the income tax increase going to the General Revenue Fund instead of the Common School Fundr if it's going to go to education?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngells. SENATOR DeANGELIS: I have no problem in designatinq the fund . The only problem: don't want this to look like the Lottery Bill, okay? The fact of the matter is, the thing that drives the funding is not the fact that the mcney goes in. The thing that drives the funding is the formula. And as long as that formulary is intact 90  ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 and We Want to put language in that it will be done with a i continuing approprkation: that would satisfy me, and I think it I would satlsfy most of the Body. But putting it into another fund i doesn't mean the monev's qoinq to qek there. ' - ' '' - ' '' j

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch. '

I would -- I would think putting it into the Common School Fund would mean it wouldn't be spent on something else. So it would seem to me that would be the fuel driving the school funding formula. But 1et me also say that -- aren': -- didn 't we pass a bill that says that ten percent of al1 income tax revenue goes to local governments starting next year? Is that -- is that correct? What effect does that have cn your proposal? That seems like a big chunk of any new revenue going to local governments.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Well, I -- without provoking any animosities, we do have a budget that we cannot fulfill at this partlcular timev and there's a debt that we have yet found a way to pay. There are going to be a 1ot of creative ways in which to do that. I can tell you thàt I would not be adverse to readjusting that formula, and that with thls amount of money coming in, perhaps we can qo back to an old number that would take care of them and Would give us a little bit nore to take care of cur problems.

PRESIDING OFFICER: (GENATOR MAITLAND) Senator Welch.

Is the ten-percent tax only out of the General Revenue Fund, 1 on an income tax increase? Would that aot apply kf the money went I i directly to the Common School Fund? Is that one way to avoid 91 g ''  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslative Day May 2, 1995 that?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: As I read it, the Lccal Government Distrlbutive Fund is based on income tax. Not where it goes. The tax.

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

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR MAITLAND) He indicates he will yield, Senator Geo-Karis.

Senator, what guarantee is there in the bill that the real estate property taxes are definitely going to be lowered?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: The bill statutorily reduces the permtssëve rater Whtch currently is ninety-two cents for elementary, nënety-two for secondary and a buck eighty-four for unit. 1* mandatorilyr statutorily reduced it by fifty percent, to fcrty-six, forty-six and -- what's half of one eighty-two?

PRESIDING OFFICER: (SENATOR MAITLAND) Ninety-two. FurEher -- Senator Geo-Karis.

To the bill: Mr. President and Ladies and Gentlemen of the Senate, have said that I would vote for an lncome tax increase if there was a guarantee - absolute guarantee - that proportionate taxes real estate taxes - Nould be decreased. Nowhere the bill does it say Ehey will be deareased. You may have a formula and all that, but there's nothing to stop the formula from being 92 *  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 changed againr and then the people are -- hit with a double whammy. Thereforer I regrettably have to speak against the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Furkher discusslon? SenaEqr Jacobs.

Thank youw Mr. President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Jacobs.

Actually I have two cf them . The first question Wculd be in regards to renters. Renters Will not get a break here, but they're goin: to be paytng more. Is there any safeguards built into this to ensure that their property tax -- or their rents may go down proportionately by the amount of dollars that they're golng to get in the property tax exemption?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Nor Senator Jacobs, but there is a world out there called competition. And I know that, in the City of Chicago alone, there are significant vacancies in the office markets and in some cf the apartment units. I would think that if something came down, the rents would come down with

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Want to -- I just want ta read off of my district. Whether it's correct or not, we can still debate that. For my district aloner convince me. My individual income tax lncrease is going to 19.8 million dollars. The residential and farm property tax relief is going to be 7.4 million dollars. So the net tax 93  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 i ! I increase is 12.4 million dollars. I now have new school dollars j of 3.6. My people are going to be paying 8.8 million dollars more 1 I than what they're gettlng in return. How do I explain that to my j I citizens? j PRESIDING OPFICER i : (SENATOR MAITLAND) Senator DeAngelig. SENATOR DeANGELIS: What's your number?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Number one, actually. No ! Thirty-six.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dehngelis. SENATOR DeANGELIS: Well, I think it Wauld be a :ood time to introduce the chart, beeause I think that's What he 's referring to. But Senate District 36, with this bill in effect, would go from flfty-six million - yau want to -- you got a pencil there: Senator Jacobs - would go from fifty-six million dollars in State aid to sevenby-one million. That's a fifteen-million-dollar gain. It would go frcm sixty-four million in praperty taxes to fifty-two million. Soy that's thirty-seven -- how much are you saying you're in paying in income tax?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

GeE back to Ehis oner and that's What I'm saying. I'm Erying to Cigure out Whether our figures are correck or yours are. We're paying 19.8 millkon dollars more in income kaxes.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator DeAngelis. i 94  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslatlve Day May 2, 1995 SENATOR DeANGELIS: You 're getting a thirty-seven-million-dollar beneflt. think the chart that you're reading ls off the Department of Revenue, Whlch does not have any of the busîness savings in lt. It only -- it only deals w1th residential property tax decreases.

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

Well, it's my understanding -- if that be correct, it's my understanding the big winners on this -- actually, that there 's a three- or four-hundred-million-dollar overall savings for business communities this State, and it's falling on the backs of the individual lncome tax holders. I'm not going to get into a big -- 'cause we're talking off of two different schedules here, and I understand that. But 1et me check with our staff and see where vefre at with that. Thank you.

PRESIDING OFPICER: (SENATOR MAITLAND) Further discussion? Senator Shaw.

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

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he W111 yield, Senator Shaw.

have the chart here. -- and I wanted to ask, how does this differ from the plan that that Comptroller Netsch introduced last year?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: There's no comparison. Senator Hetsch Was going to swap from one pocket to the other. Okay? That -- this does not da Ehat. And if you've got your prlnkout, what's your number there? 95  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGMLAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2e 1995

PRESIDING OFFICER: (SENATOR MAITLAND) Senator ShaW.

Beg your pardon? You say you take from uhat ncw? SENATOR DeANGELIS: What's your number cn that sheet? What's your district...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sbaw, your senatorlal district.

Fifteen.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Well, whae Eenator Neksch's plan would have done -- and by the wayr this -- just to clear the record -- just to clear the record, this very bill that an introducing, with some modificationy is a bill that Senator Netsch soundly defeated three times in Ehe Revenue Committee in fact, to the extent that it neverr ever got heard . so, to try to compare lt with somethinq of hers, hers was a swap. said if you pay a dollar income tax, we're golng to give you a -- property taxes, we're gcing to give you a dollar income tax. Ncw, she did have some additional dollars they were going to spread around. But let me point out to you, if they would have done through the old formula, you may not have got any of

PRESIDING OFFICER: (SEHATOR MAITLAND) Senator Shaw.

Let me -- let me ask you another question. Have you talked to anybody in the -- on the other side of the -- over across the rotunda in terms of trying to :et this bill passed?

PRESIDING OFFICER: (SENATOR MAITLAND) 96  STATE OF ILLINOIS 89TH GENERAL.ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day 8aY 1995 Senator DeAngelis. SENATOR DeANGELIS: Senator Shaw, a journey of a thousand niles starts with the first step.

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

To the to the bill: introduced a bill similar to this last year, where it would have made a reduction in the property taxes by some fifty percent. As a matter of fact, your President talked about the bill last year, and at one pointr I thought he was going to support the bill. But he -- he didn': see fit to do that at that time. But looking at today -- and I think I want to say here and now, I'm for funding education, but I'n not for a charade. And that thousand-mile journey that you're talking about, certatnly lt starts with the first step, but I don 't think that step is -- is going to be made here today. think this is a charade, and don't think this bill have the votes. I don't think you have them on your side of the aisle: and I think this is a potttical ploy, and I donst think that you should -- this Body should be about ''now you see tt and now you don't's don 't thlnk should be about that. I think there's -- an honest effort should be made here, in terms of trylng to pass some tax relkef for the taxpayers of Cook County. And certalnly a1l of us over here will -- will probably vote for this legislaticn. But to do this to the children of our State, in terms of education and talking about it -- certainly it's a -- it's a noble speech and qnow that you have gcod intentions. I understand what you 're doing , but at the same time, I don't believe that you have the votes on your side of the aisle. 1, for one, is going to vote for this legislattonr but I don't believe that you can put the votes together on your side of the aisle to bring this about, to get 97  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 to the other -- across the rotunda to the other Chamber. I think it's a shame that the ycur side of the aisle Would put you tn this position, to hang you out there and lead you to believe that you can promise the children something that they candt have. I think it's a shame, and I don't think it should be done, and I don't think that's What this Body should be about. And certainly I would ask that the Members of this Chamber - those who can - vote Present on thls bill? on this side of the aisle. You have the votes on your side of the aisle. You have the membership. You have the majority, and the majority should be put on from your side of the aisle. And if you haven't done that, then ycu haven 't done ycur job on this bill. But I want to see how many Members you put on from ycur side of the aisle. I'm voting Yes on Ehe bilL.

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

Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will...

Senator DeAngelis, and I -- : didn't hear when you first started. I was away from my desk and I -- off the Floor.

PRESIDING OFPICER: (SENATOR MAITLAND) Pardcn me, Senator Collins. Ladies and Gentlemen...

Could you tell me how much...

PRESIDING OFFICER: (SENATOR MAITLAND) . . .please. Give the Lady your attention, please. Senator Collins.

How much of this -- how much of the monies from this tax will 98  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 go to support State gcvernment, not education?

PRESIDING OFPICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: There is a residual amount of anywhere between three and five hundred mlllion dollars.

PRESTDING OFFICER: (SENATOR DONAHUE) Senator Collins.

For this year.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Fiscal '96.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.

Question: Senator, have ycu spoken with the Governor reference to his signature on this bill, in case it wculd çet to his desk?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngells. SENATOR DeANGELIS: have spoken to him . The Governor, at this particular Eime, is specifically amblguous.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins. *

didn't hear that. I mean, you muffled there. Tell me - - say it again.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. 99  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 SENATOR DeANGELIS: said the Governor is specifically ambiguous. The Governor has not lndicated he has a position, yet.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.

Senator, the other thing, have you polled your Membership and to see whether or not you do have some support? And I'm asking you this because, quite frankly, I'm going to support your bill, but the reality of thls -- I thlnk Senator Shaw, you know, explained very well. This is a political issue. And really, really a tragedy for us to continue to play politics With the lives of the children of the State, and with the property owners of this State. There's no doubt about This issue has been studied and studied over and over, has been used as political posturingr has defeated the Democratic ticket in the last election. Among those were myself, and I'm up for re-election agatn. But I think what it's really a1l about here is whether or not we do have the test of courage to do what is righty even though may be politically incorrect. It is most certainly the polittcal incorrect thing to do, because time after time, candidates are defeated on the basis of their vote on tax increases. And if that skde of the aisle - the majority of your Members are gotng to go out after this vote is taken here - and the probability is that it will not pass because you don't have the votes and Ehen posture themselves and play the media game, which they will successfully do, and say that we all voted Eor a tax increase and of course, this and that was -- was for Whatever reason - jus: toward -- to defeat and to gain more seats in the Senate next time around, Lt's realky unfair. But it's a chance that I think we have to take. It's a chance that willing to take. And I just will say that in the absence of any l00  STATE OF ILLINOfS 89TH GENERAL ASSEMELY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 other constructive plan to come through this Session, probably Won't -- another bill -- I haven't even seen ancther bill: Housg or Senate. It's the only opportunity that we have. We're still a long way frcm the conclusion of this Session, and I think as neqotiaticns continue to go on, we can lcok at some of the problems With this bill. I would hope so. It most certainly has some problems that I'm concerned about. I don't think, at thls paint, a dime of this money should be going for -- to support State government, because lf the Governor want and which he should additional money to adequately fund State government, then itls his responsibility to take initiative for that. It's also hls -- his responsibllity to take the lnltiative for fundinq educatlon. But it's obvious he's not soing to do that. He is not the educatlon presidentr as he purported to be meanr Governor, as he purported to be. We all know that. So for the sake of the children of the State of Illinois, yes, I'm willing to take the risk. will vote Aye.

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

Thank you, Madam President. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he6ll yield, Senator Jones.

Senator DeAngelis: heard your response Eo another question. I recall last year last year during the gubernatorial campaiqn the issue about the tax increase. Now r could you tell the Bcdy Nhat percent of State income tax are you talking about increasing?

PRESIDING OFFTCER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: 1* goes -- LE goes from three percent to four percent for the  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 individual and to 6.4 for the corporations.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones .

Well, is it is it fifty percent or khlrty-five percent or thirty-eight percent? What percent?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELISI It's thirty-three percent on the retail and twenty-five percent on the Wholesale.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Jones.

When you say ''on the retail'' retail sales tax?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: No. If you took four percent to -- and multiply it by twenty-five percent, a one-percent increase. ycu took the thirty-three and you raised it -- you took the three and ratsed it to four, it's a thirty-three and a third.

PRESIDING OFFICER: (GENATOR DONAHUE) Senator Jones.

Well, the questton I -- I asked you I think Senator Shaw raised that question with you, and you saùd the -- the plan of Dawn Clark Netsch was taklng from one pocket to another pocket. But that's -- that's not the Way the bill her plan was. I think she indicated with her tax plan, she wanted to raise the State income taxy which would have been two billion dollars, and she was going to rebate one billion dollars in property tax. Am l02  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 4lsb Legislative Day May 2, 1995 i correct? I PRESIDING OFFICER) (SENATOR DONAHUE) i l Senator DeAngelis. SENATOR DeANGELIS: . Yeah: but she never said why. And by the May, if she was gcln: to double the lncome tax increase and only give a billion, this would give us l.3 billion for a one percent.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jcnes.

Well, I -- I think -- I think the record should be -- be clear and straight as to -- as related to the plans. I recall that immediately thereafter, I thënk, the -- the major newspapers carried the story where I think the -- Ehe Senate President indicated he 'd like to try something as a swap, similar to what *hey are dolng in Michigan or Wisconsin. But I think the -- record should be crystal clear thak we -- we are playtng politics with the educatkon of children in the State of Illinois. If you were -- genuinely sincere about funding, then you would have supported that plan. Now, that plan that she had was a genuine property tax rellef. It was not taking from one pocket to the -- to the other pocket, as -- as it relate to this bill, Senator DeAngelis, as related to this particular bill. And I saw a11 of you on that side of the aisle beat her acrass the head because she was trylng to do something for the children. You know, so -- but I was trying to find out -- on thts btkl, it's not an even suap. It's aot an even swap , is it?

PRESIDING OFFICER: (SENATOR DONAHUE) I fenaeor DeAngelis. SENATOR DeANGELIS: 1 No, and -- no, Senator Jonesr it is not, but I want to tell I you, if -- if -- if I was being insincerer I'm going to tell your ! I l03  STATE OF ILLINOIS 89T5 GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 I PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Jones. 1 SENATOR JONES: 1 Well, again, I -- I recognize the political charade that we are playing With this particular issue, and I do recognize that even your counterpart in *he House indlcated that thls bill would not see the light of day in the event it passed. But I suggest very strongly - very strongly - if you genuinely want to pass this bill, then I suggest that you sit down wlth your Leadershtp over there and help provkde the necessary votes so that it doesn't become a pclitlcal issue, as it seems right now, rather than just call this billz get lt up for a vote, and say al1 the -- al1 the Democrats want to do ls raise taxes. So let's stop playing politics with this lssue, and if you 're genuinely sincerez I suggest you get your Leadership on the other side of the aksle to come out and be supportive, and we can put the proper votes on so that a -- a bill can pass that can benefit the children of the State of Illinois and also take the burden off the property tax OWners.

PRESIDING OFPICER: (SENATOR DONAHUE) Further discussion? Senator Maltland .

Thank you very much : Madam Fresident and Members of the Senate. There are three or four or five of us on the Eloor of this Senate that have dealE wlth school flnance now for, frankly, nearly twenty years. We have fought battle after battle to adequately fund schools, to attempt to shift a balance between State and local revenue and attempt to find equity in funding our schools, and we've always lost those battles. And you knoW Why We 've lost those battles? For the same reason I'm hearlng the diseussion on the Floor of this Chamber thls afternoon. We have 104  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legëslatlve Day May 2, 1995 ' parochial concerns because we represent districts of nearly tWo hundred thousand people, and every tssuey every bill, every plan welve ever put before a Body has gotten involved in this kind of rhetoricy and it's legltimate rhetoric. We protect our qwn districts, and We are concerned. Senator DeAngelis has made a yeoman's attempt to present to this Body and to this State a means by which we fund education, and I'm going to say again this afternaon and I hate to say it: But now is not the time, bub the tfme is getting very, very close. Becauser you see; for the reason we haven't been able to do this is because we, as L legislators, are tndivldual and parochial in nature. The Governor of this State has made a commikment to kake the bull by the horns and put together a task force of high-level people - people Nho understand the issuer people Who are concerned about Ehe equity and the fundlng of sehools in this State - and he 's going to be doing that very soon. He will take Senator DeAngells' plan. The task force will -- will take the Task Forcê on School Flnance, Senator Berman: the plan that you and I and Senator DeAngelis and others were a part of. There are many similarities - many slmllarities. But the fact of the matter, thks has to happen: and has to happen very soon. If find any fault at with Senator DeAngells' approach, lt is that doesn 't dealy in my view, the way we're goin: to have to deal with the equity issue, and that's a very, very serious componen: of school finance reform. Everybody in Ehis State screams at schools forr in their minds, the lousy job they are doing of educating our boys and gtrls. But, Ladkes and Gentlemen, look at the budget that we pass out of thïs Body every year. It's not education that's eating the funding. It's the social service aqencies - DCFS and others - who have the boys and girls or the parents of this State who, for one -- reason or another, haven't been able to control those children and they end up as wards of the State and come ineo our schools, 105  STATE OF ILLINOIS 89TH GENERAL ASSEMELY REGULAR SESSION SENATE TRANSCRIPT 41st Legislaeive Day May 2, 1995 and we expect the teachers to do the same job with the kind of s*udents they had back a generation or two ago, and it can't happen. We are asking schools to do more and nore and mcre. And we're going to have to prcvide the adequate funding. Let's don't blow it now. Senator DeAngelis, it's with regret Ehat stand and oppose your bill this afternocnr but do not oppose the bill in concept. I wank the task force to move forward and bring about school funding in Illinois and do it this year. Thank you, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discusston? Senator DeAngelis, ta close. SENATOR DeANGELIS: Thank you, Madam Chairman. You know, last year we passed the tax caps. supported them strongly. But I also supported them on the hope that we would change the formula, because what is happenin: in my area and what is happening in other areas is that praperty tax collections will go downr State aid go down. Let me give you an example. This year, the Governor proposed about a hundred and fifty million dollars of new monies for schools. In my district - in my district - only one school gets more money than last year. In the Chicago Board of Education and this is the difference between the Netsch and DeAngelis plan the Governor's contribution in his budget gives Chicago forty-seven million dollars less than last year because of t:e formula - because of kbe formula. And Ehen ue in Cook County, particularly tn the South Quadrant, get hit with a forty-five-hundred-dollar homestead exemption, trienntal assessments, prior-year EAV, caps and less money. Senator Maitland, I would like Wait; I really would . And I do not enjoy having a tax inerease on any cf my billsp but in my areaz it is one mtnute t1l1 midnight. And the problem is that this bill is 106  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 1995 not like wine. It's not goin: tc ge* better wiEh time. In fact, property taxes will go up about seven hundred and fifty mïllion dollars this year: eight hundred and twenty-five next year and nine hundred the following year. And if we have to mqke up that differential, we will have a tax bill that'll make Illinois look like one of *he -- most humongous state, and therein lies part of the equity issue. Because by taking down that tax rate, We start flattening the top. We're bringing up the bottom, With the fiftieth pereentile: and we are closing that gap . I am a strong bellever in local effort. really am . And that's why there has to be a strong component on that. But the price gets higher and higher and higher, and schools are sinking more and more. Senator Shaw, on that just -- I sent each one of you a copy of the prtntout, and just rather quickly, that first column is What you wculd currently be getting -- it's what you're currently getking in State aid. The second column is what your property taxes are. And got to remind some of the critics from Chicago that -- on both sides of the aisle, that currently you're goin: to get the four hundred and eighty-seven milllon dollars in State aid. Under this bill, it goes to nine hundred and six million. Your property taxes, Wally - you lve got an area that's very sensltive to that - goes from a billion twa hundred and eighty-three to a billion nineteen: Two-hundred-and-sixty-million-dollar property tax reductions. My Lord, Chicago went to war on over a twenty-five-million-dollar tax increase two years ago on property taxes. And a two-hundred-and-sixty-million decrease. Every school distrtct in Illinois, every taxpayer in that school district have a property tax reduction. And me give you -- we want to talk politics? Let me tell you why yau have to do it this year. And I will sweat and take the flap for an entire year, because come a year from this August, When the second installment of the property tax bill in Cook County comes down,  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 1995 for the first time in the histèry of that countyy everyone will see a substantial decrease in their property taxes. 'Cause ltls got to happen, because we have lowered the rate. And 1611 tell ysu: T'11 probably have people coming up to my office like they ccme now and say, 'IWas this a mistake?'' because every year they come running up there when tt increases, fcause they've never seen a decrease. Now I have to get on a personal note. don't like doing this. I came to this Body, along with many of you, with the idea of changing things. came here because tn 1978, as a first-generation American, I heard a President sayr nWe have to learn to llve with less.'' And I knew that if I could disappoint my father his grave, would be to accept that theory; that he who came over and left hls mother' father' four sisters and two brothersz to gtve me a better opportunity, that I was agreeing that I wasn't going to let my kids have the very same things that I had. The reality of this h1t me the other day. My granddaughter is going to school in the fall the very same schcok her father attended, wben there were twenty-two students in the class, when the State was paying forty-five percent of the bill. She 's îokng to walk into a classroom, in an affluent community, with forty-five kids. And the very legacy that I refused to accept for myself, refuse to accept for my granddaughter. We have a crisis, folks. We really, really do . And we can't run away from it. And one pledge that made to myself - and this sounds a little sêlf-serving - but if I ever felt that my whole career hinged on me doing something Wrong, I'd give up *he career. I ask for support. PRESIDING OFFICER; (SENATOR DONAHUE) The quesEion is, shazl Senate Bill 54l pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted Who wish? Have al1 voted Who wish? Have all voted who wish? Take the record. On that question, l08  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2: 1995 there are 15 Ayes, 40 Nays, 2 voting Present. Senate Btll 541, having not received the requlred constitutional majority: is declared failed . Senator Raica: on Senate Bill 791. Read the bill, Madam Seeretary.

Senate Bill 791. (Secretary reads title of b11l) 3rd Reading of the bill.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Raica.

Thank you, Madam President and Members of the Senate. Senate Bill 79l closes the loopholes in the AIDS dlsclosure information by the Department of Public Health. 791 now protects AIDS and HIV data fromw dlsclcsure by prohibiting the Department of Publtc Hea1th from disclosing information and records relating to known or suspeeted AIDS or sexually transmitted diseases cases in ehe publice or in any court cases, or before any board or tribunal or agency. Finally, 79l prohibits the Department of Public Health from disclosing AIDS registry information if that information defles -- identifies the reporting entity, the patient or the physiclan any way. And I just solicit your support.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senatcr Karpiel.

Nok on this, Madam Fresldent.

PRESIDING OFPICER: (SENATOR DONAHUE) Is Ehere any digcusgion? Any discussion? Seeing noner the question is, shall Senate Bill 79l pass . Those in favar will vote Aye. Opposed, Nay. The vottng is open. Have all voted Who Wish? Have al1 voEed gho wish? Have a1l voted who wish? Have a11 voEed who wish? Take the record. On that question, there are 58 Ayes:  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 1995 no Nays, none vottng Present. Senate Bill 791, having received the required constitubional majoriEy, is declared passed. Senator Butler. Senator Jacobs, on Senate Bill 801. Read the billr Mr. Seeretary.

Senate Bill 801. (secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Jacobs.

Thank your Madam President, Ladies and Gentlemen of the Senate. Senate Bill 801, as amendedy permits the State Mandates Board of Review to allow uniEs of local government, excluding school districts, to implement a State mandatp in an alternative manner if the unit of local government demonstrates to the Board's satisfaction that the pandate can be implemented at less cost to the unit of local government and still meet the goalsr objectives and intended results of the mandate. This was an outqrowth of the 1992 advisory referendum, whieh was plaeed on the general elegtion ballct, concerning State mandates. At that time, over eighty percent of the voters voting on the question favored a policy of not allowing SEate to pass unfunded mandates onto units of local qoMernmenL. This qkves ehe local governments the right to approach DCCA and to come up with an alternative implementation plan that they can accept in order to allow for them to neet the intent of the law. The Muntctpal Leaque is for it. We tried to make DCCA happy. understand DCCA 'S still go* a on but I Ehink that's mainly because they feel it's qoin: to take a few hundred thousand dollars to implement thls program. I don't know if I agree with that or notr but I thlnk it's something that's in keeping with what the voters asked for, and I ask for an Aye  STATE OF ILLINOIS 89TH GENDRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 1995 support.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

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

PRESIDING OPFICER: (SENATOR DONAHUE) Indicates hefll yield, Senator Karpiel.

senator Jacobs, know this came out of the Executive Committee, and we -- we had talked abcut qetting an amendment. don't know that the amondment does a grea: deal, very frankly. But the Department -- DCCA was not there at our last meeting, and now have brought to me some problems that they have with the bill. Let me just ask you some questions, and perhaps we could work on it more as it goes to the Rouse. The biggest concern is that the that the Mandates Board is an appointed board of five peopley whom I doubt any of us know or -- know whc they are, and they have one staff person. What we are dolng with this bill is allowing this -- this five-member Board to waive Statutes as well as rules and regulations of the General Assembly. So they become somewhat even more powerful, in a way, than the General Assembly. In the school waiver bill, Senator, we have a provision in there that, a statutory mandate that the school districts wish uaive, must come baok to the General Assembly for approval. Only -- they can only waive rules and regs of the State Board, not statutory mandates. In thts bill, as I say, lt it is it's all inclusive that the Mandate Board can can waive just anything. So that's cne problem I have with the bill and -- and a question. And secondly, vhat ls the enforcement power of this Board? What if' for instance, the Illinois EPA has a mandate out to local governments dealing wtth their wastewater or stormwaEer, or whatever, and it's a federal mandater perhaps, and they Wish to 1ll  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislatlve Day May 1995 waive it? This five-member Board can walve -- waive that mandate? And if they do, Who follows up with the municipality to make sure that it's belng done correctly, and et cetera? It's just sort of wide open.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Jacobs.

Thank you, Senator. I don't disagree with anything you said. We attempted to s1t down with Department of Commerce and Community Affalrs. We eome back wlth the one amendment that they indlcaEed that that their concern was the word ''waiver''. So we took the kaiver out and said an ''alternative implementation'', whereby the Board could offer, -- if a municipality come up wlth an alternative way of doing things, they could allow for tbat or not allow for that. That's up -- up to them . -- I don't think that they would have any authority, no more so than they do today, to circumvent Statute. But I thlnk that the bill, as I see it -- I agree with you. We're -- we 're wide open for DCCA -- to come in and tell us What they want to do . We 're willing to do what they Want to do. It's just a matter of then telling us. Stnce our origlnal conversation With staff, we have not heard any more from the Department of Commerce and Community Affalrs.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel.

Well, Senator Senator Jacobsr if We do put this bill outr would would you be willing Eo continue Working on it - I'd be glad to wcrk on it also - and perhaps have some amendments ready for the House?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

ll2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 41st Legislative Day Ma# 1995 Yeah. I would, most certainly, like to do that. I wculd ltke to have it in better form than it is today. But if -- but if people don't talk to us, and departments don 't talk to usr there's not a heek of a 1ot we can do about that.

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

Thank you, Madam Presldent. I rise to support the bill. I think it's not perfect, as Senator Jacobs has saidy and as Senator Karpiel has sald. I thlnk it's a good beginning. We should do what we possibly can to move ahead to relieve municipalities, tn particular, from some of the more onerous mandates we bve slapped on them over the years. So I would hope -- and I trust Senator Jacobs will -- wlll continue to work cn this. Jt needs scme work, but lt's in the right dlrection. I'm going to vote Yes.

PRESIDING OFFICER: (SENATOR DONAHDE) Further discussion? Further diseussion? Senator Jacobs, to close.

Thank youe Madam President. Just in closing I would say that, even as it sits, we are not allowing them to to waive the mandate; we're just saying, if they can come up with another methodr we'll allow that to happen. But I agree needs some more work, and just ask for your Aye vote and Will continue working on 1t. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) The question shall Senate 8û1 pass. Those in favor wilk vote Aye. Opposed: Nay. The voting open. Have al1 voted who wish? Have all voted who wish? Have al1 voted Who wisb? Take the record. On that questionr there are 52 Ayes, 1 Nay, 2 votlng Present. senate Bill 801r having received the requtred constitutlonal majoriEy, is declared passed. Senator Karpiel.  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995

Point of personal privilege, guess is what you'd call it.

PRESIDING OFFICER: (SENATOR DONAHUE) Please staEe your poknt,

Madam President, I sat here for approximately forty-five minutes and listened to the debate on Senate B111 541. have -- have worried and -- and studied that issue for many, many weeks and I inadvertently -- no, I d1d vote, but too late evidently, because lt -- it didn't register. So I would llke to have the record show that I would have been voting No.

PRESIDING OFFICER: (SENATOR DONAHUE) The record will so reflect. Senator Raicar for what purpose do you rtse?

Thank you, Madam Prpsident. With the permission of the Chairman of Appropriations, the Public Health Committee will meet this afternoon in Rocm 2l2 not A-l immediately following Sesslon. And we'll either go just prior tor or just afeer, approach -- or, Approps, depending on who gets ehere first. And that's Room 212, immediately following Session. PRESIDING OFFICER; (SENATOR DONAHUE) Senator Watson, for what purpose do you rise?

Yes. Madam President, just a -- purpose of an announcement. Obviously, for the last time We are going to mention the softball game. That is tonight. We ld llke to have Ehê playgr: out there are 5 o 'clock if Ne could. We had a great practtce last night. We got a couple of free agents tha: look real good , and think We are golng to -- we are favored actually this year. So we bve got to live up to that billing: and so we want to see you out there. Secondly, you al1 shculd have :ot in your office an invitation  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Leglslative Day May 1995 from the Illinois Manufactured Housing Association to attend a barbecue tomorrow from 12 noon to 2 o'clock in the Stratton Office Building parking lct. They have a -- a manufactured home there that I think all of you uill be surprised to see the -- the quality, and would -- I would hope that al1 of you would take advantage of the opportunity to go over and visit the manufactured housing demonstration, and also have a barbecue on them. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin, for what purpose do yau rise?

For purposes of an announcement. The Education Committee kill meet immediately following our -- our -- immediately following adjournment here on the Floor. We'11 go right to Education Comnittee. We have two Floor amendments to hear. Be very quick. The sooner we get Eherer the sooner We will finish. And Senator O'Malley will be conducting buslness there as the Vice Chair. Thank you.

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

Por purposes of announcementz Madam President. The Appropriation Committee will meet Room cohabiting with the Public Health Committee. I 'd like Members to come as soon as possible. We'l1 have a very brief meeting.

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

Thank you, Madam President. Inquiry of the Chair.

PRESIDING OFFICER: (SENATOR DONAHUE) Inquire.

STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Legislative Day May 2, 1995 Who 's faster, Raica or Rauschenberger? So we know whtch committee's going to meet flrst.

PRESIDING OFPICER: (SENATOR DONAHUE) If you a1l just take your seats for just a minute, we have one more order of business, and then we will be on our way to our committees. On page 18, bottom of the page under Motions in Writing to Reconstder the Vote is Senate Bill 100. Mr. Secretaryy read the motion.

Having voted on the prevailing side, move to reconsider the vote by whlch Senate Bill l00 failed. Filed by Senator Molaro.

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Molaro.

Well, thank your Madam Prestdent. There isn't much to sayr except that motion speaks for itself, and I'd ask for a favorable roll call on the motion.

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

Yes. Thank you, Madam President. Yes. As agreed to by bath sides of the aisle, we wil1 be moving it on -- baek to 3rd, and from 3rd, we will be amending it as -- as per agreemene with khe Minority Leader and the President.

PRESIDING OFPICER: (SENATOR DONAHUE) Any further discussion? Having voted on the prevailing side, Senator Molaro noves reconslder the vote by which Senate Bill 100 Was defeated . Those in favor will say Aye. Opposed: Nay. The Ayes have it, and the motion carries. A1l right. We will have a roll call on thisz folks. All those in favor will vote Aye. All those opposed will vote Nay. The voting is open. Have  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41s* Legislative Day May 2, 1995 all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 46 Ayesy 7 Naysy 1 voting Present. The motion carries and the bill ls on 3rd Reading . Motions. Mr. Secretary, have there been any motions flled?

Yes, Madam President. Senator O 'Malley has filed motions w1th respeet to Senate Bill 47 and Senate Bill 53.

PRESIDING OFFICER: (SENATOR DONAHUE) Mr. Secretary, the Chair requests that these motions be printed on the Calendar. So ordered. Rgsolutions. SECRETAR? HARRY: Senate Resolution offered by Senator Dudycz. And Senate Resolution 62# offered by Senator Watson. They're both substantive.

PRESIDING OFFICER: (SENATOR DONAHUE) Committee Reports.

Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measures have been assigned to commkttees: Referred to the Committee on Agriculture and Conservation House Bill 1940) to the Commlttee on Education House Bill 797, 940. 989, 991, 2142, 2273 and 24397 to *he Commiktee on Environment and Energy - House Bills 41 and 753; to the Committee on Executlve - House Bills 630: 1002: 1200, 2251, 2334 and 2345; to the Ccmmittee on Financial Instltutions - House Bills 377, 1608, 1833, 1882 and 2346) to the Committee on Higher Education - House Bills 471, 820, 1398, and Senate Anendment Senate 682; to the Committee on Insurance, Pensicns and Licensed Activities - Hcuse Bills 323, 892, 1045, ll3lr 1197, 1209, 1790, 1876, 1969, 2177, 2337, 2463, Senate Amendment 2 to Senate Btll 532, and Amendment 2 to Senate Bill 3467 to the Committee on Judiciary - House Bills 40y 234, 301, 314, 708, 865, 1l7  STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 41st Lpgislative Day 8aY 1995 1023, 1221, 1237, 1268, 1582, 1654, 1662, and 2236) Eo the Committee on Lecal Gcvernment and Elections - House Bills 150, 197, 438: 801: 859, 897, 974, 1461, 1489, 1850, 1854 and 21817 to the Commlktee on Public Health and Welfare - House Bills 5, 166, 532, 942, 1130, 1320, 1322, and Senaee Amendment to Senate Bill 6187 to the Commlttee on Revenue - House Bills 25, 222: 375, 679, 1893: 1900, 2141, and Senate Amendment l to Senate Bill 5657 to the Committee on State Government Operations - House Bills 309, 1530, 1730, 1731, 1732, 1733, and 17917 to the Committee on Transportation - House Bills 603, 1124, 1202, 1462: 1696, 2080, 2204, and 2339, and Be Approved for Consideration Senate Amendment to Senate Bil1 7, Amendment 2 to Senate Dill 135: Amendment to Senate Bill 281, Amendment to Senate Bt11 618, Anendment 1 to Senate Bill 620, and Amendment l to Senate Bill 658. PRESIDING OFFICER; (SENATOR DONAHUE) Senator Ralph Dunn, fbr vhat purpose do you rise?

Thank you, Madam President. For an announcement. Higher Educatlon Comnlttee will meet at 8:30 in the morning in A-l in the Stratton Building to hear Senate Amendment l to Senate Bill 682. We'd like for you to be there at 8:30, please. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) House Bills lst Réading .

House Bill 934, offered by Senator Geo-Karls. (Secretary reads title of bill) House Bill 1069, by Senator Petka. tsecretary reads title of bill) House Bill 1741, by Senator Cronin. (Secretary reads title of bill) And House Bill 2407, by Senator Weaver. 1l8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENAQE TRANSCRIPT 41st Legislative Day May 1995 (Secretary reads title of bill) lst Reading of the bills.

PRESIDING OFFICER: (SENATOR DONAHUE) Mr. Secretary, have there been any motions filed?

Yes, Madam President. Senator Severns has filed a motion with respect to Senate Bill 337.

PRESIDING OFFICER: (SENATOR DONAHUE) Mr. Secretary, the Chair requests that these motlons be printed on the Calendar. So ordered. Is there any further business to come before the Senate? If nok, Senator DeAngelis moves that the Senake stand adjourned until 9 a.m. 9 a.m. - Wednesday, May 3rd. The Senate stands adjourned.  k REPCRT: TIFLDâY STATE OF ILLINOIS 96/09/11 PZGE: 001 89TH GENERAL ASSEHBLV 16:18:36 SENATE DZILV TRâNSCRIPTION OF DEBATE INDEX MâY û2, 1995 HB-0160 FIRST READING HB-0185 FIRST REâDING H8-0258 FIRST READING HB-0315 FIRST REâDJNG HB-0320 FIRST REàDING H3-0648 FIR:T READING H8-0689 FIRST REâDING HB-0798 FIRST READING H8-093% FIH:T READING HB-1069 FIRST READING HB-1070 FIRST READING HB-1281 FIRST AEADING HB-1303 FIRST READING HB-1M65 FIRST REâDfNG H8-1523 FIPST READING HB-17k1 FIRST READING H8-1825 FIRST REâDING HB-18V3 FIRST REâDIMG HB-2106 FIRST READING HB-2108 FIRST REàDING H3-229: FIHST READING HB-2y0T FIRST READING HB-24:9 FIRST RERDING 5B-00k7 H0T1ON FILED SB-O053 HOTION FILED SB-0100 MOTIC: 58-0230 SECOND REâDIMG 58-0336 SECOND REâDIMG SB-033T MOTICN FILED sB-03k0 SECOND READING SB-0k03 SECOMD READING SB-0#03 OUT OF RECORD 58-0439 SECQND READING SB-0yk1 THIRD READIMG SB-0478 THIRD REZDING SB-0503 THIRD READING SB-0506 RECALLED 58-0523 THIRD REâDING 58-0539 THIRD READING SB-05R1 THIRD REàDiMG SB-O5l1 OTHER 58-0553 THIRD REâDIMG 58-0577 THIRD REâDING 58-0586 THIRD REZDING SB-0611 RECALLED 58-0628 THIRD READING 58-0653 THIRD READING 58-0677 'HIRD REàDING 58-0698 THIRD READING 59-0709 THIRD REZDING SB-07O9 OTHER SB-0716 THIRD READING :8-0720 RECALLED 58-0726 RECALLED 58-0739 THIRD READING 59-07:7 PECALLED s8-0753 RECALLED SB-O760 THIRD REâDING 59-0782 THIRD READING SB-0784 THIRD READING 5B-O7ô8 IHIRD REâDfNG SB-0791THIPD READING SB-08û1 THIRD REàDING 38-1195 SECOND READIVG '' y W  REPORT: TIFLDAY STITE OF ILLIVOIS 96/09/11 PAGE: 002 89TH GENFRAL ASSEHBLY 16:18:36 EENâTE DAILY TRANSCRIPTION 0F DEBATE ENDEX H;Y 02, 1995 ::-0058 RESOLUTTON OFFERED PAGE 2 5:-0059 RESOLUTION OFFERED PAGE 2 8R-0060 RESOLUTION OFFERED PAGE 8 3:-0061 RESOLUTION OFFERED PAGE 11T SR-0062 RESOLUTIOM OFFERED PAGE 11T 3JR-O0Rk RESOLUTION OFFERED PAGE 8 SUBJECT HATTER SENATE T0 ORDER-PRESIDENT PHILIP PACE 1 PRAYER-CHAPLAIN AL %EIDLICH PAGE 1 PLEDGE OF ZLLEGIàNCE PZGE 1 JODRNALS-PQSTPOMED PACE 1 COMMITTEE REPORTS PAGE 1 SENATE STZNDS AT EASE PAGE 7 SENATE RECQNVENES PAGE 7 COMHITTEE REPORTS PAGE 117 ADJOURNMENT PAGE 119 N N Nx -.wx